.

1884. CONGRESSIONAL RECORD-SENATE. 2197 the District of Columbia, for legislative relief-to the Committee on the ciples of the present patent laws; which was referred to the Committee District of Columbia. on Patents. · By Mr. CHARLES STEWART: Memorial and resolutions passed He also presented a memorial of citizens of the Kanawha Valley at a public meeting of the citizens of Beaumont, Tex.., asking for an West Virginia, remonstrating against the passage of the bill (S. 1441) appropriation for continuing the work ofharbor improvements at Sabine to authorize the construction of bridges across the Great Kanawha River, Pass, Tex.-to the Committee on Rivers and Harbors. and to prescribe the dimensions of the same; which was referred to the By Mr. STRAIT: Petition of A. G. Myers and 20 others, of Post No. Committee on Commerce. 28, Grand Army of the Republic, Department of 1\finnesota, praying :Ur. DAWES. I present the petition ofW. B. Washburil, late a Sen­ Congress to remove the restrictions and grant arrears and back pensions ator in this body, and a large number of other citizens of Greenfield, from date of discharge to all who were discharged from the United Ma ., prayingforappropriationsfortheeducationofthetribesoflndians States service by reason of disability in the line of duty-to the Com­ called Apaehes, Kiowas, and Comanches, in the Indian Territory, and mittee on Invalid Pensions. the Bannocks, Cheyennes, Arapahoes, Shoshones, Sioux, and Utes, other­ Also, petition of similar import, of E. Houck and 15 others, of Post wise situated. I move that the petition be referred to the Committee No. 59, Grand Al·my of the Republic, Department of Minnesota-to the on Appropriations. same committee. The motion was agreed to. Also, petition of similar import, of John Kohr and 31 others, of Post Mr. 1\llLLER, of California, presented a memorial of the Manufact­ No.9, Grand Army of the Republic, Department of Minnesota-to the urers' Association of California, urging the importance of the building same committee. of new ships of war tor the Navy and the construction of fortifications Also, petition of similar import, of E. A. Hearn and 17 others, of Post for the protection of our seacoast; which was referred to the Commit­ No. 63, Grand Army of the Republic, Department of Minnesota-to the tee on Appropriations. same committee. He also presented a petition from the board of directors of the Vet­ By 1\fr. J.D. TAYLOR: Petitions of Hon. G. B. Loring, Commis­ erans' Home of California, praying that Congress authorize the War sionerofAgriculture, andl62others; ofHon. N.C. McFarland, Commis­ Department to issue clothing to the inmates of that institution; which sioner ofthe General Land Office, and 146 others; ofHon. B. K. Bruce, was referred to the Committee on Military Affairs. Register of the Treasury, and 100 others; ofHon. Benjamin Butterworth, :Ur. INGALLS presented a petition of the Woman's Christian Tem­ Commissioner of Patents, and 80 others; of Ron. Hiram'Price, Commis­ perance Union of the District of Columbia, praying for certain legisla­ sioner ofindianAffairs,and54others; ofHon. J. H. Ela, Sh.rth.A.uditor tion upon the subject of the restriction of the sale of alcoholic liquors of the Treasury, and 59 others; of Ron. A. D. Hazen, Third Assistant in the District; which was referred to the Committee on the Districtof Postmaster-General, and 54 others; and of Rev. G. B. Patch, pastor of Columbia. Unity Presbyterian church, and 57 others, asking for reform schools for Mr. LAPILUf presented a paper signed by certain New York In­ boys and girls, a national home for children, asylums for the blind and dians: addressed to the Senate Committee on Indian Affairs, remonstrat­ inebriates, and reform in the law imprisoning boys and girls under 14- ing against the passage of the bill introduced by Senator VooRHEES to to the Committee on the District·of Columbia. provide for a settlement with the Indians who were parties to the treaty By Mr. A. J. WARNER: Petition of T. J. Allison and 47 others, concluded at Buffalo Creek, New York, in 1838; which was referred to citizens of Eastern Ohio, asking for the restoration of the wool tariff of the Committee on Indian Affairs. 1867-to the Committee on Ways and Means. 1\fr. HARRISON presented a. petition of Henry 1\fcBee and 64 other By Mr. WASHBURN: Resolutions of Board of Trade of Minneapolis, ex-soldiers of Wayne Township, Marion County, Indiana, and resolu­ Minn., requesting Senators and Representatives from Minnesota to favor tions of De Long Post, No. 67, Grand Army of'the Republic, Depart­ the amending of the silver-coinage law, to prohibit issuing of silver ment of Indiana, praying for the passage of various relief measures for certificates, and also for redemption of those in circulation, &c.-to the Union soldiers pending before Congress; which were referred to the Committee on Coinage, Weights, and Measures. Committee on Pensions. By Mr. WOOD:· Resolutions of Goodland Post, No. 57, and Renssel­ Mr. DOLPH. I have received an official communication from the aer Post, No. 84, Grand Army of the Republic, of Indiana, demanding governor of Oregon, accompanied by a letter of Ron. John 1\finto, of the equalization of bounties, and that every soldier and sailor who Salem, Oreg., relating to certain appropriations which have been made served three months or more in the late war shall promptly and with­ by Congress for the purpose of sinking artesian wells in some of the out delay be granted a land-warrant for a full one-quarter section of Western States, and asking that similar experiments be made in Eastern land, and be granted a full pension, whether disabled or not-to the Oregon. As it appears that an appropriation has been made for that Select Committee on Payment of Pensions, Bounty, and Baek Pay. purpo e heretofore in the agricultural appropriation bill, I ask unani­ By J\fr. YAPLE: Petition of A. D. Van Buren, J. L. Schram, and mous consent that the papers be received and referred to the Commit­ others, citizens of Galesburg, Mich., for the passage of an ad to amend tee on Public Lands. chapter 3 of title 59 of the Revised Statutes ofthe United States, en­ The PRESIDING OFFICER. If there be no objection, the papers titled "National Home for Disabled Volunteer Soldiers," by adding will be received and so referred. thereto section 4838-to the Committee on Military Affairs. 1\fr. PE~LETO~. IpresentthememorialofFrankM. Bookwalter Also, petition, of similar import, of Frank Muhlenberg, Bert War­ and James Laffel & Co., of Springfield, Ohio, remonstrating against leg­ ren, and others, citizens of Galesburg, 1\Iich.-to the same committee. islation materially changing the present patent laws to the injury of inventors; also the memorial of H. 1\I. Keller, of Newark, Licking County, Ohio, to the same general effect; also the memorial of Bucher, Gibbs & Co., of Canton, Ohio, remonstrating against the passage of House SENATE. bill No. 3925 and Senate bill No. 1115, in relation to patents, now pend­ ing before the Senate; and the memorial of Leom.rd Moore, of Dayton, 1\foND.A.Y, March 24, 1884. Ohio, to the same effect, protesting against the passage of bills changing the present patent laws. One or two of these memorials are in the na­ Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. ture of letters to myself, but are evidently intended for the public use ?tfr. SHERl\fAN took the chair as presiding officer, under the desig­ I make of them. I ask that they be received and referred to the Com­ nation made by the President pro te:mpm·e on Friday last, with the unan­ imous consent of the Senate. mittee on Patents. The PRESIDING OFFICER. Ifthere be no objection, the memorials The Journal of the proceedings of Friday was read and approved. will be received and so referred. · EXECUTIVE COMMUNIC.A TIONS. 1\fr. PENDLETON presented a petition of George Geddes and other The PRESIDING OFFICER (Mr. SHERMAN in the chair) laid be­ citizens of Eastern Ohio, praying for the restoration of the tariff act of fore the Senate a communication from the Attorney-General of the 1867 so far as it applies to wool and woolen goods; which was referred United States, inviting the attention of the Senate to the great increase to the Committee on Finance. of labor and expense imposed on that Department by the ad of 1\Iarch Mr. 1\fiTCHELL presented a memoria.l of the Philadelphia Maritime 3, 1883, to afford assistance and relief to Congress and the Executive Exchange, in favor of Congress taking immediate steps for the con tin- · Departments in the investigation of claims and demands against the uance of the work done by the United States Hydrographic Office· United States; which, with the accompanying papers, was referred to which was referred to the Committee on Commerce. ' the Committee on Appropriations, and ordered to be printed. . He also presented a memorial of the Philad~lphia Maritime Exchange, He also laid before the Senate a communication from the Secretary m favor of the pac;sage by Congress of the bill (H. R. 44 3) for increas­ of the Interior, transmitting, in response to a resolution of the 14th ing the efficiency of the revenue-marine service; which was referred to ultimo, a supplemental report of the Commissioner of the Gener-al the Committee on Commerce. L~d Office relative. to the unlawful fencing of public lands; which, He also presented a petition of John Gehr and 23 other citizens of mth the accompanymg papers, was referred to the Committee on Pub­ Franklin County, Pennsylvania, praying that a ship-canal be constructed lic Lands, and ordered to be printed. from Chesapeake Bay to Delaware Bay; which was referred to the Com-. mittee on Commerce. PETITIONS .A.l\TD 1\IE~ORI.A.LS. . He also presented a memori~ of the Philadelphia Produce Exchange, The PRESIDH;G OFFICER presented the petition of J. C. Cham­ m favor of the passage of a. national bankmpt l&w; which was ordered bers, of Dallas, Tex., praying for an adherence by Congre...~ to the prin- to lie on the table. I 2198 CONGRESSIONAL REOORJ)- SENATE. MARCH 24, i

Mr. CULLOM presented a petition of citizens of Illinois, praying for to the Oregon Central Railroad Company, in the State of Oregon and the passage of the bill (S. 855) to rept>.al "an aet relating to vinegar the Territory of Washington, repo1-ted from the Committee on Public factories established and ·operated prior to March 1, 1879," approved Lands March 14, 1884. June 14, 1879; which was referred to the Committee on Finance. Mr. MORGAN, from the Committee on Public Lands, to whom wa referred the bill (S. 1011) granting the right of way over the public REPORTS OF COUMITTEES. lands in Alabama and Florida to the Alabama Di~aonal Railroad Com­ Ur. BLAIR. I am directed by the Committee on Pensions, to whom pany and to grant to said company the right to purchase public lands was referred the bill (S. 337) granting pensions to Wilson W . Brown in said States, and for other purposes, reported it with amendments. and others, known as the Mitchell raiders' bill, to report it back with­ He also, from the same committee, to whom was r eferred the bill (S. out amendment, and ask that it be plaeed upon the Calendar. 1012) granting the right of way over the public lands in .Alabama to Mr. JACKSON. On behalf of the minority of the committee I pre­ the Gulf and Chicago Air-Line Railway Company, and for other pur­ sent their views in opposition to the passage of the bill. poses, reported a bill (S. 1909) granting the right of way over the pub­ The PRESIDING OFFICER. The Senator from Tennessee presents lic lands in Alabama and to grant lands to said State in aid of the Gulf the Views of the minority; which, with the report of the committee, and Chicago Air-Line Railway Company, and for other purposes, which will be printed, to accompany the bill, which \vill be placed upon the was read twice by its title; and Senate bill 1012 was postponed in­ Calendax. definitely. Mr. BLAIR, from the Committee on Pensions, to whom was referred Mr. PLUMB, from the Committee on Public Lands, to whom were the bill (S. 772) granting a pension to Erastus W. Bah on, reported it . referred the following bills, reported them adversely; and they were without amendment, and submi.Ued a report thereon. indefinitely po t:{><>ned: Mr. BLAIR. I am also directed by the Committee on Pensions, to A bill (S. 442) to restore to market and sale certain lands of the whom was referred the bill (H. R. 1433) granting a pen ion to Mary E. United States in the States of Minnesota and Wisconsin and to authorize Murray, to report it without amendment. There is also a minority their sale subject to the right of flowage; report in this case. A bill (S. 515) to establish the price of lands in the Bitter Root Val­ Mr. JACKSON. I ask leave to present the views of the minority in ley, Mont.; and t.hat case. . A bill (S. 263) to pay for the survey of certain public lands in Wash­ The PRESIDING OFFICER. The report and the views of the mi­ ington Territory. nority will be printed, and the bill placed on the Calendar. Mr. PLUl\IB, from the Committee on Public Lands, to whom wa ~.11'. BLAIR. I am also directed by the Committee on Pensions, to referred the bill (S. 1273) for the relief of the State University of Cali­ whom was 1·eferred the bill (S. 1080) gmnting a pension to Mary E. fornia, reported it adversely. Murray, to report it back; aud recommend its indefinite postponement Mr. MILLER, of California. I ask that the bill be placed upon the the House bill cov~ring the same case. Calendar. The bill was postponed indefinitely. The PRESIDING OFFICER. The bill will be placed on the Cal­ Mr. VANCE submitted the views of the minority of the Committee endar with the adverse report of the committee. on Foreign Relations on the bill (S. 1876) providing for an inspection Mr. PLillffi, from the Committee on Public Lands, to whom was re­ of meats for exportation, prohibiting the importation of adulterated ferred the bill (S. 1057) for the relief of the Soldiers' Nebraska Colony articles of food or drink, and authorizing the President to make proc­ Town-Site Association, reported it adTersely, and the bill was postponed lamation in certain case , and for other pw·poses; which were ordered indefinitely. · to be printed. Mr. HOAR, from the Committee on the .Judiciary, to whom were re­ Mr. DA. WES. The Committee on Indian Affairs, to which was re­ ferred the following bills, reported adversely thereon; and they. were ferred the bill (S. 1004) to aecept and ratify certain agreements made postponed indefinitely: with the Sioux Indians, and to grant a. right of way to the Chicago, A bill (S. 628) to repeal an act entitled ''An act to amend an i!Ct en­ Milwaukee and Saint Paul Railway Company through the Sioux reser­ titled 'An act for the removal of causes in certain cases from State vation, in Dakota, have instructed me to report it baek with an amend- courts,' approved July 27, 1866," approved March 2, 1867, and also to . ment. I wish to say in reference to that bill and another which I have repeal the third paragraph of section 639 of the Revised Statutes; and in my hand of a similar character that I am instructed by the commit­ A bill (S. 451) to define the jurisdiction of the circuit and district tee to ask the enate to pass them at this time. I think there will be courts of the United States. no objection. If there be any debate, I shall withdraw the request. Mr. HOAR, from the Committee on the Judiciary, to whom was re­ 1\lr. HARRIS. I suggest to the Senator from Massachusetts that he ferred the joint resolution (S. R. 17) propo ing an amendment to the allow the regular morning bu iness at least to be disposed of before Constitution of the United States, report~d adversely thereon. asking the Senate to consider or to pass any bill. Mr. LAPHAM. What proposed amendment is that? Mr. DAWES. I thought this measure might go through without ob­ Mr. HOAR. It is a proposition. to insert the word "nativity" be­ jection. I have another just like it which I should like to have passed fore ''race, color, or previous condition of servitude,'' in article 15, sec­ at this time. tion 1, of the amendments. I move that the joint resolution be post­ The PRESIDING OFFICER. The Senator from Massachusetts asks poned indefinitely. unanimous consent to consider the bill reported by him at this time. The motion was agreed to. Mr. COCKRELL. I object now. Mr. HARRISON, from the Committee on Military Affairs, to whom Mr. DAWES. I of course must yield to the suggestion of the Sen­ was referred the bill (S. 651) to authorize the President to restore ator from Tennessee, if he insists upon it. Charles Brewster to his former rank in the Army, 'submitted an adverse b1r. HARRIS. I think it is better we should get through with the report thereon. regular morning business before any request of that kind is entertained. Mr. COCKRELL. I ask that the bill be plaeed upon the Calendar The PRESIDING OFFICER. The bill will be placed on the Calen­ until I can examine the report. dar subject to calL The PRESIDING OFFICER. The bill will be placed upon the Mr. DAWES. I am also instructed by the Committee on Indian Calendar with the adverse report of the committee. Affairs, to which was referred the bill (S. 1496) to accept and ratify Mr. LAPHill. The bill (S. 155) for the protoot.ion of fisheries on certain agreements made with the Sioux Indians, and to grant a right the Atlantic coast was referred to the Committ~ on Foreign Relations, of way to the Dakota Central Railway Company throughout the Sioux with a view of looking into the question whether the proposed legisla­ reservation, in Dakota, to report it with amendments. I should like tion is an interference with om treaty obligations with Great Britain. to have this bill passed. at the same time with the one first :reported. The committee have examined that question, and I am instructed by Mr. HAWLEY. The Joint Committee on Public Printing opened the them to report the bill back with the expression of the opinion they proposals for annual contracts for paper for the Printing Office on the entertain that there is no interference with our treaty obligations in 31st of January. Parsons & Co., of New York, a xeputable firm of the legislation proposed. We ask, therefore, that the Committee on For­ paper deale11!, sent a proposal which arrived an hour or two afterward, eign Relations be discharged from the further consideration of the ques­ an hour or two too late. They addressed a communication to the Pres­ tion, and that the bill and all papers connected with it be referred to ident pro tempore of the Senate, which was referred to the Committee the Committee on Fi h and Fisheries, lately appointed, including the on Public Printing, and I am instructed by the committee to submit testimony which was taken by the subcommittee of the Committee on a report, which I ask may be printed and laid upon the table. Foreign Relations. . , The PRESIDING OFFICER. Tbe report will be printed and laid The PRESIDING OFFICER. That order will be made, if there be on the table. . no objection, and the report will be printed. Mr. SLATER, from the Committee on Pensions, to whom were re­ Mr. VAN WYCK, from the Committee on Pensions, to whom was ferred the following bills, submitted ad verse reports thereon, which were referred the bill (S. 316) granting a pension to Mrs. KatharinaT. Wunsh, agreed to; and the bills were indefinitely postponed: reported it with an amendment, and submitted a report thereon. A bill (S. 996) granting a pension to David C. Canfield, late a private He also, from the same committee, to whom was referred the bill ( . in Company D, Fifth Pennsylvania Reserves; and 394) restoring to the pension-roll the name of Major D. Williams, re­ A bill (S. 976) to increase the pension of Peter Lennon. ported it with an amendment, and submitted a report thereon. Mr. SLATER presented a report from the Committee on Public Lauds Mr. CULLOl\I, from the Committee on Pensions, to whom was re· to accompany the bill (S. 428) to forfeit certain public lands granted ferred the bill (S. 998) granting a pension to Hermann Reifelll'ath, sub- 1884. CONGRESSIONAL RECOR.D-SENATE. 2199 mitted an adverse report thereon, which was a.greed to; and the bill the circuit courts of the fifth and eighth circuits of the United States; was postponed indefinitely. which was read twice by its title, and, with the accompanying papers, He also, from the same committee, to whom was referred the peti­ referred to the Committee on the Judiciary. tion of Matilda Henderson, praying for an act of Congress for her re­ Mr. GARLAND introduced a bill (S. 1919) to grant a right of way lief, submitted an adve ~ report thereon, which was agreed to; and the thmugh the Indian Territory to the Southern Kansas Railway Com­ committee were discharged from the further consideration of the peti­ pany, and for other purposes; which was read twice by its title, and tion. referred to the Committee on Railroads. He also, fmm the same committee, to whom was referred the bill (S. .Mr. 1\UTCHELL introduced a bill (S. 1920) to authorize the Presi­ 1299) to increase the pension of Alonzo B. Chatfield, reported it with dent, by and with the advice and consentofthe Senate, to appoint Dr. an amendment, and submitted a report thereon. A. P. F1i.ck an assistant surgeon in the Army of the United States; He also, from the same committee, to whom was referred the bill (S. which was read twice by its title, and referred to the Committee on 783) to increase the pension of John .Algoe, reported it without amend­ Military Affairs. ment, and submitted a report thereon. :Mr. HARRISO~ introduced a bill {S. 1921) authorizing the Secre­ He also, from the same committee, to whom was referred the petition tary of War to adjust and settle the account for arms, ammunition, of William :McClure, praying to be placed ·on the pension-roll, sub­ and accouterments between the Territory of Montana and the United mitted a report thereon, accompanied 'by a bill (S. 1910) granting a States; which was read twice by its title, and, with the accompanying pension to William McClure; which was read twice by its title. papers, referred to the Committee on Military Affairs. Mr. MITCHELL, from the. Committee on Pensions, to whom was re­ Mr. RANSOM introduced a bill (S. 1922) to authorize an exchange ferred the bill (S. 1668) for the relief of George T. Dudley, asked to be of North Carolina bonds now held by the United States Government; discharged from its further consideration, and that it be referred to the which was read twice by its title, and referred to the Committee on Committee on Military Affairs; which was agreed to. Indian Affairs. He also, from the same committee, to whom were referred the follow­ Mr. HOAR introduced a bill (S. 1923) granting a pension to Clarissa ingbills, submitted adverse reports thereon, which wereagreed to; and T. Maies; which was read twice by its title, and referred to the Commit­ the bills were postponed ind'efinitely: tee on Pensions. A bill (S. 682) to rera.te the pension of Zel01-a Crumpacker; and Mr. PLATT introduced a bill (S. 1924) providing for the organization A bill (S. 281) granting a pension to James S. Wright. of the Patent Office into an independent department, and for giving it Mr. MITCHELL, from the Committee on Pensions, to whom was re­ the exclusive control of the building known as the Patent Office and of fEmed the petition of J. M. Dalzell, of Caldwell, Ohio, praying for ar­ the fund pertaining to that office; which was read twice by its title. rears ofpension, submitted anadversereportthereon, which was agreed 1\fr. PLATT. I ask that the bill lie on the table, and I shalJ ask the to; and the committee were discharged from the further consideration indulgence of the Senate at some convenient time during the week, in of the petition. the mor~g hour, to give some reasons why I think that a bill like this He also, from the Committee on Patents, to whom was referred the bill should be passed. I do not regard this as a perfect bill, but I think bj.ll (S. 1399) for the relief of William C. Dodge, reported it with amend­ that it.contains the germ, the principle of legislation which has become ments, and submitted a report thereon. necessary and can not be delayed. Mr. GARLAND, from the Committee on the Judiciary, to whom was The PRESIDING OFFICER. The bill will lie on the table, subject referred the bill (S. 1578) to amend the charter of the National Sol­ to the call of the Senator from Connecticut. diers and Sailors' Orphans' Home, and in reL1.tion to the assets thereof, 1\fr. DAWES introduced a bill (S. 1925) to amend an act entitled reported it without amendment. ''An act to amend the statutes in relation to immediate transportation of Mr. VEST, from the Committee on Public Buildings and Grounds, dutiable goods, and for other purposes;" which was referred to the Com­ to whom was referred the bill (S. 173) to provide a building for the use mittee on Finance. of the UnitedSt:ltes courts, post-ot'fice, custom-office, and'internal-reve­ Ur. RANSOM: iritroduced a joint resolution (S. R. 76) authorizing nue office at Vicksburg, Miss., reported it without amendment. the Secretary of War· to loan the State of North Oarolina eertain tents and camp equipage for the use of the militia of the State; whi.ch was BILLS INTRODUCED. read twice by its title, and refened to the Committee on Military Af­ Mr. BROWN introduced a bill (S. 1911) for the relief of Duncan L. fairs. Clinch, of the State of Georgia; which was read twice by its title. PAPERS WITHDRAWN AND REFEREED. Mr. BROWN. I desire also to present with the bill tlJ.e petition of On motion of Mr. CAMERON, of Wisconsin, it was Mr. Duncan L. Clinch, admitting tha-t he labors under disabilities un­ Ordered, That the papers in the claim of Susan A. Shelby be taken from the der the fourteenth constitutional amendment and asking that they be files of the Senate and referred to the Committee on Claims. relieved. The bill relates to disabilities. I move that the bill be re­ On motion of Mr. ALDRICH, it was ferred, with the accompanying petition to the Committee on the Judi- Orde1·ed, That the papers relating to the pension claim of Kady Brownell be ciary. · taken ft·om the files of the Senate and referred to the Committ-ee on Pensions. The motion was agreed to. Mr. INGALLS introduced a bill (S. 1912) to provide for the erection BEPRINTING OF A BILL. of a public building for the use of the post-office and Government offices On motion of M1·. FRYE, it was at the city of Atchison, Kans.; which was read twice by its title, and Orderecl, That Senate bill No. 247, "A bill to extend the duration of the Court of Commissioners of Alabama Claims, and for other purposes," be reprinted for referred to the Committee on Public Buildings and Grounds. the use of the Senate. Mr. HARRIS. I hold in my hand the petition of the Board of Trade, and the Iron, Coal, and Manufacturers' Association of the city of Chat­ GAS FOR COAST LIGHTS. tanooga, State of Tennessee, a-sking that the efficiency of the Signal Mr. RIDDLEBERGER submitted the following resolution; which Service be increased in respect to flood observations upon the Tennessee was considered by unanimous consent, and agreed to: and other rivers of the United States. Accompanying the petition is Whereas recent discoveries in the nse of gas as an illuminant for beaeons and a bill prepared by the board of trade. I ask leave to introduce the bill buoys are claimed g·reatly to improve coast navigation and at a largely reduced cost from that of methods now in general use: and to accompany it with the petition. Re8olved, That the Committee on Commerce be instruct-ed to inquire into and The bill (S. 1913) to increase the efficiency of the river observation of report to the Senate the merits of all systems of coast lights, beacons, and buoys the Signal Service was read twice by its title, and, with the a.ocompany­ using gns as an illu.minant,and to this end said committee is hereby authorized to make such tests and examinations as may be deemed necessary, inviting the ing petition, referred to the Committee on Commerce. \)Wners of such inventions or discoveries to appear and exhibit the same; and 1\Ir. CALL introduced . a bill (S. 1914) confirm.in:g titles to certain for the purpose of ascertaining the necessity for such improved aids to naviga.- · lands in the State of Florida; which.was read twice by its title, and re­ tion the committee is empowered to send for persons and papers and to take the testimony of sucll vessel-owners, merchants, and others as may appear or ferred to the Committee on Public. Lands. be sum.moned before them. :Mr. COLQUITT introduced a bill (S. 1915) to remove the disabili­ ties of James D. John~ton, of Georgia, incurred under the fourteenth SPECIAL ATTORNEYS OF DEPARTMENT OF JUSTICE. amendment of the Constitution; which was read twicebyitstitle, and, Mr. VANWYCK. I ask for the immediate consjderation of the fol- with the accompanying papers, referred to the Committee on the Judi- lowing resolution: · ciary. . . Wherea'3 on the 23d day of January,1884, the Senate adopted the following: Mr. 1l!ILLER, of California, introduced a bill (S. 1916) to authorize '''Resolved, That the Attoruey-Gene.ral be directed to inform the Senate when and by whom the compensation for special attorneys in the star-route cases in the Secretary of War to issue clothing to the inmates of the V cterans' the District ofColumbiawas fixed, and to furnish copies of any agreements or Home of California; which was read twice by its title, and· referred to memorandtl. relating thereto; and if, in his judgment, the compensation is un­ the Committee on Military Affairs. reasonable, why he ratified and continued the same. Also whether said attor­ neys, or any of them, are now in the employ of the Department of Justice, and He also introduced a hill (S. 1917) to authorize and.require the pay­ at what compensation." · ment to the State of California of the sum of $241,625.82 for moneys Whereas no reply has been made thereto: Therefore, expended and liabilities assumed by said State for the common defense Resolved, That the Attorney-General be directed to furnish the information prior t-o September 1, 1856; which was read twice by its title, and, with demanded or to give his reasons for neglecting or refusing so to do. the accompanying papers, referred to Lhe Committee on Military Af­ Mr. INGALLS. Let that lie over until to-morrow. fairs. The PRESIDING OFFICER. The resolution willgooverunderthe Mr. PLUMB introduced a bill (S. 1918) to extend the jurisdiction of rule and be printed. 2200 CONGRESSIONAL RECORD-SENATE. MARcH 24,

MESSAGE FR0111 THE HOOSE. in supposing that this motion is not debatable. It is debatable. A mo­ tion to proceed to the consideration of a bill would not be debatable, A message from the House of Representatives, by Mr. CLARK, its but a motion to make a bill a special order is debatable. Clerk, announced that the House had passed the ibllowing bills ; in Mr. HARRISON. I do not desire to spend time now with any de­ which it requested the concurrence of the Senate: bate on the motion. It is, I think, a question of very high privilege. A bill (H. R. 351) authorizing the muster-in and discharge of Henry I believe we shall be able to show that we have in that part of the Ter­ Z. Blinn; . l'itory which is by the bill to be constituted into a State every element A bill (H. R. 1567) for the relief of the legal representatives of the of a great and prosperous American State.. I believe we shall be able late Capt. John G. Tod, of the Texas navy; to show that all of those conditions exist which have in any case been A bill (H. R. 1615) lor the relief of the heirs of the late Langley B. Culley; · applied to any of the Tt.rritories when they came to seek admission into the nion. I do not want, however, to anticipate tlle debate; but I A bill (H. R. 1965) granting a pension to John A. Crozier; ask the Senate to give us an e..1.rly opportunity to discuss this question _ A bill (H. R. 6090) for the relief of Sidney Henderson; executrix of and bring it to an issue here, in order that it may go to the House in John Henderson, deceased; · . time for some action there. A bill (H. R. 2487) for the relief of Bvt. 1laj. Gen. William W. Aver­ Mr. JO~ES, of Florida: I desire to say, as a member of the Com­ ell, United States Army; and mittee on Territories, that I c6ncur fully with what has been said by A bill (H. R. 3932) directing the Adjutant-General of the United the Senator from .Missouri [Mr. VEST]. For one, I dissent from this States Army to place the name of James M. Thomas on the muster-rolls measure, and I should like to have a full opportunity to debate it. I of Company C, Second Regiment Tennessee Mounted Infantry, and for do not object to its coming up at an early day or anything of that kind, other purposes. however. ADMISSION OF DAKOTA. 1\Ir. HARRISON. I am much obliged to the Senator. Ur. HARRISON. I ask that the bill (S. 1682) to enable the people l'tfr. GARLAND. As one of the committee, I did not agree with the of that part of the Territory of Dakota south of the forty-sixth parallel report which was Illl.Lde by the Senator fr~m Indiana, but still I have of north latitude to form a constitution and State government, and for never been averse to considering any subject that any Senator thought theadmission of the State into the Union on an equal footing with the it was worth while to have considered and asked to have considered. original States, and for other purposes, be made a special order for Thurs­ I do not think, how-ever, that Thursday is a proper time to fix for the day next, at 2 o'clock. consideration of the bill. We have now already ahead of it the educa­ The PRESIDING OFFICER. Is there objection to the request of tional bill, the pleuro-pneumonia bill, and probably some other bills, the Senator from Indiana? that Senators are asking to be advanced. I think if the Senator would Mr. COCKRELL. I object. say a week or ten days or sa.y two weeks, rather-- ThP- PRESIDING OFFICER. It is objected to, and the motion may Mr. HARRISON. I am entirely willing to yield to the suggestion have to lie over one day under the new rules. · of the Senator from Arkansas, and to make it Wednesday of next week. Mr. HARRISON. I suppose the motion may be made at once. I Mr. GARLAND. I should not object to that for one, or rather do not know of any rule to the contrary. Thursday of next week, although I am not in fa~or of the bill. The PRESIDING OFFICER. It requires a vote of two-thirds to Mr. HARRISON. I will accept that suggestion, and say Thursday make a bi1l a special order. of next week. . · Mr. HARRISON. I will state to the Senate that I make this motion Mr. COCKRELL. I think the Senator from Indiana ought to real­ by direction of the Committee on Territories, not with the expectation ize the fact that the bill will not pa-ss readily or become a law at this that the bill will probably be reached for consideration on that day; session of Congress, and it is an absolute waste of time, a useless con­ but as it is the request of the committee, and a rt-.asonable one I think, sumption of the time of the Senate, to be making it a special order and I was in hopes that the Senate would at least give us an early oppor­ discussing it for a week or ten days. tunity for the consideration of the bill. If the motion is in order, if I Mr. HARRISON. I have not believed that we should divide upon can no~ pers-uade my friend to withdraw his objection, as I hope he this bill for the admission of Dakota upon any party line. I do belieYe will, there is nothing for me but to submit the motion to the Senate. that when we come to discuss the question I shall be able to show that The PRESIDING OFFICER. The motion is now in order. There no man can take a reasonable standing in opposition to the bill, either is nothing else before the Senate. · upon the question of population or upon the size or character of tho Mr. HARRISON. I do not think the bill will occupy much time. proposed State as compared with any of the States that we repre ent It was not our intention to spend much time with it; I do not think. here. I deem it my duty, as the chairman of the committee at lea t, we need to do so; but it was our desire to bring it to an early vote in to bring the attention of the Senate and its consideration to this bill the Senate. · at an early day. When the time comes for debate I hope we shall be Mr. COCKRELL. ·I hope my distinguished friend from Indiana Win able to show to every one who believes that reasonably and where the not insist on the bill being made a special order. We have already conditions exist out of which an American State ~hould be constituted consumed the last two weeks-- · the Territories ought to be organized into States; that there are here a - Mr. HOAR. Is the motion debatable under the new rules? stronger argument and better reawns and safer conditions for the erec­ The PRESIDING OFFICER. Under the new rules it is not de­ tion of an American State than have often existed in the case of States batable. that have been admitted to the Union. 1\Ir. HARRISO:,. I hope the Senator from Missouri will be allowed Mr. VEST. If the Senator from Indiana does not propose, as he says, to resp(>nd to what I said. to debate the question at this time, he ought not to make the stilte­ Mr. HOAR. Certainly; I will waive my objection. I beg the Sen­ ment that no one can make a reasonable opposition to the measure which ator's pardon. I ought not to have objected after the Senator from he seeks now to make a special order in the Senate. I nndertake to Indiana had -spoken. I merely wanted to save time. I withdraw the say with just as much confidence that there is no earthly reason for o'Qjection. pressing the measure upon. the American Congress at this time. Meas· Mr. COCKRELL. I have nothing further to say. I am against the ures of the greatest nation.Jl importance are now lagging bthind and motion. claiming the consideration of the Senate. It is well known that Con­ The PRESIDING OFFICER. The question is on agreeing to the gress is far behind in its work at this session, until there is a c1amor motion of the Senator. from Indiana to make the bill a special order for through the country now for us to proceed to matters of urgent legis­ . Thursday next. lation. If one--tenth of what the people who apply for this new State · Ml·. VEST. I understand that that motion is not debatable. now say and swore 'to before the committee is true it is a perfect Ely­ The PRESIDING OFFICER. It is not debatable under the new sium, it is the happiest land, next to that of Canaan, which has existed rules, the Chair thinks. since the creation of the world; and yet according to the Senator there Mr. VEST. I should like to make a statement as coming from the is urgent and ab olute and imperative necessity that all other measures minority of the committee. should be put aside and that we should go into a lengthy debate in The PRESIDING OFFICER.. The Senator from Missouri aks unani­ regard to this bill. I say they have not the population, and I can prove mous consent of the Senate to make a statement in regard to the bill. it, unless you go into the realms o.f imagination outside of figures, to is there objection? The Chair hears none. entitle them to a Representative in the other brnnch of Congress. It Mr. VEST. I was not in the Senate at the time that the chairman the Senator proposes to debate it, I am ready at any time to take up of the Committee on Territories made the report, or else I should have that issue with him. stated, as I propose to state now, that the minority of the committee, · Mr. CONGER. His the object of asking an early day for the con­ of which I am one, is opposed to the passage of the bill, and opposed sideration of the bill that the friends of the bill, or its opponents, if there to making it any special order; at least in that regard I speak for my­ are any, may present to the Senate their reasons for and against the self. As to the time it will take to dispose of the bil1, I can not agree adoption of the measure. My friend from !issouri says that all the with the Sen.:'l.tor from Indiana. It is a measure that will give rise to statements show that the people of that Territory are in the most de­ considerable debate, and the Senate may prepare itself for a discussion lightful condition in the world. Still my friend from Missouri is not on the merits· of the bill if it is made a special order. happy. . The PRESIDING OFFICER. It is the duty of the Chair to inform ~1r. VEST. I am not unhappy. It isyeur side that is unhappy. the Senator from Missouri [Mr. COCKRELL] that the Chairwa~ in error am willing to let it stay as it is. 1884. CONGRESSIONAL RECORD- SENATE. 2201

1\fr. CONGER. It is the opinion of a majority of the committee, one in favor of this bill. I hope we shall be able to dispose of it. ·I and, as I understood, of all, that the bill should be presented for con­ should like to oblige my colleague in any possible way, but I think this sideration at an early day and its merits discussed. I have no doubt bill ought to be disposed of. of the result whenever the subject can be brought before the Senate Mr. .MORGAN. I do not think the vote taken on my amendment and the facts in the case presented. the other day is a test of the opinion of the Senate in regard to increas­ The PRESIDING OFFICER. The question is on agreeing to the ing the salaries of the judges from $3,500 to $5,000. motion of the Senator from Indiana. [Having put the question.] The 1.1r. HOAR. It is sa far as I am informed by such inquiry as I have ayes appear to have it. been able to make. Mr. COCKRELL. Let us have the yeas and nays. 1.1r. DAWES. I am afraid my colleague is too sanguine about the The yeas and nays were ordered. . time it will take to consider this bill. Mr. BUTLER. What is the exact proposition? Mr. MORGAN. It will necessarily lead to further discussion. I d0o The PRESIDING OFFICER. The motion of the Senator from In­ not know that I shall participate in it, but other gentlemen desire to diana as modified is that this bill, the Dakota bill, be made a special do so. It is a question of very great gravity, because when we get this order for Thursday, the 3d day of April next. statute on the statute-book we can not afterward repeal it, and we are Mr. HARRISON. Thursday week. jumping $1,500 at a single bound on these salaries, when we had better Mr. BUTLER. Perhaps I ought to state, as a member of the Com­ not go more than 500 at a session, to say the least. mittee on Territories, that I happened to be absent at the time the re­ The PRESIDING OFFICER. It is the duty ofthe Chair to remind port was made, and, with the Senators from Missouri, Arkansas, and the Senator-- Florida, I dissent from the provisions of the bill reported. Mr. 'MORGAN. I am not discussing the merits of the bill. I am The PRESIDING OFFICER. On this question the yeas and nays discussing the reason why it oughtnotto be gone into now, and why it have been ordered. will take a good deal of time to dispose of it. The questions involved The Secretary proceeded to call the roll. are important and the bill is not by any means satisiactory to the Sen­ Mr. HILL (when his name was called}; I am paired on this question ate, I think, and it certainly is not to the committee; at least to some with the Senator from Arkansas [Mr. WALKER]. members of it. 1\Ir. SAWYER (when his name was called}. On this question I am The PRESIDING OFFICER. The Chair must remind the Seftator pair~d with the Senator from West Virginia [Mr. CAMDEN]. If he that under the new rule adopted a motion to proceed to the considera­ were here, I should vote '' yea.:' . tion of a bill is not debatable. Ur. SEWELL. (when his name was called). On this question I am l\Ir. RGAN. I beg pardon of the Senate for having violated the paired with my colleague [Ur. McPHERSON]. If he were present, I rule, but the Senator from Massachusetts had set me the example. should vote ''yea'' and he would vote ''nay.'' The PRESIDING OFFICER. The question is on the motion of the The roll-call was concluded. Senator from Massachusetts [l\Ir. HoAR] to proceed to the considera­ Mr. HILL. I announced a pair, but I am authorized to vote. I vote tion of the bill named by him. ''yea.'' The motion was agreed to; and the Senate, as in Committee of the Mr. ALLISON (after having voted in the affirmative). I withdraw Whole, resumed the consideration of the bill (S. 1852) fixing the sala­ my vote. I am paired on this question with the Senator from Louisi­ ries of the several judges of the United States district courts at 5,000 ana (Mr. JONAS]. per annum, the pending question being on the amendment proposed by Mr. GROOME (after having voted in the negative). I desire also to Mr. VA~ WYCK, in line 4, after the word "of,'' to strike out "five · 1 withdraw my vo~. I am paired with the Senator from Uinnesota [Mr. and insert "four;" so as to make the bill read: .McMILLAN]. . Be it enacted, &c., That the salaries of the several judges of the di trict courts 1\il:. JONES, of Florida. I did not know this was a political ques­ of the United States shall hereafter be at the rate of $4,000 per annum. tion, making a bill a special order. If it is I should like to know. The amendment was rejected. Mr. BUTLER (after having voted in the negative). As this seems Mr. COKE. I propose to amend the bill by adding the follo,ving as to be a-party question I feel constrained to withdraw my vote. I am a new section: paired with the Senator from Pennsylvania [Mr. C.Al\1ERON]. Mr. HAMPTON (afterhavingvotedin the negative). I was requested SEc. 2. It shall be unlawful for any person related by consanguinity or affinity to any circuit or district judge of the United Stat-es to hold any office or employ­ the other day to pair with the senior Senator from Rhode Island [Mr. ment in or pertaining to any court pre ided over by such judge; and any judge ANTHONY]. I do not know whether the pair continues, but I do not who shall knowingly cause or permit a violation of this section shall be deemed see him in his seat, and I therefore withdraw my vote. guilty of a misdemeanor. Mr. ALLISON. I have transferred my pair to the Senator from Uin­ Mr. President, this is an amendment suggested by a very great abuse nesota [Mr. McMILLAN], andivote ''yea.'' TheSenatorfroml\linne­ which has existed in the State that I have the honor in part to repre­ sota [Mr. McMILLAN] is paired with the Senator from Louisiana [Mr. sent on this floor. I have known all the Federal judges ever ap­ JONAS]. pointed for Texas, and with the single exception of Judge l\IcCorffiick1 Mr. GROOl\lli. Under the statementjustmade by the Senator from the present judge of the northern judicial district of Texas, every one Iowa, I vote "nay." of them has followed the practice of filling the offices of his court with The result was announced-yeas 33, nays 23; as follows: his own or his wife's· relatives. The practice of nepotism has been YEAS--33. gross, flagrant, and with the exception named has been unifmm with Allison, Garland, Logan, Platt, them. Blair, Hale, 1\iahone, Plumb, Bowen, Harrison, Manderson, Riddleberger, The consequence has been, as will always be the case where this is Cameron of Wis., Hawley, 1\Iiller of Ca~.J Sherman, done, that parties litigant in the courts have enormous cost-bills taxed Conger, Hill MillerofN. l:., VanWyck, against them, and are placed at the disadvantage if they would right Cullom, Hoa;_., Mitchell, Wilson. themselves of having to make an appeal to the judge of the court against Dawes, Ingalls, Morrill, Dolph, Jones of Florida., Palmer, the action of one of his near relatives. This is not right, just, or fair. Frye, Lapham, Pike, The people are entitled to impartial judges, unbiased by rela.iionship NAYS-23. or any other consideration in all their judicial business. Bayard, Colquitt, Harris, Pendleton, 1\ir. HARRIS. If the Senator from Texas will allow me, I would sug­ Beck, Farley, Jackson, Pugh, to As Brown, George, Kenna, Ransom, gest him a modification of his amendment. the amendment read , Call, Gibson, Lamar, Vance, it provides that no person related as described shall hold any office, &c., Cockrell, Gormn.n, Maxey, Vest. which would apply to a marshal If he would narrow his amendment Coke, Groome, 1\iorgan, to the statement that no judge shall appoint any relative to an office of .ABSENT-20. which he bad the appointment~ I think that would be proper. Aldrich, Edmunds, l\1cl\1illan, Sewell, fr. COKE. Then there would be this trouble: The judge appoints Anthony, Fair, !cPherson, Slater, Butler, Hampton, Sabin, Vom·hees, the clerks; the clerks appoint their deputies. The clerk appointed Camden, Jonns, Saulsbury, Walker, might be a figure-bead, and he would appoint thejudge'ssonorson-in­ Cnmeron of Pa., Jones of Nevada, Sawyer, Williams. law or other relative as a deputy. The office of the marshal is. not an The PRESIDING OFFICER. Two-thirds of the Senate not having office pertaining to the court. It is a district office, filled by appoint­ voted for the motion, it.fails. ment of the President. Let the runendment be reported. SALARIES OF DISTRICT JUDGES. The CHIEF CLERK. It is proposed to insert _as a new ection the following: 1\Ir. HOAR. I move to proceed to the consideration of Order of Busi­ ness 373, being the bill (S. 1852) fixing the salaries of the several judges It shall be unlawful for any person related by consanguinity or-affinity to any ~ircuit or ~i~trict judge of the UJ?ited States to hold any office or employment of the United States district courts at $5,000per annum. m or pertammg to any court prestded over by such judge; and any judge wb() Mr. DAWES. I wish my colleague would consent to permit me to shall knowingly cause or permit a violation of this section shall be deemed call up the bills which I reported this morning. If they cause any de­ guilty of a misdemeanor. bate I shall not urge them now. l\Ir. HOAR. !.fay I ask the honorable Senator from Texas, without l\fr. HOAR. This matter has been discussed for several days and disrespect, if he accepts the scriptural doctrine of the origin of the hu­ there has been a test vote, on which the Senate was about four or five to man race through Adam ? 2202 CONGl{ESSIONAL RECORD- SENATE. MAB.CH 24,

"Mr. COKE. I will discm;s that question on some other occasion. The PRESIDING OFFICER. The question now is on the amend­ At this time I am giving attention to the pending bill. ment as amended. Mr. HOAR. If he does, I ask whether every human being is not Mr. BUTLER. I should be obliged to the Chair if both the original related by consanguinity or affinity to every other? There is no limit amendment and the amendment as amended should be read. of degree in the amendment; it does not limit it to the tenth cousins The PRESIDING OFFICER. They will be read. or one-hundredth cousins. - The Chief Clerk read the amendment originally proposed by Mr. 1\lr. COKE. The terms consanguinity and affinity are very well un­ CoKE and the amendment to it moved by 11-Ir. HoAR and adopted. derstood by everybody except the Senator from ~Iassachuset:ts. They Mr. MAXEY. I have knowledge of the complaint made through­ ru·e terms the signification of which is defined in all the law-books. out the State of Texas, alluded to by my colleague, for a great many They are used in the statute laws: and everybody understands them. years. I think it is true almost without exception that appointments Ur. HOAR: But this does not state the degree, if the Senator will have been made to these positions of persons relo.ted to the presiding pardon me, because this is a serious point. judge, the effect of which has been that suitors have an idea that where Ur. COKE. I do not yield, thinking there is nothing in the Sena- a bill of costs amounts to a great deal they can not appeal from the tor's objection. ' · taxation of the bill without going into the trial of it with the feeling The PRESIDING OFFICER. The Senator from Texas declines to that the judge is on the side of the clerk who makes out that bill of yield and has the floor. costs. This is the way in which justice has been administered in the 1\Ir. COKE. I have introduced the amendment not through any hos­ Federal courts. But it is not the case in the district in which I live, tile intent to this bill, because I intend to vote for it, but I desire to the northern district. There never bas been the slightest complaint of correct an abuse which is h.""Tiown in the St-ate where I live to be a very partiality; there has never been thesHghtest complaint that the judge great one, so great that on the second day of the meeting of this Con­ appointed his 1.-ith or kin to any position whatever, and t,here is a bet­ gress I presented a memorial, which I have before me now, printed in ter feeling on the part of the people of the northern district toward the the RECORD, signed by the United States district attorney for the administration of justice in the Federal courts in t.hat district, I venture western district of Texas, asking Congressional action on this very to say, than in any other district in the entire Southern States, because sub.i,ect. the people have entire confidence in the ability and impartia.lity of the We have three districts in Texas, the northern, the eastern, and the judge, and feel sure that justice is legally administered in accordance western districts_ In the northern district, presided over by Judge with the forms oflaw. McCormick, there is rro complaint. In every other judici l district The amendment speaks of the affinity or consanguinity-being within and under every other judge who ever sat on the Federal bench in the degree of first cousin. I do not know whether that would reach Texas there ha been great and loud complaint, and with justice. the object. The great trouble with us is the appointment of sons-in­ 'Vhy, Mr. President, what chance has a suitor in the courts when law and brothers-in-law. his co t-bill is taxed by the clerk who is the son-in-law of the judge That the principle of the amendment of my colleague is right, I have or the son or the nephew of the jurlge on the bench-what chance has no doubt. I believe the judge on the bench should be not only free that litigant to appeal successfully against wrong to the judge? What from all evil influence, but should be free from the appearance of all prospect of success to appeal to the head of the family for relief against evil influence. a wrong being done by one of the minor members? There is none. M1·. MORGAN. Mr. President, the arguments in favor of rewarding People should not be placed in that predicament; and in my State I the judges of the United States district courts commence to come in assert in ro be a fact that ever since the annexation of Texas in every in great force. The two Senators from Texas have now discovered that court except Judge McCormick's, in the northern district of Texas, the the judges in their State and elsewhere in the Southern States have people h~ve with good cause complained loudly of this great wrong. I been guilty of the most outrageous nepotism in the appointment of say it is not just. Good officers can be obtained outside of the judge's their relatives to all the offices, clerkships, and deputy clerkships n.nd family. We are making now an addition to the judge's salary; weare receiverships, and the various \cry important and very lucrative offices making an additional provision for llim. He ought to be able to get connected with the courts; and yet these Senators are assisting the bal­ along with this additional provision, without filling the offices of the ance of the Senate in the very profound desire to reward them for such court with his family and relatives. • services as these to their families. Mr. President, I have had thismatter before the Judiciary Commit­ I think, sir, if this debate goes on a little while longer we shall get tee. On the second day of the meeting of this Congress when I pre­ probably to the bottom of this subject, and not only what I have been sented the memorial of the attorney of the western district of Texas I compelled reluctantly to state on this floor in opposition to t be increase called the attention of the committee to it in some remarks I ubmitted of these salaries in fa,or of the judges who now hold the office, calling .at the time and had the memorial referred to that committee where it up as I have done the reports of the officers of the Department of Jus­ now sleeps. Nothing has been done with it. I :find an opportunity tice, bat we shall ha\e re-enforcements from every quarter to how that here in the way' of amendment to this bill to do what I think ought the Senate of the United States is now engaged in rewarding by an in­ to be done, and therefore I present the amendment and believe that it crease of salary a set of men who have done very little el e than abn e -ought to be adopted. the powers of their offices for the per\ersion of right and public justice. :Ur. HOAR. Mr. President, I desire to offer an amendment to the On the chancery side of a district or circuit court of the United State , .amendment of the Senator from Texas, which I am sure he Will accept, where the district judges may preside in the circuit courts, the occasion which will cover his point. The ·criticism wliich I endeavored to call is often, very much too often, presented for the appointment of receiv­ to the attention of my friend from Texas was tha.t he has not limited ers for the administration of very large estates, particularly of enormou the degree of consanguinity or affinity. It is true that the words "re­ railway corporations. I myself have seen a district judge of the United lated by consanguinity or affinity" have a well-knoWn. legal meaning, States as anxious for the opportunity to wreck a railroad and appoint but those relationships are within different degrees, and the difference a receiver as ever a Comanche Indian was for a buffalo, with his war varies in the common law, the civil law, and t,he canon law. As every­ paint on and his bow and arrow or gun or whatever else of weapons of body knows in regard to th~ matter of marriages, by some laws you can destruction he had. I recall one instance of such a flagrant character not marry your first cousin. I propose this as a substitute for the Sen­ as that I was compelled, as counsel for some of the bondholdel'S of a .ator's amendment: railroad company, while being a private cWzen of the United States No judge or officer by him appointed shall appoint to any office or employ­ and entirely unknown in Washington, to come here and present before ment in or pertaining to any court presided over by such judge any person re­ a committee of this body "the effort that was then being made, and this lated to him by affinity or consanguinity within the degree of .first cousin. body and the other House immediately acting upon the representations Mr. COKE. That does not go far enough. which were made snatched the circuit-court powers away from that l\ir. MAXEY. How about hrothers-in-law? judge and required that he should no longer be able to exercise them Mr. HOAR. Consanguinity and affinity include the relatives of the in his district court. That was one of the first instances in my experi­ wife in the same degree. I trust my friend from Texas will accept the ence as a lawyer which led me to the conclusion that the powers of the :amendment. United States circuit and district courts, particularly in chancery causes, Mr. COKE. I doubt very much if that will accomplish the object I were capable of being abused to a degree that .scarcely ever Waf? per­ ha\e in view: mitted to the exercise of power in the world. The PRESIDING OFFICER. The Senator from Massachusetts of­ Now I appeal to the Senator from Texas whe sits nearest me [Mr. fers an amendment to the amendment, which will be. read. COKE] to answer me if he does not believe t.hat there are kin people The Chief Clerk read the proposed amendment to the amendment, as of judges in· his own State who have made $100,000 fee-money out of follows: offices like these. No judge or officer by him appointed shall appoint to any office or employ­ ~1r. COKE. I can not say how much they have made, but I know ment in or pertaining to a.ny court presided over by such judge any person re­ they have made a great deal. lated to him by affinity or consanguinity within the degree of tirst cousin. l\1r. MORGAN. Very good. Does that Senator want to reward that Mr. HOAR. I move that as a substitute for the amendment of the judge for holding his place? I do not know who the judge is. I dare Senator from Texas. say, however, that he is a man who is upward of seventy years of 3{t*'~ The PRESIDING OFFICER. The question is on the amendment to and entitled to retire upon his full pay, and yet he holds the office. the amendment. Mr. COKE. Will the Senator permit me a word? The amendment to the amendment was agreed to. Mr. MORGAN. Yes. - td84 . CONGRESSIONAL RECORD- SENATE. 2203

• 1\Ir. COKE. I have to say to the Senator from Alabama that I am informs us that there was some discontent on the part of certain Sena­ .actuated by something higher than the view of rewarding anybody in tors that their judges had not been relieved by an increase of salary, the vote I give. on this bill. · and thereupon the Committee on the Judiciary thought it was better Mr. l\IORGAN. I know. to go back and to make a law which should include all, so that every Mr. COKE. Permit me to go on a little furthe1·. I do not propose to judge, good and bad, it made no difference what his record might :reward anybody. I introduced a memorial here a few days ago, signed have been, should stand upon a parity and that they should all re­ by a large number of members of the bar of my State, asking for this ceive $5,000 a year for their services. increase of compensation for judges. I know the fact to be that the Mr. President, I submit to the Senate whether the other course would judge of the northern judicial district of Texas has had to move away not have been the proper one. That committee came to its own just from the city of Dallas, the principal point in his district, and off the conclusion that there were certain judges who ought to be rewarded in :railroad, to where with his larg~ family he can live on his salary. I the United States because the salaries of tl~eir office were too small for know these facts. I have no desire to re\var~ anybody, but I do de­ the amount of labor they were compelled to perform and the amount sire to pay the judges a competent salary. At the same time I desire of expense they were compelled to undergo. Why was it that this -to purity the j uillcial service by the passage of this amendment forbid­ brave and bold committee of the greatest jurists in this body, and ding nepotism. therefore among the greatest in the United States if not in the world 1\Ir. MORGAN. The way to forbid nepotism is to for hid the men who found it necessary to abandon their first conclusion to reward those men are guilty of it. The way to forbid the oppression of the people in the who really needed the reward, and to take in all the balance, whether taxing costs and fees and charges against men and hauling them from they needed it or .dtJ erved it or not? There was an abandonment of ()ne place to another for trial, is to forbid the men who are guilty of the principle in that, there was a concession to a mere rumor of opposition -toleration of it upon the bench. These things would not occur if the in the Senate without the committee ever having taken the pains to judicial departments of the United States to-day were occupied by men bring this measure before the Senate to test its real sense on this propo­ -who were deserving of them. sition. The Senator from Texas says he has a higher standard than the mere Now, without asserting that this last measure is not satisfactory at .question of personal reward to any man for his service or the with­ least to some Senators, if they meant to poll the Senate and to find out holding of personal reward because of his lack of service. It makes what the vote of the Senate was before they introduced it, why did no diftl~rence to me what the standard of the Senator from Texas may they not come to me as well as to other Senators and ask if I had reasons be. My standard is not to reward out of the Treasury of the Unikd to suggest against their second proposition? It never occurred to me .States a set of men who are incompetent or unjust; and if these judges that the Senate of the United St.ates would place upon the statute-book in Texas have been doing these things which the Senator from Te+a.s an amendment that can not be gotten rid of hereafter or reduced at all, informs us, if they have abused the powers of their offices, they are not leaping up from 3,500 to 5,000 a year in consideration of these serv­ ~ntitled to this reward. ices. We find that this committee is not a unit in favor of this bill· · It is not agreeable to me to have tba..<:e things to say; but when I pre- at least one of the gentlemen upon the committee has declared his op­ ent to the Senate of the United States through authentic report of the position to it, and has voted against the increase of the salary in favor Depa1iiment of Justice matters which relate to the. administration of of all judges who are now upon the bench. that Department in my own State, and I show from these reports that Now, sir, if I was contending for anything else than right and jus­ the judges there have not only abused their powers but have tolerated tice and duty upon this occasion I would long since have abandoned the abuse of the powers of all their subordinates, and that these have any opposition to this measure; but I will stand here and I will pre­ resulted in outrages upon the people of my State, I think that I have vent it in every legal way I can, and I do hope that I may be able to a 1·ight rather to the sympathy of my brother Senators, and especially put upon the records of the Senate enough of facts to cause the: com­ from the South, than to have them vote a reward to a man who has done mittee of the House to inquire more profoundly into the effects of this these things which have been thus published to the enate and to the mea ure than the Senate Judiciary Committee seem to have done. 'Ve world by an addition of $1,500 to his salary. have a lot of judges on the district bench who are appreaching 70 years Sir, if a Senator on this :floor were to tell me that the effect of this of age, pochaps many, certainly half a dozen or more. What do we law would ·be to keep in office a man whom the Government· officers do? We immediately raise their salaries 1,500 a year in order to en­ themselves have been compelled to denounce a having abused the able them to retire when they get to be 70 yean> of age on 5,000, in­ powers of the great trust confided to him, I would stay here during the stead of 3,500. rest of my life before I would vote to reward the judge over their pro­ Is that & fair way to deal with the money of the people of the United test. · They can have their own way and put their standard as high as States? No, sir; neither is it just in. itself, because while this bill pro­ they please. I shall be content when I have advertised to the world fesses to reward men more in accordance with their merits and deserts that I am trying to protect the honesty and fidelityofthejudges. Then in consequence of the higher labors that are imposed upon them than Senators can take to themselves such credit as they may find in the fact used to be, we put in no qualification as to what the salary shall be that they are willing to reward them notwithstanding the reports Ltid after the man declares himself to be incompetent to sit as a judge by before the country and before the Senate to-day showing that they are tendering his resignation and putting himself upon the retired-list. unworthy of those offices. Here we are giv4Jg to men now approaching 70 years of ag~ $5,000 a Now, sir, there is a judge in the State of Texa , I am informed, who year upon the pretext that the labors men perform require that they is over 70 years of age. He has been holding on to his office for some should have a larger compen..c;ation, when we know they have nothing years if I am correctly informed. I may be mistaken as to his age-­ to do but to resign their offices and continue to draw the $5,000a year Mr. COKE. The Senator is mistaken. as long as they may live. Mr. MAXEY. Oh, yes. It is my opinion that honorable Senators on this floor will hear from :Mr. :MORGAN. There are judges, I am informed, in the Unitea this after a while; and this gross unnecessary extravagance on the part States who are over age bnt who still hold on to their offices and exercise of this body can not be polished off or glossed off by the mere fact that their powers when by resignin~ they might draw the salaries during we want to have a high standa,rd ofjudicial compensation when we see the balance of their lives, and there are many who are approaching 70 that it is rewarding incompetency in some cases, n~potism in others, years of age. and providing large pensions for officers who may retire and will retire 1\Ir. COKE. I will say to the Senator, if he will permit me, that very soon at 70 years of age. When the time shall come I will offer there was a judge of whom that thing was said, that he could have been another amendment to try to graduate this pay 100 a year during the retired and yet he held on to the office. time the officer may be in the service, so that when a judge reaches the Mr. MORGAN. Now the Senator from Texas has gone further than age of7U years he will retire not with 5,000 annual salary, but he I expected I should be able to go in this ca e. There was a judge in will retire on a smaller sum. Texas who could have retired under the law-- Senators need not flatter themselves that the people of the United :Mr. COKE. Yes. States are not noticing what they are doing with the Treasury. The 1\-Ir. MORGAN. Who was over 70 yeats of age, and of whom it was increase of salary propo ed by this bill is worthy of the denunciation said, I suppose by the bar, that he held on to the office and did not resign which I give to it upon this :floor, that it is for the mere glory of•,the because his relatives were in office under his appointment, and if he had legal profession and not for the good of the country. I regret very resigned it would have put the power of appointment in the hand of much that I run brought into an~gonism with the committee on this somebody else and his relatives would have gone without their reward. question, but the commitlee donotstand on firm ground. Theycome If that thing ever occurs or if ever there is a po ibility of its occurring, up here and apologize for their bill, rather than defend it. They must then there is an evil in the case that needs the remedy of law before we know, must feel after a full survey of the facts that the first ground undertake to increase the salaries of these judges. that they said they intended to take of increasing the salary of those This honorable Committee on the Judiciary, a very able and dis­ judges who needed it and who had won it and earned it, was the true tinguished committee, have informed us through their chief spokesman ground, rather than to increase the salaries of all in order that we might here, the Senator from Arkansas [.Mr. GARLAND], that they had great quiet perhaps opposition to the increase of the salaries of some that difficulty in coming to a conclusion aboup this bill, that they at first needed it. That is not the way to legislate in this country. Legislate ' had agreed to report quite a number of the district judg~ of the United upon the merits of your bill, and not try to silence opposition by in­ States for an advance of salary. I believe they did make the report, cludinginyourbillthosemen who might perchance be disposed to mouth but when they came with it into the Senate the Senator from Arkansas against your bill or to make complaint of it. There is too much of that 2204 CONGRESSIONAL RECORD-SENATE. MARcH 24, • in this country. Here are legitimate works of internal improvement ment. I understand the Senator's propo ition as to masters and audi­ that need the assistance ofthis Government; and yet we find commit­ tors for each case; but here, for instance, the judge has his son-­ tees reporting bills and Senators sustaining them which contain appro­ Mr. HOAR. There are not five such cases in the United States. priations which we all know are not for the pu.blic service, but merely Mr. VAN WYCK. Then strike the five cases out. for private advantage, merely to assist somebody in getting an office Mr. HOAR. They will go out in time. from the people; and we are expected and we are required too to sup­ Mr. VANWYCK. upposethereareonlyfivejudgeswhohave sons· port bills containing bad measures because they contain some good fastened in the!' e offices on the Ti:easury of the nation; strike them out. measures. It is expected of me here to-day and of every Senator on this There is no difficulty about this matter. Make it plain, o that there floor that we shall give to every judge in the United States on the dis­ shall be no chance to quibble hereafter. Strike down that perquisite trict court bench, fifty of them, '5,000 a year, whether they deserve it of the judge when you are raising his salary to 5,000 a year. Now, or not, because there are so~e of the judges in the country who accord­ if he ekes it out by appointing his son or stepson his clerk, fix it so ing to the opinion of the Judiciary Committee deserve as much as $5,000 that there hall be no question about the matter. Let the amend­ a year. I believe there are some who do deserve it. There are some ment mean something after it is adopted. Surely a judge ought to be districts in which this would be a meritorious reward; but because I satisfied after he gets $5,000 to keep his family out of office; but let it believe that, it is no reason why I hould be compelled to vote for a be made so plain not only that he shall not appoint them in tbe future measure which contains a reward to men who have not &'l>rned it and but shall drop them now. Why hould there be any objection to that? who do not deserve it, and who deserve a fate very different from that Frame the amendment so that it shall meet the case it is aimed at-- of the complimentary adion ·or this body. The PRESIDING OFFICER. Thehourof2o'clock having arrived, Mr. HOAR. I hope we shall have a vote. The bill has been de­ it is the duty of the Chair to lay before the Senate the unfinished busi­ bated four or five mornings. ness, being the bill known as the school bill. Mr. COKE. I offer an amendment to the substitute of the Senator MESSAGE FROM THE HOUSE. from Massachusetts which I ask may be read. · The SECRETARY. In the first line of the amendment, after the word A message from the House of Representatives, by Mr. CLARK, its­ ''judge,'' it is propo ed to insert ''of any district or circuit court of the Clerk, announced that the House had agreed to the report of the com­ United States," and at the end of the amendment to add "and any mittee of conference on the disagreeing votes of the two Houses on person guilty of a violation of this section shall be deemed guilty of a the amendment of the House to the joint resolution (S. R. 64) prodd­ mi demeanor.'' ing for the addition of $10,000 to the contingent fund of the Senate. Mr. HOAR. I accept that. I hope it will be accepted by unani­ The message also announced that the House had agreed to the amend­ mous con ent. m~nts of the Senate numbered 2, 3, 9, 10, and 11 to the bill (H. R. Mr. VAN WYCK. Let the amendment be reported as it will stand 6073) to provide for certain of the most urgent deficiencies in the ap­ if amended. propriations for the service of the Government for the fiscal year ending The SECRETARY. The amendment, if amended as proposed, will June 30,1884, and for other purpo es, and had disagreed to the amend­ read: ments of the enate to the said bill numbered 1, 4, 5, 6, 7, 8, 12~ and 13. No judge of any district or circuit court of the United States or officer by him AID TO COMMON SCHOOLS. appointed hall appoint to any office or employment in or pertaining to any court presided over by such judge any person related to him by affinity or con­ The Senate, as in Committee of the Whole, resumed the considera­ sanguini\y within the degree of first cousin; and any person guilty of a violation tion of the bill (S. 398) to a.id in the establishment and temporary sup­ of thi ection shall be deemed guilty of a misdemeanor. port of common schools. },1r,. MILLER, of California. I should be glad to have the interpre­ The PRESIDING OFFICER. Thependingquestionis on the amend­ tation of the Senator from Massachusetts of one point in the amend­ ment propo ed by the Senator from Indiana [Ur. HARRISON], on which ment, and that is whether it applies to future appointments solely or the Senator from Arkansas [Mr. GARLA..~D] is entitled to the floor. ' hether it includes those heretofore made. Mr. GARLA.l'rD. Mr. President, the amendment offered by the Sen­ Mr. HOAR. I suppose it applies to the future; but the evil which ator from Indiana involves to a considerable extent the merits of the bill this amendment is aimed at is masterships in chancery, auditorships, which is now before the enate, and in speaking upon thatamendment and things of that kind, where there is a new appointment for every I shall speak upon the bill in its different aspects and bearings, so that case. Of course you would not interpose in the middle of a case with in the remarks I now make I may say all that I desire to say on the such officers or with any of those officers with the single exception of subject. assistant clerks. The clerks have to be reappointed every three years, The bill might very aptly be styled a bill to extirpate illiteracy in o that all the assistant clerks who are in office now in violation of this the United States, and briefly and sub tantially it proposes to appro­ provision would come up for reappointment. It is not worth while, priate 15,000,000 at once for ~his purpo e, and to diminish the appro­ therefore, to go into the past, because it would make great mischief_ priation by $1,000,000 every year for ten years, when it shall cease. Mr. :MILLER, of California. My objection is that it ought not to be The money is to be distributed among the States ill proportion to the applied to the clerks at all. number of persons within the chool age in eaeh who are unable to­ Mr. HOAR. That has been adopted by the Senate. This is to make read and write. It requires that each State shall expend of its own it a misdemeanor to violate the act. revenue one-third as much as it receive from the United States, and Mr. ?tnLLER, of California. Then I shall vote against the bill if then limits the money to be expended for the sup!>ort of normal chools the amendment has been adopted and is retained. to one-tenth part of the amount received. It leave the States free Mr. VANWYCK. I did not hear the colloquy between the two Sen­ under these restrictions to expend the money according to their own ators. The S~nator from California propounded an inquiry which I de­ judgment. It does not attempt to create a new class of teachers and sired to know the answe1· to, as to what was the effect of this amend­ superintendents who shall be in exclusive relations with the National ment. Now, as it appears from the public discussion, and from conver­ Government. . sation between Senators who have taken interest· in this matter, the That is, I believe, a fair analy is of the sub tance of the bill; and in appointment of the officers referred to has been deemed a perquisite of the discussion of i~ two questions naturally arise-first, the power to the judge, which probably eked out his salary of 3,500 a year. Iftbe pass such a bill as this; and second, the policy of it. In other word , salary is to be raised to 5,000, is there any reason why the family of the can Congress enact such a measure as this; and if it can, is it politic and judge, after he is paid $5,000 a year, shall still continue in office under proper that it should be done? him? I presume that was the point of the inquiry of the Senator from The Senator from Florida [Mr. JONE ] the other day, in the few a11d California, but I did not undel'Stand the criticism of the Senator from forcible remarks which he submitted to the Senate on this question, went Massachusetts upon that proposition. My notion is to have this amend­ back to the early history of this country in reference to the subject of ment reach where it should, and directly strike at the appointments education and bowed to orne extent the policy of the Government in previously made. regard to it. In finding his warrant for sustaining the bill he produced Mr. HOAR. Will the Senator allow me? the decision of what are known a the Slaughter-house ca es, in 16 Mr. VAN WYCK. Certainly. Wallace's Reports, that decision being based upon the recent amend­ Mr. HOAR. If a man has been appointed a master in chancery and ments to the Constitution. For one I did not require any amendment has half got. through the trial of a case, you do not want to turn him to the old Constitution; I did not require the thirteenth, tbefourteenth, out and make the parties pay another man? or the fifteenth amendment, or all of them together, to enable me to Ur. VAN WYCK. No. find the power of Congress to do this. Mr. HOAR. So of an auditor. That is the class. Tho· e are ap­ That decision of the npreme Court comes in very well to show an pointments for each case. Nine hundred and ninety-nine out of every additional reason why Congress should do this thing; that on account thousand instances of the evil you want to reach are instances where the of this very large citizenship being added to the country it is compelled appointment is made in each case. You do not want to strike at cases in justice and in good conscience to he1p mitigate the evils imposed by already begun. that sudden addition to the mass of citizenship. To that extent it is a Mr. VAN WYCK. How about the clerks ahd deputy clerks? very strong and very powerful argument. But that we bad the power !lr. HOAR. The deputy clerks are appointed every three years. before the recent amendments I am perfectly satisfied. Indeed, the Mr. VAN WYCK. The clerks are the mot in1portant ·in my judg- Senator from Florida himself in the citation of precedents from the ordi- \ 1884. CONGRESSIONAL RECORD-SENATE. 2205

nances of 1785 and 1787 showed that we had the power and that it bad of Kentucky, from whose academic shades have come some of the best been carefully and tenderly guarded by the Government at all times. scholars in the coqntry. Now, going back to 1812- Probably in the nature of things no m6re would be needed than the The grant to Jefferson College, Mississippi, is concisely stated in the order of citations that be made of the pra-ctice of the Government under those the Secretary of the ~i:easury dated October 5, 1812. ordinances. But this matter came once so clea.rly before the Supreme That was an important grant, and one that was specially gua.rded and Court long before the recent amendments were_ever adopted or before taken care of. So we go on-it would take too long to cite these dif­ they were ever dreamed of, when the complexion of the court was essen­ ferent grants-until we come to the latter-day grants, one of which I tially different from what it is now and from what it has been for the wish to allude to more particularly: past twenty years, tlu'tt l deem it not inappropriate to dte the language July 2, 1862, Congress enlarged the national ed~cational endowm.ent system of the unanimous court, speaking through Judge Campbell, in 18 How­ by the donation to each State of 30,000acres of public land nototherw1se reserved ard's Reports, the caseofCooper vs. Roberts, page 177. This case came (no mineral lands could be selected and selections must be of quarter-sections) for each Senator and Representative (to which such State was entitled under the trom :Michigan: apportionment of 1860}, for the support of colleges for the cultivation of agri­ The appropriation of public lands for that object became a fundamental prin­ cultural and mechanical science and art. It was championed in the Senat~ by ciple by the ordinance of 1787, which settled terms of compact between the peo­ Hon. JusTIN S.lUORRILL, ofVermont. ple and States of the Northwestern territory and the original States, unalt~rable Subsequent to that, within the past two or three years, we passed a except by consent. One of the articles affirmed that •· religion, morality, and knowledge, being necessary for good government and the happiness of man­ bill under the management and direction of the same eminent Senator kind," and ordained that "schools and the means of education should be for­ not going as far as this bill, but a bill going in the same direction, by ever encouraged." This principle was extended first by Congressional enact­ a vote that amounted to two-thirds of the Senate, I believe. I cheer­ ment (1 Statutes at Large, 550, section G), and afterward, in 1802, by compact between the United States and Georgia. to the Southwestern territory. fully advocated and voted for that bill, as I do for this. Then look, }tlr. President, not to detain the Senate by r~ding, at the .After citing the history of that, be proceeds: 2 per cent. funds, the 5 per cent. funds of the net proceeds of sales of But the constancy with which the United States have adhered to the policy in public lands for school purposes, heretofore so freely and bountifully the various compacts with the people of the newly found States and the care given to certain States. · which Congre s has manifested to prevent the accumulation of prior obligations which might interrupt it fully display their estimate of its value and impor­ In view of these precedents we need not spend any more time on the tance. There is obviously a definite purpose declared to consecrate the same point that the power always existed and was never questioned, as is said central section of every township of every State which might be added to the in the address of three eminent gentlemen that I bold in my hand. I Federal system to the promotion "of good government and the happiness of mankind" by the spread of "religion, morality, and knowledge," and thus, by ask attention of the Senate for a while to this memorial. We have gone a uniformity of local association, to plant in the heart of every community the through the era when the control of the Government in all its branches same sentiments of grateful reverence for the wisdom, forecast, and magnani­ was in the hands of an entirely different complexion, politically speak­ mous statesmanship of those who framed the institutions for these new States before the Constitution for the old had yet been modeled. ing, from those in which it is now. This memorial considers that pe­ riod and considers the period subsequent to that. It is from the trustees That is the preface of Judge Campbell, speaking for a unanimous of the Peabody fund. court, to the law in the case which be afterward announces. In this The trustees of the Peabody fund at their meeting in 1880 designated same volume a very important case came up from Saint Louis in refer­ a committee to address Congress on the very subject we now have in ence to schools, the somewhat noted case of Kissell vs. Saint Louis Pub­ hand. That committee consisted of the present Chief-Justice of the lic Schools Board, decided by the same court unanimously; and in pass­ United States, who presides over the first court that sits in the civilized ing I will say that that Saint Louis grant made in 1812 came three times world; of an ex-Attorney-General and an ex-Secretary of State, Mr. belore the Supreme Court for construction, for interpretation, and a de­ Evarts, and of the aecomplished Secretary of the Interior under Mr. fining of the extent of that grant as interfering possibly with other Fillmore, Mr. .Alexander H. H. Stuart, of Virginia. That was the com­ grants; and yet with all this litigation, and with a case from Michigan mittee appointed by these trustees to draft a memorial to Congress. before it and a case from Wisconsin in ninety-fifth United States Reports, They drafted this memorial, and I wish now to read some parts of it. the point never occurred of bringing in doubt or in dispute the power of .After showing the necessity of Congressional a.id, they say, on page 11: Congress to make these grants in any case it saw proper; and as· the The next point whichyourcommittee have felt it to be their duty to consider • Senator from Florida well said, if you could grant lands you could of is, does Congress possess the constitutional power, not to control, but to con­ course grant the money; if you could grant land worth a dollar and a tribute to, the education of citizens of the States? quarter an acre y that I desire to submit. • far as I know; and a. little further on I will attempt to show that we Article 14 of the constitution framed in 1874 by the State of Arkan­ want to educate the colored people, and that it is very important to u sas, under the title of'' Education," is: that they should be educated. SECTION 1. Intelligence and virtue being the safeguards of liberty and the bul­ I was reterring to what I believe to be the only matter that I could as­ wark of a free and good government, the State shall ever maintain a. general, suitable,-and efficient system of free schools, whereby n.ll persons in the State certain after examin~ion which looked to a. distinction, and that wa between the ages of 6 and 21 yea.rs may receive gratuit()US instruction. law adopted in Kentucky. I believe, though I am not sure, that that ha SEc. 2. No money or property belonging to tire public school fund or t.o this been repealed; but whether it has or not, the courts ha\e held that it was State for the benefit of schools or universities shall ever be used for any other unconstitutional iu the caseofClaybrook and others vs. City of Owens­ than for the respective purposes to which it belongs. SEc. 3. The General Assembly shall provide by general laws for the support borough, in 16 Federal Reporter. It was held that that distinction could of common schools by taxes, which shall never exceed in any one year 2 mills not be made; that all must be taxed alike, and all pay alike: and they­ on the dollar on the taxable property of the State; and by an annual per ca. pita. must all share the benefits alike. tax of $1, to be assessed on every male inhabitant of this State over the age of 21 years: Pnwided, The General Assembly may by general law authorize school I can not find any distinction any-Where, answering more explicitly district-s t() levy, by a. vote of the qualified electors of such district, a tax, not to now the question propounded by the Senator from Maine. We have in exceed 5 mills on the dollar in any one year, for school purposes. Arkans..'lS the law in reference to transfers, not only to suit colored peo­ Such a law has been passed in pm-suance of that provision, and now ple if they are not properly situated in some eases, but to suit the white­ it stands as a statute of the State of Arkansas: people likewise. When I was governor of the State of Arkan&'lS there Provided further, That no such tax shall be appropriated to any other purpose, was established a normal school at the town of Pine Bluff. I appointed nor to any other district than that for which it was levied. SEC. 4. The supervision of public schools, and the execution of the laws reg a. colored mau the superintendent and the professor and president of" ulat.ing the same, shall be vested in and confided to such officers as may be pro­ that school, and I am bnppy to say I receive from him now regular ,;ded for by the General Asi embly. reports that his school is prospering, and those reports that he make That is the organic law of the State of Arkansas on the ·subject of are corroborated by citizens around and about it. free schools. Under the statistics furnished by the Senator from New We may debate as much as we please about the theoretical question, Hampshire, gathered from the reports of the superintendents of common that oft-repeated one, whether the colored man can be educated; but. chools in that State, we find that she bas assessed and paid out, in in my judgment it is something that never will be settled. I know in. round numbers, at the mte of about 400,000 a year for the common­ many in tances colored people have been educated, and I do know that­ school system. And I will state now in reference to those statistics as citizens they have the franchise in their bands and have a right to. that they are incomplete. On account of the overflow at the time the the honors of thi Government, which has been accorded to them now first of those reports was made and the destruction of property there by all the States; and this being so, an effort should be made in the­ and the lateness of the crops there were no collections in some of the direction ofimpro-vingand elevating them. If they are to be citizens, best counties or in comparatively few, but we have an expenditure for they should be made the very best of citizens. They should be made, two years of $800,000 tor about, in round numbers, 150,000 children, if po ible, the most accomplished of citizens. They should h.'"Dow the­ mnging between 6 and 21 years of a.ge. When you look at the com­ value of the ballot that is put in their hands; they should know the­ plexion of the population of that State you will find that in eight or ten value of civil rights; and for one, as I took the stump in favor of the­ or a dozen counties possibly it would stand in the mt.io of a thousand present constitution of Arkansas and was the first ~'vernor under it, I blacks to about two hundred whites. When you go then to other por­ did not mean to humbug anybody then, nor do I m~n to humbug any tions of the State the exact reverse of the picture is presented, so fur as one now. I want all races in this country to be brought up to the very the complexion of the people is concerned. highest phase of education, brought to the very front rank of knowledge­ It wa-s intimated the other day by the Senator from Tilinois [M.r. and information. It is as important to the people with whom t.hey are­ LOGAN] thatthisappeared to him to be a contribution really in the name thrown daily that they be educated as it is to themselves. of the colored persons when, in point of fact, the whites would get the I do not believe, so help me Heaven, that there is any prejudice on. benefit of it. That is a mistake, I think, and the recitation of the facts the part of the educated classes in the State of Arkansas, to which my in connection with my own State sufficiently refutes that. There is knowledge is confined principally, to the education of the colored peo no distinction in that State; the colored and the white children share ple as 1ar as and as mueh as the means given to them will enable them. the contribution alike. They go into separate schools as a matter of to do so. If we have done our best and are continuing to do our best, oourse, which the courts in the different States have decided to be con­ as this precedent has been established all along the line frolll the earli stitutional, because that is not a. distinction based either upon race or est history of the Government, with this accumulated mass of popula­ upon color. tion upon us, it seems to me there is but one duty, and that is to vote­ Now, I find in the State of Kentucky, for example, they had a law this aid. If not in the particular hape in which the Senator from New that levied contributions from the whites to educate the white children, Hampshire has proposed it, let us in good faith address ourselves to­ and from blacks to educate the black children: I am not sure, but I putting it in proper _hape and rendering this aiel. The able gentlemen am of the impression that law has been repealed. who present the memorial t{) which I have referred say on this point. Mr. BUTLER. I should like to ask the Senator what proportion of By the operation of causes which have already been adverted to, it so hap­ the taxes of the State of Arkansas are paid by the white people? pens that this class of our population, which at the date of our independence and for some years afterward was diffused over all the colonies, is now confined Mr. GARLAND. That was a point I had in my mind, but probably mainly to the &ulhern States. These States have not been insensible of the. I was not explicit on it. I said in reference to as many a-s probably mischief to be apprehendeu from the presence of so large a. cla - of ignorant ten or a dozen counties the population would stand in about the ra.tio voters, and they have manifested tl1e most praiseworthy disposi\iou to aid, as of a thousand blacks to two hundred whites, and in the rest of the far as their means would alJow, in their education. State the complexion oftbe population was just the reverse. The ra­ That is the language of these gentlemen, spoken in truth and fairness­ tio of the payment of taxes is much greater than the white population to the Southern StateS. to tbe colored. I am not able to give the figrires now, but I can safely Mr. President, looking at this subject for myself with all the lights. make that. tatement. that surround me and surround this country, and it is erie that I have- 1884. CONGRESSIONAL RECORD- SENATE. 2207 given some considerable attention to, I do not know how my friends on The bill(H. R. 1965) granting a pension toJohn .A. Crozierwasread the other side can say sincerely to the colored man, ''We want to edu­ twice by its title, and referred to the Committee on Pensions. cate you, and yet will not vote for this bill or something similar to it.'' The bill (H. R. 6090) for the relief of Sidney Henderson, executrix I do not understand how they can make it clear to him that they are of John Henderson, deceased, was read twice by its title, and referred sincere when they withhold this effort to help him for ten years until to the Committee on Claims. these States get upon a sound footing and wipe away the rubbish and The bill (H. R. 1567) for the relief of the legal representatives ofthe debris now resting on them, and become self-sustaining. On the other late Capt. John G. Tod, of the Texas navy, was read twice by its title, • band, I do not see how our friends on this side, if they be in earnest in and referred to the Committee on Naval Affairs. their constitutions and statutory laws in reference to common schools BILLS INTRODUCED. in this new era (not doubting, of course, the power of Congress to do it), Mr. SHERMAN introduced a. bill (". 1926) to define the boundaries can withhold their support from a measure of this kind. of the collection districts of Uiami and Sandusky, in the State of Ohio; I look upon this measure as being the most important one that has which was read twice by its title, and, with the accompanying paper, heen ~...fore Congress for many, many days; and formy State !look upon referred to the Committee on Commerce. . it as the most important bill to us that has been proposed here. We Mr. PLUMB introduced a bill (S. 1927) granting a pension to 0. F. are struggling there with conscientious energy and with a high purpose Miller; which was read twice by its title, and refened to the Com­ to accomplish these ends, but by reason of circumstances not within our mittee on Pensions. control we are not able to meet the requirements of the time. Many of om schools hold sessions only two and some three months in the year: URGENT DEFICIE~CY APPROPRIATION BILL. If this aid is given to us-an aid, if you please, equal to what we con­ The PRESIDING OFFICER laid before the Senate the action of the tributeourselves, though that would not be in a generous spirit; it would House of Represe.p.tatives on the amendments of t})e Senate to the bill be to a certain extent taking out the life and spirit of this bill-much (H. R. 6073) to provide for certain of the most urgent deficiencies in good will be accomplished. the appropriations for the service of the Govemmcnt for the fiscal year I say with that aid we can meet in a reasonable, an honorable, and ending June 30, 1884, and for other purpose . a competent way this great exigency, and I for one look upon this as On motion of Mr. ALLISON, it was the presentation now of the question, Are we togethe1· upon the gmat Resolved, That the Senate insist on its amendment to the said bill disagreed to­ question of the day? Certainly, in the name of Hea>en, after twenty by the House of Representatives, and ask a conference with the House on t.he years nearly of peace, we ought to be a unit upon some one question, disagreeing votes of the two Houses thereon. and not be standing in the shauows of the past and fighting our battles By unanimous consent, it was over again, but doing something for the advancing and fast approach­ Orde~·ed, That the conferees on the part of the Senate be appointed hy the pre­ siding officer. ing future. lready by reason of circumstances-the blame of which I lay at no man's door-many parts of the countl-y have been utterly The PRESIDING OFFICER (Ur. SHERM.AN) appointed Mr. AL­ destitute of the faeilities of edueation, and in the region from which I LISON, Mr. HALE, and Mr. BECK the conferees on the part of the Sen­ eome we have not been able to educate our children to grow up as they ate. ought to do. It is time we were meeting together on some proposition, AID TO CO:Hl\ION SCHOOLS. because now when June and July come on and the different schools The Senate, as in Committee of the Whole, resumed the considera­ hold their commencements the country will be flooded with essays tion of the bill (S. 398) to aid in the establishment and temporary sup­ praising an laduding education; it will be in the mouth of every school­ port of common schools, the penrling question being on the amendment hoy in the country who comes out from the academic halls of the propo~ed by Mr. HARRISON to the amendmentoffered by 1\Ir. PLUl\IB. schools of this country. That high-sounding sentiment is well re­ Mr. COKE. :M:r. President, I propo e to state briefly the reasons for­ sponded to in the provision I read from the constitution of Arkansas. the vote I shall cast against this bill. I am opposed to it both on prin­ Now, if we are really sincere, Jet us manifest our sincerity; and of all ciple and as a measure of policy. If it can be justi£ed at all, it can dungs to me it would be the best and proudest day since I have been only be under the "general-welfare" clause of the Constitution, and here to see this measure, substantially a.s it is, meet with the entire such a construction of that instrument as would justify auy measuTe not approval of the Senat.-e. embraced within its inhibitions. I can not yield my assent to a. con­ In conclusion, I implore both sides and all sides to come together and struction which would, in my judgment, overthrow the phun meaning vote for this bill and be a unit upon it, a .9 we have been talking about and intent of the Constitution, and substitute the discretion of Congress it and promising it tor years and years past. · as the sole limitation upon Congressional power, as this would. This. would be centralization in its most matured, enlarged, and perfected SENATE CONTINGENT FUND. form. Mr. COKE. Mr. President-- The admission tlmt Congress has the power to do all t4ings not pro­ n-Ir. SHERMAN. Will the Senator from Texas allow me to present hibited by the ConstitutiQn whic~h in the judgment of Congress the a conference report? It will take but a moment. Under the rules it "general welfare ' requires, which must be made by all who support is privileged, I believe. . this bill, is one I ca,n not make, however much I might desire for my The PRESIDING OFFICER (Mr. 1\IILLER, of California, in the chair). State the benefits of the bill. The grants of land by Congress to the The report will be received. several States for educational purposes have been adverted to in this. Mr. SHERMAN submitted the following report: debate as precedents sustaining the proposed exercise of power in this The committee of conference on the disa.,o-reeing votes of the two Houses on bill. The two cases are utterly unlike in every respect. Congress. Sena.te resolution No. 64, providing for the addition of 10,000 to the contingent posse ses plenary power under arti~le 4, section 3, of the Constitution, fund of the Senate, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows: over the public lands, and may make any disposition whatever of them. That the House recede from its amendment, and agree to an amendment as The public lancls are the property of the Government, which the Con­ follows: In line 4, after the word "for," insert the words "the payment of the stitution expressly authorizes Congress to dispose of as Congress may current;" and the Senate agree to the same. .JOHN SHERMAN, see fit. The grants to the States of portions of these lands were a JAl\iES S. WILSON, legitiinate exercise of constitutional power. 1\I. C. BUTLER, The 105,000,000sought to be appropriated by this bill will be taken Manage'Ts on the part of the Senate. by taxation from the pockets of the people, which Congress has not the SAM'L J. RANDALL, WM. S. HOLMAN, power at will and pleasure to dispose of as it has of the public lands. THOS.RYAN, Congress has been granted the power to levy and collect taxe for cer­ :bfanagers on Ute part of the House. tain defined and specific purposes, and I find nowhere in the Constitu­ Mr. SHERMAN. I move that the report of the conference com­ tion that this power may be exercised for the purposes expressed in this mittee be concurred in. It is a mere formal matter. bill. I agree fully with Senators who hold that universal suffrage and The report was concurred in. universal education should go together, but it must be remembered that the exclusive right to regulate suffrage t:xists in the States. The HOUSE JliLLS REFERRED. States are left by the Constitution to regulate and control both suffrage The following bills from the House of Representatives were severally and education. I am opposed to Congressional interference with these read :wice by their tit.Ies, and referred to the Committee on Irlilitru.-y prerogatives of the States. .Affairs: If the constitutional power exists in Congress to levy and collect taxes. A hill (H. R. 351) authorizing the muster-in and discharge of Henry from the people for the purpose of partially defraying the expense of pub­ Z. Blinn; lic schools in the States, it exists for the purpose of paying the entire A bill (H. R. 2487) for the relief of Bvt. Maj. Gen. William W. Aver­ costofthepublicschoolsofall the States whenever Congress shaH choose­ ell, United States Army; to exerci.."C it. I bold it to be an undeniable proposition that if Con­ A bill (H. R. 1615) for the relief of the heirs of the late Langley B. gress has the constitutional power to appropriate money for the public­ Culley; and schools it also bas the power to regulate its disbursement, to &'ly who A bill (H. R. 3932) directing the Adjutant-General of the United shall receive its benefits, and to appoint its own agents to distribute and States Army to place the name of James M. Thomas on the muster-rolls administer it, and to prescribe in general and in detail bow and where, of Company C, Second Regiment Tennessee Mounted Infantry, and for and when, and to whom,· and through whom, and upon what require­ other purposes. ments and conditions it shall go. In other words, if it be admitted that 2208 CONGRESSIONAL RECORD-SENATE. MARCH 24,

Congress has the power to levy and collect taxes in order to raise revenue ceded that the power over this subject resides in the National Govern­ to be expended in the several States in maintaining public schools, I ment, I regard it certain that this would add another element to the hold that the power of Congress to take charge of the subject of educa­ various others growing out of the race question to be agitated in the tion in the States and control the children and the schools through political arena and foment discord and b

After this state of things has endured for nearly twenty years, at last those who most need it and who are to be educated. It seems to me a portion of the people of the North through their representatives in that is the proper way of dividing it, and no other. You can not divide Congress awoke to their duty. One honorable Senator in this body at it aecording to taxation, and if you distribute according to population least bethought him of the p~, and he brings in this bill to dis­ you defeat the whole object of the bill. tribute '15,000,000 the :first year, $14,000,000 the second year, and so Others say again that the bill gives too much money. Several Sen­ on decreasing 1,000,000 annually for ten years, among the States of ators have said that. It comes with a bad gra they were so interested about the improvement, moral and intellectual, ~lves on the plains of the West, he is unable to percei'e that there is_ of the colored race in the South. While they would send emissaries no similarity whatever between that measnre and the one tbat is now among them and band them together for political partisan purposes, and proposed before the Senate. In the bill that propo ed an appropriation~ pat them on the back and urge them forward in the name of freedom in regard to the diseases of cattle there was not a proposition to turn and advancement, &c., to the polls, I have always believed that when over a cent to the treaSuries of the States where the money was to be it came to doing something really for the benefit of that people there expended. On the contrary, it was provided that the entire amount would be flinching, and I am not disappointed at finding it. When the was to be used by the Commissioner of Agriculture, an officer uf the Senator from Ohio got up and put his refusal to vote for the bill on the National Government, to be distributed in the different States wherever­ ground that be could not trust the people of the Sonth to administer the disease might e.x:jst; and because any Senator who supported that this money, I was prepared for his oppo i tion to be put upon some ground; bill thinks there are some objections to supporting a measure like this because I have no doubt that be prefers the ignorant negro as a pro-· which provides simply for the turning over of this money to the hands. ducer of bloody-shirt and a fruitful ource of investigation to the intel­ of the authorities of the States that for twenty years have made so few ligent negro as an intelligent voter at the ballot-box. He answers his appropriation have cared so little about the education, not alone of the. purpose, no doubt, better now then he would then. blacks who were enfranchised and who have been released into the In reply to the charge-to the assumption rather, for it scarcely great body of citizenship as be tells us, hut also of the white , so that· amounts to a charge-that the people of the South can not be intrusted twenty years after the clo e of the war one in three of the white people, to dispose of the money properly, I appeal to the laws of all the Southern is not able to read and write, he deems that there is inconsistency which States in relation to education in common schools. In the State of North deserves attention! Carolina, as I have explained, there are more than half a million dollars The people of North Carolina are not ignorant because they are poori raised annually by taxation, to which is added other funds amounting they are poor because they are ignorant. Tw.o centuries ago, the found­ annually to about 700,000 for distribution, and 95 per cent. of that ers of that alleged civilization saw fit to adopt as the basis of their taxation comes from the pockets of the white people and the men who social and political structure a system of ignorant and servile labor, vote in the party opposed to the party in which the black people are. and to the snccess of that experiment they devoted a great area of ter­ The report of the superintendent of public schools which I hold in my ritory that had a soil of great fertility, that po sed a salubrious, hand show that in full proportion to numbers the blacks have reaped climate, that had. eacoasts and harbors that invited commerce, naviga­ the benefits of that taxation of their political opponents; and as our ble rivers and water-powers and forests which suggested manufaeture, laws, in conformity with the Constitution of the United States, forbid greatpo ibilitie ofwealth in agriculture, all theelementsofpro perity­ any discrimination, there is no more likelihood that any of this money and power. They belonged politically to that organization which for­ will be improperly appropriated and that the whites will get the bene­ generations controlled the resources and directed the policy of the Gen.. . fit of it instead of the blacks than there is that any such political dis­ eral Government, and after nearly a century of national life that Com­ honesty will be committed in any other State or community in the Union. monwealth finds itself with its industries prostrate, with its resources. So far from there being aprejudicein NorthCarolinaagainsttbe edu­ undeveloped, with its slaves free, with 32 per cent. of its white popu­ cation of the blaek people, as the Senator from Arkansas [Mr. GAR­ lation unable to read and write, and is not, as be says, extending its LAND] disclaimed as to his State, there is a poBitivedesirefor it. The bands for alms but is willing to accept as a gratuity,(a benefaction or­ intelligent ta,x-payers of North Carolina desire that if these men are to bounty from the Treasury of that Government which with its associates_ have the rights of suffrage and of citizenship they shall be sufficiently it endeavored to destroy; and we who favor a system that shall be just, intelligent to exercise tho e rights properly and safely to the commu­ that shall be generous, that shall deal with this question upon broad nity. They desire that their workmen shall have sufficient tools. There national grounds, are taunted here and told that the people of North is a prejudice there, I confess, againsttbeeducationoftbe two races to­ Carolina are capable ofattendingtotheirown affairs, and that if the peo­ gether in the same school-houses and upon the same benches. The law ple of the North will take their hands off from that prostrate Common-_ provides that that shall not be done. There is nota prejudice but a dis­ wealth they will be amply able to take care of them elves. The people. like there to being taxed o heavily in the midst of their poverty, when of the North have long since tc'lken their hands and their feet from that carcely able to educate their own children, for the education of the prostrate Commonwealth, and when the Senator from North Carolina children of those who have been thrust in among them in the manner endeavors to convey the impression that the North, or any portion of­ which I have described. It is grievous to the people of North Carolina the North, or any State of the North, is interfering with the affairs of­ to pay so heavy a tax for that purpose; but still they do it, and they North Carolina, tyrannizing over North Carolina, ha its foot or its band impo e it upon themselves. It is not the machinery of party that forces upon the neck of North Carolina, he makes a statement that the facts. it upon them. The Legislature of that State has been Democratic and do not warrant and that history will not justify. under the control of white men for years and years, and every year the It has been too often said in this Chamber that this is a kind of· taxes impo ed for public education have become higher and higher. reparation that the North is called upon to make for the great sin of· So, as the bill violates none of the laws of North Carolina, as it pro­ enfranchising the slaves; that because the blacks were made citizens, po es to interfere with no part of the system of education of North Caro­ therefore we of the North are bound to educate them and tit them for­ lina, but simply to aid it, and as it is to endure for an experimental citizen hip. There are some interesting statistics in connection with time and not for all time, I feel that it is my duty to vote for the bill; this business to which I propo e for a few moments to call the attention and I shall do so. , of the Senate. · Mr. INGALLS. Mr. President, I congratulate the Senator from . 1\Ir. VANCE. Will the Senator allow me just a moment? North Carolina [:Mr. VANCE] ~pon the very politic and sagacious speech Mr. INGALLS. With the greatest pleasure. that he has made, upon the very adroit and dE:xterous appeal that he ~ir. VANCE. I will ask him as a candid man if the circumstances. has addressed to Northern entiment in behalf of this measure. He as­ under which the slaves were liberated in the South, and under which sures us at the outset that North Carolina is not in the attitude of a citizenshipwasconierred upon them, do not make it his duty to do orne-_ suppliant; that North Carolina does not desire the benefaetions of the thing to educate them and fit them for that citizen hip. National Government; that she is competent to administer her own af­ ~1r. INGALLS. I do; but no more than it does the people of the. fairs, and that she takes care of the interests of education within her States where they exist, who have had their services fortwo centuries, own doma.ins; but he advises us that as a gratuity, as a benefaction who made them ignorant, who made it a crime to teach them to read from the North in reparation of the wrongs that were done by theNorth the Bible. I think that there are some obligations resting on the com-~ in suppressing the rebellion, in freeing the slaves, and enforcing the munities where those slaves existed, where they were held in violation rights of the slaves after they were freed upon the people of North Carolina of every instinct of humanity. who were in rebellion, he is willing to accept for that State the amount Mr. VANCE. Will the Senator allow me to say to him that if he. to which it would be entitled under the bill, and that therefore be ac­ would go a little further back there might be some obligation resting quiesces in the measure that is now before the Senate. upon those who brought them to this country and introduced f.:.hem as It is a gratifying commentary upon the Senator's speech that it is slave ? shown by the census tc1.bles that the percentage of illiteracy, not among :M:r. INGALLS. Yes, sir. the blacks of North Carolina but among the whites of North Carolina, Mr. V A."NCE. And sold them to us and guaranteed the title and reaches the aggregate of nearly 32 per cent. of the entire white popu­ then set them free, and thanked God tbat they were not as other men. lation. Nearly one in three of the white people of that State, that is Mr. IN GALLS. We have beard all this before. I believe hi tory willing to accept from an aggressive and tyrannical North its proportion records that the earliest importation of Africans was in 1607, upon the. of 105,000,000 for purpo es of education in the eleven States of the penin ula of Virginia; and while it may be true that centuries ago tho e. South where the rebellion occurred, can neither read nor write tbe bal­ who lived in the North were to a certain extent responsible for thi evil, lot that is deposited in the ballot-box on election day. The whites of yet to bring that in at this age of the world's history, to decla,re after North Carolina need this money more than the blacks do. I can say the great revolution that has occurred that because those people, 4, 000, -. to that Senator that the enfranchised slaves of North Carolina make a 000 of them, who were held in the States of the outh and who were. much more commendable showing, so far as education is concerned, enfranchised as the result of the war, in which the people of the outh than do the whites of that one of the old thirteen original colonies. declared that they acquiesced-that in consequence of that the whole. ·When the Senator draws attention to the fact that in the discussion of burden of removing the great evil of illiteracy rest upon the North i~ ­ this bill some objection was made from some quarter, from those who an absurdity which.I did not suppose even the Senator from North Car.,._ had supported an appropriation as he so gracefully says for the sick olina would advocate. { ) \ \ CONGRESSIO At RECORD- SENATE. 2211 . d to print the bill fproOO:stati:on aboutthe th~:~t~~I~~ gFn;[b~~oreT~= ~e~~:i:r~~lli ::~~·t~ amend- - greatwrongd.QU.etotheSouthbythefreeing<>fthe-sla.~and the destruc­ tion of !?A~~ property? Were the slaves de:pocred'? Is a 'mall '\Wrth ment. • 8 r 6 fter the word ((provided, )I I any less h~n he is free than when he is oW'Red. by somebod.f else? The CHIEF CLERK. In section '· mde ~;the section and to insert: ; it is proposed to strike out the remam er . . J3ecanse the ownership of a man is transferr-ed from .a:notller human . q u del: tJl:is,ad. .Yblil b !H}IJ.,\~1 bcin himself, is the commmlity robbed 'by dle amount'<>fhis value That no greater pat\ 'Of the money appropnaw .. P · exp~ ~t ~iUs in t~ market as a chattel? I ·BaY all this ta-1~ about the ~OS5es of the out to nny State or '.f'e'r'i;fury tn nny one yeo.t ~han ttl.e ~olllmonschool• --· own revenues in the ~it~in~ yearfo~th~m~ tt'h~~tb~"~~- · , .. ..-u SO\lth, about the great povel'ty inflicted ll.p6 the Sou:th by'the enfran­ including the sums ~en'ded m the el'ecti ~c __- · •• gs. c · ement of the slave, is w.itllon t foundatifn. The So-atais better off ~th the slaves free than She wru; when tthey were enchained. Her pro- :Mr. INGALLS. l>o t Md~l\ ~~ ·at the Senator from New Hamp­ uctions are greater her :possibilities of fu.ture development are infi­ shire accepts that ~ th'e &>ti'on or the committee upon the bill? lllitely greater; and there lis ~~tot an intelltgent.and tho:q~tful and~­ Mr. BLAIR. No. I can state the exact condition of the case. The ·did manuponthatside oft'tte Chamber -.tho will not ad1111t, when. he lS Senator from Kansas [l\lr. PLUMB] moved to amend the eighth section privately interro~, ·t'hat slavery :was a great burd&l economiCally by striking out the words which compelled the raising of at least one­ upon the people· a.nd ii :ba,ve never:hea.rd one man sa he desired that third as much by the State as it hall receive from the General Govern­ the institution of slawecy should be:DeStored. ment during the first :five years and substituting for those words the What, then, is lthe .meaning of the assertion that ~use the slaves words "an amount equal to;" so that the tate would be obliged to were enfranchised t'he South was impoverished.? The South was en­ raiseasmuchassbereceived undertheapportionmentofthe 15,000,00() riched by the eu.Uancl.llsement,of tlt.e slaves. T.he slaves were a great upon the basis of illiteracy throughout the country. To that amend­ burden upon the ire80'lll'Ces of the uth. Yet -whenever this question ment the Senator from Indiana moved another, striking out the words comes up them:;g:.nment by which we are assailed is that in consequence pTeceding tho e that I have mentioned, ~ommencing at the word ' ' pro­ of this act of na.ti~nal beneficence, an act of kindness and of advantage vided," in line 6, striking out the rest of the section and sub tituting to the South, we .are to be called upon to educate the men who were for all that is in the section in reference to what hall be paid, to wit, kept for centuries .in .ignorance and. at last made .:free as the result of the one-third the first five years and then an equal amount the econd :five punishment of.a great national crime. years, a provision that the State shall receive from the General Govern­ I said when ltfu.e Senator from North Carolma ro e to interrupt me ment as much as it raises and expends for the running expen of that there are $Ille interesting statistics bearing upon this subject to schools, not including what it pays out for chool-houses; and this which I woul ask the attenti

ed the apportionment into their own to this des,pised and degraded class of enfranchised slaves but belong­ treasuries. That, coming not from perhaps too great familiarity with ing to the llllling class, to the predominant race, is 111,767, or 24.7 per the other ections of the bill, is the reason of the difficulty and mimn­ cent., as COOJ.trnsted with the general ayerage of 2 and 3 among the com­ derstanding. But this- amendment of the enator from Indiana is ::t. munities .of the North, blaek, white, and foreign together. Next comes radical amendmenttouchingthedistribution, and providing, irrespective Arkansas. The Senator from that State has assured us that they have of what is to be found in any other part of the bill, that the State shall also been e been complained of, the percentage is 22; in Louisiana, 18.4; in believe that the ection as it tands would be inoperative would be :Mississippi, 16.3; in North Carolina, 31.5; in South Carolina, 21.9; in unable to give any support to the measure at all. · Tenne ee, 27.3; in Texa , 15.3; in Vu·ginia, 18.2. Mr. BLAIR: The amendments are all pending and when they come In the face of the repetition of these figures, in the face of the fact to be read I think there will be no difficulty in understanding the that on an average from one in three to one in five of the white peo­ section, and it will become a decision of the Senate upon different :ideas, ple in the communities where this money is t<> be mo t largely ex­ and, of course, every Senator will vote as he thinks he ought to >ote. pended, who do the voting and transact the business and assume to Mr. HARRISON. The Senator from Kan as will allow me. As I themselves the exercise of the entire political power, can neither read understand the Senator from New Hampshire, who is in charge of the nor write, we are told that this is a question devolving duties upon the bill, he propo es so to amend section 8 as to make it clear that the dis­ people of theNorth in consequence of the enfranchisement of the slaves, tribution of money referred t.o in this section is not a distribution by of the pr ence of the colored population, which should be instructed. the General Government to the States, but the disbursement of the The fad of it is, as I have before intimated, this is a radical difficulty money by the States after it has gone into the State treasury. existing from the foundation of Southern society. It arises from the kir. INGALLS. That is, he intends to provide for that disbursement fads of their original constitution, and we are called upon to address by State officers. ourselves to the solution of this problem as one that exists among the Mr. HARRISON. Exactly. Caucasians and not among the Ethiopians. 1\Ir. INGALLS. Under what power of the Government, unless State The pending question, I believe, is upon the amendment that is pro­ rights are entirely swept away, does he propose to exercise that au­ po ed by the Senator from Indiana [Mr. HARRISON]. thority? ThePRESIDINGOFFICER (l\Ir.MILLER,ofCalifornia,inthechair). l'tir. HARRISON. I do not know; and that"is exactly the trouble. The pending question is on the amendment of the Senator from Indiana If it is intended that certain action in the way of local taxation and (Mr. HARRISON]. the appropriation and expenditure of money for public schools by tho . I ( I 2212 CONGRESSIONAL RECORD-SENATE. MAROH 24,

States shall be a condition of their enjoying this appropriation out of the South could provide sufficiently for its own education, ami I said the national Treasury, then we ought to guarantee that by retaining that I did not ask this bill to be passed into a law for the benefit of the money in the national Treasury. I do not know what the effect of those white people; I asked it for the benefit of the colored people whom this bill will be if the money wa qnce turned over to the States and the white tax-payers were not able to·properly educate, and notwith­ went into the State treasuries; and therefore I suggest tO the Senator standing that the bill is irrespective of race, we all know that the col­ from New Hampshire who has the bill in charge that he do not in­ ored man is the meritorious cause of action in this bill and that it i sist upon this provision, but allow the section to be so amended that if intended chiefly for his benefit. the States do not comply with these conditions which he endeavors to Now, sir, the people of my country are twitted with. gross ignorance put upon them the money shall remain in the national Treasury, and and poverty, and the Senator was good enough to say that they were not attempt to follow it after we have dispossessed ourselves of any n9t ignorant because they were poor but they were poor because they control oV'er it, and put limitations upon the use of it, because we go were ignorant. I want to say to that Senator that this bill is not a on putting into t.he State treasury, or it is there, and we have lost con­ bounty from him, that this bill is not a bounty and a gift on the part trol of it. And if the State does not make its own appropriation for of the North; that, as I understand it, it is to come out of the revenues school purposes, what good does it do us that we keep the money in the of the whole country, into whichrevenues thepoorStateofNorthCar­ State treasury and prevent its use for any purpose? olina pays twelve time<; as much money as the rich State of Kansas that Ur. BLAIR. Mr. President, I will state the provisioll& of the bill has already been provided for in the way of education by a gift of pub­ again in this regard. In an earlier section we begin with the money lic lands. I hold in my hand the report of the Commissioner of In­ in the national Treasury, 15,000,000, and with a law which requires ternal Revenue, in which I find that the total amount of revenue paid its apportionment among the seveml States in proportion to the illit­ to the Go\ernment under the internal-revenue laws by the State of Kan­ eracy existing in those States. That apportionment or allotment being sas is $239,762, -while the total amount paid by the State ofNorthCar­ made, the money being still in the national Treasury, it can never be olina into the fund of the Government is .2,372,226. used by the State until the money is in the possession of the State. Mr. PLUMB. Will the Senator allow me to ask him how much of Thereupon it is provided that on or before the 1st day of September that is paid on distilled spirits? the money for the first year shall be paid over to the State practically at Mr. V .ANCE. .About one-half of it was paid on distilled pirits the commencement of the school year. It is then provided that at the which I understand were drunk roo tly in prohibition Kansas. [Laugh­ expiration of that year, on or before the last day of June, the close of our ter.] fiscal year following, the State shall render an areount or a report of 1\fr. PLUMB. I am pretty &ure that the prohibition people of Kan­ what she has done with this money, this first year's installment; and sas, then, are greatly obliged to the people of North Carol ina for paying here is a condition imposed in this section, that during that year when taxes on the distilled spirits they drink. [Laughter. J she has spent this first installment she shall also expend of her own Mr. V .ANCE. Certainly. money one-third as much as she receives from the General Government. l\Ir. PLUMB. That I understand is the statement of the Senator? These two expenditures become one expenditure, a portion of that ex­ Mr. V .ANCE. But now it is not possible, we have no statistics that penditure derived from the National Government and the remajnder would enable us to get at the amount of tariff taxation paid by each from the State government, all disbursed for one common purpose, the State, but as the popu)ation of North Carolina is greater than that of maintenance of the common schools of the State during that particular Kansas, I believe1 somewhat, is it not? first year. .A report to the National Government must be made, or there 1\Ir. PLUMB. Yes, greater. never will be any further allotment or payment to the State at all. Un­ 1\Ir. V .ANCE. The presumption is that the amount of goods con­ less that report at the end of the first year shows that the State has paid sumed in North Carolina is quite as great as it is in Kansas, and that, one-third as much as she has received from the national fund during therefore, we pay quite as much tariff taxation into the Treasury of the the first year, she gets no more. That is what this section provides, United States as does the State of Kansas, and we pay twelve time as and that is all that it provides. . much internal revenue. I think that is a sufficient answer to the sug­ During the second fi.veyears thecondition is that she must have paid gestion that this is a matter of charity to the poor white people of the as much as she ha..'l received during any one of the five years in order to South. We only ask you, Mr. President, of the North to pass a bill get the apportionment paid to her for her own purposes for handling aiding us in taking care of that element in our midst w rnch you placed the next year. There is no other theory on which the bill' can be there with the right of citizenship in its hands and which is not fit for worked at all so far as I can understand or judge. The honorable Sen­ it. That is all we ask. I would never think of coming here to ask ator from Massachusetts wants to amend this verbally in such a way as for aid to the State of North Carolina if the condition of things there to provide that in any given year there shall be no more paid to the was what it used to be before the war, or if even now the black ele­ State unless she shows. that in the year preceding she shall have paid ment in government was obliterated partially. ·we can easily educate out one-third as much as she has received from the General Govern­ our people ourselves or we can let them go without education. We are ment. That is what the bill already is. He thinks it will be clearer responsible for the education of the people if it is necessary to the pres­ to split the sentence in two, put in a period, and insert some additional ervation of our liberties and our free institutions. That is the position words. I am perfectly willing that shall be done if he sees it more I take about this bill, sir. clearly; but the committee went over the matter very carefully, and I believe that i all I have to say. we thought it was as explicit as it need be as we reported it to the Mr. INGALLS. 1\Ir. President, the Senator from North Carolina Senate. I care nothing about phraseology if I can get the substance, states that if it were not for the negro population having been made and as Senators seemed to be in a fog, I assented to the verbal amend­ free and thrust into their society as a disturbing and pauperizing ele­ ment of the Senator from Massachusetts. ment they could educate their own people in North Carolina or leave When we explained the matter the other day the Senator from In­ them without education as they preferred. I have only one ob erva­ diana said then he would modify his amendment, and he accordingly tjon to make, and that is this: I have before me the census tables of did so by substituting one or two other words, so that his amendment 1850. They are very inaccurate, and I am not able to ascertain fully is one that provides, if it is adopted, that there shall be no payment in the details of the civilization of North Carolina thirty years ago when any case from theNational Goveinment to the State beyond the e.mount there was no black citizenship, when the colored man was a slave, when the State herself expends, and he compares the yearprecedingwith the those colored men who were tbere were owned by the white , and when year existing, which will make it very difficult to start the first year. an average adult Ethiopian was worth at least a thousand dollars. It ·Mr. V.ANCE. Mr. President, I desired to get the floor while the appears that at that time, in those halcyon days, before the North had matter was warm in order to reply to a few remarks that fell from the imposed its aggressive policies upon the unfortunate South, there were Senator from Kansas. whom I do not now see in his seat. However, I a total ofwhitesin North Carolina, male and female, ofall ages, 553,028. will proceed anyhow. [Mr. INGALLS entered the Hall and took his The number ofadults in that population is not gi>en. This aggregate seat.] · · includes all those of school age, which I suppose would base been at The Senator went back to argue the whole question of slavery and least one-third of the entire population. It appears by table nine of delivered a tirade upon the efforls of the Southern States to keep the this census that at that time there were of adults in the State beyond black man in bondage, and so on and so on. That was familiar ground the school age who could neither read nor write 0,423 whites, which to him, and I have no doubt that it came to him with many associa­ was a larger percentage of illiterate population among the whites in 1850 tions and recollections that enabled him to bristle up and to speak with when the negroes were sla.-es than exists to-day when the negroe are fluency and with zeal I do notgo into that. I hadsaid nothing that free. could lead him to suppose that I was after repeating that matter. That Mr. RIDDLEBERGER. Mr. President, I wish we could get back was a matter of history, and it has gone by, and I have nothing to say to the real purpose of this bill. I understood when it was introduced about it. I argued simply that it was the duty of those who thrust here that its object was to make an appropriation which should be ap­ the colored people into these positions of responsibility that they were portioned among the States for the education of the children without unfitted for to do something out of the public Treasury J:>y their votes respect to color. It is of very little consequence to those children what to fit them for those duties. That was all I argued. His reply to that the illiteracy of the several States amounts to in percentage. It is of is that the white people of the South need it more than the colored. very little consequence whether North Carolina asks for this or whether I deny that, sir. As poor as the white people of the South are, if Kansas asks for it. We have come here, I understand, to pass this bill, they were not burden·ed with the care and education of this vast num­ if at all, in order to appropriate money to educate the children of the berof men who are not only ignorant but withoutpropertytobetaxed, States. I do not come as a beggar, as the Senator from North Carolina \ ) 1884. CONGRESSIONAL REOOJlD-SENATE. ·2213

says; neither do I come here to say that I am unwilling to receive it on in each township was granted of the public lands to the different States any terms. I care not what terms you may impose; there can not be of the West, including my own State, it was left absolutely, illimita­ any dishonorable term aecompanying a proposition of this sort. bly to the people of t he State of :Missouri and of the other States to Why, sir, I have grown up in a community where the women meet determine what educational system should be adopted and how the together and quilt and knit and sew, and the children go around and gran t or liberality of the General Government should be applied. Never beg garments (if you choose to call it begging, in the language of the before was any bill seriously attempted to be passed in the Congress of Senator-from North Carolina), gather together their pennies and half­ the United States in which the Federal Government undertook to pre- dimes and dimes to send off for the purpose of educating the little ne­ cribe w bat should be done in the different schools and made the States groes in Africa. That is not called begging, even though my child or responsible to the General Government for the distribution of the fund. / yours may go around asking for contributions. Th$t which the Sena­ Mr. P LUMB. Will the Senator allow me to interrupt him to call his tor from North Carolina calls be~oing for alms is deemed praiseworthy attention to the faet that the acts of admission of the several States in where the purpose of the collect,ion is to educate the heathen so that which were contained grants of land for school purposes made those they may understand the great doctrine of Chri t's divinity and the grants upon the distinct recognition of the right of the StaWI to tax salvation of souls. Everybody says that isall right. Ifit be all right lands, and made an agreement with the States in consideration of the to do these things, w by should we stand here and discuss politics on an grant of land that they would not tax the remainder of the pnblic do­ educational bill? Is it not time for us to vote? Do vou ask the illit­ main? erate child that comes around for a half-dime for a missionary society Mr. VEST. Certainly. The Senator from Arkansas said that he whether the politics of its father are Democratic or Republican? would not notice the quibble that there was adi:tference between money Sir, the question is, whether this Go•ernment is able to make this and l~nd when distributed and given by the- General Government., and appropriation; whether it is constitutional to make it; and whether it yet the Supreme Court of the United States has just delivered a decision is promotive of the general welfare to do it. Rir, if W<' had had no edu­ in the 5 per cent. cases in which they hold that when the General Gov­ cation we should have had no Constitnt:on, we should have had no ernment sold the land for money the 5 per cent. was due the States, republic, and no republican institutions. but when the General Government sold it for land-warrants then the I &'ly therefore (and it is the only speech [ have to make), that we 5 per cent. was not due the States. should eliminate politics from this matter and determine the question .Mr. RIDDLEBERGER. I should like to ask the Senator whether here and now whether this Government is able to assist in this matter in the distribution of what was called the land- crip fund a few years of general education. If it is able, then say whether it has the consti­ ago conditions were not annexed, and whether any State refU.sed tore­ tutional power and I believe that is generally conceded. Then I ask ceive that land-scrip fund because of the conditions annexed? Senators to eliminate politics from this discussion, and to vote for or l\Ir. VEST. No conditions e•er were annexed such as are found in ~aainst this appropriation as according to their judgment is right and this bill. No conditions (and I statei t emphatically and distinctly) "ere proper. _ ever annexed before to any grant by the General Government that cel ­ :Mr. VEST. l\Ir. President, crimination anw before the enate and ought not to determine its fate. eral Government reqrured an exact account every year or e•ery five I hall vote a~st this bill, but not for the reasons given by the Sen­ years ofhow the money was expended, and if it was not expended ac­ ator from Kansas. cording to the will of the GeReral Government then a forfeiture of the One of the darkest pages- one to which I do not ca.re to allude except grant should be made as to the State in default. Will the Senator find when the duty is imposed upon me as a former slaveholder, unfortu­ it? It is not upon the statute-book of the United States, and there is nately for myself-one of•the darkest pages in the hil tory of the Ameri­ no parallel for any such legislation. can people is that upon which was written that infamous bargain be­ Mr. President, the subject of education was given by the framers of tween the people of New England and the people of North and South the Constitution to the States. I take it that no Senator will rise on Carolina and Georgia by which the slave trade was continued untill 00 either side of the Chamber and state otherwise. It was given to the and up to 180 in consideration of the navigation laws being continued States and the question of what should be taught in the chool.s was to the New England States. Virginia-and it is the very irony of given to the tates. fate-Virginia protested, with tears and entreaties almo t, against that In this debate we have heard over and over again, and it is the great infn.mous compromi e, a it was termed at the time. :M:r. Mason de­ argument of the advocates of the bill, that illiterate suffrage must be nounced slavery and aid that Virginia begged New England and the removed, because it endangers the Government. The Constitution of Southern States not to force it upon her. Mr. Madison used the same the United States in the very beginning prescribed that in voting for language, and denounced the slave trade as an infernal -and infamous members of the House of Representatives in Congress the voters shall traffic; and yet through avarice and greed the people of New England have the same qualifications as the •oters for the mo t numerous branch determined to keep open the African slave trade in order to trade for mo­ of the State Legi lature. Who, then, is to prescribe the qualifications . lasses and rum and to carry on a traffic which prod need the largest profit of suffrage? Is it the General Government? It is the State, because to them. It was the people of New England and of North and South the qualifications for voters for the most numerous branch of the State CarolinaandofGeorgiawho forcedslaveryuponUaryland and upon Vir­ Legislature regulate the qnalific..

l\1r. BLAIR. Will it trouble the Senator if I interrupt him? it may receive an account from the States of this fund; it does n9t go :M:r. VEST. Oh, no. into the control of the States a u~olutely as the Constitution in its origi­ Mr. BLAIR. If the Senato1· would read with the same emphasis the nal conception meant; but the States must make a eport and account for last clause as he did the others, I think he would see that the whole this fund. matter is remitted to local law. Go on now to the last clau e, to which I call the attention of the Sen­ Mr. VEST. I will read it aga~. ate. Not satisfied with superintending and controlling and prescribing Mr. BLAIR. I ask another question. If. it may be· made absolute to the States how they shall educate their people, the last clause of the can it not be made conditional and then accepted or rejected as the State bill goes into the Territories. I think that local self-government under sees fit? Is not this a gift annually, and if the State chooses not to our form of government obtains in the Territories as well as in the take it the second year she is not obliged to take it.. . States. The Territories of the United States have their common-school Mr. VEST. Ah, that is begging the question. Here this money is system, ancl under the bounty of the Geneul Government apply the to be distributed to the respective States and certain things are to be money in their possession, their taxes and the proceeds of public lands, done with the money. What does this mean except that the schools to the education of their children, and under what sort of emergency in the respective States shall teach such and such branches: is it that this bill, not satisfied with raidingthe tates on this que tion, That the instruction in the common schools whet·ein these moneys shall be then goes into the Territories and provides: ~xpended shall inclt:de the art of reading, writing, and speaking the English SEc. 15. That the Secretary of the Interior shall be charged with the practical language, arithmetic, geography, history of the United States- administration of this act in the Territories and the District of Columbia, through There are certain requisites which must be complied with-' the Commissioner of Education, who shall report annually to Congress its prac­ and such other branches of useful knowledge as may be taught under localla ws. tical operation. But these branches must be taught, and if the State sees proper to In what Territory of the United States is there a negro population add anything else ex gratia. the State can do so, but here is the pre­ which demand this extraordinary remedy on the part of the Congre requi ite. In other words, the Federal Government say , ''We take hold of the United States? Why is it that the people of a Territory are of the schools of the respective States; you shall teach these branches found all at once incompetent to manage thi subject, and the Secretary which we prescribe, if you take the money at all.'' If that is not the of the Interior can go into the Territories, take the subject out of their meaning of it, then I am ab olutely at faUlt in regard to the construc­ hands, and practically, as the bill tells him control the "'hole of it? -tion of this sentence and the words themselves. I can.,not vote for any such measure unless I concede the proposition at .And shall include- once in toto that local self-government is to be, as was said hya Senator Not content with saying these branches shall be taught- here in another debate, absolutely sponged out from the Constitution and shall include, whenever practicable, instruction in the arts of industry, and and the polHical practice oflhe people ·of the United State . the instruction offemales in such branches of technical or industrial education Mr. RIDDLEBERGER. Mr. President, Yery early in this se ion I as are suited to their sex, which instruction shall be free to all, without distinc­ was admonished by the Senator from l\IL ouri that he did not want tion of race, colOl', nativity, or condition in life: Provided, That nothing herein shall deprive children of different races, &c. any coun el or advice from me, and I am not going to offer him any. That statesmanship by which you fix the pl'ice of a soldier' wages at Now suppose a State does not see proper to teach an industrial school, S13 a month and legislate o as to put a barrel of flour at S30 by way a a great. many of the States do not see proper to do it; uppose a State of keeping up the currency "'ill never be advised by me. Ju t as I does not see proper to educate women in these technical art , as great feel about that I feel about this whole question of State rights as it is many States do not see proper to do it; what right has the Federal Gov­ involved in this matter of public education. I can not fix the date, ernment to say by this bill, not one of the pro•isions of which would but if you will just eliminate what the enator said he read from this be under the control of the States, ''You shall teach certain things, and bill I could call back occasions when we had just the arne kind of if you do not, not one dollar of this national bounty shall go to your speeches delivered in my State relating to almo t the same question. people?'' Virginia refused to accept her share of the proceeds of the ales of the But again, the eighth section of the bill (I said the sixth and seventh public land distributed to the State many years ago.for educational were not amenable to this objection) declares: purpo es upon such mere ab tractions of State rights as I have heard That the design of this act not being to establish an independent system of schools, but rather to aid for the time being in the development and maintenance tall from the Ups of that Senator to-da.y. She lived to go through a four­ of the school system established by local government and which must e\·en tually years' war, to come out of it. and find that another State hacl been taken be wholly maintained by the States and Territories wherein they exist, it is hereby out of a portion of her territory, and the public buildings of the new provided that no part of the money appropriated under this act shall be paid out by any State or Territory which shall not, during the first five years of the opera­ State constru<:ted out of the proceeds wqich her State-rights statesmen tion of this act, annually expend for the maintenance of common schools an refu ed to accept for the education of her children. That i ~ a hi toril-al amount equal to the sum which shall be allotted to it under the provisions fact. hereof. Now, sir, it does seem to me that we have nothing to consider here :M:r. BLAIR. The words erased are in the bill, "at least one-third; ' except whether this Gm·ernment has the con titutional right to make the words in italics, ''an amount eqnal to,'' are not yet part of the bill. this appropriation. That is conceded by the Senator from Mi · ouri; it They are moved as an amendment; one-third instead of the whole amount. is conceded by every Senator on this floor, and if I were vdthin what Mr. VEST. Putting another condition on this grant, the ninth sec­ might be called the decorum of this body in repeating what the Senator tion provides- from New Hampshire said the other da.y, it does look to··me as if orne That a part of the money apportioned to each State or Territory, not exceed· folks want to beat this bill by indirection. If it is constitutional, why ing one-tenth thereof, may yearly be applied to the education of teachers for not make the appropriation? If it is con titntional to make the appro­ the common schools therein, which sum may be expended in maintaining insti­ tutes or temporary training schools, or in extending opportunities for normal or priation, there can be no constitutional inhibition upon the <.:onditions other instruction to competent and suitable persons, of any color, who are with­ that shan attach to the appropriation. out ~ecessary means to qualify themselves for teaching, and who shall agree in What I want is this money to educate our people if this Government writing to devote themselves exclu ively, for at least one year after leaving such training school , to teach in the common school for such compensation as may can constitutionally give it to us. We care not how it hall be di - be paid other teachers therein. bursed., so that the children of Virginia shall be the beneficiaries thereof, In other words, the system of normal-school education is forced upon white and black. If Senators are ready to meet that issue, then it eem the States, or at least. the permission is given (which is equally objec- to me we are ready to vote. State rights. Do not impose some conditions, do not impo e some , tionable) to the Sta~s to apply a part of this money to normal schools if they see proper. I say that tqe genius and spirit of our institutions books! Why, sir, books are imposed now. Books are imposed in the is that the States shall control the modus operandi of edueation in order State of Virginia; books are included in the chool curriculum in Mis­ to give educated suffrage to the country under the provisions of the souri, I suppose. The book agent comes along and he gets w bat is called the educational board to adopt his books, and when they adopt it the Constitution itself. Again: town trustees or the township trustees must all accept those books. I SEC. 11. That the moneys dist-ributed under the provisions of this act shall be used in the school districts of the several States and Territories in such way a~ have aetually known in the county where I live, and whl'Te there are to provide, as near as may be, for the equalization of school privileges to all the about 130 or 140 colored voters out of 3,500, that a school book was in children of the school age prescribed by the law of the State or Territory wherein m;e there that it was said advocated social equality, and yet I have not the expenditure shall be made, thereby giving to each child an opportunity for c.ommon-school and, so far as may be, of industrial education; and to this end heard of it hurting anybody in that community especially. I have ~xisting public schools, not sectarian in character, may be aided, and new ones thought the children were better for the education they received, and may be established, as may be deemed best in the several localities. the more education they would get the further they would be from that SEc. 12. That any State in which the number of persons 10 years of age and upward who <>au not read and write is not over 5 per cent. of the whole popu­ kind of notion. lation thereof shall have the right to receive its allotment and to apply the same I ay, ir, that I want the gentlemen who represent ·;,nat they call for the promotion of common-school and industrial education; or the education the South in this discussion to ay whether they are for or against an of tea.chers therein, in such way as the Legisl::l.tur~ of such State shall provide. appropriation by and from the Federal Government for tbe purposes of There again is the assumption on the part of the General Govern­ uni,·ersal education. That is the only question. I want them to an­ ment of the right to permit the States to do what they please with their swer that question. The question of State rights does not enter into educational fund; a manifest vi0lation, as I conceiYe, of the spirit of it. If we can get down to a vote on that proposition there would not the Constitution. be a dissentient anywhere on that side of the Chamber in my judg­ The Secretary of the Interior shall receive f1·om the go,·ernor of each State ment, and if yon can lug into it this question of State rights, this ab­ iUld Territory a report, &c. straction, this will-o'-the-wisp, this thing that is buried, and that when In other words, the Geneml Government is the fountain of this bounty; it existed was hardly within the scope of any man's vision-lug that J884. CONGRESSIONAL RECORD-HOUSE. 2215 in h~re, and you then just simply make a political question of a great The SPEAKER. Is it a report from the Committee on Appropri­ .practical measure for universal education. ations? I ask the Senator from fissouri whether he is willing to accept this? Ur. ELLIS. It has the approval of the Committee on Appropriations -If he is not willing to accept it for his State, I ask whether he is willing and of the Secretary of War. to allow me and my colleague to accept it for ours, and we will take TheSPEAKER. The resolution will be read, afterwhich there will the resulting consequence . We are not afraid that a school commis­ be opportunity to object. sioner appointed by the Federal Government will tear away the socittl The Clerk read as follows: fabric there or destroy the law of contracts or anything of that sort. Joint resolution appropriating $300,000 to prevent the overflow of the city of We want our people educated. We tax our people 51,400,000 a ,year New Orleans, La., and the country a-djacent thereto. for the purpo e of education. We have promised the people to double Whereas the waters of the Mississippi River have risen to the high-water mark of 1874 at New Orleans which is the highest known in the flood annals of the :the school-houses in that State in four years. Four hundred thousand great river, and are rising at all point betweep Saint Louis and New Orleans · lave: were turned loo e there as free men and we are trying to educate from two to three inche per day; and them. We are laying the foundations there of normal schools in which Whereas the appalling calamity of the overflow of a city of 300,000 souls i im­ minent, entailing as it inevitably must immense suffering, great lo of life and to educate teachers who in turn may educate theii· own race. If the of public and private property, and vast destruction and damage to the com­ Federal Government will come to our support with any amount of merce of the United States: Now, therefore, money, no matter what conditions may be coupled with it, I am ready B e it resolved by the Senate and HmtSe of Representatives, &c. , That the sum of $300,000, or so much thereof a may be nece ary, to be immediately available, to accept it, because I know that they can not, and it is idle to argue be and is hereby appropriated, out of any moneys in the Treasury not otherwise that they can, couple with it any conditioUB that would compromise appropriated, and placed under the control of the Secretary of War, to be used the honor of that State or its status in this Union. in his discretion to prevent the overflow;of the city of New Orleans and the coun­ My own purpose in speaking on this question at all is to eliminate try adjacent thereto. ~from it all these little ide-door arrangements. I do not uppose that The SPEAKER. Is there objection to its present consideration? I can change the convictions of any Senator on the main question, but Mr. DUNN. I should like to have some explanation, reserving the I do want it to go forth and to be distinctly understood who are for and right to object afterward. I want to know by what sort of legerde­ who are against thi appropriation, and then let the -reasons be gh-en. main the Committee on Appropriations have leaped from the Ohio The Senator from Florida [ lr. Jo:sES], who is scarcely econd to any River to the city of New Orleans, leaving out and disregarding the ap­ ·constitutional lawyer in this cotmtry, has said that this bill is consti­ pea,ls which ha-ve beenmade by200,000people inArkansa and Missis­ tutional-con titutional in this, that it makes the appropriation. That sippi? it. is constitutional in that I in-rite challenge, knowing how thoroughly The SPEAKER. The gentleman from Arkansas desires to reserve he is versed in all that appertain to the constitutional a-spect of this the right to object until explanation is made. Is there objection? ca e, whether there can po ibly be anything unconstitutional in saying Mr. ELLIS. Excepting to the word " legerdemain," so glibly used how the money shall be paid out. Then it comes down to this: that by the gentleman from Arkansas, I say to him and to this Horue-­ the Senator from l\1issouri does not want thi money given for public JI,Ir. D NN. I will sub titute the word ''athletic. ' ·education in his State unle it hall go through a certain channel We Mr. ELLIS. That is equally objectionable and exceptionable. want it, and we care not whom you may designate to give it to us. You Now, l\Ir. Speaker, Ihavethistostate: That relief of nfferersbythese 1ray do like Peabody, for in tance, that g1·eat ' benetactor of education, floods was espeeially committed to the discretion and direction of the and designate a Ua achusetts trustee to take charge of the graded Secretary of War. I conferred with the gentleman from Arkansas hiin­ . chools of Vii·ginia, and we will accept it. We will realize the benefit self upon a resolution introduced for the relief of certain people, and he of it as we have realized the benefits of the Peabody fund through our and I agreed, right where he is sitting now, to the cope and tenor of the graded chools ofVi1·ginia up to thi time. It is for the benefitofedn­ resolution reported from the Committee on Appropriation , which be­ eation; and it is simply a question as to whether we wantthi money, came the law in this case. and whether it is cou t.itutional to ha-re it, and whether the Senate is. Mr. DUNN. Let me correetthe gentleman. I introduced a resolu­ willing to give it to us. Let tho e who do not want it say so in terms; tion which expressed my views. It was to go to the Secretary. I ad­ but do not try to belittle the ubject; do not say that it is in violation vised that when I talked with the gentleman-that i , to give the Sec­ ·of some abstract con titutional principle that was long ago played out, retary an appropriation in hand to be used in his di cretion for the re­ particularly in Virginia, that State which, I repeat, refused to accept lief of the sufferers by the overflow of the Mississippi River and its her proportion o£ the proceeds of the public lands and left the children tributaries. That was the advice I gave. without the benefit of them, and they were ubsequently utilized to Mr. ELLIS. My imp1·ession remains the same, that the gentleman build the public buildings of a State that was erected out of her terri­ and I agreed to the scope and tenor of the resolution I presented and tory to . end State-rights Senator to this body! which became the law in this case. Rut I aecept his correction. I ask, sir, that we may ha\e a vote on the direet propo ition, and that M1·. Speaker, this is not for the relief of sufferers, but is to pre\ent every Senator will vote upon it whether he is f<>r or against this propo­ what must be the appalling calamity of this age. The water of the sition and whether he believes it is con titutional to make the appro­ ri,er, by the reports to-day, is up to the top of the levees. priation, no matter through what medium it may come to us. Mr. DuNN rose. Ur. BUTLER. I uggest that it is rather late and I move that the Mr. ELLIS. I beg the gentleman to sit down and listen to J!IY state­ enate proceed to the consideration of exeeutive business. ment, and then I will yield to him. The PRESIDING OFFICER (MT. SHERI\.LL~ in the chair). The Sen­ Ur. DUNN. I ·wish to make an explanation. I wish to say to the ator from South Carolina moves that the Senate proceed to the consid­ gentleman from Louisiana right here that he does not go before me in eration of executive busine~ . sympathy with, or in readiness to gi\e relief to, this people. The motion was agreed to; and the Senate proceeded to the consider­ Mr. ELLIS. I thank the gentleman. Nor does he go before me in ation of executive bu iness. After one hour and thirteen minutes spent sympathy with the people of his own State and district who are or may in executive ession the doors were reopened and (at 6 o'clock and 8 be sufferers. It is the history and it is the experience wherever the minutes p.m.) the enate adjourned. flood-waters go O\er a levee that levee is doomed and destroyed. As long as the waters remain at the top of the levee or on the river side of the le\ee there is no danger. As soon as it goes over it commences to wash a trench or channel in the river and away goes the le,ee: HOUSE OF REPRESENTATIVES. To-day the city of New Orleans for a distance of eleven miles is liv­ ing under awallofwatersixteenfeetabo\ethelevelofit streets; noth­ :MoNDAY, Jt[a?·ch 24, 188-!. ing in the world between them and that river sixteen feet above them but a dirt wall-nothing else; and this is the condition for eleven miles The House metat 12 o'clockm. Prayer by the Chaplain, Rev. JOHN above the homes and bu iness of 300,000 people. ' S. LINDSAY. D. D. The Journal of the proceedings of Saturday last was read and appro-ved. Mr. Speaker, that city, as every one knows who is acquainted with its topography, is built on a dead le\el-as level as the area in front of UNLAWFUL FESCI~G OF PUBLIC LANDS IY NEBRASKA, ETC. your desk, sir. There is no back country to which the people can flee. The SPEAKER, by unanimous consent laid before the House a let­ North of them is Lake Pontchartrain and impenetrable swamp for more ter fTom the Seeretary of the, Interior, transmitting a communication than thirty-fi\e miles; south is WI impenetrable sea marsh; east of from the Commissioner of the General Land Office in relation to the un­ them and west of them is the same condition; and there is no hill, no lawful fencing of public lands in the State of Nebra ka and elsewhere; back conRtry, no friendly hand which can assist them or to which they which was referred to the Committee on the Public Lands, and ordered can flee in case tho e le,ee break. They are there face to face with to be printed. their fate. LEAVE OF All EXCE. The calamity, sii·, which may ensue can not be depicted. by human Mr. PETERS, by unanimous consent, obtained leave of absence for tongue. It would be the cal::tmityofthjsageifit hould occur. Now, sir, the Legislature is not in ession. The city is doing everything it to-day on account of important busine ~ . possibly can, and yet fate seem to be upon them. THREATENED OVERFLOW AT NEW ORLEAN . Therefore, upon the approval of the Seeretary of War, upon the best Mr. ELLIS. I ask unanimous consent to present and have lin medi­ information we have, I presented this matter to the Committee on Ap­ ately considered a joint resolution. propriations this morning and they coneluded it was wise this appro- 2216 CONGRESSIONAL RECORD-HOUSE. MARcH 24,

priation should be placed under the direction of the Secretary of War, Mr. KEIFER. I want to state to the gentleman that this matter or so much thereof as maybe necessary to be used. It is to he entirely has been already considered by the Committee on Appropriations this within his discretion and for the prevention of this calamity. morning. As I say, Mr. Speaker, human tongue can not depict what the con­ Mr. ELLIS. It has been already considered and recommended by dition would be if these levees should go under. Once the ri>er washes the committee. over them they are gone and the river is pr.ecipitated upon them, and Mr. REED. How did it get there? will he precipitated with an impetus which will overturn houses, wash Mr. ELLIS. And I appeal to him to remember the magnanimity of out homes and streets, and involve the city in ab olute ruin. BoPton in 1868, when she gave $300,000 in a Rimilar emergency. I There is in that city public property of the nited State as well as ap1'cal to his humanity, and also on the ~core of economy; because if private property of citizen· . There is the landing-place for all the there is delay in thi matter the House will not be found considering great commerce of the West. This is in the nature of prevention, and the ounce of prewntion but many pound of cure. if this calamity should occur there is no calculating the unutterable Mr. SKlliNER, of Tcw York. Let the resolution be read. damage that must follow. The SPEAKER. The Chair will state that unless the objection is Mr. DUNN. Will thegentleman permitmetomakeastatementthere? withdrawn this debate i out of order. Mr. ELLIS. With pleasure. Mr. lUCE. I see no rc n ~on why this matter should not go tlu·ough Mr. DUNN. .All that the gentleman bas so well stated with refer­ the Committee on Appropn ations. If the committee see that as ist­ ence to the appalling magnitude of. the inpending calamity I fully in­ ance is needed they can rE>purt a bill to the House under their prinlege dorse. The danger that now tlueatens can be measured by no man of reporting at any time; aml I would be the last one to object to such upon this floor. But let me call the gentleman's attention and that of a measure coming through the regalar and legitimate channels. And the House to the fact that the full extent of that impending 1.:a.lamity unless I am assured by some member of the Committee on Appropria­ has not been stated. The l\Iissi ippi River to-day in my district is tions that this resolution has been considered by that committee and a ninety miles wide and has been for more than thirty days. There is majority of them are in fuvor of its passage, I shall insist upon my ob­ an unprecedentedly large rise coming down from the Missouri River, jection. supplemented by another great rise out of the Ohio Riv~r, which will Mr. RANDALL. In answer to the gentleman from Massachusett , come down upon the top of the preceding overflow. Instead of con­ it is proper for me to say that the subject has been informally consid­ tinuing for thirty or forty days this flood will continue for seventy or ered by the. Committee on Appropriations; but they felt they had not ninety days. Seventy thousand people to-day in my district have their the right under the rules to originate the matter in the House. They homes flooded and are dri >en out of them, and can only reach them by therefore suggested to the gentleman from Louisiana [Mr. ELLIS] that dug-outs, boats! or rafts. Two-thirds of that population are laboring be should originate it. It can be ~fely said, however, there is no dis­ negroes, who have no subsistence, no credit or hope of sustenance after sent in the committee as to the propriety of this action. their present supply is gone, except the prospect of making a crop, Mr. ELLIS. The committee were unanimous. which will li.e wept away by the continuation of this great flood which 1\fr. HUNT. I hope the gentleman from.l\Ia saehusetts, in >iew of is inevitable from the added rise now coming. the statement of the gentleman from Pennsylvania will withdraw his Mr. Speaker, I have lived for thirty years within the influence of those objection. waters. I know what is their maoonitude and what the duration of the l\Ir. RICE. I withdraw the objection. floods will be wlien they reach the height which they have already at­ There being no further objection, the joint resolution (H. Re . 212} tained, and what is to come, from the reports and dispatches of the last was read a first and second time by its title. few days. Why, then, does not the Committee on Appropriations direct l\Ir. l\IONEY. I ask that the resolution be again reported. what I asked them two weeks ago to do, to give the Secretary of War The joint resolution was again read. means to be used, in his discretion, when the conditions found by hi$ The SPEAKER. The question is on orderyng the joint resolution officers of inspection and examination make it a necessity? These to be engrossed and read a third time.· . people are not apt to come here and ask for help. They never did. I Ir. WARNER, of Ohio. I understand the resolution limits the ap­ have lived in the thirty years of my acquaintance with them through propriation to New Orleans and to preventing the overflow of the river. twenty overflows of that great river, and in the history of all this great l\Ir. ELLIS. That is correct. nation but one single time have they come to ask aid from Congress, Mr. WARNER, of Ohio. It appears to me that that is narrowing it and that was after the great drought of 1881, which placed them at the down more than it ought to be. - mercy of their more fortunate countrymen who could grant assistance; l\Ir. BEACH. I simply desire to say that I am opposed to the pas­ for their food supply was absolutely gone. The flood of 1882 found them sage ofthisresolution. In view of the recentactionofthisHouseupon wiiihout subsistence. That condition of things does not exist to-day. a similar resolution, I do not think it worth while to take up time in But if this superadded flood-water from the Ohio and Missouri Rivers stating the . reasons of my opposit,ion. I wish to give notice that upon precipitates the condition that I foresee, it will precipitate a condition the passage of this resolution I shall call fbrthe yeas and nays. I think of disaster and distress that has been absolutely unparalleled in the his­ it only proper that upon the passage of all bills and resolutions appropri­ tory of this country. ating money out of the Treasury in so large an amount as this the y eas I am not objecting, and I am the last man on the floor of this House and nays should be taken. to stand in the way of putting every possible safeguard around the great :hfr. YORK. I regret very much to oppose this resolution. But it city of New Orleans. The gentleman has not picturM. the impending seems to me if we follow on in this line of precedent that the end will danger in too hi{:l;h colors. With all his eloquence he is unable to do be very disastrous to the tax-payers of the country. I do not see that that. No man can foresee the magnitude of the calamity which is im­ we are here to grant relief to every man that is an unfortunate in the pending in case the levees to which he has referred should break. Con­ United States. It really seems to me that the people along the n is­ gress can not too soon hasten to the relief of that city. The emergency sippi River will require all the money the Government owns or posse es. is pressing, the danger is threatening, the results will be appalling. Every day we are asked here for an appropriation, for appropriation But in your anxiety t~t relieve the impending danger there do not for­ after appropriation. I think the precedent is wrong. I think it wrong get that there are 250,000 or 300,000 people who are in equal danger to take the people's money and appropriate it for certain parties in any scattered throughout other sections of that part of the country-not in section of the country. I must therefore oppose this resolution. I re­ an aggregated mass, it is true, not in one city, but scattered in a most gret very much to see it introduced, and I shall ask for the yeas and helpless, hopeless condition throughout the swamps and forests of that nays on its passage. great valley. .Arm the Secretary, with the means for their relief, and l\Ir. ELLIS. I demand the previous question. leave to his discretion and sound judgment the manner of using it. Mr. HUNT. I desire to make a brief statement. 1\Ir. MONEY. I ask that the resolution may be again read. Mr. PERKINS. I wish to ask the gentleman from Louisiana [Mr. The SPEAKER. The Chair will ask if the gentleman from Arkansas ELLISJ a question. objects to its consideration. Mr. ELLIS. I withdraw the demand for the previous question, and Mr. DUNN. I do not. yield to my colleague [Mr. HUNT] two minutes. Mr. RICE. I thinkthisshouldcomefrom the Committee onAppro- Mr. REAGAN. It seems to me to be important that the evidence on priations. I object. which this aetion is asked should be stated to the House. Mr. MONEY. Let the resolution be again reported. The SPEAKER. The gentleman from Louisiana [l\Ir. HUNT] is rec- The SPEAKER. The gentleman from Massa~husetts objects. ognized for two minutes. .

Mr. KEIFER. I hope the gentleman will not insist upon his objec­ Mr. HUNT. Returning to this city after an enforced leave of absence7 tion. I found on my table awaiting me a letter from one of the engineers upon The SPEAKER. The Chair understands the gentleman from Mas­ the Mississippi River Commission, predicting the greatest disaster that sachusetts to object to the consideration of the resolution. can be possibly conceived of. I regret very much that I did not put Mr. KEIFER. I hone that will not be done. This has been recom­ the letter in my pocket ~nd bring it here so that I could read it to the mended by the committee. House.' He takes occasion in that letter to say that for promptness and The SPEAKER. The Chair understands the gentleman from Mas­ wisdom in action the Secretary of War deserves every commendation, saehusetts to base his objection to the present consideration of the res­ and he goes on to dwell upon the great danger to which the country olution on the ground that it should go to the Committ~e on Appro­ is exposed through the interests involved. priations. I hope that nobody will object to this resolution, or insist upon its 1884. CONGRESSIONAL RECORD- HOUSE. 2217

going over until to-morrow morning, lest it cost the country many times 1\Ir. ELLIS. I demand the previous question on the passage of the­ ove1· the paltry aniount that is sought to be appropriated -now. joint resolution. Mr. ELLIS. I yield baJf a minute to the gentleman from Alabama The SPEAKER. On the motion to commit with instructions and [1\Ir. OATES]. upon the passage? 1\Ir. OATES. I do not desire to consume any of the time of the Mr. ELLIS. Yes, sir; on the motion to commit and on the paEsage­ Honse in making a speech. I am opposed to this appropriation. I am of the joint resolution. opposed to appropriating money, the common property of the United The question was taken; and upon a divi ion there were-ayes 52, States, out of the Treasury for the relief ef people either from flood, fire, noes37. or storm. I do not think we have the constitutional power to do it; and So (no further count being called for) the previous question was or­ I content myself by requesting permission to print remarks upon this dered. subject. The SPEAKER. The Clerk will now report the motion submitted The SPEAKER. The gentleman from Alabama asks leave to have by the gentleman from Mississippi [Mr. MoNEY]. printed in the RECORD some remarks on this subject. Is there objec­ The Clerk read as follows: tion? The Chair hears none. Resolved, That the Committee on Appropriations be instructed to report a joint Mr. ELLIS. I now demand the previous question. resolution appropriating the sum of $500,000, to be expended by the Secretary of War, in his discretion, in preventing the overflow of the :city of New Orleans. Mr. 1\IONEY. I ask the gentleman from Louisiana to permit me t.o and for relieving persons rendered de titute by the overflow of the Mississippi offer an amendment, which I think will strengthen his proposition. River. :1\Ir. PERKINS. I would like to ask the gentleman from Louisiana Mr. RICE. I object to the form of the resolution. It is not a mo~ a question. What is the reason the- $1,000,000 appropriated as an emergency appropriation can not be used, or some part of it, for this tion to commit; it is simply instructions to the Committee on Appro­ purpose? I undentand the Secretary of War stated to General King priations. and others that could be done. Mr. MONEY. My motion was to commit with instructions, and what Mr. ELLIS. My impression is thatvery little of that appropriation has been read is simply the form of the instructions. remain. Mr. BELFORD. Will this operate as a motion to commit? The SPEAKER. The gentleman from Mississippi [Mr. MoNEY) 1\Ir. PERKINS. I un~rstood the Secretary of War to say it all re­ mained, or nearly so. I mean the sum which we appropriated this ses­ makes a motion to commit to the Committee Oft Appropriations with sion as an emergency appropriation. instructions, and has reduced his instructions to writing, which have .Mr. ELLIS. l\Iy information is that that um is expended. And been read . the Secretary of War this morning told me, through the telephone, Mr. YORK. I want to understand one thing before the question is that be approved this action. · taken on this motion. Mr. CHACE. Does the gentleman from Louisiana say the last appro­ The SPEAKER. It is not debatable; the House has ordered the priation of a million dollars is .all expended ? · previous. question. 1\Ir. ELLIS. That is my infonrurtion. Mr. YORK. Then I rise to a parliamentary inquiry. Mr. MONEY. · I would like to a k the gentleman from Louisiana The SPEAKER. The gentleman will state it. one question. Mr. YORK. Do these instructio!ls require the Committee on Ap­ The SPEAKER. The gentleman from Louisiana has demande-d the propriations t.o report an appropriation of 500,000? previous que tion. Pending that no debate is in order. Does the gen­ The SPEAKER. That is not a parlianientary question; the instru.c- tleman withdraw the demand for the previous question? ·tions speak for themselves. · Ur. ELLIS. I do not. M.r. YORK. Is that the understanding? The SPEAKER. The question then is, hall the previous question Mr. MONEY. It is. be ordered on the engrossment and third reading of the joint resolution? The question was taken on the motion to commit with instructions, The question was taken; and upon a division there were-ayes 64, and it was not agreed to. noes 33. The question recurred upon the passage of the joint resolution. Mr. YORK. No quorum has voted. Mr. BEACH. And on that I call for the yeas and nays. Mr. ELLIS. I hope the gentleman will withdraw that point of order, The question was taken on ordering the yeas and nays, and there and let the test be made on the passage of the joint resolution. were 47 in the affirmative. Mr. YORK. Well, I withdraw it. · So {the affirmative being more than one-fifth of the last vote) the yeas So (no further count being called for) the previous question was and nays were ordered. ordered. The question was taken, and there were-yeas 98, nays 115, not vot­ The question was upon ordering the joint resolution be engro ed ing 108; as follows: to YEA8-98. and read a third time. Alexander, Follett, King, Spriggs, Mr. BELFORD. I rise to a parliamentary inquiry. Ballentine, Foran, Kleiner, Springer, The SPEAKER. The gentleman will state it. Barbour, Fyan, 1\IcCoid, Stephenson, Mr. BELFORD. It is whether, after the previous question is ordered, Belford, Garrison, Maybury, Stone. Blackburn, Geddes, Miller, J. F. Strait; we are not entitled under the rules to an hour's debate. Blanchard, Glascock, :Morey, Sumner, D. H. The SPEAKER. If there had been no debate previously, then under Bland, Graves, 1\Iuller, Talbott, the rule there would be thirty minutes allowed for debate; but there Breckinridge, Green, Neece, Taylor, J. M. Breitung, Greenleaf, Nelson, Thompson, was debate on this joint resolution before the previous question was Broadhead, Hanback, Nicholl , Throckmorton • ordered by the House. • Caldwell, Hancock, Payson, Townshend, Mr. !IIONEY. I rise to a parliamentary inquiry. Cannon, Hatch, H. H . Pie roe, Van Eaton, Carleton, Hatch, \V. H. Peters, Wakefield, The SPEAKER. The gentleman will state it. Cosgrove, Hl;)nderson, T. J. Poland, Ward, Mr. MONEY. Is it in order to mo>e to commit this whole matter Culberson, D. B. Hill, Pryor, Wa hburn, to the Committee on Appropriations with instructions? Culbertson, W. \Y. Hoblitzell, Randall, White, l\lilo Curoheon, Hopkins, Reese, \Villiams, The SPEAKER. Not now; that motion will be in order at the proper Davidson, Horr, Robinson, J. S. Willis, time. Dibble, Hunt, Rogers, J. H. WHson, Jame .tlir. MONEY. I desire to give notice that at the proper time I will Dibrell, Jeffords, Rogers, W. F. Wilson, W.L. submit that motion. Dockery, Jones, J. H. Rosecrans, Wolford, Dorsheimer, Jordan, R~well, Wood, The SPEAKER. When- the previous question has been ordered or Ellis, Keifer, SbeHey, Yaple. called on the passage of the joint resolution a motion to commit will Ellwood, Kellogg, Slocum, then be in order. Findlay, Ketcham, Snyder, The joint resolution was then ordered to be engrossed for a third read- NAYB-115. ing, and it was accordingly read the third time. Aiken, Cox,S. S. Herbert, 1\Icl\Iillin. Arnot, Cox,W.R. Hiscock, Millard, The question was upon the passage of the joint resolution. Atkinson, Crisp, Hitt, Milliken. Mr. YORK. And on that question I call for the yeas and nays. Bagley, Dargan, Holton, Mitchell, Mr. JEFFORDS. Is an amendment now in order? Barr, Deust.er, Hutchins, Ioney, Beach, Dowd, James, Morgan, The SPEAKER. The joint resolution has passed the stage of amend­ Bisbee, Dunham, Jones, B. W. Morrill, ment. Bowen, Dunn, Jones, J. K. forse, Mr. JEFFORDS. Then I move to recommit the joint resolution. Brewer, F. B. Eaton, Jones, J.T. l\Ioulton, Brewer, J . H. Eldredge, Kean, Muldrow .. The SPEAKER. The joint resolution was not reported from a com­ Browne, T. M . Eva-ns, I. N. Kelley, Murray, mittee. Brown,W. W. Everhart, Lacey, Mutchler, Mr. MONEY. I move to commit the joint resolution to the Com­ Buckner, Ferrell, I.anham, Nutting, Burleigh, Fiedler, Lawrence, Oates, mittee on Appropriations, with instructions to report an appropriation Campbell, Felix Forney, Long, O'Hara of $500,000, to be expended at the discretion of the Secretary of War Campbell, J. M. Funston, Lovering, Patton.' for the benefit of the whole river between Memphis and New Orleans. Candler, Guenther, Lowry, Peel, S. "\V_ Cassidy, Hardy, Lyman, Perkins, The SPEAKER. The gentleman had better reduce his proposition Chace, Haynes, 1\lcAdoo, Phelps, to writing. Clements, Henley, McCormick, Post, 2218 CONGRESSIONAL RECORD-HOUSE. MARCH 24,

Potter, Scales. Taylor, E. B. Weaver, The SPEAKER. The rule does not permit the Chair to entertain Price, Seymour, Taylor, J.D. Weller, Pusey, Shaw, Tillman, Whiting, the request. Ray,G.W. Skinner, C. R. Tully, ·wilkins, :Mr. SINGLETON. If permitted to vote, I would vote "ay." Reagan, · Smith, Turner, Osca1· Winans, E. B. Mr. PAYSON. Ur. Speaker, as I understood, I was paired with the Reed, Spooner, Van Alstyne, 'Vinans, John Rice, Steele, Vance, Worthington, gentleman from Georgia [:Mr. HAM.l\IOND]. I did not hear that pair an­ Riggs, Stevens, Wadsworth, York. nounced; but I did hear read a pair between the gentleman from Geor­ Rockwell, Stewart, J. W. Wait., gia [M.r. HAl\fi\IOND] and the gentleman from Virginia [Mr. LIBBEY]. NOT VOTING-108. Understanding that I was paired, I refrained from voting. Under these Adams, G. E. Curtin, Houseman, Ranney, circumstances I think my vote ought to be recorded. Adams, J . J. Davis, G. R. Howey, Ray, Ossian The SPEAKER. There are at the desk two pairs embracing the Anderson, Davis, L. H. Hurd, Robert on, Barksdale, Davis, R. T. Johnson, Robinson, W. E. name of the gentleman from Georgia. . Bayne, Dingiey, Kasson, Rus ell, ltlr. PAYSON. The pair of the gentleman from Georgia with myself Belmont Duncan, Laird, Ryan, was not announced. That pair having been arranged in good faith, I Bennett, Elliott, Lamb, Seney, Bingham, Ermentrout, Le Feyre, Singleton, think I ought to be allowed to vote. IHount, Evins, J. ll. Lewis, Skinner, T. G. The SPEAKER. There are two pair of the gentleman from Georgia Boutelle Finerty, Libbey Stewart, Charles on the Clerk's table-one with the gentleman from Illinoi [Mr. PAY­ Boyle, George, Lore, Stockslager, Brainerd, Gibson, McComas Storm, soY]. Brumm, Goff, 1\IcK.inley, Struble, Mr. PAYSON. It was not announced, howe,er. Buchanan, Halsell, 1\latson, Sumner, C. A. The SPEAKER. The gentleman from lllinois [Mr. PAY oN] states · Budd, Hammond, 1\Iiller, 8. H. Thoma , Burnes, Hardeman, Iills, Tucker, that he refrained from voting because he supposed he was paired with Cabell Harmer, Morrison, Turner, H. G. the gentleman from Georgia [Mr. HAMl\IOXD]; but he disconrs by the Calkins, Hart Murph~-. Valentine, announcement of the pairs that the gentleman from Georgia is paired Clardy, Hemphill, Ochiltree, Warner, A.. J. Clay, Henderson, D. B. O'Neill, Charle Warner, Richard with another member. Under th ecircumstances the gentleman from Cobb, Hepburn, O'Neill. J. J. Wellborn, lllinois asks leave to have his vote recorded. Is there objection? Collins, Hewitt, A. S. Paige, Wemple, There was no objection, and 1\Ir. PAY ON' \Oted in the affirmative. Connolly Hewitt, G. W. Parker White, J.D. Converse, Holman, Payne,' Wise, G. D. Mr. CHACE. Mr. Speaker, I perceive I am announced as paired. Cook, Holmes, Peelle, S. J. Wise,J. S. I was not aware that I was paired. I had a pair with the gentleman Covington, Hooper, Pettibone, 'Voodward, from Kentucky [Mr. ·WILLIS], which expired on the last legislative Cullen, Houk, Rankin, Young. day. So the jo:illt resolution was not passed. The SPEAKER. According to a statement in the hands of the Clerk, During the roll-call, the gentleman from Rhode Island [Mr. CHACE] is paired with the 1\'Ir. KING said: 1\Ir. Speaker, I rise to a question of prhilege. I do gentleman from Pennsylvania [li.Ir. STORl\:l]. The Chair of course has not think the question as announced by the Speaker was understood by no other information on the subject. the House. Some members understand that this vote is on recommitting The result of the \ote was announced as above stated. the bill. I have been so informed by a colleague of mine. Mr. ELLIS. I ask that this joint resolution be referred to the Com­ The SPEAKER. The Chair does not see any question of privilege mittee on Appropriations. in the gentleman's statement. The SPEAKER. The resolution haTI.ng been \Oted upon and rejected, Mr. KING. 1\Iy point is that many members of the House do not it is now disposed of. But the gentleman can reintroduce it and have understand the question which is being voted upon. it referred. The SPEAKER. The Chair can not control that matter. He has Mr. CALKINS. By unanimous consent it may be referred. stated the question several times; but unfortunately there has been so The SPEAKER. The gentleman from Louisiana [Mr. ELLIS] can much confusion on the floor this morning that it is almost impQssible to introduce a joint resolution in the same form for reference. transact business. This question is on the passage ofthejointresolution. Ur. ELLIS, by unanimous consent, introduced a joint resolution (H. The roll-call having been concluded, Res. 212) appropriating 300,000 to prevent the overflow of the city of 1\Ir. CALKINS said: I desire to inquire whether my colleague [Mr. New Orleans, La., and the country adjacent thereto; which was read a :hlATSON] has voted upon this question? first and second time, referred to the Committee on Appropriations, The SPEAKER. He has not. and ordered to be printed. ~Ir. CALKINS. I am paired with him. I desire to state that if I were not paired I would vote "ay." · COLORADO SCHOOL LAND . The following pail'S were announced from the Clerk's desk: ~Ir. BELFORD. ltlr. Speaker, I ask by uuanimons consent to take Mr. EATON with Mr. BARR, until the 25th inst. from the Speaker's table Senate bill74 to enable the State of Colorado Mr. SKINNER, of North Carolina, with 1\Ir. SKINNER, of New York, to take lands in lieu of the sixteenth and thirty-sixth sections found to until the 30th inst. · be mineral lands, and to secure to the State of Colorado the benefit of Mr. O'NEILL, of £ennsylmnia, with 1\Ir. DA VIDSOX, until the 25th the act of July 2, 1862, entitled 'An act donating public lands to the inst. several States and Territories which may provide colleges for the bene­ Mr. RAY, of New Ramp hire, with Mr. BUCHANAN, until the 29th fit of agriculture and the mechanic ru·ts " and put it upon its passage inst. . at this time. The following named members were announced as pair~d until fur- Mr. SHELLEY. I object. ther notice: SEK ATE COKTIN'GENT UKD . . Mr. YOUNG with Mr. BAYXE. ~Ir. RANDALL. I submit the following privileged report. :Mr. S~TYDER with Mr. GoFF. The Clerk read as follows: :Mr. MORGAX with Mr. ~10RRILL. :Mr. PEELLE, of Indiana, with Mr. STOCK LAGER. The committee of conference on the disagreeing votes of the two Houses on Senate resolution No. 64, providing for the addition of $10,000 to the contingent ~lr. FINERTY with Mr. HARMER. fund of the Senate, having met, after full and free conference have agreed to , Mr. GrnsoN with Mr. BINGHAM. recommend and do recommend to their respective Houses a follows: ::Mr. HATCH, of Michigan, with Mr. PAIGE. That the House recede from its amendment and agree to an amendment as follows: In line 4, after the word "for," insert the words ''the payment of the llr. HEWITT, of Alabama, with Mr. McCmu. ·current;" and the Senate agree to the same. lit·. GEORGE D. WISE with Mr. HOOPER. Al\1 . .f. RANDALL, )!J:. CoBB with Mr. PARKER. WlLLIAl\I S. HOLMAN, THOS. RYAN, llr. LE FEVRE with 1\1r. DA TIS, of Illinois. Managers on the pa1·t of the House. Mr. McAnoo with Mr. THOMAS. JOHN SHERMAN, Mr. STORM with Mr. CHACE. J Al\IES F. WILSON, Mr. RENDER ox, of Iowa, with Mr. EVINS, of South Carolina. 1\I. C. BUTLER, Mr. CoNNOLLY with Mr. GEORGE, on all political questions. Managers on the part of the Senate. The following were announced for this day: Mr. RANDALL. Let the statement required by the rules be reud. Mr. McKIKLEY with 1\Ir. HeRD. The Clerk read as follows: 1\1r. RYAN' with Mr. CLARDY. The managers on the part of the Hou e of the conference on the disagreeing 1\Ir. HAMMOND with Mr. LIBBEY, on all political questions. votes of the two Houses on the Senate joint resolution No. 64., appropriating 10,000 to the contingent fund of the Senate, submit the followin~ written state­ 1\Ir. BARKSDALE. Mr. Speaker, I ask to ha•e my vote recorded in ment in explanation of the effect of the action recommended in tne accompany­ the affirmative. ingconference report: The SPEAKER. Did the gentleman vote? The, effect of the action recommended will, if accepted by the two Hou es, confirie the expenditure of the money appropriated by the joint resolution to Mr. BARKSDALE. I was not in the Hall when the vote was taken. the payment of the current expenses of special and elect coll).mittees of the The SPEAKER. Under the rule the Chair can not entertain the Senat-e and to be used for no other pnrpo e. -gentleman's request. • Al\1. J. RANDALL, Wl\1. S. HOLMAN, Mr. SINGLETON. I desire unanimous consent to record my vote. THOS. RYAN, I wa jn the cloak-room when my name was called. Managers on the part of the Ho'use. 1884. CONGRESSIONAL RECORD-HOUSE. 2219

_ Mr. RANDALL. I think the report explains the result, and in my Twelfth amendment: In ert the following: _judgment ought to be satisfactory to the House. "For contingent expenses of the Bureau, $5,000." The report was adopted. Mr. RANDALL. The committee recommend non-concurrence. Mr. RANDALL moved to reconsider the vote by which the report The amendment was non-concmTed in. was adopted; and also moved that the motion to reconsider_be laid on 1\lr. RANDALL mo>ed to_reconsider the votes just taken; and also ·-the table. moved that the motion to reconsider be laid on the table. The latter motion was agreed to. The latter motion was agreed to. URGENT DEFICIENCY BILL. ORDER OF BU INESS. _ :Mr. RANDALL, from the Committee on Appropriations, reported The SPEAKER. This being Monday, the regular order is the call of back amendments of the Senate to the bill (H. R. 6073) to provide for States and Territories for the introduction of bills and joint resolutions -certain of the most urgent deficiencies in the appropriations for the serv­ for reference to appropriate committees. ice of the Governme~t for the fiscal year ending June 30, 1884, and for Mr. SHELLEY. I ask unanimous consent to dispense with the call -other purpo es, recommendingconcurrenceinsomeandnon-concurrence of States. in others. · l\1r. POST, of Penn ylvania, 1\fr. BELFORD and others objected. First amendment: Strike out "five" and insert "twenty-eight;" o it will read The SPEAKER. Under this call also joint re olutions and memo­ :as follows: rials of State and TerritorialLegi latures are in order for reference. "For fuel, lights, and water, required by the janitors and firemen in the proper care of the buildings, furniture, and heating apparatus, exclusive of per onal GERVIN .AND BIETRY. services, for all public buildings under control of the Treasury Department, in­ l\1r. SHELLEY introduced a bill (H. R. 6095) for the relief of Ger­ clusive of new buildings, 128,000." vin and Bietry, of Louisiana; which was read a first and second time, 1\fr. RANDALL. The committee recommend non-concurrence. referred to the Committee on Claims, and ordered to be printed. The amendment was non-concurred in. FEE. OF REGISTERS. Second amendment: Strike out the following: "For furniture and repair of furniture and carpets for all public buildings un- Mr. HERBERT introduced a bill (H. R. 6096) providing that regis­ der the control of the Treasury Department,SlOO,OOO." ters of land offices hall not be allowed fee for correcting their own Mr. RANDALL. The committee recommend concurrence erron;; which was read a first and second time, referred to the Com­ The amendment was concurred in. mittee on the Public Lands, and ordered to be printed. Third amendment: Insert the following: RU SELL .HARVEY. "For furniture and repairs of furniture, and carpets, for t1:e following public buildings, namely: For post-office andsubtreasuryatBo ton, $30,000; forcustom­ Mr. PEEL, of Arkansas, introduced a bill (H. R. 6097) granting a ·house at Cleveland, Ohio, $5,000; for court-bouse and post-office at 1\Iontgom­ pension to Russell fla,ITey, late a private of Battery B, First Kentucky ery, Ala., 10,000; for post-office and court-house at Philadelphia, 15,000, and for custom-house and post-office at Saint Louis, 1\Io., $10,000; in all, $70,000; and each Light Artillery, United Stat Volunteers, in the late war; which was of said amount shall be so expended as to complete the furnishing of said build­ read a first and second time, referred to the COmmittee on Invalid Pen­ ings; and all furniture now owned by the United States in other buildings in sions, and ordered to be printed. said cities, respectively, shall be used as far as practicable, whether it corresponds ·with the present regulation plans for furniture or not." .JAMES DOUGHERTY. 1\ir. RANDALL. The committee recommend concurrence. Mr. DUNN (by request) introduce:! a bill (H. R. 6098) to refer the The amendment was concurred in. claim of James Dougherty to the Court of Claims; which was read a Fourt-h amendment: Strike out the following: first and second time, referred to the Committee on Claims, and ordered "For beating, hoisting, and ventilating apparatu for public building , $16,- to be p~ted. -000. " CLADI OF THE TATE OF CALIFORNIA. Mr. RAl\TDALL. The committee recommend non-concurrence. The amendment was non-concurred in. l\1r. HENLEY introduced a bill (H. R. 6099) to authorize payment by the United States to the State·ofCaliforniaof$219,075, &c. i which Fifth amendment: Insert the fo1lowing: was read a first and second time, referred to the Committee on War " TATIONERY. Claims, and ordered to be printed. "For stationery for the use of the Department of the Interior iu wrapping and mailing the reports of the tenth census ordered by Congress to be distributed BRIDGES OYER N A VIOABLE RIVER . · by tbi Department by the act of August 7,1882, $'} ,393.18." 1\Ir. SEYMOUR introduced a bill (H. R. 6100} granting the consent Mr. HANDALL. The committee recommend non-concurrence. of Congress to the erection of bridges over navigable rivers upon the The amendment wa non-concurred in. conditions therein stated; which was read a first and econd time, re­ Sixth amendment: Strike out "ten" and insert "twenty;" so it will read: ferred to the Committee on Commerce, and ordered to be printed. ''EXP~SES OF LAND OFFICES. SAMUEL G. WATKINS. ·"For incidental expenses of the several land offices, $20,000." l\1r. TOWNSHEND introduced a bill (H. R. 6101) granting a pen­ Mr. RANDALL. The committee recommend a non-concurrence. sion to Samuel G. Watkins, of Company D, First Regiment Mi ouri 'The amendment was non-concurred in. Engineers; which was read a first and second time, referred to the Com­ "Seventh amendment : Strike out the following: mittee on Invalid Pensions, and ordered to be printed. "That the Secretary oft he Interior i authorized to transfer from appropriations for the Freedmen's Hospital and Asylum for the fiscal year 1884 any unexpended A!\IBRO E THERIAC. balances and apply the same to purposes for which the appropriations for said institution for the current fiscal year are exhau ted: but the aggregate amount 1\Ir. SHAW introduced fl- bill (H. R. 6102) for the relief of Ambrose - appropriated for the expen es of the Freedmen's Hospital and Asylum for the Theriac, Company B, One hundred and fifty-fifth Regiment Illinois fiscal year 1884 shall not be exceeded because of the transfer herein authorized." Volunteers; which was read a first and second time, referred to the l\1r. RANDALL. The committee recommend non-concurrence. Committee on Invalid Pensions, and ordered to be printed. The amendment was non-concurred in. EDWARD B. KENEIPP. Eighth amendment: In ert the following: "That the Secretary of the Interior is authorized to tran fer the sum of 1,000 1\Ir. SHAW also introduced a bill (H. R. 6103) granting a pension " from the appropriation for clothing, bedding, forage, and transportation for the to Edward B. Keneipp i which was read a first and second time, referred Freedmen's Ho pi tal and Asylum for the fiscal year 1884, and apply aid sum as to the Committee on Invalid Pensions, and ordered to be printed. follows: $600 to repairs and furniture, and $400 to fuel and lights for said hospi­ tal for said fiscal year; but the aggregate amount appropriated for the expenses 1\IARY BROWN AND OTHERS. of the Freedmen's Hospital and Asylum for the fiscal year 1884 shall not be ex­ ceeded because of the transfer herein authorized. And the accounting officers ~1r. RIGGSintroducedabill(H. R. 6104) forthereliefofl\laryBrown of the Treasury are hereby authorized to settle and allow, if found correct, the and others, heirs of John Brown, Company L, Tenth Illinois Cavalry accounts of the disbursing officers of the Interior Department for payments to Volunteers; which wasreadafirstandsecond time, referred to the Select -clerks, watchmen, laborer , and teamsters of said hospital for the fiscal years 1882, 1883, and 1884, out of the appropriations for clothing, bedding, forage, trans­ Committee on Payment ofPensions, Bounty, and Back Pay, and ordered portation, and miscellaneous expen cs for said fiscal years, respectively." to be printed. 111r. RANDALL. The committee recommend non-concurrence. SL' AN B. LA IONTE. The amendment was non-concurred in. Mr. DUNHAM introduced a bill (H. R. 6105) to increase the pen­ ~i~!~a:sdfJ~~~s ~men~ents: Insert "from .January 1" and "1884;" so it sion of Mrs. Susan B. La Monte; which was read a first and second time, referred to the CommitteeonlnvalidPensions, and ordered to be printed. " Di'DIAN OFFICE. "To enable the Secretary of the Interior to pay the employes temporarily em­ HENRY HEISTAND. -ployed and rendering service in the Indian Office from .January 1 up to and in­ Mr. PEELLE, of Indiana, introduced a bill (H. R. 6106) granting a ~luding .July 1,1884, 52,100." pension to Henry Heistand; which was read a first and second time, M:r. RL~DALL. The committee recommend concnn-ence. referred to the Committee on Invalid Pensions, and ordered to be The amendments were concurred in. printed. Eleventh amendment: Strike out the following: .JOSEPH 1\IOORE. "And hereafter no Department or officer of the United States shall accept voluntary service for the GoYernment or employ personal sen·ice in excess of 1\fr. PEELLE, of Indiana, also introduced a bill (H. R. 6107) grant­ that authorized by law." ing increase of pensio~ to Jo eph Moore; which was read a first and Mr. RANDALL. The committee recommenq :Qon-coucw.rence. second time, referred to the Co~tt~~ qJ:! !1:!-v~!ig, :P~~iQW? 1 ~n

L~TERSTATE COl\IMERCE. second time, referred to the Committee on War Claims, and ordered to­ 1\Ir. WELLER submitted a joint resolution of the Legislature of the be printed. State of Iowa, at its present session, requesting Congress to assume the REVENUE-MARINE SERVICE. power granted in the Federal Constitution of regulating commerce be­ Mr. H OBLITZEL L introduced a bill (H. R. 6120) to promote the· tween the States and for the prompt enactment of laws for regulating efficiency of the revenue-marine service; which was readafirstandsec­ and controlling transportation of freights and passengers on all lines of ond time, referred to the Committee on Commerce, and ordered to be­ railroads within the United States engaged in interstate commerce, and printed. for other purposes; which was referred to the Committee on Commerce. GEORGE JOHNSON. LIENS OF JUDGl\Illi.~TS, FEDERAL COURTS. 1\fr. HOBLITZELL aJ.so introduced a bill (H. R. 6121) granting a :Mr. WELLER also submitted joint resolutions of the Legislature of pension to George Johnson; which was readafirstandsecond time, re­ the State of Iowa, requesting the Congress of the United States to pass ferred to the Committee on Invalid Pensions, and ordered to be printed. a law relating to the liens of judgments obtained in the Federal courts, SOUTHERN 1\IARYLAND RAILROAD COMPANY. and for other purposes; also, a joint resolution requesting the Congress Mr. H OBLITZELL also introduced a bill (H. R. 6122) to extend an to pass a law by and under which judgments obtained in the Federal act approved June 27, 1882, to authorize the Southern Maryland Rail­ courts shall not be a lien upon property in any other county than the one road Company to extend a railroad into and within the District of Co­ in which obtained, except the transcript thereof be filed in the proper lumbia; which was read a first and second time, referred to the Com­ office in such county where the judgment is sought to be a lien; which mittee on the District of Columbia, and ordered to be printed. were referred to the Committee on the Judiciary. • 1\Ir. WELLER. I ask unanimous consent that these resolutions, RETIRED NAVAL OFFICERS. which are short, be published in the RECORD. Mr. TALBOTT introduced a bill (H. R. 6123) explanatory of and rec­ The SPEAKER. It is not in order to submit that request on this onciling sections 1588 and 1593 of the Revised Statutes of the United caJL States, relating to the pay of retii-ed officers of the Navy; which waa COLLEGE OF PHYSICIANS AND SURGEONS, KEOKUK, IOWA. read a first and second time, refen-ed to the Committee on Naval Af­ 1\Ir. M:cCOID introduced a bill (H. R. 6108) for the relief of the fairs, and rdered to be printed. College of Physidans and Surgeons at Keokuk, Iowa, and to compen­ J. J. B. WALBACH. sate it for lo of college and hospital buildings by fire while used by 1\ir. FINDLAY (by requE>.st) introduced a bill (H. R. 6124) to remove the United States during the rebellion; whlch was read a first and sec­ the civil and political disabil-ities of J. J. B. Walbach, of ti1e State of · ond time, referred to the Committee on War Claims, and ordered to be Maryland; which was read a first and second ti~e, referred to the Com­ printed. mittee on the Judiciary, and ordered to be printed. WILLIAM HALBERT. :Mr. McCOID also introduced a bill (H. R. 6109) for the relief of Will­ ::UO "ES C. MORDECAI. iam Halbert; which was read a first and second time, referred to the Mr. FINDLAY also submitted the following resolution; which was Committee on War Claims, and ordered to be prirlted. read, and referred to the Committee on Claim : Resolved, That the Secretary of the Treasury be, and he i hereby, requested, • OUTHERN KANSAS RAILWAY. if not incompatible with the public service, t-o furnish for the information of the Mr. PERKINS introduced a bill (H. R. 6110) to grant a right of way House what, if any, sums appe21.r to be due on the books of the Sixth Auditor's through the Indian Territory to the Southern Kansas Railway, and for Office up to January, 1861, to Mo ·es C. Mordecai. other purposes; which was re~d a 1kst and second time, referred to the BRIDGE ACROSS EASTERN BRANCH. Committee on Indian Affairs, and ordered to be printed. Mr. HOLTON introduced a bill (H. R. 6125) to authorize the con­ 1NVALID PENSIONS. struction of a bridge across the Eastern Branch of the Potomac River at Mr. UORRILL introduced a bill (H. R. 6111) to establish a uniform the foot ofPennsylvaniaavenue, east; which wasreadafirstand second grade of rating for invalid pensions and to abolish all distinctions on time, referred to the Committee on the District of Columbia and or­ account of rank in pensions hereafter granted; which was read a first dered to be printed. and second time, referred to the Committee on Invalid Pensions, and REPRESENTATIVES OF LIEUT. FRANCIS WARE. ordered to be printed. Mr. HOLTON also introduced a bill (H. R. 6126) for the relief of the REPRESENTATIVES OF JOSEPH E. BRENN.L~. legal representatives of Lieut. Francis Ware, deceased, of the Revolu­ Mr. BLACKBURN introduced a bill (H. R. 6112) to empower the tionary war; which was read a first and second time, referred to the legal representatives of J o eph E. Brennan to bring suit in the Court of Select Committee on Payment of Pensions, Bounty; and Back Pay, and Claims; which was read a first and second time, referred to the Com­ ordered to be printed. mittee on Claims, and ordered to be printed. REPRESENTATIVES OF JACOB l\IILLER. HER:l\IAN D. Sl'RATTAN. Mr. HOLTON also introduced a bill (H. R. 6127) to authorize the Mr. BLACKBURN also introduced a bill (H. R. 6113) granting a Court of Claim of the United States to ascertain the amount of special pension to Herman D. Strattan; which wa readafirstand second time, damages sustained by the legal representatives of the late Jacob .l\Iiller referred to the Committee on Pen ions, and O!dered to be printed. _ by a change in grade on Maryland avenue and Twelfth street, northeast, JOHN 1\I. EJ,DER. in the city of Washington, D. C.; which was read a first and second time, referred to the Committee on the District of Col urnbill, and ordered Mr. HALSELL introduced a bill (H . R. 6114) for the relief of John to be printed. 1\1. Elder; which was read a first and second time, referred to the Com­ NA TH.A.N BuRNHA~I. mittee on War Claims, and ordered to be printed. 1\ir. HOLTON also introduced a bill (H. R. 6128) to authorize the THO::UAS H. BRUCE. Court of Claims of the United tates to ascertain the amount of the Mr. CULBERTSON, of Kentucky, introduced a bill (H. R. 6115) for special damages sustained by Nathan Burnham by a change in grade on the relief of Thomas H. Bruce,_ofLewis County, Kentucky; which was First and D streets, outheast, in the city of Washington, D. C.; which read a first and second time, referred to the Committee on Invalid was read a first and second time, referred to the Committee on the Dis­ Pensions, and ordered to be printed. · trict of Columbia, and ordered to be printed. KENTCCKY SOLDIERS. VL,EGAR FROl\I ALCOHOL. Mr. CULDERTSO~, of Kentucky, also introduced -a bill (H. R. 6116) Mr. RICE presented resolutions of the Legislature of Massachusetts for the relief of certain soldiers from the State of Kentucky; which was relative to the repeal of so much of the internal-revenue law of the read a first and second time, referred to the Select Committee on Pay­ United States as authorize the manufacture of vinegar from alcohol ment of Pension , Bounty, and Back Pay, and ordered to be printed. which has paid no revenue bx; vrhich wa referred to the Committee WIDOW OF HARVEY PRICHARD. on Ways and Means. Mr. CULBERTSON, ofKentncky, al o introduced a bill (H. R. 6117) ACCEPTANCE OF DEOORATIO~S. for the relief of Harvey Prichard's widow and minors, of Kentucky; Mr. MORSE introduced a bill (H. R. 6129) to authorize Henry Wil­ which was read a first and second time, referred to the Committee on son, captain, UnitedStatesNavy; Frederick Pierson, commander, United Invalid Pensions, and ordered to be printed. States Navy; Charles A. Fo ter and J. M. Roper, lieutenants, United JOSEPH RUSSELL. States Navy, to accept a decoration from His Iajesty the King of the Mr. WOLFORD introduced a bill (H. R. 6118) to restore to the pen­ Hawaiian Islands; which wa read a first and second time, referred to sion-roll the name of J o eph Russell; which was read a first and second the Committee on Naval Affairs, and ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to be PO TAL TELEGRAPH. printed. l\Ir. MORSE also introduced a bill (H. R. 6130) to provide for the CAPT. RODNEY C.· BARKER. transmission of correspondence by telegraph; which was read a first Mr. BOUTELLE (by Mr. DINGLEY) introduced a bill (H. R. 6119) and second time, referred to the Committee on the Po t-Officeand Post­ for the relief of Capt. Rodney C. Barker; which was read a first anq Roads, and ordered to be \)rinted. 1884. CONGRESSIONAL RECORD--HOUSE. 2221

CO::tl:llERCE. the relief of W. L. Wallace, administrator ~- ,he estate of John l\I. Ur. MAYBURY introduced a bill (H. R. 6131) to amend parn.grapbs Gill, deceased; which was read a first and second time, referred to the •6 and 8 and to repeal paragraphs 7 and 9 of section 4382 of the Revicsed Committee on War Claims, and ordered to be printed. .Statutes of the United States, relative to fees levied and collected from E. A. ANDERSON. the owners and masters of vessels navigating the waters on the northern Mr. SINGLETON (by request) also introduced a bill (H. R. 6147) for frontiers ofthe United States; which was readafirst and second time, the relief of E. A. Anderson, administratrL"'{ of the estate of James Ander­ J"eferred to the Committee on Commerce, and ordered to be printed. son; which was read a first and second time, referred to the Committee AURILLA A. BURNS. on War Claims, and ordered to be printed. Ur. MAYBURY aLcso introduced a bill (H. R. 6132) for the relief of RUTH SUMMERS. ..Aurilla A. Bums, widow and devisee of James Burns, late of Detroit; Mr. SINGLETON (by request) also introduced a bill (H. R. 6148) for which was read a first and second time, referred to the Committee on the relief of Ruth Summers, administratrix of the estate of Jonathan Claims, and ordered to be printed. Summers, deceased; which was read a first and second time, referred to WILLIAM DURKL.'. the Committee on War Claims, and ordered to be printed. Mr. MAYBURY also introduced a bill (H. R. 6133) granting a pen­ .J Al\IES SUMl\IERS. sion to William Durkin, late a private in Company K, Second Michigan Mr. SINGLETON (by request) also introduced a bill (H. R. 6149) Volunteer Infantry; which was read a first and second time, referred for the relief of James Summers; which was read a first and second to the Committee on Invalid Pensions, and ordered to be printed. time, referred to the Committee on Vlar Claims, and ordered to be CHARLES E. REYNOLD . printed. Ur. MAYBURY also introduced a bill (H. R. 6134) granting a pen­ CHATMAN DAVISON. sion to Charles E. Reynolds, late a private of Company D, First Bat­ Mr. SINGLETON (by request) also introduced a bill (H. R. 6150) for talion Twelfth United States Infantry; which was read a first and the relief of Chatman Davison; which was read a first and second time, second time, referred to the Committee on Invalid Pensions, and or­ referred to the Committee on War Claims, and ordered to be printed. dered to be printed. JOHN WINCHELL. FRA:to.TKLIN SESSIONS. Mr. SINGLETON (by request) also introduced a bill (H. R. 6151) for Mr. HORR introduced a bill ( H. R. 6135) to allow John Winchell the relief of Franklin Sessions; which was read a first and second time, arrears of pensions; which was read a first and second time, referred referred to the Committee on War Claims, and ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. 'l'HOMA.S J. GIBSOX. ANDREW LAFFERTY. Mr. SINGLETO~ (by request) also introduced a bill (H. R. 6152) for Ur. CUTCHEON introduced a bill (H. R. 6136) for the relief of the relief of Thomas J. Gibson; which was read a :first and second time, Andrew Lafferty, of Uuskegon County, Michigan; which was read a referred to the Commitee on War Claims, and ordered to be printed. first and second time, referred to the Committee on Claims, and ordered to be printed. LEGAL REPRESE~TATIVES OF FRANCES E. GIBSON. CURRE...''WY, ETC. Mr. SINGLETON (byTequest) also introduced a bill (H. R. 6153) for Mr. LACEY introduced a bill (H. R. 6137) to prohibit the issue of the relief of the legal representatives of Frances E. Gibson, deceased; Treas~y notes of less than $5, to provide for the issue of one and two which was read a first and second time, referred to the Committee on dollar silver certificates, and for the suspension of the coinage of the War Claims, and ordered to be printed. standard silver dollar under certain circumstances; which was read a LEGAL REPRESENTATIVES OF RACHEL E. GIBSOX. :first and second time, referred to the Committee on Coinage, Weights, .and Measures, and ordered to be printed. Mr. SINGLETON (by request) also introduced a bill (H. R. 6154) for the relief of the legal representatives of Rachel E. Gibson, deceased; CATHARINE CARPENTER. which was read a first and second time, referred to the Committee on Mr. LACEY also introduced a bill (H. R. 6138) granting a pension to War Claims, and ordered to be printed. Cath~rine Carpenter; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. S. M. W ARREK. BRIDGE AT DULUTH MINN. Mr. SINGLETON (by request) also introduce(fa bill (H. R. 6155) for 7 the relief of S. M. Warren, administrator of the estate of Jonathan Mr. NELSON introduced a bill (H. R. 6139) to authorize the corpo­ Summers, deceased; which was read a first and.second time, referred to rate authorities of Duluth, Minn., to construct and maintain arailroad the Committee on War Claims, and ordered to be prin,ted. and common drawbridge across the canal leading to the harbor of Du­ luth, Minn.; which was read a first and second time, referred to the JAMES H. OWE~. CQm.mittee on Commerce, and ordered to be printed. Mr. SINGLETON (by request) also introduced a bill (H. R. 6156) for WATER-POWER AT LITTLE FALLS, MINN. the relief of James H. Owen; which was read a first and second time, referred to the Committee on War Claims, and ordered to be printed. Mr. NELSON also introduced a bill (H. R. 6140) to authorize the improvement of the water-power in the Mississippi River at Little Falls, T. J. DEUSON. Minn. ; which was read a first and second time, referred to the Commit­ :Mr. SINGLETON (by request) also introduced a bill (H. R. 6157) for tee on Commerce, and ordered to be printed. the relief ofT. J. Denson, administrator of the estate of George W. McCabe, deceased; which was read a :first and second time, referred to BENJ..UITN FRANKL~. the Committee on War Claims, and ordered to be printed. Mr. WAKEFIELD introduced a bill (H. R. 6141) for the relief of Benjamin Franklin; which was read a first and second time, referred T. P. BURNH..UI. to the Committee on Invalid Pensions, and ordered to be printed. :Mr. SINGLETON (by request) also introduced a bill (H. R. 6158) for SAMUEL COOK. the reliefofT. P. Bu.rnham, administrator c.fthe estate of Dr. J. Burn­ ham, deceased; which was read a first and second time, referred to the Mr. WAKEFIELD also introduced a bill (Ii. R. 6142) granting a Committee on War Claims, and ordered to be printed. pension to Samuel Cook; which was read a first and second time, re­ ferred to the Committee on Invalid Pensions, and ordered to be printed. PUBLIC BUILDING AT NATCHEZ, ill . POSTAL TELEGRAPH. Mr. VAN EATON introduced a bill (H. R. 6159) making an appro­ Mr. MONEY introduced a bill (H. R. 6143) to secure cheaper corre­ priation for the erection or purchase of a public builcling at Natchez spondence by telegraph; which was read a first and· second time, re­ Miss. ; which was read a first and second time, referred to the Commi~ ferred to the Committee on the Post-Office and Post-R.oads, and ordered tee on Public Buildings and Grounds, and ordered to be printed. to be printed. · JAUES PRICE. CAROLINE DAVISO:Y. Mr. HATCH, of 171issouri, introduced_a bill (H. R. 6160) for there­ Mr. SINGLETON (by request) introduced a bill (H. R. 6144) forthe lief of James Price; which was read a first and second time, referred to relief of Caroline Davison, widow of Chatham Davison, deceased; the Committee on War Claims, and ordered to be printed. which was read a first and second tilne, referred to the Committee on STREETS IN SAINT LOu""IS, l\10. War Claims, and ordered to be printed. Mr. CLARDY introduced a bill (H. R. 6161) donating to the city of LOUISA THO~. Saint Louis, l\Io. 7 a certain strip ofla-nd for street pru·poses; which was Mr. SINGLETON (by request) also introduced a bill (H. R. 6145) read a first and second time, referred to the Committee on Public Build­ for the relief of Louisa Thomas, widow and administratrix of John C. ings and Grounds, and ordered to be printed. Thomas, deceased; which was read a first and second time, referred to SAl\IUEL BARNARD. t he Committee on War Claims, aud ordered to be printed. 1Ur. WEA. VER introduced a bill (H. R. 6162) granting a pension to W . L. WALLACE. Samuel Barnard; which was read a first and second time, referred to Mr. SINGLETOX (by request) also introduced a bill (H. R. 6146) for the Committee on Invalid Pensions, and ordered to be printed. 2222 CONGRESSIONAL RECORD-HOUSE. M.AROH 24,.

DANIEL :\l1LEYNAN. sooourd time, referred to the Committee on Invalid Pensions, and or, 1\h. WEAVER .also introduced a bill (H. R. 61()3) for the relief Qf dered to be printed. Daniell\IcLennan; which was read a first and SecOnd time, referred to CONDENSED STATIDIENT, TENTH CENSUS. the Committee -on Invalid Pensions, and ordered to be printed. 1\ir. BAGLEY introduced a bill (H. R. 6178) authorizing the purchase' w. H. TIBBITS. of condensed statements of the Compendium of the Tenth Census; which. 1\Ir. LAIRD introduced a bill (H. R. 6164} f()r the relief of W. H. was read a first and second time, referred to the Committee on Printing, Ti~bits; which was read a first and second time, referred to the Com- and ordered to be printed. mittee-on Private Land Claims, audordered to be printed. CARRIAGE OF PASSENGERS BY SEA. PAY OF HOSPITAL STEWARDS. Mr. SLOCUM introduced a hill (H. R. 6179) to regulate the carriage lli. LAIRD also introduced a bill (H. R. 6165) to equalize the pay of passengers by sea; which was read a first and second time, referred of hospital stewards of the .Army with that of other officers of like rank; to the Committee on Commerce, and ordered to be printed. which was read a first and second time, referred to the Committee on MRS. l'tfARY l\I. ORD . .1\-Iilitary ~ffairs, and ordered to be printed. Mr.·SLOCUM also introduced a bill (H. R. 6180) granting a pen.."-ion DAVID TO:YECYPHER. to 1\Irs. Mary 1\I. Ord; which was read a :fir t and second time, referred lli. LAIRDalsointroduced a bill (H. R. 6166) forthereliefofDavid to the Committee on Invalid Pensions, and ordered to be printed. Stmleeypher; which was read-a :fir. t and second time, referred to the RACHAEL ANN JOHXSON. Committee on Inv.alid Pensions, and ordered to be printed. 1\fr. SLOCUl\I also introduced a bill (H. R. 6181 ) granting a pension CHARLES H. HOLT. to Rachael Ann Johnson; which was read a :first and second time, re- Ur. LAIRD also introduced a bill (H. R. 6167) for the reliefof Charles ferred to the Committee on Invalid Pensions, and ordered to be printed. H. Holt.; which was read a :first and second time, referred to the Com- EDWL.~ THmiAS. mittee -on Invalid Pensions, and ordered to be printed. 1\fr. SPRIGGS introduced a bill (H. R. 6182) granting a pension to CAPT. H. D. F." YOUNG. Edwin Thoma..<~, sergeant Company I, One hundred and forty-sixth · ~Ir. RAY, of New Hampshire, introduced a bill (H. R. 616 ) grant- Regiment New York Volunteers; which was read a :first and second i.ng a pension to Capt. H. D. F. Young· which was read a first and sec- time, referred to the Committee on Invalid Pensions, and ordered to be ond time, referred to the Committee on Invalid Pensions, and ordered printed. to be printed. REVISION OF P ATEXT LAW . GEORGE H. GLIDDEX. , Ur. GREENLEAF introduced a bill (H. R. 6183) to provide for the 1\1r. RAY, ofNewHampshire, also introduced a bill (H. R. 6169)grant­ revision, improvement, and amendment of the laws relating to patents; ing a pension to G.eorge H. Glidden; which' was read a first and second which was read a first and second time, referred to the Committee on time, referred to the Committee on Invalid Pension , and ordered to be Patents, and ordered to be printed. printed. JULIA M. REYNOLDS. MRS. CARRIE G. ROSS. Mr. STEVENS introduced a bill (H. R. 6184 ) granting a pension to l\Ir. RAY, of.NewHamp hire, also introduced a bill (H. R. 6170) grant­ Julia 1\1. Reynolds, widow of James S. Reynolds, deceased; which was ing a pension to Mrs. Carrie G. Ro s; which was read a first and second read a first and second time, referred to the Committee on Invalid Pen- time, referred to the Committee on Invalid Pensions, and ordered to be sions, and ordered to be printed. .... printed. NOAH E. SMITH. FRAUDGLE.i..~T USE OF CIGAR ST.A:\IPS, BOXES, ETC.. l\Ir. HAYNES introduced a bill (H. R. 6171) granting a pension to Mr. HARDY introduced a bill (H. R. 61 5) to prevent the f.rnudu­ Noah E. Smith; which was read a first and second time, 1·eferred to the lent reuse of empty cigar-boxes and the stamps and labels thereon; Committee on Pensions, and ordered to be printed. which was read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed. WILLIAM MUNIOX, JR. CIVIL-SERVICE EXAMIN ATIO ~s. Ur. FERRELL introduced a bill (H. R. 6172) for the relief of Will­ iam 1\Iunion, jr.; which was read a first and second time, referred to Mr. HARDY also introduced a bul (H. R. 6186) making per ons the Committee on Military Affairs, and ordered to be printed. honorably discharged after service in the Army or Navy of the United States during the late war eligible to certain appointments in the ci vii DROOKLYN PUBLIC BUILDISG. service without the examination now required by law; which was read Mr. ROBINSON, of New York, submitted the following re olution; a :first and second time, referred. to the Select Committee on Reform in_ which was referred to the Committee on Public Buildings and Grounds: the Civil Service, and ordered to be printed. Resol'!Je(l, That the Secretary of the Treasury is hereby directed to furnish to this House copies of all orders, reports, recommendations, correspondence, and ELISHA l'tf. WELBORN. other pa pers on file in the Treasm·y Department relating to the purchase of the Mr. YORK introduced a bill (H. R. 6187) for the relief of Elisha :U. . site for a public building in the city of Brooklyn, State of -ew York. Welborn, of Wilkes County, North Carolina; which was Tead a first ; COLLISIO. BETWEEN STEA.;.'!IERS POWHATAN AND DAVID. and second tUne, referred to the Committee on War Claims, and or-. Mr. COX, of New York, submitted the following resolution; which dered to be printed. was referred to the Committee on Naval Affairs: UNITED STATES 1\ITXT PROPERTY, CHARLOTTE, N. C. Resolved, That the Secretary of the Navy be directed to transmit t{) the House of Representatives a copy of the proceedjngs of the court-martial in the cases. .Mr. DOWD (by his colleague, Mr. SCALES) introduced a bill (H. R. growing out of the collision between the United States steamer Powhatan and 618 ) to grant the right of way over mint lots in the city of Charlotte,_ the merchant steamer David. N. C., to widen a street; which was read a :first and second time, re­ ROSE DOuGHERTY. ferred t~ the Committee on Public Buildings and Grounds, and ordered~ 1\fr. COX, of New York, also introduced a bill (H. R. 6173) for the to be prrnted. relief of Rose Dougherty; which was read a first and second time, re­ BUILDING, FORT JOlL.'\STON, NORTH CAROLINA. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. DOWD (by his colleague, 1\fr. SCALES) also introduced a bill (H;_ CHILD, PRATT & FOX. R. 61 9) granting the use of the unoccupied building at Fort Johnston , ~ North Carolina, for school-house and drill-room; which was read a fu-s tl.: ~fr. DORSHEIMER (by request) introduced a bill (H. R. 6174) for the relief of the legal representatives and survivors of the late firm of and second time, referred to the Committee on Military Affairs, and~ ordered be printed. Child, Pratt & Fox; which was read a :first and second time, referred to to the Committee on Claims, and ordered to be printed. GOVERNMENT LOT, ROBESON COUNTY, NORTH CAROLINA. JACOB NEWBERGER. Mr. DOWD (by his colleague, Mr. ScALES) also introduced a bill (Hr. Mr. ROGERS, of New York (by request), introduced a bill (H. R. R. 6190) to cede a Government lot in Robeson County, North Caro-_ 6175) for the relief of Jacob Newberger; which was read a first and sec­ lina, to be used as a public school-house; which was read a first and,_ ond time, referred to the Committee on Invalid Pensions, and ordered second time, referred to the Committee on Public Buildings and Gro~d J;_ to be printed. and ordered to be printed. CHRISTINA GA VJN. LIFURS ROBER ON. 1\fr. ROGERS, of New York (by request), also introduced a bill (H. 1\fr. V .A.NCE intl'oduced a bill (H. R. 6191) to restore Lifurs ~ol;l.er :- . R. 6176) for the relief of Christina Gavin, widow of Dominick Gavin, son to the pension-roll; which was read a first a,nd econd time, ref~rred . Company II, Twenty-seventh:M:ichiganlnfantryVolunteers; which was to the Committee on P ensions, and ordered to be printed. read a fu-st and second time, referred to the Committee on Invalid Pen­ OBSTRUCTIO. OF PATENT LA,YS. - sions, and ordered to be printed. Mr. VANCE aJso submitted the following resolution of inquiry~ : CHARLES W. GREEX. which was read, and refened to the Committee on Patents: 1\Ir. ROGERS, of New York (by request), also introduced a bill (H. Whereas information has been obtained, from source entirely .trustworthy,. which indicates that the full, thorough, expeditious, a nd a ccurate administr<~.tio p. · R. 6177) for the _relief of Charles W, Green; which was read a first and of the laws and regulations whlch pertain to our great Ameri~·ni>;.ttep ~~ySt e(n _; 1884. CONGRESSIONAL RECORD-HOUSE. 2223

i~ be\I!g ob3tructed and impeded on account of a deficiency in the ro?m and an and second time, referred to the Committee on Military .Affairs, and insufficiency of force at the djsposal of the Department of the Intenor: There- ordered to be printed. fore, . d h . h b t d R.esolved,&e.,ThattheSecretaryof~elnterlOrbe,an eiS .ere y,requ_es e _ C.ATHARL~E . ED::UONDSON. to report to this House such information as he may have touchlng the defiCiency of room and the insufficiency of force in the Patent ,Of?ce, and to what extent, Mr. BINGHAM also introduced a bill (H. R. 6205) granting a pen~ in his opinion, the rights of invent?X:S and the P:Ublic Interest are affected by sion to Catharine S. Edmondson; which was read a first and second the present want of room and additional force m that Department; and that 'he be requested to make such suggestio~s as he -';Da~ deem proper as to what time referred to the Committee on Invalid Pensions, and ordered to be legislation is necessary to remedy the gnevances mdicated. printed. J. G. BOSTATE.R. FREDERICK W ARDECKER. Mr. HILL introduced a bill (II. R. 6192) granting a pension to J. G. 1\Ir. .ATKINSON introduced a bill (H. R. 6206) granting a pension to Bo tater- which was read a first and second time, referred to the Com­ Frederick Wardecker private First Regiment Pennsylvania Reserves; mittee o~ Invalid Pensions, and ordered to be printed. which was read a ~t and se~nd time, referred to the Committee on ~valid Pensions, and ordered to be printed. ROBERT C. KiltK. EVIDEXCE L~ PE:NSION CA ES. Mr. ROBINSON, of Ohio, introduced a bill (H. R. 619~) for the re­ lief of Robert C. Kirk; which was read a first and second time, referred Mr. HOUK introduced a bill (H. R. 6207) to amend the pension to the Committee on Claims, and ordered to be printed. laws, and to prescribe certain rule of evidence in pensi?n cases; whi~h was read a first and second time, referred to the Committee on Invaliq APPOINTME...~T AND RETIRE:\IE:NT OF CERTAIN DISABLED OFFICERS. Pensions, and ordered to be printed. Ir. ROBINSO~, of Ohio, a~ introduced~ bill (H. R.. 6194) author- . C. B. PIIILLIPS. izing the appointment and retirement of manned and disabled officers Mr. HOUK also introduced a bill (H. R. 620 ) granting a pension to of the Army who were honorably disch~ged under the act of Jul~ 15, C. B. Phillips; which was read a first and second tim_e, referred to the 1870· which wasread a first and econd time, referred totheComnuttee Committee on Invalid Pensions, and ordered ~ be pnnted. on Mhitary Affairs, and ordered to be printed. ELISABETH FRENCH. SERAPHDI SCHUCHTER. Mr. HOUK also introduced a bill (H. R. 6209) restoring Elisabetll. Mr. MURRAY introduced a bill (H. R. 6195) granting a pension to French to the pension-roll; which was read a first and second tm;e, re. Seraphim Schuchter; which was read a.first and econd tim~, referrE-d ferred to the Committee on Invalid Pensions, and ordered to be pnnted. to the Committee on Invalid Pensions, and ordered to be pnnted. 1\IICAJAH JOI 'ER. R. D. LAWRENCE. 1\Ir. TAYLOR, of Tennessee, introduced a bill ~H. R. 6210) ~ P!J:Y Mr. MURRA. Y also introduced a bill (H. R. 6196) granting a pension the legal representatives of Mi~jah Jo~er, a pensiOJ?-er, for serTices m to R. D. Lawrence; which was read a first and second tm;e, referred to the war of 1812 due him at the time of his death; which was read a first the Committee on Invalid Pensions, and ordered to be pnnted. and second tim~, referred to the Committee on Pensions, and ordered to PETER FALIL.~E.R. be printed. 1\Ir. UURRAY al o introduced a bill (H. R. 6197) granting a pension CHILDREN OF HERBERT H. DODD. to Peter Falkner· which was read a first and second time, referred to the 1\lr. TAYLOR, of Tennessee, also introduced a bill(~. R. ~211) to Committee on !~valid Pensions, and ordered to be printed. pay the surviving children of Herbert H. Dodd, late a pnvate m Co~­ THO::\IAS LAWRENCE. pany D, Seventh Regiment Tennessee Cavalry, the amount due thell' Mr. MURRAY also introduced a bill (H. R. 619 ) granting a pension mother the widow at the time of her death; which was read a first aml to Thoma.s Lawrence· which was read a first and econd time, referred second time, referr~d to the Committee on Invalid Pensions, and ordereq to the Committee on 'Invalid Pensions, and ordered to be printed. to be printed. SALLIE JARRATT. LA,VRENCE CLIFFORD. l\Ir. PIERCE (by 1\lr. ELDREDGE) introduced a bill (H. R. 6212) fol' Mr. FORAN introduced a bill {H. R. 6199) granting a pension to the relief of Sallie Jarratt, executrix of Gregory Jarratt, decea ed, late of Lawrence Clifford· which was read a first and second time, referred to Hardeman County,·Tenne ;;:ee; which_was read a first and secoJ?-d time, the Committee on 'Invalid Pensions, and ordered to be printed. referred to the Committee on War Clarms, and ordered to be pnnted. JOH:N Sll\Il\IS. HEIRS OF ESTHER 1\I'llmLLEN, ETC. :hlr. WARNER, of Ohio,· introduced a bill (H. R. . 6200) for the relief of John Simms· which was read a first aud econd time, referred to the Mr. MILLER, of Texas, introduced a bill (H. R.. 6213) ~or the relief Committee on Invalid Pensions, and ordered to be printed. of the heirs of.E ther Mcl\fullen and James McGlom; which was read a first and second time, referred to the Committee on Claims, and or.., I~'T>IAN MAS ACRE IY OREGOY. dered to be printed. · 1\Ir. GEORGE submitted the following resolution of inquiry; which COIN AGE OF SILVER DOLLAR. was read, and referred to the Committee on Indian Affairs: 1\ir. CULBERSON, of Texas, introduced a bill (H. R. 6214) to repeal Resolved That the Secretary of the Interior be, and he is hereby, authorized the restriction upon the coinage of the silver dollar; which was read~ and reque' ted to make an examination and inyestigation into. the ~assacre by Indians of Dr. 1\larcus Whitman and others, m the Columbta Rtver Valley, first and second time, referred to the Committee on Coinage, Weights, Oregon, in 1847 and to report to this House th~ names and ages ~nd sexes of and Measures, and ordered to be printed. those massacred and also of all tho e who survived or escaped said massacre (at said times and places), and now 1i ving, with their present places of abode; and TRAN PORTATIOY OF DUTIABLE GOODS. what property, kind and value, was destroyed, and to rep?rt a~y and all f~cts Mr. HANCOCK introduced a bill (H. R.. 6215) to amend an act enti.., referring to said massacre, and to make such recommendations 1n the premiSes a the fact ascertained by him seem to justify. tled "An act 1A> amend the statutes in relation to immediate transpor­ tation of dutiable goods, and for other purpo es,'' approved June 10, ELIZA J. RAY. 1880· which was read a first and second time, referred to the Commit.... 1\Ir. MILLER, of Pennsylvania, introduced a bill (H. R. 62_01) for tee o~ Ways and 1\Ieans, and ordered to be printed. the relief of Eliza J. Ray, widow of John T. Ray, deceased; whiCh was G. W . AliiPSO.., AND BEYJAMIN HENRICKS. read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed. 1\Ir. HANCOCK also introduced a bill (H. R. 6216) for the relief of George W. Sampson and Benjamin Henricks, of Austin, Tex.; which J.A.l\IES A. MORRI 0~. was read a first and second time, referred to the Committee on Claims, :hlr. MILLER, of Pennsylvania, also introduced a bill (H. R. 6202) and ordered to be printed. reratinO'the pension of Jame A. 1orrison; which was read a first and PORT OF SAN ANTONIO, TEX. second time, referred to the Committee on Invalid Pensions, and ordered to be printed. l\lr. HANCOCK al o introduced a bill (H. R. 6217) to extend to th~ port of San Antonio, Tex., the privileg~ of the act of June 10, 1_880, LAND-OFFICE l\1AP OF THE UNITED STATES. &c.; which was read a first and econd time, referred to the Committe~ lli. BRAL.~ERD introduced a joint re'olution (H. Res. 213) author­ on Ways and Means, and ordered to be printed. izing the printing of 25,000 copies of t.h~ map of the United States pre­ L. 1\I. KELLEY. pared in the General Land Office; which was read a first and second time, referred to the Committee on Printing, and ordered to be printed. Mr. HA...~COCK also introduced a bill (H. R. 6218) for the relief of· L. M. Kelley; which was read a first and second time, referred to the. WILLIAM . :lliTCHELL. Committee on Indian Affairs, and ordered to be printed. 1t1r. BARR (by :Ur. BINGHAM) introduced a bill (H. R. 6203) fo~ the NATIOXAL BANK OF BARRE VT. relief of WilliamS. 1\Iitchell; which was read a first and second time, referred to the Committee on Claims, and ordered to be printed. Mr. POLAND introduced a bill (H. R. 6219) to authorize the Comp-. troller of the Currency to issue to the National Bank of Barre,_ V t.., CHARLES H. CA:\IPBELL. 1,300 of circulating notes, to replace the ~am~ amount of unSigncq :hlr. BINGIIAM introduced a bill {H. R. 6204) to restore Charles H. notes· which was read a first and second tlme, referred to the Com-. Campbell to'the rank of captain in the Army; which was read a first mitte~ on Banking and Currency, and ordered to be printed. 2224 CONGRESSIONAL RECORD-HOUSE. MARcH 24,

APPEALS FRO}I TERRITORIAL SUPREME COURTS~ ETC. ELIZA J. NORRIS. l\1r: POLAND also introduced a bill {H. R. o220) regulating appeals Mr. CONNOLLY introduced a bill (H. R. 6235) granting a pension from the supreme court of the District of Columbia and the supreme to Eliza J. Norris, widow of Dudley F. Norris, late private in Company courts of the several Territories; which was read a first and second I, Twelfth Regiment New Hampshire Volunteers; which was read a time, referred to the Committee on the Judiciary, and ordered to be :first and second time, referred to the Committee on Invalid Pensions, :printed. and ordered to be printe~. PUBLIC BUILDING AT SUPERIOR, WIS. PRIVATE LAND CLAil'IIS IN· LOUISI.ANA. Mr. PRICE introduced a bill (H. R. 6221) to provide for the erection 1\fr. ELLIS introduced a bill (H. R. 6236) to appropriate money for of a public building at Superior, in the State of Wisconsin; which was the survey of private land claims in the State ofLouisiana; which was read a :first and second time, referred to the Committee on Public Build­ read a :first aud second time, referred to the Commi~e on Appropria­ ings and Grounds, and ordered to be printed. tions, and ordered to be printed. l.'tiARY S. DOUGLAS. A. J. HERRON AND J. T. UPDEGRAFF. Mr. PRICE also introduced a bill (H. R. 6222) granting a pen.Sion to l\fr. BLANCHARD introduced a bill (H. R. 6237) appropriating Mary S. Douglas, mother of Thomas Douglas, late of Company C, $10,000 to be paid to the heirs of the late Andrew J. Herron, deceased, Second Regiment l\Iaine Volunteer Cavalry; which was read a first and late RepreSentative-elect to the Forty-eighth Congress from the State -second time, referred to tli.e Committee on Invalid Pensions, and ordered of Louisiana, and the same sum to the widow and heirs of the late J. to be printed. T. Upd~oraff, deceased, late Representative-elect to the Forty-eighth JOlli~ L. HUNTER. Congressfrom the State of Ohio; which wasreada:fi.rstandsecond time, Mr. PRICE also introduced a bill (H. R. 6223) granting a pension to referred to the Committee on Appropriations, and ordered to be printed. John L. Hunter; which wasread afirstandsecond time, referred to the WALTER · WADSWORTH. Committee on Invalid Pensions and ordered to be printed. Mr. CLEl\fENTS (by request) introduced a bill (H.~· 6238) for the JACOB B. WOOD. relief of the estate of Walter Wadsworth; which was read a first and l\Ir. JONES, of Wisconsin, introduced a bill (H. R. 6224) for the relief second time, referred to the Committee on War Claims, and ordered to of Jacob B. Wood; which was read a first and second time, referred to be printed. the Committee on Invalid Pensions, and ordered to be printed. LOAN OF TENTS, ETC. W. H. BENNETT. Mr. CLEMENTS aL~ introduced a joint resolution (H. Res. 214) au­ l\Ir. JONES, ofWisconsin, also introduced a bill (H. R. 6225) for the thorizing the Secretary of War to loan tents to the Rome l\filita.ry Com­ relief of W. H. Bennett; which was read a first and second time, re­ pany, of Rome, Ga., for the use of the military encampment at Rome, ferred to the Committee on Invalid Pensions, and ordered to be printed. Ga.; which was read a first and second time; referred to the Committee GEORGE E. FERNALD. on 1\-Iilitary Affairs, and ordered to be printed. · l\Ir. STEPHENSON introduced a bill (R R. 6226) granting a pen- JOHN J. HART . .sion to George E. Fernald; which was read a first and second time, re- l\fr. HAMMOND introduced a bill (H. R. 6239) for the relief of John ferred to the Committee on Invalid Pensions, and ordered to be printed. J . .Hart; which was read a first and second time, referred to the Com- REVENUE-MARINE SERVICE. mittee on War Claims, and ordered to be printed. . l\{r. OURY (by request) introduced a bill (H. R. 6227) to promote ' SARAH A. CHEATHAM. the efficiency of the revenue-marine service; which was readafirstand l\fr. BUCKNER introduced a bill (H. R. 6240) for the relief of Sarah second time, referred to the Committee on Commerce, and ordered to A. Cheatham, widow of James Stacks, deceased; which was read a fkst be printed. a11d second time, referred to the Committee on Invalid Pensions, and EDWARD B. HUBBARD. ordered to be printed. Mr. MANZANARES (by request) introduced a·bill (H. R. 6228) for ALASKA. the relief of Edward B. Hubbard; which was read a :first and second l\Ir. VAN EATON submitted the following resolution; which was time, referred to the Committee on l\filitary Affaii"S, and ordered to be referred to the Committee on Ways and Means: printed. Resolved, That the Secretary of the Treasury be requested to furnish the House UNIVERSITY IN NEW MEXICO. all the information in his pos ession with regard to any contract entered into by the Government, in which the Territory of Alaskaorthelandssituatetherein Mr. MANZANARES also introduced a bill (H. R. 6229) to reserve or the waters a~jacent thereto, or the industries. connected therewith are con­ lands in the Territory of New l\fexico for the benefit of a university in cerned, with any report in refet·encetheret.o,accoropanied with any suggestions aid Territory and providing for the selection and withdrawal of the he may see fit to make, and that he furnish the House with exact copies of all papers having reference to the subject-matter, whether said papers are original arne from sale or other disposal; which was read a first and second contracts or reports of customs officers or special agents connected with the time, referred to the Committee on the Public Lands, and ordered to be Treasury or with any other Department of the Government, which have beeu printed. tra,nsmitted to or are in the pos...<>ession of the Secretary of the Treasury. ASSAY OFFICE AT SOCORRO, N. MEX. ROBERT LYON . .Mr. MANZANARES also introduced a bill (H. R. 6230) to establish Mr. CASSIDY introduced a bill (H. R. 6241) for the relief of Robert .an assay office at Socorro, in the Territory of New Mexico; which was Lyon; which was read a first and second time, referred to the Commit- read a :first and second time, referred to the Committee on Coinage, tee Qn Claims, and ordered t.o be printed. · Weights, and Measures, and ordered to be printed. J. H. ALDERSON. STATE OF TACOMA. l\ir. CASSIDY also introduced a bill (H. R. 6242) for the relief of J . .Mr. BRENTS introduced a bill (H. R. 6231) to provide for the for­ H. Alderson; which was read a first and second time, referred to the mation and ad·mission into the Union of the State of Tacoma, and for Committee on Claims, and ordered to be printed. -other purposes; which was read a first and second time, referred to the JOHN T. LITTLE AND OTHERS. Committee on the Territories, and order~d to be printed. l\Ir. CASSIDY also introduced a bill (H. R. 6243) for the relief of J. C. & C. T. HULETT. John T. Little, John Q. A. Moore, Isaac P. Lebo, H. P. Phillips, and l\ir. POST, of Wyoming, introduced a bill (H. R. 6232) for there­ J. H. Cole; 'Which. was read a first and second time, referred to the Com­ lief of J. C. & C. T. Hulett; which was read a first and second time, mittee on Claims, and ordered to be printed. referred to the Committee on Indian Affairs, and ordered to be printed. PRAIRIE COUNTY, ARKANSAS. ORDER OF BUSINESS. Mr. DUNN introduced a bill (H. R. 6244) for the relief of Prairie The SPEA..K.ER. This concludes the call of States and Territories. County, Arkansas; which was read a first and seCQnd time, referred to If there be no objection, the Chair will now recognize gentlemen for the Committee on War Claims, and ordered to be printed. the introduction of bills, &c., who were not in their seats when their C. W. I. PUGH. States were called. There was no objection. ~ir. WHITE, of Kentuc1.."Y, introduced a · bill (H. R. 6245) for the relief of C. W. I. Pugh; which was Tead a first and second tiine, referred 1'11RS. JULIA H. TOTTEN. to the Committee on Invalid Pensions, and ordered to be printed. Mr. ROSECRANS (by Mr. SPRINGER) introduced a bill (H. R. 6233) .granting a pension to Mrs. Julia H. Totten; which was read a first and LEWIS C. DILS. econd time, referred to the Committee on Invalid Pensions, and or­ l\Ir. WHITE, of Kentucky, also introduced a. bill (H. R. 6246) for dered to be printed. the relief of Lewis C. Dils· which was read a first and second time, re­ ROBERT DEER. ferred to the Committee on Military Affairs, and ordered to he printed. l\lr. l\IORGAN introduced a bill .(H. R. 6234) for the relief of Roberi; ARREAR OF PENSIOXS. Deer, late sergeantFourteenth Kansas Cavalry; which was read a :first Mr. STEELE introduced a bill (H. R. 6247) to amend · ection 2 of .and second time, referred to the Committee on War Claims, and or­ ''an act making appropriations for the payment of arreru."S of pension dered to be printed. granted by act of Congress appro•ed Jannary 25, 187~, and for other pur- 1884. CONGRESSIONAL RECORD- HOUSEo 2225 poses,' • approved March 3, 1879; which was read a first and second time, thorized the formation of what was known as the board of public works, and in 1872 and 1873 that board, in the prosecution of its scheme for the improvement referred to the Committee on Pensions, and ordered to be printed. of the city and its suburbs, opened several of the streets and avenues running Wll..LIAM LAIRD. by or through the property in question, and at about the same time constructed a number of extensive sewers and paved the footways and gutters along the opened Mr. :McKINLEY introduced a bill (H. R. 6248) for the relief of streets. In order to avoid heavy grades the streets and avenues, so far as the William Laird, of Canton, Ohio; which was read a first and second property in question is concerned, were not run over the natural surface of the time, referred t{) the Committee on Invalid Pensions, and ordered to ground, but on grades very much above or below that surface, and conseq_uently upon completion of the work nearly the whole of the property of the p etitioner be printed. was left either ten or twenty feet above or below the grades of the several streets DANIEL P. W}IITING. on which it fronted. Upon inspection of the property your committee find that a large brick sewer Mr. STRAIT introduced a bill (H. R. 6249) granting a pension to has been built above the ground and diagonally across several of the largest and Daniel P. Whiting; which was read a first and second time, referred most valuable squares; and that the branch of the Baltimore and Ohio Railroad, to the Committee on Pensions, and ordered to be printed. which occupies- First street east, and which is constructed on an embankme nt about fift-een feet high, runs between those squares, separating them into two GEORGE A. IAEGER. portions. Each portion is occupied to a considerable extent by pools of stagnant water, which , owing to the construction of the streets on abnormal grades, have l\fr. STRAIT also introduced a bill (H. R. 6250) for the relief of a deficient outlet. The remainder of the property has been cut up by the streets George A. Ia-eger; which was read a first and second time, referred to into small parcels of land ten t-o twenty feet above grade. No houses, buildings, the Committee on Claims, and ordered to be printed. or improvements of any kind exist anywhere on any part of this property, and with the exception of a. dilapidated house built early in the century, and a. few UNITED STATES COURTS IN NEBRASKA. frame dwellings of little value, none exist anywhere in the neighborhood, and testimony has been submitted proving that this was the case in the past as well Mr. LAIRD introduced a bill (H. R. 6251) to provide for the holding as in the present. of a term of the district and circuit courts of the United States at Considering that this property was either arable land, common, or' mea-dow, and not only uninhabited, but remote from the settled portions of the city, your Hastings, Nebr.; which was read a first and second time, referred to committee is of tile opinion that the opening of streets, const.ruction of sewers, the Committee on the Judiciary, and ordered to be printed. and paving offootways and gutters was unnecessary in its vicinity. Inspection proves conclusively that any benefit derived from the execution of such works PUBLIC BUIT..DING AT HASTINGS, NEBR. has resulted to the 1Inited States and general public in obtaining a more easy Mr. LAIRD also introduced a bill (H. R. 6252) for the erection of a access to the Institution for the Deaf and Dumb, located at the eastern end of l\1 street, and not at all to the petitione1·; on the contrary, she has clearly expe­ public building at Hastings, Nebr.; which was read a first and second rienced great injury, her land being rendered useless for agricultural purposes time, referred to the Committee on Public Buildings and Grounds, and and unsalable for building site s, even had any demand existed, prior to the com­ ordered to be printed. pletion of the so-called improvements, for its appropriation to the latter service ; and your committee is therefore of the opinion that the petitioner is, and has LEAVE OF ABSENCE. been for many y ears, justly entitled t-o compensation for the injury done her Mr. DOWD, by unanimous consent, obtained leave of absence for property. In fixing the amount of this compensation your committee has considered: to-day, on account of sickness. First. The probable cost of bringing the squares and lots t-o the established WITHDRAWAL OF PAPERS. grades. The tota l area of the property that will require treatment some time is 1,069,2i6 square feet. Of this about 300,000 square feet are from 6 to 20 feet 1\rr. CALKINS, by unanimous consent, obtained leave to withdraw above, and about 750,000 square feet from 6 to 20 feet below grade; or 1,050,000 from the files of the House papers in relation to the pension case of John square feet will require grading. Taking the minimum figures, 6 feet, for the amount of the cutting and filling, the grading necessary rea-ches 6,300,000cubic w. Cummins. feet and 230,000 cubic yards. MESSAGE FROM THE SE.l."'iATE. The price of grading in this vicinity is22 cents per cubic yard, with all hauling beyond 200 feet at half a cent per cubic yard for every 100 fee't. To grade the prop­ A message from the Senate, by Mr. SYMPSON, one of its clerks, an­ erty in question will cost., therefore, $50,600 plus $1,150 for every 100 feet of hauling nounced that the Senate had agreed to the report of the committee of over the 200 feet allowed. As there is no available material nearer than 1,000 conlerence on t.he disagreeing votes of the two Houses on the amend­ feet, the cost of grading the property would probably exceed $60,000. Second. The testimony ofseveral real-estate dealel"l!, persons of experience,who ment of the House to the joint resolution (S. R. 64) providing for the have inspected tbe property and have assessed the damages done it by the so­ addition of $10,000 to the contingent fund of the Senate. called improvements. This testimony, which is under oath, places the amount at about $47,000. ORDER OF BUSINE~. Third. The evident depreciation of the property since the date of the improve­ BARBOUR. I call for the regular order. ments, which, as shown by the official assessments, certainly equals $60,000. The Mr. claim of the petitioner that the difference between the assessments of 1873 and The SPEAKER. This being the fourth Monday in the month, the 1883, amounting to ,.121 ,544, represents this depreciation, your committee do not regular order is the consideration of business reported by the Commit­ consider to have been substantiated. In their opinion the property never ap­ tee on the District of Columbia. The Chair is advised that there is no proximated in value to the assessment of 1873, and accordingly, in deciding upon the amount of depreciation, that assessment has been ignored. Considering the business from that committee on the House Calendar. foregoing, and after personal examination of the laud, your committee feel ju ti­ Mr. BARBOUR. I move that the House resolve itself into Commit­ fied in assigning - - as damages. tee of the Whole House to consider District of Columbia business on Furthermore, your committee find that in 1872, and thenceforward, the prop­ erty of the petitioner was assessed at an extraordinarily high rate and much in the Private Calendar. excess of the real value of the land. The evidence produced shows that that The motion was agreed to. particular section of the city is, and always has been, practically, uninhabited ; The House a~ordingly resolved itself into Committee of the Whole that little or no improvement has taken place since the original cession of the land to the United States, and that it never had any value except for farming or House on the Private Calendar, Mr. SPRINGER in the chair. gardening purposes; yet the property of the petitioner, after having been ren­ The CHAIRMAN. The House is in the Committee of the Whole dered useless for such purpo es, has been assessed at from $160,000 to $223,000. House on the Private Calendar for the purpose of considering bills relat­ For so excessive an assessment your committee can find no justification, and believe that the petitioner is rightly entitled to a revision of the assessments of ing to the District of Columbia. 1873, 1875, 1876, and 18i9. In accordance with th:1.t belief they have made such a Mr. BARBOUR. I ask that the House first proceed to the consider­ revision, and are of t !1~ o~' n i,,n that a mea.n b (!tween the present assessment ation of the bill (H. R. 4689) for the relief of Eliza W. Patterson. and that immediately prior to the assessment of 1872 is as near an approxima­ tion to a just valuation as can be obtained. The bill is as follows: · The assessment immediately prior to that of 1872 was the one made in 1869; Be it enacted, &c., That all national, municipal, and county taxes, general and and a mean between that and the present assessment would give $132,389 as the special, and all interests, costs, and penalties thereon, levied or assessed to and value for the last t-en years of the property of the petitioner. The annual taxes including June 30, 1883, upon the property (in the District of Columbia) now held on such an assessment would have been $1.,635 per annum, and, in the opinion of (or claimed) by WalterS. Cox and others, in trust for Eliza W. Patterson, widow your committee, that amount is all that should be charged against the petitioner of Carlile P. Patterson, late Superintendent of the United States Coast and Geo­ as general taxes from 1873 to 1883. Owing to the falling off of the revenue from detic Survey, be, and the same are hereby, remitted and canceled : ProtYided, That the land, due to the destruction of its agricultural character, and to the absorp­ any outstanding certificates of sale for ta,xes in the name of Carlile P. Patterson, tion of the husband of the petitioner in public duties and scientific pursuits, the late one of the trustees of said Eliza W. Patterson, shall be surrendered and can­ taxes on the property have for eight years been unpaid. The petitioner was celed: And prcwie some explanation of this matter before we are called upon estimate of the amount of indemnity whieh should be afforded: to give our votes upon·it.. Special taxes, and interest and penalties thereon ...... $13, 038 The report was ·read, as follows: Excess of general taxes interest, and penalties over and above a just charge ...... 23, !l68 That they h a ve considered said petition, and from the evidence submitted find Damage to the property by the operations of the board of public works. that the petitioner and her childt·en are the o wners of a considerable tract of Your committee find that the estate of the petitioner is now liable for taxes in land lying in the northt!astern section of the c~ty , the major por tion being situ­ arreal"Samo unting to$52,873, of which$22,496 is for g eneral taxes, $7,417 for special ated nort.h of .l\1 street and east of North Capitol street, and that prior to 1872 taxes, and S22,960 is interest and p enalties, and that this interest is increasing at this land was used for agricultural or grazing purposes. In 1871 Congress au- the rate of $3,350 per annum. Satisfactory evidence has been submitted proving XV- 140 2226 CONGRESSIONAL RECORD-HOUSE. MARCH 24,

that the property has been in the market for fully two years, has been offered And again, in 1865: "The peculiar difficulties which were to be expected dur­ for sale, both publicly and privately, and that an attempt was made in April, ing the war were fortunately met by the abilities of Mr. Patterson. His a-c­ 1883, to dispo e of a large quantity of ground at public auction but that no suc­ quaintance with naval routine and intimate knowledge of the local peculiarities cess has attended any of the foregoing effort-s, and in the opimon1 of competent of the Atlantic, Gulf, and Pacific coasts of the United States have b en specially experts the property is not salable, and this principally on account of the condi­ advantageous to the work. To his readiness of mind in consultation and sound tion in which it has been left by the operations of the board of public works. judgment of details the office is indebted for much of the success which ha at­ A comparison of the value of the lots as assessed for taxes, and the accumu­ tended its labors for the last few years." lation of taxes, penalties, and interest shows that the latter '\"ery closely approx­ The Secretary of the Treasury, Hon. William Windom, refers to the late su­ imates to the former and in many cases exceed it, and in several instances this perintendent as follows: excess of the taxes over the value of the lot equals several hundred dollars. "Combining wide experience with great judgment, he was eminently success­ Evidently the accumulation of intere t on the tax in arrears will soon absorb ful in the conduct of the great national work under his charge; andinhishands whatever small balance may now exist in favor of the owner. its scope was greatly enlarged and its character as a general geodetic survey The pet-itioner, Mrs. Patterson, is the widow of the late Superintendent of the became fully recognized. Coast Survey, whose services to science and the public were of so eminent a "His eft"orts have been so earne tin the performanceofthevariousduties which nature. The debt which ha accumulated against her estate was incurred en­ have devolved upon him that to his untiring prosecution of them the immedi­ tirely without her knowledge and through no fault of her own, and as she is •ate loss of his life is to be attributed. With unbounded zeal and cea ele energy now in embarrassed circumstances and without means of support, your com­ he pre don without taking the relaxation which nature demanded. ' mittee, believing that she is JUStly entitled to damages far exceeding any indebt­ We do not take this occasion for eulogizing the character, the profes ional edness to the United States or to the District, have drawn up the accompanying ability, or the services of C. P. Patterson. It is due to him, however, to add here bill and recommend its pa-ssage. that since 1874, when he became superintendent his private affairs a well as Your committee, at the same time, request to be discharged from the claim his health, were utterly neglected, as being hardly worthy of consideration in for $4,112.27, for destruction of barns, agricultural implements, and produce, comparison with the importance of his public dutie . contained in the petition, and suggest their reference to the Committee on War For his eminent services above referred to no special claim for consideration Claims. is made, but to those of an extraofficial and unpaid character we beg leave to Your oommittee ask that the report of the select committee of the Forty­ <'.all attention. seventh Congress upon this subject be published, and adopted as a part of this REVENUE-MARINE SERVICE. report. ·· In 1869, December 16, the Secretary of the Treasury appointed a special com­ mission to consider and report upon the cha:racterofve selsbe tadapted for the [House Report No. 1432, Forty-seventh Congress, first session.] revenue-marine service, together with such views and conclusions upon other Mr. KAssoN, from the Select Committee in relation to the late Carlile P. Pat­ matters as might appear t<> them calculated t<> advance the interests of the serv­ terson, submitted the following report, to accompany bill H. R. 6428: ice. The Select Committee in relation to the late Carlile P. Patterson, to whom The commission consisted of two officers of the revenue marine and of C. P. was referred the bill (H. R. 6428) for the relief of Eliza W. Patterson, submitted Patterson, selected as its president. The report of the commission was made the following report thereon : May 1, 1870, and its recommendations were in the main approved by the Secretary The beneficiary, Eliza W. Patterson, is the widow of the late Carlile P. Pat­ and ordered to be carried into effect. The condition of the service and of its per­ terson1 Superintendent of the Coast and Geodetic Survey of the United States, sonnel at the above date may be inferred from the radical chn.nge made and who d1ed suddenly, in August last, while in the performance of his duties as their prompt acceptance, and from the great reduction of expenses and the in­ such officer. Captain Patterson had been connected with this branch of the creased efficiency which followed. public service for more than twenty years, during which period his service was The long experience of Mr. Patterson in the construction of vessels specially distinguished by its great usefulness and the absolute fidelity with which he fitted for particular purposes and localities, his knowledge of all the coasts of the discharged all his functions. United States, and of the cruising grounds a-djacent to the principal po":rt.s, as The character of the service rendered by him deserves more than a passing well as of the duties and qualifications required of the officers of the service, ~ mention. During and since the civil war he rendered important extraofficial pecially entitled him to take a leading part in this important reform, and expe-' services to the Government for which no compensation was provided by law. rience has proved that it was thorough and successful. During his connection with the Coast Survey, in addition to his constant labors The vessels were divided into first, second, and t.hird class steamers and sail­ in that department, he was made chairman of the commission to reorganize the ing vessels, varying in size from seventy-five t<> three hllndred and fifty tons. revenue-marine service; a member of the commission to examine and test life­ to be built for and assigned to the different localities in view of the requirementa saving apparatus and appliances; of the board to prepare a plan for the improve­ in each case; the number of vessels was reduced from thh·ty-five to thirty-two, ment of the harbor of\Vashington; oftheinteroceanicCanalCommission; and and of officers and men from 1,266 to 1,061, making an annual saving in the lat­ of the Light-House Board; and was called upon for various minor services too ter case alone of over $203,000. numerous to recite. Captain Patterson, equally with Professor Henry, is en­ The following comparison was made between the amounts needed by the old titled to recognition for the great improvement in the public service above re­ system and the one recommended: ferred to, and for the very great economy in public expenditure which resulted Old system for the fiscal year ending June 30, 1872 ...... $1,446,400 from his long attention and great labor bestowed upon the question, not only New system for the fiscal year ending June 30, 1872...... •...... 943, 638. increasing the efficiency of the service, but resulting in a reduction of expenses exceeding a million and a half dollars. For all extraofficial services above re­ Leaving a balance in favor of reform of...... 502,851 ferred to no compensation was ever made to him by the Government. The press- • ure of all these duties and the constancy of his labor led to the absolute neglect The actual expenditures fo.r the year ending June 30, 1872, amounted to of all private interest . $930, U9. 81. During this period the then government of this District embarked upon that In the annual report of S. I. Kimball, chief of the bureau for the abo>e year, great sckeme for the improvement of the city of"\Vashington which wa,s extended he states "that the increased efficiency and decreased cost above shown are beyond the wants of the cityiand reached the farm land occupied by the family principally due to carrying into effect, as far as practicable, the recommenda­ of G'aptain Patterson and be ongingto his widow. Enormous injury was done tions of the special commission above referred to, and to the strict enforcement to the property, for which, instead of being compensated, heavy taxes were as­ of the revised regulations promulgated August 1, 187L" sessed. Disputing their validity, and without means to pay the charges, inter­ And now, in 1881, as the result of the experience, scienceJ and labor brought to. est and penalties were added thereto, and the taxes, interest, and penalties bear by Mr. Patterson on this much-needed reform or the revenue-marine remain unpaid to this day. A bill was prepared on behalf of Captain Patterson service, Mr. Kimball states that while the expenditures still fall within the for relief in chan eery for the wrongs done and assessments made. · original estimate of the commission, the efficiency of the service has been in­ At the request of the District commissioners the proceeding was stopped, on creased fivefold. their assurance that justice should be done. No action, however, was taken, and It would be safe to estimate from the official published reports in connection the condition remained unchanged at the time of the death of Captain Patter­ with this subject, from 1870 to 1880, that a total saving hns been effected of more son. If these charges are legu.l, they would nearly absorb the value of the es­ than a million and a half of dollars. (Senate Ex. Doc., No. 93, Forty-first Con­ tate. gress, second session. Also letter, dated December 28,1881,from E . W.Clark. Captain Patterson left his family almost totally unprovided for and in great esq., chief of division.) · distress for the means of support, leaving also debts for even the necessaries of UlooJ:TED STATES LIFE-sAVING SERVICFJ. life. His death disclosed the fact that his entire assets left for the benefit of his family amounted to about $500, while the debts last above referred to far exceed In 1871 the Secretary of the Treasury appointed a commission to determine that sum. the nature of the life-saving appliances to be furni bed to the tations. Mr. Under these circumstance your committee deem it their unquestioned duty Patterson was elected as one of it members. The commi ion met at Sea­ bright, coast of New Jersey, and there examined and practically tested the va­ to recommend the recognition to w~ich the uncompensated services of the de­ ceased are entitled in the form proposed by this bill, which will furnish some rious devices then known, among which were many of a novel character, for means of support to his family, and without which they will be reduced to pov­ bringing ashore persons from stranded vessels. erty. They therefore recommend the passage of the accompanying bill as the S. I. Kimball, esq., General Superintendent of the Life-Saving Service, in a roo t fitting method of doing that justice which the Government owes to a de­ letter addressed to the committee, December 28, 1881, refers as follows to the cea ed officer unsurpassed in his fidelity and distingui bed by the extraordi­ services of Mr. C. P. Patterson: nary and ll.npaid services whic.h, during twenty years, he has rendered to his "There was no member of the commission to who e opinions greater deference country. was accorded or whose voi<'.e was more potential in determining the selections Reporting back the memorial referred to them and making it a part of their than 1\Ir. Patterson's, and his services on this occasion were of signal value. report, the committee unanimously recommend the passage of the accompany­ This was the only connection he ever had wiih the Life-Saving S rvice in an official capacity, but his interest in the operations of the service was active and ing bill. unceasing. His counsel was frequently and freely ought by the officers of the service up to the time of his death, and there was no person upon whose friend­ Memorial ask:i,ng suitable recognition by Congress of the special services ren­ ship and wisdom they more absolutely relied." dered the Government by the l!tte Carlile P. Patterson. To the honorable Senate and IMPRO>E:n:ENT OF THE HARBOR OF WASHINGTON. House of Representatives of the United States of America: The act of Congress approved by the President 1\Iarch 5;1872, "to provide for The undersigned, recalling the great attainments, high character, and excep­ the survey of the harbor and river at Washington, and to report to Congt·c a tional devotion to duty of the late C. P. Pattei on, and believing that the serv­ full and comprehensive plan for openin~, improving, and developing tbe \Vater ices he rende red to the country demand something more than their mere silent channel, and also the feasibility of reclauning, in any improvement suggested, acceptance by the Government, have deemed it just and proper to roll the atten­ the swamp and marsh lands along said wate r front," appointed by name.Ca.r­ tion of Congre to the case, with a view to such adion in the premises as may lile P. Patterson as a member of the board. The board, of which the Chief of be deemed advisable. Enginee:rs, Brig. Gen. A. A. Humphreys, was president, consisted of five mem­ 1\Ir. Patterson served for twenty years in the survey of the coast, fir t as hydro­ bers. graphic inspector, from May 4, 1861, t<> February li, 1874, and from the latter date There were four meetings of the board, at the last of which, Deoomber 12. to the day of his death, August 15, 1881, as its superintendent. 1872, the minutes of the proceedings state that "Captain Patter on presented nn How well and with what success he performed the duties pertaining to each elaborate report and plan for the improvement of the river and harbor, which po ition is known to and appreciated by Congress and the Government. His was oonsidered at length, and, on motion, the report and plans were approved." services during the eventful period from 1861 to 1865 call forth an emphatic ae- The study of the subject wa-s thorough and exhaustive. It included every de­ 8 1 2 tail affecting the commerce of the District, the reclamation of the marsh lands, ~~~:1~fu~~~~0~n~~~~~d~r~~t::~e~ =~::~?~tro':~~~~e ~ ~! the bridge , wharves, sewerage, &c., and entailed upon itsauthorunusnalln.bor ncction with the blockading squadrons have called for more than usuala.-ddre s and discrimination both in the field and office. The examination of the report and promptitude in action. As the instances occurred the difficulties have been can alone show the extent and value of the services performed by l\Ir. Patterson met and overcome with the sound judgment that has always directed the ordi­ in connection with this import.arit subject-. (Senate 1\lis. Doc. No. 15, Forty-st>o­ nary details of the hydrographic division." ond Congress, third session.) 1884. CONGRESSIONAL RECORD-HOUSE. 2227

INTEROCEA...~-IC CANAL. the use of the public buildings. In pursuance of that act a search was On the 15th of March, 1872, the President appointed a. commission to report in instituted, and a spring was found near the head of this Tiber Creek, regard to the different interoceanic canal surveys and the practicability of the construction of a ship-canal across this continent. which the Government appropriated for the use of these buildings. The commission consisted of Brig. Gen. A. A. Humphreys Ohief of Engineers, That water is now being used here. The other claimants who were Mr. Carlile P. Patterson, and Commodore Daniel Ammen, United States Navy. affected by the destruction of that little stream which passed through At the above date some of the surveys were still in progress, and from this cause it was not until about two years afterward that a formal meeting of the their homes were settled with by the Government but the owner of this commission was held. A careful study of the ten different routes proposed for particular property never was settled with. Some arrangement was the canal was indispensable before any conclusion could be reached, and the entered into between him and the Government by which his damages final report was not made until February, 1876. The labor of examining into the relia.bilit.y of the different surveys, into the accuracy of the estimates and of were to be left to arbitration, but they were never settled or audited. the cost and relative practicability of each route, a due portion of which was Neither he nor his heirs have received a farthing of damage for taking performed by Mr. Patterson can only be fully understood and appreciated by the water of Tiber Creek to be used for the purposes of the Government the engineer and hydrographer. In reference to the unanimous conclusion of the commission, R-ear-Admiral D. Ammen remarks in a letter dated December in its public buildings in this city. .As I have said, he had on this little 24, 1881: " Its importance will not lessen until the recommendations of the com­ stream a grist-mill which was a source of a great deal of revenue to him. mission are carried out." Of course its usefulness was destroyed when the water was taken away. LIGHT-HOUSE BOARD. Mr. DUNHAM. I rise to a point of order. It is utterly impossible Mr. Patterson was a. member of the Light-House Board for nearly seven years, from February, 1874, to August,l881. · to hear anything the gentleman will say, and we will be compelled after Commander George Dewey, United States Navy naval secretary to the board, a while to cast our votes on this bill without knowing anything about it. states in regard to the services of Mr. Patterson, •1That during the whole of the I will ask the gentleman from Michigan to take a position in the rear above period he was chairman of the committee on lighting, and in that capa{)ity he made seventy-one reports, containing au aggregate of six hundred and sixty­ of the Hall in order that we may hear him. five folios, on important matters, which required grave consideration. He was Ur. ELDREDGE. My voice is rather bad this morning, as I was sick also, from time to time, chairman of a special committee, as business made it nearly all night, but as the bill is now before the committee I must do necessary, and was for several years a. member of the committee on floating aids." During the seven years there were one hundred and ninety-thee meet­ the best I can. ings, most of which Mr. Patterson attended; and he was always 1·eady to give This individual suffered much damage in consequence of the destruc­ the board advice on any required .. subject in the intervals between formal tion of the value of his property by the destruction of his water rights. meetings. 1\Ir. Patterson was a member of the board, selected and appointed by t.he Sec­ There was another claim presented in this petition, and it is of this retary of the Navy, in 1865, to ascertain and report upon the best locality for character. In the year 1861 a regiment of raw and undisciplined troops laying up the ironclads and iron vessels of the Navy. was encamped upon the property of this lady, Mrs. Patterson. They He was also a membe.r of other boards at different periods, to which he was called either as an expert in hydrographic science, or from his high personal burned her barns and various out-buildings, destroyed agricultural im­ character, or from the known enthusiasm with which he would perform any plements, and were guilty of other damages. A commission appointed service tending to the advancement of the interests or credit of the country. by the commander of a brigade then in town and who had charge of The family of Mr. Patterson is left without provision and greatly embarrassed. · The undersigned, therefore, respectfully pray Congress to take into consider­ the matter examined into the destruction of the property, reported it ation the facts above stated, and to grant such relief as justice and the circum­ was the result of the acts of this undisciplined regiment, and the dam­ stances appear to require. ages were assessed at $4,112.27. Of that amount she has never re­ WM. T. SHERMA.J.~. GEO. H. PENDLETON. ceived a single farthing. RICH'D D. CUTTS. EUGENE HALE. G. V. FOX. JOHN A. WATSON. But the main question of damages arises out of the destruction of S. G. KIMBALL. EDWARD P. LULL. property in consequence of the running of streets by the board of pub­ JOHN RODGERS. JOHN SHERMAN. lic works through this property. WM. . D. KELLEY. FRANCIS l\1. OObKRELL. WM. G. TEMPLE. JNO. D. 0. ATKINS. Many years ago, when the board of public works were improving this SAM. J. RANDALL. GEO. 1\I. ROBESON. city, they found it necessary to run three streets through her property. DAVID D. PORTER. ROB'T M. 1\lcLAl."ffi. In the grade which they :fixed for those streets they left her property A. A. HUMPHREYS. piled up ten to twenty feet high on each side of the streets, or else de­ Mr. W ARNER1 of Ohio. I do not ask for the reading of the other pressed from ten to twenty feet below the level of the grade which they papers in the report. had adopted. The result is, as shown by the evidence taken by the Mr. BROWNE, of Indiana. Let us have a vote. committee, that it will cost the owner of this property at least $60,000 ll:lr. BARBOUR. Mr. Chairman, as the House expects some expla­ to put it in such condition that anybody on earth would be willing to nation of this matter, I will yield so much of my time as may be nec­ buy it. essary to the gentleman from Michiga.n [Mr. ELDREDGE] who submitted The taxes on this property accumulated for eight years afterward, the report in this case, in order that he may answer any questions which the lady having no idea but that they were being regularly paid. It gentlemen may have to propound-and also to n:inke what further expla­ was only after the death of her husband that she ascertained the fa-ct nation he may deem proper. of their non-payment. Since that period she has herself paid the taxes. ll:lr. ELDREDGE. As soon as this matter is pre!:ented to the House, Now the taxes that are unpaid and the fines and the interest upon the Mr. Chairman, instinctively the members on both sides put themselves ta.xes unpaid amount to about $50,000; but the real tax, without in­ upon the defensive, a,nd for myself I acknowledge thJ.t when the petition terest or fines, amounts to between 521,000 and $22,000. She claims was 1·eferred to the subcommittee on claims of the District of Columbia, that she ought to be relieved from this tax, and the committee believe, in common with my associates, in beginning the examination into the with one single exception, they being, with that exception, unanimous merits of the claim, I entertained about the same feelings as are enter­ in their opinion, that the lady ought to be relieved of the tax upon the tained by gentlemen on this floor. property. Entertaining that belief the committee brought in this bill The bill now pending is predicated upon the petition filed by the relieving her from the tax, with the understanding that she is to release claimant in this case, Mrs. Patterson. From the h ::.!;h social standing all other claims that she may have against the Government, that is to of that lady, and from the honorable and meritorio •:-~ services rendered say, all of the other claims that are embodied in this petition. to the country by her husband, as well as a dispos; -;m to do exact jus­ Ur. TUCKER. That appears on the face of the bill. tice, the s;ubcommittee on the District of Colnmhia wok utraordinary Ml'. ELDREDGE. Yes, sir. pains to make a full and complete investigation of all the matters be­ Mr. CANNON. Let me ask how much of the taxes do you recom­ longinp; to it. And the more they have investigated the subject the mend in the report to be released? more fully they have become· satisfied,· Ur. Chairman, that the claim Ur. ELDREDGE. The ta_~, as I have-said, with interest and penal­ is an entirely meritorious and just one, and that it is the duty of this ties, amounts in all .to about $50,000. The tax proper amounts to about House to pass the pending bill with the amendment reported by the $21,000 or $22,000. The remainder is made up of interest, penalties, &c. committee. ll:lr. Chairman, if there ever was a bill of a private character intro­ Mr. WAlT. The position of the gentleman from Michigan in the duced into this House for the relief of any person that should commend Hall is such that we can not hear his remarks, and I hope he will come itself to the consideration of this Honse I believe this bill to come more into the center of the Hall. within that rnle, and to come within it upon its unquestionable merits. Mr. ELDREDGE. I am only going to detain tae committee for a It is a bill thatoughtto be passed, and I hope will pass. It is right that short w bile in a brief explanation of the matter. I was ahout to remark. it should pass. I have examined this property and the subcommittee Mr. Chairman, that this bill is based upon the petition presented to the have examineditwithme. We have given it careful and thorough ex­ Committee on the District of Columbia, which was referred to the sub­ amination; and I say here solemnly that, for myself, if this property committee of which I was a member. We took extraordinary pains, I was given to me as a present-that is, all of the lots which border upon will repeat, in the examination of this claim. It is com po ed of three the streets running through the property-on condition that I should claims, in fact. The :first one set up in the petition is for the dPstruc­ pay the taxes, I would not accept the gift, for I do not believe the prop­ tion of water-rights of the owner of this property, who is the father erty at this moment can be sold, or, if sold at all, for enough to pay the· of the present claimant. . tax. Many years ago Mr. Pierson was the owner of the property in refer­ Mr. DUNN. Will the gentleman pennit me to ask him a question? ence to which this lady claims she bas suffered great damage in conse­ Mr. ELDREDG-E. Yes, sir. quence of the cutting through of certain streets. Mr. Pierson owned Mr. DUNN. I see from the latter part of thi<~ bill that you require a grist-mill on a little stream near here called Tiber Creek. the claimant here to surrender and cancel and waive certain c1aim.~ Many years ago Congress passed an ad appropriating about $40,000 against the District in consideration of the relief granted here. for the purpose of ascertaining where they could obtain pure water for l\1r. ELDREDGE. Yes, sir. 2228 . CONGRESSIONAL RECORD-HOUSE. MARCH 24,

Mr. DUNN. I understand you to state dlstinctly that one of the Mr. CANNON. Was there any machinery by which damages could items of damages and one of the claims surrendered by this release is be assessed when these improvements were made? the $4,000 for the destruction of certain property, which claim has been Mr. HORR. I am not familiar with the manner in which the city already assessed and ascertained by the commission appointed to exam­ authorities arranged the assessment of these taxes. I do know if you ine it. will go over the property the very sight of it will show you those streets 1\fr. ELDREDGE. Yes, sir. damaged it inlmensely instead of benefiting it. Mr. DUNN. Now, I ask the gentleman why she should be required l\lr. CANNON. I ask the gentleman further whether the owner of to surrender that? the property has had a day in court; whether she has had a chance to Mr. ELDREDGE. The proposition came from the claimant herself. be heard touching the question of damages? I do not know of any other reason. l\Ir. HORR. I do not know that anybody here had that opportu­ Mr. DUNN. I understand the question of the relinquishment of the nity. I think not. tax by the Government stands upon its own merits, resulting from the Mr. CANNON. Why, certainly. I think there can be no doubt of wrongful if not the criminal exercise of the power of certain officials at the proposition that when these improvements were made there waB the time these improvements were being made. an MSessment both of the benefits derived by private property and the Mr. ELDREDGE. Well, I can not sa.y criminal exercise of power. damages sustained by it through tho e improvements. The property was certainly injured by them, but not criminally. Mr. HORR. I presun1e that took place. But my reply to the gen­ Mr. DUNN. Very well, then; we will call it the wrongful exercise tleman is that when that was done they found this property should pay of power. But the property was injured in the pl'OCess of carrying out for the benefits to this large amount. Now, suppose, as was the case, certain improvements in this District. Why, then, should she surrender the improvements did actually damage the property instead of benefit­ this property and her other claims against the Government in considera­ ing it, why, then, does not the gentleman see that it ruins the property tion of receiving what she is entitled to receive under this bill? to make it pay these taxes? Mr. ELDREDGE. She is perfectly willing to waive them all in con­ Mr. CANNON. Can the gentleman· answer me another question? sideration of the pa..~ge of this bill,. the release of the tax. Mr. HORR. I do not know. Mr. DUNN. That maybe all verytrue, because sometimes a person Mr. CANNON. Can the gentleman tell me whether after these im­ who is condemned to be hanged is willing to enter upon a lease of life provements were made the property was less valuable in the market for only one hour when he may be rightfully entitled to his full share than before they were made? of it according to the course of nature. Mr. HORR. Yes, sir; there is no doubt about it. Mr. TUCKER. Let me interrupt the gentleman to sa.y that is just Mr DUNHAM. I will ask the gentleman to state further whether about the condition of this lady. She has bcim compelled to waive her it is not a fact that this lady advertised the property a year ago and rights in order to get a part of what she is entitled to. could not get a bid for it? Mr. DUNN. And the question that I desire to ask in this connection l\f.r. HORR. She has several times tried to sell it, but could get no is whether it is right or not to place her in that position and require bidders to an amount that would leave her with anything. She could this relinquishment? not sell it for enough to pay the taxes. Mr. ELDREDGE. Perhaps not. I do not pretend to sa.y that it is; l\Ir. CANNON. Did the committee make the necessary investiga­ but the committee, as the gentleman will see, would hardly be justi­ tion to ascertain if this was the only case, or are there tens and hundreds fiable in giving the claimant more than she asks. of other similar casllS? Mr. DUNN. She ought to have .what she is entitled to. Mr. HORR. I aBked that question of members of the committee Mr. WARNER, of Ohio. Of course. But this is her own proposi­ and they told me that with the exception of the· Carroll property, to tion, as I understand it. which we gave this relief a week or two ago, this is the only remaining Mr. ELDREDGE. Yes, sir. . case. Mr. MULDROW. I rise to a question of order. It is utterly im­ Mr. CANNON. Let me ask one further question. Is it not true possible to hear what is going on. We can not hear the gentleman in that every dollar of these delinquent taxes aB well a8 all other delin­ charge of this bill. quent taxes is pledged to the redemption of what are called the im­ The CHAIRMAN. The Chair is endeavoring to preserve order. provement bond$, and if you vote this 50,000, in other words relin­ Mr. CANNON. Before the gentleman yields the floor I want to ask quish this tax, does it not mean that we pledge ourselves to appropri­ for a copy of the report in this case. It seems impossible to get it. I ate from the Treasury $50,000 to replace it? have sent to the document-room without success. Mr. HORR. As I understand it that is precisely the fact. If we Mr. ELDREDGE. They can not be obtained. I yield now :five release this tax of $52,000, one-half of that amount will have to come minutes to the gentleman from Michigan [Mr. HORR J. out of the whole property of the city, and the other half of it will have Mr. HORR. ~fr. Chairman, this4;notthe :firsttimethatthis bill has to come out ·of the pockets of the people-of this nation to make those been before the American Cctngress. It was before the Forty-seventh bonds good. I have no doubt about that.· Congress, and came, as I now remember, within three or four votes of Mr. CANNON. I ask the gentleman further whether his commit­ being passed by a two-thirds majority. tee considered-- ' I agree with the- report of this committee, and I do so after having Mr. HORR. It is not my committee. I am not a member of it. examined, with considerable care, all the facts connected with the case. Mr. CANNON. I ask him whether he is aware that the committee I wish to sa.y here that as a rule I should oppose all bills of this kind. considered the propriety of allowing the owners of these properties to When this city was improved under the administration of Mr. Shep­ go to the Court of Claims and have the question of benefit or damage herd there were some hardships which transpired that nothing but an adjudicated. act of Congress can remedy. In saying this I must also sa.y that I con­ ~Ir. HORR. I do not know whether the committee have considered sider that his improvements and plans did more for the city of WaBh­ that or not. ington than perhapsanythingthateverhappened to it since its organi- The CHAIRMAN. The time of the gentleman from Michigan has zation as a city. · expired. The _gentleman from Virginia Ll\lr. BARBOUR] is entitled to But in this case here was a property valued at over $200,000 at that the floor. time. They cut sewers through it, cut streets through it, and :finally l\lr. HORR. I am informed by the members of the committee that assessed a tax against it of over $21,000. The fact is that instead of the the proof before the committee is clear that it would sacrifice this entire laBt assess.ment upon that•property showing that it ha8 increased in value property to require it to pay these taxes. Now, I say that species of by these improvements, they have cut down the assessment to less than confiscation ought not to be permitted by the American Congress against one-half of what it was at that time, showing that instead of increasing any widow in the United States, however it might be in the case of a its value they actually injured the value of the property to a very large full-grown man. extent. Something like $53,000 of taxes have accumulated upon it, Mr. CANNON. I did not hear the gentleman's remarks. Will he due previous to the two years past. This lady has struggled and paid be kind enough to repeat it? the tax for the past two years. And what she asks of Congress is to re­ Mr. HORR. I say it is a kind of confiscation that in my judgment lieve her of those previous ta,xes which were in effect nothing less than this Government ought not to allow toward any widow woman in the a confiscation of her estate. It has been utterly impossible for years land, even if it would do it toward a full-grown man. for her to have sold the entire property so as to have paid what they The CHAIRMAN here mpped to order. claim the improvement has added to its value. This is a matter of fact. ~Ir. CANNON. Will the gentleman !rom Michigan allow me to There is no doubt about it. And to-day it is doubtful whether if she make one further suggestion there? should sell the entire property under the hammer it would bring enough Mr. HORR. Certainly. topaythetaxesthathavebeenleviedagainstitastaxesforimprovements Mr. CANNON. Is it not true these taxes were levied ten to twelve which were supposed to benefit the property, and were_levied upon the years ago? . ground that they had benefited it that much. Now, that is all there The CHA.IRl\IA.N (rapping). The gentleman from illinois is out of is ofthis case. · order. The Chair has requested gentlemen to be in order. Mr. ·caNNON. Will the gentleman permit me to ask him a ques­ ~Ir. HORR. I am holding the floor hy the courtesy of my colleague tion? from Michigan [~Ir. ELDREDGE], whom I do not now see. Mr. HORR. Certainly. I will not agree to answer it, but I will if The CHAIRMAN. The Chair has informed the gentleman from I know how. l\Iichigan that the :five minutes yielded to him has expired. 1884. CONGRESSIONAL RECORD-HOUSE. 2229

Mr. BARBOUR. Does the gentleman from Michigan [Mr. HoRR] Mr. HORR. I do not ca,re how long this colloquy may go on pro­ want more time? vided the gentleman from Virginia [111r. BARBOUR], by whose consent Mr. HORR. Just a few moments. I occupy the floor, will yield me the time. Mr. BARBOUR. I will yield to the gentleman. Mr. BARBOUR. It seems to me desirable for a proper understand­ Mr. HORR (t.o Mr. CANNON). Now, then, what is your question? ing of the merits of this case that the explanation of the facts should Mr. CANNON. Pa.rt.ly in the form of a question, partly by way of be presented regularly by a member of the committee who has made reply to the last remark which the gentleman m..t in 1874 the as I understand, the relief should be for the widow of Carlile Patterson. most valuable portion of this property was heavily mortgaged in order The suggestion has been made to me and I want to ask the gentleman to Qbtain funds for the payment of taxes: . whether or not it is true that this property is heavily mortgaged to Mr. SPRIGGS. If that is so, I am sure the gentleman who asked third parties; if this appropriation is made the property will still be me the question will not vote to refuse this relief because of that mort­ swept away from Mrs. Patterson, and this will practically be an appro­ gage. priation for the benefit of the mortgagee? If that be so, while we are Mr. WASHBURN. I only referred to that as indicating possibly the generous would it not make our generosity more effective by a direct necessitous circumstances of this lady. appropriation to Mrs. Patterson? Mr. SPRIGGS. That being so, it is an additional reason why the Mr. HORR. I can not answer that question, for this is the :first inti­ bill should pass. mation I have had of anything of the kind in connection with this case. Mr. BUCKNER. Can the gentleman inform us whether Mrs. Pat­ It does not seem to me that in investigating this matter we need to terson or anybody on her behalf ever presented her claim for damages bother our heads about that. before the board of audit? Ifthese taxes were levied through mistake, by inadvertence, or through Mr. SPRIGGS. It was never so presented. There was a board of misjudgment, contrary to good business principles, in such a manner audit, before which this claim might have been made. The excuse for as to act like a confiscation of the property of this widow woman, then not presenting it to the board is given in the report previously made in I say we ought to give her this relief. this case. This excuse will be best appreciated by gentlemen who Mr. WHITE, of Kentucky. Is it not a fact that the property is valued knew Mr. Patterson. He neglected to presen~ this claim before the to-day at 100,000 less than it was when these improvements were made board of audit, though claims to the number of several thousand were by the District authorities? presented before that board, and over $800,000 was allowed by the board Mr. HORR. It is appraised to-day at more than $100,000 1{'88 than upon claims of this kind. . · it was when the work was done. But though the party interested in this claim flilled to push it before Mr. GUENTHER. I would like to ask the gentleman a question. the board of audit: does .that detract from its equity? If it would have 2230 CONGRESSIONAL RECORD-HOUSE. }lARCH 24,

been right for the board of audit at that time to· allow the claim, is it ~Ir. SPRIGGS. Yes, sir. not right for us to do so now? Mr. .MILLIKEN. Is it not true also that, by the damages done to Mr. Chairman, I never believe in talking for the sake of talk, and I this property by these improvements, to-day if this tax is exacted the do not know that I could say any more in favor of this claim if I should estate will be entirely confiscated and no property left? talk an hour. ~Ir. SPRIGGS. That is true. From an examination which I have I have given you salient points. I have shown you that in 1873 this made myself, I am entirely satisfied that there is no gentleman on this propertywasassessedat 223,000 and in 18 3 it was assessed at $102,000. floor who would go and look at that property and agree to give the I do not care if this occuned whetherthe damage was caused by these amount of the tax that is now due upon it. · ·improvements. It has not been done because the property has depre­ Jlfr. MILLIKEN. Is it not then a question whether or not we shall ciated in the last ten years to that extent. If you were sitting as a confiscate the estate? jury and the question was as to the lady's right to claim damages, in Mr. SPRIGGS. That is practically the question. order to fix and show what the damages were· I would put the assessors Mr. MILLIKEN. That is the result of the question that is before -upon the stand to prove what the assessment was in 1873 and what it the House? was in 1883, and then ask you as fair men to strike a balance between ~Ir . SPRIGGS. Yes, sir. the two, and for compensation for the loss she has sustained by reason Mr. MILLIKEN. That is all I wanted to bring out. of thesa damages I would not ask you to remit to her $53,000: but I Mr. CANNON. Let me ask the gentleman a question. would ask you to give her the difference between 102,000 and 223,000; Mr. SPRIGGS. Yes, sir. I would ask you to give her that difference of 121,544, and I do not Mr. CANNON. I find in the petition of Mrs. Patterson the follow­ believe there is a fair-minded man, a man who has the courage of his ing statement: conviction, if that question were before him, who would hesitate a In 1874 the most valuable portion of the property was heavily mortgaged in single moment to give her that amount. I trust there is no gentleman order to obtain funds for the payment of taxes. All the resources of the owner were then exhausted. Consequently the taxes have accumulated to an extent in this House who will hesitate to give her the relief we ask by the far exceeding any present or prospective power of your petitioner to pay. passage of this bill. Mr. STRUBLE. Let me ask the g;entleman a question. And further on the same page, 5, of the petition I find this lan­ 1\Ir. SPRIGGS. Certainly. guage: .Mr. STRUBLE. If I remember the statement the gentleman made In addition to the tax, the estate is encumbered with mortgages amounting a moment ago, it was to the effect that there was a board of audit be­ to $35,000, $22,000 of which was paid as tax prior to 1874. fore which this class of claims could be taken for adjustment, and that Now, what I wish to ascertain is whether that is the principal of the a large amount of money was awarded by this board of audit to others mortgage or the principal and interest. who had similarily suffered, but that this claim was neglected. Now Mr. SPRIGGS. That is the whole amount of the mortgage, as I I should like to know the reason why? understand it, although I am not able to answer the question fully• .Mr. SPRIGGS. I will tell you why. Twenty-two thousand dollars was paid as taxes prior to 1874. Mr. STRUBLE. Why was this not adjusted like all the others? Mr. CANNON. Was that the original amount of the mortgage? Mr. SPRIGGS. It was because the husband of this lady thought so .Mr. SPRIGGS. I do not know. much more of his country than of his private business that out of de­ Mr. CANNON. You have no means of answering the question as votion to his country's service he neglected to present his wife's claim to whether this is the principal or the principal and accrued interest? for damages. Those who knew Carlile Patterson will say more on that Mr. SPRIGGS. No. But I will say to the gentleman that it can not subject than I have done. The only reason why the claim was not pre­ be important. sented was b¢cause he was so much absorbed in the discharge of his Mr. CANNON. But it is important. public duties that he altogether neglected his private affairs. Mr. SPRIGGS. The only fact with which we have to deal is as to · Mr. GUENTHER. Let me interrupt the g;entleman for a moment. the amount of this indebtedness, and not whether the lady is in debt Mr. SPRIGGS. Certainly. aside from the debt she is laboring under by reason of the tax. Now, Mr. GUENTHER. At the time these injuries were inflicted Carlile if she is relieved from this 53,000, no matter whether she owes other Patterson, I understand, notified the commissioners he would institute debts or not, she is relieved to the extent that she asks us to relieve her legal proceedings. He did sue out an injunction, and thereupon the under the equities of the present case. commissioners assured him compensation would be made if he would ~Ir. CANNON. I wish to state to the gentleman that if I vote at all withdraw that suit. for the bill it will be as a matter of relief for the widow of a man who Mr. SPRIGGS. So I understand. The gentleman from Michigan did eminent service to his country and was eminent in the scientific said in opening the debate that the board of a ndit were willing to agree world. The gentleman has just stated that in his opinion no member the matter should be submitted to arbitration. of this committee would be willing to give for this property the amount Mr. GUENTHER. But that never was done. of the tax, namely, $50,000. Now, in this statement the petitioner sets Mr. SPRIGGS. It was agreed between Carlile Patterson and the forth that the mortgages on the property amount to $35,000. Whether commis..'!ioners.that they would arbitrate the question of damages. It this is the principal of the mortgage or the principal and interest com­ was never done in his lifetime. When he died his family was left with bined I do not know, and the gentleman does not have the information ·this incumbrance. at hand to answer the inquiry. But the query that is presented to us Mr. STRUBLE. Do I -qnderstand there was an agreement upon the is, would not this lady be better served if the Government should grant part of this lady or those interested for her in the property that there her anannualpensionof 2,000, whichis4percent. intereston 50,000, was to be no prejudice by reason of her claim not being prosecuted rather than by passing this bill? Is it not probably true that in the before this board of audit? attempt to grant relief to this widow of an eminent man yon are really ~fr. SPRIGGS. I will not say anything I do not know, and that is passing a bill which would relieve the holders of this mortgage? We further than I am prepared to go. ought, therefore, to have that information in order to enable us to vote Mr. STRUBLE. I ask for information. I desire to support this bill intelligently upon this bill. if I can do so intelligently and properly on the facts presented. Jllr. MILLIKEN. May I ask the gentleman a question? Mr. SPRIGGS. Itwas agreed and understood between the commis­ Mr. CANNON. Yes, sir; withthepermissionofthegentlemanwho sioners and Mr. Patterson that the matter should be arbitrated and holds the floor. . . -settled. It never was done. Mr. BARBOUR. I desire to take the floor for a moment to reply to Mr. HOLMES. I underst~d this property has been assessed about the question of the gentleman from Illinoiswithreference totbJsmort­ $100,000 less in 1883 than it was in 1873. gage. I think I can answer him satisfactorily an.d with. some author­ · Mr. SPRIGGS. One hundred and twenty-one thousand dollars. ity, too. I understand that this lady, the widow of Mr. Carlile Pat­ Mr. HOLMES. What I wish to ask is whether other property in the terson, desires this bill to be passed exactly in the shape in which it is ·vicinicyr depreciated in the same proportion. presented here: This will not militate a.gainst her interest. These Mr. SPRIGGS. I do not understand there is any other property in mortgages upon the property are in friendly hands and will not be used the vicinity, except it may be in small patches. to her disadvantage. So that if there is any gentleman who wants to Mr. HORR. Property at the present time is about the same price it promote the interest of this lady let him vote for this bill. was in 1873. Thus the pendulum has swung back from 1873 to 1883 Mr. CANNON. How much does this mortgage amount to? so that now the assessment rolls are a fuir statement of the value of Mr. BARBOUR. I do not know the exact amount, nor is it impor­ ·that property as compared with the value of property in 1883, and so tant. shows the effect of these improvements upon it. ~Ir. CANNON.· I think it is very important. [Cries of "Vote!" · · Mr. SPRIGGS. I desire to state for the benefit of the committee "Vote!"] ·what is the fact. A mortgage was contracted to pay the taxes prior to Mr. MULDROW. M:r. Chairman, I dislike to run counter to what ·1874. It was contracted for the paymentofthose taxes, and the party seems to be a prevalent idea. I dislike to oppose a measure which the interested in it will be released if this bill passes; that is, it is held House seems inclined to favor; but I do not think, if all of the facts are for the payment of this money. properly considered and understood by this committee, that they would Mr. MILLIKEN. Now· I would like to ask the gentleman a ques­ give their assent to this bill, nor do I believe that they are prepared ·tion. Is it not true that at the time these improvements were made to intelligently pass upon the case from what has occurred up to this this lady had a very valuable and very fine estate? time. In the last Congress this bill, or a similar one, was before this 1884. CONGRESSIONAL RECORD-HOUSE. 2231

House. .:\.t that time the bill was predicated upon the idea that this There are others, perhaps, who have not paid their taxes and who widow ought to be relieved from this tax which had accrued upon her would come forward and demand the same relief. .And you simply property by reason and for the reason that her husband had rendered open the door to the presentation of claims aggregating, perhaps, mill­ distinguished service to his country. ions against this city by the passage of a bill like this. They at that time proposed to take from the District treasury a sum Mr. HUNT. Can we refuse such claims if they are just? of money equaling nearly $50,000 to bestow upon the family of Mr. Mr. MULDROW. In reply to the gentleman from Louisiana, I will Carlile Patterson for services which he had rendered to the Government say the Supreme Court of the United States says that in nearly all of of the United States. That proposition was so unreasonable that the the States of this Union the right is exercised upon the part of a city committee ln this Congress plao1YU.eon theCommitteeontheDistrictofColumbia. • .r. AIKEN. Has the value of the contiguous property decreased In the beginning of his remarks he alluded to the fact that this bill ~ the same proportion ? now comes before the House in a different shape from the proposed leg­ Mr. ~IDLDROW. That is my understanding. I have here a state­ islation in the Forty-seventh Congress. I call the attention of the Com­ ment from the commissioners of the District, in which they assert that mittee of the Whole to the fa~t that the legislation proposed in the / if this case be aen the moreover provided in the joint resolution that parties who bad not pre­ grounds upon which they ask the House for its flworable consideration. sented their claims to the board of public works might present them to Just here I desire to answer some questions w:pich from time to time the board of audit. The language was that persons who had ''sustained have been propounded to the gentleman from Mississippi [Mr. MUL­ damages to real estate, but failed to present the same to the board of DROW] and to other gentlemen who have spoken in the course of this public works, may present the same for audit and allowance within the discussion. One is as to the chara.ctex of othex claims, and why this time above limited.'' claim should be made a special one for the favorable consideration of Thus not only wa the board continued in ·existence for thirty days the House. beyond the time originally fixed, but opportunity was given for the pres­ And first I recall the fact that in 1871 Congress passed an act reorganiz­ entation of other claims than those which had been presented to the ing the government of the District of Columbia, and establishing a board board of public works. _ of public works, to be appointed ~y the President and confirmed by the Here is the report of the board of audit made at the first session of the Senate. That board of public works, consistingostensiblyoffivemem­ Forty-fourth Congress, showing that there were 2,208 cases presented bers, but in fact, I believe, consisting of a single one, l\lr. Shepherd, un­ to the board and examined by them, which claims, after charging the derUx>k this comprehensive scheme of public improvement here, and property-owners with the benefits derived from these improvements and although originally bound down to the expenditure of no more than assessing upon them the special-improvement taxes, were actually al­ four or sixmillion dollars, actually incurred adebtwhich, whenitcame lowed totheamountof$ 27,625.68. Thiswasoverandabovethea ess­ to be audited, was found to be $20,000,000, or perhaps more than $20,- ment of special benefits and the assessment of special-improvement taxes 000,000. In carrying out this extensive scheme of public improve­ upon the property. And upon examination of this list of2,208 claims ments that board inflicted serious and in some cases almo t irreparable gentlemen will find that orne of the property contiguous to this of :MFS. damage upon a great deal ofprivate property in the District of Colum­ Patterson, property on the same square, was allowed special damages bia. for the injury inflicted by th~e improvements, the damag~, too, being Now, I admit that the rule at common law is as the gentleman from large, as my friend from Virginia [Mr. BARBOUR] uggests. New York [.M:r. HrsoocK] stated it two weeks ago in the discussion of Now, sir, it has been said, and it is said by the commissioners in their the Carroll claim-that damages are not generally given for the act of a letter to Colonel MULDROW, that if we relieve this case others will come. municipality in changing, altering, or improving the grades of streets. There is the proof that other cases have had their opportunity to be pre­ But that rule of the common law has been changed by statute in many sented. They have had the ninety days before the board of audit and of the States of this Union, because it is not coextensive with the de­ an extension of thirty days after that ninety had expired. There is proof ma.nds of justice and equity; and it.bas been changed by many of the in the report of the board ofaudit that 2, 208 were examined. There may State constitutions, which have in terms declared that "private prop­ be some individual cases like that of .Mrs. Patterson and like the Car­ erty shall not be taken or damaged for public use without just compen­ roll case considered two weeks ago, which have some equities entitling sation.'' In all of the States where such a provision exists, either in them to the consideration of Congress and to be relieved from the the statute or in the organic law, the courts have held that whenever statute of limitations imposed upon the board of audit in auditing these damage is inflicted upon private property in the progress of just such claims. improvements as were made here in the city of Washington, the public, This is not simply a suit for damages, as suggested by my colleague, who receive the benefit, must pay for those damages, and the burden but largely for the correction of an erroneous and excessive assessment. can not be made to fall upon the individual whose property suffers. Why was not this case considered before the board of audit? That is In accordance with that principle of justice and equity the Legisla­ the question. This washer maiden property, which she inherited from ture of the District of Columbia, on the 20th of June, 1872, passed an her father. It was held for this lady by her husband as trustee She act entitled "An act providing for the payment of damages sustained was under disability of coverture. She could not go before this board of by reason of public improvements or repairs." This act provided audit and present her claim as other property-holders. The proof is that- before the committee her husband was so absorbed in pressing public On the application in writing of the owner or owners of any real estate in the duti~ that he neglected to attend to his private business and allowed District of Columbia, or any person having other than a rental interest therein, the accumulation of these taxes against the estate of his wife. to the board of public works, setting forth that specinl damages have been sus­ tained by him or them in consequence of any improvements or repairs made I think I have stated everything necessary to be stated in reply to by the said board, and particulatly describing the nature of said damages, snid my colleague on the committee from Mississippi [.Mr. MULDROW]. I board shall consider the statement of said application, and if deemed by them want to add so far as the commissioners of the District of Colum­ sufficient for that purpose, the said board or a majority thereof shall personally inspect the property alleged to be specially damaged, and make or cau e to be bia are concerned theyrepresent the defendant in this case. The com­ made any examination connected with said improvements or repairs which mittee attempted to have a judicial inv~tigation of the merits of this they may deem necessary or proper. case. They did not deem it necessary to consult the wishes of the de­ This aetof the Territorial Legislature of the District of Columbia was, fendant in rendering their judgment on the facts of the controversy. as I have said, pi.<;;sed on the 20th of June, 1872. On the 20th of June, I am free to express my confidence in the commissioners of the District 1874, Congress abolished the then existing form of government in the of Columbia and my personal respect for them from the official inter­ District of Columbia, and in doing so provided a board of audit, consist­ course as a member of the committee I have had with them. It is but ing of the First and Second Comptrollers of the Treasury, who were natural they should object as far as possible to the demands of past directed to audit the debts of the former government. Among the schemes, in order that they may carry out their own p1ans for the im­ claims which that act authorized to be presented to the board of audit provement and betterment of the city of Washington. It is perfectly were: natural they should desire to have as much of the funds of the city in Seventh. All unadjusted claims for damages that mny have been presented to order that they may show to those who come after themselv~, in order the bo&rd of public works pursuant to an act of the Legislative Assembly of the that they may point out to the people as great results as possible from District of Columbia entitled "An act providing for the payment of damages sustained by reason of public improvements or repairs," approved .June 20, 1872, their administration. But I believe this case is one covered by justice which last-named claims shall severally be examined and audited without re­ and covered by equity, that it is a case entirely within the language of gard to any examination heretofore made. the act of the Territorial Legislature, and entirely within the language The seventh section of this act provided for an issue of fifty-year 3. 65 of the two successive acts ofCongress which approved and confirmed that per cent. bonds, which were to be exchanged for the certificates allowed act of the Territorial Legislature. It was just such a claim as the board by the board of audit on this examination. of audit would have acted on had it been pr~ented to them when 2,208 Now, the gentleman from Mississippi [.1\fr. l\IULDROW] says that this of them were presented. I think I have explained to the committee board of audit proceeded in such a way as to provoke the indignation the reason or excuse given by this lady, why she, helpless to a.ct for her­ of the country at large, and that it was cut short in its work by the self, a feme covert, under this disability, was not able to present her action of Congress abolishing the board. Sir, the record is exactly con­ own claims and have them acted on. [Cries of "Vote!" "Vote!"] I trary t-o what the gentleman has stated. The act of June, 1874, to wish to yield five minutes to my friend from Pe-.nsylvania. 1884. CONGR-ESSIONAL RECORD- HOUSE. 2233

Mr. RANDALL. I will deta.in the committee but a few moments. by reason of District improvements. If the supposed injury had been of an im­ portant character a claim therefor would doubtless have been presented. If it I was here during all the period to which the gentleman from West was presented and allowed or rejected, that should end the case. If not pre­ Virginia has referred-at the time of the organization of the board sented it was because it was not deemed of sufficient importance. of public works and the board of audit and when these organizations Third. The commissionerf' learn that it is urged trot the late husband of pe­ titioner was an eminent public officer, who performed most excellent service for were abolished. The latteJ;" had jurisdiction of claims like the one the United States. All this is true, and it is quite possible that he was not paid in now under consideration. As I remember, that board audited more proportion to the good service he rendered. This, for the honor of the public than a million of dollars of such claims. The Committee on the Dis­ service ~ay be said of many men who have won high distinction from the days of WR-snington1 to the pre ent; but the commissioners fail to see what bearing trict of Columbia, after _a careful examination, have reported to this that has upon this case. The en·ice was rendered to the United tates, and not House this case as founded in equity and justice. I believe that not to the District. If Congre s deems it proper to make further recognition of those only was there great damage done in this case by the cutting of streets, services at this time (concerning which the commissioners expre s no opinion), it is submitted that it should be by direct appropriation from the United States, but that the owners suffered because of excessive a essments. and not taken out of the revenueoftheDistrict. Toabatethetaxesasproposed The manner as to how these excessive assessments were brought about in this bill would be like canceling a mortgage on the property in payment for by the act of 1878 can be thus illustrated. In this District the private service rendered to the United tates. The commissioners submit herewith plats of t.be several parcels of property p1;operty a.<;Sessments were, say, 60,000,000, and they were added to showing what improvements have been made; also a list of taxes, of which the by an increased a essment of 50 per cent., making ~30,000,000 more, following is a summary: or 90,000,000 in all. Th~n the United States was rated 30,000,000 for General tax ...... $23, 412 49 public buildings, and 30,000,000 more for reservations, and 30,000,000 Interf! t and penalties...... 17,936 67 more for streets; the latter are vested in the United States; making in ---- $4.1, 349 16 all $90,000,000; thus 50 percent. to be paid by Government was fixed in ~:!~t~~~r:J~~i~:::::::::::::::::::::::::::::::::::::::·::::::.".".".".".".".".".:::.: ~~ M law as being an equitable adjustment between the District and United 10,280 14 Water-main tax ...... 797 73 States Government. Interest and penalties...... 750 89 In this way this property was subjected to largely increased asses - 1,548 62 ments in addition to damage done. If there ever was a case showing damage and excessive assessment Total...... 53, 177 92 No copies of the accompanying plats having been kept at this office. the com­ this is one of them. I have been·on the ground and looked at the in­ missioners would like them p1·eserved and returned when no longN required jury done, and therefore know of my own knowledge of the damage. by the committee. This property, so far as the value of ownership is concerned, has be­ Very respectfully, J. B. EDMONDS, President. come an injury to own, and can not with the incumbrances be sold at Hon. IiE)I"""RY L. MULDROW, any price; and great trouble and expense would have been saved if the Of Committee for District of Columbia, owners had parted with it long ago at mere nominal price. Ho1.t.se of .Representatives United Slates. A year ago a similar bill wa introduced for the benefit of this lady. The CHAIRMAN. If there be no further general debate the bill I supported it previously, giving it a careful and thorough investiga­ will now be open for debate and amendment under the five-minute rule. tion. I have not examined it since further than to carefully read "the Mr. BARBOUR. In ord.er to perfect the text of the bill I move the report and the provisions of this bill, and I have seen no reason which adoption of the amendment reported by the committee. caused me to change the opinion I then formed that the claimant should The CHAIRMAN. The Clerk will report the amendment proposed be relieved, as was done by the Government during the existence of the by the committee. board of audit in the 2,2 0 cases which came before that board. And The Clerk read as follows: here let me say that the Congress of the United States, when it abol­ In ert in line 6, after the word "eighty, ' the word "three;" so that it will ished the board of audit, never thought to debar itself of the right at read: "That all national, municipal, and county taxes, general and special, and any time to investigate just such cases as this; and in more than one all interests, costs, and penalties thereon, levied or assessed to and including instance they have allowed sums of money under similar circumstances. June 30,1883, upon the property," &c. I think from my own knowledge of this case that it is one possessing a The amendment was agreed to. high degree of merit; otherwise I would not support it. Mr. CAN~ON. I move to strike out the last word, and for the pur­ This bill only relieves, as I understand, taxes levied by reason of ex­ pove of saying a word in reference to the letter which has just been read cessive assessments, and grants nothing for damages in consequence of from thecommissioners. I regret, Mr. Chairman, thatduringtheread­ cutting of streets, and h~ the merit of securing to the Government an ing of that letter from the District commissioners, which contains the ab olute release by claimant of all other claims heretofore in contro­ only positive statement of facts that we have been able to receive on vei·sy between the Government of the UnitedStatesand the early owner this subject during this debate or from the committee, the attention and the heirs, aggregating a sum much greater than the amount in­ of the committee was not more carefully directed to it. volved in this appropriation, As to the merits of Carlile Patterson I will not speak. There is no Mr. MULDROW. I desire to have a letter read from the District man here who has a greater appreciation of his merits or his services commissioners, which is very short, in reference to this point. than I have, and if this W8S a proposition, pure and simple, to pay to Mr. SPRIGGS. I rise to a point of order. I do not think the com­ his widow, on the ground of tho e distinguished services, an adequate missioners have any right to be heard here. sum it would receive less objectio~ at my hands than does the pend­ Mr. MULDROW. I ask that it be read as a part of my remarks. ing bill. The CHAIRMAN. As a part of the remarks of the gentleman from It is proposed here, in fact, on account of his distinguished service, Mississippi the letter will be read. but under the pretense of inequitable assessment, to release taxes The Clerk read as follows: upon property to the amount of 50,000, and establish a precedent that morally and equitably binds the Government to refund to people who OFFICE OF THE 00JIUIISSIONERS DISTRICT OF COLUMBIA, have paid similar taxes the amount of same and release other taxes Washington, March 10, 1884. SIR: As requested, the commissioners have carefully considered House bill that may be unpaid. No. 4689, for reHef of Eliza. W. Patterson, and recommend that it do not pa-SS. lli. DUNHAM. No; notthat. This is simply a case where the owner of a large amount of property has neg­ Mr. CANNON. Why not? The propertyofhundreds of others, in the lected to pay taxes until, with interest and penalties, they amount to a large sum. There are many similar cases. Justice and equity require all, having much aggregate amounting to over 1, 000,000, has been as inequitably taxed, or little property, to be treated alike, and many a poor man and woman have and I will say to my friend if this 50,000 is released it must be made up been compelled to pay the same rate of tax, with interest and penalty, or lose by taxing the property of the District to that amount, or rather half that their property. The petitioner in this case owns by inheritance from her father two farms in amount, and appropriating the balance from the Treasury. A refusal different parts of the county (aggregating two hundred and twenty a.cres), and to grant similar relief to others would be unfair, and would be outra­ many lots in different parts of Washington and Georgetown, all of which were, geous when in addition you turn about and tax others, many of whom n.s the commissioners are informed, assessed according to their value the same as adjoining and other property, and not at all beyond theirfairassessablevalue. are compelled to labor from day to day to live, to give this gratuity to The rate of taxation in Washington and

Mr. WHITE, of Kentucky. Then I move to add a word to the last PETITIOKS, ETC. word. The following petitions and papers were laid on the Clerk's desk, The CHAIRMAN. The gentleman will be heard upon his amend­ under the rule, and referred as follows: ment. By 1r. ATKINSON: Petition of citizens of Pennsylvania, praying Mr. WHITE, of Kentucky. I understand this is a proposition to for the construction of the Chesapeake and Delaware Ship-Canal-to the relieve the widow of one of the most distinguished scientists that has Committ-ee on Railroads and Canals. ever lived in this country. She has before Congress clajms amounting By lli. BINGHAM: Petition of the Philadelphia Produce Exchange, tO about $200.000 on account of her father's estate. The water that we in favor of the passage of a national bankrupt law-to the Committee drink here at ·the Capitol, as I am informed, comes from a stream on on the Judiciary. which her father owned a mill-si.te, which bas been destroyed. She By :Mr. BRENTS: Proceedings of the mass meeting of rffiidents of proposes to relinquish all clajm to this 200,000, which claim is now Snake River, Washington Territory, relative to the Northern Pacific before the several committees of Congress. land grant-to the Committee on the Public Lands. :Mr.l\IULDROW. Will you permit me a word just there? I think Also, preamble and resolutions of citizens' meeting at Dayton, Wash., the gentleman is laboring under a misapprehension. on the same subject-to the same committee. Mr. WIDTE, of Kentucky. Wait until I complete the sentence. By Mr. CAINE: Petition from the convention of the wool-growers of She proposes to relinquish all right to the 200,000 claimed, and no~ Colorado, Nebraska, 1\Iinnesota, Kansas, Wyoming, Utah, Idaho, and pending before various committees, ou account of her father's estate, if New Mexico, asking for the restoration of the tariff of 1867 on wools this Congress will relieve her fr?m t~e p~ymen~ of about $50,000 tax and woolens-to the Committee on Way~ and l\Ieans. now resting upon the property m th1s City, which has been rendered By Mr. CALKINS: Petition of Loudon Post, No. 290, Grand Army almost valueless by the city jmprovements desc..."'ibed by the gentleman of the Republic, Department of Indiana, for equalization of bounties, from Michigan and others. &c.-to the Select Committee on Payment of Pensions, Bounty, and Now that property, which ten years ago was valued at over $200,000, Ba-ck Pay. . has decreased in value until to-day it is valued at only 100,000; and Also, petition of citizens of Warsaw, Ind., for donation of condenmed a. gentleman who has visited the spot testifies that if a cow were to at­ cannon-to the Committee on Military Affairs. tempt to go on the land she would go at the risk of breaking her neck. By Mr. CONNOLLY: Petition of Hon. Charles E. Rice and 637 It does seem to me that when a man was so devoted to public duty others, citizens of the city of Wilkes Barre, Pa., praying for the pur­ as the deceased husband of this lady was confessedly on all sides, neg­ chase of a site and the erection of a public building in said city-to the lecting his own private estate and his own family ~or the sake of sc~ence Committee on Public Buildings and Grounds. and his public duties, we ought to relieve the distresses of the Widow By Mr. CUTCHEON: Bill for the better protection of life and prop­ and the orphans in a case like this. erty on Lake 1\fichigan-to the Committee on Rivers and Harbors. ... I have thought it my duty to say this much, because last session I was ~~petition of 0. P. Morton Post, No. 54, Department of Michi­ not convinced under the half-hour's debate we then had that it was a gan, asking for the establishment of a home for disabled soldiers in meritorious case, and under a misapprehension I voted against it. But Michigan-to the Committee on Military Affairs. I think it my duty now to vote for it. By Mr. DIBRELL: Petition of the Board of Trade and Iron and Steel I now yield to the gentleman from Mississippi [Mr. MULDROw]. Association of Chattanooga, Tenn., for an appropriation for flood sig­ Mr. :MULDROW. I wish to say that no such claim was presented nals-to the Committee on Appropriations. to Congress as the gentleman from Kentucky has indicated. There By Mr. ERl\IENTROUT: Memorial of the Philadelphia. Produce Ex­ was some claim of that character, but not for the amount. change, for the passage of a national bankrupt law-to the Committee Mr. BARBOUR. I move that the committee rise and report the on the Judiciary. . bill as amended with a favorable recommendation to the House. Also, memorial of citizens of Virginia, to erect a substantial break­ :Mr. MULDROW. I call for a division. water at Cockpit Point-to the Committee on Rivers and Harbors. The committee divided; and there were--ayes 142, noes 28. By l\1r. EVERHART: Petition and protest of the Eddystone 1\Ianu­ So the motion was agreed to. fa-cturing Company, limited, and of Samuel Riddle & Sons, against the The committee according1y rose; and the Speaker having resumed reduction of customs duties upon imports, or any discussion or agita­ the chair Mr. SPRINGER reported that the Committee of the Whole tion of any change of existing tariff rates-severally to the Committee House o~ the Private Calendar had had under consideration the bill on Ways and ~eans. (H. R. 4689) for the relief of Eliza W. Patterson, and had instructed By Mr. FORNEY: Petition of Robert F. Geer and the Knights of him to report the same back to the House with an amendment. Labor of Gadsden, Ala., relative to the Chinese restriction act-to the Mr. BARBOUR. I demand the previous question on the amendment Committee on Foreign Affairs. and.the engrossment and third reading of the bill. By l\1r. HALSELL: Papers relating to the bill for the relief of John The previous question was ordered. M. Elder-to the Committee on War Clajmg, The SPEAKER. The question f first on the amendment as reported Also, papers relating to the claim of Hector W. Summers and of by the committee. James Rather-severally to the Committee on Invalid Pensions. The amendment was agreed to. . Also, petition ofthe Board of Trade of Cincinnati, Ohio; of J. W. C. The bill as amended was ordered to be engro ed and read a third Sandidge and others, citizens of Cumberland County, Kentucky; of time· and being engrossed, it was accordingly read the third time. A. C. Wells and others, citizens of Russell County, Kentucky, and of The SPEAKER. The question is, Shall th~ bill pass? J. S. :McFarlin and others, citizens of Clinton County, Kentucky, ask­ The question being taken, the Speaker stated that the ayes seemed ing for the jmprovement of the Cumberland River-severally to the to have it. Committee on Rivers and Harbors. :Mr. CANNON. I call for a division. But we may as well have the By Mr. HEPBURN: Petition of R. W. Martin and 40 others, mem­ yeas and nays. bers of John H. Rodgers Post, Grand Army of the Republic, askingfor On the question of ordering the yeas and nays there were ayes 26-- pensions for all soldiers of the rebellion-to the Committee on Invalid not one-fifth of the last vote. Pensions. Mr. CANNON. Count the other side. By Mr. HOLTON: Petition of citizens of Washington, D. C., and The negative vote waswunted, and there were-noes 129. 1\Iaryland, for a bridge across the Potoma-c River connec~g Pennsyl­ So (the affirmative not being one-fifth of the whole vote) the yeas vania avenue and Upper Marlborough road-to the Comm1ttee on the and nays were not ordered. District of Columbia. The SPEAKER. The question recurs on the passage of the bill. By Mr. HUNT: Memorial of the members of the bar of :Monroe, La., A division was called for. relative to the salary of Federal judges-to the Committee on the The House divided; and there were ayes 118, noes 35. . Judiciary. So (further count not being called for) the bill was passed. By Mr. KLEINER: Petition of 75 soldiers of the late war, residents Mr. BARBOUR moved to reconsider the vote by which the bill was of Johnson County, Indiana, asking for bounty, equalization of pay, passed; and also moved that the motion to reconsider be laid on the &c., so as to share in the benefits of money equal to the bondholder­ table. to the Select Committee on Payment of Pensions, Bounty, and Back The latter motion was agreed to,. Pay. . • By Mr. LACEY: Protest of William H. Brown and 18 others, mem_­ ENROLLED JOINT RESOLUTION. bers of the bar of Calhoun County, Michigan, against the counties of Mr. SNYDER, from the Committee on Enrolled Bills, reported that Calhoun and Branch being transferred to the western judicial district the committee had examined and found truly enrolled a joint resolution of Michigan-to the Committee on the Judiciary. of the following title; when the Speaker signed the same: By Mr. LOVERING: Petition of P. F. McTague, Thomas Hewett, Joint resolution (S. R. 64) providing for the addition of $10,000 to John Bateman, and Tjmothy Sidley, naval police at the navy-yard, the contingent fund of the Senate. Boston, to be placed on the retired-list of the Navy-to the Commit­ Mr. BLAND. I move that the House do now adjourn. tee on Naval Affairs. The motion was agreed to; and accordingly (at 4 o'clock and 5~ By Mr. LOWRY: Resolutions of DeLong Pot, No. 67, Grand Army minutes p.m.) the House adjourned. of the Republic, of Auburn, Ind.; of Nelson Post, No. 69, Grand Army 1884. CONGRESSIONAL RECORD-SENATE. 2235

of the Republic, of Kendallville, Ind.; of J. P. Porter Post, No. 83, By Mr. YAPLE: Petitions ofF. W. Curtemius Post, No.193, Grand Grand Army of the Republic, of Geneva, Ind.; and of Lookout Post, Army of the Republic, Department of Michigan, and of Samuel Wells, No. 184,.Grnnd Armyofthe Republic, of Thorntown, Ind., demanding 0. F. Richmond, and others, asking for the establishment of a branch the equalization of bounties, and that every soldier and sailor who of the National Soldiers' Home in Michigan-severally to the Commit- served three months or more in the late war shall be granted a land­ tee on Uilitary Affairs. · warrant· for a full one-quarter section of land and be granted a full By l\1r. YORK: Petition of citizens of Mooresville, N.C., asking aid pension, whether disabled or not--severally to the Select Committee on for public schools-to the Committee on Education. Payment of Pensions, Bounty, and Back Pay. By Ur. McCOID: Papers, &c., relating to the bill forthereliefofthe College of Physicians and Surgeons at Keokuk, Iowar-to the Commit­ tee on War Claims. SENATE. By Mr. MAGINNIS: Papers relating to the bill for the relief of Maj. TUESDAY, March 25, 1884. Theodore J. Eckerson-to the Committee on Military Affairs. Also, petition of General Reynolds and others, relating to retirements Prayer by the Chaplain, Rev.. E. D. HUNTLEY, D. D. in the Army-to the same committee. lli. SHERMA.L'f took the chair as presiding officer, under the desig­ Also, petition of officers of the Army, asking for a reorganization of nation made by the President pro tempore on Friday last, with the unani­ the infantry arm of the service-to the same committee. mous consent of the Senate. By Mr. MAYBURY: Petition of Daniel D. Tompkins, John T. Gib­ The Journal of yesterday's proceedings waa read and approved. son, and many others, residents of Dearborn, Wayne County, ]')fichigan, EXECUTIVE CO:rtiMUKICATIONS. aaking for the location of the Michigan Soldiers' Home for disabled The PRESIDING OFFICER (Mr. SHERMAN in the chair) laid before Union soldiers on the Dearborn arsenal grounds-to the same com­ the Senate a communication from the Secretary of the Interior, trans­ mittee. mitting, in answer to a resolution of the 13th instant, a report of the Also, petition ofl\Irs. A. C. Amon and 15 others, residents of Michigan, Commissioner of the General Land Office regarding the application of praying for the passage of a law granting equal rights to women-to the Union Pacific Railroad Company for a portion of the Fort Wallace the Committee on the Judiciary. reservation, in the State of Kansas; which, on motion of Mr. VAN By Mr. S. H. MILLER: Petition for the relief of Eliza J. Ray-to WYCK, was, with the accompanying papers, referred to the Committee the Committee on Ways and Means. on Military Affairs, and ordered to be printed. By Mr. MITCHELL: Resolution of the Legislature of Connecticut, He also laid before the Senate a communication from the Commis­ Irelative to pensions for ex-prisoners of war-to the Committee on In­ sioner of Agriculture, transmitting, in response to a resolution of the ' valid Pensions. 26th ultimo, a statement showing the amount of wheat, rye, corn, and By Mr. MORSE: Petition of merchants of Boston, Mass., and of cotton produced in the United States during certain periods, its dispo­ grocers and merchants of Boston, Mass., protesting against the passage sition, &c.; which was referred to the Committee on Agriculture and of the bill (H. R. 3317) relative to the vaporizing process of making Forestry, and ordered to be printed. vinegar-to the Committee on Ways and Means. Also, petition of the Associated Charities of Boston, Mass., in favor of PETITIONS AND MEMORIALS. a postal-savings depository-to the Committee on the Post-Office and The PRESiDING OFFICER presented the memorial of St. Farno­ Post-Roads. ski, of Chicago, Ill., protesting against the passage .of certain bills re­ By Mr. MORRISON: Memorial of citizens of Madison and Saint Clair lating to patents; which was referred to the Comnnttee on Patents. Counties, Illinois, and of Saint Louis, Mo., for the improvement of the He also presented a memorial of C. R. Offield, C. R. Vandercook, Mississippi River between Saint Louis~ Mo., and Alton, Ill.-to the H. Harrison, as representatives ofinventors and manufacturers in Chi­ Committee on Rivers and Harbors. cago, Ill., protesting against the passage of House bill 3925, to regu­ By :Mr. MURRAY: PetitionforpensionofSeraphitnSchuchter-tothe late practice in patent suits; which was referred to the Committee on Committee on Invalid Pensions. Patents. By Mr. PETERS: Papers relating to the pension claim of John R. Mr. CULLOM presented a petition of citizens of the States of Illi­ Gillam (H. R. 5316), and of William H. Simmons (H. R. 4453)~ver­ nois and 1\Iisouri, praying Congress to make an appropriation for the ally to the same committee. improvement of the navigation of the l\lississippi River, and especially By Mr. PRICE: Memorialofthe Chamber ofCommerceofSuperior, for making the banks of the river permanent from the mouth of Wood Wis., in relation to the harbor of Superior-to the Committee on RiVers River to the foot of Chouteau Island; which was referred to the Com­ and Harbors.. . mittee on the Improvement of the Mississippi River. By Mr. RIGGS: Papers relating totheclaimofElizabeth Leebrick­ Mr. PALMER presented the petition of the president and professors to the Committee on Invalid Pensions. of Michigan University, praying for the establishment of a national By Mr. ROSECRANS : Petition of residents of the District of Co­ observatory; which was referred to the Committee on Commerce. lumbia that the National Museum be opened on Sundays the same hours 1\Ir. BOWEN presented a memorial of the Denver (Colo.) Chamber as on week days-to the Committee on the District of Columbia. of Co~erce, in favor of an appropriation for the improvement of the By Mr. J. S. ROBINSON: Papers relating to the claim of Robert C. harbor at Galveston, Tex.; which was referred to the Committee on Kirk-to the Committee on Claims. · Commerce. . By Mr. SHAW: Petition of Edward B. Keneipp for a pension-to Mr. JACKSON. I present the petitionofl\lartha Tumer, of Union the Committee on Invalid Pensions. County, Tennessee, in connection with Senate bill No. 1825, previously By blr. STEELE: Papers relating to the claim of Capt. Alexander introduced for her relief. I move that the petition be referred to the McCreary-to the Committee on :rtlilitary Affairs. Committee on Claims. · By Mr. STRAIT: Resolutions oftheBoard ofTradeofMinneapolis, The motion was agreed to. . Minn., favoring the repeal ofthe actrequiringthe coinageof2,000,000 Mr. CALL. I present resolutions of the JackSonville (Fla.) Board ofsilverdollarseachmonth, &c.-totheCommitteeonCoinage, Weights, of Trade, favoring the continuance of the fast-mail system to the South and Measures. Atlantic States. The resolutions state that the discontinuance of the By Mr. E. B. TAYLOR: Petition of 223 citizens of Lake County, fast service will involve the loss of a business day to that whole sec­ Ohio, praying for equal rights for women-to the Committee on the Ju­ tion, which is visited annually by thousands of visitors from all sec­ diciary. tions of the country; that it will deprive them of postal facilities which By Mr. VAN EATON: Papers relating to the preservation of the have been enjoyed for nearly three years and to which their business N atch.ez Harbor and the town of Vidaliar-to the Committee on Rivers has become adjusted; and that it will retard the development of a sec­ and Harbors. tion of country which is paying rapidly increasing revenues to the Also, petition and papers for the erection of a public building at Post-Office Department of the General Government. I move that the Natchez, Miss.-to the Committee on Public Buildings and Grounds. resolution be referred to the Committee on Post-Offices and Post-Roads. ByM:r. WELLER: Petitionof J. R.Jarrettandothers, of McGregor, The motion was agreed to. Iowa, asking for an appropriation to aid in the speedy payment of the :rt1r. KENNA. I present a memorial of citizens of Baltimore, Md., tobacco rebates-to the Committee on Appropriations. remonstrating against the passage of the bill (S. 1441) to authorize the By Mr. J. D. WIDTE: Petition for the relief of R. B. F. Taylor-to construction of bridges across the Great Kanawha River and to prescribe the Committee on War Claims. the dimensions of the same. I desire to state that the remarks I made · Also. petition for the relief of Elihu Robinson-to the Committee on on presenting a previous memorial remonstrating against the same bill Invalid Pensions. . apply equally to this one. I move that the memorial be referred to the By Mr. WILKINS: Petition of E. Tressel, John C. McFarland, and Committee on Commerce. 100 others, citizens of Muskingum County, Ohio, relating to the resto­ The motion was agreed to. ration of the duty on wool-to the Committee on Ways and Means. 1\Ir. PENDLETON presented the memorial of Evans & Foos Manu­ · By Mr. WOOD: Resolutions of RoseLawn Post, No. 253, G:ra.ndArmy facturing Company, of Springfield, Ohio, remonstrating against the pas­ .of the Republic, ~partment of Indiana, relative to the equalization of sage of the pending bills in relation to patents and any other bill which bounties, &c.-to the Select Committee on Payment of Pensions, may interfere with rights now secured by law to patents; which was Bounty, and Back Pay. referred to the Committee on Patents.