8910 CONGRESSIONAL RECORD-SENATE; SEPTRl\IBER 25,

By Mr. FUNSTON. A hill (H. R. 11491) granting a pension to J. A bill (li. R. 10494) granting p. pension to Emilia. Uumm; !I~ ~teven -to the Committee on Invalid Pensions. · A bill {H. R. 10647) granting a pension to Samuel J. Wright; .Also, a. bill (H. R. 11492) for the relief of Mary E. Hottenstein­ A bill (H. R. 10659) for the relief of Elizabeth C. Cole; to tbe Committee on Invalid Pensions. A bill (H. It 10694) granting a. pe:r;tsion to John W. Ellis; Also, a bill {H. R. 11493) to authorize the construction of a toll­ A bill (H. H. 10947) for the relief of John Sweeney; and bridge across the IDssouri River at the foot of Kansas or Minnesota A bill (H. R 113:13) granting a pen-sion to 1\lrs. Louise U. Hum­ avenue, in Kansas City, Kans., in Wyandotte County, in the State of phrey. Kan as, to the county of Clay, in the State of Missouri-to the Com­ The following bills were severally read twice by their titlee, and re- mittee on Commerce. ferred to the Committee on Claims: By Mr. HARE: A bill (H. R. 11494) for the relief of Fielding A bill (H. R. 148) for the relief of Isaac H. Wheat; Burns-to the Select Committee on Indian Depredations Claims. A bill (H. R: 325) for the relief of Mrs. Mary T. Dnnc..w; By Mr. HITT: A bill (H. R.. 11495) for the relief of George H. A bill (H. R. 393) to provide for the payment of the claim of Capt. Owen-to the Committee on Foreign Affairs. Roderick Mcintosh; By Mr. MAISH: A bill (H. R. 11496) to incorporate the National A bill (H. R. 861) for the relief of Joseph Diehl; Electric Company-to the Committee on the District of Columbia. A bill (H. H. 2598) for the r~lief of William Whitehouse; By Mr. POST: A bill (H. R. 11497) granting a. pension to William A bill (H. R. 2875) for the relief of Mrs. Louisa H. Hasell; H. 1\IcKinley-to the Committee on Invalid Pensions. A. bill (H. R. 3471) for the relief of the First Baptist Church of Car­ By 1\Ir. STEELE: A bill (H. R. 11498) granting a pension to John tersville, Ga. ; l!IcFadden-to the Committee on Invalid Pensions. A bill (H. R. 5094) for the relief of Henry H. Epping and Alex· By Mr. WILLIAMS: A bill (H. R. 11499} to pension Robert Hill­ ander N. Brannan, administrators of S. H. Hill; to the Committee on Invalid Pensions. A bill (H. R. 6012) for the relief of A. P. Swineford; and Also, a bill (H. R. 11500) to pension Charles Pegg-to the Commit­ A bill (H. R. 6560) for the· relief of the trustees of the Catholic tee on Invalid Pensions. Church at Dalton, Ga. The following Qills were severally read twice by their titles, and re­ PETITIONS, ETC. ferred to the Committee on Militarv Affairs: The following petitions and papers were laid on the Clerk's desk, A bill (H. R. 157) correcting the milit-ary history of Robert UcNutt; under the rule, and referred as follows: A bill (H. R. 483) for the relief of Elizabeth Jones, widow of John By 1\Ir. J. M. ALLEN: Petition of heirs ofDonald Street, of James Jones, deceased, and to place the name of said John Jones on the Conn, of William H. Kelton, and of J. M. D. Miller, of Mississippi, for muster-rolls of Company B, Second Regiment North Carolina. Mounted reference of their claims to the Court of Claims-to the Committee on Infantry; War Claims. A bill (H. R. 2267) to pay Thompson 1\fcKinley $375 for service­ By Mr. CLEMENTS: Petition of Matilda. J. Smith, widow of H. J. voucher issued to him during the late war by Capt. George W. Harrison, · Smith, of Whitfield County, Georgia, for reference of her claim to the assistant quartermaster United States Army; Court of Claims-to the Committee on War Clainis. A bill.(H. R. 3453) for the relief of George 0. Donnell; and By Mr. LIND: Petition of St. Paul (1\finn.) Chamber of Com­ A bill (H. R. 10100) for the relief of Charles F. Campbell. merce, pr:cying for the establishment of a uniform rate of 8 cents per The following bills were read twice by their titles, and referred to pound for third and fourth class mail matter-to the Committee on the Committee on Naval Affairs: the Post-Office and Post-Roads. A bill (H. R. 2688) for the relief of Alfred Breuer; and By Mr. SYMES: Petition in favor of House bill 11027 for pure lard, A bill (H. R. 7801} for the relief of William F. C. Nindemann, for­ also in favor of House bill 10320 in favor of pure lard, from Denver, merly a seaman in the Navy. Colo.-to the Committee on Agriculture. The bill (H. R. 4658) for the relief of Henry Gumperts, sr., was read By Mr. WHEELER: Petition of heirs of Samh Price, of Chattooga twice by its title, and referred to the Committee on Finance. County, Georgia, for reference of their claim to the Court of Claims­ The bill {H; R. 5248) for the relief of the American Grocer Asso­ to the Committee on War Claims. ciation of the City of New York was read twice by its title, andre­ By 1\Ir. WHITTHORNE: Petition of Mary A. Mitchell, of Giles ferred to the Committee on Post-Offices and Post-Roads. County, Tennessee, for reference of her claim to the Court of Claims­ The bill (H. R. 11297) in relation to grants of1ands to aid in the con­ to the Committee on War Claims. struction of railroads was read twice by its title, and referred to the By Mr. WILLIAMS: Petition of George 1\f. Penrods and others, Committee on Public Lands. citizens of Miami County, Ohio, for increase of pension to Charles Pegg­ The bill {H. R. 11139) to authorize the building of n, bridge or bridges to the Committee on Invalid Pension."!. across the Mississippi River at La. Crosse, Wis., was read twice by its title, and referred to the Committee on Commerce. The following billandjoint resolution were read twice by their titles, and referred to the Committee on Appropriations: SENATE. A bill (H. R. 10873) making an appropriation for the Girls' Reform School of the District of Columbia; and TUESDAY, September 25, 1888. Joint resolution (H. Res. 225) to continue the provisions of exist· Prayerbythe Chaplain! Rev. J. G. BUTLER, D. D. ing laws providing temporarily for the expenditures of the Government. The Journal of yesterday's proceedings was read and approved. INQUESTS UNDER NATIONAL AUTHORITY. HOUSE lliLLS REFERRED. 1\Ir. GEORGE. I desire to give notice that to-morrow morning at The following bills, received yesterday from the House of Represent­ the close of the formal morning business I shall ask the indulgence of atiYes, were severally read twice by their titles, and referred to the the Senate to call up the bill (S. 1516) to provide for inquests under Committee on Pensions: national authorHy, with a view of submitting some observations upon A bill (H. R. 724) for the relief of Louisa McLain; it. A bill (H. R.1152) forthereliefofthe legal representatives of Eliza PETITIONS AND MEMORIALS. M. Ferris; , 1\Ir. CAMERON presented a petition of John F. Armstrong Council, A bill (H. R. 2261) to increase the pension of Elijah W. Penny; No. 130, Junior Order United American Mechanics, of Philadelphia, A bill (H. R. 2839) granting a.. pension to Henry Sommers; Pa., praying for the passage of Senate bill 553, con'cerning foreign im­ A. bill (H. R. 3512) granting a pension to Anthony Shafer; migratio)l; which was referred to the Committee on Foreign Relations. A bill (H. R. 3681.) granting a pension to Carter W. Tiller; . A. bill (H. R. 4101) granting a pension to Martha. Giddings, formerly REPORTS OF COMMITTEES. Martha Priest; 1\Ir. SHERMAN, from the Committee on Finance, to whom was re­ A bill (H. R. 4737) granting a. pension to Micah French; ferred the bill (H. R. 6591) for the re1ief of S. Dillinger & Sons, reported A bill (H. R. 5593) granting an increase of pension to Laura. L. it without amendment. Wallen; Mr. FAULKNER, from the Committee on Pensions, to whom were A bill (H. R. 5919) restoring to the pension-roll the name of James referred the following bills, reported them severally without ameml· Monahan, minor child of Richard Mono han, deceased; ment, and submitted reports thereon: A bill (H. R. 9176) granting a. pension to Charlotte Taylor; A bill (H. R. 9663) granting a pension to Jesse Spencer; A bill (H. R. 9252) granting a pension to 1\Irs. Catherine Barberick, A bill~· R. 11317) granting a pension to Fredericka Liescgang; of Watertown; A bill H. R. 10433) for the relief of Leaman L. Bowers; A bill (H. R. 9383) to increase the pension of Joseph Holmes; A bill ( • R. 11362) for the relief of William R. Rodgers; and A bill (H. R. 9759) granting a pension to John Wallace; A bill (H. R. 7305) granting a pension to Aaron R. Gilkison. A bill (H. R. 9776) for the relief of Nancy E. Sawyer; 1\I'r. DAVIS, from the Committee on Pensions, to whom was refcl'l'ed A bill (H. R. 10032) granting a pension to Milton Wallen; the bill {S. 3561) granting a pension. to Eawin W. Warner, x:cported it A bill (H. R. 10073) granting a. pension to P. F. Jonte; with an amendment, and snbmitted a report. thereon. A bill (H. R. 10253) granting a pension to Emmanuel P. Steed; He also, from the same committee, to whom was refon-eu the bill 1888. CORGRESSIONAL RECORD-SENATE. 8911

tH. R. 9776) for the r€lief of Nancy E . Sawyer, reported it without A bill (H. R. 10112) granting to the Duluth and Winnipeg Railway amendment, and submitted a report thereon~ Cempany the right of way through the Fond du Lac Indian reservation. ·Mr. PADDOCK, from the Committee on Pensions, to whom were re­ in the State of Minnesota; and ferred the fol1owing bills, reported them severally without amendment, A bill (S. 1856) to esta.blish a life-saving station on the Atlantic co:1st and submitted reports thereon: between Indian River Inlet, Delaware, and Ocean City,. ~1d . . A bill (H. R. 206) granting a pension to William H. Starr; BILLS INTRODUCED. A bill (H. R. 2061) granting an increase of pensi:on to l''rancis: De Mr. SHERUAN introduced a bill (S. 3585) for _the relief of Viancey. Freitas; Taggard; which was read twice by its title, and, with the accompany­ A bill (H. R. 8613) granting a pension to Ann B1·yan; ing papers, referred to the Committee on Pensions. A bill (H. R. 10908) granting a pension to Mrs. Almira Towner; J. He also introduced a b.ill (S. 3586) to incorporate the National Elec­ and tric Company; which was read twice by its title, and referred to the A bill (H. R. 9310) granting a pension to Capt. William J. Duley. Committee on the District of Columbia. He also, from the same committee, to whom was referred the bill (H. 1\Ir. CAUERON introduced a bill (S. 3587) granting a pension to R. 9385) for the relief of Christian Kimzie, reported it with amencl­ HenryFeltch; which w~ read twice by its title, and, wit:.h the accom­ ments, and submitted a ~eport thereon. panying papers, referred to the Committee on Pensions. COAST AND GEODETIC SURVEY REPOR-T. ~fr. CHANDLER introduced a, bill (S~ 3588) granting a pension to :Mr. !t:t.A.NDERSO~. I am directed by the Committee on Printing Ellen B. Farr; which was read twice by its title, and referred to the to report back favorably a concurrent resolution to print 5,000 addi­ Committee on Pensions. tional copies of the report of the Superintendent of the United States JHRS. F.A.N},TIE PEARSON. Coast and Geodetic Survey, and I ask for its present consideratiGn. l\Ir. DAVIS submitted the following resolution; which was referred The resolution was considered by unanimous "consent and agreed to, to the Committee to Audit and Control the Contingent Expenses of the as follows: • Senate: .Resolved by the Senate (the HoNJe of Rep1·esenlatives concurring), That there be Resol--ved, That the Secretary of the Senate be, and he is hereby, authorized printed 5,000additional copies of the report of the Superintendent of the United and directed to pay, out of the "miscellaneous items of the contingent fund of States Coast and Geodetic Survey, with the usual necessary progress sketches the Senate," to Mrs. Fannie Pearson, widow of Granville L. Pearson. deceased, and illustrations showing the progress made in said survey during the year late a session laborer of the Senate, the sum of $860, being an amount equal to ending June 30, 1887, 1,000 copies of which shall be for the use of the Senate, six months' salary at the rate pt::r annum allowed by law to the laborer-afore• 2,000 for the ~se of the House, and 2,000 for distribution by said Superintendent. said; said sum tO" be considered as including funeral expenses and aU other al­ REJ>ORT OF COMMISSIONER OF EDUCATION. lowances. Mr. MANDERSON. I am also directed by the.Committee on Print­ PROGRESS OF INDUSTRIAL .ART. ing to report back favorably without amendment a concurrent reso­ Mr~ TELLER submitted the following concurrent resolution; which lution to print 38,000 copies of the report of the Commissioner of Ed­ was referred to the Committee on Printing: ucation for 1887-'88. I ask for its present consideration. Resolt·ed by U~.e Senate of the United States (the HoWJe of Representatives concur­ ring), That there be printed, ior the use of Congress, 10,000 additional copies of The resolution was considered by unanimous consent and agreed to, the work known as "Progress of .Industrial Art," of which 3,500 shaH be for the as follows: use of tho Senate and 6,500for the Hous~ of Representatives. Resolved by the Senate (the House of Representatives concurJ•ing), That of the re­ ASSOCIATIO~ FOR WORKS OF MERCY. port of the Commissioner of Education for 1887-'88 there be printed 6,000 copies for the use of the Senate,12,000 copies.for the use of the House, and 20,000 copies Tbe PRESIDE..L.'fT pre tempore. The Chair lays before the Senate Co~ distribution by the Commissioner. the amendments of the House of Representatives to the bill (S. 3168) TOWNSHIP 1\IAPS. regulating admissions to the Institution of. the Association for Works lli. MANDERSON. I am also directed by the Committee on Print­ of Mercy in certain cases, and for other purposes; which will be stateCJ.. ing to report favorably without amendment the bill (H. R. 10934) to The SECRETARY.· On page 1, line 23, strike out the word "exe­ authorize the Secretary of the Interior to sell township maps or plats cute'' and insert ''executed,'' and on page 2, line 5, after the woid remaining on hand in his. office. I ask for its present consideration. "if," insert "it. n The PRESIDENT pro tempore. The bill will be read at length for 1\f.r. EDMUNDS. That is to correct an error in the engrossing or information, subject to o~jection. copying of the bill here or as 1·eported, to merely make the grammar The Secretary read the bill, as follows: correct. I move that the Senate concur in the Honse amendments. Be it enacted. etc., That from and after the passage of this act the Secretary of The motion was a.,_

Mr. DOLPH. It is merely to correct an error in the direction of a TREATY WITH CHIN.A. line, and to authorize the Oregon Railway and Navigation Company to ·Mr. STEWART. I offer the following resolution, and ask for its purchase depot grounds. It is merely to correct an error in the de· present consideration: scription of the line of the road. · . Reso~ved, That t~e !'resident be.• and be is hereby, requested, if not incompat­ Mr. D.A. WES. It does. not affect anything else? Jb~e WitJ;t the pubh,c mterests, to ~nform the Senate what information be has re· Mr. DOLPH. Not at all. Itistocorrectamistakewhichwasmade cetved smce September 7, 1888, w1th rega1·d to the action of the Chinese Govern· in the Land Office in copying the description. ment upon the recent treaty with the Emperor of Ohina. Mr. D.A. WES. With that exception, then, the bill is as it went from Mr. EDMUNDS. I think that resolution had better be considered the Senate? in executive session for a reason that I will state in exeGutive session. - Mr. DOLPH. Yes; the Senate amendments are concurred in. I ask, therefore, that it be laid nside. The PRESIDENT pro tempore. The question is on concurring in the Mr. STEWART. I have no objection. report of the committee of conferen..-:e. The PRESIDENT pro temp01·e. The resolution will lie on the table The report was concurred in. for subsequent consideration. . . b~r. ED MUNDS. If the consideration of morning business is through LIFE·SA VING STATIONS. I wish to move a short executive session. . ' '.fhe PRESIDENT pro tempore. The Chair lays before the Senate The PRESIDENT p1·o tempo1·e. Morning business is not. yet con- the action of the House of Representatives on the bill (S. 1856) to estab­ cluded. _ lish a life-saving station on the Atlantic coast between Indian River Mr. EDMUNDS. Vecy well. Inlet, Delaware, and Ocean City, :M:d. RELATIONS WITH GREAT BRIT.AIN .AND CANADA . . The resolution of the House was read, as follows: ~h~ PRESIDENT pro tempo're. The chair lays before the Senate a IN THE HOUSE OF REPRESENTATIVES, Septenlbe1· 24,1888. resolution ooming over by agreement in the order of current business Resol1•ed, That the House concur in the report of the committee of conference from yesterday, which will be stated. . on the disagreeing votes of the two Houses on the amendment of the House to the bill (8.1856) to establish a. life-saving station on the Atlantic coast betweP-n Th~ · SECR~TA.Ry. . .A. resolution directing the Committee on Foreign Indian River Inlet, Delaware, and Ocean City,l\Id. Relations to rnqn.rre mto and report at the next session of Congress the The PRESIDENT pro tempore. The Chair calls the attention ofthe state of the relat10ns of the United States with Great Britain and the senior Senator from Nevada [Mr. JoNES] to the action of the Honse. Dominion of Canada. Mr. ·JONES, of Nevada. I have not the report of the Senate con-. Mr. MORGAN. Mr. President- ferees with me. Mr. EDMUNDS. I wish to move a short executive session before Mr. EDMUNDS. The matter had better be laid aside. the Senator from Alabama goes on, if he will allow me. The PRESIDENT pro tempore. The matter will be laid aside tem­ Mr. SHERMAN. Does the Senator want to address the Senate? porarily. Mr. MORGAN. I desire to address the Senate, but I yield to the Mr. PALMER. I ask the Chair to lay-before the Sen~tetheresoln­ Senator from Vermont. tion of the Honse of Representatives concerning House bill 1923. Mr. E~MU~S. Pendin~ that,! move that the Senate proceed to The resolution of the House of Representatives was read, as follows: the cons1derat10n of executive busmess. It is desirable that there should be a short executive session . . lN THE HOUSE OF .REPRESENTATIVES, &ptember 24,1888. 1 Resolved, That the House concur in the report of the committee of conference HEIRS OF COL. W. R. M KEE. on the disa.~eeing votes of the two Houses on the amendments of the Senate Mr. BLACKBURN. Will the Senator from Vermont yield to me to the bill (H. R. 1923) providing for the establishment of a life.saving· station at the harbor of Kewaunee, 'Vis. for just one moment? I simply want to a.sk the consent of the Senate to consider at this time the bill (H. R. 10082) to amend an act entitled Mr. PALMER submitted the following report: . '' .A.n act for the relief of the widow and orphan children of Col. ·Will­ The committee of conference on the disagreeing votes of the two Houses on iam R. McKee, late of Lexington, Ky.," reported from the Committee the amendments of the Senate to the bill (H. R.l923) providing for the estab­ lishment of a. life-saving station at the harbor of Kewaunee, Wis., having met, on Public Lands by the Senator from Kansas [Mr. PLU.l\Il3]. It is after full and free conference have agreed to recommend a.nd do recommend simply to correct the issue of land certificates under the act of 1853 to their respective Houses as follows: made to the orphan children of Colonel McKee, of Kentucky. The That the House recede from its disagreement to the amendment of the Sen­ ate numbered 1, and agree to the same with an amendment as follows: Add, Commissioner of the General Land Office ha.s written a letter on the at the end of said amendment, the words: subject. The House bill has been reported by the Committee on Pub­ "One at or near Walles Sands, New Hampshire; one at or near Plum Island lic Lands of the Senate without amendment. . It simply proposes to Massachusetts; one at or near Lynnhaven Inlet, Virginia.; two between Ocra: coke Inlet nndCa.peLookout, North Carolina, at such points as the General Su­ correct the issue of certificates, one of which was issued by a false and perintendent of the Life-Saving Service may recommend; one at or near Ash· improper name. The bill is merely amendatory, of course. · It ex· tabu Ia, Ohio; one at or near :l\Iarquette, Mich. ; one between the Ocean House, tends no rights or privileges, except that the certificates which have south of the entrance to the harbor of San Francisco, and Point San Pedro, Cali­ fornia., at such point as the General Superintendent of the Life-Saving Service been outstanding for nearly thirty years may be made available to these ' mayrecommend.'' infant heirs. And the Senate agree to the same. Mr. EDMUNDS. I should like to look at the bill a moment. That the Senate recede from its amendment numbet·ed 2. That the House recede from its disagreement to the amendment of the Senate Mr. BLACKBURN. I will hand the Senator a copy of the bill. If numbered 3, nnd agree to the same. he will permit me, I will state that Colonel McKee was in command T. W. PALMER, ·of a regiment of infantry, and was killed in command of it on the field J. N. DOLPH, of Buena Vista. In 1853 au act was passed allowing 160 acres of land Managers on the part of the Sena~. T. E. TARSNEY, to each of his minor children. He had but three children. One was a. T. H. BAYLY BROWNE, daughter. She married and left three infant heirs. Of the two sons, Managers on the part of the House. one is now n. major in the regular Army of this country, Maj. George Mr. EDMUNDS. I should like to ask the Senator from Michigan if McKee; and the other was Lieut. Hugh McKee, who was killed in all tlltse additional topics were in the original bill or the amendments storming the works on the Isle of Corea. Hugh's name it was intended pendiug between the two Houses? I see there are four or five appar­ to change. He was an infant at the time of his father's death, and ently entirely new places that were not in discussion between the two his mother named him for his father, and the land office issued the cer­ Houses when the bill went to the conference. tificate in the name of William R. McKee, but the purpose was never Mr. PALMER. I am not positive whether they were or not. l think executed, and he died a lieutenant in the Navy under his original bap­ that they were. .At least they were all approved by the subcommittee tismal name of Hugh McKee, and he died without heirs. He gave his of the Committee on Commerce having light-houses in charge a-nd agreed certificate to his mother, who has died since this bill has been on the to by the House of Representatives. Calendar, and she gave it to one of the infant children of her dead Mr. EDMUNDS. I think that the report is apparently quite out­ daughter. side of order in respect of the capacity of conferees, but as it is on a sub­ All that the bill proposes to do is to authoriz.e the Commissioner of ject which we can all readily enough understand in regard to these lo­ the General Land Office, in accordance with his own letter sent to the cations, for one I shall waive any point of order. I only refer to it now Honse of Representatives, to issue the certificates in the correct name, so that it shall not be drawn into a precedent for similar proceedings in so that the children may· have the benefit of them. Mr. EDMUNDS. I should like. to just look at the House report. the future. The PRESIDENT 111·o tempore. The question is on concurring in the Mr. BLACKBURN. I will hand it to the Senator. Here it is. 1\!r. EDMUNDS. If the Senator will pardon me and allow us to report of the committee of conference. have a short exec~tive session, while we are going through with a lit­ The report was concurred in. tle business that ought to be done, I shall look at it before the doors THE LOUISIANA ELECTlO~. are reopened. Mr. CHANDLER. I gave notice that I should ask the Senate to Mr. BLACKBURN. I will do that. There is the report of tho - take up to-day the resolution relating to the recent election in the State House committee. of Louisiana. Instead of asking the Se:nate to take up the resolution EXECUTIVE SESSION. • at this time, I give notice that I shall ask that it may be taken up on Mr. EDUUNDS. I move that the Senate 1n·oceed to the considera­ Thursday during the morning hour. tion of executive business. • 1888. CONGRESSIONAL RECORD-SENATE. 8913"

The motion was agreed to; and the Senate proceeded to the consid­ such an aggressive spirit finds full support in the purposes and scope eration of executive businesss. oftbis resolution. After fourteen minutes spent in executive session the doors were The Senator from Illinois [Mr. CULLOM] then grew anxious over the reopened. question whether we were not intruders on British soil when we made the canal in the St. Clair Flats. That was a question which seemed to RELATIONS WITH GREAT BRITAIN AND CANADA. be entirely at rest, and seemed to be covered reaUy by prescriptio-n, if The PRESIDENT pro tempore. The Senate resumes the considera­ it were not covered by the actual line of the boundary dividing us from tion of the resolution which will be read. the Canadian possessions of Great Britain. The Secretary read the resolution submitted by :Mr. SHERMAN Sep­ :Mr. CULLOM. Would it interrupt the Senator if J should make a tember 17, 188~, as follows: remark? Resolved, That the Committee on Foreign Relations be directed to inquire into · The PRESIDENT pro tempore. Does the Senator from Alabama and report at the next session of Congress the state of the relations of the United vield? States with Great Britain and the Dominion of Canada, with such measures as are expedient to promote friendly commercial and political intercourse betwt-en ~ 1\ir. MORGAN. Yes, sir. these countries and the United States, and for that purpose have leave to sit Mr. CULLOM. So far as I was concerned it was a mere inquiry. I during the recess of Congress. rise now, as I was absent during the last wE}ek, to state that I intro­ Mr. MORGAN. Mr. President, I would not again call up the sub­ duced the resolution of inquiry as to what our rights were in the De­ ject of the resolution offered by the Senator from Ohio after so much tr01t River and St. Clair Flats, and I am not aware whether that reso­ debate upon this topic, and in advance of the action of the Committee lution has been answe1·ed by the Department or not. I did not express on Foreign Relations on the House bill to enlarge the pow~rs of the any opinion of roy own. President of the United States under the retaliatory law of March 3, . Mr. l\IORGAN. I did not speak of the opinions of the Senator, bnt 1887, if I could feel satisfied that the action of the committee would be of his anxiety to have the President determine a moot question, which favorable to the passage of that measure. it seems had been at rest for a good many years-I do n{)t know how The time seems to be near at hand when the congestion which the many; perhaps thirty or forty years-as to what was the actual bound­ Mills tariff bill, as it is called, has produced in the Senate is to be re­ ary in the vicinity of the St. Clair Flats. lieved, and we are to have the privilege of a glance at a substitute for Now, the Senator from Ohio has sudden fears that the solution of the that measure, and then probably an adjournment. _ Canadian questions will postpone the annexation of the Dominion to Some debate on that measure will be had, if such a thing is to be per­ the United States, and be demands the delay or defeat of the Presi­ mitted, and that will crowd out of consideration all other general legis­ dent's request for additional powers over the question of the fisheries lation except to complete the appropriation bills. and· customs, because it might mar his plan of annexation that has It is now an obvious fact that delay in the settlement of the disputed grown up like Jonah's gourd in a night. The Senator saw at once that questions about the fisheries and the transit of commerce through the the President had mastered these questions, and he thought to eclipse lakes is a distinctive policy of the Republican party. the President's plan with one far more magnificent and infinitely dis­ · The settlement is not really desired by that party until they can get taut as to the hope of its consummation. the credit of making the arrangement, if it is desired in any event. His carefully prepared speech was evidently designed to state a policy The best way to prevent a settlement is to defeat all measures looking which would relieve the Republican party from au embarrassing posi- to a settlement. tion. · When the President negotiated the treaty of l~t February, its defeat This new policy required an entire change of front on the fisheries was resolved upon by the Republican party before its merits had been question, and a very decided disavowal of the heroic treatment, through discussed in the Senate. retaliatory legislation, which has been so earnestly advocated of late Tbt' merits of the fishing rights claimed for our fishermen would be by the Republican party. discussed, for no one had the power to prevent that, butnoamendment There are also other prominent reasons for disclaiming at once and . of the treaty was to be permitted whereby the treaty could possibly be decidedly the line of diplomatic interference in the affairs of foreig;n improved, and no delay in its rejection was to be tolerated. Such countries which in Great Britain is called "jingoism." urgency was voted in considering the treaty that the Senate, which bas In the brief time that Mr. Garfield was in office we had many of loitered much in business both betore and since the treaty was up 1or these pragmatical interferences in the affairs of other states, notably debate, chan~;ed the rules of that body so as to meet at the Hour of 11 in the internal policies of Peru, Chili, Bolivia, Guatemala, and Mexico, o'clock every day, one hour sooner than the rules prescribe. A motion besides many declarations of the State Department that indicated a to postpone action until December on the treaty, so that we could find very vigorous treatment of questions of international character, that a clearer atmosphere for the consi<;leration of g;reat international ques­ were not intended so much to influence matters that were then of a tions than is found in the fieldofa fierce political campaign, and when practical nature or advantage to us as to formulate a policy that would we could properly estimate the value of the 11Wdus vivendi provided in make us aggressive in every matter where we might possibly in the the protocol of that treaty, was voted down. future have material interests at stake. Motions to amend the treaty made by Democrats to meet objections There is a certain attractiveness in the self-assertion of a nation that stated in-debate by Republicans were voted down, and the treaty was is growing; stronger with every day that passes that makes such a rejected, not upon its merits, as the Senato) from Ohio alleges, but be­ course popular with earnest politicians; but there is a recoil in such a cause the Republicans, having the major_ity in the Senate, refused to policy that is severe upon those whose industries must support a gov­ put into it the features that would give it merits in their eyes. ernment which causes them to question its wisdom. The distinguished It is, therefore, a conclusion that can not be shaken by argument, Secretary of State under Mr. Garfield seems to have so much power in that the Republican party in the Senate have resolved, if they can help shaping and controlling the course of the Republican party that the it, that none other than a Republican administration should have the country appears to have no doubt that he will have equal control in settlement of the questions that are now open between the people of shaping the policy of the administration in the Cabinet if that party the United States and those of Canada. . should carry the Presidential election in November. The Senator from Massachusetts [Mr. HoAR] early in this contro­ We have bad other examples in this country, notably those of Mr. versy and in the course of the debate upon the treaty offered the. fol­ Clay and Mr. Webster, where men of great influence ·in the political lowing resolution, which I will read: parties with which they acted continued to control their destinies after they had been defeated in their aspirations for the Presidency. Re~olved, rr:hat a. committee of seven Senator!i be appointed by the Chair whose duty It shall be to report upon the relatiOns of commerce and business The death of Mr. Garfield disappointed the hopes of Mr. Blaine in existing between the United States and the dependencies of Great Britain in relation to the foreign policy he initiated with so much of zeal, dash, North ~merica, including the effect upon the commerce and carrying trade of .and enterprise, and with so little of the caution and prudence that is the l!mted States ?ftbe Canadian system of railways and canals now existing and m contemplation, and the prospect of the displacement of any existing in­ required in our diplomatic dealings with othercountries, and saved the dustries of the United States by industries establil:lhed there· also whether the country from very unwise and dangerous involvements. Then Mr. obligations of existing treaties and of international law are ~nd have been ob­ Blaine's defeat tor the Presidency would have given a less ardent poli­ served by the said dependencies toward the people of the United States, and the number, amount, and character of the existing claims against Great Britain by tician to understand that the American people rely more wisely upon reason of the violation of such obligations toward the people of the United their increasing growth in population, wealth, knowledge, and moral States in said dependencies. power for their just influence among other nations than upon their Said committee shall have power to send for persons and papers, to adminis­ ter oaths•. to employ a. cl~rk, messe~ger, and stenographer, and to sit anywhere self-assertion, their display of the resources of war, or their declama­ in the Umted States durmg the sess10n and during the recess of Congress tory announcement of their determination to claim everything and con­ Any subcommittee by them appointed may exercise the same powers ~ the cede nothing that lias the appearance of being supported by plausible full committee. argumentation. ' This resolution looked to the future, and covered every inquiry about The Senator from Ohio evidently looks forward with anxiOUf? solici­ our relations with Canada that is really possible. tude to the possible reappearance of this excessive zeal and reckless It is a distinct step towards the assumption of po}Ver by the Senate enterprise in our Department of State in the event of the election of to shape the negotiations with foreign powers which until now bas been Mr. Harrison, and desires to give warning now -that this impassioned conceded to tbe.President of the United States. diplomacy will be resisted by very Rtrong men in the RepubliCan What I said a week since about the recent tendency of the Senate to party. · usurp the powers and ~ctions of the President and the dangers of He seems from his remarks, to which I am endeavorinl! to reply, to XIX-558 8914 CONGRESSIONAL RECORD-SENATE. SEPTEl\IDER 25,

consider jingoism and heroic treatment an'd all appearance of panic us ermen had been earnest and practical, and in the employment of conn­ entirely out of place in our diplomatic or other relations with Great sel to defend them in the Canadian courts and in many other ways he lsritain, and refers to the treaty of 1871 as a full settlement of all the had shown a stronger determination to protect and defend them than questions of a practical nature, except the fisheries, then open between bad been shown by any of his predece ~ sors in office. So that his sin­ the United States and Great Britain. As to the fisheries question, be cerity can not be questioned in his earnest purpose to resort to tbe n~xt evidently understands that the arrangement in the treaty of 1871 was a ruea.ns in reach to exact from Great Britain a more j nstand liberal tre:1.t· part of a general settlement which was intended to be final, although ment of our fishermen. those clauses were made determinable on notice. In looking over the field he saw that a remedy was ea.sily in re..ach The Senator from Ohio has also a strong reason for his desire to modify that would have the strongest influence upon the people of Canada to his course and that of his party in the Senate, so thattbe door to diplo- com pel them to the course that all admit on this side the border line matic effort to settle the fisheries questions shall remain open, instead is due to us under the treaty of 1818, and to induce them to extend to of being shut, as was attempted to be done in the report of the Com- our· fishermen the privileges of trade and the liberty of commercial in­ mittee on Foreign Relations, against the earnest protest of the minority tercomse that we accord in our ports to their fishermen. of that committee. The President saw the plain and open iact, about which little bad I will read again, that there may be no doubt about what that com- been said in the Senate, that Canada was compelled to reach the .At· mittee insisted was the attitude of the United States en this subject of lantic seaports and the ports in Canada from the seaboard for six months treating further with Great Britain on the fisheries question. in the year through and over ~be territory of the United States. He The committee, after having co~sidered the whole _case, aft~r having j s~w that this transit was 'Yorth far IJlOTC to Canada than the naviga- summed up all the facts upon which they chose to base therr report, tion of the St. Lawrence RI>er. . · after having argued those facts in a very earnest way, after having re- The flow of the St. Lawrence to the far northeast carries the ship­ proacbed the President with severe criticisms, and after having inti- ping out to the sea in a long circuit that is practically blockaded by mated against him certain occult threats of future severity in dealing ice for half the year. The outlet to the sea from all the central and with him if he did not submit his will to that of the Senate of the western parts of the Dominion i~ through our NewYorkandNewEng­ United States, proceed to say: land ports. The railroad lines that nre practicable for the connection In view of the plain history of the;:o.e transa:ctions and of the. ~atters heTein- of the seaports of New Brunswick :md Nova Scotia with the St. Law­ before stated, it does not seem to the comnuttee that the ex1sting matters of r~mce Ri•er cross a high range of bills that are excessively bleak in difficult.y are subjects for treaty negotiation; and such appears to have been winter and co•ered for long periods v.ith a great depth of snow. The the opinion of the Senate by its action and by the remarks ofmany of its mem- I t 1 · 1 d k tb· t• b t •t t 1 h d h hers of both political p arties and by the aclion of the House of Representatives n erco onm roa ma ·es IS connec IOn, u I s grea engt an t e upon and in the passage of the act of March 3,18 i, and its approval by the Pres· severity of the winters along the line render it inadequate, DO matter ident. how much it may be enlarged, for the needs of Canadian commerce. So that there cu.n remain no doubt that the chairman of that com- It appears that as much as one-third <•f the value of the Canadian mittee the Senator .from Ohio, concurring with his colleagues of the Pacific Railroad depends upon its outlet to the New England seaboard, Repubiican party, intended tp make a Statement in this report con- which is about 200 miles the shorter line and as much as two days elusive in its nature, based upon facts and argumentation, that "in view saving in time between Vancouver and Liverpool. of the plain history of these transactions" the subjects of difficulty be- The privilege of passing goods across our territory without paying -tween the United States and Great Britain relating to the fisheries duties is really indispensable to the commercial prosperity of Canada. question are no longer open for treaty negotiation. Its value in money is really worth as much or more to Canada than It is insisted in these parts of the report that self-respect, the sol· the exclusive use of all her inshore fisheries. This prh-ilege will grow emu declarations of Congress, and the dictates of wisdom all united to more and more important to Canada e•ery year that passes. Her fish­ compel the President to resort to retaliation rather than to diplomacy, eries will lose their value, to a marked degree, from the competition and that the retaliation should relate to the securing: by compulsion, now setting in with our .Alaf?kan fisheries, while her agricultural and of commercial privileges to our fishermen, which it is clearly stated in mineral productions and the lumber trade from the vast region north that report are not in .any way provided for in the treaty of 1818. · and west of the Lakes will increase beyond all present estimates and Added to these strong statements are criticisms of Senators who must have an outlet to the .Atlantic through our ports if they are to voted for the retaliatory law of Uarcb 3, 1887, and who are charged compete with like productions of the United States in trans-~tlantic with having abirndoned the ground then taken to follow the President markets. in his attempt to settle these disputes by a treaty. The commercial prosperity of Ca.nada, in competition with the United This strom! a\owal by tbe committee of which tC.e Senator from States, depends upon the continuance of this reciprocal right of trans­ Ohio is chairillan, that the time for negotiation had passed, that th2 shipping goods free of duty across our country to the Atlantic sea­ fisheries were no longer a fit su~ject for negotiation, and that legislative board to an extent that renders this privilege indispensable to Canada. retaliation was the only remedy for violations of the treaty of 1818, The reven;;e side of this statement is barren of advantage to the United and the only means of securing reciprocity of commercial intercourse States. We have nothing to ship through Canada to the United States for our fishermen in Canada, was followed an.d reiterated by every Re- from places outside of the Dominion except fish, and this meager priv­ publican Senator who spoke on the question .so far as I recall the de- ilege has been denied to us under the treaty of 1871. bate. The duties on $60,000,000 of commerce passing free through our No room is left for question that, when the vote was ~aken and the country would, under the average of our tariff, be not less than $20,­ treaty was rejected, retaliation was all the means tbat was left open to 000,000 annually, or one-third the market value of the goods, while the President for securing our rights under the treaty of 1818 and the Canadian duties on what we would bring through that country would new commercial privileges '\te claim for our fishermen in Canadian not equal $200,000 annually. ports. The Senator from Ohio is eloquent iu his remarks upon the want of No such censures were ever before uttered against a P1·esident where reciprocity in the treaty that the Senate has just rejected, but he has he had any discretion to choose his line -of action; no censures of a · only praises for the treaty of 1871, concluded by his own party, which President were eTer made with more bitter invecti•m -orin words more provided for a reciprocity of $200,000 in our favor annually and of scathing and defamatory; no expressions of contemp_t were -ever more $20,000,000 in favor of Canada every year since 1873. In that time intense and few threats made against a President (certainly none by a our Treasury has lost $300,000,000 under this article of the treaty of eommittee ofthe Senate) than were employed by Senators who engaged Washington, and our people have had a chance to sa\e $3,000,000, in the debate to denoupce and belittle Mr. Cleveland because he bad which is far more than they have saved in duties on fish imEortcd not issued his proclamation, under the act of March 3, 1887, to cut off through Canada to the United States. commercial intercourse between Canada and the United States. Why this arrangement-was ever made is tl1e most astonishing puzzle It is not going too f..'U" to say that the rejection of the treaty, after re- I in our commercial history. Only two reasons foritssupport can begi ven, fusing to amend it to suit the views of the Senate, whatever they were, as it appears to me: First, that it diverted freights from the St. Law­ and after refusinl!: to postponeits consideration until December, was to renee River to theNewEnglandrailroads. This is of some advantage compel the President to resort to the retaliation prescribed in the act to our people, but it is confined to a few people and to three or four of March 3, 1887, or, failing in that, to tacitly confess that he would lines of railway, the profits accruing to which are paid in much the do nothing to redress our grievances or to prevE"nt a recurrence of them largest share to the British and Canadian people whose money built in respect of our fishing rights. · them. This profit, however, would be reduced but to a small extent On the rejection of the treaty, absolutely and without. leaving a ray if this article· of the treaty were abrogated, since for one-half the year of hope that any further effort at negotiation would be received by the these railroads would do almost the entire transportation for the Cana­ Senate with the least favor, or even with toleration, the President at dian people through commerce now being immensely increased by the once prepared io deli>er the blow tba.t Congress had empowered him trade furnished by the British lines of Pacific steamers and by the to inflict upon tbe -commerce of Canada whenever, iu his discretion, he trnde from the interior of Canada over the Canadian Pacific Railway. thought it best to strike. The second reason for this arrangement, and possibly the strongest, He had often declared in terms that were stronger and more s~ecl:fic is that the invitation thus held out to Canada to ship her productions :than any that Congress bad employed officially, the wrongs and injus· to foreign markets would keep them out of competition with ns in. our tice done to our fishermen in yiolation of our interpretation of the own markets. . • treaties of 1871 and 1818. His attention to the complaints of our fish- The $20,000,000 of annual increase of our tariff revenues above ouJ 1888. CONGRESSIONAL RECORD-SENATE. 8915

present enormous surplus would furnish an additional argument for a that such redress must now c::>me through retaliation upon Canadian general reduction of our duties and a large increase of the free-list that commerce? would seriously affect the plans of the consolidated phalanx of high-tax That was the serious attitude of this que:Jtion before the world, and advocates in this country. in the debates upon the treaty in this Chamber nodoubtwhateverwas So we :find the railroad barons and the high-tax barons rushing to the left that it was the intention of the Senate of the United States to corral assault upon the President for suggesting that Canadian goods should the President and to compel him to execute the act of 1887, not accord­ pay duties when they pass through the United States. Mr. Blaine ing to his discretion which was given him under that law, but accord­ ceases to "jingo" and the Senator from Ohio makes his conge to Great ing to the commands of the Senate of the United States; not of Congress, Britain when protection comes in sight. but of the Senate. The railroads of New England come in for the advantage of the That was an embanassillg situation, one that had to be met. The united support of both these

engaged in any ordinary vocation will lose a cent from this collection in the direction of its execution as in the direction of omitting to exe­ • I of taxes on goods in transit through this country. Indeed, it is far cute it. So strong was the feeling on the part of the persons who had from being certain that the railroads will lose anything by the resumption insisted upon the passage of this law, that the-President should be of the collection of these duties. The most direct effect a.nd one of the forced to execute it accord~ng to their selfish wishes, that they essayed most important that will flow from this restoration of our former pol­ as the representatives of a :fishing association at Gloucester, in Massa­ icy of collecting duties on Canadian commerce will be to transfer a large chusetts, very early after the enactment of this law, to indicate to the trade, which Cft11ada now conducts with Great Britain and other for­ President of the United States what should be his·line of action in the eign countries, to our own merchants and manufacturers. enforcement of the law. They argued and strongly insisted that, in­ Canadians can not afford to pay their own tariff duties a-nd ours in asmuch as the law related to the redress of grievances on account of addition on imported or exported merchandise; they can not afford to the :fisheries, the exclusion of :fish from the United States should be import during the summer all their supplies for summer and winter, absolute, and that should be the boundary and limit of the retalia.tion and they can not supply themselves at ,such expense as they would that he was to institute in the execution of that law. incur in the loss of constant access to the markets. The money re­ They set up their alleged losses of money in the competition with quired to carry stocks of supplies and other goods for a year at a time Canadian :fisheries as the thing that '\Vas to be compensated in the en­ would be a · great embarrassment to Canadian merchants, and. would forcement of a law that was demanded for the protection of the honor place them at the mercy of all foreign markets. The result would be of the nation.' - that they would be compelled to supply the immediate wants of com­ There are some other interests in thi,s country that are very largely merce by purchases in the markets of the United States. concerp.ed in the exclusion of competing commodities from Canada. I The transportation for these goods would soon pay the railroads of can mention some. The lumber interest of this country is largely New England all that they would lose by a return to our former policy, concerned in the exclusion of lumber brought from Canada into the and the trade of our Western railroads, merchants, and manufacturers United States even under ottr exiSting tariff. There are other interests wou1d be steadily and largely increased. which would be very materially fostered if a prohibitory declaration Canada fails to perceive, in a practical way, and in the actual experi­ or ukase were issued by the President of the United States to prevent ence of her people, the geographical barriers which interm pt their for­ absolutely the importation of those commodities into this country from eign trade. Their statesmen see this matter and realize its importance, Canada. The growers of barley and of wool in the United States, to but the people, always trustful of a government that is liberal and say nothing of the owners of petroleum wells and those who have a de­ just to them, imagine that they are indebted to British diplomacy and mand for iron-ore, particularly the qualities that produce steel, would power for advantages that are vital to them, which they in fact owe to find themselves very considerably benefited, notwithstanding the rates of our forbearance, or, rather, to the selfishness of favored localities that the present tariff, by a law or a proclamation that would prohibit ab­ have been petted and fostered by our Government until they, like the solutely the introduction of those articles into this country. Such ex­ Canadians, believe that we are compelled to shape the whole revenue clusion would give them a larger control of what is called the home system of the United States to provide for their peculiar advantage. market which, it is said, belongs almost exclusively to the manufact­ The President in his recent message has taken a broad and sincere urers of this land. view of this great question, and points out with unanswerable force So the President, upon a question of the mere pecuniary advantage ­ and clearness how a restoration of the former duties on Canadian com­ that his proclamation mi~ht work in behalf of certain people of the merce would answer the double purpose of causing the Canadians to United States, could not justly confine himself, as was demanded by concede proper commercial and other privileges to our :fishermen, also the Gloucester :fishermen, to the prohibition of the introduction of :fish to reJtore to the United States some of the revenues that were formerly into this country, but it would be equally his duty in that view of the taken away by the treaty of Washington of 1871. subject to spread the prohibitions of his proclamation so as to exclude This, Mr. President, would be the first great practical advance to that from the United States at least those articles which were in competi­ commercial union with Canada that will lead to our ultimate political tion with what we produce in our own country. He took a very much association with the Dominion. broader view of this question. He did not hesitate to reply, as he does Neither the President nor any other fair-minded American citizen not heilitate to reply upon any question, to the demand that was thus regards·the action of the Canadian authorities in denying to our :fisher­ made upon him, in terms which were befitting to the magnitude of the men the right to ship their fish in bond free of duty to the United subject, the gravity of the situation, and what he conceived to be, and States as being due to a feeling of hostility towards our country. They what I believe to be, his duty as the Chief Executive of this na.tiop. evidently take a busine....qg view of this subject, and hold that we never He said in reply to the letter of the president of the American Fisheries had the right to make such shipments under their construction of the Union, on the 7th of April, 1887: treaty of 1818. And it wa.s in that attitude th~t the President of the United States found this question when he was driven away from his EXECUTIVE MANSION, Washington, D. C., Ap1"il7, 1887. GENTLEMEN: I have received your letter lately addressed to me, and have duty and constituti,onal authority, in which the Senate shares, to make given full consideration to the expression of the views and wishes therein con­ a negotiation with Great Britain, and was forced by the vote of the Sen- tained in relation to the existing differences between the Government of Great ate to resort to some plan of retaliation against Canada. · Britain and the United States growing out of the refusal to award to our citi­ f zens engaged in fishing enterprises the privileges to which they are entitled The Senate refusing to treat with Great Britain on any basis that either under treat.y stipulations or the guaranties of international comity and it was willing to suggest, or in any terms that it was willing to state, neighborly concession. I sincerely trust the apprehension you express of un­ I retaliation for our wrongs was the only remedy left open to him. just and unfriendly treatment of American fishermen lawfully found in Cana­ Now, can there be a doubt in the mind of any man whose nemory dian waters will not be realized ; but if such apprehension shonld prove to be I well founded, I earnestly hope that no fault or inconsiderate action of any of is capable of carrying facts for six months at a time that the attitude our citizens will in the least weaken the just position of our Government, or of the United States toward Great Britain and Canada on the deter­ deprive us of the universal sympathy and support to which we should be en­ mination of this treaty of Febmary last by the rejection of it by the titled. The action of this Administration since June, 1885, when the fishery articles Senate, was that our rig:hts were not abandoned, our grievances were of the treaty of 1871 were terminated under the notification which had two years not condoned, our sensibilities were not in any respect relieved from before been given by our Government, has been fully disclosed by the corre­ affront, but that we intended to have redress from Great Britain and spondence between the representatives and the appropriate departments of the respective Governments, with which I am apprised by your letter you are en­ Canada for this long accumulation of abuses of the treaty of 1818, and tirely familiar. An examination of this correspondence has doubtless satisfied

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8916 CONGRESSIONAL RECORD-SENATE. _SEPTEJtiBER 25,

you that in no case have the rights or privileges of American fishermen been to force the controversy into a fight c't l'outrance 'I I assume with con­ overlooked or neg-lecled, but that, on the contrary, they have been sedulously fidence that there was no man in the United States who had the reck­ insisted upon and cared for by every means within the control of the ex~cutive branch of the Government. lessness to have taken a position of that kind on this subject. We The act of Congress approved 1\Iarch 3, 1887, authorizing a course of retali­ conveniently, as I have often remarked before, referred this matter ot ation, through executive action, in the event of a continuance on the part of the British-American authorities of unfl'iendly conduct and treaty violations retaliation to the discretion of the President. J.Ve turned our resnon­ affecting American fishermen, has devolved upon the President of the United sibility over to him and yoked it upon his shoulders, and then, instead States exceedingly grave and sol emu responsibilities, comprehending highly of trusting him as an honest and honorable citizen and a sworn officer important consequences to our national character and dign ity, and involving extremely valuable commercial intercourse between the British possessions of the United States Government to obey and observe the Constitution in North America and the people of the United States. and the laws, instead of giving to him thecreditofhisaction, ashe de­ I understand the main pw·pose of your letter is to suggest that, in case re­ served to have in view of all the history of this transaction, we turned course to the retaliatory measures authorized by this act should be invited by unjust treatment of our fishermen in the future, the object of such retali­ around immediate]y and commenced to impeach him in the most severe ation might be fully accomplished by "prohibiting Canadian-caught fish from and defamatory way because he did•not see proper to execute this act entry into the ports of the United States." in the manner in which it was prescribed to him by this association This is a quotation from the letter addresRed to the President. called the American Fisheries Union: The existing controversy is one in which two nations arethepartiesconcerned. They claimed the exclusion of Canadian fish from our markets. Some The retaliation contemplated by tlie act pf Congress is to be enforced, not to protect solely any particular interest, however meritorious or ,·aluable, but to of them being Democrats, the Republicans eagerly joined in their de­ maintain the national honor and thus protect all our people. In this view the mand for the exclusion of fish and nothing else. violation of American fishery rights and unjust or unfriendly acts towards a In: all the debate that has been had upon this quPstion in this body porLion of our citizens engaged in this business is but the occasion for a-ction, and constitutes a national affront which gives birth to or may justify retalia­ not one single Senator has e>er yet intimated that the President of the tion. This measure ont·e resorted to, its effectiveness and value may well de­ United States, in the exercise of the power of retaliation, ought to have pend upon the thoroughness and extent of its appliCRtion; and in t he perforr;l­ taken into consideratien any other subject than fish. No Senator can ance of international duties, the enforcement of international rights, and the protection of our citizens this Government and the people of the United States point to a word or line in that debate which intimated an opinion by must act a-S a unit, all intent upon attaining the be1;t result of retaliation upon any Republican that the President of the United States should, in the the basis of a maintenance of national honor and duty. execution of that law, have prohibited the introduction of barley, of The nation seeking by any means t.o maintain its honor, dignity, and integ­ coal, of petroleum, of iron ore, of lumber, of cattle, of woo], or any rity is engaged in protectiug the rights of the people; and if in such efforts particular interest are injured and special advantages forfeited, these things product of Canada except fish. So I assume, without the slightest ap­ should be patriotically borne for the public good, An immense Yol ume of pop­ prehension that I am doing any person an injustice, that the demand of ulation, manufactures, and agricultural productions, and the marine tonnage and railways to which these have given activity, all largely the result of inter­ the Hepublican p~rty upon the President of the United States for the course between the United St-ates and British America, and the natural growth execution of the act of March 3, 1887, was confined to the prohibition of a full half century of good neighborhood and friendly communiCRtion, form of the introduction of fish into the United States. an aggregate of material wealth and incidental relation of most impressive magnitude. I fully appreciate these things, and am not unmindful of tbe great The 1act that this act was broad enough to cover all goods coming number of our people who are concerned in such vast and diversified interests. from Canada does not alter the demand so persistently made that the In the performance of the serious duty which Congress has imposed upon me, exclusion should relate only to fish. - and in the exercise, upon just occasion, of the power conferred under the act Now, sir, that is an unseemly position for the Republican party lo referred to, I shall deem myself bound to inflict no unnecessary damage or in­ jury upon any portion of our people; but I shall nevertheless be unflinchingly take if they have any respect for their own history; for do we not know guided by a sense of what the self-respect and dignity of the nation dema.nd. and does not_the world know that both by act of Con!! ress in 1872, In the maintenance of these, and in the support of the honor of the Government, and by the treaty of 1871, and by the subsequent act of Congress of beneath which every citizen may repose in safety, no sacrifice of personal or private interests shall be considered as against the general welfare. 1883 the Republican party in the United States enacted that fish for Yours, very truly, immediate consumption, fresh fish coming into the United States, should GROVER CLEVET AND. come free of duty? And do we not know that und.er the processes of GEORGE STEELE, President Ameri~an Fishery Union, and others, freezing fish which are of mcdern practice more than two-thirds of the Gloucester, Afass. a-ctual value of the impo:rtation of that commodity into the United I have read this entire letter because could not take up a section States is free of duty under the construction of that act of Congress? or c]ause of it and read it with justice to the President of the United All fish of every description was made free of duty under the treaty of States. The whole of it is full of pith and substance, -and it contains a 1871, which I suppose no one will deny was a Republican treaty in direct statement of what the President conceived to be the proper every particubr. What did that partydemand? What did they ex­ breadth of the field to be covered in the exercise of the retaliatory pect from the President of the United States? Simply this, that they power intrusted to his discretion by the CongTess of the United States having enacted a law to let in fresh fish·free of duty, the President of in the act of March 3, 1887. Whatever may have been the intention of the United States in the enforcement of the retaliatory law of :March the real ant.hors of that act, it was not the purpose of those who sup­ 3, 1887, should prohibit their introduction and thereby give the bounty ported itat large that it should mere1y furnish an opportunity for· tbe of the entire market in the United States into the hands of the fisher­ benefiting of a particular industry in the United States, a speculative men of New Engla~d. opportunity for a few men to make money out of, but it was intended Now contrast that narrow ground of private speculation, personal as a broad vindication of the national honor and that in its enforcement gain, and local advantage with the- broad and statesmanlike •utter­ there should be a broad exercise of national duty. So the President ances of the President of the United States as to the basis of his policy, regarded it; so be informed the gentlemen who claimed that he should which be stated in the letter to Mr. Steele, which I have just read, and 1·etaliate alone in reference to the very narrow ground of prohibiting you will see at once which of these parties is entitled to the considera­ fish alone, as early as April 7, 1887. tion and respect of the American people for enforcing the laws of this After that declaration on the part of the President of his willingness country in a proper, just, statesmanlike, and national way. You will to proceed with any measure of retaliation that might be found neces­ see one party contending for.the advantages to accrue to few men as a. sary, the question Tecurs,why did he not proceed at once? Why did mere private Rpeculation, a local benefit, and the other insisting that he not proceed to lock up commercial intercourse between the United the controversy with Great Britain upon the subject of the breach of States uncl Canada as early as April,1887, when he wrote this letter? It the treaty of 1818 is a national matter and it must be dealt with in a was but a very short time after that when the Government of Great national way by a national executive. Britain signified its desire to enter into negotiation about this"'Ilatter, So when the President of the United States came to look abontto see and many of those who voted for this retaliatory act of 1\Iarch 3, 1887, in what manner he should exercise the only alternative left to him by did so merely because thE:y believed that it would stimulate Great th_e action of the Senate in the rejection of this treaty, he at once dis­ Britain to activity in her diplomatic effort to settle this controversy n pon covered, or rather at once laid before the Senate of the United 8tates, a just basis. I believe that it had that effect, not that I believe Great that which he bad previously seen, and to which he makes distinct Britain was intimidated by anything that we did, for that was neither reference in his letter of April 7, 1~87, to Mr. George Steele, that there our purpose nor was it a rational view to take of the subject; but Great was a way of reaching Canada on this question which would injure no Britain saw that this country was in earnest about this matter and up citizen of the United States; a way that would inform Canada of her to that time there was no division between Republican and Democrat dependence upon our forbearance and our neighborly conduct for the in regard to the causes which led to our action or the manner in which prosperity. of her commerce; a way to inform Canada that He who that action shou1d be executed and fnlfilled. had constructed the geography of this co~tinent bad put barriers in the Never before did any Congress, or any President evince so decided a winter time in the way of her intercourse with foreign countries that purpose to bring these disputes to a just and final settlement. Canada could only o>ercome by some armngement through which she Great Britain seemed to be equally in earnest, and the best hopes for could reach speedily and safely the seaports of New England and New amicable arrangement seemed to inspire the action of both govern­ York. ments. Canada seems to undervalue the commercial power thus lodged in our The British Government became active in its demonstration of a wish _hands, and we seem to regard it as a matter too insignificant for con­ and purpose to negotiate about this matter. Was there a man in the sideration; and yet this is by far the most important fact in the entire United States who at that time, March 3, 1887, would have dared to situation. rise upon the floor of this Senate as a Senator and to have announced Nothing can be stated that more deeply concerns the future of Can­ that it was the purpose o.fi the Senate of the United States and of the ada as the neighbor of this great Republic than the frozen barrier to Honse of Representatives in voting for that bill to cut off absolutely her commerce that is interposed every winter. aU negotiation with Great Bri~ain on the subject of the fisheries and Up to the time of the treaty of 1871, excluding the tim~ of the ree~ . . . 1888. CONGRESSIONAL RECORD-SENATE. 8917

procity treaty of 1854, customs duties were- laid upon goods imported induced her to consent to all our rights in the fisheries as they existed from Canada into the United States, and duties were laid upon goods in 1783. that Canada might see proper to import through qur ports into her What clearer proposition could be stated to an · intelligent and a pa­ own ports crossing our territory. That was an advantage to us and triotic mind than that? But the President of the United States did a disadvantage to Canada, which both countries perfectly understood ·not by any means have to reach these conclusions by riding down trea­ and fully appreciated. When we came to the celebrated treaty of ties or asking for the repeal of statutes. But Congres..<;, in its neglect 1t!71, which the Senator from Ohio seems to regard as a final settle- of the righls and interests of the people and of its solemn duties, had ment of all difficulties between us, by Jar the most important conces- permitted the statute laws of the United States' to go into tha shape siou that we made to Canada and to Great Britain in that treaty was and condition where it became necessary in order even to guide the couched in the twenty-ninth article, wherein we provided that all of Executive in the performance of his oath to see that the laws are faith­ their commerce crossing the United States and going to foreign conn- fully executed that it should come to his relief and place upon the tries, or coming from foreign countries and crossing the United States statute-book some enactments indicative of the public policy of the going to Canada, should pass through our territory under bond and free United States on this grave and important subject. The law enacted of duty. This concession was not limited to Canadian productions or to in 1873, which put the treaty of 1t!71 into force, had expired by its · importations m·ade by Canadian merchants. It included and still in- own express limitation on the 5th July, 1885, that being the da,te of eludes all that Great Britain may choose to send to Asia or South the termination of Articles XVIII to XXV and Article XXX of the America through Canada. We can not deny to British exports or im- treaty of 1871. ports transit through our territory under bond and free of duty if Can- The PRESIDING OFFICER (:Ur. PALMER in the chair). The Sen- ada chooses to class them as Canadian commerce. a tor from Alabama will suspend. The hour of 2 o'clock having arrived, There we opened wide the gateways of commerce for Canada and it becomes the duty of the Chair to lay before the Senafe the unfinished gave to her advantages to the value of a great many millions of dol- business, which is the bill (S. 3504) restoring to the United States cer­ lars annually. We contributed to her prosperity more than any de- tain of the lands granted to the Northem Pacific Railroad Company to cree of Great Britain or, I had almost said, any decree of 1ate could aid in the construction of a railroad from Lake Superior to Puget Sound, have contributed. We unlocked for her the frozen barrier of the St. and to restore the same to settlement, and for other purposes. Lawrence during six months of the year by permitting her commerce Ur. DOLPH. I a-sk that the pending order be laid aside informally to go and come free across OQ.r own territory to the New England and that the Senator from Alabama may conclude his remarks. New York seaboard. Let some man state some treaty arrangement~ The PRESIDING OFFICER. If there is no objection, the pendmg some act of great statesmanship, some broad act of legislation which order will be informally laid aside. could by any pos.~ibility, in favor of Canada, approach in value tbe Mr. MORGAN. I am very· much obliged to the Senator fr-om Ore­ equivalent of this great concession which we made to her in the treaty gon for his courtesy. I prefer to conclude my remarks this morning, of 1871. I do not believe it possible for one country to grant to an- as I have some enga~ements out of the Senat.e for to-morrow which will other a greater boon than this. prevent my attendance. More than $60,000,000 of commerce annually passes through the The President of the United States found the law in a· condition, as United States without the payment of one cent of duty, a commerce I will observe again, where it was necessary that Congress should act that is bound to pass through the United States for more than half of in order to give to the executive bead of the Govemment a guide to go each year, or else Canada, like a man who in conducting a business is by in its further execution. We find that up to 1873, under the laws Compelled to suspend his labors entirely for six months in the year, of the United States, Canada paid duties upon her goods like all other must be terribly crippled in h r business of every sort. Canada is ab- countries. We find that in 1873 that requirement upon Canada was solutely at our mercy in respect of her commerce during six months in suspended. It wa-s suspended in a way, however, which required that the year. We conceded to her every dollar of duty that we have after the act of suspension had expired it should be re-enacted before charged her upon this commerce up to 1873, when we put the treaty the President of the United States could put it in force. Now, how of 1871 into execution by an act of Congress. We conceded to her du- was that? I will read a part of the act of 1873 so as to make my re­ ties that would have amounted in the Treasury of the United States marks upon this subject entirely intelligible. Section 2866 of the Re­ to $20,000,000 annually at the very lowest calculation, duties that vised Statutes provides that- since the act of 1873 would have amounted in the Treasury of the From the date of the President's proclamation declaring that he has evidence United States, as I have said, to $300,000,000. We made the conces- that the Imperial Parliament of Great Britain, the Parliament of Canada. and · to h d th •t t d "f •t ta d t 11 d th t the Legislature of Prince Ed ward Island have passed Jaws on their part to give SIOn er, an ere 1 s an S, I I S n S a a • un er e wenty- effect to the provisions of the treaty of Washington of May 8, 1871, as contained ninth ru:ticle of tJ:le treaty of 1871. in Articles XVIll to XXV, inclusive, and Article XXX of said treaty, and so What did we get in return for that? We got duty free on the arti- long as said articles remain in force, according to the terms and condit-ions of cles that we import fro'ID.places beyond the Dominion of Canada through .Al:ticle XXXIII of said treaty, all goods, wares, or merchandise arriving at the ports of New York, Boston, and Portland, and any other ports in the United her territories into the United States. What are they? Nothing in States whicb have been, or may from time to time be, specially designated by the world comes through that line to us as commerce except the :fish the President of the United States and destined for Her Britannic 1\Iajesty's pos· · th d" t to Can d" te "to I h tat d · sessionsinNorthAmerica,maybeenteredatthevropercustom-houseandcon- canght In e seas a Jacen a Ian m ry. ave s e In veyed in transit, without payment of duties, through the territory of the United the previous part of my remarks that that sum was probably$200,000 States, under such rules, reg-ulations, and conditions for the protection of the per year. That is a mere estimate, but I should be greatly surprised revenue as the Secretary of the Treasury may, from time to time, p"rescribe. if it should exceed $50,000 a year. That is what we got in return from Another act of Congress, th$ revenue act, contains a similar provision, Canada for a concession of $20,000,000 a year of duties on goods that but seems to enlarge the scope of the act of March 1, 1873, so as to pro­ she is compelled to export and import. vide for the exemption from duties of Canadian commerce passing from I need not dwell any longer upon this subject. I merely propose to Canada to our seaboard and to foreign countries. draw the outline of this picture and let the American mind fill it up, That was the state of the law as the President of the United States as it will be very certain to do. found it at the date of his message to Congrass recently delivered to The President of the United Stat.es found this concession to Canada us. What did it provide? That, in express terms, the act permitting in practicaloperationon the 30th of June, 1885. When he came to en- goods imported into Canada to come free through the United States force the laws of the United States in respect of retaliation he saw that, should expire by its own limitation whenever Articles XVIII to XXV instead of proceeding so as to cut down the trade and traffic of every and Article XXX of the treaty of 1871-the treaty.of Washington­ pri:vate citizen in the land, whether in selling his merchandise, agri- should be terminated. cultural productions, manufactures, lumber, or what not; and instead • Pid Congress have the right to i~pose that restriction upon the op­ of antagonizing the private interest of private citizens against the power era.tion of the treaty of 1871? The answer to that question is that Con­ of the Government of Canada, so as to throw upon the shoulders of the gress has the right at any time to repeal the treaty of 1871. In this weak, the poor, and the helpless the burdens that would follow the country, as I have had occasion before to observe during the long de­ cutting off intercourse with Canada, which must be very heavy, he pre- b.ate upon the subject of the treaty, the Congress of the United States ferred to take the burden upon the shoulders of the Government and is the dominant power and represents the true sovereignty of the pea­ return to the ground that we occupied before 1873. The President pie of the United States whenever it chooses to exercise its will in the preferred to go back to that system of legislation which our fathers form of legislation, and no treaty can stand for a moment in the way established, and which nobody before 1873 had found a rea-son for of Congress thus commissioned to execute the will of the people. abandoning. He preferred to restore our tariff duties upon goods im- So the Congress of the United States gave its assent to the operation p~rted from Canada into the United States, and put Canada upon a of ArUcle XXIX of the treaty of 1871, which exempted Canadian com­ footing with Cuba or Mexico or all other countries. . merce passing through our country from the payment of duty. · But The President is clearly in the right. If we reinstate the law as it for how long a time? Only for the period of time, says Congress, dur­ II stood before 1873, Canad_a, feeling the weight and burden of an act, not ing which Articles XVIII to XXV and Article XXX shall be "in force. of injustice or of national discrimination1 feeling the effect of the with- In 1 S5, after two years' notice, we terminated Articles XVIII to XXV drawal of our generosity to her, will see at once that it would become and Article XXX by an elj)ress act of Congress. There of course arose her to be just, if not generous and liberal, towards the people of the the condition upon which the act exempting Canadian products f.rom United States in respect to their fishing rights in the ports of Canada duties ceased longer to have any operation. That stands in the nature and in the adjacent seas under the treaty of 1818. In the twenty- of a repealing statute. During the time, at least, of the operation of ninth article of the treaty of 1871 we gave to Canad~ enough to have 1 Articles XVIII to XXV and Article XXX, through the effect given 8918 OONGRESSION AL RECORD-SENATE. SEPTEMBER 25,

to them by Congress, the statute virtually repealed the laws which re- us that a common government is a necessity for all alike. A zolverein quired the collection of revenues f1·om Canadian produce imported into would soon lead to this result, and I would welcome such an arrange­ or carried through the United States. ment if I could see how it could be made practicable and equal in its But our law, ,as declared in the statutes, is that the repeal of a re- operations through the action of two independent governments. pealing. statute does·not revive the original act unless by expreS& com- The Canadian Government for some reason that can not be charac­ mand. When this statute expired by its own limitation its repealing terized as one influenced by very sound policy thought it necessary effect upon antecedent laws requiring the collection of duties on Cana- under the twenty-ninth article of the treaty of Washington to pro­ dian tt~mmerce ceased to have full operation, and it became necessary hibit our fishermen from shipping their catch of fish from the cod banks, for the Congress of the United States to :re-enact these laws so far as the mackerel fisheries, and the halibut fisheries of the northeastern Canada is concerned if we chose to extend the term of Article XXIX waters across Canadian territory, under bond and free of duty-a mere and to reimpose these duties upon goods coming from Canada or pass- bagatelle, something that was of no account, so far as the money in it ing through the United States into Canada, if we preferred not to ex- was concerned, to Canada or to us. Nevertheless, it was a righb gnar­ tend that term of Article XXIX of that treaty. It became the duty antied to us under the treaty of 1871, as ha.s been often asserted. of the Congress of the United States to re-establish the :revenue laws Why Canada should have been so purblind a.s to refuse the admission and the duties of the revenue officers before the President could exe- of our fares of fish under bond to pass free of duty across her terri­ cute the laws by collecting those revenues. tory is beyond the imagination, I think, of any xight-thinking man. Now, sir, we will p-g.t the treaty of 1818 out of view. ·we will put Still it has been done, and I fiuppose it will continue t{) be done. every quarrel with the Canadian Government out of view for the mo- In that respect, a~rding to the interpretation that we put upon the ment. When we find that the act of 1873 has expired by its own lim- treaty of 1871, she violates it. If ?tUnited States Senate quickly changes its upon Canadian commerce. On that subject, I will change my whDle policy and declines to become active in respect of Canadian interfer­ programme." . ence with the treaty of 1818. The Senator, in the coure:e of his remarks, mentioned an amend­ I will not follow the Senator from Ohio through all the mazes of his ment that he said he intended to offer, or did offer in the committee. argumentation, in which I think the Senator, after he gets his mind a What was it? An amendment to strike out the fifteenth section, or little cool from the influence of this passionate political campaign that so much of it as related to ~:e wrongs, tion. though .I recall not one single demand, except that of the Sunday fish­ It was further provided, however, in the treaty that in the event that ing in the .Bay of Fundy made by the Senator from New York [Mr. either of them, any State or any colony, should not comply with this Ev..A:RTS] when he was Secretary of State, ever made by a ·Republican mutual agreement then the other Government could :proceed to legis­ President upon the Government of lrt-eat Britain for a single wrong late in its own way as lf that article were abrogated. that hacl been done to us daring the last seventy years. There is not The Senator from Maine [Mr. HALE], who has long been >ery :f..'llmil­ a Senator on this floor who can rise in his :place and state .from the iar with these questions, when he was debating the treaty before the records of the .history of this country a single specific demand made Senate announced his disagreement with the President of the United in regard to a single American ship that was ever made by a Repub! States and with the policy which he had adopted, because the Presi­ lican administration in this country under the treaty-not Qne. dent had not treated with Great Brit::tin about this canal question. Instead of making demands for wrong;-s, they have paid almost un­ With the treaty before that honorable Senator, showing plainly and limited sums for peace and for the passing over of these questions in palpably the reasons why Great Britain could not do it, and why the silence. When ML Cleveland came in, he opposed his powers with a United States could not do it, neither having any control of States or bold front against the aggressions and demands of the British Govern­ of colonies, the Senator complained that the President of the United ment. He made a demand for eompensation to every ship that had. States had not opened negotiations with Great Britain for a treaty on been nnlawfully seized, for every article of property that had been this subject. improperly dealt with, and for every fisherman whose rights had been The Senator from Ohio recognizes the -situation. He knows that transgressed by·the conduct of the Canadian authorities. neither of these Governments can -advance a hair's b1·eadth farther than Not only did he that, but he went into negotiation with the British it has already gone in the arrangement of a treaty regarding the sub­ people for the purpose of seeing if an adjustment of their rights could ject of fares upon the canals and the passage of ships and pas~engers be made, and then, as I remarked the other day, instead of withhold­ and commerce through them. Then what remains to be done? There ing this treaty, postponing the subject, dallying with it until the heat has been discrimination, there has been wrong, there has been that con­ and burden of this -great political campaign had passed .away, when it cealment about the discrimination and wrong that stamps it as in the could not become an element of political exploiting by either of the nature of an overreaching act. What is to be done? No power.can act gre..'l.t parties of the country-instead of doing that, he came boldly but Congress., and the Senator knows it. forward with his treaty and laid it before a Republican Senate and The President of the United States comes here and asks us to act. asked their concurrence in it when be knew it took two-thirds of that The Senator from Ohio holds up the utopian scheme, blazoned with body to concur. the brightest hDpes that ever challenged human admiration, of tbe Allow me to remark again-for I like to remark upon it-there is n o ultimate admission of Canada into the Union as the all-healing balm act of political staxesmanship that ever characterized the conduct of a for these troubles. He will not introduce a bill here to a.ssist the President of the United States that has in it more of honest. sincere 8920 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 25,

manhood and moral heroism than that act of the President of the the election. Now, after the treaty is r~jected and the President still United States: He wants open discussion of everything. He wants refuses to exercise the powers for retaliation placed in his bands by Con­ the people of the United States to see and to feel tltat they are right. gress, they turn around and complain of the Republican majority of He resorts to no concealment. When he has a proposition to submit the Senate because we do not precipitately grant the Presirlent's re­ to the Con2:ress of the United States he comes boldly forward with jt, quest for further power to retaliate upon the Canadian pro·vince3. no palterin-g, no double dealing, no hiding away of his opinions, but From the advocates of the Rritish side of this fi hcries controver, y he puts the subject before the people and the Congress in such a direct they become now the most radical advocates of retaliation. They can and sincere and manly form as that no man who reads it can misunder- not state the British aggressions upon American fishermen and the stand it. · wrongs of Canada against the United States too strongly. Witne sing So he comes to the Congress of the United States and asks in his mes­ the facility with which tl:ey change positions on this question, one is sage that we shall give him this power not merely to retaliate upon ready to exclaim: Canada for wrongs she has done us, but to convince her that she must 0 consistency, thou art a. jewel! n ot do these things any more. lie asks Congress to put the revenues Mr. President, I regard the message of the President of the United ot' our country in respect of Canada upon the same footing that they States of the 29th ultimo, relating to legislation concerning intercourse are in respect of Mexico or any other foreign state, and also to relieve with Canada, as a most extraordinary document. To be properly him from an embarrassment which every lawyer must see that he can understood it must be considered in connection with certain facts relat­ not escape from as long as the law remains in its present imperfect and ing to the controversy between the United States and Great Britain eonfm;ed form. That is what he asksofus, a plain, ~simple thiJ!g. The concerning the fishery rights of our citizens in British waters under question is whether we will grant it. I do not believe that Congress the treaty of 1818 and our claim to reciprocal commercial privileges in will grant it, notwithstanding the almost solid vote of the House. Canadian waters. There is no intention on the part of the majority in the Senate to grant These controversies, as I stated on a former occasion, may be stated it. There will not be any action taken upon it according to present to be first in regard to the delimitation of the common waters within appearances. . which American citizens have a right to fish under the treaty of 1818 . lt will be but a few days now, as we are informed, until the report from the wa~rs in which we renounced the right to fish under the re­ comes in on the tariff, and that will wedge everything else out, and nunciatory clause of that treaty on certain coasts of the· British prov­ • after we have stood here and implored the postponement of action upon inces; and second, as to the laws which have been passed by the Ca­ this treaty until December, so that the people of the United States. nadian provinces to regulate the exercise by American fishermen and might have a l!hance of haviiJg actual experience and actual observa- American fishing vessels of their rights to fish in Canadian waters and - tion of its benefits under the equivalent operation of tqe fiWdus vivendi their right to enter certain bays and harbors for the purpose of shelter in the protocol;· aft.er refusing to postpone it, when the President asks and repair and for obtaining wood and water. for a power from this Congress which would be available, they say to The controversy in regard to the delimitation of the common from him, ''No, do not reinstate duties upon Canadian commerce; you Will the restricted waters turned on the question of the meaning of the burt the railroads of the country if you do that; you will hurt the words " bays and harbors" as used in the renunciatory cJause of the corpora.tions; go and make proclamation of non-intercourse where the treaty of 1818, and that of course could only be settled finally by agree=­ burden will fall not upon the great corporations of the country, but mentor by arbitration. The claims of citizens of the United States upon the individual laborers who are enga~ed in manufactures, in against the ;British Government for the unlawful seizure and confisca­ mining, the timber and lumber industries, and in agriculture." In­ tion of their vessels for alleged violation of provincial laws could only Rtead of making the yoke to fit the necks of the corporations, who are be determined by agreement or arbitration with the British Govern­ the instigators of all this trouble, they want the President, by his proc­ ment; but the question of delimitation was not an important or a lamation of non-intercourse, to put yokes upon the necks of the work­ pressing question from the fact that neither Great Britain nor the pl·ov­ ing people of the land. · ince~, with one or two exceptions, had ever undertaken to enforce the The next outbreak of sympathetic eloquence we· shall hear when the headland theory, and the question of the claims of our citizens against tariff comes in from the committee will be ''what trusted and sympa­ Great Britain was not of great urgency. Such claims lose nothing by thetic friends of the poor and the laboring people are the Senator from lapse of time and will remain demands against the British Government Ohio and his ftiends on this floor," who are now so careful of the rail­ until they are .finally determined and settled. road companies. The important question of the controversy·was the question of our The President of the United States knows how to discriminate in commercial relations with the Canadian provinces, the question of re­ the measures he recommends so as to save the people whom he loves ciprocal commercial privileges to our vessels, including our fishing ves­ from unnecessary burdens falling upon the individual man. If bur­ sels, in Canadian waters, and the interests and the dignity of the United dens must come and be borne, let them be borne at least in a fair share States demanded, inasmuch as this question of commercial privileges by those who have amassed great accumulations of capital and who en­ did not depend upon treaty but upon the laws of the two countries, I joy enormous corporate privileges and franchises at the hands of the say the interest and the dignity of the United St.ates demanded that Government. · there should be denied to Canadian vessels in our ports the privileges But the moment we undertake to strike a blow for the honor and wel­ which were denied to our commercial vessels, including fishing vessels, fare of the country which may reach a railroad corporation, then we in the ports of Canada. find the great Senators on this floor and the great politicians of the Re­ The Congress of the United States by the act of ~larch 3, 1887, con­ publican party rallying to shelter the railroad corporations against a ferred upon the President of the United States power to deny to the fair share of the burdens, and demanding ofthe President of the United vessels of the Canadian and other British provinces of North America States tha-£ he should pass them by and let the burdens of retaliation the privileges in the ports of the United States which were denied to fall upon the necks of the laboring people of the land. · American vessels in the ports of the Canadian provinces, and it further That is the situation, and right there, Mr. President, I leave it. conferred upon him power to retaliate upon the Canadian provinces for ~Ir. DOLPH. Mr. President, I had not intended to occupy the at­ the unlawful, unjust, and brutal treatment of our fishermen in Cana­ tention of the Senate on the fisheries question or on the question of our dian waters, and for the denial or abridgment of the rights of our cit­ relations with Canada ag:dn this session, and should not have done so izens under the treaty of 1818 or under international law in Canadian except for the extraordinary speech which has just fallen from the lips waters. of the Senator from .Alabama [Mr. MORGAN]; and even now I shall be The President did not enforce that act, which I will show presently very brief. contained ample power of retaliation. What did he do? He nego­ The Senate has constituted two committees to inquire into our com­ tiated a treaty by which the United States surrendered in large part mercial and other relations with Canada and to report t.o the Senate their claim upon the question of delimit-ation, their contentjon as to thereon. The t.reaty recently before the Senate has been rejected. The what were bays and harbors within the meaning of the renunciatory President still declines to enforce the provisions of the ad of March 3, clause of the treaty of 1818, by which no provision was made for the 1887, commonly known as the retaliation act. His attempt to divert presentation or determination of the claims of American citizens for attention from his refusal to do so, and from the conspicuous failure of wrongs inflicted upon them by the provinces or by Great Britain,' for his attempt at negotiation with Great Britain has proved futile, and I the unlawful seizure and confiscation of their vessels; and by which am quit-e satisfied with the situation. Our friends on the other side of the United States surrendered, Ol' would have surrendered if the treaty the Chamber do not appear to be satisfied. had been ratified, our claim to reciprocal commercial privileges in Ca­ · In March, 1887, they presented a united front in favor of the posi­ nadian waters, and agreed that if our fishermen were to receive eve.n -tion that a treaty was not necessary, that negotiation was not desira­ partial commercial privileges such privileges should be purchased by ble, that retaliation was the trne remedy for the aggressions of the the surrender of duties to the amount of about $1,000,000 a year. Canadian provinces upon our fishermen and fishing vessels. Suddenly And, sir, when that treaty was before the Senate and under discus­ they changed front. They became the defenders of the Administm­ sion, as I -have said before, appeals were made from the otl;J.er side of tion; they sang the praises of the treaty which had been negotiated the Chamber for the postponement of the treaty, a motion was made and which was recently rejected by the Senate, but there was always l?Y a member of the other side for the postponement of the consideration an interlude of a proposition to postpone the consideration of the treaty of the treaty until December next, and the Republican side of the Cham­ until after tbe November election; just as if a treaty which would be ber were threatened that if the treaty was not ratified the President desirable aft~r the 6th of November would not be a good thing before would enforce the act of March 3, 1887, and in such a manner as to in- -. • 1888. CONGRESSIONAL RECORD-SENATE. 8921

iure the business and destroy the industries of the American people abroad, produce simply passing tbrou.e:h the territory of the United and bring bankruptcy upon the country. Such threats were used in States. The language of this act is broad enough to authorize the ord~r to endeavor to secure the ratification of the treaty. President to prevent any production of Canada from coming into the Well, sir, that treaty, which was a shameful- surrender of American United States either for consumption in the United States or ior trans­ rights, was rejected, as it should have been. The President was 1eft portation to a foreign country. free to execute the act of March 3, 1887, free to retaliate upon Repub­ The Senator says, and the President declares in his message, that lican Senators lor the rejection of the treaty; but he cho e to bluster the twenty-ninth article of the treaty of Ui71 has ceased to be in force. instead of to act. He declined to exercise the power which had been In my opinion that ar.ticle is still iu force. I believe the Canadian au­ placed in his hands; he refused to accept the measure of retaliation thorities are right in regard to that, and it will be in force until two which bad been established by law. He ndertook to instruct Con­ years' notice has been given by the United States, under the authority gress upon the question. He demanded power to do what? To pre­ of Congress, to termtllate it, unless this act of March 3, 1887, shall be vent the transportation in bond of goods brought from Canada into the held to be an abrogation of that article of the treaty. Certainly if that United States for the purpose of being shipped abroad and goods im­ article is not in force, as the President declares, .then there is nothing ported from abroad and brought into the United States for the purpose in the way of this act, and the President has ample power under the of being taken into Canada-a power the exercise of which would hurt provisions of this act to prevent the importation into the United States American transportation companies alone; a power which would tend of any production whatever of Canada. to destroy American interests, and which it is very doubtful if it would But if it should be held that the act of l\f9rcb 3, 1887, must be con­ harm Canada at all, because if transportation were diverted from strued in connection with the twenty-ninth article of _the treaty of American transportation lines it would be transferred to Canadian 1 71, and that it was not the intention of Congress to abro.e;ate that arti­ lines, and would build up Canadian transportation companies and cau e cle, and the article is still in force, then it is a ·treaty obligation, and the construction of new lines of railroad, and in the end, as is-claimed unless we are willing to violate the treaty it requires a notice to the by leading men in Canada, would be a benefit to the Canadian prov­ British Government to terminate it. inces. The Senator fromAJabama [Mr.l\IORGAN] dwelt upon the immenso The exercise. as I will show· in a moment, of the power which was amount of foreign merchandise that is transported in bond across the placed in the Pres:dent's bands Wider the act of March 3, 1887, would territory of the United States and into Canada free of duty, and ot have injured Canada. Was that the reason the President did not ex­ Canadian products that are transported in bond across our territory ino­ ercise it'? The power asked for would injure Amerir.an interests, and tended tor exportation, anrl he talks about the duties which we lose it is doubtful if it would injure Canada in the long tun.. Is that the by that transportation. I did not suppose there was a man in the reason the President desires the power? If I am correct in regard to United States, capable of understanding a plain statute and knowing the effect of the exercise of this power it would seem to be the desire the circumstances, who believed that this transportation of merchandise to retaliate upon the people of the United States rather than those of in bond across the territory of the United States affects our revenue Canada. Why, sir, if the President bad exercised the power which was from duties at all. If duties were collected on merchandise to be placed in his bands to deny to Canadian vessels entry into our ports, it imported into the United States intended for Canada or on mer­ would not have been thirty days until our fishing vessels would have chandise brought into the United States from Canada intended for been granted full commercial privileges in the Canadian provinces. exportation, it would not be transported across the territory of the If the President had denied the importation into the United States United States. The products of Canada would seek other routes to of fresh fish or salt fish or lumber, it would not have been thirty days the sea, and her importations would be through her own ports. It is until the Canadian provinces would have been casting about to see not an arrangement affecting the revenue at all; it is a mere matter of how t.bey could amend-their Jaws to give our fishermen all the privi­ the convenience of the two countries. le.e:es we have ever contended that they should have under the treaty While the Senator magnifies the amount and character of transpor­ of1818. tation in bond, so far as it is claimed to be beneficial to Canada, he belittles Sir, I deny that the act of March 3, 1887, does not contain complete the QUe3tion of transportation in bond of Ame:rican oroducts across Cana­ power for retaliation, and power to retaliate on Canada in such man­ dian territory. 1 will inform the Senatortbat-tbere is a large amount ner as to harm Canada and be harm!ess to ourselves. Let us see what of products of the Pacific coast that is now transported by the Cana­ that act provides. It provides, first- dian Pacific through Canadian territory and bro~gbt again into the That whenever the President of the United States shall be satisfied that Amer­ United States. I understand there is a large amount of American ican fishing vessels or American fishermen, visiting or being in the waters or products also brought over the Grand Trunk Railroad of Canada, at any ports or place!' of the British dominions of North America, are or then lately have been denied or abridged in the enjoyment of any r ights secured to productsoftbeWesternStatesthat are shipped through to New York. them by treaty or law, or are then or lately have lbeen] unjustly vexed or ha­ Probably tht:>re is quite as much of transportation of American prod­ rassed in the enjoyment of such rights, or subjected to unreasonable restrictions, ucts in hond through the Canadian provinces-! do not speak after an regulations, or requirements in respect of such rights, or otherw1se unjustly vexed or harassed in said waters, ports or pla~es; or- examination of the question, but from my observation--as there is of tr ;-~ nsportation in bond through the United States of the products of Second- Canada or merchandise imported intended for Canada. whenever the President of the United States shall be satisfied that any such fishing vessels or fuhermen, having a permit under the laws of. the United I have shown, as I believe, that the President bas ample authority, States to touch and trade at any port or ports, place or p laces, in the British if disposed to retaliate on Canada, to do-so in such a manner as to burt dominions of North America, are or then lately have been denied the privilege Canada and not to injure the United States; that be is not confined by of entering such port or ports, place or places, in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most the Republican party, as was claimed by the Senator from Alabama, favored natioo, or shall be. unjustly vexed or harassed in respect thereof, or to retaliation by forbidding the importation of :fish. Nothing that the otherwise be unjustly vexed or harassed t.herein, or shall be pre>ented from Senate has clone or that Congress has done limit-; liis powers; and out­ purchasing such supplies as may there be lawfully sold to tradin~ vessels of the most favored nation; or- side of Congre..::s it is certain the Republican party ca not control the President of the United States in the exercise of his powers under this Third- act. He is not confined to the prohibition of the admission into the whenever the President of the United States shall be satisfied that any other ves­ Unitfd States of fresh fish or of salt fish, but may prohibit the entry sels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British dominions of North America, are oJ wheat. or barley, or lumber, or any other Canadian product. or then lately have been denied any of the privileges therein accorded to the While be refuses to exercise the power conferred upon him, when he vessels, their masters or crews, of the most favored nation, or unjustly vexed or has, as I believe, deliberately refused to execute such power, and wisely harassed in respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases, it shall be lawful, and determined not to carry out the threats which were made freely on it shall be the duty of the President of the United States, in his discretion, by this floor as to what would be done if the treaty was rejected, I for proclamation to that eftect-- one am not willing to place in his hands a further power which, if ex­ First- ercised, would probably only hnrt American interests without harming to deny vessels; t.heir masters and crews. of the British dbminions of North Canada. America, any entrance into the waters, ports, or places of or within the.United The bi11 offered by the Senator fro:rp. Alabama and which has been States (with such exception-s in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem prop'er), whether such ves­ referred to by him conta,ins a section relating to the question of tolls upon sels shall have come directly from said dominions on such d estined voyage Canadian vessels on the canals of the United States. I have examined or by way of some port or place in such destined voyage elsewhere; and- the correspondence which was submitted by .the President in answer Second- to the resolution of the Senator from Massachusetts [1\Ir. HoAR] call­ also to deny entry into any port or place of the United States of fresh fish or salt ing for the correspondence upou the subject. I do not find anything fish or any other product of said dominions, or other goods coming from said in that correspondence that makes action by Congress so urgent that dominions to the United States. we can not wait until after the committee appointed to examine our Here there is conferred upon the President of the United States relations with Canada shall have had time to investigate the subject ample authority to prevent the entry into any port of the United States and report. · of any vessel belonging to the British provinces, and authority, as I Ml'. SHERMAN. I hope the resolution will now be referred. said before, to prevent the importation of fish, either fresh or salt, or any The PRESIDENT pro tempor·e. The question recurs, by unanimous other product of Canada. The Senator from Alabama. insists-that it consent, on the motion to refer the resolution. requires legislation to enable the President to prevent the importation Mr. GEORGE. I had some thought of makin.e: some remarks on into the United States of products of Canada intended to be transported the resolution.

-.. OONGR.ESSIONAL RECORD-SENATE. 8922 . SEPTEJ\IBER 25, Mr. SHERMA.. N. There are several Senators who wish to discuss the bill (H. R. 7410) for the 1·elief of settlers upon old Camp Sheridan the subject-matter of the resolution. If the Senator from :Mississippi military reservation. will allow it to he now referred to the Committee on Foreign Relations, By unanimous consent, the Senate, as in Committee of the Whole, it will no doubt be reported back one way or the other without delay. proceeded to consider the bill. 1\Ir. GEORGE. It will be reported back very soon? The bill was reported to the Senate without amendment, ordered to Ur. SHERMAN. Very soon, one way or the other; ·I can not say a third reading, r~d the third time, ancl passed. which way; and then the Senator IVill ha>e an opportunity to speak 111AltY NEWTON. upon H. 1 should like to have it referred so that it may be considered The PRESIDENT pro te11l]Jore. The first private pellsion bill on the to-morrow, if possible. . · Calendar will be stated: · 1\Ir. GEORGE. With that understanding! consent to the refereacc. The SECRETARY. A bi~ (II. R. 9227) for the re1ief of Mary New­ The ~PRE.SIDENT pro temp01·e. The resolutioawill then be referred ton. to the Committee on Foreign Relations. Mr. COCKRELL. I object to that bill. Let it go to the other Cal- 1\Ir. CULLOM. I desire simply to state that I expect to say so~e­ enda.r. thing on the resolution myself; but if the Senator from Ohio expe<:ts The PRESIDENT pro tempore. The bill will he placed on the Cal- soon to get it back into the Senate from the committee, I shall defer endar under Rule IX. my remarks. ELIZ.!\.BETH EVAN'S. Mr. SHERMAN'. It will be reported one way or the other very soon. The bill · (H. R. 2120) granting a pension to Elizabeth Evans was EXTENSION OF APPROPRIATIOXS. considered as in Committee of the Wbole. It proposes to place the Mr. ALLISON. I report back from the Committee on Appropria- name of Elizabeth Evans, dependent sister of William Ayers, late a tions the joint resolution C.H. Res. 225) to continue the provisjons of pri vatc in Company F, Thirty-se>enth Regiment of India,na Volun­ ex.isting laws temporarily for the expenditures of the Government. I tecrs, on tile pension-roll at $12 per month. ask unanimous con..ent the man.u- The bill (S. 3423) gmnting a pen ~iou to Irene Rucker Sheridan, factnre·or sale of adulterated food or drugs m the D1stnct of Columblll; widow of General P. lL Shendan, was considered as in Committee of which were 1·ead, as follows: . the Whole. In line 5, after the word." health," i_nsert "or l!lanufacture any article of f?od The bill was reported from the Committee on Pensions with an which shall b~ composed m whole or m part of diseased, decomposed, offensive, amendment to strike out all after the enacting clause and insert: or unclean ammal or vegetable substance." · • ' In line 6, after the word "Eell," insert" in the· District of Columbia." That the Secretary of the Interior be, and he is hereby, authorized and di- . In line 7, after the word "sta,ined," sti'ike out "or." rected to place on the pension-roll the nam.e of Irene Rucker Sheridan, widow In line 7, after the word" powdered," insert" or manufacllll'ed." of Philip H. Sheridan, late General of the A..l"my of the United States, and pay Page 2, line 3, after the word" sell," insert" in the District of Columbia." her at the rate of ~,500 per year during her natural life, from and after the 5th Page 2, line 25, after the word "sell," insert " in the District of Columbia." day of August, 1839. P>~ge3,line7,afte~·theword''sball,"insert''in~eDL<>trict.ofColumbi:;t.'' rrl' d t u It P 3 line 18 str1ke out the words "any exceptiOn or pl'OVIsiOn" and msert ne amen men was a"'ree( o. "pr~;is~." ' The bill was reported to the Senate as amended, and the amend- Page 4, line 14, strike out an after "Sec. 11" down to and including the word ment was concurred in. "drugs," in line 26, and insert: ".T~at the analysis provided for in this act shall The bill was ordered to be engros~ed for a third readina ancl was be under the control of the CommlSSioner of Internal Revenue, under such rules . . ::; • "'' and reo-ulatious as may be prescribed by the Secretary of the Treasury." read the thud time. ' Page"5, line 4, after the word "same," insert "to the Commissioner of Internal The PRESIDENT p-ro tempore. ·Having been read three times, shall Revenue." h bill ? Page 5 line 4, strike out all afte.~:. the word "analyzed" down to and includ· t e pass· . . . . in"' the ,~ord "with," in line 6, ana insert "who shall with." l\1r. BERRY. :Mr. Pxes1dent, I do not desue to d1scuss the b1ll, nor Page 5, line 6, strike out the words" analyze the same" and insert" cause do I care to call for the yeas and nays. I wish to state however that such analysis to be made." - I d to th b "ll d I h li t " " -'t ~ ' Page 5,line 30, strike out all after the word" That" down to and including am OPJ?OSe e 1 , an S a >O e no upon IS passage. the word "District," page 6, line2, and insert "the Commissioner of Internal The btll was passed. Revenue may." GEORGE RHODY. Mr. FAULKNER. I move that the Senate concur in the amend­ The bill (H. R. 2139) granting a pension to George Rhody was con­ ments of the Honse of Representati>es. sidered as in Committee of the Whole. It proposes to increase the pen­ The amendments were concurred in. sion of George Rhody, late a private in Company K, Thirty-sixth Regi­ CONSIDER.A.TION OF PEN'SION BILLS. ment Indiana Volunteers, to $30 per month, in lien of the pension he is now receiving. Mr. DAVIS. I move that the Senate proceed to the consideration · The bill was reported to the Senate without amendment, ordered to of private pension cases on the Caiendar favorably reported. a third reading, read the third time, and passed. The PRESIDENT pro temp01·e. The Senator from Minnesota asks unanimous consent that the unfinished business, being the Northern lUARY L. TANNER. Pacific Railroad forfeiture bill, may be informally laid aside, and that The bill (H. R. 10705) granting a pension to Mary L. Tanner was the Senate pror.eed to the consideration of the private pension bills on considered as in Committee of the Whole. It proposes to place on the the Calendar favorably reported to which there is no objection. Is pension-roll the name of Mary L. Tanner, widow of Alanson G. Tan­ there objection to the request? 'Ihe Chair hears none, and it is so or- ner, late of Company K, One-hundredth New York Volunteers. dered. · The bill was reported to the Senate without amendment, ordel'ed to Mr. PADDOCK. I ask tbe indulgence of my colleague upon the a third reading, read the third time, and passed. Committee on Pensions to call up a House bill which is of local con­ MARY C. THo.:\IPSON. cern, but quite important, and which ought to have been passed some Tbe bill (S. 3428) granting a pension to Uar.v C. Thompson was con­ time ago. sidered as in Committee of the Whole. Mr. DAVIS. I am willing t

• / 1888. CONGRESSIONAL RECORD-SENATE. 8923

Mr. PLATT. When I was upon the Pensions Committee I maoe The bill was reported to the Senate as amended, and the amendment an unfavorable report in that case. As I remember it, Dr. Fillmore was concurred in. Thompson was a Union man at Hot Springs, Ark., and was engaged The bill was ordered to be engrossed for a third reading, read fJhe by General Steele to lead the expedition which attempted to make a third time, ::md passed. union with General Banks. On that expedition, by reason of expos­ HANNIBAL KHIB.A.LL. ure, Dr. Thompson was taken sick, and soon after his return to Hot The bill (ll. R. 10245) granting an increase of pension to Hannibal Springs died. There was no question upon the papers but that he lost Kimball was considered as in Committee of the Whole. It proposes his lite in consequence of·his services as guide to that expedition; but to place on the pension-roll the name of Hannibal Kimball, a soldier at that time we had not been in the habit of pensioning even scouts. of the war 1812, at $30 per month, in lieu of the amount now received The committee had not reported any bill pensioning a scout, but had by him . . reported uniformly against them at that time. The bill was reported to the Senate without amendment, ordered to ·The report in behalf of the committee, as) recollect it, stated that a third reading, read the third time, and passed. this was a very meritorious case, and that it was onJy because tbe com­ mittee had not repo1:ted favorably upon such cases that it was reported lllRS. DULCENA NOEL. against at that time. The bill (H. R. 9341) granting a pension to Mrs. Dulcena Noel was At the present session 1\!rs. Thompson, the widow, came to me with considered as in Committee of the Whole. It proposes to place on the my former report and spoke of the hard straits to which she wus re­ pension-roll the name of Mrs. Dulcena Noel, as the dependent mother duced; that she had lost not only her husband's life, but his property, of William T. Noel, late a private in Company G, Seventeenth Iowa by reason of his death at that time; and that she was utterly without Volunteers. · means to support herself, and with some persons dependent upon her, The bill was reported to the Senate without amendment, ordered to as I remember. . a third reading, read the third time, and passed. I then made inquiries as to the course of the committee and of the 1\IARGARET QUINTON. , . Senate since that time. I found that the rule of the committee at the The bill (H. R. 10122) granting a pension to Margaret Quinton was time when I was upon it had. been reversed·by the Senate, so that now conside1·ed as in Committee of the Whole. It proposes to place on the cases of scouts who were wounded in the service were reported favor­ pension-roll the name of Margaret Quinton, an A.rmy nurse during the ably upon and pensioned by the Senate; and also that in the case of late war of the rebellion, at $12 per month. widows of scouts who had lost their livP.s while engaged in their du­ The bill was reported to the Senate without amendment, ordered to ties the Senate had been in the habit of granting pensions to such per­ a third reading, read the third time, and passed. sons. FRANCES P. VERNON. I said to her, therefore, that I thought the Senate ought to reverse The bill (H. R. 7912)" for the relief of Frances P. Vernon was con­ its action in this case, and I introduced a bill in her behalf which was sidered as in Committee of the Whole. It proposes to place on the. pen­ referred to the committee and has been reported favorably. sion-roll the nameofFrances P. Vernon, widowofRichard B. Vernon, 1\Ir. COCKRELL. There is but one point I wanted to inquire about. late of Company M, Sixth Regiment Kansas Volunteers. I am awareofwhat has been done here in regard to pensioning scouts; · The bill was reported to the Senate without amendment, ordered to but the last clause of the amendment proposes to place l\1rs. Thompson a third reading, read the third time, and passed. upon the pension-roll and give her a pension as the widow of a captain. I have :~:ever known the Senate to pension a scout in the position of a J. W. LEIGHT. captain. The bill (H. R. 2716) granting a pension to J. W. Leight was con­ M:r. PLATT. Congress places a scout in a great deal better position sidered as in Committee of the Who1e. It proposes to place on the pen­ than a captain very often, because a captain if totally disabled gets $20 sion-roll the name of Jonathan W. Leight, late hospital steward of the a month, while a scout very often under the provisions of special acts Sixty-seventh Regiment Ohio Volunteer Infantry. gets a pension which a captain could not get. But I think, with my The bill was reported to the Senate without amendment, ordered to view of the somewhat distinguished character of the gentleman who was :1 third reading, read the third time, and passed. her husband, the amount which the committ-ee put in the amendment GEORGE C. QUICK. is very modest. · The bill (H. R. 10738) to increase the pension of George C. Quick The amendment was agreed to. was considered as in Committee ofthe Whole. It proposes to increase The bill was reported to the Senate as amended, and the amendment from $16 to $30 per month the pension of George C. Quick, late a private was concurred in. in Captain Miller's company of Illinois Mounted Rangers, in the war The bill was ordered to be engrossed for 3 third reading, read the with the Indians commonly called the Black Hawk war. • · third time, and passed. The bill was reported to the Senate without amendment, ordered to MARY ANN REID. a third reading, read the third t;tme, and passed. The next bill on the Calendar was the bill (H. R. 10954) for the re- RICHARD PORTER. lief of 1\fary Ann Reid. :Mr. COCKRELL. Let that go over. The bill (H. R. 10241) increasing the pension of Richard Porter was The PRESIDENT pro tempore. The bill wiJl go over. considered as in Committee of the Whole. It proposes to pay to Richard M:r. COCKRELL. I object to the bill. Let it go on the other Cal­ Porter, late a private in Company B, One hundred and ninth Regiment endar. United States Colored Troops, a monthly pension of $40, instead of $4, The PRESIDENT pro tempore. The bill will go over to the Calendar the amount now paid, be being totally blind. · under Rule IX. The bill was :reported to the Senate without amendment, ordered to a third reading, read the tJ:ird time, and passed. THOJI.AS SHACKELFORD. The bill -(H. R. 9719) for the relief of Thomas Shackelford was con- HENRY_ MITCHELL YOUNGBLOOD. sidered as in Committee of the Whole. It proposes to place on the The bill (H. R. 10907) granting a pension to-Henry l'riitcllell Young- pension-roll the name of Thomas Shackelford, late of the Eleventh blood was considered as in Committee of the Whole. It proposes to United States Infantrv of the Mexican war. place on t}le pension-roll the name of Henry 1\iitchell Youngblood, who The bill was reported to the Senate without amendment, ordered to serve~ in ~~I_>t. Ric!Iard Sloan~~ company, First RegiJ?ent Drafted a third reading read the third time and passed. · Georgia 1\:bhtla, Indian war, 18.... o, under the name of .UIChael Young- , ' blood, at $20 per month. MARY A. C.AllR. J The bill was reported to the Senate without amcndme.n.t, ordered to The bill (ll. R. 4102) granting a pension to Mary A. Carr was con- a third reading, read the tqird time, and passed, sidered as in Committee of the Whole. It proposes to place on the MARY A. COVEY. pen~ion-r~l1 the na~e of :Mary~· Carr, ~idow of Jeremiah Carr, late The bill (H. R. 6309) for the relief of :Mary A. Covey was considered a pnvat~ m the Third Battery L1ght Ar~illery Vermont Volunteers. as in Committee of the Whole. It proposes to ·place on the pension- T~e bill ~as reported to ~e S~nate without amendment1 OTdered to roll the name of Uary A. Covey, widow of Henry G. Covey, late a pri- a thud readmg, read the third time, and passed. vate of Company A, Sixtieth New York Volunteers. DAVID o. SANBOBN. The bill was reported to the Senate without amendment, ordered to The bill (S. 34.56) granting a pension to David 0. Sanborn was con- a third reading, read the third time, and p.:tssed. S1defed as in Committ...ee of the Whole. BENJAl\HN FRANKLIN. The bill was reported from the Committee on Pensions with an amend- The bill (H. R. 5193) granting an increase of pension to Benjamin ment, in line 7, after the word "pension-roll," to strike out "at-the Franklin was considered as in Committee of the Whole. It proposes rate of .$24 a month;" so as to make the bill read: to place on the pension-roll the name of Benjamin Franklin, late of Be it enacted, etc., That the Secretary of the 1nterior be, and he is hereby, su- Company H, Second Regiment of Minnesota Cavalry, at $100 per thorized to place the name of David 0. Sanborn, of Silver Lake, Carroll Connty, month, in li~u of the pension of $72 per month heretofore granted, and New Hampshire, late of Company I, First Regiment of United States Infantry, which he ]snow receiving for loss oJ both legs and both arms. upon the pension-roll, subject to the regulations of the Pension Department. The bill was reported to the Senate without amendment, ordered to The amendment was agreed to. a third reading, read the third time, and passed. 8924 CONGRESSIONAL RECORD-SENATE. SEPTEMBER - 25,

ROSALIE O'SULLIVAN. the pension-roll the name of Tempy M. Johnston, widow of John John- The bill (H. R. 9358) to increase the pension of Rosalie O'Sullivan ston, late sergeant Company B, Eleventh Regiment Kentucky Volnn- was considered as in Committee of the Whole. It proposes to pay to teers. · Rosalie O'Sullivan, widow of Eugene O'Sullivan, who was a soldier in The bill was reported to the Senate without amendment, ordered to Company A, Fourth Kentucky Infantry, durjng the Mexican war, in ~ third reading, read the third time, and passed. addition to the pension now received by her, $2 per month tor each of THOMAS· RAINS. her two minor children by the soldier,. until each child shall arrive at The bill (H. R. 1085) granting a pension to Thomas Rai.ns was co.n- tbe age of sixteen years, when the additional payments shall cease and sidered as in Committee of the Whole. It proposes to· place on the determi~e. ·. pension-roll the name of Thomas Rains, la,t.ecaptain Compauy B, Fifth The bill was reported to the Senate Without amendment, ordered to Tennessee Mounted Infantry Volunteers. a third reading, read the third time, and l?assed. - 1 The bill was reported to the Senat-e without amendment, ordered to TH0:!\1AS RED:llOND. a third reading, read the third time, and passed. The bill (S. 704) granting a pension to Thomas Redmond, late pri- RANSOl\f RILEY. vate Company K, Fourth United States Infantry, was considered as in The b-ill (H. R. 9182) granting a pension to Ransom Riley was con- Committee of the Whole. sidered as in Committee of the Whole. It proposes to place on the The bill was reported from the Committee on Pensions with an amend- pension-roll the name of Ransom Hiley, late private of Company G, ment, in line 11, before the word "dollars," to strike out "fifty" and Fifth Regiment Kentucky Volunteer Cavalry. insert "thirty;" so as to read: The bill was reported to the Senate without amendment, ordered to Be i t enacted, etc., That by reason of the applicant, Thomas Redmoud, while a third reading, read the third time, and :f>assed. on duty as teamster in the employ of the Quartermaster's Department and en ' route transporting military supplies from Snake River Depot to Harney Depot. JOSEPH WELSH. (later Fort Colville, Wyo.), Colville, Wyo., in November, 1859, having incurred The bill (H. R. 9975) granting a pension to Joseph Welsh was con- severe and f>ermanent physical injury by freezing his feet, necessitating the am- sidered as in Committee ~f· the Vvhole. It propose. to pay a pension of putation of all the toes of both feet, he is hereb'y granted a pension of $30 a ~ month; and the Commissioner of Pensions is hereby directed to place his name $25 a month to Joseph Welsh, of York, Pa. . , Jather of Albertus Welsh, on the pension-roll at that rate. J. Franklin Welsh, and Howard H. Welsh, all of whom are now de- The amendment was agreed to. ceased, soldiers in the Union Army in the war of the rebellion, on whom The bill was reported to the Senate as amended, and the amendment Joseph Welsh was dependent Jor support during the war. was concurred in. The bill was reported to the Senate witho~t amendment, ordered to The bill was ordered to be engrossed for a third reading, read the a third reading, read the third time, and passed. third time, and passed. MIGHILL H. PATTEN. SUSAN E. LATTURE. The bill (H. R. 10672) granting a pension to · Migbill H. Patten The bill (H. R. 11030) granting a pension to Susan E. Latture was was considered as in Committee of the Whole. It proposes to place considered as in Committee of the Whole. It proposes to place on the upon the pension-roll the name of Mi~hill H. Patten. late of Captain pension-roll the name of Susan E. Latture, widow of Jacob Latture, Hux.ford's company, First Regiment Maine State Militia, and now a late a private of Company D, Fifth Tennessee Volunteers, M'exican resident of Waterford, Minn. war. The bill was reported to the Senate without amendment, orderad to The bill was reported to the Senate without amendment, ordered to a third reading, read the. third time, and passed. a third reading, read the third time, and passed. MARY V A.NBUSKIRK. MINOR CHILDREN OF LrEuT. G. R. :at'GUIRE. r The bill (H. R: 11029) for the relief of l\Iary Vanbuskirk was con­ The bill (H. R. 4038) granting a. pension to Victor, Gertrude, Mar­ sidered as in Committee of the Whole. It proposes to place on the garet, and Helen,. minor chiltlren of Lieut. George R. McGuire, was con­ pension-roll the name of l\fary Vanbuskirk, widow of John E. Van­ sidered as in Committee of the Whole. It proposes to place on the buskirk, private in Company G, First !{egiment United States Artil­ pension-roll the names of the minor children of George R. McGuire, lery, Florida wa.r. late a lieutenant of Company I, Thirteenth Regiment Pennsylvania The bill was reported to the Senate without amendment, ordered to Vol nnteers. a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to a third re~ing, read the third time, and passed. JOSEPH LINCOLN YOUNG. M.ARY A. PFEIFFEH. The bill (H. R. 2474) granting a pension to Joseph Lincoln Young The bill (H. R. 4039) granting a ·pension to Mary A. Pfeiffer was was considered as in Committee of the Whole. It p1·oposes to place considered as in Committee of the Whole. on the pension-roll the name of Joseph Lincoln Youn!!, son of Joseph The Committee on Pensions reported an amendment, in line 6, after Young, late a privat~ of Company H, Seventeenth Regiment Maine the name "Charles L. Pfeiffer," to insert • 'late of Company E, One Volunteers, at $18 per month, payable to his legally constituted guar­ hundred and eighty-eighth Regiment Pennsylvania Volunt-eers;" so as dian. make the bill read: Mr. COCKRELL. I should 1ike to bear the report read in that case. to The PRESIDENT protempore. The report will be read. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and The Secretary read the following report, submitted by Mr. BLAIR limitations of the pension laws, the name of Mary A. Pfeiffer, widow of Charles September 4, 1888: · E, L. Pfeiffer, late of Company One hundred and eighty-eighth Regiment Penn­ The Committee on Pensions, to whom was referred the bill (H. R. 2474) grant­ sylvania Volunteers. ing a pension to Joseph Lincoln Young, have examined the same, and report: The amendment was agreed to. 'l'he facts in this claim are correctly stated in the appended House report, The bill was reported to the Senate as amended, and the amendment whlch is herewith adopted, and the passage of the bill reco=ended. was concurred in. HOUSE REPORT. The amendment was ordered to be engrossed and the bill to be read The beneficiary named in the bill is the child of Joseph Young, who died Au­ gust 21, 1864, at Andersonville prison, while a private of Uompany H. Seven­ a third time. teenth ?liaine Volunteers, to which command he was transferred from Company The bill was read the third time, and passed. H, Third Maine Volunteers. . . His widow drew pension until her death, January 20, 1868, whereupon his HENRY ROSE. minor children were placed upon the pension-roiJ, and continued to l'('Ceive The bill (H. R. 10007) for the relief of Henry Rose was considered pension until November 6, 1878, on which date the youngest, Joseph I~incoln, became sixteen years of age. as in Committee of the Whole. It proposes to place on the pension­ It appears from the evidence before your committee that Joseph Lincoln roll the name of Henry Rose, late private in Capt. William S. L. Young is incapable of taking care of himself by reason of a mild type of insan­ Deering's company, Maj. William Lauderdale's battalion, Tennessee ity, and that he is dependent upon others for support. The probate cou1·t of Essex County, Mass., has declared him insane, and appointed a guardian. Troops, in the !<~lorida war. Congrt>ss having on many occasions liberally respouded to the request.s for The bill was reported to the Senate without amendment, ordered to relief in this class of cases, your committee feel warranted in returning t.he ac­ a third reading, read the third time, and passed. companying bill with the recommendation that it do pass, amended, however. by striking out all after the word "pri v~te," in line 7, and inserting therein inst~ad WASHINGTON RYAN. the words "of Company H, Seventeenth Regiment Maine Volunteers, at the The bill (H. R. 10629) granting a pension to Washington Ryan was rate onus per month, payable to hit! legally constituted guardian.•: considered as in Committee of the Whole. It proposes to place on the The bill was reported to the Senate without amendment, ordered to pension-roll the name of Washington Ryan, who was a private soldier a .third reading, read the third time, and passed. in Captain Netherland's company of Tennessee Volunteers in the Flor­ ISAAC HURD. ida. Indian war of 1836, at $25 per month. The.bill (H. R. 9935} to increase the pension of Isaac Hurd was con­ The bill was reported to the Senate without amendme~t, ordered to a third reading, read the third time, and passed. sidered as in Committee of the Whole. It proposes to increase the pen­ sion of Isaac Hurd, a veteran of the war of 1812, Vermont Militia, from TEMPY 1\I. JOHNSTON. $8 per month, the amount now allowed him, to $30 per month. The bill (H. R. 9169) granting a pension to Tempy M. Johnston The bill was reported to the Senate without amendment, ordered t9 was considered as in Committee of the Whole. It proposes to place on a third reading, read the third time, and passed. 1888. CONGRESSIONAL RECORD-SENATE. 8925

MARIA N. ABBEY. was co~sidered as in Committee of the Whole. It proposes to increase The bill (S. 3429) granting a peilSion to Maria N. Abbey was con­ t}le pension of Charles Hahneman, late a private in Company C, Forty· sidered as in Committee of the Whole. tirst New York Volunteers, and to pay him $45 per month in lieu of _ The bill was reported from the Committee on Pensions with an the pension now paid to him. ' amendment, in line 7, before the word " dollars," to strike out "fif­ The bill was reported to the Senate without amendment, ordered to teen" and insert "twelve;" so as to make the bill read: a third reading, read the third time, and passed. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ CHARLES S. HAMILTON. thorized and directed to place on the pension-roll, subject to the provisions and limitations ofthe pension laws, the name of 1\Iaria N. Abbey, a volunteer nurse The bill (S. 3387) granting a pension to Charles S. Hamilton was during the late war, and to pay her a pension at the rate of $12per month. considered as in Committee of the Whole. The amendment was agreed to. The bill was reported -from the Committee on Pensions with an The bill was reported to the Senate as amended, and the amendment amendment, in line 8, after the word "month," to insert "in. lieu of was concurred in. · · the pension he is now receiving;" so as to make the bill read: The bill was ordered to be engrossed for a third reading, read the Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, di­ rected to. place on the pension-roll, subject to the provisions and limitations of third time, and passed. · · · the pens1on laws, the name of Charles S. Hamilton, late a major-general in the ABIGAIL FARLEY. . Army of the United States, and pay him a pension at the rate of $100 per month, The bill (S. 3457) granting a pension to Abigail Farley was con­ in lieu of the pension he is now receiving. sidered as in Committee of the Whole. It proposes to place on the The amendment was agreed to. pension-roll the riame of Abigail Farley, mother of Alfred L. Boyer, The bill was reported to the Senate as amended, and the amendment late of Company I, Seventeenth Regiment Wisconsin Volunteer In­ was concurred in. · fantry. The bill was ordered to be engrossed for a third reading, read the The bill was reported to the Senate without amendment, ordered to third time, and passed. be engrossed fo~ a third reading, read the third time, and passed. ARLINGTON 1\I. HARRINGTON. LYDIA ANN WILBER. _ The bill (H.· R. 3152) for the relief of Arlington M. Harrino-ton was The bill (H. R. 8200) granting a pension to Lydia Ann Wilber was considered as in Committee of the Whole. It proposes to pla~e on the considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Arlington M. Harrington, late a· private in pension-roll the name of Lydia Ann Wilber, sister of John M. Wilber, Company B, Sixteenth Regiment Kentucky Volunteer Infantry, in who was a. soldier in Company A o( the Seventy-seventh Regiment of Mexican war, at $12 per month, in lieu of the pension he now receives. plinois Infantry Volunteers, in the war of the rebellion, ·and was killed The bill was reported to the Senate without amendment, ordered to m battle May 22, 1863. a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to PHILIP TH01\IA.S. a third reading, read the third time, ~nd passed. The bill (H. R.l0210) to increase the pension of Philip Thomas was DANIEL WILLBORG. considered as in Committee of the Whole. It proposes to increase the . The bill (H. R. 2073) granting an increase of pension to Daniel Will­ pension-of Philip Thomas, late a private of Company D, Seventy-first borg was considered as in Committee of the Whole. It proposes to in­ Regiment of Indiana Volunteers, for injury to right knee and heart crease the pension of Daniel Willborg, late of Company C, Forty-third disease . . lilinois Volunteers, from $4 to $16 per month. The bill was reported to the Senate without amendment, ordered to The bill was reported to the Senate without amendment, ordered to a third reading, read the third ti~e, and passed. a third reading, read the third time, and passed. · JANE ROBINSON. ELEANOR D. HEATH. The bill (H. R. 9148) to grant a pension to Jane Robinson was con­ The bill (H. R.. 7457) granting a pension to Eleanor D. Heathwas sidered as in Committee of the Whole. It proposes to place on the peR­ consider~ as in Committee of the Whole. It proposes to place upon sion-roll the name of Jane Robinson, dependent widow of Harai Rob­ the pel!s10n-roll the name of Eleanor D. He~th, mother of Lewis Heath, inson, late a colonel in the First Louisiana Cavalry, United States Vol­ late pnvate Company H, One hundred and fourth Regiment Ohio In­ unteers. fantry. The bill was reported to the Senate without amendment, ordered to The bill was reported to the Senate without amendment, ordered to a t.hird reading, read the third time, and passed. · a third reading, read the third time, and passed. JOHN ROBESON. JOHANNA GEYER. The bill (H. R. 6201) granting a pension to John Robeson was con­ The bill (H. R 2689) granting a pension to Johanna Geyer, widow sidered as in Committee of the Whole. . It proposes to place on the of Gustav W. Geyer, was considered as in Committee of the Whole. pens10n-roll the name of John Robeson, late of Company H, Sixty-eighth It proposes to place on the pension-roll the name of Johanna Geyer, Regiment Indiana Volunteers. widow of Gustav W. Geyer, late a private in Company H, One hun­ The bill was reported to the Senate without amendment, ordered to dred and eighty-seventh New York Volunteers. a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to MARY WOODWORTH. a third reading, read the third time, and passed. The bill (H. R. 7657) granting a pension to Mary Woodworth, widow WILLIAM FAIRBANKS. of Ebenezer F. Woodworth, was considered as in Committee of the Whole. It proposes to place on the pension-roll the nameof Mrs. Mary The bill (H. R. 10103) granting a pension to William Fairbanks was Woodworth, widow of Ebenezer F. Woodworth, late of Companv L consi_dered as in Committee of the Whole. It proposes to place on the Second Regiment Michigan Cavalry Volunteers. • ' pensron-roll the name of William Fairbanks, late a private in Company The bill was reported to the Senate without amendment, ordered to A, Fifteenth Regiment New York St.ate Engineers. a third reading, read the third time, and passed . . The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. · JOHN DAUPER. VICTORIA 1\IAY. The bill (H. R. 10342) granting a pension to .John Dauper was con­ sidered as in Committee of the Whole. It proposes to place on the The bill (H. R.. 10944) granting a pension to Victoria May was con­ pension-roll the name of John Dauper, late of Company I, Eighteenth sidered as in Committee of the Whole. It proposes to place on the Regiment Ohio Volunteer Infantry. · pension-roll the name of Victoria May, widow of Paul May late a 'l'he bill was reported to the Senate without amendment, ordered to private of Company K, Second Regiment of Michigan Volunte~rs. a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. WILLIAM S. LATHAM. The bill (H. R. 10563) granting a pension to William S. Latham POWELL'S BATTALION, 1\IISSOURI MOUNTED VOLUNTEERS. was considered as in Committee of the Whole. It proposes to place on The bill (S. 3513) granting pensions to Powell's Battalion of Missouri the pension-roll the name of WilliamS. Latham, late a pri,vate of Com­ Mounted Volunteers was considered as in Committee of the Whole. It pany E, Eighty-seventh Regiment of illinois Volunteers. proposes to place on the pension-roll the names of all of the surviving The bill was reported to the Senate without amendment, ordered to officers and enlisted men of. Powell's Battalion of Missouri Mounted a third reading, read the third time, and passed. Volunteers, raised under the act of Congress of May 19 1846, for serv­ SAMUEL NEIKIRK. ices in the Army o_f the United St3:tes, in .the establish~ent of military posts, and for serVIces on the frontier dunng the war with Mexico· and The bill (H. R. 7185) granting a pension to Samuel Neikirk was to pension the surviving widows of such officers and enlisted me~. . considered as in Committee of the Whole. It proposes to place on the The bill was reported to the Senate without amendment, ordered to pension-roll the name of Samuel Neikerk, of Republic, Sen·eca County, Ohio, late a private in Company K, One hundred and first Regiment.... be engros~ed for a third reading, read the third time, and passed. Ohio Volunteer Infantry. CHARLES HAHNEMAN. The bill was reported to the Senate without amendment, ordered to The hill (H. R. 11021) to increase the pension of Charles Hahneman a third reading, read the third time, and passed. · 8926 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 25,

:MARY A. VAN BUSKIRK. add "in lieu of the pension he is now receiving;" so as to make the The bill (H. R. 10824) granting a pension to Mary A. Van Buskirk bill read: was considered as in Committee of the Whole. It proposeS' to place Be it enacted, etc., That'the Secreta ry of the Interior be, a.nd he is hereby di­ rected and authorized to increase the pension of Sylvester Stearns. of Fosto'ria, upon the pension-roll the name of Mary A. Van Buskirk, widow of Ohio, late a member of Company K, Forty-ninth l{egiment Obio Vohmteerin­ Charles F. Van Buskirk, late of Company F, Fourth Regiment of Mis­ fantry, to S50 per month, in lieu of the pension be is uow receiving. souri State Militia Cavalry. The amendments were agreed to. The bill was reported to the Senate without amendment, ordered to The bill was reported to the Senate as amended, and the amendments a third reading, read the third time, and passed. were concurred in. EDWARD WATERS. The amendments were ordered to be engrossed and tho bill to be read The bill (H. R. 201) granting a pension to Edward Waters was con-, a third time. sidered as in Committee of the Whole. It proposes to place on the The bill was read the third time, and passed. pension-roll the name of Edward Waters, late a private in Company NELSON J. CROOK. K, Ninety-third New York Infantry Volunteers. The bill (H. R. 3801) granting a pension to N eJson J. Crook was con­ The bill was reported to the Senate without amendment, ordered to sidered as. in Committee of· the Whole. It pro,Poses to place on the a third reading, read the third time, and passed. pension-roll the !).arne of Nelson J. Crook, late a member of Company lll.A.TILD.A SPANGLER·. D, of the Thil·d Missouri Cavalry Volunteers. The bill (H. R. 10106) to place the name of 1\fatilda Spangler on The bill was reported to the Senate without amendment, onlered to the pension·roll was considered as in Committee of the Whole. It a third reading, read the tbird time, and passed. proposes to place on the pension-roll the nnme of Matilda Spangler, PHILLIP KOPPLIN. widow of John E. Spangler, deceased, late a private in Michigan Bat­ The bill (H. R. 2566) for the relief of Phillip Kopplin was consid­ tery, Captain Lamphier, commanding. ered as in Committee of the Whole. It proposes to place on the pen­ T he bill was reported to the Senate without amendment, ordered to sion-roll the name of Phillip Kopplin, late a private in CompanJ A a third reading, read the third time, and pas ed. First Regiment l\:Iissouri Cava.hy Volunteers. · ' SARAII F . HAWKINS. The bill was reported to the Senate without amendment, ordered to The bilf{H . R. 508) granting a pension to Sarah F. Hawkins was a third reading, read the third time, and passed. considered as in Committee of the Whole. It propo~es to place upon ELLEN KELLEY. the pension-roll the name of Sarah F . Hawkins, widow of Martin J. The bill (H.. R. 4820) gmnting a pension to Ellen Kelley was con­ Hawkins, late of Company A, Thirty-third Regiment Ohio Volunteer sidered as in Committee of the Whole. It proposes to place on the Infantry, at $24 per month, in lieu of the pension now paid to her. pension-roll the name of Ellen Kelley, widow of John Kelley, late a · The bill was reported to the Senate without amendment, ordered to private in Company F, of the Ninetieth Illinois Volunteer Inlantry. ::ll third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to JOHN GERMAN. a third reading, read the third time, and passed. The bill (H. R. 3504) for the relief of John German was considered l\IARGARET GRAY. as iu Committee of the Whole. It proposes t{) place on the pension­ roll the name of John German, father of Philip German, deceased, The bill (H. r.. 11037) granting a pension to Margaret Gray was con­ formerly of Company G, Twenty-fourth Illinois Infantry. sidered as in Committee of the Whole. It proposes to place on the pen­ 'The bill was reported to the Sen:'l>te without amendment, ordered to .sion-,roll the name of Margaret Gray, mother of Wilson S. Gray, de­ a third reading, read the third time, and passed. ceased, late of Company G, Eleventh Illinois Cavalry. The bill was reported to the Senate without amendment, ordered to LUCY WAGOR. a third reading, read the third time, and passed. . • The bill (H. H. 10256) to place the name of Lucy Wagor, of Hins­ SARAII J . POWERS. dale, Mich. ; on the pension-roll was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Lucy The lJill (S. 3479) granting a pension to Sarah J. Powers was con­ Wagor, ofHillsdale, Mi.ch., mother ofUartin Wagor, second lieutenant sidered as in Committee of the Whole. It proposes to place on the Cornp::tny F, First Hegiment Michigan Sharpshooters. pension-roll the name of Sarah .J. Powers, widow of Norman Powers, The bill wa3 reported to the Senate without amendment, ordered to late of Compaay E, Twenty-ninth Wi'3consin Volunteers. a third readiug, read the third time, and passed. · The bill was reported to the Senate without amendment, ordered to be engros~ed for a third reading, read the third time, and lKLssed. SARAH A. lll.A.SON. DAVID GRAY PURllAN. The bill (H. R. 10121) granting a pension to Sarah A. Mason was considered as in Committee of the Whole. It proposes to place on the The bill (S. 2374) for the re1ief of David Gray Purman was consid­ pension-roll the name of Sarah A. Mason, widow of John Mason, late el·ed as in Committee of the Whole. It proposes to increase the pen­ private of Company D, Forty-ninth Regiment of Illinois Volunteers. sion of :M:aj. David Gray l'urm:m, of the Forty-first Regiment of Wis­ "" The bill was reported to the Senate without amendment, ordered to consin Volunteer Infantry, who was second lieutenant of Company I, a third reading, read the third time, and passed. Sixteenth Regiment of Volunteer Infantry, at the date of his disability, to $30 per month for wounds received in the line of duty at the battle MARY HOOPER. of Shiloh. on the Gth of April, 1862. The bill (H. R. 10504) granting a pension to M"ary Hooper was con­ The bill was reported to the S(!nate without amendment, ordered to sidered as in Committee of the Whole. It proposes to place on the be eng;rossed for a third reading, read the thinl time, and passed. pension-roll the name of Mary Hooper, widow of the late Isaac Hooper, lieutenant Company I, Eighty-fourth Pennsylvania Volunteers. JULIAN A ROITSCII. The bill was reported to the Senate without amendment, ordered to The bill (S. 3502) granting a pension to Juliana lloitsch was con­ a third reading, read the third time, and passed. siuered as in Committee of the Whole. It proposes to place on the pennion-roll the name of Juliana 11oitscb, widow of Ernst Roitsch, late ELIAS H. HAI.L. a. private in Company C, Ninth ~egiment Wisconsin Volunteers. Tl:c bill (H. R. 10224) granting a pension to Elias H. Hall was con­ The bill was reported to the Senate without amendment, ordered to sidered as in Committee of the Whole. It proposes to place on the be engrossed for a third reading, read the third tir:1e, and passed. pension-roll the name of Elias H. Hall, late .a private in Company F, Seventy-third Regiment Indiana Volunteers. IJTNERVA GRIFFITH. 'I he bill was reported to the Senate without amendment, ordered to The bill (S. 3477) granting a pension to Minerva Griffith was con­ a third reading, read the thircl time, and passed. sidered as in Committee of the-Whole. It proposes to place on the SHADR-ACK W. BROWN. pension-roll the name of Minerva Griffith, widow of James Griffith, late a private in Company B, Thil·d Regimeut Wisconsin Cavalry. Tho bill (H. R. 8993) for the relief of Shadrack W. Brown was con­ The bill was reported to the Senate without amendment, ordered to sideTed as in Committee of the Whole. It proposes to place on the be engrossed for a third reading, read the third time, and p~ed. pension-11011' the name of Shadrack W. Brown, late of Company D, One hundred and seventy-si.."rth Regiment New Y~rk Volunteers. J. D. H.A. WORTII. The bill. was reported to the Senate without amendment, ordered to The bill (S. 3435) granting a pension to J. D. Haworth was consid­ a third reading, read the third time, and passed. ered as in Committee of the Whole. It proposes to place on the pen­ SYLVESTER STEARNS. sion-roll the name of J. D. Haworth, late a member of Company H. Tl1e bill (H. R. 7516) to increa~e the pension of Sylvester Stearns Thirty-third Regiment of Iowa Volunteer Infantry, who was tran~ferred was considered as in Committee of :the Whole. on account of disability to Company H, Twenty-first Veteran Reserve Tho bill was reported from the Committee on Pensions with amend­ Corps. ments, before the word "dollars," in line 7, to strike out "thirty-six" The bill was reported to the Senate without amendment, ordered to and insert ''fifty; '' and in the same line, after the word ''month,'' to be engrossed for a third rea~g, read the thir~ time, and passed. 1888. CONGRESSIONAL RECORD-SENATE. 8927

RICH.A.RD JOBES. on the pension-roll the name of Catharine Mulligan, mother of Patrick The bill (H. R. 8748) to increase the pension of Richar{l Jobes was Mulligan, late a private of Comp~ny M, Fourteenth New York Heavy considered as in Committee of the Whole. It proposes to increase the .Artillery Volunteers. pension of Hichard Jobes, late of Company D, Sixteenth Regiment of The bill was reported t o the Senate without amendment, ordered to Connecticut Volunteers, to $36 per month. third rea ding, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to l\IRS. SUSAN V. WILCOX. a third reading, read the third time, and passed. The bill (H. R. 7485) granting a pension to 1\Irs. Susan V. Wilcox, TRUMAN A . MORTON. mother of Martin V. Wilcox, was considered as in Committee of the The bill (S. 1598) granting to Truman A. Morton a pension of $24 a Whole. It proposes to place on the pension-roll the name of Susan V. month since the date of his discharge was considered as in Committee Wilcox, mother of l\Iartin V. Wilcox, deceased, late private CompanJ of the Whole. A, One hundred and twenty-eighth Regiment New York Volunteers. The bill was reported from the Committee on Pensions with an amend­ The bill was reported to the Senate without amendment, ordered to ment, in line 6~ ·after the word "month," to strike out "from the date a third reading, read the third time, and pas~ed. of his discharge, and to continue such pension;" so as to make the bill JENNY BUELL. read: The bill {H. R. 10159) granting a pension to J enny Buell was con­ Be it enacted, etc., That the Secretary of the Interior be, and is hereby, author­ sidered as in Committee of the Whole. It proposes to place on the ized and directed, through the Commissioner of Pensions, to pay to Truman A . Morton, late·of Company E, New York Cavalry, a pension of$24 a month, sub­ pension-roll the name of Jenny Buell, widow of Henry C. Buell, late a ject to the provisions and limitations of the pension laws. private in Company B, FonrtE!enth Regiment New York State Volun­ The amendment was agreed to. teers, at $12 per month. The bill was reported to the Senate as amended, and the amendment The bill waa reported to the Senate without amendment, ordered to was concurred in. a third reading, read the third time, and pa~ed. The bill was ordered to be engrossed for a third reading, read the SlJSAN BATES. third time, and passed. The bill (H. R. 9370) granting a pension to Susan Bates, widow of The title was amended so as to read: "A bill granting to Truman A. Thomas Bates, late private Company A, Twenty-sixth Regiment 111ich­ Morton a pension of $24 a month." igun Volunteers, was considered as in Committee of the Whole. It C.AROLTh~ 1\I. 1U1DO'GG.AL. proposes to place on the pension-roll the name of Susan Bates, widow The bill (S. 3397) granting a pension to Caroline ::rrr. McDougal was of 'fhomas Bates, late private Company A, Twenty-sixth Regiment considered as in Committee of the Whole. It proposes to place on the Michigan Volunteer Infantry. pension-roll the name of Caroline M. McDougal, widow of the late Ad­ The bill was reported to the Senate without amendment, ordeJ'ed to miral David P. McDougal, United States Navy, at $100 per month, on a third reading, read the third time, and passe?. account of her total blindness and the necessity of constant personal AR.A.BELL.A DAVIS. attendance and assistance. The bill (H. R. 8553) granting a pension to Arabella Davis was con­ The bill was reported to the Senate without amendment, ordered to sidered as in CommitU:!~ of the Whole. It proposes to place _on the be engrossed for a third reading, read the third time, and passed. pension-rolls the name of Arabella Davis, widow of Lieut. David Da>is, CHARLES JUNOT. late quartermaster of the Forty-fifth Regiment Ohio Volunteer In­ The bill (H. R. 10687) granting a pension to Charles J unot was con­ fantry. sidered as in Committee of the Whole. It proposes to place on the pen­ The bill was reported to the Senate without amendment, ordered to sion-roll the name of Charles Junot, of Louisville, Ky., who served a third reading, read the third time, and passed. in the Florida war under the name of Tom Jones. J.Al\TE E. KNOBLE. The bill was reported to the Senate without amendment, ordered to The bill (H. R. 10708) gra~ting a pension to Jane E. Knoble was a third reading, read the third time, and passed. considered as in Committee of the Whole. It proposes to pluce on BENJAMIN F. B.AIR. the pension-roll the name of Jane E . Kn{)ble, widow of Samuel Knoble, The bill (H. R. 9862) granting a pension to Benjamin F. Bair was late a private in the Eighty-first Regiment Ohio Volupteer Infantry. considered as in Committee of the Whole. It proposes to placl on the The bill was r:eported to the Senate without amendment, ordered to pension-roll the name of Benjamin F . Bair, ]ate corporal Company I, a third reading, read the third time, and passed. Seventy-third Indiana Infantry. PERRY R. NYE. The bill was reported to the Senate without amendment, ordered to The bill (H. R. 6409) for the relief of Perry R. Nye was considered a t~d reading, read the third time, and passed. as in Committee of the Whole. It proposes to place on the pension­ ESTER GAVEN. roll the name of Perry R. Nye, late of Company E, Tenth Regiment The bill {H. R. 11005) granting a pension to Ester Gaven was con­ Ohio Volunteers. sidered as in Committee of the Whole. It proposes to place on the The bill was reported to the Senate without amendment, mdered to pension-roll the name of Ester Gaven. widow of Bernard Gaven, late a third reading, read the third time, and passed. a member of Company D, Seventy-first Regiment Ohio Volunteer In­ RACHEL ROGERS. fantry. The bill (II. R. 10171) granting a pension to Rachel Rogers was ~n­ The bill was reported to the Senate without amendment, ordered t o sidered as in Committee Qf the Whole. It proposes to place ou t.11e a third reading, rsad the third time, and passed. • pension-roll the name of Rachel Rogers, dependent mother of Jere­ PETER LINER. miah T. Rogers, late sergeant of Company H, Fifty-fomth Regiment ­ The bill (H. R. 9106) granting a pension to Peter Liner was con­ of illinois Volunteer Infantry. sidered as in Committee of the Whole. It proposes t o place on the The bill was Teported to the Senat€ without amendment, ordered to pension-roll the name of Peter Liner, late a member of Company D, a third reading, read the third time, and passed. Seventh Regiment Regular UnitedStates Cavalry. The bill was reported to the Senate without amendment, ordered to MARY E . M'QUEEN. a third reading, read the third time, and passed. The bill (H. R. 11243) granting a pension to :&Inry E. J1.1oQueen was ELIZ.A.BETH HECKJ,ER. considered as in Committee of the Whole. It proposes to place on the pen ion-roll the name of Mary E . 1\IcQueen, an imbecile daughter of The bill (II. R. 11222) granti~g a pension to Elizabeth Heckler was Anthony McQueen, late a private of Company D, Thirty-first Regiment considered as in Committee of the Whole. It proposes to place on the of Wisconsin Volunteers, and to pay to her duly appointed guardian a. pension-roll the name of Elizabeth Heckler, widow of the late Francis pension of $18 per month. Heckler, of the Thirty-ninth Regiment New York Volunteers. Mr. COCKRELL. I ask that tbc report he read in that case. The bill was reported to the Senate without amendment, ordered to The PRESIDENT pro temporl'. The report will be read. a third reading, read the tbird time, and passed.: The Secretary read the following report, submitted by .Mr. SAw- JESSE L. G.A.RRETT. YER September 13, 1888: Tbe bill (H. R. 3908) increasing the pension of Jesse L. Garrett was The Committee' on Pensions, to whom was referred the bill (H. R.ll243) grant- . d d · C 'tt f th Wh 1 It t 1 th ing a pension to Mary E. 1\IcQueen, have examined the same, and report : OJllSl ere as In ommi ee 0 · e · 0 e. proposes 0 Pace on · e '.rhe report on which this bill was pas3ed by the House is approved, and is as pension-roll the name of Jesse L. Garrett, formerly of the United States follows: Marine Corps, at $25 per month, in lieu of the pension he is now re- "The proposed benefici&ry is the daughter of Anthony 1\IcQueen, jr., who cei>iog. served as private in Company D, Thirty-first Regiment Wisconsin Volunteers, from .August U, 1852, to June 20, 1855, and died April14, 18G9, from chronic dia.r­ The bill "-as reported to tbe Senate without amendment, ordered to rhea contracted in service. His widow, Ellen 1\icQueen, was a pensioner and a third reading, read the third time, and passed. is now dead, as appears from the certificate of the United States pension agent at Des Moines, Iowa. The soldier left sm·viving him six children under sixteen CATHARINE 1\flTLLIG.AN. !years of age all of whom are now o~·er pensionable age, and consequently no The bill (H. R. '10173) gr::mtin<~' a pension to Cathai'ine Mulligan one is now drawing a.n;v pension o!l account of his death: _ . waot i!onsidered as in Committee gf the Whole. I t proposes t o place in~a~:~ie!r!~~s~C::C,~. ~~~~!~r~~ ~!~ic~.{ ~~~ ~~~ ~rru~~~.e~?C: r~l;e~~ -

8928 CONGRESS! ON AL RECORD-SEN ATE.- SEPTEJ\IBER 25,

committee. She has no means of support, being dependent upon relatives who the Whole. It proposes to place on the pension-roll the name of Cyrus have a hard struggle to provide for therq.selves. "The.liberal policy of Congress towards the dependent relatives.of deceased Millins, of Ogden Centre, Mich., late a private of Company B, Fourth soldiers not provided for under the general pension laws suggests the pro­ Michigan InfantryVoluuteers: · priety of relief in this case." The bill was reported to the Senate without amendment, ordered to The bill is reported favorably with the recommendation that it do pass. a third reading, read the third time, and passed. The bill was renorted to the Senate without amendment, ordered to S::\ITTH BODKINS. a third reading, read the third time, and passed. The bill (H. R. 6022) granting a pension to Smith Bodkins was ccn­ WALTER 0. WATSON. sidered as in Committee of the Whole. It proposes to place on the - The bill (H. R. 200) granting a pension to Walter 0. Watson was pension-roll, at the rate of $40 per month, the name of Smith Bodkins, considered as jn Committee of the Whole. It proposes to place on the late a private in Company E, Twenty-fitth Ohio Volunteer Infantry, pension-roll the name of Walter 0. Watson, late a private in Company who is now blind. D, Fourteenth Rep;iment illinois Infantry Volunteers. The bill was reported to the Senate without amendment, ordered to The bill was reported to the Senate withou-t amendment, ordered to a third reading, read the third time, and passed. n third reading, read the ~bird time, and passed. MARY P. 1\fYERS. LIEUT. GEORGE T. RUSSELL. The bill (S. 3540) granting a pension to Mary P. Myers was consid­ The bill (H. R. 2788) granting a pension to Lieut. George T. Rus­ ered as in Committee of the Whole. It proposes to place on the pen­ sell was considered as in Committee of the Whole. It proposes to place sion-roll the name of Mary P. l\1yer.s, widow of David lo~yers, late a on the pension-roll the name of George T. Russell, late a first lieuten­ private in Captain Whitmore's company, Colonel Goodwin's regiment ant by brevet in the Seventeenth Regiment Massachusetts Volunteers, of mounted volunteers, in the Florida war. and later of the Eighty-seventh Company, Veteran Reserve Corps, from The bill was reported to the Sen.ate without amendment, ordered to which he was discharged by resignation at Cairo, Ill., November 18,. be engrossed for a third reading, read the third time, and passed. 1865. JOHN WATSO • The bill wa.s reported to the Senate without amendment, ordered to The bill (S. 3462) grantingapension to John Watson was considered a third reading, read the third time, and passed. as in Committee of the Whole. It proposes to place on the pension­ STATIRA YOUNG. roll the name of John Watson, late private Capt. John Chapman's The bill (H. R. 5174) granting a pension to Statira Young was con­ company, Santa Fe Regiment New Mexico Volunteers, Mexican war. sidered as in Committee of the Whole. It proposes to place on the The bill wa.s· reported to the Senate without a:.nendment, ordered to pension-roll the name of Statira Young, widow of Joseph Yonng, be engrossed for a third reading, read the third time, and passed. Company D, Twelfth Regiment New Hampshire Volunteers. ALFRED T. M'KINSEY. _ The bill was reported to the Senate without amendment, ordered to The bill (S. 3453) granting an increase of pension to Alfred T. Mc­ a third reading, read the third time, and p~ed. Kinsey was considered as in Committee of the Whole. It p1·oposes to CATHARINE TEEGARDIN. piace on the pension-roll the name of Alfred T. McKinsey, late of Com·­ The bill (H. R. 10827) for the relief of Catharine Teegardin was pany G, Twenty-seventh Regiment Illinois Volunteer Infantry, at $50 considered as in Committee of the Whole. It proposes to place on the per month, in lieu o.t:the pension he is now receiving. pension-roll the name c•f Catharine Teegardin, widow of the late Peter The bill was reported to the Senate without amendment, ordered to Teegardin, who was a member of Company D, One hundred and be engrossed for a third reading, read the third time, and passed. eighteenth Regiment Ohio Volunteers. JAMES PATTERSON. The bill was reported to the Senate without amendment, ordered to The bill (S. 2623) granting an increa..c;e of pension to James Patter~ a third reading, read the third time, and passed. son was considered as in Committee of the Whole. It proposes to pay ANNA M. NOYES. to James Patterson, late a private in Company E, Third Missouri State Militia Ca,vahy, a pension of $25 a month, in lieu of that which he The bill (H. R. 2471) granting a pension to Anna M. Noyes was con­ now receives. - - sidered as in Committee of the Whole. It proposes to place on the The bill w3:5 reported to the Senate without amendment, ordered to pension-roll the name of Anna M. Noyes, widow of Benjamin F. Noyes, be engrossed for a third readinJ;!, read the third time, and passed. late captain of Company D, Forty-eighth Regiment Massachusetts Vol­ unteers. JOHN P ARKTNSON. The bill was reported to the Senate without amendment, ordered to The bill (S. 3492) granting a pension to John Parkinson was con­ a third reading, read the third time, and passed. sidered as in Committee of the Whole. The bill was reported from t,he Committee on Pensions with an MRS. SOPHIA VOGELSANG. amendment, in line 7, after the word "Infantry," to add the words The bill (H. R. 10661) granting a pension to Mrs. Sophia Vogelsang ''and to pay him a pension-at the rate of $30 a month;'' so as to make was considered as in Committee of the Whole. It proposes to place on the bill read: the pension-roll the name of Mrs. Sophia Vogelsang, widow of Dietrick Be it enacted, etc., That the Secreta1·y of the Interior be, and he is hereby, au­ Vogelsang, late a private in Company A, First Regiment Minnesota thorized and directed to place on the pension-roll, subject to tbe provisions and limitations of the pension laws. the name of John Parkinson, late a private in Volunteers. Company G, Third Regiment United States Infantry, and to pay him a pension The bill was reported to the Senate without amendment, ordered to at the rate of $30 a month. a third reading, read the third time, and passed. The amendment was agreed to. LYDIA A. EATON. The bill was reported to the Senate as amended, and the amendment The bill (H. R. 2472) granting a pension to Lydia A. Eaton was con­ was concurred in. . _ _ siden~d as in Committee of the Whole. It proposes to place on the pen­ The bill was ordered- to be engrossed for a third reading, read the sion-roll the name of Lydia A. Eaton, widow of William G. Eaton, late third time, and passed. of Company A, Thirty-third Regiment Mas...~husetts Volunteers. JOHN W. COMBS. The bill was reported to the Senate without amendment, ordered to The bill (S. 2363) for the relief of John W. Combs was considerea a thir~ reading, read the third time, and passed. as in Committee of the Whole. MBS. R. S. HORTQN. The bill was reported from the Committee on Pensions with an amendment, -in line 6, after the words "rate of," to strike out "sev­ The bill (H. R. 8) to restore Urs. R. S. Horton upon the pension~ enty-twQ" and insert "twenty-two," and in line 7, after the word roll was considered as in Committee of the Whole. "dollars," to insert "and fifty cents;" so as to make the bill read: Mr. COCKRELL. I should like to call the attention of the chair­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ man of the Committee on Pensions to this bill. It reads: thorized and directed to place on the pension-roll the name of John W. Combs, Be it enacted, etc., That the Secretary of tbe Interior be, and he is hereby, em­ late a private Company D, Third Regiment West Virginia Volunteers, at the powered and directed to replace or restore Mrs. R. S. Horton, widow of Capt. rate of $22.50 per month. ' William H. Seaton, late of Company D, Twenty-sixth Ohio Volunteers, upon The amendment was agree<\, to. the pension-rolls. The bill was reported to the Senate as amended, and the amend­ The only question is whether it does not give her pay back from the ment was concurred in. time she was dropped from the roll on account of her marriage. - The bill was ordered to be engrossed for a third reading, read the Mr. DAVIS. -Let the bill be passed over for the present. third time, and passed. Mr. COCKRELL. It is evidently not the intention of the committee H. S. SAYRE. that she should be paid for arrears while she was the wife of Mr. Hort

ALBERT H. SMITH. The PRESIDENT pro tempore. The Senator from Oregon refers to The bill (S. 3104) granting an increase of pension to Albert H. Smith the unfinished business, the bill relating to the Northern Pacific Rail­ was considered as in Committee of the Whole. road lands? The bill was reported from the Committee on Pensions with amend­ Mr. DOLPH. ~I refer to that bill. ments, in line 5, after the words a increased to,'; to insert "$15 per The PRESIDENT pro tempore. The title of the bill will be &tated. month," and in line 8, after the word "at," to insert "$15;" so as to The SECRETARY. A bill {S. 3504) restoring to the United States make the bill read: certain of the lands granted to the Northern Pacific Railroad Company B e it enacted, etc., That the pension of Albert H. Smith,Compa !ly K, Ninth Illi­ to aid in the construction of a. railroad from Lake Superior to Puget nois Volunteers, be, and the same is hereby, increased to $15 per month, and Sound, and to restore the same to settlement, and for other purposes.. the Secretary of the Interior is hereby nnthorized and direct-ed to pla.ce upon The PRESIDENT pro tempore. The Senator from Oregon asks unani­ the pension-roil, subject to the pl'Ovisions and limitations of the general pen­ sion laws, the name of the said Albert H. Smilh at $15 per month, the said sum mous consent that the further consideration of the unfinished business to be in lieu of any pension heretofore granted to said Smith. be postponed until Monday-at 2 o'clock? The amendments were agreed to. Mr. DOLPH. Immediately after the morning business. The bill was reported to the Senate as amended, and the amend­ The PRESIDENT pro t e~npore. The Senator from Oregon asks that ments were concurred in. the further consideration of the unfinished business be postponed until The bill was ordered to be engrossed for a third reading, read the Monday next immediately after the morning bu ions as m a y be necessary to secure was concurred in. s uch materia l and fuel, shall not bo deem ed a violation of this act. The amendment was ordered to be engrossed~ and the bill to be read The amendment was agreed to. a third time. The next amendment was, in section 12, line 2, after the word ' 'act,'' The bill was read the third time, and passed. to strike out ''Sec. 13. That,'' and insert the word ''and_;'' so as to read: :Mr. COCKRELL. That concludes the pension cases on the Calen- SEc. 12. That Cong ress may at any time amend, add to, alter, or repeal this . act; and the right of wa y h erein and h ereby granted shall not be assigned or dar. There are two bills-- transferred in any form whatever prior to the construction and completion of 1\Ir. DOLPH. Will the Senator from Missouri yield to me for a the road, ex cept as to mortg ages ot· other liens that may be given o :: secured moment? thereon to aid in the construction thereof. · Mr. COCKRELL. Certainly. The. amendment was agreed to. The bill was reported to the Senate as amended, and the amend­ NORTHERN PACIFIC RAILROAD LANDS. ments were concurred in. :Mr. DOLPH. I ask that the unfinished business be laid before the The amendments wereordered to be engrossed·and ihebill to be read Senate in order that I.may have an order made which will get it out a third time. · of the wa.y. The bill was read the third t ime, and passed. _ The PRESIDENT pro tempore. The Chair will see that the unfin­ Mr. COCKRELL. I move that the Senate insist on its amendments ished business is laid "before the Senate prior to adjournment. to this bill, and ask a conference with the House on the bill and amend- Mr. DOLPH. The junior Senator from Arkansas [Ur. BERRY] de­ ments. • sires to submit some remal'ks on Monday, and when the bill is before The motion was agreed to. the Senate again I shall ask the Senate to postpone its consideration By unanimous coment, the President JWO tempo1·c was authorized to until tr,.fonday next. appoint the conferees on the part of t he Senate, and Mr. D.A. WES, Mr. The PRESIDENT pro tempore. That can be done now by unabi- STOCKBRIDGE, and Mr. JoNES of Arkansas were appointed. mons consent. Mr. COCKRELL. Now I ask for theconsiderationofOrderofBusi­ Mr. DOLPH. Let it be done at this time. and then the bill will be ness 2252, which is a bill of the same kind. out of the way for the rest of the week. By unanimous consent, the Senate, as in ·Committee of the Whole, XIX--559 8930 CONGRESSIONAL RECORD-- SENATE. SEPTEl\IBER 25,

proceeded to consider the bill (H. R. 6612) to grant right of way throu):!:h ADDITIONAL LAN'D DISTRICT IN COLORADO. the Indian Territory to the St. Louis and San Francisco Rail n-ay Com- Mr. TELLER. I ask the ·Senate to take up Senate bill No. 3124, pany, and for other purposes. . . . . Order of Business 2269. The bill was reported from the Comm1ttee on Indian Affarrs Wlth By unanimous consent, the Senate, as in Committee of the Whole, amendments. The first amendment was, at the end of section 1, line proceeded to consider tbe bill (S. 3124) creating three additional land 65, to strike out ''granted '' and insert ''provided for; '' so as to read: offices in the State of Colorado. .Also an extension of said branch line from such point of intersection, or from The hill was reported to the Senate without amendment, ordered t-o some other station or point on said railway as now constructed, southen.st­ be engrossed for n. third reading, read the third time, and passed. wardly, by the most_ prac~icable ro_ute through the l&:ndsof_the C~octaw ~at ion, to a point on Red R1ver, 1n Red Rn·er County, of sa1d natiOn, w1lh the r1ght to P. H. WIN'STON. construct use and maintain such tracks, turn-outs, and sidings in connection with all dr any of said railways a.s said company may deem to its interest to 1\Ir. VANCE. I nsk the Senate to take up Order of Business 2163, construct upon the x·ight of way and det>ot grounds hereby provided for. being House bill 4239. ·The amendment was agreed to. The PRESIDENT p1·o tempm·e. Will the Senator indicate the title The next amendment was to strike out section 2, as follows: of the bill? SEc. 2. That the right of wav of 200 feet in width through said Indian Terri­ Mr. VANCE. It is the lJill (H. R. 4239) for the relief of P. H. Win­ tory is hereby granted for each of said two railways, and for_said branc!-t rail­ ston. way and the extension thereof hereinbefore named, to the sa.1d St. Lou1s and The PRESIDENT pro tempore. A Senate bill on the s~me subject San Francisco Railway Company, and a. strip of land 200 feet in width, with a length of 3,000 feet in addition to the right of way. is herob! granted. for sta­ has passed the Honse of Representatives, the Chair thinks. tions on each of said lines for every 10 miles of road, no portwn of wh1ch sllall Mr. VANCE. The bills were introduced simultaneously, and when be sold or leased by the company, with the right to use such additional ground the Senate bill got to the House of Representatives they passed the where there are heavy cut or fills as may be necessary for the construction and bill which was originally introduced into the Hou e. It came over maintenance of the road-bed, not exceeding 100 feet in width on each side of said right of way, or as much thereof a~ may~~ included i11 srud cut OL' fiJI: here and was referred to the same committee, and the Honse bill is re­ Provided always, That no more than sa1d addttlon of land shall b~ taken lor ported. The Senate bill is in the House. any one station: Provided further, That no part of the lands herem granted There being po objection, the Senate, as in Committee of the Whole, shall be used except in such manner a~d for such purpose~ onlr as shall be nec­ essary for the construction and convement operat10n of said rat! way, telegraph, proceeded to consider the bill (H. R. 4239) for the relief of P. H. Win­ and telephone lines, and when a~y porti~n thereof. shall cease t

4489 of the Revised Statutes requiring life-saving appliances on Missouri River at some accessible point within 1 mile north and 1 mile steamers. south and east of the mouth of the Kansas River. The bill was reported from the Committee on Commerce with an RIGHT OF WAY ACROSS PAPAGO INDIAN RESERVATION. amendment,· after the word "projectiles,'' at the end of the bill, to add Mr. DAWES. I ask the Senate to consider Order of Business 2332, ":rnd the means of propelling them;" so as to make the bill read: being House bill 7843. B e i t enacted, etc., That sections 4488 and 4489 of the Revised Statutes shall be B · t t' bill (H R 7843) tin t C't amended by inserting after the words "life preservers," wherever they occur, Y unanrmous consen ' he · · gran g 0 1 rous the words "line-carrying projectiles, and the means of propelling them.'' Water Company right of way across Papago Indian I'eservat.ion in Marl" The amendment was agreed to. copa County, Arizona, was considered as in Committee of the Whole. The bill was reported to the Senate as amended, and the amendment The bill was reported from the Committee on Indian Affairs with an was concurred in. amendment, which was, in line 10, after the word "Arizona," to strike The bill was ordered to be engrossed for a third reading, read the out the words: third time, ami passed. Pt·m·idccl, That all persons residing along said right of way shall bn.ve equal rights to water-supply at reasonable compensation. ALEXANDER W. BALDWIN. And to insert in lieu thereof: ~Ir . STEWART . I move that the Senate proceed to the considera­ For the sole purpose of constructing a ditch or canal, to be used in conv-eying tion of Order of Business 2162, bein~ Senate bill 3438. water across said res~rvation for use in irrigating lands and supplying water to By unanimous consent, the Senate, as in Committee of the Whole, owners of la,W. below: Provided, That so long as said reservation shall continue for the use and occupation of said Indians, said Indians shall, free of cost, be proceeded to consider the bill (S. 3438) to refund illegal internal-rev­ supplied with water from said ditch or canal in such quantity and under such enue tax collected of the late Alexander W. Baldwin, as United States regulations as shall be prescribed by the Secretary of the Interior, and that district judge for the district of Nevada. It directs the Secretary of reasonable compensation only, subject at all times to the control of Congress, shall be charged to those suppliea with water for use upon land held unde:r the the Treasury to refund t o the estate of Alexander W. Baldwin, late United States: Pro'Videdfurther. United States district judge for the district of Nevada, the sum of So as to make the section read: $624.59, being the internal-revenue tax illegally collected on his salary. That the Citrons Water Company, a. corporation organized under the la.ws of The bill was reportedtto the Senate without amendment, ordered to the State of California, and transacting business in the Territory of Arizona, is be engrossed for a third reading, read the third time, and passed. hereby granted the right of way,lOO feet in width, across, through, and out of township south 5, range west 5, Gila and Salt River base and meridian, the said LINCOLN LAND DISTRICT IN NEW J.UEXICO. describedlandbeingapartoithePapagolndianreservationinMaricopaCounty, Mr. COCKRELL. I ask that Senate bill 3390, Order of Business Arizona, for the sole purpose of constructing a ditch or canal, to be used in con­ veying water across said reservation for use in irrigating lands and supplying 2004, a bill to create the Lincoln land -districtjn the Territory of New water to owners of land below: Provided, That so long as said resen·ation shall Mexico, reported by the Senator from Kansas [Mr. PLUMB] from the continue for the use and occupation of said Indians, said Indians shall, free of cost, be supplied with waterf1:om said ditch or canal in such quantity and under Committee on Public Lands, be considered. I t is a very short bill. such regulations as shall be prescribed by the Secretary of the Interior, and that · Byunanimous consent, the bill (S. 3390) t o create the Lincoln land reasonable compensation only, subject at all times to the control of Congress, district in the Territory of New Mexico was considered as in Commit­ sha.ll be charged to those supplied with water for use upon land held under the United Stn.tes: Provided fllTther, That said right of way herein granted shall not tee of the Whole. be mortgaged, sold, transferred, or assigned except for the purpo es of con· The bill was reported to the Senate without amendment, ordered to struction: .And proL"i.dedfurther, That unless said canal for which this right of be engrossed for a third reading, read the third time, and passed. way is granted be completed within two years after the approval of this act the provisions of this act shall be nun and void. OZIAS MORGAN'S SURETIES. The amendment was agreed to. Mr. HAWLEY. I ask for the consideration of Calendar No. 2112, The next amendment was to adtl as a new section: Senate bill 1839. SEC. 2. This act, and all rights acquired under the same, shall be subject at all By unanimous consent, the bill (S. 1839) for the relief of Daniel C. times to modification, revocation, amendment, or repeal by Congress. Rodman and others, sureties on the bond of Ozias Morgan, was consid­ The amendment was agreed to. ered as in Committee of the Whole. The bill was reported to the Senate as amended, and the amend­ The bill was reported from the Committee on Claims with an amend­ 11 ments were concurred in. ment, which was, in line 10, after the word ''seventy, to insert the The amendments were ordered to be engrossed and the bill to be words "and their heirs and legal representatives be;" so as to make the read a. third time. bill read: The bill was read the third time, and passed. B e it ena.ded, eto., That Daniel C. Rodman, Ossian B. Hart, Charles Slazer, Cal­ vin L. Robinson, Ozias Buddington, and Joseph R. Richard, sureties upon the Mr. DAWES. I move that the Senate ask for a conference with the bond of Ozias Morgan, given as security for the faithful performance by said House of Representatives on the bill and amendments. Ozias l\lorgan of his duties as receiver of public moneys o.nd disbursing agent The motion was agreed to. of the United States land office at Tallahassee, Fla.. from 1866 to 1870, and their heirs and legal representatives, be, and they.a1·e hereby, re1ea ed and discharged By unanimous consent the President pro tempore was authorized to of and from all and every obligation and liability whatsoever on account of appoint the conferees on the part of the Senate, and Mr. DAWES, 1\Ir. said bond. JONES of Arkansas, and Mr. STOCKBRIDGE were appointed. The amendme:{lt was agreed to. HEffiS OF JOHN H. NEWl\IAN. The bill was reported to the Senate as amended, and the amendm"ent Mr. GEORGE. I ask consent to call up Order of Business 2093, be­ was concurred in. ing House bill 834. The bill was ordered to be engrossed for a third reading, read the By unanimous consent, the bill (H. R. 834) for the relief of the heirs third time, and passed. of John H . Newman, deceased, was considered as in Committee of the MESSAGE FROM THE HOUSE. Whole. A message from the House of Representatives, by Mr. T. 0 . TOWLES, The preamble recites that it appears of record that at its December its Chief Clerk, announced that the House had passed the following term 1874, the Court of Claims in the case of John H . Newman vs. bills and joint resolutions; in which it requested the concurrence of The United Sta tes, numbered 3162, rendered a judgment in favor of the Senate: · Newman for the proceeds of 50 bales of cotton, valued at $177.55 per• A bill (H. R. 4351) to provide for the deposit of the savings of sea.­ bale, when, under the proof, the court adjudged that the claimant was men of the United States Navy; entitled to the proceeds of 230 bales. The bill therefore proposes to A bill (H. R. 4353) to provide a temporary home for cert..1.in persons direct the Secretary of the Treasury to pay to the legal representa~ives discharged from the United States Navy; of John H . Newman, deceased, late of the county of Warren, Missis­ A bill (H. R. 10652) to encourage the enlistment of boys as appren­ sippi, $32,679.20, balance due on account of captured cotton, as shown tices in the United States Navy; by the opinion of the court in rendering the judgment, the amount to Joint resolution (H. Res. 112) requesting the President of the be paid out of the proceeds of capt ured and abandoned property now United States to negotiate with the Government of Mexico for the in the Treasury. creation of an international commission to determine, accor.dingto the Mr. PLATT. Is there a report with that bill? rules of the Washington convention of November 12, 1884, all ques­ Mr. GEORGE. Yes, sir. tions touching the boundary line between the United States and Mex­ The PRESIDENT pro tempore. The report will be read if the Sena­ ico where it follows the bed of the Rio Grande and Colorado Rivers; tor from Connecticut desires to have it read. and Ur. PLATT. I want some statement explaining the case. I under­ Joint resolution {H. Res. 181) accepting the invitation of the Im­ stood from the reading of the bill that there was a judgment of a court, perial German Government to the Government of the United States to and that this was to pay something more than the judgment of the court. become a party to the International Geodetic Association. I may have misunderstood the reading of the bill. I should like to hear some explanation of the case. ENROLLED BILLS SIGNED. Mr. JONES, of Arkansas. I examined this case and can explain to The message also announced that the Speak er of the House had t he Senator the facts. signed the following enrolled bills; and they were th ereupon signed by This claimant, Newman, placed in the hands of an attorney in this t he 'President pro tempore: city a claim for 250 bales of cotton; gave him a power of attorney to A bill (S. 2862) granting a pension to William R. Dean; and present the claim and prosecu te it in the courts and collect the money. A bill (H. R. 9619) to authorize t he construction of a bridp;e across the In presenting the claim he made it for 50 bales of cotton. It was not 8932 CONGRESSIONAL RECORD-.SENATE. SEPTEMBEH, 25,

ascertained at the time that there was an error in the original appli­ therefore urge the passage of the bill herewith reported, with an amendment as follows: • cation until the two years' time within whicll the tribunal had a right "In line 8 strike out the following words, 'said judgment,' and insert in lieu to act had elapsed. \Vhen the error wa.o: discovered, a motion was made thereof 'the ooinion of the court in rendering said judgrr.ent.'" to amend the original petition by making it 250 bales instead of 50, In addition to the matter set out in the foregoing report, your committee respectfully submit the following : - but the court held that the two years within which it had a right to It appears from the record of this case in the Court of Claims, which record act bad expired, and it would be in the nature of a. new action to allow your committee haye carefully examined, that when the attorney for the claim­ the claim to be amended so as to make it 250 bales; but the finding ant became aware of the fact that he had made a. mistake in the original peti­ tion he filed a. motion to correct the same by claiming the number of bales was that the taking of the 250 bales was proved, every item in the which his client had in the first instance n.uthorized him to sue for. A copy of case necessary to be proven was proved, and the judgment rendered the 1·ecord of the court containing the motion and a similar motion in other was that the proof being made for 250 bales of cotton, the judgment cases is filed as a part of this report. In Yiew of the fact that the com·t affirmed the rep01·t of the commissioner, should have been rendered for that amount but for the fact that the wherein it was found that the claimant w:>.s entitled under the proof to tbe pro­ claim had been presented for 50 bales, and the finding o f the court ceeds of 23,! bales, it appears at firat sight a matter of surprise that the applica­ must be confined thereto. The proof was not for 250 bales, but for tion of the claimant for leave to amend his petition was overruled. On exam· inntion of a case decided by the court about two mopths prior to this motion, 234 bales of cotton, I think, and this bill is to pay the balance of t}le being the case of Thomas Kidd, guardian, et.c., the t.heory of the law which amount found by the court to be due to this claimant, but which was governed the court in this case is set out. The court held that an application by error of his counsel omitted to be claimed in the original com­ to amend the petition so as to claim an additional number of bales of cotton was in the nature of a new demand; that the act of March 12,1863, known as plaint. the abandoned and captured property act, which autborizas the bringing of That is the whole case and those. are the fhcts in the case. flu its of this character "at any time within two years after the suppression of Mr. PLATT. Is the finding of the court attached to the report of the rebellion," was a statute of jurisdiction rather than of limitation. The fol· lowing is taken from t.he opinion of the court delivered by the chief-justice: the committee? . ' Every statute of limitation acts upon existing causes of action by prescrib- Mr. JONES, of Arkansas. I th1nk so. ing a period of time within which they must be prosecuted by a suit at law and Mr. PLATT. I do not want to object to the consideration of the bill barring their prose~ut.ion after ~hat ~ime. · . . · · · ' •· No such statute Is mvolved In th1s case, for the s1mple and conclusive reason but I should like to examme the cla1m. . Ithat, until the passage of the act of:M:arch 12,1863, no person whose property in The PRESIDENT pro te1npore. Does the Senator des1re to have the the rebel States was captured by military forces of the United States or seized report read? by the :1gents of the Treasury Department had, or could possibly have had, any 1\Ir. JONES, of ..Arkansa.s. I ~ng~est t~at the S~nator let the bp.I P!ISS ~:~~~~r~c:~r{:er;~~~:~d~U:ftf:e~l~ej ~~~~~~~~::Y~r any other court for the and be can move a reconsideratiOn 1f lle IS not satisfied on exammation "It is this act alone that conferred the right. Of course it conferred it upon that it is correct. There will be no objection to that. !hose only who are designated in th~ a.<:t, and t~ey can exercise the .right only · lik $32 OOO 1 · · tb' m such manner, at such place, and WJthtn such time as the act prescnbes. Who Mr. PLATT • I d o not qmte ~ to pass a , . C .aim 1D a m is so designated? 'Any person claiming to have been the owner of any such Senate of twenty members or so Without any exammat10n whatever. ahandoned or captured property.' How is the claim to be asserted? Byclaim- .I ask for the readina of tile report. ant's preferring ~n thi.s court his clai!D to t~e proceeds of such property. W~en ~ Th · ·11 b d may he prefer his clarm? '.At any time WJthm two years after the suppressiOn The PRESIDEN'I pro tempore. e report W~ e rea • of the rebellion.'" (Kidd 1:s. The United States, 8 Court of Claims, 264.) The Secretary read the following report, submitted by Mr. JO.YES, of H was held, therefore, that while the report of the commissioner, based on .Arkansas .Auaust 14 1888· the evidence, showed that the claimant would have been entitled to the pro- 0 ' • ' • • • ceeds of 234 bales had he claimed that amount in his original petition, that the The Committ~e on Cla1ms, to whom was referr~d the b11l (H. R. 834) for the two years within which suits of this character could be brought having expired relief ot t-he hetrs of John H. Newman, h:tve considered the same and report he could not avail himself of the right by amending his petition. A careful ex­ as follows: . . . amina.tion of the evidence supmitted by the claimant before the Court of Claims The Comm1ttee on War Claims of th~ H.ouse of R!!presentatives, ~o whom leaves no reasonable doubt as to the fact that the cotton was actually taken by this bill was referred, made a report whtch IS substantu~lly embraced m tlle fol- the authorized forces of the United States. This taking raises a presumption _ lowing extracts. • which this committee adopts as its. own .report: that it was sold and the proceeds paid into the Treasury, for the Supreme Court "Your commi~tee have befo.re them the record m th1s case from the files of of the United States, in affirming a number of cases of like character with that the Court of Claims. The claimant there, John H. Newman, now dead, ga.ve of this claimant, decided at the same term of the court and upon precisely the his power of attorney to B. D. \Vhitney 'to sue for, demand, collect, and receipt same character of evidence that Newman submitted in support of his claim for for the proceeds of 250 bales of cotton taken from him by authorities of the 245 bales, held as follows: United States, and the proceeds of which haYe been turned over to the Treasury "The Court of Claims found ns a fact that the cotton of each of these several Department.' Under this po_wer \Vhitney bt·ougl~t suit by his atto.rneys under plaintiffs contributed to and formed a part of this mass so intermingled and the act of March 12, 1863, entitled 'A!l act t.o provi.de.for the c?llect10n. of .a ban- sold. Tbis finding was not based upon evidence specifically tracing the prop­ doned property, and for the prevenhamuel Milligan, judges. 10aid county, and nenr the plaintiff' s plantation; said cotton was hauled to said Jolrn II. Newmanvs. The United States. 3162.-ThomasKicld, executo1· ofMat· headquarters. thew A. Bolls, 1:s. The United States. 3182. , " 'The evidence shows that afterwards some of thfs cotton was put on the cars 1\Iessrs. Hartley and Casey filed motions asking leave to file amended petitions and "started towards Vickburg;" some of it was hauled in wa&"ons towards in tbese cases. - Vicksburg, and some of it was taken to the fortifications near the neadquarters WASHINGTOY, Monday, May 26, 1873. of General Osterhaus. · The coUI·t met according to adjournment. . " 'The cotton in lint and seed was taken to a neighboring gin !>y an agent of Pre ent, Charles D. Drake, chief-justice; Charles C. Nott and Sa.muell\Iilligan, the Treasury, where it wns ginned and baled. From thence it was transported judges. to Vicksburg by the Treasury agent. John H. Newman v.~. The United Stales. 3162. "'I find from the evidence that 245 bales of the claimant's cotton went into the Vicksburg cotton, and that he should be charged one-fourth for ginning and The molion filed .April 24, 1873, to amend petition by increasing the number bailing 45 bales, or 11 bales, leaving 234 bales to the credit of the claimant. of bales sued for. and by changing the time assigned ns the date of seizure of "• But inasmuch as he has claimed only 50 bales in his petition, he can be al­ the cotton from July, 1864. to June, 1863, was denied as to the increase of the lowed out of the fund only for 50 bales. And therefore the claimant is entitled number of bales and allowed as to the change of date. to judgment for the 1ralue of 50 bales of cotton, at the average r:1te per bale, I hereby cert-ify that the foregoing is a true copy of the original records of the payable out of the first fund-50 bales of cotton, at $177.55~ per bale, $8,877.50. court. "'On May 2-J, 1875, the court made the following order: ''And it is further or­ In testimony whereof I have hereunto set my hand and affixed the seal of the dered that the engrossed and consolidated copy of the reports of the commis­ court this 11th day of Jnly, 1888. sioner, as amended by this order filed herewith, stand as the findings of fact of .ARCIIIBALD HOPKINS, the com·t."' Chirf Clerk Court ol Claims. "This made the finding of Commissioner Eveleth the finding of the court., and Mr. PLATT. Is there any explanation or reason why since 1875 up the Supreme Court of the United States has held in the 'intermingled cotton cases' (92 U.S. Reports, p. 651), where the Court of Claims bad adopted the find­ to the present time nothing bas been done to recoYer this claim? ing of the commissioner, 'that the judgments as rendered are the result of the Mr. JONES, of Arkansas. ::M:y impression is that this matter has delibet·ation of the court, and not that of the commissioner alone.' been constantly presented to both Houses of Congress all the time since. • • $ * • * * While I do not remember distinctly a bout those facts-it bas been "Tile money which claimant asks is not the property of the United States, but 8 some time since I have examined the case-my impression is that it has U~~uf~ ~~~!~~~~ !~d ~~~r ~!~:[cf~:f~o Ji;:t };~P~thlss;~i~~~?z-~~~1>; ~~~= passed each Honse, or passed the House of Representatives once or ing it constituted itself claimant's trustee (13 Wallace, p. 128), and from this twice. I am not positive, howe>er, about that, and I do not under­ trust fund the bill provides that be shall be paid. - - ''There is, in thejudgmentof this committee, neither law, reason, justice, nor take to make that statement. policy in withholding this money claimed from its rightful owner, and we Mr. PLATT. Or is there any reason why the attorney who had au- ·.· '· · .

1888. OORGR.ESSIONAL RECORD-SENATE. '8933

thority to sue tor 250 bales of cotton taken, which manifestly was not b_y- the court down to the places where these claims all originate. This the exact amonnt, only sued for 50 bales. case was connected with a large number of claims which came up from Mr. JONES, of Arkansas. It was an error, a mere oversight, a mere Mississippi, involving immense amounts of cotton that were shipped mistake, a clerical mistake in bringing the suit for 50 bales instead of and sold by the Government of the Unit-ed States, and that belonged 250 bales of cotton. The power of attorney given to the attorney in to the owners of the cotton and never belonged to-the Government. the first instance was to bring suit for 250 bales of cotton. They proved When the Court of Claims was r.cting under the authority conferred 234 bales, and not 250, and that resulted, as I understand, from the upon it by Congress, and sent officers to the ground for the purpose of fact that part of this cotton was in seed and the exact amount was not making these investigations, and the matter was reported back, and known to the claimant at the time he authorized his agent here to bring that court has solemnly decided that this party was entitled to 234 suit in the first instance. The claimant in this case, as I understand, bales of cotton, and that decision of the court was read at the Secre­ was quite an old man, and died within a year or two after the close of tary's desk, I did not suppose it was necessary to recite every solitary the war, and some years elapsed after this suit was -brought before his fact that came to the consideration of the court to establish that. widow, who was old and poor, as I understand, and knew nothing When tile Supreme Court of the United States had decided that the about the facts in the case, learned what the facts were, and it was in finding of this court and the report of Commissioner Eveleth, adopted a comparatively recent year that she ascertained what tho truth was by the Court of Claims as the judgment of tho court, was correct, it in the case, and presented her petition asking for r.elief. seemed to me that that decision should be entitled to some respect even .Mr. PLATT. It does not appear, I believe, when the power of at­ from the most distinguished members of this body: an(l that some sort torney was given nor when suit was brought. of consideration would be given to a decision of the Supreme Court of M:r. JONES, of Arkan~s. The law authorizing these suits was in the United States indorsin~ and ratifying a decision of the Court of existence bnt two years. The power of attorney was given within Claims. that time, and the suit was brought within that time. The motion to I have no objection to the Senator taking any length of time he de­ amend made by the attorney himself, to make the complaint for 250 sires to investigatethis case. instead of for 50 bales of cotton, was not made within the two years, I have time after time· and day after day asked the Senate to take up and was overruled by the court because it was not made within the the Calendar and proceed with it in the morning hour, but it has been two years for which that statute remained in force. objected to by Se.nator after Senator. There is no chance on the face M:r • .PLATT. In some way the case seems to have been pending in of this green earth to get up a claim for consideration-to get the con­ the Court of Claims for ten years before final decision. sideration of this kind of business-except at a time like this, when no­ Mr. JONES, of Arkansas. Not at all; the decision was rendered body has any desire to bring up any matter of general public interest. within a reasonable length of time. It was nowhere in the neighbor­ If the Senator will use his very great influence to induce the Senate to hood of ten years. I do not recollect the date. consider the Calendar in regular order, I, for one, will object to the con­ Mr. PLATT. The report says: sideration of any claim outside of the hour set apart by the rules of the On May 24,1875, t.he conr~ made the following order: ".A.ncl it is further or­ body for the consideration of claims on the Calendar. dered that the engrossed and consolidated copy of the reports of the commis­ But I submit that when we go on week after week neglecting the sioner, as amended by this order filed.herewith stand as the findings of fact Of business on the Calendar, when we have just and honest demands for the court." consideration at the hands of this body, claims reported unanimously Mr. JONES, of Arkansas. I do not remember the date on which by committees of this body, it certainly does not lie in the .mouth of thejudgment was rendered. any Senator to impute wrong motives to a man who calls up one of 1\Ir. PLATT. The report says: these case.~ fhr consideration when the Senate, hy its conduct, abso­ Commissioner Eben Eveleth made the following report, which we take from a certified copy of" Consolidated copy of the repor~s of Commissioner Eveleth, lutely refuses to consider claims at a time when they, under the rules, filed May 21, 1875," page 11: · ought to be considered. I am perfectly willing to have a reformation Mr.· President, I do not know but that this claim is all right, but it on that subject at any time. I am willing for it to-morrow, and I illustrates what induced me to make some inquiry into it, and that is, should be glad to see the Senate persistently refuse to have anything that after a day which has tired Senators with the variety of business but the Calendar considered after it actually gets through the routine it is quite the habit to take up just at 5 o'clock, or just a few minutes. morning business until the expiration of the morning hour every day. before the time when we should naturally adjourn, not. only large Mr. PLATT. Mr. President, I really had no expectation that I claims, but this kind of claims. While I do not know but that upon should call down upon my head such a rebuke as the Senator from examination I should find that this claim was one that ought to be Arkansas has conceived it to be his duty to administer to me. I cer­ passed, I am not willing to vote for it now, and I shall ask for a divis­ tainly had no intention of imputing anything wrong to any Senator, ion upon it if a vote is to be pres8ed now. and the very fact that offense is t..1.ken so quickly, and, perhaps I might It appears certainly by the report that this claim is outlawed, that add, so testily, at what I said only emphasizes the intimation which the statute of limitations runs against it. It seems to me that, in such I made tbat the Senate ought to have adjourned before calling up a claim at least, we ought to have the clearest proof as to the reason claims of this character. · why the mistake was made by the attorney, if. that is the ground upon Mr. President, it is nevertheless true that when we have h~d a day which it is p ut, and why it was not discovered, and everything wh!ch like this and the Senate is just about ready to adjourn, it almost al­ appeals to the equity side of the Senate to remove the bar of the stat­ ways happens that a claim ranging anywhere from thirty to fifty or ute of limitations. ~ I said, perhaps on a fuller exammation it will one hundred or two hundred thousand dollars happens to be called up appear that this claim is all right, but I am not ready to vote for it just about the last moment. now. · Mr. HARRIS. Will the Senator ~How me to ask him if he can not Mr. JONES, of Arkansas. . For myself, as to the intimation or the find a very much better reason why that fa~ t is true· than the one he imputation conveyed in the language of the Senator from Connecticut, intimates- it is attributable to? s~ying that it is quite the habit to call up claims of this kind at a late Mr. PLATT. I do not intimate anything. hour, at 5 o'clock in the afternoon, I desire distinctly to repudiate it. 1\Ir. HARRIS. When the regular business of the day has been con­ So far as I am concerned I claim to be as honest in the discharge of my cluded, if it ever is before the hour of adjourning, there has generally duties here as any other Senator. I did not call this case up, although been, I will say always has been, a scramble as between Senators for I ~hould not have hesitated to have done so at this hour or any other. consideration of one and another of the private bills on the Calendar. It has gone through a committee of this Senate composed, at least in It is universal. part, of gentlemen who are as reputable perhaps as the gentleman who Mr. PLATT. I wish distinctly to say again that I am attributing criticises the motive in calling up the bill at this hour.- no improper motive to anybody for calling up this bill. Only a few -~his · bill has been thoroughl;r examined by that committee. Every days ago a bill involving two hundred and sixty-nine or two hnndred solitary member of the committee was thoroughly satisfied that the and seventy thousand dollars was called up just in this way at the last claim ought to pass, and it has passed the committee unanimously and moment, a bill 'Yhich would have passed, in my judgment, if it had has been reported to this body, and has been on the Calendar for quite been called up at any other hour of the day, and a bill which upon ex­ a while. It seems to me that this ought at least to make out prima amination I am satisfied ought to pass, but I do not think it is wise to facie that the bill is entitled to some sort of consideration. do business exactly in this way. · I have no objection to every Senator being fully satisfied of the ju~tice In regard to this claim, I say it may be all right. I do not wish to of every claim that passes here. I have no sympathy, so far as I am cast any reflection upon this claim; but I do say in a claim of this sort, concerned, with the large mass .of claims of this nature that come up where the statute of limitations ha.s run against it and where we are here, and I am,· I think, perhaps in many instances inclined to be too asked to relie•e against that statute of limitations by reason of the rigid as to the proof that should be requil:ed; but when the proof has fad that an attorney twenty-four years ago neglected to carry out his been carefully examined by the committee on more occasions than one. instructions and made a mistake, we ought to have a full opportunity and every member of it is entirely satisfied, so far as I am concerned i to examine and see whether the facts and circumstances are such as have no sort of fear that any imputation of any disreputa.ble motive in make it eq·uitable that we should remove the bar of the statute of lim­ bringing up a claim of j.his kind at this hour will lie ao-ainst me or itations in this case. against any other honorable member of this body. "" I am very sorry that anything I have said has seemed to imply to The investigations which are made by the Court of Claims in this any one that there was any impropriety in calling the case up so far as · class of cases require ·a great deal of time. Commissioners are sem the motive of the person calling it up was co!lcerned.

• CONGRESSIONAL RECORD-HOUSE. SEPTEJ\fBER 25,

I want to say one word, and that is this: I know that committees A bill (H. R. 4351) to provide for t.he deposit of the savings of sea­ examine cases, that they examine them with care, that they ha•e bet­ men ofthe United States Navy; ter opportunities for coming to a correct conc~usi on upon them than A bill (H. H. 4353) to provide a temporary home for certain persons Senators who are not upon the committee ; but it would be :1 \CI"Y un­ discharged from the United States Navy; and safe rule to adopt that every case which is reported favorably by a com­ A bill (H. 11. 10652) to encourage the enlistment of boys as appren- mittee here is to pass because it bas been reported favorably by n. com­ tices in the United St-3tes Navv. · mittee; and it seems to me, with all respect to the Senator from Ar­ The following joint resolutions were severally read twice by their kansas, tha.t he is hardly justified in suggesting that other Senators bad titles, and referred to the Committee on Foreign Relations: not a right to take time to examine-- Jointresolution(H. H . 112) requestingthePresidentof theUnited Mr. JONES, ofArkansas. The Senator from AI· kansas made no such States to negotiate with the Government of Mexico for the creation ot

insinuation or intimation and no such statement. On the contraTy, I an international commission to determine1 according to the rules or stated I thought it was propeT for every Senator to look into every case the Wa hingtou convention of :!S"ovember 12, 1884, all questions touch­ until he was satisfied about it. I simply stated that this claim had ing the lJOund:uy line between the United Sta.tes and Mexico where it met the unanimous approval of the committee to show that it was follows the bed of the Rio Gr.:mde and Colorado Rivers; and • not altogether and absolutely a barefhced fraud. Joint re elution (II. Tics. 181) accepting the invitation oftbe Imperial ~11·. PLA'l'T. But the Senator took me to task because I wanted a German Government to the Government of the United States to become little time to exan;Jine this, and because I happened to say th:1.t I thought a party to the International Geodetic Asso~iation. it was an improper time to call up such a bill. The PHESIDENT pro tempo1·e. The question is on the motion of the Mr. JONES, of Arkansas. I beg the Senator's pardon for inter­ Senator from Mississippi [Mr. GEORGE] that the Senatedonowadjourn. rupting him to say that I did not take him to task for any such pur­ The motion was agreed to; and (at. 5 o'clock and 20 minutes p. m.) pose. I did resent, with some feeling, I admit, the imputation, as I the Senate adjourned until to-morrow, Wednesday, September26, 1888, understood it, made by the Senator that there was something or or.her nt 12 o'clock m. a. little bit disreputable or discreditable in taking a time "'hen the Sen­ ate was thin and Senators were out, to ca11 up these bills. It is quite N0111IN.ATIONS. the habit, the Senator said, to call up these things at such times. I un­ Executive nominc.iions received by the Senate September 25, 1888: derstood him to make an imputation, and that I will resent every time. The PRESIDENT pro tempore. The Senator from Connecticut has E:~""VOY EXTRAORDINARY AND 1\HNISTER PLENIPOTK:.~TIARY. distinctly disavowed making any such imputation. The Chair thinks, John G. Parkhurst, of Michigan, to be envoy extraordinary and therefore, that it is not in order for the Senator from Arkansas to com­ minister plenipotentiary of the United States to Belgium, vice L:tm­ ment upon it, and there is danger that colloquies of this kind may de­ bert Tree: nominated for the mission to Russia. generate into per~onalities which ought to be a\""oided. POSTMASTERS. Mr. JONES, of Arkansas. I wast:imply attempting to explain what William R. Kelley, to be postmaster at Fernnndinn, Nassau County, I meant or what I intended to say. Florida, vice Columbus L. Jack, deceased. Mr. PLATT. Then it occurs to me, Mr. President., that there is no Walter C. Newberry, to be postmaster at Chicago, Cook County, il­ force in the suggestion of the Senator from Arkansas that claims ought linois, viceS. Corning Judd, resigned. to pass so.mewhat upon the conclusions of the committee that has ex­ Charles H. Tracey, to be postmaster at .Anaconda, Deer Lodge County, amined them. Perhaps the Senator from .A.rkansas will say that he Territ-ory of Montana, vice Benjamin F . Mahany, resigned. did not make that suggestion-- Mr. JONES, of .Arkansas. I will say it. FOR APPOINTMENT IN THE ARMY. Mr. PLATT. That that was not the force of his argument. Butif Inspector-General's Department. it was not, I can not understand what his argument was. He re­ Capt. Henry W. Lawton, of the Fourth Cavalry, to be inspector­ hearsed before the Senate the care which the committee had taken to general with the rank of major, September 17J 1888, vice Burton, pro­ investigate-this, their very great opportunities for investigation, and if moted. there was not a. sug~estion in it that the Senate should take the con­ RECEIVER OR PUBLIC MONEYS. clusions of the committee without any very careful or thorough con­ sideration of the case, then I beg his pardon. I so understood him. Robert F . Coates, of Wichita, Kans., to be receiver of public moneys Now it is true that we have to rely somewhat upon the conclusions at Wichita, Kans., viceSamnel L. Gelbrot, resigned. . of committees, but there is danger that we may go too far in this re­ REGISTER OF THE LAND OFFICE. spect, that claims may pass here solely because they happen to be rec­ John B. Baird, of Atlanta, Ga., to be register of the land office at ommended by committees. Committees are not infallible. A com­ Seattle, Wash., vice John Y. Ostrander, resigned. mittee may make a mistake, a committee may act upon insufficient evidence, and, taking this ·report, the committee seem to have acted without any evidence whatever showing why this attorney failed to C'ONFIRM:.ATION. carry out his instructions and_bring suit for the whole two hundred Exeeutive 1wmination confirmed by tlJ.e Senate September 25, 1888. and :fifty bales. That evidence may have been before the committee; EROMOTION IN THE NA.VY. it may have been perfectly explained in the committee, but the com­ mittee has not deigned to inform the Senate why that was so; and Chief of Bureau of Eqttipme:nt and R~C1'ln"ting . when anybody des4"es an opportunity to examine the point which it Capt. Winfield Scott Schley, a. resident of Maryland, to be Chief of seems to me covers this whole case and is vital to its decision, then we the Bureau of Equipment and Recruiting in the Department of the are somewbat taken to task. Navy, with'the relative rank of commodore. For one, Mr. President, I propose to examine the bills which are be­ • fore the Senate, and I propose to have time to do it if I can get it under the rules of the Senate. Mr. GEORGE. Mr. President, I suppose, so far as interest is con­ HOUSE OF REPRESENTATIVES. cerned, that I have more interest in thiscasethananybody else, though TUESDAY, I have no personal interest in it. These claimants are a widow and Septernher 25, 1888. orphans who reside in the State of Mississippi. I called the bill up in The House met a.t 12 o'clock m. Prayer by Rev. J. H. CUTHBERT, the usual way in which bills are called up on evenings of this sort. D. D. - . I merely desire to say to the Senator from Connecticut that I have The Journal of yesterday's proceedings was read and approv.ed. no disposition in the world to prevent him from giving this case a. full FORT WALLACE 1\IILITARY RESERVATION, KANSAS. and fair examination. I am satisfied myself that the.claim is just. It was so held by the Court of Claims, so held by the committee of the 'l'he SPEAKER laid before the House the following message from House of Representatives, so held by tbe House of Representatives, the President of the United States; which was read, and, with the ac­ and so held by t4e committee on the part of the Senate, and I simply companying bill, referred, on motion of Mr. HOLMAN, to the Commit­ desire to ::;ay now that if there is any motion I can make which will tee on the Public Lands, and ordered to be printed: extend to the Senator the time he desires to examine or look into the To the House of Representatives : I return without approval House bill No. 8810, entitled "An net to provide for matter thoroughly and fully, I shall be glad to make t.hat motion. tue disposal of the Fort Wallace military reservation iu Kansas." Mr. HARRIS. I can suggest a motion, that the Senate do now ad­ This bill provides that a portion of this reservation which" is situated in the journ. State of Kansas shall be set apart for town-site purposes and may be entered by the corporate authorities of the adjoining city of Wallace. Mr-. GEORGE. Very well, I make that, motion. The second section of the bill permits the Union Pacific Railroad Company to The PRESIDENT pro tempore. Before submitting the motion, the purchase within a limited time ::1. certain part of the military reservation, which Chair will lay before the Senate bills from the House of Representa- is particularly described, at the rate of $30 p er acre. I am informed that this privilege might by reason of a faulty de cription of tives for reference. · the lands enable the railroad company to purchase at the price named property HOUSE BILLS R-EFERRED. in which private parties have interests, acquired under our laws. The following bills received from the House of Representatives, were It isocvident that the description of the land which the railroad company is allowed the option of purchasing should be exact and certain for the interest of se·rerally re:ul twice by their titles, and referred to the Committee on all concerned. Naval Affairs: Section 4 of the bill grants a certain portion of the military reservation here- -1888. CONGRESSIONAL RECORD-HOUSE. 8935

tofore set apart by the military authorities as a cemetery to the city of Wallace military reservation in said village; which was referred to the Com­ for <.em etery purposes. There should, in my opinion, be a provision thn.tno bodies heretofore interred mittee of the Whole on the state of the Union, and, with the accom­ in this ground should be disturbed, and that when the same is no longer used panying report, ordered to be printed. us· o. cemetery it should 1·evert to the Government. GROVER CLEVELA~"D. W. H. C.A YCE. E xECUTIVE M ANSION, September U , 1888. Mr. WHEELER. I am instructed by the Committee on the Public SALES FOR OVERDUE TAXES, DISTRIC~ OF COLUMBIA. Lands to report back favorably the resolution in the case of Willian H . The SPEAKER. The bill (H. R. 10060) prescribing the times for Cayce, claiming the right of homestead entry to certain lands; which sales, and for notice of sales of property in the District of Columbia for is a privileged matter, and ask that it be printed and recommitted to overdue taxes was passed some time ago by both Houses, signed by the Committee on the Public Lands. their 1)residing officers, and sent to the President, but was afterward There was no objection, and it was so ordered. recalled by a concurrent resolution of the two HouseR. The gentle­ POTTAW.ATO::IIIE INDIANS, 1\IICHIG.AN AND INDIANA. man from Pennsylvanin. [Ur. ATKINSON] now asks unanimous consent that t he vote by which the House passed the bill may be reconsidered Mr. ALLEN, of Michigan, from the Committee on the Public Lands, in order that certain amendments changing dates named in the bill reported back favorably the bill (S. 217G) for tbe ascertainment of tbe may be inserted. The Clerk will read the amendments proposed, after amount due the Pottawatomie Indians of Michigan and Indiana; which there will be opportunity for objection. which was referred to the House Calendar, and, with the accompany­ The Clerk read as follows: ing repor t, orde"red to be printed. In line 14 of the printed bill strike out "September, 1£83," and insert "Janu­ ADVERSE REPORTS. ary,1889." After the word "and," in line 15, insert "the first Tuesday in September;" so Mr. MORRILL, from the Committee on Invalid Pensions, reported as to r ead," the first Tuesday in September of each year thereafter." back with an adverse recommendation bills of the following titles; Mr. ATKINSON. The enly purpose of these amendments is to which were severally ordered to be laid on the table and the accom­ make the act of Congress operative. The bill did not reach the Presi­ panying reports printed, namely: dent before the time fixed for advertising; and therefore unless the bill A bill (H. R. 9698) for the relief of August Cansdell, Company D, be ::tmen.ded no advertising can be done during the present year. The Ninth Kansas Volunteers; ' proposition is now to postpone the time for advertisement from the first A bill (H. R. G617) granting a pension to Sylvester Sharp i Tuesday of September of this year till the first Tuesday of January A bill (H. H. 10716) granting a pension to Charles Bays; next. A bill (H. R. 190) granting a pension to Johanna Trew; Several MEMBERS. All right. A bill (H. R. 10421) for the relief of Eliza. Wilson; The SPEAKER. If there be no objection, the votes by which this A bill (H. R. 10114) to pension John P. Swenson; bill W:l.S ordered to be engrossed for a third reading and by which it A bill {H. R. 10552) granting a pension to Stephen Wilson; was passed.will be reconsidered; these amendments will be agreed to, A bill (H. R. 3611) granting a pension to William Lutz; and the bill as thus amended will be again passed. The Chair hears A bill (H. R. 5224) granting a. pension to Jacob Zannuck; and. no objection; and it is so ordered. A bill (H. R. 3823) to rerate the pension of Stephen C. Momoe. LEAVE OF ABSENCE. ORDER OF BUSINESS. By' unanimous consent, leave of absence was granted as follows: The SPEAKER. The hour for the consideration of bills under the To Mr. WHITING, of Michigan, indefinitely, on account of impor­ rule begins at thirty minutes past 12 o'clock. tant business. Mr. SCOTT. I would like to ask unanimous consent for the consid­ To 1\fr. JOHNSTON1 of North Carolina, for two days, on account of eration of a little bili here rectifYing the record of three men who en­ important business. listed during the war, served during the entire war, but who had been To Mr. JACKSO:N, indefinitely, on account of important business. sold as substitutes without their knowledge. The bill passed the House To Mr. WILSON, of Minnesota, indefinitely, on account of impor­ by unanimous consent some two months ago and went to the Sen~te, tau t business. where there was a technical amendment inserted. It is now on the To Mr. O'NEILL, of Mh:sorui., indefinitely, on account of important Speaker's table. busihes~ . The SPEAKER. Without objection, the amendment will be re­ REPRINTING OF A REPORT. porteo. The SPEAKER. The gentleman from Arkansas [~1r. P.EEL], the :Mr. DINGLEY. Do I understand that the demand for the regular chairman of the Committee on Indian Affairs, asks that report No. order has been withdrawn? 3210, made by that committee, be reprinted with certain exhibits The SPEAKER. It bas not. which accompanied the original report, but which were not included l'tlr. DINGLEY. I think there ought to be some uniformity in re­ in the first print. Is there objection? The Chair bears none, and it is gard to this matter. so ordered. • The SPEAKER. The gentleman from Pennsylvania asked the House ENROLLED BILLS SIGNED. to give its consent to consider the amendments of the Senate to this bi1l. The Chair announced what the regular order was, and the gen­ 1\fr. KILGORE1 from the Committee on Enrolled Bills. reported that the committee had examined and found duly enrolled bills of the fol­ tleman from Texas has demn.nded the regular order. lowing titles; when the Speaker signed the same: Mr. DINGLEY. I ha.ve no objection to the request of the gentle­ A bill (S. 2862) granting a pension to Willin.m. R. Dean; and man from Pennsylvania myself, lmt think the1·e should be some regu­ A bill (H. R. 9619) to authorize the construction of a. bridge acros larity; and if the regular order is withdrawn for his benefit other gen­ the :Missouri River at some accessible point within 1 mile north and tlemen on this side ought to have an equal privilege. 1 mile south and east of the mouth of the Kansas Riv-er. The SPEAKER. The demand for the regular order has not been withdrawn. PURCHASE OF SWDRDS OF GENERAL JAl\IES SHIELDS. Mr. DINGLEY. Can this request be entertained if it is not with- 11Ir. MANSUR. I ask unanimous consent for the present considera- drawn? tion of the joint resolution (H. Res. 202) to construe and determine the The SPE AKER. If the gentleman makes the point. amount to be paid by the Secretary of War under the following act Jlt1r. DINGLEY. I do not make the point my~e lf; I only want some of_ Congress, p~.ssed at this session, namely, ''An ~ct to pnr?hase pf the ~ uniformity .

w1dow and children of the late General James Shields certam swords." The SPEAKER. Does the 0O" entleman from Texas insist upon the The SPEAKER. The joint resolution will be read. demand for the regular order? The Clerk proceeded to read the joint resolution. Mr. KILGORE. I do. Ir. KILGORE (before the reading was concluded). I call for the Mr. SCOTT. I would ask the gentleman from Texas to withdraw regular order. it for a minute. This is a bill that has passed the House, and t.he Mr. MANSUR. Let me appeal to my friend from Texas-- amendment of the Senate is informal. The SPEAKER. The regular order is demanded, which is the call Mr. KILGORE. I will withdraw it for one minute. of committees for reports. The SPEAKER. The gentleman from Maine insists that. if the de- LIGIIT-HOUSE AT POINT ISABJU,, TEX. mand is withclrawn, it must not be withdra wn for any particular per- l\Ir. CRISP, from the Commit'-~e on Commerce, 'report.ed back with so~ir. KILGORE. T hen I insist upon the demand. amendment the bill (H. R. 11342) providing for the re-establishment The SPEAKER. The Chair has announced the regular Qrder. The oCf the _light-fo~se at roint Isabel, Tex.; which was referred to the present occupant of the chair, not having been present at the last hour omm1ttee o t e Who eon the state of the Union, and, with the ac- ior consideration, will ascertain what committee is entitled to the call. companying report, ordered to be pririted. The Chair is advised by the Clerk that the last call re~ted with the ROAD THROUGII MILITARY RESERVATIOX, PLATTSBURGH, N.Y. Committee on Commerce, that it had occupied one hour, and bad a Mr. TOWNSHEND, froin the Committee on Military Affairs, re- measure under consideration; is that correct? ported back favorably the bill (H. R. 114..52) to construct a road from Mr. CRISP. No, sir; the Committee on Commerce had occupied its the village of Plattsburgh, N. Y., through and along the Government two hours. 893(} CONGRESSIONAL RECORD-HOUSE. SEPTE:MBER 25,

The SPEAKER. The Chair will then call other committees in their this floor extravagant expenditures which in my opinion have been order. made and are still being made for this coast and geodetic survey, it The Committee on Foreign Affairs was called. seems to me that if work of this kind is to be caiTied on at all there INTERNATIONAL GEODETIC ASSOCI.ATIO~." can be no possible harm in hu>ing a 1·epresentative from our survey at Mr. COTHRAN. I ask the present consideration of the joint reso­ that congress. · lution (II. Res. 181) accepting the invitation of the Imperial German Mr. BLOUNT. Work is being carried on at present in the States GoYernment to the Government of the United States to become a party and Territories. to the International Geodetic Association. Mr. HERBERT. Yes; a very great deJ,l of work is being carried on . 'I he joint resolution was read, as follows: in some of the States and Territories now by this bureau . Whereas the Government of the United States bas been invited by the Im­ llfr. O'NEILL, of Pennsylvania. I am very glad the gentleman perial German Government to become a pa1·ty to the International Geodetic from Alabama [Mr. HERBERTJ has expressed some interest in this Association: Therefore, bureau. I was very much surprised the other day at his remarks and Resolr:ed by Ute Senate a111l. House of Rep1·esentatir:es of the United States of .Ame1·­ ica i n Conm·ess assembled, That the President be. and he is hereby, requested and his ·dews upon all these scientific bureaus of the Government, and to­ authorized to accep~ said invitation, aod that he is hereby authorized and re­ day it gives me pleasure to find nim speaking in favor of this resolu­ quested to appoint a delegate, who shall be an officer of the United States tion. I favor this resolution. I favor the work done in all the scien­ Geodetic and Ooast Survey, to attend the next meeting of said International Geodetic .Association, but no extra salary ~r additional compensation shall be tific bureaus of the Govemment, and am always ready and willing to paid to such by reason of such attendance. >ote them appropriations, because I believe those appropriations are :Mr. COTHRAN. I ask the previous question on the adoption of the being expended by gentlemen of great culture, great intelligence, and resolution. great integrity, and not one dollar is lost to the advancement of this Mr. :McMILLIN. Does the f.!:entleman object to having the report Government with all the countries of the world in scientific research. read? I only desire to congratulate the country that the gentleman from Ala­ :M:r. COTHRAN. Not at alL bama [Mr. HERBERT] has seen fit to approve of some one thing in con­ The report (by Mr. COTHRAN, without the accompanying papers) nection with these scientific bureaus. was read, as follows: Mr. HERBERT. I accept the gentleman's compliment with all [To accompany II. Res. 181.] the more humility because I think I may not have deserved it. I am On the 20th of February, 1888, the President of the United States transmitted opposed to the Government expending so much money as it does upon to Congress a report from the Secretary of State, relative to an invitation from the Imperial German Government to the Government of the United States to science. .I believe the best thing the Government co~ld possibly do become a party to the International Geodetic Association. would be to abolish this geodetic work; but since we do not abolish it, The object of the association is, by application of t}le highest order of skill we ought to do it well; and there can be no possible harm, as this in the use of scientific means, to determine as nearly as possible the exact meas­ urement of the earth. bureau exists and is to exist, in having some member of it confer with Apart from the matter of abstract science which the association seeks to pro­ the members of other associations abroad to harmonize thia work. mote, it is believed that the practical advantage to be derived from the ascer­ :Mr. O'NEILL, of Pennsylvania. I have always esteemed the gen­ tainment and determination of the location of national, State, and Territorial boundaries, our extensive coast line and the safest approaches thereto, by the tleman from Alabama highly as a gentleman of culture and education, most scientific and satisfactory means, thereby settling disputed questions of and at the same time I must say that I think it comes with very poor boundary, and effectually avoiding such in the future, as well ns diminishing grace for one who has been educated as he has to express sentiments in great degree the perils of navigation, should induce this Government to take part in an association the invitation to which has dpubtless been induced not against the interests of such of these Departments of the Government only on account of its importance among t.he civilized g-overnments of the world, as are bringing our country to the front in the progress of science and but also h:r the excellence of its own work in this important field of scientific making us felt everywhere throughout the civilized world. investigat10n. 'I'hese reasons might be extended, but the committee deem it unnecessary to I am very much inclined to take back what I have said; butlthink do so. · so much of the gentleman, individually, that I think I will let it stand. Heartily concurring in the views presented by the honorable the Secretaries [Laughter and applause.] of State. 1\Ir. Bayard, and of the Treasury, 1\Ir. Fairchild, and by Mr. F. M. Thorn, the efficient Superintendent of the United StatesCoastnnd GeodeticSur­ Mr. COTHRAN. I demand the previous question. Tey, set forth in the report of the President of the United States, submitted here­ Ur. WHITE, of New York. I hope the gentleman will withdraw with, the committee submit the accompanying joint resolution, to carry out the the demand, so that I may be permitted to make a statement. purposes set forth in this report, and recommend that the same do pass. Mr. COTHRAN. I will withdraw the demand until I bear the re­ Mr. WHITE, of New York. I wish to make this inquiry of the quest of the gentleman from New York. gentleman from South Carolina having this resolution in charge: whether Mr. WHITE, of New York. I believe that there has been a. state­ under the usa.ges of the Government the actual e~penses of the commis­ ment generically made, but not specifically, that there is some exist­ siouerappointed would be paid? I find thatthisprovidesfortheappoint­ ing law under which the expenses of the delegate would be paid. Now, ment of a member of the Geodetic Survey, but does not provide addi­ there can be no question but that they should be paid, and I ask unani­ tional compen.sation. Now, if he travels long distances, unless the mous consent to offer an amendment. matter of his expense for such travel is provided for in the regulations Mr. 1\IcMILLIN. Probably, you had better let it go as it is. The of the Department, or by existing law, there ought to be some provis­ making of additional appropriations for that bureau and magnifying ion embodied in this resolution to reimburse him. its importance would be resisted; and it should be. Mr. COTHRAN. The resolution carries no appropriation. 1\Ir. WHITE, of New York. The amendment I desire to offer is to Mr. WHITE, of New York. I understand that; but does it provide add to the resolution, after the words "no extra salary or additional for the payment of his traveling expenses? compensation shaH be paid by reason of such attendance," the words Mr. HERBERT. I understand it does. "except the actual expenses of the delegate necessarily incurred in at­ l\Ir. COTHRAN. Certainly they ought to be paid. tending said meeting of said association, to be audited and paid by the Mr. HERBERT. The gentleman may be very sure that it does proper officer of the Treasury Department.'' provide for it. It would not have come in without some such provis­ Mr. HERBERT. Will the gentleman allow me to interrupt him in ion. order that I may make an explanation? I desire to say that the gen­ Mr. BLOUNT. This only involves, as I understand it, the appoint­ tleman may be yery certain that the general law authorizes the payment ment of a 'delegate? of the expenses of the delegates in this case. All legislation of this kind bfr. COTHRAN. That is all. originates and necessarily must originate in these scientific bureaus; Mr. BLOUNT. It does not invol>e anything in the matter of sur- and when this bill was introduced, as a. matter of course, if not pre­ veys, or expenditures for that purpose? . pared, it was at least suggested by some one connected with that bu­ Mr. COTHRAN. No; only the acceptance of the invitation. reau who had examined that matter. The gentleman may lay it down Mr. BLOUNT. And our surveys are to be carried on independent as a matter of fact that any bureau of this Government having a bill of this resolution? introduced for such a purpose as this would get into it a provision to Mr. COTHRAN. They a.re. pay expenses if such should be necessary. I know very well that the Mr. McMILLIN. Does the gentleman know what expenditure is representative to the Geographical Congress some years ago had his ex­ involved? penses paid, and of course it is contemplated to pay the expenses of Mr. COTHRAN. It involves no other expense than the acceptance this delegate. of the invitation, and I presume the traveling expenses of the dele­ Mr. WHITE, of New York. There is no objection to the amend­ gate. ment. Mr. McMILLIN. What nations are now members of this associa­ The SPEAKER. The gentleman from South Carolina [Mr. COTH­ tion? RAN] has not withdrawn the demand fo\ the previous question. Does Mr. COTHRAN. All of the European nations; but this invitation he demand the previous question? comes specially from the German Government. Mr. COTHRAN. I do, bir. Speaker. Mr. HERBERT. I understand the purpose of this resolution is to The previous question was ordered, and under the operation thereof authorize a representative of the Geodetic Survey to attend the in­ the resolution was ordered to be engrossed and read a third time; and ternational geodetic congress, and it seems to me, that if we are going being engrossed, it was accordingly read the third time, and passed. on with this geodetic work it would be very well to allow one of the Mr. COTHRAN moved to reconsider the vote by which· the joint members of the survey to attend, the purpose being in that world's resolution was passed; and also moved that the motion to rEconsider congress to as far as. possible harmonize the work of geodesy, which be laid on the table. aims to ascertai~ the shape of the earth. While I have opposed on The latter motion was agreed to. 1888. CONGRESSIONAL RECORD-HOUSE. 8937

UNITED STATES AND :MEXICAN BOUNDARY. deposit of alluvium, and not by the abandonment of an existing river­ Mr. HITT. I am instructed by the Committee on Foreign Affairs bed and the opening of a new one. to call up for consideration the joint resolution (H. Res. 112) request­ Any other change wrought by the force of the current, whether by ing the President of the United States to negotiate with the Govern­ the cutting of a new bed or when there is more than one channel by ment of Mexico for the creation of an international commission to de­ the deepening of another channel than that which marked the boundary termine, according to the rules of the Washington convention of' No­ at the time of the survey made under the treaty, shall produce no change vemb~ 12, 1884, all questions touching the boundary line between the in the dividing line as fixed by the surveys of the international bound­ United States·and Mexico where it follows the bed of the Rio-Grande ary commission in 1852; but the line then fixed shall continue to fol~ow and Colorado Rivers. 1 the middle of its original channel bed, even though this should "be- The joint resolution was read, as follows: come wholly dry or be obstructed by deposits." - Other rules declared that artificial change of channel should not af-, Resolved, etc., That the President be, and he is hereby, a.utllorized to negotiate with the Government of Mexico for the creation of an international commis­ feet tbe line, nor should rights of property be disturbed bythe channel sion to determine, according to the r..tes laid down in the convention between changes above described. the two countries, signed at Washington on the 12th day of November, 1884, all Mr. ADAMS. Will my colleague tell me whether, according to the • questioris touching the boundary line between the United States and Mexico where it follows the bed of the Rio Grande and the Colorndo Rivers. rnles laid down by that convention, the boundary line is to be fixed, or is to be hereafter a vibrating line varying with the variations in the Mr. HITT. Mr. Speaker, this joint resolution is to authorize and channel? Is it to be marked out with reference to what the channel request the President to negotiate with Mexico for the appointment of was or is at one particular time, or is it to follow the subsequent an international commission which shall deterQline all uncertainty and changes in the channel? _ all questions in regard to our boundary where it follows the Rio Grande Mr. HITT. The rules which I havejuststated declare that tho di­ and Colorado Rivers. This is to be done in accordance with the rules viding line shall forever be that which is described in the tres.e a subject accretion on one side abd erosion on the other. Sometimes the stream as a boundary even though it be changed ever so little. will suddenly cut a new channel, abandoning the old ones altogether, This convention of 1884 provided no means for applying the rules I and in a single day, by a cut-off, a tract or ' 'banco'' of a hundred acres have mentioned to given cases. ~t declared that the boundary as will be found to be on the other side of the 1·iver. fixed in 1852 should continue in the middle of the old bed, even when These causes have produced uncertainty as to the boundary, and it becomes dry. But who is to determine where is the middle of the this encourages smu!!gling, which is always carried on more or less on old bed? When there are two or three old beds how is it to be decided~ the border. When a man smuggles from a banco it is almost impossi­ which was abandoned by the river before 1852, and which since? ble to catch and con viet him. No surveys are made nor official records These bancos with their tincertain boundaries afford retreats for smug­ kept of the time and place of cut-off changes, and no one ~•n tell with glers, thieves, kidnappers, murderers, and every class of criminals, as ·accuracy the extent of the cut-off. The bed of the old channel is the well as bases of supplies from which to carry on tbeir operations free boundary, though it may be long since dry. There are sometimes two from interference by eit.her Government. Liquors, tobacco, and all or three old beds, and it is hard to tell where is the middle of the old kinds of dutiable merchandise are taken there and smuggled into the bed contemplated by the treaty. At the last term of the United States United States as opportunity offers. The collector at Brownsville district court at Brownsville, the most noted smuggling case was lost says: by the Government for want of that accurate knowledge that would The two inspectors at Santa. Maria lately had positi\·e information oflOO gal­ satisfY the court. Some bancos increase by deposit; some wear away lons of mescal in the Balsa banco ready to be brought over. They watched till they are entirely swept off. day and night for it, but could not catch it. · 'Vhile they were on one side the Questions of ownenbip and of jurisdiction arose long ago under the liquor went out on the other, and was consumed at some b ig Christmas'' bailes" (dances) about 15 miles in the country. Thnt is one instance of smuggling treaty of Guadalupe Hidalgo. _ known to the officers, who could not prevent it. I could give you a huudred. In 1856 Attorney-General_ Cushing discussed the subject with his If these nests could be broken up, smuggling would he greatly reduced. I characteristic rearnin~ and ability in an opinion dated November 11, think the only way to do it is to make a new treaty, d efining the boundary be­ which rests upon and reasserts the long-established principle of Roman tween Mexico and the United States. law. The Secretary of the Treasury, upon being consulted by the Secre­ Says Mr. Cushing: tary of State on the question, replied: When a river is the line of arcifinious boundary between two nations, its nat­ In "View of the difficulties constantly experienced in enforcing the revenue ural channel so continues notwithstanding any changes of its course by accre­ laws on the Mexiean frontier, owing in o. great measure to the present uncer­ tion or decretion of either bank; but if the course be changed abruptly int9 tainty as to the boundary line between the two countries, I concur in your sug­ a new bed-'by irruption or avulsion, then the [deserted) river-bed beco.ihes the gestion for the appointment of an international river commission to apply the boundary. rule prescribed by the boundary convention of November 12,1884. In order to remove all doubt f1·om this subject, Secretary Freling­ Our committee has carefully considered this subject and approve the huysen signed a convention with Sefior Romero, minister nf Mexico, resolution. November 12, 1884, in which was laid down a body of rules w hieh are I think it is manifest, Mr. Speaker, in view of the collection of the in accordance with the doctrine of the civil law for determining ques­ revenue, the prevention of crime, the maintenance of good order on the tions concerning the dividing line, the middle of the channel of the frontier, and the preservation of international harmony, that these · Rio Grande and Rio Colorado- boundary questions should be settled by a commis:don as soon as pos- - to avoid difficulties which may arise through the changes of channel to which sible. those rivers are subject through the operation of natural forces. Mr. LANHAM. I ask the ~ntleman from Illinois [Mr. HITT] to But no method was there prescribed for applying the rules and the yield to me for a moment. ..,.. commisston proposed in t,his joint resolution is simply designed to pro­ Mr. HITT. Certainly, I will yield to the gent1eman. vide for the application of the rules laid down in the convention of Mr. LANHAM. So far as.I have been able to examin.ethejointres­ 1884, by which the bounllary lines between Mexico and this country olution which the gentleman from Illinois has called up for consider­ can be determined and be made practically fixed, known, and useful ation, it meets my approval, and I think it necessary that something in the administration of the law. I can not state what, if any, ex­ should be done in the line contemplated by it. There is, 4owever, penditure will be incurred by the passage of the resolution. another question, which is to some extent kindred to it, and is of very Mr. BLOUNT. May I ask the gentleman what is the rule laid down great importance to the border along the Mexican frontier, and I would in the convention? like, with the permission of the gentleman, to enlarge the scope of the Mr. IIITT. The rules are based on the principles of the old civil resolution by an amendment authorizing the President to negotiate also Jaw. The first two rules laid down were: The dividing line shall for­ with the Governcent of Mexico for the abolition of what is known as ever be that described in the treaty and follow the center qf the nor­ the Zona Libre, or Free Zone. mal channel of the rivers named, notwithstanding any alterations in Mr. HITT. I must say to the gentleman that the question which the banks or in the course of those rivers, provided that such alterations he proposes is a very grave and important one, and I am not author.;. be effected by natural causes through the slow and gradual erosion and ized by the committee to accept such an amendment.

~. CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 25,

M1·. LANHAM. Then I will ask to have the amendment read for is paid either to the Americnn or Mexica n Governments. Said act creates a ren­ dezvous where merchants from foreign countries can land their free goods, take information. their t-ime and opportunity to smuggle or sell them to those who will smuggle The Clerk read as follows: them into the United States. And the President is a lso authorized to negot.iate with the Government of A glance at our tariff lbt will at once prove the great incenth·e to do this, and Mexico for lhe abolition of the Zona. Libre. that American merchants in the Americnn towns can not pursue a legitimate business with success in competition with those in the Free Zone. Mr. LANHAM. I desire to offer this amendment; and I would like, Referring more particularly to the free port of Paso del Norte, Mexico, di­ with the permission of the gentleman from lllinois [Mr. HITT], to sub­ rectly opposite El Paso, Tex., we call attention to the ample opportunity and great ease with which a.n extensive smuggling business can be carried on, for mit a few remarks upon it. the reason that all classes of individuals can go there in the· street-(·ars and in Mr. HITT. I must can the previous question. I can not yield for other conveyances, or on foot, day or night, purchase any article of wearing­ the amendment, as it relates to an entirely different question from that apparel, and wear it over to the American side. As well also cnn merchandise upon which the greatest duty is imposed be cn.rried over by men, pack-animals invol \· ed in this resolution. and other conveyances at various places up and. down the river. The Rio Mr. O'NEILL, of Missouri. That Zon:l. Libre is a mere custom­ Grande River is fordable the greater part of the time, and there a1·e also bridges "house regulation. and boats in ample supply when the river is not fo1·dable. Now that railways arc operating to • 1d from all the cities of the United M:r. LANHAM. Oh, no; it means a great deal more than that. States, an extensive amount of smuggling cnn and will be carried on, and these Mr. O'NEILL, of MissourL Mexico establishes the Zona Libre some free goods will find t heir way throughout our country. distance back from the Rio Gmnde, where it is thought more com·en­ Merchants from Vera C1·uz and other foreign cities arc now opening large stocks of foreign merchandise in convcrnent places in Pa o del Norte for the ient to have her custom-houses than right along the bank of the river. purpose of supplying the A"IUerican trade. They m·e advertising their ad·mnt­ Mr. LANHAM. The gentleman does not, I think, fully understand ages in our papers, and are pushing their wares into our country. This fact is the question. fast demoralizing our trade and depx·eciating our property values. Even with numerous gdards. which would entail largely increased expense I hope the gentleman from Illinois will allow me to have read in this to the Government, we do not believe this pernicious practice could be com­ connection two brief statements setting forth the importance and ne­ pletely and effec!.ually suppressed, soJong as the free zone exists. cessity of the abolition of this Free Zone. All other points in 1\Iexico along this free border, wbm·e there are milway fRcilities, nre fast becoming harbors for smugglers, and every day's delay works Mr. HITT. I do not feel justified in delaying our business during a. loss to the commerce of our country and revenues to the Government. this hour. No doubt the gentleman can obtain consent to publish in The reasons assigned for this act are admitted by the Mexican people to be the RECORD the statement-s to which be refers. that it will huild up their border towns and check. the growth of lhe American towns; that H ·will increase their population along the border a.nd decrease our Mr. LANHAM. Then, with the permission of the House, I will population, thereby strengthening their border and weakening om·s. _ say a iew words in explanation of the statements, which I will ask to Therefore, it c:m not be possible for the merchants on the American side, as have printed in the RECOlill. we:l as the jobbers and manufacturers in our large cities, to compete for the growing h-ade of :Mexico as against the jobbers and manufacturers of Europe. Mr. Speaker, my reasons for offering this amendment are such as I This is a vital question to the jobbers and manufacturers of all the cities of the think ought to attract the attention of the House and the efforts of our United States who ha\·e been selling goods to the merchants in the American Government in behalf of the people who live along the Mexican bor­ towns on the border, and to the merchants and others in Me::dco, because the free goods in the free towns of Mexico, ereatecl by the Free Zone act, will prove der. It is the duty of the Government to employ all legitimate agen­ an effectual barrier between them and the trade of 1\Iexico. cies in behalf of its citiz·ens in every part of the country, as well as to Each day this matter is a.ss.uming greater proportions, and the longer it exists_ take all necessary steps to prevent any fraudulent practices which may the greater the difficulty in over comiug it. Paso del Norte is made the principal point for carrying on this business, be­ exist in avoiding the just. collection of its revenues~ Quoting frollJ. cause the many railways centering at El Paso, Tex., fu.rnish quick and ready Senate Executive Document No. 130, first session Fiftieth Congress, I t.r:msportation to all portions of the United States. · give the following definitions of the Zona Libre: The question, as we view it, is whether this act of the 1\lexican Government; i~ a violat.ion, implied or otherwise, of the existing treaty. If so, we ask our The Zona Libre is a narrow belt extending along the frontier from the Gulf authorities to demand its suppression. If not, is it an act of injustice and un­ of Mexko to Tijuana. The principal ports of first entry in it are Matamoros, friendliness by which our general interests are damaged sufficiently to seek at Mier, Laredo, Piegras Negras, Paso del Nort-e, and Nogales. The estimated­ an early day a treaty of reciprocity which would effect its discontinuance and popuh tion is about 100,000. prove' of mutual benefit to both countries? By no other means will our manu­ * * i.,· * . facturers and merchants be able to secure the large and increasing trade of ~ The Free Zone shall extend fr·om ])fnt.amoros to Tijuana, along the frontier of Mexico. Failing in this, there is no other way for our Government to suppress the Republic in the States of Tnmaulipas, Coahuila, Chihuahua, Sonora, Rnd it except to create a like free territory on the American border, to be continued the 'l'ciTitory of Lower Califorrna, with respect to length; and as to width, unt.il such time as the Mexican Government abandon this unjust and unfriendly 20kilomete1·s into the interio1· ft·om the frontier line. · act towards the general commercial interests of the United States. Fwm the beginning of my service in this House, representing as I do Not to trespass further upon the time of the House, I would refer a district a large portion of which is bounded by the Rio Grande River, gentlemen who may feel an interest in the su~ject to the executive I ha\e had occasion to gi\e consideration to this subject and to corre­ dccument before mentioned, where much valuable and pertinent in­ spond and confer with the Secretary of State upon the matter. The ex­ formation can be obtained. I earnestly hope the Government will istence ofthisFreeZone, into which goods and merchandise are imported adopt some methods which will result in a. solution of these troubles. free of duty, has been a con taut source of complaint by my constitu­ 1\ir. HITT. I now insist upon the demand for the previous ques­ ents who reside upon the border. In 1884: I received the following pro­ tion. test from numerous and representative citizens of El Paso, Tex.: The previous question was ordered, and under the operation thereof EL PASO, TEX., .AprillO, 1884. the joint resolution J'""US ordered to be engrossed and read a third time; Whereas the recent extension of the Zona Libre, or Free Zone, along the ancl being engrossed, it was accordingly read the third time, and passed. northern frontier of Mexieo, extending as far west a.s Nogales, Ariz.. opens Paso del Norte, Mexico, immediately opposite El Paso, Tex., to the ft•ee importation l\IT. IDTT moved to reconsider the vote by which the joint resolu­ of all classes of merchandise, unrestricted commerce, and greatly increased op­ tion was passed; and also moved that the motion to reconsider be laid portunities for smuggling, and the utter demor:\lization of legitimate business; on the table. and whereas .Americah merchants and industries will be brought into sharp and unequ1tl competition with foreign merchants and indust ries wholly unpro­ The latter motion was agreed to. tected· and whereas values will be decrea1::ed a.r.d business paralyzed on the ORDER OF BUSI~ESS. Ameri~ side of the river, while ou the Mexican side there will be a corre­ sponding increase in business and values, the stimulation of unlawful com­ Ur. HITT. I now call up for consideration Senate joint resolution merce, and an organized and extensive syste~ of sn;lll.l!.'gling far i';lto ~he inte­ No. ·59. rior of the United States on account of the va.nous rml ways extendmg m every direction from El Paso, Tex., and into Mexico, by reason of the many and great The SPEAKER (after examining the resolution). This resolution obstacles presented by the Rio Grande River being done·away with, and be­ is on the Private Calendar, and does not come within the class of bus­ lievin.,. as we do, that such a state of things on the frontier will not only be· iness which a committee may call up during this hour. If the Com­ prejudi~ial to our own interests, but to the interests of the country at large, and that it is of vital importance that the extension and establishment of the "Fl·ee mittee on Foreign Affairs has no further business t o present, the call Zone" be overthrown if possible: will proeeed. Therefore we earnestly }Jrot~st as citizens of the United States against the NAVAL ACADEMY COURSE. destruction ~four property and commercial interests by the Mexican Govern­ ment·, and believing it is in- violation of the late reciprocity tre..'1ty, we v ery Mr. HERBERT (when the Committee on Naval Aflitirs was called). respect.fully and earnestly ask our Senators and Representath·es in Congress to I call up for consideration the bill (H. R. 9674) to regulate the course use their utmost efforts w ith the proper authorities of the United States to ar­ at the Naval Academy. rest this unfriendly and unwise scheme ~e l\Iexican Government; and, fail­ ing in this, that they ask for the immedia~establishmentof a" Free Zone" on The bill was read, as follows: our own borders to the same extent as that established by ~Icxico . 'Ve also · Be it enac!ed., etc., That the Academic Board of the Naval Academy shall on or earnestly beg that such laws as are necessary to put in full force the late reci­ before the 30th day of September in each year separate the first class of naval procity treaty with Mexico be enacted by Congress at an early day. cadets into two divisio~;s, as they may have shown special aptitude for the du­ ties of the respective corps, in the proportion which the a~gregate nwnber of At a later date I received and presented to the House and had re­ vacancies occurdng in the preceding fiscal year ending on tne 30th dny of June feued t.o the Committee on Ways and Ueans the following petition, in the lowest grades of commissioned officers of the line of the Navy and Ma­ signed oy many leading merchants and business men of El Paso, w bich rine Corps of the Navy shall bear to the number of vacancies to be supplied distinctly sets forth theil' grievances, and, seems to me, shows such from the Academy occurring during the same period in the lowest grade of it commissioned officers of the Engineer Corps of the Navy; and the cadets so a condition of affairs as to emphasize the necessity for making this sub­ assigned to the line and 1\Iarine Corps division of the first class shall thereafter ject a matter of international negotiation: pm·sue a. course of study arranged to fit them for s ervice in the line of the Navy, and the cadets so assigned to the Engineer Corps division of the first class shall To the Senate and House of RepTcscntativu of the United States: thereafter pursue a Separate course of study arra nged to fit them for service in We, the undersigned citizen tax-payers of the United States, herewith most the Engineer Corps of the Navy, and the cadets shall thereaf ter, and until respec tfully and urgently represent that the recent extension of the Free Zone final graduation, take rank by merit with those in the same division, accord­ by tbe Mexican Government along the northern frontier of l\Iexico. open'!:! all ing to the merit marks; and from the final graduates of the line and Marine the Mexican towns ::Uong said border to the importation, through the United Corps divisions appointments shall be IIL.'l.de hereafter as it ehall be necessary St-ates, of all classes of merchandLe from foreign countries upon which no duty to fill vacancies in the lowest grades of commissioned officer.s of the line of t.htt 1888. CONGRESSIONAL RECORD-HOUSE. 8939

N~"-r and 1\I:uine Corps; an~ the vacancies in tho lowest. grades .of ~he com- I Na/nl Academy at fourteen he can not in many instances o-rn.sp or miSslOned officers of the Engmeer Corps of the Navy shall be filled 1n hke man- d .,. d l h h ' · · ' . ' "' . ner by appointments from the final graduat-es of the Engineer division: Pro- un .er:stan exact Y w at e IS prepanng himse]f_for; wherea,s, 1f the vided, T~t no greater number of appointments into the said lowest grades of penod of entrance be ad vancetl a few years, instead of entering at four­ comm~siOne~ officers shall be made ~ach year than sball equal ~he number of teen he enters at eighteen years of age as a maximum I believe we will vacanCies which shall have occurred In the same grades durmg the fiscal year th b h b 1 f ffi ' then current; such appointments to be made from the final grnduates of the .ere Y ave a etter c ass o o cers; and when they do graduate they year, in the order.ofmerit. as determined by the A.cademic Bo. rd of the Naval Will be men themsel>es and fitted to command men. I hcpe, there­ Academy, tbe. ass1g:nment to be ~de by the Secretary idedfor an increase in the number of cadets. The committee was m that duectwn, much less to change the age of entrance to the extent opposed to that, and did not report in favor of it. The original bill of three years. . provided also for shortening the course at the Academy. The commit- Mr. BLOU~T. What ar~ the reasons on the pD.rt of the Committee tee W::tS opposed to that, and did not report in favor of it. Thi., bill on Naval .Aifuus for that actiOn? . p~oyides simply that at the end of the third year the course shall be Mr. HERBER':£'. In the first place, the Stl. I?eTiut~dent of_tbe ~aval divided; and that a proper proportion of the class., those who are to Academy, Captam S~mpson, who bus exammed tue quest10n w1th a be engineers will after that time take a special, while the others pursue great deal of ca.re, thmks that those who have entered at say fifteen the usual course. That is all there is in the bill. years of age have made a better record than those who h::~.ve entered at Mr. BLOUNT. Is this recommended by the Navy Department? an ohler a!7e. While he would fa':'or ma~ng a change in th~ ~ge he 1\Ir. HERBERT. It is recommended by the Academic Board, by the would not :favor such a cimnge as this; that IS, from fourteen to suteen Secretary of the Navy, and unanimously by the Committee on Navalj years. Affairs. Ur. 0' NEILL, of Pennsy l van in. I will make it from sixteen to :Mr. MILLIKEN. Does the bill allow the student to ehoo e whether twenty, but my amendment is intended more in reference to the age of he will take one course or the other? entrance at the Naval Academy; that is, not to leave it where it now is Mr. HERBERT. That is left to the decision of the board; but the at fourt-een, but advance it to sixteen. board will, while consulting :fitness, of course regard also, as far as may Mr. H_E_RBERT. I have the ~oor . .... be, the wishes of the cadet. . 1\Ir. O·NEILL, of Pennsylvama. I though~.~ you asked me a quel'I- Mr. O'NEILL, of Pennsylvania. I wish to offer an amendment to bon. come in at the end of the first section. l~Ir. HERBERT. No, I do not. The Committee on Naval Affairs :M:r. HERBERT. I will state to the gentleman that if he insists on ha\e. not had an ?our <;in ring this session of Congn:ss, a?d the~e are sev- the amendment it will defe.at the bill. eral1mportant bills still to be called up, and the hme 1s passrng f\way.. Mr. McMILLIN. Betore the amendment is read I ·wis!I to ask my Mr. _0~ N~ILL, cn- bill. teen years and the maximum twenty-two years. The question recurred on the amendment of Mr. O'NEILL, of Penn- I propose by this amendment a minimum of sixteen and a maxi- sylvania. mum of twenty-one ;years of a_ge. I think it is better in all respects The llouse divided; and there were-ayes 36, noes 7. when a youth graduates from the Naval Academy he should be in aae So the amendment was agreed to. more of a man than when ~nteringat fourteen and graduating at eight- The bill as amended was ordered to be engrossed and read a third een. J nst as at West Pomt, a youth grows np and develops himself time; and being engrossed, it was accordingly read the third time, and physically, but he does not enter the Army before he is twenty-two years passed. of age, and then he is a man fitted to command men. So those grad­ SAVIKGS OF- SEA.l\IE.:r. uating from the Naval Academy when entering the naval service should JI.Ir. HERBERT. I now call up for considemtion the bill (H. R. be fitted to command men, which they are much more likely to do at 4351) to provide for the deposit of the savings of seamen of the United twenty-one years of age than they are at eighteen year~. Entering the States Navy. 8940 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 25,

The bill was read, as follows: The bill was read, as ollows: Be it enacled,etc., That any enlisted man or appointed petty officer of the Navy Be it enacted, etc., That in order to encourage the en I istmen t, of boys as appren­ mav deposit his savings, in sums not less than $5, with the paymaster upon tices in the United States Navy, the Secretary of the Navy is hereby authorized whose books his account is borne; and he shall be furnished with a deposit­ to furnish as a. bounty to each of said apprentices after his enlistment, and book in which the said p aymaste1· shall note, over his signature, the amount, when first received on board of a training-ship, an outfit of clothing not to ex­ date 'and place of such deposit. The money so deposited shall be accounted ceed in value the sum of $45. fori~ the same manner as other public funds, and shall pass to ~he credit of the appropriation for "pay for the Navy," and shall not be subject to forfeiture by M:r. HERBERT. This bill also involves an appropriation. As gen­ sentence of court-martial, but shall be forfeited by desertion, and shall not be tlemen know, we now have a system of training boys to make sailors permitted to be paid until ~nal payment on dischar~e, or to the heirs ot; rep~e­ of them, and they are taken at from fourteen to seventeen years of age. sentatives of a deceased sailor, and that such deposit be exempt Irom liability for such sailor's debts : Pmvided, That the Government shall be liable for the At the present time the Government furnishes them with their rations amount deposited to the person so depositing the same. and pays them also a small amount at the time of enlistment, which SEc. 2. That for any sums not less than $5 so deposited for the period of six increases as they progress. The suit of clothes that is provided for the months or longer, the sailor, on his final discharge, shall be paid interest at the rate of 4 per cent. per annum. boy at enlistment is charged up against him and deducted from these SKc. 3. That the system of deposits herein established shall be carried into wages. The full equipment, including his clothes, blankets, etc., costs execution under such regulations as may be established by the Secretary of the from $35 to $45, ~hich amount, being charged against the meager wages Nnvy. he Teceives, keeps him in debt for a long time. Mr."HERBERT. Unless some gentleman desires an explanation of 1\Ir. HOL~IAN. What compensation do they get? the bill, I shall ask the previous question on its passage. 1\Ir. HERBERT. I am not pre-pared to give the exact amount, but Mr. SOWDEN. What is the purport of the bill? I think the pay commences at $8 a month and runs up to $10 or $12, Mr. HERBERT. It allows sailors to deposit their savings with the ancl some of them become petty officers afterwards, when the pay is paymaster. - · much larger. But the compensation is very small, and they are kept The bill was ordered to be enJ2;:rossed and read a third time; and in debt for a long time. The chief of the Bureau of Equipment and being engrossed, it was accordinJ:~:ly- read the third time, and passed. Recruiting recommended the passage of this measure;· the Secretary Mr. HERBERT moved to reconsider the vote by, which the bill was of the Navy also recommended it, and the committee, after carefully passed; and also moved that the motion to reconsider be laid on the considering it, think it will encourage enlistments, and therefore rec­ table. ommend the passage of the bill. There are usually from three hun­ The latter motion was agreed to. dred to four hundred and fifty or five hundred boys in the training TEUPORARY HOME, DISCHARGED SEAMEN. school. !1r. HERBERT. I now call up the bill (H. R. 4353) to provide a I ask that the bill be laid aside to be reported t{) the House with a temporary home for certain persons discharged from the United States favorable recommendation. Navy, and a-sk leave to consider-this in the House as in Committee of 1\Ir. SOWDEN. What will be the expense in each case? the Whole. 1\Ir. HERBERT. I have stated that the whole equipment of each Mr. SOWDEN. I wish to ask whether this involves an expenditure one costs from $35 to $45, not exceeding that for each boy. of money. The bill was laid aside to be reported to the House with the recom- I :h-Ir. HERBERT. , It necessarily involves a. small expenditure. mendation that it do pass. Mr. SOWDEN. What amount? ' .Mr. HERBERT. I move that the committee do now rise. Mr. HERBERT. Let the bill be read. The motion was agreed to. Mr. SOWDEN. If it makes an appropriation I object. '!'be committee accordingly rose; aml Mr. McMILLIN having taken Mr. HERBERT. But I ask to have it considered in the House as in the chair as Speaker p1·o tempm·e, Mr. BLOUNT repoTted that the Com­ Committee of the Whole. mittee of the Whole on the state of the Union having had under con­ Mr. SOWDEN. If it involves any expenditure of money I object. sideration House bills 4353 and 10652, bad directed hjm to report the Mr. HERBERT. Then I move that the House resolve itself into same to the House with the recommendation that they <•1 pass. Committee of the Whole House on the state of the Union to consider DILLS PASSED. bills from the Committee on Naval Affairs. - Bills of the following titles, reported from the Committee of the Whole The motion was agreed to. , . on the state of the Union without amendment. were severally comidered, The House accordingly resolved itself into Committee ofthe Whole, ordered to be engrossed aud read a thiTd time; and being engrassed, Mr. BLOUNT in the chair. were accordingly read the third time, and passed, n~mely: The 'CHAIRMAN. The House is now in Committee of the Whole A bill (H. H. 433) to provide temporary homes for certain persons for the consideration of bills reported from the Committee on Naval discharged f1·om the United States Navy; and Affairs. A bill (H. R. 10652) to encourage the enlistment of boys as ap'pten­ Mr. HERBERT. I call up the bill H. R. No. ~353, and ask its tices in the United States Navy. present consideration. 1\Ir. HERBERT moved to reconsider the votes by which the bill were The bill was read, as follows: passed; aud also moved that the motion to reconsider be laid on the Be it enacted, etc., That the Secretary of ~be Navy be, and he is hereby, author­ ized t.o-permit any person receiving the honorable disch~rge authorized by ~ec­ table. tion 1429 of the Revised Statutes to elect o. home on board of any of the Umted The latter motion was agreed to. State3 receiving-ships, during any portion of the three months granted by l~w as 1h:'l limit o! time within which to receive the pecuniary benefit of such dLS­ ORDER OF BUSINESS. charge the men so choosing a home to be entitled to one ration per day for their keeping while furnished with such home, but not to pay, other than that au­ Mr. MAISH. Thechairma.noftheCommittee on Military Affairs was thorized by section 1573 of the Revised Statutes of the United States upon re-en­ absent when the Committee on Military Affairs was called, antl I ask listment: P,·ovided, That the persons so furnished with a home shall be ame­ unanimous consent that we go back in the call of committees to the nable to such regulations as may be prescribed by the Secretary of the Navy or Committee on Military Affairs. other competent authority. The SPEAKER The gentleman from Pennsylvania sta~es that the Mr. HERBERT. In further answer to the objection of the gentle­ chairman of the Committee on Military Affairs was necessarily and man from Pennsylvania, I will state that the only expense the bill in­ temporarily absent from the House when that committee was called, volves is this: It provides that a sailor who ha.s been discharged from and he asks that the committee shall not lose its place on the Calendar. the United States Navy and who may now under the law re-enlist Is there objection? The Chair hears none, and it is so ordered. Tho within three months thereafter with continuing pay, instead of being hour for the consideration of bills this morning has expired. driven during that three months to resort to sailors' boarding-houses, Mr. LANHAM. I ask unanimous consent for the consider.ltion of may have the privilege at any time within that period of having his a resolution which I send up to the Clerk's desk. home upon any United States receiving-vessel then in port, and draw­ The SPEAKER. The regular order has been demanded by the gentle- ing one ration per day. man from Texas [Mr. KILGORE], and unless that be withdrawn-­ _The Secretary of the Navy has recommended the bill; the Chief of Mr. LANHAM. I ask that it be withdrawn. the Bureau of Equipment and Recruiting has recommended it, and it Mr. KILGORE. I will withdraw H in the interest of my colleague. is believed that it will have a good effect upon the sailors by keeping l\Ir. NELSON. If it is only withdrawn for that, I object. them from the sailors' boarding-houses. The only possible expense, as The SPEAKER. The regular order is demanded. I have said, will be the rations which will be furnished to the sailor Mr. LA~ HAM. Then I move that the House do now adjourn. during such part of the three months as he may oecupy a home on the The question was put, and the Speaker was in doubt as to the re­ vessel. sult. . Mr. SOWDEN. After hearing the statement of the gentleman from '!'he House divided; and there were-ayes 56, noes 12. 1 Alabama I will withdraw my objection. · So the motion was agreed to; and accordingly (at 1 o'clock and 33 Mr. HERBERT. I move that the bill be laid aside to be reported minutes p. m.) the House adjourned. to the Rouse with the recommendation that it do pass. The motion was agreed to. PRIVATE BILLS INTRODUCED AND REFERRED. APPRENTICES, UNITED STATES NAVY. Under the rule private bills of the following tHles were introduced ! Mr. HERBERT. I now call up for present consideration the bill and referred as indicated below: (H. R. 10652) to encourage the ~nlistment of boys as apprentices in the By Mr. BOUND (by request): A. bill (H. R.11506) granting a pen­ t United States Navy. sion to Charles E. McFarland-to the Committee on Invalid Pensions. 1888. CONGRESSIONAL ·RECORD- SENATE. 8941

By Mr. HAYES: A. bill (H. R. 11507) granting a pension to J. B. of Georgia, and to divide the northern district in sai? State into two, Crawford-to the Committee on Invalid Pensions. to be known as the western and eastern divisions of said district, and By Mr. MILLIKEN: A. bill (H. R. 11508} granting a pension to for other pmposes, reported it with an amendment. Elijah West-to the Committee on Invalid Pensions. ~ONNECTICUT AND RHODE ISLAND BOUNDARY. By Mr. TOWNSHEND: A bill (H. R. 11509) granting a pension to Clinton Allen-to the Committee on Invalid Pensions. Mr. EDMUNDS. I am instructed bytheCommitteeontheJudiciary to report favorably, without amendment, the bill (S. 3098) concerning the settlement of the boundary lines between Connecticutand Hhode Island.. PETITIONS, ETC. I should like to have the bill now considered, if there is no objection. The following petitions and papers were lain on the Clerk's de..~k, In a.sking unanimous consent to consider the bill now, I have only to under the rule, and referred as follows: . say that it is against my usual course, but this is a mere constitutional By Mr. J. M. ALLEN: · Petition of Mrs. 1\!. S. Kennon and Irby ceremony. The two States agreed upon a new demarkation of the line Bonsall, heirs of John H. Irby, for reference of their claim to the Court between them, their commissioners have laid it out, and their respect­ of Claims- to the Committee on War Claims. . ive Legislatures have affirmed it, but to be valid under the Constitu­ By Mr. DORSEY: Petition of citizens of Nebraska, for the adoption tion it requires the assent of Congress. I therefore venture to ask that of the metric system-to ·the Committee on Coinage, .Weig1its, and the bill may be now considered. · :Mea.nues. By unanimous consent, the Senate, as in Committee of the Whole, By Mr. DUNHAM: Petition of Richard D. Townsend and 56 others, proceeded to consider the bilL citizens of Cook County, Illinois, for amendmenl:.s to the interstate-com- T.Ue bill was reported to the Senat-e without amendment, ordered ·to merce law- to the Committ-ee on Commerce. be engrossed for a third reading, read the third time, and passed. By Mr. MILLIKEN: Petition for a pension for Elijah West-to the The preamble was agreed to. Committee on In,valid Pensions...... FLORIDA PUBLIC LAND INVESTIGATION. . . By Mr. J. J. 0 NEILL: Ap~tttion, num~rouslysigned by Umon~ol- Mr. DOLPH. By·direction of the Committee on PublicLand'Si re- chers of the late war, reprcsentrng that dunng the war of the rebellion t b k .. t· f th S t d th 18th f A illast th ·G m t th 1 Co es~· 1 t t t u1 por ac" a ~eso1 n 1on o e ena e passe on e o pr , e overn e~ ' r 0 u~ 1 ngr ~~ 0 na enac men s, mos so 1om Y directing the Committee on Public Lands or a subcommittee thereof to agreed to deal Justly w1th those who became the defenders of the na- . t' t tb f: t.s · th d ·n 1 and fraudulent tion; that equal and exact justir.e demands that every soldier who is l mves Iga. e e a~ con~rnmg e a 11 ege .1 eg:1 . entitled to a pension for wounds received or disease contracted in the conveyance of public la~ds ~n tl}e State of .Flonda. Th~ comm1tteedo · · . f · · not recommend any legiSlatiOn. The report may be prmted. hue of duty should receive such pensiOn from the da~e o h1s~charge; Th PRESIDENT t r Th r ort will be rinted and the that by tbe repeal of the arrearage clause of the pemilon law as m force . e. pro empo e. e ep P prior to July 1, 1880, an injustice was done to those who had incurred Iesoluhon placed on the Calendar. · wounds or disease in the service-an injustice uncomplainingly sub- CO:liMISSION TO PHILIP c. JOHNSO~. mitted to at tho time, being regarded as a temporary measure adopted 1\fr. CHANDLER. I report from the Committee on Naval .Affairs to enable the Government to maintain specie payments; that the ne- favorably, without amendment, the bill (S. 3011) to provide for the cessity for continuing this injustice has long since ceased; that in view issue of the commission of Philip C. Johnson as a rear-admiral in the of the affiuent condition of the national Treasury the solemn contract- United States Navy, for which I ask present consideration. obligation of the Government to those who bore arms under the national The PRESIDENT p1·o tempore. The Senator from New Hampshire flag should now be promptly fulfilled by a re-enactment of the arrears asks that the bill may be now considered. law which was in force prior to July 1, 1880-to the Committee on M:r. COCKRELL, Let it be read for information. Invalid Pensions. . The PRESIDENT pro tempore. It will be read for information, sub- By Mr. PEEL: Memorial of Choctaw Nation, to grant the right of I ject to objection. · waY: to the ~hoctaw Coal and Railway Company-to the Committee on The Secretary read the bill, as follows: _ · Indian AffairS. · Whereas Philip C. Johnson, after a long,faithfu1, and creditable service in the By Mr. W.ASHINGTON: Petition of heirs of Thomas Gale and of I United ~tates Navy, became entitled~ pro~otion t~ the grad~ o.f rear-admiral heirs of Alexander Carper, of Davidson County, Tennessee, for refer- ' on the 25th day of January, 18e7, but dted wtthout bemg commissioned: There· ence of their claims to the Court of Claims-to the Committee on War I fo~~ it enactecl, etc., That the Preside~t be, and he is herel:>y, authorized and.di­ Claims. rected to issue the commission of Philip C. Johnson as a. rear-admiral in the United States Navy, to be dated January 25, 1887, and to deliver the same to t.he widow of said Philip C. Johnson. Mr. EDMUNDS. Was this gentleman eYer nominated by the Pres­ SEN.ATE . ident to theSena~e and confirmed? WE.DNESD.A. Y, September 26, 1888. 1\Ir. CHANDLER. He was not. Mr. EDMUND&.- Then how can we create an office and fill it by Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. law? Of course it is a mere form, but we can not make a man a rear­ The Journal of yesterday's proceedings was read and approved. admiral by law, I should think, under the Constitution, if he were liv­ PETITIONS AND MEMORIALS. ing. It may be we could if he were dead. I suppose the object is to 1\Ir. SHERMAN presented the petition of E. R. Olderman and 29 give him the honor or give his widow the pay to which he would be other.3, the petition of S. 1\I. McMillen and 34 others, the petition of entitled. Theo. F. Davis and 11 others, and a petition of Knights of Labor Lodge 1\'Ir. CHANDLER. It is hardly to give the honor to him, because he is dead, and it woald not gi ,·e anything to the widow. I will state No. 562, officially signed, representing 250 members, all citizens of the object of the bill, if the Senate will permit me. Washington County, Ohio, praying for certain amendments to the in­ terstate-commerce law; which were referred to the Committee on Inter­ The PRESIDENT pro tempore. Is there objection to the present consideration of the bill? , state Commerce. · 1\Ir. WILSON, of Iowa: I present a petition of Garfield Assembly, Mr. COCKRELL. I object to it. Let it go on the Calendar. I do No. 4762, Knights of Labor, of Dallas, Iowa, numbering 78·members, not see any necessity for it. If the Senator will show any rea-son why we should be passing any such legislation as that I will not object to ·praying for an amendment to the interstate-commerce law. A.s the it; but unless there is some substantial reason given I shall object. subject referred to in the petition ha-s been acted upon, and is now l\1r. CHANDLER. I will state- pending in conference between the two Houses, I move that the petition Mr. COCKRELL. Is there a written report? lie on the table. The motion was agreed to. Mr. CHANDLER. There is no written report. Commodore John­ :Mr. TELLER presented the petition of Thomas L. Farrell and 59 son became entitled by operation of law under existing statutes to his other citizens of Gunnison County, Colorado, praying for certain amend­ commission as rear-admiral subject to examination and subject to con­ ments of the interstate-commerce law; which was referred to the Com­ firmation by the Senate. He became thus entitled while he wa-s on mittee on IntersktteCommerce. his death-bed. He died, I think, within a week after that time, leav­ Mr. REAGAN presented a petition of citizens of Hill County, Texas, ing a widow and two children. The widow is desirous that she may and a petition of citizens of Tyler County, Texas, praying for an amend­ have this parchment from the Government for her sake and for the sake ment of the interstate-commerce law; which were referred to the Com­ of her two boys. Mrs. Johnson was a South American woman. and mittee on Interstate Commerce. was married by Commodore Johnson during some one of hiS cruises. She will think very highly of this paper if it is compatible with law REPORTS OF COMl\IITTEES. and the greablless of the United States to give it to her. Mr. TELLER, from the Committee on Public Lands, to whom was The bill has no effect whatever beyond that. We have given her Tcferred the bill (S. 3485) restoring the homestead right of Charles the highest pension which is allowed by law. She comes to the Sec­ Weitfle, reported it without amendment, and submitted a report retary of the Navy and to Congress and says, "If there is no objection, th ereon.~ . if there is no injury to result from giving me this parchment for the 1\fr. WILSON, of Iowa, from the Committee on the Judiciary, to benefit of myself and my children, I should like to have you give it.-" whom was referred the bill (H. R. 3312) to transfer certain counties IThe committee saw no objection to giving it, and I trast that Senators from the southern judicial district to the northern district in the State will see none.