1884. CONGRESSIONAL RECORD-HOUSE. 4477 bounties, &c.-to the Select Committee on the Payment of Pensions, Mr. HATCH, of Missouri. I ask for the reading of the statement Bounty, and Back Pay. under the rules. By Mr. HAMMOND: Papers relating to the claim of Stephen G. The Clerk read as follows: Dorsey-to the Committee on War Claims. To the House of Repre8entati:r;es: Also, petition of Stephen G. Dorsey, to have his claim referred to the The conferees appointed by the House on the disagreeing votes of the two Court of Claims-to the same committee. Houses on the amendments of the Senate t{) the bill of the House (H. R. 3967) entitled "An act for the establishment of a bureau of animal industry, to pre­ By Mr. HANCOCK: Memorial of Concho County Wool-Growers' Ai3- vent the exportation of diseased cattle, and to provide means for the suppres­ sociation-to the Committee on Ways and Means. sion and extirpation of pleuro-pneumonia and other contagious diseases among domestic animals," respectfully submit the following report: By Mr. IDTT: Remonstrance of G. A. Sarford and 16 others, bank­ The conferees on the part of the House are unanimous in recommending con­ ers and business men of Rockford, ill., against Government monopoly currence in the Senate amendments. of telegraph-to the Committee on the Post-Office and Post-Roads. .Amendment No.1, which is to strike out" number, value, and," in line 7 of section 1, will not, in the opinion of your confereest impair the efficiency or value By Mr. HOPKINS: Petition of 500 citizens, in favor of a law to pro­ of the work contemplated by this section, as reliable statistical information upon hibit the importation of labor under contract-to the Committee on these subjects from various sources are now collected, tabulated, and published Labor. by another bureau of the Department of Agriculture, and will be contmued. Amendments numbered 2 and 3 to section 2 are simply explanatory and in­ Also, two petitions from mechanics and builders of the Dis~ct of tensive in their character, and are unobjectionable. Columbia, in .favor of an amendment to the mechanics' lien law-to the Amendments numbered 4,5, 6J 7, and 8 are to be coll.Sidered together, as they Committee on the District of Columbia. relate to one subject-matter of tne bill. The amendments limit the jurisdiction of the Commiesioner of Agriculture to By Mr. KEIFER: Petition of Charles H. Parker and 21 others, citi­ such "investigations and to such disinfection and quarantine measures as zens of Beloit, Wis., praying for the passage of a. bill to organize the may be necessary to prevent th~ spread of dangerous, contagious, infectious, Patent Office into a separate and independent Department-to the Com­ and communicable diseases from one State or Territory into another;" and prohibit him from applying any portion of the money appropriated by this act mittee on Patents. toward paying any part of the value of animals it is deemed necessary to By Mr. KELLEY: Petition of citizens of Pulaski, Pa., in favor of slaughter to extirpate the diseuse, leaving this responsibility to the States re­ extending the privilege of voting irrespective of sex-to the Committee spectively, or to the individual owners, and confining the efforts of the Federal on the Judiciary. authority solely to preventing the spread of such diseases from one State or Territory into another. By Mr. LACEY: Petition of Post No. 125, Grand Army of the Repub­ Section 3, a.s it passed the House, provided "that one-half the expense of the lic, Hastings, Mich., infavorofthepassageofH. R. 6463, giving a pension valuation of the animals it is deemed necessary to slaughter, and one-half the cost of disinfection and necessary police regulations in the quarantine and care to each Union soldier and sailor who served sixty days in the war of of infected herds of cattle, should be borne by the authorities of the State or therehellion-to the Select Committee on Payment of Pensions, Bounty, Territory in which the disease existed, and the expenditure was made. and Back Pay. The section as amended defines the jurisdiction of the States and the Federal By Mr. LOVERING: Memorial of Persis M. Thompson, of Chelsea, Government respectively, leavin~ each to provide for the payment of such ex­ penses as may be incurred by thet.r respective officials in dealing with such dis- Mass., charging the United States district attorney and United States eases. commissioner for the district of New Hampshire with misconduct in Your conferees, after mature consideration of these amendments, recommend an concurrence therein, believing that they will not seriously, if at all, impair the the suppression of evidence, &c., and praying for investigation-to efficiency and completeness of the work contemplated by the organization of a the Committee on Expenditures in the Department of Justice. national bureau of animal industry, and the labor of assisting tbe States in By Mr. McCOMAS: Petitionofthepresidentandfacultyofthe Ohio extirpating the diseases described. Experience will enable Congress, from time State University, for an.appropriation for Indian schools-to the Com­ to time, to enact such addition&! legislation as may be deemed beneficial and necessary. mittee on Appropriations. Section 6 of the act as it passed the House prohibited the transportation by By Mr. MORSE: Petition of Thomas Drew, jr., and 28 others, em­ any mode of animals affected with contagious, infectious, or communicable ployes, and ofT. A. Lewis and 28 others, employes, of the Boston post­ diseases, and provided penalties for its violation. The Senate amended this section so as to provide that splenetic or Texas fever shall not be considered a office, praying for a readjustment of the salaries and classification of contagious, infectious, or communicable disease within the meaning of this act, clerks in all the first-class post-offices-to the Committee on the Post­ as to cattle being transported by rail to market for slaughter, when the same are unloaded only to be fed and watered in lots on the way thereto. Office and Post-Roads. This proviso is not considered by your conferees as inimical to the original By Mr. NICHOLLS: Memorial of William Cantwell and others, em­ intent of the act, but in harmony with the interpretation put upon this section ployes of the post-office at Savannah, Ga., asking for an equalization by the members of the Committee on Agriculture, who reported and supported of salaries-to the same committee. the bill in the House, and, as we believe, so understood by the House. Amendment numbered 10, to section 10, reduces the appropriation from $250,000, By Mr. PETERS: Resolutions of Pollock Post, Grand Army of the to $150; 000. Republic, No. 42, Department of Kansas, favoring the granting of a In-v1ew of the amendments to section 3, which have been fully explained, pension to B. F. Brocket-to the Committee on Invalid Pensions. your conferees promptly agreed to and recommend concurrence in this amend­ ment. By Mr. W. E. ROBINSON: Petition of New York Stationers' Board Respectfully submitted. of Trade, in favor of the penny postage bill-to the Committee on the W.H.HATCH, Post-Office and Post-Roads. G. G. DffiRELL, JAMES WILSON, By Mr. W. F. ROGERS: Petitions of citizens of Buffalo, N. Y., for Conferee~~ on the part of the House. increasing the appropriations for the education of Indian children-to the Committee on Appropriations. :Mr. HATCH, of Missouri. I demand the previous question. By Mr. STOCKSLAGER: Petition of citizens of Jeffersonville and The"previous question was ordered; and under the operation thereof New Albany, Ind., for the improvement of the roadway between the the conference report was adopted. New Albany National Cemetery and the turnpike from the Jeffersonville Mr. HATCH, of Missouri, moved to reconsider the vote by which the depot of the Quartermaster's Department-to the Committee on Mili­ conference report was adopted; and also moved that the motion to .re­ tary Affairs. consider be laid on the table. The latter motion was agreed to. LEAVE OF ABSENCE. HOUSE OF REPRESENTATIVES. Mr. TALBOTT, by unanimous consent, was granted leave of absence from to-morrow until June 3. SATURDAY, May 24, 1884. MESSAGE FROM THE SENATE. The House met at 11 o'clock a. m. Prayer by the Chaplain, Rev. JOHNS. LINDSAY, D. D. A message from the Senate, by Mr. SYMPSON, one of its clerks, an­ The Journal of yesterday's proceedings was read and approved. nounced the passage of a bill (H. R. 1340) to establish and maintain a bureau of labor statistics with amendments, in which concurrence was BUREAU OF ANIMAL INDUSTRY. requested. Mr. HATCH, of Missouri. I rise to make a privileged report. I NAVAL BUSINESS. send up to the Clerk's desk the report of a committee of conference. M:r. COX, of New York. This day has been set apart for the con­ The Clerk read as follows: sideration ofthe businessofthe Naval Committee. Once beforeitwas The committee of conference on the disagreeing votes of the two Houses on postponed for the John Marshall ceremonies. I move to dispense with the amendments of the Senate to the bill (H. R. 3967) for the establishment of a bure~u of animal industry, to prevent the exportation of diseased cattle and to the morning hour. provtde mea!ls for ~he suppression and extirpation of pleuro-pneumo~ia and The SPEAKER. That requires a vote of two-thirds. other contagtous diseases among domestic animals, having met, after full and Mr. COX, of New York. I wish to get to the business of the Com­ r~~e&~~~e~~ot~~s~greed to recommend and do recommend to their respect- mittee on NaTal Affairs. That the House recede from its disagreement t{) the amendments of the Sen- Mr. COBB. I wish to get to the unfinished business, which is lhe ate numbered 1, 2, 3, 4, :>, 6, 7, 8, 9, and 10, and agree to the same. . Oregon Central bill. W. H. HATCH, G. G. DIBRELL, Mr. STOCKSLAGER. I rise to a parliamentary inquiry. JAMES WILSON, The SPEAKER. State it. Managers on the part of the House. Mr. STOCKSLAGER. Would it be in order to move that the Houge WARNER MILLER, resolve itself into the Committee of the Whole House on the state of P. B. PLUMB, JNO. S. WILLI.AltfS, the Union for the consideration of bills for the erection of public build­ Managers on the pa·rt of the Senare. ings under the special order? ,

4478 CONGRESSIONAL RECORD-HOUSE. MAY 24,

The SPEAKER. Not during the motion to dispense with the morn­ special order be proceeded with to-day without interruption with the ing hour. hope that the Naval Committee will get through with its business and The morning hour was dispensed with (two-thirds votiog in favor will afterward assist us in getting up the unfinished business and con­ thereof). clude it. Mr. COX, of New York. I call for the regular order. The SPEAKER. The question is on ordering the previous question The SPEAKER. The Chair will cause the order of the House to be on the third reading of the Senate joint resolution. read. Mr. ROBINSON, of New York. Is this not open to debate? The Clerk read as follows: The SPEAKER. The previous question has been demanded. Resolfltd, That the session of Saturday, 1\Ia.y 24, after the morning hour, be de­ Mr. ROBINSON, of New York. I trust it will not be ordered, as I vot-ed to the consideration of bills and resolutions reportedfrom the Committee want to discuss this question for a few moments. on Naval Affairs, and bills and resolutions on the Speaker's table over which said committee has jurisdiction, except bills providing for the construction of The previous question was ordered; and under the operation thereof additional war vessels; the bills and resolutions to be considered in the order the joint resolution was read the third time. agreed upon by the committee. Mr. COX, of New York. I demand the previous question upon the MI. STEELE. I wish to ask unanimous consent to take from the passage of the resolution. Speaker's table the bill H. R. 355, returned from the Senate with an The previous question was ordered. amendment. Mr. ROBINSON, of New York. Before the announcement is made The SPEAKER The regular order is called for and insisted on. I wish to ask, as I did not hear the statement of the gentleman from Mr. COBB. I raise the question of consideration. I desire to take New York, whether, the previous question having been ordered on the up the Oregon Central bill. · third reading of the bill, fifteen minut~ on each side arc not allowed The SPEAKER. The question of consideration can not be raised under the rule for discussion? If so, I claim that privilege. against the order of the House itself; but the Chair has always decided The SPEAKER. The Chair will st.1.te to the gentleman from New the question of consideration can be raised against each particular bill York that the previous question has been ordered. The question now as it is taken up. If the House refuses to consider it, then it can be is, Shall the bill pass? Upon this question, by the rules of the Honse, passed over. after the previous question has been ordered thirty minutes are allowed Mr. KASSO~. That would waste half the day. for debate-fifteen minutes to those in su'pport of, and .fifteen minutes against the proposition. ENSIGN REYNOLDS. Mr. KEIFER. Has not thisjoint resolution been already debated? Mr. COX, of New York. I am directed by theCommitteeonNaval The SPEAKER. This is a Senate joint resolution. The gentleman Affairs to call up for action the joint resolution (S. 26) grruiting per­ from New York will be recognized for fifteen minutes in opposition to mission to Ensign L. K. Reynolds, United States Navy, to aecept the the bill. decoration of the Royal and Imperial Order of Francis Joseph from the Mr. ROBINSON, of New York. I wonder, Mr. Speaker; what it is Government of Austria. that prompts this pertinacity on the part of a leading committee of this Mr. COBB. I raise the question of consideration. House to prostrate the people-the American people-into the degra­ Mr. RANDALL. There are some here who favor the Oregon Central dation which is intended by this resolution. I have no time, sir, in bill, and who yet feel it is essential to give to the Naval Committee the the fifteen minutes allotted to me to go over this subject, but I will day it has under the special order. I make this statement so it shall say here that since the Fifth Congress, in 1798, there never has been not be held that those who vote to take up the naval business are hos- an attempt until recently, until after the advent of the monarchical . tile to the legislation to which the gentleman from Indiana refers. ideas engendered by our late war-there never has been an attempt Mr. COBB. I have raised the question of consideration. If the made to degrade the American people in the way it is now attempted House determines to consider the Naval Committee business, I shall to be done. not object. . Sir, in 1798-and I claim the attention of the House for a few mo­ Mr. RANDALL. Why, the House on yesterday, I believe, or the ments upon this subject-a resolution was introduced into the Senate of day before, by a very decided vote, if I recollect correctly, determined the United States, and also offered in this House, to grant a present of a to go on with that Oregon land-grant-forfeiture bill. It is not there­ snuff-box or some royal tri1le to Mr. Pinckney, of South Carolina, for fore a fair inference to draw from the action of the House to-day in de­ having negotiated an important treaty on account of our Government termining to give the Committee on Naval Affairs precedence for its with Spain, which wasthenanimportantpower. That was discussed, business instead of going on with the land-grant bill, that therefore sir, and every Democrat and every Republican in the House of Repre­ there is hostility on the part oftheHouse to the Oregon bill. I make sentatives denounced it as a degradation of the American people; and this statement, for, as I have said, therearegentlemenhere who think that if it was ever attempted again the man who wanted the decora­ it only proper that the Committeeon NavalA:ffairsshouldhavetheday tion and the man who introduced the resolution intothisHouseshould which baa been assigned to them. meet the execration of the patriots of this country. Mr. COBB. I do not raise that question simply, but for the purpose I want both sides of this House to look into the history of America of raising the question of consideration the allusion was incidentally and see what has been done upon this subject. I refer particularly to made to it. I do not think that any such construction can be put upon two or three illustrious statesmen of that age. I have no time in the the action of the House in voting one way or the other; that is, whether short space allotted to me to send for papers and have their speeches it will take up the Oregon bill or proceed with the reports from the read in this connection, but I should like to read some of the speeches Committee onNavalAffairs. Both areimportantpublicmeasures-- of Albert Gallatin, who did more for the formation of this Government Mr. KASSON. I would like to make an inquiry, sir. . As I under­ than perhaps any other man of the time. Albert Gallatin took the stand, if the gentleman from Indiana should carry his objection to this floor and denounced the idea that the illustrious statesman, Mr. Pinck­ bill to the point of raising the question of consideration, still it remains ney, who was at the time a member of this House, should be allowed the order of the House, and the same point would have to be made on to accept such a recognition of his services for negotiating this treaty each successive bill reported by the Committee on Naval Affairs. The with Spain. He denounced the idea as not in harmony with our idea result would then be the waste of at least half the day without the ac­ of government and opposed to the sentiment of the American people. complishment of anything. The illustrious Nathaniel Macon, of North Carolina, took the same Mr. COX, of New York. I now call up the Senate joint resolution position. All the illustrious men of that age who were democrat-repub­ No. 26, granting permission to Ensign L. K. Reynolds, United States lican denounced it, and some of them went so far as to say that they Navy, to accept the decoration of the Royal and Imperial Order of wanted to settle it so far that hereafter for aU time no man should be Francis Joseph from the GQvernment of Austria. bold enough to introduce a proposition to confer these pretended honors The joint resolution was read, as follows: upon any one of our citizens. Resolved bv the Senate and Home of Representatives of the United Btaks of Amer­ I implore these gentlemen around me on both sides, if they donbt ica in Congresa assembled, That Ensign L. K. Reynolds, United States Navy be, and he is hereby, granted permission to aecept the decora.aon of the Royal my word, to send for the proceedings of the Fifth Congress and read and Imperial Order of Francis Joseph awarded him by the Austrian Govern­ over the speeches of Nathaniel Macon, Albert Gallatin, Tazewell of ment in recognition of heroic conduct in saving the liTes of the crew of the Aus­ Virginia, and all the illustrious men of that age, all the prominent Dem­ trian bark Olivo, November U, 1879. ocrats and Republicans, denouncing it as a degradation to the Ameri­ .Mr. COX, of New York. I move the previous question npon the can people and appealing to the House of Representatives that by their third reading of the joint resolution. vote it should declare that any man who would dress our officers to go Mr. COBB addressed the Chair. around the world like decorated dudes should be execrated by posterity, The SPEAKER. The order of business is not debatable. The Chair and especially by the American Congress. And that resolution to al­ has simply allowed suggestions to be made. Does the gentleman desire low the acceptance of these presents was voted down on a solemn vote tp raise the question of consideration? of yeas and nays. And the illustrious Bayard of Delaware afterward Mr. COBB. While the bill I have referred to, the Oregon bill, has introduced a resolution, and in his speech introducing it he declared been pending for some time and is the unfinished business, I find that the vote of this Honse which had been given solemnly against even al­ .there is a decided disposition on the part of many gentlemen to take up lowing that illustrioru; statesman Pinckney to receive a present would the special order to-day, and as I have no desire to antagonize the wishes govern for all time, and that no man who attempted to appeal to the of gentlemen, although the imp6rtance of the bill which I have named American people for support for such a thing hereafter should be allowed in my judgment warrants such a course, still I am willing to let the to go without its denunciation and execration. 1884. CONGRESSIONAL RECORD-HOUSE. 4479

I ask my illustrious friend from New York [Mr. Cox], does he be­ Ha.s Congress given permission for that? By what authority is it in lieve his constituents in New York are in favor of sending decorated the State Department? dt1-des about the world to represent the American people? Will he go Then come Lieut. Charles A. Foster and Lieut. Jesse U. Roper, all before his constituents and justify this idea? What has instigated this trying to rope in these decorations. They want to receive the decora­ idea that this man should be decorated above all others ? I mentioned tions of knight commander of the Royal Order of the Crown of Ha­ on a former occasion that a member of this Committee on Naval Affairs waii, now in the custody of the Department of State. Then come Com­ had dared to come into this House and say that my constituency in manders Cooper and Strong and Lieutenant W ~~who want to receive Brooklyn should receive no favors because I would not consent that the decorations of the Order of El Busto del Libertador, tendered by hia this thing should be unanimously considered. .And yet, sir, what is excellency the. President of Venezuela. And then we have Rear-Ad­ this that is proposed now? Not a present of a snuff-box, but an order miral Cooper, Captain Bradford, Lieutenant Tilley, Lieutenant.. Cowles, of nobility. Aye, my friend here from Ohio (:Ur. KEIFER] shakes his and Ensign Milligan for the same decorations of the Order of El Busto head. I will prove it. What is an order of nobility? I hold in my del Libertador. hand the report of this committee in favor of giving this honor. I Yon see we are coming down now to the ensigns who want to be made read from it. princes. .And then we have Ensign Reynolds, this case now before the Mr. Schaeffer, the Austrian minister, writes to Hon. Frederick T. House, 'who wants the decoration of the Royal and Imperial Order of Frelinghuysen and says that Hon. Mr. Hunt had declared that per­ ·Francis Joseph, tendered by the Emperor of Austria. mission would undoubtedly be given- Now, why are we to do all this? Are not these men contented with And that the Department saw no objection to Lieutenant Reynolds being made the honors which America. gives them? Why do they want to accept a knight- these orders from King Kamehameha, or I believe it is the Order of A nobleman- KamehamehafromKing Kalakaua? I understand that Claus Spreckels a knight of the Imperial and Royal Order of Francis Joseph. owns the island where Kalakaua resides, and I understand that the There it appears on the very face of it. What is knighthood? Sir, principal production there is sugar. Now, if this dark prince or Prince it is an order of nobility. This decoration which it is proposed to give of Darkness, or Claus Spreckels, his owner, had tendered to ea~h one of is the decoration of an order of nobility. It is not only that, but it is these men a barrel of sugar or a keg of mola..'!SeS, which Claus Spreck­ the beginning of a series of orders of nobility to be conferred. We have els could give them without much injury to his income in San Fran­ fourteen, fifteen, or twenty applications here to-day from the officers of cisco, there would be something to sweeten the recollection of this gift our Navy asking these decorations to be conferred upon them outside of royalty. the authority of the United States and above the honors which we can I would ask how much time I have left? ~& . The SPEAKER pro tempore (Mr. SPRINGE.&). The gentleman haa This man has declared that he is willing to accept this title of no­ one minute lef\. , bility. The Constitution of the United States does not give Congress Mr. ROBINSON, of New York. I think I have three minutes. the power to confer it. And Albert Gallatin and Nathaniel Macon This is the first time I ever contradicted the Chair. · and the illustrious Tazewell of Virginia, all the statesmen of that The SPEAKER pro tempot:e. The Chair is informed by the Clerk day, opposed this thing, and said Congress should not allow an order that the gentleman has one minute remaining. of nobility to be conferred. You may allow this young lieutenant to Mr. ROBINSON, of New York. In that one minnteitisimpossible take a snuff-box or anything of that kind; but you can not allow him for me to pour out the abhorrence ofmy heart for this miserable mon­ to be decorated with the Imperial and Royal Order of Francis Joseph of archical, aristocratical idea. But I call upon both sides of this House Austria unless you become perjurers and render yourself liable to in­ to mark with their disapprobation this attempt t.o revive this monarch­ dictment as such. As members of this House, yon and I and all of us ical idea which Albert Gallatin, Nathaniel Macon, and all the illustrious have sworn to support the Constitution of the United States; and the men ofthe first generation of this Republic in 1798 were opposed to, Constitution of the United States says, "No title of nobility shall be before this city became the city of our Government. I call upon all granted by the United States,'' even with the consent of Congress. men here to give us th~ yeas and nays on this proposition and let us I must hurry along. I am sorry I have not much time. I hold in see once for all whether we are to spend the·remainder of this session my hand a list of these officers that are waiting at your door to be dec­ which we should devote to important American questions in conferring orated. Macon and Gallatin and all these illustrious men thought these orders on this long list of applicants-and there are more coming; they had killed that scorpion, that monarchical idea. But here we the vision of Macbeth is nothing to it-whether we are to continue or have these men coming up by battalions to be decorated with foreign will stop now. ribbons and foreign orders. I hold in my hand a report from the Sec­ The SPEAKER pro tempore. The time of the gentleman has expired. retary of the Navy in answer to a resolution of the House of Repre­ Mr. TURNER, of Kentucky. I ask unanimous consent that the sentatives which I introduced. time of the gentleman be extended. We have Rear-Admiral J. W. A. Nicholson, who want:a to receive­ Mr. MORSE. I object. We have had enough of this, and we have something else to do. A gold medal tendered by the King of Sweden, &c. Mr. COX, of New York. In the Constitution of the United States He helped England at the bombardment of Alexandria, and there­ our republican fathers said that no title of nobility should be granted fore gained the good-will of the monarchical powers. Then, Rear­ by the United States. I showed the otherdaythatthiswas not a title Admiral R. W. Shufeldt is now before Congress a."'king to be permitted of nobility, and I proved it by the Austrian minister and my friend · to receive- from Germany [.Ur. GUENTHER]; The Constitution also says that ''no A sword, Persian c~pet, and other articles presented by the Sultan of Zanzi­ person holding any office of profit or trust under them (the United bar during the cruise of the Ticonderoga; presentation made after the cuatom of oriental princes. States) shall, without the consent of Congress, accept of any present, We have got into a nice position when our officers are to be decorated emolument, office, or title of any kind whatever, from any king, prince, with swords " after the custom of oriental princes." or fbreign state.'' Now, thi8 is a present; it is not an ·order of nobility. Then Rear-Admiral C. H. Baldwin is to have- It is so explained by the Austrian minister in the letter attached to the report. No one doubts it who will examine the facts. It is simply a A gold box with a. port,rait of the Emperor of Russia set in diamonds- medal for life-saving. because he went over and looked with a kindly eye on that despot Mr. ROBINSON, of New York. Now, Mr. Speaker-- · "on the occasion of his coronation." where the letters that have been Mr. COX, of New York. I will not be interrupted. published in the papers come to the lovers of liberty throughout the Mr. ROBINSON, of New York. I suppose you will not be to hear world from Siberia and the dungeons of Russian despotism written in the truth. blood. And he is to ha~e a gold box with the portrait of the Emperor Mr. COX, of New York. The gentleman has argued this matter of Russia set with diamonds, presented by the Emperor himself! three times out of order, and I will take three minutes to use him up. Then we have Capt. George E. Belknap with the- [Laughter.] Decoration of knight commander of the Royal Order of Kamehameha. I Mr. ROBINSON, of New York. .And then give me one minute to [laughter], tendered by the King of the Hawaiian Islands- use up what is left of him. [Renewed laughter.] A half a minute The highwaymen have captured our officers- will do it. tendered by the king of the Hawaiian Islands, in recognition of his services in Mr. COX, of New York. This officer, whom this gentleman so trucu­ restoring order upon the occasion of the riot at Honolulu. lently designates as a dude, is now going to the northern seas in search It seems he took sides with the king in putting down the people. ·of the Greely party. Then we have Captain Henry Wilson and Commander Frederick Pear­ Mr. ROBINSON, of New York. He is ordered to go there. son: Mr. COX, of New York. I will not be interrupted, I say. Decorations of knight commander of the Royal Order of Kalakaua. Mr. ROBINSON, of New York. I know you will not. Kalakaua, or kill-cow, or however you may pronounce it. · We will Mr. COX, of New York. The gentleman has undertaken to fix some call it "cow," because yon are making a bull in conferring such an opprobrious epithet on him. He calls him "dude." Now, the evi­ order. [Laughter.] dence shows that this officer saved eleven lives at the Azores. This is simply a life-saving medal which was given to him for that heroic Decora.~ons of knight commander of the Royal Order of Ka.laka.ua, tendered by the King of the Hawaiian Islands upon the occasion of his coronation now action. At his death it goes back to the organization, as the Austrian in the custody of the Department of State. ' minister explains, named for the Emperor Francis Joseph. 4480 CONGRESSIONAL RECORD-HOUSE. MAY 24,

What waa the service for which this officer is so berated in this House? gentleman from Pennsylvania is not a question of privilege. Nothing It is unexampled in intrepidity. haa been done or said, so far as the gentleman's statement shows, re­ On the 24th of November, 1879, the United States steamer Constel­ flecting upon him in any way in his representative capacity. His state­ ta.tion is lying near the Azores. There is a wild gale prevailing at ment is in the nature of a personal explanation, which can only be made the time. A vessel is seen several miles aatern. It flies a signal of by unanimous consent. distress. It is the Austro-Hunga.ria.n bark Olivo. Two boats are or­ Mr. ROBINSON, of New York. I have asked unanimous consent dered off from our vessel. They go to give assistance. One fails; the merely to read the meaning of "knight " a title which it is acknowl­ ~ther is under comm.arid of Ensign Reynolds. It makes two trips and edged this measure confers. [Cries of 1'Object!"] If you refuse to takes off nine of the twelve persons who are on board the Austrian hear Worcester or Webster you can go to-Heaven! [Great laughter.] vessel. Mr. COX, of New York. I wish to say one word more in my own Darkness comes. He returns to the sinking bark and takes off the time. remaining men. At every visit he has to leap into the sea to reach the Mr. BRUMM. I rise to a question of privilege again. imperiled bark. The sea is rough under the tempest. The men are The SPEAKER. The gentleman will state it. obliged to jump overboard for safety, and be hauled into the small Mr. BRUMM. My question of privilege is that I have been misrep­ boat-- resented on the floor of the House. Mr. ROBINSON, of New York. I rise to a question of order. The The SPEAKER. The Chair does not understand the gentleman from lasttimethismatter was up the gentleman from NewYork [Mr. Cox] Pennsylvania to state that the gentleman from New York has men­ spent his time in praising this officer and is doing so now, and is not tioned his name at all. speaking to the question ofwhether weshallconfer the Royal and Im­ Mr. BRUMM. But the RECORD mentions my name; it shows that perial Order of Francis Joseph on this man. I waa one of those who objected. _ The SPEAKER pro tempore. The gentleman from New York [Mr. Mr. COX, of New York. I never knewthatthe gentleman objected. RoBINSON] is out of order. to this bill until he told me so. Then I told him I would make an ex­ Mr. COX, of New York. Now, ifany one believes that the gentle­ planation to the House. I did not think of it this morning or I would man was in earnest in this matter in. thus bestowing opprobrious epi­ have told the House that he is in the same category as my colleague. thets on this man, then they might tolerate him; but! sometimes think He and my colleague are now contending who shall be the worst man in charity that he is not in earnest in making such appeals. in this business. [Laughter and applause.] But I was going on to show the service for which this medal is to be Mr. BRUMM. That would only be another misrepresentation like given to this young officer. He consumed the day and part of the night the first. in rescuing these eleven men, two or three at a time, from the bark. Mr. COX, of New York. I donotcarewhatthegentlemansays-­ He rescued them by leaping into the sea every time and swimming to The SPEAKER. The gentleman from New York will suspend. the bark until darkness came. Then, on his last trip, he was ordered The House will come to order. again to the sin1..'i.ng boat. The hurricane was still on. It was after Mr. COX, ofNewYork. Mr. Speaker, Iwillnottakethetimeallowed dark that this ' ' dude'' took off thelastthrP..emen. He had been ordered me by the rules except to say in response to what fell from the gentle­ to fire the vessel in two places, as it was in the track of vessels going man from Pennsylvania [Mr. BRUMM] when he says that I misrepre­ into the harbor at the Azores. He fires the vessel, and at the very time sented him. He is rather too flush with his words. I do not take that the vessel is burning he misses his own little boat. At last it appears from anybody and never ~ve. I give it back to him. I said before 1.1pon the crest of the wave. He leaps into the sea and with the last in this House what I repeat now. I was not bound to look up the three men he reaches safely his own vessel. And for this service, and men who objected to this. Is it my duty here to follow gentlemen­ in high appreciation of this gallantry, he is tendered this honor; and who object to measures I propose-from place to place in order to ad­ for this he is insulted by this member from New York as a ''dude." vise them that I am about to call up the measure they object to, or to The service thus rendered by this hero, for which we propo-.~ simply aak their consent about it? How can I follow the gentleman from to allow him, in accordance with the Constitution, to accept a medal as Pennsylvania through the coal-banks of Pennsylvania, or the gentle­ a present, is worthy of an officer in our gallant Navy, and the objection man from New York through the mazes of his movements? I con­ is hardly worthy of the gentleman, my colleague. [Applause.] sulted with men who were here when I brought it up the last time be­ Mr. BRUMM. I wish to ask the gentleman a question. fore Ensign Reynolds went to the north. I consulted with two men Mr. COX, of New York. The previous question .has been ordered. who objected [Mr. WELLER and Mr. FINERTY], and they agreed to Three times this thing bas been debated already. withdraw their objection. Mr. BRUMM. Then I rise to a question of personal privilege. Mr. ROBINSON, of New York. Mr. FINERTY did not withdra-w The SPEAKER. The gentleman will state it. his objection. Mr. BRUMM. Some time ago when this question waa first brought Mr. COX, ofNew York. I donotreferto tbegentlemanfromPenn· to the attention of the House unanimous consent was asked foritscon­ sylvania [Mr. BRUMM], nor the gentleman from New York who has sideration. I objected. Some time afterward, in my absence, the gen­ not the grace to listen to me. tlemanfrom New York [Mr. Cox] called this question up again, stat­ Mr. ROBINSON, of New York. Mr. FINERTY has not withdrawn ing that be had poken to those gentlemen who had objected before his objection. and that they had withdrawn their objection; that it was with their The SPEAKER. The gentleman from New York has the floor. consent that this matter was brought up. Now the question of per­ Mr. COX; of New York. And I have refused to yield any further sonal privilege that I rise to state is, first, that I having been the origi­ to the gentleman fromNewYork. I yield nowto the gentleman from nal objector to the consideration of this resolution-- Iowa. Mx:. COX, of New York. I never knew it. The SPEAKER. For how long? Mr. BRUMM. I never was consulted upon the question of considera­ Mr. COX, of New York. For two minutes. tion. I never withdrew my objection. I never knew that the gentle­ The SPEAKER. The gentleman has only four minutes remaining. man from New York was going to bring this matter up without my con­ Mr. KASSON. I only rise, Mr. Speaker, to say that in a former sent. case of a proposition to grant a medal for services involving no gallantry I spoke to the gentleman afterward and asked him to make an ex­ and nothing of personal merit, but given as a mere matter of personal planation of the facts on the floor of the House. He assured me that favor, I voted 11.oaainst it and shall always do it, aa in the case where it would be done, but he failed to do it. I have now simply asked him King Kamehameha bestowed a decoration for mere personal attendance the privilege of a question, and be has refused to allow me to put it. of an officer. But when a case is presented of personal gallantry that Now the question of privilege is that I may be placed right on the does honor to the Navy and to the naval corps to which the officer be­ record; and as a matter of information-for that is all I wanted from the longed, when be has imperiled his life to save the lives of oth!'ll'8, when gentleman when he refused to allow me a question-! wish to know an official and special report is made to the Government of the United whether this is an imperial decoration or not-- States in order to commemorate that gallantry and put it on record in Mr. COX, of New York. Oh ! that I answered. the service of the Navy itself, a different question is presented. In this Mr. BRUMM. Whether this does not-- case, which refers to the rescue of the lives of foreigners on the high Mr. COX, of New York. I rise to a point of order. seas, I desired that a portion of time should be taken up in reading the Mr. GEORGE D. WISE. I make the point of order that the gen­ official report of the facts; but there is now no time to do it. This tleman from Pennsylvania [Mr. BRUMM] has not stated any question young officer repeatedly imperiled his life, and after all the Austrian .of privilege. sailors except two or three were saved and dark came on,. he volun­ Mr. ROBINSON, of New York. I wantasingledefi.nition read from teered again and went back to his dangerous and noble work, saving Worcester's Dictionary. the remaining lives. Not being able to accomplish all his duty in his The SPEAKER. In the opinion of the Chair the matter stated by boat, be leaped into the sea, remembering the direction of his superior the gentleman from Pennsylvania (Mr. BRmiM] U! not a question of officer tbat this bark, if allowed to remain, would endanger other vessels personal privilege, but a mere matter of personal explanation, which in tbat part of the ocean-- ~n not proceed except by unanimous consent. Mr. ROBINSON, of New York. Will the gentleman permit me to • Mr. ROBINSON, ofNew York. Can !not have unanimous consent ask him a question? to read from Worcester the meaning of ' ' knight? ' ' Mr. KASSON. No; for you have had your time. The SPEAKER. The Chair decides that the matter stated by the Mr. ROBINSON, of New York. Only one question. 1884. CONGRESSIONAL RECORD-HOUSE. 4481

Mr. KASSON. I can not. This man, Isay, leaped into theseaand I believe that he would save anybody's life-even the life of the gen­ managed to board the bark in the terrible storm, remembering the di­ tleman from Pennsylvania himself, or of my friend from New York. rection of his officer, and he set fire to that vessel so that it might not Mr. ROBINSON, of New York. But he would not accept a decora­ endanger other vessels sailing that part of the ocean. It was in the tion from a foreign government for doing it; he is not that kind of a direct track of vessels on the sea. Cox. [Laughter.] Mr. ROBINSON, of New York. Would you destroy the Constitu­ Mr. COX, of New York. Yes; even the life of my friend from New tion of the United States? York he would doubtless save, although that gentleman is the licensed Mr. KASSON. I repeat that he again leaped into the whirling sea libertine of debate upon this floor, simply because of his age [laugh­ and destroyed that vessel that other vessels and lives might not be ter], his venerable aspect, or his good old-fashioned Democracy, which endangered by the wreck. . he is now running to an extreme, and is playing such fantastic tricks be­ Mr. ROBINSON, of New York. But it is muchmoreimportantthe fore high heaven as make the angels weep. [Laughter ~nd applause.] Constitution of the United States should not be destroyed. I demand the previous question. Mr. KASSON. I say you are persistent in wrong, my friend; you The SPEAKER. .The previous question has been ordered. are dishonoring your own countrymen. Mr. BRUMM. I rise for a matter of information. [Cries of" Vote!" Mr. ROBINSON, of New York. I must deny that. I am not dis­ "Vote!"] honoring my countrymen. I am only keeping my oath to sustain the Mr. ROBINSON, of New York. On that I demand the yeas and Constitution of the United States. uys. Mr. KASSON. In recognition of his heroism in thus saving the lives :Mr. BRUMM. I wish to obtain information with reference to this .of these Austrian sailors the Emperor of Austria, on the advice of his subject before I vote. [Cries of "Regular order !"] I would like to government, has sent this young naval officer a token of official recog­ know either from the gentleman from New York or some other gentle­ nition, which we have every assurance is not in any respect an order of man whether the fran1..~g of this decoration-- .DObility. The SPEAKER. The Chair will state to the gentleman from Penn­ Mr. ROBINSON, of New York. I want the words taken down. I sylvania that the time allowed for debate under the rules of the House want those words taken down where I am cha:_rged with having dis­ has expired, and the question is upon the passage of the joint resolu­ ::honored myself. I fling them back into the teeth of the gentleman tion. .from Iowa himself. Mr. BRUMM. I am simply asking for information, and am per­ Mr. KASSON. I say, sir-- fectly sincere in this. I do not think the gentleman in charge of this Mr. ROBINSON, of New York. I say the man who is violating the matter will object if he knows my object. .Constitution of the United States dishonors himself. I am standing by Several members demanded the regular order. ·the Constitution. Mr. BRUMM. I might vote with him if I could get information The SPEAKER. The gentleman from Iowa is entitled to the floor upon a point here-- . and it can not be taken from him without his consent. Mr. DUNN and others objected . Mr. ROBINSON, of New York. Let him withdraw that word. The SPEAKER. The question is upon the passageofthejoint reso­ Mr. KASSON. I withdraw nothing. I say the man who stigma­ lution, upon which the gentleman from New York demands the yeas ·tizes with the word "dude" a gallant naval officer who has done this and nays: ,gallant act in saving the lives of others repeatedly at the peril of his The yeas and nays were not ordered. .own, does dishonor the Navy and the officers of the Navy. [Applause.] The joint resolution was passed. · I say there is no order of nobility in it. Mr. COX, of New York, moved to reconsider the vote by which the Mr. ROBINSON, of New York. Does the gentleman know this joint resolution was passed; and also moved that the motion to recon­ :young man? I have seen his picture. sider be laid on the table. Mr. KASSON. Of course the gentleman must understand that I can The latter motion was agreed to. ' not allow this to come outofmy time. Mr. ROBINSON, of New York. I ask you, do yon know the man; RANK OF GRADUATES, NAVAL ACADEMY. have yon ever seen him? · Mr. THOMAS. Mr. Speaker, I am directed by the Committee on Mr. KASSON. I think I have repeatedly stated to the gentleman Naval Affairs to call up the bill (H. R. 2265) to equalize the rank of :that I do not know him. I say-- graduates of the Naval Academy upon their assignment to various Mr. ROBINSON, ofNew York. And! will tell the gentleman-­ corps, and ask that the same be put upon its passage. The SPEAKER. The gentleman from New York will not interrupt The bill was read. It is as follows: -the gentleman from Iowa without his consent. The Cb¥r will, of Be it enacted by the &nate and Hous1 of Representatives of the United States of . course, see that the gentleman from Iowa is protected in his right to America in Congress assembled, That from and after the passage of this a ct all graduates of the Naval Academy who are assigned to the line of the Navy, on the floor. the successful completion of the six years' course, shall be commissioned en­ Mr. KASSON. And the idea of this being a decoration of nobility is signs in the Navy. . set aside in the very letter accompanying the medal, for it is stated SEC. 2. That the grade o.f junior ensign in the Navy is hereby abolished, and the junior ensigns now on the list shall be commissioned ensigns in the Navy: -there, if the gentleman will take the tmuble to read it. PrO'IJid~ That nothing in this act shall be so construed as to increase the num- I have the honor to forward yoQ. hereby the said decoration, with the diploma ber of omcers in the Navy now allowed by law. · and the bond attached to it, requesting you to inform me in due time whether SEC. 3. That all acts and parts of a{lts inconsistent with the provisions of this Lieut. L. K. Reynolds has been permitted to accept that decoration. In that act be, and the same are hereby, repealed. , case he will have to sign the annexed bond, &c. Mr THOMAS. I would like to have the attention of the House for Now, I ask the gentleman, who ever heard of signing •a bond before a moment to call attention to the report made by the Committee on receiving a patent of nobility? It is simply, as all men must recog­ Naval .Affairs to accompany this bill, in which most of the reasons why nize it, a distinctive mark of recognition of the heroism and gallantry the bill should pass are set forth. I ask that the report be now read. · . of this young man. The report (by Mr. THOMAS) is as follows: ' Mr. ROBINSON, of New York. Read the adjoining lines and you This bill in no way increases the number of officers now in the Navy, nor will see what it is. does it change the limit now fixed by law; it simply provides that the junior officers of the line who are debarred from promotion for y ears by the act of Mr. KASSON. Under these circumstances I can not refuse to give August 5, 1882, reducing the p ersonnel of the Navy,shall be allowed to wait for my vote for the passage of this joint resolution. It confers a worthy their promotion in a grade of the same rank as that held by the junior officers . distinction upon this gallant young man who has honored the Navy of in the other corps oftheNavy. Those graduates of the Naval Academy who are assigned to the line of the his country by his noble heroism. Navy are given a rank and pay much inferior to that given their classmates Mr. COX, of New York. Mr. Speaker, I merely wi-,h to allude, in who are assigned to the Engineer and Marine Corps, and as the reduction in th~ the moment or two that remains, to something that has been said as to my personnel of the Navy made bythea{lt of August5, 1882, has almost put a stop to promotion in the junior grades, it results that the younger line officers have to . ~trict. Oh,. it is sai~.that I could not go home to my people voting wait for years in a grade inferior to any in the other corps of the Navy or in m favor of this proposition. Indeed! In response to that suggestion I the Army, and year after year see themselves passed over by those graduates wish to say thap if there is one thing in the world that my district of suc:ceeding classes who enter the Engineer and 1\larine Corps. The superintendent of the Naval Academy, in his annual report, says: loves better than any other, it is the Life-Saving Service, and those who " The duties required of the lowest grade of line officers are fully as impor­ assert otherwise know very little of the heroic services rendered in the tant and arduous as those required of the lowest grade of marine and engineer cause ofhumanity by many ofmyconstituents. officers, and frequently involve much more responsibility. It would seem but just that the naval ca~et assigned to the line after the completion of the six . There is a man standing now as one of the custodians at Castle Garden years' course should be commissioned as ensigns. * * * E ven this would who has saved thirty-four lives. He wears medals which have been not put them on an equal footing as regards pay with those assigned to the Ma­ . given to him by h~~ane societies all over the country, from Boston, New rine and Engineer Coq>s, the pay of an ensign being but $1,200 per annum at. sea. * * * It will hardly seem complimentary to the number one of a class York, and other Clti~ at home and abroad. There is also a man who. who should evince special ability as a line officer, to give him a simple appoin~ is filling the position of policeman. He is, strange to say, no relation of ment with a salary of $1,000 per annum, while others who passed below him are mine, although his name is Samuel Sullivan Cox. [Laughter.] He given commissions and salaries of Sl,41k) and $1,700 per a.nnqm. * * * When at sea an ensign (junior grade) receives $1,000 per annum, an assistant engineer has saved seventeen lives and modestly wears the honors and badges. $1,700 per annum, and a second lieutenant of marines 51,400 per annum. * * * !tis the highest orderofnobility-the nobility ofnature! Thismanis The first assignments of final graduates under the law of August 5, 1882, was located at Grand street ferry, has saved the e lives in the discharge of made in June last; seven were assigned as ensigns (junior grade), three as as­ sistant engineers , and te n as second lieutenants in the .l\Iarine Corps. "' * • _his duty and at the peril of his own life. He makes no discrimination. An examination of the Navy Register will show that at the present rate of pro- XV-281 .

4482 CONGRESSIONAL RECORD-HOUSE.

motion it will be at least fifteen years before the senior graduate assigne!i to the Mr. THOMAS moved to reconsider the vote by which the bill was­ line can receive the same rate of pay per annum as was at once recetved by those members of his class who were assigned to the Engineer Corps and to passed; and also moved that the motion tO reconsider be ·laid on the­ the Marine Corps." table. The Secretary of the Navy, in his last report, says: . The latter motion was agreed to. "The status of junior ensigns. also calls _for the attentiOn of Con~ess. The lowest grade in the Army and m the Ma.rme Corps, that of second lleutenant, LONGEVITY P.A.Y IN THE NAVY. corresponds to that of ensi~n, and so does the lowest relative rank in the naval staff corps. In the line ex1Sts the anomalous grade of junior. ensign , ~ whic~ . Mr. GEORGE D. WISE. I ask unanimous consent to discharge the I' officers must pass several Y.ear;'J at the present rate of l?romo.twn. Duri?g th1s Committee of the Whole House on the state of the Union from the fur-:­ period therefore, they are J unwr to every other officer m therr own service, and ther consideration ofthe bill (H. R. 1401) to amend section 1556ofthe 'to the iowest commissioned officer in the Army. As graduates of the academy are now appointed to the Engineer Corps and the Marine Corps as well as to the Revised Statutes, giving longevity pay to certain officers-of the Navy,.. line, members of the same .graduating <:lass who enter the more fav

There is no grade in the Navy whose services have been so overlooked a.s ~e ton, and there being at that time no chaplain at the navy-yard, this old grade of passed assistant engineers, ~ho have been over twenty-one ~ears In the naval service and who have recetved none of the advantages so liberally man has performed service there for the last ten or twelve years with­ bestowed on other branches of the Navy. out payexcept for two years. Duringthat time he has built up a sea­ Many of these officers have served under my immediate command and nearly man's Bethel retreat near the navy-yard gate, and has founded in the all of them have served through the great civil war. Many are known to me personally, and I do not hesitate to say that the Navy navy-yard a reading-room and library. does not hold a more gallant or deserving set of officers. For fifty years he has devoted himself to the improvement of the It would be committing a great act of injustice to withhold from them longer morals and theconditionoftheseamenofthe UnitedStates Navy. All that which they ask. . I am satisfied that if Congress will look into their request carefully it w1ll not the officers and men who know him love him, and he has their confi­ hesitate to grant it. • dence and their respect. We now only ask, after he has thus served· R-espectfully submitt-ed. for a period of fifty years without pay, that the President shall be au­ DAVID D. PORTER, Admiral. thorized to appoint him as chaplain and place him on the retired-list OFFICE OF THE CAPTAIN OF THE YARD, of the Navy. I now call the previous question. Navy-Yard, New York, February 5,1884. Mr. McMILLIN. Before that is done I wish to inquire of the gen­ My attention has been called to the bill (H. R. 1401) for the relief of the passed tleman how many officers ofthis rank are now on the retired-list? assistant engineers of the United States Navy. Mr. GEORGE D. WISE. Only one or two. Considering all the circumstances, I regard the relief asked for a.s very ~odest Mr. McMILLIN. Then the tendency of this bill is to establish a indeed, since some fifty-sev!in of these <_>ffi~rs ente.red the Navy durmg the civil war, many of them servmg through tt With credtt. rank of this kind, and it is against that I wish to protest. I know it Had promotion been as rapid with them as with their brother officers of the is not a pleasant duty to oppose a proposition like this, where you are line-Medical Corps and Pay Corps-who entered the Navy at the ea.me date, many of them would now be from one to three grades higher, and in the enjoy­ met with a plea of semi-charity in favor of a man whose life has been ment of much greater emolument than they now receive. spent in the interest of good morals. So far back a.s 1866 one of these officers served with me as senior engineer {that But I do not believe that it is sound policy or right to place on the is acting chief engineer) of a. gunboat I commanded, and on my last cruise in c~mmand of the V a.ndalia a passed assistant engineer of that vessel antedated retired-list those who have not for years been connected with the serv­ b¥ original appointment every officer in the ship except myself, the chief en­ ice of. the United States. It is said that this man has received com­ gmeer and the executive officer, the last named having seen no war service pensation for but two years. Is it proposed to take all the ministers whate~er as he graduated from the Naval Academy in 1865, while the passed assistant engineer had completed three ~ea.~ of war service. . . who have officiated in any capacity in this city, and who have at differ­ In my judgment, some measure of reliefts demanded by common JUStice for ent times served in any branch of the service in a ministerial way, and this long-suffering and patient body of men, and I heartily welcome House bill place them on the retired-list? It seems to me that would not be 1401 or any other bill that will give them what they are clearly entitled to. RICHARD W. MEADE, Captain U. B. N. well. I know that the gentleman from New York [Mr. Cox] has in the past Mr. GEORGE D. WISE. I now call the previous question. stood up against an increase of the retired-list. What good can come The previous question was ordered, and under the operation thereof from it? Is it claimed that this man is unable to act actively as chap­ the bill was ordered to be engrossed for a third reading; and it was ac­ lain? If such is the fact, the gentleman from Virginia has not dis­ cordingly read the third time, and passed. closed it. If such is not the fact, then appoint him as chaplain and Mr. GEORGE D. WISE moved to reconsider the vote by which the bill keep him as such as long as he _can serve. was passed; and also moved that the motion to reconsider be laid on the Mr. GEORGE D. WISE. I will state to my friend from Tennessee table. [Mr. McMILLIN] that this m'an is beyond the age when he can be ap­ The latter motion was agreed to. pointed chaplain, or he would have been appointed long ago. JULIUS A. KAISER• . Mr. McMILLIN. Why was he not appointed when he was within Mr. TALBOTT. lam instructed bytheCommitteeon Naval Affairs the age? , to ask that the Comnnttee of the Whole on the Private Calendar be dis­ Mr. GEORGE D. WISE. He was not engaged in it then. charged from the further consideration of House bill No. 1348, for the Mr. McMILLIN. Not in the ministrythen? Ithoughtthegentle­ relief of Julius A. Kaiser, and that the same be now considered in the man said he had been in the ministry for more than fifty years. House. Mr. GEORGE D. WISE. He was not then in the navy-yard here. There was no objection. Mr. McMILLIN. I see constant efforts made to increase the retired­ The bill was read, as follows: list in every departmentofthe Government. Those efforts come from Be it enacted, &c., That the President of the United States be, and he is hereby, the Navy, from the Army, from the Supreme Court, and from other authorized to nominate and, by and with theadviceand consent of the Senate, branches of the judicial service. I think there ought to be a stop put to appoint Julius A. Kaiser upon the retired-list of the Navy, with the rank of to~ . passed assistant engineer, and pay thereof from February, 1868, now an assist- ant engineer on the retired-list of the Navy. · Mr. CANNON. Will the gentleman allow me a question? :Mr. McMILLIN. Certainly. The Committee on Naval Affairs recommend that the bill be amended Mr. CANNON. Am I correct in understanding the gentleman from by strilring ont all after the words ''and pay thereof from,'' and insert Virginia [Mr. GEORGE D. WISE] and the gentleman from Tennessee in lieu thereof the words "the date of the passage of this act." [Mr. McMILLIN] as saying that it is proposed to put this man on the The amendment was agreed to. retired-list of the Navy when he has rendered no service as chaplain Mr. TALBOTT. I now call the previous question on the bill as and was too old to be appointed as chaplain? amended. :M:r. TALBOTT. He has rendered gratuitous services as chaplain. The previous question was ordered, and under the operation thereof 1\Ir. CANNON. He has not spent his life in the service of his coun­ the bill was ordered to be engrossed for a third reading; and. it was try in the Navy, but it is now proposed to give him this appointment accordingly read the third time, and passed. as a gratuity. Mr. TALBOTT moved to reconsider the vote by which the bill was Mr. McMILLIN. Since he became too old to be appointed-­ passed; and also moved that the motion to reconsider be laid on the Mr. CANNON. Since he became too old to be appointed chaplain. table. This is the proposition, is it ? The latter motion was agreed ft>. Mr. Mc~ULLIN. That is the proposition, stated in plain English. SAMUEL KRAMER. Mr. CANNON. Does the gentleman from Virginia understand that Mr. GEORGE D. WISE. I ask consent that the Committee of the to be the case? Whole on the Private Calendar be discharged from the further con­ Mr. GEORGE D. WISE. Certainly. sideration of the House joint resolution No. 17, authorizing the appoint­ :Mr. CANNON. Then I do not see that we ought to break down the ment and retirement of Samuel Kramer as a chaplain in the Navy of retired-list in thi3 way. the United States, and that the same be now considered in the House. M:.r. McMILLIN. It ought not to be done, and I do hope the gen­ There was no objection. tleman from Virginia will not insist on it. It is not right to do it; it The joint resolution was read, as follows: is not policy to do it. If this man had spent his life in that service in Resolved by the Senate and HO'USe of .Representatilves, &c., That the President of behalf of the Government there might be some plea in behalf of this the United States is hereby authorized, by and with the advice and consent of measure; but under the circumstances there is none whatever. .the Senate, to appoint Samuel Kramer a chaplain in the Navy, and place him on the retired-list. Mr. CANNON. I suggest to my friend from Tennessee that when he gets through he make a motion to strike out the enacting clause. The question was upon ordering the joint resolution to.. be engrossed Mr. McMILLIN. I will yield to the gentleman for that purpose. and read a third time. I think such a motion ought to prevail. Mr. GEORGED.WISE. !think I can briefly state thefacts in this Mr. CANNON. I will make it if the gentleman from Tennessee case. The beneficiary of this bill is an old man,.now bowed under the does not. weight of 76 years. When he was but 14 years of age he entered the Mr. GEORGE D. WISE. I hope the gentleman will allow me a naval service in Baltimore as a seaman. .After serving before the ma-st word. for eight years he was offered promotion, but preferred to give up that Mr. CANNON. Certainly. course of life in order to study for the ministry, and did so. For the The SPEAKER pro tempore. The gentleman from Virginia [l\Ir. last fifty years he has devoted hhnself as a minister, especially to sea­ GEORGE D. WISE] is entitled to the floor. He has not yielded, as the men. Chair understands, except temporarily to the gentleman from Tennessee In 1872 he came from the city of Baltimore to the city of Washing- (Mr. l\ICMlLLIN]. . --

4484 CONGRESSIONAL .RECORD- HOUSE. M.AY 24,

Mr. GEORGE D. WISE. I wish to repeat what I said before1 that he in the Government employ or under the authority of the Govern­ t}lis old minister came from Baltimore in 1872. At that time there ment, or only attached to some church? was no chaplain at the navy-yard in Washington; and from that time Mr. GEORGE D. WISE. He has been in the service of the Gov- he has been, at the earnest request of officers of the Navy, performing ernment, at its request, since 1872 or 1874. service there. In 1880 President Hayes put him upon the temporary Mr. DUNHAM. But where was he back of that? roll as chaplain, and for two years, from 1880 to 1882, he received pay ~fr. GEORGE D. WISE. Back of that he was preaching, as I un- as such. Since that time, there having been no fund out of which he derstand, in Baltimore. I do not know anything particularly about could be paid, he has not-received a dollar. that. Now, I do think that when Congress has pla{led upon the retired-list Mr. TALBOTT. He was prea{lhing there in Baltimore among the not one man merely but hundreds of men who are wealthy, whose pri- seamen at what is called the Bethel church. vate fortunes are sufficient for the maintenance of themselves and their Mr. DUNHAM. Who paid for that? · families; when to-day the proposition is :urged to place upon the retired- Mr. TALBOTT. There is a church in Baltimore called the Seamen's list a gentleman who has been out of the Army for more than twelve Bethel, and he was attached to that church. years, and to give him a yearly allowance of something like $30,000- Mr. DUNHAM. But what time has he been in the service of the- it does seem to me small business to deny to an humble follower of the Government? meek and lowly Jesus, after such services as this :man has rendered Mr. GEORGE D. WISE. He has been, as I understand, in theserv- for fifty years, the poor privilege of being put upon tbe retired-list as a ice of the Government some fourteen years. chaplain in the last days of his life. Mr. McMILLIN. If in order, I should like to have this bill recom- I wish to state another fact which I have not yet mentioned. In the mitted. days when you required the services of soldiers at Antietam, this same Mr. GEORGE D. WISE. I demand the previous question on the bill. old man, when there was a vacancy in the position of major of a regi- Mr. McMILLIN. I should like to have the bill recommitted to the ment, belted bis sword to his waist and fought bravely for the -Union Committ-ee on Naval Affairs with instructions to report back what, if throughout that fight. He has rendered service to the country on the anything, is due the party named in this bill. field of battle. Mr. PETERS. It seems to me it ought rather to be referred to the It does seem to me that this House ought not to sustain the motion Committee on Claims. . to strike out the enacting clause of this bill. The measure violares no Mr. GEORGE D. WISE. I have demanded the previous question principle. You have done this thing a thousand times-- on the engrossment and third reading of the bill. Mr. McMILLIN. Have we put upon the retired-list a thousand The previous question was ordered. chaplains of the Navy under circumstances like these? Mr. McMILLIN. Is it in order to recommit at this time? Mr. GEORGE D. WISE. I did not say "chaplains." But you The SPEAKER pro tempore. Not now. have put thousands of men upon the retired-list as captains, as colonels, The bill was ordered to be engrossed and read a third time; and be- as major-generals, and in other ranks. Whyshouldyounotretirethis ing engrossed, it was accordingly read the third time. man as a chaplain? The SPEAKER-pro tempore. The question recurs on the passage of Mr. McMILLIN. We did that in the case of men who had spent the bill. · their lives in the service. Mr. McMILLIN. I move to recommit with instructions to report Mr. GEORGE D. WISE. Fifty years of this man's life, according to what, if anything, ~ justly due to the party named here for services the testimony of officers of the Navy and of seamen, have been spent rendered to the Government. in the service oftheGovernment. Heservedbeforethema.stasasailor. Mr. DUNHAM. I wish to ask a question. Yet you would deny him what you grant to captains and colonels and Mr. MciDLLIN. ·ram willing if the gentleman prefers, with leave . generals-to men of higher rank. For myself I take more pleasure in to report at any time, for if we owe anything to this man I would not voting for this act for the benefit of this poor old minister than I would stand in the way of his payment. , I 9-o not wish, however, to see a in voting pensions to men of higher grade. I call the previous ques- bad precedent set. tion. Mr. COX, of New York. I think the Committee on Naval Affairs lli. McMILLIN. If the gentleman will yield to me a moment I b.we eliminated all bills which ought not to pass. There can be no ob- will make a suggestion that may afford a. way out of this difficulty. jection to this one, as it is a unanimous report. · The gentleman says that this man has served the Government in the The SPEAKER pro tempore. The pending question is on t.he motion capadty of chaplain and for such service has received-no compe~ation. to recommit with instructions. Then, if the enacting clause of the bill be not stricken out, which I 1\Ir. COX, of New York. The Committee on Naval Affairs might think ought to be done, why not recommit the bill, so that there may . report ba{lk $1,500 or $2,000 as due to this man for services already· be reported a bill to pay this man for what he b.'lS done, thereby giving rendered and for which he received no pay. The mode proposed by the him a competency, while avoiding the establishment of a precedent committee, however, is easier, cheaper, kinder, and a better way of pro- that may work injuriously hereafter? viding for him. It will take less money out of the Treasury. Mr. GEORGE D. WISE. This is the only way to provide for him. Mr. DUNHAM. Is this a unanimous report from the Committee Mr. McMILLIN. This is not the only way. If the Government on Naval Affairs? owes him anything for services, a. bill can be reported to pay him what 1\fr. COX, of New York. It is. is due him; and there is not a man here who would object to such a Mr. McMILLIN. I wish only to prevent the establishment of a bad bill, if the Government really owes him anything. precedent. lli. PETERS. I wish to ask a question for-information. Did this Tbe_SPE.A.KERpro tempore. The Chair can not entertain the roo- minister receive pay from any denomination prior to 1882 for his service tion to recommit with instructions for the reason the instructions must as a preacher which has been spoken of? be such as would be in order as an amendment to the bill, and it would Mr. TALBOTT. I will state the case. This old man was at the not be in order to move to amend the bill, which provides for putting navy-yard here, and was allowed $75 a month by Secretary Thompson on the retired-list, by allowing a private claim, which is an entirely for two years. This payment would have been continued but for the different subject. . faet that the appropriation bills failed to provide a fund from which Mr. McMILLIN. Then I move to recommit the bill in order when payment could be made. Since that time he has kept on performing the committee again report it they may be enabled to present some­ his duties at the request of officers of ~he Government, but has not been thing of the kind I have suggested. paid by anybody. . Mr. COX, of New York. That is equivalent to killing it. Mr. McMILLIN. Then pay him for what he has done. Mr. McMILLIN. It is not my purpose to kill it. Mr. TALBOTT. The only thing we can do for him-at least this Mr. DUNHAM. Let us vote it down. was the opinion of the Coiil..mittee on Naval Affairs, and th~ me..'lSure The House divided; and there were-ayes 34, noes 83. was recommended by many officers of the Navy-is to put him on the Mr. McMILLIN. No quorum bas voted. retired-list. Theoldgentleman will then have a competency, and will The SPEAKER pro tempore appointed as tellers Mr. McMILLIN and still discharge the duties of chaplain as he has been doing. He is spe- Mr. GEORGE D. WISE. ciallyqnalifiedfordntyaschaplainintheNavy, becausehehasservedin The House again ~vided; and the tellers reported-ayes 60, noes this capacity for a long time, and, as I am informed, has more influence 103. with the seamen with whom he comes in contaet than any other man So the motion to recommit was disagreed to. who has ever served in this locality. The bill was passed. •. Possibly the Committee on Naval Affairs may have stretched a point Mr. GEORGE D. WISE moved to reconsider the vote by which the as a matter of policy in proposing topla{le this man on the retired-list; bill wa.s passed; and also moved tb.'tt the motion to reconsider be laid but we believe it to be an act not only of charity but of substantial on the table. justice. The latter motion was agreed to. 1\Ir. DUNHAJ>f. The gentleman from Virginia has said this man was employed for some fifty years preaching among seamen. A~FRED HOPKINS. ·Mr. GEORGE D. WISE. Thirty years. 1\Ir. BUCHANAN. I call up the bill (H. R. 2552) for the relief of Mr. DUNHAM. I wish to know whether he was engaged by the Alfred Hopkins. Government of the United States during the whole of that time. Was The SPEAKER pro tempore. That bill is on the Private Calendar.

. 1884. CONGRESSIONAL RECORD-HOUSE. 4485

Mr. BUCHANAN. I move the Committee of the Whole Honse on ment did not approve his leaving he could return. It ap~ars to the committee that these facts which were in evidence were amply sufficient upon which to the Private Calendar be discharged from its further consideration and found the opinion asked of the witness in the fourteenth question, and that the· it be taken up for action in the House. answer, if in the affirmative, was important and material in the defense of Cap­ Mr. CANNON. Let the bill and report be read, subject to objec­ tain Hopkins, and under the ruling of the court he was deprived of a clear legal right. tion. The fifth question propounded to Lieutenant Welch, a witness for the ac­ The bill was read, as follows: cused : "What was your understanding of the length of time I was to be gone?'' The judge-advocate state4 to the witness that " if there was anything Be it enacted, &c., That Alfred Hopkins be, and he is hereby, restored to the of his own knowledge and not his thoughts," he could answer the question . . rank of captain in the Navy of the United States. Answer, "I only know from conversation." The judge-advocate objects to the CANNON. I object todischargingthe CommitteeoftheWhole question, as the witness states" that he only knows the facts from converl"a­ Mr. tion." The court directed that the witness will reply to this question directly House on the Private Calendar. and without preamble. Accused and witness re-ente.red the court, and were Mr. BUCHANAN. I move the House resolve itself into the Commit­ informed of the decision of the court. The witness.answered, "My understand­ tee of the Whole House on the Private Calendar for the purpose of taking ing of the length of time he was to be gone would depend upon--" The wit­ ness was here again directed to confine himself to the question. He then an­ up that bill. swered as follows._ " I do not know." The motion was agreed to. The objection of the judge-advocate is·thatthe witness must know, of his own The House accordingly resolved itself the Committee of the knowledge, the length of time the defendant was to be gone from the navy-yard, into and this objection was sustained by the court. The committee think the court Whole House on the Private Calendar, Mr. ToWNSHEND in th_e chair. committed a great error in thus ruling. Intention on the part of others in the Mr. BUCHANAN. I call up the bill (H. R. 2552) for the relief of commission of an a-ct could rarely be arrived at if witnesses in testifying are to Alfred Hopkins. · be restricted to absolute knowledge of the fact of intention. The rule ofevidence admits the sayings and conversations of a person in the performance of an act The CHAIRMAN. The bill has been read, and the Clerk will now in explanation thereof to be given in evidence; as if a person departing on a read the report. journey declares that he is going to a certain place on certain business and to The Clerk read the report (by Mr. as follows: be absent a certain length of time, these statements are clearly admissible as BUCHA...~.AN) explanatory of the act of performance and the intention connected therewith. The Committee on Naval.Afi'airs, to '\\'hom was referred the bill H. R. 2552, Indeed, it is difficult to fully explain the acts in any other way. In this instance beg leave to make the following report: the witness had a knowledge from conversation, and was not allowed to tell Capt. Alfred Hopkins entered the Naval Academy October 1,1851,and gradu­ with whom or under what circumstances the conversation was held. It is evi­ ated No.5 in his class on .June 9, 1855, and received a warrant as midshipman dent the witness bad knowledge from conversation, and yet the court refused from that date. to ascertain what his knowledge was. On June25 of the same year he joined the-United States frigate Congress, and It is not a strained presumption that if the witness bad been allowed to have remained on board her cruising, in the Mediterranean squadron, until January stated what he knew from conversation that he might have stated that when 14, 1858, when the ship returned home and was putout of commission. In March Captain Hopkins turned the command of the navy-yard over to him in the act of the 'same year his class received their final examination, when be passed No. of departure told witness that if leave of absence was not granted to him he 2, and received his warrant as passed midshipman April15, 1858. On .April19, would return within a week. Who will say that such would not have been the 1858, he was ordered to the United States brig Bainbridge as acting master. evidence? And if so, the defendant was deprived of a fair trial by the ruling of The Bainbridge sailed for the coast of Africa, where she cruised for several the court in thus excluding evidence material and important to the defendant. months and then joined the expedition to Paraguay under Commodore Perry. In the Regulations for the Government of the Navy, page 126, edition 1876, we The Bainbridge was one of the vessels selected to form one of the Brazil squad­ find the following: ron, and be remained on that station in her until she returned home and was "A commander-in-chief of a squadron, and a commandant of a yard or station put out of commission, November 13, 1860. November 4, 1858, be was warranted in the United States, will nob leave the limitsoftheircomma.nd longer than one as master, and May 31,1860, commissioned as lieutenant. On .July Hi, 1861, he was week in any successive two months, without P-ermission of the Secretary of the ordered to the United States steamer Louisiana as executive officer; and was Navy." engaged in all the operations of the squadron in Burnside's expedition to the The defendant was a commandant of a yard in the United States, and under sounds of North Carolina. A day or two before the capture of New Berne he the regulations had a limited discretion conferred on him to leave the limits of was ordered to command the United States steamer Underwriter. He was pres­ his command not longer than one week in any successive two months. To ent at the battle of New Berne, in command of the Underwriter, and remained make the defendant guilty of charges 1 and 2, he must have violated the terms in command of her until October 30, 1862, when he was ordered to the ironclad of this regulation. Does the evidence show that the defendant did violate Weehawken.' On December 2, 1862, he was ordered to the ironclad Lehigh and them? The committee deny that it does. Captain Hopkins was the command­ remained attached to her until April 6, 18S3. On July 16, 1863, he was promot-ed ant of the navy-yard at Pensacola on the 1st day of September, 1882. On that to be a lieutenant-commander. On September 13, 1863, be was ordered to duty day be left the limits of his command. On the 6th day of that month, while at in the South Atlantic blockading squadron. He was on duty there first as execu­ Morristown, Tenn., by orderoftheSecretaryofthe Navy he was detached from tive of the Wabash, then of the Lehigh, and finally in command of the United the navy-yard and put on waiting orders. Under the rule it is not competent to States steamer Seneca until February 16, 1864. · count the first and last days of a definite period of time. Captain Hopkins was On September 24,1864, he was ordered to the Naval .Academy, where he re­ therefore absent from the navy-yard only five days, under the regulation, when mained until May 3,1865, when he was ordered to the United States steamer .Aga­ he was put on waiting orders. He had the right, as we have seen, to be absent menticus, as executive, where he remained on duty until she was put out of com­ seven days. He therefore violated no law or regulation. As a general rule, no ~ mission, September 18 1865. On November 17,1865, be was ordered as executive person can be tried, convicted, and punished for a crime unless he has violated to the United States school-ship Savannah, but was detached on the 29th of the some l~w. in the operation of which there is a joint union of act and intention same month, the ship going out of commission. On .April 21,1875, he was ex­ or criminal negligence. ruhined for promotion to the rank of commander and received his commission Tried by this rule, the committee do not believe that the finding of the court­ as such to date from March 2,1871. From December 21,1875, until .July 15,1876, martial can be sustained by the evidence in the record. We do not believe the be commanded the ironclad 'Vyandotte. From .August 7, 1877. he commanded evidence warrants the finding of the court, but the same is wholly without evi- the Wyoming until February 11,1878. From November 20,1878, until May 6, dence to support it. . 1879, he was on duty at the navy-yard at Norfolk, when be joined the class at It is not sufficient to warrant a conviction that the defendant intended to vio­ the torpedo station, where he was stationed until August, 1879. On .June 10, late a law; he must not only intend, but must violate the law. The judge-ad­ 1881, be reported for duty at the navy-yard at Pensacola. On 1\Iay 10,1882, he vocate, in his argument, seemed to think that intention without act of violation was examined for' promotion to captain, and received a captains commission, of law is sufficien,t, for he says: dated l\Iay 11,1882. On September 6,1882, he was detached from the Pensacola ·• The accused seems to have attempted to establish three theories as to his yard. right to leave the station: First, that he intended to take a week's leave under On November 21,1882, he was dismissed by sentence of a court-martial on the the regulations. To confute this theory, the prosecution would call the atten­ charge ofleaving his station before being regularly relieved, and conduct unbe­ tion of the court to Captain Hopkins's letters of August 30 and 31, and his tele­ coming an officer and prejudicial to discipline. He has seen thirteen years and gram of September I, saying in the one: 'I shall endeavor to get away with my nine months' service at sea, and six years and eight months' duty on shore. family, and leave the yard in coorge of Lieutenant Collins;' in another: • I pro­ The committee refer to the certified copy of the entire proceedings of the pose to return to Cleveland, Ohio, as I need an entire change of air,' &c. .And court-martial appointed by the Secretary of the Navy to try said Captain Hop­ his telegrams of September 4 and 5 and the Department's of the 6th show that kins, which accompanies this report, and is made a. part of the same. Captain he had not changed his intention as to the length of his stay until after frost, Hopkins was put on trial the 8th day of November, 1882, and the court-martial, or until it was safe for a Northerner to return, as he could not return to his on the 20th day of November of the sa\ne year, found him guilty of the charges station within the week.' ' and sentenced him to be dismissed from the naval service of the United States. It is clear that the judge-advocate admits the right of the defe~dant to absent The last session of the court-the one in which the defendant was found guilty, himself from the yard without permission for one week, but claims that as Cap­ and in which he read his defense and was replied to by the judge-advocate­ tain Hopkins when he left intended to remain longer than a week, he is guilty. continued only one hour and fifty minutes. The next day, November 21, 1882, We can not so regard it. The defendant was absent only five days, and he the Judge-Advocate-General of the Navy Departmentsubmitted to the Secretary could have been lawfully absent seven days, and while so lawfully absent he of the Navy the proceedings, findings, and sent-ence of the gen.eral court-martial was detached by the lawful order of the Secretary of the Navy, which he was in the case of Capt. Alfred Hopkins, with the recommendation that the same bound to obey, and did obey. The specifications to both charges consist in his be approved. leaving the navy-y.ard at Pensacola. The reply to these specifications is that he On the same day the foregoing proceedings, fin din~, and sentence in the case had the lawful right to. leave for one week, and before the week ended he was of said Capt. .Alfred Hopkins, United States Navy, were approved by William detached from said yard. Even if the evidence is sufficient to sustain the find­ E. Chandler, Secretary of the Navy, and submitted to the President of the ing, the punishment awarded seemed to be more than commensurate with the United States for his action. On the same day, November 21,1882, the sentence conduct of the accused. The evidence shows that the accused was broken in in the foregoing case of Capt. Alfred Hopkins, United States Navy, was con­ health; that the measures he took to prevent the ingress of the yellow fever to firmed by Chester A. Arthur, President. It appears from the record of the the navy-yard were efficient, and that no injury accrued to the property of the court-martial that Captain Hopkins had no counsel. The fact of not having United States n~r to any person in the service of the United States, nor to any one may have been his own fault; nevertheless the fact remains that he con­ other person or property by reason of the conduct of the defendant. ducted his defense without the aid and advice of counsel. It appears from the record, in the judgment of the committee, that the latter The committee believe the court erred in refusing to allow Dr. Owen to an­ part of the proceedings were unduly accelt'rated, as t.he defendant read his de­ swer the fourteenth question propounded to him by the accused, in the words fense and the judge-advocate replied thereto and the court made its finding in following: · . the short space of one hour and fifty minutes, inflicting a sentence of great "Do you or not believe that I left only temporarily, and with the intention severity, there being only one other more severe, the sentence of death : thus of returning in case the sick-leave recommended by you was not granted?" turning an officer, after long service; which rendered him unfit for any other To the above question the judge-advocate objected as an opinion upon which avocation whereby to make a support for himself and family, out of the pro­ no facts had been stated on which to ground it., and one which does not require fession of his choice and pride. an expert. The objection of the judge-advocate was sustained. Is it true as This sentence, on the next day after the finding, was approved by the Judge­ claimed by the judge-advocate, and decided by the court, that no facts had been Advocate-General, the Secretary of the Navy, and the President. A very short stated in evidence on which to ground the opinion of the witness? The witness, time for three separat-e examinations and considerations of the record of the Dr. Owen, states, in answer to the tenth quest.ion, t.hat the principal objection of court-martial. This was rapid work for a short November day. the defendant to going from the navy-yard was the fear that the Department l\Iany other reasons why this bill should pass will be suggestf"d to any one would not approve ..:>f his leaving his station. The witness, in answer to the who reads the record oftbe court-martial. The committee report the bill favor­ eleventh question, states that be suggested to t.he defendant that if the Depart- ably with the recommendation that it pas!' .

. I 4486 CONGRESSIONAL RECORD-HOUSE. MAY 24,

Mr. BUCHANAN. Captain Hopkins in the year 1882 was the com­ was anything of his own knowledge, and not his thoughts," he could mandant of the navy-yard at Pensaeola. In August, 1882, the yellow answer the question. · fever made its appearance at that station. Captain Hopkins took effi­ Answer. I only know froJn the conversation. • cient means to prevent its ingress to the navy-yard, ·and under the means There he was interrupted again and not allowed to testify to any­ that he adopted on that occasion no yellow fever appeared on the United thing else upon that subject. The judge-advocate, as will be seen from States reservation at that point. the record, objected to the question on the ground that the witness Captain Hopkins himself, as the evidence of Dr. Owen and Dr. Per­ states that he only knows the facts from conversation. The court then sons shows, was broken in health. He had been in Pensacola for two directed that the witness should reply to this question directly and years, that being his second summer there, and he had been advised by without preamble. The accused and witness re-entered the court and Dr. Owen to leave the yard in consequence of his health. The record were informed ef the decision of the court. The witness then an­ shows that Dr. Owen insisted upon his leaving the navy-yard and going swered: \ to some other point. My understanding of the length of time he was to be gone would depend · Dr. Owen insisted that an order should be issued that all of the offi­ upon- · cers and men at the navy-yard should have the liberty of leaving in Here he was interrupted again and was not allowed to testify or tell consequence ofthe threatened danger. Thatorderwasgrauted, and it what he knew. The witness was directed to confine himself to the included officers and men, sailors and mariD.es, who were sent to a question. He then answered as follows: healthy part of the country and remained out of Pensacola during the I do not know. · whole period that the yellow fever was there, or until after the frost came. Now the objection of the judge-advocate was that the witness must Dr. Owen insisted that Captain Hopkins, on account of the state of know of his own knowledge of the length of time the defendant was his own health, as I have said, ought to leave, and he recommended to be gone from the navy-yard, and this objection was sustained by the - . that he should have a leave of absence from the Navy Department. court. On the 1st of September, he having sent two days before this appli­ Now we say here in this reportahd I say on this floor that the court cation and this recommendation of the surgeon, he left the yard in committed a great error in ruling out the evidence: Intention on the part of others in the commission of a.n act could rarely be charge of an efficient man, a man that in 1883, the next year after this ascertained if witnesses in testifying are to be restricted to absolute knowledge occurrence, yielded up his life a victim to the yellow fever. In 1883 of the fact or intention. The rule of evidence admits the sayings and conversa­ the commandant of that yard that succeeded Captain Hopkins-I do tions of a person in the performance of a.n act in explanation thereof to be given not know who he was-was not as fortunate as Captain Hopkins was in in evidence; as if a. person departing on a journey- keeping the yellow fever out of the United States navy-yard, and it Which is the fact in this case- went there and there was a considerable number of deaths on account declares t-hat he is going to a certain place on certain business and t-o be absent a. certain length of time, these statements are clearly admissible as explanatory of it. On September 1 Captain Hopkins left the yard and went to Mor- of the act of performance and the intention connected therewith. ristown, Tenn. . On the 4th he asked again by· telegram for the leave of absence to be They are termed in law the res gestre, and can always be given as matter granted, but received no reply. Cn the 5th he again asked that the of explatation. How could it be ascertained in any other way? My leave be granted, but received no reply. He rsceived no response until friend fromillinois [Mr. CANNON] departs this night to his home or to the 6th, and the reply that he then received was an order detaching NewYorkor to Baltimore. And who can tell where he intends to go, him from the command of the navy-yard and putting him on waiting what he is going for, and how long he is going to remain unless his orders. declarations made at the time of starting are allowed to be proved? Now, there are two points first before we come to the main point in Now, this evidence was ruled out. Why? The presumption is-it this case. One point is that important and material evidence was ruled is not a strained one, at least-that if this witness, Lieutenant Welch, out bythe court-martial. Thefollowingquestion was asked Dr. Owen: had been allowed to go on he 'fOuld have stated that Captain Hopkins, Do you, or not, believe that I left only temporarily, and with the intention of in the hour of his departure, had told him be was not to be gone ex­ returning in case the sick-leave recommended by you was not granted? ceeding a week. Mr. CANNON. Will the gentleman from Georgia yield to me for a Now, Mr. Chairman, this is a very ~aterial question on the trial as to the question of guilt, and applies to the intention of Captain Hop­ question, because I want to get at the facts? On page 3 of the report, 'kins. But what was the result? The result is that to this question you set out the following: The :fifth question propounded to Lieutenant Welch, a witness for the ac­ the judge-advocate objected as an opinion upon which no facts had been cused, "What was your understanding of the length of time I was to be gone?"

Mr. CANNON. That excludes all conversation. On the 1st day of September, 1882, Captain Hopkins left the yard, Mr. BUCHANAN. Yes. having sent a request to the Department that he be granted leave of [Court cleared. The court directed that the witness will reply to this ques­ absence. That request was neither granted nor refused. On the 4th ne week in any successive two months without permission of tbe Secretary of the yellow fever having been excluded from the yard, Captain Hopkins ·the Navy. having taken these precautions beforehand, this court imposes upon him That gives the right to leave for one week without the permission of a penalty worse even than death to a man in his position. He had been the Secretary of the Navy. The defendant was the commandant of a an officer of the navy for thirty-one years; he had nothing but his pay to yard; that is not disputed, and the charges on record so state. Now, support himself and his family; yet after this length of service hewas "Wh.'l.t is the evidence to show that he lefttheyard without permission? turned out to encounter the world without any knowledge of any other .Here it is. profession er employm~nt whatever. After these years of service, after

• 4488 CONGRESSIONAL RECORD-HOUSE. MAY 24,

having gone through the late war, in which he commanded vessels, he gentleman ought not to go behind the finding of that board. He ought must be dismissed, although no harm from what he had done had a-c­ to confine himself to this case. crued to the service. Even if he had been guilty, would not suspension Mr. LYMAN. Mr. Chairman, the record just read shows, first, that •for one year·or two or three years without pay have been sufficient? this officer was in the year 1867 severely punished for dnmkenness But I deny that he was guilty; I deny that there is a particle of evi­ while on duty. The House will understand that drunkenness on duty dence or justification for the finding of :that court. • is a much more dangerous offense on the part of a naval officer-- Mr. LYMAN. 1\Ir. Chairman, I suggested to my honored friend Mr. EZRA B. TAYLOR. Will the gentleman allow me a question? _from Georgia. [Mr. BuCHAN.L~] the propriety of withholding this bill Mr. LYMAN. Yes, sir. because it is a thankless and painful task to speak against any man in 1\ir. EZRA B. TAYLOR. Does the gentleman think that Captain misfortune. I do so now only because my sense of justice and a regard Hopkins was properly punished at that time? to the good of the service require me to do so. I have been interested Mr. LYMAN. I wish to be excused from answering. in thi') case, and have obtained frOm. the Navy Department a portion Mr. EZRA :g_ TAYLOR. Well,' you can answer this: Do you think of the official record of this officer, which I ask the Clerk to read. he should be punished twice for this offense? The Clerk read as follows: Mr. LYMAN. I do not. June,1867,Capt. Alfred Hopkins, United States Navy, was tried by a naval 1\ir. EZRA B. TAYLOR. Then what relation has that matter with general court-martial upon the following charges: this, that you bring it in here now? CHARGE I.-Drunkenness on duty. CHARGE II.-Bca.ndalous conduct tending to the destruction of good morals. 1\Ir. LYMAN. If the gentleman from Ohio had listened to me and He was found guilty and sentenced to be suspended from rank and duty for not interrupted, or if he will listen patiently now a few moments, I three years on half his leave-of-absence pay, and to retain his present number think he will understand the reason why I do so. in the list of lieutenant-commanders. This sentence was approved by the De­ partment, but remitted to suspension for one year from rank and duty on half 1\Ir. EZRA B. TAYLOR. I would like to hear the reasons now, be­ of leave-of-absence pay. cause I must confess I am impatient to know what they can possibly December, 1867, the unexpired portion of his sentence was remitted. be to justify it. November, 1871, ordered to examination for promotion, but the board before which he appeared for examination having declined to recommend him for pro­ Mr. THOMAS. Will the gentleman from Massachusetts permit me motion, he was in January, 1872, placed on furlough until further orders. to answer for a moment in his time? · March, 1874, the order pla.cing him on furlough was rescinded. 1\Ir. LYMAN. Certainly. . May, 1882, he was ordered to examination for promotion, and commissioned as captain the same month. • Mr. THOMAS. I think I can give the gentleman from Ohio the September 1,1882, while.in command of the navy-yard, Pensacola, turned over reasons. This is a bill proposing to restore this gentleman to the Navy. the command to a subordinat.c officer, left his station without leave, and went Itis proper for the House, therefore, to consider the character of the man, to Morristown, Tenn., and reported his arrival, by telegraph, at that place to the Department on the 4th of that month, in consequence of which he was de­ and to take cognizance of every part of his record before determining tached from the Pensacola yard and placed on waiting orders September 6. whether it will again make him an officer of the Navy or not. October, 1882, he was ordered to appet\r before a naval general court-martial, Ur. LYMAN. I was about to say so in the natural course of my and was t.ried upon the following charges: CHARGE I.-Leaving his station without being regularly relieved. remarks when I was interrupted. But I will begin again. CHAR~E II. -conduct unbecoming an officer and prejudicial to good order and In 1867 or 1868 this officer was punished for drunkenness on duty, discipline. . which is an offense, as we all know, in a naval officer of a peculiarly He was found guilty of these ch.."l.rges, and on the 21st of November, 1882, dis­ missed from the naval service of the United States. perilous character; because when a man is on his ship and is in that con­ dition he may sink her to the bottom with all on board, a case of which [General Court-1\Inrtial Orders No. 50.] kind has recently occurred. NAVY DEPARTMENT, Washington, NO'Vember 21,1882. Second. In 1871 he was examined for promotion, and the board re­ I. Before a. general court-martial which convened at the navy-yard, Wash­ ington, D. C., November 8,1882,and of which R-ear-Admiral Andrew Bryson, ported him unfit for promotion. The committee will understand that United States Navy, is president, was arraigned and tried Capt. Alfred Hop- this means that he had not in the intervening time so attended to his kins, United States Na,vy. · CHARGE I.-" .Leaving his station before being regularly relieved." studies and the duties of his position as to fit him to pass an 'examina­ Specification. "In this, that on or about the 1st day of September, 1882, the said tion for a higher grade, which examination, as I am informed by gen­ Capt. Alfred Hopkins, United States Navy, being in command of the navy- tlemen who are familiar with the subject, is not of a very difficult ' yard, n~r Pensacola, Fla., did, without authority, place a subordinate officer in character. · command of said navy-yard, and leave his said station before being regularly relieved. This at a time when yellow fever was prevailing in the city of Pen­ Third. To come to the present matter before the committee. This sacola, Fla., and when the officers and others residing at and in the immediate officer was dismissed the service for leaving his post at the navy-yard vicinity of said navy-yard were apprehensive-of the approach of that disease." CHARGE II.-" Conduct unbecoming an officer n.nd prejudicial to good order at Pensacola without leave on account of the approMh of the yellow and di cipline." · fever. pecification.-" In this, that on or about the 1st day of September, 1882, the Now, let it be distinctly understood why the evidence was conSidered said C11.pt. Alfred Hopkins, United States Navy, being in command of the be of such an aggravated character. · It was because he left his post navy-yard nea r Pensacola, Fla., did, without authority, place a subordinate to officer in command of said navy-yard and absent himself from his command when the yellow fever was approaching; in other words, he left in an and duty at a id station, and did without permission from proper authority, emergency. l\Iy friend from Georgia LMr. BUCHANAN], whom I am proceed to Morristown, Tenn., where he remained absent without leave until the 6th day of September, in the year aforesaid, on which latter date he was re­ glad to recognize as one of the most able lawyers in this House, has lieved from duty as commanding officer of said navy-yard by order of the explained to us in a very lucid manner the law points involved in the Secretary of the Navy. This, at a time when yellow fever was prevailing in case. I am not a lawyer, and I should come to sit at his feet for such the city of Pensacola, Fla., and when the officers and others residing at and in the immediate vicinity of said navy-yard were apprehensive of the approach information. But perhaps I may give my friend a hint or two on the of that disease. ' military view of the case when I tell him that in a moment of c~is To which charges and specifications the accused, Capt. Alfred Hopkins, United or a moment of peril the common rules of the Army and the Navy States Navy, pleaded" not guilty." which permit an officer to take a vacation even of a week are known to FINDINGS. be suspended., The court, having maturely considered the evidence adduced, found the nc­ cnsed, Capt. Alfred Hopkins, United States Navy, as follows: 1\Ir. BUCHANAN. Show me the authority for the statement. Chrtrge I. Mr. LYMAN. It is well known as a custom of the service. Specification, '' Proved.'' 1\Ir. BUCHANAN. I want to see the L'tw for it. Of the charge, " Gull ty." 1\Ir. LYl\fAN. There is no law, but it is a well-known fMt, and I Charge II. Specification, "Prove4." will illustrate it in a way that will convince my friend from Georgia. Of the charge, "Guilty." Mr. McADOO. Will the gentleman from Massachusetts permit me SE).'TENCE. to make a suggestion in this connection? · The court thereupon sentenced the said Capt. Alfred Hopkins, United States Mr. LYM.AJ.~. If the gentleman from New Jersey will excuse me Navy," t{) be dismissed from the naval service of the United States." IT. The proceedings, findings, and sentence of the general court-martial in for a moment _I will finish my remarks, which will be very brief, and the foregoing case of Capt. Alfred Hopkins, United States Navy·, having been ap­ will then yield such time as he may desire. · proved by me,were submitted to the President of the United States for his ac­ I was going on to say that in an emergency it is perfectly well known tion. The following are his orders thereon, viz: that no officer is allowedorexpected to leave his post. Iwillillustrate - EXECUTIVE MANSION, NO'Vember 21, 1882. that by citing an example. General Griffin, the commander of the The sentence in the foregoing case of Capt. Alfred Hopkins, United States Navy, is hereby confirmed. Fifth Corps, a gallant soldier, was stationed after the war in Texas. The CHESTER A. ARTHUR. yellow fever approached and threatened the post, and be was advi ed by the surgeon and officers of his command that he could leave the post ill. Capt. Alfred Hopkins, United States Navy, accordingly ceases to be an officer of the Navy from the date of this order. if he chose, because the yellow fever was coming. He said in reply, WILLIAM E. CHANDLER, "Do you take me for a coward-a man who would leave his subor­ Secretary of the Na1YJJ. dinates in a place of danger and run away to shield himself?" 111r. Mr. TALBOTT. Will the gentleman from :Massachusetts [Mr. LY- Chairman, General Griffin was not a man of that character. He staid' MAN] yield for a suggestion? . at his post, for he knew that his duty required him to stay there, and Mr. LYMAN. Certainly. he died of yellow fever, and his only child also died of yellow fever at Mr. TALBOTT. When Captain Hopkins made application for pro­ that point. Thn,t is what he thought of his duty. motion it was necessary that he should be found fit for it mentally, Now, sir, in conclusion, I wish to say that I think it a doubtful morally, and physically. The finding in that respect by that board policy for any committee of this House to revise or to sit in judgment having been in his favor, and he having been promoted, I think the upon, as a superior court sitting upon an inferior court, the proceed-

• 1884. CONGRESSIONAL . RECORD-HOUSE.

ings of any court-martial unless there be peculiar reasons for doing so. selves, and where would this House sometimes be? No, sir; I pro­ I think it a dangerous thing, although I do not pronounce upon it. All test against any such argument or talk as that. I say here is that this officer. by his record which I have caused to be I proceed now to consider the present case. In 1882, Capt. Albert. read appears not to be efficient; appears to be one against whom Hopkins was in command of the navy-yard at Pensacola. It was not. charges have been made, and which charges have been substantiated­ averred against him except in the public newspapers that he left his; charges against an officer which would dishonor him in any other serv­ position there because ofany yellow fever. !twas not made a ground ice; and considering that the service is already overcharged, over­ of charge against him in this complaint or in these charges or specifi­ burdened with good officers against whom no charges lie, I think it to cations that there was any· fear on his part. And let me say here that. be a dangerous policy in this way to undertake to restore this gentle­ on the trial of this case before the court-martial the evidence showed. man to the service. And I wish to give notice here, for there are two or that there was no~ one single particle of yellow fever about the navy­ three other bills ofthis charaeter from the Naval Committee now on the yard when Captain Hopkins left. calendars, that against each of them I shall make objections similar l\1r. STEWART, ofVermont. Was it in the city? . to the objections I have made against this. I have the record of these ~1r. EZRA B. TAYLOR. The evidence showed the fear about the men at hand, and if these bills are put forward I will have the records yellow fever was ended. It is not true that this court-martial found read, as I have caused this one to be read. that to be the motive of his going. There is not a. single particle of" Now, if in order, I shall move to strike out the enacting clause of the evidence that that was the motive. But it was this: He was getting to. bill. be old, he bad been for thirty years in the service. He was borne down Mr. BUCHANAN and Mr. EZRA B. TAYLOR rose. with the burdens of the year preceding taken upon his shoulders, and The CHAIRMAN. The motion to strike out the enacting clause is the surgeon of the post and the assistant surgeon of the post said then. in order, and is not debatable. was the time he must take care of himself and that he should resort for Mr. LYMAN. If gentlemen wish to speak I have no desire to cut a few days' absence to the mountains of North Carolina or Tennessee. off debate. I withdraw the motion for the present, intending to renew Taking the advice of this Dr. Owen, the surgeon of the post, he tele­ it hereafter. graphed and wrote the Department here at Washington his situation Mr. BUCHANAN. I have only this to say to the gentleman from and seeing no danger existing there, and expecting to receive permis~ Massachusetts [Mr. LYMAN]. l have found him an unusually fair sion to visit Cleveland, he expressed a desire to go there, for it was there- man. But it does seem very strange to me that he brings as an argu­ he lived. · ment why this man is not restored to the Navy that we have too many . He went away under this direction of the physician, and waited in. officers in the Navy now. If he was an innocent man he should be re­ a. place of easy access from Pensaeola and from Washington. He tele-· stored. If he was tried for drunkenness in 1867 he has paid the pen­ graphed from that point to Washington, telegraphing where be was, alty for that. And if he failed in examination for lieutenant or some­ as he expected to receive an order granting him leave of absence. He· thing else, he did stand it creditably in the very May before he was had before that time received a letter saying that if he left on a. certain tried by this court-martial; and everything in relation to his charaeter occasion to turn the yard over to the officer next in command. After as an officer and a gentleman was then and there tried an~ decided. he had been 'lbsent :five days be was met by an order detaching him. The Government is barred by that judgment, and the:reopeningofjt is from the command of that yard. now estopped evermore. Mr. BLOUNT. I would like to ask the gentleman, for information, Mr. EZRA B. TAYLOR rose. from whom that letter was received? Mr. BUCHANAN. I had promised to yield :five minutes to the 1\lr. EZRA B. TAYLOR. What letter? gentleman from Ohio [Mr. FORAN]. Mr. BLOUNT. The gentleman refers to the fact that before Captain.. Mr. EZRA B. TAYLOR. I desire recognition in my own time. But Hopkins left the yard, on this occasion, he had received a letter direct­ I wish to say Ish~ occupy but a few moments, and will willingly yield ing him to turn the yard over to the next in command. the remainder of my time to my colleague from Ohio [Mr. FORAN]. l\Ir. E_ZRA B: TAYLOR. That was from the Navy Department, Mr. BUCHA..l~AN. I reserve the remainder of my time. general rnstruction from the Secretary of the Navy to whom to turn Mr. EZRA B. TAYLOR. ~Ir. Chairman, I myself am inclined al­ over the yard ifhe left. That is my recollection of it; I have not read ways, unless compelled otherwise, when a case has been decided by a tri­ the papers in this case for some time. bunal having jurisdiction of it, to allow its decision to remain final. That being the fact, there being no intention to shirk his duty, there­ I am ordinarily opposed to one department of this Government inter­ being no charge of any kind resting against him, this officer having: fering with another. But I may say in passing, if there is any excuse been promoted the year before because he was worthy of it, having had in the world for the interference of Congress in matters of any kind a long period of service, thirty years, in the Navy, he was brought to­ which have been adjudicated by a tribunal it is when they have been this city and trie~ by a court-martial. He employed no lawyer in his· adjudicated by a tribunal known as a court-martial, administered by defense. a body of men not lawyers, moved more than almost any other class I say there was no evidence against him of any kind except the dis­ of citizens by personal feeling and personal interest. Such judgments patches and papers to which I have referred, and the evidence of the­ do not bring to us the sanction that judgments of another kind ordi­ surgeon and of the officer to whom he turned over the command. When narily do. Hence in my opposition to interfering with the judgment he talked with the surgeon, Dr. Owen, as to where he was to go, why of such a. court in the Fitz-John Porter case I never urged that as a he was to go, and how long he was to go, Dr. Owen knew exactly from reason in that case, and I do not like to hear men urge that reason now that conversation what his intentions were. Yet when he came before­ who failed to feel it then. the court-martial the mouth of Dr. Owen was shut, because Captain Mr. Chairman, a. somewhat peculiar line of argument has been fol­ Hopkins was unaware of the legal way in which to get at that testi­ lowed here-I do not know but it is right; I confess it must be right or mony. the courtesy of the gentleman from Massachusetts would not have per­ Lieutenant Welch, the second in command, was the one to whom. mitted him to indulge in it. He does not base this case that we now Captain Hopkins turned over the navy-yard. He talked with him in. have before us upon the merits of itself, but has gone back into the reference to why he was going, where he was going, and how long he­ character of the man as a make-weight in reference to the propriety of intended to stay. When Lieutenant Welch was before the court-mar­ this decision. As a lawyer, sir, I protest against it. If we are trying tial and the question was put t.o him the court overruled it and ex-· this case mainly as a matterofreview, which I thinkwe are, weshould eluded his allSwer. confine ourselves to the case itself. If it were a. matter involving pro­ Now, I do not doubt but that had Lieutenant Welch been asked this. motion, then it might be that such argument might have weight. Let question: ''How long did you understand that Captain Hopkins was to­ , me, however, refer to these matters for a single moment. stay away?" he would have answered that it depended upon whether· In 1867 this man was found guilty of intoxication. rn·1882he was he got leave from the Department to go to Cleveland; if he did not get. tried for another offense. Was he rightly and properly and legally tried that leave he would be back within a week. That was the conversa­ then? The gentleman from l\Iassachusetts does not and dare not argue tion. · that he was; and no other gentleman will dare to say so. Mr. BLOUNT. Does that appear of record? · Mr. LYMAN. I beg the gentleman's pardon. I did argue that he 1\lr. EZRA B. TAYLOR. Not expressly and distinctly of record, but. was. it appears from the circumstances of the case. LieutenantWelch.was Mr. EZRA B. TAYLOR. The argument was so smallitdidnot rea<~h the second in command. When Hopkins was going · away he had a.­ my comprehension. I say in 1882 he was tried again. In 1867 he was conversation with Welch, told him where he was going, and left him suspended. In 1881 or 1882 he was promoted. Presumptively he had in command. How long was he to be gone? That depends. been right during those years. Presumptively he bad been guiltless of Now a word or two in reference to the main matter. This court­ that offense. And why bring it up now? martial found as a matter of fact-and there is no evidence against the­ Mr. Chairman, I believe that I have as wide a charity as most men. finding; there is no evidence except the two or three pages of this rec­ God knows I have needed to have the mantle of charity thrown over ord, and that consists mostly of the letters and telegrams in the case--· me, and I do protest against the injustice and the cruelty of this at­ the court-martial found that he had been absent for :five days. Now tack. It means nothing else, and may I say it was intended for noth­ the regulations of the Department contain this provision: ing else but an injury behind which there is no good reason? Take A commander-in-chief of a squadron, and a co=andant of a yard or station in the United States, will not leave the limits of their command longer than one­ this House, sir, in the discharge of its duty, let every man here deny week, in any successive two months, without permission of the Secretary of the the same charity to this gentleman that they would take for them- NaYy. · '

' 4490 CONGRESSIONAL RECORD-HOUSE. M.A_y 24,

Captain Hopkins left it for but five days without that permission, First question by accused. Where were you on duty during July and August last? and was in momentary expectation of receiVing that permission, accord­ Answer. Navy-yard, Pensacola, Fla. ing to a previous understanding. The whole crime of which .this man. Second question. Where was!- was convicted consists simply in the fact that he had been away five These questions are by Captain Hopkins, who was acting as his own days, when by law he had a right to be away for seven days. There counsel- was nothing attributed to him in the way of motive or intent, but he Where was I on duty during the same ~ime? was convicted when he had been in the exa~t line of his duty. I assert Answer. Navy-yard, Pensacola, Fla. to this committee, and to every member of it, that it is the absolute fact Third question. What was the state of my health during July and August last? that there was no crime committed by this man under any circum­ Answer. 1\lliserable. stances, noviolationofthe law, no violationofthe regulations, but that Fourth question. Was I or was I not utterly unfit for duty when I lefU he was actually, ~xactly, and all the time within the limitofthelaw. Now here is the answer: Nowwhat is the answer given to the complaint that this great wrong Answer. Totally unfit for duty. was 'committed against this man? It is that in 1867 he was found Fifth question. Did you or not advise me to go North at least six week sbefore guilty of drunkermess while on duty. It pains me exceedingly to say I left and several times subsequently? Answer. I did. this, but I must say it as a matter of duty to myself. It is not said Sixth question. Did you or not consider it necessary for me to leave at once and can not be said that this court-martial did not violate every prin­ at the time I left? ciple of law and find this man guilty of an offense that he could not Answer. I did. Seventh question. Was or was not the boat on which I left supposed to be the have been guilty of, that there was no sort of suspicion that he was last opportunity that would occur? guilty of. He had been· away less time than he had aright to be away. Answer. It was. Yet that finding is defended upon the ~ound that at some other time, Eighth question. Was or was it not exceedingly doubtful, until late on the evening of the 31st, whether the boat would come back a.t all? twenty yea.rs.·ago nearly, he had committed an indiscretion which is Answer. Very doubtful. regarded as pardonable in others and sometimes pardonable in many. Mr. STEELE. Why was it doubtful whether the boat would come I said that I would yield my time to my colleague from Ohio [Mr. back again? FoRAN], but my friend from West Virginia [Mr. GoFF] wishes a few minutes. I will ask him how much time he wants? Mr. GOF.F'. It was understood it would not be permitted to come :Mr. GOFF. Say five minutes. back under the order, on account of the yellow fever. Ninth question. Did you have any difficulty in persuading me to go? Mr. EZRA B. TAYLOR. I will yield five minutes to the gentleman Answer. I did. from West Virginia and then yield the rest of my time to my colleague. Tenth question. Do you remember my principal objection to going at the Mr. GOFF. As a member of the Committee on Naval Affairs, I have timei did? If so, please state it. Answer. His principal objection to going was fearing that the Department examined the case under consideration, and have given it a patient in­ would not approve of his leaving the station. vestigation while it was before the committee. I must say that when Eleventh question. What did you suggest as against that reason 't I commenced that investigation, and even some time after I had begun Answer. I suggested that if the Department did not approve he could return. Twelfth question. Do you say that my principal reason for not going was the it and had heard the facts presented by the friends of this man and by fear that the Depattment would not approve my going at all, or that it would officers, I was in some doubt as to the propriety of relieving this of­ not approve the recommendation for sick-leave sent? ficer; but after I had studied the record, after I had considered the Answer. That it would not approve of his going at all. situation in which this officer was at the time when this dereliction was Now, I have read this for the purpose of showing that for six weeks charged to have been committed, I changed my opinion, if I had this officer had been in such a condition that he could not discharge in formed one, and I have come to the conclusion that this bill should that exigency the duties which my friend from Massachusetts alludes to. The surgeon in charge had advised him to leave the yard; told him ~~w, it seems to me my usually justfriend fromMassachusetts [Mr. that it was best that he should go. They did not think at that time, LYMAN] is, I have no doubt unintentionally, unfair in this particular and owing to the circumstances they anticipated wouldoccur, thatthis instance. Whatever may have been the demerits of this particular of­ officer was in a proper condition to assume the responsibility of con­ ficer previous to ''the late unpleasantness,'' I say that in view of his tinuing in charge of the yard. record as shown bytheRegister oftheNavyDepartment it is not afair Mr. BRUMM. Will the gentleman permit me to ask him if the thing to arraign him in this way. yellow fever had existed or was threatening six weeks previous? If his official character has been such as to warrant this Congress in Mr. GOFF. It had been threatening some time before. reinstating him, we can ascertain that from the register of the Navy De­ Mr. BRUMM. As I understand, it only threatened a short time be­ partment better than from the isolated record of a court-martial. And, fore he left. Mr. Chairman, going back to the year 1857, when this officer was ap­ ?tir. GOFF. It had threatened sufficient time for the navy-yard pointed, and coming down to the present time, you find only this blemish there to be gotten into proper shape for it, and the Department here to of1867and this supposed blemish of1882. Subsequently to the blemish communicate with it upon the subject. 1 of 1867, for which, as bas been well stated, he has been fully punished, Mr. BRUMM. How long had it threatened before this gentleman I he was called before a board of bis superiors, examined, and certified left his post? to be worthy of promotion. Mr. GOFF. I do not remember the exacl time. This officer, who was thus examined and certified to be worthy of Mr. BLOUNT. Let me ask the gentleman from West Virginia if it promotion, has had eighteen years of continuous service at sea since lie does not appear from the testimony that the object of this officer in has been an officer of the Government. leaving before getting a reply from the Secretary of the Navy in re­ Mr. BLOUNT. Is not that an unusual amount of sea-service? sponse to his application for leave, and requesting that it be sent to him Mr. GOFF. It is. He was a gallant officer. Up to the time in at another point than the navy-yard, did not grow out of the fact that .question he discharged every duty that was laid upon him with fidel­ this was the only opportunity which he would have had for leaving, be­ ity and honor. cause the vessel would not be allowed to return? Now, it has been said that he was at one time drunk while on duty. Mr. GOFF. Yes, sir. We can not go back of the record upon that matter; there ~no effort Mr. FORAN. Mr. Chairman, I do not propose to enter into a dis­ to do so. But Captain Hopkins has atoned for that offense. He has cussion of the merits of this bill at all. That has been sufficiently done been punished for it. He has ·performed admirable service since that by the gentlemen who preceded me. I suppose nearly all of the gen­ time. If all the men who have been guilty of this offense--soldiers, tlemen here present have read the record, the memorial, and the proofS sailors, or statesmen-are to be arraigned and disgraced, and if it is in this case. No gentleman who has read itcancometoanyother con­ left to this House to determine upon these cases, our time from now clusion than.that great· injustice and wrong has been done to Captain till the end of our term will be taken up in the consideration of such Hopkins and that the wrong should now be remedied. The gentlemen charges. on the other side really concede that the trial of Captain Hopkins was One other point. It is demonstrated beyond all question by the rec­ manifestly unfair. oOrd of this court-martial that this officer, who is held up before us as My predecessor in this House, 1\Ir. Townsend, of Cleveland, intro­ having escaped from duty, as having fled from the position which the duced a bill for the relief of Captain Hopkins during the second sP.ssion Government confided to him, was not at the time in a condition to as­ of the Forty-seventh Congress. That bill was never reported from the -sume the responsibility that my friend from Massachusetts says was committee,. owing, perhaps, to the appropriation bills being in the way devalved upon him. · and also the tariff discussion, which occupied so much time last winter. [Here the hammer fell.] Now, Mr. Townsend all of the older members of this House know to be Mr. GOFF. I would like to occupy a few moments more. a man of honor, of honesty, and strict integrity. He introduced the Mr. FORAN. I yield the gentleman five minutes. . bill after thoroughly and carefully looking the subject over. I was Mr. GOFF. I ask the attentionoftheHousetopage38oftheprinted also asked to introduce a bill for the same purpose at the opening of !l'ecord of this court-martial. Snrg. A. M. Owen, United States Navy, this session. I read the testimony, record, and brief in the case, and the surgeon who was in charge at the Pensacola navy-yard, was ex­ became satisfied in my own mind that Captain Hopkins had been un­ amined before this court-martial, and I read from his testimony: justly dismissed and that he should be restored and that such restora­ Question. Do you recognize the accused? tion was warranted by all the facts in the case, and would be but a simple .Answer. I do. Capt. Alfred Hopkins. act of justice to a good officer and a much-injured man. Thereupo:a I 1884. CONGRESSIONAL RECORD-HOUSE. 4491

introduced the bill. Captain Hopkins lives in Cleveland, the district come down to the actual gravamenofthecharge. It was this: that he I have the honor to represent in this House. I have not the pleasure left because yellow fever was approaching. That yellow fever was of Iris personal acquaintance, for he has been since his dismissal con­ there right in the immediate vicinity they all admit. So dangerous fined to his house by sickness; but I have taken special pains to inquire was it, in fact, that the-boat on which Captain Hopkins left would not .among his acquaintances and neighbors as to his character andsUl.nding be j>e:Cmitted to return again. That is the best evidence, in my judg­ in that city. , ment, that there was great danger and that that was the reason why Sir, from all of the information I have been able to obtain upon these Captain Hopkins left. inquiries I can come to no other conclusion than that he is a man of Now, the additional testimony that has been before the committee ·exceptionally high character and of exemplary ~abits, and all those was only upon the subject of his intention, not as to why he left, but who know him speak of him in the highest terms, and his immediate as to how long he was going to stay away. And the question as to the friends, those who know him in association and outside of associations, time he was going to stay away is not material at all. It does not enter have sent me dozens upon dozens of letters testifying to his uniform into this case. The question is simply as to why he left. If this House good character and habits. believes Captain Hopkins left because there was yellow fever, the ques­ I have but a word to say in reference to the remarks of the gentle­ tion how soon he intended to return is not material. And inasmuch ·man from Massacpu.setts [Mr. LYMAN], a gentleman who hasbeenal­ as that fact was traversable before the court which tried him, and that ways characterized here by his fairness and his courtesy, in his refer­ court found he left because there was yellow fever, and there is no evi­ ence to the fact that Captain Hopkins was examined for promotion in dence to show he did not leave because there was yellow fever, we have 1871 and failed. He makes the statement that his application forpro­ no right, I submit, as a court of appeal to exonerate him on the prop­ motion was then rejected. That perh~;tps was true. But the gentle­ osition as to the length of time he intended to stay away. man from Massachusetts ought to have had the candor to state also Mr. RAY, ofNewYork. DoiunderstandthegentlemanfromPenn­ that when Captain Hopkins again applied for prOPlOtion in 187-5, and sylvania to assert that it was a violation of the law of the Navy for passed the examination for promotion at that time, his examination was Captain Hopkins to leave simply because he was afraid of the yellow -dated back to 1871, when he had first made application for promotion, fever? showing conclusively that the board which examined him in 1875 rec- Mr. BRUMM. Yes, sir. • ognized that he ought to have been promoted in 1871. I repeat, I Mr. RAY, of New York. Wait a moment. Hear my question out. -think the gentleman ought to have made that statement. Mr. BRUMM. My time is limited. The gentleman from Massachusetts also said that there are a great Mr. RAY, of New York. If he had a.right to leave for a week, and ·many good officers in the service now, that the service is overcrowded was not gone a week, did that make any difference aa long aa he had with good officers, and that Captain Hopkins ought not to be restored a right to leave for that time? upon that account, because perhaps thereby there will be another ad­ 1\fr. BRUMM. As to his having a right to leave for one week, that is ·dition to the corps. I submit to the candor and sincerity of the gen­ a technical matter. It is the very highest military crime for a military .tleman from Massachusetts that even if that statement were true it man to be a coward. If a man shows cowardice, leaving his post be­ furnishes no conclusive reason why an injustice that has been done to cause it is threatened by yellow fever, he is guilty of the highestcrime a man should not be undone. I think the statement was not calcu­ known to military or naval law in this or any other country. lated of course to appear in that light, but that is the impression it Mr. GOFF. Will the gentleman allow me a moment? . made upon me. I trust the committee will come to a vote on this Mr. BRUMM. If you will give me more time, I will. But let me question at once, .as I do not care to trespass further upon its time, finish this proposition. The question aa to the technical right to leave 'Jmowing that the Naval Committee have many other matters they desire and stay away six or seven days is nota material question. The grava­ -to call up. I am satisfied this matter can be safely left to the judg­ men of the charge is the reason why he left. • The q n estion was not a ment of those who l}ave investigated the case. material element in the caae when he left. Mr. BUCHANAN. I move that the bill be laid aside to be reported 1\Ir. GOFF. None of us will take issue with you in the proposition favorably to the House. you lay down. Theonlyissueisastowhetheror not it is applicable to Mr. LYMAN. I yield ten minutes to my friend from Pennsylvania this case. Now, will you tell me where in the evidence of this case there IMr.BRUMM]. . is anyproofat all that this man leftonaccount of the prevalence of the The CHAIRMAN (MT. TOWNSHEND in the chair). The chair un­ yellow fever? · · derstood the gentleman from Massachusetts to have surrendered the Mr. BRUMM. The evidence of that is in the :finding of a court of -floor without reserving his time. competent jurisdiction. Mr. LYMAN. It was my desire to reserve the remainder of my time, Mr. GOFF. That is evidence, is it? Does the gentleman call that and I presumed that I was entitled to it. evidence-the :finding of a court. The CHAIRMAN. The present occupant of the chair was not pres­ Mr. BRUl\IM. The finding of a court is the best evidence, and it is , · ·ent at that time~ If, however, the gentleman states that he reserved the finding of a court of competent jurisdiction. the time, the chair will of course recognize him. ~r. GOFF. There is the evidence of the surgeon who insisted on Mr. COX, of New York. Will the gentleman from Pennsylvania this man going away on account of his physical inability to discharge ,[Mr. BRUMM] consent that debate be limited for ten minutes without the duties of his post. -the committee rising? Mr. BRUMM. · Yes; he did so, and for six weeks before. But Cap­ Mr. BRUMM. Yes, sir. tain Hopkins did not go·until he found the last boat was about to leave. Mr. TALBOTT. I ask unanimous consent that all debate on the That is the ~uble. When he waa assured he could not go unless he. 1Jill be limited to ten minutes. went by that boat, be went then. Mr. LYMAN. I have no objection to that. Mr. GOFF. That is a mere assumption on your part. The CHAIRMAN. If there be no objection that order will be Mr. BUCHANAN. I understood that when it was ordered that de­ -made. bate should close in ten minutes the time was to be divided between There was no objection. the two sides. Mr. BRUMM. It seems to me that the main point in this question The CHAIRMAN. The gentleman from Massachusetts [Mr. LY­ .has escaped the attention of gentlemen on both sides of this House. MAN] was entitled to the floor and yielded ten minutes to the gentle­ The statement is made that the innocent will suffer, that the family of man from Pennsylvania [Mr. BRUMM].' And then all debate was lim­

The CHAIRMAN. The time :fixed by unanimous consent of the tion of additional war vessels; the bills and resolutions to be considered in the · committee for debate upon this bill has expired. order agreed npon by the committee. Mr. BUCHANAN. I move that the bill be laid asideto bereported Mr. CANNON. What is "the order agreed upon by the commit­ favorably to the House. tee?" Mr. LYUAN. I move to strike out the enacting clause of the bill. The CHAIRMAN. The Chair is of opinion that the Committee on' The motion of Mr. LYMAN was not agreed to. Naval Affairs is authorized to call up such bills as they may select. The question was taken upon the motion of Mr. BucHANAN; and Mr. COX, of New York. I am authorized by the Committee on upon a division there were-ayes 99, noes 13. Naval Affairs to call up bills. Mr. STEELE. No quorum has voted. 1\Ir. CANNON. I should like to see the order of the committee, as. Tellers were ordered; and Mr. BucHANAN and Mr. STEELE were ap- evidence of the action of the committee. Mr. COX, of New York. This bill is called up according to our· ~~~~mmittee again divided; and the ·tellers reported that there order. were-ayes 137, noes 37. . . . Mr. CANNON. What is that order? . So the motion was agreed to; and the bill wasla1das1de to be reported Mr. COX, of New York. I have itp.erein my hand. favorably to the House. The CHAIRMAN. The Chair takes it for granted that the gentle­ ' ORDER OF BUSINESS. man representing the Committee on Naval Affairs is acting by order of· that committee. The Clerk will read the bill. Mr. TALBOTT. I am instructed by the Committee on Naval Af­ The bill wa.s read, as follows: fairs to call up as the next business .for consideration t?e bill (H. "!1-· Be it enacted, &c., That that part of the aet approved August 5, 1882, limiting: 1408) limiting a portion of an act entitled ".An ru:!t making appropria­ the number of graduates of the Naval Academy to be retained in the service in. tions for the naval service for the fiscal year ending June 30, 1883, and each year shall not apply to those classes who had completed the four years'. course.at the Naval Academy prior to the passage of said act; and those mem- · for other purposes.'' · hers of the class of 1881 who have been honorably discharged under the pro-­ The CHAIRMAN. The Chair would inform the gentleman that the visions of the aforesaid act may return to the service and take their plaees on bill which he has indicated is in Committee of the Whole on the state the Naval Register in the same manner a.s if said part of such act had not been• of the Union, and can not now be considered except by unanimous con- passed. sent. · The Committee on Naval Affairs recommend that the bill be amended ' Mr. TH0111AS. I object. by adding to it the following: Mr. TALBOTT. Under the order of the House the Committee on SEc. 2. That eaeh cadet re-entering the service under the provisions of this act Naval Affairs have selected this bill as next in order for consideration. shall be charged with the sum of $950, it being the amount paid each of them upon their discharge; that one-third of !!&id sum shall be deduc~~ from. the first The CHAIRMAN. But the bill is in Committee of the Whole on year's pay, one-third from the second year's pay,and the remammg thu-d from the state of the Union, while the House is now in Comrriittee of the the third year's pay. And that hereafter there shall be allowed at the Naval Academy five cadets at large and one from the District of Columbia, to be ap­ Whole on the Private Calendar. pointed by the President of the .United States, and a number of cadets equal to-· Mr. TALBOTT. Then I move that the committee now rise. one-half of the number of Representatives in Congre s from tbe States and The motion was agreed to, upon a division-ayes 90, noes not Territories, or as near thereto as may be; that two adjoining Congre. ional districts rating numerically shall constitute a cadet di trict, and the ~ngres­ counted. sional district having the first vacancy shall be entitled to the first appomtment, C.APT.AIN .ALFRED HOPKINS. the appointment to alternate thereafter. SEC. 3. That the odd district in States, and States having but one Congres-­ The committee accordingly rose; and Mr. SPRINGER having resumed sional district, the Territories, and the District of Columbia shall be entitled to an the chair as Speaker pro tempore, Mr. Cox, of New York, reported that appointment once in every twelve years, instead of six years, as now provided. the Committee of the Whole House on the Private Calendar had had by law; that in case of adjoining Congressional district comprising a cadet dis­ trict having vacancies at the same time, the district being first numerically shall. under consideration the "bill (H. R. 2552) for the relief of Captain Alfred have the first appointment, the appointments to alternate thereafter; that in Hopkins, and had directed him to report the same to the House with a case of a vacancy the said vacancy shall be filled from the Congressional district recommendation that it be passed. or Territory from which the original appointment was made. SEc. 4. That nothing herein contained shall be construed so as to prevent the Mr. BUCHANAN. I call the previous question on the bill. nomination and appointment of cadets to fill vacancies now existing at the The previous question was ordered, and under the operation thereof academy, or that may occur between now and the 15th day of May, A. D.1884, the bill was ordered to be engrossed for a third rea.ding; and it was ac­ or to cause the dismissal of any cadet now at the aeademy except for cause. cordingly read the third time, and pas ed. SEc. 5. That all laws inconsistent herewith are hereby repealed. • Mr. BUCHANAN moved to reconsider the vote by which the bill Mr. TALBOTT. Mr. Chairman, the act of August 5, 1882, making. was passed; and also moved that. the motion to reconsider be laid OJ?- appropriations for the naval service-- the table. · Mr. THOUAS. I ask that the report of the committee be read. The latter motion was agreed to. The CHAIRMAN. If the report be read it will comeout ofthetime· of the gentleman from Maryland. RESTORATION OF N .A V .AL CADETS. Mr. TALBOTT. Then I decline to yield for that purpose now. Mr. TALBOTT. I am instructed by the Committee on Naval Affairs The act of August 5, 1882, making appropriations for the naval serv­ to ask consent that the Committee of the Whole on the state of the ice continued in addition to the regular appropriations for that purpose· Union be discharged from the further consideration of the bill (H. R. a proviso limiting the number of graduates from the Naval Academy 1408) limitingaportionofa.nact entitled " .Anadllk'l>kingnppropriations to be thereafter retained in the service to the number requisite to fill for the naval service for the fiscal year ending June 30, 1 83, and for the vacancies in the various grades above; and it also provided that at. other purposes.'' least ten should be retained in the service. · Mr. CANNON. I object. At the date of the passage of that act the class of 1881 were at sea;. Mr. TALBOTT. Then I move that the House resolve itself into they had not the opportunity to resign from the service; they had not. Committee of the Whole on the state of the Union for the consideration the opportunity to qualify themselves for the final examination, hav-· of the bill I have indicated. ing already graduated with credit to themselves at the end of four years' The motion was agreed to. service. When they came ba.ck a number of them, seventy-one in all, The House a{XX)rdingly resolved itself into Committee of the Whole were mustered out, only so many being retained in the service as were· House on the state of the Union, Mr. TOWNSHE~-rr> in the chair. necessary to fill vacancies in the various grades above. Mr. TALBOTT. I now call up the bill I have indicated. Now,.Mr. Chairman, I hold that the act of 1882 was retroactive. Mr. CANNON. I rise to a parliamentary inquiry. Whenever a cadet enters the service of the Government the Revised.1 The CHAIRMAN. The gentleman will state it. Statutes provide what shall become of him upon graduation, that he Mr. CANNON. What is the first bill to be now considered? What is shall be assigned to duty by the Secretary of the Navy. This was the­ the first bill on the Calendar? contract with these young men, that if they behaved themselves prop­ The CHAIR~IAN. The gentleman from Maryland [Mr. TALBOTT] erly, if they were competent mentally, morally, and physically to dis-· has been recognized to call up a bill from ~he Committee on Naval Af­ charge the duties of their positions, they should be retained in the· fairs. service. These gentlemen come now to Congress and ask that this in­ Mr. CANNON. I understand that we are now in Committee of the justice perpetrated upon them be corrected. They admit that Con­ Whole House on the state of the Union. gress had the power but not the right to enact such legislation. The CHAIRMAN. For the purpose of considering bills reported l\Ir. Chairman, we are told that to dothisactofjusticenowproposed from the Committee on Naval Affairs. is going to cost this Government a ·fabulous sum of money. The Secre­ Mr. COX, of New York. The resolution of the House fixing the tary of the Navy has made a statement on this subject, and he under­ order of business for to-day indicated the order in which that business takes to show, I believe, by calculations something like those the in­ should come up. surance men make, that if these young men be put back in the Navy­ The CHAIRMAN. The Chair will direct the Clerk to read the order they will become rear-admirals, commodores, commanders, lieu tenants, of the House for to-day. &c. But, sir, the law regulates the number of these officers that shall The Clerk read a.s follows: be in the various grades of theNavy on the active-list, and provides that· de~~:Iet; ~!:id:~J~~ ~~ ~iJ1~~~· !:o1u2J~~~~:U!d0fu:!g t~~~~~ when a vacancy occurs in any of these grades it shall be filled by the­ mittee on Naval .Affairs, and bills and resolutions on the Speaker's table over appointment of an officer from one of the lower grades. That is the· which said committee has jurisdiction, except bills providing for the construe- law. 1884. CONGRESSIONAL RECORD-HOUSE. 4493

Then the Sec;etary of the Navy goes on with his calculations, and tells is to be given when he graduates a position in the Navy of this Gov­ iUS that this measure will cost the Government nine or ten million dol­ ernment-to be, in other words, a life officer of the United States Navy. lars before we get through. But, Mr. Chairman, the fact is that these There has never been a case up to the time when this amendment _young men take their grade as junior ensigns in the various corps. of was put upon an appropriation bill by which these cadets were dis­ the Navy, and will never get above that grade, except when vacanCies missed where an officer was cashiered from the naval service of the ·OCCur in the higher grades, when promotions are made. But by this United States after he had passed the examination required by the bill the number of officers allowed to any grade is not increased. All academy unless he was dismissed for cause, and there are reasons why -that these young men would gain by this legislation is retention in the this should be so. He makes it his life business. He enters thea-cad.­ .service until they are regularly promoted. emy for that purpose. He goes to the academy, and what kind of an Sir, I submit that this bill is calculated to reduce public expendi­ education does he there acquire? He is especially educated to be a -tures. It needs this "hue and cry" that the officers of the Navy are naval officer, not for civil life; and, sir, after an examination on my -too numerous. Let us begin reform in the right direction. If young part I am thoroughly satisfied that the education there obtained does men are to be educated for the Navy and retained in the service, let us not fit him generally to take part in the ordinary avocations of life, ·educate only the number actually required. In accordance with ~his but it is to fit him solelyfor·the naval service. He is educated in navi­ idea the bill provides that hereafter there shall be at the Naval Academy gation, in mechanics, in mathematics, but the focal point of his educa­ only one-half the number of cadets now allowed by law. I am satisfied tion is that he shall be able to command men and that he shall be that if this change be made in the law the number of graduates will be thoroughly competent to navigate ships. just about sufficient to fill the vacancies in the various grades. · Now, in this case, so far as this bill is concerned, if he has undergone I say this bill is in the interest of economy. It costs over $600 a year ~he severe mental training of the academy, after passing various other to educate one of these cadets. Hence there will be a very considera­ examinations, after successfully passing the most severe tests of aca­ ble saving in the expenses of the Naval Academy by the reduction in demic scholarship, a standard probably the most severe of any educa­ the number ofthese cadets. At the sametimetheGovernment by the tional institution in this country, he may become a graduate after a passage of the bill is enabled to do an act of great justice to these young four years' course. This bill presented by the Committee on Naval men who have been wronged. Affairs applies only to naval graduates who were at sea at the time of Mr. WHITE, of Kentucky. Will thegentlemanansweraqu·estion? the passage of the act to which I have referred. But I want gentle­ Mr. TALBOTT. Certainly. men of this committee to recollect that there are really two gradnations. Mr. WHITE, of Kentucky. Doiunderstand the gentleman to argue The young man is four years at the academy, during which he is com­ that when the Government has spent 600 a year for four years in edu­ pelled to pursue the studies fixed at that institution. He is examined cating each of these young men-- severely upon them all,-and after passing the academic test he goes to Mr. THOMAS. For six years. . sea for two years for the purpose of studying navigation_ When he 1\Ir. WHITE, of Kentucky. That if the Government does not after­ comes back from that sea service he is again examined. Now, when ward keep them in the service it has broken a contract with them? the appropriation bill alluded to was passing this House it had tacked Mr. TALBOTT. Yes, sir; I do take that position, and I mean to on to it a provision discharging not the young men in the academy, but say that such a contract as this, if it were between individuals, would the young men who had passed the academic examination and were at be enforced by any court of equity in this land. sea. Mr. TULLY. Does the Government enter into a contract with its To my own knowledge one young man who had. passed this severe officers? mental ordeal at the Academy, and who was on board of the flag-ship 1\Ir. TALBOTT. It does not, butitentersintoacontractwith these Lancaster at the port of Trieste, in Austria, learned for the first time boys entering that academy from private life. at that place of the passage through this House of an appropriation lli. TULLY. Then they are to be kept by the Government during bill on which a provision had been tacked whi

1 of justice these men should not be reinstated in the service of their of the Government, our committee can not aid by appropriations the country. restoration of the Navy; that is for the Appropriations Committee. Shall we refrain from doing justice to these men because theNavy is We can advise as to the efficiency required. We can not reaeh the "flop-heavy? Shall we blight their lives? Shall we break the faith of purse. The question which confronted and puzzled me was this: Shall this great Government? Shall we send these men back into the ordi­ we restore these men who have already been retired by the action of nary avocations of life, for which four or five years Of service in the Congress? I believe it would be unwise to do so. Because it adds to academy and on sea. have unfitted them, simply because the Navy is the overweight and inutility it is unwise. top-heavy? It is too late tourgethatproposition now. When the bill I do not find fault with those honorable gentlemen here who oppose was passed, if I had been a member of this House as I am a member of this view. They have nominated young men to the Naval Academy. it now, and ifa bill had been presented to me to cutdown the number of They feel a proper interest and pride in them and their future. They graduates, to cut down the number of applicants, to cut down the number feel as if good faith requires that they should be retained to the end of of students, and by a just measure to decimate the ranks of those who their term. I do not complain of those gentlemen, for they are lean­ overload and make top-heavy the official register of the Navy,_I would ing on the side of generosity and kindness to their proteges and con­ have given my vote and voice in favor of it. But I will not give my stituents. But I speak for the Government, for good service and rigid vote and voice in favor of doing injustice even to save the Treasury or · economy. to make less top-heavy the American Navy. [Here the hammer fell]. Mr. WHITE, of Kentucky. Will the gentleman yield to me for a Mr. THOMAS addressed the House. [See Appendix.] question? Mr. BELFORD. I am utterly opposed to this bill. [Many cries Mr. McADOO. Yes, sir. of "Vote!" "Vote!"] Now, gentlemen, if you undertake that game Mr. WHITE, of Kentucky. It has been said by the gentleman from with me I will insist on a quorum; and you have not got it, and you Maryland thatthisis a matter of good faith, and that we violate a con­ have not had a quorum five times in five weeks; and yet you have tract if we do not restore these gentlemen. Now I ask you if we can your seventy-six majority in this House. Now, you take your tactics afford to break faith with half and not with all; if we can afford to and I will take mine. keep faith with a few and not with all? And if we keep faith with all, Mr. WHITE, of Kentucky. I rise to a question of order. how many millions of dollars will it cost? The CHAIRMAN. The gentleman will state it. Mr. McADOO. For myself I have to say this: I would prefer to Mr. WHITE, of Kentucky. The point of order that I make is that stand upon the bed-rock of principle. But I did not see that this bill there is no order on this floor. We should have order when we are dis­ could pass unless there was a concession made, and when the chief oppo­ cussing this bill, which involves ten or twelve ruillion.S of dollars. nent, the honorable Secretary of the Navy, made a concession in favor The CHAIRMAN. The Chair has taken notice of the fact that there of these young men who were at sea, I said a modicum at least of jus­ is disorder on the floor and is endeavoring to preserve order. The gen­ tice would thereby be obtained to them. tleman from Kentucky needlessly consumes time in stating that fact. Mr. THOMAS obtained thefloorandsaid: I yield five minutes, or so Mr. WHITE, ·ofKentucky. I have noticed that the Chair was try­ much time as he may desire, to the chairman ofthe committee, the gen- ing to perserve erder, but he does not seem to have been successful. tleman from New York [Mr. Cox]. . The CHAIRMAN. The gentleman from Colorado [Mr. BELFORD] Mr. COX, of New York. I desire to say that I signed the report of will proceed. the minority along with the intelligent gentleman from Illinois [Mr. Mr. BELFORD. I desire to state to this House a fact that can not THOMAS]. He will have it read. I did not sign that report because be controverted. It is, that under the law we ea{)h as members of I would not give all the stamina, esprit, and strength possible to, and Congress have the right to appoint a cadet to West Point and a cadet needed now for our Navy. As I said here once before in de"Qate, I to the Naval Academy at Annapolis. That, however, is merely a mat­ would strengthen the Navy by large guns on shore, and by building ter of theory. The professors-the snobocracy, the aristocraey-of large iron or steel vessels to meet large ironclads of other nations at those two institutions absolutely override our right to make such ap­ sea. I have not, do not, and will not favor these dainty cruisers that pointments. No man can question that. are intended to run away from fighting vessels and chase after commer­ I brought a boy here from Colorado, over2,000 miles, who had been cial ships. examined by the governor of my State, by its chief-justice, and by the I desire in connection with the rehabilitation of the Navy to ask president of the State University; yet because he failed to parse a par­ permission to printsomeremarkson that subject. They connect these ticular phrase they rejected him. ideas just suggested with this bill; and if there is no objection I will Now, what are these schools for? They are for the purpose of edu­ do so. cating boys, are they not? General Sheridan told me the other night [No objection was made.] that the standard in those institutions was so high that nobody could But as to this special bill my thoughts are expressed by the Secre­ get into them who was not a gradua~ of Yale or of Harvard. Now, tary of the Navy and in the minority report. They are briefly these: are we going to make appropriations to support gentlemen who meet We should pursue the reform which we began. On the 5th day of Au­ you in the german here, naval dudes and military dudes? Why should gust, 1882, we passed certain amendments on the appropriation bill. werestore these cadets to the Navy for the purpose of continuing such By those amendments we institated a policy. Let us adhere to that practices as we have had in the past? policy instead of recklessly and extravagantly adding sixty-two more Let me call your attention to the great admirals of the world who officers to the already overgrown and plethoric navy-list. Since the never saw a naval school, but whose names are imperishably written Government has no use for this ''surplus" I would not restore them on the scrolls of glory. to the Navy. It is within our power. We have control over it. We Sir Francis Drake was a famous admiral in Queen Elizabeth's reign, are not bound by any contract. It is a gratuity we tendered. whose splendid victories over the Spaniards were aehieved without his Mr. OATES. Will the gentleman allow me a question? having had any naval or military training. Mr. COX, of New York. My friend who wrote the report [Mr. General Monk, the great captain who was commander-in-chief in the THOMAS] will answeryoufully. The examination of the Navy Regis­ time of the civil wars, became an admiral in 1652, although wholly ters shows that at the date of the pa-ssage of the law to which I have without naval education. He defeated the Dutch fleet in the famous referred there were 1,817 officers on the active-list. Their actual pay action in 1653, in which Admiral Van Tromp was killed. amounted to $3,825,000. The Government had only thirty-one naval Admiral De With had no othertrainingthan that of cabin-boy on an vessels in commission. There were fifty-nine officers for each ship, or East India merchantman. one officer to every five men. This number was annually augmented The Dutch Admiral Hein ran away to sea when 14 years of age, by the addition of forty young officers from the surplus cadets from following the fisheries many years, and nothing more is known of him the Naval Academy. This is simply astounding as an extravagance. until after the age of 44, when he became one of the most distinguished Why are-these unnecessary officers paid for by the hard-earned money of admirals. of a laboring people in the cost of their clothing, food, shelter, and Admiral De Ruyter went to sea when 11 years old, in 1618, as boat­ what not? swain's boy, and rose, without other education, to be the great master of This state of facts shows the top-heaviness of our Navy. This situ­ naval science and warfare. ation is unpleasant to the officers and ricketty to the Government. The Themistocles, wholly without nautical training, commanded the Athe­ Government has had in commission at a vast expense since the war nian fleet in numerous fights between the Greeks and Persians, and many more officers than could be provided with any legitimate duty in covered himself with glory by a series of great and successful actions, the line of their profession. Therefore the law of August 5, 1882, was Xerxes himself giving him the title of the great .Athenian admiral. passed. It was needed. It may be harsh in its effect and troublesome Several MEMBERS. Louder! ' in execution, but we had to cut down somewhere. We cut down the Mr. BELFORD. Well, if you will be quiet you will be able to hear officers of the staff140 and of the line 115, leaving1,562officers. This better. These were worthy men who had commonsense in their heads, was enough, according to the estimate of the Secretary of the Navy, for who could grasp the situation. All the great generals of the world in seventy ships. By this reduction there was an annual saving to the the past have been men who have been guided and directed by common Government of over $200,000. Are we to reverse this? sense. . This question confronted me as chairman of the Committee on Naval · I stood the other day on the battlefield of Fredericksburg. Yes, for Affairs, and as somewhat responsible for good advice as to frugal and six days I walked over the ground there on each side of the Rappahan­ economic legislation as well as for good and efficient service in this arm nock. I looked at the sweet, beautiful, paradisiacal gardens ofthatcoun- 1884. CONGRESSIONAL RECORD-SENATE. 4495

try on eaeh side of the river. I was a civilian. Possibly I might have Also, resolutions adopted by the Grand Army of the Republic, De­ been mistaken, but I thought I would have fought that battle from our partment of New York, relative to pensions-to the Committee on In­ side somewhat differently from the manner in which. it was fought. valid Pensions. Men differ in judgment. By Mr. PRICE: :Memorial of General H. C. Hobert and others, pray­ I say you have your schools of snobs and aristocrats, and no one can ing for the passage of H. R. 1189 or S. 44-to the same committee. get in that one at Annapolis unless he is the son of a naval officer. Also, petition of Benjamin Allen Post, No. 127, Grand Army of the That institution down there is as close a corporation as ever existed in Republic, in favor of the recommendatio~ of the Grand Army of the this country. I say we have appropriated for it all that we ought to. Republic of the United States-to the same committee. The CHAIRMAN. The time of the gentleman has expired. By :Mr. REESE: Petition of citizens of Georgia, in favor ofthepas­ l\Ir. THOMAS. I now yield to my colleague [Mr. CANNON]. sage of the Senate educational bill-to the Committee on Education. Mr. CANNON. It is Saturday evening and about the time for ad­ Also, petition of the gmndjury of Jefferson County, Georgja, on the journment. I am quite sure the consideration of this ~ill can no~ be same subject-to the same committee. eompleted to-njght, and I therefore move that the comnnttee now nse, By Mr. ROWELL: Petition of Post No. 251, Grand Army of the and gjve notice that if that motion shall prevail I will then move that Republic, Department of Illinois, and ofR..'tthbnrn Post, No. 359, Grand the House adjourn. Army of the RepubJic, Department of Illinois, for amendment to pen­ Mr. TALBOTT. I move to amend, so that the committee shall now sion laws, &c.-severally to the Committee on Invalid Pensions. rise for the purpose of closing debate on the peniling bill. By Mr. WAIT: Petition of Hon. Lorenzo Blackstone and others, The CHAIRMAN. The motion of the gentleman from Illinois [Mr. citizens of Norwich, Conn., remonstrating against the establishment of CANNON] is in order. a Government telegraph-to the Committee on the Post-Office and The motion was agreed to. Post-Roads. · The committee accordingly rose; and Mr. SPRINGER having resumed By Mr. WEMPLE: Petition of citizens of Saratoga Springs, N.Y., the chair as Speaker pro tempore, Mr. TOWNSHEND reported that the against the postal telegraph bill-to the same committee. Committee of the Whole House on the state of the Union had had under · By Mr. WILLIS: Resolution of the common council of Louisville, consideration the bill (H. R.1408) limiting a portion of an act entitled Ky., requesting an appropriation for the Falls of the Ohio-to the Com­ ''An act making appropriations for the naval service for the fiscal year mittee on Rivers and Harbors. ending June 30, 1883, and for other purposes,'' and had come to no reso- lution thereon. . l\Ir. TALBOTT. I move that the House again resolve itself into Committee of tihe Whole on the state of the Union for the purpose of SENATE. further considering House bill No. 1408. And pending that motion I MOND.A.Y, May 26, 1884. move that all debate upon the bill and amendments-be limited to one­ half hour. Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. The SPEAKER pro tempore. It is in order now only to move to limit The J onrnal of the proceedings of Friday last was read and approvedr general debate. PETITIONS AND MEMORIALS. Mr. TALBOTT. Then I move that general debate be limited to one The PRESIDENT pro tempore presented the petition of Daniel Rit­ minute. tenhouse and 26 others, of Washington, D. C., praying that the charter Mr. BLOUNT. I move that the House now adjourn. of the Metropolitan Passenger Railroad Company may be so amended Mr. BROWNE, of Indiana. Before the question is put on the mo­ as to require the company to remove its stables to one end or the other· tion to adjourn, is it in order to move to amend the motion tQ limit of its road; which was referred to the Committee on the District of debate? _ Columbia. Mr. NICHOLLS. I move that the House now adjourn. Mr. JACKSON. I present the petition of S. L. Terry and other em;.. The SPEAKER pro tempore. That motion is already pending, made ployes of the post-office at Nashville, Tenn., praying Congress to make by the gentleman's colleague [Mr. BLOUNT]. a classification of the clerks in the distributing department of all first­ The question was taken upon the motion of Mr. BLOUNT; and upon class post-offices, suggesting the proper classification, and praying that a illvision there were-ayes 80,. noes 62. salaries be so adjusted that all clerks doing the same kind of work be Mr. TALBOTT. Before the vote on the motion to adjourn is an­ placed in the same class and receive like salaries. ·This petition is ad­ nounced, I ask unanimous consent to have printed in the RECORD the dressed to me in person, but was evidently intended for presentation to. answer of the cadets to the letter of the Secretary of the Navy. the Senate. I move that it be referred to the Committee on Post-Offices The SPEAKER pro tempore. The gentleman from 1\Iaryland asks and Post-Roads. unanimous consent to have printed in the RECORD a cel"tain paper. The motion was agreed to. :M.r. THOMAS. What is it? Mr. SEWELL presented a joint resolution of the Legislature of New Several MEMBERS. Regular order ! Jersey; which was read, and referred to the Committee on Commercer The SPEAKER pro tempore. The regular order is the announcement as follows: of the vote on.the motion to adjourn. [Joint resolution No.8.] The result of the vote was then announced as above stated; and STATE OF NEW JERSEY. m.) accordingly (at 4 o'clock and 35 minutes p. the House adjourned. Joint resolution requesting Congress to pass a. bill to promote the efficiency or the revenue-marine service. PETITIONS, ETC. Whereas the eminent services rendered by the brave men of the revenue m• rine entitles them to the highest commendation ; and The following petitions and papers were laid on the Clerk's desk, Whereas no provision exists in the present laws for the retiring of the meri­ torious, aged, or disabled in that service: Therefore, under the rule, and referred as follows: 1. Be it resolved by the senate and general assembly of the State of New Jersey, By Mr. BLOUNT: Petition of citizens of Pike County, Georgia, and of That the Senators and Representatives from this State are earnestly requested citizens of Bibb County, Georgia, in favor of the passage of the Senate to use their inftuence for the passage of the bill pending in Congress, H. R. No. 4483, "to promote the efficiency of the revenue-marine service," whereby the­ bill to aid the States in popular education-severally to the Committee officers of the revenue marine who have grown old or who have been seriously on Education. injured in the performance of their duty, may be retired., in accordance with By Mr. CHACE: Two petitions in regard to bills of lading-to the · provisions similar to those now in force in relation to the naval officers of the United States. Committee on the Juiliciary; 2 . .And be it further resolved, That copies of these resolutions be forwarded to Also, a petition for the reduction of internal-revenue taxes-to the the Senators and Representatives in Congress from New Jersey, by the secre­ Committee on Ways and Means. tary of state. By 1\Ir. OONVERSE: Petition of the president and faculty of the .Approved May 9, 1884. Ohio State University, for an appropriation for Inman schools-to the Mr. WILS.ON. I present the memorial of G. A. Madison and 22 Committee on Education. other residents of Ottumwa, Iowa, and a memorial of citizens of Keota., By Mr. ERMENTROUT: Memorial ofthe employes of the Reading Rose Hill, and Delta, Iowa, remonstrating against the enactment of (Pa.) post-office, for classification, &c. -to the Committee on the Post­ any measure relating to the telegraph which shall increase the number­ Office and Post-Roads. of public officials, or establish a governmental monopoly of the tele­ By :.Ur. GUENTHER: Memorial of the Milwaukee Association of graph business, or which shall employ the functions of the Government ex-Prisoners of War, asking for the passage of H. R. 1189 and S. 44- to destroy the property ofinilividuals who have embarked in legjtimate to the Committee on Invalid Pensions. enterprise to provide ample facilities for the public accommodation. By Mr. PAIGE: Petition of the Ohio ex-Prisoners of War Associa- As the subject has been reported upon, I move that the mP-morials lie­ tion, relative to pensions-to the same committee. . on the table. By Mr. PERKINS: Resolutions of the Board of Trade of the city The motion wa~ agreed to. of Lawrence, Kans., and resolutions of the citizens of Chanute, Kans., Mr. WILSON presented the petition of G. B. Keffer, of Des Moines;, asking that the rjght of way be granted to the Southern Kansas Rail­ Iowa; praying for certain appropriations for the benefit of State agri­ way Company through the Indian Territory-severally to the Commit­ cultural and horticultural associations; which was referred to the Com­ tee on Indian Affairs. mittee on Agriculture and Forestry. Also, resolutions adopted by the Oklahoma Colony Company looking Mr. PLATT presented two petitions of manufacturers, inventors, and­ to the opening. of the Oklahoma lands-to the same committee. others, citizens of Rockford, ill., praying for the pas&l.ge of .Senate bill