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7802 CONGRESSIONAL REOORD-SENATE. .AUGUST 22,

.Mr. McMILLIN. I move. tha.t the House do now adjourn. - The PRESIDENT pro. tempure. The bill will be placed on the Cal· The question was taken; and there were-ayes 38, noes 16. endar, with the adverse report of the committee. _ The motion was agreed to; &nd the House accordingly, at 4 o'clock Mr. SPOONER, from the Committee on Claims, to whom was referred and 59 m,inutes p. m., adjourned. the bill (H. R. 2601) for the relief of the Baptist Female College, of Lexington, Mo., reported it without amendment, and submitted a l'e­ PRIVATE BILLS Th""TRODUCED .AND REFERRED. port thereon. Under the rule private bills of the following titles were introduced He also, from the Committee on Public Buildings and Grounds, to and referred as indicated below: whom was referred the bill (S. 3431) for the erection of a public builU- J By Mr. CONGER: A bill (H. R. 11243) granting a pension to Mary ing at the city of Kalamazoo, Mich., reported it without amendment. E. McQueen:-to the Committee on Invalid Pensions. 1\'II. DAVIS. I amdirected by theCommitteeonPensions, to whom By Mr. FORD: A bill (H. R. 11244) for the relief of Charles W. was referred the bill (S. 3423) granting a pension to Irene Rucker Rose-to the Committee on Invalid Pensions. Sheridan, widowofGener:alP. H. Sheridan, toreportitwithanamend­ By Mr. LEE (by request): A bill (H. R. 11245) for the relief of Sal­ ment in the nature of a substitute. I desire to give notice that at au lie Hardmond-to the Committee on War Claims. early date I shall call the matter up for consideration. By Mr. MATf?ON: A bill (H. R. 11246) granting a pension to Eliza­ The PRESIDENT pro tempore. The bill will be placed on the Cal­ beth Bennett-to the Committee on Invalid Pensions. endar. Also, a bill (H. R.l1247) granting a pension to Philura Tappan-to Mr. WILSON, of Maryland, from the Committee on Claims, to the Committee on Invalid Pensions. whom was referred the bill (S. 1278) for the relief of James A. Ter­ · By 1\Ir. STONE, of Kentucky: A bill (H. R. 11248) for the relief of rell, reported it with an amendment, and submitted a report thereon. E. B. Carter-to the Committee on War Claims. · Mr. STEWART, from the Committee on CJaims, to whom was re­ ferred the bill (S. 2441) to refund illegal internal-revenue tax collected of James R. Berry, as late auditor of the State of Arkansas, reported / PETI~ :ETC. it with an amendment, and submitted a report thereon. ..J / "The following petitions and papers were laid on the Clerk's d_esk, Mr. TURPIE, from the Committee on Pensions, to whom was recom­ under the rule, and referred as follows: , mitted the bill (S. 3276) granting restoration of pension to Sarah A. By Mr. CRAIN: Petition of citizens of Galveston, Tex., praying Woodbridge, reported it without amendment, and submitted a report that the terms of the Federal courts at that place may not be abridged thereon. by act of Congress-to the Committee ori the Judiciary. RELATIONS WITH CAN ADA. By Mr. McCREARY: Papers in the case of Mrs. Martha A. Bibb, of Danville, Ky., for relief-to the Committee on War Claims. 11-lr. SHERMAN. I present a report from the Committee on For- By Mr. O'DONNELL: Joint resolution providing for the payment eign Relations, which I ask to have read. o the claim of John H. Hamlin-to the Committee on Military Affairs. The PRESIDENT pro tempore. The report will be read. By Mr. J. J. O'~EILL: Memol'ial of the St. Louis Typographical The' Chief Clerk read as follows: Union No.8, in favor oft~e Chace international-copyright bill-to the Mr. SHERMAN, from the Corhmittee on Foreign Relations, submitted the fol­ lowing report, t-o accompany the resolution of the Senate of February 8,1888, Committee on Patents. , directing the committee to prepare certain information in regard to Canada: By Mr. RICHARDSON: Papers in the case of the Presbyterian '£he Committee on Foreign Relations, to which was referred the resolution of church of Murfreesborough, Tenn., for payment of war claim-fo the ~he Senate of. February 8,1~88, _begs leave torc;port that it has been proceeding m the executiOn of the duties unposed upon It and .has accumulated a consid­ "'Committee on· War Claims. erable mass of information, a large part of which was compiled by Henry V. Poor; that the Renate having since committed the same subject to a select com­ mittee, this committee asks that it may be discharged from the further execu­ tion of the aforesaid order of the Senate, and it returns with this report the docu- SENATE. ments and papers referred to. · WEDNESDAY, August 22, 1888. Mr. SHERMAN. I submit the motion stated in thereport, to refer the information I send to the desktotheselect committee of which the The Senate met at 11 o'clock a. m. Senator from :Massachusetts [Mr. HoAR] is chairman. Prayer by Rev. A. W. PITZER, D. D., of the city o'fWashington. The PRESIDENT pro tempore. It will be so ordered if the1•e be no The Journal of yesterday's proceedings was read and approved. objection. PETITIONS AND MEMORIALS. Mr. EDMUNDS. And the Committee on Foreign Relations will be li'II. DAVIS presented a petition of citizens of Ramsey County, Min­ discharged. nesota, praying for certain amendments to the interstate-commerce The PRESIDENT pm tempore. TheCommitteemiForeignRelations law; which was referred to the Committee on Interstate Commerce. will be discharged from the further consideration of the subject. , He also presented a petition of citizens of Fergus Falls, Minn., pray­ GEORGE F. l:UDER. ing for the passage of House bill 9234, for the relief of William Gaffer Mr. FAULKNER, from the Committee on Claims, reported the fol­ and others; which was referred to the Committee on Public Lands. lowing resolution; which was considerecl by unanimous consent, and Ur. CALL presented a petition..of citizens of Tampa and other places agreed to: in Hillsborough County, Florida, and a petition of the Tampa (Fla.) Resolved, That the bill (S. 4LO) entitled " A bill for the il'elief of Geor~ F. Board of Trade, praying for the passage of a bill appropriating $200,- Rider," now pending in the Senate, together with all of the accompanying pa- · 000 for the purpose of protecting the country against the spread of pers, be, a~d. the same is hereby, referred to the Court of Claims, in pursuance of the proVISwns of an act approved l\iarch 3, 1883, and an act entitled "An act yellow fever; which were ordered to lie on the table. toprovidetorthebringingofsuitsagainsttheGovernmentoftheUnitedStates," REPORTS OF CO:\Il\llTTEES. approved March 3, 1887, to find and report to the Senate the facts bearing upon the merits of the claim, including the loyalty of tbe clai ut and all other facts M:r. FAULKNER, from the Committee on Claims, to whom was re­ contemplated by the provisions of said act. ferred the bill (R. R. 2696) for the relief of John J. Crooke, reported it without amendment, .and submitted a report thereon. LA ABRA SILVER MINING COUP.ANY. Mr. SAWYER, from the Committee on Pensions, to whom was re­ 1\IL 1\fORG.A.N, from the Committee on Foreign Relations, reported ferred the bill (S. 3448) granting a pension to Charles H. Green, sub­ the following resolutions; which were referred to the Committee to mitted an adverse report·thereon; which was agreed to, and the bill .Audit and Control the Contingent Expenses of the Senate: wns postponed indefinitely. Resol1:ed, That the Committee on Foreign Relations h. velen.ve to require the , Mr. DOLPH. I am directecl by the Committee on Public Lands, to attendance of witnesses hefore said committee or a subcommittee thereof to give evidence under oath resoecting the claim of La Abrn. Silver 1\Iinin~ Com­ whom was referred the veto message of the President on the bill (S. pany agaiUEt the Government of Mexico; and said committee or subcommittee 1870) granting certain lands in Pierce County; Washington Territory, shall have power to administer oaths to such witnesses; :l.lld the expenses of their attendance and other necessary expenses in the execution of this order to the city of Tacoma, for the purposes of a public park, to report the shall be paid out of the funds appropriated for the contingent expenses of the message back with a recommendation that the bill be passed over the Senate, on certificates issued by the chairman of said committee or said sub­ President's veto. I desire to state that this report is the report of the committee. Resolred, 2. That counsel for or against said claimants shall be authorized to majority of the committee, and that the minority do not concur in the appear before said committee or subcommittee a:nd examine nud cross-examine report, but I understand do not propose to submit a formal minority any witnesses under the authority ofthisre olution. report. • The PRESIDENT pro .tempo1·e. Does the Senator from Oregon de­ DILLS I.NTRODuC:E.Q. sire to ha.\e the report now acted npon? 1!-fr. VEST introduced a bill (S. 3474) amendatory of an act "au­ Mr. EDMUNDS. It had better go on the Calendar. thorizing the construction of a bridge O\er the 1Ii:· i ippi Ri•er at St. The PRESID&~T pro tcmp orr. The bill with the message will be Louis, Mo.," approved February 3, JR87;-which was re.'ld twice~yits placed on the Calendar. title, and referred to the Committee n Commerce. 1\Ir. DOLPII. I am instructed by the Committee on Foreign Rela­ Mr. DOLPH introduced a bill ("'· 3475) grantin-g the u. c of certain tions, to whom was referred the bill (S. 1686) for the relief of George lands 1n Pierce County, Wa~hington Territory, to t.be city of Tacom:J, - S. Fisher, to ubm]t au ad>erse report thereon. In the absence of the for the purposes of a public park; which wa read twice by lts title, Senator from Nebra ka [Ur. MJ.SDERSON], who introduced the bill, I and referred to the Committee on Public Lands. ask that it be placed on th~ Ca.lendar. Mr. REAGAN. Some days ago I introduced a bill,. deuniug trust~ 1888. CONGRESSIONAL -RECORD--SENA-TE~ 7803 and providing for the punishment of those connected with them. I by which I hope the Senator from Ohio will suspend the operation of

found on examination that it needed amendment, and instead ofamend­ the sinking-fund law1 which he, against the will ·Of many -of his .associ· ing it I propose to introduce a substitute bill on the subject with an ates, imposed upon the country. _ additional section relating to the jurisdiction of the United Stat-es courts. The P .RESIDENT pro tempore. The proposed amendment, which The former bill was referred to the Committee on Finanee on account has been referred to the Committee on Finance, is now offered as a bill. of some previous reference to that.committee. I should like very much, , The bill will be read the first time at length, if there be no objection. inasmuch as the bill I now introduce contains a new secti-on relating to Mr. TELLER. I rise to inquire if this question is a proper subject the jurisdiction of United States courlli, that it should go to the Com­ of debate now ? mittee on the Judiciary, and I shall move that it be so referred. The PRESIDENT pro tempore. It is not. The bill bas not yet been The bill (S. 3476) to define trusts and to provide ibr the punishment read the first time. of persons connected with them or carrying them on, .and for other pur­ J!Jlr. BECK. I hope it is. I should like to have it debated. poses, was read twice by its title, and referred to the Committee on the , Mr. TELLER. If it is, I propose to t.ake a hand -in the debate. Judiciary. Mr. BECK. !should begladofit. I should like to hear somebody Mr. S.A. WYER introduced a bill (S. 3477) granting a pension to Mi­ der.y what I have said. nerva Griffith; which was read twice by its title, and referred to the Mr. TELLER. I think we can show that there would h.1.ve been no Committee on Pensions. purchase of bonds at all if this Adminjstration had not been compelled THE SINKING FUND. by law to purchase them. ~lr. BECK. It is one thing to have a surplus.with whlcli to buy, Mr.· BECK. I desire to offer an am~ndment to House bill 9051, and another to be required by law, whether yon have a surplus or not, which is the Honse tariff bill) and I ask that it be referred t-o the Com­ to keep up taxation :tor the purpose of compelling the Government t o mittee on Finance. buy .the bonds at any premium combinations may demand. That is The PRESIDENT pro tempore. The amendment will be read. what is done now. The Chief Clerk read as follows: Mr. TELLER. There never would have been a doll.ar of bonds SEc.-. That alll'l.ws or parts of laws requiring the maintenance of a. sink­ bought if the Administration bad not been compelled to do S'O by Jaw. ing fllnd or the purchase of any of the outstanding bonds or obligations of the United States for that purposf} be, and t.he same are hereby, suspended until the 1\lr. SHERMAN. I should like to 1..rnow what this is about. furtlJer order of Congress. The PRESIDENT pro tempore. The bill will be read the first time Mr. BECK. I ask that the amendment be referred to the Commit­ at 1enth for information, and the Chair will then submit the question tee on Finance. whether it shall be read the second time. • The PRESIDENT- pro tem,pore. It will be referred to the Commit­ The bill (S. 3478) to repeal the laws relating to the sin1.-ing fund tee on Finance, and printed. was read the first time at· length, as follows: ' :Mr. BECK. I offer the following bill on the same subject, bcing a Be it enacted, etc., That all laws and parts onaws requiring the fnrther main­ tenance of a sinking fund or the purchase of bonds of the United States fox that bill to repeal all laws requiring the further maintenance of a sinking purpose be, and the same are hereby, repealed. fund; it is very short: Mr. BECK. Tha.t is all of it. Be it enacled by the Senate and House of E epresenta.tives .of the United Slates of .Anurica in Oongress asse:m.bled, That all laws and parts of laws requiring the The PRESIDENT pro tempm·e. The bill having been rea.d the first further maintenance of a sinking fund or the purchase of bonds of the United time, is there objection to its second rea.ding? States for that purpose be, and the same are hereby, repealed. Mr. SHERMAN. I think it would be better to have it read the I ask that the bill may lie on the table, so that I can .see what be­ second time and take the usual course, unless the Senator from Ken- comes of the amendment I have sent to the Finance Committee. tucky wants to make another speech on it. · The condition of things is this, as 'r see by the papers this rooming: The bill :was read the second time by its title. The premium on the 4 p.er cent. bonds we are purchasing has gone up · Mr. BECK. I have already referred a. similar amendment to the in the last five months from 124.} to 129, and the four-and-a-halfs, tariff bill to the Finance Committee, and I propose that this bill shall which have less than three years to run, have gone up from 106 to remain on the table so as to see what becomes of the amendment I have lOS~. The meaning of that is that we refuse to reduce taxation and sent to the Finance Committee. have so arranged our laws that we .are obliged to keep up the taxes, The PRESIDENT pro tempore. It is so ordered, the bill having been $50,000,000 a year more than the needs of the Government require, ·to read twice. provide a sinking fund, which now calls for $50,000,000 a year and Mr. BECK. Then I can call it up. increases annually, when we have already bought and canceled from AMENDMENT TO A BILL. the principal of our indebtedness over $700,000,000 of bonds-more Mr. DOLPH submitted an amendment intended to be proposed by t:b.an anybody pretends the sinking fund calls for, which is only 1 per him to the bill (H. R. 10112) granting to the Dnluth and Winnipeg cent. a year-and when we have only a fraction over $200,000,000 that Railway Company tlle right of way through the Fond duLac Indi.an we can by any possibility buy before 1907 without paying whatever reservation, in the State of Minnesota; which was ordered to be printed. premium the holders of the bonds ask. We have enough idle money lying in the Treasury to--day to pay off now every one of the 4t per HOUR OF MEETING. cent. bonds of 1891 without any embarrassment to the Government. Mr. EDMUNDS. I offer the following resolution, and ask for its Of course all the 3 per cents. have been paid off long ago. present consideration: The pretended requirement of the sinking fund, so ca.lled, which has ResoLved, That hereafter, and until othenvise ordered, the d aHy sessions of the been a fraud for the last ten years, is kept up simply to maintain high Senate shall commence at 12 o'clock meridian. and needless taxation. I have tried time and again to have it repealed The PRESIDENT pro tempore. Is there objection to the Rresent con.: so as to enable us to bring taxes down. The sinking fund is not only side:ration of the resolution? - encouraging trusts and combinations of bondholders to increase the lifr. SHErurAN. I think it had better go over until to-morrow, in premium on our bonds, but our outstanding indebtedness is in such a the absence of the chairman of the Committee on Appropriations. condition now that I can name ten men in the United Stat-es who by Personally I have no objection to it myseU: combinations can purchase all our outstanding bonds and hold them, ~ The PRE~SIDENT jJro tempm·e. The resolution will lie over under and under the law as it now sta;nds force the Secretary of the Treasury the rule and be printed. under our laws to pay $200,000,000 for every $100,000,000ofbonds he Mr. HOAR. I offered thereso1ution for meeting at 11 o'clock, the · obtains from them, and he is compelled by law to buy annually over adoption of which has enabled the Senate to accomplish a good deal of $50,000,000 of them even if he pays 100 per cent. premium. _ business,andiamnowquitecontentedtoagreetothepresentproposition I insist that the sinking fund now is maintained for no other purpose of the Senator from Vermont, but I should like to suggest to my hon­ than to put money in the pockets of the bondholders and to enable orable friend from Vermont that he so frame the resolution that we them to combine together, as the Secretary of the Treasury is com­ may change the hour of meeting towards the clQie of the session, if a pelled to· buy bonds under the laws as they now stand at any prices majority of the Senate desire to do so, without the point of order stand­ they ask. They have already advanced 5 per cent. They will advance ing over the resolution to do it for a day. It is quite convenient near these premiums 25 or 50 per cent. within a year unless we repeal the the .close of a session sometimes to make that change, and if when the sinking-fund laws. resolution comes up to-morrow he will so modify it that it will enable It is an outrage on the tax-payers of the country and an outrage on the Senate at anytime any day to fiX the time of meeting on the next decent legislation to maintain the sinking-fund laws any longer. I day at 11 o'clock, I should think it would be better. want the bill I have offered kept on the table until I see whether the l\lr. EDMUNDS. ·That would be a change of the standing rule, and Finance Committee will not agree to suspend the operation pf these it would be difficult to accomplish it; but it can always be accom­ laws, which I insist are now kept on the:3tatute-books simply to enrich plished, if anybody objects, by a simple motion to adjourn to a. given a few men of wealth at the expense of the tax-payers of the country. hour the next day. - • -.../ · · If they fail to report the amendment., I .shall urge the Senate to pass the Jilr. HO.A.R. That requires a quorum. bill. Mr. EDMUNDS. So does a resolution. Mr. SHERMAN. What is it? Is it a resolution? The PRESIDENT pro tempore. The resolution lies over. .Mr. BECK. No, sir; I have offered an amendment to. the tariff bill .1\ir. HOAR subsequently said. : I desire to-moiTowmorning, when the • 7804 OONGR.ESSIONAL RECORD-SENATE. AUGUST 22; • resolution of the Senator from Vermont [M:r. ED.;lfUNDS] comes up in has been on the table for some time. I desire the information which rega,rd to the time of meeting, to move an amendment to it. I ask it is designed to elicit, and I desire it at as early a date as poosible. If leave to offer the amendment now and have it printed. It is not neces- it consumes much time, I will say to the Senator from Florida that I .sary to have it read. - shall not want to antagonize his measure. The PRESIDENT pro tempm·e. The amendment will be printed if The PRESIDENT pro tempore. Strictly speaking, the morning busi­ there be no objection. ness being concluded, the Calendar under Rule VIII is in order. The The amendment is to add to the resolution the words: first bill under Ru1e VIII on the Calendar will be stated by titl-e. Unless n. majority of Senators present when the Senate shall adjourn shall The CHIEF CLE.RK. Order of Business 1944, a bill (S. 320) for the vote to adjourn to another hour. relief of John D . .Adams. DISTURBANCES IN CORE.A . The PRESIDENT pro temp01'e. This bill being in order, the Senatpr from Wisconsin moves that the Senate proceed to consider the resolu­ Mr.1tflTCHELL. Ioffera resolutiontoberead andorderedprinted. tion which has just been read. I desire to submit some ob ervations in connection with it before it is The motion was agreed to. referred to the Committee on Foreign Relations. I shall ask tbe cour­ The PRESIDEN'.r pro temp01·e. The resolution is before the Senate, tesy of the Senate to-morrow, immediately after the morning busi­ and the question recurs upon agreeing to the mme. ness, for about fifteen minutes, ~r that purpose. The resolution was agreed to. The P.RESIDENT pro tempore • . The resolution will be read. The resolution was read, as follows: LOU !SIAN .A ELECTIOY. .ResoltMd, That the Secretary of State be, and he is hereby, directed to trans­ :Mr. c_qANDLER. I move to postpone the consideration of the Calen­ mit to the Senate copies of all official correspondence between his Departm ent dar and to take up the resolution which I submitted on the 19th of July and the minist~r resident and consul-general of the United Stat~s at Seoul, Corea, and between the Department of State and the Corean envoy extraordi­ for an investigation of the Louisiana election. nary and minister plenipotentiary resident in Washington, occurring since Jan­ Mr. MORGAN. I inquire of the Senator from New Hampshire uary llast, including that relatin~ to the recent d isturbances and alle~ed mas­ . \ sacre of Coreans in the streets of Seoul, Corea, on or about June 20, 1888, and whether he wjshes to take up the resolution for action or merely for touching the causes inciting thereto, if any. the purpose of delivering some remarks? Mr. COCKRELL. Let the resolution lie over. Mr. CHANDLER. F or the purpose of making some remarks thereon, The PRESIDENT pro tempore. The resolution will lie ou the table but not with the intention of asking a vote to-day if any Senator desires and be printed. to speak or desires that the resolution shall go over. Mr. SHER:M.AN. I wicsb to enter a motion to refer the resolution The PRESIDENT pro tempore. The Senator from New Hampshire to the Committee on Foreign Relations. moves that the Senate proceed to the consideration of the resolution to Mr. MITCHELL. :Mr. President-- which be bus referred. Mr. SHERMAN. I do not ask that the motion be acted on now, Mr. CA.LL. !appeal totheSenatorfromNewHampshireto yield-­ but if I should be absent when it comes up I wish to have it peuding. Mr. W ALTH.A.LL. I desire to call the attention of the Senator 1tlr. :MITCHELL. If the chairman of the Committee on Foreign from New Hampshire to the fact that both the Senators from Loui­ Relations had heard what I said when I offered the resolution, his sug­ siana are absent on account of sickness. The senior Senator from gestion would have been unnecessary. In submitting the resolution Lonisiana [Mr. GiBsoN] has been confined to his bed for three or four I stated that before I should move its reference to the Committee ou days and the junior Senator from Louisiana [Mr. EusTIS] bas been Foreign Relations I desired to submit a few observations. absent from the Chamber and from the city fo1· se•eral weeks under Mr. SHERMAN. I have no objection to that; but the form of the the injunction of his physician, as I know. resolution being out of the ordinary course, I did not like to have it Mr. C.A.LL. 1\Ir. President-- acted upon without a motion pending to refer. - Mr. CHA.NDLER. I will yield to the Senator from Florida in a ~Ir. MITCHELL. It is my intention to move, myself, to refer the moment. My attention ltas been called to the fact that both the Sen­ resolution to the Committee on Foreign Relations. ators from Louisiana are absent. The junior Senator from Louisiana Mr. SHERMAN. .All right. [Mr. EusTIS] has been absent for along period of time and, I am in­ The PRESIDENT pro tempore. The resolution will lie ou the table, formed, does not expect to return during the session. ancl be printed. This subject has been postponed from time to time by arrangement between myself and the senior Senator from Louisiana [Mr. GIBSON] ACCOUNTS OF SUPERVISORS OF ELECTIONS. until such a period that H is impossible for me, without great incon­ :Mr. SPOONER. Some time since I introduced a resolution calling venience, to postpone it any longer. I therefore sent word to the Sen­ upon tbe Treasury Department for copies of correspondence between ator from Louisiana [:Mr. GIBSON j that I desired to go on with my re­ the First Comptroller of the Treasury and certain other governmental marks, which are in no direct sense personal either to himself or to officers, and the commisSioners and chief supervisors of elections. The the junior Senator from Louisiana, 0 iving him a full opportunity to resolution was laid over, I believe, because of the absence of the Senator reply at his earliest convenience. from .Alabama [Mr. PUGH], who had suggested a desire to offer an Mr. W .A.LTHALL. I desire to say that so far as the junior Senator amendment to it. I ask that the resolution be laid before the Senate from Louisiana [Mr. E uSTIS] is concerned, I know it is his purpose to at this time, and considered now. . return to the Senate ao; soon as he is able to do so. The PRESIDENT pro tempore. The resolution will be read. Mr. CHANDLER. I did not mean to say that the junior Senator The Chief Clerk read the resolution submitted by Mr. SPOONER June from Louisiana did not desire to return, but that I had been informed · 4, 1888, as follows: that his health was such that in all probability he would not be able .Resolved, That the Secretary of the Treasury be, and he is hereby, direct~d to to return. Undoubtedly he desires to come here if he can. I now transmit t.o the Senate copies of all correspondence, statements of accounts, and yield to the Senator from Florida. inclosures which, during the incumbency of the omce of First Comptroller of Mr. CALL. I appeal to the Senator from New Hampshire to with­ the Treasury by the present occupant, such officer or his deputy has had with any United States commissioner, or any chief supervisor of elections, and of all draw that motion, and I appeal to the Senate to allow the joint reso­ replies thereto received by said First Comptroller; and also to inform the Sen­ lution reported by the Committee on Epidemic Diseases to b-e consid­ ate whether the several supervisors of elections appointed by the respective cir­ ered at the present moment. cuit courts at and for the election of 1886, at which R-epresentatives in CongreM were chosen, or for any registration held prior thereto and for said election, The PRESIDENT pro temp01·e. The Chair would remind Senaoors were paid for the respective number of days, not exceeding ten, for which their that under th~ ru1es the question of proceeding to the consideration of accounts were presented, and if such payments were not made the reasons any subject during the morning bcnr is not open to debate. therefor, and for what number of days they were not allowed and paid; and also to transmit to the Senate copies of all correspondence upon such subject­ Mr. CALL. I ask unanimous consent to proceed. matter l:.a-d between the First Comptroller of the Treasury and the Attorney­ The PRESIDENT pro temp01'e. The Chair bean! no objection to the General or any United States marDhal. Senator from Florida proceeding. The PRESIDEN'.P pro tempore. If there be no further morning busi­ Mr. CALL. I wish oo say to the Senator and to the Senate that this ness, the Senator from Wisconsin moves that the Senate proceed to the is a matter of humanity. The necessity for some action on the part consideration of the resolution which has been read. of Congre3S with reference to the epidemic which is beginning to get Mr. EVARTS. If the morning business is over, I will ask permis­ bold of the Southern States is a pressing emergency, one of the great­ sion to call up the resolution covering the gift of the bust of Garibaldi est importance to the count.ry at large; and as a matter of humanity to the United States, of which I gave notice. I appeal to the Senator and the Senat-e to let its consideration be had The PRESIDENT pro tempore. The Chair can not entertain that at the present time. motion at this time, a previous motion having b-een made by the Sen­ :Mr. CHANDLER. If the resolution which I have moved shall be ator from Wisconsin. taken up and be before the Senate, I will yield to the Senator, pro­ Mr. C.A.LL. I ask the Senator from Wisconsin to withdraw his mo­ vided the Senator from Tennessee [:Mr. HARRIS] be present; but I do tion so as to allow me to move to take up the joint resolution reported not think the subject which the Senator from Florida wishes to take from the Committee on Epidemic Diseases yesterday morning, propos­ up ought to be considered in the absence of the chairman of the Com­ ing an appropriation to be expended in the suppression of yellow fever mittee en Epidemic Diseases. in the South. M:r. CA.LL. I ask unanimous consent further to say that the Sena­ Mr. SPOONER. I think this resolution will not take much time. tor from Te~e."lSee is somewhere about the building. He bas had no· I very much prefer that it sbou1d be passed upon by the Senate. It tice of this application, and this dreadful disease does not stay its rav- • 1888. CONGRESSIONAL RECORD-SENATE~ . 7805 .

ages because the ~enator may or may not be here. I have no doubt . Mr. SPOONER.. I should like to inquire of the Senator simply he is within the building somewhere. . whether there is any report of the Treasury Department indica~ing :M:r. CHANDLER. If my resolution is taken up, I will yield to the that this appropriation is necessary ? · Senator from Florida. . Mr. CALL. There is n. letter from the Surgeon-General of the Ma­ The PRESIDENT pro tempore. The question recurs upon the mo­ rine Hospital Service which accompanied the).-esolution that I offered tion of the Senator from New Hampshire that the Senate do now pro­ ~a - ceed to the consideration of the resolution which has been referred to, Mr. HARRIS. I sent a letter of inquiry to the Secretary of the touching the election in Louisiana. The question is on that motion. Treasury on the question the Senator from Wisconsin raises, and if the The motion was agreed to. Senator from Florida will yield for the purpose I will· send it to the Mr. CALL. Mr. President- Secretary's desk and let it be read. . ~Ir. CHANDLE~. Before the Senator from Florida proceeds I de­ The PRESIDENT pro tempore. It will be read, if there be no objec­ sire to say that I am very glad to yield to him, as I now see the Sena­ tion. tor from Tennessee is in his seat; and I have also agreed to yield to The Chief Clerk read as follows: the Senator from New York [Mr. EVARTS], in order that he may sub­ TREASURY DEPARTMENT, Washington, ..A..ugu.st 15,1888. mit some remarks in connection with the reception of the Garibaldi SIR: Referring to your letter of the 13th instant, requesting information a.s to statue. After that I shall not be willing to consent to yield for any the balance of money remaining unexpended from the appropriation for pre­ other subject. · venting the spre!ld of epidemic diseases, I have to inform you that, in round numbers, there is about $150,000 remaining of this appropriation. PERSONAL EXPLANATION. You further inquire whether this unexpended balance is sufficient. I ~ave Mr. VOORHEES. Mr. President, I do not propose to participate in to say that at present it is impossible for any one to forecast the necessities of the present season. '.rhe amount of money is undoubtedly sufficient if the fever any debate about yellow fever or State rights, but to refer to a matter should not extend beyond the limits of Florida., within which State it is hoped pertaining to myself, which is called to my attention. it may now be confined. The measures taken, owing to the establishment of I see that the Associated Press saw fit announce and spread it all fumigation stations, the employment of guards, physicians, and other employes, to will probably require the expenditure of $30,000 within the State. As to the over the United Si;ates that I was absent and not voting yesterday on amount required for the destruction of property which can not successfully be the fisheries treaty. It is not a matter of very great consequence so far fumigated, no estimate can be given at this time. Respectfully, yours, as the treaty itself is concerned, but for the truth of history I desire to C. S. FAIRCHILD, Secretary. say that the announcement was made by the Senator from Missouri right Hon. ISHAM G. HARRIS. in front of me [Mr. CoCKRELL] that I was paired with the Senator from United States SenaU. Chairman Committee on Epidemie Diseases. Vermont [Mr. MORRILL]. The agent of the Associated Press-! pre­ Mr. CALL. In addition to that I will state to the Senator from sume he was in his seat-was within 10 feet of the Senator from Mis­ Wisconsin and to the Senate that there is a letter which was referred souri when that announcement was made, and it so appears in the REc­ to the Committee ori' Epidemic Diseases, which I suppose is amongst ORD; but that does not help anything, as nobody, reads the RECORD; but the papers from the Surgeon-General of the Marine-Hospital Service in people do read the Associated Press dispatches, so I want to correct the reply to a request which my colleague and I made of him that he · statement, and give the press a chance to correct it also. would ascertain how far this money might be used for all the purposes SUPPRESSION OF INFECTIOUS DISEASES. which, in his judgment, were necessary to suppress this contagions The PRESIDENT pro tempore. The Senator from Florida asks unan­ disease and prevent its spread into the other States, and for the de· imous consent that the pending order be informally laid aside to enable struction of property which was communicating the contagion and in­ him to move the consideration of a joint resolution the title of which fection, which he had recommended should be destroyed. His reply will be stated. . to that letter was as follows: The SECRETARY. A joint resolution (S. R. 102) appropriating $200,- TREASURY DEPARTMENT, OFFICE SUPERVISING SURGEON·GENERAL, 000 to suppre8s infection in the interstate commerce of the United UNITED STATES lUARINE-HOSPITA.L SERVICE. · Statee. Washington, August 9, 1888. No objection being made, the Senate, aa in Committee of the Whole, SIR: Referring to our conversation of this morning, I have called at the De: proceeded to consider the joint resolution. pa.rtment and conferred with Assistant Secretary Maynard in regard to the matter, and have to say th~t the Dep9:rtment is of o~inion that no e_xisting law . The joint resolution was reported from the Committee on Epidemic will authorize the destructiOn of any mfected house m a. State, but if Congress Diseaseswith an amendment, to strike out all after the enacting claus~ should make an appropriation to reimburse the State of Florida, or the indi­ and insert: vidual owner, for the destruction of any house deemed infected, so that disin­ fection could not be effectively performed, there would be no objection to the That in addition to the unexpended balance of the contingent fund heretofore officers of this service acting as appraisers to determine the value of the prop- - appropriated, the sum of $200,000 be, and the same is hereby, appropriated, out erty and superintend such destruction. It would probably be necessary for of any money in the Treasury not otherwise appropriated, to be immediately the governor of the Sta te to give the order for the destruction of any property. available, to be expended in the discretion of the President of the United States in An order for the destruction of bedding and clothing infected beyond effecti\Te aid of State or municipal boards of health, or o therwise, to prevent t·he intro­ fumigation h as this day been gh·en. duction of cholera or yellow. fever into the United States from foreign countries, Respectfully, yours, or into one State or Territory from another. JOHN B. HAMILTON~ The PRESIDENT pro tempore. The question is on agreeing to the Supervising Surgeon-Genera£ M. H. S. Hon. WILKIYSON CALL, nmendment. UnUed Slates Senate. Mr. CALL. The only difference of any importance between the joint resolution which I introduced and the one reported by the committee That was the response ~hich the Surgeon-General received to this is in the omission of the words: application to know whether under the law as it now exists and, as the To seize and destroy, under conditions and regulations to be prescribed by report of the committee allows it to cqntinue, in the discretion of the the Secretary of the Treasury, any infected personal or other property which is Surgeon-General of the Marine Hospital Service the money ·could be communicating infection and disease in the interstate commerce, and such con­ used to pay for contagious or infectious clothing, bedding, or wooden demned property shall be paid for out of .the money herein appropriated. houses which were in such juxtaposition to the tide of travel as to com.. I desire these words to be contained in the resolution or law that municate infection and contagion to it. · shall be passed. The words used by the committee, "in the discretion ~Ir. President, that is the whole question. Shall we define and make of the President," are quite as broad as these are. Certainly, unless clear so that there will be no trouble in regard to it, the law so as to there be some objection in the invasion of the power of the States, the auth~rize to the extent of the appropriation, in the discretion of the discretion of the President would be under the terms used by the com­ executive officers of the Government, the money to be applied to pay­ mittee as broad as in this definition and prescription of the duty to be ment for such clothing, such bedding: and such infected houses as are performed; but they are not so regarded_in the Treasury Department. communicating disease to the interstate commerce of the country as in Ifit be necessary, in order to prevent contagion and infection, to destroy their judgment may be absolutely necessary? the clothing and bedding of persons who have been in an infected lo­ There is no other method of preventing the spread of this destructive cality, the question remains in doubt whether or not itcan bepaidfor, and fatal disease or of extirpating it from the interstate commerce of and it is agreed by all persons that there is no other method of obtain­ the country except by the destruction of the clothing and bedding and ing the infected clothing except by a knowledgeofthe factthatitwill the houses in the immediate locality where it commences or finds a be paid for immediately. lodgment. This is theobjectofthis appr?priation. Why shall it not be Persons either before or after ta.king the trains and traveling through made plain and clear beyond all doubt? the country with baggage, With woolen clothing and articles which are I have here the law as it stands, and I am only asking in this reso· ascertained to communicate this infection, will not disclose it, will not lotion that the law as it stands shall be made plain and relieved of all produce it unless they can be paid for it, and it is believed in the city doubt. Let us see what it is. The act of June 2, 1879, is referred..to of Jacksonville, which is now threatened with an epidemic-but for in the later acts upon the subject. In the act of July 1, 1879, these the great purity of the atmosphere there, certainly there would be a words are contained: very tiltal and destrucbive epidemic which would spread to all the An,d the board of health shall have power, when they may deem it necessary, great cities-it is believed that it has been brought there by travelers with the consent and approval of the Secretary of the 1.'reasury,as a means of and others wearing and bringing their- baggage or clothing that had preventing the importation of contagious or infectious diseases into the United been exposed in infected localities elsewhere. States or into one State from another, to erect temporary quarantine buildings and u; acquire on behalf of the United States tiiJes to real estate for that pur­ 1\lr. SPOONER. 1-.Iay I ask the Senator from Floritla a question? pose, or.to rent ho~es, if there be any suitable, at such points ,and places as ar$ Mr. CALL. Certainly. named m such secnon. -

- • CONGRESSIONAL REOORD===SENATE. 7806 AUGUST 22, ...

That is the act of July 1, 1879; and the section referred to is the ~e disease. and thatsometimesitmaytotallyoerisb.a in all likelihood the an­ Cient oc~upants o~ the ruined cities in Central .America, have disappeared wtth­ third section of the act of June 2, 1879, and that section is: out leavrng any s1gn, other than their stupendous buildings, of their existence• . SEc. 3. That the .National Board ~f _Health shall co-operate with and, so far as T~e black death, as ou.r forefathers called it from the dark purple blotches 1t lawfully mny, rue, if we can authorize the Gi>vernment to buy the uninfected spread, involvin~ t~e existence of whole races of people shall be ig­ locality for the purpose of preventing the contagion, for refusincr or fail­ nored-whether 1t IS reasonable or unrea onable, whether it is wise or ing to de troy and pay for a house which is spreading the co~taaion ? natTOw and impracticable? But we have here the precedents the ex- 1'111-. President, I wish to impress upon the Senate, and for my~lf to, ample, the authority. ' a>ow my support of a public policy which requires that the power of The Surgeon-General ofthe Iarine Hqspital Service bas declared that the Government to wrestle with this question of epidemic disease shall the destruction of infected houses where this disease exists in some cases is an absolute necessity for preventing the spread of the disease. be ~xercised, and_ that it shall be brought to the point clearly and un­ He has declared what is obviously true and what bas now become a eqm ,~a,lly ?f domg what has already been made the law in respect to the arumal mdnstry of the country, and that the contaci.on shall be recognized fact in sanitary science, that the woolen clothing which is arres ~e~, if necessary, by the purchase and d~struction of p;operty w b er­ exposed in an. inf~cted locality will carry for months or years, until a eTer It 1s necessary to prevent the destruction of human life. favorable combmatwn of atmospheric forces occurs the cause whatever it is, of this disease, and therefore the necessity the destruction of Mr. Pr~ident, I wish the Senate to understand the ma!mitude of this ~f danger which is threatening the country; which is n~t less, but is such clothing or such houses. What I ask is that this law shall be made definite and clear and if greater, than if an arme~ force were invading the country from the shores ef the-Gulf of l\Iex1co. I affirm that the proposition is true be­ t~ere be a buil~g which is declared by competent sanitary ~utbori­ yond all question, whether in respect of property or the prot-ection ot tles who represent the Government under regulations to be prescribed by the Seeretary of the Treasury that can not be so fumigated :md the lives of the people of ~be United States, an epidemic of this, the cleansed and disinfected~ to deprive it of its death-giving property, most fa~al, the most co~tagtOus, the mo~t dreadful in many of its forms, that they sh~ll be autbonzed to burn it, and, if so: to pay for it, the of all diSeases known, IS more threatenmg to .us than any organization of armed force which could assail the country. State authonty and laws consenting and co-operating. The only ques­ To show the possible e>entnalities in our great towns and cities ot tion is whether the State of Florida, or the State of South Carolina, or this disease which is now obt.aining a foothold in the most salubrious th~ State of~ew Yor~, or-some other State in which this disease may. the most healthy, and the purest atmosphere in the world, to show w bat exiSt should mcur th1sexpense. I reply in regard to that that it would be entirely reasonable, so far as its local benefit extends, the State may be the result, a~ has been in former years in Savannah, in Charles­ ton, in Norfolk, in New Orleans, along the whole valley of the Missis­ sho~.ld pay it, and the cities should pay it, but in so far as it affects sippi, to present what may be the result of any negligence on the part the mterstate commerce of the country the General Government should of the authorities of the Government, of any ignorance and narrow pay its proportion of the expenses. views, of any defect in our laws, of any failure to do what is possible to Mr. SPOONER. Why should it oo paid for at all if it has become be done, I wish to read a few lines from a statement in reference to the so infect~ that, the public health and the public interests require its character which this epidemic has assumed elsewhere and which it may destruction, any more than you would pay for a building which it be­ assume in this country. From the consular reports made to the State comes necessary for the fire department to pull down and destroy to Department, which will be found on file there, I quote the following: prevent the spread of fire? Mr. CALL. I will answer the question. • Why shall you compen­ The T"omito appeared at San Bias, an island on the Pacific coast of Mexico after the absence of a century. The town had 3, 000 inhabitants. One-third of sate :;t.ny man for his private property ta.ken for public u e? those who remained died, says the American consul in his report of March of :Mr. SPOONER. But the Supreme Court of the United States has this year. So violent was the disease that in a large percentage of cases death decided, ::md it would seem to need no decision, that property destroyed ?ccurred simult:m.eously with t?-e first warning ~~d while the person was feel­ rng well and lookmg comparatively well. Vomiting generally appeared simul­ in_ o~er to preve~ t the spread of ~e?tion is not '' taken for public use,'' taneously with the attack, and many are said to have choked to death. It par­ Withm the meanrngoftheConstitutwn, so as to require compensation. took m:ore of the na~u r~ of pyremia, a~d attacked the stomach as the objecti>e Mr. CALL. Is not the preservation of the lives of other people a part With more mahgn1tythan theord1naryblackvomit, butata.di:fferent staooe. ';l'be con~ul says he is constrained to beli~ve in the ge1·m theory, and that the public use? The man in the infected district can live in it with im­ rnoculatton may have been so fatal that bemg taken up at once into the circu­ pUDity, and his family who have become acclimated and whom the lation its effects operated precisely as any other deadly poison. fever can not hurt can live tliere with impunity, but other people in This is not unprecedented. The small-pox at different times bas the trains and in other places who may sit by the side of the man that d estroyed entire populations. One-fourth, I see in this report of the .has woolen clothing which has been in the yellow-fever locality may population was destroyed and the capital of Thibet in tli"e East was take the fever and die, while the man who owns and wears it escapes­ de erted fo! three years. w_e have the history of the terrible plague, it has no effect upon him. Now, in whose use is it that the clothing called the ''black plague/' m Europe in the 1rfiddle Ages, which de­ should be taken, the public or his? stroyed whole populations, whole nations, and which made a desert of Mr. . SPOONER. I would not have the Senator from Florida infer many of the most populous portions of the world. from my question that I am opposed to this appropriation. I am in Thorold Rogers, in his book on Work and Wages, says: favor of it. , 'I"ue black death .is alleged toha.vehadits origin in the center of China. in about 11fr~ CALL. I understand that. I wished to show the reason of it. !he yea.r 1333, and lS reported to have been accompanied by various phenomena, The taking of the property of the individual when it is not for his rn the earth and atmosphere, of a very novel and destructive character such indeed, as_~er~ noticed as long ago as in the plagues of .Athens and the :Simul: benefit, but for that of the public, is a taking for the public use. tan eo us '\-:tSitatiOns nt Rome or ·the mortality which prevailed in Northern Eu­ There is a reason of public policy which these officers urge in addi­ r?~enearthre~centuries.before.onr era,and at the terrible pe tilence which tion. They say that unless the poor man having little property, with " ~J1? tte d. tlj.e known world m the a~e of Justini~n. So, in lat~r tim.es, the cholera. and influenza were traced to particular spots m India or Chin., which had been per~aps but one suit of clothes, with but one bed, knows he will be paid desolated by earthquakes, as Justinian's plague was said to have had its ori!rln immediately upon the delivery of the articles, he will escape the law at Pelusium. " and not be where they can be taken from him, and if he does not his -Nearly every infectious or contagious disease which bas desolated mankind appears t-o have had its origin in the East and to have t ra,eled alonrr the nee t o wearing apparel can not be taken and leave him without clothing. Europe, alt~ough the yellow fever is said to be a product of the 'Vest. It is alleged Therefore some one must pay for it. \ ~hat. ~?e~ore 1t.reached the West the black death exhausted its lf in the place of In respect to this existing epidemic which now threatens this coun­ 1ts ong1n. Like most other plagues it was infinitely more destructive at the commencement of its career than after it had endured for a. time. • * * 'Ve try, and other places more than Florida, there has been no provision are told that it killed the strong * * * as with Asiatic cholera when it is in the laws of Florida because the existence of an epidemic there of most virulent; many of those attacked perished speedily, and before the disease yellow fever or of anything else has been heretofore unkno.wn, with had ~eve!oped itsmostchar_act~risticsymptoms Ita.ppea.rs, indeed.a.ndtheirn­ pres 10.n 1s. confirmed by sCientific research, that when some new infection or the exception of one or two localities. · With that exception the State contagiOn IS developed the whole population is speedily liable to the assaults of of Florida has been exempt from epidemics of every h."ind, and there- 1888. CONGRESSIONAL RECORD-SENATE.

fore there is neither money nor authority there now to meet this evil lated to suppress the dis~e, using this money to enforce those meas­ which is threatening the whole country with sorrow and death and will ures, and if th~ Senator's proposition be a sensible method of extirpat­ not admit of longer delay. ing the disease~ it is fall; to presume that so sensible a man as the Mr. President, Florida. is far in the South. It approaches in its President or the Secret-ary of tbe Treasury will resort to that method southernmost point the Island of Cuba, where the yellow fever is do­ to pay for these clothes and rags and old buildings, and proceed in that - mesticated, and from which it spreads to other portions of the world. way? It is tree that its wonderful purity of atmosphere and healthfulness of Mr: CALL. That is all very true; but if the Secretary enterL'tined clima.te have heretofore preserved Florida. from invasion by it to any that opinion, and if when the Surgeon-General went to him he had large extent except in a few localities, but the tide of tra el which said, ''I have that discretion, I will pay for that building, I will pay now comes constantly from Cllba through Floriila on to all, parts of the for those clothes, when it is proved tomethattheyarespreadingdeath United States, the more intimate commercial and social relations that in the country," I should not have introduced this resolution; but it have grown up since a line of steamers has been established, with their is beca.use the Surgeon-General, who is the head and source of the ex­ biweekly trips to Havana, is a cause for constant vigilance and. of con­ ecutive distribution of this fund, has said that he has consulted the stant danger not only to Florida but all the cities on the Atlantic sea­ Secretary, and has been advised that he does not so construe the law, board, and, since the experience of .Memphis, to the cities of the valley that I was forced to introduce this joint resolation. of the Mississippi and even of the Ohio. Therefore it is a question of 1\Ir. BLAIR. Then would it not seem to follow that neither the the greatest importance that whatever means may be successfully in­ President nor the Secretary of the Treasury nor the Sru·geon-General troduced anll used now to sappress this threatened epidemic before it considers the suggestion of the Senator a sensible one, and th!lt it is not . fastens its deadly grasp shall be used, and not only such measures as are necessary to resort to this method? ascertained and known, ·but those which are experimental a.nd prob­ .Mr. CALL. It is not my suggestion. I do not know anything about ably useful for that purpose. it. I have never expressed an opinion about it. I have never seen a I urge now upon the Senate that the discretion which these Jaws case of yellow fever in my life, and I do not desire to see one. It is the already give of buying property in all places where it can be used for suggestion of the Surgeon-General of the Marine-Hospital Service, and the prevention of thi'3 epidemic and·its spread from one State to another he says in this letter that he ha.s ordered a destruction of bedding and be so defined that the property when bought can be destroyed if it is clothing which were sources of contagion, and which were beyond the necessary to destroy it for that purpo~e, and that this express power reach of fumigation and disinfection. It is an ascertained proposition and discretion shall by law be vested in the President and his Secre­ in sanitary and quarantine science now, and re~onable if we may stop Ur. CALL. It does not. • the cattle plague that we may stop yellow fever; but I would ask the Mr. BLAl.H.. Then I do not see·that the Senator makes any propo­ Senator if his proposition contains any provision for quarantining the sition which will be of the slightest avail here. The Surgeon-General individual a.nd seizing the clothing and destroying it, whether he be says he has pointed out infected property tha.t ought to be destroyed willing or unwilling?· and he can not destroy it, and the Secretary of the Treasury and the l\1r. CALL. That is so. My amendment of course goes as far as the President say they have not the authority to do it, and they need au­ Federal authority can. It authorizes the payment when the property thority to do it. Now, why does the Senator not make a proposition . hn.s been seized in pursuance of State authority. that this property when it is evident that it is infected, may be seized Mr. BLAIR. I thought the Senator contemplated throwing out a and destroyed just as yon destroy a sick ox? bit of temptation to the infected person to produce his clothes or bring 1\Ir. CALL. The difficulty in the case, and I think I can have the in his old buildings and get his pay for them. Senator from New Hampshire see it, is that I am not asking for au­ 1\ir. CALL. That undoubtedly is true not only of this resolution thority to seize any property; I do not know that we have the power but of all other bills for the payment for either property or servic~s. to enter into a State manu forti and take a man's properLy for this pur­ Mr. BLAIR. It seems to me the Senator or somebodv should un­ pose or strip the clothing from his wife and children. dertake to make a law like that we have enacted to preventthespread Mr. BLAIR. Not even topreventthespreadofyellowfever all over of pleuro-pneumonia or cattle diseases, hog cholera, and all that sort or the whole country to kill the whole nation? thing. I do not see any reason why hnman life is not as properly en­ Mr. CALL. No; not even for this end. It is an open question, and . titled to protection, and why we may not as well pay out money, not­ there are points involved which it is not necessary to raise. Sufficient withstanding the doctrine of State rights, toprevent the spread of yel­ it is that there are many persons who do not think with the Senator, low fever all over thiS country as we may pay for cattle to prevent the and it is not neces.'3ary to exercise this power now, even ifit was 'clear general distribution of the cattle plague. But it does seem to me that that we possessed it. If you give the money, and give the President the Senator rather t,han by introducing a measurehe1·e, such as I think­ and the Secretary express and certain power to use it, ·there will be no his proposition is, to tempt people to come along with old clothes and need of power to compel any one to take it, and ifthere should be the all manner of old truck to get pay for it, should make a proposition State authority will furnish it. . which would give a chance to exercise some power on the part of the I am asking that the Secretary of the Treasury be authorized to pay nation, which is to pay the money, to quarantine and inspect, and to for the clothing and bedding which under proper regulations may take away from people then· clothes, their wearing-apparel, when there be ascertained to be causes of death, and that it may be clear that he is fair evidence that they are infected, and then pay for them. has the power and it is his duty in a proper case to apply the money Mr. CALL. I shall be very glad to accept any suggestion of amend­ for that purpose. That is all. The Secretary now says it is not clear. ment which will effect the purposes of this resolution. The President said he thought if there was any doubt about it that Mr. BLAIR. We have not the yellowfever in New Hampshire, but the law had better be made clear. And as these are the officers whose we will pay our share of the money if the Senator will produce the opinion will control the expenditure of the money and its payment, it is proper sort of la.w. necessary, if that is to be done, that it shall be made clear and beyond Mr. CALL. I thank the Senator for his suggestion, and I will very doubt. What sensible reason can Senatorsgiveforth.eirargumentand gladly accept any amendments which maybe offered byanyonewhich their Ilroposition that the law should be left obscure and uncertain~ I will protect the public and secnre the pTOperexpenditure of money ap­ confess I am amazed at this strange proposition of Senators and tho propriated to prevent or extirpate the disease, and also the proper ex­ zeal with which they urge it. To \Yhat end sha.ll the law be left un­ penditure of money in reference to cattle, and in reference to every certain? form in which money can be expended under appropriations. I sup­ .Mr. BLAIR. But the Senator's proposition, if he will pardon me,_ posed, that this was already sufficiently protected, first by the discre­ is simply this, as I ""1:1nderstand it: That when somebody comes along tion of the Secretary to establish the rules under which this money and says that he has got the yellow fever about him and wants pay for should be paid, so that the rags and old clothing which were sought the clothing he is wearing, this money may be used to pay for these • to be paid for should not be paid for unless it was proved that they old clothes and their destruction; but if he chooses to travel with the were full of contagion and death, and their destruction necessary to yellow fever on his person, wherever he pleases, in any State whatever, prevent the passage of contagion from one State into another. there is doubt of the power of the Government to seize his clofJ:ling, I think that is a duty and a discretion that may be intrusted to the whether in his possession or otherwise, t

\ he is liable to go upon the trains or public conveyances and where he cept to so regulate commerce as to prevent the infection of contagion probably will go upon them, and where clothing and baggage are about from foreign countries into this country or from one State into another. to ,be shipped, but are not yet in the interstate commerce, I think there That is the limitation; and it is for that purpose that moneys have is a region of doubt whether or not it can be seized; but be that as it been appropriated to aid State and municipal boards, and for no other may, I did not say that the President said he wanted power. When I purpose. applied to him with my colleague and the rest of the delegation from Mr. CALL. The Senator will allow me to say that I think I have Florida on this subject, in response to the request which I shall now said that every time I have said anything. Certainly that is true; but read, the President said he thought that if there was any doubt on the it does' not affect this argu:;nent in any respect whatever. Our sole au­ part of the Treasury Department, or in the law, whether t~e power ex­ thority is to prevent the infection from one State into another. Every­ isted of paying for this infected property, it had better be provided for body must understand tliat. But of }'\'hat import is that to this ques­ by an act of Congress; and I think his opinion is very clearly a correct tion? If the doing of a certain act, if tbe seizing of a man with baggage and sensible one, and l can not understand how any one can entertain infected before he takes the car within the limits of a State, if the burn­ a different opinion. ing of a. bouse which is breeding cholera in juxtaposition to a line of This resolution provides not "that a man coming along and saying travel, a highly contagions form of disease, within a State is necessary he has the yellow fever, or cholera, or any other disease, shall be paid to the prevention of it in interstate commerce, what concern doos that for his clothes, whether good or bad," but that when the board of medi­ have with the question that our only authority is to prevent the infec­ cal men charged with this duty under the l~w and under the regula­ tion of this disease from passing from one State to another if the burn­ tions of the Department shall say this man and his clothing will com­ ing of that house is necessary t{) do that thing? That is what I have municate in all probability this disease because of recent exposure to asserted, and I have said that in this law, I repeat again, which the it in an infected locality, and the public safety and the public health Senator from Tennessee was largely instrumenta\_ in framing, the au­ demand that this property shall be destroyed-when that safeguard has thority was given to buy that infected house or any other house in been carefully observed, then I say that the money ought to be paid express terms already; and shall it be said u: liaving bought it, it is upon the proof of those facts; and it is proper that the law should so producing death and contagion; having bought it for the purpose of plainly declare, and it is not in any respect wise or sensible to im­ preventing contagion from one State into another, and it is producing pose on any .officer the responsibility of interpreting at his peril a contagion, that the Government may not destroy that which is its own doubtful law. When Congress makes the law it is its plain duty to for the very purpose for which it bought it? make it clear and certain, definite and precise in its provisions, and this Mr. HARRIS. The Senator from Florida will allow me to ask him has never been doubted or denied before. a question? ])lr. BLAIR. Will the Senator indulge me there? Mr. CALL. Certainly. _ Mr. CALL. Certainly. Mr. HARRIS. The authority as to the house the Senator refers to Mr. BLAIR. I now understand the Senator to ask that by this was given to build or buy a house to be used as a qu~rantine station, proposed statute we give to the President.power to interfere with per­ was it not? sons and property before they have in any way become identified with Mr. CALL. I will read you the law: the interstate commerce, and that the President would like this mat­ To prevent the infection from one State into another­ ter of power cleared up by legislation. Mr. CALL. Oh, no. Those are the words of the law- Mr. BLAIR. Well, is this not the difficulty of the Senator in his of contagious or infectious diseases. States-rights view of this thing, that there is no constitutional power, 1\Ir. HARRIS. That part of the law wltich authorizes the buying of as he holds, to interfere with this person and this property until they a. house is simply a house to be used as n. quarantine station. have come within the domain of the interstate-commerce clause of the Mr. SPOONER. It doos not authorize the purchase of houses to be Constitution? If that be so, how is it possible for us to pass a stattite destroyed. int-erfering with that domain, so outside of our national constitutional Mr. HARRIS. By no means, nor does it squint at it. jurisdiction? Is he not, in other words, asking us to pass an unconsti­ Mr. CALL. Let us see and let us examine that in the light of rea­ tutional law to meet a difficulty of the Senator from Florida? son. The Senator from Tennessee says it is to buy n. house for a qu:u­ Mr. CALL. I do not think there is any great difficulty about that. antine station. Now I want to ask him why does the law authorize That is an old question which we have argued here time and time again you to buy a house for a quarantine station? Tell me that . in endeavoring to arrive at some legislation which would harmonize 1r1r. SPOONER. For a public use. the different views which were prevalent in respect to State authority Mr. CALL. What public use? and power and the power of the General Government in reference to Mr. SPOONER. To isolate the perEons who are supposed to be in- sanitation, quarantine, and the prevention of the spread of epidemic fected. diseases. Of course there are those points to be met, but we arrived Mr. CALL. What do you want to isolate them for? at a common agreement in the act of 1879, and in the appropriations Mr. SPOONER. To prevent the spread of contagion. made in different appropriation bills from that time to this, to exercise Mr. CALL. Exactly so, to prevent the spread of contagion. Now, the power of the General Government as to interstate commerce in you undertake to say that it is a reasonable proposition to hny a house respect to the prevention of the spread of disease amongst animals as to prevent the spread of contagion, and h aving bought the house and well as infections diseases amongst men in the interstate commerce by found that it spreads contagion and is a cause of death, there is no requiring it to be done in harmony with the State laws. The great constitutional power to allow you to destroy it? principle of constitutional interpretation in this country is an interpre­ Mr. SPOONER. Does the Senator make this proposition, that if tation that shall effectuate the powers of the General Government in the health authorities of the State decide that given premises are in­ harmony with the powers of the State governments. fected and that the public healt.h requires that the premises should be I do not care to discuss that question, and therefere in the amen d­ immediately destroyed, tba.t is a taking of property for a public use ment which I introduced I provided that it should be done subject to which requires the payment of compensation ? and in accordance with the authority of the State, and the money is Mr. CALL. I do. I will state it a little differently. I say that appropriated to do those things in the States, which the National Gov­ the taking of property to protect the public health-and I challenge ernment could not do, and without the exercise of forcible power the the Senat-or to produce a single plausible reason why it is not-is a act to be done being within the domain of State authority, yet being taking of private property for public use. an act necessary to prevent injury to the interstate commerce of the Ur. SPOO~ER. In the State oflowa they passedalawunder which country, this power and this duty is recognized in all this legislation. certain brewery property was destroyoo, and the point was made us to I will Temark further to the Senator that the laws expressly say in its constitutionality, that w bile it was n. taking of private property for so many words that this money shall be appropriated to do certain public use the law provided no compensation, and the Supreme Court things in aid of the authority of the State boards 6f health and of the of the United States decided that property taken in the interest of the • State quarantine regulations, and this law, which has been reaffirmed public health, under the police power, was not ''taken for public use". from 1879 until now, in every case gives this money under the author­ in the constitutional sense of the phrase, and that no compensation was ity of the Surgeon-General of the Marine Hospital Service to effectuate required to be made. In the case I supposed a little while ago of a the State quarantine in those matters w4ere the Federal authority was fire, if the :fire was spreading and it became neces~ury in the j ndgment not recognized by law to extend. . of the officers of the city, the :fire department or the commissioners, to Mr. BLAIR. Will the Senator allow me to ask him a question there? destroy my friend's house in order to prevent the spread of the fhe and Mr. CALL. I will. the utter destruction of the city, that property may be destroyed with­ Mr. BLAIR. How in case the State authorities should refuse tore­ out compensation being made fo r it. It is an emergency, an over­ ceive the money and this contagious disease, we will suppose ~lready whelming public necessity, which is not tlie taking of private property so destructive in Florida, should be spreading over the entire country? for public use within the legal sense and. men.ning of that expression. Mr. HARRIS. If the Senator from New Hampshire and the Sena­ lir. CALL. We are reasom~ now about thjs, I take it. The Sen­ tor from Florida will allow me, I be~ to call the attention of the Senator ator has given an illustration and I will give one. A war is raging, from Florida to the fact that he is somewhat mistaken when he says it is flagrant, and men are needed, for what? To protect the soldier that moneys have been appropriated from the Federal Treasury at any and everybody else; but the soldier is taken and my friend and myself time to aid State or municipal boards of health in doing anything ex- are left. Why pay him anything? It is the public welfare, it is the 1888. ·CONGRESSIONAL· RECORD-SENATE. 7809

pablic protection. ·You and 1 are protected. and he, too, exactly alike; retary of the Treasury. That is all. The Secretary of the Treasury and why pay him for devoting his life and his services? shall sav what shall be condemnation and what shall not. - Ur. SPOONER. The Senator must refer to a draft, I suppose, Mr. President, I am of course solicitous that this measure shall pass, where a soldier is taken for public use against his will. but I wish to place it before the Senate and to assume my own position :Ur. CALL. I do not care whet~er it is a draft or not. The signifi­ in regard to it. The justification of this proposed resolution dependB cance of the idea and the re.:'\.Soning is that you take that which is per­ on whether it is beneficent or not. Is it authorized under our powera sonal and you devote it to a public use, which includes the person as of government or not? Can we authorize a veterinary surgeon or a much as anything else. I do not desire to argue the question whether CommiEsioner of Agriculture to seize and destroy thousands of cattle or not-- and appropriate $800,000 for it within tbe limit~ of a State in pursu­ Mr. BLAIR. The Senator will allow me to suggest iu connection ance· of State law, and shall we hesitate to authorize the Secretary of with his illustration that the power to take the individual for the pub­ the Treasury to destroy. infected property in the States under regula­ lic use in war is not a power that carries along with it the right of com­ tions which shall be prescribed by him in cases where, like in the case pensation on the part of the individual at all. He is given pay for his of infected cattle, disrose and death are being spread? services for the time he is in the field, but he is not paid for his life. That is all. Is it beneficent or not, and is it wise? If this epidemic, He has no right to his pension m·en, except by statutory provision. as the Surgeon-General has certified, can only be stopped in that way, .But the innate power in government is to command the force of every then we should provide the proper means; and I have here a com­ living individual for the common protection of all, and that, too, with­ munication which 1 shall ask the Senate to print with my remarks out compensation, as is demonstrated in the case where the individual, without reading it. It is time that this body should wake up to a body and soul, may be taken, even up to death, and then there is cer­ realization of the great questions of the age in which we live, to a proper tainly no compensation. sense of the fact that the. danger to life, society, and government is Now, is not this the distinction, I will ask the Senator, that wher- more in the fatal plagues of disease and pestilence than of armed men . ever property be taken or wherever property be taken and destroyed, and organized force. That we have something else as statesmen to do which property is not taken for the public use, but taken for the pur­ besirles organizing armies and building navies, and paying for them, pose of its own destruction, it may be for the general welfare, but in and providing policemen. We have other and greater ends of govern-j that case the individual runs his risk as a member of society, and he ment and legislation than these. is not entitled to compensation. That is the principle. But where the Mr. BLAIR. I should like to ask the Senator, in connection with thing taken is for the public and is subsequently valuable to the pub­ this very proper and eloquent appeal, this peroration, a question that lic and contimies to exist as property and is property of the public, in­ I think goes to the root of t.he matter, why will he not ask the Senate stead of that of the individual, then there is the right to compensa­ then to strike out of the proposition the words "on the request of the tion; but where for the common good a thing is destroyed, whether a governor of any State," and not leave the whole nation of sixty-five man, or a beast, or property, there-is no right to compensation. millions of lives dependent upon the caprice of the governor of Florida Mr. SPOONER. I want to know if I really understand ruy friend or of any other State where this disease happens to be located? If the from Florida to insist that where the Government calls a soldier into Senator will move to strike out the words "on the request of the gov­ die military service it is in the exercise of the power of eminent do­ ernor of any State" I shall be very glad to vote for his proposition. main-in other words, if he means to insist that there is any parallel Then it will read: in the cases ? · SEC. 2. That the Surgeon-General of the Marine Hospital Service is author­ 1\Ir. CALL. I thoqght my friend was too good a logician to ask me ized to seize and destroy, uuder conditions and regulations to be prescribed by such a question. · the Secretary of the 'I"reasury, any infect-ed personal or other property which is communicating infection and disease in the interstate commerce, and such con-­ Mr. SPOONER. I think the fault in logic is in my friend, not in demneu properly shall be paid for out of the money herein appropriated. me. Mr. CALL. Of course I am very willing if I am wrong to bear the Do you want to leave the lives of the people of the whole nation blame. But in my view of society and government, as I understand dependent on the will and caprice and ~stilential States-rights views it, dating from the time of Justinian and the civilization of the Roman of the governor of Florida? The worst pestilence there is in this coun­ Empire to this day, as recognized by all enlightened people, rights are try is this States-rights doctrine, upon which theory the Senator has founded in beneficent nse and application. They originate in good for introduced his resolution. If he will strike that out, we can get along mankind. There is no foundation of right but beneficence. Power, well enough, and we can control yellow fever and other worse things in concession from the people, has its origin in a beneficent purpose and this country. use, and therefore I say that when the soldier takes the place of the Mr. CALL. I think I can give the Senator a very good reason for Senator from Wisconsin, and gives his life and his time and his per­ that. First, it is impradicable. There is such difference of opinion sonal ease to allow him or me to do without the sacrifices which he that we can not make any legislation that will harmonize with his makes, he has a right, not in the naked sense of power or of eminent views. That is one reason. Another reason is because the law for the domain, but in the higher and better sense of beneficent legislation, of suppression of pleuro-pneumonia, the law for the suppression of con­ proper action on my part and his, to compensation for that greater part tagion and infection in the interstate commerce, has adopt-ed a differ­ which he has done for the public than he or I. ent rule. The precedents, therefore, are for this action and not for Mr. SPOONER. The resolution as presented by the Senator from the manner of legislation which he advises. That is the practical rea­ Florida does not discriminate in any manner whatever _between the son why, whether he is right or wrong, !should not do what he pro­ property for which perhaps there ought to be some compensation made poses to do. and the class of property or property so situated or infected that any But I have said that I have made" this motion in pursuance of the lawyer must concede the owner is not entitled to be paid for it. He pro- better and established sanitary and medical opinion of the day, and vides here: - that we are confronted now with an enemy of the mo8t formidable character, whose power over human life and human happiness, not in That the Surgeon-General of the Marine-Hospital Service is authorized, on the request of the governor of any State, to seize and destroy. under conditions one State, ·but in all the States, has been evidenced in the most con­ and regulations to be prescribed by the Secretary of the Treasury, any infected vincing manner on repeated occasions, and therefore we are called upon personal or other property. to do, experimentally and practically, whatever may be probably effi­ That is, property already infected which ought to be destroyed in the cacious to stop the advance of this enemy. interest of human life- I have this telegram from Jacksonville, signed by gentlemen of great Or other property- intelligence, of eminent humanity, and of the highest integrity of character, who are now devoting themselves in the commencement of That is, property already injured to the owner, property which it :i,s this epidemic, which I hope may be stayed, and which, if this country almost a crime in the o~vner to maintain and permit the existence of- is wise, will be stayed and extirpated where it is. I h :tve this tele­ which is communicating infection and disease in the interstate commerce, and gram from them: such condemned property shall be paid for out of the money herein appropri­ JACKSO~'"VILLE, FLA., August 14,1888. ated. 0 To Hon. WILKINSON CALL, Washington, D. C.: That is, property condemned must be paid for out of this Govern­ I am instructed by citizens' association to urge immediate passage of your' re­ ment appropriation. Suppose the authorities of the State order it to lief bill, and to make part of the appropriation available here for strong measures to suppress yellow fever. . be destroyed and the Government authorities acting in harmony and J. J. DANIEL, by way of aid to the State authorities concur, must all the appropri­ President JaeksonviUe Au.xuim11 Sa11itary Association. ation or payment be made out of the Government appropriation? If JACKSO~-vrLLE, FLA., August 18, 1888. so, why? Senator CALL, Senate Chamber, Washington, D. C.: · Mr. CALL. It does not bear any such interpretation. The resolu­ We are instructed to communicate to you the following resolution adopted tion says the Secretary of the Treasury shall have power to say.for what by the executive committee of the Citizen's.Auxilio.ry Sanitary.<;\..ssooiation, held this day, with the request that you adopt such measure 11.8 will in your judgment this money shall be paic:Y, for what property and under what circum­ best promote the objects in view : stances; that is all. "Resolved, That while we do not feel it necessary to appeal to the charity of Mr. SPOONER. It says all property condemned shall be paid for the public at large for the present, at least trusting that our people in the spirit or self-reliance which animates them will furnish means until their resources out of this appropriation. are exhausted,.we realize the importance to the entit·e State or Florida., a.nd Mr. CALL. Condemned under what? Under the rules of the Sec- the United States generally, that extraordinarv efforts bE' made to stamD out the XIX-489

-, ,_ . , 7810 CONGRESSIONAL RECORD=SENATE. AUGUST 22,

disease which has been introduced into our city and prevent its possible spread In a letter to your valuable paper (Times-Union, Jacksonville, Fla.) of the date to other communities, and 1lo this end it may be necessary to destroy buildings of NoYember7, 1887, I gave a shortaccountofyellow fever, and its origin and his· which have become foci of the infection. and undertake works of a public nat­ ory, which I will not occupy space to repeat, though of great interest just now; but ure to remove all possible danger. We feel that the United States Government now that it is actually prese nt among you, it is absolutely necessary to meet it can most appropriately devote such funds as are available for the prevention of boldly and intelligently. To do this it is e:~:pedient to know first what we have infectious disease to enable us to carry on these works and thus avoid a. long to combat, then where to look ~or lurking danger, and afterwards to consider and disastrous epidemic, in which event we would no doubt be compelled to the means. seek the aid which bas been so kindly tendered to us from many quarters." That it is a microscopical living organism is well known. That it is carried J. J. DANIEL, Chairman. by currents of air, that it is propagated in foul air and follows lines of travel J. W. ARCHIBALD, Mayor. are all facts equally well understood. That it requires moisture in order to ex­ NEAL MITCHELL, ist is also true, as in a state of absolute dryness of the atmosphere it is harm­ Pres-ident Board of Health. less. Impure water and improper food convey it into the system, and all prod­ Colonel Daniel, who beads these signatures, is one of our most distin­ ucts and processes of fermentation serve to communicate it, to extend its rav­ ages, and to intensify its virulence. lligh barometer retards its development guished citizens. both for ability and eminent virtues of all kinds, and and aids towards recovery those who are suifcring from it, while a state of low all these are gentlemen of intelligence and merit and distinction. The barometer at the seale>el is favorable for its propagation and the invasion of people of Jacksonville, with commendable liberality, have devoted their new regions. The low barometer due t-o elevation bas an exact opposite of this, for in the dry atmosphere of high altitudes it can not develop. resources entirely to this great public duty, and bave not asked for We have now reviewed a few of the more important general conditions and public charity nor for aid from the Government; but seeing that it is forms in which we have to meet this intangible and insidious enemy. Of the possible, with means greater than they have, to stamp out the present requirements of the city generally, which are in a great measure peculiar and local, and of the means necessary to be adopted by the corporation, I hope to infection by destroying the places of infection, they have submitted to speak further, and ~or this I , as an individual, must wait for proper encourage­ the Government this request that the authority in the laws shall be ment and support, which the authorities alone can render, but to other indi­ mad-e plain and clear and beyond mistake and quibble. v iduals quite as personally conce rned as myself I give the following directions: If tho e who would benefit by them will bear in mind the previous portion of Now, here is this epidemic, from which the pure and healthy clima,te this letter, the 1·easons for the precautions and measures to be m entioned below of Florida exempts the State generally, but which bas extended from will be at once apparent. Key West to the city of Jacksonville on its way to the great cities; As I wish to be understood by those whose means or circumstances or business affairs wUl not permit them to leave the city, but who must remain to meet the which has attacked se-veral towns along the line of·railroad, commenc­ emergency of the hour as best they can, I shall be very concise and put what I ing at Tampa, which is now comparatively free from it, and pausing h11se to say in the simplest and most practical shape possible. They are imme­ in Jacksonville-a climate unfriendly to its propagation-this epi­ diately available for every p erson, while by their careful observation three­ fvurths of the ca!1es can be prevented even aft-er the infection has obtained the demic in its present st..1.te is easy to control with adequate means. The asccndency, and by their timely use it would never become an eoidemic. Surgeon-General has st..'lted-and I think it will be found in his report­ The subjects requiring attention are food and drink, sanitary regulations, and he has stated to me that in the little town of Manatee, which is adja­ yentilation, prophyladics, and d isinfection, to be considered in their order. Only the very freshest gathcre!l_ and cooked vegetables and freshly killed and cent to Tampa: some 40 miles distant on the bay, there was a nest of newly cooked meats should be eaten, while no warmed over or left over food houses, and that all through the winter his expert and accomplished of any kind should be partaken. The use of ice and ice-wate-r should be par· physician, Dr. Murray, who e opinion I know the Senator from Ten­ ticulnrly avoided. From one-half to one ounce of chloride of sodium or com­ mon salt should be taken with food during every twenty-four hours. This acfs nessee will state to be -valuable, a patient, self-denying, intelligent, as a prophylactic in the blood, and being extremely important and an easy studious, thoughtful man, laboring in the interest of humanity and condition to observe it should on no acconnt be neglected. science, has reported to him that the entire origin of that disease, with All water which is to be used for drinking purposesshouldbeboiled and kept closely CO>ered while cooling, or bottled while boiling hot, and never allowed a guard of fifty men around it, seek-ing to prevent persons going in and to be exposed to the air. Vegetable tar should be put in it, and this with sn..all coming out, has been from a series of old buildings, where for a space quantities of wine be the only be>erage allowed. A h alf teaspoonful of flowers of seven or eight months this disease has been generated in that im­ of sulphur should be taken twice in each twenty-four hours, and tonics of all kinds are also of extreme 'l'alue. , • mediate locality, from those houses, and communicated all through The air of houses in damp w eather and at nights must be kept as dry as pos­ the country and now threatening the whole Atlantic coast and all the sible, this being best effected by open fire . All sleeping apartments and the sick chamber should be in the hig hest story of the house, and the latter espe­ great cities, including Washington. cially of large dimensions and well ventilated. JUr. President, I have said all I desire to say to the Senate · upon Durn all dejecta of the sick with the assistance of coal or vegetable tar (and this subject. If we are refused this legislation so clearly required by the clothing and bedding suspected of contagion should be also burned), as the public interest, after having given $800,000 to seize animals and these matters are a prolific source of propagation when allowed to remain in vaults or sewers or buried in the earth. All the water-closets should be disin­ kill them, with the consent and co-operation of State authority, to fected daily, and a quantity of charcoal kept under the seat to absorb the evolved prevent pleuro-pneumonia; having given authority to buy and destroy gases. Ice melting iu the receptacle will also prevent the formation of gases. property of all kinds in the different States, cattle-yards, places whe1·e Over (or within) each manhole or vent of the city sewers, and over all private sewers, should be placed, suitable in size to the opening, a. cylinder or other the contagion and infection of pleuro·pneumonia exists, which the filter of charcoal to absorb the gases escaping therefrom. As charcoal will re­ Senator finds no objection to-destroying cattle-yards and paying for tain about one thousand times its own volume of gases it is almost a permanent them nuder our laws-why not destroy the houses that are spreading safeguard in such situations. The air from below is to be fllterGd through the charcoal, so that the bottom of the cylinder must be perforated, or what is bet­ disease and death all through the land? I care not for these unrea­ ter, made of coarse wire or wickerwork or lattice. The whole J;D!\Y be made of sonable distinctions upon this subject. I am for the beneficent exer­ either of these materials, and it is to be preferred, cise of tills power harmoniously with the power given to the States. Dampness must be carefully avoided, and every person suspected of con­ tagion sponged with alcohol; but above all do not anticipate or fear an attack. I insist that the power of the Federal Government and the power The fatality of yellow fever is always exaggerated in the public mind, as in the of the States can in all cases be harmoniously and beneficently exer­ most widespread of all recent epidemics, that of 1878, the percentage of recov­ cised in co-operation, tne one aiding the other; and I contend that that ery was eig ht out of ten cases, a n d the tendency is generally to a favorable is­ E:ue, unless complications exist. The sick should be all removed by the oity au­ is the sole principle, the great life-giving principle, of the Constitution thorities on steamers to the mouth of the river and kept there in salt atmos­ in respect of its distribution of powers. I do not believe that you phere, which will greatly aid in recovery. need to coerce the States into the exercise of any authority given to The steamers must be disinfected morning and night, and all the sanitary reg­ ulations as before mentioned carefully observed. Oities near the ocean should them; but you need to aid them, as all this legislation does from the always have their hospitals near the seashore, and those in inland situations beginning until now, by appropriating money to aid the States in doing sllould so utilize the greatest nlt'itude available. Physicians ought not to visit those things which may affect disastrously the general in~rstate com­ from house to house in the ordinary clothing, but should wear linen or a rubber go samer while on· such duty. Should the disease become beyond control, merce of the country, affect the national and publicinterestsinrespect w h ich condition obtains when it becomes epidemic, then sulphuric-acid gas to the powers and subjects over which the General Government bas should be artiliclally produced in the atmosphere in the following manner : At the intersection of the streets place iron cylinders or other vessels which will power. contain about 20 gallons each. These should have substantial bases and be filled Now, Mr. President, I ask leave to publish with these remarks a with the following mixture, which is then to be slowly burned: paper sent to me by Dr. Souvielle, who states that he is lately a sur­ T ake coal or vegetable tar, te each gallon of which is added 5 ounces of gun­ geon in the French army, a, member of the St. Thomas Hospital, Lon­ powder, 1 ounce of flowers of sulphur, and one-half to 1 gallon of coal oil, this to be continued for several nights or until subsidence of the disease. By this ; don, and now of Hot Springs, Ark. While I am not a. judge of and means ozonification will be efteeted, and complete destruction of the infection know nothing about these matters, it seems to me to be a valuable con­ thereby secured. tribution to the studies of the age upon the subject of yellow fever and All the processes for the prevention and arrest of the epidemics, and the puri­ fication and protection of the air of cities from the exhalations from sewers are its prevention, and illustrates the necessity of this action on the part of covered by a. patent granted to me by the United States Government, but to the Congress, showing that this contagion may be prevented. suffering city of Jack onyille for the present emergency I hereby give the The paper is as follows: - riglit to use for her own benefit all my methods, which I have freely described, HoT SPRINGS, ARK., August14, 1888. to relieve her in her hour of imminent danger and affiict.ion. I have learned through the "St. Louis Republic" of the development of atew M. SOUVIELLE, 1\I. D., cases of yellow fever in your JD-idst, though I hope the reports of the prevailing Late Surgeon French A1·my and late Member St. Thcnnas Hospital, state of panic amongyourcitizens are somewhat exaggerated. My interests in London, England. the present case are double-that which I feel for the cause of science, and also that which I have in the welfare of the city and people of Jacksonville. The PRESIDING OFFICER (lli. PLATT in the chair). The Sena­ The generally unknown character of the yellow fever renders it more dreaded tor from Florida will suspend. Th~ hour of 1 o'clock having arrived, than it would be were it "more familiar grown," and to make it so should be the first care of the scientific physician, for only by the intelligent co-operation the Chair lays before the Senate the unfinished business, being the bill of the authorities, and of every individual of a community, can his labors to (S. 12) to provide for the formation and admission into the Union of combat its inroads meet with the success they merit, and would certainly bring the State of Washington, and for other purposes. If there be no ob~ about were they thus supported. The city of Havana, where yellow fever is always present, is never subject to jection, by unanimous consent the unfinished business will be laid aside panic on its account, for every one knows something of its characteristics and informally, and the consideration of the joint resolution continued. treatment but those who are its victims are new-comers who are afraid of it, 1\Ir. WILSON, of Iowa.. I desire to suggest a.n amendment to the and whose very fears are almost certain to make them succumb. The mind bas a more powerful influence toward a good or an evil termination than can be amendment reported by the committee to the pending resolution. The fully understood, though well authenticated. amendment reported by the committee seems to provide for the pro- .

1888. CONGRESSIONAL RECORD-SENATE. 7811 tection of ~ll parts of the United States except the District of Colum­ the United States Government to step inside the limit.S of a State and bia. It provides this protection: perform these acts? · To prevent the introduction of cholera or yellow fever in~ . the United States Mr. CALL. No, certainly not; beyond all doubt. I answer the Sen· from foreign countries, or into one State or Territory from another. a tor from New Hampshire-I believe the answer is very plain-bysay­ I su(J'gest as an amendment to the committee's amendment to add, ing certainly not. The request of the governor gives no authority, ex­ at the ~nd of that amendment, the following: cept in the specified case of the Constitution where there is an invasion Or into the District of Columbia from any State or Territory, or into any State of State territory. or Territory from said District. Mr. BLAIR. That'is for tlie suppression of insurrection and tore­ :Mr. HAHRIS. There can be no objection to that amendment. pel invasion. M:r. CALL. Mr. President, this resolution is of no value as the com­ Mr. CALL. Certainly. mittee hav~ reported it. It is idle. The point is that the officials who Mr. BLAIR. That is a constitutional power. Now, theSenatorde­ have the power to spend this money do not consider that it gives them nies the right of the General Government to go inside the territory of the power to pay for bedding and clothing and infected houses and to a. State, within State jurisdiction, and destroy property to prevent the desLroy them. Surgeon-General Hamilton was sent there to ascertain spread of disease. He denies that power. this, and he has reported that they thought they had not the power. Air. CALL. I do. In the cattle laws we have provided expressly that the money shall be . ?tlr. BLAIR. His theory denies it; and now he produces a resolu­ applied to the payment for property. Why, then, talk about enacti:ilg tion and asks us to vote for it, which, upon the request of the governor here a law which is a delusion, under which the Departments will not of the State alone, will induce this foreign and alien and subversive pay the money for the only purpose for which it can be, and you have power of the United States to destroy property within a State, when, amended carefully the cattle laws so as to seize and kill cattle.in the as I understand him now, the legislative authority is indispensable be­ States and destroy the infected yards? fore it can be exercised. Why is it that you oppose without reason this humane and nec.essary Mr. CALL. This joint resolution says the governor shall do it not amendment in favor of human life? Is it because I have no power to without the legislative authority, but assumes that he has legislative - impress so plain and so unmistakable a thing upon the Senate? That authority. may be true. We have but to look at the cattle laws to see all that ?tir. BLAIR. But it does not say he shall do it subject to the leg­ this amendment provides. Why, then, shall all this objection be made islative authority. The joint resolution provides this: to making that plain which you declare is intended to be covered by That the Surgeon-General of the Marine-Hospital Service­ the general provision, but which is so general, so obscure, so vague Not even the President, but- ·that it may and will be interpreted to mean nothing and will leave the the Surgeon-General of the Marine-Hospital Service is authorized, on there­ money in the Treasury unused, and leave the people to die without quest of the governor of any State, to seize and destroy, under condit.ions and regulations to be prescribed by the Secretary of the Treasury, any infected per­ assistance or relief? sonal or other property which is co=unicating infection and

I. /

7812 CONGRESSIONAL REOORD-SENATE. · AUGUST 22,

national defense, to go within the limits of a State and extirpate any State, burn property and pay for the property. It might be a ques­ disease which is liable to spread over the remaining portions of the tion, even if it was found necessary to destroy the property, as to how country. It is its duty to·do it, and but for this doctrine the Senator far it would be right or just or proper or lawful to make compensation would get legislation which would take care of Florida and all other for property destroyed because it was so infected as to be destructive portions of the country threatened by yellow fever or by cholera or to the public health. Indeed, the Senator from Wisconsin [:M:r. those diseases which imperil cattle in every direction, he would get SPOONER] has referred to decisions of the Supreme Court of the United legislation vastly more for the general good and promotive of the gen- States which clearly show that such property is not to be construed as eral welfare. taken for the public use; that it is not to be compensated for as prop· :M:r. CALL. I will say that the-Senator trom New Hampshire is not erty which is taken for the public use; that it is property which is de­ only courteous, but he is eloquent and he is learned and is not stupid. sttoyed in the public interest and is not to be compensated for. Such I will accord all those things to him, and I will be willing to be re- is the property to which the Senator from Florida refers . . garded by the Senator as stupid and as ready to propagate a very wicked The Committee on Epidemic Diseases, with absolute unanimity, doctrine, although I am not a doctrinaire. I am not at all dogmatic or were ready to vote any amount of money which maybe necessary and doctrinal in respect to my opinions as to the exercise of power. All I which can be constitutionally used in preventing the spread of this con­ want is to stop the epidemic of yellow fever, doctrine or no doctrine. tagion from Florida to other States, or from any one State into another. All I want is the Senate to say that the President shall have power, in The report of the Secretary of the Treasury shows that there is now a his discretion, or the Secretary of the Treasuq, or anybody else that fund of $150,000 subject to the uses of the President, within his dis­ can be trusted, to pay the public money herein appropriated for houses cretion, for this purpose; but in order ''to make assurance doubly which are places of infection or contagion to the people of this country. sure" (for if the necessity arises at all it will be an imperative neces- - That is all. And I do it ~ not because it may be the best thing to do sity, and w~ can not measure the extent ofit in advance), the commit­ for the man who owns the house, but because as a matter of practical , _tee consented to add to that fund the sum of $200,000, so as to give an legislation, property that is infected will be destroyed when it is known amount ample for any possible contingency that may arise. That that compensation will be made, and as a matter of practical legislation amount is subject to the use of the President, within his discretion, it will not be des.troyed, neither the clothing nor the houses, unless it _for the accomplishment of the only constitutional purpose to which it is known that money will be paid for them. It is the practical result can be appropriated, that of so regulating commerce as to prevent the that I desire, and therefore I have introduced the joint resolution in introduction of contagion from one State into another, or from foreign tbe very likeness and almost the words of the laws relating to the sup- countries into this country. pression of pleuro-pneumonia, almost the exact words, and if it does That at all events has been the construction plaeed upon the powers not suit Senators in the respects criticised I have not the slightest ob- of that committee and the powers of Congress by the Committee on jection to amending it. Epidemic Diseases. To that iL adheres. We have provided by the All I ask and all I want to do is to make the issue here and now that substitute which is reported from tile committee the additional appro­ in the dreadful epidemics which threaten this country the power ot priation of$200,000, which will be added to the $150,000, making a the General Government, whether in the appropriation of its money to sum of $350,000, and it is to be presumed, if not taken absolutely for pay for property in _the State or out of the State which is spreading granted, that the President will use it~ such a way as is necessary to contagion and infection to the whole people, shall be exercised. That accomplish the object and the only object for which it is legitimate and is all, and I want to make that point. proper to make the appropriation. It is true I am making it to-day for the State of Florida, which is I do not care to prolong this debate. The committee is unanimous now-threatened and is the present source of the danger to all the other in favor of making an appropriation of any amount of money which States, but I am as ready to make it and as ready to vote it in any may be necessary an~ which can be used legitimately for the purpose, form for Massachusetts, or New Hampshire, or New York, or Oregon, or and I take it for granted that every Senator is ready to vote any any other State as I am for Florida. amount of money which can be legitimately used. Thatiswhy I wantthisresolution amended. ItisbecausetheTreas- Mr. HOAR.. Before the Senator from Tennessee sits down I should ury Department, that is to spend this money, has said and the Presi- like to ask him a question. dent bas said that he does not recognize in that law the clear and un- Mr. HARRIS. Very well. questionable power to pay the money and make the regulations which Mr. HOAR. It is not perhaps very pertinent to what is now going may insure the destruction of pr<_>perty communicating contagion to on, bnt it is a matter of interest to the public and will be to the Sen­ interstate commerce. It is a practical question, and the Department ate. When this.. subject was under discussion a few years ago, when is not ready to put that construction on it, and therefore I have asked there was a much more extensive alarm in regard to the spread of this that the law as it is admitted to be shall be made clear. That is the pestilence than there is now, there were·l!!ome eminent physicians here question. Is there any difficulty or doubt as to the propriety of mak- from the South, one from New Orleans, I remember, who thought that ing the expressions of the law clear so as to do that thing which it is a method of preventing the spread of yellow fever by something akin designed to do? If there is, let the Senator from 'Jennessee give the to inoculation or vaccination had been discovered in Brazil, and there reason why a law should be made obscure and doubtful. That is the was some proposition to appropriate a sum of money for investigating only point. It is admitted that is the law, and it i.'s also known that that matter by our Government. Is the Senator from Tennessee, who that is not recognized to be law. Now, let us make_it clear and plain. is chairman of the Committee :on Epidemic Diseases, aware whether Mr. HARRIS. Mr. President, the Committee on Epidemic Diseases, that expectation bas been verified or whether anything bas turned out from the day of its organization_ down to the present:time, has believed to be true of what was then believed by those physicians? and held that the only authority it has to deal with contagions or epi- Mr. HARRIS. I am not aware of the fact that any commi~ sion of demic diseases was derived from the power to regulate international scientists bas been appointed or sent to make the investigation which and interstate commerce. That committee has frequently asked Con- was then suggested and contemplated. My information, however, is gress to pass bills and resolutions to so regulate commerce with foreign that it is still a matter of grave and serious doubt in the opinion of nations and among the several States as to strip it of contagion! be- medical scientists as to whether a prevention or certain remedy can be lieving, as ths committee always has believed and still believes, that found by the idea then suggested. Yet there are advocates of that . that power is clearly possessed by Congress, and that it is the duty of theory, and there are many scientists, I understand, who believe that Congress to exercise it whenever and wherever necessary. For the last yellow fever may be prevented by a system of inoculation. seven years there have been from year to year appropriations made, to Mr. REA.GA.t'l". In response to the question asked by the Senator · be used within the discretion of the President of the United States, for from Massachusetts, I will state that;, although I have no official infor­ the purpose of preventing the introduction of contagion from foreign mation, I was advised recently by Dr. Davis, of Massachusetts, who countries into this country or from one State into another. To that took great interest in that question and in securing the appointment of extent legislation bas gone. From year to year in the sundry civil the gentleman who was to conduct the investigation, that the physi­ appropriation acts these appropriations have been made. . cian so appointed had reached the conclusion that there was perhaps The second section of the joint resolution of the Senat9r from Florida nothing in the theory propounded by the doctors in Mexico and one in requires that upon the application of the governor of a State it shall be Brazil; but he still thought it worth while to prosecute the investiga­ the duty of the Surgeon--General of the Marine-Hospital Service to seize tion further to see whether some discovery could not be made. and to destroy any property, personal or other, which may be so in- Ur. HOAR. The question perhaps w~ not ver! pertinent to this fected as that it may brEWd and communicate contagious diseases. I subject, but I thought Senators would lik~ to be mformed what had undertake to say that under the substitute reported by the Committee resulted from that inquiry. on Epidemic Diseases the President has in his discretion the clear and 1\Ir. CHANDLER.. Mr. President, I desire to say that I have the indisputable right to perform any act which may be necessary or to use honor to be a member of the Committee on Epidemic Diseases, together this money in any way which may be necessary to prevent the intro- with the Senator from Maine [Mr. HALE] and the Senator from .Mich­ d uction of contagion from foreign countries into this country or from igan [Mr. STOCKBRIDGE]; and I appeal to the Senator from Tennessee to one State into another. He needs no additional power. state, if he has not already done so, that from the first all the mempers It is absolutely clear that he can use this money for that purpose, of that committee have been not only willing but earnest and insistent and it is within his discretion as to how it shall be used to best ef- that enough money should be provided to the Treasury Department to fectuate and accomplish that purpose. But it does not legislatively enable that Department to stamp out yellow fever on its appearancein direct him that he shall, upon the application of the governor of a this country. I myself called the attention of the chairman of that

. 1888. CONGRESSIONAL RECORD-· SENATE. 7813

committee to the necessity of being ready, and it was ascertained that proposition thl;l>t in this great scheme of government, of national pow­ there was then subject to the control of the Treasury Department be­ ers and State powers, the national powers are ·intended to aid the tween S200,000 and $300,000 applicable for that purpose. I insisted State powers, and that they ~are to be beneficently and beneficially con­ that the ch::1.i!man should make certain that that money was available, strued, and not beaten about the bush by the idea that the only power :. and he did so. the Government has -is to prevent contagion as it affects interstate It was perfectly well understood that not only the-Southern mem­ commerce.. Certainly that has nothing to do with the purpose in view. bers of the committee, but the Northern members of the committee, I wish to avo~ and maintain some reasonable and useful exercise of were willing and anxious to do everything in their power not only to the powers of Government. I wish to be known as advocating the ap­ prevent the introduction of the disease of yellow fever, but to prevent propriation of the public mont"Y to the specific purposes within or with­ its spread in this country if the disease should make its appearance. out a State as will extirpate a.nd prevent contagion and infection and Mr. HARRIS. The Senator from New Hampshire, I imagine, was the spread of plague and pestilence. If it be necessary to buy and not in his seat when I distinctly stated that the committee were abso­ burn houses, I advocate their purchase and the bu.rning of them. lutely unanimous in favor of appropriating any amount of money that 1111'. HARRIS. Will the Senator from Florida. allow me to ask him was necessary for the accomplishment of the object. a auestion? 1\Ir. CHANDLER. When the proposition of the Senator fmm Flor­ 1fr. CALL. Certainlv I will. ida came before the committee the other day there was equal unanim­ Mr. HARRIS. Do yon not think that the Presi~ent, with such in­ ity in the committee in favor of making new and additional appropri­ strumentalities as he may employ for the purpose of investigating the tions sufficient to give the Treasury Department no excuse for not exact condition of affairs in any given locality at this moment, is better preventing the introduction of the disease or the spread of the disease prepared to decide what step is necessary to prevent the introduction if money or the precautions which money would bring c_ould prevent of contagion from the State where it exists to another State than we are its spread. That i3 where we stand to-day, not only the Southern to-day prepared to dict.ate to him that certain property that the gov< members of the committee, but also the Northern members of the com­ ernor of the State may request to ha\e seized shall be seized, and we mittee; and I ask the Senator from :Michigan [Mr. STOCKBRIDGE] to decide to-day that it shall not only be seized and destroyed but shall make his statement on this point, because, inasmuch ns the Senator be paid for out of moneys appropriated from the Federal Treasury? from Florida puts himself in the attitude of complaining of the action Mr.- CALL. I agree -entirely with the Senator, and if I had int ro­ of the committee, it is important that the position of the committee duced any such proposition as that here I should abandon it and vote sho•1ld be distinctly understood. with him. If there is any Jack of power to-day on the part of the Treasury De­ Mr. HARRIS. Will you let me show that you have introduced ex- partment we want to confer that power. If it is necessary to destroy actly that sort of proposition? · property, and the power is doubtful, we want to confer the power to Mr. CALL. If I have introduced any sucl:i proposition I will aban­ destroy property, and we want to keep the treasury of the officers who don it and vote with you. are in charge of this subject at all times filled with national money, Mr. HARRIS. Section 2 of the joint resolution, as introduced by so tha~ there .shall be no excuse for any neglect whatever. the Senator from Florida, provides: The only point on which we differ with the Senator from Florida is That the Surgeon-General of the Marine-HosP.ital Service is authorized, on that we are not willing to appropriate in advance money to go into an the request of the governor of nny Stnte- appraisal of any of the bedding, or any of the furniture, or any of the Mr. CALL. Mark the word "authorized." clothing which may be presented by the citizens of Florida to be ap­ praised and purchased and destroyed by the United States for fear it Mr. HARRIS. I mark the words as you have marked them. ' Mr. CALL. The word is ''authorized:" I want you emphasize may have about it the infection of yellow fever. I ask the Senator to from Michigan if he will not state his view on this subject. that. Mr. Mr. HARRIS. Then you propose to leave the entire discretion with .Mr. STOCKBRIDGE. President, after the discussion which has the Surgeon-General. Is that your construction? been had on this measure I think it is hardly necessary for me to add Mr. CALL. Oh, no. much to it. I will simply state, however, that with the other mem­ Mr. HARRIS. The language is- bers of the Committee on Epidemic Diseases I was in favor of any ap­ propriation which was thought necessary to be made in this direction, That the Surgeon-General of the Marine-Hospital Service is authorized, on t.he request of the governor or any State, to seize and destroy, under conditions but for one I wanted to be careful to have the conditions so applied and regulations to be prescribed by the Secretary of t.he Treasury, any infected that there should be no complaint. of an attempt to infringe upon the personal or other property which is communicating infection, etc., a.ud disease powers and Iights of t he States in this matter. As I understand the in the interstate commerce, and such condemned property shall be paid for out amendment of the committee, it was made with especial reference to of the money herein appropriated. that view of the case; and the committee were, as bas been stated, If your proposition does not mean what I describe it to mean, I unanimously in favor of the report. should like to know what it does mean. Mr. CALL. Mr. President, I take H that we are here in this body Mr. CALL. ::his just about as far from what you describe it to mean to reason about the subjects which come up before us. If we have any as any two things on the face of the earth. What you described was function it is that of discriminating as to what is reasonable and what that I asked for a law that should require property so infected to be is not. · seized on the request of the goYernor pointing it out, whereas the reso­ The Senator from Tennessee [Mr. HARRIS] says that we can dow hat­ lution that I have introduced and which you have adversely reported ever is necessary to prevent the· spread of the contagion from one State authorizes it to be done. The diffeTence between •' authorize" and to another; that that is all the power. I grant that-everybody grants "require" is just the difference between the sun and absolute dark­ ._ it-bot that is not the question here. Nobody has raised any such ness. It authorizes; it permits. question as that. The question here is, what is necessary to do it? Mr. HARRIS. Then will the Senator allow me again? It author­ What is the specific thing? The Senator from Tennessee says that the izes the Surgeon-General of the Marine-Hospital Service, upon there­ specific thing is included in what the committee report. He says that quest of the governor-- a law which provides not what specific thing shall be done, but what .Mr. CALL. Yes; so far. a specific man thinks ought to be done, is the sort of a law to pass, Mr. HA.LHHS. Then, if your construction as you now give it is the although you have knowledge that the particular thing that is required true construction, you leave the whole discretion to the Surgeon-Gen­ is in the opinion of that man not the thing to be done. The Senator eral of the 1\I:uine-Hospital Sen-ice, or else you impose uoon him the makes the proposition that we should make a law as follows: "Be it imperative duty to seize and destroy. The one or the other is evident. enacted, That all our power is to prevent contagion passing from one Mr. CALL. I am stupriRed that so bright a man a.nd so fo!'cible a State into another, and to that end the President shall do what he logician should in the presence of the Eenate make that proposition. I thinks best," not that which Congress thinks, not the act that every­ undertake to say that if I have done that I will abandon the resolution body thinks is necessary, but what he thinks, and that makes it all and vote with the Senator. But what I have done is just as far from constitutional; if he thinks a hom~e ought to be destroyed it is right what he says as it is possible for any two things to be. . to do it. That is what the Senator from Michigan says. The Senator I introduced n. joint resolution authorizing the Surgeon-General of from New Hampshire thinks that that is States rights, to give the Pres­ the Marine-Hospital Service, on the request of the governor, under the ident on unlimited powel\ to do something that he thinks is right. I authority and the conditions, and with the consent and direction of the &'loy that is not reasonable; that that is no hypothesis for an argument,. President or the Secretary of the Treasury, which is the same thing, to I have proof here that the opinion of the learned and scientific and do those thing, no~ in the discretion of the Surgeon-General, but in practical people of this country. is that in this contagion and infection the discretion of the President and his advisers. You can order it any the destruction of the infected foci is a necessary fact; .that all ex­ way you please. perience has demonstrated that fact. I have asked that that particular It is to be done with the consent or request of the governor. Where thing shall be declared the thing for which the public money shall be do I get that from? There is no Legislature in session. The Consti- · expended; and I am met with the argument that the committee have tution provides that the National Government, in the exercise of one always believed that the only power they had was to strip commerce of the most1mportant functions in aid of the State's well-being, shall o.t: con~gion . · do certain things. Therefore if I am wrong I am wrong in the lan­ I want to make my record here. I do not enterlain any such opin­ guage of the Constitution of the country in assuming that when cer­ ions. I do not want to stand upon them. I want to stand upon the tain matters of internal regulation are to be done the ~overnor shall be '7814 CONGRESSIONAL RECORD-SENATE. AUGUST -22,

the inviting and consenting powe~ when they are to be done in the freeze out yellow fever and keep it from spreading, because the only States. object of that provision is to keep it from Apreading in the interstate But why be so critical? The difference between the Senator from commerce of the country. I have asked Congress to make an approprin.­ Tennessee and myself is not· that difference. The difference is not in tion of $200,000 to do what? Not in the recommendation of a board the appropriation of public money; the difference is in the question of health to buy or build a house, but in therecommendationand under whether that money will be of any service as appropriated in the the discretion and the guard of the Secretary of the Treasury and the ri.mendqtent proposed by the committee. ~Iarine-Hospital Service to do what they have recommended to be done, I have said that the joint resolution does not extend the power of the to purchase and destroy hoUEes that are known now to be diffusing the Government at all. Let that be the point. I have proposed in this yellow fever through the country, and which by such :purchase· and de­ emergency to apply the former appropriation of $150,000 to do what struction may beyond all question, not as experimentally here, but be­ the Senutor from Tennessee says, to prevent the contagion from spread­ yond all possible doubt destroy the infection. ing from one State to another. ·I want it distinctly understood in the :Mr. SPOONER. Will the Senator allow me to ask him a question? country that before I asked the Committee on Epidemic Diseases of Mr. CALL. Yes, I will. the Senate to act in the matter I applied to the Department to use this Mr. SPOONER. The power which the Senator propOS"es by section money as the Government servants in charge of this business declared 2 of the joint resolution he introduced to vest in the Secretary of the was necessary for this purpose, and the Secretary of the Treasury and Treasury is a Federal power, js it not? the officers there told me they had not the authority under the form of Mr. BLAIR. It is to be vested in the Surgeon-General of the Marine­ language which the committee and the Senate are imposing upon them. Hospital Service. Mr. President, I want to say just a little more upon this subject in Mr. SPOONER. Well, the Surgeon-General of the Marine-Hospital reference to what Congress shall do to prevent the spread of contagion, Service. Is it a Federal power? as to what steps it shall pursue, and what that power means in practical Mr. CALL. What power? nse; not in general affirmation, which, like the text of the Scripture, Mr. SPOONER. The power to seize and destroy, under the condi­ is applied by every sect in support of their peculiar doctrine. What tio~ and regulations prescribed by the Secretary of the Treasury, in­ does the power to prevent cont-agion spreading from one State to another fected personal or other property. in interstate commerce mean? That is what we are talking about, not 1t1r. CALL. Why is it Federal power? this old saw which covers everything of the latitudinous extension ot Mr. SPOONER. Why is it vested in a Federal officer, then, by this the power to regulate interstat-e commerce. Let us see what it means proposed act of Congress, if it is not a Federal power? in practical application. On the 18th of April, 1879, I find this act, :Mr. CALL. I will tell you why. whir.h the Committee on Epidemic Diseases themselves recommended 1\Ir. SPOONER. If it be a Federal power-­ and which passed the Senate--the same committee that can not now ap­ Mr. CALL. Does my friend want me to answer? propriate this money to pay for the old rags and clothing, -not of the Mr. SPOONER. Will my friend permit me to finish my question? citizens of Florida, but of the citizens of New Hampshire who are in Mr. CALL. I will. Florida, for we have some there, and very excellent people, and I am Mr. SPOONER. If it be a Federal power, a power conferred by asking it for your people as well as mine- the Constitution upon the General Government, t-o be C..'lrried out by Mr. BLAll~. You have no old rags of citizens of New Hampshire governmental officers, upon what theory is its exercise made depend­ down there. ent upon the request of the governor of a State? Mr. CALL. Ob, yes, we have, and new rags, too; they all get old Mr. CALL. I will tell the Senator why, and I am surprised that after awhile. he should ask me that question. It is a good deal like the old argu­ Now, let us see what this ~me committee did-what specific act­ ment in Shakespeare between the grave-digger and Hamlet. It is a to prevent the spread of contagion. Bear in mind it is this same com­ distinction without a difference; a play on words. mittee to which my friend belongs who can not find it in their con­ Mr. SPOONER. I want t]Jismea.sure madeso that there shall be the science-- fullest power in executing the provisions of the act. Ifit shall be found :Mr. CHANDLER. I do not know what the Senator is going to necessary, in order to preserve the interstate commerce of the country, read, but he looks at me almost as eagerly as he urges this appropria­ to prevent the spread of the yellow fever or of the cholera, that a house tion. I wish to call his attention to the fact that I was not on the shall be destroyed or that a vessel shall be destroyed, I want the fullest committee at that time. authority given by legislation upon the Treasury Department to de­ JUr. CALL. I know, but then you have adopted its methods and stroy it; but I do not want the exercise of that power, which is in the doctrines now. general interest, in the interest of the whole people, in the interest of Mr. CHANDLER. Will the Senator then be kind enough to look the entire commerce of the country, to be made to depend upon the at the Senator from Tennessee (Mr. HARRIS], for instance; when he consent or upon the request of the governor of Florida or the governor emphasizes his point against the committee? of any other State. :Mr. CALL. I look at him as a. veteran who believes in this vast My question was not an idle question; it was not put to the Senator power to regulate interstate commerce, and! wanttoshowwhatspecific for the purpose of casting any ridicule upon his measure; and I should act be is willing to do to regulate it, and to see how far -it goes beyond like to have it answered in the same spirit in which it was put. the purchaee of old rags and bedding. Let us see: Mr. CALL. I am very glad to answer it. I am always entirely Be it enacted, etc., That the Secretary of the Treasury be, and hereby is, au· courteous to the Senator, and his suggestions I appreciate. It is not thorized- my habit to answer questions otherwise than in the spirit in which Just like I propose to authorize the Secretary of the Treasury­ they are put. to contract- Mr. SPOONER. I do not put it as an absurd question. For what? Mr. CALL. The question is, why do I put what I regard the exer­ for the purchase or construction- ciseof the power, which in this r~pect and to the extent it can properly You can not only buy, but you can build- be used is a. Federal power, the seizing of this property, in conjunction with the State authorities? '!'hat is what the Senator asks. I will of such steam vessel­ answer it if he will listen to me. It is because many persons think, And what else? the Senator from Tennessee thinks, I think, that there are certain .And refrigerating machinery. things within a State, within its jurisdiction and power, which as an If you can freeze yellow fever out, surely you can burn it out. If exercise of power can not be done by the Federal Government. you can build a boat to freeze it out or purchase a boat to freeze it out, Mr. SPOONER. But this relates only to interstate commerce. What surely there is no great constitutional difficulty in purchasing a. house jurisdiction has the State over interstate commerce to the excln.sion of to bum it out. If there is I can not see it. I may be very obtuse, or the Federal Government? I may be, as my friend says, very stupid and wicked as to States M.r. CALL. There is a very plain answer to that question. Here rights, but I can not see that, and I am willing to acknowledge it, if is a house or here is an animal within a State; it is not engaged in in­ that be obtuseness. terstate commerce, but there is the existence of infection and disease Or to arrange with the Navy Department for the use of such vessel as may be in it. I hope the Senator will listen to me. If he wants me to answer recommended by the National Board of Health- I will do it. That does not require even the Secretary of the Treasury or the Presi­ Mr. SPOONER. I am listening. dent; it is the National Board of Health, -whose recommendation is to :Mr. CALL. Here is an animal within a State. It is not now the build this refrigerating maehinery- subject of interstate commerce, but the fact of its having a con~crious to disinfect vessels and cargoes from ports suspected of infection with yellow disease, as pleuro-pneumonia, affects interstate-commerce man,u forti; fever or other contagious disease; the construction of the same, if such construc­ tion shall be recommended by said Board of Health, to be under the inspection the Federal Government can not go there and take that property by any of an officer of the Bureau of Steam Engineering of the Navy, who may, at the process, nor pass a law to do it. That is the opinion of a great many, request of the Secretary of the Treasury, be detailed by the Secretary of the and I think so, too. Be it right or be it wrong, it is certainly the opin­ Navy for that purpose; and for the purpose of such purchase or construction, the sum of S200,000, or so much thereof as may be necessary, to be immediately io:rt of many persons. There .is that house in that locality not engaged available, is hereby appropriated out of any moneys in the Treasury not other­ in jnterstate commerce. Perhaps the man who bas the yellow fever wise appropriated. and the infected house has not and never will have anything to do with Here you have the building of a ship and refrigerating machinery to interstate commerce, but the fact of the infection of the house or of the 1888. CONGRESSIONAL RECORD-SENATE. 7815 man's having it affect'! the interstate commerce. Yet it is in tbejuris­ But it is a menace to other parts of the country. It may extend to all dicUon absolutely of the State and the State law. I say with the con­ the Southern States. It may next appear in Savannah, or in Charles. sent of the State authorities the power ofthe Federal Government should ton, or in Norfolk, or it may traverse farther west and appear againin be exercised to establish a wise system of policy by which that bouse Memphis. If not successfully resisted in Florida, its ravages' may be and that man will no longer be a source of contagion. That is all there extended far and wide. _ is in it. What does the law say? The people of Jacksonville are scattered all over the country. They I shall not detain the Senate longer. I bad the statutes here in re­ have been compelled to leave their homes; they have been compelled lation to the-prevention of the spread of pleuro-pneumonia, by which to a.bandon their business; they have been compelled to flee to other I wished to show that in all these cases they have acted in harmony parts of the country in order that they may have a. refuge. So this is with the State authorities and the State board of health and all the not a question in which my State or in which any particular city, town, local authorities on the request of the governor. For that reason I in­ or county is interested. It is a. matterin w bich the people of thewhole troduced the joint resolution in the form in which it is, and for the United States are concerned, and though the fight is now upon the further reason that there is no other authority in the State of Florida Florida line it may very soon be removed farther north or west. existing to-day except· the governor which is authorized to represent We are all agreed as to the necessity of meeting the danger and re­ the State in respect to this matter. sisting the prog,ress of the disease, and I believe that there is a sub­ Now, this is a practical question; that is all there is aboutit. lam stantial agreement as to the amount of the appropriation, and if the willing to commit myself to the proposition, and I desire the issue dis­ question were put at this moment the report of the committee as to the tinctly made, that the money of -the Federal Government shall be ap­ amount would be sustained by the unanimous vote of the Senate; but plied to the specific thing with the consent of the State authorities to the question is as to the way in which the money shall be expen~d. do whatever is necessary to be done for the prevention of the spread of Without desiring to consume too much time, I should like to call contagious disease from one State to another, whether it is paying for attention to the recent action which has been taken with reference to property to be destroyed, the removal and support of people liable to this matter in the last Congress. On pa,ge 524 of the acts of the Forty­ the disease, or any other thing useful or necessary to the suppression ninth Congress this power is given to the President: of an epidemic, contagious, or infectious disease. The President of the United States is hereby authorized, in case of threatened I want to make that record, and I want to put in the RECORD, with or actual epidemic of cholera. or ye]Jow fever, to use the unexpended balance of the sum appropriated therefor by the act approved August 4, 1886, in aid the consent of the Senat~, these acts in regard to the prevention of of State and local boards or o therwise, in his discretion, in preventing and sup­ pleuro-pneumonia in the animal industries. What I have asked and pressing the spread of the same and for maintaining quarantine and maritime what the Senator from Tennessee now refuses to do fortbefever-stricken inspections at points of danger; and the President is further authorized to use of the same unexpended balance a sum not exceeding $10,000 for the purpose of people of Florida and of the Atlantic coast, is the specific thing which investigating the merits of the method practiced in Mexico and Brazil for pre­ .bas been done in regard to animals in the prevention of pleuro-pneu­ venting yellow fever by inoculation. ·mon.ia, that is the purchase and destruction of the infected property which is spreading the infection, w bile in this case it is the diseased and At a former session of the Forty-ninth Congress, on page 247, this infected bouse. In the anim::tl-industry law both can be done. They power is given to the President, similar to the other: can seize and kill the animal. Of course you can not do that with a The President of the Unit-ed States is hereby authorized, in case of threatened or actual epidemic of cholera or yellow fever, to use the unexpended balance ot human being, but they also seize and destroy, with the consent of the the sum appropriated therefor by the act approved March 3, 1885, in aid of State State authorities, the infected property. They burn and destroy that. and local boards or otherwise, in his discretion, in preventing and suppressing No man can find a distinction between F:eizing and destroying infected the spread of the same and for maintaining quarantine and maritime. inspec­ property in the two cases. tions at points of danger. The Congress of the United States and the public policy of this coun­ Under this power the question has been raised whether the destruc­ try should be bound to do what the Senator says the law does notre­ tion of property could properly be authorized under that section, and quire them to do. When they take a man's bouse for the purpose of whether when the property was destroyed the appropriation now pro­ preventing the spread of' contagion which would affect the interstate posed could be made available to pay for it. 1\fy ({Olleague has already · commerce, whether it is in Wisconsin or in Florida, the law sb.ould referred to the letter-perhaps he read it-from the Surgeon-Gen­ provide that the United States shall pay for it, that distinct issue would eral upon this very point. I will read the clause of the letter which be made. And when they take the clothing from a poor man and refers to this matter. It was written in response to a verbal request his wife and children in order that it may not spread a contagion in on the part of the delegation from my State, Senators and Representa­ the interstate commerce, although it still continues to clothe the peo­ tives, who waited upon the Supervising Surgeon-General and talked ple who are not subject to the contagion, I want the law to say that this matter over with him, after my colleague had talked with tha this poor man shall be paid for it, and I want it not only for the ben­ President in reference to it, and I think our conferences also included . efit of the sufierer himself, but I want it for the benefit of the people one with the Secretary of the Treasury. oft,hewholecountry, because that is theonlypossiblemethod in which TREASURY DEPARTMENT, the infected property can be brought to light and destroyed, and to OFFICE SUPERVISING SURGEON-GENERAL, in UNITED S'.rATES M...utiNE HOSPITAL SERVICE, such a conclusion have all the authorities in Florida who have been Washington, .August 9, 1888. contact with this disease arrived. These are principles of legislation Srn: Referring to our conversation of this morning, I have called at the De­ which should be recognized. Florida is the healthiest State in the J>artment and conferred with Assistant Secretary Maynard in regard to the mat­ Union. This fatal disease will soon pass away from her, but without ter, and have to say that the Department is of opinion that no existing law will authorize the destruction of any infected house in a State, but if Congress should this legislation it will find a lodgment in other cities and other States. make an appropriation to reimburse the State of Florida, or the individual 1\'lr. PASCO. Mr. Presid.ent, I am very reluctant, after so much owner, for the destruction of any house deemed infected so that disinfection time has been consumed in discussing this matter, to trespass further could not be effectively performed, there would be no objection to the officers of this service acting as appraisers t-o determine the value of the property and upon the patience of the Senate and upon the courtesy of the Senator superintend such destruction. from New Hampshire (l\1r. CHANDLER], who has very kindly given • • • * way in order that this measure might be taken up at the present time. * JOHN B. HAMILTON, But before a vote is taken I should like to state very briefly the ques­ Supervuing Surgeon-Ge-ne1·al. Hon. WILKINSON CALL, tion that is before the Senate. United SCates Senate. There seems to be no hesitancy upon the part of the committee or upon the part of the Senate as to the wisdom and propriety of making It is believed by many eminent physicians who are acquainted with this approprilltion for the suppression and prevention of the spread of this disease that it is often necessary to destroy personal property and this disease. The committee bas unanimously favored the amount sometimes buildings where there are decayed timbers exposed or other recommende

I - . i

7~16 CONGR.ESSIONAL RECORD-SENATE. AUGUST 22, this sum in the purchase and destruction of diseased or exposed animals and action of the States. We are undertaking here to do that which is the quarantine of the same whenever in his judgment it is essentia.i to prevent the spread of pleuro-pneumonia. from one State into another, $100,000of this sum Jargely within the purview of the States. Florida, Louisiana, and all or so much, thereof n.s may be necessary to be immediately available. the Southern States, of course, have some interest in this matter, and Then, on page 103 of the ads of the :first session of the Forty-ninth we are proceeding somewhat generously, I think, although necessariiy Congress, the following appears: and advisedly; but when it comes to enter upon the question of the For carrying out the provisions of the act of 1\fay 29,1884, establishing the Bn­ destruction of property, it is entirely within the range of pos ibility reau of Animal Industry, $100,000; and the Commissioner of Agriculture is that old buildings and things of that kind desired to be disposeu of hereby authorized to use any part of this sum he may deem necessary or ex­ may be unloaded on the United States. I think if property is to be pedient, and in such manner as he may think best, to prevent the spread of pleuro-pneumonia, and for this purpose to employ as many persons as he may paid for it had better be paid for by the States themselves. At all deeru necessary, and to expend any part of this sum in the purchase and de­ events, we had better let that remain until we know more about what struction of disensed animals whenever in his judgment it is essential to prevent this measure is liK:ely to result in. the spread of pleuro-pneumonia from one State into another. Mr. CEIANDLER. I hope the Senator from Florida will witbJra.w 1\Ir. Pre ident, I do not consider it material as to this argument as to the amendment to the amendment, otherwise it will result in a pro­ what section of the Constitution this power has been exercised under. longed debate. When the President of the United States, the Secre­ It seems to be the policy of the Government to prevent the spread of tary of the Treasury, and the board that has the suppression of yellow disea e among cattle by purchasing propert.Y and destroying it, and I fever in charge, are given authority to do anything which they .,ee fit do not propose in this discussion to turn to the article or section or line to do, when they aregivenabsolutepowerwithoutauyliznitation what­ of the Constitution under which this authority is exercised or upon ever, it seems to me the Senator had better let that power remain as wl}ich this policy is based. If the last Congress did right in thus leg­ it is, and not undertake to introduce specifications, because if you are isfating to prevent the spread of disease among cattle there is no reason going to introduce one specification, you may as well undertake tQ.in- why that same power should not be exercised to preserve human life troduce another and another. · and to protect the people of this country from infections and contagi­ I beg the Senator not to press the issue in a shape which ·endangers ous diseases. the passage of the measure which he and his colleague affect to think I regret that the committee has not clearly exoresseu this power and is an important one for immediate passage, but to leave it where it is. has not taken some action to incorporate the proposition in the joint With the amplest supply of money, the fullest po sible power to do resolution which has been offered, so as to give it in unmistakable anything under heaven the officials in charge see :fit to do, I beg the terms in some manner under such regulations as may be necessary. Senator not to leave the impression on the Senate and let the impres­ '.rhe form is perha.ps immaterial, but it should be expressed in some sion go to the country that they are anxious to have some property in shape that Senators can agree upon, so that it may hereafter be exer­ Jacksonville, real estate and personal property, or anythiog else, sold cised in accordance with law whenever it may be necessary. This to the United States at a valuation. I trust the Senator, in the inter­ power unqoubtedly has been recognized as existing in the past, and I est of what he is trying to accomplish, and what he and his colleague trus~ it will be clearly incorporated in our present legislation, either have been urging upon the Senate, will withdraw the amendment to by adopting the joint resolution in the shape in which it was originally the amendment, and not ask the Senate to vote it down, as I am sure offered in the Senate or by making some appropriate amendments to it will. the substitute reported by the committee which shall carry out the Ur. BLAIR. I would like to ask my colleague [Mr. CHANDLER], design in view when the joint resolution was .first introduced. who was upon the committee, whether he understands that the resolu­ The agreement of the Senate is manifest as to the amount, and I tion now includes the power to destroy property? trust we shall :find some way to lay down in unmistakable terms the Ur. CHANDLER. Not in terms. grant of the power to destroy infectious property whenever it may be Mr. BLAIR. Well, in fact? the means of spreading disease, so that the interstate commerce of the 1\ir. CHANDLER. Unquestionably in fact. country and the postal arrangements of the country and the business Mr. BLAIR. Then there is no need of the amendment. of the country at large may not be impeded and rendered dangerous. Mr. CHANDLER. Unquestionably to stop pestilence they can do ·The PRESIDING OFFICER (Mr. FRYE in the chair). The ques­ any.thing they please, and when the Senator from Florida puts in ''in­ tion is on agreeing to the amendment offered by the Senator from Iowa cluding the destruction of property" he is limiting the resolution in [Mr. WILSON] to the amendment of the Committee on Epidemic Dis­ fact, and by insisting upon it he creates the impression that there is a eases. determination down there somewhere to have something destroyed Mr. HARRIS. There is no objection to that amendment. It is that it is not necessary to destroy in order to stop the yellow fever, and proper. the cholera if it comes into Florida. The PRESIDING OFFICER. Withoutobjection, it will be agreed to. Mr. PASCO. The necessity for that, I will say to the Senator, is the M:r. HARRIS. Let it be read. I do not know that the clerks have it. fact that the Department at present does not seem to think that the The PRESIDING OFFICER. The amendment to the amendment existing law goes so far as to allow it. will be read. Mr. PLUMB. The Senator will either have to speak a little louder The CHIEF CLERK. It is proposed to add to the amendment of the or Senators will not hear him. I cau not hear anything he is saying. committee: Mr. PASCO. I will state again, then, that the importance of plac­ Or into the District of Columbia from any State or Territory, or into any State ing that clause in the resolution comes from the fact that the Depart­ or Territorv from said District. ment at the presenttimedoes notrecognizethattheexistinglaw,which The am-endment to the amendment was agreed to. is nearly as broad as the resolutionnowreads,gives that power. I will also Mr. PASCO. I should like to offer an amendment to the amend­ call the attention of the Senator from N:ew Hampshire and the Senator ment of the committee. I move to add after the word "otherwise," from Kansas to the fact that that power exists, as broadly as here, in in line 9, "by such means as he shall deem best." tbe law which I read awhile ago in reference to these cattle, and tha.t Mr. SPOONER. I suggest to the Senator to add the words "includ­ no harm seems to ha\e come to the country from the very broatl power ing the destruction of property when necessary." that bas been given to the Commissioner of A~riculture in those statutes. Mr. COCKRELL. I hope that will not be added; I think that is · It does not seem to me that there can be any danger of giving too going a Jittle too far. much power by putting in such a provision as this. While not will­ Mr. SPOONER. ' Very well. ing to call for the yeas and nays on the subject, I should like to have Ur. BLAIR. Will the Senator agree to add a provision for adequate the views of the majority of the Senate with reference to it, and will compensation when necessary? cheerfully yield to the action of the majority whate>er it may be. In Mr. COCKRELL. No, I am opposed to that. the other act referred to, power was given to the Executive Depart­ The PRESIDING OFFICER. The amendment proposed by the ments to dest.roy property in the shape of cattle without resulting in Senator from Florida [Mr. P .Asco] to the amendment of the committee any harm., and I do not think any danger will result by giving a like will be stated. power under this resolution. The CHIEF CLERK. In line 9, after the word ''otherwise,'' it is pro­ Mr. PLUMB. But there is this very important difference between po ed to insert "by such means as he shall deem best;" so as to read: tbe two cases: In the power which is embraced in the bill caped the To be-expended in the discretion of the President of the United States in aid ,; pleuro-pneumonia bill" t~ere is a very narr?w limi~tio~ in regard of State or municipal boards of health, or otherwise, by such means as he shall to cost or in regard to the pnce to be paid, wh1ch practically prevents deem best, to prevent the introduction of cholera or yellow-fever into the United States from foreign. countries, or into one State or Territory from another, or any possible abuse of the power. into the District of Columbia from any State or Territory or into any State or 1\Ir. REAGAN. And it must be done under State authority. Territory from said District. Mr. PLUMB. And it has to be done, besides, under the State au­ The amendment to the amendment was agreed to. thority, as suggested by the Senator from Texas [Mr. REAGAN]. Wb.ile

,Mr. PASCO. After the word "best," in the amendment just agreed I am willino-0 myself to do everything I can to supply funds and gtve to, I move to insert "including the destruction of property;" so as to authority to meet the situation as it exists or as it may exist, I do not -read: believe that it is wise to encumber this resolution now with something To be expended in the discretion of the President of the United States in aid that is liable to lead to very great abuse, but that we had better pro­ of State or municipal boards of health, or otherwise, by such means as he shall deem best, including the destruction of property, to prevent the introduction uf ~eed under the more limited authority; as I think, which is contained cnolera or yellow fever into the United States from foreign countries, or into in the original proposition, until we see that it is necessary, because one State or Territory from another. · it can not be held that this would add to the efficiency of the proceed­ Mr. PLUMB. It seems to me that that matter might be left to the ing, hut it would only enable somebody to get paid for the property de-

I . 1888. CONGRESSIONAL ;RECORD-SENATE. 7817

IBtroyed, and offer an inducement to proceed to a length which perhaps all the clothes that the people of Florida wear. What a proposition might not be necessary. It would }Je entirely possible, of course, by is that, that you can not trust your executi >e officers with the expendi­ the deposit of a single yellow-fever patient in a row of buildings in the ture of $200,000 for fear that they will be corrupted into buying prop­ suburbs of Jacksonville or Tampa to make an assumed necessity for erty to a large extent in the State of Florida. -Why, Mr. President, the purchase and destruction of the entire property, although it might, the suggestion is unworthy of this place, of the magnitude of the oc­ for aU purposes of sale or occupancy, be unnecessary to resort to such casion, and of the great object to be accomplished. a step. I appeal to the ~enator from Kansas [Mr. Pr~UHB], whom I sup­ While we are on the threshold now of a class of legislation to which ported in inserting into the pleuro-pneumonia bill the provision "to we have heretofore given very little attention, it seems to me we ought expend any part of this sum of $200,000 as he may deem necessary in not to go into any domain which will leave us in any doubt as to the the purchase and destruction of diseased or exposed animals.'' You Tesult·, or as to what may be absolutely necessary for the suppression can buy a diseased animal, and you give only twenty or a hundred dol­ of diseases. The question of compensation to property owners can lars or $500 for it, and I say to the Senator from Kansas that many of very well come in later; but I think that very much less cost in that these animals so diseased are of greater value than many of the poor matter will arise if we do not provide for it than if we do. houses that will be burned under this appropriation ; and yet these Mr. HALE. I can add nothing to this discussion,except tosaythat houses are all that some poor people have. One of these cows pr.)vided as a member of the committee that reported this measure I gave it for in the pleuro-pneumonia bill costg more money and is worth more some careful attention. Let me suggest to the Senator from Florida, money than tlle poor houses of some poor people that will be destroyed who of'ered this amendment [Mr. PAsco], that there are two reasons in Florida. w by he should not press it. In the first place any exercise on the part Our people are feeding themselves. We have not accepted the offer of the General Government of its discretion, its authority in the direc­ of rations from the Government of tlle United States. They are send­ tion indicated by"his amendment, should be most carefully done. It ing away the people of other States who are themselves too poor to go, should receive no encouragement in the direction of amplifying any at the expense of the people of Jacksonville; and with magnificent such authority. liberality and charity they have declined aid for any other purpose than I met this morning the gentleman who is at the he:1d of the bureau that which is absolutely necessary. But they have appealed here by in the Department of the Treasury which has charge of this matter, these resolutions, and have said, by a consensus of opinion of all the Dr. Hamilton, who was journeying South for the purpose of giving people there and of the medical force there, that these houses which personal supervision to this most important subject. He asked me, as are the foci of infection, as they term it, ought to be destroyed, and was natural, what I thought was the extent of his power, and referred they have not the money from private charity to pay for them, nor is to this resolution as reported by the Committee on Epidemic Diseases. it right that they should spend their money to prevent infection in the I was able to say to him, from my own conviction, that if it became interstate commerce. Here is your legislation about animals providing necessary in order to prevent the introduction or the spread of cholera that the same thing may be done to save animal property which we ask or of yellow fever (we were talking about yellow fever mainly) he may be done to save human life. might under the measure that the committee had rep(>rted exercise the Ur. PLUMB. Let me call the attention of the Senator from Florida power of the destruction of property; -that in an extreme case it might to the fact that the.re is no parallel in the cases cited by him, nor could be done under this general authority. I have no doubt that he might there be, unless the bill he read from had provided for the destruction do that in an extreme emergency. of the stables in which the animals were housed. So there is nothing But let me suggest to the Senator from Florida that if he insist:B on in that comparison at all. urging thi.§ amendment and its voted down, as I make little or no donbt Now, the Senator has undoubtedly got in mind some houses that he that it will be, he is then confronted with avotewhichput:Bthe burden wants destroyed and paid for. If he would enumerate them, that on the other side and wonld render it di:fficnlt and perhaps impossible would be a different thing. I do not want to interfere with any par­ for the officers of the Government executing this law to destroy prop­ ticular object that the Senator has in view. If he has any special inter­ erty under any circumstances. He will ha.ve got the negative action est of that kind to subserve, any constituents whose houses he wants of the Senate on that proposition. Therefore, for that thoroughly taken off their hands, I would feel like obliging him in that partic- _practical reason I hope he will not insist on his amendment. ular. _ The PRESIDING OFFICER. The question is on the amendment Mr. CALL. Ishouldlike to ask theSenator fromKansasifhethinks offered by the Senator from Florida [Mr. PAsco] to the amendment. that is an argument tliat heis making, the suggestion that the Senator Mr. COCKRELL. Upon that I call for the yeas and nays. from Florida has some houses in mind that he want:B destroyed in order M:r. BROWN. Let the amendment be read. to benefit some of his constituents! I ask him if he thinks that is an The PRESIDING OFFICER. The amendment will'be read. argnment in reply to the statements made by all the medical and ex­ The CHIEF CLERK. After the word "best," in line 9, it is proposed perienced authorities and laymen who have been in contact with this to insert "inclucing the destruction of property;" so as to make the great scourge, who say tha.t they are of opinion that certain houses provision read: which are ascertained by them-not by the Senator from Florida, but To be expended in the discretion of the President of the United Stat~s in aid of State or municipal boards of health, or otherwise, by such means as he shall by these people-and which may be decided by the President or the deem best, including the destruction of property, to prevent the introduction Secretary to be spreading contagion in the interstate commerce ought of cholera or yellow fevet· into the United States. to be destroyed. What a reply to that proposition that the Senator The PRESIDING OFFICER. On the adoption of this amendment from Florida doubtless has " some houses " in his mind that he wants the Senator from Missouri [Mr. CoCKRELL] calls for the yeas and nays. destroyed to benefit his constituents! . The yeas and nays were or~ered. ?Jir. PLUMB. The Senator said that the expenditure would not ex­ Mr. COCKRELL. I hope the Senate will vote down this amend­ ceed $20,000, and he must have known where it was to be paid. He ment. That we should undertake to pay for every house in FlOrida in said the houses belonged to poor people in Jacksonville and were not which yellow fever may exist, and that we should undertake to pay for of as great value as a single animal named in the pleuro-pneumonia all the clothing worn by the people of Florida who may come in con­ bill. I was therefore justified in saying that he knew where the tact with the yellow fever, is, it seems to me, too absurd a proposition money was to be spent and for whose benefit. for argument. 1\Ir. CALL. Let me relieve the mind of the Senator from Kansas Mr. CALL. If there is anything that is more absurd than the state­ by saying that I do not know of a single house in Jacksonville that is ment which the Senator from :Missouri [M:r. CoCKRELL] ha-s made, I the focus of any contagion, nor a single house that ought to be de­ can not imagine what it is. Nobody asks that Congress shall pay for stroyed any more than the Senator from Kansas has knowledge of any all the clothes. that the people wear in the State of Florida nor that cows that should be destroyed under the authority given in the pleuro­ they shall pay for all the houses in the State of Florida, nor are the pneumonia bill, and I would be ashamed to suggest that the Senator Senators from Florida at all affected by the idea that the country will in his strenuous advocacy of the pleuro-pneumonia bill had for his ob­ understand that they are begging the United States to buy some prop­ j ect the payment to his constituents for some Kansas cows. erty in Florida. These are very poor suggestions and quite unworthy Mr. EDMUNDS. I should like to ask the Senator from Florida, of so important a subject. though not in connection with the precise matter he is discussing with _Mr. President, this resolution, if passed, will not probably cost the the Senator from Kansas, what is the reason that the State of Florida, Government of the· United States $20,000, and yet the passage of this like the State of Vermont, is not capable in point of law and able in amendment will save the Government of the United States probably point of means to get rid of a local infection which exists in a pru;tic­ two millions of lives of pMple and millions of money, for who can tell ular part of her territory, at her own expense? That is a point I what day the yellow fever in its most flagrant form may be communi­ should like to understand. cated to Savannah, to Charleston, to Washington City, to New York, ?!Ir. CALL. I will endeavor to explain that to the Senator from and what man stands here to say that he can reasonably guaranty or Vermont [Mr. EDMUNDS]. In the first place, there is no Legislature can give even a probable reason for supposing that the-infection Will not sitting or which has been sitting in Florida for, I think, over a year­ spread with the rapidity which it ha-s done in former years and in com­ that is one reason-and there is no appropriation. Then the State of munities w-here they have not the sa.lu brity of climate and atmosphere Florida has never before had an epidemic of this fever that has re­ that we have. mained so lonO' and extended so far into other localitie.s. Heretofore it What an absurdity for men to attempt to predicate legislation, in the has been confi~ed for a few months to oii"e or two ports. On this occa­ presence of a danger of such a character, upon such ahvoothesis as that sion it has spread since last summer, when it was an epidemic on the it will not spread or that the President of the United- States will boy coast, one place and in Key West. It has followed the line of railroad- 7818 CONGRESSIONAL REOORD---SENATE. .AUGUST 22,

the new lines of c'ommunica.tion-to the extreme verge of the northern An act (S. 915) granting a pension to Susan-Edson; part of the State, stopping in one or two localities. The State of Flor­ An act (S. 2253) granting a pension to Mrs. Alvis J. Hockey; ida bas no legislation at this time applicable to the case. The epidemic An act (S. 2579} granting a pension to Mrs. Maggie A. Ward, for- does not stay its ravages for the Legislature to assemble. merly Miss 1\Iaggie A. Egan; Mr. EDMUNDS. How long does it take the go.vernor oi Florida­ An act (S. 1325) for the relief of JohD.l\IcKernan; ! suppose he has the constitutional authority-to ca.ll a special session An act (S. 1609) for the relief of James McLaughlin; , of the Legislature, if you have no general laws bearing on that subject? An act (S. 1122) granting an increase of pension to Willian Collins­ 1\Ir. CALL. I suppose it would take the governor thirty days to ex­ worth; and tend information throughout the State and gat_her the members from An act (S. 3248) for the relief of John W. Durr. the State in all directions. I will ask my colleague if he does not BUST OF G.A.RffiA.LDI. agree with me in that? .Mr. EVARTS. Mr. President, I had given notice that I should call Mr. PASCO. Fully. up this forenoon the resolution relative to the statue of General Gari­ :!llr. CALL. I will say further that the people of Florida in many baldi, and I now find a protracted debate and another one coming on. of these localities are scattered widely and there is a panic through I propose, therefore, to give notice that in the morninghourto-morrow the country) so that the times are not favorable for considering ade­ I will make the observations I had intended to make to-day. quate legislation. And further I say, with all the legislation of Con­ .·. gress looking to the prevention of the spread of contagion from one MESSAGE FROM THE HOUSE. State to another, vote

7820 -CONGRESSIONAL-RECORD-. SENATE. AUGUST 22, , ------~------.------~------1 beating him and his family, gave him fifteen days to lea'\e the county under I said that the first fact which will justify an investigation is the face penalty of death, statmg that he should never testify against the men who shot him. _ of the returns. . I do not know that the Senator from Louisiana or any 9n Thursday night the mob beat the old negro almost to death. Being a other Senator will venture to assert on the floor of the Senate that there cr1pple and old and hel~less be fell an easy prey to the disguised demons, who were a~t~1ally cast 136,746 votes on the 17th of April last in the State n.ever left t.he house unt1l they were notified by watchmen, whom they had sta­ tioned around th~ house, that the alarm had been given, and that the people of of. LoulSmna. for Francis T: Nicholls. I doubt whether any Senator the tow11: were b emg ~wake~~d. The! .quietly .withdrew, leaving the old negro will say that he honestly believes that that number of >otes for Nicholls covered m blood and m a fttlhng cond1t10n, whlle his wife and child ran ft·om found their way into the ballot-boxes and that the result returned prrevions electlons . The entire vote o( the State, as counted for Nicholls and Warmoth, and offi­ since 1852, which I will insert in the RECORD: cially promulgated by the secretary of state, Oscar Arroyo, is as follows: Louisiana elections. l<'mncisT. Henry c. f>RIOR TO THE REBELLION. Parishes. Nicholls, Warmoth, Democrat. Republican. For whom vote was cast. Total Years. No. of vote• Acadia...... 1,688 149 . 2,715 1,334 1852 ...... 17,255 !:;~:~1~~::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1,902 2,159 18,647 Avoyelles ...... 2425 1,310 1856 ...... 20,709 Baton Rouge, East ...... 1:984 2,606 22,164 I, 712 45:J 1857 ....•..•. 16,325 1,923 21,402 4,213 3~ 181>9 ...... l5,5frl ~E~:~0.::~,~~;;;;::.::;.:~:i::~;::-::::::;::.:~:~::~~:.~::;;:ii:::;;:~~~:;:: 4,802 24,434 Calcasieu ...... •...... 2,297 h~ 1860 .• •....•. 20,204 Caldwell ...... •...... •..•..•... 671 402 2 g:~~ftF:~i·:::·.::::·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2,680 285 30,306 420 81 g~~g~ ~;: ~~~::.::·:. :·:::.::·.: :·:.: :·.:·::.: :: :::·:.::: :::::::::::::::::::::::::::::: 992 885 2,397 768 SINCE THE REBELLION. g~~~:ft!:::::::·.:·:::.:::::::::::::::·.::::::::::::::::::::::::::::::::·:::::::::: 4,219 145 1,865 7 22,312 . 2,276 : 1865•.••••••• 2,038 37 5,497 l;l~tfu.:.·~~~·:·.:·.::::~:~~~:~:":·:~·~·:::::::~:.:::::::::~·:·:·:·:·~~.:.:jj:·:·:·:::~~~·j:·~~~~~~~~::·~~;j:·~~ 9frl l 1867 ...... 75 085 58"2 f~~~i;;~:~~:::~~~~:~::~~~~:~:-~:~:-~~~:~:~:~;.~~~;;;~~~~~~:~~~: 4:006 1,923 ~&3 1868. .•.• , ••• Sprmg election : it£~~~·~·::::::::::·: ::::::::::::::::::::::::::::: ~ ::·.:_::::::::::::::::::::::::::: 1,802 2,610 65,270 Jackson ...... •.....•...... 963 7 38,ll8 855 1,281 33,263 i~ff;~s:r~b.·~·::::.:·:::::.·:.:::·.:::·:.:·:.::::·.:::: ·. ·.:·.·.::::::::::::::·:·:. :::::::·:.::: 2,702 1,548 80,225 La Fayette...... 1,708 1, 2.34 1870 .•.•.•.•. 66,428 40,960 1,273 1872 ...... 'i66 ...... 192 59,975 3,530 71,653 1,584 ····················14 ~f!t~riliii!-\!!:l:;t;\!\-:;!~~ltl~~;;l\;~ 66,467 jJ!j~Ei·:~:::LLiiH:::E:i:HH~E:iiiiiHH)):::. 3,373 285 Greeley by another count...... !l7,029 2,994 5 Kellogg, by one count ...... •...... 55,973 27,824 ll,142 Kellogg, by another count...... 72,890 ~f!~~~~:i~~~::::::::::::: ::::::::::::::::.:_:.::::::::::::::::::::::::::~::::::::: 971 1,678 1872 •.•.•..•. 65,579 1,946 1 54 079 ~~~~~~~.~.~.~~ : ::::::::::::::::::::: : :::::::::::::::::::::::::::::::::::::: ::: 4,618 ·~~ 1876 ..•.•..•• 75:315 1,679 78 77,174 1,m 63 70,508 1,441 2 sa, 723 F~~~~~~t:·;_i~:-;r;;;r;;_-:;;:rr:\\\-:rrr·:r:::: 76,624 904 396 172 l,'ir77 Packard, by another count..•....•••...... ; ...... •...... ,_ 76,477 846 'irlO 71,198 593 1,216 84,487 898 2,1 1 1879 .•••••••• 42,555 3,909 3,278 74,098 1, 624 188(). ...•..•. .. 38,637 I · 1,107 :~~t.r.~~ss~f~(···:_:):-i:_~--~:-_:_::_:_:_:;f·:;-:l.:·:::· \~:~~ 65,067 2,885 1 912 ·~~ 1882 ...... Republican Congressional vote ...... 26,422 4,627 113 Democratic Congressional vote ...... 58,825 1,687 2,033 1884 .•....•.• Spring election : 1, 249 629 Stevenson, for governor_ ...... ••..•••••...... ••••...•• 43,502 2,369 91 88,794 1,687 619 Blaf:~~~.~~:'.:.:~~.~~~~~~~.~::·::::::::::::::::::::::::::::::.:·::::::.:·.:: 46,347 Cleveland ...... ······- 62,540 ~~ ...... m 1886..•.••.•. 22,923 1,506 3'>..5 ~!~~~~;rt~ ~~i~!~i~~!\ ;~~::::::::::::::~:::::::::::::::::::::: 60,134 1, 196 83 1888. ....•.••. Warmoth...... ••...... 51,993 Nicholls...... 136,74.6 Total ...... 1------136, 746 1------51, W3 I have also a table of the Louisiana Congressional votes from 18'"/0 to Nicholls's majority, 84,753. 1886, which I will insert. • .. 1888. CONGRESSIONAL RECORD-SENATE. 7821

·Louisiana Cong>ressional votes, 1870-1886. ---- 1870. 1872. 1874 (redistricted). 1876 . 1878.

... co · Ill(!) .,.co Ill CO - CO"' CI)Q ~ ~ Cl) ... ~ 4i ~ ~aS .£ i ;..aS Q)Q .£ .£ i oGI ~o 0 0 0 0 ~o 0 0 0 0 0 0 1>- 1>- 1>- oGI col' • aS ::..Q :> co"' 1>- 1>- 1>- l> l> 1>- Districts. II)"'QIQ) a.. tl.O 0 l:l 0 d QICI) at-~ 0 s:l 0 d 0 Q ~aS ~ aS aS S::aS aS 'd§ Cl) .... -~ aS aS 0 ~ ~ aSo ~ 0 ~ 0 ~ 0 f ...... 2 a;:... '0 ~ 0 -o~'O 0 ...0 0 Ql+>ll) Ql~., ;o 0 :a 8 :0 ~ka; 0 :a 0 :a 0 .SQ ~ ...... ~ ~ ...... ~ ~ ~ -cocil OGIC:: a Q. a P. ~~.ao a a p. a p. -:--QI (I) (I) Ql Ql ..=i!: .... ~~~ Ql Cl) ~t'O 8o;.. A p:; A p:; iS: .. o 8o:-. A i A ~ AQl I p:;Ql ------~ First district...... ;...... 15,150 11,000 10,221 15,716 12,225 12,299 15,150 14,000 15,720 11,121 14,876 11,978 12,419 7,113 Second district ...... 17,282 12,717 7,640 17,512 15,453 17,068 17,000 15,000 13,900 13,500 14,H5 ll,516 10,263 6,076 Third district...... :...... 15,307 19,019 8,123 I3, 220 7, 724 I8, 610 12,370 I3, 600 11,921 13,273 14, 695 15,782 10,296 7,163 Fourth district ...... 13,871 19,24.0 7,171 11,786 7,752 I3,787 9,985 14,400 11,7'!5 7,593 12,136 11,540 14,423 I,756 Fifth district...... 11,188 I8,875 6, 713 9, 521 8,597 14,060 9, 776 17,390 11,033 12,279 13,016 I4, 428 17,257 4, 905 Sixth district, 1873...... 12,700 15,240 12,865 13,156 I5, 550 11,147 I3, 997 7, 605 Totals...... 72,798 80,&51 1 ~67,755 51.751 ~76,981 ~77,22470,922 [8!~ ~ 76,981 ~ ~ 34,618

1880. 1882. 1884. 1886. 1884. 1888 .

., (!) ~ .~ Q ~ 4i e) -0~. ~ .! -0 C> ... 0 ell ... -~ ~ § 0 0 0 0 ~ ~ ~ .. ... ,..~ s -=~~ a~;:_. 1>- ~ ;;. 1>- ~ ;;. ;... ~ ..= 0 ~ 't:lcoCD '""o Districts. aQ~ o s:: o ~:~ ...... o s:: o l:l ~. G) ~oA ~-o · - QI al ~ c:: :;;: aS aS :;;: aS 't:l fl ~0 't:l :> rri 't:l;;.;a c a:.... ~ .2 e o e o ., .s ~.£ ,.. ;;. Cl't:l:::l

First district...... 23,215 10,123 15,526 5,296 1 8,498 4.,852 5,635 3,361 11,350 1,649 Second district ...... 24,532 10,843 10,032 6,722 7,701 2,789 6,103 7,446 7,930 6,537 ====...... Third district...... 21,105 21,308 7, 795 I3, 551 15,564 10,848 15, 302 18,940 14,782 ll, 692 ...... Fourth district...... 13, 428 19, 337 12, ~46 I, 638 5, 765 (*) 12, 269 1, 377 5, 747 (*) ...... Fifth district ...... I1,398 25,535 I5,305 3,318 13,295 3,968 17,205 2,505 13,618 495 ...... Sixth district, 1873...... I5,142 20, 78I 8, 036 4. 246 !'!, 002 3, 965 9, 927 6,197 6, 707 2, 550 ...... '1'otal...... i08,820 m.9z7 69,140 34,771 ~ 26,422 66.f91139,826 -60~134f22,923 1 108,6« 1 110,262 1 136,746~ * No opposition

Moreover, here is a table which shows how the apparent result of the But, in addition, :M:r. President, I have here aJargemass of evidenc April election was obtained. It contains the returned vote of twenty­ which ought to convince any one of the true character of the pretended four parishes, compared with the registered voters. Some of the election in Louisiana on the 17th of April. We will take:first the par­ twenty-four cases are already recited in the resolution which is before ish of the Senate. BOSSIER, which gave 4,213 votes for Nicholls and only 95 votes for Warmoth 1888• . 18& according to the returns, there being 1,002 white voters in the parish and 2, 600 colored voters. A statement of l\Ir. B. F. O'N~al is as follows: Registered voters. Parishes. Vote polled at Democratic· primary election held by wards December 21, 1887, to elect delegates jo1· gubernatorial cont·ention. 3 0 Regular IRe~ular 8 Ward. white colored ------)------· ------voters. voters. Bienville...... -...... 1, 923 :ri 1, 900 1, 409 840 2, 249 ------·------:Bossier* ...... ::-...... 4, 213 95 4, 308 1, 002 2, 600 3, 602 Caddo ...... 4, 802 324 5,126 2, 495 4, 245 6, 740 ]...... 25 28 53 60 800 Concordia.*...... 4, 219 145 4, 364 448 3 753 4, 201 De Soto...... 1, 865 74 1, 939 1, 684 1; 810 3, 524 East Carroll*...... 2, 680 285 2, 965 233 2, 343 2, 576 East Feliciana...... 2, 276 5 2, 281 1, 072 I, 775 2, 847 ;::•::.•·::::::··::::.::•:::-••::· .. :::.·:•• ••• ___ _-_m '·m Franklin ... .,...... 987 4 991 591 715 1, 306 ~ ~ ~~ .Ta.ckson...... 963 7 970 691 423 1,114 ...... 825 3,200 Lincoln...... 1, 273 1, 273 1, 664 876 2, 540 To~al.. ~~~1 :1\Iadison* ...... 3, 530 3, 530 279 3, 081 3, 360 1\Iorehouse...... I, 584 I4 I, 598 780 I, 683 2, 463 Majority ...... ~ ~ ~ ====~~ N a.tchitoches...... 3, 373 285 3, 658 2, 137 2, 673 · 4. 810 Ouachita...... 2, 994 5 2, 999 918 2,133 3, 051 Rapides...... 4, 678 449 5,127 2, 455 2, 739 5,194 Mtmorandum and copy of vote at Democrat-ic p1·imarg election !Jeld MareT£ Red River*...... 1, 679 78 1, 757 510 6il 1,190 Richland...... 1, 287 63 1, 350 819 975 1, 792 20, 1888-a close contest for disb·ict judge and for Legislatur('. Sabine...... 1,441 2 1,143 1,173 329 1,502 St. Mary...... 2, 885 1, 64.9 4, 534 1, 942 4, 887 6, 829 Tensas* ...... 4, 627 113 4, 740 471 3, 689 4, 160 For Legislature. District judge. Union ...... 2, 369 91 . 2, 460 2, 079 1, 048 3, 127 Ward. 'Vest Baton Rouge*...... 1, 712 454 2, 166 504 1, 307 1, 811 'Vest Feliciana...... 2, 038 377 2, 415 557 2, 09I 2, 648 Curry. Boggs. I Tot..'\l. . Snider. I Druse. Boon. I Total. 'Vebster...... 1, 506 325 1, 831 1, 071 1, 160 2, 231 --1----- ·- ---- I Total...... 60,904 4,881 65,785 26,984 4.7, 876, 74, 860 1 ...... 1 25 26 22 ~ ----:- .: ...... -~ 2...... 78 ·15 123 681 55 2 125 3...... 73 43 116 57 57 2 116 *Vote returned larger than the whole number of registered voters. 4...... 44 108 152 61 87 4 152 5...... 93 42 135 77 1 4.8 14 I3!i It is not, however, necessary to rest the demandforan investigation 6...... 76 71 H7 88 59 3 150 upon the face of the returns, which! have alreadyexhibited, although it seems to me that so far as the country is concerned, so far as the Total... --3G5- 334 1 -699---a73 j ~- 25 1- 708 Senate is concerned, and so far as theconimonsenseof every intelligent Majority... ==siF:::~~~r~:~~ ~ ~ l =i= l = · - citizen is concerned, it must be apparent that an investigation is justi­ ------fiable on the presumption that no such vote as 136,746 was ever honestly In the primary, 21st Deccrnber;-LSS7, "-full vote was polled, the full strength of cast and properly counted for Francis T. Nicholls. the Democratic party proper. •,i -· 7822 CONGRESSIONAL RECORD-SENATE. AUGUST 22,

The contest was very strong and exciting in the election of Decem­ Here is a. letter from the same parish from L. W. Williams: ber 21. Nicholls's popular m3tiority in the parish was 25 votes. . In PA.NDURA STORE PLANTATION, .April19, 1888. the primary of the 20th of March Boggs and Curry were run on the 1\IR. HERO: issue that Bo~ was a McEnery man and Curry a. Nicholls man in the I will say oue word to you. The Benton ward, Bossier Parish, Louisiana, contest for governor; and also, if elected, that Curry would support gave you every black vote that was cast, and that was six hundred and some oddd, and the white people took them all out and put in DemoC1·at tickets and sui BLANCHARD for United States Senator, while Boggs was for Jonas. we all voted Democrat ticket; but I will say that they did not cast one Demo­ Curry's popular majority was 31 against 25. The following vote was crat ticket, and I can give you the names of one hundred right here, not far returned and promulgated at the general election as betweenl\IcEnery from me-you can reach them-and they will say the same thing; and I will say if you let that pass I am done. They did the same thing at Rocbia.. You and Stevenson for governor, April1884: can write or send some to see and you will find out that all the tickets that are cast by the blacks are Republican. 'Ve don't want our tickets counted out, a!l we are not Democrats. Let me hear from you at once. Ward. L. W. WILLIAMS. Shrevep?rt, La., is my post-office now. Here is a.lettcr from a. number of voters of Bossier Parish: 1...... 354 ...... 354 2...... 913 !ll4 1, 127 BE~"'TTY, LA., .A.pril19, 1838. 3...... 234 71 305 Governor liiD.-nY CLAY WARMOTH: 'Ve want to hear from you at once. 'Ihe tickets we voted were for you. The t:::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::: ~ i~ ~~g Democrats took them out, and we have some of them at the house. '\>Ve cast 6...... 207 319 526 not less than 500 votes at Benton, Bossier Parish, and now they say that we 1 ------1 ------~----- thought we were voting the Republican ticket, but it was the Democratic ticket, Total...... 2, 346 685 ~ and you ask the A->llowing if it is true: 1 Lewis Williams, West Scruggant Carrol Scott, Allen .Tames, Bob 1\Iajority...... =_==1=,=66=1=J:=.. =.. =.. =.. =.. =.. =..= .. =.. t=, ..=..... = .... =: .. =.... =.... . Williams, Bill Smith, Jim Roagers, Ed. Reed, Hy.Adam, Dozier Williams, Dick Adkins, Henry Mercuria, Levry Williams, Robt The full Democratic strength of Bossier Parish is less than 800. The vote Dickson, G. W. Cooper, Martin Craper, J. S. Stokes, Willis polled April, 1884 (total, 3,031), shows this parish to have 2,231 Republican voters, Rocbellia, tS. Feller, Carter Williams, L. Hill, Adrien McNeal, if we admit that all Democrats voted in 1884 who vote in the Democratic pri­ William Jamison, Bill Escuse, Hy.l\IcNeal, Jim Beck, Mitchel mary elections. It is openly admitted by the masses of the Democratic party Marshall, Hy. 1\Iarshall, Geo. Buckett, A. J. Cooper, A. J. Miller. that they manipulated the votes in all of the wards except Ward 6. It can be J. A. Cooper, Bob. Johnson, Luke Ware, Sam, Edward, Lewis seen that Ward 6 is the largest white ward of the parish, and, being the court­ Thimes, Jeff. Johnson, l\Ic. Austin, Ben. Escuse, Lewis Bell, house ward, has 200 whites and 450 blacks. It voted 526 votes at the general Jeff. Gadser, Buck Garder. election in 1884, 112 Republican majority, and polled 319 Republican votes out Now take the parish of of 6S5 which was returned for the whole parish. Col. J. A. Snider and JudgeR. A>OYELLES C. Druse were both candidates before the people at the general election in 1884, 1 and the Republican tickets were divided between them equally. Out of fl,OOO which returns 2,425 for Nicholls, 1,310 for Warmoth; there being in tickets ordered for the parish, 3,000 were for Snider, judge, and 3,000 for Druse, the parish 2,290 white voters and 2,235 colored voters. I will read a judge. It was hoped that when these tickets were taken from the ballot-box they letter from Westley Coleman: would be counted for Stevenson as governor, as well as for Snider or Druse, EoLA, LA., .A.pril20, 1888. whoever was so lucky as to get the Republican ticket voted with his name on; but this was not done. The friends of Snider and Druse watched closely for DEAR Sm: There were 304 votes polled ~t Bunkie. We had two men that Druse and Snider names and counted every one voted for them, whether it stood near the door to keep an account of every man's ticket. Every one of was on the Republican or Democratic ticket, at some of the boxes, and t our voters voted the straight Republican ticket, which gave us a majority of others they divided the Republican tickets equally between Snider and Druse, 196 over the Democrats. Now, after the polls were closed and our two tales and threw the Republican tickets out and put in Democratic tickets. These men went i~<>ide of the building to keep account with the comm~ioners, they facts are made known publicly in contending for the claims of Druse and Snider were ordered to go on the outside, and were not a1lowed to look on to see their by their friends. I simply state these facts t-o show that combination can not rights. So they refused to obey them, and they were forced by the sheriff to amount to much for the Republican ticket and a fair count where the Repub­ the outside, and the box counted for the Democrats, so it gave them a ma. licans are so largely in majority and thei_r success so certain, if a fair chance iority of 196 votes over us at Bunkie. is given them . Yours, R~spectfully, etc., WESTLEY COLEI\IAN. B. F. O'NEAL. Ron. P. F. HERWIG. This was before the election. And here is a. letter from 1\fr. James H. Ducote:· On April 61\Ir. O'Neal writes again: BELLEVUE, LA.., .Aprtl 6, 1888. MARKSVILLE, LA.., April 19,1838. DEAR Sm: We have lost all hopes of forming any combination with the • DEA.~ Sm: Inclosed please find statement of votes as .compiled by the retnrn­ Democrats or indorsing any man as our independent candidate who would n.s­ mg officer Qf A voyelles. At three of our strongest pr~cmcts the ballot-boxes in sist us to secure us a fair count of the ballots for the Republican ticket. The which the voting was done was substituted by stuffed boxes prepared before­ campaign throughout North Louisiana., and especially here (in Bossier Parish) hand for the occasion, and were counted as genuine. At the Hamburg pre­ is being conducted by the Democrats on the color or race issue, claiming none cinct, where there are but 23 Democratic voters, they returned 183 votes for the but known white Democrats shall control the affairs of the local or State gov­ Democratic ticket and 21 votes for ours. At the Evergreen precinct there are ernment. 160 Democratic wtes; they returned 320 for their ticket and 54 for ours. The Republicans in this parish have no representation on the registration or At the Holmesville precinct an effort was made by the Democrats to pre· at any of the voting places, and our success is left entirely to the tender mercies vent an election taking place, but Judge Cullom held the election and our of the Democratic party, who claim the whole management to themselves. ticket got 150 majority, o.ll of which were counted out by the returnin.g officer. Our sheriff, 1\Iaj. R. E. Wyche, and, in fact, every Democrat of this parish, Nev~r were frauds so openly and boldly perpetrated. In all the Democratic speak out bodly and tell the Republicans that while they counted out theRe­ precmcts no frauds were committed, and the result shows that one-third of the publican ticket at last general election in 1884, giving Stevenson but 685 votes Democratic voters sq.pported and voted our ticket. It was only by substituting in this parish, they do not wish to deceive the Rept1blicans by telling them they our majorities to their ticket that they defeated us. All of the above are facts will not do the~ame thing again. And Sheriff Wyche says that it makes no which can be proven if necessary. The vote really cast for governor is as fol difference whellier the negro registers or not or goes to the poll or not the Dem­ lows: Nicholls, 1,907; Warmoth,1,975. ocrats will vote him all the same, and as to our complaints that we only got 685 The Republican parish ticket ran 300 or 400 votes ahead of the State ticket. votes returned for Stevenson and the Republican ticket in 1884, he will tell us Let me know as soon as possible what we should do in the premises, If you now very plainly that Warmoth may not get as many allowed him. It depends wish any more information or particulars let me know. upon what vote his party tthe Democrats) want returned from Bossier. Yours, truly, ·w hat they wonld give Warmoth? They may give him 1,000, or more, as the JAS. H. DUCOTE. case requires. These are the exact words of Maj. R. C. Wyche, sheriff, and is Maj. ANDREW HERo, Jr. also the true sentiment of the Democracy of Bossier Parish. I state these facts so you may fully appreciate the situation here and know what to expect. There Now take the parish of is a great interest felt by the negroes, and I fear some excitement or trouble ASCENSION, may occur at any time--though there is no objection to the negro going to reg­ ister and vote; the Democrats know they have the counting and returning of in which the vote was for Nicholls 2,715, for Warmoth 1,334, there the whole matter to themselves, and therefore they feel no danger of a. defeat. being in the parish 1,520 white voters and 2,987 colored voters. But if the negroes should become dissatisfied at the result or want to contend for a fair count, they would be put down at once. Rev. James Marks called on LANE PosT-OFFICE, LA., .April19, 1888. me and left a few tickets. We will want about four thousand more. Send us DEAR SIR: We write this to you to let you know something concerning ou-r some by mail. They will be given to the yote1·s, whethercountedoutor not. election in our ward (ninth), pltl'ish of Ascension. First, we had not one com Y om·s, very respectfully, missioner on our side of the house at the box. Secondly, the Democrats had B. F. O'NEAL. fourteen deputies on their side; we were ignored, we had no say at all. We can Ron. ANDREW IlERo, Jr., take a solemn oath that there were 175 cast for Governor Warmoth and J. J ~"ew Orleans, La. Sullivan. Now, look at the tally sheet, only giving about 12 or 13 for Warmoth , On the 19th of April Mr. O'Neal wrote a letter, which is to be found and two for Sullivan. Sir, our '\'Oles were taken from us, and therefore we ap peal to you and the rest of the Stn te Republican men that are at the front of the in the speech of the Senator from Karums [Mr. INGALLS], which shows Republican party. No representation at the box. The box was placed back the result, .as follows: into a small room and no o ne nllowed in there but Democrats. Sir, the colored BELLEVUE, LA.., .April19, 188S. people of our ward did not sell out as they will allege. We just·may as well DEAR Sm.: I have just wired you the returns of Bossier Parish. Total vote leave and go out of the State if our voices can not be heard. We never before. retnrned, 4,308. Nicholls, 4,213; Warmoth, 95; total, 4,308. saw the Republicans'perform their duty as they did last Tuesday at the box and 'l'bcre was a. large turnout, and a full Republican vote was polled. There to our surpri!.e we were robbed totally. I would write more but we ar~ ex seemed to be no trouble or hinderance about the negro voting the Republican cited and do not know what to do. This is the true•state of affairs in this ward ticket, and it is safe to say at least 3,500 votes were polled for Governor War­ - HANDY WATSON. moth and the Republican ticket, but they were counted out. B. H. BUTLER. The work and proceedings of stuffing the boxes is no secret here· the Dem- Mr. VIGERS. ocrats talk plainly and boldly about how they did it. ' Yours, respectfully, etc., In the parish of B. F. O'NEAL. WEST FELICI.ANA, Ron, ANDREW HERo, Jr., New Orl-eans, La. there were returned 2,038 for Nicholls, 377 for Warmoth; when there· 1888. CONGRESSIONAL RECORD-=-SENATE. 78~3

were 557 white voters a.nd 2,091 colored voters. The following shows on the 17th day of April, A. D. 1888, he was a candidate for the office of judge of the nineteenth judicial.:district, composed of the {larishes of St. Mary and Terre­ how it happened: bonne, and· that be was duly and legally elected judge c( said district for the Row LANDING, April 21: 1888. office of judge of said district, that A:.. C. Allen, who resides in the parish of St. DEAR Sm: I write you a few lines to let you know how things went on here :Mary, his opponent, the present defendant, who was defeated at said election, at Row Landing poll. Two hundred and fourteen votes cast for our ticket. he fears and alleges will be retu1·ned elected and put in possession and enjoy­ At the Raccourci Isla.nd poll they robbed the box; they took 80 or 90 votes from ment of the office and its emoluments through fraud and ill practices on the the Republicans. At 2 o'clock 105 votes were polled, about 70or80 of them Re­ part of the returning officer, the commissioner of elections, the clerks of elec· publican votes. We had four men from our side of the river to work at that tion, and other o~cers and persons. poll. They worked faithfully for the party. One hundred and thirteen votes Petitioner avers that as soon as he became aware of who were to be the com were polled, and they gave us only 5 votes. The Democrats stole our votes all missioners of election for the parish of St. Mary he called on Emmett O'Neill• over the parish. the returning officer, and complained that some dozen persons were put by him Respectfully, as commissioners of election who could not write nor read, and suggested the CLEM. SEWELL, Chairman. names of intelligent, honest persons able to write and read, without regard to Hon. P. F. HERWIG. party, and that the returning officer refused petitioner's request. Petitioner RAPIDES PARISH. shows that though he was a Democratic candidate for the office of judge of the nineteenth judicial district, he was also indorsed by the Republican party, and Here the vote returned was 4,678 for Nicholls, 449 for Warmoth, from that C. B. DarraH, the chairman of the Republican campaign committee for the 2, 455 white voters and 2, 739 colored voters. I bave here a letter taken parish of St. Mary, in the interest of fair play and the law, called on Returning Officer O'Neill, and asked to have other commissioners appointed instead of the from the remarks of the Senator from Kansas in which Mr. George Y. incompetent commissioners, which again was refused by said O'Neill. All to Kelso states the case: the injury and wronging of petitioner. I . ALEXANDRIA, LA., April 20,1888. Petitioner avers that the commissioner and clerk at the Pattersonville poll Srn: The election passed off quietly. We being without representation at (Fifth ward) conspired together to defraud your petitioner and placed over 500 any of the polls, the Democrats could make up the returns to suit themselves. ballots in the box which were never voted, and counted said fraudulent votes At the Alexandria box it was situated in a room in the court-house with a door for A. C. Allen and against your petitioner. That the commissioner and clerk opening in a hall, which was easy of access; the box was placed on a table and at the Julien poll (Seventh ward) voted and counted 150 illegal and traudulent two or three gentlemen (Democrats) sat upon the table by the box from the votes for A. C. Allen which were never voted, and refused to count 35 votes time that the polls opened until they closed, and when a Republican >oted in received and voted for petitioner. Petitioner avers that the commissioner and nearly every case one of the commissioners would take his ballot to put it in clerk made false and fraudulent returns of the vote cast at the Baldwin poll, the bO.Xj but very few, if any,ever were put in the box. They were generally where petitioner received 220 votes and his opponent, A. C. Allen, only received put on tne table behind the box, and towards the closing of the polls the floor 15 votes ; that the returns from the Glencoe poll were false and fraudulent·, for under the table was covered with the tickets taken from the colored voters by your petitioner actually received three-fourths of all the votes cast at said poll. the commissioners to put in the box, which they failed to do; there were but few Petitioner a>ers that he received over 50 votes at the Kramer poll when the colored men allowed to deposit their votes. returns only show 1 vote for petitioner, and that the return of said poll was At Cheneyville 1\Ir. Barrett, the Republican candidate for State senator, dis­ false and fraudulent, and that the aforementioned several polls if counted cor­ tributed 180 votes to colored men, and they voted the tickets he gave them,and rectly would give the return of the election in favor of petitioner and against about half past 5 o'clock in the morning 1\Ir. Barrett went to get a drink of the defendant by a large majority as will be shown on trial. water. He was absent from the poll about five minutes, and when he returned Petitioner avers that for some time before the election and up to the close of he saw a. small crowd of white men enter the room where the ballot-boxes wer~ the election the friends of petitioner's opponent inaugurated a reign of terror and when he inquired what was the matter he was told that the polls had closed in the parish of St.l\Iary, except in the Sixth ward; that certain colored leaders and that the commissioners were about to commence the counting of the votes; were whipped, others made to leave the parish, when suspected of supporting it was then a. few minutes after 6 o'clock. 1\lr. Barrett staid until 9.~ p. m.; up your petitioner or of distributin2' tickets for him, and that the whole machinery to that time 300 votes had been counted, all straight Democrats, and not oneRe­ of election had become converted into a means of defeating the popular will, publican vote. thereby depriving your petitioner of 1,000 votes; that the colored voters in the This 1\!r. Barrett could not understand, as he and a friend had kept a tally all Third ward at the Franklin precinct were not allowed to vote without exhibit­ dny and had been absent but five minutes, and according to their tally there ing the ticket to parties adverse to petitioner, whereby many tickets for peti­ were but 260 votes cast, and 180 of them Republican ; but the commissioners re­ tioner were changed, some destroyed, and all freedom to vote freely was abso­ turned six hundred odd Democratic majority, though there were not 300 votes lutely nnllified under the reign of terror carried on in theinterestof petitioner's in the box. At Lamourie, out of a vot-e of over 300, they give us bnt 44. They opponent, A. C. Allen, the defendant named herein, and that the threats and in­ had about 45 voters, but the commissioners gave them a majority of 300, and timidations practiced on the colored voters in the Second, Third, and Fifth wards the same can be said about Wiel's Store; only a few of our voters voted. At deprived your petitioner of over 800 votes that he should and would have re­ Boyce I am told that the whole poll-list was counted of that ward as a majority cei ved from the colored Republican voters in the parish, and who were prevented for the DemocratS. by fear, threats, and intimidation from voting as they desired. Truly, etc., Petitioner says he would have obtained ab- a legal. fair, independent, and GEORGE Y. KELSO. peaceful election 1,000 votes majority over his OPJ?Onent aforesaid, and that the Maj. A. HERO, Jr. short time to prepare this contest prevents petitiOner from adding further de­ tail of the fraud and ill-practices, but which will be more fully set forth in a I come next to supplemental petition hereafter to be filed, and of which notice is here given to WEST BATON ROUGE. defendant. ' Wherefore, the premises considered, petitioner prays tha~ A. C. Allen be duly I insert a letter from I. S. Tappin, chairman, which shows the stuff­ cited to answer this petition, and after due hearing there be judgment in favor rug of the ballot-box in that parish, where 1, 712 votes were returned of your petitioner and against the defendant, A. C. Allen, declaring Benjamin fox Nicholls and 454 for Warmoth. Felix Winchester to have been duly elected judge of the nineteenth judicial dis· trict, at the general election held on the 17th day of April, 1888, and that he is PARISH OF WEST BATON ROUGE, FOURTH WARD, entitled to the dignity and emoluments of said office; that A. C. Allen be de­ State of Louisiana, .April17, 1888. clared not elected to the office of judge of the nineteenth judicial district, and 'Ve,theundersigned,committeeappointedontheabovedatetoassistorwitness that he pay the costs of this suit, and petitioner further prays for all other gen­ the counting of the votes cast for both Nicholls and Warmoth and the remain­ eral and equitable relief in tho premises as in duty bound. der of the two tickets, declare that the commissioners closed the doors for about B. F. WINCHESTER, fifteen minutes, at which time the ballot-box was stuffed with lJemocratic AUorney for Petitioner. tickets, and theymadeawaywith all the Republican tickets but34, and counted themselves or their State ticket 409, which is more votes than are in the ward. CLERK's OFFICE, St. ~IaMJ's Pa1"1"sh,Louisiana, April26, 1888. E. Tapvins and A. J. Jadot tallied every vote, both white and colored; we I certify the above-and foregoing to be a true and correct copy of the original therefore enter our solemn protest against the Fourth ward of the parish afore­ petition in suit B.F. Winchester vs. A. C. Allen,No.8514, of the docket of the - said, and we, the voters, are willing to come down at any time and swear to the nineteenth judicial district court, on filo and making part o! the record of my above statement. office, filed therein April 26, 1888. I remain, yours, respectfully, [sEAL OF COURT.] J. B. VERDUN, JR., ClerT;_ I. S. TAPPIN, Chaif"man. co::-.con.nu. In the parish of ASCENSION, This parish was retnrned 4,219 for Nicholls and 145 for Warmoth, with 448 white voters and 3, 753 colored voters in the parish. The 2, 715 votes for Nicholls were returned, 1,334 for Warmoth. At the statement that has been furnished me says that- court-house in this parish the count was openly carried on by tallying We had at ea.ch poll citizens who tallied the vote as cast, es.ch voter casting 25 or 50 votes for Warmoth as so many votes for Nicholls. The vote an open ticket, and their returns und~r their signatures show in six: polls out ot IS just reversed; in the return instead ofWarmoth 1,334; Nicholls eleven as follows: 2, 715, it should be Warmoth 2, 715; Nicholls 1,334. In ST. JIIARY'S PARISH, Voting place. lwarmoth. Nicholls. 2,885 were returned for Nicholls and 1,614 for Warmoth, where there are only 1,942 white voters and 4,887 colored voters. Rivers poll...... •••.•.•.....•...... •...... ••••...••••.•..••... ·~··· .••.••... 295 32 Forest poll .....•...... •..•..•••••••••..•••....••••.•.••.••....•..•...••.....••••..... 390 12 Dr. Chester B. Darrall, ex-member of Congress, well known to many Home pla.ce..•.••..•.••••••••.••••••••.••••••••.•.••..•.••••••••••.•.••••....•...•.•.. 321 20 Senators on this floor, writes: · Vidalia...•...... ••..••.•••.••..•••••••••••••••...••..••.•••••..•••...••. ·-··· ••....•.. ~5 53 A statement will be prepared showing how the fraud was perpetrated. We Black Hawk .•.....•...•.••.•••••.....••••••..•••....•...•..•••.••..•...••.•.•••••... 231 10 could only guard the vote at three polls and our vote was the largest ever polled. Poll 9 ...... Z70 37 We can show tha.t we put in the box over 3,000 votes for our ticket, more- than I------I------half of which they counted for Nicholls. I have the written refusal of the re- Total...... -. •...••....•..••••••••.•.... 1 1,882 164 urning officer to give us any showing in the count. I will here insert a copy of a. petition of B. F. Winchester, of St. Yet Warmoth is only given 145, while 4,219 were returned for Mary's Parish, who was candidate for judge of the nineteenth judicial Nicholls. conrt, at the election on the 17th of April, in which he shows how he I will read a letter from Andrew Hero, jr., dated .Tnly 9, 1888, ad­ was counted o!lt and shows by what means the large colored parish of dressed to myself: St. Mary's was made to show a Democmtic majority: NEW ORLEANS, July9, 1888. Hon. W. E. CHANDLER, To the honom.ble the judge of the nini!Uenth judicial district of the State of Louisi- Washington, D. C.: . ana, holding session in and fol· the parish of Bt. Maryj: • Dm Sm: Herein find postal of C • .G. Wade of date April 18, 1888, asserting The petition of Benjamin Felix Winchester, who resides in the parish of St. that 231 votes w~re cast for Republican ticket at Bla.ck Hawk poll, in Concordia Mary, mspectfully represents, that atthc general Statee~ectionheldin the State Parlsh. The Democratic returns only award 145 for the entire parish. · 7824 CONGRESSIONAL RECOR:O-SENATE. AuGusT 22,

The postal card which I haYe is as follows. It is addressed to­ plan was adopted and effectually carried out. That plan was this: Some Demo­ crat would fire off a large fire-cracker sounding like a pistol-sbo~ in the court­ Ron. D. Young, on board T. P. I~eathers, lying ·at Black Hawk, ·La. house where the polling-place was located, and, upon this signal being giYen, BLACK liAWK, LA. the State militia would rush to the windows of the court-house and point their DEAR Sm: Election free and fair. \ Vinchc ter rifles at the c.rowd of negroes below them. . This conduct, which wa .~ repented seyeral times, had the desired effect, and Warmoth's vote ...... 231 nearly all the negroes. left the court-house yard, and were told later in the Nicholls's vote...... 10 day by their white Republican friends to go home and not attempt to vote any m ore. Notwithstanding the fdct that only about half the re~istered vote of the Warmoth's majority ...... 2:!1 'vard was actually polled, when the count was made it showed a full registered S. Lemeurier: clerk, will try to have box thrown out, because 37 voters w ere vote , all polled for the Democratic State and parish ticket. allowed to vote under oath. They are all registered voters, but Clayton left To further illustrate the situation, it may be stated thnt Mr. Merchant, a their names off the poll-book. Everything passed off peaeeably. prominent lawyer and banker. was running on the Republican ticket for State C. G. WADE. senator against 1\Ir. A very, a planter and Democrat. At the poll above referred APRIL 18, 1883. to t11e commissioners give Mr. Avery 484 votes and 1\Ir. Merchant 80 votes. It cnn be conclusively shown that Mr. Merchant received more Democratic votes Mr. Hero proceeds: than his opponent and a solicl Republican vote. I send by express three memorandum books, which were kept at three other In the Fifth ward of Iberia Parish, where Capt. C. T. Cade, another militia com­ precincts in Concordia Parish by Republicans who tallied each ballo~ os it w as mander, was in charge- deposited, a ncr have each signed their respective books, sl~owing at Vidalia: Re­ publican vote, 3i5; Democratic, 5:{. At Poll 9: Repubhcan vote, 270; Demo­ And I ask Senators who do me the honor of listening to me to mark cratic,37. AtRivers poll: R epubliel_ln Yote,295; Democratic,,32. And at For­ the name Capt. C. T. Cn.de, for we shall presentJy hear from his opera- est poll the actual vote was : Repubhcan vote, 390; Democrahc,l2. tions on Friday last- , Yours, etc, ANDREW HERO, JR. the bulldozers took a colored ward-leader by the no.me of Robertson Cole­ man, stripped and whipped him in the presence of the votf!rs who had assem­ I have in my hands the three tally-books which were kept by the bled to >ote, then put him in a chicken-coop, kept hfm there near the poll un­ der guard until e\·ening, when they made him vote the Democratic ticket. A Republica.ns, forwarded to Major Hero, and sent to me. Here are the negro was beaten nearly to death for offering to distribute Republican tickets. books. [Exhibiting.] One is as follows: This sort of conduct was carried on all oYer the parish, and the election was RIVERS POLL, THIRD WARD, CONCORDIA PARISH, a complete mockery, fraud, and count-out. On the morning after the election 1\lr.l\lercbantstated openly that he intended Rivers poll, Third ward: to contest and show up the frauds. The evening of that day he was waited on Tallies. at his banking-house by Captain Cade, of the State militia, and some of his Warmoth's \'ate ...... :...... ~5 strikers, and told that he had twenty-four hours in which to close his bu iness Democratic >ate...... 32 and leave the parish. Captain Cade refused to give any reason for his act other T. P. JACKSON. than that he represented others in the matter. JAKE JONES. 1\Ir. Merchant notified the Democrats who had supported him at the election of what had occurred, and on Thursday morning they, about forty in number, The next is the original tally-book of poll No.9, and I have made a armed themselves and went to Captain Cade and his strikers and demanded copy of it, thus: their reason for their conduct towards 1\lr. 1\!erchant, and upon their refusal to CONCORDIA, POLL 9. give any they were informed that they must retract their order and apologize Tuesday, ..dp1'il 17, 1888. for their conduct, which they did under pressure. Mr. 1\Iercho.nt has made up For governo1·: his mind to close up his business at any sacrifice and leave the State. Tallies. He has held many offices of profit and trust, among others that of postmaster H. C. Warmoth...... 270 at New Orleans, and his personal and official record is beyond reproach His only crime is that of being a pronounced Republican, andfor that be is boy­ Francis T. Nicholls...... 1rl cotted in his business and not lil:iven any chance. ALEXANDER BUSH. Mr. Merchant has emigrated to El Paso, Tex., and has gone into The Vidalia tally-book I have here, and I have made a copy of business there. I imagine that he is safe there if he does not make his ~hat: Republicanism very pronounced. If he does, it is most likely that he VIDALIA VOTE. Tallies. will have to leave Texas as he had to leave Louisiana. l'tfr. SPOONER. Is a white man safe there? ~~~~1~!~::::·.::::::::::.::::::::::::::::: : ::::::::::::::::::::::::::::::::::::::::::::::·:::::::::::::::::::::::: ~ Mr. CHANDLER. I think they prefer, as an election method in That is on the cover. Texas, to hang negroes rather than whites, and that if the Texas Dem­ ocrats were left to their own minds they would kill negroes in prefer­ Republicans, Vidalia: , Tallies. ence to white men. I thi·nk, therefore, that Mr. Merchant is safe for a little while at El Paso, Tex., if he does not meddle with politics. ~:::::::::::::::·.:::::::::·:.:::::::::::·.:::::::::::::::::·.::::::::::::::::::::::::::::::::::::::::::::::::::::·::::::::~ Mr. REAGAN. Will the Senator permit me to interrupt him? . C. H. SHUMAKER. Mr. CHANDLER. Certainly. These ta.Ily-books were forwarded, as Major Hero states, from the Mr. REAGAN. I am surprised at the statement just made by the men who kept them to him, he being one of the candidates on the Senator from New Hampshire. I live in a county where the popula­ State ticket. And notwithstanding all these proofs which I have tion is about equally divided between blacks and whites. There ha-s given of the votes actually cast, Concordia. Parish was only allowed by never been a disturbance at an election. in that county since the negroes the Democratic canvassers 145 votes for Warmoth. have been free. Republicans all over the State take their position and I come next to discuss the issues just as they would do in New Hampshire or any­ THE PARISH OF mERIA. where else, and they are as free from molestation as they would be in The following statement has been furnished me as showing tho true New Hampshire. If the gentleman knew the facts he certainly would condition of affairs in the parish which was returned 1, 923 for Nicholls, not make such a statement as he makes here now. 590 for Warmoth: Mr. EDl'tiUNDS. In what county is that? In the parish of Iberia Governor 1\IcEnery made a revolutionary speech one Mr. REAGAN. Anderson. week before the election. He said, in substance, that the negroes should not Mr. EDl'tiUNDS. Not Washington? be permitted to vote· and if they did vote, such vote should not be counted; that there w as dan ooe ~ of Warmoth's election, and that the white people ought Mr. CHANDLER. I suppose the Senator from Texas does not refer . to stand firmly tooo~ther and roll up a majority against him. . to Washington County, Texas. If he does he is entirely mistaken. From the day after this revolutionary speech a reign of terror commenced The Republicans of Texas, in a Democratic county which they do not and bulldozers went out every night armed with Winchester ri.fies belonging to the State militia and terrorized the negroes. ·This continued up to and in­ try to carry Republican, are tolerably safe from murder, but when­ cluding the night before the election. 1\Iany leading negroes were ordered ever there is a Republican county which remains Republican in a either t,o leave the parish or vote the Democratic ticket. Southern State, enough killing is pretty sure, after awhile, to be done On the Sunday before election a prominent negro leader, the son of a weD-to­ do negro planter, Joseph Barabin, jr., was waited on at Jeanerette and offered to change it from Republican to Democratic. That was exactly the money to support the Democratic ticket, which he declined. That eveuin.g he case in 'Vashington County, Texas. . boarded the up train for New Iber!a, and on his starting to get off the tra1~ at The 'Senator knows very well that at the last election held there, in New Iberia be was met by some e1ght or ten bulldozers, who, after assaultmg him with a stick, ordered him to get back on the train and leave the parish. ~e November, 1886, when there was a large Republican majority, three went to an adjoining parish, returned to his home the next day, and was agam negroes, Shadrach Felder, Alfred Jones, and Stewart Jones, were taken visited by the bulldozers, on whom he fired, wounding one of them and killing from jail by a mob and hanged, exactly as Judge Chisolm was put in two horses. This caused a stampede, and when the force was renewed Barabin had m anaged to get out of the way, and he is no\v a refugee from his home and jail and murdered, strictly in accordance with the favorite Southern family. method of getting rid of Republicans, which is this: First get up a On the morning of the election it was evident that no Republican votes would false charge against the Republicans, put them in jail, and then break be counted as cast. The returning officers appointed the commissioners of elec­ into jail and murder them. The Senator probably did not have Wash­ tion only the night before election day. Th~secommissioners.turned u p. and were only known to the Republicans when they seated t-hemselves m the J: Ollmg placea ington County, Texas, in mind when he said that Republicans were on the morning of the election. They were all Democrats :md of the lowest just a5 free to make speeches aJ:!.d to vote in Texas as they are at the order. No representation was allowed the Republicans in or a round the polling places. At the New Iberia poll the State militia, under command of Capt. Dudley North. Avery, were present underarms for the ostensible purpose of protecting the Dem­ Mr. REAGAN. I know that there was a disturbance in Washington ocratic co~ missioner of election. Voting commenced at 7 o'clock ~- m. ; a la1·ge County but I am not advised of the actual factEtCOBDected with it. · crowd of negroes were present desiring to vote. The commissioners commenced In orde~ that the Senate may understand the recklessness with which by delaying the voting by taking from ten ~o twenty minutes to ~d the name of the proffered voter on the poll-book and 1n many cases by refusmg the >ate the Senator from New Hampshire speaks, I·will state that there are on the ground that the name was not O?- the pol~-book. This practice was kept .perhaps twenty or twenty-five counties in Texas where there are negro up until about 10 o'clock, when bulldozmg commenced at the poll and negroes wer() clubbed and abused and were run off. majorities and where they vote majorities habitually at all the elec- About I} o'clock, finding that the negroes persisted_in trying to vote, another tions. ' . . '

1888. - CONGRESSIONAL RECORD- SENATE. 7825"

Mr. CHANDLER. I will ask the Senator how many Republican deferred. I regret that theS_enator from Texas did nut content himself counties there are in Texas that remain firmly and continuously Re­ with that statement instead of going beyond that to notify the Senate publican countjes? and the world what he would do when the time came by way of de­ Mr. REAGAN. I can not enumerate them all now, but I will tell fending Washington County and the State of Texas against any impu­ the Senator some of them. Harrison is Republican by about 1,100 tation upon the fairness of her elections. majority, and there has never been anybody kill~ or hung or hurt I do not intend to go into any elaborate discussion of the alleged there for voting. And there areMontgomery, Walker, Fort Bend, and outrages-! withdraw from this time forth the word "alleged," which Brazoria. Counties, and two or three counties below Brazoria. I do not by politeness haE! been used thus far in connection with the election in recall the names now, but there are more than twenty counties with Washington County, Texas-the outrages I will say. But when.the habitual Republican majorities. Senator says he proposes to vindicate that county and State from the Mr. CHANDLER. How many, may I ask? charge of gross outrages upon the elective franchise and upon the rights Mr. REAGAN. I can not give the specific number, but I tell the of citizens, he undertakes to do what no mortal man can do. Sena.tor-- Mr. COKE. Will the Senator allow me to interrupt him? Mr. CHANDLER. Does the Senator not know the number of coun­ Mr. SPOO~ER. Yes, sir; I will. ties in his own State? How many counties are there in the whole M:r. COKE. I will say, Mr. PreSident, that whenever the testimony State? taken in that investigation is laid before the Senate and a report made Mr. REAGAN. About one hundred and eighty. upon it, and the Senate is asked to consider it, I can and will show by Mr. CHANDLER. An

Mr. SPOONER. The Senator says tlk'l.t he will find frauds in the Mr. COKE. I simply have this to say in reply to the Senator from elections in Northern States with which he .can successfully compare Wisconsin, that this man Moore is absent by his own choice. He had the frauds in Texas. I admit it, perhaps. He will find Democratic been trying to sell his property in order to move to California for more frauds year after year, at election after election, in the great city of New than a year before this election trouble occurred, and he is not sup­ York which I think even Texas will be powerless to excel; but he can posed by anybody in Washington County to want to go back. Hun­ not compare with any Northern State, or any election which ever oc­ dreds and even thousands of Republicans live in peace in Washington curred in any Northern State, what transpired in Washington County, County, and why could not this man Moore do the same? _ Texas. That was not simply fraud in the count. I do not know that 1\fr. EVARTS. Mr. President-- at that election there was any fraud in the count. There was force in Mr. CHANDLER. I yield to the Senator from New York [Mr. Washin~n County, Texas. The.re was bloodshed in Washington EvARTS]. County, Texas. There was murder in Waslpngton County, Texas. Mr. EVARTS. If the Senator will allow me, I do not propose to Where at any election north of :M:ason and Dixon's line can you find trespass:upon any of the proprieties in a discussion on what will be un­ these elements? I have known of none. In Washington County, Texas, doubtedly fully· discussed in the Senate upon the report on the Wash­ three men were taken out and banged, in the gray of th~ morning, ington County outrage; but I am unwilling that there should go for without having committed offense except that they were colored and one moment an impression that these unfortunate colored men were that they were Republicans. Poll after poll in Washington county, banged by a mob because even a mob thought that they had been en­ Texas, was raided and the ballot-boxes and ballots forcibly' taken. gaged in an act of violence against a white man. :Mr. COKE. , Will the Senator allow me to interrupt him? Five of these colored men were seized by authority of law and im· Mr. SPOONER. Certainly. prisoned with no charge at all against them, and then, thus inclosed, 1\Ir. COKE. The Senator's statement is not correct. There w.as a they were not defended against a mob by the authorities; and three of negro, perhaps two negroes-- them were taken out and banged because they proved that Bolton, the Mr. SPOONER. Oh, three negroes. white man, was not slain in pursuance of any peaceful right of his. Mr. COKE. Three negroes. For that reason they were secured, :tnd for that rea!:on they were not 1\Ir. SPOONER. You see the Senator evidently does not know as saved from the mob, and for that reason they were hanged, that they much about it as I do. The Senator does not even remember the num­ might not speak the truth in the evidence that should be gi\en. ber of negroes hung; a trifling matter, however. Mr. REAGAN. l'lfay I ask the Senator from New Hampshire to Mr. COKE. They were taken out of jail in the town of Brenham, yield a moment? I know nothing about the transaction 1·eferred to in in Washington County, and hanged by a mob, not because they were Washington County. What I wish to say is that I have a very exten­ Republicans, not because they were negroes, but because they had mur­ sive acquaintance with the people of Texas and their action, and if it dered in cold blood a white man, Young Bolton, at one of the election be taken for true that there were violence, wrong, and murders com­ precincts in Washington County. mitted there, I do not think it justifies the wholesale slandering of Mr. SPOONER. The Senator has had before him every line and the State of Texas and charging the whole State with actions of a partic­ word of the testimony which has been taken by the committee, and I ular kind. am astounded that he should assert that those men were guilty, or in :l\:lr. SPOO~TER. I agree with that. good faith charged with being guilty, of killing this man Bolton, who Mr. REAGAN. Taking the whole State together I doubt not it is was shot down, as h~ ought to have been shot down, and as more men as orderly, as law abiding a State as there is in the American Union. just like him ought to be shot down, when he sought at the threshold Mr. SPOO~ER rose. of the polis, when they w~re countillg the vote in a peaceable and quiet Mr. CHANDLER. I yield to the Senator from Wisconsin [Mr. way, to wrest by force from the officers of the election the poll-listand SPOONER]. the ballots in order that the latter might not be counted and returned, Mr. SPOONER. In this connection I desire to say one thing further he and his associates being in disguise. about this case. The evidence can not be disputed and will not be But beyond all that, sir, murder and the robbery of the ballot-boxes, disputed, that these negroes were hanged by a mob. I doubt if any there is more and almost worse. Three men whose names were signed man who hears me could read what they said when they were led out to that petition1 upon whose prayer this testimony was taken, are to­ to die without shedding copiOUf? tears, if he has any heart or soul in day exiled from the law-abiding State of Texas, one of them living in him. Los Angeles, Cal.; another living in your own State: Mr. President, It appeared from the testimony of all the witnesses, including ex­ and engaged in business there, succeeding well at Topeka, who could Governor Ireland, who was governor of the State at the time those not even li\e in Wash~aton County, Texas. Those men are just as negroes were murdered, and including the county judge, Kirk, in office completely exiled from that State, precluded from living there with then, in office now, who was the boss devil of the whole business, that their families, as if they were fugitives from justice. no effort had been made to apprehend. the men who committed these Mr. EDMUNDS. Because they had petitioned? murders. Mr. SPOONER. Yes, because they had petitioned for one reason, Although the fact had been brought to the attention of the governor, and next because they dared to be Republicans and to make Repub­ no reward, he testified, had been offered for their discovery and convic­ lican speeches in that county. tion. The testimony showed that in the county neither the prosecut; I did notintend to speak atall upon the Washington County outrage ing attorney, nor·any of the magistrates, nor anyone had taken any step matter until the testimony bad been laid before the Senate accom­ towards the discovery of the men who had hung those colored men, panied by the report, and have been led to do so thus bnefly only by towards bringing them to justice. the Senator2s promise in advance of a complete vindication. I have Mr. DAVIS. Did the grand jury investigate it? been speaking in the time of the Senator from New Ham,Phire, for 1\fr. SPOONER. Did the grand jury investigate it? No; it never which I really owe him an apology. I simply desire to say further was brought before a grand jt;~.ry of the county, a.nd no more attention that I hope within :1 very short time that testimony and the report was paid to it after a farcical inquest than if three little dogs bad been will be laid before the Senate and the country in order that they may shot down in the streets of Brenham, and everybody glad to get rid of judge between the Senator from Texas and the committee. l shall them. then present this case with some care, and it will interest the Senate, :M:r. COKE. Mr. Preeident, just allow me to say-- I am certain. . :M:r. CHANDLER. Certainly; this Texas debate, Mr. President, ltfr. COKE. If the Senator from New Hampshire will allow me­ may go on until the end, so far as I am concerned. The PRESIDENT pro tempore. Does the Senator from New Hamp­ Mr. SPOONER. I am not quite through. I sought in the exam­ . shire yield to the Senator from Texas? ination of a large number of witnesses to ascertain why it was that :M:r. CHANDLER. The Senator does not want to be long? these white men, the.petitiop.ers to the Senate, were to be driven from Mr. COKE. Just a moment. I only desire to say that the state­ Washingt~n County, Texas, 'why it was that they could no longer live ment made by the Senator from Wisconsin with reference to the three in safety there, what they had done, and the universal answer was that persons who filed a memorial here is incorrect they had made incendiary speeches to the negroes and had sought to Mr. SPOONER. How is that? hold them to vote the Republican ticket. 1\ir. COKE. I say that your statement with reference to those three This was a strong Republican county and these precincts which persons who signed and presented a memorial upon which the investi­ were raided were strong Republican precincts. I examined those wit­ gation of Washington County was based is incorrect, when you speak nesses in order to ascertain what constituted in their opinion an incen­ of them as being good citizens and promment men. diary speech, and none of them gave a. definition of an incendiary Mr. SPOili'lER. Every Democratic witness who was examined be­ speech. I asked them, ''What did these men say to the negroes at the fore that committee, brought here by my friend from Texas, testified meetings that you consider incendiary?'' Among other things some to the good character for citizenship and integJ:ity of one of those men, testified, ''Why they told the negroes that if the Democratic party suc­ Mr. J. L. Moore. ceeded their wages and the price of cotton would go down, and if the Mr. COKE. I know that, as to Moore. Republican party succeeded their wages would not go down." 1\fr. SPOONER. Yes; and I had a letter from him last night lament­ Down there in Washington County, Texas (which, I believe, has the ing that, being an American citizen, he yet could not go back to his honor of being a constituency of Hon. ROGER Q. :MILLs, the great old home in Texas and live there. He is with the rest as much a fugi­ economic statesman), it is a crime to discUS9 protection at a negro 1 tive as if he had been expelled upon a charge. gathering. It is incendiary for a white man, no matter how sincere he - I 1888. CONGRESSIONAL J_tECORD-SENATE. 7821

ma,y be, to say in a public speech to a colored audience that his inter­ l'!fu President, I make the prediction that nobody will ever be est and his well-being in a material sense lie in the direction of the punished for that dastardly, and I believe, premeditated murder of •. success of the Republican party. those two negroes against whom a false charge was made and who uere Principally, as I remember it, the test as to what constituted an in­ arrested in ordel' that they rnjght be killed by the very officer of justice cendiary speech, as given by these witnesses, was that they were ap- who arrested them. . pealed to to stand by the Republican party in theinterestof high wages Mr. BUTLER. What paper is that? . and a better condition and more liberty, as against the Democratic Mr. CHANDLER. The Times-Democrat of Saturday, .Augu...<:t 18. party in the interestoflowwagesand a lower prosperity, and that that Mr. BUTLER. Published at New Orleans? tended to make the negroes discontented with their situation. Mr. CHANDLER. Published at New Orleans. Mr. CoKE rose. Now, on the outside of this same p[!.per, which says it is my inten­ ltfr. BLAIR. I wish to say-- tion to bring up rotten and time-worn stories of Southern ontrages, I The PRESIDENT pro tem]Jore. Does the Senator yield to the Sen­ find an account written for this Democratic newspaper by a reporter ator from New Hampshire? whom it sent to the spot for the purpose of making a report, and who Mr. BLAIR. I was only going to observe that I hoped this discus­ was undoubtedly a Democrat, of the New Iberia outrage, to which I sion would impress upon the Senators from TexnB the necessity -of the called the attention of the Senate when I first commenced my remarks; passage of the educational bill. [Laughter.] and in connection with this extract before it is read I want Senators Mr. COKE. All I desire to say at thiS time in reply to the Senator to recall the fact that Capt. C. T. Cadewas the man who drove William from Wisconsin is that the testimony from which he quotes, in my judg­ B. Merchant out of the parish of Iberia, and compelled him to take ment, utterly fails to justify any such conclusion as he draws, and I refuge in the tender mercies of the peace-loving and.orderly citizens ()f think I slmll be able to show the truth of that assertion whenever the the State of Texas. mso comes up for debate. That is all I wish to say. I will ask the Senator from Maine [Mr. FRYE] to read the article in 1 :Mr. SPOONER. I am willing to stand trial on that. the Times-Democrat of August 18, headed ''Eleven men killed. ' This Mr. CHANDLER. MT. President, about the only thing in connection was only last Thursday. with the State of·Texas which the Senator from that Sta.te, who inter­ Mr. FRYE read as follows: rupted me does not seem to know is this transaction in Washington ELEVEN MEN KIT..LED. FIGHT BETWEEY A SHEI!IFF1S POSSE AND NEGROES IN County. I hope that before long he will find out and tell the Senate IDEH.IA. THE NEGROE '; OPE N FIRE ON THE POSSE, AND KILL MR. E. PAYSOJf SMITH-THE FIRE RETURNED, Al-!l> A SHARP BATTLE ENSUES-TEN :NEGRO:Ell why it was ihat on the 2d day of December, 1886, Shadrach Felder, KILLED, AND O.NE WOUNDED . .Alfred Jones, and Stewart Jones were taken from the jail in Brenham [Special to the Times-Democrat.j · and hanged. NEW I BERIA, ...4.ugust11. 111r. President, we will pass from the killing of colored people, be­ The funeral of E. P . Smith, who was killed at Freetown on Thursda y, took cause they are Repubficans, in Texas, to a renewed consideration of the place here to-day. His remains were exposed in the Episcopal Church, on Main killing of Republicans in Louisiana because they are Republicans. I street, and at 5 o'clock, the hour fixed for the funeral, the church was crowded to its utmost capacity. Rev. Mr. Kramer officiated. The remains were interred have in my hand the Times-Democrat, of New Orleans, of Saturday, in the Episcopal cemetery, the funeral cortege including the Iberia Guards, .August 18. I find a notice of myself in that sheet, and I ask the par­ Lieutenant Burkhart in command; the AttakapasRangers, LieutenantSmedes; ticul..'U' attention of Senators to three extracts from this journal of Sat­ Phamix Bucket Fire Company, of which deceased was a member; and the en­ tire fire department. The floral offerings were numerous and beautifuL urday last. Mr. SmithcametoNew Iberia in 1869 and embarked in-land speculations. He lSpecb.l to the Times-Democrat.] was a native of the city of Chicago. At one time he was in partnership with .J. WASHINGTON, August17. C. M. Robinson, but the partnership was dissolved some years ago. Mr. Smith, who was forty·two years of age, was unmarried and had no rela­ The bloody shll·t will once m ore Wl~ve in tl1e Sena-te on ·wednesday. 1\Ir. CHANDLER gives notice that he will call up for consideration his resolution in tives in this section of the country. He was an active member of the Iberia. regard to the investigation of the Louisiana elections. He proposes to make a Guards, and a national Republican, but in all local issues he voted the Demo­ speech in sup port of his resolution, but no one suspects him of a desire to have cratic ticket and was an active worker for that party. the investigation started. The causes which led to the sad and untimely taking off of the deceased wera b riefly narrated in Thursday morning's Times-Democrat, and with a yiew ot \Ye will see about that when we get to a vote. obtaining the full particulars of the fight a staff correspondent of the Times­ A s the mn.tter stands at present, it gives Mr. CHANDLER an opeortunityto re­ Democrat was dispatched to the scene, arriving in due time a t New Iberia, w bere peat al.l those old time-worn stories about Southern" outrages." He thinks very little difficulty was exper ienced in obtaining the particulars of the d ep lor­ tha t -during this campaign the Republican party will be benefited by the dig­ able tragedy. ging up of those old bones, and thereby, in effect, admits that the G. 0. P. is in So as to make the story clear to those unacquainted with this section of the a m ighty poor way,and needs all the props and supports it can possibly secure, country and give them a proper conception of the .situation, it is necessary t o eve n though some of them are rotten. begin with the organization of the "regulators," which took place some w eeks ' ago. I tur~to the left side of this same sheet which speaks of these stories The objects of the association are to punish the wicked by whipping pm·ties as time-worn and rotten, and as old bones, and will read an extract: found guilty of improper conduct. In all the Attakapas parishes the regulators Opelousas is in St. Landry Parish. It returned 3, 909 votes for Nich­ grew and flourished until they became quite strong, so strong, in fact, that tore­ sist them seems to be an impossibility. They claimed that they were a necessity, olls and 3,278 for Warmoth. The white voters numbered 5,507, and as the- morals of the lower class of whites and blacks were becoming terribly the black voters numbered 4,G59. St. Landry is a parish where the bad. black Toters are tryin!i to hold their own. This is the extrnct: Near New Iberia, about 10 miles to the westward, ts situated the little villa.,.e of Freetown, a. place occupied entirely by colored people, who own property, ON TIUAL FOR MURDER. raise crops, and live very much as they please. Some of these colored people [Special to the Times-Democrat.l are quite respectable and wealthy, while it is alleged that others are decidedly bad. OPELOUSAS, August 17. When the attempt was made to regulate affairs a.t Abbeville, Vermilion Par­ Beforo District Judge Lewis to-day the caseofDeputySheriff John W . Seeley, ish, on August 10, lSOme of the refuge~ from that place went, soit is said, to Louis Young, Alfred Young, Riviere Richardson (colored), Valle Bellare, and Freetown, wher e the bad negroes agreed to protect them from the regulators. Lucien Chapman, charged with the murder of George Anderson and the shoot­ They openly made threats that they would protect any and all colored refu­ ing and stabbing of Louis Jackson, both colored, came up for a hearing on a gees, and would regulate the whites if they attempted to regulate them. writ of habeas corpus to show cau~e why they should not be admitted to bail. These are the reports which reached New Iberia and other towns, and the At the close of this repo1·t proceedings were still pending and will probably whites began to feel that it was time to act. During the beginning of the week continue another day. the complain~ from Freetown became more frequent and alarming, and it was According to the testimony elicited before Coroner Dr. Littell and .Judge Lewis, reported that the colored people were drilling every night, riding rough-shod it transpires that the-two Inen were arrested in Bellaire Cove, near Ville Platte, over people's places, and in otherwaysconductingthemselves in a manner con­ charged with violating the hoodlum act, in other words, disturbing the peace. sidered very objectionable. This was the condition of affairs when the follow­ I undertake to say from what I know of such transactions that those ing letter was received by Captain Cade: men were charged with no substantial offense whatever. "POTEAU, PARISH OF ImmiA, ...4.ugustl5. . Deputy Sheriff Seeley executed the warrant, and with his prisoners tied and "To Capt. 0. T. CADE, l.Tew Iberia, La• bound, and accompanied by Richardson and Chapman, whom he bad pressed "DEAR Sm: We., the undersigned citizens and 1·esidents ofthe Fi.fth ward ofthe into service, proceeded in a hack on the way to jail at Opelousas. When about parish of Iberia, Louisil\lla, do respectfully beg you to come out with your com­ 7 miles from town, on the Ville Platte road, the party was stopped and both pany on the nearest future day to preserve the peace in our neighborhood among prisoners shot, Jackson being also stabbed. The wounded men were then con­ the negroes. They are all under arms and ready to do some bad work among the tinued on their way to jail and incarcerated by the deputy sheriff, who gave no whites. ·we assure you that they are all armed and ready for fighting, especially explanation of the affair o r made no report to the sheriff. in Freetown and at old Tom Simons's pla~e. Anderson subsequently died, and in his dying d eclaration charged Seeley- "Awaiting to be helped, yours." Signed by Euclie u Norres, Duplic Romero, Jos. Remero, Bu1·ese D elahous­ That is, the deputy sheri:ff- saye, Dema Delahoussaye, Horner Romero, Dupre Romero, Cenesse Delahous­ with the shooting, just to please Louis Young. saye, .Jos. Norris, R. F . Drouen. The other '1--ictim, who is dangerously wounded, in his testimony implicates Captain Cade, who is a deputy sheriff, showed the letter to numer ous influen­ Seeley and the Youngs, with whom he about a year ago bad a previous drffi­ tial citizens, and after discussing the matter thoroughly be concluded to go with culty before .Judge Lewis. a posse and demand the surrender of guns and arms held by the negroes. The Richa~dsou made a clean breast of h~s share in the business by telling, among party consisted of eight men, aad Captain Cade left New Iberia. at 1 a.. m. on other thm;rs, that be shot Frank Carolme, a. colored man, who, with his familv Thursday, August 16, 1\lld reached a point beyond at 11 o'clock. they met on the road iu a buggy. He swears that the deputy sheriff had noth ~ In passing near Freetown Captain Cade was informed that assistance would ing to d.o with it. soon join him. After a wait of some minutes Captain Cade was joined by squads Considerable indignation is felt in this community and the act is severely de­ of armed men from Vermilion and Lafayette Parishes. Thus augmented, the nounced, c-lespite the previous good standing of the accused. The idea of pris­ posse numbered about one hundred and fifty men. .A. brief consultation re­ oners, tied and helpless. being shot while in custody eo stirred up the people sulted in a plan of action, and the posse was divided into two squads and rode that during last night the jail was guarded for the protection of the accused. into town. The attact:s on the prisoners is attributed to the combined influences of liquor It was now just 1 o'clock and very few negroes were found in tile streets. and an alleged old grudge of the Youngs against .Jackson, growing ou t of a pre­ Thoma..q Simon, one of the most respectable negroes in this section. was sent for v ious difficulty oyer a game of ro.rds where Young, senior, g ot the worst of it. a nd be came to the posse. Simon was sixty-fi-ve years of age, had a large fam- . 7828 CONGRESSIONAL RECORD- SENATE . AUGUST 22,

ily, and owned property. He was friend1y, or pretended to be, to Captain Cade, begun from the bouse by the negroes. He is the man who came out of the hou~e and Captain Cad asked him to call the negroes out and get them to surrender and surrendered when the shooting began. All is quiet here now. their arms, promising if they did so that no harm would come to them. Simon had a consultation with the negroes, who bad congregated in a large two-story Mr. CHANDLER. "Old bones," :M:r. President; "time-worn sto­ bou e owned by Celestin Nore, a preacher. Old Simon returned from his trip ries!" ·why, the quivering flesh and the fresh blood of these negroes with the information that the negroes bad scattered and could not be found. He is to be found in the streets of Freetown this very day. This occurred : said that the posse would have to come some other day if they wanted to see but last Thursday, and this murder of negroes was as atrocious almost · the negroes. While this conversation was 2:oing on one of Captain Cade's men saw anum­ as any one that can be found in all the annals of this bloody business ber of powder-horns, guns, etc., in the bouse, and so informed the captain. of keeping the South solidly Democratic; it is as damnable as the mur­ Simon then left the captain, but lingered in the vicinity. A negro named Kokce was then pl'essed into service. He was sent into the der of eight negroes in Spanish Camp, Tex., the facts of which I hone house by Captain Cade with instructions to tell the negroes that they would be will be presented to the Senate at some time by the elenator from Wis­ given five minutes in which to surrender their arms, promising if they did so consin [Mr. SPOONER], and I commend to the Senators from Texas 3n that no harm would come to them. if The five minutes elapsed and then Kokee came to the door with one negro, investigation, they want to know what is going on in their State, of who stated he was willing to surrender. The posse had been in front and the bloody butchery, the shooting down, near a cabin where they had around the house for over two hours. They bad used every effort to get the taken refuge and from which they were driven by setting it on fire, of negroe~ to surrender their weapons, but apparently without effect. The one neJp"O who appeared a.t the door with Kokee held his gun in his hand. nine negroes, about Feb~ry 28, 1883, at Spanish Camp, Wharton _, One of Captarn Cade's men call out to him to drop the gun. He did it, and as County, Texas. be did the negroes in the bouse opened fire. The fire was returned by the posse. Mr. President, these negroes at Freetown, La., were peaceable; they Volley after volley was exchanged. Then the fire became more ragged, but for over thirty minutes was kept up. were doing nothing wrong, yet they were to be subjected to the pro­ Then the responses from the house where the negroes were surrounded began cesses of what are called "the regulators," who are engaged in the to grow faint and finally ceased entirely. Captain Cade approaehed the bouse business of whipping negroes in Iberia Parish in order that they may and attempted to push aside a window-curtain so as to see inside. As he did so be was fired on, but retreated unhurt. be in such a state ofintimidation that next November they will not Then E. PaysonSmithandAlfredLa.salle approached the door. Captain Cade attempt to go to the polls and Tote for Cleveland. ordered them to return, but they persisted. His commands were unheeded, Mr. SPOONER. You mean Harrison. and the men boldly rushed into the house to ascertain the result of the fire of their comrades. Just as they entered they were fired on. Mr. CHANDLER. Yes, for Harrison; but according to the modern A cloud of smoke filled the doorway and La!!a.lle emerged out into the open Democratic theory, they are all dying to vote the Democratic ticket; air, pistol in hand, firing into the house as he retreated. Smith was not with certainly a good many of them are dying without doing it. him, and at once it fiasbed through the minds of the posse that be bad been killed. Smith's name was called again and again, but no answer was received. Take the facts in this case. This g~ng of Captain Cade, which is en­ Lasalle said he thought Smith bad been killed. gaged in bulldozing Iberia Parish, it appears from the statement which At this momen~ a number of negroes from the othet· end of town came up and the Senator from Maine read, killed Thomas Simon, and the meanest· surrendered their guns. They were not molested. One of them, Marshall De­ gas, was directed by Captain Cade to enter the house and bring out Smith's and most dastardly and wicked thing of all is that they killed this very body. The firing bad stopped on both sides and not a sound emanated from Sam Kokee, whom they pressed into the service and sent into the house. the building. Among the list of the killed we have Sam Kokee, Thomas Simon, An­ Degas did not enter. He looked in at the window and saw that Smith was dead. He reported that fact to Captain Cade, and, as he wa-s not strong enough tonio Michel, Ramson Livingston, jr., John Simon, Peter Simon, and to carry the body out, asked for help. four others. · Another negro was sent t-o his assistance, and they brought the dead body Here was a settlement of colored people owned by Thomas Simon out. It was found out that one-half of Smith's face had been shot off and that his heart was filled with buckshot. His weapons bad been taken from him. mainly, and these negroes, hunted for no cause, while exercising only The same negroes who had previously entered the bouse were ordered to go the rights which they are supposed to have as American citizens, took back again and draw the curtain, so that the posse could see how to fire into refuge in the house of the clergyman, their pastor, and were shot to the room. As the negro entered two negroes jumped out and ran into the field. They death, as this Democratic reporter states in the report which he makes were shot down as they ran. By this time the negroes, who had been so or­ to a Democratic newspaper, and this is called "raking up old stories!" dered, pulled down the curtain, and the posse saw that the window wa-s covered Why, Mr. President, this sort of business is a political movement, a on the inside by a feather mattress. The mattress was seen to move, and in an perpetual political movement of the Democratic party in the Southern instant it was riddled with bullets. Death, certain and instantaneous, rome t-o those behind it. It was now grow­ States, especially in the States of Louisiana, Mississippi, and South ing late, and the house was still surrounded, but its batteries appeared to be si­ Carolina, and it is carried on for the purpose of keeping the South lenced. Celestin Nore, the owner of the bouse, arrived a.~ this time and was sent by Oade into the house to ascertain if any one was still al i\·e. solid while violating and annihilating the fifteenth amendment to the Celestin is a colored preacher, and be entered fearlessly. He C81lle-out and Constitution of the Unit.ed States. so.1d that all were dead. It was not considered safe to believe him, however, I come now, Mr. President, t-o and he was ordered to take other negroes to assist him and to bring out the corpses. This he did, a.ud soon what appeared to be the bodies of five dead ne­ EAST CARROLL, . groes were laid out in the grass. The posse congregated around the bodies. which was returned as casting 2,680 votes for Nicholls and 285 votes One of Captain Cade's men thought be detected signs of life in one of them. He said: ''Captain, here is a negro shamming; he a,in't burt." The body was for Warmoth. The white voters registered in the parish are 233; turned over and over and examined carefully, but not a scratch could be found. blacks, 2,343. These 233 whites, if the color line was drawn, cast All this time the supposed corpse remained perfectly motionless. One of Cap­ 2,680' votes, while 2,343 colored voters were only able to cast 285 votes! tain Cade's men raised his heavy riding whip and it fell with stinging force on the body. Unable to stnnd the pain, ~he negro, who had taken such desper­ The following statement as to the condition of affairs in East Carroll ate chances for his life, sprang to his feet and was instantly riddled with bullets. has been furnished me by a. person of the hlghest character, whose name There being no longer any don bt llB the fate of the negroes, the posse began col­ I will give to the committee of investigation: lecting the arms, and secured twenty rifles and guns and any number of pistol!!. The negroes who had been captured were gi\'cn their libert~·; they, of course, If the voters of the Northern States are willing to submit to this condition of turning over their arms to the posse. things, I say their Southern. masters ought to take charge of them and make A list of the killed among the colored is 3.5 follows: Snm Kokee, Thomas Si­ them slaves for life. We are powerless to do anything here. There is no pre­ mon, Antonio Michel, alias Smith; Ramson Livingston, jr.; John Simon, Peter tense of a.ny honesty in elections in Louisiana.. At our election in April there · Simon, nnd fom· others, w-hose names could not be learned. was at no one place in this pal"ish any connection whatever between the votes ' Only one negro, Alexis Lade, was wounded. His injuries arc not serious. cast and those counted-no attempt to influence voters, and no attempt to dis­ In speaking with Captain Cade o.s to the causes which led to the organization guise the fact that they count out. of a. different box. For instance, in one ward of the regulat-ors nod to the subsequent trouble, it was learned that shortly after where there are about 260 voters, about 11 of whom are Democrats, the Repub- tnc regulators were organized a. colored man was whipped for unbecoming con­ 1icans had tickets printed with red letters instead of black, and the votes went in dnct at a point 2 miles from Irreetown. about a.s above; but when they took the ballots out to count them there were Then two men, one named Alcee and the ot.her Frnn9QiS Brouare, _were or­ only about 10 red tickets in the box, and the balance, about· 250, were straight d ererl to leave the pat·isb. '.rhe negroes Lhcn became aroused. Two weeks ago Democratic votes. Captain Cadc was asked by old Simon to regulate his own boys, as they would In one little far-back precinct, where there are only !3 registered voters, 2 of 1 whom are Democrats, they returned 123 votes for the Democratic ticket ana not work or do anything. The idea with them seemed to be that they were 1 going to be ordered to leM·e town. Captain Oade assured Simon that he would none for the opposition. None but registered voters have the right to vote. ' not be troubled, nor would his sons be. The la.w requires a list of voters to be brought. from eaation of any voter of his passed." and had issued his now notoriously official letter to the returning offi­ right of suffrage, whether by violence or fraud, would be liable to disturb the cers of the different parishes, to wit: "Warmoth is developing too much peaceable and quiet condition of affairs which have existed for several year!! in strength; see to it that your parish is returned strongly Democratic at all haz­ the parish, and they would so openly and positively disapprove and discoun­ ards." No attempt even to conceal their intention to count out and resort to tenance such methods of carrying the election as to deter the reckless and law­ fraud was made; in fact it was boldly admitted that they intended to resort to less persons 'Yho might desire to practice them; but I am sorry to say that in such methods, and they did, by counting out the Republican majority of 2,800 this I am disappointed, and from all information I have been able to gather you and substituting one for the Democratic ticket of some 2,900 majority. It was are to be deprived of your votes for me or any candidate, and the ballots you in this parish that .Judge E. J. Delony, a life-long Democrat, at the tiq~e district may cast will be counted against you unless they be given for the nominees of judge of the State court and an independent candidate for re-election, gave as­ the Democrats from governor to coroner. Therefore, under the circumstances, tounding evidence of the truth of what I assert by issuing a. few days before it will be utter folly for you to go to the polls and vote; and should you do so, the election a. letter under his signature, a.ddl-essed to the colored voters. in you would to some extent be a. party to the frauds to be committed by allow­ which he, an officer of the State, a. conservator of the peace, makes the startling ing those who commit them to use your name on the list of voters to fraudu­ admission t.hat he is convinced "that a fair and free election can not be held; lently increase the vote of the Democ~atic candidates. ad vises the negroes to abstain from voting,. as their votes will not only not be I know that I am almost your unanimous choice for re-election to the office counted as cast, but be counted against them," a.nd frankly says "that while of district judge, but being an independent candidat-e I am not to be allowed to such a condition of affairs is to be deplored, he is powerless to prevent it," receive your voles, notwithstanding the fact that I am a. Democrat, and have stating further" that he had even been warned that if he persisted in running been ever since I have been a voter, now about thirty years. as an independent he migbt jeopardize his life, and announcing for these rea- This is a sad state of affairs, but I am compelled to recognize the fact that it is sons his withdrawal as a candidate.'' / so, and to say that I am powerless to prevent it without at least the moral sup­ It was in this parish-East Carroll-that a member of the Legislature ,a promi­ port of the substanHal citizens of the :na,rish. nent citizen and attorney-at-law of Lake Providence, La.., Mr. .J. M. Kennedy, '.l'herefore, under these circumstances I shall withdraw as a. candidate and ad­ and the acknowledged leader of the Democratic party in that parish, frankly vise you to remain at home and not go to the polls on the day of the election. stated that the Republican votes would be counted out, and that it was the in­ Be quiet, peaceable, and orderly, and show to the white people of your parish tention of the Democrats to do so. that you are law-abiding and will no~ create trouble even though you are de­ On the day of the election a clergyman of the count-y seat of my parish called prived of your political rights. . on me at my residence, and as a friend begged me not to go to the polls and at­ If you do not go to the polls those who would commit frauds and violate the tempt to secure a fair count, saying that armed men were then being sent to law will not be able to do so and in that way you will contribute to an ob­ that particular box to enforce their programme, "at all hazards," and I would servance of the law by removing the pretext for its violation. risk my life in any endeavors to thwart their plans. The armed men did come I thank you for the kind feelings you have exhibited towards me, and assure to this box-Benhams, East Carroll-and remained unt.U the pretended count you I shall always appreciate the support which you have tendered me (un­ was completed, and although at this box there were actua1ly cast some 280 or sought upon my part) during this campaign. . 290 Republican votes, and but about 15 Democratic ones, the vote as returned I address this to you that you may understand why I have withdrawn, and gave the Republican ticket but 35 votes, and a Democratic majority of about that my reasons for doing so may not be misrepresented to you. 255! Respectfully, An undeniable evidence of the frauds perpetrated at this box was that theRe­ E. J. DELONY. publicans voted tickets printed on white paper in red ink, and yet when the box-pretended to be the one in which the votes were cast-was opened and M:r. CHANDLER. I have in my hand the Chicago Daily Inter­ counted, there was not one single red ticket in it, and the 35 Republican votes Ocean of Saturday, July 7, 1888, which contains a letter from W. Her­ found therein were all printed in black ink, thus showing conclusively that a. man Dinkgra'\'"e, dated at Topeka, Kans. Topeka, Kans., seems to be stuffed box had been substituted. This was done in every ward of this parish; and thus a Republican majority a favorite refuge for Republicans who are driven out of the South be­ of 2,800 was converted into one for the Democratic ticket of 2,900. cause of their politics. :Mr. Dinkgrave is, I think, a brother of Dr. B. In the adjoining county-that of 1\Iadison-colored men were whipped and H.-Dinkgrave, and I desire to state that Dr. B. H. Dinkgrave was one driven from their homes. Armed men were imported into the parish, who rode over it and terrorized the voters, and though having more than 3,c00 colored of the Louisiana victims. I quote from reliable authority: yoters, not n. Republican vote was returned. . That leading white Republican of Ouachita Parish was Dr. B. H. Dinkgrave, It is too lengthy to copy in full, but as part of my authority for th1s state­ anntive Louisianian, son-in-law ofthe chief-justice of the State- ment I refer you to a letter by H. B. Holmes, the sheriff of that parish, an inlle- 7830 CONGRESSIONAL REOORD--HOUSE. AUGUST 22,

pendent <'andidate for re-election, an

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