1882. CONGRESSIONAL RECORD-SENATE. 2793
In conclusion, I inquire now, as I did at the beginning, why should BOOKS IMPORTED THROUGH THE MAILS. these great questions be delayed from month to month, from year to The SPEAKER also laid before the House a letter from the Secre year, with an immense and increasing surplus in the Treasury, even tary of the Treasury, recommending the passage of a bill empower ifprotection must be persist.ed in f The intolerable oppression, not ing postmasters to administer oaths for custom-house purposes to to say crying injustice, of parts of the present tariff in its exorbitant persons importing books through the mails; which was referred to taxation of the prime necessities of life are not denied, and ou~ht to the Committee on Ways and .Means, and ordered to be printed. and will condep:m any party which persists in disingenuous <1.elay. The attention of the people is being directed to these matters, and INTERNAL-REVENUE OFFICERS AND EMPLOYES. sooner or later they will be aroused. Through the might that slum The SPEAKER also laid before the House a letter from the Secre bers in the ballot their voices will be heard, if not through this Con tary of the Treasury, transmitting the supplemental report of the gress at least through one better representing their views. Commissioner of Internal Revenue, in response to the House resolu In the interest, then, of a great country, a magnanimous and just tion of January 30, 1882, relative to the officers and employes of the people, let us fearlessly do our duty and leave results to those by Internal Revenue Bureau who have been killed or wounded in the whose authority we are here. · enforcement of the internal-revenue laws of the United States; Mr. HUBBELL obtained the floor. which was referred to the Committee on Pensions, and ordered to be Mr. KELLEY. If the gentleman from Michigan will yield to me printed. I will move that the committee now rise. WITHDRAWAL OF PAPERS. Mr. HUBBELL. I will yield for that pmpose. Mr. RANDALL asked and obtained unanimous consent for the Mr. KELLEY. I move that the committee now rise. withdrawal from the files of the House of the papers in the case of The motion was agreed to. Simon Levy; no adverse report. The committee accordinglyrose; and the Speaker having resumed The motion of Mr. WISE, of Virginia, was then agreed to ; and the chair, Mr. CAMP reported that the Committee of the Whole House accordingly (at five o'clock and five minutes p. m.) the House on the state of the Union had had under consideration the bill (H. R. adjourned. No. 2315) to provide for the appointment of a commission to investi gate the question of the tariff and the internal-revenue laws, and PETITIONS, ETC. had come to no resolution thereon. The following memorials, petitions, and other papers were laid on ILLINOIS AND MISSISSIPPI CANAL. the Clerk's desk, under the rule, and referred as follows : Mr. HENDERSON, by unanimous consent, from the Committee on By the SPEAKER: The resolutions adopted by the United States Railways and Canals, reported back with a favorable recommenda Army and Navy survivors of Andersonville and other southern mili tion the bill (H. R. No. 2248) to provide for the construction of the tary prisons, of New York, urging the passage of the Bliss bill, grant Illinois and Mississippi Canal and to cheapen transportation; which ing pensions to soldiers and sailors of the late war who were conftned was referred to the Committee of the Whole House on the state of in confederate prisons and to increase the clerical force in the Pen the Union, and the accompanying report ordered to be printed. sion Office-to the Committee on Appropriations. Mr. SPRINGER. I ask unanimousconsentthatthe bill just report By Mr. J. H. BURROWS: The petition of W. S. Morgan and 300 ed by my colleague [1\fr. HENDERSON] be made a special order for the others, citizens of Livingston County, Missouri, for an appropriation first Tuesday in May next, not to interfere with existing special or of $100,000 for the improvement of Grand River, in Northwest Mis ders or with appropri:;~>tion bills. souri, and the reclamation of the marsh and swamp lands along the Mr. RANDALL. I object. same-to the Committee on Commerce. Mr. BURROWS, of Michigan. That had better not be done now. By Mr. COOK : The resolution ~dopted by the city council of Au Mr. HENDERSON. I rlesireto state that the minority of the Com- gusta, Georgia, relative to the erection of a public building at that mittee on Railways and Canals desires permission hereafter to sub place-to the Committee on Public Buildings and Grounds. mit their views. By Mr. CULBERSON: The petition of Rushing Brothers & Co. The SPEAKER. Without objection, they will have permission to and others, citizens of Greenville, Hunt County, Texas, for the do so. repeal of the law imposing taxes on banks and the two-cent stamp HOT SPRINGS, ARKANSAS. on bank-checks-to the Committee on Ways and Means. Mr. CRAVENS, by unanimous consent, from the Committee on the By Mr. DARRELL: The petition of Frank Morey, relative to ex Public Lands, reported back the special message of the President, penses incurred in the contested-election case of Spencer vs. Morey, transmitting a communication from the Secretary of the Interior in the Forty-fourth Congress-to the Committee on Elections. relative to an appropriation for the improvement of j;he Hot Springs By Mr. C. B. FARWELL: The petition of George Scoville, for com reservation in Arkansas; and the same was referred to the Commit pensation for services as counsel in the Guiteau trial-to the Com tee on Appropriations, and the accompanying report ordered to be mittee on the Judiciary. printed. By Mr. FLOWER: Memorial of the American Meteorological So LIGHTS IN CIDCAGO HARBOR. ciety, recommending the holdin~ of an international convention to Mr. DAVIS, of illinois. I ask unanimous consent for a change of adopt a common meridiaH.-to the Committee on Commerce. reference of the joint resolution (H. R. No. 186) in relation to lights Also, the petition of Mary Cutts and others, for the passage of the in Chicago Harbor, Illinois. That joint resolution was reported Yf(S French !3POllation claims bill-to the Committee on Foreign .Affairs. terday from the Committee on Commerce and referrerl to the Com By Mr. GEORGE : Papers relating to the Indian depredation claim mittee on Appropriations. As it involves no appropriation, I ask of Kate Nurse-to the Committee on Indian .Affairs. . consent that the Committee on Appropriations be discharged from By Mr. A. S. HEWITT: The petition of citizens ofthetenthCon its further consideration, and that it be placed on the House Calen gression al district of New York, asking for the impeachment of James dar. Russell Lowell, United States minister at the Court of St. James Mr. PAGE. I desire to state that there was a mistake in the refer to the Committee on Foreign .A.ft'airs. ence. I thought the joint resolution contained an appropriation; it By Mr. THOMAS: The petition of John W. Peebles and William does not. Gray, of Illinois, praying that William Gray, late private Company There was no objection, and it was ordered accordingly. I, One hundred and twenty-eight.h Regiment illinois Volunteer In ORDER OF BUSINESS. fantry, be relieved of the charge of desertion-to the Committee on Military Affairs. Mr. "WISE, of Virginia. I move that the House now adjourn. The SPEAKER. Pending the motion to adjourn, the Chair desires to submit some executive communications. SENATE. WATER-POWER AT ROCK ISLAND ARSENAL. The SPEAKER laid before the House t.he following message from WEDNESDAY, .April 12, 1882. the President of the United States; which was referred to the Com mittee on Appropriations, and ordered to be printed: Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. The Journal of yesterday's proceedings was read and approved. To the S~nate and House of Representatives: I transmit berewith, for the consideration of Co:pgress, a letter from the Secre EXECUTIVE COJ\IMUNICATIONS. tary of War, dated the 6th instant, in which he recommends the reappropriation The PRESIDENT pro tempore laid before the Senate a communi of the nnexpended balances of two appropriations of $50,000 each, made in 1880 cation from the Secretary of the Interior, transmitting, in response and 1881, " for continuing the improvement of the water-power pool" at the Rock Island arsenal, and that the additional sum of $30,000 be granted for the same pur to a resolution of the 5th instant, information concerning the pen pose; also an additional sum of $70,000 ''for deepening the canal and for opening sion-roll. six water-ways in connection with the water-power." ThePRESIDENT p1·otem.pore. The communication will be referred CHESTER A. ARTHUR. to the Committee on Pensions without printing, as it is a large doc EXECUTIVE MANSION, .Aprilll, 1882. ument. NAVAL OFFICERS TRAVELING •ABROAD. Mr. PLATT. It is in response to a resolution offered by the Sen The SPEAKER also laid before the House a letter from the Secre ator from Minnesota, [Mr. WINDOM:.] I am not authorized to speak tary of the Treasury, transmitting a communication from the Fourth for the committee.! but I think it is a document which will be event :Auditor, in relation to the expenses 'Of naval officers of the United ually pTinted, ana it may as well be done at once. I move that it States whHe moving about abroad under orders; which was referred be printed. to the Committee on Appropriations. .. 'The motion was agreed to. 2794 CONGRESSIONAL RECORD-SENATE. APRIL 12,
The PRESIDENT pro tempore laid before the Senate a communi tor from New Jersey that the Committee on Appropriations has this cation from the Attorney-General, transmittin~, in response to ares subject under consideration by the reference to it of the Army appro olution of the 6th instant, information in relatiOn to the awards for priation bill. damages occasioned by the erection of dams on the Fox and Wis Mr. SEWELL. I prefer to have the petition referred to the Com consin Rivers; whioh was referred to the Committee on Commerce, mittee on Military Affairs. and ordered to be printed. The PRESIDENT pro tempm·e. The petition will be referred to the He also laid before the Senate a communication from the Secretary Committee on Military Affairs. of War, transmitting a report from 1\Iajor W. H. H. Benyaurd, Corps Mr. DAVIS, of West Virginia, presented a petition of citizens of of Engineers, in response to a resolution of March 10, calling for an West Virsinia, praying for the enactment of such laws a will pre estimate of the expense of permanently closing Alban's, Hervey's, vent the further whole ale immi~ation of Chinese to this country; Sale & :Murphy's, and Kountz's canals, out.lets of the Red River, which was referred to the Comm1ttee on Foreign Relations. Louisiana; which was referred to the Committee on Commerce, and Mr. MITCHELL presented a memorial of the Philadelphia. Mari ordered to be printed. time Exchange, in favor of a separate and permanent organization PETITIONS AND MEMORIALS. of the Signal Service ; which was referred to the Committee on Mil itary Affa.irs. The PRESIDENT pro temp01·e, presented resolutions adopted by the New York East Conference of the Methodist Episcopal Church, He also presented resolutions adopted by the central branch of the Irish National Land League of Pittsbur~h, Pell.llilylvania, in favor in session at Waterbury, Connecticut, tendering thanks to President of the protection of Irish-American citizens, and praying for the Arthur for vetoing the bill for restraining the immi~ration of China recall of the present American minister at the Court of St. James ; men to this country ana. praying that its missionary mterests in China which were referred to the Committee on Foreign Relations. may not be imperiled by any further action of Congress; which were He also presented three petitions of late Union soldiers, citizens of referred to the Committee on Foreign Relations. Pennsylvania, praying for the establishment of a soldiers' home at Mr. McDILL. I present a joint resolution of the Legislature of Erie, in tha.t State; which were referred to the Committee on 1tfili Iowa, opposing any increase of duty on steel blooms and wire rods, tary Affairs. which I a-sk to have printed in the RECORD. The memorial was referred to the Committee on Finance, and or REPORTS OF COMMITTEES. dered· to be printed in the RECORD, as fo~ows: Mr. JONES, of Florida, from the Committee on Naval Affairs, to whom was referred the bill (S. No. 1584) to confirm the status ofJohn Joint resolution requesting our Senators and R~presentatives in Congress to oppose any increase of duty on steel blooms and wire rods. N. Quackenbush, a commander in the United States Navy, reported it Whereas the subject of the revision of the tariff laws is being agitated in Con without amendment; and submitted a report thereon, which was gress : Therefore, ordered to be printed. Be it resolved by the senate and house of representatives of the State of Iowa, That Mr. MORGAN, from the Committee on Public Lands, submitted the our Senators and Representatives in Congre s are requested to oppose by all hon· views of the minority of the committee on the bill (S. No. 192) to quiet orable means any increase of duty on steel blooms, or other legislation which will increase the cost of wire to the consumer. the title to certain lands in the Upper feninsula of Michigan; which Approved, March 14, 1882. were ordered to be printed. STATE OF lOWA, OFFICE SECRETARY OF STATE. He also, from the same committee, to whom wa-s referred the bill I hereby certify the foregoing to be a true copy: of joint resolution No. 10, (S. No.ll&:!) to increase the endowment of the University of Alabama passed by the nineteenth General Assembly, and on file in this office. fi.·om the public lands in said State, reported it with amendments; Witnesa my hand and the great seal of the State, this 20th day of March, 1882. and submitted a report thereon, which was ordered to be priuted. [SEAL.] J". A. T. HULL, Sec:retary of State. Mr. JACKSON, from the Committee on Claims, to whom was re ferred the bill (S. No. 566) for the relief of Mrs. Mary Jane Veazie, Mr. McDILL presented the petition of J. H. Jones and 160 others, reported it without amendment; and submitted a report thereon, citizens of Iowa, praying for the passage of a law granting increased which was ordered to be printed. . allowance as pensions to soldiers who lost an eye while in the mili Mr. WILLIAMS, from the Committee on Railroads, to whom was tary service of the Government ; which was referred to the Commit referred thejointresolutiol! (S. R. No. 48) to provide forthesettlement tee on Pensions. of accounts with the Mobile and Ohio Railroad Company, reported it He also presented a petition of the German Society of New York, without amendment; and submitted a report thereon, which was praying for legislation for the protection of arriving immigrants, ordered to be printed. especially the sick and disabled; which was referred to the Com Mr. SLATER, from the Committee on Indian Affairs, to whom was mittee on Foreign Relations. referred the bill (S. No. 1333) to authorize the payment to the Dela He also presented a memorial of the city council of Charleston, ware Indians of the amount awarded to them under the provi-,ions of South Carolina, in favor of an appropriation for carrying out the the treaty of July 4, 1866, reported it with amendments; and sub jetty system of improvement of that harbor; which was referred to mitted a report thereon, which was ordered to be printed. the Committee on Uommerce. Mr. CAMERON: of Wisconsin, from the Committee on Claims, to Mr. SEWELL. I present the petition of Brevet Major-Generals whom was referred the bill (S. No. 558) for the relief of George Tan., 0. 0. Howard, George Crook, W. B. Hazen, 0. B. Wilcox, D. S. Stan ner, of Mercer, Mercer County·, Pennsylvania, late captain of "Cap ley, A. M:cD. McCook, John Newton, John P. Hatch, R. S. Macken tain Tanner's Independent Company of Volunteer Infantry," and zie, Brevet Brigadier-Generals A. G. Brackett, L. P. Bradley, John others of his command, asked to be discharged from its furt,her con R. Brogke, Charles H. Tompkins, Colonels G. L. Andrews, W. H. sideration, and that it be referred to the Committee on Military Wood, and of '27lieutenant-colonels, 72 majors, 271 captains, 367 first Affairs; which was agreed to. lieutenants, and 226 second lieutenants, making a total of 978 officers Mr. CAMERON, of Wisconsin. I am directed by the Committee of the Army, praying for the passage of the bill for compulsory retire on Claims to report back the bill (S. No. 452) for the relief of William ment. I ask that the petition be read. W. Dewhurst, postma,ster at Saint Augustine, Florida, and to ask The PRESIDENT pro tempore. The petition will be read, if there that the committee be discharged from its further consideration. be no objection. The papers will go, nuder a resolution adopted by the Senate some The petition wa read, as follows : time ago, to the Postmaster-General without any further action. To the Senate of the United States: The PRESIDENT pro tempore. A general law having been pa sed We, the undersigned, officers of the Army, respectfully petition your honorable on this subject, the committee will be discharged from the further body for the passa~e of an act makin~ the retirement of officers of the Army com· consideration of the bill, and it will be indefinitely postponed, if pulsory upon a.rrivmg at the age of siXty-two years. Your petitioners beg leave to represent that while in civil pursuits not requir· there be no objection. ing physical exertion or exposure men of that age are often at the height of their Mr. FRYE, from the Committee on Claims, to whom was referred usefulness, experit-nce has demonstrated that tlie successful conduct of the mili the bill (H. R. No. 1136) for the relief of John H. 1\forris, reported tary operations calls for an amount of energy, vigor, and physical activity not as it without amendment; and submitted a report thereon, which was a. rille found in officers who have paased the age of sixty-two. Your petitioners further respectfully represent that promotion, a steady :flow of ordered to be printed. which is the life-blood of our Army, is almost entirely at a standstill, particularly Mr. McPHERSON, from the Committee on Naval Affairs, to whom as regards the officers of the lower grades. A number of the captains of the Army was referred the bill (S. No. 132) to correct an error in section 1588 have served from fifteen to twenty years in that grade, while fully o-':1-e· thir~ of the of the Revised Statutes, in reference to the pay of retired officers of first lieutenants have seen from fourteen to seventeen years' semce as lieuten ants, exclusive, in most instances, of services during the late war, in which ma.ny the Navy, reported adversely thereon, and the bi~ was postponed as volunteers took an honorable part. indefinitely. And lastly, your petitioners respectfully represent that, besides supplying a BILLS INTRODUCED. much-needed stimulus to promotion, the legislation prayed for would place the Army on the same footing re!pecting ret.irements with the Navy, and correct the Mr. SHERMAN (by request) asked and, by unanimous consent, ob serious evil inherent in the present system, under which an officer sixty-two years tained leave to introduce a bill (S. No. 1684) for the relief of Alexol.n old, singled out for retirement from others in active service of the same or greater age is red to look upon his relegation to the retired list in the lij!;ht of reproa , thing about the merits of the measure. I move ~he reference of the the money invested for this Uintah band. That I do not object to; bill to the Committee on Military Affairs. ·but we shou1d not recognize these four hundred and seventy Indians The motion was agreed to. " as having the right to say to the Government that these 2,040,000 Mr. SEWELL asked and, by unanimous consent, obtained leave acres of land cannot be used by the .Government for putting there to introduce a bill (S. No. 1686) granting arrears of pension to Sam of any Indians that it sees fit. The trouble with the committee was uel V. Adams; which was read twice by its title, and referred to the that the committee proceeded upon the theory that this was a reser Committee on Pensions. vation belonging to these Indians, when that is not the fact. I there Mr. ~UTCHELL asked and, by unanimous consent, obtained leave fore ask that the Senate do not agree to the amendment; and I am to introduce a bill (S. No. 1687) for the relief of James L. Selfridge; satisfied if the chairman of the committee were here, with this ex which was read twice by its title, and, with the accompanying paper, planation he would not insist upon it. referred to the Committee on Finance. Mr. ANTHONY. The Senator from Massachusetts [Mr. DaWES] He also asked and, by unanimous consent, obtained leave to intro who reported this bill is absent, and I think it had better be passed duce a bill (S. No.1688) authorizing the SecretaryoftheTreasuryto over without prejudice until he returns. pay Henry H. Bingham the compensation allowed to disbursing Mr. HILL, of Colorado. I desire to say that the bill was reported agents for public buildings; which was read twice by its title, and from the Committee on Indian Affairs unanimously as I understand, referred to the Committee on Finance. and I am justified in saying that the chairman of that committee is Mr. MORGAN asked and, by unanimous consent, obtained leave in favor ofthe passage of the bill. to introduce a bill (S. No. 1&:!9) for the relief of John Silsby and Mr. ANTHONY. And all the amendments proposed by the com others, purchasers of the "Weaver tract" lot of land in the city of mittee! Selma, State of Alabama; which was rea4 twice by its title, andre Mr. HILL, of Colorado. In regard to this one amendment I h"tve ferred to the Committee on Public Lands. not talked with him, but in all other respects I know he is in favor Mr. COKE asked and, by unanimous consent, obtained leave to of the bill as it stands. I will say in addition to what my colleague introduce a bill (S. No. 1690) to amend the laws of the District of has said, that the Commissioner of Indian Affairs in regard to this Columbia relating to the administration of the estates of deceased amendment has distinctly said that there is no necessity fori t. There persons; which was read twice by its title, and referred to the Com fore, I hope the amendment will not be agreed to. mittee on the Judiciary. The PRESIDENT p1·o tempore. The Senator from Rhode Island Mr. INGALLS asked and, by unanimous consent, obtained leave to objects to the further consideration of the bill at this time, as the introduce a bill (S. No. 1691) to repeal section 190 of the Revised Senator who reported the bill is absent on duty for the Senate. Statutes of the United States; which was read twice by its title, and Mr. TELLER. I hope the Senator will not insist on his objection, referred to the Committee on the Judiciary. because it is very important that the bill shou1d pass. These Indians Mr. MILLER, of New York, (by request,) asked and, by unanimous are located now where it is impossible to take care of them. They consent, obtained leave to introduce a bill (S. No. 1692) for the relief are on a little na~row strip of land fifteen miles wide, surrounded by of the heirs of John Young; which was read twice by its title, and white settlements. The land is not fit for agricu1ture. This proposi referred to the Committee on Patents. tion is simply to negotiate with them, and if they see fit to go there, Mr. GROOME asked and, by unanimous consent, obtained leave to all right; if they do not, they are not required to go under the bill. introduce a bill (S. No. 1693) granting a pension to Emily Agnes Mr. ANTHONY. Upon the assurance of the Senators from Col- Aitken; which was read twice by its title, and referred to the Com orado that the Senator from Massachusetts is in favor of the bill- mittee on Pensions. Mr. TELLER. Oh, certainly. Mr. ALDRICH asked and, by unanimous consent, obtained leave Mr. ANTHONY. I will withdraw my objection. to introduce a bill (S. No. 1694) granting an increase of pension to Mr. TELLER. There is no question about that. Grace F . Edes; which was read twice by its title, and referred to The PRESIDENT p1·o tempo1·c. Does the Senator from Colorado the Committee on Pensions. [Mr. IIILL] know that the Senator from Massachusetts wishes to SOUTHERN BAND OF UTES. have the pending amendment agreed toY The PRESIDENT pro tempm·e. If there be no further morning busi Mr. HILL, of Colorado. I do not know how the Senator from ness, the morning hour is closed, and the Senate will proceed to the Massachusetts regards this amendment, but it must be very clear to consideration of the cases on the Calendar under the Anthony ru1e. every person that there is no necessity for the amendment. The The first bill on the Calendar was the bill (S. No. 1186) to provide Uintah band of Indians, numbering only four hundred and seventy, suitable agricu1tural lands for the southern band of Ute Indians in and occupying a country of two million acres, were placed there with lieu of lands heretofore provided for allotment to them; which was out any treaty reservation whatever. They have no specific rights considered as in Committee of the \Vhole. th~re. Mr. TELLER. I suppose it would be a good time now to offer an The PRESIDENT pro tempore. This debate is irre~u1ar. Does the amendment. Senator from Rhode Island withdraw the objection Y The PRESIDENT p1·o temp01·e. The amendments reported by the Mr. ANTHONY. I will withdraw my objection if the bill is to be Committee on Indian Affairs will be first considered. pa-ssed as the Senator who reported it desired; but otherwise I think Mr. TELLER. IhavenoobJection.to going on with the bill in that he had better be here. way. 1\fr. TELLER. I am satisfied if the Senator from Massachusetts The PRESIDENT pro tempore. It is usual to consider the committee were here there would be no objection to disagreeing to the amend amendments first. ment. I submit to the Senate whether it is the proper thing to allow The first amendment reported l;y the Committee on Indian Affairs a band of four hundred and seventy Indians, who have no title to the land, as I am prepared to show by the record, who never did have was, in section 4, line 16, after the word" of," to insert" five;" so 3Jl5 i.;o read: any title to it, and who have never claimed any title, to say, "You shall not put any other Indians on this land." I do not care whether And also for the lands that shall be ceded and allotted to the said southern band within the said reservation under the provisions of this act~ shWI be deposited in the Senator from Massachusetts is in favor of i.t or whether he is the Treasury of the United States to the credit of the Uintah bandofUtelndians opposed to it. residing upon said Uintah reservation, and draw interest at the rate of 5 per cent. The PRESIDENT pro tempore. The question, if there be no objec per annum. · tion to the consideration of the bill, is on agreeing to the amendment The amendment was agreed to. of the committee, which has been read. The next amendment was, after the word "effect," at the end of sec The amendment was rejected. tion 5, to insert: Mr. TELLER. I want to offer an amendment to section 4. I move And the consent of the Uintah bandofUtelndiansnowresidingupon said Uintah to strike out, in section 4, line 18, after the word "band," the words reservation to the removal aud settlemept of said southern band of Utes as pro· "per capita in cash" and insert ''or members thereof, or used for vided in this act shall be first had and obtained in like manner as the consent of the their benefit, as the President shall direct." That will put the~;e said southern band of Utes is herein required. Indians exactly in the same condition as the other Utes with refer M!'. TELLER. That clause should be stricken out, or rather the ence to these trust fundi:!. There can be no objection to that. The amendment shou1d not be agreed to. The committee ha\Te proceeded President then can order the money to be paid in cash o.r otherwise. upon the theory that these Indians had a treaty with the Government Mr. BECK. If the bill of the committee is to be changed, I wish which authorized them to hold this reservation, or some interest in some member of the committee to tell us what the changes are. The it. The fact is that this is a reservation established by executive chairman of the committee is now absent, and I understood from order in 1R61, and the Indians have no interest in the reservation at gentlemen on the other side that the bill, as reported by him, was all; therefore we shou1d not recognize their right and require their satisfactory to the committee. Changes in the bill are now being consent. The number of Uintah Indians is four hundred and one as made, and I shou1d like some member :~f the committee to advise shown by the report of 1880. I have not looked at the last report, us something about them. but there are not many more than that number probably now. Mr. TELLER. I think when the Senator sees what this change is, Mr. HILL, of Colorado. There are four hundred and seventy. he will not object to it. The bill as reported by the committee re Mr. TELLER. There are four hundred and seventy now. It is a quires that the annuity shall be p aid in cash. I have simply asked small hand of Ute Indians who went over there and settled on this to amend it so that the President may order it to be paid in cash, reservation without any contract with the Government. The bill or in stock, or anything that he sees fit. There can be no objection provides in another section, to which I do not object, that all of the to that. It puts them just in the same condition as the whole Ute lands which shall be taken for the southern band of Utes if they are tribe in regard to the balance of the trust funds. It still leaves it to sent there shall be paid for at a dollar and a. quarter an acre, and be paid in cash if the President sees fit, or it can be paid in goodl'l, ~'r ~796 CONG1tESSI0NAL RECORD-SENATE. APRIL 12, in cattle, if the President sees fit. The committee would not object make that suggestion I throw it out for what it is worth; but if the to the amendment, I am satisfied. Senator from Ohio thinks1 it is better to insist on his motion I am The amendment was agreed to. going to vote with him, for I think there is no bill of greater merit Mr. HILL, of Colorado. I propose to offer an amendment. In sec on the Calendar. tion 1, line 7, after the word" reservation," I move to insert" orin The PRESIDENT pro tempore. Is it the -pleasure of the Senate the vicinity thereof;'' so as to read: that the bill be taken up to the displacement tJf others on the Calen That instead of lands on the said La. Plata River and vicinity in Colorado and dar, it ·beinO' objected to f New Mexico, as provided in and by said agreements, lands be allotted to the said Mr. SHERMAN. Is that in order under the Anthony rule' Southern Utes in that part of the Territory of Utah known as the Uintah reserva sir. tion, or in the vicinity thereof, the same in all cases to be surveyed, selected, and Mr. WILLIAMS. Yes, allotted in manner and form in all respects the same, except a-s 1s hereinafter pro· Mr. SHERMAN. I think not. When the consideration of a bill vided, in severalty to such and every member of said Southern band of Utes enti is objected to, then its consideration may be continued by a majority tled to receive lands under the provisions of said agreement as therein is provided of the Senate ; but I think under the Anthony rule this bill cannot touching the lands therein mentioned. · - be taken up until two o'clock. The amendment was agreed to. Mr. JONES, of Florida. It is settled by the Senate, I think, tha.t a Mr. HILL, of Colorado. To make the bill consistent the words'' or vote of the Senate can set aside the rule at any time. in the vicinity thereof" will have to be inserted inotherplaces. In Mr. SHERMAN. Only when bills are reached in their order, a.nd section 2, line 9, after the words "Uintah reservation," I move to then the rule expressly gives theright to override a single obJection. insert the words ''or in the vicinity thereof." However, I do not want to interfere with my colleague's bill. The amendment was agreed to. The PRESIDENT pro tempore. The Chair decides that the Anthony Mr. HILL, of Colorado. In section 3, line 3, after the words rule would have to be set a-side in order to take up the bill, a.nd no "Uintah reservation," I move to insert "or in the vicinity thereof." rule can be displaced without giving a day's notice. The rule reads : The amendment was agreed to. That at the conclusion of the morning business for each day, unless, upon motion, Mr. HILL, of Colorado. Also, in section 3, line ld, after the words the Senate shall at any time otherwise order, the Senate will proceed to the consid "Uintah reservation," I move to insert "or in the vicinity thereof." e_ra,tion of the Calendar of Bills and Resolutions. The amendment was agreed to. Mr. SHERMAN. As I understand the rule which has always been Mr. HILL, of Colorado. I move the same amendment after these acted upon, when a bill is reached in its order and a single objection words in section 5, line 5. is made a Senator may move, notwithstanding that objection, to take The amendment was agreed to. up the bill. The bill was reported to the Senate as amended, and the amend The PRESIDENT pro tempore. If the motion had been made at ments were concurred in. the commencement of proceedings under the Anthony rule, the Cha.ir The bill was ordered to be engrossed for a third reading, read the is of opinion that the Senate could determine the order of proceed third time, and passed. ing; but after the Senate has proceeded under the 4-uthony rule, the The preamble was agreed to. Chair believes that it must be proceeded with until two o'clock. BRIG GENERAL ARMSTRONG. That is the meaning of the rule: That a.t the conclusion of the morning business for each da;r., unless, upon motion, Mr. PENDLETON. I ask the unanimous consent of the Senate to the Senate shall at any time otherwise order, the Senate will proceed to the con take up the bill (S. No. 185) for the relief of the captain, owners, sideration of the Calendar of Bills and Resolutions, and continue such considera officers, and crew of the late United States private armed brig Gen tion until two o'clock. eral Armstrong, their heirs, executors, a.dministrators, agents, or After the morning business is concluded the Senate can take assigns. up anything it pleases, but after proceedings commence under the Mr. SAUNDERS. I tried to call up a bill the other morning of Anthony rule- . considerable importance. Unless we are going to lay aside the BillR and resolutions that are not objected to shall be taken up in their order, and regular order this morning and take up bills out of their order, allow each Senator shall be entitled to speak once and for five minutes only upon any in!> th~ rest of us to have a chance, I shall have to object to n.ny bill question ; and the objection may be interposed at any sta.ge of the proceedings bemg taken up out of its order. unless upon motion the Senate shall otherwise order. Mr. PENDLETON. I hope the Senator will withdraw his objec The words "otherwise order" refer to an objection which may be tion, and ifnot,Ihopethe Senator will give me two minutes to state made to bills that are reached in their order. After the Senate pro why the bill ought to be taken up. I beg the Senator to withdraw ceeds to consider bills on the C.n.lendarundertheAnthonyrule, it ecms his objection, and let the bill come up for consideration. to the Chair the rule cannot be displaced. It is the decit~ion of the . Mr. SAUNDERS. I have no objection if that course is to be fol- Chair that the Senator from Ohio must make his motion at the con lowed out. clusion of the morning business, before the Senate proceeds to the Mr. PENDLETON. I shall not object to the Senator's bill. consideration of the Calendar under the Anthony rule, or at two The PRESIDEN'r pro tempore. The Senator from Nebraska must _o'clock, when the rule ceases to operate. decide for himself. Mr. PENDLETON. I think that the unanimous consent of the Mr. SAUNDERS. I shall withdraw my objection, because the Senate was given to the consideration of this bill. Senator does not usually bring before the Senn.te anything unreason The PRESIDENT pro tempore. That would be so but that the Sen able, I know. , I shall withdraw it. ator from Vermont [Mr. MoRRILL] objected. The PRESIDENTprotempore. The bill is before the Senn.te, there Mr. PENDLETON .. But I think the bill was before the Senate, being no objection. pending by unanimous consent, when the Senator from Vermont Mr. ROLLINS. What is the billY · sought to stop it by one objection, and my colleague, the Senator The PRESIDENT pro tempore. The bill will be read. ~om Ohio, souO'ht by another objection to postpone it. _ Mr. MORRILL. I know that that is a bill in which my colleague Mr. MORRILL. Under the Anthony rule an objection can be made [Mr. EDl\IUNDS] takes a great interest. I understand that he is to at any time. be here on Friday. I wish, therefore, the Senator from Ohio would Mr. PENDLETON. I shall submit to the decision of the Chair, if allow it to go over until my colleague is present. the Chair says I am wrong. Mr. PENDLETON. The bill comes from the Committee on Foreign The PRESIDENT pro tentpore. The Chair understood that the bil.l Relations, of which the Senator's colleague is a member, _and it has was not before the Senate strictly speaking. If there is no objection now been pending before the Senate for a long time. I beg that the a bill is before the Senate, but usually Senators object when they Senator from Vermont will withdraw his objection, and not ask me please. to withdraw my request. I dislike to do anything that is not entirely Mr. PENDLETON. I submit to whatever the decision of the Chair courteous to him. may be. Mr. MORRILL. I would not object if the bill came up in its regu The PRESIDENT pro tempore. The Chair believes in regard to lar order, but it involves a very large amount, and I know that my the Anthony rule that the mover of it meant, and the Senn.te meant, colleague has very serious objections to the bill. that after the Senate shall proceed to consider bills on the Calendar Mr. PENDLETON. I must insist upon my application to the Sen under that rule it must continue 1mder it until two o'clock; IJut any ate, Mr. President. bill on the Calendar may be taken up before the Anthony rule it~ The PRESIDENT pro ten~pm·e. Is it the plea-sure of the Senate that proceeded with. The Senate may agree to lay aside the Anthony proceedings under the Anthony rule shall be displaced Y rille before it commences proceedings under it. Mr. SHERMAN. I think my colleague had better let the bill go Mr. PENDLETON. I give notice, then, that to-morrow morning, over until Friday. I would not object to taking it up, but I do not immediately-after the close of the morning business, I shall ask the like to set the precedent of breaking the order of proceeding under unanimous consent of the Senate to take up th;s bill. In the mean the Anthony rule. If he will make the motion to proceed to the con time I desire Senators to look, if they will do mv the favor, at the sideration of the bill after two o'clock, I shall have no objection. report, which is in print and on file, and which extlaius the mattt3r Mr. VOORHEES. If the junior Senator from Ohio presses this so fully that I think the consideration of the bill will Jot take many motion I intend to vote with him to take the bill up. At the same moments. time, I believe it could be passed any time, and that perhaps it The PRESIDENT pro tempore. The next bill on the Calendar will might be as well to leave it to be considered in its ordoc. This mat be stated. ter has been very fully debated in the Senate, and I doubt whether MARK W A.LKER. there will be much delay or time spent in passing it, even if the The bill (S. No. 297) for the relief of Mark Walker was considered Senator from Vermont [Mr. EDMUNDS] were· in his seat. I merely as in Committee of the Whole. 1882. CONGRESSIONAL RECORD-SE-NATE. 2797 The bill was reported by the Committee on Military Affairs with negative on all these bills to restore officers who have been court runendments. martialed for any just cause to the Army of the United States, espe- The first amendment was, in line 10, before the word "grade," to cially for drunkenness. · strike out " same." The bill was ordered to be engrossed for a third reading, and was The amendment was agreed to. read the third time. The next amendment was, in line 11, after the word ulieutenant," The bill was passed; there being on a division-ayes 32, noes 10. to strike out " held by him on May 13, 1878. '' HERl\IAN BIGGS. The amendment was agreed to. Mr. SEWELL. I ask consent to call up the case of Colonel Biggs. The next amendment was, in line 14, after the word "Army/'. to It is a similar bill to that just passed. strike out "provided the same shall be recommended by the retirmg The PRESIDENT pro tempm·e. What is the order of business. board," and insert : Mr. SEWELL. Senate bill No. 173, order of business No. 10. P.rovided That the acceptance of the provisions of this act shall be a waiver to The PRESIDENT pro tempore. It will be considered before the all right p~esent and prospective, under the pension laws of the United States. Senate without any motion. And said Walker shall not receive any pay, compensation or allowance of any kind prior to hi8 appointment under this act. Mr. ANTHONY. Was it passed over without prejudice' The PRESIDENT pro tempore. The Chair so understands. It was The amendment was agreed to. particularly agreed when reconsidered that it should be reconsidered Mr. CAMERON, of Wisconsin. The report in this case is not long without prejudice. and I think it had better be read, as it states the ground on which The Senate resumed the consideration of the bill (S. No. 173) for it is proposed to put this man back in the Army. the relief of Herman Biggs. · The PRESIDENT p1·o tempore. The report was made by the. Se;n Mr. SHERMAN. I hope Senators will begin to see the effect and ator from Indiana, [Mr. IIA.RRISON,] and perhaps he can explam 1t, importance of the principle involved in these bills. I do not see how without having the report read. any Senator who votes for these bills can resist the application of Mr. HARRISON. This case is reported now a second time favor any officer who has ever been in the Army, whether honorably or dis ably from the Committee on Military Affairs. It was reported favor honorably discharged from the service, and now drawing a pension, ably at the last session of Congress by General Burnside from that who desires to be placed on the rolls of the retired list. More than committee, a'lld passed the Senate. When it came first to the Senate a thousand officers, according to the muster-rolls, are in that condi at this session, some objections were made by the Senator from Ver tion. There is no reason whv a vote of this kind should not be con mont [Mr. EDl\IUNDS] and perhaps by another Senator, and by agree sidered as a vote increasing the retired list a thousand names. It is ment the bill went back to the Military Committee, and the amend proposed by a bill that is now pending in the Senate to add to the retired ments which are now reported were reported with a view of avoid- list from one hundred t.o two hundred names in the highest ranks of ing those objections. . . the service, within the next three or four years; and if the princi Without going over the case at any ).ength, this officer went mto ple of this bill is applied to every officer who has been in the service service as a private ~oldier in the Fifteenth Indiana Volnnteers,.rose at any time and has been discharged, either for cause or without cause, to be first lieutenant, and was despera.telywounded at Stone R1ver. or who has resigned on account of his disabilities, having been unable After the close of the war he was appointed in the r'egnlar Army, and to perform the duties of his office, what will be the result 7 Every as the Senate knows, by the proceedings of a court-martial in Colo such person may apply for an incr~ase of his pension by being put rado was dismissed the service for intoxication at the retreat roll on the retired list. The only effect of the passage of this bill is to call of his company; simply when the company was called out to increase the pension of Mr. Biggs, a very worthy and excellent gen parade on Christmas eve. There was a recommendation to cl.emency. tleman. I had the pleasure of seeing him and conversing with him .in the opinion of the Judge-Advocate General ; and the pres1den t of and therefore can speak of him kindly. It increases his pension from the court-martial, Colonel Pennypacker, recommended him to clem about the amount of $25 or $30 a month to from $150 to $~00 a month. ency. This bill does not restore him to the active list of the Army, If the Senate is prepared to enter upon that method of pensioning but simply provides for placing him on the retired list. In the pa all the persons who have been officers of the Army and are now in pers there are numerous certificates from Army surgeons attesting private life, and in the case of those drawing pensions increasing that at the time of this occurrence he was a sufferer from va,lvu their pensions to the rate of $2,000 a year on the average, let ns do lar disease of the heart and from rheumatism, and that prior to that it manfully and understand what we are doing. It will have the time he had been recommended by his colonel for retirement. same effect in drawing money from the Treasury that came from These are the circumstances of the case, and I hope the Senate will granting back pensions to soldiers, and, although not so much, the consent to pass the bill. amount will be enormous. If we are going to adopt this as a prece Mr. ANTHONY. I notice that the bill provides that the officer dent; if Mr. Walker and Mr. Biggs, who either resigned or were shall have no pay during the time he has been out of the service. retired with or without cause. shall be placed on the retired list now That is contra'l'y to the precedent we set yesterday. bv act of Congress, I do not see how we can resist applications that l\lr. HARRISON. I was with the Senator from Rhode Isla.nd in would add at least $2,000,000 a year to the retired list. his objection yesterday, and this bill conforms to his view in that Mr. SEWELL. In this ca.se the officer resigned. case. Mr. SHERMAN. I know; I remember the case very well, and I Mr. ANTHONY. I would suggest to our friends on the other side have great regard for the gentleman. that that amendment should be stricken out, because we have set Mr. SEWELL. The Senator puts it on the same footing with the the precedent that an officer retired and then restored shall have cases of those who were discharged. This officer resigned when he pay during the time that he was retired. was entitled to be placed on the retired list . • l\fr. McMILLAN. This was a private soldier; that was an officer Mr. SHERMAN. I see that; but the Senator no doubt voted to ofthe Navy! place Mark Walker on the retired list. There wa.s an officer who Mr. SHERMAN. I should like to have the bill read as it now probably in a moment of excitement drank too much, and was dis stands. charged summarily, drawing a pension, and his pension is now in The Principal Legislative Clerk rea.d as follows: creased from $~0 a month, which would be the pension of a lieuten That the provisions of law regulating appointments in the Army are hereby· ant I believe, to $135 a month. Now, it is proposed to do the same !lnspended for the purpose of this ad, and onlysofaras they affect Mark Walker, thing for Mr. Biggs, who resigned sixteen years ago. late a first lieutenant in the Nineteenth United States Irifantry, and the Presi Mr. SEWELL. I ask the Senator from Ohio if he thinks an officer dent can, if he so desires, in the exercise of his own discretion and judgment, nominate and, by and with the advice and consent of the Senate, appoint said wounded in war ought not to have $13.!) a month f· Mark Walker, late a firstlientenant in the Nineteenth United StJ:~,tes Infantry, to Mr. SHERMAN. I want to bring the Senate to understand that the grade and rank of first lieutenant; and that the said Walker shall thereupon that is a question whether or not we can afford to pension the offi be placed upon the retired list of the Army: P·rovided, That the acceptance of the cers of the Army who are now under disability, partial or entire dis ])rovisions of this act shall be a waiver to an right, present and prospective, under the pension laws of the United States. And said Walker shall not receive any ability, at the rate of $2,000 a year. No country in the world has ever pay, compensation, or allowance of any kind prior to his appointment under this undertaken to carry such a pension-roll; no country in the world act. ever before undertook to do what we did in paying back pensions. The bill was·rcported to the Senate as amended, and the amend Let it be understood that the Senator who has charge of this bill ments were concurred in. admits that this is a mere proposition to increase a pension from $20 Mr. INGALLS. What is the intention of the amendment relative or $30 a month to $135 a month, and that that rule must be applied to his claim to pension f . to every officer in like condition. That involves an increase of the l\lr. HARRISON. I will state to the Senator from Kansas, as was pensions of at least a thousand officers at once; and then if you ex stated by the Senator from Missouri in a similar case a few days ago, tend it to officers, how can you refuse to extend it to the private sol that the committee have been in the habit of appending that amend diersf Why give a private soldier a. pension of $l:l or $10 a month, ment, treating the pay which the officer is to receive on the retired and give an officer $135 a month T Why does not the ~arne logic list as in lieu of pension. compel you to vote to your soldiers who were disabled an increased Mr. INGALLS. Is be now on the pension liBtf pension commensurate with the loss of an arm or of a leg, or an injury Mr. HARRISON. He is. to the body f If this principle is applied that pensions must be in Mr. INGALLS. This drops him f creased at the same ratio that is proposed in these bills, there are Mr. HARRISON. This would drop him from the pension list. He 250,000 pensioners who are now disabled by our civil war, yes, sir, is simply to receive the retired pay of lieutenant. 300 000 pensioners who are disabled by our civil war who would haY e Mr. SHERMAN. I want to have it understood that mv vote is a. nght1 ·to an increase of pension for the same reason that it is pro against this. I do not call for the yeas and nays, l?nt I vote in the posed to give it to Mr. Biggs. 2798 CONGRESSIONAL RECORD-SENATE. APRIL 12, Mr. PLATT. Let the report be read; it is short. I mean the request of this kind bad been made. I desire to call his attention to report, leaving out the documents. the fact that the Committee on Naval Affairs have in a few instances The Principal Legislative Clerk read the report, submitted by Mr. at least reported adversely on such cases. SEWELLDecember 13,1881. Mr. INGALLS. I think the Senate has reversed their action. Mr. PLATT. I think, l\Ir. President, that my legislative education l\Ir. ROLLINS. It may have in some instances. ha-s, perhaps, been sadly ne~lected. I have not yet brought myself Mr. SHERMAN. Take yesterday for one. to feel and believe that this Government has money to give away Mr. ROLLINS. No; in thecaseyesterdaythereportwasinaccord simply to the good fellows who ask it; but it seems that I am entirely ance with the action of the Senate, though an important amendment mistaken. Legislation proceeds here, as it seems to me, not upon was added by the Senate which relieved the bill of many of the anv principle, but because some good fellow asks to have something objections with which it was chargeable. But I wish to s~y, Mr. paid to him from the Government Treasury. That is about the size President, that the Committee on Naval Affairs has been occupied, of this case. Here is an officer who resigned from choice in 1865. for a large share of its time at least, not in reconstructing the Navy He could have gone on the retired list then if he chose; he chose to orin preparing to reconstruct theNavy, but in absolutely reconstruct resign. He has since been awarded a pension of $17 or $20 a month, ing the Navy Register. That has been largely the business of the which he is now enjoying. He has come to the conclusion that that Naval Committee during this entire session, and I hope that such pension is not la.rge enough, and he wants $135 a month for the rest action will be taken by the Senate on the bills w hlch have been pre of his life, and he comes here and asks it; and, as it seems to me, sented and are to be presented as will enable the Committee on without any earthly reason existing in his case more than exists in Naval Affairs to give attention to some other subject rather than the the case of any other officer of the regu..Iar Army who has resigned, reconstruction of the Navy Register. it is proposed to put him on the retired list, where he can draw $135 The PRESIDENT pro tempm·e. The question is on ordering the bill a month instead of the pension allowed by law and which he volun to be engrossed and to be read a third time. tarily chose. The bill was ordered to be engrossed for a third reading, and was The PRESIDENT pro ternpore. The question is on ordering the bill read the third time. to be engrossed for a third reading. The PRESIDENT pro t,empore. Shall the bill pass Y Mr. HAMPTON. Mr. President, I should like to say a word or .Mr. ANTHONY and Mr. SHERMAN called for the yeas and nays, two upon this bill, as it was before our committee; and in answer and they were ordered. to t:te Senator who has just addressed the Senate I would say that Mr. JONES, of Florida. Mr. President, I just wish to say, as a his argument strikes me as a very extraordinary one. He says that member of the Naval Committee, that I do not feel in the least com this officer could as a lieutenant-colonel have been retired in 1865, plimented at the vindication of it to which we have just listened at the end of the war. He had the right then, certainly, to be placed from the Senator from New Hampshire, [Mr. ROLLINS,] who is also on the retired list with the rank of lieutenant-colonel, but. feeling a member of the same committee. Some reflections were cast upon that he could earn his own living, thinking that his wound would that committee by the Senator from Kansas-- not develop, as it subsequently did, into a very dangerous and pain Mr. INGALLS. No, sir, I oeg pardon; I cast no reflections. ful one, he gave up his position, and from that day to this has been Mr. JO~TES, of Florida. My friend from New Hampshire, rising trying to make his own living, and has saved the Government the in vindication of the committee, made a statement which I construe expense of retaining him on the retired list. After years of painful to be anything but just to the Naval Committee. I do not know suffering his wound has assumed such a character that it now threat what he had reference to when he said that the time of that com ens his life; he is incompetent for any work; and not only that, sir, but mittee was taken up chiefly in reforming theNavy Register. ·well, he has lost all the means that he had of support, and now, after the 1\fr. President, I think that was a very good work, for I think the expiration of seventeen years, he simply asks the Congress of the Navy Register needs reformation, and we have unquestionably the United States to ~ive him a position on the retired list, and in a lower power to reform it; and if the hand of reform has been extended to grade to that which he had the right to take seventeen years ago. it I do not think that ought to be the subject of complaint. If the As I said, his wound has assumed a serious character, as appears by Senator meant to refer to some cases before the committee with which the certificate of Dr. D. Hayes Agnew and other physicians. All t,he I happened to be connected, when the proper time comes I will say proof before us shows that this gentleman is still disabled, and now to him that I expect to be able to satisfy the Senate that what the he comes here and asks for what was justly his due seventeen years committee has done has been eminently proper and right. ago, and I trust that we shall not refuse it. He did not know :tt 1\lr. ROLLINS. It was not my purpose to censure the Committee that time what the result of his wound would be. on Naval Affairs. The committee must give its attention to such Mr. JACKSON. I should like to inquire of the Senator from South business as is referred to it by the Senate, and the questions referred Carolina whether this gentleman would not be entitled uhder the to the Committee on Naval Affairs by the Senate are those which increased disability to increased pension Y tend in the direction to which I alluded, the reconstruction of the Mr. HAMPTON. I really am not able to inform the Senator upon Register and not the reconstruction of the Navy. that point. The bill originally proposed to put bini on the retired The Principal Legislative Clerk proceeded to call the roll. list as a lieut.enant-colonel, but it has been amended, as I understand, Mr. BECK, (when his name was called.) I am paired on all ques to place him there with the rank of captain; and it gives no back tions where we differ with the Senator from Maihe, [Mr. HALE, J who pay at all. The Senator from New Jersey can undoubtedly answer is necessarily absent; but I am authorized to vote in this case, and the question of the Senator from Tennessee. I vote "yea." Mr. SEWELL. What is the question f Mr. MILLER, of New York, (when his name was called.) I am Mr. JACKSON. The question is whether he would not be entitled, paired with the Senator from Maryland, [Mr. GROOME.] under the increased disability, to an increase of pension. The roll-call having been concluded, the result was announcetl Mr. SEWELL. All an officer can obtain as pension would be about yeas 34, nays 15 ; as follows : thirty dollars a month. He gets the highest pension now that ho YEAS-34. ca.n get. Bayard, ~e, Jones of Nevada, Sewell, Mr. INGALLS. Mr. President, I have hitherto been opposed to Beck, Garland, McDill, Slater, this legislation upon principle, but the Senate has by vote in many Blair Grover McPherson, Teller, Butl~r. HamiJton, Miller of Cal., Vest instances established a precedent. During this session every man to Call, Harrison, Morgan, Voorhees, whom my attention ha.s been called who ha-s been dismissed from the Camden, Hill of Colorado, Pendleton, Walker, service as a drunkard, a defaulter, an insubordinate mutineer, has Cameron of Wis., In£lills, Pugh, Williams. Conger, J olinston, Rollins, been reported upon favorably by the Committees on Military and Farley, Naval Affairs, and they have been restored either with or without Jones of Florida, Saunders, pay or placed on the active or retired list by vote of the Senate. I NAYS-1'5. do \).Ot propose, so far as my vote is concerned, hereafter to discrim- Aldrich, FeiTf, McMillrul, Sanlsbnry, Maxey, Sherman, inate against men who have been sober, honest, upright, and ouedi- .Ancokthony, e, ~1TL8ks... ac on, • Morrill, Windom. ent to duty. :Mr. Biggs was neithe1· a drunkard, nor a mutineer, nor Davis of illinois, _ Jonas, Platt, a defaulter. He was a gallant soldier who was severely wounded ABSENT-27. while in the service of his country. He had the right be placed to Allison, Fair, Hoar, Mitchell, on the retired list years ago, but, being in comfortable circumstances, Brown, Goorge, Kellogg, Plumb, preferred to save the Treasury the expense that would have been en Cameron of Pa., Gorman, Lamar, Ransom, tailed by this act on his part, and during the interval of thirteen · Cockrell, Groome, Lapham, Sawyer, Davis of W.Va., Hale, Logan, · Vance years his wound has become so severe that he cannot lift his hand to Dawes, Hawley, Mahone, VanWyck. his mouth and every respiration is a-n agony and a torture. He is Edmunds, Hill of Georgia, Miller of N.Y., unable to meet the necessary expenses that are devolved upon him . by this disability. And inasmuch as the Senate has established this So the bill was passed. -precedent in favor of men who belong to an entirely different class GEORGE E. PAYNE. from Colonel Biggs, I shall comply with the will of the Senate and Mr. JACKSON. I ask permission to call up Senate bill No. 391, vote for this bill. which was passed over a few days since without prejudice. 1\Ir. ROLLINS. I do not think the Senator from Kansas wants to The Senate, as in Committee of the Whole, proceeded to consider do an injustice to the Committee on Naval Affairs. He has stated the bill (S. ~o. 391) referring the claim of George E. Payne to the that the Committee on Naval Affairs and the Committee on Military ICourt of Claims. Affairs in every instance had mad.e a favorable report wherever any The bill was reported from the Committee on Claims with an 1882. CONGRESSIONAL REOORD-S~NATE. 2799 amendment, to insert the word "alleged" before "wrongful," in line and abandoned property act at all. The man was loyal then and 3, and to strike out the following words in lines 13, 14, 15, 16, and 17: took his oath of allegiance on the morning of the day the property Are legally due to said George.E. Payne by reason of said seizure, use, occupa wa.s taken possession of by the order of the sequestration boa.rd estab tion, and detention of his said property, and to render judgment therefor, WJth lished by General Butler's orders. There is no ground of equity or interest from January 1, lR66, until paid. of right on which the Government can withhold from him the pro And in lieu thereof to insert: ceeds of the property; and the question as to whether it is liable in Was equitably due tO said George E. PaVn.e by reason of money, property, or the shape of damages is a question that is referred to the Court of a(ltual value received by: the United States from the said seizure, use, occupation, Claims. and detention of his srud property, and to.render judgment therefor. Mr. JONES, of Florida. Will the Senator permit me to ask him a So as to make the bill read : question Y Mr. JACKSON. Yes, sir. That the claim of George E. Payne for the alleged wrongful seizure, use, occu Mr. JONES, of Florida. In what respect does this case differ from pation, and detentip:J?. of his sug~ plantation and oth~r property .in the p~ish ?f Saint Charles. Loms1ana, by military orders of the U ruted States, m 1862, WJth his that of Warren Mitchell Y petition and the papers therewith on the files of the Senate, and all the papers re Mr. JACKSON. Warren Mitchell was a citizen of the State of lating thereto on file in the Treasury Department and the War Department, be, Kentucky at the time he wa.a holding transactions and dealing with and the same are hereby, referred to the Court of 'Claims; and the said court is hereby authorized and empowered to adjudge and determine, after hearing all a belligerent enemy. This man resided on his own plantation, and evidence what amount of damages, if ai MESSAGE FROM THE HOUSE. taken to tell the Congress of the United States what shoulrl be dQue A messa(J'efrom theHouseofRepresentatives, by Mr. McPHERSON, in regard to the property of their neighbors. . · its Clerk, 0 announced that the House had concurred in the third When more than a year since I presented the petition of .tbc Pe amendment of the Senate to the bill (H. R. No. 3208) making appro orias and confederated Miamies in the Indian Territory for a tenure priations for fortifications and other works of defen e, and for the of land in severalty the delegaies of the Choctaws and Chicasaws armament thereof, for the fiscal year ending June 30, 1883, and for and Creeks and Seminoles came immediately to the Senate with a other purposes, and had non-concurred in the first and second amend protest against the passage of any such bill. Not satisfied with their ments of the Senate thereto. own tenure, not satisfied with regulating their own domestic affairs, The message also announce.d that the House had conc~ed in the they undertook then to tell the Peorias and the 1\Iiamies, hundreus of forty-sixth amendment oftbe Senate and non-concurred m all the miles away from their own land, what they should do for their own other amendments of the Senate to the bill (H. R. No. 3830) making benefit and that of their posterity. And now, sir, the Seminole , the appropriations for the consular and diplomatic service of the Gov Creeks, and the Cherokees, without any more interest in the land ernment for the fisoal year endi:ug June 30, 1883, and for other pur involved in this bill than I have, or any other Senator upon thi poses. floor, come here, after the approved custom of the Indian tribes, with PAPERS WITHDRAWN AND REFERRED. a protest against the pa-ssage of a bill in which there can only be upon their part an indirect :md most remote interest. And, l\lr. On motion of Mr. MILLER, of New York, it was Pre ident, in this protest, which I propose simply to notice in pass Ordered That the petition and papers in the case of William H. Young be taken ing, is the remarkable statement reiterated by the Senator from Kan from the flies and referred to the Committee on Claims. sas [Mr. L~GALLS] yesterday over and over again, that the Indians PRESIDENTIAL APPROVALS. in the Indian 'fenitory hold their lands in fee-simple and absolutely A messa(J'e from the President of the United States, by Mr. PRUDE:N, from the Government of the United States. I denied the statement one of his ~ecretaries, announced that the President bad, on the 11th then and I deny it now. I say that the evidence is conclusive and instant, approved and signed the following acts : irresistible, and there can he no question about it, that they do not An act (S. No. 731) appropriating money for the purchase of a site bold these lands in fee-simple, but hold them by a qualified title, and and the erection of a suitable bnililing for a post-office and other Gov by a qualified title alone. ernment offices in the city of Minneapolis, State of Minnesota; I call the attention of the senior Senator from Kansas to what I An act (S. No. 768) to accept and ratify the agreement submitted shall now read. A colloquy occurred yesterday between that Sen by the Crow. Indians of Montana for the sale of a portion of their ator and myself, and I call his attention particularly to a statement reservation in said Territory, and for other purposes, and to make made in it by him. The statement is made in the protest of these the necessary appropriations for carrying out the same; and Seminoles, Cherokees, and Creeks, the salient point in this case, that An act (S. No. 1501) for the erection of a public building at Colum they hold this land in absolute fee-simple f1·om the Government of bus, Ohio. the United States. I deny it, and yesterday I called the attention POST-OFFICE APPROPRIATION BILL. of the Senator to it when he made the statement in these -,.,ords: Mr. VEST. In order that there may be no misunderstanding about the patent, let The PRESIDENT p1'0 temp01·e laid before the Senate the action of me ask the Senator from Kansas whether I shall understand him to say that the the House of Representatives on the amendments of the Senate to terms of the patent are to the effect that the Indians shall hold that land as long the bill (H. R. No. 3548) makin~ appropriations for the service of as they exist as a nation 1 the Post-Office Department for tne fiscal year ending Jm1e 30, 1883, Mr. INGALLS. That is exactly in the language of the treaty : '' To inure to them and for other purposes. while the)· shall exist as a nation." On motion of Mr. PLUMB, it was And the Senator from South Carolina [Mr. BUTLER] asked the Senator :from Kansas if he quoted the treaty of H:l30; and he said Ruolvt Jlel'ial course toward the Southwest, and to the great plains of the connection to state the constitutional relations of the subject. The jndicial de cisions are somewhat confused, althou~h, from the date {i831) of the 'decision of Southwest, and even to Mexico by this handful of Indians with their Chief-Justice Marshall in the Cherok-ee Nation vs. The State of Georgia (5 Peters boasted treaty rights, which do not absolutely and actually exist. 1) to that (1870) of the decision in the Cherokee Tobacco (ll Wallace, 616) the~ Sir, I know that these people have been taught that all of us who ~s been ~marked progress (note especially the decision of Chief-Justice Taney claim the co.mmon rights of American citizenship, the right to go m the Umted States vs. Rogers, 4 Howard, 567) toward the stron.,.er affirmation through their soil, hate them and desire to destroy them. I have of the complete and sufficient sovereignty of the United States. e been abused without stint in the newspapers which they have been We shall see before we get through that it has not only been a pro nble to buy up, as a border ruffian who sought to steal their land, as gress, but the progress has been so great that a point has been reached. l\U invader of their sacred soil, and a violator of their treaties. 'fhen he refers to the report made in 1870 by the Judiciary Commit Mr. President, the State of Missouri wants not their land. The tee of the Senate on the question, and notes the singular fact that State of Missouri is an empirQ of itself, with land for millions more to they played Hamlet and left the part of Hamlet out in failing to come and work out the great problem of our civiliza.tion upon it; comment on the decision of Chief-Justice Taney in The United States · but we claim the right of way, we claim the common rights given by vs. Rogers. After referring to the United States t•s. Rogers ancl the the Constitution of the United States to every citizen, the rights Tobacco Case, he ays. whieh are equal under tha,t Constitution and under the law. In the latter- I say now that the gentlemen who stand here and.who preach the The Cherokee Tobacco case- doctrine that these Indians hold the land in fee-simple and by sov the doctr~e bein:t.e~licitly affirmed, that not only does the caJ?ability of making ereignty equal or m01·e than that of the Government, are the worst a treaty w1th the u mted States, which has been held to reside m an Indian tribe enemies that the Indians can possibly have. There will be some day not exempt that tribe from the legislative power of Congress, but that not eve~ a repetition of the same working out and solution ofthis Indian prob a treaty made and ratified, among the stipulations of which is such an exemption even were that exemption the consideration for cessions the benefit of which th~ lem in the Indian Territory that there has been in other portions of United States has enjoyed and continues to enjoy, can hinder Congress from at any the soil of the United States. We hear of the wrongs of the Indians, time extending its complete legislative control over the tribe. of" a hundred years of dishonor," which has been scattered by Mas ~ith treaties, without treaties, says the author, the court~ have sachusetts all over this land. What are you going to do about it Y decided that Congre can extend its legislative control entirely over What do you propose to do about it Y You have robbed the Indians the tribe. · bf a eontinent. If yon are Christian gentlemet. you will give it back The argument- to them. Restitution is the highest Christian virtue, and I have never believed in the refOI.'mation of any man who did not first pay back That is, of those who contend against this position- what he owed. What do the people of the United States propose to The ar~ent i'l in effect this: the United States makes treaties with foreign nations; tne United States cannot legislate for foreign natl.ons; the United State.'! d.o with the Indians whom they have robbed T Do yon propose to give may make treaties with Indian tribes; ergo, the United States cannot le!!islate for thent back their lands f Do you propose to give them the land on Indian tribes. This course of reasoning implies that the sole obJecti'On t~ th which your capital to-day is located 7 You propose no such thing. United States. legislating for foreign nations is that they make treaties with them. whereas there are several other good and sufficient objections thereto. It also im: The inevitable andinexorable laws ofnatureand ofthe racesandof plies that the sole consideration for the United States treating with Indian tribe . blood have worked thel!lselves out upon this problem as they have in called b,Y Chief-Justice Marshall "domestic dependent nations," is that they can every other portion of the world and in the world's history, and the not legtslate for them; whereas the real consideration has been one of practical problem will work itself out here. If these Indians are wise they will convenience, not of legislative competence. . We shall l?est set forth the constitutional relations of this subject by pre t~nt accept the inevitable result. Nobody desires to break down their mg the preiDlSes, whether of fact or of law, upon which all the judicial decisions treaties; nobody wants to rob them of their land; all we ask is that relative thereto have been founded. they may become amenable to the Constitution of the United States, He gives the decisions, and then he says: to the rights of the people of the States of this Union-this and this We believe the following propositions to be consistent with the fact-s of history alone. and with the latest judicial declSions : · Mr. GARLAND. Mr. President, I am very loth to trouble the 1. The exclusion "by the Constitution of "Indians not taxed." from the basis of Senate again upon this question, and I had not the remotest idea of representation was in no sense a guaranty to the Indian tribes of their political doing so until the memorial to which the Senator from l\fissouri has autonomy, but was a provision in the interest of an equitable apportionment of political power among the States, some States having many Indians within their referred was thrust in upon the Senate yesterday and honored by a limits, others few or none. lllace at length in the RECORD, and was emphasized also by Senators 2. The self-government enjoyed by the Indian tribes under the Constitution of who object to the passage of this bill. That protest is a document the United States, as under the European powers has always been a government in by sufferance, by toleration, by permtssion. The United States, for their own con which is as constant and faithful its attendance upon the sessions venience, have allowed this self-government, because to reduce the savaues to the of the Senate as the ducks are in going south when cold weather comes. condition of submitting to civilized laws would have involved a great e~pense of I have seen it so often now, about nine sessions of the Senate, that, as blood and treasure; wliile throuuh the tribal organization a muoli better govern my little boy wrote me the other day how well he was getting along ment for the purposes of the ci;Ifized power, if not for the welfare of the Indians in his lessons, that he could repeat his A B C's with his eyes shut, themselves, couln be obtained than throu~h an administration which should dis regard that organization. But this t~leration of savage self-government worked no I can repeat that document absolutely with my eyes shut. In the prejudice t~ tlie sovereignty of the United States. few remarks which I made the other day upon this bill I cited the 3. The decay of a tribe in numbers and in cohesion, no matter to what extent very case of Joy vs. Holden, upon which they plant themselves en carried, does not bring the members of such tribe within the municipal jurisdic tion of the State wherein they are found, so long as the tribal organization con tirely, and which has been sufficiently explained this morning con tinues to be recognized by the national GQvernment. (See The Kansas Indians, 5 sistent with our position by the Senator from Missouri. Wallace, 737.) . I do not care any thing about the consent of the council of the That was decided also in Holliday's ca e, where an indictment came Choctaw Nation to this bill. I think it was a great mistake that it up for selling liquor to an India,n. Now, touching this very question: was ever asked. I do not care anything about the vote of Mr. Small 4. Congress is constitutionally competent to extend the laws of the United wood or any other man there in reference to the consent of those States at once over every Indian tribe within the Territories, if not within the people. The broad and the single question, which might just as well States of the Union, even'thou~h treaties may !!Wl.rantee to individual tribes com be met to-day as at any other time, for it constantly recurs here at plete and perpetual political mdependence; fue breach of faith in¥olved in the every session of Congress, is whether those people are an independ latter case being matter for pol!sible conscientious scruples on the part of le¢8- lators, not for judicial cognizance. (See 11 Walla{le, 616; 2 Curtis, 454; 1 Wool ent people or whether they are a people dependent upon the laws of worth, 155.) Congress. • There is a summary of the doctrine in this ~ountry by one of the When the law of Congress was passed and put upon an appropria most competent men who has ever yet handled the que tion in thi tion act as far back as 1871 abolishing any further ideas of treaties nation. Bot here is a case which has been barely referred to. I wish with those people, I contend that the Government then fixed its to read what Judge McLean said upon this subject in a case that. policy with them, that they were no longer independent tribes or came from the district court here in the District of Columbia, :Mackey independent nations in any sense of the word, and it :fixed the policy vs. Cox, 18 Howard : beyond any question or any dispute that the power of legislatins: for No question could arise a J to the validity of the Cherokee law under which let those people was and is iJ]. Congress, unrestricted and unlimited. ters of administration were granted on the el!tate of Mackey, and as the power of We might just as well come to that point to-day as at any other attorney given by tl!e administrators to Raines seems to have been duly authen time. ticated and proved, a payment to the administrator by the Government would I have before me a little book written by Walker, called "The In have been a legal payment. The Cherokee country, we think, may be considered dian Question." The author was Commissioner of Indian .Affairs and a territory of the United States, within the act of 1812. he studied this question closely. He was afterward Superintendent ·That is the territory that this protest says stands there to-day as of tile Census Department. His intelligence and capacity are well an independent, grand nation for all purposes, based upon the decis known to every Senator as well as to myself. He takes this for the ion of Joy vs. Holden in 17 Wallace; but Judge McLean, speaking text of his book : for the entire court, which was unanimous upon this proposition, says that this is a territory of the Unjted States, and he says more: On the 3d of March, 1871, Congress declared that "hereafter no Indian nation or tribe within the territory of the United States ~>hall be acknowledged or recog · In no respect can it be considered a foreign state or territory, as it is within our nized as an independent nation, tribe, or power, with whom the Uirlted States jurisdiction and subject to our laws. may contract by treaty." How much plainer can a proposition be made¥ That is the whole He then proceeds to say that that formed an entirely "new depart ca-se. Lett-ers of administration came from the Cherokee Nation; ure" in the Government with reference to these people. He sums they were objected to as carryinS the right to sue in these courtf.l; >J.P as follows, at page 124: the Supreme Court held that srut c In 187i, at the extra. session of Congress, the senio"r Senator from never to be used by us for any governmental purpose f We ~d not. Kansas [1\Ir. INGALLS] reported a. bill providing for making citizens If we had done so the grant would have been void upon its face, for of the Indians. He reported that bill from the Committee on Indian the right to legislate under the Constitution for the people, a~ Con Affairs, of which he was then a. member and, ifI mistake not, its chair gress may see proper, can never be bartered away, can never be man. At all events he reported the bill and advocated it. He was traded away, can never be sold away. Congress is created by the met at the threshold of that bill with tliis same question propounded Constitution. Suppose every Conaress which had met from 1831 by the then Senator from OLio, 1\fr. Thurman, and by the then Sen down to the present time had pa-ssed a law that we would never take ator from Maryland, l\ir. "Whyte. The Senator from Kan as answered any of this Territ.ory for post-roads-- th:\t question, and I now ask the Secretary to read his response. 1\ir. JONES, of Florida. Will the Senator allow me to ask him a 'file Principal Legislative Clerk read as follows: qu&stionf Mr. L"GllLS. In response to the inquiry made by the Senator from Ohio I will l\ir. GARLAND. I will. call hls attention to the fact that the Supreme Court of the United States in a series .Mr. JONES, of Florida. Have these five civilized tribes of Indians of decisions commencing in 1831 and running down to 1870. wh~n the Supreme under their treaty relations with the United States the right to main Court decided the case of the Cherokee tobacco, the uniform opinion bas been tain a separate political establishment, to pass laws and establish maintained that the United States have the right of absolute sov~reignty over all tile Indians within their jurisdiction. So that, whether there have been treaty usaaes for their own government and control f rolationR established with these nations or or~anizations , yet the Congress of the ~fi:. GARLAND. Yes, for their o,v-n domesticgovernmentand con United States havtl a right to enact laws in dfrect opposition to those treaties and trol. in abroaation of those treaties, the question being merely, as the court say, one for the conscience of the legislators, not going to the 1ight of Congress to pass the Mr. JONES, of Florida. Is it usual for the United States, even in Jaw. Territories outside oftheindianTerritory, where there exists a local Tile principle is now too well e tablisbed to permit contradiction that, whatever government, to grant charters or rights of way to railroad compa may be the treaty relations between the Government and the nations of Indians, nies, independent of the local Legislatures f whatever may be their present condition, whether their political functions have sod windled away that they have become incapable of any form of self-government, .Mr. GARLAND. Oh yes. the authmity of the United States to legislate for them in any manner whatever is l\Ir. JONES, of Florida. Is that usual f abso1utely undeniable. That is the conuition in which the India.IM a.re now left by Mr. GARLAND. It has been done. the latest decisions of the Supreme Court. Mr. JONES, ofFlorida.. Over the heads of the localLegislatnresf Mr. THU.RMA.~. Will the Senator name a. case in which the Supreme Court has Mr. GARLAND. Ye~, sir. dec~~ So the whole theory, as read the other day by the Senator from no right of eminent domain beyond what may be neceBSary for th& Texas, and repeated by others upon th~s floor, was that here are pub great public purposes specified in the organic law itself. That Con lic improvements made by the Government under the power given gress has a right to take land for a dock-yard, for a fort, for an arse by the Constitution. Shall these people say, "you shall not carry nal, for any of those specified objects in the "Constitution essential to it through our country;" and yet you can walk into Cincinnati and the maintenance of the national authority, I do not deny i but that take a ·gentleman"s property there and pay him for it under the law it has a right to go into a State and take the property ot a citizen prescribed by Congress f We seek to pay these people what is just there for the benefit of a corporation I do deny. I deny that, and I and proper for this right of way. The amendment which has been do not suppose anybody will go so far as to contend for it-not now. read, to be offered by the Senator from Kansas, [Mr. PLUMB,] is am There is no telling what men may contend fqr a few years hence if ple in that direction, and that is all that Congress is required to do. we keep on1 but I do not say that anybody t:>.oes that far. Mr. Pre&ident, let me make one more suggestion. Suppose the amend Let us look at the condition of those civilized tribes of Indian '. ment of the senior Senator from Kansas [Mr. INGALLS] is passed, They are living within a territory ceded to them under the solemn and their council is called; some one goes down and asks them for stipulations of a public treaty. It is said here that they have no this right of way, and they deny it. Then, let me ask, what is the rights other than belong to ordinary citizens of the United States. Government to do f Let us look at the question practically. We Is it possible that this book filled up with the most solemn public adopt the amendment, and we appeal to the council to grant ~he treaties is altogether a work of supererogation f Is it possible that right of way, and they say they will not do it; then what are you this Government from its foundation up to the present day has pur to do f What next f Will this nation then send a commission down sued the practice of dealing with the Indian tribes just as it has dealt with a polite letter a-sking them to please give it to us f If they do with foreign states, and does all that mean nothing f Where have not, then what will you do ; still send another f In the mean time we any instance of this Government treating with the people of the all this country that surrounds the Indian Territory is cut off from a United States by treaty t Is there a treaty on the statute-book to-day direct communication with it, when we have a general statute adopt between this Government and any citizen of the Unjon, or any com ing these railways as a part of our postal agency. bination of its citizens f Are you to look at this great volume of It is for a public purpose that this is asked, just as the condemna treaties executed with all the solemnity which attends the execution tion of the property of Mr. Kohl was asked for a public purpose; of treaties with foreign powers, and then turn around and say that that was, for the erection of a post-office in the city of Cincinnati. these things mean nothing, and that the tribes and nations which I do not care anything about your treaties. I want to pay these made these treaties occupy precisely the same relation toward the people· an equivalent,.just as Kohl was paid an equivalent in the Government of the United States as its own citizens t Sir, that can State of Ohio for his right; but I am not ready to say that we must not be maintained. That is not the doctrine of the Cqnstitution or dance attendance upon the Indian council to see whet.her or not they of the law. The practice and the fundamental law have settled it will consent for us to go through with our public highway for com otherwise. The Constitution· says: mercial purposes, and military it may be, and for the postal services The Congress shall have power to re£Ulate cmnmerce with foreign nations and of this country. among the several States, and with the "lndian tribes. The best recognized authorities in the country do not sustain that If I am not mistaken this is the only case where the Constitution position. It is simply with Congress whether it is a matter of neces speaks of the Indian tribes, and how does it speak of them Y It sity and expediency. "That it is there can be no doubt. That hae speaks of them in connection with States and nationalities. It doe been shown amply bythe Senator from Missollri.[Mr. VEST] and the not speak of them nt all as citizens of the United States over whom Senai.;or from Texas [Mr. MAxEY] who addressed the Senate the the absolute power of legislation exists. This Government, as we other day. I care nothint:> about the treaties, and I care nothing know, does not. possess the absolute power of legislation over the about their consent. I think it was a misfortune that any step of people of the States nor over the citizens of foreign nation , nor does that sort was made, for we are now placed in this category: if this it over the Indian tribes. Hence the framers of the Constitution in amendment iS carried, and they denythe right of way, weare put in fixing the condition of these tribes put them side by side with the the predicament of standing here either to retrace our steps Ol' simply States and with foreign nations, and this Government, from the time to go and beg their pardon for being so imprudent as to ask to carry of its creation to the present time, has dealt with them, so far as our postal facilities over that country, when under the Constitution engagements are concerned, in the way that it has been accustomed we are to regulate commerce among them. We bring them down to deal with independent States. It has made public treaties with from the Indian nation and try them by jury in the State of Ar these people. It has made public treaties with these five nations, kansas for offenses from the pettiest to the largest, and yet you talk which are on your statute-book. Still it is insisted that in the face about their being an independent nation which must be treated with! of those treaties-I am not ar(J'uing that there is anything ia them They are a domestic dependent nation ; domestic with us and depend to interfere with this act of Congress-but it is argued here that, ent upon acts of Congress, and look to Congress for legislation. That notwithstanding those treaties, we may legislate as we think proper is all there is of it; that is all the authority which has been com for theseA~~ple. mitted to them. Mr. M Y. Will the Senator from Florida permit me to call his Mr. JONES, of Florida. lli. President, I regret very much that I attention to the position of the Supreme Court on the point he makes am unable to concur in some of the conclusions arrived at by the as to their relations to the United States f advocates of this bill, and especially in the rea-soning by which those Mr. JONES, of Florida. Yes, sir. conclusions are reached. The Senator from Arkansas who has just Mr. :MAXEY. The Supreme Court has ruled upon the exact point taken his seat [Mr. GARLAND) is well known to the country and to the which the Senator makes in the case of the Cherokee Nation vs. The Senate as a thoughtful man, and if there is anybody able to build up State of Georgia. About that the court says this : a stron(J' argunienton a weak ground it is he. When he brings into They occupy a territory to which we assert a title independent of their will, this debate the case of the Pensacola Telegraph Company t:B. The which must take effect in point of possession when their right of possession ceases. Western Union Telegraph Company, to uphold this bill, I respect Meanwhile they are in a state of pupilage. Their relation to the United State resembles that of a ward to his guardian. They look to our Government for pro fully decline to accept in my capacity as a Senator the doctrine of tection; rely npon its kindness and power; appeal to it for relief to their wants ; that decision. I will say here now that if any bill before this body and address the President as their great father. They and their country are con· has to bo supported upon that decision I will not vote for it; for sidered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States that any attempt to acquire while that decision received-the sanction of a majority of the court their lands or to form a political connection with them would be considered by all against two of the strongest disse:11ting judgments that have been as an invasion of our territory and an act of hostility. (5 Peters Reports, 17, 18.) rendered in modern times, I shall never in my character as a Senator Mr. JONES, of Florida. I subscribe to everything in that decision. subscribe to that doctrine. I am not bound by it ; of course as the lli. MAXEY. That shows their relation to the United States. attorney of the party before the court I was; but I cannot accept Mr. JONES, of Florida. I do not think that tribe had then any the. doctrine therein laid down for my guidance as a legislator. right to their lands under treaty with the United State . I remem That decision affirmed the right of Congress, contrary to a series ber the gre-a,t controversy that that case created. of decisions that were overwhelmingly the other way, to obtrude Mr. MAXEY. If the Senator will excuse me for a moment, I am i~elf into the States and set up the authority of the General Govern quoting that decision, not with respect to the title to their property, ment with respect to a local matter against the expressed will of the but the Supreme Court decided in that case that the Indians are Legislature of the State. I understand the tendency of the times ; I completely under the sovereignty and dominion of the United States, understand the tendency of judicial opinion; I understand the drift and any invasion of their territory would be regarded a an inva ion of legislative opinion; I understand it so well that I would stop it of our territory and an act of hostility. That was the point, anrl it if I could; and while I am di posed to stay the hand of centraliza was to that point that the Senator was addressing himself. tion and keep the authority of this Government within just bounds, Mr. JONES, of Florida. I certainly think if any foreign power I shall never go to the extent that some gentlemen say we ought to undertook to invade the Indian Territory we would resent it; most go in great measures of public policy and in the face of the organic assuredly I would say so; but that is not the case here. We have law of the land. · entered into treaty stipulations-- I regret very much that my convictions are against some of the Mr. MAXEY. I do not think the Senator caught the entire quo- arguments I have heard with respect to this measure. I have heard tation: · something said about the right of eminent domain. I have heard They and their country are considered by foreign nations, ~s well as by our· that right for the first time invoked here in behalf of a railroad cor selves, as being so completely under the sovereignty and dominion of the United pora.tion on the part of the Government of the United States. I have States that any attempt to acquire their lands or to form a political connection been taught as a student of the Constitution of the Union that it is with them worild be co.nsidered by all as an invasion of our territory and an act an inBtrument of delegated powers; that the authority of this Gov of hostility. ernment is limited to the extent of those powers, and that it possesses Mr. JONES, of Florida. ·wehaveenteredinto treaty stipulations 1882. QONG~~.~SIONAL REOORD-,SENA~E. 280;[ with the five nations by which to-da~ they are exercising all the highest stage, nearly, of civilization, and with little or no aid from the powers of local self-government, n,ot under alaw regulating the Ter Government1 we find them to-day an industrious, an educated, and ritory. The Constitution says that Congress shall have power to an intelligent people. This is the great object that this Government make laws for the government of the Territories. When the Utah has had in view for years with respect to the other tribes. bill was up here the other day I took occasion to express very freely We have heard it stated here on the floor of the Senate time aft-er my opinion with respect to the power of the Government over the tjme that the barbarous tribes of Indians on this continent were cost TeiTitories of the United States. I differed somewhat with my col ing this Government millions of money and large quantities of our league [Mr. CALL] and the Senator from Alabama [Mr. MORGAN] as best blood, and the brains of statesmen have been racked for the pur to our powers over the Territories. I contended that we had the pose of devising some means by which those wild tribes miaht be unqualified right of legislation, but I saythatwhen an Indian tribe, reclaimed from barbarism to civilization and the Government saved mamtaining its tribal organization, occupying a portion of our ter the great expense necessary to conquer tb,em and to keep them in a ritory, enters into a treaty stipulation with the Government of the state of subjection. United States under which certain rights are guaranteed to that In the case of the five tribes referred to in these treaties we have tribe of Indians, the tribe hav~ privileges or rights under that treaty no trouble. They have, so far as they are concerned, vindicated the entirely .different from those that appertain to the citizens of any theory that it is possible to reclaim a savage man and to make him Territory of the Union. civilized and cultured. We have entered into engagements with Mr. MORGAN. I will say to the Senator from Florida that he mis them, and in dealing with those people I for one say that I would understands my position about this matter. I believe we have the strain the law always in their favor rather than to give them the unqualified right to legislate for the Indians as much as we have the least opportunity of pretense for complaint. I know the sympathy right to legislate for the people of the Territories. that exists between men of kindred blood, and I know when the least Mr. JONES, of Florida. I did not say anything to the contrary. ~ound for bad faith exists and when it goes out through the civil Mr. MORGAN. Where we have made a treaty with the Indians Ized tribes to the barbarous tribes that the white man cannot keep which stands in the way of that right, it is our duty to abrogate faith even with the civilized Indian, it will have a demoralizing ef it and to exercise our right as convenience and public necessity fect upon those whom we are yet anxious to reclaim, and may impede require. our progress in redeeming by the processes of civilization the vast Mr. JONES, of Florida. I do not go to that extent. I did not numbers oflndians who now worship false gods. I would deal with undertake to misrepresent my friend. I only mentioned the fact that them, therefore, more leniently and considerately and kindly than I when the polygamy bill was before the Senate, I think he with would even with our own people ; and if there was a doubt respect others contended that the absolute power of legislation did not exist, ing our right to obtrude ourselves into their territory I would not and that there were some rights in the people of the Territories. I go, and if there .wa.s a question as to the propriety of remitting the say that the Indians with whom we have treaty stipulations have matter to their decision I would refer it, and I would not assert the not only equal rights with the people of the Territories but they great authority and power of this Government against a weak and have greater rights, for this Government has entered into solemn tefenseless people. obligations with them, just the same as it has with foreign states. I am not arguing now from our right under the law; I am arguing Let us see what Ji2hts they possess. from principles that point out our duty as a great state tl).at has hun Mr. MAXEY. Will the Senator let me interrupt him for a moment dreds of thousands of these unfortunate people within it..o; jurisdic <>n that pointY tion. This question has been argued here a.s thouah we were dealing Mr. JONES, of Florida. Yes, sir. with men of our own blood in the Territories of tt:e Union. It pre Mr. MAXEY. Because I know the Senator wants to be right. sents to my mind a very different question. Under our treaties we Mr. JONES, of Florida. Yes, that is all. have conceded to them the right to make local laws and to adopt Mr. MAXEY. The Senator implied a moment ago that the Indians local usages for their own control and government, and when it comes of the Cherokee Nation · Mr. VEST. Will the Senator permit me to put a few facts in his I should have to answer as my friend from Kansas did yesterday, argument! The Senator asks why should Congress have anything that I do not know. One party come here telling usthatthey have to tlo with it. You cannot buy a stick of timber, you cannot get a obtained the legislative consent of the Choctow Indians to go through railroad tie, you cannot make a contract of any sort ·with these In their territory, and that they had agreed upon a certain amount to dians without the assent and rati£.cation of the Secretary of the pay them in consideration of that right. The other party comes and Interior; and yet the Senator says Congress has nothing to do with says that the bill granting the right of way was not passed, that it their land. You cannot buy a solitary thing from them without the wa-s lost by a tie vote. At any rate this shows that there were par assent of the Secretary of the Interior. ties there and men there representing both sides of this question, Mr. JONES, of Florida. Congress is not the Secretary of the and that a very large minority, if not a majority, were in favor of Interior-! reply to the Senator from Missouri. making some kind of a contract by which this raill'oad comp ship to market whatever produce they raise in thiB country. The AGRICULTURE .ili'D MECHA.J..·~-IC ARTS. Senator from Kansas, [1\lr. INGALLS,] who spoke of the great pro Mr. CARPENTER. I ask unanimous consent that the Committee- gress the Indians were making, will admit that they have to find of the Whole Hoose on the state of the Union be discharged from the markets like other people, and if roads are brought to their neigh further consideration of the bill (H, R. No. 5272) to amend the act borhood they enhance the value of their property and enhance the donating public lands to the several States and Territories which may value of every thing they raise in their country, and therefore they provide colleges for the benefit of agriculture and the mechanic arts,. receive the same advantages that would be received by the same and that the bill be now put on its passage. number of white people. Mr. RANDALL. I call for the regular order. I say, then, if you undertake to fix a value and want to do it fairly Mr. SPRINGER. I objected to this bill yesterday-- you have got to go outside of the Territory and select men who have 1\-lr. HOLMAN. I think there will be no objection to the bill with no interest in it, who will act fairly and honestly, or else you have an amendment. got to fix it here; and inasmuch as we have given them 50 per cent. The SPEAKER. The gentleman from Pennsylvania calls for ·the more than they asked in the bill proposed in their own legislature, I regular order. believe we have come as near to the -proper amount as could be reached in any other way. · CONSULAR AND DIPLOMATIC APPROPRIATION BILL. Mr. MAXEY. Will the Senator from Nebraska allow me to say a Mr. BURROWS, of Michigan. I am directed by the Committee word on that pointY There are, by calculation, 2,648 acres in the line on Appropriations to report back with Senateamendmentsthe bill (H. of railroad proposed by the committee. The price per annum is R. No. 3830) making appropriations for the consular and diplomatic $3,000. That is 4 per cent. on $75,000; and that would make the ex service of the Government for the fiscal year ending June 30, 1883,. act amount, payable yearly, as if 75,000 was paid to them in gross, and for other purposes. The committee recommend non-concurrence which would be nearly $30 an acre. in all the amendments except one. Mr. SAUNDERS. I have made no calculation of it, but that is Mr. HOLMAN. I think that when an explanation has been made very much better for the Indians than if the money was paid into there will be no objection to the bill proposed by the gentleman from their hands, for then it would probably be squandered, and in a very Iowa, [Mr. CARPENTER. J few years at furthest they would have none of it left. But here is The SPEAKER. The gentleman from Pennsylvania [l\lr. RAN a perpetual income every year ; it comes to them for all time, and it DALL] demanded the regular order. is placed in as good a situation as we could possibly do it. So I say Mr. RANDALL. I do so yet. there is no better place to fix that matter than right here in Con Mr. BURROWS, of Michigan. There are some fifty-three amend gress, and for us to get the facts as near as we can ; and I am very ments proposed by the Senate to the diplomatic and consular bill. anxious to hear the Senators talk on that point more than on the I move non-concurrence in all except one. others. As I said, while I want to look out for the Indian interests, I The SPEAKER. Is it desired that the amendments shall be sev am ready to declare that railroads in so large a district of country erally read f as that should not be prohibited without stronger reasons than hav'e Mr. COX, of New York. I hope that will be avoided. We can,. been given against them here, and I am ready for one to vote, unless without reading, pon-concur iu all the amendments except the one I am convinced that we are too low in the amount, for the bill as it in which the committee recommend concurrence. stands. I am certainly ready to vote for a bill to carry the road The SPEAKER. Tke question is on non-concurring in the various through that country just as soon as we can a-scertain what should amendments as to which the Committee on Appropriations recom be the proper amount, and thinking that we have probably got to mend non-concurrence. that, I am ready to vote for the bill as it is. The question being taken, the amendments were non-concurred in. Mr. CAMERON, of Pennsylvania. I move that. the Senate pro- The forty-sixth amendment of the Senate in which the Committee ceed to the consideration of executive business. on Appropriations recommended concurrence was read, as follows: Mr. VEST and others. Let us vote on this bill. After line 269 insert the following: Mr. MAXEY. I think we can get a vote on thiB bill. "And hereafter the Secreta~ of State shall, in the estimates for the annual ex penditures of the expenses of diplomatic and consular service, estimate for the en Mr. CAMERON, of Pennsylvarua. I do not think that we can get tire amount required for its support, including all commercial agents and oth"er a vote. officers~ whether paid by fees or otherwise, specif.r,IDg the compensation to be Mr. MAXEY. There is a general disposition, I think, to bring the allowea or deemed advisable in each indiyidual case. ' debate to a close. The matter has been fully discussed, and I should The amendment wa.s concurred in. like to have a decision. Mr. BURROWS, of Michigan, moved to reconsider the vote by Mr. CAMERON, of Pennsylvania. I think it has been fully dis which the amendment was concurred in; and also moved that th~ cussed for three or four days. motion to reconsider be laid on the table. Mr. HARRIS. If no other Senator desireR to be heard on the bill The latter motion was agreed to. we can dispos(j of it in a few moments, if the Senator from Pennsyl vania will withdraw his motion. FORTIFICATIO~ APPROPRIATION BILL. Mr. INGALLS. It is obvious after the arguments made by the 1\lr. FORNEY. I am directed by the Committee on Appropriations. Senator from Arkansas [1\lr. GARLAND] and the Senator from Mis to report back with Seuate amendments the bill (H. R. No. 3208) souri [Mr. VEST] that it is appropriate that I should have some time making appropriations for fortifications and other works of defense, for reply, and I will add also that when the present amendment is and for the armament thereof, for the fiscal year ending June 30, ?Jspose~ of _there a_re others to be offered to t~e text of the bill. My 1883, and for other purposes. 'l'he committee recommend non·con ImpressiOn IS that It cannot be concluded to-rught, and that it would currence in the first and second amendments of the Senate, and con be a-s wise to f!O into executive session. currence in the third, which is merely verbal. Mr. CAMERON, of Pennsylvania. I think I have the floor, and I The SPEAKER. The amendments will be read. renew my motion. The first amendment of the Senate was read, as follows: The PRESIDENT pro tempm·e. The Senator from Pennsylvania On page 1, in lines 16 and 17, strike out the words "including the conversion- moves that the Senate proceed to the consideration of executive of smooth·bore cannon into rifles.'' J>usiness. The amendment was non-concurred in. The motion was agreed to; and the Senate proceeded to the con The second amendment of the Senate was reao, as follows: sideration of executive business. After one hour and twenty-two Insert the followin~ as a new section : minutes spent in executive business the doors were reopened, and "SEc. 2. That the Secretary of War is hereby authorized, at his discretion, to issue, on the requisition of the governor of a State bordering on the sea. or Gulf (at five o'clock and thirty-seven minutes p. m.) the Senate adjourned. coa.<>t, and having a permanent camping ground for the encampment of the militia not less than six days annually, two heavy guns and four mortars with carriages and platforms, if such can be spared., for the proper instruction and practice of the militia in heavy artillery drill, and for this purpose a suitable battery for these cau non will be consuucted ; and for said construction and the transportation of said. HOUSE OF REPRESENTATIVES. cannon, &c., the sum of $5,000 is hereby appropriated for supplying each State· that may so apply." WEDNESDAY, Ap'ril 12, 1882. The amendment was non-concurred in. The third amendment of the Senate was read, as follows : The Hoose met at twelve o'clock m. Prayer by the Chaplain, Rev. Strike out at the end of the bill the following : F. D. POWER, D. D. "The total sum appropriated by this bill is $375,000." The Journal of yesterday's proceedings was read and approved. The amendment was concurred in. REPORTS FROM COMl\IITTEE 0~ COMMERCE. Mr. FORNEY moved to reconsider the vote by which tho third-. amendment of the Senate was concurred in; and also moved that the M:. COX, of ~ew Yor~, by unanimous consent, submitted the fol motion to reconsider be laid on the table. lowmg resolution ; which was referred to the Committee on the Rules: The latter motion was agreed to. ORDER OF BUSTh~SS . .Resolved, That the seventh clause of Rule XI be amended by addin rr at the end of the paragraph the following: "' Mr. RANDALL. I call for the regular order. "frovideiJ.• That in rel?orting bpls making appropriations for the improvement Mr. ROSECRANS. I ask unanimous consent for the present con of nvers a:na harbors, srud Com.IDlttee on Commerce shall make said report iD two S'3parate bills; the first to include all appropriations for improvements upon th.e sea sideration of House bill No. 1~, to establish an assay office at Dead lake, and Gulf coasts and the rivers navigable through two or more States or partS wood. It has been favorably reported-- of States; the second to include rivers oflocal or State commerce only." The SPEAKER. The gentleman from Pennsylvania has callod foD . l 2810 CONGRESSIONAL RECORD-HOUSE. APRIL 12, the re ' 1882. CONGRESSION-AL RECORD-.HOUSE. 2811 ommendation, was referred to the Committee ofthe Whole House on a favorable recommendation the bill (H. R. No. 3985) for the relief the Private Calendar, and the accompanying report ordered to be of the owners of the schooner Walter B. Chester; which was referred printed. to the Committee of the Whole House on the Pri \?ate Calendar, and WILLIAM RICKARDS. the accompanying report ordered to be printed. Mr. JOYCE, from the Committee on Invalid Pensions, reported back JOSHUA JOHNSON. the bill (H. R. No. 1442) for the relief of William Rickards; which Mr. HOLMAN, from the Committee on War Claims, reported back was referred to the Committee of the Whole Honse on the Private with an adverse recommendation the bill (H. R. No. 4946) for the relief Calendar, and the accompanying report ordered to be printed. of Joshua Johnson; which was referred to the Committee of the ALBERT o. MILLER. Whole Honse on the Private Calendar, and the accompanying report Mr. JOYCE also, from the same committee, reported back the bill ordered to be printed. (H. R. No. 1543) granting a pension to Albert 0. :Miller; which was MO~TUME.l'IT TO THOMAS JEFFERSON. referred to the Committee of the Whole House on the hivate Cal- Mr. GEDDES. I am instructed by the Joint Committee on the enda.r, and the ac~ompanying report ordered to be printed. Library to report back with a favorable· recommendation the joint THOM.A.S w. ROTHROCK. resolution (H. R. No. 175) providing for the erection of a monument :Mr. JOYCE also, from the same committee, reported back the bill over the grave of Thomas Jefferson, and to request that it be put on (H. R. No. 1451) granting a pension to Thomas w. Rothrock; which its passage at the earliest possible moment. I would inquire of the was referred to the CommitteeoftheWholeHouseon the Private Cal- .Chair whether that maynotnowbedonef The same resolution wa · rt d d t b · ted reported from the same committee to the Senate, was passed, and is end ar, an d t h e accompanymg repo or ere 0 e prrn · now on the Speaker's table. I would like to take that resolution IIIYRON FELLOWS. from the Speaker's table and put it on its passage. I think no one Mr. JOYCE also, from the same committee, reported back with an will object. adverse recommendation the bill (H. R. No. 5035) granting a pension The SPEAKER. The Chair will state that at almost any time out- to Myron Fellows; which was ordered to be laid on the table and the side of the morning hour that request can be submitted. accompanying report printed. The joint resolution_was referred to the Committee of the Whole ELIZABETH s. SEELEY. House on the state of the Union, and the accompanying report or- Mr. RICE, of Ohio, from the Committee on Invalid Pensions, dered to be printed. reported back with an amendment the bill (H. R. No. 450) for the COLUMBIA AND WILLAMETTE RIVERS. relief of Elizabeth S. Seeley; which was referred to the Committee Mr. GEORGE, from the Committee on Commerce, reported back of the Whole House on the Private Calendar, and, with the accom- with a favorable recommendation the bill (H. R. No. 3753) extend- panying report, ordered to be printed. ing the operations of the Light-House Board over the Columbia and LOUISA BAINBRIDGE HOFF. Willamette Rivers, in Oregon, and making an appropriation there- Mr. BROWNE, from the Committee on Invalid Pensions, reported for; which was referred te the Committee on Appropriations, and back with favorable recommendation the bill(S.No. 526)fortherelief the accompanying report ordered to be printed. of Louisa Bainbridge Hoff; which was referred to the Committee of CIRCULATION OF NATIO:NAL BANKS. the Whole House on the Private Calendar, and, with the accompany- Mr. CRAPO, from the Committee on Banking and Currency, re- ing report, ordered to be printed. ported, as a substitute for House bills Nos. 2469 and 3327, a bill (H. JUSTUS BEEBE. R. No. 5806) to amend section 5171 and repeal section 5176ofthe Re- Mr. BROWNE also, from the same committee, reported back the vised Statutes, in relation to the circulation of national banks; which bill (H. R. No. 800) grantin~ a pension to Justus Beebe; which was wasreadafirstandsecond time, referred to the House Calendar, and, referred to the Committee ot the Whole House on the Private Calen- with the accompanying report, ordered to be printed. dar, and the accompanying report ordered to be printed. ENOCH TAYLOR. MERRITT LEWIS. Mr. PAYSON, from the Committee on the J ndiciary, reported back with an adverse recommendation the petition of Enoch Taylor; which Mr. BROWNE also, from the same committee, reported back the was laid on the table, and the accompanying report ordered to be 3ill (H. R. No. 801) to increase the pension of Merritt Lewis; which printed. was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. MATTHIAS APP. 1\h. PAYSON also, from the same committee, reported back with LABAN CONNOR. an adverse recommendation the petition of Matthias App, of :Mem Mr. BROWNE also, fi:om the same committee, reported back the phis, Tennessee, to refund tax paid the United States tax commis bill (H. R. No. 803) granting a pension to Laban Connor; which was sioner at Memphis, Tennessee; whlch wa laid on the table, and the referred to the Committee on the Private Calendar, and the accom accompanying report ordered to be printed. panying report ordered to be printed. CONTESTED ELECTION-BAYLEY VS. BARBOUR. BETSEY A. SMITH. Mr. WAlT. I rise to submit a privileged report from the Com Mr. WEBBER, from the Committee on Pensions, reported a bill mittee on Elections in the matter of the contest of S. P. Bayley vs. (H. R. No. 5805) granting a pension to Betsey A. Smith; which was John S. Barbour, eighth Congressional district of the State of Vir read a first and second time, reterred to the Committee of the Whole ginia. I ask the Clerk to read the resolution. House on the Private Calendar, and, with the accompanying report, The Clerk read as follows: ordered to be printed. Ruolved, That John S. :Barbour was duly elected and is entttled to a seat as a LANDS TO FLORIDA PARISHES, LOUISIANA. member of the Forty.seventh Congress from the eighth Congressional district of the State of Virginia. Mr. PEELLE, from the Committee on Claims, reported back the 1\Ir. WAIT. The action ofthe.committee was unanimous in pass bill (H. R. No. 587) relinquishing and granting to the Florida par ing this resolution. I ask for its pre ent consideration if that is now ishes of the State of Louisiana public lands as compensation to the in order. people thereof for services in acquiring said Territory from Spain in The SPEAKER. The question is on the adoption of the resolution. 1810; and moved that the committee be discharged from the !luther The resolution was adopted. consideration of the same, and that it be referred to the Com.nrlttee on the Public Lands. Mr. WAIT moved to reconsider the vote by which. the resolution was adopted; and also moved that the motion to reconsider be laid The motion was agreed to. on the table. GEORGE C. JENKS. The latter motion was agreed to. Mr. BUCHANAN, from the Committee on Claims, reported back The SPEAKER. The report will be printed as u ual. with a favorable recomm dation the bill (H. R. No. 1065) for the ORDER OF BUSINESS. relief of George C. Jenks; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying 1\h. GEDDES, I think there will be no objection to my now call report ordered to be printed. ing up the resolution for the erection of a monument over the grave of Thomas Jefferson that jt may be put upon its passage. CHARLES P. W A.t"'ffl"ALL. The SPEAKER. The gentleman from Ohio ask unanimous con l\Il'. RAY, from the Committee on Claims, reported back with an sent to take from the Speaker's table for present consideration the adverse recommendation the bill (H. R. No. 2548) for the relief of Senate joint resolution (S. R. No. 56) providing for the erection of a Charles P. Wannall; which was laid on the table, and the accom monument over the grave of Thomas Jefferson. panying report ordered to be printed. 1\h. REED. I call for the regular order. JACOB LUCAS. 1\h. MANNING. I hope the gentleman from 1\faine will not insist on the regular order. This can be disposed of in a moment. It is Mr. RAY also, from the same committee, reported back with a not desired to discuss the resolution. favorable recommendation the bill (H. R. No. 3908) for the relief of Mr. REED. :My object is the promotion of the public business. Jacob Lucas; which was referred to the Committee of the Whole I think that until we get through with the discussion of the measure House on the Private Calendar, and the accompanying repOl't ordered now pending in Committee of the Wholo we ought to devote our to be printed. selves to it. If it is important enough for the discus ion upon it to OWNERS OF SCHOOI\""ER WALTER B. CHESTER. run so long a-s it has it is important enough for us to attend to it and Mr. BOWMAN, from the Committee on Claims, reported back with devote our time to it. That is the reason I object. 2812 CONGRESSIONAL RECORD-HOUSE. APRIL 12,. Mr. MANNING. In the time which the gentleman has taken to to supply the domestic demand; that they had established woolen deliver himself of his objection the joint resolution mi~ht have been mills for domestic manufactures, and that linen and cotton, for shirt pa-ssed. It passed the House on a former occasion with 1ess talk than ing, were made; that they " manufactured brown hollancls for has now occurred. women's wear," and that the Assembly of Massachusetts had voted :Ur. KASSON. I move that theHouseresolveitself into Committee a bounty of thirty shillings for every piece of duck or canvas mJ.nu of the Whole on the state of the Union, for the further consideration factured in the province; that great quantities of hats and leather of the tariff-commission bill. we1·e manufactured and exported to Spain, Portugal, and the West Mr. ANDERSON. I desire to ask the gentleman from Iowa [Mr. Indies; that in :Massachusetts they had set up a paper-mill; that they KAssoN] if he thinks the discussion upon that bill can be closed this had established iron works, six furnaces and nineteen forges, and one week f The special order for the enlarging of the powers and duties slitting mill, for the manufacture of bar iron, and of "cast iron, or of the Commissioner of Agriculture was set for the 27th of March last. hollow ware"-" all sorts of iron for ships "-and" a manufactory for I wish to give notice that I will endeavor to call up that special or nails;" and that they "built many brigantines and small sloops,'~ der not later than Tuesday next. I would like to inquire of the gen which they sold in the West Indies. tleman whether be thinks this tariff discussion will be out of the In the opinion of this equitable board these were very culpable road this week T practices. But it found some comfort in the fact that the high price Mr. KASSON. I will answer the gentleman as I have answered of labor in America rendered it improbable that the colonists would the same question privately: that we are endeavoring on both sides be able to compete with the English manufacturer even in the pro of the House to come to an understanding for an early termination vincial market. It nevertheless gravely urged that'' some expedi of the debate in Committee of the \Vhole. I am not now prepared ent" should be adopted to divert the plantations from "undertak to make a distinct proposition, but I may be able to do o to-morrow ings of.this nature," "because these manufactures in process of time after further consultation. may be carried on in greater degree unless an early stop be put t() The House accordingly resolved itself into the Committee of the their progress." Whole, Mr. CAMP in the chair. MEASURES OF BRITISH TRADERS TO DESTROY COLOl\'IAL MANUFACTURES. TARIFF-cOMMISSION BILL. Early efforts were made to stop their progress-to crush out all The CHAffiMAN. The House is now in Committee of the Whole colonial manufactures. An act (5 George IT, 1732)was passed which on the state of the Union, and by special order will proceed to the prohibit~d the "exportation of bats" from any of his majesty's colo further consideration of the tariff-commission bill, upon which the nies inNorth America, and prescribed regulations for the government. gentleman from Michigan [Mr. HUBBELL] is entitled to the floor. of provincial" hat-makers." Under this act no hats of colonial man Mr. HUBBELL. Mr. Chairman, I favor the commission proposed ufacture could be exported from the provinces to any foreign port; by the bill. Believing sir, a..s I do, that through our system of pro nor could they be transported from one colonv to another, nor •• be tection to American industry we have secured that genuine element laden upon any horse, cart, or other carriage'' for the purpose of ex of national power, a race of workingmen, "intelligent, benevolent, portation, except under heavy penalties. Nor was a person allowed courageous, and robust," and that upon it rests their independence, to make hats unless he had served an apprenticeship of seven years, their prosperity and happiness, and those of their families; believ nor allowed to have more than two apprentices at one time, and ing, also, that the principles or machinery of the system is so thor blacks or negroes were prohibited from working at the business. oughly interwoven with the welfare and life of all our industries, I That was at that date the British notion of" free trade"-a charac should favor material or radical changes in our tariff laws, or any of teristic example of the measures by which the British trader at their arts, only after the fullest and broadest inquiry into their prob tempted to secure or enforce ''free trade." able effects. Such an inquiry I do not believe practicable by this House COLONIAL llANUFACTURES OF ffiO~ DECLARED A" COIDION NUISA..~CE." in the hurry and scramble of legislation and amid the hundred con flicting-interests which claim our attention and time. Hence, I favor All the industries of t.he colonies, all which conflicted with or men the appointment of a commission of intelligent, patriotic, and prac aced the profits of.the British trader, all were made to suffer under· tical men,with ample powers and the leisure to inquire into and this intolerant power of Parliament and the Crown in support-or study the condition of our industries in all their ramifications and the imperial monopolist. The English iron manufacturer wa as bearings, and in their relations to the tariff, and to report to Con rapacious then as are his Cobden representatives of to-day. He gress the results of their labors. demanded that the manufacture of iron in the British plantations And now, sir, in support of the policy of protection, and in exposi should be absolutely destroyed. He was willing that the colonists tion of my reasons for favoring it, I propose to review sotne of the should reduce the iron ore, with which his lands abounded, into pig& principal features of its history, and the actual fruits of the policy. and even bars, but he demanded the absolute monopoly of all mar. Sir, the attempt, so long persisted in through the most tyrannical ufactures of iron beyond that state. Hence, in 1750, an act of Par measures by England, to enslave or destroy the "infant industries" liament admitted into British ports from the colonies pig and bar of the North America-n colonies, was a primary and an active cause iron duty free, but prohibited under a penalty of £200 the erection of their revolt for independence. Our colonial fathers were early or "continuance" in the colonies of any mill or engine for slitting or ambitious of industrial independence. Nature had supplied their rolling iron, or any plating forge to work with a tilt-hammer, or any country with magnificent re:sources in ~reat abundance-with iron furnace for making steel. Every such mill, engine, furnace, or forge and coal, and a favorable climate and soil for the growth or produc was declared a "common nuisance," and the colonial ~overnor , on tion of hemp and cotton and wool, and an unlimited water power. the information of two witnesses on oath, were requ:tred to abate They were not slow to recognize these resources nor to understand such nuisance within thirty days, tmder a forfeiture for failure or the wealth and power their development promised. They therefore the sum of £500. early determin~d to found industrial establishments for the manu Truly, a most enterprising and enliCThtened tyranny that! Ma facture of articles, at first for domestic use and next for export, to chinery for the manufacture of iron, and consequently all manufact build vessels, and open up a field for trade in the markets of the ures of iron, so indispensable to all industries, and without which world. But the English manufacturer and merchant cried,'' We none can be prosecuted or thrive, a common nuisance! But its bar forbid." They complained to Parliament and the Crown that "the barous spirit influenced more or less in that day all ranks of En~lish colonists were not only carrying on trade, but were setting up manu men, even Earl Chatham, the eloquent champion of our political factures," and prayed for orders and laws to prohibit in the British liberties, who declared: plantations all manufactures, all industrial pursuits or trade, which If America makes a stocking or a horse-nail I would ad vise that she be made tu antagonized British products or menaced the profits of the British feel the whole weight of EnglaD.d. trader. Nor can there be a doubt, in the li~ht of the grasping spirit mani Parliament and the Crown responded in the tyrannical spirit of fested by them against the protect1ve policy of our tariff system, the appeal. All direct trade of the provinces, whether export or im that to the Cobdenites of to-day, to the modern so-called British port, with foreign states was prohibited under the severest penalties. ''free-trader," to all the representatives or partisans of the foreign All exports from the colonies and imports into them were confined producer, American manufactures of all k' ds-iron, woolen, cottonr to Great Britain, where heavy duties were exacted. Heavy imports hemp, etc.-all which enter into competition with foreign products were levied upon colonial products transported from one province to all are to-day, as in colonial times, and for a like reason, absolute another, and navigation acts and tonnage duties discriminated nuisances, and as such they would summarily abate them. a~ainst colonial-bmlt shipping. An oath was required of the pro COLO::flAL llANUFACTURERS RESIST LAWS FOR SUPPRESSIO~ OF TIIRffi ESTABLISH· vmcial governors to rigidly enforce the navigation acts and laws of MENTS. trade; and a board of trade was established with extraordinary But, sir, the colonists refused to be slaves. Their Anglo-Saxon powers to also administer these laws. spirit revolted at this tyranny. They sturdily resisted these decrees ARRAIGNME."fr OF COLONIAL MANUFACTURERS BY ENGLISH BOARD OF TRADE. of the English manufacturing despots, and their resolute attitude de In 1719 the House of Commons declared ''that the erecting manu feated in a great mea.sure the ruinous purposes of the decrees. They factories in the colonies tended to lessen their dependence upon Great refused to obey the English navigation acts and laws of trade. Nor Britain." The board of trade and plantations in 1731-'32, in pur did they abate their energy and enterprise. Their capital or fina.n suance of an order of the House of Commons to inquire into the in cial means was comparatively limited; their opportunities under dustrial affairs of the plantations, charged that in New England, the circumstances few and small; they were menaced by swarms of' New York, Pennsylvania, and .Maryland-" in the colonieR northward customs and other officials of the Crown, and by spies·and agents of of Virginia"-the colonists "had fallen into the manufacture" of the British trader and board of trade-by a veritable gendarme-and woolan ancllinen cloth; that they raised flax and hemp, which they consequently environed by the most serious difficulties, and even by manufactured into "a coarse sort of cloth, bags, traces, and halters," perils to liberty and fortune. Nevertheless, they steadily pursued as. i882. CONGRESSIONAL RECORD-HOUSE. 2813 far as practicable the development of their industrial resources, the to command respect abroad or at home either for itself or our citizens. utilization of the natural resources of their plantations through the But what was equally important, if not more important than all, it mechanical skill of their citizens. Thus they continued their old utterly failed to secure to the" infant industries" of America, to the .and forbidden furnaces and mills.· They erected new forges and roll domestic manufactures of the new States, that encoura~ement and in ENGLAND PROPOSES BY NEGOTIATIO::i TO DEFEAT PROTECTION TO OUR MA.:.~UFACT- ical inventions, and from the national treasury aided in the establish- . URERS. ment of domestic manufactures. · For the British trader the situation, sir, was full of difficulties. In -.bus antagonizing England in industrial enterprises by foster At the time a treaty of commerce was contemplated between the ingFrenchmanufacturesNapoleon,whilestrikingablowatthepower two nations. The board, seizing upon that fact, recommended that of "perfide Albion," rendered Franc& a rich service by creating for in the pending negotiations it should be insisted by the English Gov her withm her own domain new and permanent sources of real wealth ernment "that the duties on British manufactures shall not be raised and power, and secured for the French people enlarged comforts and l by the United States] above what they are at present "-in 1791. It means through increased and remunerative employments. To-day, also urged that the English negotiators should insist "that the duties sir, the French are the prosperous beneficiaries of the system thus on all other merchandise, whether British or foreign, imported from established. France's manufactures are one of the grand sources of Great Britain into the United States, shall not be higher at any time her national wealth and power. than on the like merchandise imported from any other European Nor was Napoleon satisfied with these measures against Britain. nation." Thus it proposed not only to seize the American market By the workings of his famous continental system, Napoleon excluded for the British trader by securing a ruinous competition of British all British products and merchandise from all the countries which products with our home manufactures but also to enable British he conquered or controlled-practically at different times from all shipping to supplant the American in the carrying trade between the ports of Europe-and seized and confiscated all British merchan the United States and foreign nations. A very equitable scheme, dise wherever he could reach it, whether on neutral or friendly or truly-one eminently characteristic of the British trader, and illus hostile territory. · trative of his enlightened notions of ''free trade!" Of comse no ENGLISH WARS FOR THE MONOPOLY OF TRADE. such scheme was practicable, as nuder om Constitution the treaty Englaud retaliated. Her hatred of the Bourbon was redonhled making power has no control over matters of revenue or imposts. upon republican and imperial France; and her mercantile rulers, 01JB ENTERPRISE AND CAPITAL RASHLY ENGAGED I::i COMMERCE. her industrial despots, were absolut-ely infuriated by the measures But, unfortunately, about this time, other causes united to largely of Napoleon to uproot their European markets-for the subversion divert the enterprise and capital of our people into new channels. of their industrial and commercial tyranny. England resolved upon The explosion of the French revolution of 1789 and the tremendous the amplest reprisals. All her vast resources of wealth and her 1882. CONGRESSIONAL RECORD- HOUSE. - 2815 -----·------.------mighty influence among the nations were concentrated on projects people and the resources with which nature ha-s so bountifully en of ruin to Napoleon and France. "War," "wa~," "war," was her dowed us-in the creation and perfection and the encouragement slo•.,.an. Thus England excited six formidable armed coalitions of and support of a practical system of home industrie . th:principal powers of the contin~nt, subsidizin& all Europe in al"!fls, RRVIV.AL OF OUR D.""DUSTRlll.8-THElll. VALUE ~ 1810. against the presumptuous "Gallic usurper" wno rebelled aO"aiDSt Sir, from 17!)3 to 1807, the memorable period of our comm~rcia.l her commercial and industrial domination,_and finally succeeded in craze, very little attention was bestowed by our people upon manu crushin(J" Napoleon and humiliatingl!"'rance, but only after involving factures. But, with the disastrous collapse of our commercial vent the world in almost continuous wars for over twenty years and an ures, manufacturing enterprises again occupied 9ur capitalists. In awful expenditure of treasure and life-all to secure to the British 1809 this House ordered the reprinting of Hamilton's celebrated re traders the monopoly of the markets of the world. port on Manufactures. It also directed :Mr. Gallatin, the Secretary ID.-"ITED STATES INVOLVED ~WAR~ SUPPORT OF HER l\I.A.UITIME RIGHTS. of the Treasury, to collect information respecting the various manu The United States was :finally embroiled in the murderous nwlee. factures of the United State , and to report the same, "together with At it beginning, as a neutral power friendly to all the parties in a plan best calculated to protect and promote them." The marshals volved, the United States enjoyed immense advantages, larg~ly and their as istants in taking the census of 1810 were also instructed monopolizing the carrying trade between the belligerents, hy which to obtain full and reliable intormation respecting our manufacturing our capitalists in large numbers, as shown by l\fr. Seybert~ amassed establishments and manufactures. The information or data thus ob sudden and respectable fortunes and extended the commerce and tained was meager and defective. An analysis or digest of the manu tonnage of the nation to an unexampled degree. But these advan facturing returns and an estimate of the value of manufactures were tages were of short duration. Bourbon France and Spain had been made under the direction of the 'freasury by .Mr. Tench Coxe, a dis our allies in our revolutionary struggle, furnishing us with both tinguished statistician of Philadelphia. It was ascertained that few money and men; but they had joined us, not from a love of repl!_b woolen manufactories existed in the United States, but that the lican institutions, nor of liberty, nor, indeed, from any genuine or woolen ancl cotton manufactures consumed in the country were pri.p. independent wish for American independence, but a the ancient cipally the products of looms in families, and their e timated value enemy of England-for the purpose of striking a crushing blow was about 0,000,000. The value of the manufacture of iron was at the colossal power of their most fonnidable foe by wresting from reported at$14,364,526; of the products of the tannery at $17,935,477; Britain her most valuable possessions. of those from gmin at 16,528,207; of those of wood at 5,554, 708; of Having accomplished that, or, in other words, the United States the manufacture of refined sugar at $1,415,724 ; of paper, &c., at having served their purpose a~ainst Great Britain, France and Spain, $1,939,285; of glass at $1,047,004; of tobacco at $1,260,378; of cables upon the acknowledgment of our independence, hastened to demon and cordage at 4,242,168, &c. The aggregate value of manufact strate the real motives of the:U· alliance by a series of hostile acts ures of all kinds was returned at 127,694,602. By a previous esti against the prosperity of the United States. For a long time they mate of Mr. Gallatin the value was fixed at $120,000,000. . refused to enter into commercial relations w1th us, and by navigation That, sir, was not a very flattering exhibit. But the embargo and acts, tonnage duties, and practically prohibitory imposts upon our non-intercourse acts, the retaliatory measures adopted by our Gov expol'ts closed their own and their colonial ports against our shipping ernment in 1807 and 1808 against the tyrannical restrictive decrees and products. · of En~~ and and France, followed as they were by our war of 1812--'15 Subsequently, when, as the principal carrier in the tra(le between with jjritain, practically excluded from the country 11ll foreign im the Europe-an belligerents, our commerce and tonnage and the for ports, ancl by throwing our people upon their own resources to supply tunes of our people engaged in foreign trade had risen to a degree the domestic demand, particularly for manufactures of wool, cotton, which caused the United States to rank second only in commercial and hemp, greatly increased and encom·aged the home manufactm·e importance among the nations, all Europe united in hostile measures of those materials. ·Nevertheless, the close of the war in 1815 found for the spoliation of our shipping and property and the destruction them in swaddling-clothes. The high price of labor in the United of our fore1gn and carrying trade. Thus British blockades and the States, and the long experience and superior skill of the British estab British "Orders in Council," in piratical hostility to American lishments, rendered it impracticable for the domestic manufactures shipping and trade, ·were rivaled by French blockades and " Berlin to sustain themselves without protection against the foreign article. and Milan Decrees," by Spanish arTests and decrees, and by orders That the British trader well knew. He accordingly determined t<> and seizures of our vessel~ and their cargoes even by Neapolitans and crush out the manufactures of the United States in their infant state, Danes. As a consequence our splendid fabric of commercial pros even at a heavy sacrifice to himself in profit. Our markets, there -perity, so uddenlybuilt upon this foreign trade, as suddenly tumbled fore, were soon glutted with foreign products of all kinds. Thus. mto ruin , and the United Statel:i was forced to enter the ruinous the value of our imports. which from January 1 to September 30, brawl by a declaration of war in June, 1812, against England. Mr. 1815, was only $83,080,073, suddenly increased during the follow Seybert, in describing these facts, says: ing year, from October, 1815, to October, 1816, to the vast sum of That demon, jealousy, seems inherent in nations. Our commercial prosperity . 155,30'2, 700. In the House of Commons, .Mr. Brougham, with mani did not fass unobserved in Europe; it was there conceh-ed that the youngest of civilize< nations bad a from the South"-from South Carolina. "Consequently no motives · we have the practical foundations of the American policy of encour .could be attributed to him but such as were disinterested." agement of home manufactures, the practical establishment of the '' The security of a country mainly depends on its spirit and great industrial system upon whichrestsourpresentnational wealth means." Hence, "as every people are subject to t,he vicissitudes of and power and the prosperity and happiness of our whole people! peace and war, it must ever be considered as the plain dictate of Here, sir, in this act, supported by Henry Clay, by Henry St. George wisdom in peace to prepare for war." He then reviews the resources Tu?ker, and by Low:ndes and John C. Calhoun I Here, sir, in this ,of the country, discusses the relative importance of agriculture, tar1ff act passed by southern votes, by the votes of men at the time commerce, and manufactures as t.ources of national wealth and national and patriotic in their purposes and views, by leading spirits of power, demonstrates the superiority of manufactures, because agri the Sonth, against the vigorous protest and the votes of New England! -culture and commerce being dependent on forei~n markets only That, sir, in the present attitude of parties is an important fact. flourish in times of peace, but manufactures, relymg on our home The great tariff acts of 1824 and 1828 only increased ancl extended market, are unaffected by war and are always a source of wealth and and strengthened the provisions of the act of 1816, while preserving power. He urges- its principle in support of its beneficent national purpose, the en What, then, are the effects of a war with a maritime power-with England 1 couragement of a system of home industries under the protection of Onr commerce annihilated, spreading individual misery and producing national the nation. Subsequently, under all of our successive tariff acts of poverty; our agriculture cut off from its accust-0med markets, the surplus pro 1833, 1842, 1846, 1857, and 1861, wherever the protective principle has duct of the farmer perishes on his hands, and he ceases to produce because he cannot sell. His resources are dried up, while his expenses are greatly increased, had fair play and ample scope, its magnificent results have been as all manufactured articles, the necessaries as well as the conveniences of life, uniformly attested by the increased wealth of the nat.ion and the en rise to an extravagantv.rice. • • * The failure of the wealth and resources larged prosperity and happiness of our people. On the other hand, -of the nation necessarily involved the ruin of its finances and its currency. It wherever these acts have in their operation resulted merely as sources is admitted by the most strenuous advocate COMJ>ARATIVE RESULTS OF PROTECTION, -on. Tlius situated, the storm may beat without, but within all will be quiet and And what, sir, is our situation to-day under the tariff of 1861' Sir, -safe. To give perfection to this state of thin "'S it will be necessary to add, as soon I shall not now go into a detailed investigation ofparti~,mla.r indus aa possible, a system of internal improvements, and at least such an extension of -our Navy as will prevent the cutting off our coasting trade. tries; it is not necessary to my argument; but regarding the whole of them as comprehending one general system, I shall confine myself Mr. Calhoun next reviews at some length, and rebuts, one by one, to a brief exhibition of a. few grand and comparative results. For the arguments urged a~~inst manufactures as a system; maintains those I shall take the period from 1861, the date of the Morrill tariff, with great force the policy of :finding profitable investment of our to 1880. In the following table from official sources we have an ex · capital and remunerative employment for our mechanics by multi hibit during that period of the growth of the nation in population, plying and protecting manufactures as permanent establishments ; industries, aud commerce: :and with some indignation refutes and repels the charges which, ·even in that day, were stale and flat, that manufacturing establish Increase, ments "destroy the moral and physical power of the people," that Subjects. 1860. 1880. per cent. they were "the frnitful cause of pauperism/' and produced a slavish dependence of the operative upon the manufacturer. He exclaimed: 31,443,321 50,155,783 60 It [the encoura~ement of manufactures] produced a system strictly American, ~~f!!a;~ora:i~_e_ .as much so as agriculture, in which it had the decided advantage of commerce and ~~~~~- ~~~~::: $3, 271, 575, 426 $10,197,161,905 212 navigation. The country will from this derive much advantage. A~ain, it is Wheat produced ...... bushels .. 173, 104, 924 498, 549, 868 188 -0alctilated to bind together more closely our widespread Republic. It will greatly Wheat exported ...... bushels .. 4,155,153 153, 869, 935 3,603 increase our mutual dependence and intercourse, and will as a necessary conse Corn produced ...... bushels .. 838, 79'2, 742 1, 717, 434, 543 105 quence excite an increased attention t-0 internal improvements-a subject every Corn exported ...... bushels .. 3,314,305 98,169,877 2,862 way so intimately connected with the ultimate attainment of national strength Wool produced...... pounds .. 60,264,913 232, 500, 000 286 .and the perfection of our political imititutions. He regarded the fact that it would Cotton prodnced ...... bales .. 3,826,086 6,343,269 65 make the parts adhere more closely; that it would form a new and most powerful Oats produced ...... bushels .. 172, 643, 185 487,858,999 136 cement far outwei~hing any political objections that might be urged against the Barley produced ...... bushels .. 15,825,898 44,113,495 179 system. In his opmion the liberty and the union of the country were inseparably Butter exported...... pounds .. 7,651,224 39,236,658 413 unitec.l; that as the destruction of the latter would most certainly involve the Cheese exported ...... ··iounds .. 15,524,830 127, 553, 907 722 .former, so its maintenance will with equal certainty preserve it. Petroleum produced...... arrels .. 251,000 22,382,509 8,817 Pi~ iron produced ...... net tons .. 919,770 4,295,414 367 Nor did he "speak lightly." Mr. Calhoun assures the House that Rails produced...... net tons .. 205,038 1,461,837 613 '' he had often and long revolved it in his mind," that he "had crit Hogsfuacked ...... 2,350,822 6,950,451 196 ically examined into the causes that destroyed the liberties of other Mere andise imports ...... $353, 616, 119 $667,954,746 89 .Merchandise exports ...... $333, 576, 067 $835, 638, 658 150 -countries," and closed with a solemn warning to the nation of a '' new Gold and silver produced ...... $46, 150, (100 $75, 200, 000 63 and terrible danger" which threatened it-" disunion." Gold and silver exported...... $66,543, ~9 $17, 142, 919 TARIFF ACT OF APRIL 27, 1816, PASSED BY SOUTffERN VOTES. Gold and silver imported ...... $8,550,135 $93, 034, 310 988 Railroads...... miles .. 30,635 88,237 188 This powerful and patriotic argument was delivered in this House -on April 4, 1816. It had a commanding effect. A few days later, on the 8th, the tariff act of April, 1816, largely extending and increasing ANALYSIS OF ABOVE RESULTS OF PROTECTION. the specific duties on foreign goods and adopting the minimum prin Sir, let us briefly analyze the results shown in this table. Not •ciple of valuation in estimating imposts, for the encouragement and withstanding our immense losses of life during four years of rebell .protection of manufactures, passed this Honse by a vote of yeas 88, ion, in which the forces of "free trade" and slavery, immemorial nays 54. Sir, it was passed by southern votes. Among those voting and inseparable allies, aided by their great patron saint, the British in the affirmative are such distinguished southern names as Cuthbert trader, warred for the destruction of the Republic, our population .andLumpkinsofGeorgia,DeshaandRichardM.JobnsonofKentuck:y, increased 18,722,462 or 60 per cent. The increase of the products of Philip P. Barbour, Thomas Newton, and Henry St. George Tucker of the farm was absolutely immense. The increase of the product of Virginia, Mayrant, Wood ward, Lowndes, and Calhoun of South Car wheat was 188 per cent. The increase of the exports of wheat was ·Olina. * 3,603 per cent. The wheat exports alone in 1880 were nearly as great OUR PROTECTIVE SYSTEM PRACTICALLY ESTABLISHED BY THE ACT OF 1816. as the whole product in 1860, while the home consumption was 104 Here, sir, in the principles and provisions of this act of April, 1816, per cent. greater. The increase in the product of corn was 10~ per cent. The increase of the exports of corn was 2,862 per cent., while *The following is the affirmative vote in this House on this tariff: its home consumption increased 93 per cent. The increase of the Yeas-Messrs. Adgate, .Alexander Archer, Atherton, Baker, Barbour, Bassett, Bateman, Baylies, Bennett, Betts, Birdsall,1 Boss, Brooks, Brown, Cady, Caldwell, product of wool was 286 per cent., of cotton 65 per cent. The in Calhoun, Cannon, Chipman, Clendennin, Comstock, Crawford, Creighton Cro crease of the exports of butter was 400 per cent., in those of chee e . cheron, Cuthbert, Darlington, Davensport, Desha, Glasgow, Gold, Grosvenir, Hahn, 722 per cent. The increase in the value of merchandise exported, Hall, Hammond, Hawes, Henderson, Hopkinson, Ingham, Irvin of Pennsylvania, chiefly the products of the farm, was 150 per cent. And this pro Jewett, Johnson of Kentucky, Kent, Lap._gdom, Lowndes, Lumpkin, Lyle. .Mac lay, .Marsh, Mason, Ma1}Tant, McOoy, McLean of Kentucky, Milnor, N'ewum,, digious increase in the yield and the export and home consumption of Noyes, Ormsby, •Parris, Piper, Pitkin, Pleasant,a, PO'Well, Ruggles, Sergeant, Sav agricultural products, representing a mighty wealth in the exchequer . aue, Schenck, Sharpe, Smith of Pennsylrnnia, Smith of Maryland, Southard, of the farmer, has added to it a like advance in the ag~egate value s't;;;ng, Ta_g_gart, Taul, Throop, Townsend, Tucker, Wallace, Ward of New York, of farms. In the year 1860 the value of farms under cllltivation was Ward of .l.'\ew Jersey, Wendover, Wheaton, Whiteside, Wilkin, Willoughby, Thomas Wilson, William Wilson, Woodward, and Yates-88. 3,271,575,426, in 1880 $10,197,161,905, or an increase of212 per C(lnt. Nays, 54-total 142. HYPOCRISY OF THE "FREE-TRADE II LAME°!'<"TS, Of the 88 yeas, 25 in italics are of men from the South. If those twenty-five ha-d vo~ they be honest f Can they represent any patriotic or just purpose T Statenwnt of 'weekly tvages in ship-building. Are they not rather a retunin~ by the Cobdenites of the ancient cry of the British trader, under wnich they march to the" robbery and ruin" of that other grand American interest, :1. principal source of our national power and wealth, the manufacturing interest-practi Workmen. cally to the overthrow of our whole industrial system and the re ensla>ement of our industries under the tyranny of the British trader ' THE .AMERICA..'i FREEliAY AXD NOT THE SLAVEHOLDER NOW Kni'G. They will hardly succeed, siJ:. They have now a very formidable foe to encounter in a majority, and a vast majority, of the American Ma{)hinists, best .....•..... ·····- ...... $18 00 $7 50 people, solidly marshaled in support of American industry. Their 15 00 6 70 ~~~~~k~~~~?.:::::::::::::::::::::::::::::::::::::::::::: 16 5<1 7 72 old and powerful ally, slavery, is dead. The American freeman, 16 00 688 the mechanic and farmer, intelligent and enterprising, fully alivo to ~r~:~v:~::·.:::::::·.:: ::::::::::::::::::::::::::::::::::::::: 16 50 7 26 their own interests and capable of defending them, and not the slave Riveters and calkers ...... 13 50 7 00 Fitters...... 17 00 7 18 holder, now are king. Laborers ...... 9 00 4 10 INCREASE OJ! MANUFACTURES AND OF FOREIGY .AND L'iTERY.AL COIDIERCE. Carters ...... 10 00 5 80 Hence, since 1860, under the encouragement and protection of the laws of the nation, the increase in the value of manufactures, and Statement of 1veekly 'Wages in cotton-works. of capital invested in manufactures, has been great and represents a mighty wealth and a vast power in a hlmdred shapes. Nevertheless, the increase in the value of imports in 1!:S80, as compare(l with those of 1860, was 89 per cent. The increase in the product of ~old and Workmen. silver was 63 per cent., w bile the value of the gold and silver 1m ported in 1880, less that exported, was 65 per cent. greater than the whole gold ana silver product of 1860. Nor only that, sir; our foreign trade also immensely increased. In Carding:- · 1861 the total value of our foreign trade was $479,555,941; in 1880 its Overseer ...... $15 25 $10 8!) value was $1,480,205,239. The increase in miles of railroads built 4 20 265 was 188 per cent. And the Bureau of Statistics estimates the value ~;:~gte~~:s~~-~~~~::::::: ::::::::::::::::::::::::::::::::::: 4 72 314 uf our internal cemmerce over those roads and upon our rivers and Giinders ...... _. _.. . . 7 25 53::! Strip.Pers ...... ' ...... 7 92 5 32 lakes "as probably twenty tiJnes as great as our foreign commerce." Spmning: IDGH WAGES OF .AMERICAN WORKINGMEN. Ove1-seer ...... ·...... _ 15 52 14 2fi And here, sir, by a few tables compiled from the latest official sources I could obtain, allow me to illustrate these results, as far as Statement of weekly wages in woolen-ntills. they relate to our working classes, by a showing of the comparative wages in Europe and America and the comparative prices of the necessaries of life. The comparative wages are shown in the follow ing tables: Workmen. Statem,ent of 1veekly wages in 7'olling-mills. ~ ~ . -~ O'd ' ciS 1- United States. Articles. Brussels. Bordeaux. Dresden. Geneva. Liverpool. New York. Chicago. Cents. Cents. Cents. Cents. Cmts. Cents. Cents. 7 4 3! to 4 4to 4! 4 to 4! ~i~. ::::::::::::::::::::::::::::::::::::::::::::::::::: :~-~r-~~~~:: .... ~. ~-. ~ ..... :. ~~ .. ~. 6 7 3! to 5 3to 4 2! to Beef: 4! 20 20 24 30 22 12 to 16 8 to 12! 16 16 18 18 l6 6to 8 5 to 8 FE:~::::::::-::::::::::::::::::::::::::::::::::::::::::~;~:~~~~:: 18 18 19 25 18 14 to 16 8 to 12! Corned ...... do ...... 16 16 18 18 16 8to 12 4 to 7 Veal: 16 16 12 14 8to 10 6 to 10 18 20 18 18 20 10 to 12 10 to 12 s~eA~~~-~~~~-~- ~::: ~-:·: ::·:: :::::::::::::::::::::::::::: :~;;:!~~~:: 20 22 18 20 20 20 to 24 12} to 15 Mutton: 16 12 14 9 to 10 5 to 12~ 20 18 18 20 12 to 14 5 to 15! ~l~~~::::: ::::::::::::::::::::::::::::::: :~:::::: :~;;:!r~~:: ~~ 20 18 20 H to 16 10 to 15 18 18 16 8 t{) 10 4 to 8 ~~-::: ~:: ~ ~:::: ~::::::::::::::::::::::::::::::::::::::: ~~~-~~~:: i~ i! 18 20 16 8to 10 6 to 12 Ba{)on ...... •••...... do...... 18 20 30 20 8to 10 7 to 12 Ham .....• ...... •.•.•.•.•...... •..••...•...... ••.•....•••.do...... 20 25 35 28 24 8 to 12 7 to 15 Shoulder ...... •...... do...... 16 16 30 16 8 to 10 4 to 10 20 20 8to 10 6 to 10 ~~~~~:: ~ ~:: ~ ~ ~ ~ ~ ~:::: ::::::::::::::::::::: :::::~:: :~ ~ ::~ : ::~~:::::~ ~~ ...... ~~- 20 16 10 to 12 6 to 10 Codfish...... do...... _...... 6to 7 f) to 9 Butter...... do...... 21l to 50 ...... 16 36 24 to 36 25 to 32 10 to 40 Cheese ...... •...... do...... 20 t{) 25 ...... 33 23 12 to 20 12 to 15 5 to 16 Potatoes ...... •...... •...... •...... per busheL . 56 60 48 60 120 to 150 140 to 160 60 to 00 XIII-177 !!818 CON-GRESSIONAL RECORD-HOUSE. APRIL i2~ PAUPERIZED CO:!I"DITIO~ OF THE EUROPEA-'i WORKD\G:\IA..'\. n e men in tho develollmen of an ind u ·trial sy tern which will Sir, of the facts of these exhibits of comparative wa,ges and co t of insure remunerative occupations to its rua es, increa ing their com living we have abundant confirmation in the official reports of our forts and means, enabling them to maintain a system of public edu consuls as to the pauperized condition of the European workin~man. cation, and thus stimulate inilividual ambition while opening profit In Belgium the life of the laborer is an "unceasing battle ' for a able fields for its exercise, a mif?hty population, "intelligent, benev '' mea RESULTS ~PARALLELED ~THE HISTORY OF N.ATIOXS. preciated money which measured values by an artificial standard. But when the financial condition of the country began to improve \Vh.ere, sir, in the hi tory of nations will we find results o grand and at last reste.d on a solid foundation of coin val ues, with the and beneficent; where a parallel iucrea e in a like period of all the changed condition of things came the need of some readjustment aml elements of inuividual auu national pro perit.y, of national wealth amendment of the tariff. The relative values of various kimls of and power' m:1nnfactured articles and of raw material had o changed as to then And mark you, sir, these g rand and nneqnaleu results, in their make tile application of the existing schedule of ad valorem antl ma~nificent benefits, were not confined to one interest only, but in specific duties ont of all proportion of what was intended by the the1r wide and far-reaching ramifications and effects comprehended framer of the law. This same difficulty ha now increased and exi ts all our industrial interests, equally the agricultural and manufact to a still greater degree, and at this time ha reached a point where uring, and all classes, equally the operative and capitalist, as the it demands immediate consideration and action. shipper, in a common prosperity through enhanced profits upon in A well-settled principle that ha governetl Congr es, ever since tile creased products, high wages, enlarged and increasing comforts, and organization of the Government in adjn ting tariJf duties has b en Ko advanced intelligence through a general system of public education, clearly tated in a minority report on this nbject, ma,de in tile Fort~y as all combined comprise a vast and general benefit to the nation sixth Congre , that I venture to reproduce i t here : at large. In all our tariffle¢ slation from the foundation of the Government, whether baRf'cl WILL THE SOUTH ADOPT THE MA....~UF.ACTURING SYSTEM 1 upon the doctrine of free trade or a tariff for revenue alone or for the protection of Sir, I indulge the hope of even greater re nlts, and that in the near American industry, one principle has been maintained with scarcely an exception, future, when all sections of our country shall adopt the system pro namely, that a given duty should be placed upon the raw material, a l1igher duty should be placed upon all manufactured articles into which said raw ruatelial «'D · ducing such resuUs. Already the West is rapidl;v extendinO' this tered, and the further any article of manufacture i advanced the higher rate of sys~em-already establishi_ng manufactories and employing it~ capi duty it should bear. In all the free-trade or revenu tarifl.s where an all ~alore ru taliU the development of 1ts vast natural resources and the utiliza duty has pre~ailed this principle is rigiilly pre~en'e provecl methods of manufacture have been introduced, while new npon the traditions of their-past history and present doctrine, with inventions have been made, new processes discovered, which have a few exceptions, radically free trade; the Republican members, with materially changed the relations of articles and valnes since the still fewer exceptions, strongly in favor of f.arifflaws protecting the enactment of the present law, and under its existin_B" defects enables mannfacturinginterestsofthe country, eachmember infl.exihlyadher t.he foreign manufacturer to export to the United ;:,tates articles of ing to the tenets of his own pru-ty and what he believes to be the foreign production at a much less rate of duty than was originally requirements of his constituency and his own ideas of right, leaving intended by the law; and while the spirit of the law has been evaded, no common ground on which they can meet, and all apprehensive its lettP-r has not been violated. "New forms of manufacture, which that any change, however slight, might destroy the symmetry of the were not in existence or were unknown at the time the present law system. was enacted or had no commercial-designation then, and are im And right here, Mr. Chairman, let me emphasize what I havesaid ported under the clause' other manufactures not herein provided by referring to the resolutions which appear as the opening of the ;for,' should be either added to the law by their true and accepted speech of the gentleman from New York, [1\Ir. HEWITI,] which de designation or covered by a general provision which shall make such clare for free raw material. This would include iron ore. A.nd in new form dutiable at a rate not less than the rate charged upon the the conrse of his remarks he fa,vors the free importation of scrap iron. material of chief value of which it is composed." He would strike a blow at our native ores willch constitute so large Through new discovenes in chemistry the color of sugar, hitherto a part of our mineral productions, and would drive out of employ taken as the standard of quality, has been so degraded that import ment our puddler!! by the free introduction of scrap iron. The man ers of it, while receiving a much better article, pay a much lower ufacturers on the seaboard want free foreign ore because they need it rate of duty. This ru·ticle not admitting of any other standard than to mL'!{ with the ores of New Jersey, and if once they could !.>ring it that of color, the country annually loses from three to four millions in as ballast cheaper than they could get our Lake Superior ore, the of dollars in revenue through this defect in the law. So too with benefit, if any, would be to the mauufiwtnrers on the seaboard, and iron and steel manufactures fully as strange incongruities exist. By would not result in a reduction in the price of iron or steel. It. would change in the prices, specific rates of dut.y on certain articles are give an advantage to those manufacturers at the expense of their very much higher than an ad valorem duty placed upon articles associates engaged in the same trade further removed from the sea manufactured fi·om the same material. Many manufactures of this board. class of articles not enumerated in the schedule now come in under 1\Ir. Chairman, the history of Congressional legislation proves that the ad valorem duties which were fixed twenty year~ a~?· l\lany nothing has been accompiished, and we have no reason to expect that articles in this trade, though not enumerated, differ but little from a judicious revision of the tari£1:' laws can be effected by this Con those specified in the schedule, and many wide differences in the gress without resorting to some other metho Statement sh.Qwing the weekly wage~~ in several countries CO'»tpared with the mtes pret:ailing in the United States-1818. [State of labor in Europe, 1878; United States Department of State.) , ~ ~ United Kingdom. United States. ~ ~ ce~ ~ Q Occupations. "61, s 1=1 ~ 1=1 c;s .sce ~ 0 ... a0 3 England. Ireland. Scotland. New York. Chicago. P=l A R c!> H fJl ---- .Agricultural laborers : Men, without board or lodging.--·-·- ...... -. -...... , -$3 15 $2 &7 $3 50 $3 60 $3 40 $4 25 ·····-·····------·------· Men, with board and lodging ...... 1 48 1 80 2 60 1 30 $1 50 to240 ------· ------Women, without board or lodging.-...... - .... -- .. ···-··[ 1 36 1 08 1 55 ------1 80 2 16 1 80 to3 25 ------·------·------Women, with board and lodging ...... - .. :::::: -~-~~- 75 60 1 15 75 60 to 1 00 ------· ------House-building trades: -I 4 00 3 60 3 45 $5 12 8 12 7 58 9 63 $12 00 to $15 00 $6 00 to $10 50 $4 25 5 42 4 00 4 18 4 88 8 25 7 33 8 12 9 00 to 12 00 7 50 to 12 00 8~~~!~!~:~~,~~~~~~~~::::::: ::::::::::::::::::::::::: $~ !g ...... -----· a 65 3 95 7 25 7 95 9 40 10 00 to 14 00 10 00 to 12 00 Masons ...... ······-······-····--·-··········· 6 00 4 45 5 00 4 30 4 00 4 80 8 16 7 58 8 28 12 00 to 1S 00 12 00 to 15 00 l'ainters. -·· ... _. . ···-...... - ...... ·-·-. 4 20 4 15 4 90 3 92 4 60 7 25 754 8 16 10 00 to 16 00 6 00 to 12 00 Plasterers .. ·-.. ··---...... --·--· ...... - .. 540 ------3 80 4 35 7 20 8 10 7 68 10 13 10 00 to 15 00 900 to 15 00 Ph1n1bers ...... - ...... -...... 6 00 ----·· 5 50 3 60 3 90 7 75 8 46 7 13 12 00 to 18 00 12 00 to 20 00 :::Haters ...... , . . _...... _...... ------4 00 3 90 7 90 s 30 10 00 to 15 00 12 00 to 18 no General trades: Bakers ...... 4 40 4 25 5 55 3 50 3 90 5 40 6 50 6 60 5 00 t.o 8 00 8 00 to 12 00 Blacksmiths .. -...... - ...... -.... - ...... 4 40 3 90 5 45 3 55 3 94 4 65 8 12 7 04 10 00 to 14 00 9 00 to 12 00 Book-binders·····-·--·-··-············-·····---······ ...... 3 72 4 85 3 S2 3 90 3 60 7 83 6 50 12 00 to 1S 00 9 00 to 20 00 Brass-founders ..... -.. ---...... -...... -.... --. 4 20 3 20 5 49 7 40 690 10 00 to 14 00 8 00 to 15 00 Butchers····-······· · ············--····--·······-·--· 450 4 50 5 42 3 85 4 20 7 23 4 75 8 00 to 12 00 12 00 to 18 00 Cabinet-makers ...... -- ...... -.... - ...... 4 so 6 00 3 97 4 95 4 20 7 70 8 48 !) 00 to 13 00 7 00 to lfi no Coopers ...... •••. -· -····-···--··· ...... 4 10 7 00 3 30 4 35 4 95 7 30 6 10 12 00 to 16 00 6 00 to lii (){) Copperslniths ...... - ...... ·-···· 3 85 3 30 3 90 7 40 7 10 12 00 to 16 00 15 00 to 20 Oll Cutlers.····-···············-···············-········· ...... 3 85 463 4 00 3 90 8 00 6 25 10 00 to 13 00 5 00 to 10 00 ...... 4 00 4 00 9 72 8 75 15 00 to 2.) 00 !l 00 to :lO 00 ~Fa~~;-;::::::~~::::::~:::::~::::::::::::::::::::: ···--· 3 85 5 40 3 25 3 50 7 20 7 00 12 00 to 18 00 1.) 00 to ;!.) on J.Iillwrights ...... -... - ...... - ...... 4 00 3 30 4 95 7 50 7 50 10 00 to l:i 00 l:t 00 to :21) If(I Printers ...... ··-·-·-·············-·················· 4 62 4 70 4 80 3 90 7 75 7 52 8 00 to 18 00 13 (){) to l ti 00 Saddlers and harness-makers ...... - ...... 4 80 3 85 5 00 3 60 3 90 6 80 6 15 12 00 to 15 00 ti 00 to 1:.! ()f) Sail-makers .. ··-----·-.-...... ·-· ... ··-· ... -- ...... ···-·· 4 85 3 30 3 90 7 30 6 33 12 00 to 1S 00 12 00 to 1.) 00 Shoemakers·····-·· .. --········-··-······-···.·-·· ...... 3 so 4 75 3 12 4 32 3 90 7 35 7 35 12 00 to 18 00 9 00 to 1H 00 Sailors ...... ··-· ...... •...... 4 10 5 10 3 58 4 30 3 90 $5 00 to 7 30 7 00 10 00 to 18 00 6 00 to 1H 00 Tinsniiths.- ...... --··--.-...... ·-·· .. 4 so 3 90 440 3 65 3 60 3 90 7 30 6 00 10 00 to 14 00 !) 00 to 12 00 Laborel'!!, porters, &c...... ·-····-············-· 3 00 ...... 2 92 2 60 3 00 5 00 4 50 6 00 to 9 00 5 50 to 9 Oil i882. CONGRESS! ON .A.L RECOR.D-HOUSE. 2821 I submit, Mr. Chairman, that these reliable statements and figures stability and rest from this eternal agitation which unsettles the busi make a complete answer to the assertions of the gentlemen on the ness of the country. It is always safe and wise for Congress to listen other side relativE.\ to the difference in wages. to and heed an intelligent public sentiment when respectfully and The Clark Thread Company, which operates an establishment at earnestly presented by petition. In this case their opinions are the Newark, New Jersey, and Paisley, Scotland, in a letter under date results of practical experience, unbiased by political prejudice, and of April 3, addressed to the Chief of the Bureau of Stati tic , says: for the purposes of determining our action here are entitled to have The a.vera~e price paid to girls at Newark is ~9 per ce~t. over the. a.vera.e;e great weight and consideration. paid to girls m Paisley, and the average wages prud to men m NewRI'k IS 104 per The laboring-men, e pecially those who work in the iron mills anti cent. e-ver the wages paid to men in Paisley. other manufacturing establishments, feel deep interest in this tariff They al o state that, taking the general averags of wages paid in commission, and should this bill become a law, I earnestly hope for the establishments in the two countries, the averao-e paid in Newark them a representation on the commission. is lOlt per cent. greater than the average paid in :Scotland. .Mr. Chairman, I would not be willing to vote for this tariff com Messrs. J. & P. Coates, manufacturers of thread at Pawtucket, mission did I not feel confident that its labors will result in so adjust Rhocle Island, and at Paisley, Scotland, in a letter addressed to the ing and revising the tariff laws as to leave them in the fullest sense Chief of the Buren.u of Statistics say : protective, while removing some of the incongruities that are found This shows conolusively that the wages we pay in the United States average to exist in it to-day; and notwithstanding my convictions iu favor of 110 per cent. higher than those we pay in Scotland for identically the same class protective laws, I have no doubt that should this tariff' comrn.ll,;sion of work, the quiility of work being similar. be authorized they will be enabled to so harmonize the conflicting They further add that- interests as to make a report that! shall be willincr to accept. Fully recognizing the necessity for some action, all other means having The cause of tltis great difference in wages is the very high comparative rates paid for female labor here, of which the great mass of our employes is composed. failed, I am at least willing to try this method, and shall therefore vote for this bill. The proprietors of both of these establi hments, (l\Iessrs. Coates Mr. DUNN. Mr. Chairman, I shall not now undertake to enter and the Clark Thread Company,) in reply to specific questions, stated upon an argument of the question of the tariff in detail. It will be that in both countries machinery is employed in about the same time enough to do that when we have a tariff bill with rates and manner and to the same extent, and the organizations of labor and the schedules before us for consideration. I shall address myself first methods pursued in the employmentoflabor aresimilar. The phys to the pen the bill in charge, himself very frankly admits that fact. In his and of the indu trial league, of the l)Ook trade aml ty}>o founders' a - speech opening the debate on this quest.ion, he said : tsociation , of the tin-plate manufacturers, ancl of the national wool Now, J\ir. Chairman, I admit that there is one claf!s of men who may justly pro grower and manufacturers' a ociations be all approved. But I can test against any delay in the revision of the tariff in order to obtain tru twortby in not find that they ever approved of the iunumeraole prayers and pe fennation by a commission or otberwifle. Those gentlemen who care for nothing titions of agricultural and farmers' associations of the country to have lmt "revenue only" are justified in asking immediate action. such revision of the laws as would lighten the onerous and ruinous * * * * * * * You ma:v talm your tables of returns in the Treasury, find how much each article tariff and internal-revenue taxation that now re ts so heavily upon has yiclrlea unde1· the tariff, make your estimates as to how much revenue you want, tho great agricultural interest of the count1·y. and grade your rates of duty a~corilingly. If, on the other baud, yon believe that Having grown rich and feeling themselves "solidly established" there is such a thing a a national system, that there is such a thing as protection, whether absolute or incidental, and that national industries are worth pre erving, in power they have become proud, anogant, and haughty, and begin then you must be carefnl what you do; it is then your duty to consult the intere ·ts to despise and defy the people and their immediate representatives. that are to be affected l.Jy your action. Having induced former Congresses, by false pretenses, to enact thi So it appears t.hat if our object is to "raise revenue only," then we protective system which robs 4 ,000,000 of our people tor the benetit do not need this commission, and it is admitted to he unneces ary. of the remaining 2,000,000, and having this iniquity, a they believe, t;ir, I am one of that class of men who understands "revenue only" " olidly established," they adopt the sneers and doubt of the hered to be the "only" constitutional "object" for which Congress can itary enemies of our free institutions and form of government, and "lay and collect taxes, duties, imposts, and excises." Do the advo declare that they have no confidence in a Congre elected by the C:Jtes of this bill intend that this commis ion shall formulate legis people, wherefore theydemandacommissionappointed byt~ he Presi lation to ra.ise something else than revenue' Do you intend to "lay dent to adjust taxation, not in the interest of the whole people, but and collect taxes, duties, imposts, and excises" for some purpo e "in the interest of protection." The leading oruans of the protec other than "revenue only T" If they do, I hope they will have the t;onistsalready boast that they have secured the Committee on Wa.ys honesty to obey another clause of the Constitution and state the real and Means. and that with this grand mausoleum of financial legi ·· object of the bill in its title. I hould like to see a bill brought lation in their band they can easily defeat any tariff legislation in entitled "A bill to lay and collect taxes, duties, imposts~ and ex tending to lighten the burdens of taxation. No wonder, then, that cises (or either of them) for the protection of American manufact their leading organ, the American Protectionist, contemptuously ures," or "to raise bounties for Amexican industrie ." But, sir, we declared in December last that "a free-trader would be as much have at no time been left in doubt as to the real motives of the ad out of place upon the tariff commission as an opponent of capital vocates of this bill. And if any donbted before they cannot longer punishment upon a jury in a State where death is the penalty for doubt after the frank declaration of the gentlema.n from Iowa, [Mr. murder." KAsso~,] which I have already read. And, Mr. Chairman, the writer of that para!rraph exhibited a keen But, sir, he is not alone in the open and bold avowa.l of their pur appreciation of the fitne s of things ; for if there ever was a tariff poses. The distinguished gentleman who presided over the Chicage system devised that wa-s akin to capital punishment in its operations "taruf convention," (and who is a member of this House, and of it is o~r existing system. In the same issue that paper further says: the Committee on ·ways and Means,) upon taking the chair is re Is there any reason why David A. Wells, or Philpot, or J'. S. Moore. should not ported to have said, that he would rever e·the old constitutional be as much ineligible to a seat on the tariff commission as a per on refusing to doctrine of a "ta1·iff for revenue with incidental protection," aud swear fealty to the Constitution of the United States to a seat in Congress¥ would ha.ve instead a" tariff for protection with incidental xeve This a.nd other protectionist papers bristle all over with like nue." And this declaration, it is aiel, was vociferously applauded expre ions. The bitter irony of the third section of the bill stamls by that convention. That conventional o declared in its publi bed out in bold relief when it is read in connection with t be e bold and resolutions that the "tariff should be revi eel only in the intere t of arrogant declaration and undisguised purpo e of the protectionist protectiOn." who alone are clamorous for the passage of thi bill. It is as follows: Mr. McKINLEY. If the gentleman will permit me to interrupt SEc. 3. That it shall be the duty of said commission to take into consideration him, for I know he does not desire to misrepresent me-- and to thorou~bly investigate all the various questions relatin~ to the a~ricultural, Mr. DUNN. I do not, I am guided hy newspaper reports. commercial, mercantile, manufacturing, mining, and industrial interests of the United States, so far as the same may be necessary to thee tablishment of a judi· Mr. McKINLEY. 'Vbat I did say on that occasion, and that I say cious tariff, or a revi ion of the existing tariff upon a. scale of justice to all inter now, is that I believe in protection for the sake of protection. I do ests; and for the purpose of fully examining the matters which ma:v come before uot believe in a tariff for revenue only or with incidental protection. it, said commission, in the prof!ecntion of its inquiries, is empowered to vi it snch I believe in a tariff for revenue and protection, and if there is to be different sections of the country as it may deem advisable. any incident about it I would have jt a tariff for protection with The "revision of the existing tariff and the exi ting system of incidental revenue. internal-revenue laws, upon a scale of justice to all," is very gooll, l\1r. DUNN. That is what the papers reported the gentleman as indeed. Sir, it is a ham ·and a false preten e by which the country saying; and that is wh.at I have stated. And his declaration was will not be deceived. All know that if this bill becomes a law the applauded by the convention. comrui sion will be organized to carry out the views expre ed u~· A little later another "national tariff convention" met in Cooper tho e papers. Let us then "beware of the leaven of the Pharisee ," lru;titute, in New York. In the address published to the country by for it is hypocrisy. that convention, I find the following: Having worked up the present high protective system for the We bold, therefore, that the policy of protection, which has done so much in avowed purpose of meeting the necessities of the Treasury incident. the few years since it was solidly established, must be firmly maintained, and that to a great war, the protectionists now propose to treat it as the settled in whatever respect8 the laws come short of this, either from defects in their enact and deliberately established policy of the Government, and to retaiu ment or lack of fidelity in their execution, it is the duty of Congress to provide a remedy. it, not for revenue, but for protection. They now adopt the tactics An<.l aga.in, under the head of "nece sity for taxiff revision," they of Dickens's" circumlocution offices," and are trying to find out "how say: not to do it." They are determined that this tariff- It is conceded that a general revision of the tariff is now required to accommo Shall, like a curse, o'er all our future lie. dat~ it to the chan.,.ed and e~anding condition of our indusb:ie . The cautious Mr. Chairman, I congratulate the country upon the indirect oppor etlort in framing. ~hedules of duties to measure out just the amount of protection neecled has proved iu instances to be mistaken parsimony, and a more liberal spirit tunity that this bill affords for a general disc.ussion of the subject to [in the lllt>a-..sur c of protection) may be manife ted with safety. tariff taxation and for a general review of our own tariff system. If is well for the attention of the country to be dmwn to this sultject at This work of revision should not be attempted until the whole subject has b een once, for I am well satisfied that when once the America.n people are iuvestigatecl by a competent civilian commission, appointed for the purpose, and brought to closely and dispassionately scrutinize the pernicious and acting as rep1esentatives of the American Government. iniquitous protective system which our friends on the other side boast Such a commic:sion, composed of eminent men having practical knowledge of of having "solidly established," they will brush it away like a cob agriculture, m}tnufactures, and commerce, must secure the confidence of the coun web, and provide in its stead a just and constitutional system of rev try, and it~ report would l.Je a safe guide to legislation. enue tariff. \Vhen it is investigated in the light of the Constitution We claim that tbi. is the true method of tariff revision, and, pending such it will be found to be now witlwut constitutional warrant or au intelli::ent anll 2824 CONGRESSIONAL REOORD.:::...HOUSE. An import duty is a tax levied upon foreign goods imported into the On the 2d of March, 1833, I belieT"e the day before the act of Julf 1832, was to have gone into effect and two da.ys before he went out of office, President Jack on country, and is paid by the consumer of such goods. To the extent signed the compromise tariff bill which hau been introduced by Mr. Clay and passed tha.t it is levied and collected to aid in paying necessary expenses of both Houses of Congress, under the protisions of which the ad valorem dutie of the Government it is laid for a public purpose. Beyond this point the act of July, 1832, were gradually reduced until 1842. when the;r. were not to the object must be a private purpose, clearly coming within the exceed 20 percent. In 1846. under Mr. Polk's administration, the tariff was remoc'l. eled, with a re1luction of duties, and by the act of March 3, 1857, they were again bounds of legal inhibition. reduced to an average of about 19 per cent. on dutiable goods. These high judicial authorities, of themselves sufficiently conclu sive, might be further supplemented and fortified by a continuous From 1861 until the pre ent time the present highly protectiv-e and connected lin€' of opinion of all of the public men of the past tariff, known as the "Morrill tariff," ha · been in force, nuder which (commonly called the fathers) going to show that tbe sole and ouly the average rate is about 45 per cent. It appears fi·om thi history co:astitutional power is to lay and colleet taxes, whether tariff or that high protective rates of tariff prevailed during all these year" excise, for public purposes-revenue being the sole legal object recog from 1789 to the present day except the thirteen years from lli47 to nized. That they in many instances advocated a discrimination in 1860, during which perio(l we had an approximately constitutional the schedules of rates upon articles in favor of American manufact tariff" only for revenue.'' ures, then truly in their infancy, is undoubtedly true. But none The protectionists predicteu all manner of direful eYils that were ever advocated protection as a legitimate object of taxation, nor ad to befall the country in consequence of that "fi·ee-trade system, ' a vocated it at all other than a.s a temporary encouragement and aid they called it. There wa.s to be a decline in production, of immigra. to enterpril:;es then struggling for existence. But that was in the tion, of wages, of public or private revcnne, general ruin of ma.nu morning of our national existence, three-quarters of a century ago, factures and merchants, suspension of banks, unparalleled distress and the reasons upon which their arguments were ba ed have ceased among the laboring poor, and a reduction of the revenues of the to exist. And while we all join with one accord in singing- Government to the verge of bankrupting the Treasury. Did the e Long live the oak the fathers planted dreadful things all happen T And how does the history of our national pro perity, growth, and development during that period compare Yet let it be remembered that- with the high-protective periods t He is the true conservative who prunes the molding branches oft. I imagine that the friends of the con titutional "revenue-tariff" Robert J. Walker, the great Secretary of the Treasury under Presi . ystem would be more than willing to rest their case upon there nlt dent Polk, summarized this doctrine in the following wise, state - of the comparison. I will not ofter my own account, bnt will let manlike, and logical language. He said : others speak whose authority has always commanded a nation' con The constitutional power of Congress to lay and collect taxes, duties, imposts, fidence. and excises does not authorize the laying of a prohibitory duty or a duty in which In a letter puolisheu in 1867, Ron. Robert J. ·walker, wbo was Mr. revenue is sac.rificed to the object of protecting the manufacture of the commodity taxed. * * * A dh·ect tax or excise, not for revenue but for protection, clearly Polk's Secretary of the Treasury, said : would not be within the legitimate object of taxation; and yet it would be as mnch A tariff for revenue, as experience has shown, instead of de1lressing- improT"cs so as a duty imposed for a similar purpose. all industrial pursmts, including- manufactures, and vastly augments the wt-alth of the country. Under the tarift' of 1846, as shown by the census. our wealth in Suppose the Government should levy a tax of twenty-five cents crea ed, frdtn 1850 to 1860, 126.45 per cent.; whe r·eas from 1840 to 1850 the increase per pound on all tobacco not raised in Virginia and no tax on the was only 64 per cent.; from 1830 to 1840, 42 per cent., and from 1820 to hi30, 41 pt--r t.obacco raised in Virginia. That would protect auu encourage the cent. o, also. from 1850 to 1860 onr agricultural products increa. ed 95 percent., "infant production" of tobacco in Virginia. Or impose a tax of and our manufacture::~87 per cent., being in both cases nearly double any preceding ratio of increase. So, also. our exports, imports, and revenue nearly triple(l in tho one hundred per cent. ad valorem on all articles manufactured in same period of time. and our domestic trade ro e nearly in the same ratio. Thit~ the si:X. New England States and sold in the other States, a.nd no tax auJr!Dented ratio is not the result of increase of popuhition, which fr·om 1850 tu on like articles manufactured in the other States. That woulu en 1860 was le~s than. 36 per cent. The Irish famine was suppo ed lJy my opponents courage and protect the "infant manufacture " in the other States. to account for the mcrease the first year, althou::rh the rlecreasetl price patd abroad that yP.ar for our cotton nearly equaled the additional sum paid by Englanu for How long would American citizens outside of the favored States sub our breadstuff.~ and provisions. But the next year and the next, before any f!Old mit to such protective internal taxation Y Yet how does it differ in had reached here from California, ou.r ell.'lJOrts and revenue went. on augmenting principle or effect fi·om a protective duty impo ed on all steel, iron, in a corresponding ratio, rising in eight years from $22,000,000 under the tariff uf or fabrics ()f wool, or cotton, or on copper, or anything else that 1842 to $64,000,000 m11Ler the tariff of 1846. enters into our domestic consumption f Let it be borne in miud tha.t these are not 1\fr. Walker's figures, Can any one argue that a tax that is designed to protect-i. e., to b.ut are taken from the official census and Trea ury reports. increase the profits of private persons engaged in manufactures, or ~11'. David A. Wells says that- mining, or agriculture, or other business-is levied for a public puT The value of our manufactured products exported constituted a smaller pro· pose f No one can argue tha.t such a tax subserves any other than portion of our total exports in 1879-'80 than they did in 1869-'70, and the propor· a private purpose-conferring benefits on individuals. The fact tha.t tion was smaller in 1869-'70 than in 1859-'60. Or, to l>nt the case ditl'ereutly, in 1859-'60 the value of our mannfactureu exports constituted 17.5 per cent. ot' the building up manufactures benefits a comm1mity can be no more con value of our total exports. In 1869-'70, after ten years of a high-tariJ:I' polic,y, th<'y sidered than similar benefits conferred by building up newspa.pers, bad rnn down to 13.4 per cent.; and in 1879-'80, after another ten yea.rs of hl,;e ex or dry goods, hard ware, or bYTocery enterprises. perience, they were fm·ther reduced to 12.5 percent. of our total exports. Durin~! All acts of Congress imposing and levying duties and excises have the same perwd the export of our uruuanufactured, nnprotected articles iom·ea~etl been "bills to raise revenue," and hence if they contained motives ~o~eat~~j~l~~~f8~~.3 per cent. of our total exports in 1859-'60 to 87.5 per ceut. for protection they could not be inquired into, and therefore could On the other band, the. value of our import of foreign merchandise, which was not be judicially tested in that respect. Bnt if Congress §hould now at the rate of about $10.80 per capita in 1860, increa:led to $11.21 per capita in 1 70, enact a law repealing a~existing tariff laws, and then bring in and and to,. $13.36 in 11!,80. * ,. " ,. ,. pass "a bill to protect .Aiilerican manufactures," and for that purpose During the ten years from 1850 to 1860, under a tariff of low duties, we increas<'d impose high protective or prohibitory rates of tariff on all imported onr exports of manufactured articles in the ratio of 171 per cent. . ; lJut during the goods of the same kind and character a.s those manufactured in the next twenty years, or from 1860 to 1880, under a protective tariff, the correspond United States, does any one believe that its provisions could be en ing; increase was in the ratio of only 89 per cent. f<,rced by process of law¥ Do we not all know it would be held to Again, in his report as Commi.ssioner of the Revenue, in January, be unconstitutional, and, hence, null and void by the courts t It 1869, Mr. Wells makes the following comparison of price of hLbor, could not even stand on the grounds of" public policy," so flagrantly the cost of living, and net earniugs of laborers in maunfacturing es would it be in viola.tion of the Constitution. Shall we do indirectly tablishments in 1860-'61 and 1867-'00. Here let it be oorue in mind what we cannot do directly t Is it honest or just? Where revenue that wages were then at their highest: ceases robbery begins, under the operations of our tariff system. Average aggregate weekly earnings in 18G7 of jmnilies. Protection as a principle is not only without constitutional war rant or authority but it is also 1m wise, unsound, unjust, and ruinous as an economic national policy. That protection that results as the inevitable incident of necessa.ry taxation levied to support the Gov ernment is wholly a~~other matter. In entering upon this phase of the subject it may oe instru0tive and useful to briefly review the history of our tariff legislation. Size of families. Senator COKE, in his exhaustive and unanswerable speech deliv ered in the Senate on the 7th of February la t, thns sunuuarizes the history of tariff legislation in this country: So it was in 1789, when the first tariff law was pa-ssed, with an average ad valorem duty of 8! per cent., its operation limited to 1796, avowedly "to give onr infant industries a start," and only temporary. The very next year tari1l' duties ------1------were raised to an average of 11 per cent. In 1792 they were raised to 13! per cent. In 1816, the average rate of duties was 30 per cent. under additional legislation Parents and one child ...... $10 24 $17 00 $6 76 which had been passed in the JPean time. Under the tariff of 1824 they were raised 'l'hree adults ...... 8 35 17 52 9 17 to an average of 37 per cent., and under the a{lt of 1828, jnst forty years after the Parents and two children ...... 12 26 18 75 6 49 first tariff law had administered an aliment of 8! per cent. as a purely temporary ex Parents and three children ...... 15 02 19 50 4 48 pedient to our "infant industries," the rations of that •· infant" were increased to Parents and four children ...... 17 79 23 33 554 an average of 41 per cent. ;I: tis always thus, with industries taken out of the pure, Parents and five children ...... 15 23 17 11 1 88 bracing atmosphere of free competition and healthy, hardy self.reliance, into the Parents and six childl·en ..... -~ ...... 11 67 13 !10 1 3 hot-house of Government protection, to be fed on the stimulus of Government Parents and seven children ...... 23 78 25 00 1 22 bounty-the cry forever is "More! More!" Qn the 14th of July, 1832, the tariff was again remedeled in the interest of high protection, and out of this act grew General average ...... _...... 1429T18961 4 tr: the South Carolina. nullification troubles. 1882. CONGRESSIONAL RECORD-HOUSE. 2825 Table slwwing the average 1oeekly expenditures of fmnilies for provisions, So that the "American foreign trade in protected manufactm·es is lwuse rent, clothing, g·c., in the towns of the United States for the years practically annihilated." But, sir, did any one here need to be told 1860 and 1867. that'i' We are constantly told that Grea,t liritain derives her na tional strength mainly from her commerce, and that her manufact Weekly wages.* Expenditures.* !! Surplus. ures almo t entirely sustain her commerce; that she well under I stands this and that to protect, encourage, and extend her manu Size of families. factures has been the wise and uniform policy of her far-seeing states men tor centuries, and the result is seen in a manufacturing pros ------t-1-8-67_._ --1-86_o_. _ l_186_7_._1_18_6_o._ ·-1-86_o_. _ perity that iA without a parallel. Englaml has indeed well deserved Parents and one child...... $17 00 $12 00 $17 00 $9 60 $2 21 every word of that splendid compliment. Three adults ...... _...... _. . 17 52 12 00 17 52 10 31 1 69 Sir, protection in England has always stood upon a different foot Parents and two children .... __ ._ _ 18 75 11 50 18 75 10 79 71 ing from what it has here. In the early days it was no mixed idea .Parents aml three children . ... _.-_ 19 50 12 01 19 50 11 33 1 08 of revenue and incidental protection, nor of protection per se, in lay Parents anfl four chihlren ..... _ __ _ 23 _33 14 15 23 33 13 18 97 Parents and five chilcH'·en...... 17 11 10 37 17 11 9 46 , 91 ing a tariff for revenue; but the Parliament of England came to the Parents and six children ...... __ . _ 13 50 I 9 50 13 50 I 7 67 I 1 83 point at once. It forbade exportations, and prohibited importa Parents and seven children...... 25 Ov 15 17 25 00 14 09 1 08 tions of special articles of manufacture or of raw materials, as it was disposed to protect or nourish or encourage certain interests. Pro General average. __ ._._ .... _. ls96 1 1216f1896f1085 1 ~ tection was then treated and regarded as an independent proposi tion, not connected with the raising of revenue in any respect. But *.A.verage. as the ta1·iff came into common use and was found so valuable a It has been assumed, in the above table, for purposes of comparison, that the resource of ra-ising revenue without creating discontent, it was soon total average weekly wages obtained in 1867, viz: $18.96 per week, were entirely discovered that it might be put to other most effective uses, among expenrled and in the following proportions: $14.29 for pro\risions, rent, fuel, &c., and the balance. $4.67, for oiothing, domestic dry ~oods, housekeeping articles, which was insidious protection. .And it is true that England as well luxuries, &c. Now, the same quantities and qualities of provisions. groceries, as other nations got upon the "fool's hill" of tariff protection, and clothing, rent, fuel and housekeeping articles could ,have been obtaineit in 1860 there remained lonRer, as I sincerely trust, than we shall. and 1861 for the respective snmR indicated in the fourt1i column; showin11= an aver Bnt, sir, England s Parliament was omnipotent and unrestrained a~e weekly cost of $10.85 in 1860, as compared with $18.96 in 1867; and leaving a balance in the :year 1860 of $1.31 (gold) per week in favor of the operative, as in that respect by constitutional limitations, and went directly to against no accrruil!Z surplus whatever in 1867-'68; or, in other words, supposing the the core of protection. It classified interests; it encouraged one and requirments for food, clothing, and Rhelt.er to have been the same in 1867 as in 1860, pnt down another; it protected one and destroyed another in the· the operatives referred to in the table, who received in 1867 an average of$18.96per week, obtained in that year only sufficient to give them the actual necessaries and plenitude of its unrestrained powers. It legislated without limit comforts of life; while the same men whose average weekly wages in 1860-'61 were upon all, just as the whim, caprice, passion, interest, judgment, or only $12.16 obtained with such earnings at that time the same arlii.cles of comfoJ:t; delusion moved the Parliament or as it was moved by one class or and necessity, and had in addition a surplus of $1.31 (gold) per week, or $68.12 the other. At one time it prohibited the exportation of cattle and (gold) per annum. It should be noted, too, that the persons whose wages have been discussed were classed as skilled workmen. corn; a.t another it prohibited the importation of cattle, corn, or salt provisions. And thus she ran her course of blind folly through the Professor Sumner, of Yale College, in one of his lectures on "Pro ages until wise statesmen came and saved her from herself and lecl tection in the United States," said: her down from "fool's hill." And she is now far ont on the plain of The period from 1846to 1860 was our period of comparative free trarle. The sub progress, in advance of all the nations of the earth, and justly enjoys treasury act of 1846 removed subjects of currency and banking from national legis the admiration of the whole world. lation. Thus these two topics were for a time laid aside. For an industrial history And, sir, I admit that England still protects her commerce and of the United States no period presents greater interest than this. It was a period her manufactures. But the protection that she extends to them to of very great and ver~ solid prosperity. The tariff was bad and vexatiouR in many day is the only effective and enduring protection that can be given i;:~!t~! ::r~er:;d~d ~~~l :::c~;mt!rt~tt e~lh!~~~~:dt~~:~~~::::~:r~:r~hb~~ by any government on earth. It is a policy that exempts capital cidental protection." The manufactures which, it had been said, would perish, did employed in manufacturing and banking from all direct taxation not perish, and did not gain sudden and exorbitant profits. They made steady and genuine progress. The repeal of the En_glish corn laws in 1846 opened a large mar under the excise laws, and all food and raw materials import-eel from ket for American a~cultural products, and took away the old argument which foreign countries from all taxation under the tariff customs, and Niles and Carey baa used with such force; that Englam1 wanted other countries to strikes the shackles from commerce and proclaims cc free trade." This h.'l.ve free trade, but would not take their product . The effect on both countries wise and enlightened policy enables the British manufacturer to was most happy. It seemed as if the old system was gone forever, and tl1at these two great nations, with free industry and free trade, were to pour increased wealth apply the largest amount of home labor, fed with the cheapest pro upon each other. '.fhe fierce dogmatism of protection and its cleeply-rooted preju visions, to the smallest value of raw material under such conditions dices seemed to have undergone a fatal blow. Our shippin_g rapidly increa.Red. Our as enable him to place his finished product in all foreign markets at cotton crop grew larger and larger. The discovery of gold in California added mightily to the expansion of prosperity. The States indeed repeated our old cur the lowest possible cost. rency follies, and the panic of 1857 resulted, but it was only a stumble in a career Any other policy will, by enhancing the cost of food and raw ma of headlong prosperity. Wo recovered from it in a twelvemonth. Slavery a-gita terial, inevitably swell the cost of manufacturing and result to the tion marked this period politically, and if people look back to it now they think direct benefit ofthe foreign competitor. England therefore not only most of that; but industrially and economically, andlwilladd also in the adminis tration of the Government, the period from the Mexican to the civil war is our continues to protect her commerce and manufactures, bnt she h::ts golden age, if we have any. There was simplicity, even to dullness. in national found out how to protect them; and her policy is worthy of all imi affairs. .1t was one of thoRe happy periods when a nation has little history. .A.s tation. far as the balance of trade is concerned, it never wa more regular and equal than in this period. IT IS TO REMOVE BURDENS, TO CHEAPEN COST, AND REDUCE PRICES. So that whether compared with the period of more moderate protec Our method, on the contrary, is to levy a tax, thereby imposing tion prior to 1S46, or that of high p1·otection since 1860, the advan burdens and increasing cost and prices and reducing consumption. tagQ is all on the side of the revenue-tariff system, and protection The one is a bounty to the consumer, the ot.her a bounty to the draws no comfort nor support from it; a.nd all the talk about the manufacturer or producer. The one the method of abundance, the mcreasing ability of our manufacturers to command foreign markets, other of scarcity or privation, and as our difficulty is excessive _cost of our industrial supremacy in these departments, and that Great and high prices we would do well to consider this difference and Britain is pervaded with apprehension thereat, is falsehood and non study the lesson that England teaches ns. But we are assured that sense. a protective policy is absolutely necessary in order to protect the England alarmed, indeed! England is never blind to her own inter American laborer from the competition of the pauper labor of est, and is delighted to see the only great nation capable of aspiring Europe. to successful competition with her in the world's commerce adopt a Now, sir, while I do not concede the correctness of this argument, policy that literally annihilates its foreign trade and leaves her the I am willing to go into a fair investigation of that question, and to undisturbed misttess not only of the seas but of the world's trade clo all that may be constitutional and needful for the protection alHl and commerce with all its rich fruits. \Vhat cares England for free amelioration of American labor-not a .small part, but all of it. As trade with our 50,000,000 of people if we will only ad.here to our pro suming, for the argument's sake, that American labor does need pro tective policy of manufacturing (and producing) only for a home tection against the competition of European cheap labor, (if there market and leave to her the undisputed possession of the trade and is any there cheaper than onrs,) let us inquire, first, what amount commerce of the remaining 1,400,000,000 of the world's population l of protection our labor needs against the so-called pauper labor of The following cahle dispatch, in relation to proceedings in the Europe. In other words, what percentage of duty will the so-ca1letl English Parliament, shows bnt too plainly that England clearly higher wages paid here than paid abroad require T :Mr. Brn·chard, tho understands her own interest as well as our folly. It reads as fol present Director of the Mint, who is justly noted for the correctntltl:-; lows: of his statistical information as well as for being one of the ablest ·and most thorough investigators of the times, in a speech deliveretl LO:~><"DON, March 24. by him in the Forty-fifth Congress disposed of that qtlestjon as fol In the House of Commons this e~ening Mr. Ritchie moved that a select com· mittee be appointed to inquire into the effect of foreign customs tariffs on British lows. He said : commerce. R.i.,.bt Ron. J osepb Chamberlain, president of the board of trade, re minded Mr. Ri&;hie's supporters that protection in .America was introduced as a PROPORTION OF COST OF WAGES TO TOTAL COST. temporary measure to stimulate infant industries, and that of the t.otal amount of Wages, as the statements of manufacturers and the census reports sl.Jow, con ex-ports from America. 90 per cent. consisted of food a-nd raw material, which were stitute but a fraction of the total cost. not subject to a protective tariff at all, so that tho foreign trade in protected man The avera~e comparative value of wao-es, material, and the balance for iu terest, ufactmes was practically annihilated. taxation, profits, &c., in each dollar of tfie manufactured pro~uct~ ~a few: ~ .....; .....-~ on tt•c occa ion of llis ~;even tieth birthday. He aid, after reft"rrin.r ,;, ~ ~ ·:d to the original oppo. itiou of Mr. Disraeli: "' Q · ~ Articles. tj) ~g There was an actual doubling_of the wages of the laborers in Lord Beaconsfield's al ~ ~~ own county of Buckingham. l:'erhaps some of you may recollect a letter which ~ ~ p. was pnbli wed almost imm{'diately after Lord Beaconsfield's death, which he wrote ------1------ton. gentleman who had ent him a book about the condition of the population in the south western counties of England, and Lord Beaconsfield said be thought he Textiles ...... 19! 17~ Cottons ...... 22 16 underrated the impro•ement in the condition of the farm laborers; that according to his opinion tl1e rise in the wages of the farm laborers had been at least 40 per Woolens ...... li'i 62 20~ 16 G4 20 cent. ; that is lOs. of wages per week had ri~>en to 14s. per week. I believe, in de d, 17 33 that in many parts of the country the wages of fann laborers, takingiutoacconnt ~:-t::::: :::::: ::::::::::::::::::::::::::::::::::::::::: l 30 the bom·s which they work and all particulars, are doubled since the free-trade policy was established. (Hear! Rear!) Now, take the other class of men. I ~hese comparative proportions of labor and material in the value of the finisht>u walked down from the Refoxm Club through the park to the Honse of Commons product are corroborated by the manufacturers themselves, as gi>en in state nne day in the past summer, three or four months ago, and a. man-an intelligent, ments made by them to the Secretary of the Treasury in 1849 and published in the respectable-looking workingman-joined me and addressed me by nan1e. I asked ~'reasury report for that year, which I hold in my hand. They vary somewhat in him how he k'"Uew me. He knew me 1Jecai1Se, he said, " I have beeu a good deal c:lJfferent goods, but the average agrees wi.th the tatement I have made. Takiltg in Birmin In commenting on the strikes then imminent in Mancha ter, Consul Shaw, in Tbe law was altered so that the bread could come here1 and a great many things the report transmitting the foregoin~ table, says: l1esitle brea Thus in the anthracite coal industry in Pennsylvania, the number of hands Number engaged in a few other unprotected pursuits: emploved increased during the ten years, from 1870 to 1880, in the ratio of only Blacksmiths ...... -. .... --- ... -..... - -- .. -... -·- · · 141,774 6.4 per cent: while the gain in product was in the ratio of 45 per cent. Carpenters and joiners ...... -.. 344,596 In the copper-mining industry of the United States, the increase in product for Root and shoemakers ...... - .. - ...... 171,127 the same deoade was 116 per cent., and in value 75 per cent., while the increase in 154,027 the number of employlls was only 13 per cent. ~~~~!~~~r:~~~~.-;.~a: t~~~~t~~~~ ~:: ::~:::: ~: :~::::: ~ ::::::::::::::::: 120,756 But, sir, the very bottom fact is that all this clamor of the protec Clerks in stores ...... -- ... -.... --... - - . -. - 222,504 tionists for the protection of American labor is cant and hypocrisy. Teachers ...... 126,822 Mason!! ...... __ ...... _...... 89,710 The broad road to the sure protection of American labor is to remo>e Painters ...... - . ------.. ---- - ... 85,123 the burdens of taxation-tariff and internal revenue-::-from all the CaiTiage ancl wagon makers ...... -.. --. ---... -.. .. 42,000 laborer consumes, thereby reducing the expense of living and in creasino- the purchasing power of his wages; increase employment Total ...... _. _...... 1,498,439 by exte~ding our commerce hy increased exports and imports, and The following table, furnished by the Superintendent of the Census prohibit the further immigration of genuine pauper 1\Iongollan labor of 1880 to Senator HARRIS, of Tennessee, shows the number of la into our country. That, sir, and that alone is true protection to our borers engaged in the year 1880 in the United States in the manu American labor. Are the leading protectionists of the country to be facture of the articles therein named. found on tha.t road T Scarcely one. In solid phalanx they battle for 0 high rates of both internal revenue and tariff taxation on all articles ~o~ :na~t~!i: :::::::::: :::::::: :::::: ~::::: :~ :: ~::::::::::::::: :: :::::: :: ifo: ~~ of every-day consumption, thereby increasing the price of all the necessaries of life and diminishing the purchasing power of wages; for limiting commerce and production, thereby diminishing employ ment; for opening wide the doors to increased immigration of de basea, degraded, and truly pauperized Mongolian labor. All other dangers that threaten the dignity and . independence of American i~~~~~H--!~~~~~HHH~i~/-!!.H~H--/i! ~~ Worsted goods...... 18,803 labor pale into insignificance when compared to the dangers of a Mongolian invasion. Making an aggre~rate of...... : ...... 556,343 Let the American laborer awaken to his danger and, armed with the persons of all ages and sexes thus employe as nearly correct as may be. On this basis then the account would their wealth 78 per cent., sho"ing, us before remarked, a very high stand as follows: annual value of manufactures consumed in the state of prosperity. United States $:->,000,000,000; increased price by ta,riff, 30 per cent., In 18i0, under ten years of very high protection, these ame nine $1,500,000,000; of this the Government receives in tariff revenue "' 193,- States owned two-thirds of all the manufacturing capital in the 800,897-annual bounty to manufacturers, $1,306,199,103. Now fru· United States and had increased their wealth from $5,591,607,424 to ther reduce this one-fourth for articles manufactured here and not $15,2!)0,032,689, being 50 per cent. of all our national wealth, and actually increased in price by the tariff, and we will have $976,549,329 showing in this decade of high protective tariff the enormous guin as the actual bounty paid by the people of the United States annually of 173 per cent. And it doubtless goes on in the same or an increas to manufacturers in addition to the revenues paid to the Government ing ratio. These are not the honest and legitimate earnings of the a sum sufficient to extinguish the entire public debt in less than two capital and industries of those States; it is accomplished by the years. In other words, we have our system of taxation so ananged unjust act of this Government "laying with one hand its power on that for every dollar paid into the National Treasury for tariff duty the property of" all its other "citizens, and with the other bestow on imports we pay $5 into the pockets of the manufacturers. ing it upon the favored" citizens of these States to aid their private If further proof of the correctness of these statements were needed enterprises and build up their private fortunes by the means of thh; it is found in the unnatural and unhealthy increase and accumula iniquitous system of protective tariff. And, let it be again repeated, tion of wealth in the manufacturing States. On this point l\Ir. Bur "it is none the less a robbery because it is done under the forms of chard says :. law." If the tariff secures for the manufacturer of protected articles bounties exacted .And yet, in the face of all this, the cry is still for more. The pro from consumers, localities and States where the favored industries flourish should tectionists arrogantly and defiantly tell us that these burdensome show a rapid and greater increase in wealth. Consistently with this view the and oppressive laws shall be made yet more burdensome. Like the greatest manufacturing States stand among the foremost in the census returns in the per capita amount of wealth. The average is in- wicked son of Solomon, they tell the people that- · · Whereas the fathers did lade you with a heavy yoke, we will adu to your yoke ; K ew York ...... :. . . $1, 483 ?:7 whereas the fathers chastised you with whips, we will chastise you with scorpions. Massachusetts ...... -•...... 1, 463 03 Uonnecticut ...... -...... 1, 441 30 'Vas this increase of wealth shared by the agricultural States dur Rhode Island ...... ------. -----. --. ------.---. __ ...... -- 1, 366 28 ing these same decades f Logically enough the converse of that is sho·wn by the census reports up to 1t370. The States of Ohio, Indi ~~~t;,l~~~- ~ ~~----~~~::::::: ::~~:.-:::: ::::::::::::::.- ~ :: ~:::: ::::::::::: i: g~~ :~ ana; Illinois, Iowa, Michigan, and Oregon may certainly be taken as In contrast, States as old, having as fertile soil, that furnish our great staples for a fair exponent of agricultural thrift for the samo periods. These export, have not one-ha.lf of the wealth. States increased their wealth from 1850 to 1830 (low tariff or free-trade BANK DEPOSITS Tii JIIANUFACTURING STATES. period) 127 per cent. per capita; and from 1!360 to 1870 (high pro These also indicate large accumulations. The total individual deposits in all the tective-tariff period) in the ratio of 64 per cent. per capita. banks of the United States in May, 1875, amounted to $2,017,453,300.87. Of this the Sir, upon these facts comment is unnece ary. Their inexorable banks of the followin~ manufacturing States held far in excess of their proportion according to populat10n: logic will some time find lodgment in the public mind, when the con New York ..... -- ...... ------.--..... --...... $704,385,307 70 flicts of fierce sectional and party pass~ns shall have auated, and the Massachusetts ..... ______. ______... __ ..... -- -- __ -- -- __ .. __ ...... 308, 349, 025 21 mists and clouds of other less important issues shall have been rifted away and cease to obscure them. .And when that day comes, as ~~~:~~vc~~:::::::::::::::::::::::: ~::::::::::::::::::::::::::: 1~: :~~ f~~ ~g surely it will, these fifty or sixty millions of people, awakened to a Rhode Island ...... 59, 238, 036 63 New Jersey .... ------· ...... ------...... ---...... 54,683,592 78 full appreciation of the enormity of the system of urazen robbery and open and audacious spolia.tion to which they have been subjected, Total, six States.--.... -- ...... -.-...... ---- ...... --. 1, 414, 068, 537 52 will rise up in their might and indignation, like Sampson from his The remaining thirty-one States and eight Territories have but $600,000,000 of slumbers, and bursting asunder the fetters with which they have deposits. been long bound, will snap in twain the pillars that support thi Again, in support ofthe same theory, he says: structure of protection and crush the <1 wellers therein. Mr. Chahman, all protective tariffs discriminate against agricul If the ma.nufacturer's profits are greater under hil?jh tariffs than low tarllfs we may conclude it is becau!'le the tariff has secured, as 1t is designed, a higher price ture and in favor of manufactures. Give agriculture absolute free for products than the consumer would have paid without it. dom from Government interference, wit.h moderate taxation for rev Greater dividends at such periods mnst be attributed to this causu, unle&s some enue alone, and its prosperity will be certain, speedy, and permanent. other more probable reason is apparent. :Many years ago a ;publication was issued, and has been annually continued, The commodities they consume are constantly increased in price by showin~.the yearly dividends of New England manufacturing companies. They the tarift~ and their own products of the soil are made to cost them yary Wltn the condition of business and state of the currency. I conden.'!e from a very much more than they should. table presented to the House in remarks I made a. year ago, and group these divi The census of 1870 showed that the value that year of all the im dends by tariff periods. plements and machinery u ed in agriculture by the people wns Profits of New England 1nanufacturing companies under high. and low $336,878,429. At least one-third of the cost of all these is due alone tariff, as shown by Marti'{l.'s Tabl.es of Manzifactu?'ing Dividends, pub to the tariff:~ and is a lo s without any equivalent to the agricultu lislted in 1871, a11d by 81t-bsequent annual appendices, on dutiable imports, rists. It may be assumed as a general proposition that the cost of and average mte of duty fm· diffetent tar·iff jJeriods. production to the farmer is increased at least 30 per cent. by the tariff beyond what it would be under an honest system of taxation for rev enue only. How long will American citizens outside of the favored States submit to such a system f Sir, if we are to have a ptotective policy at all let it be for the "general welfare," and foster inst-ead of rob our greatest interest Year. Remarks. that to which the whole world is beginning to look for the means of living. I repeat, let us at least be as wi e as Great Britain and find out what to protect as well as how to protect. :Mr. E. B. Bigelow, in his review of the Tariff Policy of Englan cent. of our total exports, and tow hose fnlitfullabor tile whole fifty wounded and imponrit;hed by these vicious systems of spoliation and millions of our population look for their own prosperity. That occu plunder, of him it may well be said that- pation that alone, by its great increase in surplus products for ex "Never stoops the soaring >nltru·e port has turned the balance of trade~ which was setting heavily On his quarry in the desert, against us, in our favor to the amount of one, two, and thTee hundred On the sick or wounded bison, millions of dollars per annum, enabling us to resume specie payments, But another vnltm-e, watchin~ J.'rom h..is high aerial look-out, thus lifting the burden of debt from our country and giving us credit Sees the downward plunge, and follows; with the world and honor in the eyes of all nations. That occupa And a third pm-sues the second, tion that brought a return of p).'osperity and gave life and energy to Coming from the invi'!ible ether, First a. speck, and then a vulture, all our industries after the ever memorable crisis of 1873, in which Till the air is dark with pinions." the protective policy of 18G2had culminated; when bankTUptcywas the order of the day; when finance, public aud private, was on "So his Rpoilers come not singly ; c.rutches, and stalwart labor was starving; when the Midas wand Bp.t as if they :watched and_ waited.'' of protection had lost its power even to protect labor from starvation, First the tarifi, then the railroads, and was seen to be a snare, a delusion, and a fraud, as it is; and l:'utures, corners, then the bankers, when the high priests of protection, in sack-cloth and ashes, were • * * "gathering flock-wise Round their 'ictim, sick and woundetl uttering nothin~ but jeremiads upon this floor ana through the Till the air is dark with anguish." Jlress; that tern blo period of which Mr. Banks said in 187~ upon this :floor- [During the remarks of Mr. DuN~ the hammer fell. The CHAIR~IAN, (Mr. RoB:rxso~, of :Massachusetts.) The time Business is suspended. The people do not buy aml they do not sell. They are holding therr breath, waiting for what may possibly be the result of the action of of the ~entleman has expired. · Con!!ress upon these subjects, or for some fortunate and fundamental change in l\lr. TUCKER. I ask unanimous consent that the time of the gen- the oonrlitionof financial and public affairs-a. change that I fear wHl not come. tleman be extended. This year must be one of calamity to the Government, as it i'! of financial and in The CHAIRMA"N. For how longf . dustrial depreasion and distress to the people in all parts of the country. The signs of it are all arouncl us; multitudes out of employment; labor strikes threat ~fr. TUCKER. How long a time does tile gentleman want¥ enetl or inaugm-.1ted of unprecedented magnitude in this corm try and in Europe; ~Ir. DUNN. I think ten minutes will be enough. savings-banks tottering; unpaid taxes accumulating with frilo!:htful rapiclity; debts ~Ir. TUCKER. I move that the gentleman's time be extended for increasing; propurty aiminishing in value ; confidence wanting and hope failing; stay laws suggested or enacted; antl too frequent suggestions of communism antl ten minutes. revolution awakening: There was no olJjection; and Mr. Dux~ resumed and concluded his remarks.] . and of which the present distinguished chairman of the 'Vays and Tile committee rose informally; and Mr. l\lcKTh"LEY took the cha1r Mean Committee, in still more solemn aml sepulchral tones, said : ar; Speaker pro tempore. The loom and the S]lindle stand still. The ruine is unwroug:ht antl the fires are out in the forge, the furnace, and the rollin.0'-ruill. The captains of industry by :\IESSAGE FRO)! TilE PRESIDEXT. thousands are passing into bankruptcy and the laboring people of the COUJ?.trY by millions into want, if not into absolute pauperism. They are not penmtted to A messan·e in writino- from the President of the United States was endure the primal curse and earn their bread in the sweat of their brows. communic~ted to the House by l\Ir. PRUDEN, his Secretary; who also That occupation whose millions of t • .~882. CONGRESSIONAL RECORD-HOUSE . .2833 From this doctrine of unfair and unjust discrimination I most em It would seem quite clear that the power granted by this clause of phatically dissent, and enter against it my most earnest protest as the Constitution to lay and collect taxes, duties, &c., was not solely undemocratic and the very worst of high-protective theories. for the purpose of revenue to pay the debts, and, if you plea e, to From the foregoing quotations it seeJUS to me the following prop meet the expenses of the Government, regardless of the effect of the ositions are substantially conceded by the advocates of both theo laying and collection of such taxes or duties, but for the purpose ries-protection and a tariff for revenue only, or free trade, namely: also of providing for the general welfare of the people. Having the First. We must have a tariff upon foreign imports yielding all or a latter as well as the former in view, must not due regard be had as greater part of the revenues needed to meet the wants of the Gen- to how and upon what such taxes or duties are to be lajd and col eral Government. · lected not only as to the revenue to be raised but us to the effect Second. The present tariff should be revised and reduced to some of the same upon the material interests of the people, whether pub extent. lic or private, which concern the general welfare of the United Third. The tariff should be so adjusted as to raise the revenue States Y The affirmative of this proposition, it seems to me, is needed by the Government upon a scale of justice to all American declared by the very letter and spirit of the Constitution. interests, or in such manner as will rather aid than injure American Can it be seriously contended that the Constitution warrants industries where needed and when promotive of the general welfare Congress to lay and authorizes the collection of duties on imports .of the United States. for revenue only, re~ardless of all other consequences, even if known Fourth. That such tariff, properly a-djusted, will afford all of the to Congress at the tnne of such levy that it would be destructive of Jlrotection needed for our industries. · important private American industries which are contributing to Furthermore, I draw from the foregoing conceded propositions the the general welfare of the country, when by otherwise laying such following, as, I believe, ingenuous, legitimate, and inevitable Gonclu duties an equal amount of revenue could as readily and economically 'Bions and deductions, namely: be collected, and such industries, at the same time, thereby aided That there is at present no real or practical issue between the and protected by being put upon an equality with foreign competi .friends of" protection" and the friends of free trade, or "a tariff for tion f Such a doctrine seems abominable. It never was and I do not fl.'evenue only;" but that our admitted circumstance , wants, and believe it ever will be fathered by the Democratic party or coun interests as a nation and as.::. people, collectively and individually, tenanced by a free and independent people. It is the first and force the friends of both theories upon the tariff question to occupy hlghest duty of a government to protect the lives and property of at present common and undisputed ground. However divergent the its citizens. In the language of Secretary Evarts: policies of the two great political parties of this country may have The first duty of a government is to protect life and property. That is a para been in the past upon the question whether we should or should not mount obligation. For this governments are instituted, and governments neglect ing or failing_ to perform it become worse than useless. This duty the Government have a tariff, which 1\fr. Clay styled the "American system," it must of the United States has determined to perform to the extent of its power toward be admitted that upon the naked que ·tion of "tariff or no tariff" its citizens. * * * Protection in fact t~ American livee and property is the sole both parties are united. point upon which the United States is teruwious. As to how the tariff shall be levied, or the rate of duty which hall While under a strict construction of the rule, a ''tariff for revenue be put upon many if not all of the article of import to be taxed, no only," its application might be held to be the laying and collection doubt there will be a diversity of opinion, and a party issue may be of taxes for revenue, and for no other purpose, althou~h in effect it joined. But how or to what extent the t:r::-iff shall be revised, or would be an unnecessary, reckless, and w~tnton destructiOn of private .as to what rate of duty shall be levieu upon tllis or that article of rights and interests, yet, no sane or fair-minded man would dare to import, is not a question now pending before th-e American Congress. so interpret or execute the rule. ·To this question, however, I shall hereafter advert. Congress cannot rightfully exercise the power of taxation to the THE TARIFF. direct or indirect injury of private property and interest, unless nun The tariff question cannot be solved or regulated properly, in my voidable in order to provide for the common defense or general wel judgment, upon abstract principles or theories. it is not a question fare of the United States, no more than it can lawfully lay and coiled of abstract rights or morals to be determined by arbitrary rules or taxes for the purpose of foste1·ing and building up private interests to confined within established maxims, as "all men are created equals," enrich a favored few and create privileged classes by bounties from ·"equal andexactjusticetoallmen," "exclusivepbvilegesfor none;" the public Treasury, directly or indirectly drawn from the pockets .nor is it to be demonstrated by logical sequences derived from fixed of the people at 1arge. formulas. It is an economic question involving constitutional powers PROTECTION PER SE • .and public policy. We may theorize and indulge in speculative ab In my judgment it is not within the purview of the power granted .stractions ad l-ibitum ad infinitzmt in regard to it; but we will reach by the Constitution for Congress to lay and collect taxes primarily to no practical and beneficial results until we deal with it as a question aid, or to give protection per se to private industries. This I believe .of interest-material, practical interest. Interest ever ha and ever to be sound constitutional law, and sound Democratic doctrine. But will control the world. It is the mainspring of human act.ion. As 'Yhether that power exi~ts or not, I can see no good public purpose, the elder Adams well said- well founded apprehensiOn, or reasonable excuse for its advocacy at Reason, justice, and equity never had weight enough on the fa~e of the earth this time. · -to govern the councils of men. It is interest alone which does it, and it is interest In view of the prosperous condition of onr industries, rapidly .alone which can be trusted. approaching and in many instances having triumphantly pa sed the Let us briefly review the tariff as a constitutional and practical point of successful foreign competition, and aloin view of the fact business question, applicable to our present and future circumstances, that a tariff to raise a revenue by duties on imports necessary to meet wants, and interests. the wants of the Government, requiring not less than from 200,000,000 A tariff is defined to be "a list or table of the duties or customs to to '300,000,000 now, and we may reasonably calculate, as long as our be paid on goods imported or exported." 'rhe power to lay and Government shall last, will give incidentally all of the protectiOn and .collect duties on imports is derived from three familiar clauses of sec encouragement that any of our industries and labor need or ever will -tion 8 of a1·ticle 1 of the Constitution, which are as follows: need, the doctrine of "a protective tariff," seemstometo beanefi"ete The Congress shall have ~ower to lay and collect taxes, duties, imposts, and dogma, of no public utility, and valueless for good. It may serve :r~:~:t~dYS~~~bts an provide for the common defense and general welfare partisa,n purposes, by frightening the timid with spectral dangers that do not exist and alarming the poor dependent laborer and opera To regulate commerce with foreign nations. tive with threats of no work and the horrors of no bread. • * * * FREE TRADE .ll."D DIRECT TAXATION. To make all laws which shall be necessary and proper for carrying into execu Free trade meana direct taxation. ·without direct taxation Ly tion the foregoing powers aud all other powers vested by this Constitution in the which to raise the necessary revenue to support the Government we -Government of the United States, or in any department or officer thereof. cannot have free trade. In construing the clause first above quoted, Story, in his work on Since the early history of the Government internal or direct taxa the Constitution, holds that to make the text plain and certain in its tion has been an unpopular measure, and generally avoided, except meaning contemplated by the framers ofthe Constitution ·the words when necessary to meet extraordinary expenditures and public "in order" should be inserted after the word" excises," so that the exigencies arising from the necessities of war. .same will read : To raise the principal revenue for the support of the General Gov To lay and collect taxes, duties, imposts, and excises, in order to pay the debts ernment by dutiesonimports, bytonnageandfromthesale ofpublic .and provide for the common defense and general welfare of the United States. lands, has been so long and so uniformly practiced by each of the two Thus limiting the power of the Government and showing its object great political parties in this country whenever in power, that it to be to tax for the purpose of paying the debts and providing ''for may be styled a " time-honored and settled policy of the American the common defense and general welfare of the United States." people." Story further says in commenting on this clause: This is a question of the past, yet a few with extreme views favor If the tax be not proposed for the common defense or general welfare, but for ing the abstract principle of free trade may look forward to the day other objects, (as, for instance, for propagating Moham.edanism among the Turks,) when the policy of direct taxation and free trade will be adopteu in it would be wholly indefensible upon constitutional grounds. the United States. I cannot believe, however, that any prominent In regard to this clause, Paschal, in his Annota.ted Constitution, American free-trader can be found so extravagant in his views on says: that subject as to advocate or wish the immediate adoption of the The laying taxes is the power and the general welfare the purpoae for which system of direct taxation for all Government purposes. ,the power is to be granted. If, as is a-dmitted; in the early days of the Republic onr infant Xlll-178 2834 CONGRESSIONAL RECORD- HOUSE. APRIL 12~ mdustries needed and received and have continued since to receive that ;would follow quickly upon the heel of such a rash step. It the benefits of protection under our tariff system which has made the requues no overwrought imagination or prophetic vision to see the Eastern and :&fiddle States rich and prosperous, in all fairness should disastrous result. The silent mill-wheel, the deserted factory the not the infant industries ,just springing into existence in the South vacant work-shop, the bankrupted and ruined merchant, the dtort and West and on the Pacific slope also receive and enjoy some of the gaged farm, the unmarketed farm products would tell the sad tale in benefits of protection such as may be fairly given by a proper ad stronger and more forcible language than tongue can use. justment of the tariff for revenue, which we must have' Can the A TA.RIFF FOR PROTECTION VERSUS A TARIFF FOR REVENUE ONLY. Representatives from those sections needing such protection satisfy their own judgments and sense of justice, or of proper self-interest, The advocates of these extreme antagonistic theories, it seems to or their constituents, with the cold answer: the Constitution of our me, are endeavoring to force upon the people a false issue. In my country required us to lay and collect duties for revenue only, re judgment, both theories areat war with the best interests and the gardless of the consequences i. other than revenue, beyond the raising ge~~ra.l we~are of our countrY:, and directly in conflict with the pre of revenue to carry on the uovernment, we had to shut our eyes; va~ling sentiment of t~e Amer1can p~ople upon the tariff question. the Constitution made us stone-blind, cold, and heartless as to the It 1s co!lceded o~ all s1des that a tariff we_ must have, which, if prop interests of our constituents and the general welfare of our people. erly adJusted, w1ll afford all of the protectiOn needed by every Ameri That is statesmanship, constitutional idolatry, and self-denial beyond can industry and by all classes of American labor. my comprehension. Is it not the dictate of wisdom and sound statesmanship to abandon It is said direct taxation is carried out in all of the States. That this "war of words" upon the abstractions of" protection" and "free is true, of necessity; the States having no control over foreign com trade" and address ourselves to the living practical questions of the merce, are compelled to resort to direct taxation for the support of day upon the tariff now befo1·e the country and so important to settle their respective governments. How heavily those taxes wei ah upon namely, how shall the tariff be revised T Which involves the furthe; the people of the States, let the delinquent tax-rolls and tte long inquiries, how much revenue should be raised by duties on imported records of tax sales answer. But add to the already galling burdens ~o?ds T How ~hall the tariff be adjusted as to the articles upon which of State taxes a direct annual tax by the General Government to the It IS to be levied and ·the rates of duty, so as to raise the revenue amount of its present annual expenditures, not less than· 260,000,000, needed and at the same time give proper aid and protection to do and it would be difficult to overdraw the picture of financial distress, mestic labor and industries T These are the practical questions which disaster, and ruin which would suddenly fall upon our people. By a the p~ople dem~nd s~all be fairly and au bstantially settled. sudden change from indirect to direct taxation, it needs no unusual While the discussiOn p1·o and con as to protection and free trade study or knowledge of past governmental expenditures, financial his has been of marked and distinguished ability, showing great re tory, or the effect of harsh and oppressive tax laws upon a free and searc~, deep study, and remar!mbl~ ingenuity in the collection, liberty-loving people, or any extraordinary foresight to foretell that ~roupm~ together, ar~ay, an~ d1versifi~d presentatio_n of statistical wide-sprea-d discontent, open defiance of law, violent resistance of facts ana figures, and m making deductions and drawmg conclusions official authority, mobs, riots, and revolts among the people, would therefrom, and in building plausible speculative theories thereon I precede and follow in the pathway of the cold and hated tax-gatherer subm!t, in all r~spec~to the eminent advocates of the two confiicti~g in his rounds of executing the mandates of the Government. By the theones, that httle, if any, approach has been made tow.ard a satis provisions of the Constitution it is declared- factory solution of the practical questions involved in the discussion or. in bringing about any harmony or uniformity of opinion among th~ Representatives and direct taxes shall be apportioned among the several States which may be included in this Union, accordfuj! to their respective numbers. friends and much les~ a~on~ the opponents of t~e respective mea - nres. None of the distingrushed speakers on this suuject have told As an illustration of some of the practical workings of free trade us how or to what extent the tariff should be revised, how much it and direct taxation under the constitutional rule just stated, the sh~uld be reduced, what rate of duty should be fixed on any article people of each State would have to pay annually their share of the of rmport, or what should be put upon the free list. The rusty argu national tax, according to the number of population in their respect ments of a century, many-garbed and newly dressed, have been ive States. dragged before us, yet we are left confused and bewildered in mid .Alabama's share would be about ...... $6,500,000 sea of 1mcertainties1 without chart or compass, to drift whither we Arkansas' share would be over.---...... --- .. • ...... 4, 000,000 may by ill or fair Winds. California's share would be about ...... --- ...... --...... !, 300,000 The protectionist would have us believe that all of our good fortune Georgia's share would be over...... 8, 000,000 lllinois's a!..arewould be about ...... •....••••...... •...... 16,000,000 financially, has been due to high protective tarlil's and all our mis: Indiana's share would be over ....••...... •.••••...... •..•...... 10,000, 000 fortunes are attributable to low tariffs. On the other hand the free Kentucky's share would be over. • • ...... • • . . • ...... 8, 500, 000 trader is certain thattheveryreverseoftheprotectionist'spropositions Missi.ssiP,pi's share would be about...... • . . . • ...... 6, 000, 000 is true. And, strange to say, both theorists have demonstrated con Mistsoun's share would be about ...... •..•.... -...... ll, 300, 000 New York's share would be about.•.•••.•...•...... 26, 500, 000 c~usively, by figures which will not lie, that their respective propo i South Car~lina.'s share would be over...... 5, 000,000 twns are true, although covering the same periods of time and Tennes!lee's share would be about ...••• ··--·· ...... •.•.•••... : ...... 8, 000,000 embracing the same facts. "The longer a man lives the more he Texas's share would be between ...... •. $8, 000, 000 and 10, 000, 000 does • • • find out." Must we not conclude that the effects of Virginia's share would be about...... • . . . • . • . . . . • • ...... • . . . . 8, 000, 000 a high tariff, a low tariff, and o.ffree trade have been greatly exag Let the Representatives of the respective States of this Union carry gerated and overdrawnT the legacy of free trade and direct taxation home to their people as I must confess that the opponents of the tariff have shown them the fruits uf their labors, and political obituaries would be the order selves adepts-experts, if you please-in the art offault-findinrr in of the day all over the land. picking flaws, and if permitted to carry out their theories would !l~~ve A TARIFF l<'OR RXVRNUE ONLY. skilled destructionists; b11t as to repairing and building up they are "A tariff forrevenue only" would require the entire duties under it as mute as a Potomac oyster and as motionless as a feigning opossum to be laid on such foreign im_ports as are not produced or manufact on the approach of danger. In ured in this country, leavin~our home productions and labor subject almost every decade of our country's history we !\ave had periods. to unequal foreign competition. offina~cial prosperity as we~ as sea-sons of financial diSa-ster, whether It being admitted that when duties are laid on foreign imports the tariff was high or low. Under the present tariff we have had American merchandise of like kind is protected here to the extent both hard and prosperous times. We are now enjoying, and have or in some degree, if not to the full extent of the duties, can it be enjoyed for several years last pa-st, a season of unusual and remark denied that the tariff under which such duties are laid is a protective able prosperity unparalleled in the history of our country, yet are tariffT Call it what you please, a "protective tariff,"" a revenue not the signs ominous of business failures and financial disasters in tariff," or "a tariff. for revenue only," it is substantially the same; the near futureT Is not the alarm sounEI.ed by the distinguished· it is the effect which gives the character and not the name. But let ~ntleman from New York [Mr. HEWI'IT] timely and well founded t us consider for a moment what would be the consequences of "a tie says: tariff for revenue only" strictly construed and rigidly carried out. What will be the actual result I do not pretend to predict, but the shipments of" gold have already commenced, the stock exchanges of the country are deeply dis During the fiscal year ending June 30, 1881, there were, in value, turbed and_ v:Yue~ have seriously fallen, mercantile failures are increasin~. and of dutiable merchandise imported into the lJnited States.z $448,061,- confidence IS rmpiUI'ed, so tha.t a. halt has already been called upon enterprises of" 587.95; upon this duties were collected to the amount ot $193,561,- a speculative character, while others, based nP.on sound principles, are compelled 011.17. Judging from the rapid increase in our import duties during to move with great caution. The situation, if not alarming, 1s very serious. If there is not likely to be a. sufficient outlet abroad for our surplus products th~v the paBt eight months over the same period of last year,we may reason must be consumed at home or perish in storehouses and granaries. We can ail ably estimate our import duties for the next fiscal year at not less recollect such periods in our history and know what depression, distress and gen than from $200,000,000 to $'215,000,000. Assuming, as is contended eral disaater such a surplus of products not needed for consumption is sure tc. by the advocates of a tariff for revenue only or of free trade, that entail; our very abundance becomes the source of our misery. the amount of duties collected on foreign imports is added to the From the last report of the Chief of the Bureau of St.ati tics it purchasing cost of a like quantity and kind of American merchan appears that our exports for the year ending }'ebruary 28, 10b2 w ben dise to be disposed of in our home market, would not the inevitable compared with the same period last year, have decreased$109,133, 7D5~ reHult of a strict and immediate enforcement of a tariff for revenue The causes of the sudden changes and reverses in business aud finan only, or of the system of free trade, be the reduction at once of the cial circles are numerous, difficult to determine, and impossible to, market value of such American merchandise.in the hands of .Amer avert. Sunshine and rain and human industry beget rich harvests. ican merchants to the amount of some $200,000,000 t and plethoric purses; drought, frosts, and floods beget famine and dis Pause but for a moment and contemplate the diTeful consequences tress; prosperity and plenty beget extravagance and wild specul~ 1882. CONGRESSIONAL RECORD-HOUSE. 2835 tions, and they, in their turn, beget financial disaster and ruin. As that protection should be given to American labor and products of has been said by Senator SLATER, of Oregon : the farm, field, and workshop. \Vithin this constitutional limit and Wben it is shown tha.t sunshine and rain, winter and summer, heat and cold, to this extent protection is Democratic doctrine, and to this extent and those climatic changes, which have so much to do with our agricultural crops only am I a protectionist. are dependent upon tari1f legislation, then, sir, I shall be willing to believe that In my judgment that political party which wins and maintains our present prosperity is to be referred to the benign inftuence of the present the confidence and succe sful support of the controlling majority of tariff, but not before. American freemen, native and foreign-born, must formulate and de After the words "present tariff" be might well have added also clare the doctrine in substance of a tariff for revenue, adj nsted to give ''free trade" or low tariff legislation, as influencing climatic changes. just encouragement and fair protection to American labor and indus The advantages and disadvantages of a tariff, it seems to me, have tries, in language unmistakable, of no double meaning or doubtful beenoverdrawn. Wbilethepresenttariffisnodoubtinmanyrespects import. oppressive and unjust, and should be revised !'l'nd reduced, that we The predictions that the commission to be authorized by this bill may judge somewhat whether ~r not _the dut1es under the present is intended for delay, and that it will make no report upon which a tariff are so unequally and unfarrly la1d as has been represented, I substantial revision of the tariff can be made at the next session of will give a list of tariff duties collected on the principal articles of this Congress, I believe will prove false prophecies. I have too high imported merchandise du~g the year 1881. . . • an estimate of the intelligence, common sense, foresight, and love of The following are the duties on some ofthe pnn01pal goods rmported office of the party in power to believe that. it would so soon, in the into the United States: short space of nine or ten months, dig its own grave and plot its own Duties which wholly or in part benefit the farmers, stock-raisers, wool- damnation by thus mocking, setting at defiance, and outraging the growers, and other producers of raw materials, collected in 1881: will of the American people. The Republican party dare not play On ani:Inals...... •.••• ...... ••...... ••.• $783,564 69 On breadstuffs ...... ------...... 2, 762,128 48 that open game of deception and treachery, unless it be the last act On flax, and manufactures of...... 6, 984,374 90 in the r~le of dishonor, before the curtain falls upon its inevitable On fruits and nuts ...... 3,341,848 66 defeat, which is as certain to come as the ides of November, 1884, if On hemfo jute, and manufactures of...... 2, 261, 997 78 the Democratic party will be true to its time-honored principles, true to itself, shake off its spell of vacillation and lethargy, cease its 8: E!~~~~~~::~~::::~ ~~::::::::::~:::::::::::::::::::::::::::::: ::: ;; g~~ !i cowardly trimming at every doubting whisper, quit dodging at every On tobacco, and manufaetures of...... 4, 655, 591 67 flittin~ shadow, stop tweedling every political crank, and drag itself from tne meshes of that drag-net policy, thrown out to catch the 4:: followers of every new-fangled ism and popular whim. 8: ~~~~~~~~:: ~:::: :::::::::::::::::::::::::::::::::::::::::::::::: ~ ~g ~g But the appointment of this commission does not necessarily pre 72, 582, 110 85 vent a revision of the tariff at this session of Congress, if, as is con Duties benefiting manufacturers: tended by some, such revision can be had without the aid of a com On bnttolll!l ...... --- 912,134 96 mission. For one, I will most cheerfully give my humble support On cotton manufactures . . . • ...... • ...... • ...... • ...... • . . . . . 10, 825, 115 21 On clock manufactures...... 647,657 14 to any earnest and reasonable effort to bring about the earliest prac On glass manufactures...... 3, 296,541 42 tical revision and reduction of the tariff to a revenue basis. On earthenwares and china ...... -- 2, 727,476 43 To my fellow-Democratslet me be permitted to say, that while we On iron manufactures ...... -~- ...... -...... 12, 115, 096 22 may and do honestly differ as to the propriety or necessity of a tariff On steel manufactures...... 9, 347,438 12 commission, originally a Democratic measure, in which difference there ~~=a~~=~~~~~:::::~::::::::::::::::::::::::::::::::::::: 4, ~~:: :~ ~ is no party principle involved, if we will dispassionately and ingen On wool manufactures ...... -- ... 22,424,809 35 uously confer together as brothers and friends of the same political faith, for the purpose of determining what is, or should be, the tariff 67, 110, 792 04 Duties' on luxuries: policy of the Democratic party, I am confident we will find little or On confectioneries ...... 2, 050,987 75 no substantial differences in opinion on that onestion. We must On diamonds ...... 835,052 19 admit that the extreme and impractical theoretical free-trade views On embroideries ...... 1, 096, 756 50 and a greatly magnified hostility to a tariff expref:!sed by some Dem 2, 934, 850 75 ocrats have caused a lar~e number of producers and laborers, as well 8~ ~;Ya~'!~rl~~~~!::::::::::::::::::::::::::::::::::::::: 911,021 87 1, 369, 763 60 as capitalists, to misuna.erstand and take alarm at the position of ~ ~:~~~~e;;j~~~:::: :::::::::::::::::::::::::::::::::::::::::::: 6, 471, 641 54 the Democratic party on this question and have driven thousands of honest Democrats from our ranks, to our (liscomfiture and defeat. 15, 770, 074 20 This false impression we must correct by a plai& enunciation of~ our Duties on other articles: principles upon this question, in harmony u.s I believe with the views On chemicaLs, drugs, dyes, &o . . • ...... • .. .. • . . • .. • .. • .. . .. • • . .. .. 4, 635, 261 10 On coal...... 516,006 95 I have indicated. True Democracy is of broad and liberal princi On salt...... 920,056 90 ples, embracing within its parental care the interests, constitutional On spices ...... 1,095,139 10 rights, and liberties of the whole people of this Union. Those prin On woods, and manufactures of...... • .. 1, 536, 024 59 ciples let us hold sacred and maintain at all hazards. 8, 612, 488 64 [Before Mr. UPSON concluded his remarks the hammer fell. 'fhe CHAIRMAN. The time of the gentleman bas expired. Excess of our exported over imported merchandise during the past Mr. MUTCHLER. I move that the time of the gentleman be ex six years, namely : tended so that he can conclude his remarks. 1876. Excess of exports ...... $79, 643, 481 Mr. KASSON. May I ask how much more time the gentleman 1877. Excess of exports ...... 151, 152, 094 from Texas [Mr. UPSO:N] desires 7 2.57, 814, 234 Mr. UPSON. Not very long. ~~g: ~~~:: ~~ :~~:::::::::·.·.::::::::::::::::~ :: ::::::::::::::: 264, 661, 666 1880. Excess of exports ...... 167, 683, 912 Mr. RANDALL. Does any one else want to speak to-night 7 1881. Exces.s of exports ...... -...... 259, 712, 718 Mr. KASSON. I asked the question for the reason that there is a great pressure upon the time of the committee. I do not wish to be 1, 180, 668, 105 ungracious to any member, but another gentleman ia ready to go The excess of our exports over imports of merchandise for the whole on this evening. I will not object now, but I trust the extension of period of our national existence prior to the last six years did not time will be limited as much as possible, and it may be necessary amount to $150,000,000. In this table may be found the chief expla for me to beg other gentlemen not to put on me the duty of object nation of our extraonlinary financial prosperity during the past six ing to an ext-ension of time. years. As to what extent, if any, the present tariff may nave brought The CHAIRMAN. Does the gentleman propose any limit to the about this result, I will leave that to the speculative theories of the extension of time 7 protectionist and free-trader. It is not my purpose toenterupon that Mr. KASSON. I desire that there shall be some limit, otherwise wide field of disputation, involving the complicated questions of the other gentleman will be thrown to a. very late hour this even- supply and demand, trade and commerce, manufactured and raw products, peace and war, climatic influences, failure of crops and in~he CHAIRMAN. How much additional time is desired 7 abundant harvests, extravagance and economy, John Bull stubborn Mr. KASSON. I have no objection to ten minutes. ness and Yankee ingenuity. Mr. MUTCHLER. I will ask for twenty minutes more for the Upon the tariff question I believe the true democratic doctrine and gentleman. · the general sentiment of the American people to be, a tariff for reve Mr. HEWITT, of Alabama. It is too late for another speech to nue, needful for carrying on and meeting the obligations and wants night. of the General Government, adjusted, as fur as may be, to afford The CHAffiMAN. The gentleman from Pennsylvania [Mr. MUTCH necessary protection against foreign competition to all American LER] asks that the time of the gentlema». from Texas [Mr. UPSON] labor, products, and industries, upon a scale of justice to all domestic may be extended for twenty minutes. interests, with a view to provide for the general welfare of the United Mr. REED. I object. States; or, summarily put, "a tariff for revenue, with incidental pro The CHAIRMAN. Is there objection to an extension for ten min tection." utes 7 To this extent only is protection to American industries warranted There was no objection, and Mr. UPSON resumed and concluded under the provision of the Constitution which we have been discus his remarks:) . smg; to this extent only is such protection needed or required ; to The committee rose informally, and Mr. PAYSON took the chair as this extent, patriotism, wisdom, and sound statesmanship demand Speaker pro tempore. . 2836 CONGRESSIONAL RECORD-HOUSE. APRIL 12, MESSAGE FROM THE SENATE. which made resistance necessary. Therevolutioninterrnpted trade, A message from the Senate, by Mr. SYMPSON, one of its clerks, in and the dependence of our people upon their own resources gave a formed the House that the Senate had passed and requested the con new life to home manufactures. After the return of peace this coun currence of the House in bills of the following titles: try was again flooded with British goods. For this there was no A bill (S. No. 173) for the relief of Hermann Biggs; remedy, for under the confederation the power to protect our manu A bill (S. No. 297) for the relief of Mark Walker; factures was in the States, and the States were unable to a[I'ee on A bill (S. No. 391) referring the claim of George E. Payne to the any uniform rate of duty. In this fact lay the germ of our t;onsti Court of Claims; and tution. It was decided to call a convention to frame a constitution A bill (S. No. 1186) to provide agricultural lands for the southern which should give to Congress the power to regulate commerce with band of Ute Indians in lien of lands heretofore provided for allot foreign nations by laying duties upon their goods and ves els. ment to them. On the 8th of April, 178!>, two days after the votes for President TARIFF-COMMISSION BILL. were counted and before Wa-shington was inaugurated, within sev enty hours of the organization of the First Congress./ :Madison rose in The Committee of the Whole resumed its session. the Honse and for the first time moved to· go into tne Committee of Mr. UPDEGRAFJ!', of Ohio. Mr. Chairman, it is admitted on all the Whole on the state of the Union for the express purpose of car sides that our revenue laws need some modification. The unexam rying out t.his object of the Constitution by regulating commerce and pled growth of our varie President Jefferson, in his annual message, December, 1806, in view Bull arrogance but a luxuriance of mis-information anrl many state 'Jf the expected surplus of revenue, says: ments as false as the exigencies of a bad cause demand. He mod To what other objects shall these surpluses be appropriated, and the whole sur estly says: "The fact is that you (American fa.rmers) never realized plus of imports after the entire discharge of the public debt, and during those in the amount of your loss-never put it into figures. " * .,. NOto tervals when the purposes of war shall not call for them I Shall we suppress the this has been calculated for you." How obliging, and how clisinter impost and give that advantage w foreign over domestic manuJactures i ested in a stranger to condescend to teach elementary arithmetic Dnt in his last annual message, of November, 1808, President Jef to these ignorant western farmers I Who can ever again doubt the ferson still more strongly and significantly pointed out the ad vantage depth of British philanthropy f of protecting duties. He says: And just here let me say a word or two al>ont this Cobden Club. Tbe situation into which we have been forced bas impelled us to apply a por I bold in my hand an account of its annual dinner, July 17, 1&:10, sent tion of our industry and capital to internal manufa{ltures and improvements. The me by a friend.in England. It is a powerful organization and really extent of this conversion is daily increasing, and little doubt remains that the es tablishments formed and forming will, under the auspices of cheaper materials represents the British Government. Twelve members of the present and subsistence, the freedom of labor from taxation with us, and of protecting British Cabinet and many members of Parliament are of its number. duties and prohwitinn.s, become permanent. Earl Spencer, the lord president of the council, presided at this In that primitive day Jefferson did not seem to understand what meeting, and there were in attendance forty members of Parliament is so plain to his professed followers of this generation, that protected and many persons of rank and influence. Earl Spencer is one of the industries necessarily meant "plunder" or "robbery," as it is now .peerage, which, numberin~ only 600, owns 19,440,000 acres of land, or ~:;o generally styled by them. Indeed, so sturdy an advocate was he one-fourth of the land ot' Great Britain antl Irelanrl. The chief of home industry that, as one of his biographers tells us, he for years topic of discussion was the best means to break down om· protective refused to wear any other fabrics than those of American manufact system in the United States and give us free trade. 1\Ir. Baxter, M. nre. Free-trade theories then had but few American advocates, and P., one of the speakers, boasted of the vast number ofthis and other it was nearly forty years after the foundation of our Government free-trade documents they had circulated. O'ratuitously in the Unit~d before the constitutionality of a protective system was denied by an States, and Mr. Potter, :M. P., said the "club was going to fight om· American statesman. ' friends in the United States, and we have thrown off the ~loves." When, in 1815, President Madison transmitted to Congress the treaty The full extent of our obligation to him this modest author himself of Ghent, an explanatory message accompanied it, in which he point fully appreciates, for he says: edly says: It is doubtless trne that many, perhaps most, of the American farmers are una ware of, or have given little attention to, the facts set forth in these papers, and But there is no subject that can enter with ~eater force aml merit into the deliberations of Congress than a consideration of the means to preserve and promote hence their silen.t endurance. But if every farmer who reads this and concnrs in the ma.ntifactures which have sprung into existence and attained an unparalleled our views would order from the nearest town ten or twenty copies of this little maturity throughout the United States during the period of the European wars. paper, and distribute them by hand among his neighbors, or by post to friends at This source of national independence and wealth I anxiotLBly recommend, therefore, a. distance, a. sphit of inquiry would be rapidly roused and a definite expression of w the prompt and constant attention of 0Dn!Jress. public opinion would soon be elicited. Thetariifwhichfollowed, and whichla1·gely contributed to build up Now, what more could even the most devoted missionary doT He our domestic manufactories, was one which among other duties estab has sent us, unsolicited and unpaid, (save by British golcl,) this little lishedantinimun~oftwenty-fivecentspersquareyardoncottonfabrics, evangel of free-trade ari thmetie, and showed us how we may be saved. wbiclt was equal to an ad valorem clnty of from 50 to 100 per cent. He does not seem to know that American farmers as a class are edu ou coarse cotton cloths. This was a ca~e of that atrocious robbery cated, intelligent, ancl practical, and for more than half a century and oppression where a high duty was laid on g~)Ods "used by the have fully understood the venerable and crippled sophistries which poor," which has played so absurd and pathetic a ;part in this discus he.now rehashes with such patronizing insolence. Yes, the "in sion. But what was theresultia that caseY Premsely whathashap qmry" was roused, and "a definite expression" was elicited in 1880- peued ever since as the result of protection. The price was g1·ea.tl·v 'l:ery definite. reduceil within less than a yea1·, and almost ever since such fabrics have His objects, like that of all free-trade Englishmen, is to persuade been supplied relatively cheaper here than elsewhere in the world, the American people that our true policy is to raise the raw mate and from that time our production of cheap cotton goods has been rial for British manufacturers and food for. them to use, and buy of more uniformly prosperous than any of our manufacturing industries, Eno-lrmd our finished products. That same policy Eno-land souo-ht and as a result by the force of active competition has supplied these to furce, and for a long period did force, upon the Amer~an colonies. · fabrics of universal use to the masses of the people at a price lower The Revolution broke the fetters of our industrial servitude as.well than was supposed possil>le prior to the stimulus of protection and as of our political oppression. England now seeks to hold us still in the contest of competition. In the face of such facts of our history subjection by dependence on her manufactming skill and her com: what are all the predictions of mere theorists or the venerable but mercia! power. This English instructor of Americans informs us crippled sophistries of college bookmen Y that the American farmer "has a soil so fertile as to prodnce freely HOW l!'.A.RMERS ARE DAXAGED BY PROTECTION I with cheap tillacre and no fertilization; second, a climat-e highly f;. By the logic of English free-trade pamphleteers and American free vorable to agricultttral operati011s; third, abundance of land so cheap trade college profes ors protection is an injustice and an injury to that the fee-simple costs less than is annually paid for rent in Eno- the agricultural intere t of the country. The farmer is the strategic land." And now what is to follow'i This Englishman kindly tells point of the free-trade assault. No matter how prosperous, he is as us. He says: To take a man away from what he can do well and set him to do what he can sured that his· apparent success is only a "delusion;" that in reality only do badly, makes an immense difference in the result of his labor. A toestern he is carrying intolerable burdens and is on the road to certain ruin. farmer produ.ces excellent ~opa, but if he were to set up a. woolen factory he would In defiance of facts and reason, he is assured that he ~ets no protec soon come to grief. tion from protection, and that a "lwrne nw1·ket" is srmply an ideal That is what it all means. America is only to raise "erops" and and wicked invention of an organized band of "robbers," called, in England is to do the manufacturing. In colonial days, when she the very mockery of sat.ire, "p1·otectionist,s." On this floor I have ·compelled the colonists to send their wool and cotton to EnO'land to heard the most opprobriousna,mes applied to some of our most indis be manufactured, her manufacturers received the 400 per cent. which pensable industrial classes, until the argument resolved itself into it _cost to have it don~. Why sp.au raw materials be carried 3,000 an assau_lt of epithets. Elsewhere-the parliamentary way, I belive, miles to be converted mto the finished products and then carried back of alluding to the Senate-it p.as lately been declared by a distin 3,000 more, when the food for the workmen has also to be sent with guished person that if American farmers knew more about it they it, and when it can be as well done by American labor, consumin Mr. UPDEGRAFF, of Ohio. I will. There waa at that time a the followillg. message from the President; which was referred to world-wide depression in business which extended to all commercial the Committee on Indian Affair , and ordered to be printed: nations; with which Qnr tariff had only the effect of helping us to recover several years before free-trade England did. The London To tM Senate and H~e ofRepresentativt$: I transmit herewith a. communication from the Secretary of the Interior, inclos Times in 1880 said that it was our returned prosperity which gave ing draft of bill prepared in the Office of Indian .Affairs, submitted with Commis the first rallying impulse to England when her industry was pros sioner's report of 27t)l ultimo, confirming to the Cheyenne and .Arapahoe Indians trate and her labor unemployed. Our country was carrying the the lands m the Indian Territory set apart for their occnpancy by an Executive order dated .August 10, 1869, which lands are in lieu of those set apart for their burden of a great debt such as no nation has ever borne, and yearly use and occupancy by the second article of the treaty with said Indians concluded rednci.ng it by millions. October 28, 18G9. Mr. McMILLIN. The gentleman has just said that we were pay CHESTER .A.. ARTHUR. ing that enormous debt under a protective policy. I wish to remind EXECUTIVE MANSION, .A.pril12, 1882. him that the protective policy had been in full blast for more than twelve years when the financial crisis occurred. And then, on motion of Mr. RANDALL, (at five o'clock and thir · Mr. UPDEGRil.,F, of Ohio. And I wish to remind my friend from teen minutes p.m.,) the House adjourned. Tennessee of what he is overlooking, that the debt was no outgrowth of the tariff, but the legacy of the greatest and f,11ltiest rebellion the PETITIONS, ETC. world ever saw, which had been "in fnll blast 'for four years, cost ing in money more than $7,000,000,000. Fortunate for ns was it that The following memorials, petitions1 and other papers were laid on we had such a revenue system under which that great burden is being the Clerk's desk, under the rule, ana. referred as follows: taken from the necks of the people-$114,000,000 within the last By the SPEAKER: The resolutions adopted by the ministers of year-and the nation goes on undisturbed in its great career of pros the New York east conference of the Methodist Episcopal Church, perity and power, of growth and greatness and glory, as no nation approving the veto of the Chinese bill-to the Committee on Educa- of earth ever did. [Applause on the Republican side.] tion and Labor. , Mr. McKINLEY. If my colleague will yield I will move that the By Mr. BINGHAM: The resolutions adopted by the city council committee rise, so that he may proceed with his remarks to-morrow. of Pittsburgh, Pennsylvania, for an appropriation for the completion The CHAIRMAN. Does the gentleman from Ohio give way! of the Allegheny nrsenal-to the Committee on Military Affairs. Mr. SPRINGER. Oh, let the gentleman finish to-night. How Also1 the resolutions of the Vessel-Owners and Captains' Associa much time does he desire f tion ot Philadelphia, favoring the passage of the bill providing for Mr. UPDEGRAFF, of Ohio. I cannot say-probably twenty min the distribution of the Geneva award-to the Committee on the utes. Judiciary. The CHAIRMAN. The gentleman from Ohio has thirteen minutes Byl\fr.BLXSS: Theresolutionsadopted bythe United StatesArtny of his hour remaining. and Navy survivors of Andersonville and other southern military Several ME~mERS. Go on. prisons, of New York, urging the passage of the Bliss bill granting Mr. UPDEGRAFF, of Ohio. I would be glad if the committee pensions to soldiers and sailors of the late war who were confined in should rise. I do not know that I shall ask much time to-morrow, confederate prisons and to increase the clerical force in the Pension although everybody thus far has had as much time as he wanted. Office-to the Select Committee on the Payment of Pensions, :Bounty, The motion of Mr. McKINLEY that the committee rise was agreed to. and Back Pay. The committee accordingly rose, and the Speaker having resumed By Mr. CRAPO: The petitions of Delia Allen and others, and of the chair, Mr. ROBINSON, of Massachusetts, reported that the Com Eliza Lam bert and others, of Massachusetts, for the passage of the mittee of the Whole House on the state of the Union had had under French spoliation claims bill-to the Committee on Foreign Affairs. consideration the bill (H. R. No. 2315) to provide for the appointment By Mr. ERRETT: The petition ofHon. F. H. Collier, Hon. F. M. of a commission to investigate the question of the tariff and the Marshall, and other citizens of Pittsburgh, Pennsylvania, praying for internal-revenue laws, and had come to no resolution thereon. relief for the parents1 children, and widows of the victims of the ex Mr. RANDALL. I move that the Honse do now adjourn. plosion at the Allegheny arsenal, September 17, 1862-to the Com Mr. KING. Do not do that; let me offer a resolution. mittee on Claims. Mr. RANDALL. I will yield to anything that does not require a Also, the petition of J. R. Fricke, for compensation for injuries quorum. sustained and property destroyed by the explosion at the Allegheny SUFFERERS BY FLOODS. arsenal, September 17, 1~62-to the same committee. Also, the resolutions adopted by McPherson Po t Grand Army of Mr. KING, by unanimous consent, submitted the following resolu the Republic, of Pittsburgh, Pennsylvania, urging the passage of the tion; which was read, considered, and agreed to: bill granting a pension to Thomas E. 'Wilson-to the Committee on Re8olved, That the Committee on .Appropriations be instrocted to consider and In valid Pensions. report what, if any, are the further measures of relief that should be extendod to the snft'erers b;y the present floods of the MississiJ!pi River and its tribntaries, :md Also, the resolutions of the council of the city of Pittsburgh, Penn to report by bill or otherwise as speedily as poss1ble. sylvania, in favor of the establishment of military workshops at the LAVILLA NATER. Allegheny arsenal-to the Committee on Military Affairs. By 1\Ir. HUTCffiNS: The petition of Audley W. Gazzan, late On motion of 1\Ir. COLERICK, by unanimous consent, leave was Major One hundred and third Regiment Pennsylvania Volunteers, for granted for the withdrawal from the files of the House ofthe papers relief-to the Committee on Invalid Pensions. m the case ofLavilla Nater, administratrix of the estate of Horatio By 1\ir. LATHAM: The petition of citizens of North Carolina, for Nater, and now pending before the Committee on Claims, there being the .Passa~e of a bill makin~ the Commissioner of Agriculture a no adverse report .. Cabmet omcer-to the CoiDIDlttee on Agriculture. LEAVE OF ABSENCE. Also, the petition of citizens of North Carolina, for le~islation to Mr. BURRows, of 1\fissom;i-, by unanimous conse!lt, was granted prevent discrimination and extortion by railroad compames-to the leave of absence for the remamder of the week, on account of sickness. Committee on Commerce. TRANSPORTATION OF llG>IAN SUPPLIES. Also, the petition of citizens of North Carolina, for an amendment of the patent laws-to the Committee on Patents. The SPEAKER, by unanimous consent, laid before the Honse the Also, the petition of citizens of North Carolina, asking the pas age following message from the President; which was referred to t.he of an income-tax bill-to the Committee on Ways and Means. Committee on Appropriations, and ordered to be printed: Also, the petition of citizens of Pamlico County, North Carolina,. To the Senate and House of Representatives: for an appropriation for the improvement of Bay Rh·er and the erec I transmit herewith a communication from the Secretary of the Interior with the tion of a light-house-to the Committee on Commerce. accompanying report from the Commissioner of Indian Affairs, dated 29th ultimo recommending an increase of item for "transportation of Indian su"plies forth~ Also, the petition of Walter Clark and others, for the establishment fiscal year, 1882," (deficiency,) as designn.ted in Senate Ex. Doc. 57, 1< orty-seT"enth ofamail-routefromPlymouth, Washington County, to Pantego, Beau Congress, first session. fort County, North Carolina-to the Committee on the Post-Office· CHESTER .A. ARTHUR. and Post-Roads. EXECUTIVE MANSION, April12, 1882. Also, the petition of citizens of Edenton North Carolina, for an CONTINGENT EXPENSES OF WAR DEPARTMENT. appropriation for the improvement of the harbor at that place-tO> The SPEAKER also, by unanimous consent, laid before the House the Committee on Commerce. the following message from the President; which was referred to the Also, the petition of citizens of Beaufort and Pitt Counties, North Committee on Appropriations, and ordered to be printed : Carolina, for an appropriation for the improvement of Tranter's Creek-to the same committee. To the Srmate and House oj Representatives: By ~fr. NEAL: The resolutions adopted by Bailey Post Grand Army I transmit herewith f?r the co;nside~tion of Congress a.lE~tter from tb e Secretary of War, dated the 6th mstant, mclosmg one from the acting chief clerk of the of the Republic, of Portsmouth, Ohio, :protesting against any reduc War Department on the subject, recommending an additional appropriation of tion of taxation-to the Committee on Ways and Means. $2,,ooq for conf?ingel!-t expenses of the War Department for 1882. .Also that appro By :Mr. NORCROSS: Memorial of the Joseph B. Walsh branch of pnatlOn proVJ.ded for the purpose for the next fiscal year be increased to $10,000. the Land League of Massachusetts, protesting against the arbitrary CHESTER .A. • .ARTHUR. EXECUTIVE MAN5IOY, Aprill2, 1882. and unjust order of the British Government in confining- American citizens in Englil:lh dungeons-to the Committee on Fore1gn Affairs. CHEYENNE AND ARAPAHOE L.u.'D • By Mr. T. M. RICE: The petition of citizens of Missouri, fer the The SPEAKER also, by unanimous consent, laid. before the House passage of the Bliss bill granting pensions to soldiers and sailors of 1882. CONGRESSIONAL RECORD-SENATE~ 2841 the late war who were confined in confederate prisons-to the Com States Navy, remonstrating against the passage of the bill (S. No. mitte-e on Invalid Pensions. 358) for the relief of Edward Bellows; which was o:rdered to lie on By Mr. SINGLETON: The petition of citizens of Dlinois, for·an the table. appropriation for the improvement of the Mississippi River-to the Mr. JACKSON presente4 the memorial of the Merchants' Exchange· Committee on Commerce. of Nashville, Tennessee, and other business men of that city, praying By Mr. SKINNER: The petition of citizens of Herkimer County, for the improvement of the Upper Cumberland River; which wa& New York, for the enactment of a general law regulating emigra referred to the Committee on Commerce. tion-to the Committee on Foreign Affairs. Mr. ROLLINS presented resolutions of the Portsmouth Board of By Mr. .A.. HERR SMITH: The resolutions adopted by the city Trade, in favor of suitable legislation for the distribution of the Geneva. council of Pittsburgh, Pennsylvania, relative to the .A.llegheny arse awardi which were referred to the Committee on the Judiciary. nal-to the Committee on Milita;ry Affairs. He alSO presented resolutions adopted at a meeting of the Ports By Mr. STRAIT: The resolutions adoptedlly the Chamber of Com mouth Board of Trade, in favor of a -permanent organization of the merce of Duluth, Minnesota, relating to harbor improvements, &c. Life-Saving Service; which were ordered to lie on the table. to the Committee on Commerce. He also presented resolutions of the mayor, aldermen, and common By Mr. P. B. THOMPSON: The petition of L. D. Hutchinson, for council of the city of Manchester, New Hampshire, in favor of the relief-to the Committee on Claims. improvement of the Merrimac River, in that State; which were By Mr. URNER: The petition of Julia Barnett, for compensation referred to the Committee on Commerce. for property taken and destroyed during the war of the rebellion Mr. WINDOM presented a petition of the letter-carriers of Minne to the Committee on War Claims. apolis and Saint Paul, Minnesotat...praying for the passage, with cer By Mr. VANCE: Papers relating to the claim of W. D. Justice, tain amendments, of the bill (H. H. No. 4443) to amend sections 3 and sr.-to the same committee. 4 of the act of February 21,1879, to fixthepayoflotter-carriers, and By Mr. W .A.TSON: The resolutions of the city councilofPittsburgh, for other purposes; which was ordered to lie on the table. Pennsylvania, relative to the establishment of military workshops l'!!r. PENDLETON pr~sented a memorial of the Chamber of Com at the United States arsenal in that city-to the Committee on Mil merce of Cincinnati, Ohio, remonstrating against the passage of the itary Affairs. bill (H. R. No. 469) to repeal parts of sections 563 and 629 of theRe Also, the petition of Davenport & Griffith and others, protesting vised Statutes of the United States, and to regulate the original against the extension of the steam grain-shovel patent-to the Com jnrisdiction of the circuit courts in certain cases; which was referred Inittee on Patents. to the Committee on the Judiciary. The petition of C. B. Norton was reported from the Committee on · Mr. JOHNSTON presented the petition of J. J. Rodriguez ancl T. Military Affairs under clause 2 of Rule XXII, and referred to the H. N. McPherson, in behalf of Felix Bister, Thomas Bister, John Doles, and R. D. Mussey, special counsel for P. D. Buzzi, praying Cominittee on Appropriations. for the appointment of a board to investigate the proceedings of the board of arbitrators in regard to the Spanish-American Claims Com mission ; .which was referred to the Committee on Foreign Relations. .Mr. LAPHAM presented a petition of the Soldiers and Sailors' SENATE. National League, Headquarters, Washington, District of Columbia, THURSD.A.Y, April 13, 1882. praying that the Senate will stand by the law enacted givin(J' Union soldiers and sailors the preference in appointments in the aovern Prayer by Rev. S. CoLLINs, D. D., of the city of Washington. ment Printing-Office; which was referred to the Committee on Print The Journal of yesterday's proceedings was read and approved. ing. EXECUTIVE COMMUNICATIONS. He also presented the memorial of Paymaster Machette, United The PRESIDENT pro tempore laid before the Senate the following States Navy, in behalf of himself and other officers of the pay corps, message from the President of the United States; which was referred remonstrating against the passage of the bill (S. No. 358) for the to the Committee on Appropriations, and ordered to be printed: relief of Edward Bellows; which was referred to the Committee on , the Judiciary. To the Senate and H01.1.8e of Representatives: I tansmit herewith for the consideration of Congress a letter from the Secre CHINESE IMMIGRATION VETO MESSAGE. tary of War, dated the 6th instant, inclosing one from the acting chief clerk of the 1t!r. LAPHAM. On Thursday last I was necessarily absent from W~~>r Department on the subject, recommending an additiOnal .appropriation of $2,000 for continJent expenses of the War Department for 1882. Also that appro the Senate, suffering from a very severe cold, which prevented my at priation provid for the purpose for the next fiscal ~~~e4ERe~~~~~~- tendance. I supposed I was under a pair with the Senator from Ala bama, [Mr. MORGAN.] He did not remember the pair or else I was EXECUTIVE MANSION, .April12, 1882. mistaken, as be voted for the passage of the Chinese immigration bill The PRESIDENT pro tempore laid before the Senate the followin(J' over the veto. I ask the privilege to be recorded against the pas message from the President of the United States; which was referrea sage of the bill, if it is not too late. to the Committee on Indian Affairs, and ordered to be printed: The PRESIDENT pro tempore. The Senator can state how he would To f.ht: Senate and H01.1.8e of Repr~entatives: have voted if he had been here, which he has done; but the vote can I transmit herewith a communication from the Secretary of the Interior, inclos not be received now. He can simply state how he would have voted. ing draft of bill prepared in the Office of Indian Affairs, submitted with Commis Mr. LAPHAM. I supposed the record might be corrected in that sioner's report of 27th ultimo, confirming to the Cheyenne and .Arapahoe Indians respect. the lands in the Indian Territory set apart for their occupancy by an Executive order dated August 10, 1869, which lanns are in lien of those set apart for their The PRESIDENT pro tempore. The RECORD will state now how use and occupancy by the second article of the treaty with said Indians concluded the Senator would have voted. October 28, 1869. Mr. LAPHAM. I would have voted against the passage of the bill. CHESTER A. ARTHUR. The PRESIDENT pro tempore. That the RECORD will show now. EXECUTIVE lL\NSIO~ , Aprill2, 1882. No Senat