1890. CONGRESSIONAL REOORD-SENATE. 1229
SENATE. Mr. HARRIS. The Senator from Alabama being absent, I simply made the suggestion. WEDNESDAY, February 12, 1890. Mr. SHERMAN. I made the statement that this is the first clause of the resolution of the Senator from Alabama, and as the Republic of Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. . Brazil has been recognized it was deemed to be proper to send thiS .. The Journal of yesterday's proceedings was read and approved. with the recognition, so that it would be presented at· the same time to the Government of the Republic of Brazil. PETITION'S AND :MEMORIALS. The VICE-PRESIDENT. Is there any objection to the request Mr. MANDERSON. I present the petition of the Real Estate Ex made by the Senator from Ohio? change of the city of Lincoln, Nebr., setting forth the facts and giving l\Ir. INGALLS. What is the request? the statistical information upon which they base a prayer for legislation The VICE-PRESIDENT. The request is for the present considera which will cause the erection of a new public building at that place. As tion of Senate joint resolution 54. this is a matter of some importance so far as the statistics are concerned, Mr. HARRIS. I have no objection to considering the que-stion, bt1.t I move that the petition be printed, not in the RECORD, but as a docu I see that the Senator from Ohio on the 5th of February reported ba,ck ment, and referred to the f',ommittee on Public Buildings and Grounds. the joint resolution of the Senator from Alabama, as it was introduced. The motion was agreed to. quite a month a~o. Mr. SHERMAN presented a petition of Maj. Jonathan Cass Post, Mr. SHERMAN.. The Senator is mistaken. Where does he find No. 415, department of Ohio, Grand Army of the Republic, praying that? for the passage of the per diem pension bill ; which was referred to the l\fr. HARRIS. I find it as Order of Business 344 on the Calendar, Committee on Pensions. reported by the Senator from Ohio. Mr. PASCO presented a resolution adopted by the Chamber of Com Mr. SHERMAN. The RECORD will show that that is a mistake in the merce of Pensacola, Fla., favoring an appropriation of $40,000 for Calendar. The RECORD will show that the joint resolution introduced dredging the bar of Pensacola Harbor, as recommended by the engineer by the Senator from Alabama was not referred. It was kept open fo~ in charge of the district; which was referred to the Committee on Com debate. The joint resolution that is here near the foot of the Calendar merce. is the very measure I have now called up. Mr. ALLISON presented the petition of John Reed and other letter l\Ir. HARRIS. Let me see the joint resolution which is Order of carriers of Des Moines, Iowa, praying for the passage of House bill No. Business 344. 3863, fixing the maximum pay of letter-carriers at $1!200 a year and Mr. SHERMAN. This is No. 344, but that entry on the Calenda; providing for substitute letter-carriers at $200 a year; which was re bas no reference at all to the joint resolution introduced by the Sena~ ferred to the Committee on Post-Offices and Post-Roads. tor from Alabama. Mr. ALLE}f presented the petition of the Board of Trade of the city 1'Ir. HARRIS. On looking at the joint resolution I correct the ~; of Vancouver, Wash., praying for the grant of a liberal subsidy of not take into which I fell. It is not the joint resolution of the Senator from less than $400,000 per annum in the interest of American commerce Alabama. for carrying mails on steam-ships between Port Townsend, in the State Mr. SHERMAN. That is true. That is on the table and we conld of Washington, and the ports of China and Japan; which was referrPd not report it. to the Committee on Post-Offices and Post-Roads. The VICE-PRESIDENT. Is there objection to the present consid"!'"' Mr. COCKRELL. I present a petition of the Gentry County Farm eration of the joint resolution indicated by the Senator from Obie~ ers' and Laborers' Union, of Missouri, adopted at Albany, Mo., Janu There being no objection, the Senate, as in Committee of the WhetE!'I ary 23, 1890, demanding the extinguisbment of the public debt of the proceeded to consider the joint resolution (S. R. 54) congratulating th ~ United States by operating the mints to their fullest capacity in coin people of the United States of Brazil on their adoption of a republl ing gold and silver and tendering the same, without discrimination, to form of government; which was read, as follows: the creditors of the nation according to contract, and praying that the Resolved, etc., That the United States of America. congratulate the p~QJ)I~ QI Secretary of the United States Treasury be authorized to make loans to Brazil on their just and peaceful assumption of the powers, duties, and l'efill&1ll1 sibilities of self-government, based upon the free consent of the governeU,WJ,IJ the farmers of the United States, outofanymoney in the Treasurynot in their recent adoption of a republican form of government. otherwise appropriated, at 2 per cent. per annum, and secure the pay 1 ment of the same by mortgage on their lands. The joint resolution was reported to the Senate without amendmellf(. I move that this petition be referred to the Committee on Finance. ordered to be engrossed for a third reading, and was read the third~ The motion was agreed to. The VICE-PRESIDENT. The question is, Shall the joint resQJ.:q~~ Mr. COCKRELL. I present resolutions of Menke Post, No. 166, tion pass? department of Missouri, Grand Army of the Republic, favoring the Mr. INGALLS. On that question I ask for the yeas and nays, passage of a bill placing the enrolled Missouri mill tia on the same foot The yeas and nays were ordered, and the Secretary called the r~oll ing under the pension laws as other volunteer soldiers where they co :Mr. SPOONER. lam paired generally with the Senator from · --:) operated under the orders of United States officers. I move the refer sissippi [Mr. WALTHALL]. As I was not in the Senate when the ~O ,• · ence of the resolutions to the Committee on Pensions, and hope that call began, I do not know whether there are any negative votes. they will report favorably upon the subject-matter. The VICE-PRESIDENT. There are none. The motion was agreed to. Mr. SPOONER. Then I will vote. I vote "yea." Mr. MITCHELL (after having voted in the affirmative). When my RECOGNITIO~ OF THE UNITED ST.A.TES OF BRAZIL. name was called it escaped me for the moment that I was paired wi~~ Mr. SHERMAN. I am directed by the Committee on Foreign Re the Senator from Virginia [Mr. DANIEL]. lations to ask for the immediate consideration of the joint resolution Mr. RANSOM and others. Vote. (.S. R. 54) congratulating the people of the United States of Brazil on Mr. MITCSELL. If his friends on the other side think it proper their adoption of a republican form of government. I will vote ''yea." If not, I will withdraw my vote. I wish to say that the Senate having confirmed an envoy extraordi Mr. SHERMAN. Everybody is voting "yea." nary to the Republic of Brazil it is thought that it ought to be accom The VICE-PRESIDENT. It is a unanimous vote. panied with this joint resolution in pursuance of precedeniJ. The joint Mr. MITCHELL. Then I shall let my vote stand. resolution is the first clause of the joint resolution introduced by the The result was announced-yeas 45, nay O; as follows: Senator from Alabama [Mr. MORGAN], and that is all that it is thought YEAS-45. is necessary on the occasion. Allen, Evarts. l\Icl\Iillan, Stewart, .Allison, Farwell, l\.icPherson, Stockbridge, Mr. HARRIS. Was the resolution of the Senator from Alabama a Barbour, Faulkner, :1\Ianderson, Teller, joint or a Senate resolution? Berry, Frye, Mitchell, Turpie, Mr. SHERMAN. It was ajointresolution. Blackburn, Gibsen, Morrill, Vance, Call, Hale, Pasco, Vest, Mr. HARRIS. I suggest to the Senator from Ohio that that resolu Chandler, Hampton, Pierce, Wilson of Iowa, tion be called up and amended, if the committee chooses to amend it. Colquitt, Harris, Platt, Wilson of Md. It has been pending here for several weeks. Dawes, Higgins, Ransom, Wolcott. Dixon, Hoar, Sawyer, Mr. SHERMAN. The trouble was, as the-Senator will see, thatthat Dolph, Ingalls, Sherman, resolution has not been committed to the Committee on Foreign Rela Eustis, Jones of Arkansas, Spooner, tions, and we could not do what he desires exeept by reporting the ABSENT-37. resolution; but we have presented this resolution, embodying the first Aldrich, Coke, Hiscock, Quay, clause of the joint resolution introduced by the Senator from Alabama. Bate, Cullom, Jones of Nevada, Reagan, Beck, Daniel, Kenna, Squire, Mr. HARRIS. His resolution ha.snot been referred? Blair, Davis, Moody, Stanford, The VICE-PRESIDENT. The resolution is on the Calendar. Blodgett, Edmunds, Morgan, Voorhees, Mr. SHERMAN. It never was referred. It is on the Calendar. I Brown, George, Paddock, Walthall, Butler, Gorman, Payne, "'\Vashburn. take it there will be no objection to the joint resolution I now call up, Cameron, Gray, Pettigrew, because it was unanimously agreed upon by the committee. Casey, Hawley, Plumb, The VICE-PRESIDENT. Is there objection tothe request made by Cockrell, Hearst, Pugh, the Senator from Ohio? So the joint resolution was passed.
v~.·· 1230 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,
IIAWAIIAN DELEGATES TO PAN-AMERICAN CONGR~. He also introduced a bill (S. 2627) granting a pension to Fred. Pehin; }.fr. SHERMAN. I report from the Committee on Foreign Relations which was read twice by its title, and referred to the Committee on a concurrent resolution, and for reasons obvious on its face I ask for its Pensions. present consideration. He also introduced a bill (S. 2628) for the relief of Ransom L. Harris; The concurrent resolution was considered by unanimous consent, and which was read twice by its title, and, with the accompanying papers, agreed to, as follows: referred to the Committee on Military .Affairs. Rcsolr:ed by the Senate (the House of Rep1·esenW.tives concurring), That the Presi He also (by request) introduced a bill (S. 2629) for the relief of Cath ., dent of the United States be requested to invite the King of the Hawaiian Islands arine Sullivan; which was read twice by its title, and referred to the to select delegates to represent the kin~dom in the Pan-American Congress, now C-0mmittee on Claims. assembled at the capital of this Republic. Mr. HARRIS (by request) introduced a bill (S. 2630) for the relief REPORTS OF COM.:UITTEES. of holders of District of Columbia. spedal-assessruent certificates, and Mr. SHEIUIAN, from the Committee on Foreign Relations, to whom for other purposes; which was read twice by its title, and referred to , . was referred a letter of the Secretary of State, transmitting additional the Committee on the District of Columbia. papers relating to Samoa, moved that the communication, with the ac Mr. V AXCE introduced a bill (S. 2631) for the relief of H. H. Helper; companying papers, be printed, and recommitted t-0 the committee; which was read twice by its title, and, with the accompanying papers, which was agreed to. reforred to the Committee on Pensions. l\Ir. HAMPTON, from the Committee on Military Affairs, to whom Ur. CALL introduced a bill (S. 2632) to appropriate $40,000 for the was referred the bill (S. 1645) to provide for the sale of the site of Fort improvement of the harbor of Pensacola, Fla.; which was read twice Blll:s, Tex., tlie sale or removal of the improvements thereof, and for a by its title, and referred to the Committee on Commerce. new site and the construction of suitable buildings thereon, reported it Mr. CHANDLER introduced a bill (S. 2633) to regulate immigration \ with amendments, and submitted a report the1·eon. into the United States; which was read twice by its title, and referred Mr. SAWYER, from the Committee on Pensions, to whom were re to the Committee on Immigration. ferred the following bills, reported them severally without amendment, Jlilr. CHANDLER. I move that 500 additional copies of this bill be and submitted reports thereon: printed for the use of the Senate. .A bill (S. 773) granting a pension to James E. Kabler; The motion was agreed to. A bill (S. 1151) granting a pension to Robert Foss; A1'tfE:N"D:;.\IE~T TO A BILL. A bill (S. 1247) granting a pension to Michael Shong; and A. bill (8. 1047) granting a pension to .Uary Murphy. lHr. ALLEN submitted an amendment intended to be proposed by Mr. WOLCOTT, from the Committee on Claims, to whom was re him to the sundry civil appropriation bill; which was referred to the ferred the bill (S. 1616) for the relief of Charles Adams, reported it Committee on Fisheries, and ordered to be printed. without amendment, and submitted a report ihereon. P.A.PERS WITHDRAWX AND REFERRED. ?t!r. SPOONER, from the Committee on Claims, to whom was re Qn motion of 1\Ir. DOLPH, it was ferred the bill (S. 555) for the relief of James W. P:arvey, as assignee of Orde1·ed, That the papers relating to the claim of Clara !IIorris be taken from .Joseph Parkins, reported it without amendment, and submitted a re the files and referred to the Committee on Military Affairs. port thereon. On motion of .Mr. V ANOE, it was Mr. CHANDliER, from the Committee on Naval Affairs, to whom Ordered, That John Webster have leave to withdraw the pnpers in his case was referred the bill (S. 727) to provide for the issue of the commission from the files of the Senate. of Philip C. Johnson as a rear-admiral in the United States Navy, re ported it without amendment . . CO~SIDERATION OF THE CALENDAR ON FRIDAY. He also, from the same committee, to whom was referred the bill 1\fr. DOLPH. I ask unanimous consent that Friday's session after (S. 724) for the relief of the sufferers by the wreck of the United States the morning business may be devoted to bills unobjected to on the Cal steamer Tallapoosa, reported it without amendment. endar, under Rule VIII. Mr. CHANDLER. There was reported adversely yesterday, from the The VICE-PRESIDENT. Is there objection? Coonmittee on Fisheries, the bill (S. 718) to make the Commissioner Mr. PLATT. I object. of Fish and J"isheries an officer of the Navy Department, and it was l\Ir. DOLPH. I desire to say that I ask unanimous consent at this postponed indefinitely. I ask for a reconsideration of the voti:l, and that time in order that I may get ahead of a motion to adjourn over from the bill, with the adYerae report, may be placed upon the Calendar. Thursday. I think with the business that we now have before the The VICE-PRESIDENT. That order will be made, if there be no Senate, the long Calendar, the fact that the morning hour of every ses objection. sion is occupied with the bill to provide a Territorial government for Mr. MANDERSON, from the Committee on l\Iilitary Aftairs, to Oklahoma, and the rest of the day by the Senator from New Hamp whom was referred the bill (S. 562) for the relief of Eunice Tripler, shire, we ought to have an opportunity to get at some business on the widow of Charles S. Tripler, reported it'with an amendment, and sub Calendar; and I know that in all probability we shall adjourn over mitted a report thereon. from Thursday if we do not agreo beforehand as to what business shall He also, from the same committee, to whom was referred the bill be transacted on Friday, (S. 229) for the relief of Charles B. Newton, reporti:ld it without amend Mr. PLATT. I will agree with the Senator from Oregon to resist to ment, and submitted a report thereon. the best of my ability a motion to adjourn over from Thursday until T. A. KENDIG. . Monday, and I think that if both of us exert all the energy and ability l\Ir. HARRrn. Some time since I introduced a bill (S. 1626) for the we have we may be able to prevent the success of that motion, but I relief of T. A. Kendig, which was referred to the Committee on Post- can not consent to anything which will seemingly take away from the 0.ffices and Post-Roads. Afterwards that committee was discharged Senate the consideration of the Oklahoma bill. Therefore I must ob from its farther consideration and it was referred to the Committee on ject to the request as made by the Senator. Claims ; but the Committee on Post-Offices and Post-Roads, not being no ::'ifr. DOLPH. Then, I should like to say, the result will be that tified. has investigated the matter. I ask that the Committee on Claims the Oklahoma bill will ma.ke no progress and we shall make no prog be discharged from its further consideration, and that it go back to the ress on the Calendar. I think, if it was understood that nothing but Committee on Post-Offices and Post-Roads. unobjected bills were to be taken up after the morning business on Fri The VICE-PRESIDENT. That order will be made. day, there would not be such a pressure to adjourn over from Thursday and Senators who are compelled to be absent on Friday upon other busi BILLS INTRODUCED. ness or upon committee work would be quite willing that the Senate Mr. WOLCOTT intro -"\ - ~ ~ .• ..... _. ,...... :~_., :i:. <. ~' -· ·~: .. .-•:a.:-•-,. __••• f·,.:. 1890. CONGRESSIONAL RECORD-SENATE. 1231 session on Friday for business and to prevent a successful motion to SUPERVISORS OF CENSUS. adjourn over from ThuNd::ty. Jack R. Wilson, of Grove Hill, .Ala., to be supervisor of census for The VICE-PRESIDENT. Is there objection? the fourth census district of .Alabama. Mr. PLATT. I object. William .A . .Anderson, of Sacramento, Cal., to be supervisor of cen The VICE-PRESIDENT. Objection is made. sus for the second census district of California. KANSAS AND ARKANSAS VALLEY RAILWAY BRIDGE. Harrison Dingman, of Washington, D. C., to be supervisor of census Mr. JONES, of Arkansas. If the morning business is concluded, I for the District of Columbia. ask the unanimous consent of the Senate to call up the bill (S. 2185) John McCarthy, of New Haven, Conn., to be supervisor of censnsfor to authorize the construction of a bridge over the .Arkansas River, in the first census district of Connecticut. the Indian Territory. James McLaughlin, of Stafford Springs, Conn., to be supervisor of By unanimous consent, the Senate, as in Committee of the \Yhole, census for the second census district of Connecticut. proceeded to consider the bill. Christopher C. Haley, of Jasper, Ga. , to be supen·isor of census for The bill was reported from the Committee on Commerce with amend the first census district of Georgia. ments. .Toseph H. Thibadean, of Atlanta, Ga., to be supervisor of census for The first amendment was to strike out section 5 and to insert in lieu the third census district of Georgia. thereof; )farion Bethune, of Talbotton, Ga., to be supervisor of census for the fourth census district of Georgia. SEC. 5. That the right to alter, amend, or repeal this act, or any part thereof, whenever Congress shali consider it necessary for the public interest, is hereby Isaac Becket, of Savannah, Ga., to be saperYisor of census for the expressly i·eserved, and any expenditure required by reason of such legislation fifth census district of Georgia. by Congress shall be made by the owners of said bridge, or the corpomtion or William A. Harris, of Isabella, Ga., to be supervisor of census for parties controlling and u.~ing the same, without cost or dn.mage to the "Cnited :::itates. the sixth census district of Geor.gia. The amendment was agreed to. John H. Fisher, of Paris, Ill. ,-to be supervisor of census for the fifth The next amendment was to add as a new section: census district of Illinois. · Jacob Wheeler, of Springfield, Ill., to he supervisor of census for the SEC. 6. That this act shall be null and void if actual construction of the bridge herein auth01·ized be not commenced within one year and completed within sixth census district of Illinois. 1ihree years from the date of approval of this act. David W. l~eed, of Waukon, Iowa, to be supervisor of census for the The amendment was agreed to. . second census district of Iowa. The bill was reported to the Senate as a.mended, and the amendments Littleton S. Crumb, of Oswego, Kans., to be supervisor of census for were concurred in. the first census district of Kansas. The bill was ordered to be engrossed for a third ream ng, read the Samuel R. Burch, of Olathe, Kans., to be snpernsor of census for the third time, and passed. second census district of Kansas. INTERNATIONAL MARINE CONFEREXCE. William E. Case, of Norton, Kans., to be supen·isor of census for the third census district of Kansas. The VICE-PRESIDENT laid before the Senate the following message Napoleon B. Chambers, of Hawesville, Ky., to be supervisor of cen from the President of the United States; which wa.'3 referred to the Com sus for the first census district of Kentucky. mittee on Commerce, and ordered to be printed: Benjamin C. White, of Louisiana, to be snperdsor of census for the To the Senate an REGISTERS OF LAND OFFICES. PRO:.\IOTIO:NS IN THE AR~1Y. Charles C. Palfrey, of New Orleans, La., to be register of the land Ordnance Department. office at New Orleans, La., vice Thomas J. Butler, term expired. First Lieut. Ormond M. Lissak, of the Fourth Artillery, to be first Louis Dupleix, of Louisiana, to be register of the land office at Natch lieutenant in the Ordnance Department. itoches, La., vice Willis Holmes, to be removed. Second Lieut. Edwin B. Babbitt, of the Fifth Artillery, to be first Leslie H. Bailey, of Faulkton, S. Dak., to be register of the land lieutenant. office at Pierre, S. Dak. (a newly established office). SUR'VEYOR·GEKER.AL. RECEIVERS OF runLIC .MONEYS. J obn C. Slocum, of Orlando, Fla., to be surr~yor-general of Florida. SheldonL. Frazer, of Duluth, Minn., to bereceiverofpublic moneys at Duluth, Minn., vice Charles P. Maginnis, to be removed. COLLECTOR OF CUSTO"l!S. Edwin E. Eakin, of Sully County, S. Dak., to be receiver of public Richard 0. Bush, of South Carolina, to be collector of customs for moneys at Pierre, S. Dak. (a newly established office). the district of Georgetown, in the State of South Carolina. -. .._·.-_,. __ . ; ~. UNITED STATES MUSHAL. Felix A. Matthews, of California, to be consul of the United Sta~ Daniel M. Ransdell, of Indiana, to be marshal of the United States at Tangier. for the District of Columbia. UNITED STATES MARSHALS. POSTMASTERS. Alfred E. Buck, of Georgia, to be marshal of the United States for Chauncey F. Owen, to be postmaster at Sanborn, in the county of the northern district of Georgia. O'Brien and State of Iowa. Louis T. Barin, of Oregon, to be marshal of the United States for the Edwin A. Wood, t-0 be postmaster at Avoca, in the county of Potta district of Oregon. wattamie and State of Iowa. Henry S. White, of West Virginia, to be marshal of the United States Oliver D. Heald, to be postmaster at Kingsley, in the county of Ply for the district of West Virginia.. mouth and State of Iowa. Eugene B. Dyke, to be postmaster at Charles City, in the county of UNITED STATES ATTORNEYS. Floyd and State of Iowa. James W. Remick, of New Hampshire, to be attorney of the United Hezekiah Caldwell, to be postmaster at Wabash, in the county of States for the district of New Hampshire. Wabash and State of Indiana. De Alva S. Alexander, of New York, to be attorney of the United Charles N. Daniels, to be postmaster at Willimantic, in the county of States for the northern district of New York. Windham and State of Connecticut. Frank P. Howard, to be postmaster at Waltham, in the county ot STTPERVISORS OF CENSUS. Middlesex and State of Massachusetts. Francis Scholz, of Evansville, Ind., to be supervisor of census for Executive nominations confirmed by the Senate February 11, 1890. the first census district of Indiana. Ambrose E. Nowlin, ofLawrenceburgh, Ind., to be supervisor ofcen SURVEYOR OF CUSTOMS. sus for the second census district of Indiana. Paris Kilburn, of California, to be surveyor of customs in the district Charley Harley, of Delphi, Ind., to be supervisor of census for the of San Francisco, in the State of California. fifth census district of Indiana. COLLECTOR OF CUSTOMS. Samuel B. Beshore, of Marion, Ind., to be supervisor of census for Ali,mson W. Beard, of Massachusetts, to be collector of customs for the sixth census district of Indiana. the district of Boston and Charlestown, in the State of Massachusetts. Eugene F. Weigel, of St. Louis, Mo., to be supervisor of the census for the first census district of Mi...<:aouri. UNITED STATES MARSHALS. Eugene C. Baugher, of Richwoods, Mo., to be supervisor of census for Benjamin W. Walker, of Alabama, to be marshal of the United States the second census district of Missouri. for the middle and southern districts of Alabama. Walbridge J. Powell, of Rolla, Mo., to be supervisor of census for Orville T. Porter, of Oregon, to be marshal of the United States for the third census district of Missouri. the district of Alaska. William N. Davis, of Mount Vernon, Mo., to be supervisor of census POSTMASTERS. for the fourth census district of Missouri. J. ~mile Breda, to be postmaster at Natchitoches, in the parish of John M. McCall, of Kirksville, Mo~. to be supervisor of census for Natchitoches and State of Louisiana. the fifth census district of Missouri. I(enry A. Snepp, to be postmaster at Bourbon, in the county of Mar Arthur P. Jiiorey, of Sedalia, Mo., to be supervisor of census forthe sh~U and State of Indiana. shth census district of Missouri. Charles t. Mayo, to be postmaster at Pleasant Hill, in the county of Hobart G. Orton, of Princeton, Mo., to be supervisor of census for Cass and State of Missouri. the seventh census district of Missouri. James :rt:i:onroe, to be postmaster at Kalamazoo, in the county of Ka.la· William H. Miller, of Kansas City, Mo., to be supervisor of census mazoo ~nd State of Michigan. for the eighth census district of Missouri. Dennis M. Foster, to be postmaster at Lake Charles, in the parish of Sidney Conger, of Flat Rock, Ind., to be supervisor of census for the Calcasieu and State of Louisiana. third census district of Indiana. Omar H. Brooks, to be postmaster at Eagle Grove, in the county of David S. Dodds, of Lakota, N. Dak., to be supervisor of census for Wri~ht and State of Iowa. the census district of North Dakota. William W. Birdsall, to be postmaster at New Hampton, in the county Elias S. Clark, of Prescott, Ariz., to be supervisor of census for of Chickasaw and State of Iowa. the census district of Arizona. Jae.ob P. Prickett, to be postmaster at Albion, in the county of Noble John M. Hill, of Pullman, Wash., to be supervisor of census for -the and State of Indiana. second census district of Washington. James Abbott, to be postmaster at Springfield, in the county of Greene John W. Chandler, of Cliftonville, Miss., to be supervisor of census and State of Missouri. for the second census district of Mississippi. John W. Hoyt, to be postmaster at Brownsville, in the county of John W. Tompkins, of Lake City, Fla., to be supervisor of census Cameron and State of Texas. for the second census district of Florida. Charles It. Clements, to be postmaster at Denton, in the county of George I. Lammon, of Virginia City, Nev., to be supervisor of cen Denton and State of Texas. sus for the census district of Nevada. David W. Morgan, to be postmaster at Franklin, in the county of Otis G. Gulley, of Springdale, Ark., to be supervisor of census for Venango and State of Pennsylvania.. the second census district of Arkansas. John W. Foust, to be postmaster at Reynoldsville, in the county of Jacob Trieber, of Helena, Ark., to be supervisor of census for the Jefferson and State of Pennsylvania. first census district of Arkansas. Adam M. Rice, to be postmru:;ter at Kenton, in the county of Hardin John W. Howell, of Hot Springs, A:i:k., to be supervisor of census and State of Ohio. · for the third census district of Arkansas. Joshua C. Light, to be postmaster at Ottawa, in the county of Put- Hiram A. David, of Greenville, Tex., t-0 be supervisor of census for nam and State of Ohio. , the first census district of Texas. George Hall, to be postmaster at Lima, in the county of Allen and John Nevins, of Denison, Tex., to be supervisor of census for the State of Ohio. third census district of Texas. Schiller Fogleson, to be postmaster at Marion, in the county of Ma- Joseph F. Pelis, of Palestine, Tex., to be supervisor of census for rion and State of Ohio. · the Eecond district of Texas. Charles E. Cooke, to be postmaster at Paulding, in the county of Tho~as A. Pope, .of Cameron, Tex., to be supervisor of census for Paulding and State of Ohio. the fourth census district of Texas. Andrew D. Braden, to be postmaster at Canton, in the county of David Redfield, of Cisco, Tex., to be supervisor of census for the Stark and State of Ohio. sixth census district of Texas. Jacob Mayfield, to be postmaster at Whitesborough, in the county of Horatio 0. Ladd, of Santa Fe, N. Mex., to be supervisor of census Grayson ana State of Texas. for the census district of New Mexico. Marshall 0. Howe, of Vermont, to be supervisor of census for the Exeeutive nominations confirmed by the Senate Febru,ary 12, 1890. census district of Vermont. . William C. Hunt, of Knoxville, Tenn., to be supervisor of census CHIEF OF NAVY ORDNACE BUREAU. for the first census district of Tennessee. Commander William M. Folger, to be Chief of the Bureau of Ord Hamilton Wallace, of Tulare, Cal., to be supervisor of census for the nance, in the Department of the Navy. fourth census district of California. Allen B. Lemmon, of Santa Rosa, Cal., to be supervisor of census UNITED STATES CONSULS. for the third census district of California. Levi W. Myers, of Iowa, to be consul of the United States at Vic Frank Gilbert, of Chicago, Ill., to be supervisor of census for the toria, British Columbia. first census district of Illinois. Frederick M. Ryder, of Connecticut, to be consul of the United States Thomas A. Hubbard, of Rome, Kans., to be supervisor of census for at Quebec, Canada, . the fourth census district of Kansas. : •• 4 1890. CONGRESSIONAL RECORD-HOUSE. 1233 John C. Metcalf, of Janesville, Wis., to be supervisor of census for gentleman from Indiana [Mr. BYNUM] demands the yeas and nays, and the second census district of Wisconsin. 47 have voted on the right of the Chair in favor of the yeas and nays, Ernst Demin, of Milwaukee, Wis., to be supervisor of census for the which is a sufficient number, and they are ordered. first census district of Wiscousin. The question was taken; and there were-yea.-, 119, nay 1, not vot Andrew Jackson Turner, of Portage, Wis., to be supervisor of census ing 209, as follows: for the third census district of Wisconsin. YEAS-119. John F. Sheehan, of Sa.n Mateo, Cal., to be supervisor of census for Adams, Craig, Hitt, Reed, Iowa. Allen, :l\1ich. Cutcheon, Houk, Rowell, the first census district of California. Anderson, Kans. Dalzell, Kelley, Scull, Emil Schmidt, of Nashville, Ill., to be supervisor of census for the Arnold, Darlington, Kennedy, Sherman, seventh census district of Illinois. Atkinson, De Haven, Kerr, Iowa. Smith, Ill. Baker, De Lano, Kinsey, Smith, W.Va.. John W. Rowley, of Keosauqua, Iowa, to be supervisor of censusfor Banks, Dingley, J,acey, Smyser, the first census district of Iowa. Bayne, Dorsey, Lansing, Snider, Norman H. Moss, of Mount Vernon, fil, to be supervisor of census Belden, Dunnell, Laws, Spooner, Belknap, Evans, Mccomas, Stephenson, for the eighth census district of Illinois. Bergen, Ewart, McCormick, Stivers, POSTMASTERS. Bingham, Farquhar, McKenna, Stockbridge, Blis!', Finley, Miles, Struble, Patrick W. Fennessey, to be postmaster at Orleans, in the county Boothman, Flick, Moffitt, Sweney, of Harlan and State of Nebraska. Boutelle, Flood, l\Ioore,N.H. Taylor, Ill. Bowden, Frank, l\Iorey, Taylor, Tenn, Hillary Perdue, to be postmaster at Greenville, in the county of But Brewer, Funston, :Morrow, Taylor,E.B. ler and State of Alabama.. Brosius, Gear, lVlorse, Thomas, Charles W. Childs, to be postmaster at Marion, in the county of Browne, Va.. Gest, Niedringhaus, Thompson, Buchanan, N. J. Gifford, Nute, Townsend, Colo, Perry and State of Alabama. Burrows, Greenhalge, O'Donnell, Townsend, Pa.. Harry E. Parker, to be postmaster at Bradford, in the county of Orange Burton, Grout, O'Neill, Pa.. Turner, Kans. and State of Vermont. Butterworth, Hall, Osborne, Vandever, Cannon, Hansbrough, Payne, Walker, Mass. Oliver S. Oakes, to be postmaster at Fernandina, in the county of Cheadle, Harmer, Payson, Wallace, Mass. Nassau and State of Florida. Cheatham, Haugen, Perkins, Watson, James Harden, to be postmaster at Bartow, in the county of Polk Clark, Wis. Hender;;on, Ill. Peters, Wickham, Cogswell, Henderson, Iowa Raines, Yardley, and State of Florida. Comstock, Hermann, Randall, l\lass. The Speaker. WiUiam H. H. Flick, to be postmaster at Martinsburgh, in the county Connell, Hill, Ray, of Berkeley and State of West Virginia. NAY-1. William P. Maynard, to be postmaster at White Plains, in the county Buckalew. of Westchester and State of New York. NOT VOTING-209. Charles B. Bowman, to be postmaster at Wakefield, in the county of Abbott, Crisp, Maish, Sanford, Middlesex and State of Massachusetts. Alderson, Culberson, Tex. Mansur, Sawyer, Leonard Cornish, to be postma.c~ter at Demopolis, in the county of Allen, Miss. Culbertson, Pa. Martin, Ind. Sayers, Anderson, Miss. Cummings, Martin, Tex. Scranton, Marengo and State of Alabama. Andrew, Dargan, Mason. Seney, Clark Robinson, to be postmaster at Fairmont, in the county of Bankhead, Davidson, l\IcAdoo, Shively, Fillmore and State of Nebraska. Barnes, Dibble, McCarthy, Simonds, P. a~ Bartine, Dockery, McClammy, Skinner, William K. Dow, to be postmaster St. John, in the county of Earwig, Dolliver, McClellan, Spinola., Stafford and State of Kansas. Beckwith, Dunphy, McCord, Springer, Morgan Caraway, to be postmaster at Great Bend, in the county of Biggs, Edmunds, McCreary, Stahlnecker, Blanchard, Elliott, McKinley, Stewart, Ga. Barton and State of Kansas. Bland, Ellis, Mcl\Iillin, Stewart, Tex. Luther 1\I. Axline, to be postmaster at Medicine Lodge, in the county Blount, Enloe, McRae, Stewart, Vt. of Barber and State of Kansas. Boatner, Fitch, Milliken, Stockdale, Breckinridge, Ark. Fithian, Mills, Stone, Ky. Thomas J. Howard, to be postmaster at La Junta, in the county of Breckinridge, Ky .. Flower, l\Iontgomery, Stone, Mo. Otero and State of Colorado. Brickner, Forman, :Moore, Tex. Stump, Patrick O'Leary, to be postmaster at Putnam, in the county of Wind Brookshire, Forney, ·Morgan, Tarsney, Brower, Fowler, l\Iorrill, Taylor, J. D. ham and State of Connecticut. Brown, J.B. Geissenhainer, Mutchler, Tillman, Nelson J. Allender, to be postmaster at New London, in the county Browne, T. M. Gibson, Norton, Tracey, of New London and St.ate of Connecticut. Brunner, Goodnight, Oates, Tucker, Buchanan, Va. Grimes, O'Ferrall, Turner, Ga. Bullock, Grosvenor, O'Neall, Ind. Turner,N. Y. Bunn, Hare, O'Neil, 1'1ass. Turpin, Bynum, Hatch, Outhwaite, Van Rchaick, HOUSE OF REPRESENTATIVES. Caldwell, Hayes, Owen, Ind. Venable, Campbell. Haynes, Owens, Ohio 'Vade, WEDNESDAY, February 12, 1890. Candler, Ga.. Heard, Parrett, Walker,1'fo. Candler, Mass. Hemphill, Paynter, Wallace,N. Y. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. Carlisle, Henderson, N. C. Peel, Washington, Carlton, Herbert, Pendleton, 'Vheeler, Ala. H. MILBURN, D. D. Carter, Holman, Penington, Wheeler, Mich. APPROVAL OF THE JOURNAL. Cn.ruth, Hooker, Perry, Whiting, Caswell, Hopkins, Phelan, Whitthome, The SPEAKER. The journal of yesterday's proceedings will be Catchings, Kerr, Pa. Pickler, Wike, Cate, Ketcham, Pierce, Wilber, read. Chipman, Kilgore, Post, Wiley, Mr. ROGERS. I desire to ask by unanimous consent the reading Clancy, Knapp, Price, Wilkinson, and approval of the Journal be postponed until to-morrow in order that Clarke, Ala. La Follette, Pugsley, Willcox, our time may not be taken up in that way. Clements, Laidlaw, Quackenbush, 'Villiams, Ill. Clunie, Lane, Quinn, Williams, Ohio The SPEAKER. The gentleman from Arkansas asks by unanimous Cobb, Lanham, Randall, Pa. Wilson, Ky. consent that the reading and approval of the Journal shall be post Coleman, Lawler, Reilly, 'Vilson, Mo. poned until to-morrow. Is there objection? Compton, Lee, Richardson, Wilson, Wa.sh. Conger, Lehlbach, Rife, Wilson, W. Va. Mr. CANNON. I object. Cooper, Ind. Lester, Va.. Robertson, Wise, Mr. DOCKERY. I hope the gentleman from lliinoiswillnot object Cooper, Ohio Lester, Ga. Rockwell, 'Vright, Cothran, Lewis, , Rogers, Yoder. to that. Covert, Lind, Rowland, The SPEAKER. Objection being made, the Clerk will proceed with Cowles, Lodge, Rusk, the reading of the Journal of yesterday's proceedings. Crain, Magner, Russell, The Clerk proceeded with the reading of the Journal. The Clerk recapiro1ated the names of those voting. Mr. BOUTELLE. As there is evidently a desire to go on with the The SPEAKER. The Chair announces the following list of mem pending business, I ask by unanimous consent the Journal be ap bers as present and declining to vote, 72 in number, which the Clerk proved. will read. Mr. ROGERS. I object. If they do not choose to give us a chance The Clerk read as follows: to be heard, let them take the responsibility. lUr. ABBOTT, l\Ir. BARNES, Mr. BLANCHARD, Mr. BLOUNT, Mr. BRICK.l<""Ell, lUr The Journal was read. BROOKSHIRE, l\Ir. BRUNNER, l\Ir. BUCHANAN of Virginia, Mr. BULLOCK, lUr· TM SPEAKER. The question is on the approval of the Journal. BYNUM, Mr. CANDLER of Georgia, Mr. CARUTH, l\Ir. CHIPMAN, l\Ir. CLANCY, Mr· Mr. BYNUU. I demand the yeas and nays. CLEllIENTS, Mr. CLUNIE, l\Ir. CULBERSON of Texas, Mr. DARGAN, l\Ir. DOCKERY' Mr. DUNPHY, Mr. ED.MU~DS, l\Ir. ELLIS, Mr. FITCH, Mr. FLOWER, Mr. FOWLER' The yeas and nays were ordered. Mr. GOODNIGHT, Mr. HATCH, l\lr. HEMPHILL, Mr. HOLMAN, l\Ir. KERR of Penn-• 1\1r. WALKER, ofMassachusetts. AstheHouseisthin, Mr. Speaker, sylvania, l\Ir. KrL~RE, l\Ir. LANE, l\Ir. LA..."n!AM, Mr. LEE, lUr. LESTER of and as this is not in accordance with the agreement of yesterday, I ask Georgia, Mr. LESTER of Virginia, Mr. LEWIS, Mr. l.\IAGNERz. l\Ir. MANSUR, Mr. MARTIN of Indiana, l\Ir. McAnoo, l\Ir. McCARTHY, Mr. l\1cCREARY, Mr. Mo- the House do now adjourn. 1\llILLIN, Mr. MONTGOMERY, Mr. MOORE of Texas, l\Ir. MORGAN, Mr. O'NEALL of The SPEAKER. That is not in order in the midst of a vote. The Indiana, Mr. PAYNTER, Mr. PEEL, l\Ir. PERRY, Mr. PRICE, Mr. QUINN, Mr. XXI-78 1234 CONGRESSIONAL REOORD-:Q:OUSE. FEBRUARY 12, REILLY, l\Ir. RICHARDSON, l\Ir. ROGERS, Mr. SAYERS, Mr. SENEY, l\Ir. SHIVELY, stead of Cresarism and Cromweilis!ll. But I do not believe, sir, in the Mr. RKINNER, Mr. SPINOLA, Mr. STEWART of Georgia, Mr. STEWART of Texas, Mr. STONE of Kentucky, Mr. TILLMAN, Mr.. TultPIN, Mr. WALKER of Missouri, light of what has occurred, that anything can be done in the way of Mr. WASHINGTON, l\Ir. WHEELER of .Ala.ha.ma., Mr. WILLCOX, Mr. WILSON of appeals to this body. Appeals have been taken in vain, and in the Missouri, and Mr. WISE. light of the unprecedented rules now sought to be fastened upon us I The SPEAKER. There being a quorum present to do business ac see no hope of fairness or justice from the other side. They are joined cording to the Constitution and the vote being yeas 119 and the noes to their idols, and I believe the time will not come when the scales will 1, the Chair declares the Journal to be approved. fall from their eyes until an outra~ed constituency nex:t November Mr. McMlLLIN. We want the record to show that we make the drives them from the places they now occupy. [Applause on the Demo· 1point of order that no quorum has voted. cratic side.] The SPEAK.ER. The record will correctly state what is done. In the brief time allotted to me in this debate, I shall not be able to The following pairs were announced: go into details and discuss the entire code of rules as fully as I desire. Mr. WILBER with Mr.RANDALL, of Pennsylvania, until further I propose to discuss only those rules which indicate the despotism that .notice. this House is to be under for the residue of the Fifty-first Congress. Mr. ROCKWELL with Mr. WHITTHOR:NE, until further notice. The most despotic and revolutionary rule reported by the majority of Mr. FRANK with Mr. ALLEN, of Miss~ippi, until further notice. the committee is as follows: Mr. RIFE with Mr. FORNEY, until further notice. On the demand of any member or at the suggestion of the Speaker, before Mr. VAN Sc.H.AICK with Mr. HL~DERSON, of North Carolina, until the second roll-call is entered upon, the names of members [sufficient to make a. quorum] in the Hall of the House who do not vote.I.shall be noted by the Clerk further notice and recorded in the Journal, and reported to the ::i(>Caker with the names of Mr. BoOTHl\IAN with Mr. HAYNES, until further notice. the members voting, and be counted and announeed in determining the pres ]\fr. GROSVENOR with Mr. OWENS, of Ohio, until further notice. ence of a quorum to do business. Mr. BROWER with Mr. MCCLAMMY, until further notice. This rule shows the desperate situation in which the Republican mem Mr. CONGER with Mr. BLAND, for the 12th and 13th instant. bers of this House now .find themselves. It shows the extremity to Mr. LoDGE with Mr. TUCKER, for this day. which they are prepared to go in order to accomplish their objects. It THE RULES. is the most radical and dangerous innovation proposed by the majority The SPEAKER. The gentleman from Kentucky. [Mr. McCREARY J of the committee. Why do I say this? Because it violates the con is recognized. struction placed upon the Constitution ever since it was ratified by tbe Mr. McCREARY. Mr. Speaker, he debate on thereportoftheCom original States; because it is in opposition to all the preceden~ ever mittee on Rules has taken a very wide range, but in the remarks which since the First Congress assembled; and because it seeks to strike down I propose to submit I sha11 endeavor to confine myself as closely as pos that fundamental principle of our popular Government which vests cer sible to the great and important questions. presented by that report. tain powers in the majority and allows less than a majority of the Rep The Cons ti tu tion of the United States, in establishing a Congress to resentatives of the people to pass important laws affecting the personal consist of a Senate and House of Representatives, authorizes each branch and property rights of the citizens, and opens the way for the appro to ''determine the rules of its proceedings.'' Although this authority priation of enormous sums of money from the public Treasury for un is conferred by the first article of the Federal Constitution and has been worthy and unnecessary purposes, while the tax-payer is placed at the complied with by every House of Representatives in a few days after mercy and Rubordinated t-0 the interests of rings and corporations. organization for over a hundred years, we find this House to-day with _ I place in opposition to that rule the Constitution of the United out any rules for its government, drifting like a ship at sea without a States, section 5, Article I, wbich declares "a majority of each Hoose compass or a rudder, with no supreme law, except the law as laid down shall constitute a quorum to do business." by the chief. Whose fault is this? Why is it that the Constitution ot We stand to-day on the dividing line between the first and second the United States has been ignored? Why is it that all the precedents centuries of constitutiona1 government. There are clear skies above of oar fathers and of our predecessors have been disregarded? There us and no convulsions beneath us, and palsied be the band and para can be but one answer, and the answer is that H has suited the sweet lyzed the tongue of the man who intentionally violates the Constitution. will of the Republicans, now in the majority, to thus act, because they I place in opposition tA> that rule the declaration of the Supreme Court hoped thereby to push through their schemes, because they hoped of the United States, Kilbourne vs. Thompson, 12th Otto, page 182: thereby to gain some advantage. The powers of Congress when acting through the concurrence of both branches are dependent solely on the Constitution. Such as are not conferred by that It was not until the 23d day of January last, after the House had instrument, either expressly or by fair implication from what is irranted, a.re been in session nearly two months, that the first meeting of the Com "reserved to the States respectively or to the people." Of course neither branch of Congress when acting separately can lawfully exercise more power than is mittee on Rules took place, and to-day we would not be here eonsider conferred by the Constitution on the whole body. ing these rules were it not for the persistent, pressing, and irrepressible efforts (}f the Democratic party. All over the world, in every delibera Thomas Jefferson, the father of parliamentary law in the United tive body, the .first step usually taken is to adopt rules to regulate the States, said the British Parliament is the fountain source of our par proceedings. Ihavemanyauthorities, Mr. Speaker, tosnpportthisstate liamentary law, and the Speaker [Mr. REED] of this House said sub ment, but J will not take the time of the House to read them at length. stantially the same. l therefore place in opposition to the proposed I will refer briefly to only one or two. rule the time-tried and time-honored general parliamentary law of Sir Edward Coke, who had been Speaker of the House of Commons Great Britain. I hold in my hand a treatise on the Law, Privileges, in one of Queen Elizabeth's Parliaments, said in his 4th Institutes, when Proc~edings, and Usages of Parliament, by Thomas Erskine May, which discoursing on the high court of Parliament: is in its fifth edition, and it represents the parliament.ary law as it has As every court of justice has laws and customs for its direction, some by the been in the Parliament of Great Britain for three-quarters of a cent common law, some by the civil and canon law, Home by peculiar la.ws of cus ury. Here is what it says about proceedings in the House of Com toms, so the high court of Parliament subsists by its own laws and cl!.Stoms. mons: This was the rule laid down at that early period. Mr. Onslow, one The attendance of members is generally ample. A Mr. Garfield, Mr. HAWLEY 1 and .Mr. Conger, but he has overruled his have shown by the parliamentary law of Great Britain that a member own utterances when he was a member on the floor of this House, while may be brought into the House, but he can not be compelled to vote, his brother partisans jeered and cheered as they followed his beck and and I have shown by Cushing that you may bring a member into the call, and, like Nero, laughed as they violated the law and destroyed the House, but you can not make him vote, and that if you have not a landmarks of the past. quorum only two motions are in order: the motion for a call of the I say, then, with emphasis, that the time has come when we need House and a motion to adjourn. In opposition to all these authorities rules instead of a ruler or dictator. 'l'he time has come when we need our friends upon the other side, for their own purposes and to advance dignity in the House instead of deviltry, and fairness and justice in- their own schemes, are seeking to fu.sten on this House a rule which en- 1890. dONGRESSION.A.L RECORD-HOUSE. 1235 ables the Speaker to c.ount as many members as he chooses, and thereby first Congress which assembled under the Constitution and the motion make a. quorum, and thus pass bills or resolutions. to take a. recess was made a privileged motion by the Thirty-sixth The gentleman from Illinois [Mr. PAYSON] on yesterday asked what Congress. the minority on this side desired. I now answer that question, and I It is proposed by the Committee on Rules to omit both of these mo wish I could engrave it upon the minds-of every Republican on the other tions. side of this Chamber. The Republicans have a majority of the present These motions have been used with good effect in this Honse on House of Representatives, and a majority is a quorum. Get your men many important occasions both by the Democratic members and the together and you will have a majority, and you can do business then as opposition members. These motions have been of great advantage in you please; but do not countDemocratswbodonotvote, and thus com this Honse. pel them to help you to pass measures to which they are opposed. But My distinguished friend from Indiana [Mr. HOLMAN] in his remarks that is not the only thing I put in opposition to that rule. I say that on yesterday showed how often they bad been used with succeS!) to de in this day and time the majority of this House seem to be determined feat improper measures, and their use has not been confined to mem to carry out their own measures; that they will have no respect for any bers on this side of the House. Away back when the Kansas-Nebraska thing that I am holding up for their instruction. The full measure of bill was under consideration, the opposition used all dilatory motions my opposition to the proposed rule will not be complete until I crown to defeat that bill; and, as my friend from Indiana [Mr. HOUI.A.N] said it with the declaration of your former accomplished Speaker, Mr. Blaine, so eloquently here on yesterday, these motions-call them dilatory mo now the distinguished Secretary of State, who said: tions if you please-were used with signal success by the distingui&hed The moment you clothe your Speaker with power to go behind your roll-call gentleman from Pennsylvania [Mr. R.A.:NDALL] when the force bill and assume that there is a quorum in the Hall, why, gentlemen, you stand on was under consideration and were the means of defeating that bill. the very brink of a volcano I have but to call attention to a very important measure which has And by the statement of Speaker REED himself, who said: been pending in this House and is now pending in the Senate, to show The constitutional idea of a quorum is not the presence of a majority of all the members of the House, but a majority of the members present and partici you that the people of this country and their Representatives ought to pating in the business of the House. It is not the visible presence of members, have time to consider great and important measures, and that some but their judgment and votes, the Constitution calls for. times the only way to secure proper time for deliberation is by the use I also hold up the speeches made by Mr. Garfield, by Mr. Conger, by of these so-called dilatory motions. There has been pending in this Mr. HAWLEY, of Connecticut, in opposition to counting members who House, and there is now pending in the Senate, a bill known as the do not vote, and I ask members of the other side to consider them before Blair educational bill. When that bill was :first considered in the Sen they adopt the proposed rule. Consider, I beg of you, all these author ate it passed that body by a large majority. I believe it bas passed the ities before you rns.h in where Blaine, Garfield, HAWLEY, and Conger Senate of the United States three times. It is now again under consid feared to tread. eration in the Senate, and the information comes to us that year after M:r. Speaker, if anything else is needed togivegreater autocratic power year the affirmative vote on that bill has grown smaller and smaller, to the other side of the House than the rule I have been discussing it so that to-day it is aoubtful whether the bill will pass the Senate. is to be found in the next rule proposed by the committee, which.de The hisoory of this bill in the Senate of the United States shows the clares that "No dilatory motion shall be entertained by the Speaker." effect of time and discussion and deliberation. I assert here, and I defy contradiction, that no free representative body Gentlemen on the other side who now criticise our efforts to retain in the world has ever in trusted a presiding-officer with such unrestricted, the right to make motions to :fix the day to which the Honse shall ad such unprecedented power as that rule intrust:s to the present Speaker journ and motiens to take a recess should remember how often they of this House. made these motions when they were in the minority last session. Let There is nothing in that rule that defines what a dilatory motion is. them remember, too, how they kept Ur. Felton, a Republican, in his There is nothing in that rule which gives the members of this Honse seat by dilatory motions and by refusing to vote when there had been Ri the right and power to decide what a dilatory motion is. It is left sim report in favor of Mr. Sullivan, n. Democrat. Let them remember how ply to the sweet will of the Speaker. However earnest and however they sat in their seats ~nd refused to vote when the contested-election honest a member may be in his motion, the Speaker has the right to case of Thobe vs. Carlisle was under consideration. say ''That is a dilatory motion and I will not cnt-erta.in it;'' and when It has been well said that "Whom the gods wish to destroy they .first the member appeals from his decision he has the right to say that the make mad." The excesses and the unprecedented rules of the party appeal is a dilatory appeal and that he will not recognize it. I assert now in control of the House argue no good for them. that with this rule adopted, and the other rule to which I have referred, The lobby will soon be damoring at the door of the Capitol. Cor the Congress of the United States will consist of the Senate of the United porations and syndicates and rings will, soon after the code of rules is States and Speaker REED. adopted, come and ask their share of the legis1ation. Reckless appro Under the new "order of business" as proposed by the committee, priations of the public money, unneeded pension legislation, wasteful in Rule XXIV, a Represen tati"rnis almost completely shorn of his power educational bills, Federal election schemes with a horde of salaried offi and individuality. The 'Speaker and the chairman of each committee, cers, a tariff bill that will lighten or remo>e the taxes on luxuries and with the Speaker's permission, have absl)lute control of the business increase the taxes on the necessaries of life, are some of the iniquities brought up for consideration and a member has almost no power or that will soon come from the Republican Pandora box. rights, unless like Desdemona he gets favor while he clings with one I believe the despotic and revolutionary code of rules which, before hand to the chief and with the other to the faith of the fathers. to-morrow's sun goes down, will receive the votes of the Republican The old system authorized a member to copie into' the House with majority of this House, is the first movement in a grand plan, origi his bills and when his State was called he rose in bis place and sent nated by the Republican leaders, for the purpose of perpetuating their up those bills, and they were read by the Clerk and heard by the mem power and their control of the Government but I do not fear the result. bers, and the ever-watchful representatives of the press sent out upon The people, whose servants we are, understand the situation. The the telegraph lines in every direction the titles of the bills and, p& cyclone will come next November, and the sovereigns of our country, to haps, their substance. How is it now? Under the new orde.r of busi whom we take the :final appeal, will, in my judgment, drive from power ness you are required to hand your private bills to the Clerk and your the Republican majority of this House. [Applause on the Democratic public bills to the Speaker of the House. With silenttread anddumb side.] desperation members of this Honse will hereafter hand their private bills [Here the hammer fell.] to the Clerk and their public bills to the Speaker of this House, and Mr. CUTCHEON. _Mr. Speaker, I do not believe that we are in any the bills will be referred to committees without being read. Can any danger of overestimating the importance of this proceeding in w bich we fair man say that this is the proper way for the Representatives of are engaged. It may be that the voices of those who speak here to-day the people of the United States to do? Is this in accordance with the may not penetrate very far into the country and the speeches here de freedom of speech and freedom of action that should be acknowledged livered may not be read by the millions of our constituencies, but at the in the Congress of the United States, and does it not prove that the end of this debate there will be a vote taken, and the result of that vote rules reported by the committee show a studied determination to hu will be of vast importance to the House of Representatives, to our sev miliate member.:i and gag and suppress the minority.? eral constituencies, to the country at large, and to the future. I shall For the last fourteen years the Democrats have been in power in this endeavor, Mr. Speaker, to approach this subject without partisan bias, House all the time except for two years. During those twelve years without heat of debate, and, so far as possible to me, in a judicial frame there was equality and justice on this floor. Republicans bad oppor of mind. tunities and Democrats bad opportunities. Instead of the rules being We understand that we are not to-day preparing a rule for a day or for made more stringent to suppress the Republicans and to gag them, as a month or for a session of Congress. We are about to lay down here a the years rolled by the rules were made more liberal, and the number modus vivendi, by which not only you are to live during this Congress, of bills passed during the last term of Congress was greater than at any but which, should it be adopted, may become the rule by which we preceding term. must live in succeeding Congresses. . It becomes us, therefore, to ap Mr. Speaker, the next and the last point that I wish to make is in proach this question not in haste, not in heat, but with decorum and relation to the new rule under which it is proposed to omit from the deliberatfon. code of rules a motion to :fix a day to which the House shall adjourn We stand, Mr. Speaker, to-day at the turning-point of a century, and a motion to take a recess. The motion to :fix a day to which the upon the threshold of the second century of Congressional government Honse shall adjourn was made a privileged motion in 1789 by the under the Constitution. It is a period of change. Old things are pass- -·~ .. ,,,,;::-·· ~ ..- J 1236 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, ing away; many things are becoming new. Great events are just be- procedure of this House a deep wrong perpetrated whereby it is po1- 1 • hind us; portentous issues are just before us; and as we shall give to sible for one member to take this House by the throat and throttle i.l the popular branch of Congress power to legislate for the people and in its entirety and to prevent its proceeding with its legitimate aJld through the people those issues will be shaped. constitutional functions. That is the evil, that is the wrong we pm- A new civilization is upon us of which our fathers who sat in the pose to uproot by radical changes in our code of rules. First Congress never dreamed. We are surrounded by wholly new cir- But we are told thatat another time some illustrious persons opposed cumstances. New fields of legislation have opened upon us unknown one of these very changes and the names of such able men as Blaine and to them. With new necessities we must adopt new methods of pro· Garfield, Conger, and HAWLEY are quoted, it may be to frighten us from viding for those necessities. We propose a new code of rules, different our purpose of making the proposed change. from the old chiefly in that they are designed to facilitate legislation, Mr. Speaker, no gentleman on the other side of this House holds in and not to obstruct it; in that they are intended to give the control of higher esteem ordeeperveneration those illustrious names than myself: business into the hands of the majority, and not leave it at the abso- Wereplytothisthatwhentheyacted they acted in the lightof circum. lute mercy of the minority; in that they recognize the normal condi- stances which surrounded them and aecording to their highest conv~ tion of a legislative body to be action, and not to be obstruction. These tions of duty. But I desire to say, Mr. Speaker, that no man can Adi. results are to be accomplished principally by the means which I shall for me in the discharge of a present duty in the light of present cir- specify: cumstances but myself. Fir.st, the mode of introducing bills and of making reports is to be For myself, Mr. Speaker, I must be permitted to act upon my OW'll changed so as to economize time. conviction of what constitutes duty. I must be permitted to act accord.- I recollect very well, Mr. Speaker, that in the :first two Congresses in ing to the lights surrounding me. No man can invoke for me the shades which I bad the honor to sit as a member of this body two entire days of the past to dictate the duties of the present. For my own part, sk.., were consumed-the first two "bill days "-in the introduction of I al ways reserve to myself the right to change my optnions from time to bills. Upon the :first day, in :five hours, we succeeded in getting down time. The good of yesterday may not be the best good of to-day. Tba.t" to the State of Massachusetts on the call of States. This was repeated which our fathers thought the highest, the wisest, and the best, in the in the Forty-ninth Congress. In the Fiftieth Congress we gained some light of to-day may appear to us to be inferior. relief, because the then Democratic Committ~e on Rules brought in a All of these new rules can be summed up in just two expressionJ: new rule providing that all private bills, resolutions, and memorials first, the expedition of business and, secondly, the rule of the majority. should be handed to the Clerk or go into the petition-box for distribu- That is all. Economy of time and power reposed in the hands in which tion to the appropriate committees. We have realized no evil-results the people have placed it. That is all there is in it. from that rule so far as I am aware. It is now proposed that this rule, Now, what is th~ ground for this change? Why this change now which has proved so economical of time and so beneficent to the House and not twenty years ago? The answer is plain. First, the change of in regard to private bills, shall be extended to public bills. And I ap- political parties; the advent into this Chamber in this Congress of a dif.. prehend that at the end of one Congress the wonder with us will be, erent political school from that which has been in control of the House not that this rule is proposed now, but that it was not proposed and for the past fourteen or sixteen years. The school of Jefferson, for the acted on many years ago. In the same way, instead of calling the com- time being, has been retired by the people, and the school of Hamiltoa mittees every morning and occupying an hour or two in the reception and of Washington is placed in control. The party of strict construc of their various reports, the committees are to be permitted to bring in tion has been ordered to go to the rear, and the party of broad and their reports and :file them with the Clerk for printing and reference to liberal construction and of national constitutional powers baa been in. the Calendar, and thus economize the time of the House for the trans- trusted with the helm of the ship of state, and changes in the mode or action of business. . procedure and of policy must inevitably .follow this change of politicd No gentleman has yet given a:µy good reason, and I venture to affirm control. no gentleman can give any good reason, why the time of the House The school of State sovereignty: as it used to be known-and I speak should be occupied day after day by the call of members for the intro- in no invidious sense-the school of State soverei~nty gives way to duction of bills or the call of committees for the formal making of re- the school of National Union. Yon gentlemen who have been in coo. ports. This is the first material change proposed. trol in the past years believed that the province of Congress is to leave Secondly, by striking out certain privileged motions in Rule XVI, everything possibJe to the "sovereign States." You narrowed tha which have been used, not in good faith, but for the purpose of delay, sphere of Federal legislation. But the school of Hamilton, now in and bv providing that no dilatory motion shall be enterlained by the control of the nation, believes in enlarging the scope of Federal legi5- Speaker. It is not proposed, Mr. Speaker, as I understand, to inter- lation. We believe that this is a Nation with a big capital N, if yoa fere with the legitimate use of these motions, the motion to fix a day please; an N large enough and high enough to be seen to the utmost to which the House shall adjourn, or a motion to take a recess, these limits of the earth, on every sea and in every land, and we believe tha~ motions omitted in Rule XVI in the new code of rules. there is a duty imposed upon us commensurate with the magnitude of The old rules provide when a question was under debate no motion the Nation for which we are to legislate. shal L be received except to fix the day to which the House shall adjourn, Another thing, Mr. Speaker, that demands this change in the rules to adjourn, and to takearecess, andsoforth. Thenewrulestrikesout of procedure is the growth of the country, the increase ofpopulatiou. the motions to fix the day to which the House shall adjourn and to take the accumulation of wealth-legislation that was not demanded irl a recess, and I challenge any gentleman to give good reason why pending former times, but which is demanded in the present time. Great trans a debate a motion should be entertained to fix the day to which the portation companies, byrailroad and steamboat, of which our fathezs House shall adjourn. That motion will come at the proper time, but never dreamed; commerce, interstate r:.nd international commerce, rivers it is not t-0 be injected during the deb::tte for the purpo~e of delay, or a and harbors and the improvement of them, the extension of the nation's motion to take a recess, which is not a proper motion pending a debate. interest in agriculture-all of these demand a new departure. It ill And, third, it is proposed to provide against the breaking of a. quo- only within a few years past that it was supposed that the National rum of the House by members sitting mute and refusing to vote. Government had nothing to do with agriculture at all, and yet we And, fourth, by various provisions in the order of business designed have seen within the past two years, upon a bill brought into this to give the control of the business of the House into the hands of the House by a gentleman on the other side of it, the Department of .Agri majority. culture established, with a Cabinet officer at the head of it; a pleuro- Now, against these se>eral propositions of the majority it is alleged pneumonia bill passed that authorized the national authorities to enli& by the other side of the House,tlrst, that these rules are new; that is, it is I every cattle-pen and barn-yard in the nation to inspect the cattle to see a variation from the former usage of the House. That, Mr. Speaker, whether they were diseased or not. The scope of legislation is enlarg must be concedE>d, but I have yet to learn that becam:1e a thing is new ing, widening, broadening from day to day. it is necessarily bad. On tbe contrary, all reform, from the nature of Again, and thirdly, legiielation growing out of the war has enlarged the case, must be new. We would never get on in this world if we did the scope of the national Congress. The national debt, a result of tba.ti not attempt sometime to do something new. Let it be conceded, then, war; the national ban ks, a result of that war; war claims innumerable, that the proposition is a new thing. pensions, military affairs, bounties, back pay, muster, Federal control Secondly, it is said, and we ha>e heard it iterated and reiterated un- of elections, the status of the negro among the lately enfranchised classes til it bas become sta.le in our ears, that the proposed rules are revolu- -all of these are new and almost unheard of before in the history of tionary. Well, if it is meant by that simply that we are about to make legislation of the United States. a radical change, let us admit that in that sense the proposed change Mr. Speaker, we hear a great deal about "before the war." I do is revolution~ry, because it propose<> to substitute the rule of the ma- not refer to this now in either a partisan or sectional sense, but simply jority for the rule of the minority. It proposes to substitute action as an epoch. Before the war there was no great national debt, there for inaction. It proposes to substitute legislation for obstruction, and was no national-banking system, we had no Agricultural Department~ in that sense and to that extent, and that extent only, they are revolu- before the war we had no Life--Saving Service; before the war we had tionary. no Interstate Commerce Commission; before the war we had hardly Mr. Speaker, we may say further, in reply to the charge that these rules anything· compared with what we have now. All of these demand leg are revolutionary, that no long-continued and deep-rooted evil can be islation. Then it was simply for Congress to meet and make the an. removed except by radical measures, and we have realized, and the nual appropriations to carry on the departments of the Government we realization bas been growing on us for years, that there is in the system of had in existence. But, ns I have said, and I repeat now, the scope \. 1890. CONGRESSIONAL RECORD-HOUSE. 1237 has increased and widL. --, his is partly indicated by the increase will "meet you at Philippi" on tbatrissue, and we will guaranty that of the number of bills presente in the various Congresses, and I will the people of the United States will not be with you on the issue that give you an instance of a few of them. you can sit here in your seats and pa.rticipate for obstruction, but not In the Forty-fourth Congress, during the two years of its existence, for legislation. there were introduced the number of 4, 708 bills; in the Forty-fifth Con The other great point is as to the introduction of dilatory motions. gress the number had increased to 6,548; in the Forty-sixth Congress, It is provided that the Speaker shall not entertain dilatory motions. 7,257; in the Forty-seventh Congress, 7,685; in the Forty-eighth Con Why, Mr. Speaker and gentlemen, that has been parliamentary law gress, 8, 290 ; in the Forty-ninth Congress, 11,260 ; in the Fiftieth Con from the beginning, it is parliamentary law to-day, and it always will gress, 12,664, and in the two months already elapsed of the Fifty-first be parliamentary law. What is a dilatory motion? A dilatory motion Congress 6, 776 bills had been introduced and referred two days ago. In is a motion that is made not in good faith, not for the purpose for which other words, in the two months already elapsed of the Fifty-first Con it purports to have been made. But it is made for the purpose of delay, gress we have intr aced more t,han 2,000 more bills than were intro not for its ostensible purpose. There is no recognized practice of parlia duced during tL entire period of the Forty-fourth Congress with its mentary law that will allow a dilatory motion. It is always out of two years of existence. Then, Ur. Speaker, in order to meet this in order. It has always been competent for the Speaker of the House or crease in business, we must ha,·e a new system of rules. We can not for a presiding officer of any parliamentary body to declare it out of transact this business, l\Ir. Speaker, under the old system, and if the order. It simply puts into these rules in plain English words the law function of a legislative body is to legislate, not to obstruct legislation, as it has existed always in every parliamentary body in this land. I we must have the facilities by which and under which we may legislate. hold in my hand a little manual of parliamentary procedure by Sen Now, while this opposition to this new code ofrules is made all along ator Crocker, of Massachusetts. M:any of you have doubtless seen it. the line, the battle rages chiefly around paragraph 3 of Rule XV and This work was printed fortunately long before this trouble arose, was clause 10 of Rule XVI. The fir .~t is the rule which provides for as contemplated or expected, and I find the very first sentence in this certaining the presence of a quorum when members refuse to vote and manual, which was written by the president of the Massachusetts senate, the second provides that "No cl i latory motions shall be entertained by as follows: the Speaker.'' In regard to the first, the method of ascertaining a quo The system of conducting meetings so that the will of the majority shall be rum, I undertake say, as was said by my friend from Illinois [Mr. ascertained and expressed with accuracy and with the utmost expedition con to sistent with fair and due debate is generally called parliamentary law. PAYSON] in bis remarks on yesterday, it is the same as was long in use and is now in force in the British Parliament; and I assert now that, in But the gentleman from Georgia [~1r. BLOUXT] says there is no ap the English House of Commons, from which we derive our parliamentary peal. The proposition is absurd. The refusal to entertain is a ruling law, from time immemorial the method of ascertaining a quorum has that the motion is out of order, and the very first rule of this code gives been by the count of the Speaker, and not by a recorded >ote. I under the right of appeal. The right of appeal remains precisely as under the take to say further that in Avery parliamentary body in this country former rules, without change of a word. The outcry is a baseless and not governed by a code of rules as this is there is no mode of ascer a senseless one. No right of the minority is impaired. No right of taining the presence of a quorum except by ocular inspection of the any member is diminished. members present by the presiding officer. Go into any one of your '£he.~e rules simply remove the clutch of the highwayman when committee-rooms in this Capitol, and when does the chairman call the he puts bis pistol to your head and shouts '•Stand and deliver.'' They a committee to order? Why, when he knows by ocular inspection that are new, but they have not come too soon. The common sense of the quorum is present. Go into any debating association of this country or plain people is with m. They helieve that we are here to legislate. into any political convention, and you will find there, as in all popular Our business and our privilege is to legislate. If we abuse that privi assemblages, that the regularly authorized method of ascertaining the lege, the people will find a remedy swift and sure. presence of a quorum is by ocular demonstration. \Ve are here surrounded with new circumstances in anew era of the But, Mr. Speaker, I must hasten on. That a member should sit Hepublic, with new duties thrust upon us, and these duties impose mute and refuse to vote was never in the contemplation of the Consti upon us new action and new methods of procednre. Let me close in tution, which, in section 5, Article I, provides that less than a quorum the language of M:a&;achusetts's most distinguished poet: of this House may adjourn or compel the attendance of absent mem New occasions teacli new duties; Time makes ancient good uncouth; bers. He must upward still and onward Now, that was not designed to be a nugatory provision in the Con "-ho would keep abreast of truth. stitution. It was not empty words; it was put in there for a useful Mr. Speaker, we must have the courage of our convictions, and for purpose. Of what avail is it that the minority may compel attendance oue I am thankful that we have had in the Speaker's chair in this of the absent members, provided that when they come here they may House a man who had the courage of his convictions. [Applause. J sit mute in their seats and decline to vote. The fact that the minority Ur. BUCKALEW. Mr. Speabr, Ih:ivefeltsomedesiretopla.ceupon can compel the attendance of absent members carries with it the neces the records of our debate certnin vie\Vs which I hold upon the two main sacry intendment that when they have compelled theirattendance they questions involved in these proposed amendments of the rules of the shall vote or shall be counted to make up a constitutional quorum. House, namely, the question of ascertaining a quorum under the Con General parliamentary law requires them to vote; the rules of this stitution in this Honse and upon the question of dilatory motions. House have always required them to vote; good faith to the trust which Now, sir, one thiugis perfectly plain at this stage of the debate, and has been committed to them by the people requires them to vote; and that is that the bulk of argument in favor of these changes and the if in defiance of universal parliamentary law, if in defiance of the rules grefit body of the speeches that ham been delivered in their favor are of this House, if in defiance of the Constitution itself, they sit m:1te reiterations, over and over again, of the fact that the power in our and refase to vote, then at least this body should have the power to former rules to make dilatory motions in this House was abused. Un have the poor pri vilegc of counting their bodies to see whether there is doubtedly that is true, and it is upon that point, and upon that point a quorum in the Chamber to do business. alone, that gentlemen who are in favor of these changes can make Now, as to this matter there is but one issue, and that is not what any appeal whatever to public opinion outside of this Chamber or to constitutes a quorum. We are all agreed upon that; it is a majority opinion within it. of the House. It is not whether a member may be compelled to vote Now, sir, I will for a few moments turn my attention to the first ques against his will. No method has yet been devised to compel an un tion out of which this controversy arose and which is yet involved in willing member to >ote. It is not whether there is a quorum in the debate, because its solution in favor of the views of the Speaker is in House so that it may do business. The presence of a quorum is always cl udecl in these rules. Ha>e the members of this House, have a por presumed in the Honse unless the contrary is shown. The question is tion of the members of this House, under the Constitution and under not whether the presence of a quorum can be ascertained by a recorded the laws of the House as they have been heretofore understood and vote; that is conceded by everybody. The only issue is whether there is administered, have they a right to demand that a 1Jill shali be passed any other way of a.scertaining the presence of a quorum except by a by a. majority of the whole House? That right has been unchallenged recorded vote. in this House up to this session. That right has been exercised by Why, l\fr. Speaker, from time immemorial we have acted upon the most of the gentlemen who are now here, on both sides of this House. presumption that there was a quorum present unless the contrary ap When the demand for the previous question, the instrument of the peared. Is it possible that a gentleman can get up here, as we have majority and of the caucus, is abriut to be used for the purpose of seen done in the last two weeks, and demand the yeas and nays, vote, stifling debate in this House and preventing due consideration of pub· then withdraw his vote, then get up at the close of the call of the yeas lie measures by the members of the House, members have appe1led to and nays and demand a reca,pitulation of the vote, a sufficient number this constitutional and lawful power of demanding that there should of these gentlemen participating in this 'Yay to make more than a he debate unless a majority of the whole House should vote to sustain quorum of the House, and then, because he had rnfused upon the roll the previous question and thus shut off debate. So far this has been a. call to answer yea or nay, insist that he is not here and not participat valuable and useful power. It has excited no odium out of doors and ing, and can not be counted so as to constitute a quorum? it ought not to receive censure in this House. It is almost the only ef It is not common sense; it is not common fealty to the Constitu fectual and convenient and popular instrumentality by which the abuse tion that you have sworn to maintain. If you want on this issue to go of the previous question can be at all curbed orcontrulled. Time and to the people of this country, to the "plain, common people," as time vgain, a heated majority were about to pass a bill without due con Abraham Lincoln called them, we invite you, we welcome you, and we sideration, when a successful demand has been made upon them for rea- ./... --.. ~ .. 1238 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, aonable debate: "Pass your bill by a majority vote of thEl House; oth The law of Congress ought to be settled and uniform, so that we can erwise you must give us debate before we aid you to form a constitu know it at all times-not an unchangeable law, but one subject to but tional quorum to pass the bill.'' few and occasional changes. Congressional law grows up as other codes Can any gentleman point out any mischief or evil resulting from oflaw grow up, from experience. From thenecessitiesofthecase, as they this practice in the past when it has been applied for the purpose of appear from time to time, rules are formed or usages e tablisbed, until curbing the previous question, that crude and imperfect instrument of finally you have a complete system. When your completed system is former times which has come down to us, and which, I venture to say, worked out in practice, when it comes to be applied, you will find out will be largely amended in this House before many sessions p..1.8$ 1 or occasionally that some imperfection appears, that abuses grow up; and give place to some other form of cloture or closing of debate substi you do exactly what the Legislature of a State and what Congress it tuted for it, one more convenient and better suited to great popular self does with reference to general legislation: you adopt an amend assemblies like this, where the Representatives of freemen are gath ment directed to the abuse and limited to it. You do not undertake to ered together and wher{l the voice of the people, through their Rt>pre go down fundamentally and change your whole code or the main parts sentatives, is not to be stifled by the passions or the interests of an ac of it unnecessarily. You ought not to find it necessary to challenge cidental majority. Again, sir, upon extraordinary occasions tbathave conflict of opinion by these changes; you ought to make them in a spirit occurred in onr history, some of which have been referred to here, not of conciliation. ably the case of the force bill, this has been one of the means by which What ought to have been done by gentlemen leading the majority of vicious legislation has been delayed, checked, and ultimately preven tell, this House? If there was an abuse, such as dilatory motions, which and the people of the country saved from a misapplication of public required amendment or curb, half a dozen leading men on each side power of this Honse. of the Hofile ought to have met together and conferred like liberal, But, sir, I undertake to say-and I speak for myself only, because I broad-minded gentlemen representing great constituencies of the Amer find it sufficient employment for me to form opinions from. examination ican people, and acted jointly in this matter of order in the House and of public qnestions and to regulate my own vote thereon without un in the conduct of its bu Another class of motions may be dilatory, not because they aresuch merly applied is only accounted for by the fact that it was not needed, essentially in their own nature, but because of the circumstances un for the reason that gentlemen felt themselves under the same restraint der which they are made. as the gentleman from Pennsylvania, who stood on that side of the Now, the Speaker is to decide without rule, without limit, what is Honse, a distinguished and honorable and, truth compels me to say, a dilatory under circumstances which exist when the motion is made. single exception. AB I understand it, from his ruling on a question of that kind there is The gentleman says we should have approached this subject in the no appeal to the House. Sir, one of the things I read when young, spirit of concession. Mr. Speaker, the gentlemen say we could have about logic, was John Locke's direction forreasoning: "Define your corrected the evil. There is a difference radical on this question, as to terms." What do you mean by dilatory motions in these proposed what shall constitute a quorum and as to whether continuous dilatory rules? What is the chart you give to the Speaker to guide him motions will be allowed. And I have no doubt that this bas been ap· through the intricacies of this new field of power? If he is in favor proacbed in a spirit of compromise and concession by the Committee on of the passage of a bill, this rule would aup. him with the power to Rules, for I am satisfied that on this single question there was a radical declare all motions dilatory which interfered with the quick passage and irreconcilable difference of opinion which could only be determined of the bill; and if he should be opposed to the bill you arm him with by taking the opinion of this House. In addition to this, there was the powers equally destructive. I am therefore opposed to what has been other question as to what shall constitute a quorum in Committee of proposed in reference to dilatory motions. the Whole, presenting another point on which there were radical differ· One thing more. You propose to make the quorum in the Com ences of opinion that could only be settled by submitting the question mittee of the Whole, where bills are mainly considered, one hundred, to the decision of this House. -- ...~_ less than one-third of the whole membership of this House. Sir, this I observed in the report of the minority of the Committee on Rules House is the House of Representatives, bound by the provisions of the that the most serious charge made against the majority report is that it Constitution which apply to this House, no matter in what capacity it is an invasion of the rights of the individual members. I do not think sits and acts. To use a familiar expression, it can not unhouse itself this charge is warranted by the facts, as a close examination of the pro and become something else. H may act under different rules in one posed rules will show. If any change has been made, it is in the in capacity from those which may be observed in another, but still it is the terest of the intlividual member. Under both the old and the new House of Representatives and bound by the provisions of the Consti rules every measure proposed has to be referred to a committee. This tution which apply to it. Therefore this rule that one hundred mem is the rule in all legislative bodies, and the manner of reference is the bers shall constitute a quorum in the Committee of the Whole is plainly same substantially in the new and the old rules. (See Rule XXII.) The obnoxious to constitutional objection. power of affirmative action of the member is the same as in the old Sir, I choose to take the Constitution as it is understood by the peo rules. Ile has exactly the same right to moYe for a suspension of the ple. It is to be taken as those who adopted it underst-0od it and as rules as in the old rules. the people of the country now understand it, when it says .the House The days in which this may be done are just the same in the new quorum shall be constituted of a majority of all the members elected and in the old; but in the new ruie.c: the member, by getting a favor to it. The people will understand it applies to the House whether abie report of a committee, may get bis matter brought before the House amending a bill in Committee of the Whole or ading upon it in any by a majority vote, while in the old rules, in either case, it required other capacity under our rules. two-thirds. In view of this fact, all the talk about the increased power The SPEAKER. The gentleman's time has expired. of the Speaker is shown to be entirely without foundation; for if the Mr. BUCKALEW. I would like to have two or three minutes more. member can secure the report of a committee and a majority be may 1t'Ir. LANHAM. I ask that the gentleman be allowed five minutes defy the Speaker, while under the old system the Speaker was an au longer. tocrat who might refuse to recognize a member, and even after he was Tbe SPEAKER. The gentleman from Texas asks unanimous con recognized be could only get his measure considered by unanimous con sent that the time of the gentleman from Pennsylvania be extended sent or, if on suspension day, by a two-thirds vote. The only way in five minutes, to be taken out of the time on that side of the House. which the power of the individual member is curtailed is as an obstruc There was no objection, and it was ordered accordingly. tionist; and considering our experience in the last Congress, where a Mr. BUCKALEW. I desire simply to add in this connection what single member, by dilatory tactics, harassed and delayed this House has been hitherto unnoticed during the course of this debate, and night and day for nine days, causing the serious illnes.<> of some mem that is the tendency, as I believe, of this new rule to make a lean bers and the delay of public business, this does not seem to me to be House and encourage absenteeism, one of ou.r most prominent evils. objectionable. Ifa hundred members can act in Committee of the Whole, whenever you Much has been said by gentlemen on the other side about the ~ction have a bill like the amendment of the tariff or any other great public of this side of the House in filibustering in the last session, and I think measure under consideration iu Committee of the Whole the members our friends have been too free to concede that we set them the exam will not be likely, excepting those who are participating directly in ple of dilatory tactics; at least 21 members on this side may plead not the discussion, to remain, but will scatter, go home, one be here and guilty to the charge. There may have been cases where individual one there, and not present to hear the debate or share in the delibera members did this, but I make the statement, and I challenge contra tion, and so the tendency of the rule will be, as I have said, to produce diction, that there was no time during the entire session when any a lean House. measure was adopted or vote taken when that House was not depend This, Mr. Speaker, is a great evil in itself, and I hope gentlemen will ent on this side for a quorum, except the day on which the Speaker not adopt, independently of constitutional objection, this rule and imi was elected, and then they had not a single \Ote to spare, although tate thereby the English Parliament, whose members are awayinEgypt, they had a majority of 12 in the last Congress. Even the tariff bill d'1 or in the western part of this country bunting buffalo, or in various not receive a quorum, there being only 162 \Otes for it, althougb i'wo· continental cities, up in Scotland, all over the world, and when a great men elected as Republicans voted for it. Not a single bill pa.sSed last party vote is to be taken, which occurs once or twice in the session, tele session that bad a quorum of Democratic votes. The Speaker of the grams have to be sent to an parts of the world to secure their attendance. House, Mr. CARLISLE, had barely one more than a quorum in the con This is because they have a low quorum in that body. Do not therefore test for his seat (164 votes), though 7 Republicans •oted for him and adopt that rule, I beg of you, in this House, because it will seriously 14 aided to make a quorum, among whom was the gentleman from Illi injure the character of the House, depreciate the character of its pro nois [Mr. CANNOX], and it is well known that most desperate efforts ceedings, and lead to infinite mischief. [Applause on the Democratic were made to secure the attendance of absentees. side.] Much bas been said about the aetion of the Republican side of the Mr. KERR, of Iowa. Mr. Speaker, before proceening with what I House in the Felton case. For reasons best known to the committee of desire to say in this connection, I wish to make a remark on the point the lastHousethatcasewasnotcalled upuntil Febrnary,justafewdays .. made by the gentleman from Pennsylvania who has .just taken bis seat, before the close of the session. I wonder that gentlemen on that side in regard to a quorum in the Committee of the Whole. As I under have not more consideration for their associates than to refer to the Fel stand it, the Constitution of the country nowhere makes provision for ton case. On the ca.ll of that ca.cse 141 members voted; 21 of those mem· a Committee of the Whole. There is nothing said about it in the Con hers were Republicans, and 49 Democratic members were either ab· • stitution, ancl it is borrowed entirely from the system of practice pre sent or not voting. When 49 of their own members refused tovote or vailing in the British Parliament, so that there can be no point made were absent when the seat of the millionaire Congressman from Califor that it is unconstitutional.. The action of the Committee of the Whole nia was in issue, it does not come with good grace to make any charges is not conclusive on the House any more than the action of any other against the Republicans. For my own part, Mr. Speaker, I have never committee of the House. Its action may be reversed or entirely set at any time refused to vote, for the purpose of obstruction or delay, and aside by the House, so that the point of the gentleman I think bas no while I have been a member of the legislative bodies of both Illinois force. and Iowa I never in either of those bodies saw any member sit in his Mr. Speaker, as has been well said by the gentleman from Pennsyl seat and decline to vote, for the purpose of obstruction. vania, it is only because the old rules on the question of quorum were l\1r. OUTHWAITE. May I ask the gentleman a question? abused that the new rules have become necessary. And that is a suffi Mr. KERR, of Iowa. Certainly. cient answer to those who say that the proposed change is an inno Mr. OUTHWAITE. · Did vou not fail or refuse to vote on the 20th vation. The Constitution, section 5, Article I, certainly contains the day of January two years ago, as shown by the RECORD? power which this committee proposes to apply, and that it was not for- Mr. KERR, of Iowa. I have examined the record in that case and my ~- ...,- 1240 ·coNGRESSIONAL RECORD-HOUSE. FEBRUARY 12, name does not appear as voting; but my recollection is this: That the of bills passed in the last few sessions, yet the gentleman knows that vote was called on that case late in the evening, and on that occasion a the increase from 579 to 1,824, of which be si.ieaks, has been made large number of r:icmbers were not present. Besides that, I had asked under these model Democratic rules, which are too sacred to be louched. for a division of the question submitted to the House, and on all ques Under them the appropriations also increased in the last administra tions where a man is unable to vote either way on account of the joinder tion. This was the inevitable result under a system that made every of two propositions it is a fair parliamentary practice to refuse to vote member n, beggar for favor rather than an advocate of justice. Every at all. one of the schemes, as they are called, which the gentlemen on the Mr. OUTHWAITE. But does not the RECORD show that you failed other side seem to fear, were reported in the last House bY. committees or refi.lsed to vote at that time? appointed by the late Speaker and composed of men whose honor gen Mr. KERR, of Iowa. It does not show that I refused to vote. I tlemen will not and dare not impugn. admit that on the :first call I was not here, but when the case was called This Congress has great duties to perform. It should not, it dare again the next morning I voted for the consideration of the Felton case. not, permit itself to be fettered by obs~rnctionists. It should see that Mr. OCTTHW AITE. I refer to the Carlisle case, the contest of Mr. the men it enfranchised should be educated, made more self-reliant and Thoebe against Carlisle. de>oted to liberty. It should see that the ballot is made to- Mr. KERR, oflowa. Well, I voted against seating CARLISLE and my * execute a freeman's will, name so appears, and there were 12 other Republicans, 6 or 7 voting .As lightning does the will of God. for him and the others a~aim;t. It should see that taxation is reduced to the limit of national neces The fact has been alluded to that in both of those States, Iowa and sity and levied with a view to elevate American manhood and promote Illinois, a majority of n.11 members elected has to vote on the passage American progress. It should see that the pledges made to its defend of a bill. I do not tuink this provision has bad a beneficial effect in ers are redeemed. It should see that honest toil, whether on the farm either State. I am sure it resulted in Iowa in hurried legislation where or in the workshop, should get the full benefit of its own earnings, and parties were close, for delay is al ways dangerous. I remember in the not permit it to be consumed by gamblers and cormorants. And to session of 1884, in Iowa, when we had a bare m~jority, when one man accomplish these beneficent purposes, it should have the ability to ap had to be brought in on his conch, we were compelled to precipitate ply its power, to ~t in motion the wheels of progress, and not to be the previous que tion because one of the majority receh·ed word by limited, as our Democratic friends assert, only to apply the brakes. If telegram that his son had received a serious injury by an accident and it performs these duties wisely it need not fear to appeal to the .&merican he had to leave. people for their verdict. If it fails it will be held responsible and it The gentleman from Virginia [Mr. 0' FERRAI,L] thanked God with should be. [Applause on the Republican side.] unction that he was in his father's house and that he was here to stay. The SPEAKER. The gentleman from Mis8issippi. We agree with the gentleman. He is here; he is here t-0 be seen; he 1\Ir. ROGERS. Mr. Speaker, I desire to make a parliamentary in- is here to be heard, and our surprise is the greater that his indignation quiry. shou lJ be so profound because we insist that he is also here to be counted. The SPEAKER. The gentleman will state it. The gentleman is proud of the old Commonwealth. We are all proud Mr. ROGERS. By what rule are recognitions now being had? of its Hevolutionary history and its illustrious names. :tliy colleague .Mr. KERR, of Iowa. I desire, 1\Ir. Speaker, to reserve the balance has shown that the report of our eommittee is sustained by .he action of my time. of that Commonwealth whose constitution is identical with our own. The SPEAKER. The gentleman from Iowa has had his time. The It was shown the other day that the action of the committee was sus Chair does not understand the gentleman from Arkansas. tained by the greatest living constitutional lawyer of Virginia, Mr. .!Ur. ROGERS. I stood third on the list of the Speaker yesterday, Tucker. and six or sernn gentlemen have spoken, while I have not been recog It was shown by my colleague [Mr. PAYSON] that the clause in nized. our Constitution giving a minority of the House the power to com The SPEAKER. The Chair had no list. pel the attendance of absent members was inserted in the Constitu Mr. ROGERS. There has been one on the table. tion on the motion of Mr. Randolph and Mr. :Madison-illustrious The SPEAKER. That may be true, but that simply contains a Virginian names, honored in the whole country! Inserted what list of names of members who desire to speak, but it does not indicate for? As a piece of meaningless rubbish, without purpose and without any particular order. effect? No; but to give effect and power to the legislative department M:r. ROGERS. Either the present occupant of the chair or some of the Government. I imagine this Prince Rupert of debate would other gentleman who occupied it in. his absence had a list, and l\fr. cut a sorry :figure out in the hills of Virginia "tearing a passion to tat CDLBERSON, of Texas, had the :first place on the list aml gave it to me. ters," expatiating on the tyranny of the Old Dominion, which has a The SPEAKER. The Chair has made no such roll. constitution similar to our own, and where the theory of the commit Mr. ROGERS. One moment more; am I on the Speaker's list for tee has been put in practice. He will cut a sorry :figure denouncing recognition? l\Ir. Madison, the father of the Constitution, because of the provision giv The SPEAKER. The gentleman is on the Speaker's list, but it ing a minority the power to compel the attendance of absent members. will depend very much upon the time as to whether any particular The gentleman from Georgia [!\Ir. BLOU~T] anticipates scenes ot member can be recognized. the future when members may be brought to the bar of the Honse, and Mr. HOOKER. Mr. Speaker, the Committee on Rules, which com why not? If they are absent without excuse the power is expressly mittee consists of five members of this House, two selected from the given in the Constitution, as I have shown, and it was given for a pur Republican side, two from the Democratic side, the Speaker being ex puse. The men who made the Constitution did not intend to make officio the chairman of the committee, have reported a series of rules for our Government "a rope of sand." There have been men who ha\·e the governance of the procedure of this Honse. Whn,t I am about to labored to make all of its provisions and ii:uaranties as meaningless as say now in respect to this committee I want understood as applicable possible. And it. seems there are men still who fear that too much to that committee which existed in the last Congress as it is to this. I power will be exercised by the Government. But, Mr. Speaker, I have ha>e not understood, nor do I now understand, why the most important no such fear. I aJlow no man to go before me in devotion to the Con committee of this House, invested with the power of prescribing its stitution. It was framed by men who had challenged the admiration of procedure, should consist of only :five members, who should hav~ the mankind for their devotion toand their success in rlefending the principles power to say what rules should govern the proceedings of the House. of human liberty. Tbcit Constitution was made to preserve and pro· To this committee is given the whole power of the legislative depart mote those principles, and surely gentlemen on this side of the House, ment of the Government, so far as the House of Hepresentatives is con many of whom spent the best years of their lives in maintaining that cerned, and it is confined to but five members to say what shall be the Constitution and the Union thereunder amid the flames of war, will not rules of procedure, proposing to abolish the individuality of the Repre be thought less attached to its principles than gentlemen on the other sentative and to become the power by which it shall be determined side of the Chamber. what measures shall be proceeded with in the House. The gentleman from Indiana and the gentleman from Georgia appre Nay, more than that, .!\Ir. Speaker, under the operation of that com • hend great •...... :~ . .. -.:~ ~"""'~"(·~ 1890. CONGRESSIONAL RECORD-HOUSE. 1241 mittee of the Whole shall consist of 100 members, 30 less than one-third terfuge, yon may avoid the limitation of the Constitution and declare of the members elected to tbm Honse. Nay, Mr. Speaker, the proposi that less than a majority of the members elected shall constitute a tion is to constitute 100 a quorum in Committee of the Whole, to invest quorum. If you may declare that 100 members shall be a quorum, 51 members of this Honse, not one-sixth of its membership, with the you may declare that 50 members or that 20 members shall be a quo power to pass upon every question of legislation that may be presented rum. to you; that 51 would be a majority of a quorum of 100. Power, l\fr. Speaker, is always stealing away from the hands of the It bas been said by gentlemen arguing this question in support of this many to the few, and never has that been so illustrated as in this delib code of rules that there can be no valid objection to cons ti tu ting a quorum erative bo'ly, representing immediately the people, where yon sit here of the Committee of the Whole as 100, and thus giving 51 of those mem in your seats like stones and allow the whole power of the House to be bers absolute po'iver to legislate on a11 questions; that it is not obnox concentrated in a committee composed of frrn men, of which commit ious to the constitutional objection, for the reason that the Commit tee the Speaker is the chairman, with the casting vote. This proposi tee of the Whole report to the House, and the House must pass upon tion is against the action of the convention which adopted the Consti the actiou of the Committee of the Whole. But, Mr. bpeaker, they tution and against 1he plain, positive terms of the Constitution itself. forget the fact that every amendment proposed to any measure of legis For, sir, when the House resolves itself into Comm~ttee of the Whole, lation being defeated in Committee of the Whole, being voted down by is it the House or is it not? Is it a part of the House or the whole of it? 51 members of the Committee of the Whole, you do not report the ac You do not, in that ca.c;e, resolve that you will send a measure toa spe tion of the committee on the amendments which are voted down, but cific committee, and the case is not analogous to that of an ordinary only report those which are adopted; and thus, sir, you defeat the object committee. It is the House itself, absolutely the House, not a part of of the Constitution; and every measure oflegislation looking to the de the Honse, but the whole House which goes into Committee of the velopment of this broad land and its great resources and industries can Whole for the purpose of considering certain legislation. be passed upon and voted down by 51 members, the majority of a Therefore, if you can clothe 100 members with power to constitute a quorum of 100 members. This question was debated in the conYention quorum, you can clothe 20 with the same power, and make your rule of 1787, and that debate was referred to by the honorable gentleman the same as it is for a quorum to consider private bills in the Honse of from Ohio [Mr. McKINLEY] and the honorable gentleman from Ohio Commons in England. I say, therefore, that this rule is an attack by [Mr. BUTTERWORTII], and they referred to that occasion; but they the House of Representatives upon the Constitution of the United States, failed to give the result of the vote upon the proposition, and they failed which prescribes what· the House of Representatives shall be and by to give the reason of the most talented member of that convention in what powers it shall act. opposition to making less than a majority a quorum. They presented J3ut it has been said and it has been decided by the honorable Speaker the ideas proposed by Mr. Gorham and by Mr. Ellsworth in the con now presiding over this body that the Speaker possesses the power to vention of 1787, which is like quoting the dissenting opinion of the correct the Journal. I deny that he has any such power under parlia court or, even worse than that, quoting the argument of the lawyer mentary law. He possesses no such power, and the most distinguished who was defeated in the case. writer on that subject lays down the rule with reference to the question They presented the ideas proposed by Mr. Gorham and Mr. Ellsworth of who shall keep the Journal of the House. I q note from section 418 in that convention of 1787, and, I repeat, in that respect they are like a of the work of Mr. Cushing on Parlinimentary Law: man who should quote the dissenting opinion of a court or, -worse than The journal is to be kept or made up, in the first instance, by the clerk alone, that, who should quote simply the argument of the lawyer who was de who is the sworn recording officer of the assembly, subject only to the control of the assembly itself, and not to the control of the presiding officer or of any feated in the case. By referring to the debate in that convention upon other member, though in cases of difficulty and importance the form of entry the very question of what should constitute a quorum, it will be found has been settled by a committee appointed for the purpose. ::So, too, the assem that Mr. Mason gave the reason for it in the few remarks which he made. bly itself may direct a particular procee • • ,I " ~ ' ~ .', . ;. • - ,;. •"" :1v.·· ,'-. 1242 CONGRESSIONAL RECORD-HOUSE;~-- FEBRU~Y 12, check, every restraint is intended to make this a Government, as far as I sa:y the power with which the Committee on Rules is invested, when practicable, of the people and of the whole people. doled out to the chairmen of the various committees, is like the power The veto of the Senate on the action of the House, the veto of the which Cmsa.r exercised when he ruled over Rome and proclaimed that House on the aetion of the Senate, and the veto of the President on the Cresar was Rome and every satrap doled out that power with his ipse action of both Houses-I quote the emphatic language of that great dixit as the law of the land, and the farther you got from the Roman philosophical debater who cut to the kernal every que.stion that he capital the greater was the power and the more tyrannically exercised. touched in his short, sharp, incisive method of debate-this veto of one And so it is here, and I will call the attention of gentlemen on the House over the other, and this veto of the President over both Houses, other side who are new members and gentlemen on this side who are was not intended as a stoppage to legislation, as a stoppage to the ac new members to the provisions of the rules. You will be silent. Ah! tion and will of the people, but was designed to strike another key in not you, but your constituents will be silent, the vast representation the popular voice, and bring it out in more full and perfect harmony. we have behind us made powerless to be heard in the· House of Repre This is the function of every restraint which the Constitution places sentatives because you sat in your seats and allowed the Committee on upon the action of a majority, demanding that this shall be a Govern Rules to manacle you hand and foot and prevent you from doing that ment, not composed simply of a majority by one ruling the fortune and which your constituents sent you here to do. I have seen it, Ur. the destiny of a minority by one, but that it shall be a Government Speaker, in my own person in a former Congress. When I came here I spreading over the whole country and embodying, as far as practicable, became the victim ofit. I remember on one occasion, when a measure the consent and will and judgment of the entire people. was under consideration referring to the coinage of silver, a pending In the convention of 1787 every State had a vote. Delaware stood matter in which my friend from Missouri [Mr. BL.AND] had an inter upon an equality with every other State. And, sir, it is worth while est, the chairman of the committee having the measure in possession to recall the remarkable manner in which that Constitution was adopted which was before the House and country granted to the honorable and the spirit in which the proceeding took place. It was adopted by gentleman from Missouri one minute in which to express his ideas upon the States, and _each State had a vote upon every proposition presented the subject. [Laughter.] And I thought I could hear the silver dol in that Constitution, lars of which he was the father jingling with indignation when it Nay, more, sir, so far from this being a Constitution which was de was proposed to. confine the intellect of the great Missourian to one signed simply to give expression to the will of a majority of the people, minute, although he can say about as much in one minute as most men numerically considered, there are provisions in it that shelter the small can in four. [Laughter and applause. J est State in the Union from the aggressions of all the others combined. I ha-ve seen the time doled out for less than one minute. I say by Delaware, which, since the adoption of the Constitution, has had but a the operation of these rules you will stifle the freedom of the individ single Representative on this floor, while she has al ways had two Sena ual representative member. When I first came to Congress I modestly tors in the other branch of the national Legislature-Delaware, with took my seat and said nothing for a month or two, but finalJy a meas her 77, OOU inhabitants, can put a veto upon all the other States and all ure came up, under the control of Mr. RANDALL, and I regret he is the people of all the other States upon any proposition to destroy the not here to-day. Some one said to him, here is a new member from equality of the States in the Senate of the United States, that gra>e Mississippi and he would like to ha-ve fifteen minutes or more. Mr. body which ltlr. Calhoun denominated ''the favorite of the Constitu RANDALL scanned me over-I had not the pleasure of knowing him tion." then as I ha-ve since-and he said, '' He is a new member and there is no I say, therefore, that no man who asserts that this is a Constitution telling what be will say, and he had better not speak," and I did not. intended to give expression to the will of a bare majority has read [Laughter.] the history of its formation and adoption and its submission to the peo That is the operation of such rules as this. I wish that distinguished ple or studied the terms of the instrument itself. Delaware stands in parliamentarian was here to-day, so that in his short, sharp, didactic the Senate of the United States, with her 77,000 inhabitants, upon a sentences he might appeal to the good sense of this Honse not under perfect equality with New York, with her 5,000,000 of people. Ay, subterfuge to violate the Constitution of the United States. I wish ho more, Mr. Speaker, Delaware can not be deprived of that equal voice in were here to-day, for one blast from his bugle-horn would be worth the Senate except by her own consent. Thus, under this Constitution more than all that could be said in debate by any time-serving par which gentlemen declare was intended to give expression to the will of tisan who for purposes of his own desires to stifle the voice of the a majority, the smallest State of the Union, with but a single Repre people and override the great fundamental Constitution. It is the sentative on this floor, is absolutely clothed with power and authority shield to us in its every line and letter of that sacred instrument dear to defeat the will of all the other States upon a proposition to destroy to the hearts of the American people, from the ·fast article to the clos the equality of the States in the Senate. ing lines and the signature of George Washington. 1t declares this It was wisely provided, :Mr. Speaker, that in passing all measures body should be a body of Representatives, not in form, not in ceremony, looking to the development of this great country and the protection of not a sham, but a real body, clothed with the power of representing its citizens a majority of the members-elect should constitute a quorum. the people and speaking for them on all the important questions aris Is the House of Hepresentativesgoing to evade that by subterfuge? Is ing before it, and speaking alone by virtue of the quorum which the it going to say that when you go into C-0mm.ittee of the Whole 100 Constitution decla:::es shall be ''a majority of all the members-elect.'' members, 51 of whom constitute a majority, shall possess the power of Now, sir, you propose bytheoperationoftheserules to cut down the legislation? Sir, no more dangerous f'ltab has ever been made at consti power of 330 members, to give to 51 members of the Honse the power tutional forms of government than is contained in this provision. You to pass upon the consideration of the most important questions coming may pass it, but, as wa.s well said by my friend from Pennsylvania, before Congress, whether it alludes to the defence of the country; Judge BUCKALEW, you will see in the House of Representatives the whether it alludes to the great agricultural re.sources of the country or vacant seats that are seen in the House of Commons of England and you whatever it may be; whether it alludes to the great or important ques will have to send your whippers-in all over the United States to bring tion in which the people are more interested than in any other, the in your absent men whenever you want to vote on a question of impor question of taxation, for that is the question which comes home to the tance, or you may he content to exercise the power with which this humblest as well as to the lordliest in the land. On the question of mere junto of men, the Committee on Rules, consisting of four men, taxation you propose that 51 members of the House of Representatives with the Speaker, may undertake to endow you; you may be content shall have the powAr to lay taxes on the people. That is the object, to pass all the measures of this House by a majority no greater than the purpo-e, and the end of these rules, and any such action upon the that by which the House of Commons passes every measure. Such a pro part of this House I appeal to the good sense of the members on both ceed in~, Mr. Speaker, is in contravention not only of the spirit of the sides to vote down. [Great applause.] Constitution but of its direct terms. .M:r. ANDERSON, of Kansas. .M:r. Speaker, every phase of all the But, Mr. Speaker, there is another feature of these proposed rules to questions presented by the proposed code of rules bas been so thoroughly which I have great objection. I have always doubted the propriety, discussed that I do not pretend to be able to add anything of value. In when the people send a petition here, that you should slip it quietly what I may say, I propose t-0 address myself more particularly to the into the petition-box and never let it be read before the House to which principal and organic changes which are proposed and to the necessity the Constitution gives the people the right to petition. ~ut you now which, at least in my min~, ca1ls for their enactment. In fact, so diffi propose to go further and provide that all bills shall be presented, not dent am I-being the modest man of the House; well, I will not say the in open House but shall be submitted to the Clerk and by him referred only one-that I should probably haYe remained silent had it not been under the direction of the Speaker, without even the titles being read for a very kind reference which my friend, the gentleman from Indiana to the House, and without giving the House the power to say on the [Mr. HOL)IAN], made to me on yesterday, and which, although I was first introduction of the bill, "This is an offensive measure and we will not then present, be was entirely justified in making for the reason strike out its enacting clause at once." that I was present when he began his remarks. I ask the Clerk to More than that, these rules propose that when you refer a measure to read an extract from his speech of yesterday, which has not yet ap a committee the commi.ttee shall have the power to make its report when peared in the RECORD, but which the reporters have furnished me, it pleases, and that the report shall not be submitted publicly to the and which I send to the desk. House, but shall be banded to the Clerk and printed in the RECORD The Clerk read as follows: the next day. What authority and power have we to say to our con Further on sir, in the Fiftieth Congress, growing out of that same measure which l\Ir. \Vashburnc had failed to defeat, the Pacific Railroad corporations stituents whom we were sent here to repre.sentthat we have consented sought, by a. bill introduced here, to get for themselves Sll3,000,000 of the people's to such a proposition as this? money. ~ . • , ...,... ..:.:,.--- ~:-• .. 1890. CONGRESSIONAL RECORD-HOUSE. 1243 Has any member of this House, no matt~r what his views may be on the gen district; there is always a majority and always a minority; or take eral subject, failed to admire the position of the gentleman on the other side, Mr. ANDE:RSON, in his honorable and manly effort for three Congresses to defeat it in any representative body, from the lowliest in the United States :the passage of that measure? One hundred and thirteen million dollars of the to the Senate of the United States.· Everywhere you have always ;1>eople's money sought to be virtually given away; for, if ever you extend the and only a government of majorities and minorities checking each 3 per cent. provision for fifty years, the people of the country will realize noth 'ing for the extraordinary advances they have made to those corporations. other and acting together. That is the fundamental principle of our Where is l\Ir. ANDERSON now? What an extraordinary revolution! Manly, institutions. And so I have always said that the rights,. the proper courageous, determined, and resolute as he has been, I fear that like the pro rights, of the minority should be assured and respected, and I so be verbial Arab, he has "folded his tent and silently stolen a.way" (laughter and applause], leaving these great corporations to steal at their pleasure. lieve to-day. It is to protect these very rights that constitutions are adopted. The question before us is whether filibustering is one of Mr. ANDERSON, of Kansas. I thank my friend from Indiana very these rights. Under the old rules of the House it undoubtedly was. heartily for his kind words, and have none but kind words to return to But now the question is whether filibustering is an inherent right, in him, because in our service of many years together on this floor I have the sense that it must be preserved and maintained forever. I am frank received nothing but kindness from him,. and although he is not now to say that if you give me the right I will exercise it freely and ac in his seat I am sure he will not object to my replying in his absence, cording to my own judgment. But that is not the question. The for the reason that I told him this morning that I would endeavor to question is whether I or any other man on this floor shall. have that answer his question. right. It so happens, Mr. Speaker, that the reason I was not on the floor L~t me say here, in the way of digression and for the purpose ofmeet yesterday when he made this reference was because I had taken from ing a point made elsewhere, that when these changes of the rules were my desk the report of the Pacific Railway Commis.sion, and had sought first outlined they struck me as something which required careful con the quiet of our committee-room for the purpose of endeavorinf!: to sideration; and when the suggestion was made tbatwe should all agree cull some facts showing the unmitigated rascality of thn.t identical to support anything that might be presented by the Committee on Rules Union Pacific Railway, so that I might avail myselfof an opportunity I declined so to agree. Many gentlemen in our first caucus will recol which had been courteously extended to me by the Pacific Rail way Com lect that. I felt then and now that no matter how able, intellectually, mittee to present some views in oppooition to that very bill to-morrow or how thoroughly broad in their judgments and sincei:e in their pur morning. poses the three gentlemen who constitute our side of the Committee on Mr. McMILLIN. Will the gentleman allow me a question? Rules might be-and no one concedes that more fully or willingly than Mr. ANDERSON, of Kansas. I would rather not be interrupted I-nevertheless, that where so radical a code was to be proposed, every just now. Republican had an equal right with them to pass judgment and act Mr. McMILLIN. I thought so. upon it; and there was not the slightest desire on the part of these three Mr. ANDERSON, of Kansas. Oh, very well; what is your question? gentlemen todenythatright. On the contrary, they hastened to extend Mr. .MCMILLIN. It is this: When you made that strenuous fight it to all of us the moment they bad themselves agreed upon the phrase last year did you not think that you were right? ology of the code. A subsequent caucus was accordingly called, in Mr. ANDERSON, of Kansas. Of course. which the exact report was submitted, and every Republican present Mr. Mc.MILLIN. Ifit were possible would yon not do it again? had an opportunity to express his opinions and to move his amendments. Mr. ANDERSON, of Kansas. Certainly. But, to return; if the right to filibuster is to be forever maintained, Mr. McMILLIN. Then are you not absolutely tying your hands now, to what consequences may it lead? so that you can not possibly make such resistance in the future? Suppose, gentlemen, that in the next House you Democrats have a J\Ir. ANDERSON, of Kansas. No; and I will answer presently as majority of one. That is possible. I trust that we will have a ma to that. jority much greater than we have now. But say you have a majority Mr. :McMILLIN. Well, I want to know why. of one. Every body knows that there are al ways a few members-three, Mr. ANDERSON, of Kansas. The gentleman from Tennessee will five, or ten gentlemen-who, from sickness, from family afii1ctions, or get his answer as I proceed, and would have gotten it without the in other cogent reasons, can not possibly be here. Then what would be terruption. the status'? You might bring in any party measure, and if I or any The gentleman from Indiana. asks, ''Where is Mr. Anderson now?'' other member should see fit to break a quorum you could not possibly We11, at that exact moment it happened, as Ihaive said, that I wa.s in pass it under the old rule. I can defeat an appropriation bill; I can the committee-room trying to get facts with which to oppose the Union defeat a tariff bill; I can defeat any great measure that was a strict Pacific bill. That, of course, was not the intent of his question-the party measure, provided a quorum were not in the Honse. full intent of it-for he adds, "What an extraordinary revolutio~ ! " Now, that contingency might occur any day. Even in time of war as if suggesting that there had been some revolution of opinion on my such a minority could defeat a bill appropriating supplies. Your party part respecting that measure. could defeat any bill in the present House for the simple reason that we I know well, Mr. Speaker, that neither the gentleman from Indiana have not a working, practical quorum, ard there is no use disguising nor any other gentleman on the floor really thinks that there has been the fact. Gentlemen are sick who can not possibly be brought here, any change of mind or purpose in me as to that bill. I believe it to and if the majority were not able to develop a quorum as construed under be the most gigantic fraud that has yet been proposed in this House; the old rule, then it would be in your power absolutely to stop legisla and, while not in the least impugning the judgment of gentlemen who tion. think otherwise, I deem it the colossal job of the session. I wish to What legislation might you stop? For years we have been seeking remind our Democratic brethren that the main outlines of that hill to pass liberal and general pension laws in aid of men who wore the were first proposed by the Democratic president of the Union Pacific hlue, some of whom are now in poor-houses, many more of whom are Company, Charles Francis Adams; that it was first recommended by in utter distress, and all of whom deserve the gratitude of the nation. President Cleveland; that it has been three times reported in a Demo Such legislation would be a p:1rtymeasure. You would oppose it. And cratic House, and that it has been recommended every time by a Dem under the old rules one man could defeat it. Some of u .<; feel that the ocrntic committee. vote in many of the Southern States is neither free nor fairly counted, But, sir, the real question of my friend from Indiana respects some and many of us think it necessary to pass a proper election law, and ''revolution'' on my part in regard to filibustering. Is filibustering yet under the old rule, which would enable you to break a quorum, an organic right of a minority? For one hundred years the ability to you would permit us to pass nothing in the world. So I might enu filibuster bas been possessed by any member of the House, and for fifty merate many cases where legislation would be absolntely stopped by the years it has been constantly exercised. But the rules alone created point "No quorum." Now, the question is not whether I have :fili and assured that ability. My friend from Tennessee asked me whether bustered. In fact, I have filibustered for ten years, as has every old or not I thought I was wrong in filibustering against the Pacific bill. member of the House on both sides. That is not the question. Most certainly not, because I only exercised a right given by the then The queation is whether we have not reached that stage in parlia rules. I believed I was perfectly right and believe so now. Nor have mentary life and conditions when it has become necessary to diverge I gotten to the point, and I do not expect ever so to do, where I am from the old practice. I believe we have. And this is the great point ready to say that I am ashamed that I filibustered against anything in the new rules. They wipe out the fi..libustering motions and pro that I believe to be as wrong as that bill is. Every old member has vide a sensible method of determining a quornm; I need not say that filibustered scores of times. I have been awfully tired, mighty tired, the refusal to vote and to be counted rested upon a fiction. \Vhen I am sometimes; for in my experience there is no greater drain upon one's in the House and do not vote, I am not out of the House; I am here. nerve power or strain upon one's courage and sympathy than to com Gentlemen say that the ruling of the Speaker upon that point was pel old gentlemen or lame gentlemen to pass between the tellers dur revolutionary. So far as the practice of the House is concerned, it was ing a long period of filibustering, and I have been tired in that respect; revolutionary; that is to say, itwas a change and a radical change from but ashamed, never! A man who belierns that he is doing right is what had heretofore for a century obtained as the established practice. never ashamed. Whaternr of credit it has lies in the fact that it was revolutionary. But coming at once to the rights of a minority. Is our Government But the question is not whether it was revolutionary, but whether it one of a maijority alone? No. Is it one of a minority alone? No man was right. Well, it was right. I be1ieve that the right of the Ulinority believes that it is. This Republic is a government of both majorities to debate ought never to be overturned; that there should always be a and minorities acting together, and necessarily so. Take it in your fair debate; and I believe that the right of the minority to propose New England town meetings, take it in a meeting in a Western school amendments and have them voted upon should always be recognized; ~.-- .f""...· l-.c.-;.:~ 1244 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, and I will endeavor to maintain that belief by my action in the fut reported it. And it seems to me that in this respect there should be a ure. Bnt when you go beyond that, when you go to the length of claim further change, a change for the express purpose of securing the right ing the right to filibuster as paramount to a11 other rights, which has of the majority as against a minority of one, a change precisely in the been done on both sides of the House many a time, and of saying that line in which we have been going thus far; in other words, the right of the majority shall not at sometime and in somewayreachafinal vote, Representatives upon this floor to determine by their own action what you go,beyond the line of American government, and as well of reason. shall be the personnel of committees, and in that way to obtain action That will not do. The minority has not that right. upon the average legislation desired by the average members of the And I wish to suggest that, as you look back along that historic col House. umn of eminent men who have sat in yon chair from the first day of this There is another change which I think ought to be made, namely, Go vernment until now, while they, in view of the conditions of their that the Committee on Rules, instead of being composed of five mem day and the necessities of their clay, followed in their rulings the same bers, should be composed of fifteen. For this reason: The gentleman course, the same general direction, yet to the gentleman who now sits from Kentucky [Mr. CARLISLE], for whom we all have the kindliest in that chair will history accord the credit of doing that which before feeling, was the first Spealrnr who placed upon the Committee on Rules had been considered revolutionary, but which in his conscience he be the chairman of the Committee on Ways and Ueans and the chairman lieved to be right, which under his oath he felt bound to do, and which of the Committee on Appropriations. We all know that these are the the people of this Union will approve as being right. [Applause on the two masterful committees of the House; they are the controlling com Republican side. J mittees; and when you confine the membership of the Committee on I think in tha.t excitement I was one of the calmest men in the House. Rules to, firat, the Speaker, serond, the chairman of the Committee on It was as a circus used to be to me. I was like the boy up a lamp-post Ways and Means, and, third, the chairman of the Committee on Appro looking at a row in the street, and when fifty of you brethren over there priations-those gentlemen understand, ofcourse, that I am not speaking were yelling in unison and shaking your fists I enjoyed it hugely. It of them personally, for I love them all-when you confine the member was not my figh t. But the tiling which impres3ed me most was the ship of the Committee on Rules to those members, and when you place conduct of the Spea.ker. I will risk the stateillent that a few weeks in their hands the power to say tlmt a resolution as to the order of busi hence, when all have cooled down, there will be no gentleman on the ness shall not come into the House at all for action, and give them the other side of the House, no m3itter how much he may differ with the ability to exercise the tremendous grappling and throttling power which Speaker a3 to his judgment, who will fail to recognize his suberb cour that committee does exercise, then, I say, that is an abuse which ought age, his alert intellect !lashing like lightning, and his wouderful pa to be remedied, because the majority should have a right of control over tience ind coolness under abuse, personal abuse. And as you look at a minority of three; it should be represented by a full committee, aud that line of famous men who have been Speakers of the House I think the Speaker, in my opinion, ought not to be a member of any commit that the country will accord to the gentleman from ~faine [Mr. REED], tee. who is large both in physique and brain, the credit and the honor of There is another change I would like to see made. Under the pro having been revolutionary, of having arisen to the present necessities posed rules it will be within the power of the House at any moment to of parliamentary bodies and to the exigencies of our Union to-day, in take up any bill it pleases. We are not confined to calendars, as here· that he had the nerve to diverge from the line of the past and mark a tofore. We do not h::tve to spend day after day voting on bill by bill new line at a sharp angle, which, in the main, will be followed in all down through a calendar to reach a particular bill. Under the new time to come. [Applause on the Republican side.] rule the majority can at any moment take up any measure it pleases. This action of the Speaker furnishes the answer to the last question Now, in view of that, I would like to see suspension day, which is an of the gentleman from Tennessee, l\Ir. l\Icl\1rLLIN. That ruling de anomaly in legislation, a. legislative monstrosity, utterly wiped out. I stroyed filibustering. No matter whether either my friend or myself think there should be no suspension day. Why? Because on that day might have desired or opposed the action, when once it was taken and it is solely in the power of the Speaker to say what measures shall come sustained by the Honse the days of the old-time filibustering were before the body and what measures shall not come before the body; but numbered. After Columbus bad made an egg to stand on end by now, when the majority of the body itself have the right to say what breaking the shell, anyone could do the same. Either under rules or measures they will take up, I think that power of selection should be without rules Speaker REED would bold the same position and be sus taken from the Chair and that it should be taken away by eliminating tained, so that it is no longer optional with any minority to filibuster. suspension day entirely from the rules. It has been said that the changes proposed in these rules increase the There is still another amendment that I would like to see made. power of the Speaker. Most undoubtedly they do. I can not s»e any When a bill bas been considered in Committee of the Whole of course sense whatever in saying that th"Y do not. Because of that, docs it opportunity for debate and amendment has been afforded, but where follow that we must maintain filibustering as a right of a minority? the previous question is moved upon a bill that has not been considered It is not their right. If anybody says two and two are four, I am not in Committee of the Whole there is no opportunity for amendment. going to say two and two make five. I will admit that two and two Under the old rule, aud I believe under the new one, thirty minutes are four. And so I will not say that the Speaker's rulings were wrong are allowed for debate, but there is no opportunity giYen for amend when they were right, because of their consequences. The remedy for ment. If suspension day is to be retained, then I think there should any evils wbich may flow from au increase of his power does not lie in be a change made so as lio allow amendment even after the motion for a restoration of filibustering. In my judgment the remedy lies in suspension is seconded. Now we are allowed forty minutes for debate quite another direction, in the direction of making the Speaker what and no opportunity for amendment. So, too, under the other rule re the English speaker is and what the Vice-President is in the Senate, lating to the previous question, Ithink that the previous question even simply a presiding officer. when ordered should permit not only thirty or forty minutes for de If I were to have my way about it, in addition to the changes which bate, but also the right to amend. Why? Because I believe that the have been made in the rules, I would ma.ke three or four more. One real rights of the minority are to have an opportunity for fair debate, would be to place it in the power of the members of the House to choose an opportunity for amendment, and then, when these are possessed, it,; standing committees. How is it now? The Speaker, and be alone, the right to be forced to take a vote. These changes I would like to appoiuts the committees. It was the same with Mr. CARLISLE and see made. 1\Ir. RANDALL, to whom, on bis bed of suffering, the sympathies of But as to the general proposition whether, with 60, 000, 000 people, we all of us go out greetingly and lovingly and cheeriugly. ·wh:tt is true can afford to continue the course we have heretofore pursued, my mind of the Speaker now has been true of every Speaker for the past half is perfectly clear that we can not; and although it may happen that some century. Up to that time, in the first half of the centur.v, the Honse bills to which I am vigorously opposed may pass, yet, because of that, I selected the committees, but in the last half the Speaker has selected can not afford to say that there shall be no legislation on pensions, no the committees; and it is because of that fact tha,t we to-day find our legislation on appropriations, no legislation upon anything that any one selves placed precisely where the Spe:i,ker chooses to place us. So far gentleman chooses to object to; in other words, that we shall proceed as I aru concerned, be placed me where I wished to be, and I am not only by unanimous consent. I can not afford to demand that, and the complainin~ in the least about assignment or saying anything per.:;onal conn try does not and will not demand it. to the Speaker, whom I cordially esteeni. I am speaking of the office Furthermore, I never have believed that either my friend from In of Speaker. diana [!\Ir. HOL:\1AN]-with whom I have filibustered many a time When we come here at the beginning of a Congress we are like a lot and against whom I have filibustered more times-I have never believed of children in a Kindergarten. We Republicans are of course all good that either he or I, or any other one gentleman on this floor, embodied boys, and we wait until we are told what places to take on committees, all of the fairness and all of the virtue and all of the sagacity and all and you Democrats, who likewise of course are bad boys, are assigned of the courage of the body. There are just as fair and earnest men on the places which you m'.1y take, and when you organize the House the the floor as I am, and many of them; and I confidently hope that under proceeding is reversed, and everybody goes where the Speaker tells him this new course of procedure the country will find that the Honse wU.l to go-329 Representatives of the American people are assigned by one be slow to suppress debate; that the majority will be slow to cut off the Representative in the Chair. right to amend; that, in view of the fact that the majority is individually 'Vhat power have we as tf) the formation of those committees or the and collectively responsible for the legislation enacted here, it will be legislation that they will frame? None in the world. By his abil keen and alert to discuss every measure, to probe it through and through; ity to construct the committees he may absolutely control legislation, and when such an unmitigated job as the Union Pacific Railroad bill is because the House can not act on any measure until a committee has presented I believe there will be found more than enough gen ti em en ·ii;:·•.• -:;- -.i. ·~ r. • ' ': ... - I 1890. CONGRESSIONAL RECORD-HOUSE. 1245 >I J on the floor to beat it, and to bury it n.s deeply as it ought to be buried, Speaker Lentbal. Instead of uttering the voice of this Honse as its and I can not express tha.t distance in geographical figures. [Laugh Speaker that functionary evokes that voice from silent members and ter and applause. J then uses those silent members to stamp the subterfuge as ~enuine. I yield the remainder of my time tQ the gentleman from Ohio [Ur. No subsequent party sanction can make this ruling aught but an act of JOSEPII D. TA"Y'I.OR]. tyranny. From this ruling no appeal is permitted. A thousand quo Mr. JOSEPH D. TAYLOR. How much time have I, Mr. Speaker? rums made up in the same way can not change its complexion. Every The SPEAKER 1Jro tempore. The gentleman from Kansas has four vote so taken onlystampsitwith deeper damnation. The Speaker him minutes remaining. self makes the quorum, independent of the call of the liouse, n.n Ur. CA..RU'rIT. The gcntlcm:mfrom Missouri [Mr. DocKERYJyielcled posed to know him well. [Laughter.] !thought that the principle was to me ten minutes of bis time, and that added to the two minutes yielclecl that firstcomefirstserved, ::mrl "reco~nition" amerematterofprorupt to me by the gentleman from Uichignn would entitle me to twelve min nes'3 and >oice. I w:i.s mist:iken. General P:i.rliamentary Law was a utes. tyrant, a god; bis will was supreme, and he would not see a Dem The SPEAKER. The ~entleman has twelve_ minutes. ocrat on the floor or hear his "l 1r. Speaker " when he so willed it, Mr. CARUTH. Mr. Rpraker, it is n. great thing to be a member of although be was evidently there ann hi:; voice wa.s ringing through _. Con~ress. It is great because the position of a l~epresentativo is the the House as loud as the tones ofa calliope. [Laughter and applause.] third highest in the system of government we have. Indeed, it is the I thought it was some singular defect of vision which enabled the ' most important office filled by the direct vote of the people. To be ~f)<'aker to see ancl note n. Democrat when be w::is seated in his chair on come a Heprei entative in Congress is worthy of the ambition and strug the floor of the House with his month shut and be unable to see him gle of a lifotime. l\fany gain it and many fail to attain it. It jg in when he stood on his feet and was calling attention to himself at thA tended that a Hcpresentahve in Congress should ho something; other height of bis voice. [Laughter and applause.] It looked to me as if wise he would have been left out of the Constitution. he ouirbt to be treated with l\lulberry Sellers's eye-water. [Lau~bter.] Tho people of the country suppose, when they read in the Constitu Bnt I foa.re minutes, or three minutes, and I ha.Ye even known it to be as short as that this country has passed through a. fiery furnace that has eliminated half a minute. [Laughter.] the Northern "doughface." [Applause on the Republican side. J No, I said I do not want to magnify the Speaker. I do not want to You undertook and intend to control this country whetheryouarein gloriJy the committees of the House; but least of all do I desire to re the majority or in the minority. You can not do it, gentlemen. [Ap press the individual member of Congress. He is little enough here in plause on the Republican sido.J We mean business; and it is to do busi Washington. He may have been somebody at home; but he is less ness calmly, earnestly, bravely, and patriotically that we are here. .Ai3- than nobody here, unless he has been "indorsed." I pity the new sault after a.ssnult from great and small of you has been hurled against member. lie is not recognized by the Speaker in the appointment of the Speaker. You were mighty chary of such burning and biting committees. lie can not be a chairman. lie can not get the floor, nor speeches when he held a seat on this floor, armed with his fearless elo would he be likely to know what to do with it if he did get it. quence, instead of being tied up as the presiding officer. [Applause on But the people at home think be is somebody, and they are scanning the Republican side.] Most of you have served by him and with him the newspapers to see what he has done towards immortalizing himself, as Speaker or as Representative from two to twelve yea.rs. You did and expect him to do this before he has found out how to come from not, inside or ou~ide of this Chamber, dare to insult him during that his residence to the House of Representatives, or tell a Capitol car from period. Is your present course chivalrous? Is this bra.ve? Is this an one bound for the Baltimore & Ohio depot, or has fixed in his mind the exhibition of what we have beeu told about Southern chivalry, for men northeast or the northw~t, or 1.he southe::tSt or the southwest portions to stand here and in front of that desk and hurl epithets at a gentle of this beautiful and mystifying city, and before he has a chance or man who is no longer on this floor? If he had been, you would not half a chance some ambitious individual who wants the seat he bas have dared do it. [Applause on the Republican side.] •hardly warmed by his presence, pronounces him a '' stick '' and ''a com Now, gentlemen, what is the real issue underlying this struggle? plete failure." Under the old rn lcs he might on Monday rise in his :Mr. OWENS, of Ohio. I would like to ask the gentleman a question. place, under the call of States, and present his bill in the sight of the Mr. HENDERSON, of Iowa. I would like tocontinuemyremarks, Reporters and in view of the ladies in the gallery. But, alas! even this and then if I have any time left at my disposal I will be glad to answer is denied him under tho proposed rules. gentlemen any questions. · He, too, being faithful in his attendance at his committee meetings, The real question is not that which is now attracting the attention might be selected to report some pet men.sure, and then the people of the bright intellects on this floor. Not by any means. What is the would see it telegraphed over the country that he had ma.de this report, issue? I will give you my answer. It is this: Shall the election methods and "the boys" in bis district, gathering at the country stores or wait in certain States of this Union now boasted of by men high in recog ing their turn at mill or barber-shop, might talk over the distinction nized power be brought into this Honse of Representatives and be hero which had been conferred upon him and unite in the opinion that he protected and enjoyed? That is the real issue. is "the best Representative the district ever had;" but under these pro Election cases and proposed election laws. Ah, yes; they are the posed rules he does not stand up in the face of the Ilonse and the coun trouble. These disturb you. Gentlemen, understand this here and try; he claps his hands for a page and has his report shoved in a box. now: If there is a member on this floor entitled to his seat, this side Do not these rules indeed repress him? And fa it not practically of the House will stand bv him as the old Imperial Guard did around treading on a man when he is down? What is a new member to do'? tho First Napoleon, to defend him in his scat; but if there is a man on How is be to ''participate'' in the deliberations of the House under such this floor who bolds his seat by black-hearted fraud or red-handed rules as are propo.,ed? There is nothing left for him to do but to tread murder we will unseat him if we have the power. [Loud applause on his weary way from Department to Department, write letters, or scatter the Republican side.] ''seeds'' with a l:ivish hand over his district in the hope that they will Election laws; yes, God knows we need them. The gentleman from come forth and bear a rich harvest of votes at the fall election. But Kentucky [Mr. CARUTII], who just preceded me, said with a splendid ho can "participate," says the gentleman from Ohio [Mr. BUTTER burst of eloquence, ''we want a show for our 'white ally.'" The Re 'VORTII], by drawing his twelve or thirteen dollars a day. nut, alas! ns publican party wants a show for its" black ally 77 [laughter and loud we know to our sorrow, he can not always do that, for some renegade applause], and under the Constitution we intend to have it. These Hepublican from the gentleman's State mny creep into our confidence, are the underlying questions of this mighty strngofo. Ile who wants worm his way into office, and run off with our pay. to make it the occasion for wit or for sarcasm may do so. Standing here, So I am opposed to repressing the individual member. I am op I feel myself in the presence of a mighty problem appealing to the pa po ell to the policy which ls tending to make him "small by degrees triotism of each Representative. Standing here with that conviction, and henutifully ler . " I am opposed to these rules which magnify I shall relax no effort that will make it impossible for the minority to the Speaker, glorify the committees, and repress the individual mem throttle the expressed wishes of the majority in this country. The Con ber. I am in favor of laws which give all constituencies, through their stitution is my warrant, and I shall fight for the rules reported to this representatives, equal advantages on this floor, rules which recog· House. [Loud applause on the Republican side.] . nize tho ri~hts of this large minority, and which will not inaugurate l\Ir. BUCHANAN, of New Jersey. In the brief time allotted to me in tl10 American Congress- in this discussion I shall confine myself to the consideration of the con stitutional aspect of the proposed rules. As I understand it, the consti • * • the good (?) old rule, • • • the aim pie plan, tutionality of no proposed rule has been seriously called in question save Thnt they should take who have the power, the one which provides the means for determining the presence in the And they should keep who can House of IL quorum, to wit, Rule XV. Article I, section 5, of tlie Con [Laughter and applnuse.] stitution of the United States says: Mr. HENDERSON", of Iowa. Mr. Speaker, this country in the last Each IIouAc shall be the jud~e of the elections, returns nnu qualifications of few weeks has witnessed scenes uncqualccl in its history. The Speaker its own members, nnd a. majority of each shall constitute n. quorum to do busi nes ; but a smnller number mny adjourn from day to day, and may be author of this Honse, backed by e>ery Hepublicanmember on this floor, has ized to compel the attendance of absent members in such m:i.nner, and under been making a stand for the rights and liberties of the people. That such penalties ns each House may provide. battle brought opposition from tho Democr.itic side exceeding in mons trons proportions, in respect to brutality, anything that ever occurred in The question arises upon the construction to be given the words the national Capitol. Only one picture stands. out stro~ger in !mr legis "and a majority of each shall constitute a quorum to do business." lative history, and that was when a Democratic club laid the immortal It is contended upon the one hand that these words require not only Sumner on the floor of the United States Senate. This battle against the actual presence of n majority in this Hall, but that they shnll act reform has been made like the rioting of n mob, presenting a. disgust ually participate in tho business by voting. It is claimed thnt they ing and disgrn.cetul scene to G5, 000, 000 people. may be present, may call for ~l~e yeas and na~s, may raise points. of or Epithets unbecoming manhood have been burled from that side of der, may appeal from the dec1s1on of the Chair, may m?ve to adJO~irn, the Chamber at the presjding officer of the House of Representatives. may debate propo'itio1" s, may resort to all sorts of dilatory motions ''Tyrant,'' ''usurper,'' ''corrupt,'' ''backed by a mob,'' were the and to every known method of obstructing business, and yet if upon speeches to which the country was treated. Language that would have the roll-call they sit silent in their seats and refuse to respond, or even expelled the user of it from the iloor of this or any other legisla.tive body vote and then withdraw their votes, they are not "present to do hnsi has been cast to the country and fin.shed over the wires. We could not ness." I have not overstated the claim. I have rather understated afford to call the gentlemen using it to account. To do so would in it. Upon the other hand it is claimed that the actual presence of a volve a trial consuming weeks and weeks. This you well understood. m~jority of the House of itself constitutes the quorum. We were here for business, and we are here still for business. [Ap No claim is made by nny one that nny business can be done except plau, eon the Republican side.] compel attendance, et~., w~e less than an actual ~aj~rit:v; is actually The presidin~ officer, rising to the situation like our granite mount present. The claim simply is that whenever a.J?:lJOiltY. is present .a ains, not afraid of hissing storms, frowning clouds, or any other as quorum is here. A member may not vote, but 1.t: here his presence is sn.ult, met the occasion, and calmly and grandly did the duty of the to be counted in determining the question of the presence of a quorum. hour. .Ai3 I passed by that central door, after one of those exciting Which claim is correct? Which construction of these words in the Con scenes, I beard a gentleman on that side of the Chamber say to another, stitution is the true one? In determining this question I Rhnll not go "Did you hear the rebel yell? ,, LLaughter.] I did not use the term, to tho precedents set by presiding officers of legislative bodies. Their ruliuas are too often partisan in theircharactel' to pass as high author but he understood himself. Gentlemen, understand here and now 0 that the Northern "doughface" is an animal of the past. Understa.nd ity. I prefer to go for light upon this question to the calm, disinter· ------'-- 1890. CONGRESSIONAL RECORD-HOUSE. 1249 ested, and impartial decisions of the courts. I have been at some pa.ins those voting, and although the votes for and against were less than half to look up these decisions, and at the risk of being more tedious than of the legal voters present in the township, yet as those voting for were is the one who flaunts his arms aloft and "tears a passion to tatters," a majority of those voting the court held the action legal. I will ask the attention of the House to some of these cases. Of the The mle, then, as proposed is only putting into plain print, in a con many I have fonnd I can only in a hasty way refer to a few. ciRe, clear manner, the doctrine, held by the cou~ts in England and In the case of Oldknew -i:s. Wainwright, or a-sit was sometimes known this country. It is no new proposition, but simply a codification of old of Rex rs. Foxcraft, decided in the court of King's Bench in England in doctrine. It is not revolution. It is simply a return to first principles. 1760. found reported in 2 Burrows Reports, 1017, upon the question as The gentleman from Texm; [Mr. MILLS] the other day ad·rnrted to the to whether one Seagrave was properly elected town clerk of Notting fact that some States have provided affirmali.vely in their State consti ham, the facts appeared to be that of twenty-five electors summoned tutions that a majority of the whole bodymustvote in favor of a meas for the election twenty-one appeared. Of these, nine voted for Sea ure to secure its passage. He spoke of this as an evidence that our grave, twelve did not vote at all, and eleven of these protested against proposed rule is opposed to precedent. Why, M:r. Speaker, to my mind any election at that time, claiming there was as yet no vacancy. Ten it proves the opposite. It is becaUS6 of the fact that precedent and law of these eleven signed a written protest to that effect. No peraon was have i·ecognized as legal the action of less than a quorum, provided only voted for but Seagrave. The case was fully argued; Lord Mansfield that a quorum be present, that these States ha\e found it necessary to held: put in their constitutions the provision requiring action by a full quo 'Vhene\·er electors a.re present and don't vot,e at all (as they have done here), rum. they -virtually acquiesce in the election made by those who do. Now, sir, our fathers put no such provision in 0'1;r Federal Constitu This seems to be a strong case. It goes further than to hold that tion. Had they understood that action by a full quorum was neces silence is to be taken as acquiescence. A protest was actually made, sary or desirable, would they not have done as those States spoken of but because all those actually participating in the election voted for by the gentleman from Texas have done and put the mandatory pro Seagrave, although less in number than a quorum, and, in fact, less vision in the Coustitution itself? They did not, and we have added to than a majority at the meeting, were the only ones participating in the the argument to be drawn from decided cases in the court.s the argu vote itself, the election was upheld by the highest authority. Thus ment to be drawn from this fact of its absence. early and thus firmly was included in the common law the principle Every law is supposed to have a reason for its existence, and so every that if a quorum be present action taken by less than a quorum may be provision in our Constitution is founded upon some necessity. For legally taken. what reason is this provision as to a quorum inserted in our Constitu Coming down to later times and to cases in American courts, I have tion; what purpose was it pla-;ed there to subserve? In all legislative time to advert to but a few. bodies some number is fixed as a quorum, and without the presence of The constitution of the State of Minnesota contains the provision tha\ which number no business can be done save to compel the attendance all laws ''for removing county seats shall, before taking effect, be sub of absent members. This fixing of a quorum is first t.o have some defi mitted to the electors of the county or counties to be affected thereby nite number fixed upon for the sake of uniformity. If a measure is to at the next general election after the passage thereof, and be adopted be•otec upon, it is conducive to orderly proceedings to have some num by a majority of such electors." ber fixed by the organic law of the assembly as the number necessary The question as to the proper construction of. the words ''a majority to be in attendance while business is being transacted. But there is a of such electors '' has upon several occasions been before the supreme reason deeper and more serious than the one of mere uniformity or con court of that State for adjudication. That court decided (see Taylor venience. i·s. Taylor, reported in 10 Minnesota, 107) that these words as used in There are always contingencies existing which may operate at times the constitution mean, not a majority of the elect.ors residing or present to reduce the attendance upon the session of the body to a mere hand in such county, but a majority of the electors voting at the election. ful of members. Accident may prevent, storms may hinder, sickness Again, this same construction was followed by that court in the case of may disable, or inattention may unhappily become too prevalent. To Bayard t:s. Klinge, 16 .Minnesota, 249, and again in Everett 'l:S. Smith, guard against action-important action it may be-being taken at such 22 Minnesota, 53, the court in the latter case saying: times the provision as to number is made. Generally in this country The question must be regarded as settled in this cour~. it is fixed at a bare majority. In the British Parliament, composed of Again, in the case of Launtz vs. The People on the relatio['. of John some 600 members, it is fixed at 40. If that quorum be present this M. Sullivan, decided by the supreme court of the State of Illinois, and object is effected. The members being in their seats are at hand to in to be found reported in 113 illinois Report.a, 137, where, upon a motion terpose their objections. If, as has often happened here, they be present, in a city council to approve a treasurer's bond, the council being com but sit silent and fail to exert that power the.very requirement of their posed of 8 aldermen and a mayor, 4 councilmen, upon a call for the presence gives them, they fail in the performance of their duty, and the yeas and nays, voted in favor of the motion and 4 refused to vote, it was object of requiring their presence is defeated. held that ''as the approval of the officer's bond was of the same nature The member, then, who sits silent in his seat and continuously and as his election, without which the election was unavailing, the same willfully refuses to vote as his name is called, is false to his trust, vio rule as in elections should apply, and a majority of those voting having lates the spirit of this provision of the Constitution, and can not com voted in the affirmative, the bond was legally approved." Notice the plain if provision be made by a rule of the House by which his presence language, "a majority of those voting, " although not a majority of may be noted and the fact entered upon the Journal. That is all the the council, in fact, voted. proposed rule does. I come now to a case exactly in point. It is the case of the State So much has been said about this proposed change and it.s character i·s. Francis de Lisselline, decided in South Carolina, and to be found that it may be well to recall attention to its exact terms. It is in the in 1 McCord, page 63. ln this cruse Justice Nott says: nature of an additional paragraph to Rule XV. That rule as it stood The constitutions of this State and of the United States declare that a ma in the Ia.st Congress provided, in clause 1, how the roll should be called. jority shall be a. quorum to do business; but a. majority of that quorum are suf In this there is no change proposed. Clause 2 provided that-- ficient to decide the most important question. H has already been stated that 11 constitute a quorum of the board of trustees of the college, which is com· 2. In the absence of a quorum fifteen members, in.eluding the Speaker, if thare posed of 29 members. Six constitute a majority of that quorum, and the con is one, shall be aut.horized to compel the attendance of absent members, and in currence of that number, when only 11 are present, has always been held con all calls of the House the names of the members shi.11 be called by the Clerk and clusive on the whole body. the absentees noted; the doors shall be closed, and those for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and ar Again, in the recent case in Indiana, cited the other day by the gen rested, wherever they may be found, by officers to be appoint,ed by the Sergeant n.t-Anns for that purpose, and tbefr attendance secured; and the House shall tleman from Pennsylvania [Mr. BAYNE], the principle that if a quo determine upon what condition they sha ll be discharged. l\Iembers who volun rum be present and a majority of that quorum vote in favor of a meas tarily appear shall, unless the House otherwise direct, be immediately admitted ure, it will prevail, although the others remain silent, was upheld. to the Hall of the House, and they shall report their names to the Clerk, to be Take these cases, Mr. Speaker, and we find them to establish the fact entered upon the Journal as present. that for over a century it has been adjudged competent for less than a In this no change is proposed save in transposing the words "the quorum to act, if only a quorum be present. That is all this change doors shall be closed;" so that they will follow immediately after the in the rules proposes. If a quorum is here it is to be counted. If here word "House." The change proposed, and which evokes such earnest it can be counted; if not here it can not be counted. If here to be opposition, is in the additional paragraph 3. That reads as follows. I counted, it is here ready to oppose improper legislation. quote it entire: But it may be said that all these are cases in the State courts, and are 3. On the demand of nuy member or at the suggestion of the Speaker, before but oflimited authority. Well, here is a case in the Supreme Court of the second roll-call is entered upon, the names of members [sufficient to make a. quorum] in the Hall of the House who do not vote, shall be noted by the Clerk the United S"tates. It was decided in that court in 1872, and is to be and recorded in the .Journal, and reported to the Speaker with the names of the found reported in 16 Wallace, 644. It is the case of St.Joseph Town members voting, and be counted and announced in determining the presence ship vs. Rogers, and came up on error to the circuit court of the United of a quorum to do business. States for the southern district of Illinois. A statute of the State of Now, that's the whole of it. Within the compass of these lines lie Illinois permitted townships to determine certain matters by an election, all that has been denounced so fiercely and so often upon this floor as and the result to be determined by ''a majority of the legal voters of any "revolutionary," "corrupt," ''usurpatory," and ''damnable." How township." At.an election held in St. .Joseph Township less than half absurd and ridiculous these epithets appear when confronted with the the voters of the township voted. The Supreme Court of the United actual terms of the proposed rule. These terms are so concise and States held that ::i. majority of the legal voters meant a majority of simple that no words of mine can make them pfa.iner. XXI--79 . •' .. t - ·.--. - ,.. 1250 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, Sir, this rule is warranted by the terms of the Constitution. It is Ibe reviewed by the court under the "common law of parliamentary not subversive of, but in pursuance to the Constitution. The line of practice," and if their proceedings do not conform to it those decisions, decisions I ha>e cited show that it is within the meaning of the words whatever they may be, will be overruled and annulled by any court of of that instrument, as the meaning of similar words have been con- competent jurisdiction. strued for over a. hundred years by the courts. Further, I find some light thrown by this work on the duties of Con- ! have confined myself to the constitutional question, and shall not gressmen. What are our duties? What did we swear to do and not speak of the wisdom and necessity of the measure. These have been to do when we took the oath of office as members of this House? Cnsh fnlly presented by others and are already well understood by the ing, speaking of the position and duties of members of Parliament, which country. However parliamentarians may refine and lawyers may quib- are analagons to our own, uses this language: ble, the great business sense of this practical country can not under- They are not citizens and burgesses only for the places for which they serve; stand how any decent, honest legislator sitting here in a seat he has but they nre then members of Parliament, serving for e>ery county, city, aml been elected to fill, which be is paid to occupy, and which bis obliga- borough in England, for the kingdom, and are obliged by the duty of Parlia- mentmen to take equal care of the good and safety of every county, city, and tions to bis constituency and to bis country require he should occupy, borough of England as they are to take care of those which particularly chose can object to being counted, as be in fact occupies it. [Applause on them. the Republican side. J a;J ~~d;~~~t~j~~!~r1~~~eiif~ofcll~h~~~rinciple, that every member represents Mr. WALKER, of Uassachusett.s. .Mr. Speaker, I shall occupy the House but a few moments, and I hope that I shall steer as clear of all That is to say, every member of this Honse has a right to the opinion politics as did the gentleman from Pennsylvania [Mr. BUCKALEW] of every other member on every question that is brought in here for when he made one of the most admirable addresses that I have beard discussion, and when any member of thi~ House declines to give his in this House. opinion be violates my rights and the rights of every other member. When we came into this House to take our seats we took our oaths Then, in paragraph 726: . d I · th J" t I b 11 t Every member, as soon as he is chosen, becomes a.representative of the whole to d o someth rng, au propose, ln e iew momen s s a occupy, o body of the Commons, without any distinction of the place from whence ho i~ exnmine the question as to what we took our oaths to do and to refrain sent to Parliament. from doing when we entered upon the discharge of our duties in this It seems to me that parliamentary law, the fundamental law upon Honse. which our Constitution is based and by which many of its provisions l\Ir. Speaker, scarcely any of the duties or rights of members of the are explained, has settled that question beyond appeal. House of Representatives are recorded in the Constitution or were ever When we took our seats we did not swear to address our immediate recorded in any rules that any Honse of Representatives of this country constituents or the 60, 000, 000 people of this entire country from this ever adopted. When we read certain provisions in the Constitution of Hall, nor even this House from our seats-many of the most able and our country we read them in view of the common law, the birth-right useful members of this House never utter a word upon this floor-but of every man, woman, and child that is born of English-speaking par- we did swear that we would attend the sessions of this House and that ents. That is the foundation of our Constitution and of all rules that we would honestly give our votes on every question subroitted, or we govern this House, and it is to that primarily that we took our oaths swore to do nothing. There is no middle ground. wheu we took our seats in this body. Now, Mr. Speaker, I desire to We did not swear to sit idly by and refuse to act. We engaged to ask what the issue is that is presented to thi'l House. I find that the act as legislators, and there has been no way yet discovered of legisla- Constitution, section 5, clause 1, reads: tive "acting" other than by voting and parliamentary law, and no A majority of each House shall constitutela. quorum to do business. rules ofany legislative assembly know any action other than in our votes. The position of the opposition on this floor, if I understand it, is Then, aga.in,ontbequestionofaquorum parliamentary law is equally practically this, namely: That they will prevent this House from doing clear. I read from paragraph 253: business unless the Republicans have at all times present in the House The presence or absence of a quorum can always be ascertained by counling. within four of the whole number of Republicans elected, and that to This is usually done by its presiding officer. For the purpose of ascertaining enforce upon the House and the country their will they in effect insist :O~~t1e~~ a quorum is present every person who is entitled to vote is to be upon adding to clause No. 1 of section 5 of the Constitution the follow- 1 call attention also to the language of paragraph 264: ing words: The right of a legislative assembly, after it is regularly constituted, to have Aml to a.dopt any ''question," upon a roll-call, a number equal to the number the attendance of all its members (except those who arc absent on leave or in required for a. quorum shall vot~ in the affirmative. the service of the assembly), 1tnd to enforce it, if necessary, is one of its mostun- Now, what I claim is that the opponents of the proposed rules, as doubted and important privileges. reported by the committee, in violation of their oaths (if I understand That is to say, we do not Ciepend upon that clause in our Constitu ouroath of office), propose to read into the Constitution the words which tion for our right to enforce the presence of members of this House. I have just read here, and I submit, Mr. Speaker, that it is as much in By the very fact of our existence we would have had this power under violation of the Constitution to read into it, as binding upon all the the common law of all English-speaking peoples had there been no members of this House, any provision that is not in it, as it is to refuse such provision in the Constitution. to obey a clause in the Constitution, clearly admitted to be there by all I read also from parap:raph 1795: the members of this House. 'Vhen the question is put, all those members, and they only, who are then Let us see a little further. I find that parliamentary law, as stated properly in the House are allowed and may be compelled to >ole. on page 8 of Cushing's Laws and Practice of Parliamentary Assem- That is common law, and that is what every one of us swore to obey blies- when we took our oaths. Is now a branch of the common law, and as well settled as any other; and it When a division is demanded, all the members who were in the House when may be known and determined beforehand with at least as much facility and the question was put upon which the voices were given are not only permitted certainty as any other part of the civil or common Ie.w. · but compellable to vote, and consequently are not at liberty to withdraw from And again: the house. (Paragraph 1800.) All matters "ought to be determined, adjudged, and discussed according to Again: the course (taken in) Parliament, and not by the civil, nor yet by the common It is a, part of the duty of the tellers to see that every member votes in the di law, used in the more inferior courts." vision who was in the House when the question was originally put. If, there fore, they discover any members in the places or passages within the House, but And every member on this floor will consent and admit that this not within the body of the House, who do not retire with the members. it is Honse is the final court of last resort, not only to determine what the their duty to bring such memhers forward and to compel them to vote. (Par law is, but what it ought to be. I know we have a Supreme Court of agraph 1803.) When, in the course of a division, a question arises as to the right or duty of the United States which determines whether we act within the Consti a. member to vote, depending on the fact of his being in the house or not when tnihJn; but we ourselves, in the making of laws, first pass upon that tbe question was put, the practice is for the speaker to inquire of the member question. Again, Cushing says: whethei: he was present in the house when the question was put. If he an swers that he was, the speaker directs him to vote. (Paragraph 1812.) Parliamentary law is now a. branch of the common law, as well settled as any other; and it may be known and determined beforehand with at least as much The SPEAKER.. The hour of 5 o'clock having arrived, at which facility and certainty ns any other p~rt of the civil or common law. time, as determined by the House, a recess was to be taken until 8 Mr. Speaker, I am >ery glad that the gentleman from Georgia [Mr. o'clock this evening, the Chair declares the House to be in recess until CRISP] is ~resent so that he may ask himself the question whether we that time. are really 'sailing on an unknown sea,'' as he declared a few days ago. AFTER THE RECESS. I do not believe tha.t there is as much difficulty in determining what the The recess having expired, the Honse reassembled at 8 o'clock p. m., "common law is that governs parliamentary assemblies," and all as and was called to order by Mr. GROSVENOR, as Speaker pro tempo,·e, semblies of the people, as there is in determiniDg what is the common who directed the Clerk to read the following: law that applies to other subjects. SPEAKER'S ROOM, HOUSE OF REPRESENTATIVES, There is not a. meeting of a body of men, large or small, in this coun Washington, D. C., February 12, 1890. try that is not governed by "parliamentary law," not that which is Hon. CHARLES H. GROSVENOR is hereby designated to act as Speaker pro tem• enacted in statutes or in special rules, but that which is commonly pore at the session of the House this evening. known as "common law." There is not a board of directors, there is T. B. REED, Spea1•er House of Representatives, not a board of city councillors, there is not any number of men what Hon. EDWARD l\IcPmmsox, ever that get together to do anything whatever whose doings may not Clerk House of Re1n·esentalives. •· •• -- .' f.-J: ~ • -.. ~ .... - , .. .._ .- ··"' 1890. CONGRESSIONAL RECORD-HOUSE. 1251 THE RULES. and rules applicable to statutes and taken from the common law first The SPEAKER pro tempore. The Honse bas met, pursuant to order, and then use and apply such as the law deems applicable from their for the purpose of continuing the debate on the pending report from wisdom to a construction of our constitutions, whether it be Federal the Committee on Rules. mSta~ , .Mr. MANSUR. Mr. Speaker, neither my servce in this Honse nor I shall content myself by calling the attention of the House to a few my knowledge of general or special parliamentary law would justify of the most important, such as are of univerSal applicability, alike to me in speaking upon the pending question of the adoption of rules now a statute or to a constitution: before this House. Blackstone gives five rules (pages 60 and 61, Book 1). Rule 2 is as But, sir, there are constitutional que.stions of the gravest character follows: involved in the adoption by this House of clause 3, Rule XV, which If words happen to be dubious, we may establish their meaning from the con· text, with which it ma.y be of singular use to compare a word or a. sentence reads as follows: whenever they are ambiguous. equivocal, or intricate. Thus the preamble is On the demand of any membei' or at the suggestion of the Speaker, before often called in to help the construction of an act of Pa.rliament. Of the same the second roll-call is entered upon, the names of members [sufficient to make nature and use is the comparison of a law with other laws that are made by the a. quorum l in the Hall of the House who do not -vote shall be noted by the Olerk same legislator, that have some affinity with the subject or that expressly re and recorded in the Journal, and reported to the Speaker with the names of the late to the sa.rue point. members voting, and be counted and announced in determining the presence of a quorum to do business. Story in his Commentaries, fifth chapter, third book, gives eighteen rules of construction as especially applicable to the construction of the Upon which I entertain decided convictions, and believing as I do Federal Constitution. I cite Nos. 2, 6, and 12: that upon the question of a call of the House being ordered by one RcLE 2. 'Ve are to consider its nature and objects, its scope anti. design as ap fifth of the members, neither the House, by a rule of its adoption, parent from the structure of the instrument -viewed as a whole and also viewed nor the Speaker, by his eye, his senses, or his count, can add to or in its component parts. RULE 6. A given power is not to be extended by construction beyond the fair detract; from this constitutional right for the purpose of making a scope of its terms merely because the restriction is inconvenient, impolitic, or quorum by causing the names of non-voting (even i.f presentj members even mischievous. to be added to the roll-call so ordered, I shall consider that question RULE 12. The maxims which have found their way not o.nly into judicial dis cussions, but into the business of common life, as founded in common sense and or rule alone. }"'or one hundred years the doctrine has prevailed that common convenience. are applicable to the construction of the Constitution. upon call of the House a quorum only be shown by the answer a can A great law writer, Mr. Sedgwick, has said the means to be em of a maiority of all the members elected to the House responding to ployed in arriving at the legislative intent arran~e themselves under such roll-call. During all that time no one has doubted that this was two heads: First, those within the statute under consideration; sec constitutional, nor does any one now doubt its constitutionality. Yet it is now gravely and vigorously urged and pressed by a majority ondly, those outside the statute; and in another place, paga 19, he says: The general rules of interpretation are the same whether applied to statutes or of this House that a course and Qletho . . .,...- • - .·c· ... • .. _ ... •-'. ·-·; 1890. CONGRESSIONAL RECORD-HOUSE. 1255 says, that the proposed rules will make bribery_ ea~yi for und~ the Second. The dignity of the House and the rights of members are given old s_Y"stem the lobbyist WM compelled to see the rnd1v1dnal members, precedence over every question but a motion to adjourn; but now he can simply seek the ear of the Speaker, as under the pro Third. Members present but not voting may be counted as a part of posed rules the Speaker is the House. I hope no such thing will take the quorum; place. Fourth. One hundred shall constitute a quorum in Committee of the But gentlemen whoare trusted with publicpositionsshonld not only Whole House; and avoid evil, but the very appearance of evil. These rules will be adopted, Fifth. No dilatory motion shall be entertained by the Speaker. but disorder will ensue; corruption will reap its harvest; but the Demo Let us consider these in their order. cratic party must stand its ground and fight usurpation at every point. EVERY MEMBER MUST VOTE. The ''era of good stealing '' will be inangurated, but the Democrats That is what he is here for. If he has a pecuniary interest in the· will fight until the people re-enforce them next fall and drive out the event of the question he may be excused. This is the rule of the Brit plunderers. ish House of Commons, where "every member must~ive his vote one These rules will never receive the sanction of the American people. way or the other," says the quaint authority. This proposed change Rules should not be made for the Republican party, but for the whole fixes each member's responsibility and compels the discharge of his country, and where just rules end tyranny begins. Majorities should duty. It prevents evasion and dodging. It precludes silent acquies not rule unconnected with honesty and justice, and when they do they cence in measures for which the member would not permit himself to become tyrants and despots. The moment that the majority steps out be recorded. Coupled with the provision that one-fifth of n, quorum side of law liberty is lost and men are left free to do whatever their may demand the yeas and nays, it must serve as a safe-guard for the numbers warrant them to do. Treasury and a bulwark against corruption. There is no state of society under heaven, and there can he none, where perfect liberty exists without obedience to law. "USELESS MOTlONS ABOLISHED. All we ask is that the majority shall rule subject to the Constitution When a question of the highest privilege is before the House, it is of onr common country, and that liberty shall be regulated according proposed to allow only one motion to override it. Three motions have t.o law. heretofore been permitted. This simply eliminates two useless motions, The Democratic party that we represent on this floor is jealous of a motion to adjourn to a day certain and to take a recess. Not one oc encroachments on the Constitution, jealous of men who construe the casion in a hundred would arise when they would be used for other Constitution to meet their own purposes; it demands checks; it seeks than dilatory purposes. for guards; it insists on securities; it intrenches itself behind strong ATI'E~'DANCE CONSTITUTES A QUORUM. defenses and fortifies itself with all possible care against assaults on When l\Ir. Blaine, or some other historian of Congress, describes the this sacred instrument. It is not willing to trust to the weakness of events of last week in this Honse, he will be called to describe a scene human nature, and therefore it will not permit the m~jority to over something like this: steptheprescribedlimits, though they may claimitisfor thepublicgood. "Iu the tenth week of the first session of the Fifty-first Congress a The fortunes of parties may change, empires be born and blotted out, very st.range frenzy seized the Democratic side of the Chamber. When kings rise and fall, wealth, honor, and distinction fade as the dying the Speaker ruled that members present but not rnting shol!ld be pageant of a dream, but the Constitution must be preserved. While the counted asa part of the quorum necessary todo business, twenty mem Democratic party lasts, while man lasts, the Constitution must live. bers on the Democratic side jumped to their feet. Some gesticulated Its origin is the creation of democracy, and it can only cease to have wildly; some vociterated loudly~ some shook their fists at the Speaker; binning force when eternal truth and liberty are no more. some denounced him as 'czar,' 'tyrant,' 'despot.' This frenzy lasted Mr. MOORE, of New Hampshire. Mr. Speaker, parliamentary law for three days, when, like the Russian influenza that prevailed about is a growth. It has been the subject of expansion, curtailment, and that time, it suddenly disappeared and the House resumed its wonted reform at the hands of every parliamentary body that ever existed. dignity and decorum.'' Side by side with the eommon law of England it has been built up on The innovation which gave rise to this frenzy raises a question of con centuries of experience and precedent, until to-day it is a recognized stitutional constructi-On. On the one hand it is claimed to violate the code wherever a deliberative body assembles. long-accepted construction of the Constitution, which enabled members When the Constitution of the United States was framed, England had to be present in the House and by refusing to vote destroyed a quorum a system of parliamentary law at least four hundred years old. In and obstructed business. This construction of the Constitution had framing our written Constitution much was borrowed from the un long been acquiesced in without examination. It would have con written constitution of England; but in all our borrowing we never tinued to be the construction had not the abuse which it fostered be borrowed any system of parliamentary law. That was left for the come intolerable and led to an adjudication of the question by the American Congress to originate and establish for itself. Not that courts. The supreme court of the State of New Hampshire was, per a.lone. It was not left for the First Congress or the Tenth or the Fiftieth haps, the first to pass on the question. (Beck v.9. Hanscom, 29 N. H., to lay down the law for another Congress, but "each House" was left 213; Kimball vs. Marshall, 44 N. H., 465; Attorney-General i·s. Shepard, supreme to determine for itself its own parliamentary law. 62 N. H., 383.) This House, therefore, finds itself confronted by a question of the The development of the principle here in dispute is easily traceable. highest privilege. In accordance with the unqualified power confeITed The first case, Beck vs. Hanscom, 29 N. H., 213, decided forty years ago, by the Constitution it is to fix the rules of its proceedings. A.n able settled the doctrine that the absence of a quorum in one branch of a committ.ee of the House, men presumably of the ripest experience and city government, in a convention duly called, did not invalidate an most learning in parliamentary law, on both sides of this Chamber, election of a marshal. have presented to us, in the printed code and reports, the result of their In the second case, Kimball vs. Marshal, 44 N. H., it was held that a deliberations. There are, it seems, two reports. These five able and clerk was legally elected though only a minority of one branch were experienced men are unable to agree. They have agreed to disagree. present, no convention having been agreed to, because the law required Like sensible and practical men they have agreed to submit the issue an election on that day. Here we have the doctrine of official and in· to debate and vote on this floor. The proceeding is constitutional, or dividual ·re8ponsibility brnadened oat. But it was left to the court in derly, and necessary. It appeals to no passion. It warrants no ex Attorney-General t:s. Shepard et al., 62 N. H., 383, t.o meet the question travagance. It furnishes no occasion to fire the popular heart or attempt here at issue face to face and settle the doctrine that a proposition is t.o alarm the country. To cry "Revolution!" "Revolution!" is to carried by a majority of the votes cast, though a quorum, being pres cry "Wolf!" ''Wolf!" when there is no wolf. The people of this ent, should not vote. The opinion in this case was delivered by Chief country know what ''revolution" means. They know that it means J ustice Doe, whose name will bereco~nized bytheablelawyerson both firing on the flag, not protecting it. They know that it means tearing sides of this Chamber as that of one of the ablest j nrists in this country. up the Constitution, not abiding by it. They know that it means A.11 the justices, three Republicans and three Democrats, concurred. leaving this Hall with an oath on their lips to support the Constitution I quote: and then plunging into fratricidal war to destroy Coustitution, Union, There were seven aldermen; four were a. quorum; six were present; three country, all. voted for the adoption of the amendment, and the refusal of the other three to The question here is not revolutionary. It is not even extreme. It vote wns inoperative. In the absence of express regulation a proposition is carried in a town meeting- or othe1· legislative assembly by a. majority of the is simply a qu~tion whether we will accept or reject a system of rules votes cast. (St. Joseph 'l.'own:1hip vs. Hogers, 16 Wall., 644, 664; Dill. l\Iun. Cor., that three men out of five, constituting the Committee on Rules, as s. 4-J, p. 63, n. 2; Richardson vs. Society, 51l N. H., 187, 188.) The exercise of law sure us will enable this House t.o conduct its business with dispatch making power is not stopped by the mere ailence and inaction of some of the and safety, and with due regard to the rights of each and all. law-makers who were present. An arbitrary, technical, and exclusive method of ascertaining whether a quorum is present, operating to prevent tb,r\ perform. I have examined these rules with a good deal of care, and I confess ance of official duty and obstruct business of government, is no part of our com I can not find that the old forty-seven rules are changed except in five mon law. The statute requiring the presence of four aldermen does not mean that in the presence of four a majority of the votes cast may not be enough. The or six material respects. A.re these changes conformable to the Con journal properly shows how many members were there when the vote was stitution? Are they reasonable? Do they promise to enable the House taken by yeas and nays; there was no difficulty in ascertainin~ and recording to dispatch business with safety to the public interests? Let me state the fact, and the requirement of a quorum at that time wa.s not intended to fur these changes: nish a means of suspending the legislative power and duly ofa quorum. First. Members must vote unless they have a pecuniary interest in On the strength of this opinion the speaker of the New Hampshire the question at issue; house of representatives, Hou. Samuel C. Eastman, himself an able 1256 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, lawyer, held that a quorum was present though the members refused future, that that side of the House has never been guided very much to vote. This question, then, is not a new one, and it bas been thor either by the law or the Constitution, w benever either may stand in the oughly adjudicated in one State of this Union in the exact line, for the way of any party exigency or peculiar opinions of their own. exact reasons, and to remedy the exactabusa that we find presented here. Mr. PICKLER. But we get there all the s:.tme. [Laughter and It is strange that a construction so faulty and mischievous should ha.ve applause on the Republican side and in the ~all~ries.] obtained so long. The Constitution itself never admitted of it. Had The SPEAKER pro temp01·e. The Chair will remind occupants of it meant that members in attendance should not be counted as a part the galleries that applause is not tolerated and is entirely out of order. of a quorum necessary to do business, the clause of the Constitution Mr. ROGERS. Mr. Speaker, I suppO$ed that this was a ~allery would have read: ''A majority of each House, present and voting, shall performance to-night, and the galleries seem to understand it also. constitute a quorum to do business." [Laughter.] The words '' present and voting'' are not there. They never were l\fr. Speaker, I do not know just exactly by what rule of general par there. They were never intended to be there. This is plainly and in liamentary law the Speaker has succeeded in sandwiching in from t1me contestably evident from the word ''attendance," which is thesolere· to time others who have had no place on that roll, and how he managed sult named in the power conferred on each House to enable it to obtain to get my name at the very foot of it with ten minutes credited to the a quorum. Attendance is the beginning and end of a quorum. How gentleman from Illinois and myself, according as the one or the other its presence shall be determined is left absolutely to each House to de should happen to secure recognition. Eut so it happens. In the termine in its rules. The Constitution only requfres that a quorum -mean time, however, something has occurred to which I desire, before shall be iu attendance. entering upon the legal proposition, to devote some little attention. A COM:IIITTEE OF ONE HUNDRED. I was gratified when the gentleman from Illinois [Ur. PAYSON J yes No standing or special committee of this House consists of more than terday in delivering his remarks made known that he had found the :fifteen members! with one exception. They sift, consider, revise, and panacea for all the ills of the Democratic party, whether flowing from report all the important legislation of this House. A.committee oftbe general parliamentary law or this code, and that remedy in the Consti; Whole House stands in precisely the same relation. By the new rules tution, namely, impeachment of the Speaker. Of course, Mr. Speaker, a quorum of this committee is fixed at 100. In the British House of this was au inadvertence, for he must know that more than a hundred Commons it is 40. If there is any danger-line in this it is strange that years ago, in the Blount case, the Senate of the United States decided the House of Commons has not discon:red it. It is the least important that a Senator could not be impeached; and Mr. Story lays down the of the proposed changes. It may promote absenteeism from the Com same doctrine as to the mem hers of the House of Representatives. Only mittee of the Whole. If so, it can be changed. One good effect seems civil officers of the United States, under the Constitution, may be im certain: it will enable the committee to work longer and with greater peached under any circumstances by the House, and if he bad turned dispatch than under the old rules. to the provision of the Constitution he would have found that the "President, Vice-President, and all civil officers of the United States THE DAY FOR DILATORY llIOTIO~S HAS G-0}>.'E BY. shall be removed from office on impeachment and conviction of treason, Unquestionably the most far-reaching change proposed in the new bribery, and other high crimes and misdemeanors;" and members of draught of rules is embraced in article 10 of Rule XVI. That article the House and of the Senate may be expelled by the concurrence of tersely reads: two-thirds of the members. So awa,y with the constitutional remedy No dilatory motion shall be entel"tained by the Speaker. of the gentleman. Standing alone that article might mean much, but I hold that it is And you, l\:Ir. Speaker [Mr. GROSVENOR], yesterday morning spent limited a.nd qualified by article 4 of the same rule, which secures to soI!lething less than half an hour perhaps in parading that stale cal the House, collectively and individually, seven motions ofright. These umny, which, if true, was the severest commentary that could be ut motions are the motion to adjourn, to lay on the table, for the previous tered against the Democratic party, to wit, that it had been for a quar question, to postpone to a day certain, to refer, to amend, or postpone ter of a century camping each night upon the ground occupied by the indefinitely. Are not these motions enough? Are they not ample for Republican party the day previous. legitimate delay? Are they not sufficient to thoroughly engage the Mr. Speaker, there is one thing yon will not be able to say, and speak House until it recovers its sober second thought and deliberately de- the tmth about the Democratic party, and that is that it has ever camped termines to approve or reject the pending measure? outside of the Constitution. [Applause on the Democratic side.] Yet a Sufficient as this consideration is, this new rule, aimed at factional witty Irishman once said that your party had repeatedly violated every and individual obstruction in this House, rests on a broader and pro- provision of the Constitution in the effort to save what was left of it. founder basis. The day for factional and individual obstruction in [Renewedlaugbterandapplause.] ButithasbeentheprideoftbeDem this House has gone by. The obstructive exhibitions in this House in ocratic party from the foundation of the Government down to this hour the last dozen years have been condemned by the general sense of the to abide by the terms of the Constitution and to uphold and defend it. country. It has been seen that the vast and multiform interests of It was the discharge of that high and sworn duty that brought on 60,000,000 of people, soon to be 100,000,000, suffer in consequence. this contest, this protest against the arbitrary rulings of tbe Speaker The country has seen that this House itself-the great House of Com- and the revolutionary conduct of the lean majority upon the opposite mons of America-suffers in its usefulness and in the respect due to side of the House in the violation of that sacred instrument. it. There is no time here for factional or indh·idual delay. The needs l\Ir. Speaker, the gentleman from :Michigan [Mr. ALLEN] said that in of forty-two States, the necessities of a continental empire, the honor, the proceedings which. took place last week I stood crimson with iu prosperity, and perpetuity of the Republic itself, imperiously demand dignation and "speechless with amazementatthe conductoftheSpeaker that this body, of all legislative bodies in the world, shall be a delib- of the House of Representatives in the ruling which be then made." l\Ir. erative body. Unless it is such it can never meet the just and growing Speaker, I had served six years upon this floor with the present Speaker demands of the people and the country. With ten thousand bills on of the House. I knew he was a h~t~er, persistent, aggressive partisan; the Calendar, with thousands more already in sight, and with fifty I knew that he was a man of ability; I knew. 11Ir. Speaker, to give committees of this House constantly at work su·ting and revising the support to the idea of the gentleman from Iowa [1\Ir. HENDERSON] this vast mass of legislation proposed here, the necessity is impemti ve that afternoon, that he wagged a nasty tongue; but I had supposed that when this should be a business body, governed by business principles. In he was honored with the position in that chair, graced and honored by such a body the time bas gone by for factional and individual ob. a long line of predecessors more distinguished, many of them, than he, struction. Rather is it wiser and safer, as the new rules pro>ide, to or than be ever can be (after the proceedings of these ten days), he would give hours for debate but, not one hour for obstruction. lay aside his partisanship and assume the duties of that high office, ris- , Iing up to its great dignity with at least some degree of impartiality and LE.\. VE TO PRINT. fairness. I agree to the proposition of the gentleman from Uichigan Mr. SPRINGER. I ask unanimous consent that all gent.lemen who [Mr. ALLE~] that I was appalled. I was appalled and speechless at desire to do so may be permitted to print remarks upon this question. the unprecedented and stupendous audacity that any man should take There was no objection, and it was so ordered. upon himself such usurpation of power and overrule the precedents of a hundred years as uniformly practiced in this House and the Senat.e, THE RULES. and that, too, upon a constitutional question. 1\Ir. SPRINGER. I now yield twenty minutes to the gentleman Mr. Speaker, this brings me to the discussion of the legal proposi- from Arkansas [Mr. ROGERS]. tions which I propose to submit. Nearly all who havespoken on that l\1r. ROGERS. Mr. Speaker, I bad purposed on yesterday to spend side, and among them thegentlemanfromNewHampshire[M:r. MOORE], ten or fifteen minutes in the discussion of a single legal proposition in who has just spoken, have admitted that the unbroken line of prece volved in the ruling of the Speaker. By the kindness of a friend who dents in this Honse for a whole century of our national existence are had secured a place high up on the roll, third I believe, at the Speaker's against the position assumed by the Speaker; and he justifies his con table, I was substituted in his place, and I had supposed that I would duct by the growth of parliamentary law. He forgets that the fun have an opportunity to say what I had to say in the presence of the damental principal involved in the action of the Speaker is not a ques Honse of Representatives. But perhaps it is just as well that I should tion of parliam!'lntary law, but it is a higher and graver question: a say it here and let it go into the RECORD; because I have found, after question of constitutional law, an instrument which both he and I six years of experience here, as will my accurate, precise, and unsophis alike have sworn in honor to support and defel!d. They admit the ticated friend from New Hampshire [Mr. MOORE], some time in the precedents are against them. My answer, Mr. Speaker, to that is this: ... -...:(_ -· . 1890. CONGRESSIONAL RECORD-HOUSE. 1257 When you admit the unbroken line of precedents for one hundred years, But, Mr. Speaker, in 16 Peters a similar doctrine was laid down by the uniformly observed and practiced by all preceding Speakers, you give Supreme Court of the United States, where they say: away, yon surrender the entire case; for in so doing you admit the The safest rule of interpretation after all will be found to be to look to the rule of construction which is to control in the interpretation of that nature and object of the particular powers, duties, and rights, with all lhe lights and a.ids of contemporary history, and to give to the words of each just instrument; and it is upon that point that I propose now to submit such operation and force, consistent with their legitimate meaning, as may some authorities. I read first, Afr. Speaker, from the message of James fairly secure and alto.in the ends proposed. :Madison. Some one took occasion to speak of him t.o-day, as he has In l\Iartin i·s. Hunter's Lessees, Chief-Justice :Marshall said: often been spoken of, as the Father of the Constitution. Said he: This weight of cont-emporaneous exposition by all parties, that acquiescence Can it be of less consequence that the meaning of a constitution should be by enlightened State courts, and these judicial decisions by the Supreme Court fixed and known than that t.he meaning of a law should be so? Can, indeed, a. through so long a. period do, as we think, place the doctrine upon a. foundation law be fixed in its meaning and operation unless the Constitution be so? On and authority which can not be she.ken without delivering over the subject to the contrary, if a varticular legislature, differing in the construction of the Con perpetual and irremediable doubts. stitution from a series of preceding constructions, proceed to act on that differ ence, they not only introduce uncertainty and instability in the Constitution, but I can multiply these decisions indefinitely, from the same court and in the laws themselves, inasmuch as all laws preceding the new construction from the State courts throughout the Union. and inconsistent with it are not only annulled for the future, but virtually pro nounced nullities from the beginning. * * * Has the wisest and most con So again, in Cohen vs. The State of Virginia, in the opinion delivered scientious judge ever scrupled to acquiesce in decisions in which he has been by Chief-Justice Marshall himself many years ago: he makes use of this overruled by the matured opinions of the majority of his colleagues and sub language: sequenUy to conform himself thereto as to authoritative expositions of the law? And is it not reasonable that the same view of the official oath should be ta.ken Great weight has always been attached, and very rightly attached, to con by a. legislator act.ing under the Constitution, which is his guide, as is taken by temporaneous exposition. a judge acting· under the law, which is his? There is in fact and common understanding a necessity of regarding a course Mr. Speaker, I have read in this presence these hastily collected au of practice as above characterized in the light of a. legal rule of interpreting a. thorities to show that whenever you concede that the unbroken line of law; and there is a. like necessity of considering it a. constitutional rule of inter precedents, the unbroken line of usage, the unbroken line of practice preting a constitution. * * * Let it then be left to the decision of everyintel ligentand candid judge, which, on the whole, is most to be relied on for the true in this and in the other house of Congress has been to confine what ap and safe construction of the Constitution, that which has the uniform sanction pears upon that Journal upon a yea-and-nay vote to the names of per· of successive legisll\tive bodies through a period of years, and under the varied sons who answer upon the roll-call, the rule is fixed too strong, as the ascendency of parties; not that which depends upon the opinions of every new legislature, heated as it may be by the spirit of party, eager in the pursuit of courts say in these cases, to be overturned at this late day. some favorite object, or led away by the eloquence and address of popular states And, Mr. Speaker, when the gentleman from Iowa [Mr. HENDERSO~] men, themselves perhaps under the influence of the so.me misleading causes. expresses his humiliation because the Speaker of this House has not It was in conformity with the view here taken of the respect due to deliberate . and reiterated precedent that the Bank of the United States, though on the been treated with the respect that is due to his high office, let me re original question held to be unconstitutional, received the Executive signature mind him that a more distinguished Representative than he, and a more in the year 1817. distinguished citizen of Maine [Mr. Blaine], gave him fair admonition And, Mr. Speaker, leaving James Madison, I come next to Andrew of what would follow such a usurpation of power when he said, in sub· J aclclon. Said he: stance, that the greatest scandals that have occurred in the history of our country have occurred from the recognition of the principle here The symmetry and purity of the Government would doubtless have be~n bet ter preserved if this restriction of the power of appropriation could have been contended for under rules in State Legislatures, and which the Speaker maintained without weakening its ability to fulfill the great objects of its insti has now enforced in this House for the first time, without even the tution, an p,ff'ect so likely to attend its admission, notwithstanding its apparent fitness, that every aubsequcnt administration of the Government, embracing a. sanction of a rule t-0 sustain him; and, moreover, that its recognition period of thirty out of the forty-two years of its existence, has adopted a. more would result in anarchy and in placing the Hq_use of Representatives enlarged construction of the power. upon the crater of a volcano. A restriction of the power •'to provide for the common defense and general welfare" to cases which a.re to be provided for by the expenditure of money Is it any wonder, sir, that I should stand, young and inexperienced would still leave within the legislative power of Congress all thegree.t and most as I am and yet somewhat familiar with the hist.ory of your party-is important measures of the Government, money being the ordinary and neces it any wonder that I should stand appalled as it were and speechless sary means of carrying them into execution. I haYe not been able to consider these declarations [of Mr. Madison] in any in the face of this bold, naked usurpation of power by the Speaker of other point of view than as a. concession that the right of appropriation is not this House, without even a rule of the House behind him to excuse his limited by the power of Congress to carry into effect the measure for which the conduct? Why, Mr. Speaker, no higher compliment could be paid to money is asked. as was formerly contended; that the public good and the nat ure of our political institutions require that individual differences should yield an honest man than to say that he did stand appalled, and I accept tho to well settled acquiescence of the people and confederated authorities in par statement of the gentleman from Michigan upon that proposition. ticular constructions of the Constitution on doubtful points. Not to concede Mr. Speaker, after six years of continuous service in this House, until this much to the spirit of our institutions would impair their stability and defeat the objects of the Constitution itself. the revolutionary proceedings inaugurated by the Speaker began, I be· lieve every old member upon th~ floor will concede to me one thin~, So said James Madison and so said Andrew Jackson. namely, that no unparliamentary speech was ever uttered by me in this In Dwarris on the Construction of Statutes a similar principle is laid Hall. I have felt a pardonable pride in the observance of the highest down. Ile says: ' parliamentary decorum more than once under the most trying circum· And it is also held that contemporary history and contemporary interpretation stances. may be called in to aid in arriving at a.just conclusion. The SPEAKER pro tempore. The time of the gentleman has expired, The Supreme Court of the United States in the early history of our but the Chair will recognize the gentleman for ten minutes in his own country, in which there sat William Cushing, William Patterson, Sam right, if he desires now to occupy the time. uel Chase, and Bushrod Washington, used these words, which I com Mr. ROGERS. I will use a portion of the time. I had so cut up my mend to gentlemen upon the other side. The court said: speech in order toget it inside of the time allowed me that I have no1l A contemporary exposition of the Constitution, practiced and a.cquiesced under made it as I would like to have made it. Upon the point that I was dis for a period of years, fixes the construction, and the court will not shape or control it. cussing when my time expired let me add that if what I bave claimed for myself is accorded me by gentlemen with whom I have served in this Fixes the construction, Mr. Speaker. That is a synopsis of the opinion. House I think I maybe excused if upon this occasion I have not been Time will ·not admit of reading the opinion in full, but the court as decorous, if I have not been as courteous, if! have noL been a3 calm says further: and as cool as some of my friends from the frozen mountains of New Another reason for reversal is that the Judges of the Supreme Court have no right to sit as cirnuit judges, not being appointed as such; or, in other words, Hampshire. My case is somewhat like that of a true Democrat in Ar that they ought to have distinct commissions for that purpose. kansas who was called by another Democrat, in an evil moment, "a To this objection, which is of recent date, it is sufficient to observe that prac damned Radical,'' for which he was at once knocked down. A gentle· tice and acquiescence under it for a. period of several years, commencing with the organization of the judicial system, afford an irrefutable answer, and is, man came up and seeing the ~:xcitement eagerly inquired, ''What is the indeed, a fixed construction. It is contemporary interprete.lion of the most forci matter? '' ''Why,'' said the man, ''be called me a damned Radical, ble nature. This practical exposition is too strong and obstinate to be she.ken and I hit him." "Hit him again! " said the by-stander, "and I will or controlled. defend you. The provocation is ample." [Laughter. J Mr. Speaker, will your party abide by the Constitution as intepreted No, sir; it was the Speaker of this House who inaugurated the~e un by the Supreme Court, whose duty under the Constitution is to inter seemly scenes, and he thought that by naked, dogged stubbornnes•; and pret the Constitution and laws of the land? If yon will, how will you persistency he would overrule and browbeat and intimidate this side avoid the force of this language? Here it is held that "practice and of the House from entering a solemn and earnest protest against these acquiescence" afford an "irrefutable answer," and a "fixed answer," revolutionary proceedings. Thank God, he was mistaken in that ex and that" this practical exposition is too strong * * * to be shaken pectation. This side of the House, standing in solid phalanx, defied or controlled." him, protested against his usurpations, stood up for the Constitution, This opinion, Mr. Speaker, was delivered in 1803, only a few years stood up for constitutional government and the personal independence after the great instrument, the Constitution of the United States, passed of individual members on this floor and in this country. [Appla~ into operation. How much stronger is the case when that principle of on the Democratic side.] If gentlemen invoke this controversy, let us construction is applied to the action of this body, which for one hundred go back to the people. It is the corner-stone of the party to which I years, consistently, persistently, and supported hy the uniform practice belong. Ifit bad not that stone npon which t.o rest I would have n9 in the other end of this Capitol, has held the doctrine that the Journal respect for it. It is the party of the Constitution, based upon the shall express the yea-and-nay vote only upon a roll-call of this House. Constitution, its operations all inside the Constitution, which is the ~ .. • ...... 1258 OONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, golden link that shall bind together the Union of these States and se propriate place than there in defiance at the very doors of the Treasury. cure to us that peace, prosperity, and happiness which have grown up [Renewed applause.] It is not only those who seek subsidies, it is not during the first century of national existence. only those who seek to build up their interests by taxation of the people Mr. Speaker, I wish to supplement what I have said by the authority and by misappropriation of funds out of the Treasury, it is every job of a great man. I want to read briefly from the debate which took ber, it is every advocate of every scheme that has been inaugurated place upon the rules of this House in the Forty-sixth Congress. It during the past ten or twelve years of our country"s history that now will be remembered that those rules were brought into this House by knocks at every door of this House of Representatives. And are we to a unanimous report of the Committee on Rules. It will be remem sit here silent, faced by no other argument than the cry of "war," bered that that report was taken up, and for a political question dis '' pensions,'' and ''brigadiers,'' and permit our own people and your cussed with the very greatest freedom from passion or party zeal that people-for you can not resist it; you have but one alternative, that is, one could well imagine. The House was not divided upon pa.rty lines. to surrender your seats or do their bidding-shall we who are differ The report, as I have said, was unanimous. Seven weeks were occu ently situated stand here without uttering our feeble protest against pied in that discussion. As to the Draconian code now proposed, we these raids upon the Treasury, simply because you say twenty-five were allowed only three days to examine it and discuss it generally be years ago a large portion of this side of the House was engaged in a fore this body. "little unpleasantness" down South. [Applause.] That is your stock In the great discussion to which I have referred, in January, 1880, argument. Alexander H. Stephens participated to some extent, and it is from his M.r. Speaker, I have often thought that there were some windy, remarks that I desire briefly to read. He said: noisy, wide-mouthed, and loud· mouthed politicians in every House since Now, the pending question is an old one. It is to ccmpel members present to I have been here who never would have been heard of if it had not been vote. The gentleman who has just taken his seat, the gentleman from Illinois for that little unpleasantness. "War," "rebels," "pensions," are [Mr. SenINGEit], ~sk.!!, what is the Constitution worth? Unless the amendment the stock in trade of them all. They come to the surface by the agita proposed by the gentleman from Virgiuia [l\lr. Tucker] is adopted, the rule as reported by the committee is a.sit was made by the founders of our Govern tion of these questions, and without them they would never have risen ment. Tbe Constitution has been in existence for over three-quarters ofa cent· from the dregs. I would suggest that that class of men ought to get ury and the Government carried on all the time under this rule as reported together, make up a pony purse, and build a monument to some of us and without the prop.osed amendment. Am 1 now to answer him by telling him whnt the Constitution without the proposed amendment is worth? 'Vhy, sir, wh-0 were present "to do busine."'s" in that "little unpleasantness," for wh11 t has been done without it! ·what grand achievements have been accom they and tb9se they represent are, if not the sole, as least the greatest plished without it-accomplished under the rule as reported by t.he committee! possible beneficiaries of what took place. [Applause.] What grander achievements may not yet be accomplished under it without the proposed o.mendment ! Mr. SPRINGER. Mr. Speaker, I had intended to submit some re "\\rhatever has been done has all been done under this rule as it stands and as marks to-night on the code of rules that has been proposed by the Com our <'Ommittee recommend it shall remain. That rule has been the rule of this mittee on Rules. I have been a member of parliamentary bodies for a House, 1 think, since the First Congress. There have been divers attempts to amend it to make members vote whether they will or not. You have the right great many years and ha.ve always taken a great interest in the rules. to bring them into the House, butnc> House ha.sever yet adopted any measure I had hoped that during this session I would have the pleasure of assist to punish a member for not voting. One distinguished Speaker of the House ing my Republican friends in preparing and having adopted a code of once so.id: "You m11.y bring a horse to water, but you can not make him drink." I think we had better leave the rule just as it is. A.11 parties since the begin rules that would be some improvement, at least, upon the old code un ning of the Government have occasionally, when in a minority, absented them· der which we have practiced heretofore. selves to break up a quorum and thus prevent the passage of an obnoxious There are defect.a in that code, and those defects could have easily measure. They do it in our Legislatures. It has been done in the Legislature or my Sta.te, and, I suppose, in the Legislature of almost every other State. been removed without any radical ehange. I was willing to assist to They have done it from time immemorial, and I suppose they will continue to that extent, but it seems to me instead of reforming these rules for the do it. sake of reform they have been reforming them in the interest of the I think we had better leave it just as we find it. I know of no way unless we attempt t-0 punish a member for absenting himaelf or not voting when present. lobby and for ~he purpose of securing partisan legislation. [.Applause.] Suppose we brin1t an absent member into the House. as we have a right to do. It has been claimed by the Speaker of the House and by his friends But when he is brought in and he refuses to vote, what then? The gentleman it is for the purpose of facilitating legislation, as if under the old rules from Illinois has just now stated that they could be counted to make a quorum. But what of that? A. quorum-a majority of the House-must not only be pres we could not pass laws enough. Now, Mr. Speak.er, I wish to call the ent, but mu."lt join in the business of the House, either for or aK"a.inst a measure, attention of the House to the fact that during the last Congress-the to make the action valid. If they are in and do not vote upon the passage of Fiftieth Congress-we passed more laws than were ever passed at any the bill or measure in the House, they do not make a. quorum in the transaction of business. You can not pass the bill or measure unless a. ouorum votes! You former session of Congress. can not count those voting for the bill s.nd say of all others, constructively, that Here is the volume which I hold in my hand, certainly large enough they voted against it, and thus pronounce the measure carried I Your Journals to contain the laws of any one Congress. Over two thousand law~I must show the votes, the yeas and nays of a quorum for and against the meas· ure. But under this amendment there could be no such record. You could were passed during the last Congress. Gentlemen must remember, count the votes of those present and not answ~rin~ to their names only by con also, three months of that Congress were given to the discussion of tho struction. This could not rightfully be done. You must have the votes before tariff bill which passed this House, but did not pass the Senate. And you can rightfully count them. I state to the House, after mature reflection and after studying this question there were more hours spent in filibustering in that Congress than in carefully for many years, that in my opinion you can not improve upon the lan· any previous Congress in the history of the country. And yet it bas gua~c adopted by the founders of the Republic as set forth in the rule reported excelled all other Congresses in the number of laws passed. It is not, by the committee. They ma.de the rule as it now stands. You can no~ secure votes by compulsion and you can not create them by construction. therefore, for the purpose of legislation, but it is for the purpose of The rule says any member shall vote except he be interested or excused. If getting through that kind of legislation which could not pass if those any member or number of members refuse to vote, you can not provide a rule barriers were not torn down. that, will meet the difficulty. A member not voting in his seat or going out. so long as he is not disorderly, I will call your attention to some of the measures which may gefi so long as he commits no improper act, is responsible only to his constituents. through if you break down the barriers which have existed for one hun If they send a. member here who will not vote when in his seat or will leave the dred years and adopt this new code. It ought to be denominated a codo House on roll-call, it is a matter that concerns him and them, and not this House. I say, in conclusion, I think: we better let the rule stand as it is. todistributethesurplas, to create a deficit in the Treasury, and to double the national debt. [.Applause on the Democratic side.] Ur. Speaker, this man devoted a. large portion of a long life to the The following are some of the measures pending in this Congress, public service. When he made these remarks he was in his old age many of which and all of which have supporters on that side or in the after a long service in this House. Having devoted his life to the lobbies, or in the office on F street to which my friend who preceded study of the institutions of his country and the Constitution of our me has referred. [Laughter.] land, is it not proper that some credit and some weight should be 1. The Blair educational bilL ______------$77, 000, 000 given in a contest like this to utterances such as these which fell from 2. The French spoliation claims------351 000, 000 his lips on the floor? 3. Subsidies to steam-ships, $20,000,000 a year for ten Mr. Speaker, I bave no hope that anything I have said or anything years ------_ ---··------200, 000, 000 that anybody else has said or may say will change the action of the 4. Coast defenses and a big navy ______300, 000, 000 Republican caucus. In these rules I know from personal conversa 5. Arrears-of-pension bill ______380,000, 000 tions are things which your party does not approve. I doubt whether 11 6. Dependent-pension bill, $10,000,000 a year for, Eay, a '' t will be crossed or an '' i '' dotted in the adoption of this code. ten years------___ _ ------____ ·----______100, 000, 000 In uttering my protest here against its adoption, standing up here to 7. Service-pension bill, $30,000,000 a year for at least night in defense of the Constitution and of individual liberty and con stitutional government in this country, I do not expect to accomplish ten years------~------300,000,000 more than to send out to the people something from which they may 8. Gunboat war claims ------10, 000, 000 9. Otherwarclaims ------20,000,000 understand the :fight in which we are engaged. 10. The eight-hour claims______5, 000, 000 Mr. Speaker, this is not a fight between two po1itical parties on this floor. It is a fight between the guardians of the Treasury and the 11. The river and ha.rbor bill (annually)------25, 000, 000 spoilsmen upon the outside. [Applause on the Democra,tic side.] 12. The militia. bill .. __ ------__ -·· ______------l, 000, 000 13. Spe?i~l public-building bills and general bills for all Swung across F street down town is to-day a :flag upon which is the in scription "American shipping must and shall be restored." The place c1t1es ____ -·------· ·· ------·------25, 000, 000 where the .flag is displayed is the headquarters of those who are de There will be a public-building bill for each Congressional district manding subsidy. They could not have swung that :flag in a more ap- before we get through. [Laughter.] ...... ;.._.. -¥-·. 1890. CONGRESSIONAL RECORD-HOUSE. 1259 Mr .McCLELLAN. One for each town. l\Ir. HOUK. Mr. Speaker, there seems to be some misappr~hensi?n • M:r: SPRINGER. Twenty-five millions of dollars, then, is a. small between the respective sides of this House as to why our constituencies estimate. It will bo a hundred millions.before we shall get through sent us here as Representatives upon this floor. Now, it has struck me with it. throughout the progress of this deb~te that this entire contJ:over~y has 17 000 000 grown up through a misunderstandmg between the respective sides as 14.· Direct-tax refunding bill ------·------$ ' ' tow by and for what purpose we are members of Congress. I am of ~he 15. Indian depredation claims.------lS, OOO, UOO opinion that my constituents sent me hereforthepnrposeoftransactmg 16. Bills confirming land grants worth ______lOO, OOO, OOO the necessary business of the country, looking to the best interests of How much do you suppose that amounts to? One billion six: hon- the people. It seems that our Democratic friends-- . dred and ten million dollars which are now pending on your Calendar, M:r. PICKLER. Will the gentleman allow me a question there? whose supporters are here, if this code should pass so they may be able l\Ir. HOUK. Well, I have so little time that I can not yield to a to get them through during this session of Cong~ess. . . question. I expect some of my Democratic friends will want to ask me Mr. SENEY. You will have to add to your list twenty millions for a question or two before I get through. [Laughter.] Federal election laws. Mr. PICKLER. I wanted to ask you if your constituency sent you Ur. SPRI~GER. I hope not; but I have not got through. T~is here to secure pension legislation. does not include the bills to refund the cotton tax, S60, 000, 000; to dis- Mr. HOUK. I will get to that if I am permitted to go along in my pose of the captured and abandoned property proceeds now in the Treas- own way. [Laughter. J But, I will pause here long enough to sayth~t nry $10 000 000 · to build canals, Hennepin, Florida, and the Chesa- not only my constituents but the patriotic people everywhere expect t_his peake a~d D~law'are-how many millions they are to amount to I can Republican Congress to do justice_ to the soldiers who saved the Umon not say; my figures have given out. [Laughter and appl~use.] To and made it possible for us to na-ve a Government a~d a Congr~. secure a deep-water harbor at Galveston, Tex., $6,000,000, bemg a Dem- [Applause on the Republican side.] But, I repeat, my idea of commg ocratic city. The thousand and one private c~aims Pt_It through t~e here was that I, as a Representative, was to engage in trying _t-0 d? the petition-box, appropriately referred, are now bemg considered, and wlll business of the country. It seems, thou~b. that our Democratic friends be brought in in a few days and passed through unl~S':n~e put on that have the exactly opposite idea about this matter. Your speeches [point necessary brake t-0 which I shall call your attention m a moment. ing to the Democrats], your conduct, and the whole course of your ac These demands could not all be satisfied unle.s the rules were ch~nged, tion since this controversy began show tha! yon want a set of rul~s and they would not only, as I have sai.d, exhaust the surplus m the adopted that will enable you not to do busmess. [Laughter. J It is Treasury, but they would create a deficit. [Renewed applause on the admitted that under the old rules and ruling, a few members, or, as Democratic side.] we have seen,' one member, may prevent the transaction o~ business. These rules, l\Ir. Speaker, are as great an assault on the Treasury of It is admitted that under the proposed rules and the ruling of the the United States if successfully carried through as was the great war present Speaker a majority can at all times do business. When you itself in the cost of materials. And we are told any opposition to these aet back to your constituents and ask for a re-election I want to come rules is to subject us to the displeasure of the Speaker. .I had ~up- ~nd hea.r some of you speak to the people. Are you going to say to posed his honor, elected ~ Sp~ker, W?uld preside on this occasi~n, them, "My fellow-citizens, you ought to return me to Congress; I de because having some experience m parlia.menta.ry law, I had a desire mand and am entitled to a re-election because I have refused to do to re. tleruan from Illinois has expired. of le • it, and it cloes not speak very wisely iOr you gentlemen on that side of to prevent the party then dominant in the Honse from reaching the the House. [Laughter.] proper jury in a contested-election case. If you are right now, why in the name of all the gods at once did I thank thee. Jew, for teaching me that word. you not adopt this policy in 1861 and burst this Government into The very illustration which the gentleman has used is one of the splinters by refusing to vote and by running backwards-by imitating strongest, most forcible, and most logical reasons which could be pre the crawfish? [Laughter and applause.] If you are correct Bow, you sented on this floor why the ruling of the Speaker is right and why could have destroyed the Union then by a "dumb" rule; by sitting this rule should be adopted for the guidance of this Honse in the per in your sea~ and refusing to vote, as you now claim to have a right to formance of its duties in representing and legislating for the American do under the Constitution. You had the power to destroy the Union in people. The gentleman's argument is this: "Yon Republicans took this way without firing a gun or shedding a drop of blood. adYantage of the ruling which then existed and prevented us from get l\Ir. Speaker, I feel that it is my duty to vote to adopt this code of ting a case before the proper jury, and now you are proposing to adopt rules, which will promote progress and action, and enable ''we." the a rule by which you can reach the jury under all circumstances at any representatives of the people, to get at, discuss,.and dispose of all the time, and I am against that. Yon did wrong before, and now, when business that may come before this House. There is not a man here you propose to do right, I will do wrong." That is his argument. He who h:is bad any experience but knows that the policy and the con denounces us for refusing to vote and thus preventing the trial of a struction clamored for by the other side places the power in the hands contested-election case, and yet he and his party resort to the same of one or half a dozen gentlemen, or in any infinitely small minority, bad habit for the same ..purpose, and claims that we are tyrants if we to cloO' the wheels of this Government and stop all legislation, and do not make it lawful for them to continue this wicked practice. "Con conse ·-.-' J ~ • 1890. CONGRESSIONAL RECORD-HOUSE. 1261 Mr. HOUK. I simply say it was. This is the difference between the ical case. Political events in this country within th~ past eighteen gentleman and myself: he does not know and I do. LLaughter.] I months recall the historical fact that the Constable of the Bourbons say that if the gentleman will read the case he will see that I am right. agreed with Charles V that he would march his army a$?ainst Rome Mr. PIERCE. I have read it> and take that city, providing it were distinctly stipulated that he should Mr. HOUK. Then you have read it with Democratic spectacles. be "unrestrained in the sack." His consuming.ambition to possess Mr. PIERCE. I did read it with Democratic spectacles, which al- Rome, and a mercenary army composed of all the bandits of west ways read aright. ern Europe, led by a talented and unprincipled commander, ready Mr. HOUK. I am content to let the case speak for it.self. I read and willing, for plunder, to serve that ambition, were the conditions con it just the other day. fronting the Spanish prince, and he readily assented to the proposition. Mr. SPRINGER. Insert it in your speech and wecan read it in the It is possible to imagine a case growing out of the rivalry of political morning. parties for the possession of the Government in which peculiar and even Mr. HOUK. The report of the case has not yet gone intothe books; embarrassing conditions might arise. A great political party might be it is a newspaper report. I make no statement on this floor which I in desperate straits in its efforts to repossess itself of public power. Un have not authority for making. In the course of the opinion the court der those circumstances it might summon to its aid all those individuals quotes a number of authorities with approval and for the purpose of and corporations to which in former years it had granted special favors sustaining it in holding that a majority of a quorum must be present and which it had endowed with special privileges. It might inaugurate in order to make the action of the parliamentary body legal, its acts a" fat fryfog" process to raise the" sinews of war." Then might come valid. Among the authorities quoted and approved is thlS: "So if a forward these beneficiaries of special privilege from all parts of the conn. board of village trustees consists of five members, and all or four are try and enter into a contract with the chairman of the national committee present, two can do no valid act.'' to capture the Presidency and place the party in possession of the Govern · Why? Because two is not a majority of the quorum present. But, ment, with the distinct stipulation that for a term of years they were says the same authority, "If three only were present they would con to be absolutely unrestrained in the collection of tribute from the peo stitute a quorum. Then the votes of two, being a majority of the quo ple and the plunder of the public Treasury. rum, would be valid. Certainly so, where the three are all competent to Suppose that they had performed their part of the contract and were act." (2Dill. Mun. Corp., section 217.) If this means anything, it is clamorous for the redemption of the reciprocal obligation and ravenous that the true rule is that to constitute a valid act a quorum must be to enter on their promised estate, then, indeed~ would the leaders of present, and that t-0 make the act of the body valid a majority of the that party be confronted by conditions which might compel the adop quorum thus present must vote. And this is precis,ely in point here; tion of some such remarkable code ofrules as is here submitted for our a quorum has all thetime been present, and ''a majority of the quorum'~ ratification. Nothing but ajudgmenliofforeclosure and expiration of bas voted on every proposition. the "equity of redemption" could account for the deliberate d-esliruc The only possible way to avoid this law, as thus laid down by the tion of the elementary principles of parliamentary liberty so scrupu Democratic supreme court of Tei:messee, is for our Democratic friends lously obserYed by the lontz line of illustrious statesmen who have oc who have all along been present here in their seats to insist that they cupied that chair and by the ten thousand members of the Honse who are not "competent to act." That may be what they have been try have come and gone in the legislative history of our Government. ing to prove by their conduct-that they are not competent to act ! Mr. Speaker, I am opposed to the proposed rule which authorizes. [Laughter.] the Speaker of this House to manufacture a quorum. That is a power You Democrats can only break up a quorum by establishing the fact which is not conferred by the Constitution, was never assumed by the that you are not "competent to act" as representatives of the people, men who made the Constitution, and never until now exercised by and you have come very near doing it. A little more of your nonsense any man under oath to support and defend the Constitution. I care will very clearly demonstraoo your incapacity. not if he be as wise as Solomon and as just as Aristides, it is a power Now, as my time is about out I want to say one other word. You which under our Government should never be lodged in any one man. gentlemen on the other side utter your warnin~ about the evils which He who covets such a power is unfit to wield it; he who is :fit to wield are to come from our adoption of these rules. ·why, sir, 99 out of every such a power would never accept it. The very constitution of human 100 of the plain people of this country feel in their very hearts and souls nature itself renders the exercise of such power inconsistent with the the common-sense, the honesty, and the justice of the ruling of Speaker rights of freemen. REED and of the provision incorporated in ·this code of rules by which It is not disputed that the Speaker of this House, on two distinct oc he is authorized to count a quorum and thus make it possible for us casions, deliberately inserted in his private diary the name of a mem to do the business for which we were sent here. ber as present in his seat and declining to vote, when, as a matter of fact, [Here the hammer fell.] in both cases the member was not only not in his seat, but was not in the Mr. HOUK. I only want to say-and I will say it so that the Speaker House; and in one instance the Speaker transferred that; private diary will not hear me [laughter]-that the ruling of Speaker REED, show to the Journal of the House and, on the following day, by his assumed ing as it did 11is brain, his courage) and his backbone, has inspired en prerogative of manufacturing a quorum, approved that Journal. Yet thusiasm in the Republican party everywhere, which will keep on the Constitution provides that the House shall keep a Journal of its until it sends you into another Waterloo when we getat you again. [Ap proceedings; that Journal "imports verity," is unimpeachable by any plause on the Republican side.] Yes, sir; the action of the Speaker, human testimony, is conclusive and exclusive evidence as to the pro and tbe cheerful support which be has received at the hands of his ceedings of the House in every court in the land. The court which party on this floor, has lit up the Republican camp-fires in every part should now be called upon to enforce this old and inflexible rule of evi of the country. It has aroused the people and recalled to mind the dence would be confrontedat the outset with thefactth~t, as a matter earlier days of the party, when it was led by giants, guided by a wise of truth, the Journal no longer "imports verity," that its integrity is s~tesmansbip, and marched on t-0 victory and glorious achievements. discounted, that doubt lurks in every page, and that at best we have [Applause on the floor and in the galleries.] left but a mutilated substitute for the constitutional Journal provided Mr. Mcl\HLLIN obtained the floor and said: I yield ten minutes to for by the fathers. the gentleman from Indiana [Mr. SHIVELY]. Now, if our distinguished Speaker, with all bis attributes of infalli Mr. SHIVELY. Mr. Speaker, I believe that it will be generally ad bility, fell into the error just cited and did that unintentional injustice mitted that the gentleman who just resumed his seat [Mr. HoUK] to two members of this House, what may we not expect on the fulfill presented the case of the majority report in the most prudent, logicalJ ment of the prophecy of Mr. Conger, of Michigan, in the Forty-Sixth sober, and dispassionate manner thus far observed by that side of the Congress, when the chair is to be occupied by Shakespeare's "scurvy, House. [Laughter.] glass-eyed politician, who seems to see the things he does not?" What The gentleman from Illinois [Mr. CANNON], who initiated this dis may we not expect when, by some accident of politics, that chair may cussion, quite frequently referred to or hinted at alleged conditions be occupied by some lucky parliamentary buffoon, or mere gaveled which he insisted formed a justification or at least an excuse for the dervish, Oi' by a man incapacitated by nature and education for acting report submitted by the majority of the Committee ou Rules. I list as a just and impartial umpire between man and man in the struggle ened with much attention and interest for an enumeration of those of parliamentary life on this floor? If such a one should succeed t.o peculiar conditions which could justify this violent and extraordinary that exalted position of trust and honor-and the.possibilities are not departure from the ancient and accepted usages of this body. The re growing fewer as the days go by-how convenient it would be for hiDl cent as well as the more remote parliamentary history of this country to turn t-0 the Journal of the present House, with its alleged "sta«r is searched in vain for an instance in which an absolute injury has been men ts of the fact," and "quote it for precedent," when, "by tpe sam.a done the American people by an occasional resort to parliamentary mo example," errors many "may rush into the state." Such a Speak~r tions to arrest the progress of hasty and immature legislation, justified would act at least with a precedent, however doubtful and vicioui. by no affirmative expression of the public jud~ent. It is generally Everybody admits that many of the. rulings of the present occupant of admitted that the country is at peace with aff nations and with itself. the chair are not only without respectable precedent, but in direct ae;.:: All is quiet and serene to-night, except "on the Potomac." [Laugh :fiance of the concurrent opinion of the most illustrious men in theleg' ter.] Wherein then is conceuled the condition which at this late day islative and judicial history of the country. is to justify this innovation on the cusromary rules of procedure ob Again, Mr. Speaker, I am opposed ro the rule that clothes the Speak~r served in this House for over one hundred years? of this House with the right to explore the motives of individual mem• I admit, Mr. Speaker, that the situation easily suggests a hypothet- bers. To confer on him the power ~declare the ordinary motions of ··"':e. ~ ... y ' ;:, . -...-_ 1262' CONGRESSIONAL RECORD--HOUSE. FEBRUARY 12, deliberative bodies to be dilatory is to substitute bis discretion, bis judg such a power would place the Honse ''on a volcano.'' Garfield and ment, and bis will for the conscience, the judgment, and the will of the HAWLEY and Conger and the present Speaker of this House, when in individual members of the Honse. He not only is to decide, at his the Forty-sixth Congress, denounced the proposition that the Chair pleasure, that a motion, though made by the member in the utmost should "see" a quorum. The present occupant of the chair then de good faith, is dilatory, and refuse to entertain it, bat is, at his pleasure, nounced the proposition not only as vicious in parliamentary policy, but at a certain stage, to refuse to entertain an appeal from that decision. clearly unconstitutional, and in that view he was sustained by an over The right of the meanest criminal in the land to appeal from a partial, whelming majority on both sides of the House. What was then de prejudiced, or unjust judge to a jury of his peers is by this remarkable nounced as vicious is now eulogized as virtuous. What was then pro code denied to the representatives of the people on this floor. What nounced clearly unconstitutional by our present Speaker is now held is the o>erpowering exigency that requires that the members of i.he by bim to be clearly constitutional. What was then characterized by House must abdicate their indindual rights and consciences to magnify him as a ">a.luable privilege" is now stigmatized as a "·dcious prac the influence and multiply the power of the Speaker, the agent of the tice." What was then denounced as unwise, reactionary, and revoln House? The gentleman from Ohio [Mr. BuTTERWORTH], in his in tionary is now applauded as wise, parliamentary, and legal. genious defense of the rulings of the Chair, declared that antiquity is Indeed, sir, bow irresistible must be the influence about this Capitol characteristic of many things wrong in themselves. True, antiquity that can work such a complete change of opinio·n and such inexpli presents us with the spectacle of one man, on whom capricious fate fixed cable inconsistencies in human conduct. But the public can hardly be a crown, reaching out with one hand and gathering to himself the sub deceived as to the secret power at work. The creatures of Government stance of the people and with the other dividing bis ill-gotten rev favor demand, among other things, that the time for the payment of enues among the favorites of his court. This is the kind of antiquity the debt due the Gornrnment from the Pa{!ific railroads shall be ex that characterizes this code. ·we are here contending for the antiquity tended seventy years, the confirmation to the subsidized railroads o.t of liberty as against the antiquity of autocracy and despotism. the title to their unearned land grants, additional legislation for fa. It might be well to remember that the Forty-seventh Congress had vored banks, the refunding and perpetuation of the national debt for sev an experience similar to the present in nature, though not in extent. eral generations, and these things can be accomplished only by Congress The Speaker then arrogated to himself the right to determine that cer stealing a march on public opinion. tain motions were dilatory, to rule them out of order, and to apply the The American people are to be chained still more securely to the gag law. It was then argued, as now, that" action, not non·action," chariot wheels of monopoly, and the old rules must be thrust aside as is the function of the House. It was then asserted, as now, by the hampering and impeding thatproce.'3s. Under the old rules, parliament leaders of the majority that "we are here to do the public business." ary motions seldom, if ever, embarrassed good legislation; in many dis They did ''do the public business," and the time came when not only tinct instances they arrested doubtful legislation, and they certainly that business, but also the methods of its transaction, were submitted never facilitated the progress of bad legislation. To correct this tend to the crucial test of the public judgment. The verdict was returned, ency and effect is the patriotic and philanthropic purpose of the pro and, as you all know, the party that resorted to reactionary and un posed code! usual methods was buried under a majority 75 deep on this floor. The The rage of contending interests for priority at the public Treasury is verdict of the people at the polls on that "to-do-business" House on. The clamor of the lobby rings out high abo>e the voice of the peo left the wake of the Forty-seventh Congress strewn with a, choice selec ple. Ninety-nine out 9f e>ery hundred pledges so lavishly made to the tion of political skeletons which even at this hour are bleaching under soldier turn to ashes, while the gigantic combinations of steam-ship the uncooled wrath of public opinion. There is not a newspaper in all and other subsidy bandits storm this House and train their artillery the land nor a public man with any reputation to lose who bas bad on the exchequer of the Government. The subsidy and the fictitious the temerity to attempt to draw the conspicuous leaders in that assault claim offer large percentages, while the honest claim must wait tardy on the ordinary and, to that time, unquestioned usages of the House recognition of its merit. The beneficiaries of prinlege sentinel the from the obscurity to which they were relegated by their lust of power Capitol of the nation; the farmer and Jaborer, to whom so much was and rage" to do business." [Applause on the Democratic side.] promised in the last campaign, are forgotten, and·nothingis to flourish A significant feature of the proposed code, :Mr. Speaker, is the fact but the industry of raising and consuming taxes. that it almost obli1erates the representative character of individual In conclusion, Mr. Speaker, this occasion will stand memorable in members of the House. Thememberist-0nolonger introduce a bill in the parliamentary history of the country. Even the occupant of the the House; he carries it to the Speaker. The member is to no longer, chair aclmits in his report that some of the provisions in this code are on the authority of a committee, report a bill to the Hon~e; be is to "extraordinary," while we all know that they are radical and revolu carry his report to the Speaker. The Speaker i~ to refer his bill to such tionary. The authority of great names is disregarded. The precedents commiti;{'e as be sees fit, and the Speaker is to send bis report to such of a century are trampled under foot. The purse-strings of the nation Calendar as he sees .fit. The Speaker is to rule motions out of order, arc flung to the wind. The way is blazed, broad and plain and direct, as dilatory, when he chooses so to do. If, ou the passage of a bill, the for the lobby into the public Treasury. That there are gentlemen on roll-call fails to disclose the presence of a quorum the Speaker is to the other side of the House who are doubtful of the propriety of many ma')ufacture a quorum and inject his "statement of fact" into the of the innovations in these rules and have misgivings as to their effects, Journal of the House. If a member disputes the verity of the Journal there can be no question. and theroll-call, onitsapproval, disclo~esnoquorumpresent, theSpeaker But no speech on either side of the House will change a sing1e vote. again manufactures a quorum and approves the Journal. The word has been spoken. The decree has gone forth. The power .Again, at every point in these rules the individual member is o>er that could suggest such a code of rules will find means for enforcing shadowed and dominated by the committees. There is established an its adoption. Recognition and subserviency go band in band. Things nlliance, offensive and defensive, between the Speaker and the chair may grow worse before they grow betrer. At all e>en ts we are soon to meu of the committees. The individuality of tbe member is utterly see evidenced how comparativel:--- shor~ is the time which may elapse submerged. By this code all of the members on one side of the House between the birth and the maturity of folly. [Applause on the Dem· and two-thirds of those on the other side are disfranchised in a meas ccratic side.] ure of their legal representative character and capacity, and their con JI.Ir. Mc.MILLIN. I yield five minutes of my time to the gentleman stituents, of course, lose representation in the same proportion. Human from Illinois [Mr. WIKE]. ingenuity seems to ha>e been exhausted in devising a scheme to lodge Mr. WIKE. 1\Ir. Speaker, the minority of this House is not permit in the Speaker, absolutely and completely, the fate of legislation. ted, even before rules are adop~ed, to cliscuss questions on the floor with The contention that this code is desi~ed to enable the majority to con any reasonable deliberation, and only as a matter of grndginir grace is it trol the public bnsin~s is without foundation. The majority should permitted to be heard at all; but when these proposed rules are adopted control the public business within its legal limits, and it can do so now. there will be an end, substantially and practically, to the Jast vestige of This oode is expressly int~nded to enable the minority, howenir small, the rights of the minority, and their only office will be to be counted by with the assistance of the Speaker, to rush measures through the House. the Speaker, rrs a matter of convenience, to facilitate the accomplish The old constitutional rule which compels the party which insists on ment of bis own arbitrary will and that of his partisan associates. controlling the public business to have its majority in the House is While I should like to discuss these proposed changes in the custom stricken down. A new role is submitted fa its place, under which ary rules at length, I am compelled to de>ote the short time allowed a mere minority of 3, or even 1, as _admitted by gentlemen on the me to the presentation merely of a protest against the arbitrary usur other side, could, with the assistance of the Chair, carry bills through pations oi the majority of this House in practically denying any rights this House taking millions of dollars out of the public Treasury. In whatever to the minority; the few incidental privileges mentioned as brief, to provide that a minority of the Representatives elected by the accorded to individual Representatives of constituencies upon this floor people may control the public business is the very purpose and essence not rising to the dignity of decent recognition-·they being sheer and of the proposed code, and all the hysterical protestations of gentlemen souJless mockeries. It may be said, and has been said that it is a waste to the contrary have not changed the fact. of time to discuss these rules when their adoption has been predeter It may not be amiss to recall the fact, Ur. Speaker, that some of the mined by a Republi~n caucus; but there are rights and principles in qbno:xious features in the proposed code were fully discussed in former volved here that are far more important to the American people and Re· Congresses. Mr. Blaine, when Speaker of the House, repudiated the public than the paltry time consumed in this debate, and even though proposition that the Speaker should count a quorum, as conducive to it were to continue throu~hout this entire term of Congress. fraud and scandal, and predicted that the recognition and exercise of We are accorded three days for general debate on the rules, but the - -·t 1890. CONGRESSIONAL RECORD-HOUSE. 1263 Democratic majority of the Honse in the Forty-sixth Congress allowed The majority of the House have made a most fatal blunder in r~ seven weeks of discussion on the question of the adoption of rules for sorting to this miserable business. They have reversed the order of its government, and the British House of Commons allowed ten months progress that civilization has taken, and whirh it has carried into many, for the consideration of a proposed change in its rules not nearly so if not most, of the constitutions of the several States, that a majority radical as here contemplated. This difference, however, in the treat of all the members-elect must appear affirmaiively Gn the record to ment of the subject in hand by the two Houses of Congress indicated, pass legislation-and which is also a fair construction of that provision is not greater than the divergence between the haughty, proscriptive of the Constitution of the United States which provides that a "major intolerance shown by the Republican leaders toward their political op ity of each (Honse) shall constitute a quorum to do business." ponents, as well as to the rights, wishes, and interest of the masses of The people will not tolerate the adoption by the National Legislature the people, whether of the majority or minority, and the characteristic of that dangerous doctrine of the lobby that a. minority may pass laws jealousy with which the Democratic party watches and guards the con to loot the Treasury, to debauch election3, to subsidize commerce as stitutional rights and liberties of the people against the insidious en well as manufactures, to encourage trusts and build up monopolies, to croachments of power. The restraints the people want are those against rob the poor for the benefit of the rich, or, in fact, for any other vicious the looting 0f their Treasury and the robbery of the people, and not purpose, by putting into practice the absurd and monstrous theory that those that deprive them or their Representatives of their long-cherished the passive presence of a powerless opposition can give validity or vital constitutional rights upon this floor. ity to such unwarrantable proceedings. It has taken these proposed rules to convince me that rulescan be so The proposed rules are also an adjunct in a scheme for the disfran ba ·" .. 'w.··-._ .• ~ .. ·... ;; ,,.. _,. - ~·-· . ~·. -~~ ... J ., 1264 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, for the purpose of passing partisan and sectional measures. Without And Mr. Blaine, the then Speaker, said: such rule:3, perhaps, that legislation could not pass here at all. If the The Chair never heard of that being done. He begs to remind the Ilouse, ru1es which have obtained in this House for a. hundred years were to whereas that might and doublless would be true that there is a quorum in the obtain during this Congress, then 166 members would have to vote af Hall, the very principle enunciated by the gentleman from Indiana. has been the foundation probably for the greatest legislative frauds ever committed. firmatively before any one of those measures could pass. Suppose 84 * .. "' * • * * are on the side of the majority and 82. on the side of the minority, those Where a quorum, in the judgment of the Chair, has been declared to he pres 84 members, by the Speaker mutilating the Journal and inserting the ent in the House against the result of a roll-call, these proceedings in tbe dif ferent Legislatures have brought scandal on their name. names of those refusing to vote, can pass any measure, no matter • * * • * * * whet.her the 82 members vote or do not vote. [Applause on the Dem The moment you clothe your Speaker with po.wer to go behind your roll-call ocratic side.] and assume that there is a quorum in the hall, why, gentlemen, you stand on Class legislation in favor of the rich has done more to rob the people the very brink of a volcano. of this country tha.n anything else in existence. 1\Ir. Speaker, when On the 28th of January, 1880, in this House, Mr. Garfield said: we contemplate the fact that New York bas 34 Yoices in this House, Now, I ask you, who is to control the seeing of the distinguished Speaker of the House? How do we know but that he may see forty members more for his Pennsylvania has 28, and the New England States 26, making 88 in own purpo;ies than there are in the House? all, we are bound to know, if these rules are adopted, that these States, * * * * * * * · ht · b ld b · d th h th· Before anything can pass we can baye the yeas and nays taken and the n:i.mes e1g 1::1 num er, cou com me an pass any measure roug IS of those voting recorded. Aside from the insuperable objections that I ha~e House, and the other thirty-four States could not prevent it, prO'i;ided raised to this proposition ae a thing that. ought not to be tried because of its but 82 Representatives opposing were upon this floor. What I am in vagueness, its uncertainty, and the dangers that members of the House may be favor of is to force the majority t-0 bring its quorum, 166 members, in imposed upon by an unscrupulous Speaker that may come hereafter-I say that, here, to bring these Representatives in from all the various parts of the aside fr?m all tllat* nnd beyo;i-d that, 1 ~k membe!·s to consi,!1er one fa~t. Union, and when they take their seats upon that side let them carry This has been a House of R~presentatives since 1789. This hns been the thea their sectional and partisan measures through by a majority of the mem- ter of all sorts of political storms and tempests. We have lived through the times of- great wars, of a great civil war, whes there were excitements hardly bers of this House, if they have the temerity to do so, and then let them paralleled iu the history of parliamentary annals; yet during all these years no go home and answer to their 166 constituencies for their high-handed man before, so far as I know, no party before, bas ever thought it necessary to and unprecedented conduct. introduce a rule that gives the power of declaring the presence of members by the single voice of one person, a power tbat will enable him to bring from hla But, sir, I repeat, aside from the bitter partisan character of these sickbed a dying man and put him down in the hall so that the Speaker shiill rules, they will multiply the ability of people urging class legislation count him and ma.ke his presence, against his will and perhaps ln his delirium, d I t to th e has b 1 d t h · · count in order to make a quornm, so that some partisan measure may be car- b Y t WO. A n ven ure say er een area Y oomuc vicious ried out over the body of that dying man. Sir, the moment you get over the class legislation in this country. It is a very sad commentary upon line, the moment you cross the boundary of names, the moment you leap over the judgment of onr members of Congress that so much should have the iron fence of the roll, tbat mom~nt you are out in the vague, and all so1·ts of been done for the corporations and monopolies of this land in the past di!;'orders may come in. twenty-five years. I shall never lend my sanction, Mr. Speaker, to any- At the same time Mr. Conger. of .Michigan, said: But, sir while the Constitution declares what shall constitute a. quorum to do thing that will put into the hands of one-fourth the members of this 1 House power that would result injuriously, in my judgment, to the con- business m this House, this rule declares that when there shall be ascertained . 1 · hts d r els f th 1 h h d d ti by one man a quorum prPsent, a rule shall do the business of the House, a rule s titu t10na ng an saiegnar O e peop e W 0 a repose con - shall legislate, a. rule shall determine the ,·oice and wish of the Reprel!entaiives dence in me. of the people; so that on the passage of a bill, although there maybe but 15 Now, I did not intend to say a word upon this subject, but as silence Yoting m the affirmative and5 in the negative, yet by virtue of this rule, if there is often construed to mea.n consent, I propose on this question to raise be a majority present, by compulsion or oLherwise, the bill shall be declared passed on the vote pro an ' .. 1890. CONGRESSIONAL RECORD-HOUSE. 1265 it remain where the Constitution placed it, in the Representatives of hand swore to support, we see him day after day violate, in the face of the people in this House, the power to shape the legislation for 65, 000, 000 that provision, the Constitution, which says: of people. The yeas and nays of the members of eiLher House on any question shall, at the It was with prophetic vision that Mr. Madison, looking far out into desire of one-fifth of those present, be entered on the Journal. the vista. of the future, saw the ruling of the present Speaker, that What Journal? The Journal of Speaker REED or the Journal of this :::a.used him to say in the Virginia convention in 1788: House, made such by the provisions of the Federal Constitution, giv Turbulence, violence, and the abuse of power by the majority trampling on ing to one-fifth of the members present the imperative right to have the rights of the minority have produced factions and commotions w~ich in republics have, more frequently than any other cause, produced despotISm. the yeas and nays ''on any question'' entered upon the Journal of the The framers of the Federal Constitution, considering this warning of House-not upon the Journal of the Speaker, for under the Constitu .Mr. Madison, say in that document: tion he has no Journal. Each House shall be the judge of the election, returns, and qualifications of Sir, under these provisions of the Constitution Mr. REED has no more its own members, and a majority of each House shall constitute a quorum to do right to have the name of a member not voting entered upon the Jour business; but a smaller number may adjourn from day to day, and be authorized nal than has any other member on this floor. We are his peers, under to compel the attendance of absent mem~rs. the Constitution, and the fact that a turn of the wheel of political fort Upon this question that has been presented of the right of the Speaker une placed him in the chair makes him nothing else, as he a.ccidentally to count the members present and refusing to give their vdices one way and trnthfully said the other day, but" the organ of the House," to carry or the other Judge Cooley says-and he was construing and comment out its directions within the law and within the provisions of the Con ing upon these provisions of the Federal Constitution: stitution ; and may the Lord and the peopie (and I believe they will) U is also provided in some of the States that on the final passage of every bill in the future deliver us from this "organ." the yeas and nays sha.11 be entered on the journal. Such a provision is de Again and again havewe seen the Speaker refuse to recognize mem signed to serve an important purpo3e in compelling each member present to assume as well as to feel, his share of responsibility in legislation, and also in bers of ibis side; refuse to put motions of members; refuse to entertain furnishmg1 conclusive evidence as to whether the bill has been passed by the appeals from his arbitrary rulings, although the Constitution guaranties requisite majority or n ..,. . • ·> • .-;•_; "~ J r ..i,. - , _. ( ~ ... ,.., "; .. • 1266 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 12, to their names. There can be no record like the call of the yeas and nays, and partisan. I have no fear that the fair-minded men of this House on either side from tllat there is no appeal. The moillent you clothe your Speaker with power will adopt so violent and partisan a measure. • "' "' to go hehinu your roll-call and assume that there is o. quorum in the Hall, why, l\Ir. HAWLEY. They have the roll called when there is a call of the House, geut , men, you stand on the very brink of a •olcano. somewhat as we do; but in tho case of ordinary divisions they go out, the ayes at one door and the noes at another, and they are counted as they come in Mr. Speaker, in the Forty-sixth Congress, which was Democratic, again. · this same question was presented. The House was considering a pro Now, yie evil, ifthere be one, in the existing system, that of which gentle posed code of rules, when Mr. Tucker, of Virginia, iutrodnced the fol men complain, is simply this, that we of tre miuority claim a right, by sitting silent, to prevent less than a majority of the members elected from passi11~ a lowing as an amendment to the code under consideration: bill. The worst that can be done by a factious minority, if tllat be the term ap 2. "'henever a. quorum fails to vote on any question, and objection is made plied to it, is to fight until the actual majority of the members elected shall pass for that cam1e, there shall be a. call of the House, and the yess and nays on the the bill. When they are present that friendly majority constitute a quorum of pending question shall at the same time be ordered. The Clerk shall call the themselves; they do not require the assistance of the minority; they run tho roll and each member, as he answers to his name or is brought in under the House themselves and pass their bills. In case of what you call factious resist preceding call of the House, shall vote upon the pending question. If those ance we drive them only to that. voting on the question and those present and declining to vote shall constitute The modern State constitutions are all tending in that direction. I have not a mnjority of the House, the Speaker shall declare tha.t a quorum is constituted, looked at them with this in view, but I know from a casual inquiry of gentle and the pending question shall be decided as the majority of those voting shall men near me that the new constitutions of California, l\1innesota, and Pennsyl appear. * " " vania require that a bill shall not be regarded as passed unless an actual major .Mr. GARFIELD. Mr. Chairman, I regret very much that this proposition is of ity of the members elected shall vote for it. * "' * fered as a part of a body of rules that we have all with g!'eat unanimity ex l\Ir. REED. l\Ir. Chairman if it were my purpose to reply to tbe gentleman pressed our desire to see enacted into formal rules of the House. I should have who has just taken his seat ll\Ir. Phister], it seems to me that it would be n suit grea.tly preferred that the Committee of the Whole, following the example of able and proper reply to say to him that the constitutional idea of a quorum is the Committee on Rules, would have left out controverted and certainly partisan not the presence of a majori~y of the members of the House, but a majority of questions from any part of this codification. It was in deference to that spirit the members present and participating in 1he business of the !louse. It is not that precisely this amendment was not pressed even to a vote in the Committee the visible presence of members, but their judgments and their votes, that tho on Hules when we had the subject w1der consideration, although there were Constitution calls for. mcm hers of the committee who desired just such a rule as this. I call a.ttention to tlle first phase of the question, and 11.sk my friend from Vir Now, what is the practical upshot of the present practice? !tis thutthe mem ginia. without a.ny regard to its partisan bearing, to see iuto what a strange and bers of the minority of this House upon great occasions demand that every bill vague condition this House would be left [led] if this were adopted. 'Vhenever which is passed shall receive the absolute vote of a majority of the members the question arises whether there is a quorum 01· not present, it is to be deter elected. They do this in the face and eyes of the country. If they demand upon mined according to what he calls "ocular demonstration." · nny frivolous occasion that there shall be such an extraordinary vote as that, The Chain.nan of the Committee of the Whole or the Speaker of the House ia they do it subject to the censure of the people of this land. This practice ha.s to see with bis own eyes that there is a quorum present. hitherto kept this House in proper condition upon this subject, so that there \Vho is to control his seeing? How do we know but that be may see forty has been no improper impeding of the public business. members more for his own purposes than there are in the House? And what It. is a 'i'aluable privilege for the country that the minority fihall have the right protection have gentlemen if the Speaker says he sees a. quorum if he can not by this extraordinary mode of proceeding to call the attention of the country convert that seeing into a list of names on the call of the roll by the Clerk? I to measures which a party in a moment of madness and of party feeling is en think my friend from Virginia [Mr. Tucker] will see that he lets in the one-man deavoring to enforce upon the citizens of this hmd. And it works equally well power in a. far more dangerous way than ever occurred before in any legislative with regs.rd to all parties, for all parties have their times when they need to be assembly of which he and I have any knowledge. checked, so that they may receive the opinions of the pt:ople who are their !\Ir. TUCKER. I will ask my friend if the Spcnker does not count upon a ris constituents and who are inlere1 ' . ' _~,. :. -.~· ... ._ ~ ....1 ....1: ~ • ...... i;"I ... ·-··'· .. .. 1890. CONGRESSIONAL RECORD-HOUSE. 1267 has so frequently rold us has kept them abreast of the times? Nearly By ~fr. KENNEDY: A bill (H. R. 6842) granting an increase of pen every gentleman who has spoken on that side has said the purpose of sion to James W. Brown-t-0 the Committee on Invalid Pensions. the minority in this fight against the Speaker·s ruling and the proposed By 1\Ir. KINSEY: A bill (H. R. 6843) for the relief of Jacob Theby code of rules was an effort ro control legislation. Our only purpose is to the Committee on l\Iilitary Affairs. to preserve the rights guarantied us underth~Constitution. . . Also, a bill (H. R. 6844) for the relief of Samuel E. Sneed-to the The people in the Jast Congressional elect~on .elected ~ II?aJonty ~f Committee on Claims. Repuhlicaus to this House, gave you a constitutional maJOnty, ana lf By lllr. LESTEH., of Georgia: A bill (H. R. 6845) directing the is you desire to legislate for the country you should keep your own mem sue of n. duplicate of a lost check drawn by 0. U. Carter-to the bers present and not uphold the Speaker in his reckless assumption of Committee on Claims. power, taking from the minority rights, a part of the fundamental law By .Mr. UILLIKE~: A bill (H. R. 6846) granting a pension to Annie of the land. A. McDonald-to the Committee on Invalid Pensions. AF, you have upheld the Speaker in his "occult demonstration" so By Mr. MOH.GA....~ (by request): A bill (H. R. 6847) for the relief of far, I rove no doubt but that you will continue this "ocular" pe_r Calvin Cheairs-to the Committee on War Claims. formance, which will eliminate the Democrats from further share m Also (by reque5t), a bill (H. R. 6848) for the reliefof C. C. Farrar the legislation upon this floor, and we will be powerless ro serve the ro the Committee on War Claims. constituents we represent. By Ur. PEEL (by request): A bill (H. R. 6849) providing for the pay Mr. Speaker, the gentleman who but recently addressed the House mentofawardsmadeto Creek Indians who enlisted in the Federal.Army, [Mr. .MOORE, of New Hampshire] said: loyal refugees, and freedmen-to the Committee on Indian Affairs. When J.\.Ir. Blaine is ca.lled upon to make historic the events of the past week By Mr. PHELA.N: A bill (H. R. 6850) for the relief of L. F. Morat in this House, he will describe a scene something like this: to the Committee on War Claims. "In the ten th week of the first session of the Fifty-first Congress a very strange frenzy seized the Democratic side of the Chamber. 'Vhen the Speaker ruled By Mr. WHEELER, of Alabama: A bill (H. R. 6851) for the relief that members present but not voting should be counted _as~ pa~t of tbequorui;n of Arthur H. Keller-to the Committee on Appropriations. necessary to do business, 20 members on the Democratic side Jumped to. their By Mr. WILLIAMS, of Illinois: A bill (H. R 685'.3) for the relief of feet. Some o-esticul&ted wildly: some vociferattd loudly; some shook their fists at the Speaker; some denounced him as' czar,' •tyrant,' 'despot.' This frenzy North Storms-to the Committee on MilHary Affairs. lasted for three days, when, like the Russian influenza th~t prevailed :'-bo_ut that Also, a bill (H. R. 6853) for the relief of Allen Morris-to the Com time, it suddenly disappeared, and the House resumed its wonted d1gruty and mittee on Pensions. decorum." Also, a bill (H. R. 6854) for the relief of the heirs of George H. Var The gentleman is unfortunate in his selection of a historian to write nell-to the Committee on War Claims. the scenes of the past few days. The ''prophetic vision '' of the gen tleman from New Hampshire before the "call upon" :Mr. Blainesho1:ld have let his "green and fertile imagination " revert to the Forty-third PETITIOXS, ETC. Con~ess, an_d be would have found himself portrayed in strong and The following petitions and papers were laid on the Clerk's desk, forcible language. Mr. Blaine said such conduct as the gentleman an.d under the rule, and referred as follows: his collMgues ha>e been engaged in "has brought scandal on their I By Mr. ALLE~, of Michigan: Resolutions of the Michigan State names" and prod need "the greatest legislative frauds ever c?mo:itted." Grange relative to, first, free coinage of silver; second, national banks; The fathers bnilded wisely when they provided for the b1enmal elec- third, a law relative to live-stock inspection; and, fourth. a law to for iion of members to this House; for a reckless abuse of power, such bid aliens from acquirina real est.ate in this country-to the Commit as is nrn.rl.dng the course of the majority, will meet with a crushing re- tee on Banking and Cur~ency. buke in the el&..--tion this fall and in 1892. The people, with the great By Mr. ATKINSON: Protest of 7 citizens of Franklin County, Penn commoner, Grover Cleveland, as their leader, will teach the Repub- sylvania, against the Sunday-rest bill and the Blair educational bill- licans of this House that "a public office is a public trust." . . ro the Committee on the Judiciary. . Mr. McMILLIN. I yield whatever time I may have remammg to Ily _Ur. BROSIUS: Petition of T. S. Brubaker and 50 citizens of my friend from Kentucky [Mr. :MONTGOMERY]. l\Iillway, for pure lard-to the Committee on Agriculture. l\fr. MONTGOMERY. l\Ir. Speaker-- By Mr. BYNUM:: .Memorial of the Board of '.rrade of Indianapolis, The SPEAKER pro tempore. The gentleman from Tenne.ssee h::ts no in favor of the repeal of the interstate-commerce law-to the Commit- time remaining. · tee on Commerce. Mr. MONTGOUERY. I will extend my remarks in the RECORD. Also, petition of John J. Cooper and others, citizens of Indiana.polis, (Ur. JOSEPH D. TAYLOR withholds his remarks for revision. See in favor of locating the world's fair at Chicago-to the Select Commit- Appendix.] tee on the World's Fair. The SPEAKER pro tempore. By the ~rder of the House, general de- By Ur. CANNON: Petition of John Cheyne, to be relieved from the bate upon the pendin~ proposition is at an end. charge of desertion-to the Committee on .Military Affairs. Mr. J0.."3EPH D. TAYLOR. Mr. Speaker, I move that the House By Mr. CAHEY: A memorial of the Eleventh Legislative Ai::sembly do now adjourn. of Wyoming, praying for the admission of Wyoming as a State--to the The motion was agreed to; and the House accordingly (at 10 o'clock Committee on the Territories. and .JO minutes p. m.) adjourned. By l\Ir. CARTER: A memoria.l of the stock commissioners of the State of l\Iontana, praying for the levy of duty on imported bides-ro the Committee on Ways and .Means. By Mr. CARUTH: Papers to accompany H. R. 1322, for the relief of PRIVATE BILLS, ETC. D. c. Buford-to the Committee on War Claims. Under the rule, private bills of the following titles were introduced Also, papers to accompany H. R. 6676, granting a pension ro John J. and referred as indicated below: Tully-to the Committee on Pensions. By l\ir. BELKNAP: A bill (H. R. 6831) for the relief of Norman Also, papers to accompany H. R. 1295, granting an increase of pension Cleveland-to the Committee on Invalid Pensiom1. to :Uargaret J. Lovell, aud H. R. 1293, granting a pension t-0 Annie Spiel- By Mr. CLUNIE: A bill (H. U. 6832) granting a pension to M. man-to the Committee on Invalid Pensions. Meier-to the Committee on Invalid Pensions. By l\Ir. CHIPMAN (by request): Petition of citizens of Ionia, Uich., By Mr. CUTCHEON: A bill (ll. R. 6833) to grant a pension ro John for a tax: on imported labor-to the Committee on Ways and l\Ieans. P. Yile-to the Committee on Invalid Pensions. By Mr. EDMUNDS: Petition of Arthur Gray and others, against By Mr. ELLIS: A bill (H. R. 6834) granting record of enrollment to duty upon tin-plate-;to the Committee on Ways and l\Ieans. Robert S. Hill-to the Committee on Military Affairs. By Mr. ELLIS: Petition of Robert 8. Hill, for record of enrollment- By !fr. EV.A.NS: A bill (H. R. 6835) for the relief of Howard Bon- to the Committee on Military Affairs. ner-to the Committee on Military Affairs. I By l\Ir. EVANS: Petition of heirs of John Cowart, that claim be re· By Mr. FITCH: A bill (H. R. 6836) granting a pension to John J. ferred to the Court of Claims-to the Committee on War Claims. Gilmartin-to the Committee on Invalid Pensions. By Mr. FITCH: Petition of Thies J. Leffens and others, relative to By Mr. GREENHALGE: A bill (H. R. 6837) for the relief of Mrs. a proposed commission for investigation of the alcoholic liqa or traffic- Jane l\IcQua.de-ro the Committee on ln'7alid Pensions. to the Select Committee on the Alcoholic Liquor Traffic. Also, a bill ( H. R. 6838) for the relief of Angus McVigor-ro the Com- By Ur. FITHIAN: Papers to accompany H. R. 6795, for the relief of mittee on Invalid Pensions. Edward Wesner-to the Committee on Invalid Pensions. By l\Ir. HEARD: A bill (H. R. 6839) for the relief of James R. Shep- By Mr. FUNSTON: Memorial of citizens of Lone Elm, Kans., against herd-to the Committee on Claims. legislation of a religious character-to the Committee on the Judiciary. By Mr. HEKDERSON, of Illinois: A bill (H. R. 6840) to grant a pen- Also, memorialsofWestPlainsLodgeand Lod.f!:e F. M. B. A., at Ossa- sion to Johanna Crane--to the Committee on Invalid Pensions. watomie, Kans., for legislation against monopolies and trusts-to the By Mr. HITT: Joint resolution (H. Res. U3) authorizing the heirs of Committee on Agrieulture. Rear-Admiral Charles H. Baldwin to receive a snuff-box from the Czar By Mr. HENDERSON, of Illinois: Petition of H. M. Segar and 122 of Hussia-to the Committee on Foreign Affairs. others, praying for special pension to Mrs. Johanna Crane, widow of By Mr. HOUK: A bill (H. R. 6841) granting a pension to Bridget James Crane-to the Committee on Invalid Pensions. McMahon-to the Committee on Pensions. By Mr. HITT: 1.Iemorial of the l\Ierchants' Exchange, St. Louis, for :<"". ":. 1268 CONGRESSIONAL RECORD-SENATE. FEBRUARY 13, the improvement of tbe Mississippi River-to the Committee on Levees l\Ir. MORRILL. I have been requested by my colleague [Mr. and Improvement of the Mississippi River. EDMUNDS], detained at his house by illness yesterday and to-day, to By l\Ir. KENNEDY: Memorial of John Birney Post, No. 293, Grand present the petition of R. G. Callum and 140 others, physkans, busi Army of the Republic, North Lewisburgh, Ohio, department of Ohio, ness men, etc., of Washiugton, D. C., praying for the establishment of asking for additional pension legislation-to the Committee on Invalid an inebriate asylum in the District of Columbia. I move that the peti- Pensions. tion be referred to the Committee on tbe District of Columbia. By l\1r. KINSEY: Petition of 45 citizens and old soldiers residing in The motion was agreed to. Reynolds County, l\lissouri, asking favorable pension legislation-to Mr. DOLPH presented a petition of the Board of Trade of Dalles the Committee on Invalid Pensions. City, Oreg0n, praying that an appropriation be made sufficient to com- By Mr. McCLELLAN: Petition of Thomas C. Green and 100 others, plete the improvement of the Columbia River at the Cascades; which asking for a pension for John S. Lozier-to the Committee on Invalid was referred to the Committee on Commerce. Pensions. Mr. CHANDLER. I present"the petition of Edmund S. Fay, mayor By Mr. MAISH: Papers in the case of Ch:i.rles W. Griesti for pen- and Samuel J. Gerrish, Isaac Fnrber, Daniel Marcy, Charles H. Downs' siou-to the Committee on Invalid Pensions. T. W. Priest, Daniel Casey, Arthur W. Walker, Horace W. Gray. and By Ur. .MILLS: Petitions of sundry citizens of Texas and other Daniel J. Ayers, aldermen of the city of Portsmouth, and Frank Jones Slates, praying Congress not to pass any law in regard to the observance E. H. Winchester, E. P. Kimball, C. A. Hazlett, Charles E. Batchel~ of Sunday, and not to pass any resolution for tile amendment of the. der, J. L. K. Frink, Willis G. Myers, Henry A. Yeaton, J. H. Hutch Constitution so as to give preference to religious principles in the in- inson, William H. Hackett, J. Albert Walker, and Aaron Young, citi struction in the public schools, and to preserve the separation of church zens of Portsmouth, N. H., who ask Congress to pnt the navy-yard and state-to the Committee on the Judiciary. near Portsmouth in a condition to build, equip, and repair iron ships of By l\Ir. O'DONNELL: Petition of 29 members of Tim Lewis Post, Iwar. . . Grand Army of the Republic, Dimondale, Mich., for pension legisla- The petitioi;iers state, as reasons for the action prayed for, the entire tion-to the Committee on Invalid Pensions. freedom from ice of the waters adjacent to the yard, even the docks being By Mr. O'NEILL, of Pennsylvania: :Memorial of the Board of Trade, I clear in the severest winter weather; that the current of the river makes Vessel-Owners' and Captains' Association, and the Maritime Exchange, the yard the best drained and most healthy of any station in the coun of Philadelphia, favoring the extension of the provisions of the act of try. They refer to the great depth of water, not only in the approach June 2, 1872, known as the "shipping commissioners' act," to cer- but at th~ wharves of the yard, where not one dollar was ever expended tain vessels engaged in the coastwise trade-to the Committee on Mer- or ever will be required for dredging. chant Marine and Fisheries. They cite its northern situation as rendering it as a sanitary port By l\fr. PARRETT: Petition of Gil R Storment and the other mem- tbe most economical and the best place to send ships whose officers and bers of the executive committee of the Indiana State Service-Pension men have been exposed to malaria or other sickness in tropical climates. Association, in favor of a service-pension law for all ~oldiers engaaed in They also state the fact that int.ellig;ent and skilled mechanics resi the late war of the rebellion-to the Committee on Invalid Pen~ons. dent in the immediate neighborhood are always to be found, while By Mr. PERKIN8: Petition of John Bowman and 153 others, col- there are ~o competing works which wonld induce or prolong; strikes ored residents of Oklahoma, Ind. T., asking an appropriation from of mec~3:mcs and laborers, as bas been the case on stations adjacent to Congress to supply them with seeds and with means of raising a crop la1·ge cities. They state that the Portsmouth yard has ample space during the coming season-to the Committee on Agriculture. for the construction of an iron-ship-building plant and facilities for By Mr. SHIVELY: Petition of P. G. Keeley and 50 others, citizens setting up ships in three large ship-hon~ and upon the dock r::i.il way. of Elkhart County, Indiana, asking that statisticsrela.tiveto farm mort- They also represent that the close connection with the coal and iron gages be taken and incorporated in the Eleventh Census-to the Select region of the country by means of established lines of railway can and Committee on tbe Eleventh Census. will deliver materials which enter into the construction of modem By Mr. STEWART, of Georgia: l\Iemorial of Central Ocmulgee Navi- ~hips of war so as to make na~al construction at this yard as cheap as gation Company, for the improvement of the Ocmulgee River-to the rn any of the yards of the Umted States. Committee on Rivers and Harbors. I move that the petition be referred to the Committee on Naval By Mr. VANDEVER: Petition of' Julius Orton, for pension-to the Affairs. Committee on Pensions. The motion was agreed to. Also, petition of citizens of San Diego County, California, for an act Mr. CHANDLER. pr~ented the petition of W. ~· .W:eat~erall ~nd 33 to refund excess of price pa.id by settlers on public lands embraced in others, legal voters i.n the county o~ Pontotoc, M1ssissippi, praymg for railroad grants on lines of roads never built-to the Committee on the the passage of a nat10nal law securrng a free ballot and an honest count Public Lands. in all elections of Representatives in Congress, and that, in addition, Also, memorial of the Mercbanta' Exchange of St. Louis, Mo., for such laws may be passed by Congress as it may have power to enact for speedy apprnpriations by Congress for improvement of the Mississippi the enforcerflent of the fift.eenth ame~d~ent to the Con~titution; which River-to the Committee on Levees and Improvement of the Mississippi was referred to the Committee on Pnvileges and Elections. River. Ur. StJUIRE presented a petition of the Chamber of Commerce of By Mr. WALKER, of l'tlissouri: Petition of George w. Kenrick, that Port Tow~e~d, Was.h:, praying that Cong:esg~appoint a commisson to his claim be referred to the Court of Claims-to the Committee on War select a smtaole pos1tum for a dry-dock rn I ort Townsend Harbor; Claims. which was referred to the Comm~t!ee o~ Commerce. Bv Mr. WICKHAM: Memorial of Rice Post, No. l4S, Graud Army l\Ir. HE.A.GA~ presented a pcbt10.n ~f the Board?f T~de of Eag~e of the Republic, department of Ohio, for the relief of John Fiolin-to ~ass, Tex.' praymg that an ~pproprrn.tion be made for a s~te for a mµ• the Committee on Invalid Pensions. ~tary p~st .at Eagle Pass; which was i·eferred to the Committee on Mll- 1tary Affairs. Mr. CASEY presented a petition of 3,100 citizens of North Dakota, prnying for the development of a system of irrigation; which was re ferred to the Select Committee on Irrigation and Reclamation of Arid SENATE. Lands. l\fr. INGALLS presented two petitions, numerously signed by citi THURSDAY, February 13, 1890. zens of Vicksburg, 1\liss., praying for the passage of the service-pension bill; which were referred to the Committee on Pensions. Prayer by the Ch:i.plain, Rev. J. G. BUTLER, D. D. He also presented two petitions, numerously signed by citizens of The Journal of yesterday's proceedings wa.s read and approved. Kansas, praying for such legislation as will prevent the selling of fut PETITIONS AND MEMORIALS. ures in agricultural products; which were referred t-0 the Committee on Finance. Mr. SHERMAN presented a petition of Ford Post, No. 14, depart Ur. HALE presented two petitions of the La Grange Butter-tub Com ment of Ohio, Grand Army of the Republic, of East Toledo, Ohio, pray pany, officially signed, praying that the Superintendent of the Census ing for the passage of the service-pension bill; which was referred to the be authorized and directed to collect statistics in relation to the elec Committee on Pensions. trical industry of the United States; which were referred to the Com He also presented a petition of the Ohio Woman Suffrage Association mittee on the Census. of Akron, Ohio, praying for the passage of thejoint resolution now pend ~Ir. VEST presented a petition of Liberty Union, No. 976, of Missouri, ing proyiding an amendment to the Constitution prohibiting the States praying for the passage oflaws prohibiting or taxing those who-, by selling from disfranchising citizens on account of sex; which was referred to their promises t-0 deliver manufactured or natural produce of American the Select Committee on Woman Suffrage. farms, thereby destroy the value of farm produce; which was referred 1.1r. WILSON, of Iowa, presented a memorial of the Cedar Creek to the Committee on Finance. monthly meeting of Friends, of Henry County, Iowa, remonstrating l\fr. BLAIR presented the memorial of James W. Cox and 36 others, against the passage of an act making an appropriation for the con citizens of Oakland, Cal., remonstrating against Sunday work in the struction of a navy; which was referred to the Committee on Naval Government mail and military service; which was referred to the Com· Affairs. mittee on Education and Labor.