~ .
1896 CONGRESSIONAL RECORD-SENATE. FEBRUARY _19,
Also, resolutions of G. W. Childs Division 353, Brotherhood of diana, praying for the repeal of the so-called desert-land law Locomotive Engineers, Philadelphia, Pa., in favor of laws re and also for the commutation clause of the homestead act; which stricting immigration-to the Committee on Immigration and were referred to the Committee on Public Lands. Naturalization. He also presented petitions of Hackelman Post, No. 64, of. Also, papers to accompany House bill for the removal of the Brookville; of Harrison Cathcart Post, No. 117, of Bristol, De charge of desertion from the military record of George W. Smith partment of Indiana, Grand Army of the Republic; of Elwood to the Committee on Military Affairs. Typographical Union, No. 331, of Elwood; of Friendship Lodge, No. 70, of Fort Wayne, and of Journeymen Horseshoers' Local Union No. 81, of the American Federation of Labor, all in the SENATE. State of Indiana, praying for the enactment of legislation author WEDNESDAY, Februar-y 19, 1902. izing the construction of war vessels in the navy-yards of the country; which were referred to the Committee on Naval Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. ·- Affairs. The Secretary proceeded to read the Journal of yesterday's pro Mr. McMILLAN presented a petition of sundry business men ceedings, when, on request of Mr. KEAN, and by unanimous con- of Detroit, Mich., prayin~ for the establishment of reciprocal sent, the fm-ther reading was dispensed with. · trade relations with the Dominion of Canada; which was re The PRESIDENT pro tempore. Without objection, the Jour ferred to the Committee on Relations with Canada. nal will stand approved. Mr. WETMORE presented a petition of Farragut Post, No. 8, PRINTING OF GEOLOGICAL SURVEY REPORTS. Grand Army of the Republic, Department of Rhode Island, of The PRESIDENT pro tempore laid before the Senate a com Providence, R. I., praying for the enactment of ,legislation au munication from the Secretary of the Interior, transmitting a thorizing the construction of war vessels in the navy-yards of letter from the Director of the Geological Survey calling atten the country; which was referred to the Committee on Naval tion to the advisability of a change in existing law regarding the Affairs. Mr. PERKINS presented petitions of United Metal Workers' printing of his annual report, etc., which,· with the acc9mpany Union No. 47, Granite Cutters' National Union, of Raymond; of ing papers, was referred to the Committee on the Geological the Federated Trades Union, American Federation of Labor, of Survey, and ordered to be printed. Stockton; of the Marine Cooks and Stewards' Association of the PETITIONS AND MEMORIALS. Pacific Coast, of San Francisco, and of the Chamber of Com Mr. KEAN presented the memorial of Mrs. Joel Borton, of New merce and Merchants' Exchange of San Francisco, all in the Jersey, remonstrating against the regulation and control of vice State of California, praying for the reenactment of the Chinese by the board of health of Manila; which was referred to the exclusion law; which were referred to the Committee on Immi Committee on the Philippines. gration. He also presented a petition of Hiawatha Council, No. 110, He also presented a petition of the Chamber of Commerce of Junior Order United American Mechanics, of East Millstone, San Francisco, Cal., praying for the adoption of certain changes N.J., praying for the enactment of legislation to suppress an in the consular service; which was ordered to lie on the table. archy; which was ordered to lie on the table. He also presented a petition of the Chamber of Commerce and He also presented a petition of Cigar Makers' Local Union No. Merchants' Exchange of San Francisco, Cal., praying for the 427, American Federation of Labor, of Rahway, N.J., praying enactment of legislation granting unrestricted entrance into the for the enactment of legislation authorizing the construction of United States to all members of the mercantile class of Chinese, war vessels in the navy-yards of the country; which was referred such as salesmen, clerks, buyers, bookkeepers, accountants, man to the Committee on Naval Affairs. agers, storekeepers, bankers. and cashiers; which was referred to He also presented petitions of Monitor Council, No. 83, of Hack the Committee on Immigration. ettstown; of Speedwell Council, No. 227, of Morristown, Junior Mr. NELSON presented a petition of the Chamber of Com Order United American Mechanics, and of Federal Labor Union merce of St. Paul Minn., praying that an appropriation be made No. 7211, American Federation of Labor, of Dover, all in the for the construction of reservoirs in the arid regions of the coun State of New Jersey, praying for the reenactment of the Chinese try; which was referred to the Committee on Irrigation and exclusion law; which were referred to the Committee on Immi Reclamation of Arid Lands. gration. Mr. HAWLEY presented a petition of sundry citizens of Mr. FAIRBANKS presented a petition of the Quarterly Meet Watertown, Conn., praying that generous treatment be accorded ing of Friends, of Westfield, Ind., praying for the enactment of the inhabitants of Cuba and the Philippines; which was referred legislation to prohibit the sale of firearms and intoxicating liquors to the Committee on Finance. in the island possessions of the United States; which was ordered He also presented a petition of sundry citizens of Watertown to lie on the table. Conn., praying for the ratification of reciprocity treaties with He also presented petitions of Division No. 11, Brotherhood of foreign countries; which was referred to the Committee on For Locomotive Engineers, of Indianapolis, and of Division No. 221, eign Relations. Brotherhood of Locomotive Engineers, of Huntington, in the Mr. DIETRICH presented petitions of sundry citizens of Dor State of Indiana, praying for the passage of the so-called Hoar Jey, Omaha, Blackbird, .M~ek, Knoxville, Be~evue , Fairburg, anti-injunction bill to limit the meaning of the word "con and of the Woman's Christian Temperance Umon of Fairburg spiracy" and the use of "restraining orders and injunctions" in all in the State of Nebraska, praying for the adoption of a~ certain cases; which were ordered to lie on the table. amendment to the Constitution to prohibit polygamy; which were He also presented the petition of Katherine H. Day and sundry referred to the Committee on the Judiciary. other members of the Home Missionary Society of the Presby He also presented a petition of the Omaha Associatioo of Credit terian Church, of Indianapolis, Ind., praying for the adoption of Men, of Omaha, Nebr., praying for the adoption of certain amend an amendment to the Constitution to prohibit polygamy; which ments to the present bankruptcy law; which was referred to the was referred to the Committee on the Judiciary. Committee on the Judiciary. He also presented petitions of Steam Engineers' Local Union He also presented a petition of Cigar Makers' Local Union No. No. 19, of Fm-t Wayne; of Cigar Makers' Local Union No. 221. 276, of Plattsmouth, Nebr., praying for the reenactment of the of South Bend; of Local Branch No. 61, Glass Bottle Blowers' Chinese-exclusion law; which was referred to the Committee on Union of Gas City, and of W. C. Beaty and sundry other citi Immigration. · zens of Linton, all- in the State of Indiana, praying for the reen He also presented petitions of Local Union No. 82, Brotherhood actment of the Chinese-exclusion law; which were referred to the of Stationary Firemen, of Omaha; of Carpenters and Joiners' Committee on Immigration. Local Union No. 427, of Omaha; of Local Union No. 180 Inter He also presented a petition of the Goshen Milling Company, of national Association of Ma-chinists, of North Platte; of Omaha Goshen, Ind., praying for the a-d~ption of certain amendments ~ Typographical Union, No. 190, of Omaha; of Carpenters and the interstate-commerce law; which was referred to the Commit Joiners' Local Union No. 113, of Lincoln, and of Cigar Makers' tee on Interstate Commerce. Local Union No. 276, of Plattsmouth, all of the American Fed He also presented the petitions of Charley Thornton and sundry eration of Labor, in the State of Nebraska, praying for the en other citizens of BTistol; of Z. T. Strong and sundry other citizens actment of legislation authorizing the construction of war ves of :Muncie; of I. 0. Grimes, of Martinsburg, and of L. D. Pierle, sels in the navy-yards of the country; which were referred to of Martinsburg, all in the State of Indiana, praying for the pas the Committee on Naval Affairs. sage of the so-called Grout bill to regulate the manufacture and He also presented petitions of Buford Post, No. 23, of Central sale of oleomargarine; which were referred to the Committee on City; of Rising City Post, No. 20, of Rising City; of Local Post Agriculture and Forestry. No. 155, of Kenesaw; of Neligh Post., No. 68, of Neligh, and of He also presented petitions of Local Union No. 652, United Lyon Post, No. 11, of Grand Island, all of the Department of Ne Brotherhood of Carpenters and Joiners, of Elwood, and <>f t-he braska, Grand Army of the Republic, in the State of Nebraska Trades and Labor Council of Fort Wayne, in the State of In- praying that preference be given to veterans in the employment 1902. CONGR.ESSIONAL RECORD-SENATE. 1897
of mechanics and laborers in the navy-yards of the country; which E. M. Stanton Post, No. 20, of Rising City, and of D. S. Crawford were referred to the Committee on Naval Affairs. Post, No. 197, of Westpoint, all of the Department of Nebraska, · He also prese)lted a memorial of the Chamber of Comm(;lrce of Grand Army of the Republic, in the State of Nebraska, praying Sacramento, Cal., remonstrating against the admission of sugar for the enactment of legislation authorizing the construction of and other products grown in Cuba free of duty into this country; war vessels-in the navy-yards of the country; which were referred which was referred to the Committee on Finance. to the Committee on Naval Affairs. :Air. HANSBROUGH presented a petition of Company B, First lrir. GALLINGER presented a petition of sundry citizens of Infantry, North Dakota National Guards, of Fargo, N. Dak., New Hampshire, praying for the passage of the so-called Grout praying for the enactment of legislation to increase the efficiency bill to regulate the manufacture and sale of oleomargarine; which of the militia, and for other purposes; which was referred to the was referred to the Committee on Agriculture and Forestry. Committee on Military Affairs. He also presented petitions of the Woman's Christian Temper Mr. MASON presented a memorial of sundry business men of ance Unions of -Center Sandwich, Wolfeboro, and Wilton, all in New Athens, lll., remonstrating against the passage of the so the State of New Hampshire, praying for the adoption of an called parcels-post bill; which was referred to the Committee on amendment to the Constitution to prohibit polygamy; which were Post-Offices and Post-Roads. referred to the Committee on the Judiciary. He also presented a petition of sundry wholesale grocers and Mr. CLARK of Montana presented a petition of Federal Labor tea merchants of Chicago, ill., praying for the repeal of the duty UnionNo.175,AmericanFederationofLabor, of Kalispell, Mon1., on tea; which was referred to the Committee on Finance. and a petition of Brewery Workers' Union No. 27, American He also presented a petition of the illinois State Brewers' As Federation of Labor, of Kalispell, Mont., praying for the enact sociation, praying for the repeal of the war tax on beer; which ·ment of legislation authorizing the construction of war vessels in was referred to the Committee on Finance. the navy-yards of the country; which were referred to the Com He also presented petitions of sundry citizens of Somonauk, mittee on Naval Affairs. Woodstock, Elida, Amboy, Rockford, Hebron, Poplargrove, Cres Mr. BLACKBURN presented apetitionof Grateful Lodge No. ton, Delavan, Mount Carroll, Compton, Plainfield. Freebury, 494, Brotherhood of Railroad Trainmen, of Lexington, Ky., pray Lockport, Gardenplain, Belvidere, Ivanhoe, Elgin, Hinsdale, and ing for the pa-ssage of the so-called Hoar antiinjunction bill, to Chicago, all in the State of illinois, praying for the passage of limit the meaning of the word '' conspiracy '' and the use of '' re the so-called Grout bill to regulate the manufacture and sale straining orders and injunctions" in certain cases; which was of oleomargarine; which were refe1Ted to the Committee on ordered to lie on the table. Agriculture and Forestry. He also presented a petition of Tobacco Workers' International He also presented a petition of Iron Molders' Union No. 134, Union No. 68, American Federation of Labor, of Henderson, Ky., American Federation of Labor, of Kewanee, ill., and a petition of praying for the enactment of legislation authorizing the construc Local Union No. 125, Brotherhood of Painters, Decorators, and tion of war vessels in the navy-yards of the country; which was Paper Hangers, of Litchfield, ill., praying for the enactment of referred to the Committee on Naval Affairs. legislation providing for the enactment of an eight-hour law for Mr. MITCHELL presented a statement to accompany the bill all manufacturing and mercantile establishments in the United (S. 1468) for the relief of Henry Bash and the bill (S. 1668) for States; which were referred to the Committee on Education and the relief of Custis Parke Upshur; which was referred-to the Labor. Committee on Claims. He also presented a memorial of the Ministerial Union of the He also presented the petition of Sarah Cleveland Nicklin, of Congregational Churches of Chicago, ill., remonstrating against Portland, Oreg., praying that she be granted a pension; which the reenactment of the Chinese-exclusion law; which was referred was referred to the Committee on Pensions. to the Committee on Immigration. He also presented the petition of Arthur I. Chapman, of Port He also presented petitions of Pressmen's Local Union No. 68, land, Oreg., praying that he be granted a pension; which•was of Peoria; of the United Glass Workers' Local Union No. 9441, referred to the Committee on Pensions. of Streator; of Elgin Union, No. 128, of Elgin; of the Boiler He also presented memorials of sundry citizens of Vale, On Makers and Iron Shipbuilders' Local Union No. 227, of Chicago; tario, Cord, Westfall, and Dell, all in the State of Oregon, remon of Cigar Makers' Local Union No. 294, of Sycamore; of Federal strating against the enactment of legislation looking to any Labor Union No. 8374, of Decatur; of Federal Labor Union No. change as to the public domain, either by lease or otherwise; 7241, of Dundee; of the illinois State Federation of Labor, of Ke which were referred to the Committee on Public Lands. wanee; of Federal Labor Union No. 9020, of Beardstown; of the Mr. FORAKER presented a memorial of the Trades and Labor Post-Office Clerks' Union No. 8703, of Chicago, and of the Jour Council of Ironton, Ohio, remonstrating against the sentence im neyman Barbers' Local Union No. ·119, of Pontiac, all of the posed upon and subsequent imprisonment of Santiago Iglesias American Federation of Labor; of the Scandinavian Local Union and other citizens of Porto Rico; which was referred to the Com No. 194, Brotherhood of Painters and Decorators, of Chicago, and mittee on Pacific Islands and Porto Rico. of Local Union No. 781, United Mine Workers of America, of De Mr. FRYE presented a memorial of the National Live Stock catur, all in the State of illinois, and of the Building Trades Coun Exchange, remonstrating against the passage of the so-called cil, American Federation of Labor, of :Minneapolis, Minn., praying Grout bill to regulate the manufacture and sale of oleomargarine; for the reenactment of the Chinese-exclusion law; which were which was referred to the Committee on Agriculture and For referred to the Committee on Immigration. estry. He also presented a petition of the Merchants' Association of THE NICARA.GUA. CANAL. New York, praying for the reorganization of the consular service; Mr. PLATT of New York. I move that an article on the which was ordered to lie on the table. Nicaragua Canal, contributed by the late Gen. Ulysses S. Grant 1\Ir. MILLARD presented a petition of 36 citizens of Fairburg, to the North American Review, in relation to the Nicaragua Nebr., praying for the adoption of an amendment to the Consti Canal, be printed as a document and referred to the Committee tution to prohibit polygamy; which was referred to the Commit on Interoceanic Canals. tee on the Judiciary. The motion was agreed to. He also presented a petition of 54 post-office clerks of Omaha, Nebr., praying for the enactment of legislation providing for the REPORTS OF COMMITTEES. classification of the salaries of clerks in first and second class post Mr. BURNHAM, from the Committee on Claims, to whom was offices; which was referred to the Committee on Post-Offices and referred the bill (S. 3546) for the relief of L.A. Noyes, reported Post-Roads. it without amendment, and submitted a report thereon. He also presented a petition of 102 business firms of Omaha, Mr. CULLOM, from the Committee on Foreign Relations, to Nebr., praying for the adoption of ·certain amendm~nts to the whom the subject was referred, reported a bill (S. 4012) to au present banluuptcy law; which was referred to the Committee thorize G. B. Brackett, Pomologist, Department of Agriculture, on the J ucliciary. to accept a decoration tendered to him by the Government of He also presented petitions of sundry citizens and business firms the French Republic; which was read twice by its title. of Lincoln, O'Neill, York, Omaha, Riverton, Archer, Amelia, He also, from the same committee, reported an amendment pro Osceola, Cavenna, Wahoo, Fremont, Havelock, Elwood, Emmet, posing to appropriate $750 for salary of consul at Riga, Russia, Minden, Clarks, Ponca, Newport, Petersburg, Pawnee City, Gas intended to be proposed to the diplomatic and consular appro per. Anita, Gibbon, Oakland, Palmer, Wilber, Savage, Schuyler, priation bill, and moved that it be printed, and, with the accom Neligh, and Kearney, all in the State of Nebraska, praying for panying paper, referred to the Committee on Appropriations; the passage of the so-called Grout bill to regulate the manufac which was agreed to. ture and sale of oleomargarine; which were referred to the Com He also, from the same committee, to whom were referred the mittee on Agriculture and Forestry. following bills, reported adversely thereon, and the bills were post He also presented petitions of Coopers' Local Union No. 10, poned indefinitely: American Federation of Labor, of South Omaha; of Dahlgren A bill (S. 2297) to authorize the issue of letters rogatory by the Post, No. 55, of Papillion; of Sedgwick Post, No.1, of Kearney; of Spanish Treaty Claims Commission; and 1898 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19,
A bill (S. 3285) defining the evidence to be received by the A bill (S. 4035) granting an increase of pension to Samuel J. Spanish Treaty Claims Commission. Reed (with accompanying papers); Mr. LODGE, from the Committee on Foreign Relations, to A bill (S. 4036) granting a pension to Napoleon B. Greathouge whom was referred the bill (S. 1618) to provide for the reorgani (with accompanying papers); and zation of the consular service of the United States, reported it A bill (S. 4037) granting an increase of pension to James Mc with amendments, and submitted a report thereon. Twiggan (with accompanying papers). BILLS AND JOINT RESOLUTION INTRODUCED. Mr. MASON introduced· a bill (S. 4038) to provide for the edu cation of the blind, and so forth; which was read twice by its Mr. COCKRELL introduced a bill (S. 4013) granting an increase title, and referred to the Committee on Education and Labor. of pension to Stephen M. Fitzwater; which was read twice by its He also introduced a bill (S. 4039) granting an honorable dis title. charge to Nelson J. Blatherwick; which was read twice by its 1 Mr. COCKRELL. To accompany the bill I present the appli title, and, with the accompanying papers, referred to the Com cation for increase of pension of Stephen M. Fitzwater, together mittee on Military Affairs. with his militar7 record and a report from the Pension Office and He also introduced a bill (S. 4040) for the relief of Benton L. the affidavits o Dr. U. F. Kerr, G. H. Simmons, J. B. Melton, Phillips; which was read twice by its title, and, with the accom James D. Head, and H. H. Lee. I move that the bill and accom panying paper, referred to the Committee on Claims. panying papers be referred to the Committee on Pensions. He also introduced a bill (S. 4041) for the relief of F. J. Bis The motion was agreed to. sell· which was read twice by its title, and refeiTed to the Com Mr. COCKRELL introduced a bill (S. 4014) granting an increase mittee on Claims. of pension to John J. Roberts; which was read twice by its title. Mr. MILLARD introduced the following bills; which were sev Jrfr. COCKRELL. To accompany the bill I present the petition erally read twice by their titles, and referred to the Committee for increase of pension of John J. Roberts, together with the affi on Pensions: davits of Dr. Z. T. Martin, A. Helphenstine, and J. T. Quick and A bill (S. 4042) granting an increase of pension to William H, records from the War Department, Auditor's Office, and Pension Norton (with accompanying papers); and Office. I move that the bill and accompanying papers be referred A bill (S. 4043) granting an increase of pension to Catharine A. to the Committee on Pensions. Carroll (with accompanying papers). The motion was agreed to. Mr. KITTREDGE introduced a bill (S. 4044) for the relief of Mr. CULLOM introduced the following bills; which were sev J. G. Vincent; which was read twice by its title, and, with the erally read twice by their titles, and referred to the Committee on accompanying papers referred to the Committee on Claims. Pensions: Mr. PETTUS introduced a bill (S. 4045) for the relief of George A bill (S. 4015) granting an increase of pension to Susan C. Gil F. Ormsby; which was read twice by its title, and referred to the breath (with accompanying papers); Committee on the Judiciary. A bill (S. 4016) granting a pension to Mary Keys (with accom- He also introduced a bill (S. 4046) for the relief of Samuel F. panying papers); . . . . . Ryan; which was rea4 twice by its title, and referred to the Com A bill (S. 4017) granting an mcrease of pensiOn to William mittee on Claims. St. Martz; and Mr. CARMACK introduced the following bills; which were A bill (S. 4018) granting a pension to Calvin S. James (with ac severally read twice by their titles, and referred to the Committee companying papers). on Claims: llr. CULLOM introduced a bill (S. 4019) authorizing the Sec A bill (S. 4047) for the relief of the estate of Phoebe Cummings, retary of War to issue an honorable discharge to Asa Colli.ns; deceased (with accompanying papers); which was read twice by its title, and, with the accompanymg A bill (S. 4048) for the relief of the estate of Edwin Grant (with papers. referred to the Committee on Military Affairs.. an a.ccompanying paper); Mr. WETMORE introduced a bill (S. 4020) for the relief of the A bill (S. 4049) for the relief of the estate of B. H. Caldwell heirs and legal representatives of those who .were killed by the (with an accompanying paper); explosion of the gun-cotton f~ctory at the U~ted St~tes. torpedo A bill (S. 4050) for the relief of the estate of F. T. McLaurine station at Newport R. I.; which was read twice by Its title, and (with an accompanying paper); referred to the Committee on Claims. A bill (S. 4051) for the relief of the estate of Andrew Scott Mr. HAWLEY introduced a bill (S. 4021) granting a pension to (with an accompanying paper); Sarah France~ Taft; which was read twice by its title, andre A bill (S. 4052) for the relief of the estate of Jonathan Mills ferred to the Committee on Pensions. (with an accompanying paper); · . :l!Ir. DRYDEN introduced a bill (S. 4022) granting an increase A bill (S. 4053) for the relief of the estate of Lemuel Long (mth of pension to Annie E. Brown; which was read twice by its title, an accompanying paper); and referred to the Committee on Pensions. A bill (S. 4054) for the relief of E. C. Overton (with an accom Mr. Mcl\IILLAN introduced a bill (S. 4023) granting ~n in panying paper); and crease of pension to Alman J. Houston; which was read twice by A bill (S. 4055) for the relief of James Crews. its title and, with the accompanying paper, referred to the Com- Mr. DOLLIVER introduceda bill (S.4056) granting an increase mittee on Pen ions. · of pension to Minerva M~lton; which was rea,d twice by its tit~e, Mr. DEPEW introduced a bill (S. 4024) for the relief of G. G. and, with the accompanymg papers, was referred to the Commit Martin; which was rea4 twice by its title, and referred to the tee on Pensions. Committee on Military Affairs. J.\.fr. BLACKBURN introduced a bill (S. 4057) granting an in lli. FAIRBANKS introduced a bill (S. 4025) grant~g a pension crease of pension to Frank M. Schell; which was read twice by its to Jo eph B. Voris· which was read twice by its title, and re title, and referred to the Committee on Pensions. ferred to the Committee on Pensions. He also introduced a bill (S. 4.058) for the relief of Sarah K. T. He also introduced a bill (S. 4026) to remove the charge of de Baker; which was read twice by its title, and referred to the Com sertion from the record of F. W. Zickendrath;. which wa~ .read mittee on Claims. twice by its title, and referred to the Committee on Military Mr. PETTUS introduced a bill (S. 4059) for the relief of George Affairs. . B. Caldwell as administrator of Hamlin Caldwell, deceased; Mr. MASON introduced the following bills; which wer~ sever which was read twice by its title, and referred to the Committee ally read twice by their titles, and referred to the Committee on on Claims. Pensions: . Mr. CLAY introduced a bill (S. 4060) for the relief of the es A bill (S. 4027) granting a pension to Sophia McClelland (With tate of Leander C. McLelland, decea ed; which was read twice accompanying papers); . . . by its title, and referred to the Committee on Claims. A bill (S. 4028) granting an mcrease of pension to Michael G. Mr. FORAKER introduced a bill (S. 4061) granting a pension Kauffmann (with accompanying papers); . to Lina V. Dietz; which was read twice by its title, and, with A bill (S. 4029) granting a pension to Mary J. Parker (mth ac- the accompanying paper, referred to the Committee on Pensions. companying papers); . Mr. NELSON (by request) introduced a joint resolution (S. R. A bill (S. 4030) granting a pension to Charles F. Huston (with 60) giving the thanks of Congress to Capt. Charles A. De Arnaud, an accompanying p~per); . . . . on the staff of General Fremont, Missouri Volunteers, for very A bill (S. 4031) granting an mcrea.se of pension to William E. important and meritorious services rendered to the country in Ward (with accompanying p:1.p~rs); . . 1861; which was read twice by its title, and referred to the Com A bill (S. 4032) granting an mcrease of pension to On'In L. mittee on Military Affairs. Mann;A bill (S. 4033) granting an increase of pensiOn . to w·ruI am H . AMENDMENTS TO BILLS. Wilson (with accompanying p~pers); . Mr. LODGE submitted an amendment intended to be proposed A bill (S. 4034) granting an mcrease of pension to Emma Ochs by him-to the bill (H. R. 8587) for the allowance of certain claims (with accompanying papers); for stores and supplies reported by the Court of Claims under the 1902. CONGRESSIONAL RECORD-SENATE. 1899 t>rovisions of the act approved March 3, 1883, and commonly A bill (S. 888) granting an increase of pension to Mary Taylor; known as the Bowman Act; which was referred to the Committee A bill (S. 889) granting an increase of pension to Charles F. on Claims, and ordered to be printed. Burger; , Mr. MONEY submitted an amendment intended to be proposed A bill (S. 890} granting an increase of pension to Catharine by him to the bill (H. R. 8587) for the allowance of certain claims Moore; for stores and supplies reported by the Court of Claims under the A bill (S. 891) granting a pension to Lucinda W. Cavender; provisions of the act approved March 3, 1883, and commonly A bill (S. 919) granting an increase of pension to Daniel C. kno1V'Il as the Bo\"rnlan Act; which was refened to the Committee Knowels; on Claims, and ordered to be printed. A bill (S. 920) granting an increase of pension to Francis M. Mr. FORAKER submitted an amendment providing for an Reilly· increase in the sal:u~y of the cons1:1 at Mannheim, Germany, A bill (S. 1020) for the relief of John Emerson; intended to be proposed by him to the diplomatic and consular ap A bill (S. 1094) granting an increase of pension to Henry Gifford propriation bill; which was referred to the Committee on Foreign Dunbar; Relations, and ordered to be printed. A bill (S. 1143) granting an increase of pension to Charles L. He nlso submitted an amendment providing for an increase in Sweatt: the allowance for clerk hire at the consulate a.t Edinburgh, Scot A bill (S. 1148) granting an increase of pension to Dennis Han land, intended to be proposed by him to the diplomatic and con nifin· sular appropriation bill; which was referred to the Committee on A bill (S. 1167) granting an increase of pension to John Fhl' Foreign Relations, Q,nd ordered to be printed. guson; He also submitted an amendment providing for an increase in A bill (S. 1267) granting an increase of pension to Susan F. the salary of the consul at Turin, Italy, intended to be proposed Connit: by him to the diplomatic and consular appropriation bill; which A bill (S. 13.29) granting an increase of pension to George W. was refen-ed to the Committee on Foreign Relations, and ordered Black: to be printed. A bill (S. 1337) granting an increase of pension to Mary R. Mil He also submitted :m amendment providing for a change of the ler; consulate at Rosario, Argentine from class 6 to class 4, intended A bill (S.1465) granting an increase of pension to George Fow to be proposed by him to the diplomatic and consular appropria ler: tion bill; which was referred to the Committee on Foreign Rela A bill (S. 1610) granting an increase of pension to Napoleon B. tions, and ordered to be printed. ~~; ' He also submitted an amenQ:ment providing for an increase in A bill (S. 1621) granting an increase of pension to David the salary of the consul at Cologne, Germany, intended to be Pollock; proposed by him to the diplomatic and consular appropriation A bill (S. 1622) granting a pension to Theophilns Goodwin; bill; "'"hich was referred to the Committee on Foreign Relations, A bill (S. 1783) granting an increase of pension to Henry B. and ordered to be printed. Schraeder; INDEX OF PUBLIC DOCUMENTS. A bill (S. 1805) granting a pension to Laura R Wear; A bill (S. 1977) granting an increase of pension to Harrison T. Mr. CULLOM submitted the following concun-ent resolution; DeLong; which was refen-ed to the Committee on Printing: A bill (S. 2010) granting an increase of pension to Marcia M~ Re olved by th~ Senate (the House of Representatives concun-ing}, That there be printed the number of copies hereafter sta.ted of Tables of an Annotated Menitt; Index to the Congrdssional Series of United States Public Documents, pre A bill (S. 2107) granting a pension to Matilda Armstrong; pared tmder the snparvision of the Superintendent of Documents, 51n> A bill (S. 2128) granting a pension to Jane Taylor;. copies, 1,000 copies for the use of the Senate, 3,000 for the House of Repre:sent A bill (S. 2131) granting a pension to Carolina N. Allen; atives, and 1,000 for the Superintendent of Documents. A bill (S. 2161) granting an increase of pension to A. Custis I .A.PPORTIONXENT OF DEPARTMENTAL EMPLOYEES. Stever Carpenter; Mr. TILLl\fAN submitted thefollowingresolntion; which was. A bill (S. 2334) granting an increase of pension to Oscar Reed: considered by unanimous consent, and agreed to: A bill (S. 2359) granting an increase of pension to Samuel R esoh:ed, That the Civil Service Com..mission is hereby directed to transmit Hymer: to t he Senate a full and accurate statement showing the apportionment A bill (S. 2389) granting a pension to John E. Farrell; among the several departments of the Government of persons now in the classi:fiad service from the several States and Territories and the District of A bill (S. 2390) granting a pension to Nellie M. Emery; ColU1D.b:a, and ~ving the percentages of the same as provided in section 2 of A bill (S. 2392} granting an increase of pension to Elmer L. a.n. act entitled' An act tore2Ulate and improve thecivilserviceof the United Stevens; States," approved January 13, 1883. A bill (S. 2484) granting an increase of pension to Loren S. REPORT OF INDUSTRIAL COMMISSION. Richardson; Mr. BARD submitted the following resolution; which, with the A bill (S. 2485) granting an increase of pension to Tempy accompanying paper, was referred to the Committee on Printing: French; Resol ved, That 5,000 copies of the report of the Industrial Commission on A bill (H. R. 286) granting an increase of pension to Lawrentus irrigation, which is incorporated in the final report of the Industrial Com Lane; m.i.s3ion, Volume XIX, pages lOTI to 1084, inclusive, be printed. and that 2,500 copies thereof be printed and bonnd in paper covers for the use of the Geo A bill (H. R. 287) granting an increase of pension to Leighton logical Survey. J. Folsom; MESSAGE FROM THE HOUSE. A bill (H. R. 815) granting an increase of pension to Henry S. A message from the Honse of Representatives, by Mr. C. R. Comer; McK:M'ffiEY, its em·olling clerk, announced that the Honse had A bill (H. R. 1017) granting a pension to Mary Tripp; disagreed to the amendments of the Senate to the bill (H. R. A bill (H. R. 1285) granting an increase of pension to CyrnB 1030tl ) to provide for a permanent Census Office, asks a conference Odell; with the Senate on the disagreeing votes of the two Houses there A bill (H. R. 1374) granting an increase of pension to James on, and had appointed Mr. HOPKINS, Mr. RussELL, and Mr. GRIF Willard; FITH managers at the conference on the part of the Honse. A bill (H. R. 1728) granting an increase of pension .to George W. Thom-pson; ENROLLED BILLS SIG...'\'ED. A bill (H. R. 2193) granting an increase of pension to David A. The message also announced that the Speaker of the House had Ireland; signed the following enrolled bills, and they were thereupon A bill (H. R. 2265) granting an increase of pension to Martin V. signed by the President pro tempore: Hathaway; A bill (S. 193) granting a pension to Richard W. Musgrove; A bill (H. R. 2321) granting an increase of pension to Joseph A bill (S. 194) granting a pension to Joseph W. Mulford; R. Martin: A bill (S. 197) granting an increaseofpensiontoJohn Chandler; A bill (H. R. 2412) g1·anting a pension to Helen L. P epper; A bill (S. 199) granting an increase of pension to Nathaniel A bill (H. R. 2416) granting an increase of penBion to John B. Eaton; ~ Wilcox; A bill (S. 200) granting an increase of :pension to Eunice P. Det- A bill (H. R. 2429) granting an increase of pension to John C. weiler: . Morrison; A bill (S. 232) granting a pension to Mary E. W. Morgan; A bill (H. R. 2455) granting an increase of pension to George A bill (S. 526) granting an increase of pension to John McGrath; W. McClure; A bill (S. 568) granting an increase of pension to Henry Fisher; A bill (H. R. 2484) granting an increase of pension to Jeremiah A bill (S~ 692) granting an increase of pension to Daniel T. Evans; Rose; A bill (H. R. 2502) granting an increase of pension to Ambrose A bill (S. 887) granting an increase of pension to Sarah Mc- Burton; Cord; A bill (H. R. 2528) granting a pension to Helen M. Evans; 1900 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19,
A bill (H. R. 2607) granting an increase of pension to Uriah S. PERMANENT CENSUS OFFICE. Karmany; The PRESIDENT pro tempore laid before the Senate the action A bill (H. R. 2617) granting an increase of pension to John of the Honse of Representatives disagreeing to the amendments Rapple; . . . of the Senate to the bill (H. R. 10308) to provide for a permanent A bill (H. R. 2628) grantmg an mcrease of pension to Andrew Census Office, and requesting a conference with the Senate on the Mulholland; disagreeing votes of the two Houses thereon. A bill (H. R. 2983) to amend an act entitled "An act granting Mr. QUARLES. Imovethatthe Senateinsistnponits amend~ an increase of pension to Francis M. Thompson," approved ments and accede to the request of the Honse for a conference. March 3, 1901; The motion was agreed to. A bill (H. R. 3024) granting an increase of pension to Thomas By unanimous consent, the President pro tempore was author· V. Stran; . ized to appoint the conferees on the part of the Senate, and Mr. A bill (H. R. 3184) granting an increase of pension to DaVId QuARLES, Mr. McCoMAS, and Mr. T.ALIA.FERRO were ap:po.:.nted. Petee; A bill (H. R. 3230) granting a pension to Catherine Pflueger; MARTHA. R. OSBOURN. A bill (H. R. 3240) granting an increase of pension to Joseph Mr. GALLINGER. I desire to enter a motion to reconsider the Church; vote by which the Senate passed the bill (S. 2802) granting a pen- A bill (H. R. 3300) granting an increase of pension to George sion to Martha R. Osbourn. I move that the House be requested B. Boyd; . to return the bill to the Senate. A bill (H. R. 3413) granting an increase of pension to Jedediah The motion was agreed to. S. Vallet; A bill (H. R. 3511) granting an increase of pension to Mary C. AFF.A.illS IN THE PHILIPPINES. Newcomb; Mr. LODGE. I addressed a letter to the Secretary of War last A bill (H. R. 4037) granting a pension Julia Maher; to week for my own information, asking him if he could give ~e any A bill (H. R. 4182) granting an increase of pension to David information in regard to the charge~ ?~ crue~ty and opp~es~wn ex Cupps; . M ercised by our soldiers or by our Civilians m the Philippmes, of A bill (H. R. 4208) granting an increase of pensiOn to Susan . which there have been many charges in the press and some allu Pardee; . sions to them in debate. He replied to me this morning, sending A bill (H. R. 4268) granting an increase of pensiOn to James D. a bundle of papers co1taining a large amount of information on Woodward; those points. I ask that the Secretary's letter of transmittal, to A bill (H. R. 5002) granting an increase of pension to Thomas gether with the papers, may be printed as a Senate document. M. McConnaughey; . The PRESIDENT pro tempore. The Senator from Massachu A bill (H. R. 5108) granting an increase of pension to Elisha B. setts asks that the papers received from the Secretary o! War, to- · Taylor, alias Elisha T. Bisbee; gether with the letter of the Secretary of War, be pnnted as a A bill (H. R. 5147) granting an increase of pension to Theodore document. Is there objection? The Chair hears none, and it is Lane; . Ch 1 so ordered. A bill (H. R. 5149) granting an increase of pension to . ares E. Bachelder; . - PHILIPPINE TARIFF Bll..L. A bill (H. R. 5162) granting an increase of pension to Andrew The PRESIDENT pro tempore. The morning business is closed,. H. Gifford: · S and the Chair lays before the Senate the unfinished business. A bill (H. R. 5169) granting an increase of pension to Hiram . The Senate, as in Committee of the Whole, resumed the con Kingsley; . sideration of the bill (H. R. 5833) temporarily to provide revenue A bill (H. R. 5259) granting an increase of pension to Gustav for the Philippine Islands, and for other purposes. Schwartz; . E il The PRESIDENT pro tempore. The question before the Sen A bill (H. R. 5753) granting an increase of pension to m ate is on the amendment offered by the junior Senator from Colo Frank; · Ed d rado [Mr. P .ATTERSON]. A bill (H. R. 5860) granting an increase of pensiOn to war Mr. BURROWS. Mr. President, the debate upon this meas B. Scott; - · to "'l..r F ure has taken a very wide range, not broader, however, than the A bill (H. R. 6459) granting an increase of pensiOn .w.ary . importance of the question would justify. It is quite probable Hooper; · s 1 that the American Congress will never be confronted with a A bill (H. R. 6465) granting an increase of pension to amne proposition more important than that involved in this whole Briscoe; . u shall Philippine controversy. - A bill (H. R. 6684) granting an increase of pensiOn to .w.ar I shall not attempt to go over the entire subject, but confine Bachelder; . myself to the consideration of the Philippine question proper, and A bill (H. R. 6720) granting an increase of pensiOn to George the measure before the Senate-how it happens that we are in the Patterson; Philippines and why we should remain there. A bill (H. R. 6926) granting a pension to Mabel H. ~azear; . Whatever differences of opinion may have heretofore existed A bill (H. R. 7408) granting an increase of pension to LeVI (and that there have been such differences no one can deny) Cross; · to K te touching the wisdom, in the beginning, of acquiring the Philip A bill (H. R. 9312) granting an increase of pension a pine Archipelago, a revival of that controversy at this time can Virginia Dewey Cushing; and not possibly aid us in the remotest degree in solving the impor A bill (H. R. 10789) to transfer the co~tr of Carroll ~rom the northwestern division of the northern distnct of Georgia of the tant question in hand. United States district and circuit courts, and for other purposes. We are dealing with conditions as we find them to-day and not with the theories of the past. "It is a condition," as an eminent ENID AND ANADARKO RA.ll.WAY COMPANY, gentleman onc_e said, "that confronts us and nTaft Commission shall remain in full force and ef W. A. HARRIS). fect, continuing in operation a measure designed to raise revenue J. L. RAWLINt! for the support of the government in those islands. Managers on the part of the1 Senate. On an examination of the measure proposed as a substitute by JOHN F. LACEY, the minority it will be found that we happily do not differ upon C. D. SHELDEN, JOHN H. STEPHENS, that question except in this respect: We propose to continue in Managers on the part of the House. force that provision of the Taft Commis ion for raising revenue, The report was agreed to. while the minority propose to continue in force not only that 1902. CONG1RESSIONAL RECORD-SENATE. 1901. .' measure, but every other legislative act passed by the Taft Com was cast, and on the 21st day of April, 1898, war against the mission, including the statute in relation to treason. I will read Kingdom of Spain was proclaimed. This declaration meant, of that provision of the substitute of the minority: course, a conflict with that Kingdom on land and sea, and one That until the people of the islands shall establish a. ~overnment, a.s here of the first objects to be attained in its successful prosecution was inbefore provided, a.llla.ws, rules, a.nd regulations now m force for the gov the destruction of the Spanish fleet, which. wherever it might be, ernment of the islands and the raising of revenue therefor sha.ll be in force, except as the same may be in confiict with this act. was sure, if not destroyed, to be an aggressive and dangerous power in menacing our commerce and our extensive, a.nd in some There is no controversy, therefore, between the two sides as to instances our defenseless, coast. To guard against and avert this the necessity of raising revenue for the government of the islands. danger the following order was sent to Admiral Dewey,.April24, Whatever may be our stay in the islands, whether temporary or 1898, three days after the declaration of war: protracted, we are agreed that the act passed for raising revenue by the Taft Commission shall continue in force as a necessary W A..SHINGTON, ~priZ !4, 1898. means of providing revenue for carrying on the goverriment in DEWEY, Hongkong: War has been commenced between the United States and Spain. Pro those islands. ceed at once to the Philippine Islands. Commence operations at once, par· Turning to the report of the minority of the committee on their ticula.rly against the Spanish fleet. You must capture vessels or destroy, substitute we find this statement: Use utmost endeavors. LONG. Our opposition is not based on any mere question of revenue or any theory concerning the form and principles of taxation. Is that action subject to criticism? Will anyone presume to Confirming the harmony of views upon this point. criticise that order? Indeed, the President of the United States But while thllS acquiescing in the necessity for the enactment would have been severely condemned if it had not been issued. of the main provisions of the bill, as long as the present policy of . Imm~diately upon receipt of information that the Spanish fleet the Government toward the Philippines is continued and main m Manila Bay had been destroyed, the President telegraphed the tained, yet the minority, in broader provision, proposed to termi commander of the fleet to be informed what land forces would be nate that policy, outlining a plan which, in their judgment, needed ~ prosecute the advantage already gained to a successful should be promptly declared and executed. In other words, CO!iclusiOn, and was informed that while the city of Manila they present the whole question of the future government of rmght be taken by bombardment, yet the city and adjacent those islands, quite foreign, possibly, to the measure before ihe country could not be held without the assistance of an adequate Senate, but quite proper, nevertheless, in view of the importance land force. of the subject. There,:upon the President ordered General Merritt to proceed at The minority propose: once Wlth an army of 15,000 men to cooperate with Admiral First, '.'that the United States shall continue to occupy and Dewey in his operations against Manila. With this reenforce govern said archipelago," forgetting, for the time being, that ment, and on the 13th day of AugllBt, 1898, the surrender of Ma this is to be done "without the consent of the governed," until nila was demanded, and, under the joint assault of the Navy and we have "established a stable government." Arm.Y, Manila, the capital of the .Philippines, with its Spanish We are to remain in the islands " until sufficient guarantees garnson, s~~ndered to the Amencan forces. Will anyone pre-· have been obtained for the performance of our treaty obligations s-r;tme to cntiCise that? Thn:s we secured a foothold in the Philip with Spain.'' What those guaranties shall be is not disclosed. pmes, every step toward which was taken in an orderly and legit That we are to remain there until sufficient guaranties have imate way, in the prosecution of what was regarded the world been obtained "for the safety of those inhabitants who have ad over as a jllSt and humane war. hered to the United States;" and . The P,:urPOSe of the United States in taking possession of the Weare to govern'' withauttheirconsent ''until we have secured Islands IB so clearly set forth in the instructions of President Mc sufficient guaranties" for the maintenance and protection of all ~ey to the commander of the e~edition that I beg to insert rights which have accrued under the authority of the United 1~ m the RECORD as a part of the historyleadinguptothe occupa States." tion of the archipelago, calling attention in passing only to a few When that consummation is to be attained nobody on earth can passages therein: possibly predict. WAR DEPARTMENT, Washington, May t8, 1898. Maj. Gen. WESLEY MERRITT, U. S. A., Secondly, "that as soon as these results have been accom Commanding ~rmy of Occupatio-n to the Philippines, plished it is declared to be the purpose of the United States, which Washington, D. C. the President is directed to carry into effect, to withdraw from GENER.U.: The following instructions of the President are communicated said islands and leave the government, control, and sovereignty to you for your information and guidance: thereof to the inhabitants of the same, retaining only such mili ExECUTIVE MANSION, Washington, May 19,1898. tary, naval, and coaling stations as may be designated by the The SECRETARY OF WAR. Government of the United States." . Srn: The destrucf:ion of the _Spanish fleet. at Manila, followed by the t.ak The next stipulation is the provision which I have already read. m~
' 1902 CONGRESSIONAL RECORD- SENATE. FEBRU.A.RY 19' such aa has just been defined, it will. be his duty to adopt measures of a dif (The custodian of all property of the character mentioned in this section I ferent kind if, unfortunately, the course of the people should render such will make promp1freturns thereof to these hec'l.dquarters, stating cha~--.cter measures indispensable to the maintenance of law and order. He will then and location and embodying such recommendations as they may think proper possess the power to replace or expel the native officials in part or altogether, for the full protection of the properties under their care and custody that to substitute new courts of his own constitution for those that now exist, or proper orders may issue enjoining the cooperation of both military a~d civil to create such new or supplementary tribunals as may be necessary. In the authorities in soouring such protection.) exercise of these hi~h powers the commander must be guided by his judg · VII. The commanding general, in announcing the establishment of mili ment and his ex:penence and a high sense of justice. tary government and in entering upon his duty as military governor, in pur One of the most important and most practical problems with which the suance of his appointment as such by the Government of tlie United States, commander of the expedition will have to deal is that of the treatment of desires to assure the people that so long as they preserve the peace and per property and the collection and admin:i:stra.tion of the revenues. It is con form their duties toward the representatives of the United States they will ceded that all public funds and securities belonging to the government of the not be disturbed in their persons and property, exct>pt in so fal.' as may be country in its own right, and all arms and supplies and other movable prop found necessary for the good of the service of the United States and the erty of such government may be seized by the military occupant and con benefit of the people of the Philippines. verted to the use of this Government. The real property of the state he may WESLEY MERRITT, hold and administer, at the same time enjoying the revenues thereof, but he Majm·-Genetal, U. 8. A1·my, Conunanding. is not to destroy it, save in the case of military necessity. All public means of transportation, such as telegra:ph lines, cables, rail Is there anything censurable in that proclamation? We were at ways, and boats belonging to the St!J,te may be appropna.ted to his use; but, war with Spain, but the army of occupation was enjoined to protect unless in case of military necessity, tli~ are not to be destroyed. All churches the interests and the property of the people of Manila and the ter and buildings devoted to religious wo.rship and to the arts and sciences, all schoolhouses. are, so far as possible, to be protected, and all destruction or in ritory under its control. Soon after that, and on the 12th day of tentional defacement of such places, of historical monuments or archives or August, 1898, fortunately a protocol was signed, an agreement of works of science or art, is prohibited, save when required by urgent mili- for peace between Spain and the United States-to the material taryPnTa !J.ectessity. a property, w h e ther b e1 ongmg · to m· din ·dna ls or corporations,· lS· to part of which I desire to invoke special attention. It was stipu be respected, and can be conflseated only as hereafter indicated. Means of lated in that protocol- transportation• such as telegraph lines and cables, railways, and boats may, TJ?.at the t;Tnited States~ occupy and hold the city, bay, and harbor o! although they oelong to private individuals or corporations, be seized by the M&nila pendin~ the conclusion of a treaty of peace which shall determine the military occupant, but, unless destroyed under military necessity, are not to control, dispoSition, and government of the Philippines. be reto.med. While it is held to be the right of a conqueror to levy contributions upon This was a most solemn national agreement, to the fulfillment the enemy in their seaports, towns, or provinces which may be in his mili of which we as a. nation were obligated by every consideration of tary possession hy- conquest, and to apply the proceeds to defray the expenses of the war, this nght is to be exercised within such limitations that it may public honor and duty, at whatever sacrifice of blood or trea ure. not savor of confiscation. As the result of military occupation the taxes and The protocol having been adopted by the Spanish Senate and signed duties payable by the inhabitants to the former government become payable by the Queen September 10, 1898 President McKinley immediately to the military occupant, unless he sees fit to substitute for them other rates or modes of contribution to the expenses of the government. The moneys thereafter proclaimed an armistice, and the war with Spain ~as so collected are to be used for the purpose of paying the expenses of govern at an end. ment under the military occupation, such as the salaries of the judges and On December 10, 1898, the final treaty of peace between the the police, and for the payment of the expenses o:f the a.rmy. Private property taken for the use of the army is to be paid for, when :v.os United States and Spain was signed, by the terms of whichitwas sible.,in cash, at a fair valuation, and when payment in cash is not poSSlble stipulated that- receipts are to be given. Spain cedes to the United States the a-rchipelago known as the Philippine In order that there may be no conflict of authority between the Army and hlands, and the United States shall pay to Spain the. sum of $20, The taxes and duties heretofore payable by the inhabitants of the late gov of December 28, 1898. They direct me to publish and proclaim, in the most ernment become payable to the authorities of the United States, unle...c;s it be public manner, to the inhabitants of these islands that in the war against seen fit to substitute for them other reasonable rates or modes of contribu Spain the United States forces came here to destroy the J»·wer of that nation tion to the expenses of government, whether ~eneral or local. If privnte and to give the blessings of peace and individual freedom to the Philippine prope=\ty be taken for military use, it shall be paid for, when possible, in cash people; that we are here as friends of the Filipinos, to yrotect them in their at a fair valuation, and when payment in cash is not practicable, receipts homes, their employments, their individual and religious liberty, and that are to be given. all persons who, either by active aid or honest endeavor, cooperate with the All ports and places in the Philippine Islands in the actual possession of Government of the United States to give effect to these beneficent purposes, the land and naval forces of the United States will be opened to the com will receive the reward of its support and protection. merce of friendly nations. All goods and wares not prohibited for military The President of the United States has assumed that the municipal laws reasons by due announcement of the military authority will be admitted of the country in respect to private rights and property and the repression upon pn.yment of such duties and other charges as shall be in force a.t the of crime are to be considered as continuing in force in so far as they be ap time of their importation. plicable to a. free people, and should be administered by the ordinary tribu Finally, it should be the earnest and paramount aim of the military ad nals of justice, presided over by~epresentatives of the people and those in ministration to win the confiden~~ respect, and affection of the inhabitants thorough sympathy with them in their desires for good government; that of the PhilipY.ines by assuring to mem in every possible way that full meas the functions and duties connected with civil and municipal administration ure of indiVldual rights and liberty which is the heritage of free people, are to be performed b:y such officers as wish to accept the assistance of the and by vroving to them that the mission of the United States is one of benevo United States, chosen m so far as it may be practicable from the inhabitants lent a.ss1milation, substituting the mild sway of justice and right for arbi- of the islands; that while the management of public property and revenues trary rule. . &.nd the use of a.ll public means of transportation are to be conducted u.nder Iu the fulffilment of this high mission, supporting the temperate adm.i-nis the military authorities until such authorities can be replaced by civil ad tration of ai[a.irs for the greatest good of the governed, there must.be sedu ministration, all private property, whether of individuals or corporations, lously maintained the strong arm of authority to repress disturbances and to must be respected and protected. overcome all obstacles to the bestowal of the blessings of good and stable If private property be taken for military uses it shall be paid for at a fair government upon the people of the Philippine Islands und~r the flag of the valuation in cash, if possible, and when payment in cash is not practicable at United States. the time, receipts therefor will be given, to be taken up and liquidated as WILLIA.1I McKINLEY. soon as cash becomes available. The ports of the Philippine lslands shall be open to the commerce of all foreign nations, and goods and merchandise not Mr. TILLMAN. Mr. President- prohibited for military reasons by the military authorities shall be admitted The PRESIDENT pro tempore. Does the Senator from Michi upon payment of such duties and charges as shall be in force at the time of importation. gan yield to the Senator from South Carolina? The President concludes his instructions in the following language: Jltfr. BURROWS. Certainly. "Finally, it ~hould be the earnest and paramount aim of the Administration Mr. TILL1tfAN. Does the Senator contend that the President to win the confidence, respect, and affection of the inhabitants of the Philip had any authority to issue that order? pines by insuring to them, in every pos ible way, the full measure of indi vidual rights and liberty which is the heritage of a free people, and by proving Mr. BURROWS. I have no doubt of it. to them that the nilision of the United States is one of beneficent aseimilation, Mr. TILLMAN. The treaty had not been ratified, and there which will substitute the mild sway of justice and ri~ht for arbitrary rule. fore it had no legal status, and so I do not see where the legal In the fulfillment of this high mi..ssion, while upholding the temporarx ad ministration of affairs for the greatest good of the governed, there will be authority to act in a way that might have produced war contrary eedulously maintained the strong arm of a-uthority to repress disturbance, to the terms of the truce with Spain comes in. and to OTercome &ll obstacles to the bestowal of the blessings of good and Mr. BURROWS. The President of the United States, as it stable government upon the people of the Philippine Islands." From the tenor and substance of the above 1nstructions of the President, will be observed from this communication, said that the signa I a.m fully of the opinion that it is the intention of the United States Govern tlll'es to the treaty of peace between the United States and Spain ment, while directing affairs generally, to appoint the representative men now forming the controlling element of the Filipinos to civil positions of had already been attached. trust and responsibility\ and it will be my aim to appoint thereto such Fili Mr. TILLMAN. But, Mr. President- pinos as may be accepts. ole to the supreme authorities at Washington. Yr. BURROWS. While the treaty had not been ratified, yet It is also my belie! that it is the intention of the United States Government the President, in hiB anxiety deal with those people in the most to draw from the Filipino people so much of the military force of the islands to as is possible and COMistent with a free and well-constituted government of generous manner, issued a proclamation through the commanqer the country, and it is~ desire to inaugurate a p9licy of that character. I of the forces in Manila directing the manner in which affairs in am also comrinced that i:t is the intention of the United States Government to seek the Mtablishment of a. most liberal government for the islands, in those islands were to be conducted. which the people theiruSelves shaU have as full representation as the main Mr. TILLMAN. In other words, if the Filipinos were to sub tenance of law and order will permit, and which shall be 8ll5ceptibleof devel mit unconditionally and without any guarantees as to what their opment, on lines of increased representation and the bestowal of increased l?<>Wel'!!~ into a government a.s free and independent as is enjoyed by the most future status would be, he would-the words " civil rights " be favoroo. provinces of the world. h:lg sedulously withheld or not contained in anything there, but It will be my constant endeavor to cooperate with the Filipino I>eo;P,le, seek merely their religious rights and rights of property and person ing the good of the country, and I invite their full confidence and a1d. in other words, their political status }>eing absolutely ignored and E. S. OTIS, they being treated as subjects with no future promise, did you Major-Gene-ral, U. 8. V., Military Governor. expect that those 9,000,000 people, who had gone to war with Subsequent events have shown beyond all controversy that that Spain for their own liberties, would submit to that kind of an policy has been faithfully carried out. order without any fighting? This declaration of the President and of the commander in the Mr. BURROWS. Oh, Mr. President, my friend is opening up field are sufticient to disclose the spirit and purpose of the United a very broad question. States in its dealings with the people of the Philippines. But the Mr. TILLMAN. That is the whole question. United States in upholding its sovereignty and in enforcing law and Mr. BURROWS. The President of the United·States issued order and protecting the lives and property of the inhabitants of this proclamation to the people of the Philippines, disclosing to the archipelago has not prosecuted this purpose solely through them the purpose of occupation of the islands. the harsh instrumentality of war, but have repeatedly and persist Mr. TILLMAN. Which was" benevolent assimilation." ently employed every possible method at their command to con· Mr. BURROWS. Very well. summate the pacification of the islands and the betteTment of the Mr. TILLMAN. If the Senator will explain what "benevolent people under American rule without resort to arms. assimilation" is, we will all know what the meaning of the Presi To this end, as early as January, 1899, before the treaty of peace dent was. had been ratified or proclaimed, President McKinley appointed Mr. BURROWS. Mr. President, I will proceed. a commission known as the Schurman Commission, composed In obedience to this declaration-- of those distinguished gentlemen, Jacob G. Schurman, Rear Mr. CULBERSON. Mr. President- Admiral Dewey, General Otis, Charles Denby, and Dean C. The PRESIDENT pro tempore. Does the Senator from Michi Worcester, to whom the President gave the following instruc gan yield to the Senator from Texas? tions, which so fully set forth the purpose of the President and Mr. BURROWS. Certainly. the object of the Commission that I will ask to have it inserted as Mr. CULBERSON. The Senator from Michigan has spoken part of my remarks. very highly of the proclamation of the President, which he has The PRESIDENT pro tempore. It will be inserted in the just read, on the ground of generosity. I desire to remind him, RECORD, in the absence of objection. so that we may have his observations upon that point, that that Mr. BACON. Will the Senator permit me to ask a question? proclamation was considered so extreme by General Otis that he Mr. BURROWS. Cert&inly. suppressed a portion of it in the proclamation which he subse Mr. BACON. I do so with great reluetanoe; but I did not un quently issued. derstand the Senator to repll_ ¥> the inquiry first made by the Mr. BURROWS. Subsequently, and in obedience to the decla Senator from South Carolina LM.r. Tn..LMA.N]. Does the Senator, ration in the message of the President, General Otis, in conform as a lawyer, recognize the rights of the President of the United ity to the President's direction, issued thefollowingproclamation States-not that particular President, but any President of the to tho people of the Philippines: United States-when a treaty has been negotiated and signed by PROCL..UUTION. the President on the one side and a foreign power on the other, 01'FICE OF THE MILITARY GOVERNOR but before there has been a ratification by the Senate, does the OF THE PHILIPPINE ISLANDS, Senator, as a lawyer, recognize that there is any power in the Manila, P. L, January 4, 11!99. Executive to issue a proclamation to the people affected by that To the People of the Philippine Islands: treaty assuming the right of sovereignty over them before the Instructions of His Excellency the Presidel'lt of the United States relative to the administration of affairs in the Philippine Islands have been trans ratification of the treaty by the Senate? That is the question I mitted to me by direction of the honorable the Secretary of War, under date should like to have the Senato1· answer. • . 1904 CONGRESSIONAL RECORD- SENATE. FEBRUARY 19, Mr. BURROWS. I do not care to enter into a discussion of that Mr. BURROWS. Certainly. question, for my purpose, as I sai~ in the beginning, was.t? P?int Mr. TILLMAN. Is there a word there about liberty and civil out the various steps taken by which we reached the Philippmes rights? and what we have done since occupying them, and to• stop and Mr. BURROWS. I can not inform the Senator now, but I will discuss these other questions would divert me entirely from the proceed to read to the Senator, and he can then discover for him purpose I have in view. self whether there is or not. That the President had the right to issue such a proclamation Mr. TILLMAN. Another question~ Was not the war of sub I have no doubt. It was issued to the people of the Philippines, jugation then in full swing? Had not the attack of the Philippine and it was to serve as a guide for the operations of the army un army, which occurred on Saturday before the treaty was ratified der the commander having its movements in charge. here on Monday, produced a condition of war which was-- The directions and instructions to the Commission were as fol Mr. BURROWS. Mr. President, evidently the Senator does lows: not understand what I am doing. ExECUTIVE MANSION, Mr. TILLMAN. Oh, the Senator is reading from the procla Washington, January SO, ·1899. The SECRETARY OF STATE: mation of the first Philippine Commission. My communication to the Secretary of War, da.teq December ~,_1898, ?e Mr. BURROWS. I am presenting the various steps leading up clares the necessity of extending the actual occupation and ~dminist!f~otion to the occupation of the islands and the action of this Government of the city, harbor, and bay of Manila to the whole of the terntory whi~ by after such occupation. the treaty of Paris, si~ed on December 10, 1898, passed from the sovereignty of Spain to the sovereignty of the United States, an~ the consequent es~b Mr. TILLMAN. But will the Senator- lishment of military government throughout the en~Ire ~o~p of ~he Philip Mr. BURROWS. TheSen~toraskedmewhethertheword "lib. pine Islands. While the treaty has not yet been ratified, It .18 _believed that erty '' occurs-- It will be by the time of the arrival at Manila. of the commlSSlone:s named below. In order to facilitate the most humane, pacific, and. effective exten The PRESIDENT pro tempore. Does the Senator from Mich sion of authority throughout these islands, and to sec~e, w~th the least pos igan decline to yield to the Senator from South Carolina? sible delay, the benefits of a. wise and generous protection of life a~d property Mr. BURROWS. I must decline to yield. to the inhabitants I have named Jacob G. Schurman, Rear-Admiral George Dewey, Maj. Gen.'~n~ell S. 9~, Charles De~by, and Dean C. Worcester to Mr. TILLMAN. Of course if the Senator wishes to make a constitute a. com.ml.SSion to aid m the accomplis:&.inent of these results. one-sided statement I can not object. In the performance of this duty, the commissioners are enjoined to me~t Mr. BURROWS. I have no such purpose, but evidently the at the earliest possible day in the city of Manila. and to announce, by a public proclamation, their presence and the mission intrusted to them,_ care~y questions of the Senator are intended rather to lead me away from setting- forth tha. 1!,. while the military gove~ent alreadY. proclarmed_IS to what I am ~cussing than to enlighten the subject. be mamtained a.na continued so long as neceSSity may reqmre, efforts will be I will continue the quotation: made to alleviate the burden of taxation to establish industrial and commer cial prosperity, and to provide ~or the safety of persons and property by such His Excellency the President of the United States believes that this felicity means a.s may be found condumve to th~ enqs. . .. and perfection of the Philippine people is to be brought about by the a.ssnrance The commissioners will endeavor, Without mterference mth the military of peace and order; by the guaranty of civil and religions liberty. authorities of the United States now in control of the Philippines,_to ascer tain what amelioration in the condition of the inhabitants and what rmprove I hope the Senator from South Carolina did not lose that state ments in public order ~y be ~racticable _a;nd for this purpose_ they will ment. I will repeat it, because I believe the Senator's attention study attentively the eXISting SOCial and polltical state of the va.nons P?P:U was diverted. lations particularly as regards the forms of local government, the adminis tration' of justice, the collection of c~~x;ns and other taxes, the .means of His Excellency the President of the United States believes that this felic transportation and the need of pr.olic Improvements. They will report ity and perfection of the Philippine people is to be brought about by the as surance of peace and order; by the gnaran~ of civil and and religions liberty; through the Department of .s~te, according U? the forms cnstoiii:8ory. or here by the establishment of justice; by the cultivation of letters, science, and the after prescribed for traJ:!SIDltting and ~reservmg ~uch commnmcations, the liberal and practical arts; by the enlargement of intercourse with foreign results of their observations and reflections, and will recommend such execu nations; by the expa.nsion of industrial pursuits, trade, and commerce; by the tive action as may from time to time se_em to them wise an~ us~ful. . multiplication and imJ?rovement of the means of internal communication; The commissioners are hereby authonzed to confer authoritatively With any by the development, With the aid of modern mechanical inventions, of the persons resident in the islands from whom they may believe themselv.es able great natural resources of the archipelago; and. in a word, by the uninter to derive information or suggestions valuable for the purposes of their com rupted devotion of the people to the pursuit of those useful objects and the missio;n, or whom they may choose to employ as agents, as may be necessary realization of those noble ideals which constitute the higher civilization of for this purpose...... mankind. The temporary government of the islands lS mtrnsted to the military au Unfortunately, the pure aims and purposes of the American Government thorities as already provided for by my instructions to the Secre~y of 'Wa.r and people have been misinterpreted to some of the inhabitants of certain of of Deceuiber 21, 1898, and will continue until Con~ shall deter~e oth~r the islands. As a consequence, the friendly American forces have, without wise. The Commission may render val~ble services l?Y e~mmmg With provocation or cause, been openly attacked. special care th9legislative needs of the vanons grouJ?S of inhabitan~, a.;nd by And why these hostilities? What do the best Filipinos desire? Can it be reporting, with recommendations, the measn;-es which ~ould be instituted more than the United States is ready to give? They are patriots and want for the maintenance of order\ peace, and publi~ welfare, either as ~J?po~ry liberty, it is said. The Commission emphatically asserts that the United steps to be taken immediate1y for the perfection of present administration States is not only willing, but anxious, to establish in the Philippine Islands or as suggestions for future legislation...... an enlightened system of government, under which the Philiv.pine people may In so far as immediate personal changes m tpe civil administration ~Y enjoy the largest measure of home rule and the amplest liberty consonant seem to be advisable, the commissioners are empowered to r~mm~nd smt with the supreme ends of government and compatible with those obligations able persons for appointment to these offices from a:mong ~he inhabit;ants of which the United States has assumed toward the civilized nations of the the islands who have previously acknowledged their allegmnce to this Gov- world. ernment. · · h :-..__b·ta· ts f th · lands The United States striving earnestly for the welfare and advancement of It is my desire that in ~ll their relations With t e .J..lJ.J..Wo I n o e IS. . the inhabitants of the Philippine Islands, there can be no real conflict between the commissioners exerClse due respect for all ~e Ideals, ~t-oms, and Insti .American oovereignty and the rights and liberties of the Philippine peo_ple. tutions of the tribes which comJ?OS6 t~e popnla.tion, emphasizing upon ~ oc For, just as the United States stands ready to furnish armies, navies, and all casions the just and beneficent mtentiOJ?-5 of the Governme~t ~f the Uruted the infinite resources of a. great and powerful nation to maintain and support States. It is also my wish and expectation that the .commiSSIOners t;nay be its rightful supremacy over the Philippine Islands, so it is even more solicit received in a manner due to the honored and authonzed repr~sentatives of ous to spread peace and happiness among the Philippine peov.le; to guarantee the American Republic, duly commissioned_ on account o~ their know!edge, them a rightful freedom; to protect them in their just privileges and immu skill, and integrity, as bearers of the good will, ~he prot-ection, and the riChest nities; to accustom them to free self-government in an ever-increasing meas blessings of a liberating rather than a conquermgWJi:LiAM McKINLEY. ure, and to encourage them in those democratic aspirations, sentiments, and ideals which are the promise and potency of a fruitful national development. It is the expectation of the Commission to visit the Philil>pine peoples in In obedience to these instructions the Commission proceeded to their respective provinces, both for the purpose of cultivating a more inti Manila the last member arriving on the 2d of April, 1899. Two mate mutual acquaintance and also with a. view to ascertaining from enlight days later, in obedience ~o the orders ~f. th~ President, they issued ened native opinion what form or forms of government seem best adapted to the Philippine peoples, most apt to conduce to their highest welfare, and most the following proclamation to the Philippme people: · conformable to their customs, traditions, sentiments, and cherished ideals. To the People of the Philippine Islands: Both in the establishment and maintenance of government in the Philippine The treaty of peace between the United States and Spain, ratified several Islands it will be the _policy of the Unit~d States to consult the views and weeks ago by the former having on March 20 been ratified by the latter, the wishes, and to securetheadvice,cooperation,andaid of the Philippine people cession to the United States, as stipulated by the of the themselves. ~~ty, sovereign~y In the meantime the attention of the Philippine people is invited to certain which Spain possessed and exerc~d over ~e Philippme Islands ?as now:\ m regulative principles by which the United States will be guided in its rela accordance with the laws of nations, received a complete and mdefeas10le tions with them. The following are deemed of cardinal importance: the high responsibilities and obligations with which the "1. The supremacy of the United States must and will be enforced co~U:rti~hitt throughout every part of the archipelago, and those who resist it can accom United States has thus become defl..nitely cha~ed III:8.Y be fnlfl.lled it:J !1- w:ay plish no end other than their own ruin. calculated to promote the best interests of the 4ilia.bitants of the P~ppme "2. The most ample liberty of self-government will be granted to the Phil· Islands, His Excellency the President~~ th~ Urute~ States J:1as appom~d the undersigned a. civil commission on Philippme affairS, clothing them With all ippine people which is reconcilable with the maintenance of a. wise, just, the powers necessary for the exercise of tha.t office. . . . stable, effective, and economica.ladm.inistra.tion of :public a.fl'a.irs, and compati The Commission desire to assure the people of the Philippme Islands of ble with the sovereign and international rights and obligations of the United the cordial good will and fraternal feeling which is entertained for .them by States. . His Excellency the President of the United States and by the Amencan peo "3. The civil rights of the Philippine people will be gna.ranteed and pro tected to the fullest extent; religions freedom assured, and all persons shall ple. The aim and object of the American Government, apart f~om the .ful have an equal standing before the law. fillment of the solemn obligations it hat asSUJ?-_Eld ~owa.rd the ~a.mily of nat~ons by the acceptance of sovereignty over theP~~pu:teislands, lS the we!J bemg, "4. Honor, justice, and friendship forbid the use of the Philippine people the prosperity, and the happi~~ of the Philippme ~e9~le and their elevar or islands as an object or means of exploitation. The purpose of the Ameri can Government is the welfare and advancement of the Philippine people. tion and advancement to a. position among the most CIVIlized peoples of the "5. There shall be guaranteed to the Philippine people and honest an effect world. ive cjvil service, in which, to the fullest-extent practicable, natives shall be Mr. TILLMAN. Mr. President-- employed. "6. The collection and application of taxes and revenues will be _put upon a. The PRESIDENT pro tempore. Does the Senator from Michi sound, honest, and economical basis. Public funds, raised justly and col gan yield to the Senator from South Carolina? lected honestly, will be applied only in defraying the regular and proper 1902. CONGRESSIONAL ·RECORD-SENATE. 1905 expenses incurred by and for the establishment and maintenance of the Phil ples, there is no general public opinion in the archipela&'o; but the men of ippine government, and for such general improvements as public interests property and education, who alone interest themselves m public affairs, in may demand. Local funds, collected for local purposes, shall not-be diverted general recognize as indispensable American authority, gUidance, and pro to other ends. With such a prudent and honest fiscal administration, it is tection. believed that the needs of the government will in a short time become com 5. Congress should, at the earliest practicable time, provide for the Philip patible with a considerable reduction in taxation. pines the form of government herein recommended or another equally liberal "7. A pure speedy, and effective administration of justice will be estab and beneficent. lished, whereby the evils of delay, corruption, and exploitation will be effect 6. Pending any action on the part of Congress, the Commission recommends ually eradicated. that the President put in operation this scheme of civil government in such "8. The construction of roads, railroads, and other means of communica parts of the archipelago as are at peace. tion and transportation, as well as other public works of manifest advantage 7. So far as the finances of the Philippines permit, public education should to the Philippme peo~le, will be promoted. be promptly established, and when establi'lhed made free to aU. "9. Domestic and foreign trade and commerce, agriculture, and other in 8. The greatest care should be taken in the selection of officials for admin dustrial pursuits, and the g~meral development of the country in the interest istration. They should be men of the highest character and fitness, and of its inhabitants will be constant objects of solicitude and fostering care. partisan politics should be entirely separated from the government of the "10. Effective provision will be made for the establishment of elementary Philippines. schools in which the children of the people shall be educated. Appropriate facilities will also be provided for higher education. I will read another quotation. Speaking of the past history of "11. Reforms in all departments of the.government, in all branches of the the people the Commission say: · public service, and in all corporations closely touching the common life of the people must be undertaken without delay and effected, conforma.bly to This is all the training in self-government which the inhabitants of the right and justice, in a way that will satisfy the well-founded demands and Philippine Islands have enjoyed. Their lack of education and political ex the highest sentiments and aspirations of the Philippine people." perience, combined with their racial and linguistic diversities. disQualify Such is the spirit in which the United States comes to the people of the them, in spite of their mental gifts and domestic virtues, to undertake the Philippina Islands. His Excellency the President, has instructed the Com task of governing the archipelago at the present time. The most that can be mission to make it publicly known. And in obeying this behest the Commis expected of them is to cooperate with the Americans in the administration sion desire to join with his Excellency the President, in expressing their own of general affairs, from Manila as a center, and to undertake, subject to good will toward the Philippine people, and to extend to their leading and American control or guidance (as may be found necessary), the administra representative men a cordial invitation to meet them for personal acquaint tion of provincial and municipal affairs. ance and for the exchange of views and opinions. Fortunately, there are educat~d Filipinos, thou~h they do not constitute a M.A.NILA, .Ap1·il, 4, 1899. large proportion of the entire population, and then- support and services will JACOB GOULD SCHURMAN, be of incalculable value in inaugurating and maintaining the new govern President of Commission. ment. .As education advances and experience ripens, the natives may be GEORGE DEWEY, intrusted with a larger and more independent share of government-self Admiral U. B. N. government, as the American ideal, being constantly kept in view as the goal. ELWELL S. OTIS, In this way American sovereignty over the archipelago will prove a great Major-General U.S. Volunteers. political boon to the people. · CHARLES DENBY, Should our power by any fatality be withdrawn, the Commission believe DEAN C. WORCESTER. that the government of the Philippines would speedily lavse into anarchy, JOHN R. 'MACARTHUR, which would excuse, if it did not necessitate.,. the intervention of other pow Secretary of Commission. ers and the eventual division of the islanas among them. Only through American occupation, therefore, is the idea of a free, self-governing, and Mr. TILLMAN. Mr. President- united Philippine commonwealth at all conceivable. And the indi....<>pensable need from the Filipino point of view of maintaining American sovereignty The PRESIDENT pro tempore. Does the Senator from Michi over the archipelago is recognized by all intelligent Filipinos and even by gan yield to the Senator from South Carolina? those insurgents who desire an American protectorate. Mr. BURROWS. I prefer to proceed without interruption now. The latter, it is true, would take the revenues and leave us the responsi bilities. Nevertheless, they recognize the indubitable fact that the Filipinos The PRESIDENT pro tempore. The Senator from Michigan can not stand alone. Thus the welfare of the Filipinos coincides with the declines to yield. dictates of national honor in forbidding our abandonment of the archipelago. Mr. BURROWS. The results of the labors of this Commission We can not from any point of view escape the responsibilities of government which our sovereignty entails; and the Commission is strongly persuaded were embodied in four large volumes containing a mass of infor that the performance of our national duty will prove the greatest blessing to mation exceedingly valuable and throwing a flood of light upon the peoples of the Philippine Islands. _ the conditions in the archipelago. While I have no time to quote OUR SOLDIERS A.Nl> S.A.ILORS IN THE WAR. at length from the findings of the Commission, I may be permit The Commission is not willing to close this statement without paying just ted to read a few extracts. The Commission in making their re tribute to our sailors and soldiers. The presence of Admiral Dewey as a port, among other things, say, at page 81, speaking of the abuses member of this bodymakesitunfittingtodwellon his personal achievements, but he joins with us in eulogy-of his comrades. We were fortunate in wit under the old regime: nessing some of the many brave deeds of our soldiers. All that skill, cour If these abuses are remedied, if a eapable and honest government is insti age, and patient endurance can do has been done in the Philippines. tuted, if the Filipinos are permitted to the full extent of their ability to par We are aware that there are those who have seen fit to accuse our troops ticipate in it, if all unnecessary offices are abolished, if church is separated of desecrating churches, murdering 'Prisoners, and committin~ unmentiona from state, if the public revenues are used solely to defray the le~itimate ble crimes. To those who derive satisfaction from seizing on ISolated occur e.xpenses of the government and the cost of duly authorized public works rences-regrettable, indeed, but incident to every war-and making them and improvements, including the beginnings of a system of elementary the basis of sweeping accusations this Commission has nothing to say. Still schools-if, in a word, ~<;::;~ent is administered in the Philippines in the less do we feel called upon to answer idle tales without foundation in fact. spirit in which it is a · · tered in the United States, the people of that But for the satisfaction of those who have found it difficult to understand archipelago will, as already a few of them fore....c::ee, enjoy more benefits than why the transporting of American citizens across the Pacific Ocean should they dreamed of when they took up arms against the corrupt and oppressive change their nature.., we are glad to express the belief that a war was never domination of Spain. more humanely conaucted. • • * * * • * The* Filipinos* and independence.-• *While the* peoples of * the Philippine * Our control means to the inhabitants of the Philippines internal peace and l.slands ardently desire a full measure of rights ana liberties, they do not, in order, a guaranty against foreign aggression and against the dismemberment the opinion of the Commission, generally desire independence. Hundreds of of their country, commercial and industrial prosperity, and as large a share witnesses testified on this subject to the Commission and its individual mem in the affairs of government as they shall prove fit to take. bers; and, though they represented all possible varieties of opinion-many of them being~ SYJ;Ilpathy wi~h the insurgents-;-t_hey .were ~orm in their tes This Commission made its final report January 31, 1900, and timony that, m VIew of the Ignorance and political mexpenence of the masses by its searching investigation, extensive research, exhaustive of the people, the multiplicity of languages, the divergencies of culture and mode of life, and the obstacles to intercommunication, an independent sover analysis, and wise recommendations paved the way for the ap eign Philippine state was at the present time neither possible nor desirable, pointment of another commission, clothed with enlarged powers, even if its poverty and internal weakness and lack of coherence would not to aid in the work of pacification and peace. On the 16th of invite and the dissatisfaction of aliens entail the intervention of foreign powers, with the inevitable result of the division of the archipelago among March, 1900, President McKinley appointed another commission, them and the disa:(>pearance forever of the dream and hope of a united and headed by Judge Taft, of Ohio, an eminent jurist, which com self-governing Philippine commonwealth. The Philippine Islands, even the mission is now engaged in the prosecution of its work in con most patriotic declare, can not at the present time stand alone. They need formity with the instructions imposed by President MclUnley. the tutelage and protection of the United States. I will also ask to insert in the RECORD the instructions to the I also desire to read another extract from page 121 of the report. Commission. It is the conclusions of the Commission in relation to government: The PRESIDENT pro tempore. No objection being made, SOME CONCLUSIONS CONCERNING GOVERNMENT. they will be inserted. In connection with the subject of government the Commission has reached The instructions are as follows: the followin~ conclusions: 1. The Umted States can not withdraw from the Philippines. We are there EXECUTIVE MANSION, Ap1·il 7, 1900. and duty binds us to remain. There is no escape from our responsibility to SIR: In the message transmitted to the Congress on the 5th of December, the Filipinos and to mankind for the government of the archipelago and the 18~ .J said, speaking of the Philippine Islands: ".As long as the insurrection amelioration of the condition of its inhabitants. cu'iliinues the military arm must necessarily b::~ supreme. But there is no 2. The Filipinos aJOe whollyunpreparedforinde~ndence, and if independ- reason why steps should not be taken from time to time to inaugurate gov ence were given to them they could not maintain It. · ernments essentially popular in their form as fast as territory is held and 3. .As to Aguinaldq's c~i.m that _he was promised independe~ce or that a!! controlled by our troops. To this end I am considering the advisability of alliance was made With him, Admiral Dewey makes the followmg commUni the return of the Commission, or such of the memhers thereof as can be se cation to the Commission: cured, to aid the existing authorities and facilitate this work throughout "The statement of Emilio A~naldo, under date of September 23, pub the islands.'' lished in the Springfield Republican, so far as it relates to reported conversa To _give effect to the intention thus expressed, I have appointed Ron. Wil tions with me, or ac~ons of ~~e 1 is a ~ue of falsehoods. I neve~, directly liam H. Taft, of Ohio; Prof. Dean C. Worcester, of Michigan; Ron. Luke E. or indirectly, proiill.Sed the Filipmos ~dependence. I never received.~ Wright, of Tennessee; Hon. Henry C. Ide, of Vermont, and Prof. Bernard naldo with military honors, or recogmzed or saluted the so-called Filipmo Moses, of California, co.mmissi.oners to the Philippine Islands, to continue and flag. I never eonsidered him as an ally, although I did make use of him and perfect the work of or~!).nizing and establishing civil government already the natives to assist me in my operations against the Spaniards." commenced by the military authorities, subject in all respects to any ~ws 4:. There being no Philippine nation, but only a collection. of different peo- . which Congress may hereafter enact. XXXV-120 1906 CONGRESSIONAL RECORD-SENATE. FEBRUARY '19, The commissioners named will meet and act 88 a board, and the Ron. Wil and if they can be found competent and willing to perform the duties they liam H. Taft is designated as president of the board. It is probable that the are to receive the offi..ces in preference to a.n_y others. transfer of authority from military commanders to civil officers will be grad It will be n-ecessary to fill some offices for the present with AmericaD.l!, ual and will occupy a considerable period. Its successful accomplishment which, after a time, may well be filled by natives of the islands. As soon as and the maintenance of peace and order in the meantime will require the practicable a system for ascertaining the merit and fitness of candidates for most perfect cooperation between the civil and military authorities in the civil offices should be put in force. An indispensa.ble qua.lifica tion for all islands, and both should be directed during the transition period by the same offices and po itions of trust and authority in the islands must be absolute executive department. The Commission will therefore report to the Secre· and unconditional loyalty to the United States, and absolute and unham taryof War, and all their actions will besubjecttoyourapprovalandcontroL pered authority and power to remove and punish any officer deviating from You will instruct the Commission to proceed to the city of Manila, where that standard must at all times be retained in the hands of the central au they will make their principal office, and to communicate with the military thority of the islands. governor of the Philippine Islands, whom you will at the same time direct to In aU the forms of government and administrative provisions which they render to them every assistance within his power in the performance of their are authorized to prescribe the Comnrission should bear in mind that the duties. Without hamyering them by too specific in.structions, they should government which they are establishing is designed. not for our satisfaction in general be enjoined., after making themselves familiar with the condi or for the expression of our theoretical views, but for the happiness, peace, tions and needs of the country to devote their attention in the first instance and prospenty of the people of the Philippine Islands, and the measures to the establishment of munim2pal governments in which the natives of the adopted should be xn..ade to conform to their customs, their habits, and even islands, both in the cities and in the rural communities, shall be afforded the therr prejudices to the fullest extent consistent with the accomplishment of opportunity to manage their own local affairs to the fullest extent of which tl;l.e indispensable requisites of just and effective government. they are capable, and subject to the least degree of supervision and control At the same time the CoDl.DllSSion should bear in mind and the people of which a careful study of their capacities and observation of the workings of the islands should be made plainly to understand that there are certain great native control show to be consi.sOOnt with the maintenance of law, ord~r, principles of government which have been m..'\de the basis of our govern and loyalty. mental system which we deem essential to the rule of law and the mainte The next subject in order of importance should be the or~!"nization of nan North American Indians to maintain their tribal organization and govern- Mariano Trias, governor of Cavite, was ~mmanding general ment and under which manv of those tribes are now living in pea.ce and oon- f th , ti f s of .so thern Lnzon secretary of the ten~ent, surrounded by a civilization to which they areunabl~.or unwilli?-g 0 e revo.1u onary orce u: ' to conform. Sueh tribal governments should, however. be subJected to WISe treasury, and secretary of war. and firm regulation.; and, without undue or petty interference, constant and 1 Gracient barbarous practices a.nd intro- revolutionary congress and seeretary of the interior. duce chilized customs. . . f h · · a1 b d f Upon all officers and employees of the United States, both civil and Illlli- · ATsenio Cruz Herrera, pres1·a ent o t e mummp oar o ta.ry should be impressed a. reuse of the duty to observe not merely the ::M:anila, w_as .member of Malolos congress and assistant secretary ~·ial but the personal11.11d social rights of the l?eople ?f the island;s, a:nd of the interior. to treat them with the same courtesy and r~spect ror therr J)ersonal diJmi:ty which the people of the United States are accustomed to require from-each Jose Alejandrino, city engineer in Manila, was general of the other. revolutionary army. The articles of .capitulation of the city of .Manila. on the 13th of August, Modesto Reyes, city attorney of Manila, was member of the 1898, concluded with these words: "This city, its inhabitants, its churches and religions worship, its educa- Filipino jnnta in Madrid. 'tional establiShments, and its Jn·ivate.property of all descriptioJ?S are placed Daniel Tirona, provincial secretary of Cavite, was Aguinaldo's under the special -safeguard of the fruth and honor of the AmeriCan Army." fir t ta f nd ., a· e l of the revolu I believe that this pledge has been faithfnlly J;rept. As high ~nd sacred.an s secre :ry o war -a comm... n mg g ne1·a · obligation rests upon the Governmm1t of the Umted Sta~s to g~ve protection tionary forces in the province of Cagayan. for property and life, civil and religious freedom, and WISe, fh'Ill, a.nd unself- Mariano Cunanan, provincial secretary of Pamp.anga, was ish ~uidance in the paths of peace and prosperity to all the people of the maJ'or in the revolutionary army. Philippine Islands. I charge this Commission to labor for the full perform- ance of this obligation, which concerns th;e honor and co,nscie1_1ce of their M-ariano Crisostomo, fiscal of Bulacan; Jose M. Lerma, pro eountry, in the firm hope that through therr ~bors ~the inhabitants of the vindal secretary-of Bat:iml; Sofio Alandy, fiscal of Tayabas, were Philippine Islands may come to look back Wlth gratitude t.o the day when n t M 1 1 · God gave victory to American arms at Manila~'\\~ set their land under the a congressm.€n a a 0 OS. sovereignty and protection of thepe.ople of the limted States. Th:M3 list of the ID{)St prominent men in the archipalego, once WILLIAM McKINLEY. identified with the insurgents in civil and military operation. but The SECRETARY OF W .A.a, now openly and loyally supporting the United States in its efforts Washmgton, .D. c. to establish peaoe and orderly government in the islands, is con Mr. BURROWS. The labors of this Commission have not yet vinoing and gratifying pmof of the dominant sentiment of the been concluded, but they have progressed f.ar enough, hDw€ver, int.elligent and .controlling element in the islands. to justify the wisdom of its creation and far enough to alrea~y But there are other .and even more -convincing indications Df bear ricb. fruitage and give assm-ance of an abundant harvest m the :final pacification of the inhabitants of the e islands. The the not distant futm·e. American army, which, but a short time ago, I think in January With these two ~n~~es, the Army and Navy on the 1901, aggregated 69,42.0, now numbers 33,522, and when orders al one hand and the Civil CommLSSlons on the other, both mt6J?-t on ready issued have been carried out the fQt'ce will be reduced to the accomplishment of a common purpose, the work of pacifica- :26 '>04 Since December 1 1901 there has been a reduction in the fion in the islands ~ progressing ~th marvelDUB ra~idity: In- · n~~r of stations of ninety-iiv~. P,eed, when we ~ns1de! that th~e islands are 7 ,00~ miles dis~nt But this is not all. Hostility has been so far allayed in the from our s~ores, inha?Ited by alien r~s. ag!P'egating from eig~t , .archipelago that atready :civil government has been inaugurated to ten millwn people m ap.,-s~es of c1~t~n, from the canm- , ;in 34 provinces out of a possible 54, .and I see by the press that in bal to t~e. educated Filipmo, speaking. divers and unknown another;provincecivilg P1·01Jinces in the Philippines in which civil government has been instituted rison in at least eight pronncesand that there will be others that can beheld Continued. by the constabulary without troops. VIS.AY.A8-UNDER CIVIL .A.DMn'ISTRA.TION, * • * * * • • The necessity of maintaining at least one large ~rrison in many of the Area (ap- Number of Population provinces may always exist, but it is my candid opiruon that within one yea:r Provinces and important dependencies. prori- dependent (approxi- from this date 15,1XXJ American ~oldiers, with the native contingent of troops mate). · islands. mate). and the constabulary, will suffice to garrison the Philipj)ine Archipelago. I make this statement after due consideration of the conditions existing here, and with fairly good knowledge of the character of the inhabitants of these Sq. miles. islands. Cebn·------1, 782 29 518,032 * • * * • • • Masbate: The general condition of the islands as regards pacification has never been Burias ______------2ii8 12 1,700 so favorable as now, when the crumbling from the top is duly manifest. Masbate ______------··----···- 1, 315 ~ 23,069 * • * • * • • Ticao .. ______------·-·· 149 8 --···-·:m;5i2 From reports received from various parts of the islands there can be no 14 question but that the better class of people are extremely tired of the strug ~~~~:~~~~~~==~::::~::::::::::::::: ~:~ 8 140,498 gle and ardently desire peace. The recentl¥ enacted sedition law has had a Panay: potent value in bringing evil doers to a realization of their allegiance to law Antique ______---·-·-····· 1,340 6 115,434 and order. It demonstrates to these people the forcefulness of civil govern 80 224,1XXJ ment, enables the constabulary to reay the rewards of its labors, and gives to ~R~~===:::==~~====:::::: ====~:======~: 80 462,4« the insular judicia1·y ample opportunity to prove the great importance of its Romblon ______------·-··· 515m 32 55~ work in this period of r econstruction. Leyte --···--·---·-·------··- 4,214 40 270:491 .As our knowledge of the Filipinos and the islands is daily increasing, the 1------· ~ ------:: ~------danger of fut ure uprisings and disorders is daily diminishing. TotaL______. 19,814 1 3591 2,002,522 * • • • • • • .As a proof of the improvement in the gen"eral situation the following is ~ub Mr. BURROWS. Civil governments have been organized and mitted: On July 1,1901, the Army was holding in the island of Luzon 420 posts with established in more than 800 towns; a judicial system has been 00,274 tronps; December 1 1001, there were 293 posts held by 25, troops, a inaugm·ated in the islands, with a supreme court and inferior diminution of 00 per cent m1 post;s and 29 per cent in troops in a period of five courts, presided over by native and American judges, through months. In the entire archi~lago there were 491 posts and 49,937 troops on which rights are maintained and wrongs redressed; a new code July 1,1901, and 372 posts Wlth 37,340 troops December 15 of the same year. Excepting in Ba.tangas La~ 1 and Samar, the number of military sta of practice or civil procedure has been adopted, abolishing the tions is being continually diminished. For example, orders have just been complicated and technical methods under Spanish rule, which issued abolishing seven military posts in the provmce of Leyte. made the administration of justice a mockery and farce; prison • • • * • • • doors have been unlocked and the victim of Spanish cruelty set It is perhaps premature to speak of an organization so far-reaching in ita free; a constabulary has been organized, composed largely of na operations after an existence of only four months, but it is believed that the experimental stage is passed1 and that the constabulary may be duly reck tives, which is a most effective instrumentality in ridding the oned upon as a potent factor m the maintenance of order in the Philippines. provinces of ladronism supplemented by an organization of native Such, in dim outline, are some of the results of American domi police in the several towns, which is becoming not only the con nation in the Philippines which would seem to justify the legisla servator of peace but the protector of the people, thus permitting tion proposed in this bill and the continued exercise of American the withdrawal of the army and its relief from mere police duty. sovereignty over a people so rapidly advancing in the scale of civ Land taxes have been imposed and collected for local purposes ilization and orderly government. only, and all other internal-revenue taxes are applied to the locality But we are asked, What of the future? I do not know. No where collected; have established a tariff system far more just and man living knows. As McKinley well said, "We are treading in equitable than the former Spanish exactions, relieving the necessi an unexplored field which will test our wisdom and statesman ties of life of the heretofore heavy exactions; have collected suffi ship.'' There was never a truer declaration. It is an unexplored cient customs dues to meet all the expenses of the central govern field, fraught with perils perchance, but surely with tremendous ment and devote $3.000,000 to the improvement of Manila Harbor responsibilities. Human wisdom and foresight can not penetrate and $1,000,000 to the building of highways; have made provision for the future. the maintenance of the common-school system, and 835 American I only know for the present that to abandon these islands now teachers in 445 towns are not only giving primaryinstruction to and turn them over to warring factions within and assaults of the children but normal instruction in English to more than designing enemies from without, to desei-t 'a people dependent 3,000 native teachers. Agricultural, manual training, and night upon us to be led in the paths of peace, order, and stable govern schools have been founded, presenting an ever-increasing demand ment, would be the master crime of the centuries. If the inquiry for American teachers. Several executive departments have been is made, What is to be the policy of the future? I would answer in organized, a telegraph ~ervice ha;s b.een establis~~-' reaching ~he the language of the Taft Commission, approved by the Secretary capitals of every orgamzed J?rOvm~e, an~ the Filipmos ~e bemg of War. It is a policy I believe in and most fully indorse. The rapidly educated to man thiS serVIce; highways are bemg con Taft Commission in its last report says: structed and repaired in each province under the direction of com It is perhaps right that we should eXllress our views as to the wisest course petent superyisors; a health ~ureau establ~shed and .l~gislation for Congress to take at the coming sess1on. We think that if Congress were enacted looking to the promotiOn of the sarutary condition of the to give the present government the benefit of Con~essional authority to continue under the limitations which it now has by virtue of the President's people and the conservation of the public health; a million dollars instructions until January, 1904, this would probably give time enough to has been set aside to establish and maintain interisland commu form a complete government as a going concernJ and at the end of that time nication between the central government and the outlying prov provisions might well be made for a change in tne form of the government, so that it should consist of a civil governor, of a legislative council, and of a inces to the promotion of intercourse and trade; light-houses illu popular assembly chosen by a limited electorate. minate the extensive coasts, warning and guiding the mariner in • • • * * • • his perilous voyage. - We respectfully urge that Congress be requested to confirm the legislation The city of Manila, the emporium of the archipelago, under the of the Commission ah·eady enacted and vest by Congressional act in the civil governor and Commission and their successors by appointment of the Presi protection of a police _force more than half native, P!esents an dent the powers and authority heretofore exercised by them under the in object lesson of Amencan government and contTOl which augurs structions of the President and subsequent modifications thereof, with the limitations therein contained, and that provision be made in such legislation well for the future of the city and the peace, happiness, and pros- for the popular assembly already described, to pegin its life January, 1004. perity of its people. . . . We further recommend that by the act establishing the EOVernment above Speaking of the constabulary force estabhshed m the Islands, I recommended provision be made for the selection, after January, 1904, by a joint vote of the popular assembly and the executive council of two delegates hold in my hand the last report, bearing date December 15, 1901, to represent the mterests of these islands and the Filipino people before Con. of Captain Allen, from w?ich I beg le!1;ye to quote a few passag~. gress and the Executive at Washington. Their expenses and salaries should It is a report made showmg the conditions of the constabulary m be paid from the insular treasury. This is something which the Filipino people have very much at heart. We believe that such representation would the islands and the advancement of the cause of peace and order be useful both to these islands and to the United States. under American rule. I submit a few extracts only: That policy as outlined receives my unqualified approval, and Ending November 00, up to which time the statistics set forth in this re it will be a most happy termination of a conflict for the establish port are for the most part included, the constabulary may be said to be 4 ment of peace, order, and justice, if in 190~, or as soon as condi months old. The first appointments were made in the early part of August, tions will justt".'y it, the Filipino people can have the suggestions and the recruiting had scarcely begun before tbe latter part of the same month. In organizing this force it was necessary to start at the very bot of the Commission carried out and crystallized into law. The tom, as there was absolutely nothing of the kind in existence. sooner it can be safely consummated the better for the inhab * * * * * * * itants of the islands and the better for the United States. The archipelago is divided into three districts, the first of which embraces This I believe to be the true policy-home rule under American that portion of the archipelago north of Manila; the second, that portion of is in Luzon south of Manila, together with the islands not belonging to the V~yan sovereignty-which, it hoped, the years to come, and at no group; the third, the Visayas, Mindana.o, and Jolo. very distant day, will result in the establishment of a just and * ... * * * • * stable government in the Philippines and the uplift of 10,000,000 We are now able to hold the following ;proyinces without troops; Ab~'8., people to a higher civilization and a better destiny. Bontoc, Union, Lepanto, Beng~et, Nuev;:: V~ya, an~ ~taan, likeWlse Principe and Infanta whenever 1t may be reqmred. W1thin three months Mr. MALLORY. Mr. President, I have .proposed an amend· from this date it is believed that troops may be concentrated in a single gar- ment to section 3 of the bill '' temporarily to provide revenue for 1902. OONGRESSIONAL RECORD-SENATE. 1909 the Philippine Islands, and for other purposes," now pending. In and Porto Rico Steamship Company, the question was whether doing so I am actuated solely by a purpose to endeavor to improve the steamship Ponce, which was a vessel enrolled in the United the measure, so as to make it conform as much as po sible to cer States merchant service and engaged in commerce between Porto tain of our navigation laws that have existed in this country for Rico and the port of New York, was in fact engaged in the coast many years. How far a legislator is justified in attempting to ing trade of the United States. The point, of course, is-familiar improve legislation which in his judgment is unsound in princi to all lawyers who have read that decision. It was one of what ple and unwise in policy I shall not now undertake to determine, were known as the insular decisions, and is the last in the little but it will suffice_to say for present purposes that I am utterly pamphlet containing a compendium of those decisions. The Su and wholly opposed to the principle underlying this measure and preme Court, in taking up this question, said: to the policy which it undertakes to set in operation. Under the commercial and navigation laws of the United States merchant The amendment which I have proposed relates solely to that vessels are divisible into two classes: First, vessels registered pursuant to Revised Statutes, section 4131. These must be wholly owned, commanded, portion of the bill which proposes to deal with the subject of and officered by citizens of the United States, and are alone entitled to en the navigation laws affecting the Philippine Islands, and while gage in foreign trade; and, second, vessels enrolled and licensed for the it does not to any very great extent change the phraseology of that coasting trade or fisheries. (Rev. Stat., sec. 4311. ) These may not engage in foreign trade under penalty of forfeiture. (Sec. 4ro7. ) This class of vessels section, it does propose to change its features very materially. is also engaged in navigation upon the Great Lakes and the interior waters In order that there may be a correct understanding of the pur of the country-in other words, they are engaged in domestic instead of for port of the amendment, I will trespass upon the time of the Sen eign trade. ate to read it. It propose~ to strike out the third section as it The court evidently, as I think will appear from the reading of now reads, and that in lieu thereof the following be inserted: other portions of this decision, considers domestic trade and the SEC. 3. That until July 1, 1903, the same tonna~e taxes shall be levied, col coastwise trade as identical, the terms being significant of the lected, and paid upon all foreign vessels coming mto the United States from the Philippme Archipelago, and in addition to any tonnage dues or taxes now same thing in both instances: imposed by the government of the Philippine Islands upon all foreign vessels The words "coasting trade," as distinguishing this class of vessels, seem (except vessels of Spain owned by Spanish subjects) engaged in traffic be to have been selected because at that time all the domestic commerce of the tween the ports of the Philippine Archipelago, which are required by law to country was either interior commerce, or coastwise, between ports upon the be levied and collected and paid upon vessels coming into the United States Atlantic or Pacific coasts, or upon islands 80 near thereto and belonging to from foreign countries: Provided, however, That until July 1,1903, the pro the several States, as properly to constitute a part of the coast. Strictly visions of law restricting to vessels of the United States the transportation speaking Porto Rico is not such an island, as it is not only situated some hun of passengers and merchandise directly or indirectly from one port of the dreds of miles from the nearest port on the Atlantic coast, but had never be United States to another yort of the United States shall not be applicable to longed to the United States, or any of the States composing the Union. .At foreign vessels engaging m trade between the Philippine Archipelago and the the same time trade with that island is properly a part of the domestic trade United States, or between ports in the Philippine Archipelago: and thereafter of the country since the treaty of annexation., and is 80 recognized by the such ~rovisions sha.ll not applf to vessels of Spain owned by Spanish subjects Porto Rican or Foraker Act. entermg the ports of the Philippine Islands until the expiration of the ten years mentioned in .Article IV of the Treaty of Paris of December 10, 1898: And The court has laid down there beyond any question that trade provided further, That the Philippine Commission shall be authorized and between Porto Rico and the United States is a part of the coast empowered to issue licenses to vessels or other craft now engaged in lighter I age or other exclusively lmrbor business, but after the passage of this act ing trade of the United States, and, by parity of reasoning (and such licenses, except as herein provided, shall be issued only to vessels or can not see how there can be any question about the similarity of other craft built in the Philippine Islands or in the United States and owned the two cases) trade between the Philippine Archipelago and the by citizens of the United States or by inhabitants of the Philippine Islands. And it shall be the duty of the Secretary of the Treasury, as soon after United States must also be coastwise trade of the United States. the approval of this act as practicable, to make and promulgate such rules Our statutes do not recognize any other than the two distinct and regulations as may be necessary for the nationalization of all vessels divisions of maritime or water-borne commerce than the foreign built in the United States or in the Philippine Islands and owned at the date • of the approval of this act and thereafter by inhabitants of said islands .not and the coastwise trade, and these two distinctions have been subjects or citizens of anr foreign nation; and no inhabitant of said Philip observed very carefully from the very earliest part of the cen pine Islands, not the subJect or citizen of any foreign nation, possessed of tury. other qualifications required by existin~ law to act as an officer of a merchant vessel of the United States, shall be. disq_ua.lifled as an officer of an"i vessel Therefore, Mr. President, the proposition to admit foreign ships nationalized in accordance with the proVISions of this act by reason of his to engage in our coastwise trade indefinitely is such an innova not being a citizen of the United States. tion upon the principle on which our navigation laws are based In addition to these provisions it has occurred to me that it is that I do not think we ought lightly to indorse such a change; proper to add a further extension of our navigation laws in the and by my first amendment, instead of using the language that terms which I shall read, and which I shall ask that I be per on and after the passage of this act foreign ships shall be per mitted to make a part of the amendment that I have proposed. mitted to engage in our coastwise commerce, I fix a date. I am I will read it as I have written it, as an addition to the amendment: not particular as to the date, but in my amendment I have named The coasting trade between the Philippine Islands and the United States the 1st day of July, 1903, as the time· when this extraordinary shall be regulated in accordance with the provisions of law applicable to such privilege shall cease. trade between any two great coasting districts of the United States and the The idea, as I understand it, which has led to this innovation coasting trade between the islands of the Philippine Archipelago and between said islands and the other insular possessions of the United States in the Pa is that we have no vessels under .American documents on the Pa cific Ocean shall be regulated in accordance with the provisions of law ap cific coa-st, or not enough to engage properly in this commerce, plicable to such trade within one great coasting district of the United States. and that the commerce between the Philippine Archipelago and The PRESIDING OFFICER (Mr. KEAN in the chair). Does the Pacific ports will languish unless we permit foreign-owned the Seutor propose that as a modification of his amendment? and foreign-officered vessels to engage in that commerce. Mr. ·MALLORY. I wish to ask permission to add this clause In answer to that we might say that it would be more appro to the printed amendment. . priate and better. perhaps, to allow .American citizens to purchase The PRESIDING OFFICER. The amendment will be so mod and own and officer foreign-built ships to engage in that trade in ified. Does the Senator desire to have the amendment reprinted? this particular emergency rather than to open the door and per Mr. MALLORY. Yes, sir; with the addition that I have just mit foreign-built and foreign-owned vessels to engage in it, and read. thus overthrow a rule which we have adhered to very strenuously The PRESIDING OFFICER. Without objection, it will be so for so many years. · ordered. But, Mr. President, I do not undertake to make any such propo Mr. MALLORY. This amendment and these changes which I sition, because, while I would prefer it to admitting foreign-built have proposed are to a certain extent technical, and are probably ships into our domestic commerce under any circumstances, I do not intelligible to most of the members of this body, unless they not think that it would prevail in this body, and I really wish to take the trouble to compare carefully our navigation laws with accomplish something-by the amendment. the proposition contained in the third section of the pending bill; Therefore I have thought it proper to fix the time at which this and I shall endeavor briefly to point out the differences which I permit shall expire, namely, July 1, 1903, which will enable our propose to incorporate in the bill. shipowners on the Pacific coast and elsewhere to supply them The bill as it now is provides that on and after the passage of selves with a sufficient number of ocean-going vessels to engage in this act the same tonnage dues, etc., shall be imposed, putting no the Philippine trade. limitation whatever upon the traffic between the Philippine Islands We have to-day before the Senate a bill which proposes to give and the United States by foreign vessels. It provides that foreign a bounty to American shipowners for the business of running vessels shall be permitted to engage in the commerce between the their own ships, a bill which has been pressed here very strenu Philippine Islands and the United States until hereafter some legis ously in years gone by, apd which will probably prevail at this lation shall be enacted by Congress. session of Congress, payiilg our own owners of foreign ocean That, Mr. President, is in derogation of a principle which we going craft and of domestic craft also for running their own ves have adhered to since the beginning of the Repub'lic-of denying sels. We propose taxing the citizens engaged in other pursuit!:! the right to engage in our domestic commerce to foreign-built or in the United States for the purpose of building up this busines~:; foreign-owned ships. of ocean traffic, and the argument is that it is for the public wel That this is domestic commerce of the United States can not, I fare, and that we have a perfect right to do so. think, in view of a decision of our Supreme Com·trendered about In the same breath, while we are doing _that, and while our old, a year ago, be disputed. In the case, known as Huns v. New York well-tried laws are keeping out from our coastwise commerce all 1910 CONGRESSIONAL RECORD--SENArrE. FEBRUARY ·19, foreign-built ships and all foreign-owned ships, we turn in this management of those vessels; it has established rules and regu particular instance and invite the entire world to come into the lations governing the masters and mates and some individuals commerce between the Philippine Islands and the United States known as patrons, whatever they may be, all of which is, in my and compete with our vessels. It strikes me, Mr. President, that judgment, in conflict with the acts of Congress upon that sub that is bad policy if not unsound principle. . ject. It is clearly so, because they differ in many respects from The second change which I propose to incorporate in this amend the acts of Congress. As a specimen I will read one provision of ment relates to an exclusion of the Spanish vessels engaged in the one of these laws relating to that subject enacted by the Philip Philippine trade or engaged in the trade between the Philippine pine Commission. It is entitled "An act providing for the ex ports from the effects of the provisions of this act. The treaty of amination and licensing of applicants for the positions of mas Paris, of December 10, 1898, provides in its fourth article: ters, mates, and patrons of sea-going vessels." It will be found That the United States will, for the term often years from the date of the on page 120 of the Public Laws and Resolutions passed by the ~xchange of the ratification of the present treaty, admit Spanish ships and United States Philippine Commission, which we all have on our merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. desks, and which wa-s published in 1901. I construe that to mean all the ports of the Philippine Islands, It provides that a board, consisting " of the captain of the port without reference to the ports from which the Spanish vessels of Manila, the superintendent of the nautical school, and two come, and I think that the committee which has reported this masters of merchant vessels, to be appointed by the captain of the bill so construes that article of the treaty; that is, that even in port,'' shall constitute the board of examiners, who shall examine the trade between the Philippine Islands themselves vessels owned applicants for permission to act as masters, mates, and patrons by Spanish subjects and carrying the Spanish flag will be entitled of vessels engaged in commerce in the Philippine Islands. As a to enjoy all the privileges that vessels of the United States enjoy specimen of the regulations established for that board, I will read up to a period of ten years from the ratification of that treaty. what the applicant for license as a patron has to do: Every applioa?-t for license as ~atron shall not be _less than~ years of age. There is, however, in the third section no provision made for He shall be exammed on the followmg subjects: Reading and wnting; manage that condition. That section simply declares that- mentofsailsandriggingofcoastingandpilotboats; ma.nnerofloading,accord The provisions of law restricting to vessels of the United States the trans ing to cargo; manner of careening a boat so as to rid it of water, as well as portation of passengers and merchandise directly or indirectly from one manner of stranding same; knowledge of the coasts where he is to navigate, port of the United States to another port of the United States shall not be their shoals, banks, and reefsj of ocean currents and tides; of prevailing applicable to forei~ vessels engaging m trade between the Philippine Archi winds; which winds to safi witn and which to sail a. way from; how to squa.I·e pelago and the Umted States or between ports in the Philippine Archipelago. the compass, to take bearings by the lead, and other practical methods for determining the nearne!!S of the coast and what course to be taken; methods There is no provision in it at all to exempt Spanish vessels, which of entering and leaving the ports of the provinces; precautions to be taken under our treaty shall enjoy all the rights that American vessels in time of storms at s!~h!s well as in port; method of repairing damage sus tained by vessels; fa · rity with all existing coast light-houses on their enjoy in that trade from the effects of the provision. routes; knowledge of all maritime laws relating to the sanitation and police The third point on which I offer an amendment to this third re~tions of ports; of his knowledge of r~ulations governing the use of section is with regard to a matter which I do not think has been li~nts and signals for the :prevention of collisions, and, in short, of all sub considered by the other body of Congress or by the committee jects that may have a beanng on his calling. which has had this bill under charge. It is a fact which I gather Mr. FORAKER. Will the Senator kindly give me the volume from the report in the year 1900 of the Philippine Commission from which he makes his citation? I have not the volume before that there were engaged in 1891 in the interisland commerce of me to which I can turn. the Philippine Archipelago some 7,000 registered craft of all kinds, Mr. MALLORY. It is page 121 of Public Laws and Resolu and it is reported that in 1895 the number had increased to 11,000; tions passed by the United States Philippine Commission, Divi qnite a large commerce. That is commerce between the islands sion of Insular Affairs, War Department, printed at the Govern constituting the Philippine Archipelago, ranging practically a ment Printing Office in 1901. thouEand miles in distance from north to south. These are the subjects which are submitted to the applicant for Mr. PERKINS. Mr. President-- the position of patron, whatever that is. There is no definition in The PRESIDING OFFICER. Does the Senator from Florida the act, or anywhere else that I can find in the acts of the Philip yield to the Senator from California? pine Commission, as to what the duties of a patron are, but from Mr. MALLORY. Certainly. the immensity of the field which this examination is intended to Mr. PERKINS. If the Senator from Florida will permit me, I cover, I should imagine that he wa-s at least a man who would be will call his attention to the report of the Commissione(' of Navi qualified to command a small fleet, much less a small boat. Then gation, at page 444, wherein he shows from the reports of the there is provision for the license of a master: War Department that on July 10, 1899, there were 2,340 vessels Every applicant for license as master must produce satisfactory evidence that he has served as certified first mate foratleastthree years in a seagoing registered, with a tonnage of 102,581 tons, which were engaged in sailing vessel or at least five years in a seagoing steamer, and must not be the same traffic to which the Senator from Florida now refers less than 28 years of age. ',l'he holders of licenses as master or mate under that is. in the interisland commerce, between the islands and China the laws of the United States shall be eligible to apPointment to like posi tions under this act. The examination of every &J>plicant shall be in writinfr and Japan. That was in 1899, and I am informed by credible and shall include a thorough examination as to his knowledge of seamanship nautical men who have been in the islands that it is 50 per cent and navigation in its various branches, his capacity and skill in lading and more at this time than it was in 1899. unlading cargo, in handling and storing frei~ht under all conditions, and his knowledge generally of the duties of the poSltion which he seeks. To obtain :Mr. MALLORY. I am muchobliged to the Senator from Cali a license every applicant shall be required to show a proficiency in the sub fornia for the information. Of course the prevalence of war in jects upon which he is examined and shall answer correctly at least 75 per the Philippine Islands did. much to decrease that kind of com cent of the questions propounded to him on such examination. merce, and I 811ppose that probably from 1897 to this year the And further on, in section 3 of the same act, it is provided: number of vessels engaged in that interisland commerce has been SEc. 3. Every applicantfor license as ma.ster,mate~or patron shall beaciti· less than it was anterior to the outbreak of hostilities between zen of the Umted States or of the Philippine Isla.nas, notwithstanding any provision in existing Spanish laws to the contrary: Provided, however, That the Filipinos and the Spaniat:ds. every citizen or subject of any other country who is now acting as master But it is a very conside1·able commerce, and if we are to accept mate, or patron of any vessel flying the American flag may, if othermse the decision of the Supreme Court in the Huns case, to which I qualified as herein prescribed, continue to act as such for the :period of two years. But he shall be required to secure a license and be subJect to all the have adverted, as law, I can see no escape from the conclusion other requirements and provisions of this act as are other persons in like sit that this commerce is also coastwise commerce of the United uations. States. If the commerce between the Philippine Islands them There is so much in this act that is suggestive of thought that selves and the United States is coastwise commerce, and so the one might be justified in consuming a great deal of time in criti Supreme Court has held, then the commerce between the Philip cising the aspect which the Philippine situation presents to us pine Islands themselves, a part of the United States, is necessarily from this point of view, but I do not propose to consume any coastwise commerce. more time than I think is absolutely necessary to make clear the I can not see how there can possibly be any other designation object and purpose of the amendment which I have had the honor given to it, because there is no authority under law, except in to offer; but I can not forbear noting the expression which I have Congress, to change our navigation laws, to change the laws just read: . which affect the coasts of our Territory, whether it is Territory PrO'V'ided, howeve1·, That every citizen or subject of any other country who that falls within the uniformity clause of section 8 of Article I is now acting as master, mate, or patron of any vessel flying the American of the Constitution or not. flag- Yet, Mr. President, it is a fact that the Philippine Commission, How can any man be the master of a vessel flying the Ameri under the absolute and unqualified power which was conferred can flag and at the same time be a citizen or subject of a foreign upon it by Congt·ess last year, through the interposition of the country? Our laws are imperative on that subject. The laws President, vesting in the President all civil, military, and judicial under which every vessel of the United States is entitled to carry power in the e islands, has gone to work and established a system the flag prohibit any man who is not a citizen of the United States of registry, if I am not misinformed or if I do not misinterpret from commanding such vessel, and yet we have the fact disclosed the language of the report. by this act that such provision is made temporarily, not by Con · It has established rules and regulations for the navigation and gress, but in violation of the act of Congress, by eight gentlemen - - - 1902. CONGRESSIONAL RECORD- SENATE. 1911 ' sitting in Manila, who set aside an act of Congress and allow a That word "nationalization" is a somewhat vague word, bu.t vessel to be mastered by a. man who is not a citizen of the United it was used in the Porto. Rican act and was also used. in the act States, permitting her to fly th~ American flag. providing for the navigation of vessels coasting along the Alaskan Mr. PERKINS. Mr. President-- coast a good many years ago, and has URdergon~ the scrutiny of The PRESIDENT pro tempore. Does the Senator from Fl<>rida the Supreme Court- yield to the Senator from California? and owned at the date of the approval of this. act and thereafter by inhabit Mr. MALLORY. I do. ants of said islands not subjects or citizens of any foreign nation; and. no inhabitant of said Philippine Islands, not the subject or citizen of any for Mr. PERKINS. I do not wish to interrupt my friend from eign ~tion, possessed of other qua.lificatioDS' required by existing law to act Florida, except to correct him in one respect. If he will look at :t.'l an officer of a.. merchant vessel of the United States, shall be disqualified the Executive order issued by President McKinley regarding the. as an. officer ot &nyv el nationalized in accortkmc with thep"I"ovisionsof regulations of vessels in the PhiliJ>pine Islands, he will see th:lt this a.et by reason of his not being a citizen o!the United St-1.tes. it reads as follows: Let us, Mr. President, stop this an-omaly. By the enactment of EXECUTIVE MANSION, Washington, D. C., July 3, 189[). this amendment wa will get rid (}jj it. Congress will authorize it, 1. Officers of the customs in the Philippine Islands· may issus- a certifieat~ and not the- Phllippin~ Commission in defiance of an act of Om of protection entitling the vessel to which it is iss1led to-the-protection :md gress. It is but right and proper that the- people living in the flag of the United States on the high seas and in all por1s if the vessel is Philippine Islands, who are not citizens of the United State-s, but o'{<:)dl~tizen of the United States residing in the Philippine Islands. nevertheless are un.d'er the- sovereignty of and owe allegiance to (b) A native inhabitant of the :Philippine Islands upon t.ak:ing the oath of the United States, shoul'd enjoy the privilege of owning and com allegiance to the United States. manding vessels en~O'-ed in that interisland comme-rce. (c) A resident of the Philippine Islands before April 11,1800, hitherto a. subject of Spain, upon abjuring his allegiance to the Crown of Spain :.nd I do not attach the sli'g)ltest importance to this edict of the taking the oath of allegiance to the United States. Philippine Commt3sion if its correctness m· its legality is ever 2. The master and the 'W'3.tch officers of a. vessel to which 81 certificate of questioned in any court o-f competent jurisdiction. Therefore, protection is issued shall be cihlzens of the United States., or shalltak the oath of allegiance to the United States,. provided tha.t the general comma.n.d let us put thlS thing on a proper basis and enable those unfortu ing the forces of the United States in the Philippine Islands may, in his dis nate peo-ple to at least take- part in the commerce of their own cretion. in special cases waive this reqnirem nt in whole or in part. islands, as we have permitted foreign nations to enter in there 3. Such certificate of protection shall entitle the vess&l ro the same p.rivi Ieges and subject it to the same disabilities e.sareprescribed in Article XX of and take p~rt in that comm~rce. the Consular Regulations of 1896 for- American or foreign built T"eSSe'!s trans In additinn to that, Mr. President, I have thought proper to , !erred abroad to citizens of the United State . add the language which I read some time ago, and to ask that it 4. The form and manner of the issue of certificates of protection p:z:onded for in this order shall be prescribed by the Secretary of War. might be- inc.orpo-rated as a part of this amendment, which I will WILLIAM M~KINLEY. read again for the benefit of those- Senators who were not present This order is similar, I think, to the protection which is given, when I read it before: 'Ib.e consting trade between the Philippine. Isla.nds and the United States as my friend knows, under the general law to vessels that have slmll be regu1:1ted: in accordance with the provisions of law a.~ca:ble to been purchased in foreign countries. such trade between any two great coa-sting distl"icts o! the United States.~ Mr. MALLORY. I deny that any Executive order of the Presi arui the coasting tmd9 between the islands o:ft.h.e Philippine Archipelago an.n between said is1ands and the other insular possessions of the Uruted States dent of the United States or of anybody else can repeal an act of in the Paciftc Ocean shall be regulated in accordance with the vronsions Congress, and that is what this amounts to~ that a man who is ot law apphCa.ble to such trade within one great coasting district of the not a citizen of the United States shall command a vessel of the Unite I also called attention to the fact that the President had issued PROCLAMATION. By his Excellency William C. C. Claiborne, governor of the Mississippi Terri a proclamation in December before the treaty was ratified, tory, exercising the powers of governor·general and intendant of the prov thereby exceeding his power and authority, and I desire to have ince of Louisiana. read the statute of October 31, 1803, which authorized President Whereas by stipulation between the Governments of France and Spain Jefferson to take possession of Louisiana. the latter ceded to the former the colony and province of Louisiana, with the The PRESIDENT pro tempore. The Secretary will read as re same extent which it had at the date of the above-mentioned treaty in the hands of Spain, and that it had when France possessed it, and such as 1t o~~ht quested. to be after the treaties subsequently entered into between Spain and otner The Secretary read as follows: States; and whereas the Government of France has ceded the same to the United States by a treaty duly ratified and bearing date the 30th of April, in Be it enacted by the Senate and House of Representatives of the United States the present year, and the possession of said colony and provincE:\ is now in of .America in Congress assembled, That the President of the United States be, the United States, according to the tenor of the last-mentioned treaty; and and he is hereby, authorized to "take possession of a.nd occupy the territory whereas the Congress of the United States\ on the 31st day of October, in the ceded by France to the United States by the treaty concluded at Paris on present year) did enact that until the expll"ation of the session of Congress the 80th day of Aprilla~t. between the two nations; and that he mar, for that then sitting ~unless provisions for the temporary government of the said ter purpose;. and in order to maintain in the said territories the authority of the ritories be sooner made by Congress), all the military, civil, and judicial United t:itates, employ any part of the Army and Navy of the United States powers exercised by the then existing government of the same, shall be and of the force authorized by an act passed the 3d day of March last, entitl;l vested in such person or persons, and Sh&ll be exercised in such manner as "An act directing a detachment from the militia of the United States, and the Pre ident of the United States shall direct for the maintainin~ and pro for erecting certain arsenals," which he may deem necessary, and so much tecting the inhabitants of Louisiana in the free enjoyment of thell" liberty, of the sum appropriated by the said act as may be necessary is hereby ap property, and religion; and the President of the United States has by his propriated for the purpose of carrying this act into effect, to be applied commission, bearing date the same 31st day of October, invested me with all under the direction of the President of the United States. the powers, and charged me with the several duties heretofore held and ex SEc. 2. .An..d be it ju1·ther enacted, That until the expiration of the present ercised by the governor-general and intendant of the p:rovince. session of Congress, unless provision for the temporary ~overnment of the said Territories be sooner made by Congress, all the military, civil and ju Mr. TILLMAN. Before the Secretary proceeds further I will dicial powers exercised by the officers of the existing government of the same comment right here upon the contrast in conditions. Governor shall be vested in such person and persons and shall be exercised in such manner as the President of the United States shall direct for maintaining Claiborne went to Louisiana, as is stated there, in accordance and protecting the inhabitants of Louisiana in the free enjoyment of their with the appointment of the President, in obedience to an act of liberty, property, and religion. Congress, and in the notice to the country of his coming and why Mr. TILLMAN. Mr. President, we have there an act of Con he came, he proclaimed that he intended to recognize existing gress passed in pursuance of the treaty with France, carrying laws and those enforcing them, and that that was his mission. into effect the taking possession of the territory which we had The difference between that and the benevolent assimilation which ... bought. The difference between that and the existing condition was offered the Filipinos two months before they were even an· in the Philippines is all I desire to call attention to at this nexed lawfully, is worthy of the attention of the country. time. The Secretary read as follows: Our army was in Manila before the time the treaty with Spain I have, therefore, thought fit to issue this my proclamation, making known the premises and to declare that the government heretofore exercised over was ratified, having been there from August, 1898, until Febru the said province of Louisiana, as well under the authority of Spain as of the ary following. The reason there was no war at that time be French Republic, has ceased, and that of the United States of America is tween the United States and Spain was because of a truce de established over the same; that the inhabitants thereof will be incorporated in the Union of the United States and admitted as soon as possible, according clared after the battle of Santiago. The Filipinos had in the to the principles of the Federal Constitution, to the enJoyment of all the meantime organized a government, ha.d captured or driven from rights, advantages, and immunities of citizens of the United States; that in the islands every Spanish soldier, and had, according to the re the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the reli~on which they profess; that all laws port of our naval officers who traveled all through Luzon, estab and municipaf regulations which were m existence at the cessation of the late lished peace and order. They had aded as our allies iri besieging Government remain in full force, and all civil officers charged with their ex Manila, and the President in issuing his proclamation after the ecution, except those whose powers have been especially vested in me and except also such officers as have been intrusted with the collection of the treaty was signed and before it was ratified simply served notice revenue, are continued in their functions during the pleasure of the governor on those people that the purpose of this Government was one of for the time being or until provision shall otherwise be made. "benevolent assimilation." What that means I do not know. And I hereby exhort and enjoin all the inhabitants and other persons within said province to be faithful and true in their allegiance to the United I know what has happened since. We have shot down and States, and obedient to the laws and authorities of the same, under full as harassed the Filipinos-, burned and destroyed the property of surance that their just rights will be under the guardianship of the United those people, and the infamies that have been perpetrated in this States and will be maintained from all force or violence from without or within. war of subjugation should cause the blush of shame to mantle In testimeny whereof I have hereunto set my hand. Given at the city of the cheek of every liberty-loving American. New Orleans the 20th day of December, 1800, and of the Independence of the Having pointed out that Louisiana was taken possession of in United States of America the 28th. pursuance of an act of Congress after the ratification of the treaty WM. C. C. CLAIBORNE. and, therefore, a. legal consummation of the purchase, in which the President was authorized to do those things specified in the The governor's address to the citizens of Inuisiana. act just read, I will next have the Secretary read the message of NEW ORLEANS, September !0, 1803. FELLOW-CrrlzENS OF LOUISliNA: On the great and interesting event now President Jefferson, transmitting to Congress information of finally consummated-an event so advantageous to yourselves and so glorious what he had done, after which I want the Secretary to read the to united America.-I ca.n not forbear offering you my warmest congratula tions. The wise policy of the consul of France has, by the cession of Louisi proclamation issued by the governor appointed to execute the or ana. to the United States, secured to you a connection beyond the reach of ders of the President. Then I want the governor's address to the change and to your posterity the sure inheritance of freedom. The Ameri cifuens of Louisiana in taking possession of that territory read, can people rece1ve you as brothers, a.nd will hasten to extend to you a. partici pation in those inestimable rights which have formed the basis of their own in order that the people of the United States may see for them unexampled prosperity. Under the auspices of the American Government selves the difference between the cession or purchase of Louisi you may confidently rely upon the security of your liberty, your propertyl ana, Democratic expansion, and the present war of subjugation and the religion of your choice. You may with equal certainty rec;t assurea that your commerce will be promoted and your.agriculture cherished; in a. in the Philippines. word, that your true interests will be among the primary objects of our The PRESIDENT pro tempore. The Secretary will read as National Legislature. requested. In return for these benefits the United States will be amply remunerated if your growing attachment to the Constitution of our country and your ven The Secretary read as follows: eration for the prfuciples on which it is founded be duly proportioned to the JANUARY 16, 1804_. bles.....mgs which they will confer. Among your first duties, therefore, you To the Senate and House of Representatives of the United States: should cultivate with assiduity among yourselves the advancement of polit In execution of the act of the present session of Congress for taking posses ical information; you should guide the rising generation in the paths of re sion of Louisiana, as ceded to us by France, and for the temporary govern publican economy and virtue; you should encourage literature, for without ment thereof, Governor Claiborne, of the Mississippi Territory, and General the advantages of education your descendants will be unable to appreciate Wilkinson were appointed commissioners to receive possession. They pro the intrinsic worth of the Government transmitted to them. . ceqied, with such re~r troops as had been assembled at Fort Adams from As for myself, fellow-citizens, accept a. sincere assurance that, during my the nearest posts, ana with some militia of the MississiJ;>pi Territory, to New continuance in the situation in which the President of the United States ha-s Orleans. To be prepared for anything unexpected which might arise out of been pleased to place me, every exertion will be made on my part to foster the transaction, a. respectable body of militia was ordered to be in readiness your mternal hap_piness and forward y()ur general welfare; for it is only by in the States of Ohio, Kentucky, and Tennessee, and a part of those of Ten such means that I can secure to myself the approbation of those great and nessee was moved on to the Natchez. just men who preside in the councils of our nation. No occasion, however arose for their services. Our commissioners, on WILLIAM C. 0. CLAIBORNE. their arrival at New Orleans, found the province already delivered by the commissaries of Spain to that of France, who delivered it over to them on Mr. TELLER. Mr. President, I suggest the lack of a quorum, the OOth day of December, as appears b;sr their declaratory actaccompanying The PRESIDENT pro tempore. The Secretary will call the this. Governor Claiborne, being duly mvested with the powers heretofore roll. exercised by the governor and intendant of Louisiana, assumed the govern ment on the sa.me day and, for the maintenance of law and order, immedi The Secretary .called the roll, and the following Senators an· ately issued the proclamation and address now communicated. swered to their names: On this important acquisition, so favorable to the immediate interests of Allison, Burrows, Cullom, Elkins, cmr Western citizens, so al!Spicious to the peace and security of the nation in Bacon, Burton, Depew Fairbanks, general, which adds to our country territories so extensive and fertile, and Bard, Clapp, Dietrich, Foraker, to our citizens new brethren to partake of the blessin~ of freedom and self Bate, Dillingham, Foster, Wash. government, I offer to Congress and our country my smcere congratulations. Berry, eocCla.~ ll, Dolliver, TH: JEFFERSON. Burnham, Culberson, Dryden, ~G ger, 1902. CONGRESSIONAL RECOED-SENATE. 1913- Gamble, Lodge, Mitchell, Quarles, The governor shall receive an annual salary of $5,£XXl; the secretary of Gibson, McCumber, Money, :g,awlins, $2,£XXl; and the judges of $2,£XXl each; to be paid quarter yearly out of the Hansbrough, McEnery, Patterson, Scott, revenues of impost and tonnage accruing within the said Territory. The Hawley,_ McLaurm, S. C. Perkins, Stewart, members of the legislative council shall receive $4 each per day during their Jones, Nev. McMillan, Platt, Conn. Teller, attendance in council. Kean, Mallory, Platt N.Y. Vest, SEC. 7. And be it further enacted, That the following acts,jhat is to say: Kearns, Martin Pritchird, Warren, An act for the punishment of certain crimes against the united States. Kittredge, Millard, Proctor, Wetmore. An act, in addition to an act, for the punishment of certain crimes against the United States. Mr. MONEY. My colleague [Mr. McLAURIN of Mississippi] is An act to prevent citizens of the United States from privateering against necessarily absent on account of the illness of a member of his nations in amity with, or against citizens of, the United States. family. An act for the punishment of certain crimes therein specified. An act respecting fugitives from justice, and persons escaping from serv The_PRESIDENT pro tempore. Fifty-six Senators have re ice of their masters. sponded to the roll call. There is a quorum present. . An act to prohibit the carrying on the slave trade from the United States Mr. TILLMAN. Mr. President, in further ptl.rsuance of the to any foreign place or country. to An act to prevent the importation of certain persons into certain States study of ancient history, which I was getting in shape to go the where, by the laws thereof, their admission is prohibited. country along with the sweet, simple tale which we had from the An act to establish the post-office of the United States. · Senator from Michigan [Mr. BURROWS] this morning, I will not An act further to alter and establish certain post-roads, and for the more ask to have read, but I will ask to have inserted in the RECORD the secure carriage of the mail of the United States. An act for the more general promulgation of the laws of the United act of March 26, 1804, United States Statutes at Large, volume 2, States. ''An act erecting Louisiana into two Territories, and providing An act, in addition to an act intituled "An act for the more general promul for the temporary government thereof." gation of the laws of the United States." An act to promote the progress of useful arts, and to repeal the act here The PRESIDENT pro tempore. The Chair hears no objection tofore made for that purpose. to the request of the Senator from South Carolina. An act to extend the privilege of obtaining pat.ents for useful discoveries is and inventions to certam persons therein mentioned, and to enlarge and de The act referred to as foll.ows: fine the penalties for violating the rights of patentees. . CH.A.P. XXXVITI.-An act erecting Louisiana into two Territories, and pro An act for the encouragement of learnin~, by securing the copies of maps, viding for the temporary government thereof. charts, and books, to the authors and propnetors of such copies, during the Be it enacted, etc., That all that _portion of country ceded by France to the time therein mentioned. United States, under the name of Louisiana, which lies south of the Missis An act, supplementary to an act intituled "An act for the encourage sippi Territory, and of an east and west line to commence on the Mississippi ment of learning, by securing the copies of maps, charts, and books to the River, at the thirty-third degree of north latitude, and to extend west to the authors and proprietors of such copies during the time therein mentioned;" western boundary of the said cession, shall constitute a Territory of the and extending the benefits thereof to the arts of designing, engraving, and United States, under the name of the Territory of Orleans; the government etching historical and other prints. whereof shall be organized and administered as follows: An act providing for salvage in cases of recapture. SEc. 2. The executive J>Ower shall be vested in a governor, who shall reside An act respecting alien enemies. in the said Territory, and hold his office durin~ the term of three years, un An act to prescribe the mode in which the public acts, records, and less sooner removed by the President of the Umted States. He shall be com judicial proceed.ings in each State shall be authenticated, so a.s to take effect mander in chief of the militia of said Territory; shall have power to grant m every other State. · pardons for offenses against the said TerritoryJ....and reprieves for those against An act for establishin~ trading houses with the Indian tribes. the United States, until the decision of the ..l::'l"esident of the United States An act forcontinuingmforcealaw intituled "An act for establishing trad- thereon sb.&ll be made known; and to appoint and commission all officers civil ing houses with the Indian tribes." And . and of the militia, whose appointments are not herein otherwise provided for, An act making provision relative to rations for Indians, and to their visits and which shall be established by law. He shall take care that the laws be to the seat of government1 shall extend to, and have full force and effect in faithfully executed. the above-mentioned Terntories. · SEC. 3. A secretary of the Territory shall also be appointed, who shall hold SEc. 8. There shall be established in said Territory a district court, to con his office during the term of four years, unless sooner removed by the Presi sist of one judge who shall reside therein and be called the district judge, dent of the United States, whose duty it shall be, under the direc.-tion of the and who shall hol~J ~the city of Orleans, four sessions annually; the first to governor, to record and preserve all the papers and proceedings of the execu commence on the tnird Monday in October next, and the three other sessions, tive, and all the acts of the governor and legislative council, and transmit progressive!~\ on the third Monday of every third calendar month thereafter. authentic copies of the proceedings of the governor in his executive depart He shall, in au thin~, have and exercise the same jurisdiction and powers ment, every six months, to the President of the United States. In case of the which are by law given to or may be exercised by the judge of Kentucky vacancy of the office of governor, the government of the said Territory shall district; and shall be allowed an annual compensation of $2,000, to be paid devolve on the secretary. quarter yearly out of the revenues of impost and tonnage accruing withiri the SEC. 4. The legislative powers shall be vested in the governor, and in the said Territory. He shall appoint a clerk for said district, who shall reside, 13 of the most fit and discreet persons of the Territory, to be called the legis and keep the records of the court, in the city of Orleans, and shall receive lative council, who shall be appointed annually by the President of the for the services performed by him the same fees to which the clerk of Ken United States from among those holding real estate therein, and who shall tucky district is entitled for similar services. thave resided one year at least in the said Territory, and hold no office of prof!. There shall be appointed in the said district a _person learned in the 1a. w-l under the Territory or the United States. The governor, b¥. and with advice to a-Ct as atto~~Y.. for the United States, who shall, in addition to his statea and consent of the said legislative council, or of a majonty of them, shall fees, be paid $WJ annually as a full compensation for all extra services. have power to alter, modify, or repeal the laws which may be in force at the There shall also be_appointed. a marshal for the said ~trict~ who shall per commencement of this act. Their legislative powers shall also extend to all form the same duties, be subJect to the same r~tions ana penalties and the rightful subjects of legislation; but no law shall be valid which is incon be entitled to the same fees to which marshals in other districts are entitled sistent with the Constitution and laws of the United States, or which shall for similar services, and shall moreover be paid ~ annually as a. compen lay any person under restraint, burthen, or disability, on account of his re sation for all extra services. ligious opinions, professions, or worship; in all which he shall be free to SEc. 9. All free male white persons who are housekeepers, and who shall maintain his own, and not burthened for those of another. have resided one year at least in the said Territory shall be qualified to The governor shall publish throughout the said Territory all the laws serve as grand or ~tit jurors in the courts of the saHi Territory; and they which shall be made, and shall from time to time 1·eport the same to the shall, until the legiSlature thereof shall otherwise direct, be selected in such President of the United States, to be laid before Congress· which, if disap manner as the judges of the said courts, respectively, shall prescribe, so as proved of by Congr~'l. shall thenceforth be of no force. trhe governor or to be most conducive to an imJ.>artial trial and to be least burthensome to legislative council shau have no power over the J.>rimary ~1 of the soil, the inhabitants of the said Terntory. nor to tax the lands of the United St&tes, nor to mterfere With the claims to SEc. 10. It shall not be lawful for any person or persons to import or bring land within the said Territory. The governor shall convene and prorogue into the said Territory, from any port or place without the limits of the the legislative council whenever he ma-y deem it expedient. It shall be his United States, or cause or procure to be so imported or brought, or know duty to obtain·all the information in his power in relation to the customs, ingly to aid or assist in so importing or bringing, any slave or slaves. And habits, and dispositions of the inhabitants of the said Territory, and com eve~ person so offending, and being thereof convicted before any court municate the same from time to time to the President of the United States. within said Territory having competent jurisdiction, shall forfeit and ~y SEO. 5. The judicial power shall be vested in a. SU:{)erior court and in such for each and every slave so imported or brought the sum of pxl; one mmety inferior courts, and justices of the peace, as the legislature of the Territory for the use of the United States, and the other moiety for the use of the per may from time to time establish. The judges of the superior court and the son or persons who shall sue for the same; and every slave so imported or justices of the peace shall hold their offices for the term of four years. The brought shall thereupon become entitled to and receive his or her freedom. superior court shall consist of three judges, any one of whom shall constitute It shall not be lawful for any person or persons to import or bring into the a. court; they shall have jurisdiction in all criminal cases, and exclusive ju said Territory, from any port or place within the limits of the United States, risdiction in all those which are capital; and original and appellate jurisdic or to cause or procure to be so imported or brought, or knowingly to aid or tion in all civil cases of the value of $100. assist in so importing or bringing, any slave or slaves which shall have been Its sessions shall commence on the first Monday of eve=onth, and con imported since the 1st day of May, 1798, into any port or place within the tinue till all the business depending before them shall be · d of. They limits of the United States, or which Irui.Y hereafter be so imported fr0m any shall appoint their own clerk. In all criminal I>rosecu tions w ·ch are capital, port or place without the limits of the United States; and every ~rson so of the trial shall be by a jury of twelve good and lawful men of the vicinage; fending, and being thereof convicted before any court within sa.1d Territory and in all cases criminal and civil in the superior court, the trial shall be by a having· competent jurisdiction, shall forfeit and pay for each and every jury,if either of the parties require it. The inhabitants of the said Territory slave so imported or brought, the sum of $in), one moiety for the use of the shall be entitled to the benefits of the writ of habeas corpus; they shall be United States and the other moiety for the use of the person or persons who bailable, unless for capital offenses where the proof shallbe evident, or the shall sue for the same; and no slave or slaves shall directly or indirectly be presumption great; and no cruel and unusual ,Punishments shall be inflicted. introduced into said Territory, except by a. citizen of the United States re SEC. 6. The governor, secretary, judges, district attorney, marshal, and moving into said Territory for actual settlement, and being at the time of all 8:eneral officers of the militilh shall be appointed by the President of the such removal bona fide owner of such slave or slaves; and every slave im Umted States, in the recess of me Senate; but shall be nominated at their ported or brought into the said Territory contrary to the provisiOns of this next meeting for their advice and consent. The governor, secretary, judges, act shall thereupon be entitled to and receive his or her freedom. . members of the legislative council, justices of the peace, and all other SEC. 11. The laws in force in the said Territory at the commencement of ofll.cers, civil and of the militia, before they enter upon the duties of their this act, and not inconsistent with the provisions thereof, shall continue in respective offices, shall take an ooth or affirmation to support the Constitu force until altered, modifl.ed, or repealed by the legislature. tion of the United States, and for the faithful discharge of the duties of their SEc. 12. The residue of the province of Louisiana., ceded to the United office; the governor, before the President of the United States, or before a States, shall be called the district of Louisiana, the government whereof shall be organized and administered as follows: ~~g:: ofr;~: ~~h:he~Id~ir~~\~{fJ~~sJt!s~~~~t~~~r:d~;~ The executive power now vested in the governor of the Indiana Territory ister &: same; the secretary, judges, and members of the legislative council, shall extend to and be exercised in the said district of Louisiana. The gov before the governor; and all other officers before such persons a.s the iOV ernor and judges of the Indiana Territory shall have power to establish\ in ernor shall direct. the said district of Louisiana, inferior courts, and prescribe their jurisdiction 1914 CONGRESSIONAL ·RECORD- SENATE. FEBRUARY 19, and duties, and to make all laws which they may deem conducive. to the and to erect the Territory of Orleans and the Territory of Louisi good government of the inhabitants thereof: Provided, however, That no lr•"Y shall be valid which is inconsistent with the Constitution and laws of the ana, specifying the kind of government they were to have. United Sta-tes, or which shall by any pe-rson under restraint or disability on Contrast the two, and what becomes of the attempt·which has account of his religious opinions, profession, or worship; in all of which he been made and repeated time and again and again ad nauseam, to shall be a·M to maintain his own and not burthened for those of another; .And provided al3o That in all criminal prosectrtions the trial shall be by a hold up the Louisiana cession as an excuse or example for our jury of 12 good &nd lawful m~n of the vicinage and in all civil cases of the present war of subjugation and the holding of the Filipino people value of $100 the trial shall be by jury if either of tho parties require it. indefinitely as subjects, to erect a tariff wall between two sections The judges of the Indiana Territory, or any two of the~~ shall hold annu ally two courta within the said district, at such place as wiu be most conven of the country, one occupied by these subjects and the other by ient to the inhabitanta thereof in general, shall possess the same jurisdiction we citizens, and all of the infamies of which we on this side com they now possess in the Indiana Territory, and shall continue ins ssion until all plain, which complaints are pooh-poohed and pushed aside as the business depending before them shall be disposed of. It sha.ll be the duty of the Secretary of the Ind:i...'l.na Territory to record and preserve all the Jl<'l.pers mere lip service or attempts to deceive the people. The facts and proceedings of tho governor of an executive nature relative to the district speak for themselves. of Louisiana, and transmit authentic copies thereof everv six months to the It is known of all men that the Filipinos had gone to war with President of the United States. The governor shall pub:fish throughout the said district all the la. ws which may be made as aforesaid, and shall from time Spain for their independence, or at least in resistance to its tyranny, to time report the me to the President of the United States, to be laid be before we went to war with Spain about Cuba. It is known of fore Congress, which, if disapproved of by Congress, shall thenceforth cease all men that Aguinaldo was sent for and brought to Manila in a and be of no effect. vessel of war of the United States, and armed or assisted to get The said district of Louisiana shall be divided into districta by the gov ernor, under the direction of the Pl'esid~ as the convenience of the settle arms by Dewey. It is known of all men that with that encour ments shall require, subject to such &Iterations hereafter as experience may agement and assistance on our part and with practical acknowl prove more convement. The inhabitants of each district between the ages edgment of him and his people as allies against Spain, he had, as of 18 and 45, shall be formed into a militia, with proper officers, according to their numbers: to be appointed by the governor, except the commanding of I said a while ago, conquered the archipelago and established a ficer who shall be appomted by the President, and who1 whether a C.'kpta.in, government. a mn.jor, or a colonel, shall be the collllll!IDding officer or the district, and as If the President of the United States had waited till the treaty such shalll ~der the governor, have command of the :regular ot'ficers and troops in nis district, as well as of the militia, for whicli he shall b.a.ve a was completed, had become a law; if we had quie-ted Spain's brevet commission, giving him such command, a.nd the pay and emoluments title, so as to shut the mouths of any European nation and to of an officer of the same grade in the Regular Army; he shall be spee:i&lly give ourselves an excuse not to subjugate these people, but had charged with the employment of the military and militia of his di:Jtrict, in cases of sudden inva.slon or insurrection, ann until the orders of the governor recognized their efforts to free themselves from an unbearable can be received, and at all times with the duty of ordering a milita:rypatrol1 tyranny; if we had let the government then in force continue aided by militia if necessary, to arrest unauthorized settlers in any part or a.nd treated these people as Jefferson and Congress tl'ea.ted the his district, and to commit such offendel'S to jail to be dealt with according to law. Louisianians of 1803, as brethren, we-lcomed as fellow-citizens to ' Sr;c.13. The laws in force in tOO said district of Louisiana at the com be congratulated upon joining their fortunes with those of the meneement of this act, and not inconsisteni with any of the provisions great Republic, would we now have had this miserable, this hor thereof, shall continue in force until altered, modified, or repea.Led by the governor and judges of the Indiana Territory, as aforesaid. rible story of wrong and war and bloodshed in the Philippines? , SEO. 14 . .And be it further enacted, That all gra,nts for la.nds within the ter Nobody believes it. ritories ceded b;v. the French Republic to the United States by the treaty of We now come to the act of benevolent assimilation; and about the 30th of April, in the year 1800 the title whereof was, a.t the date of the I treaty of St. lldefonso, in the Crown, Government or nation of Spam, and every the best definition eve:r heard of it was the lion and the lamb act and proceeding subsequent thereto, of whatsoever nature, toward the who laid down together, and when they got np the lamb was in obtaining any grant, title, or claim to such lands, and under whatsoever au side. That appears to be the condition of the Filipino people thority transacted, or pretended,_ be, and the same are hereby decla.l"ed to be, and to have been from the begmning, null, void, and of no effect in law or colored though they be, who are being shot to death in the nam~ of liberty~ against whom we are discriminating in every possible equity...... +~ • ~'L..:- ~ ~-· d sh . ' PralJided, nevertheless, That anJ' w.LLU.g m w.u::~ se.:;won con ~.arne all not be way and treating them as chattels. We will not declare any pur construed to make null and void any bona fide grant~made agreeably to the pose toward them other than that of selfishne s. I.a.ws, usages, and customs of the Spanish Governmen . to an ootual settler on the lands so granted for himself and for his wife and amily; or to make null The Senator a moment ago said something in regard to our and void any bona fide act or proceeding done by an actual settler agreeably schools over there, and that we must not abandon our schools. to the laws, usages, a.nd customs of the SpaniSh Government to obta-in a Consider for a moment, if you please, this spectacular abomina grant for la.nd9 actually settled on by the person or persons claiming title thereto, if such settlement in eithi:lr case was actually made prior to the roth tion, the grand-stand play to the maudlin sentimentalists, of col da.y of December,l803: .And pro'Cided further, That such grant shall not 8ecure lecting last summer six or eight hundred o1· a thousand of the to the gr:mt~e or his assigns more than 1 mile squa.-re of l.&nd, together with best teachers, or at least as good teachers as could be got together such other and further quantity as heretofore hath been a.llowed for the wife and family of such actual settler agreeably to the laws, usages, and customs in the United States, selected by college faculties and superin of the SD:lnish Government. tendents of education and other instrumentalities, which were And that it any citizen of the United States, or other person, shall make a certain to givens men and women of high character and attain settlement on any landS belonging to the United States within the limits of Louisiana, or shall survey, or attempt to survey, such ia:nds, or to desi~te ments; and a shipload of them started across the ocean with the bound..·uies by marking trees, or otherwise, such oft'ender shall, on conVIction beating of tomtoms and a parade of headlines in our papers about thereof in any court: of record of the United States or the Territories of the civilization, and all that sort of thing being carried to our-I do United Stat.es, forfeit a sum not exceeding $1,(XX) and suffer imprisonment not exceeding twelve months; and it shall, moreover, be lawful for the Presi not know what to call them; our subjects~ I suppose. dent of the United States to employsuchmilitaryforee as he may judge nec And then I want to ask any man in this Chamber or in any lo essary to remove from lands belonging to the United States any sueh citizen cality in the United States to take this question home to his heart· or other person who shall attempt a settlement thereon. SEc. 15. The President of the United States is hereby authorized to stipu to go into New England, for instance, in a township where th~ late with any Indian tribes owning lands on the east side of the Mississippi taxes are levied for every purpose of local government, where and residing thereon~, for an exchange of lands, the property of the United nothing is levied by the State, except enough to carry on the State States, on the west siae of the Mississippi, in case the said tribes shall remove government; where the school taxes are fixed by the local condi and ~ettle thereon; bnt in such stipulation the said tribes shall acknowledge themselves to be under the protection of the United States1 a.nd sh&ll agree tions and the wishes of the inhabitants of the locality. Let those tha~. they will not hold any treaty with any foreign power, mdi-viduai state, school taxes be collected, not by the people of the locality, but by or with the individuals of any state or power; and that they will not sell or dispose of the said lands, or any part thereof, to any sovereign power except five men sent there from somewhere else, to le-gislate not only for the United States, nor to the subjects or citizens of any other sovereign New England, but for New York, for the difference between the power nor to the citizens of the United States. population is not so great. The millions thus collected-eleven And in order to maintain peace and tra.nqllill:ity with the Indian tribes who reside within the limits of Louisiana., ss ceded by France to the United millions, I think, is the report of the Taft Commission-are to be States, the act of Congress passed on the ooth day of Ma.reh. 1802, intitnled spent and have been spent under 292 acts. Of what? Congress? "An act to regulate trltde and intercourse with the Indian tribes and to pre Oh, no. Acts of the Taft Commission. And how do those acts serve peace on the frontiers," is hereby extended to the Territories erected and established by this act; a.nd the sum of $15,000 of any money in the Treas run? ury not otherwise a:ppropria.ted by law is hereby appropriated to enable the By_ the authority of the President of ths United States, be it enacted by President of the Umted States to effect the object expressed in this section. the United States Philippine Commission, and so on. SEO. 16. The act passed on the 31st day of October, Um, intituled "An act to enable the President of the United States to take possession of the terri One million dollars I notice was appropriated by one act to make tories ceded by France to the United States by the treaty concluded at Paris roads. on the ooth day of April last and for the temporary government thereof," For purpose of comparison and to show the cloven hoof of shall continue in force until the 1st day of October :next. &nvthing therein to the contrary notwithstanding; on whichsai.:llst day of uctober this act shall tyrannical and irresponsible power-imperialism, in a word-I commence, and have full force, and shall continue in force for and during give here the enacting clause of the laws of the German and Aus the term of one year, and the end of the next session of Congress which may trian Empires. Mark the contrast, all ye who still talk of free happen thereafter. dom and liberty as the purpose we have in view, and express con Approved, March 26, 1804:. tent with the methods we are pursuing. One man is given as the Mr. TILLMAN. I will just comment, as I go on, by pointing source of authority on the Philippines. out the fact that the act of Congress which authorized the Presi GERM.A.NY. dent to take possession and govern was passed in October, 1803. Wir Wilheb:n,. von Gottes gn.a.den We William, by the grace of God Dentscher Kaiser, Koenig von Preus- IEmperor of Germany, King of Prns A period of less than six months had elapsed between the occupa sen, etc., verordnen im N amen des sia~ etc., order in the name of the tion and creation of the Territorial government. Congress im Reich.s,. nach erfolgter Zusti.mmung Empire, with fnll agreement of the mediately proceeded to give thoss people Territorial government des Bundesraths, was folgt. Bundesra.th, what follows. 1902. CONGRESSIONAL RECORD-SENATE. 1915 AUSTRIA. with Spain for other and wholly di.fferent purposes than that of independ,. Mit Zustimmung der beiden HAuser With agreement of both houses of ence. des Reichsrathes finde Ich anzuord- the Reichstag I find it to direct as nen wie folgt. follows. Then he goes on to state that- FRANZ JOSEF. (Signed at end) Their independence had never been recognized by Spain. the United States FRANZ JOSEPH. or any other sovereign power of the world, and by the universally accepted But to get back to my schools. Suppose the taxes thus col ru1e of internati<>nallaw until this is done the territory remained under the lected in a New England community, or any American commu sovereignty of Spain and the people were subjects of Spain. nity, or any liberty-loving community under the sun-collected at Now, I wish to call attention to this fact. It is not the de jure t;he point of the bayonet, mind you-are to be spent, as these are, but the de facto govel"D.ID.ent that has always been recognized. to educate the children of Filipinos, and lo and behold, when The United States Government has particularly supported that the Filipino child, who knows nothing about English, goes into theory. In all its relations with the new sovereignties of the the schoolroom furnished him by his benevolent assimilators, he world, it has been prompt to accede their sovereignty or their knows nothing about the tongue of the teacher. How are they independence, as it is called, and to recognize belligerency, be to understand each other? He or she speaks only English. cause the United States themselves owe their origin to the throes Take the matter home to your bosoms and your souls, if yon of a revolution. When the Senator says that we had not recog have any left, and consider for a moment what you would think nized the independence of the Filipinos nor had any other sav about such benevolent assimilation or such travesty upon liberty ereignty recognized them and, therefore, that all our assumptionS' and decency and justice. Yet that is the system which the self falls to the ground, he is very much mistaken, in my humble complacent Senator from Michigan declares meets his full ap judgment. proval, and judging by the votes of his State I presume it meets For two years we were a de facto government. For two years the full approval of the majority of the citizens of Michigan. we ha.d a Continental Congress. For two years we marshaled God have mercy on their pusillanimous souls! English-speaking our squadroilB in the field, and for two years we maintained our teachers, who know no Spanish, to teach Filipino children, who selves against the power of Great Britain. Yet in that two years know nothing but their native tongue, and the Filipinos to pay there was no recognition, and we our elves said in the Declara the taxes, amounting to a million and a half dollars, for that one tion of Independence two years after the conflict had begun, or shipload of teachers who have gone over there to spread the bless rather we said up to that time, and we said in that paper that we ings of liberty and civilization and religion. were the most loyal subjects af Great Britain; that we were not I did not get up to make a speech. If the Senator from Michi fighting ~or inde~ndence, as the Senator says the Fillpin~s were gan had allowed me to put these historical documents in along not fighting for mdependence. He says they were fightmg for with his Taft Commission proclamation, his Presidential defini certain reforms. We were fighting for certain reforms. They tion of liberty, and all that kind of thing, I should not have sa.id were fighting for the expulsion of the friars and a good many a word. But I do not wish that record to go out to the country other amendments of their government, and we were fighting for with his special pleading and with his one-sided stateme~t of pre one thing, for representation to accompany taxation. It is true tenses and purposes and of so-called facts uncontradicted. I literally, as the Declaration of Independence cites, that we were apologize to the Senate for having intruded on it this long to re spurned from the foot of the throne in preferring our petitions to vamp some more ancient history connected with the glorious the Crown, and we were assuming and declaring in every one of pages of our early Republic, when its people loved liberty and those petitions that we were the most humble and devoted and had not learned to cant and whine and play the hypocrite. loyal subjects of George the Third. Now, that was the case. :M:r. MONEY. Mr. President, the other day the distinguished There is the historical parallel here. and able Senator from Oregon [Mr. MITCHELL] made an elab Then I want to say to the Senator also that in anything that I orate exposition of his views upon the question of holding the have sa.id, or as I believe that was said by the Senator from Wash Philippines. I was unable to hear him in full because of the ington [Mr. TURNER] and by others who have spoken on this visit of a number of distinguished Mississippians here, to whom side, there is no intention to challenge the right of the United I had to devote myself a good deal, and when I came in to hear the States as against the world, according to internationallaw. That last rart of the Senator's remarks I caught only a few of them, is an assumption of fact by the Senator from Oregon which is not because I was unable to hear him, to my regret and my misfor- shown. There was no other party that had a claim except Spain. ~e. . How could any other party come in but Spain? This morning I had brought to my attention, however, the Mr. MITCHELL. May I ask the Senator from Mississippi a RECORD, which I do not read. There are some parts of there question? marks made by the distinguished Senator from Oregon to which Mr. MONEY. Certainly. I desire to call attention, and I desire now to make a brief reply Mr. MITCHELL. When does the Senator from Mississippi to him. It is not what he said concerning me, which was very say that the sovereignty passed from Spain to some government kindly said. He aid that I had said that there were many things there? that I would omit and many I would insert in the minority re Mr. MONEY. My a.nSwerto that will ba included in there port, but that I did not state what they were. I had attempted marks I was about to make. to state, in response to an inquiry from the senior Senator from Now, Mr. President, there is no contest here with any other Maine, what my views were individually, without any responsi power about our right. If we go before an arbitration contesting bility to anybody or speaking for anybody, but in my own behalf, the right of Germany, France, or any other government, the ar simply what I thought about it. • bitrator would simply say that according to international law But I find here some remarks that the Senator from Oregon the United States has the title. But in this Senate, when we are made in criticism of the very able speech delivered by the Senator considering among ourselves what our country ought to do for its from Washington [:Mr. TURNER], and I will read that part to own sake, as well as in justice to aliens, we are not considering which I expect to allude briefly. I only intend to speak on this international law, nor whether any power on earth has recognized single point, because the SenatoT has made it the focal point, and the independence of the Filipinos, but we are considering the high the whole thing hangs by this, according to his own phraseology. law of morality and justice and liberty. The Senator said: We, as a nation, devoting om·selves to liberty, have stood as a But I deny the claim or the distinguished Senator- brilliant example to every struggling people on top of the earth for national independence. We are not to consider whether in Referring to the Senator from Washington [Mr. TURNR&] ternational law would give us a title to the Philippines as against But I deny- the claim of the distinguished Senator as to the assumed fact. I deny that the Filipinos had, prior to the fall of Manila., ever succeeded to any other power, but whether we are to adopt or not a certain their independence. The indestructible facts of history will not sustain the policy, whether we are to adopt or not certain principles, which assumption of the Senator. I deny that they had ever at any time prior to go against every profession of liberty we have ever made, either the fall of Manila established an independent government. When did Spain recognize their independence? When did any other power on earth rscog in this Congress or elsewhere. That is the question, and not the nize their release from Spanish sovereignty7 When did either Spain or any other. So we are to consider, then, the question of our right to other of the great yowers ever concede that they had achieved their inde the Philippines not upon a question of international law, not pendence Ol' established an independent government? ·The utter fallacy of the whole argument of the distinguished Senator abides in his assumption of upon a question of recognition of independence. an alleged fact which never had any enstence. Now, it might be very well said that we did have to be there Tbis is the clearly discernible vice, this is the deadly" fly in the ointment." recognized, if we chose to have a responsible government. We which utterly destroys the very plausible argument of the distinguished first di ~at.'lr Senator. .Any claim, therefore, that there is any defect in our title to the had there a government which was proclaimed as the Philippine Archipelago, based on the strange suggestions of our Democra.tie ship. That was before the protocol was signed some months. friends and so strenuonsly insisted upon by the distinguished Senator from Then we had, after three days of that, tlte provisional republic. Washington in his recent speech, that at the time of the Paris treaty the Filipinos were in possession of those islands and had conque1·ed Spain and That provisional republic had its provisional president. It had its secured their independence and established an independent government of congress by election, and the statistics shoW- that that congress their own, is wholly barren of support. was fully capable of performing all the duties that devolve upon As a matter of fact, those people so far from having achieved independ ence and established an independent government of their own, had not been the congress of any people in the world, as far as written instru even urging a war for independence. They were professedly contending ments can go, and I say that the state papers of Aguinaldo, the l916 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, provisional president of the republic, are equal in dignity and that of Manila. We all know that when the first troops landed force and clearness, and in truth and in majesty and the a.ssertion under General .Anderson·, when the fleet of Montijo was sunk in of the principles of national independence, to any that were ever the harbor of Cavite, the city was beleaguered, and the first Ameri framed, here or elsewhere. can troops were landed, and the Filipinos were moved farther from The fact is that they had a government de facto, the very kind the interior that they might be nearer our ships. That was done, of a government that this country has been the first always to and they stood shoulder to shoulder in the same trenches, and the recognize, and was so anxious, indeed, to recognize them that we city of Manila was held by the united forces of the Filipinos and sent ministers through the South American continent hunting up the Americans. We all know that a joint expedition sailed to the peripatetic homes of revolutionary governments to giva them Subig Bay; that the squadron of the Filipinos floated their flag; some sort of recognition by accrediting a minister to them. In that the squadron of the Americans floated their flag; that the fort every instance we have been the foremost, even sending a gentle- was soon reduced; that the only terms the Spanish commander . man of the highest distinction to Hungary in its revolt against made was that he should not be turned over to the Filipinos; that the Austrian Government to ascertain the extent of the revolt he was promptly turned over to the Filipinos, notwithstanding and whether it wa.s of sufficient importance to justify our recog that engagement, with 14,000 other prisoners, and they were held nition of belligerency. by the Filipinos. , - We have been foremost in every instance. In the Old World it Now, the Senator says that they made war upon our troops by has been different, where families were supposed to rule by divine firing upon some of our soldiers. That was very opportunely two right. Then the de jure government was recognized long after or three days before the treaty was to be voted on here, so oppor its efficiency had departed, until nations were compelled by the tunely that it changed exactly enough votes to carry through the necesELty of commerce alone, if by nothing else, leaving aside any Spanish treaty. question of diplomacy, to recognize the de facto government. I had read in the Senate a letter from a. young gentleman in the So the Filipinos had a government that was capable of recogni ranks who had joined one of the regular regiments going through tion, and that is the only point that we are to consider-whether San Francisco, a young gentleman of intellect and education. they had a government that was performing its obligations to its Writing on the 24th day of December, he said that a single shot citizens and capable of performing them to the whole family of would bring on a. general engagement, and that it was hourly nations into which it was about to enter. looked for. But it is singular that an engagement should be Now, the testimony that we have from our own officials upon brought on by those people firing upon our flag when nearly the islands is that Aguinaldo had established his provisional gov every single general in the Philippine army was inside of our ernment; that they had a tentative constitution and a series of lines at a ball. laws, and also that they had established courts throughout the You haye got to take these historical facts and put them together whole islands; that affairs were being administered without ob before you can a.ssign a. motive, for the motive is the whole thing. jection by the inhabitants, and nobody else was concerned. We You must consider with what assiduity Aguinaldo addressed him hear of no single instance of revolt nor of dissent against that self to the task of piecing up the breach that had occurred; how government among the people. The processes of the courts ran ~e proposed to make a neutral zone and withdraw his troops to throughout the whole islands. Schools were established. The any extent that the American commander might design; and pre taxes were regularly collected, without, as far as weare informed, ceding that we had the spectacle of these two armies lying side by any dissent. They were performing all the functions of govern side, and Aguinaldo furnishing, upon repeated requisition from ment in all the various farms of the executive without any sort of our forces, bullocks, carts, horses, fuel, forage, and everything -dissent from anybody that we know of. And that was before we else. '' My dear General ·Aguinaldo'' was furnishing all these had signed the protocol with Spain. things to us and fighting side by side when the time came-the So the Senate, I think, will see that the controversy had not d~y after the protocol was signed-on the 12th of August, the turned upon the point which is assumed to be the vital one, but City after a sham fight, surrendered upon the understanding that totally disregarded it. It does not come into the controversy at the Filipinos were not to enter. Why? The Spanish said they all. There is no other party extraneous to ourselves and the would plunder and loot the city. In other words, the Filipinos Filipinos to make any claim there whatever. It is only a question were to loot their own city and the Americans-the strangers that we are to determine here for ourselves what is just and hon were to be intrusted with it. That was all there was of that. OI'able in a great liberty-loving nation to do with a late ally and The excuse was so paltry and so pitiful that I think every Ameri a people struggling for national independence. In my opinion can ought to blusl! for it. Her people could not be trusted at their they are just as much entitled to it as any other people who ever own capital city, where they themselves resided with their families struggled for independence. and their friends, and strangers to them were permitted to take How long did we wait after seven years of struggle before we occupation, for fear there would be some looting going on. received recognition? How long did the Constitution of the United We did not see anythin~ of that sort in China. There the J aps, States remain before it was ratified by the States of Rhode Island who broke the wall first m the only two attacks upon foTtified and North Carolina? About two or three years. This Govern cities, distinguished themselves by their valor, and lost more men ment was a government de facto when it could put armies in the in killed and wounded than the whole white contingent put to field and maintain them, when it could perform the functions of gether, were the only people who preserved discipline and refrained civil government through the courts and through the disburse from looting and from pillaging. So I think in this case the brown ment and the collection of taxes. It became then a government race could have been intrusted with their own city, their own de facto. household, as well as could the foreigners, who afterwards abused · As I said, we have universally been the first to recognize the de the liberty which their friendship had admitted them to. facto government everywhere, insisting upon what is now a com So it will be seen, Mr. President, that this side of the House has mon rule of international law, but which formerly was not. not proceeded upon a false assumption of alleged fact to use So it devolves upon us to consider what is right in the case, not the language of the distinguished Senator from Oreg~n [Mr. what title we might acquire, however surreptitious, however bad MITCHELL], but it has proceeded upon the true conception of what in morals or in principle, but what have we got and what rela the duty of this country ought to be in the premises, whether we tion ought we in good conscience and in good faith and in honesty ourselves can afford to deal faithlessly with those people not re- to sustain to those people who so lately had assisted us in their garding their future, but our own. ' feats of arms. Now, the Senator says that we can not abandon this condition The Senator says there has been no struggle there for independ of things in competition with the other powers of the world inl ence. I will cite him to our own case, where for two years. we civilization. For heaven's sake, what have we to abandon that· were an humble suppliant at the foot of the Throne, signing ouT we are in competition with? Are we in competition with the ~ selves the most loyal and obedient subjects of King George. balance of the world in subduing distant peoples to make them; But, Mr. President, the facts remain that all through the months subjects? Is that the great competition? Ought we to strip for ' of February and March and in April, after Admiral Dewey sailed· such a race as_that? Ought we to strip ourselves of every p1'inci- ; for the Bay of Manila, the contest was going on and was a strug- ple that has adorned the American history heretofore? We are gle for independence. It was so declared when Aguinaldo was to pull off our sandals and gird up onr garments to run the ra-ce brought from Singapore to Hongkong and put in the care of Consul with the robber nations of Europe in seeing who can go farthest Wildman and then brought out to Manila. He came there to con in the conquest and subjugation of people 9,000 miles away with ' gregate in one the different insurrectionary bands who were be whom we are not in the least bit concerned. No man ha~ ever 1 sieging the Spaniards in every garrison in the islands. He began shown where the prize is. What is the compensation for all this? ' then a movement for independence. Whatever the war had been If we take the Senator from Oregon, who is a. very distinguished waged for, it was no longer in doubt what they were contending man, upon his ground, we will agree with him that there can not , for. That was before we had any claim to the islands whatever, be any controversy before an arbitration of any foreign govern- ! by treaty or by conquest or otherwise. ments as to our international-law right to the Philippines. But As a matter of purely historical fact we all know that the Fili that is not the question we have undertaken to discuss at all. The pinos had di'iven the Spaniards from every single garrison except question what we are to do with these things is to be argued out 1902. CONGRESSIONAL RECORD-SENATE. 1917" here among ourselves, with no third party to the transaction at and of justice, I think this_Chamber would speec:lily change its all. The question is whether the American Senate and the House conclusions on this subject. We can not, however, it seems, rid of Representatives and the Executive, including the coordinate ourselves of all the burden of a certain public opinion of a cer branches of the whole Government, will continue to do a thing tain class of people, but we can continu&lly make protests against which has shown itself so unprofitable; whether, in other words, an obvious wrong, and we can continually appeal from the votes we are doing right now or ever have been doing right. here to the awakening conscience of a great people. It is useless for people to say that nations have no morals. It They may be, in the delirium of military success, capable of is useless to say that any nation can commit a wrong without its doing things they would not do in a more sober moment. To feeling at some time the full effect of it. It can no more do it that sober people this side is entitled to have always the privilege than a man can. Every man who commits a wrong against an- of appealing. We make no war on the Government; there is other and every nation which commits a wrong against another nothing here that can be construed into anything of that sort; but wrongs itself more than the other. It will feel some time or other certainly we can here, upon the question of policy that so deeply the effect of it, for the trangression of the law is followed al- and vitally affects the American people themselves, discuss dis ways by the penalties of the law. passionately a question that goes to the very roots of free institu- Now, we have undertaken to find out here, if we can, what is tions and of government and liquefies the solid pillars which the best thing we can do for ourselves, not for the Filipinos. As support the popular institutions of this country. I stated here the other day in a spe-ech I did not expect to make, We have had scenes in this Chamber which were not charac there is nobody here who cares anything about them-not a soli- terized as traitorous when leading Senators from the North stated tary thing. The question is, what are we going to do for our- that the war with Mexico justified secession. We have had Sen selves? We have expended some $250,000,000-$350,000,000, as is ators and Representatives from that section of the country say suggested to me by my friend from Georgia [Mr. BACON]-and that the war of 1812, the second war for independence, justified we are expending, I understand, at the rate of a million and a secession. We have heard it said from the pulpit in that section half a week. We have put ourselves in an attitude that our pres- that if it were left to the voters, 99 out of every 100 respectable ent strength, military and naval, must go to that weak point in men would rather go to Great Britain than enter into the abysses case of war with any other country, and we do not know when of war with the English people; and there was a Northern gov that will occur. However fair the horizon now, the cloud, like ernor who made proclamation that his Commonwealth would not a man's hand, may rise at any moment. What was more unex- concede the right to the President to order out the troops as the pected than the Spanish war six months before? quota of Massachusetts against the country from which we are That reminds me that it has been stated here to-day that this descended and whose religion we have. Nobody talked about side of the House was very precipitant to go into that Spanish traitors then. war, but very reluctant to enter· into the other. It is the·very Men must express their views here fairly, or there will never be highest compliment that that distinguished Senator can pay the any righteous or any wise conclusion. Let us forget that there i8 Democratic party on this side of the House, because we went into such a thing as Executive patronage, and we shall have gone half the war to rescue a people from starvation and from tyranny, and way toward a settlement of-every one of these troubles. Then let you have entered into a war that has no such purpose nor any us remember-having forgotten that much-that there is some akin to it, only for self-aggrandizement. This pretense of secur- thing due to conscience, something due to morality, and we shall ing a better government than they have is simply-preposterous. accomplish the balance of it. There is no difficulty except that It does not rise to the dignity of a second -class article of nonsense. which we make ourselves. . However we may think of those people, and I myself do not be- It is said that it is impossible for us to cut loose from the Phil lieve they have the capacity to share with us in the civic burdens ippines, or to retl·eat, or to scuttle, to use these phrases. I recol that our citizenship imposes, yet they are sufficient unto them- lectin one of Scott's novels his heroine, DiVernon, said to her selves. halting cousin, '' There is no such word as 'impossible.' '' Things They can govern themselves in some manner. They can gov- only are impossible because they seem to be so. There is no d.ll ern themselves as well as the protectorates in the Malacca Straits ficulty when we honestly try. We are not ruled by justice here Settlements and different English protectorates all over the globe, to-day, but we are here to make difficulties; we are here to put and also a great many other independent nations of the globe. obstructions in the plain·, straight road of duty; we are here to We are accustomed to pronunciamentos and revolutions every- dig ditches across the highway that will lead us to a safe harbor; where. They are matters of daily account. We ought not to we are here to place obstacles when we ought to remove them; continue in the course that we find detrimental to ourselves sim- and I feel sure this Senate is not going to do anything else but ply because of an assumed responsibility toward another people, to continue this policy just as it has been marked out-a policy and we are so tender and conscious of that responsibility to those -that has not been justified by a single day in the history of this · people that we inflict upon them governments which they would country, a policy that has been denounced by every important never choose of their own choice. I wish to-Q.ay there might be instrument, by the Constitution, by the Declaration of lndepend a ballot taken on the island of Luzon to see whether those people ence, by every oration delivered on the hustings, in the forum, in would prefer to return to Spain or stay with the United States. the Senate, and everywhere else~ in favor of liberty when any I should like to get from some authority there that could be re- other oppressed people of the world were struggling for the same spected something of the opinions and real feeling of the people blessings which we enjoy. who inhabit the Philippine Archipelago, especially the Christians, We are going right on. There has been a tremendous change the Visayans, and Tagalogs, as to what they thought of this at- of front in these United States. That is all there is about it. tempt to give them a better government. We are marching forward, extending foreign trade, and forget- Why, Mr. President, our war there is simply like putting out a ting the claims of people struggling for national independence. fire in one place and having it break forth in another. This war We have heretofore been hunting for excuses to acknowledge will not be ended in our day. I stated in a speech I made upon belligerency and to justify military intervention, but now we the Spanish treaty, when we were calling home the volunteers turn our backs on everything we have ever said or anything we from a few months' war, that we should have to enlist a larger have ever done. Is there any reason why we should do it? Will number of volunteers in a war that would last indefinitely. Not somebody tell me where our compensation is to come in? one of you would have any respect for a man living in the Philip- The other day there was a convention between Japan and pines who did not resist with all his might the attempt to place Great Britain as to the preservation of the Chinese Empire against him against his will under another government. Who is willing certain European nations that are said to have designs upon it, to say that if he were a Filipino, he would not do his very best and the newspapers said that the American Executive looked for Filipino independence? . favorably upon that convention. I hope he does; and yet we I know how we regarded the Tories of the Revolution, and yet have had the argument here as one of the main reasons for tak the Tories of the Revolution comprised one-third of the popula- ing possession of the Philippines against any moral right, as I tion of the united provinces. They not only comprised one-third · say, that they will afford us a base of operations when the dis of the number, but they comprised very largely the greater share memberment of the Chinese Empire shall take place, so that we of the wealth of the country. They were the older people, who may claim our share. It is all greed, it is all lust of conquest. were supposed to be the best informed; they were the commercial Morality has been relegated to the limbo of old curiosity; justice people, and many of them had such a profound distrust of their is no longer spoken of- fellow-countrymen that they speedily left the provinces whEm the 0 judgment! thou art fled to brutish beasts, war had concluded. .And men have lost their reason. There may be some commercial people also among the Filipinos. The whirlwind of military excitement, the sudden fanning of There never yet has been a country that did not have its traitors, the flame of military ardor of a great people like this has made and we do not know how far commercial interests will control a vortex that envelops us. The result is that we have not yet people and how far they will lead people who are for conquest emancipated ourselves from the glamour of military successes in and dominion. If we could strip ourselves of all ideas of com- the East and in the West. We have been incapable of fajr judg- . merce and resolve this question down to one of fact, of morality, ment. Philip has not yet become sober; but the appeal will 1918 CONGRESSIONAL RECORD- SENATE. FEBRUARY _19, continue to be made :to him until he is sober; and when that time Was that argument ever made when the treaty of peace was comes 1 have yet enough faith in the liberty-loving character of ~nder consideration m this fb~y? I was not then here, but even the American people, in their sense of justice, in their conscience, if I had been [do not suppose I .could state, for I assume it was · ana in their mm·ality to believe that the-y will undo what we bave done in executive session; but I ta-ke it that no sneh argument was been doing. . ever tm.de hBre at that time. Qf course 1 do not kn struggling for independence; and as w-e had participatedwith them and the Ho-use giving away the authority of the representatives of jointly as allies or conf.ederates., or whatever yon may term them, the citizens of the sovereign States of this Union to the Executive, in the endeavor to shake off the yoke of their oppressor, which and the Executive calling f<>r more, like the horse-leech's daughter. they had substantially acoomplishoo without om· assiBtance, ex- Not satisfied with the autocratic powe1· already given him, cept so far as the battle of Manila Bay was oonoorne d~ then the an<:>ther bill is to be soon introduced, I am told, by the same gen question addressed itself, at least to some of us, as to whether we tleman, to give him the right to say which of two .canals he will had t he right in morals to a srune sovereignty where we had take, involving in it the right to tax a hundred or two hundred rume~ whether in fact this Government eould afford to hold any million dollars, more or less, as he may choose in his judgment. people subject to its willa.nd against theirs; whether it was true, Everything is slipping away. That "eternal vigilance is the as pronGunced in. the Declaration of Independence, tht1t all gov- price of liberty" is one of th"6 maxims of the ancients, .and that ei'IlD.lBnts are founded upon the consent of the governed; whether was the crystallized expression of their experience. The failure we had bBl'...n justified during our one hnndrOO. and twenty-five of every republic that ever existed-and the .shores of time are years of glorious history in giJVing our sympathy and ~oral sup- strewn with their wrecks-has been due to the failure of men to po.rt to every people wh'D bad straggled for liberty anywhere. govern themselves, by the fact that the authority slipped from These questi-ons come up, and with thmn the cognate -question the hands of_the many into the bands of the few and ultimately of what was to be done with those people, the difficulties that into one. would be encountered in ruling them, an-d the objootions to their I know thBre is no bugle blast long enough to bring you back a-dmission to citizenship on a.eeount of the pectlliar construction to the eOlliititutional duty imposed upon you. I know very well of the oriental mind. I said even then that' I believed them in- that what th-e President wants he will get. I do not 1·e:flect upon capable of onr Jrind of government, but I have never sai-d, an.d I that distinguished. official. It is the tendency of the time. It is do not believe, that they are incapable of self-government, that the effect of that of which Sam Adams wrote to Richard Henry Lee is, a government according to their ideas of government, that will after the adoption of t-~ Constitution, when he declared., ''Our work out according to their m-ental, moral, .and spiritual wants people are now simple and virtuous and love liberty, but I fear through g-eneration after generation .of their forefathers. the time will come when they will get rich and love their riches I believe now that, whether the government whieh would sub- mol'e than their liberty." It has been the fear which has haunted siBt there if we shonld withdra.w our troops coul-d be-characterized, thoe mind of every patriot since this organization was made. It in the language cl the President~ as murderous anarchy or as a is justifying what Alexander Hamilton said, that the people were free republic, it devolves upon us simply to absolve ourselves incapable .of self-government; what Mr. Sedgwi~k, of Massa from an QnerollB duty that does not belong to 1Y! by Providence, chusetts, said in the Senate Chamber; what Robert Sherman, of by d-estiny, or by any power except our own will; to rid our _peo- Connecticut, said. It is a prediction that has been made from pie of enormous taxation and fTom the still greater danger of the the beginning, and we, unhappily, wben these times are out of threatened peril of introducing here into this free Republi-c the sorts, are called upon in our -conduct to verify that prediction. idea that im-perial or autocratic power can be conferred by the This side of the House, I believe, has labored earnestly for the Congress of the United States upon the ExBCUtive; and it is a benefit of .American institution_s,of American liberty, of the prin q_uestion whether we are to survive the experiment· that is being ciples ·of justice .and morality; and without these no oountry on made with them when we have not yet shown <>urselv-es entirely earth can long maintain itself as a republic. What other people .capable of .settling all the problems which have risen within our have done concerns us only in the exa.mple which it affords us. borders. What empires may do, what autocracies may do, what aristocra- These are t.he questions that address themselves to our minds, cies -or paternal governments may do is one thing. They may not, as I said~ because we love the Filipinos less, but the .Ameri- do things and prosper, but what a re_pnblic may do, ba£ed upon cans more; nut that we are not c-oneemed in companies organized the will and <:apa-city .of every man to govern himself and help to to exploit the w.oods and the commerce and the mines of tlw Phil- govern othflrs, is a totally different question. They can not fol ippines, but because we are oo-noorned in the perpetuity of free low with impunity the course of other nations. They must each institutions in America. It was too question whether we were one trust to themselves; and we will find before we terminate to transmit to our posterity, untarnished and effectiv-e the insti- this experiment that the saddest day of American history was tutions we receiv-ed n·om our sires. These were the vital questions whfm. the Spanish treaty was sign-eeL We will then recollect which addressed themselves to us, and to them we solemnly ad- that- die ed ourselves. Of all sad words of tongue or pen, This quibbling about title was not the thing. The debate was The saddest are these: " It might have been.!" not upon any such point as that, and it has not been yet. It is a And yet we will endeavor to divest <>urselves here individually mistake to suppose that any debate upon technicalities here .can of responsibility by saying th-at we are .standing with our party; hide the tme ·Character Qf the debate carried on in this Chamber. that we are obliging somebody; that we have not studied the At last the rea.son and the conscience of the people must see that question; that we are .ashamed to go back when we find we are there were gr-eat q11estiDns at stake that will involve the ch-aracter wrong; that we can not withdraw the flagj tha no one should of this Government at .home. The rot at the circumference will pull it down where it has once been put up, although that has after a while surely rea-ch the center. You .can not -safely invest been done over a-nd over again and alway.s will be. It is not dis anybody, not -even St. Paul himself, fresh from the sermon OR honor to the flag. The highest honor I can pay the flag of my Mars Hill, with immense authority and no responsibility; and · country is to pull it down when it is in the m·ong place. that is exactly what we have done. The greatest duty we owe to ourselves is to consider what the There is throng)lou.t this whole busin-ess a steady accretion of American people are to .suffer or enjoy by this forced relation executive power and a steady delegation_of power by Congress- to with a people 9,000 miles away, absolutely discordant with us in the Executive. We foresaw the -consequences three years ago, all their ideas, incapable~ as you have decla,red in a resolution priDr to the ratification of the treaty. They were _pointed out as which ycm .. passed .simultaneously with the treaty, of becoming clearly as the noonday sun. It was smted as precisely and as . .citizens of this oountry. accurately then as it has been shown to-day what the conse- Then what are they? Some one said here the other day, al quen-ces would be. We have persiste and it has not yet been shown that the spirit of those instructions, Mr. FORAKER. So he was not without honor. I did not pre or any specific detail of those instructions, has been violated by tend that he was. that Commission or by , any other authority representing the Mr. MONEY. I am drawing a simile now. So it seems Mr. United States in the Philtppines. Corwin did not suffer so much in the esteem of his own people, That is all I want to say for the present in answer to the speech and if I can suffer as little I shall be quite satisfied. of the Senator from Mississippi, but before I put the documents But it makes no difference to me, Mr. President, how many in the RECORD I wish to come to an understanding with the Sen people sympathize with me in my utterances. Like Victor Hugo, ator from Colorado [Mr. TELLER], who made a remark a while I believe that God and one is a majority, and I shall always assert ago which I think I must have misunderstood. I understood the what I believe to be right, what I believe to be the true principle Senator from Colorado to say that sovereignty can not be pur of conduct for this great Republic, as long as I enjoy the honor of chased. a seat in this body, perfectly regardless of my political fortune. Mr. TELLER. I did not say anything of the kind. The Sena Mr. FORAKER. Mr. President, nobody questions the sincerity tor from Oregon [Mr. MITCHELL] said it could not. I said it had of the Senator from Mississippi, and nobody thinks for one mo been asserted in this Chamber that sovereignty could not be pur ment that the Senator from Mississippi would desist from advo chased. cating anything he might sincerely believe because of any effect Mr. FORAKER. I never heard it so asserted. I thought it it might have prejudicially upon him. We know how manly he was asserted now by the Senator from Colorado. is, how courageous he is, and how eloquent he is; and having con Mr. TELLER. If the Senator had listened to the senior Senator victions and having conscientious purposes, he is always ready to from Massachusetts, not only during that debate but this, he stand for that which he does believe and never fails to espouse his might have heard .the same statement made, that sovereignty cause. could not be purchased. So far as Mr. Corwin is concerned, I do not wish to dwell upon Mr. FORAKER. I do not refer to it for the purpose of enter that; but while it is true that he did afterwards have honors of ing into any argument about it, but only to point to what I think the character mentioned imposed upon him, yet also it is true is conclusive, so far as concerns the position of the American that Mr. Corwin-and nobodymorethan Mr. Corwin himself rec people at least, with respect to such a proposition, and that is ognized it-was never after that utterance the same power polit that we acquired Louisiana by purchase, and other acquisitions of ically or otherwise in his State or outside of it that he had been the United States have been acquired by pm·chase. before. He was a lovable man, a man of great intellectual endow Mr. TELLER. A purcha-se of territory carries with it, of ments, a man of beautiful character. To know him was to love course, sovereignty, in my judgment. Now, whether we should him, and his neighbors took great pleasure in standing by him exercise sovereignty in a way to disregard the rights of the people when his State had ceased any longer to honor him as he had been it seems to me is the only question which is left. honored before. Mr. FORAKER. I am in entire accord with the Senator from But, Mr. President, that is foreign to what, as I announced a Colorado with respect to that proposition. moment ago, I rose to do. The Senator from South Carolina a Mr. MITCHELL. Will the Senator from Ohio yield to me? while ago took occasion, as he stated, to point out the difference Mr. FORAKER. Certainly. between Democratic expansion and Republican expansion, and Mr. MITCHELL. I would inquire of the Senator from Ohio if to do that he had placed in the RECORD an extract from the this is not the fact in regard to sovereignty. We deal with a treaty with France by which we acquired the Louisiana purchase, nation, and we purchase property belonging to the nation, and according to which it was provided-! am not undertaking to then sovereignty follows. quote literally-that the territory and the inhabitants should Mr. FORAKER. Undoubtedly. I was called from the Cham ultimately-" in due time," I believe, was the expression-be ad ber and did not hear all that occurred. I came in just as the mitted into the Union of our States. Then he read the proclama matter was being passed from, and I discover now that I was tion of Thomas Jefferson, the first great expansionist. under a misapprehension and a misunderstanding. I am glad I Mr. Tll..LMAN. The Senator will allow me to correct him. I called attention to it so as to be corrected. Undoubtedly we have had read Mr. Jefferson's message. the right to acquire territory by purchase. Mr. FORAKER. Well, Mr. Jefferson's message, was it? I Mr. TELLER. Certainly. thought it was his proclamation. I stand corrected. It was his Mr. FORAKER. And if we acquire territory, we have a right message to Congress announcing his purchase, and ann01.mcing to govern it; and if we govern it, we, of course, exercise sov what had been provided with respect to the people and with ereignty. respect to their government. Mr. MONEY. Mr. President- Then he read the proclamation, I believe, of Governor Clai The PRESIDENT pro tempore. Does the Senator from Ohio borne, the first governor appointed by Thomas Jefferson to go yield to the Senator from Mississippi? down to Louisiana and take possession and institute civil govern Mr. FORAKER. Certainly. ment there; and he dwelt upon the fact that the President in his Mr. MONEY. Mr. President, I did not speak at any time of message and this governor in his proclamation blazoned it forth any loss of liberty by the people of this country at this time. On that those people in the Louisiana purchase were t.o be taken into the contrary, I explained very carefully that it would be the result the Union as brethren of the American people and were to be at of a familiarizing process. beginning 9,000 miles away, but that once admitted to the enjoyment of all the privileges of our insti from the circumference the rot would reach the center. tutions. Now, my friend from Ohio, if I can call him such, and I know Now, Mr. President, that was the talk. That is what Jeffer· I can, says ·he believes that I stand very much alone, both here son said and what Claiborne said; but what did they do, and what and in the country, upon this subject. That may possibly be did the people say? I need not stand here to point out the char true, but the same Senator said the other day that after Thomas acter of government they instituted. By comparison the civil Corwin, of his own State, had resisted the Mexican war and pro governments instituted in the Philippine Islands are far more lib- nounced his sympathy with the people there, it was the last of -eral and generous than was the government instituted by Thomas Thomas Corwin. But as a matter of history, after all that was Jefferson and that Democl'atic Congress which acted with him done, he was twice elected to the House, ele.cted to the Senate, fol' the Louisiana purchase. and served in the Cabinet. Now, if I can meet as good a fate as Every Senator here is familiar with the fact that they did not that, I do not think I can grumble . permit the people of the Louisiana purchase to elect the governor . Mr. FORAKER. So far as Thomas Corwin is concerned, the or to elect any other official. The President appointed the gov Senator did not intend, of course, to misrepresent what I said ernor, and he did not consult anybody in the Louisiana purchase about him. as to who should be that governor. Mr. MONEY. No; of course not. Mr. TILLMAN. Mr. President- Mr. FORAKER. He would not do that. What I said about Mr. FORAKER. The people were not allowed to elect a ju Thomas Corwin wa-s· that after his attitude in regard to the Mex diciary or a legislature. They were appointed, and consisted ican war he was never again honored with an office by the people of the governor and an executive council selected by Thomas of Ohio. Jefferson, not from among them, but sent down there from here, Mr. MONEY. That seems to have been a mistake. for the purpose of instituting government, and representing all ltfr. FORAKER. No; it is not a mistake. What I referred to, the departments of government-the executive, the judicial, and as I explained afterwards when my attention wa-s called to it, was the legislative alike. that the people of the State as a whole had never called upon him Mr. TILLMAN. Mr. President- again to represent them as their Senator, but that he was selected, The PRESIDENT pro tempore. Does the Senator from Ohio however, by his fellow-citizens in his Congressional district to yield to the Senator from South Carolina? represent them twice in Congress, and he was selected by Mr. Mr. FORAKER. Yes, sir. Fillmore to be Secretary of the Tl.·easu.cy, and later he was ap Mr. TILLMAN. If the Senator had been present when I first pointed by Abraham Lincoln to be minister to Mexico. began the presentation of the documents, he w9uld have found Mr. MONEY. So it seems- . that I had the act establishing the Territory incorporated in tha XX.X.V-121 L___· --~------~------1922 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, RECORD, so that every one can see for himself just what its pro Mr-. FORAKER. In a moment. When later the Con~ess at visions are. He would have also learned that I had stated that another session passed the Spooner amendment authoriz!ng the instead of Mr. Jefferson taking any action before the ratification President, as was referred to a moment ago, to exercise civil and of the treaty, he did not move in the matter at all. Not only did military authority there and appoint persons and give them power he not move after the ratification, but he waited until Congress to exercise it, he then appointed a governor, and the governor on had authorized him to move, whereas in the Philippines our the 4th of July last was duly inaugurated. He is governor by President began to move within three or four days after the treaty appointment, just as Andrew Jackson's Governor Claiborne was had been signed, before it was ratified, and before Congress moved governor by appointment, and as every other governor of a Ter one step or authorized him to move a step. ritory has been governor by appointment and not by selection by Mr. FORAKER. The situations were different. At another the people. - time I shall point out why the President of the United States was Mr. MONEY. Will the Senator from Ohio allow me to mter justified in moving, if I may use that expression, as President rupt him? McKinley did move, when he issued his proclamation in Decem Mr. FORAKER. Certainly. ber, 1898. Mr. MONEY. The Senator says that the President appointed But for the moment let me deal with what was done in Louisi a governor just as Andrew Jackson appointed a governor in the ana, in order that I may answer the recm·d that has been com case of Louisiana. Does the Senator mean to say that the gov mented upon. It is true that the Senator put into the RECORD ernor's appointment was confirmed by the Senate, as was the case the statute that Congress enacted, but the Senator did not stop of Andrew Jackson's governor? to comment on that. The Senator did not point out that that Mr. TILLMAN. Andrew Jackson, I understand, did not ap statute provided that the President of the United States, and not point anybody governor of Louisiana. It was Jefferson. The the people of Louisiana, should exercise all power in the selection Senator from Ohio made an error, and the Senator from Missis of governmental agencies and officials. sippi simply repeats it. Mr. TILLMAN. Mr. President- Mr. MONEY. Excuse me; I meant to say Thomas Jefferson. The PRESIDENT pro tempore. Does the Senator from Ohio I have an excruciating neuralgia now and am hardly re ponsible. yield? I have been discussing this question and using the name of Thomas - Mr. FORAKER. Certainly. Jefferson all the time, and I let it slip here. Thomas Jefferson Mr. TILLMAN. Does not the President appoint every gov appointed a governor, and he was confinned by the Senate, as ernor of a Territory now, and has he not appointed the governor were the other officers confirmed, which was not so in the Philip of every Territory ever created by law, and has he not appointed pines. Not only that, but the President put down the insurrec every judge? tion by order-that is, he commanded the commanding general Mr. FORAKER. Certainly; and he always has done so with to put down insurrection with the anny in the island of Luzon out criticism until he was authorized to appoint a governor for before the treaty was ever ratified that gave him any authority the Philippines. whatever. We were living in a state of profound peace- Mr. TILLMAN. The trouble about it is that we have not ap Mr. FOR... UER. Mr. President, I did not yield to the Senator pointed any governor for the Philippines. from Mississippi to make another speech. 1.1-r. FORAKER. The President has appointed a governor for Mr. MONEY. Excuse me. the Philippines. Mr. FORAKER. He had almost the entire afternoon and I- Mr. TILLMAN. Congrer-:; has not authorized it. Mr. MONEY. I beg pardon of the Senator. Mr. FORAKER. Well, Mr. President- Mr. FORAKER. I do not want to interrupt you, but simply Mr. TILLMAN. Congress has given the Filipinos no semblance to admonish you. of a government. Mr. MONEY. I stand admonished. Mr. FORAKER. That is a question of construction. The Mr. FORAKER. Mr. President, of course there is a distinc Congress has invested the President with power to exercise all tion such as the Senator points out, but that has no reference to civil and military power in the islands and to repose it in such the point I was making. The point I was making is that the persons as he may see fit to select and designate to exercise that people were not consulted in the one case any more than in the power. Pursuant to that authority, given him by Congress, he other, and it was not therefore an appointment without consent has appointed a governor, and it is the first appointment of a gov in the Philippine case any more than it was an appointment with ernor for a territorial possession of the United States that has out the consent of the people of the Louisiana purchase in the ever been criticised, so far as the act of power is concerned, since other case. the Government began. Now, I want to point out how the people regarded it. The Sen Mr. TILLMAN. Mr. President- ator from South Carolina [Mr. TII...LMAN] told us with all the zeal The PRESIDENT pro tempore. Does the Senator from Ohio and earnestness and eloquence for which he is so distinguished yield to the Senator from South Carolina2 that there was a wide difference between that transaction and this Mr. FORAKER. Yes; but- . in the regard that was shown to human liberty and individual 1\fr. TILLMAN. If I recall the date, the Spooner amendment rights; that they were welcomed as brethren; that we were glad to the Army a?propriation bill is less than a year old. All our to have them come in, and they were glad to come into this Union dealings with the Filipinos have been those of a conquering power and become a part of the American people. Now, let me see how with the strong ann of the Army and of the Navy slaughtering glad they were. and burning those people under the title which we acquired from Mr. TILLMAN. Mr. President-- Spain. We never as a Congress gave the President one scintilla The PRESIDENT pro tempore. Does the Senator from Ohio of authority. He exercised everything he has ever done in that yield to the Senator from South Carolina? direction by reason of his being the Executive and taking it for Mr. FORAKER. I yield. granted that after we had purchased the archipelago, or after we Mr. TILLMAN. The Senator puts some words in my mouth had ratified the treaty of purchase, he had the right and was ex which I did not utter. pected to put down insunection. Mr. FORAKER. I was giving the effect of what the Senator Mr. FORAKER. By the treaty we acquired the title to the said. Philippine Islands. Congress adjourned after having ratified Mr. TILLMAN. . I did not say they were glad about it but I that treaty, and after we had taken possession and taken title do say I be~eve if.they had been bought like the Filipino~ were, without legislating. That left the President of the United States and that article third of the treaty had been left out guaranteeing in charge of that territory, as he was in charge of every other them citizenship and the rights that other Americans have we territory belonging ro the United States. would have met more rifles down there than we have met in Mr. TILLMAN. As Commander in Chief of the Army? Manila. Mr. FORAKER. The President is Commander in Chief of the Mr. FORAKER. Mr. President, it is easy for the Senator to Army and Navy, and as such it was his duty to suppress insur ~y the Filipinos were bought, but the Filipinos were not bought rection in the Philippines as it would have been his duty to sup m any other sense than we bought the people of Louisiana. We press insurrection in Alaska, in Hawaii, in Porto Rico, or in any paid $15,000,000 for the 30,000 people of Louisiana, if you want to State or Tenitory of this Union. The President would have put it that way, just as much as we paid $20,000,000 for the been derelict in the discharge of his duty if he had not employed 10,000,000 people in the Philippines. But, Mr. President it is the Army and Navy to suppress the insurrection that broke out not right to put it in that way. The Senator does not wish to in the Philippines after we took title and possession of those have anybody understand that he !>eriously means that we un islands. It then became his duty to assert our authority and to dertook to buy any people m the one case or in the other. We uphold our authority and enforce our authority in the Philip paid $20 000,000 on accDlmtof the Philippine transaction in a way pine Archipelago. and in th~t behalf he discharged his duty. the Senator is familiar with, and $15,000.000 on account of the ~Ir. TILLMAN. llr. President- other transaction. Neither payment had any reference 'to tho ! The PRESIDENT pro tempore. Does the Senator from Ohio individuals themselves as being purchased, or in the sense that a. yield? price was being put upon them of any kind whatsoever, 1902. C(JNGRESSIONAL REOORD- SENA.TK )923 Mr. RAWLINS. Will the Senator from Ohio permit me? name, "that"',9'ou-would recel~e u:s as brothers and .ha.sten to extend to us a Mr. FORAKER. Yes; I want to put this in the RECORD, participation in those invaluable rights which had formed the basis of your though, pretty soon, and then I will be through. unex:ampled]Jl'osparity." Mr. RAWLINS. Then I will not interrupt the Senator. They are alluding there that what Governor Claiborne '('aid in Mr. FORAKER. Go ahead. the proclamation the Senator commented on as showing the spirit Mr. RAWLINS. I wish to ask the Senator if it is not true that of DemocTacy. in the case of the Louisiana Purchase the inhabitants were given Ignorant as we have been represented of our natural rights, shall we be the option of retaining their former alle. which would ~nd its performance until some period fixed by the princi the trouble to translate, is frequently decisive and produces the most impor ples of the Constitution, and to have read the article thus: "The inhabitants tant effects. That free communication so necessary to give the magistrate a shall be incorporated into the Union and admitted to the enjoyment of all knowledge of the people and to inspire them with Confidence in his adznin.is.. the rights, etc., as soon as the principles of the Federal Constitution will per tration is by this means totally cut off, and the introduction of viva voce mit." We, on the contrary, contend that the words "according to the prin pleadin~ into the courts of justice subjects the party who can neither under ciples of the Fede~l Constitution," as they are placed in the sentence, form stand his counsel, his judge, nor the advocate of his opponent to embarrass no limitation, that they were intended as a. description of the kind of rights ments the most perplexing·and often to injuries the most serious. we were to enjoy or at most relate to the mode in which they were to be con We have thus stated the great sources of discontent which have arisen ferred, and that the article contemplates no other delay to our reception than from the measures your honorable body has been pleased to pursue. Did we will be required to pass the necessary laws and ascertain the representation suppose them the effect of a settled design to oppress, of a determina to which we are entitled. tion to disregard our natural and stipulated rights, we are persuaded we The inhabitants of the ceded territory are to be "incorporated into the should do as much in~ustice to your views as the stron~est expressions would Union of the United States." These words can in no sense be satisfied by the do to our feelings of mdignation and grief; but we will not insult you by a act in question. A Territory governed in the manner it directs may be a suspicion so injurious to your motives; the want of true information With province of the United StatesJ but can by no construction be said to be incor respect to us, oplla.ions founded on a superficial acquaintance with our coun porated into the Union. To oe incorporated into the Union must mean to try, and prejudiced relations with our habits and manners, on reports the form a part of it; but to every component part of the United States the Consti most unfounde.f, even as to our language, these alone have given nse to the tution has guaranteed a republican form of Government, and this, as we have measures of which we complain, and when these impressions shall have been already shown, has no one principle of republicanism in its composition. It is effaced we have the fullest confidence that their effects will cease and the therefore not a compliance with the letter of the treaty, and is totally incon language of remonstrance will be changed to that of congratulation and sistent with its spirit, which certainly intends some stipulations in our favor. thanks. For if Congress may govern us as they please, what necessity was there Deeply impressed, therefore, witb,.a persuasion that our rights need only for this clause, or how are we benefited by its introduction? If any doubt, be stated to be recognized and allowed, that the highest glory of a free na however, coula J?Ossibly arise on the first II!-ember C!f the sente~ce, it . m~t tion is a communication of the blessings of freedom, and that its best reputa vanish by a consideration of the second, which proVIdes for their admission tion is derived from a sacred regard to treaties\ we pray you, Repre3entatives to the nghts, privileges, and immunities of citizens of the United States. of the people, to consult your own fame and our happiness by a prompt at But this Government, as we have sho~ is totally incompatible with those tention to our prayer; we invoke the principles of your revolution, the sacred, rights. Without any vote in the election of our legislature without any self-evident, and eternal truths on which your governments are founded; check upon our executive, without any one incident of self-government, we invoke the solemn stipulations of treaty; we invoke our own professions what valuable "privilege" of citizenship is allowed usJ what "right" do and the glorious example of your fathers, and we adjure you to listen to the we enjoy, of what "immunity" can we boast, except, inaeed, the degrading one and to follow the other by abandoning a plan so contradictory to every exemption from the cares of fegislation and the burden of public affairs? thing you have said and they have taught, so fatal to our happiness and the Will it be said that though our right be admitted yet Congress are to reputation of your country. determine the period when it shall be conferred? This, we apprehend, To a generous and free people we ought not to urge any motive of interest, would not only be conti·ary to the words of the treaty, but would be a sole when those of honor and duty are so apparent; but be assured that it is the cism in itself. The words "according to the princi'{lles of the Federal Con interest of the United States to cultivate a spirit of conciliation with the in stitution, to the enjoyment of the rights," etc., certainly mean to such rights habitants of the territory they have acquired. Annexed to your country by as are secured by the principles of the Constitution, or that we are to be ad the course of political events, it dependS UJ.>On you to determine whether we mitted to their enjoyment in such manner as the same principles direct; shall :pay the cold homage of reluctant subJects, or render the free allegiance and at any rate, the words "as soon as possible," can never be construed so of citizens, attached to your fortunes by choice, bound to you by gratitude as to give a right of deferring it indefu:iitely. If it may be procrastinated for the best of blessings, contributing cheerfully to your advancement, to for twol.ears, we see no reason why it may not be deferred for twenty, or a those high destinies to which honor, liberty, and justice will conduct you, hundre , or totally omitted. That our verbal construction is the true one and defending, as we solemnly pledge ourselves to do at the risk of fortune will be evident from pursuing the other exposition to its consequences. If and life our common Constitution, country, and laws. the treaty means to say that we shall be admitted as soon as the principles We therefore respectfully pray that so much of the law above mentioned of the Constitution will permit, we must look into that instrument to discover as provides for the temporary government of this country, as divides it into what restrictions oppose its immediate performance. two Territories, and prohibits the importation of slaves be repealed. We should naturally expect if this reasoning be trne, to find some period And that prompt and efficacious measures may be taken to mcorporate the limited before which we cocl.d not become members of the Union, some inhabitants of Louisiana into the Union of the United States and admit them requisites of population or other circu.mst&nce to be previously attained or to all the rights, privileges, and immunities of the citizens thereof. performed; but, on the contrary, the power of admitting new States is vested And your petitioners, as in duty bound, will ever pray for the happiness m Congress, without any restriction whateYer that can be applicable to the and prosperity of the United States. ' present case. There is\.th~refore, nothing that can satisf_y these words, if COnformable to the original deposited in the House of Representatives. they are co;nstrued as a limitation; nothing but the will of Congress is refer P. SAUVE. red to in the Constitution. This construction, then, would prove that the L. DERBIGNY. United States had stipulated to admit us into the Union as soon as they should DESTREHAN. think proper. But a treaty intplies a compact, and what compact can arise from a stipulation to perform or not perform, as the party shall deem ex [NoTE.-8ee report on this memorial, No. 187.] pedient? This would be such a soleciSm in argument, such a confusion of The following remonstl-ance was communicated to the House of Repre terms as must make us doubt the propriety of any construction that leads to sentatiyes January(, 1800: them, and we feel ourselves justified m a persuasion that the treaty intended to incorporate us into the Union as soon as the laws necessary for that pur To the honorable the Senate and the honorable the House of Represent-atives of pose could be passed. the United States in Congress assembled: The remon.strance and petition of We know not with what view the territory north of the t~;b;~hird de-· the representatives, elected 'by the freemen of their 1·espectivtl districts in the gree has been severed from us and carried with it the distin · · g name District of Louisiana, humbly show: which belonged to us and to which we are attached. The convenience of the That your petitioners, as well as those whom they represent, were filled inhabitants we humbly apprehend would have been better consulted by pre with the most liyely pleasure at the first rumor of the cession of Louisiana. serving the connection of the whole province until a greater degree of popu to the United States. When it no longer became us to doubt of the event, lation made a division necessary. If this division should operate so as to pro and when we were informed that Con~ess were making laws to organize long our state of political tutelage, on account of any SU'{lposed deficiency of the newly-acquired territory, we expenenced emotions of gratitude, and an numbers, we can not but consider it as injurious to our nghts, and therefore ticipated for ourselves and our posterity all the blessings which result to the enumerate it among those points of which we have reason to complain. people of the United States from the wisdom and magnanimity of an en If there is force in our reclamations on the great question of fundamental lightened and free government. rights, if we are entitled to legislate for ourselves as a member of the Union While we were indulging in these fond expectations, unmixed with dis and to establish the forms on which that legislation shall be conducted by trust or fear, the act of the lls$t session of your honorable Houses, entitled framing a constitution suited to our own exigencies, then no further obser "An act erecting Louisiana into two Territories and providing for the tem vations need be made on other parts of the law. for the right of local legisla porary government thereof," came to our knowledge, and snatched from our tion implies that of making the alterations we might deem expedient; then eager g!'asp the anticipated good. The dictates of a foreign government, our judiciary would become independent, the executive power would be an incalculable accession of savage hordes to be vomited on our borders, an properly circumscribed. and the legislative ~ded against encroachment. entire privation of some of the dearest rights enjoyed by freemen! These There is one subject, however, extremely mteresting to us, in which great are the leading features of that :political system which you have devised for care has been taken to J>revent any interference even by the lfOVernor and us; for those very men whom m a solemn treaty you had stipulated to call council selected by the President himself. The African trade 1B absolutely and treat as fellow-citizens·i yet the American colors are hoisted in our gal' prohibited, and severe penalties imposed on a traffic free to all the Atlantic risons, this far-famed signa of liberty to all, to us alone exhibits a gloomy States who choose to engage in it, and as far as relates to procuring the sub appearance, and makes us more sens1ole of the immeasurable interval be jects of it from other States, permitted even in the territory of the Missis tween us and political happiness. May we not be long doomed, like the sippi. prisoners of Venice, to read the word liberty on the walls of prisons. We It is not our intention to enter into arguments that have become familiar trust to your wisdom and goodness; you are the guardians of our constitu to every reasoner on this question. We only ask the right of deciding it for tional ri~hts, and we repose our hopes in you as in the sanctuary of honor. ourselves, and of bein~ placed in this respect on an equal footing with other The nght of the people peaceably to assemble and petition the Govern States. To the necessJ.ty of employing African laborers which arises from ment for a redress of wievances is declared and warranted by the first climate and the species of cultivation pursued in warm :latitudes, is added a amendment to the Constitution. To this Constitution weappeal. We learned reason in this country peculiar to itself. The banks raised to restrain the from you to resist by lawful means every attempt to encroach on our rights waters of the Mississippi calil only be kept in repair by those whose natural and liberties; the day we became Americans we were told that we were asso constitution and habits of labor enable them to resist the combined effects of ciated to a free people. We can not suppose that the language of men jeal a deleterious moisture and a degree of heat intolerable to whites. This labor ous of their freedom can possibly be unwelcome to your ears. is great, it requires many hands, and it is all-important to the very existence By the third article of the treaty between the United States and the of our country. French Republic it is agreed "that the inhabitants of the ceded territory If, therefore, this traffic is justifiable anywhere, it is surely in this prov shall be incorporated in the Union of the United States and admitted as soon ince, where, unless it is permitted, cultivation must cease, the rmprovements as ,POSSible, according to the principles of the Federal Constitution, to the of a century be destroyed, and the ~t river resume its empire over our enJoyment of all the rights, advantages, and immunities of citizens of the ruined fields and demolished habitations. United States, and in the meantime they shall be maintained and protected Another subject, not indeed growing out of thislaw, but of great moment in the free enJoyment of their liberty, property, and the religion they pro to us, is the sudden change of language in all the public offices and adminis fess." tration of justice. The great mass of the inhabitants speak nothing but the Your petitioners beg leave to represent to your honorable Houses that ac French; the late Government was always careful, in their selection of offi cording to the principles contained in the third article of the treaty above cers, to find mfln who possessed our language, and with whom we could per quoted they conceive that had not Congress thought proper to divide Lou sonally co=unicate; their correspondence with the interior J?&rtB of the isiana into two Territories they should now be entitled by their population province was also carried on chiefly in our own language; their JUdicial ~ro to be incorporated in the Union as an independent State. ceedings were indeed in Spanish, but being carried on altogether by writing, In the ordinance for the government of the territory of the United States translations were easily made; at present, for the slightest communication, northwest of the river Ohio, article the fifth, it is ordained "that whenever an interpreter must be _procured; in more important concerns our interest any of the States t.o be formed out of the Northwestern Territ.ory shall have suffers from not being fully explained; a phrase, a circumstance seemingly 60,001 free inhabitants therein such State shall be admitted by its delegates of little moment, and which a person uninter ested in the affair will not take into the Congress of the United States on an equal footing with the original 1926 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, States in all respects whatsoever, and slinll be at liberty to form a. perma erected by the very same act. Those laws make it necessary for the gov nent constitution and State government: Provided, The constitution and ernor, who is liable to be called upon for the discharge of his official duties government so to be formed shall be republican, and in conformity with the by every citizen of the Territory, to reside in said Territory. The law with principles contained in these article ; and so far as it can be considered con respect to three of those Territories does not stop there. Congress were sistent with the general interest of the confederacy such admission shall be fully sensible that the inhabitants of those Territories would place more con allowed at an earlier period, and when there may be a. less number of free fidence in men who, like the inhabitants themselves, should have a direct inhabitants in the State than 60 {XX)." interest in the welfare (Jf the country by their own possessions in it; and to the Your petitioners are informed moreover that at the time of the admis indispensable condition of residence in the Terl-itory they made it necessary sion of the State of Ohio in the trnion, said State, conformable to the last for the ~overnor, while in the exercise of his offi.ee, to have a. freehold estate clause of the fifth article of the ordirumcea.bove quoted did not contain more therein m l,{XX) acres of land. than from thirty-three to forty thousand f1·ee inhabitants;1 which propor The extension of the executive power given to the governor of the Missis tion, if adhered to in our case, as it seems to us it hould have been, the sippi Territory over the district of Orleans can hardly be adduced as a prec United States having bound themselves by the third article of the treaty edent; for ever since the extension of his jurisdiction the governor of the above quoted to admit us as soon as possible into the Union, would ha>e Mississippi Territory has habitually resided in the ·district of Orleans, of given us a. right to be immediately incorporated in the Union of the United which he was governor in fact, while the administration of the government States. of the Mississippi Territory was left in the hands of a secretary. But admit We find neither in the Constitution of the United States, nor in the treaty tin~ for argument's sake, that it might be construed into a precedent, your with the French Republic~.any provisions by which Congress may have been petitioners beg leave to observe to your honorable Houses that the circum authorized to make such aivision. stances of the two Terl-itories can not be compared. There are hardly 240 We find in the treaty nothing but the ;plain and unequivocal obligation in miles from Natchez to Orleans. An easy and speedy communication can be Congress to incorporate the ceded terntory into the Union of the United had at all times between the two places, both by lana and by water. States., and admit it as soon as possible, accordin~ to the principles of the The laws of both Territories may be very similar in many important re Federal Constitution, to the enjoyraent of all the rights, advantages, and im spects, by which the :{)roperty of the inhabitants may be affected. Slavery munities of citizens of the United Stat-es; but if Congress had a right to di prevails m both Terntories. On the contrary, the point of Louisiana near vide Louisiana into two Territories last year, they may claim next year the est to the place where the governor of the Indiana Territory makes his habit right to divide it into four, into eight Territories. Whenever the population ual residence is not less than 165 mile distant, and there is not a house to be of one of those Territories shall amount to very near the population required met with on the road. Impassable at many seasons of the year, owing to the by the Constitution of the United States to entitle that Territory to be ad number of creeks and rivers which sometime~ overflow their banks~.some mitted in the Union as an independent State, Congress may a~ claim the times are entirely covered with ice, so that we may conclude that, aid not right to subdivide said Territory. Your petitioners, if the prmciple should justice and sound policy prohibit the alliance in contemplation, nature itself be granted see no end to the oppression likely to result from such a prece loudly proclaims its impracticability. Your honorable Houses may judge at dent; and ill-fated Louisiana is condemned to drag along for ages the fetters what an immense distance some parts of Louisiana must be from the gover~ of an endless Territorial infancy, never (to use the expression of one-of the nor, to whom an appeal lies in many cases affecting the property and even most strenuous advocates of American mdependence) to be hardened into the life of individuals. the bone of manhood. What would it be if, arriving at Vincennes in those circumstances, an in Under ordinary circumstances your petitioners would have been disposed habitant of Louisiana was told of his excellency's being at Detroit, llX> miles to sacrifice some of those rights secured to them by a. solenm treaty to the farther? Besides, the laws of both Territories must be very dissimilar in a convenience of the United States, but the provisory l.a ws enacted by Congress number of respects. Slavery can not exist in the Indiana Territory, and for the district of Louisiana seem to us to be characterized by such an un slavery prevails in Louisiana; and here your petitioners must beg leave to usual spirit of severity as to oblige yourt:iW~nens (if those laws should be observe to your honorable Houses that they conceive their property of every enforced) to pray for the unconditional ent of those express engage description has been warranted to them by the treaty between the United ments contained in the treaty of cession and for those other benefits to which States and the French Republic. Your petitioners are informed that a law they are entitled as freemen of the United States. respecting slavery has been passed by Congress for the district of Orleans, But had not your petitioners the unconditional provisions of a treaty to similar in many respects to the one formerly made for the Mississippi Terri rest their rights u::pon, still they might have expected a government founded tory. Is not the silence of Congress with respect to slavery in this district of on more liberal prmciples from the representatives of a free p-eople, who, on Louisiana., and the placing of this district under the governor of a Territory a IP.:eat occasion, bad previously declared to the world these truths to be self where slavery is proscribed, calculated to alarm the people with res~ to eVIdent: "That all men are endowed b¥. their Creator with certain inalien that kind of property, and to create the presumption of a disposition m Con able rights; that among these are lifa, liberty, and the pursuit of happiness. gress to abolish at a future day slavery altogethei· in the district of Louisiana? That to secure these rights governments are instituted among men, deriving The same wise precaution which induced Congress to make the residence their just powers from the consent of the governed. That whenever any of the ~overnor and the holding of ;J;>ropertyin the Territory where he exer form of government becomes destructive of these ends it is the right of tho cises his office necessary extends likewise, in the three Territories erected people to alter or abolish it and to institute a new government, laying its :previously to the erection of the district of Louisiana, to the secretary and foundations on such principles and organizing its powers in such form as Judges of the said Territories. In the same third section of the ordinance for to them shall seem most likely to effect their safety and happiness." the government of the territory of the United States northwest of the river Little as we are acquainted with the United States, we know by heart your Ohio we find "there shall be appoin~ from time to time, by Congre s, a Declaration of Independence; we recollect the noble deeds of the heroes who secretary, whose commission shall continue :fn force for four years unless bled in r,our glorious Revolution; we are no strangers to the Constitution of sooner revoked; he shall reside in the district, and have a freehold estate the Uruted States, and the bills of rights, and constitutions of the several therein in 500 acres of land, while in the exercise of his office," etc. States in the Union; and it was upon those highlyres::pectable and absolutely And again, in the same third section, "there shall also be appointed a binding authorities that we had anticipated the blessmgs of freedom. court, to consist of three judges, any two of whom to form a court, who shall In order to enforce their pretensions, your petitioners are sensible that it have a common-law jurisdiction, and reside in the district, and have each becomes incumbent on them to submit to your honorable Houses a compara therein a freehold estate in 500 acres of land, while in the exercise of their tive view of the constitutions enacted by Congress at different times for the office.' different Territories which were erected previously to the erection of the These provisions extend likewise to the MississiRF~Jerritory, as may be district of Louisiana. From that statement, extracted from your own rec seen by _a reference to an act authorizing the estab · ent of a government ords your honorable Houses can not help being convinced that the act respect in the Mississippi Territory; and to the Indiana Territory, as may be seen by ing the district of Louisiana. alone, instead of the open, disinterested coun a reference to an act of Congress to divide the territory of the United States tenance of a fond, adoptive mother exhibited to our sister Territorieshbears northwest of the Ohio into two separate governments. the stern, distrustful look of a severe, imperious master; and if your onor Your petitioners can not consider it as necessary to add any other reasons able Houses will be so good as to follow your petitioners through this inter to those given already, and which appear to them ~ounded upon justice, in esting rev:iew you will be fully satisfied ~t ~e humble.remonstrances of order to determine your honorable Houses immediately to repeal that part your petitioners rest on the rock of American liberty and mdependence. of the act providing for the government of the district of Louisiana which Although your petitioners lament that the principle should now appear :{)laces this distl.ict under the administration of the governor1 secretary, and .consecrated bY. practice, that governors and judges should, contrary to every JUdges of the Indiana Territory. To say more on the subjecli mi~ht appear principle of liberty and to the principles of the Constitution of the United to doubt your disposition to do justice to the request of your petitioners, and States, which took care to separate them, unite in their hands the three to your justice alone they are determined to appeal. powers, legislative, executive, and judicial, yet your petitioners would have How far the extraordinary measures, contemplated by the fourteenth submitted in silence to whatever had been adopted by Congress and sub section of the bill erecting Lonisiana into two Territories, may, in the opin mitted to by the people. But arbitrary measures without a precedent call ion of Congress, have been rendered necessary by circumstances, it does not loudly for the most energetic remonstrances to your honorable Houses. belong to your petitioners to determine. Were those measures only severe By the twelfth section of the a<:t erecting Louisiana into two Territories, we should oppose to th ~~m only the articles of compact between the originai and providing for the temporary government thereof, "the executive power, States and the people of the Northwestern Territory. Article 2 of said now vested in the governor of the Indiana Territory, is to extend to and be compact expressly declares: "That in the just preservation of rights and exercised in Louisiana." Your petitioners beg leave to state that they have property, it is understood and declared1 that no law ought ever to be made, read, with the utmost attention, the laws ~na~ted at differ~nt times for the or have force in the said Ten·itory, tbali shall, in any manner whatever, in provisory government of the several Territones of the Umon; and that, far terfere with or affect private contracts or engagements, bona fide and with· from observing in those laws anything like trusting the governor of a neigh out fraud, previously formed." boring State or Territory with the government of a newly erected Territory, In the foUrth article of the same compact it is provided "That nonresident they find, on the contrary, that Congress paid the most scrupulous respect proprietors shall in no case be taxed higher than residents." to the interest and feelings of the inhabitants by the wisest precautions, in Here Congress not only acknowledge that they have no right to make a p.ot only obligin~ the governor to reside in the Territory which he governs, law interfering with or affecti.ng private contracts or engagements, bona t>ut also in obligmg him to hold a freehold estate in the same Territory. In fide and without fraud, previous1y formed, but so tender are they of the the ordinance for the government of the Territorr; of the United States right of property that they even go so far as .to provide that nonresident northwest of the River Ohio, we find this provision: 'Be it ordained by the proprietors shall in no case be taxed higher than residents. authority aforesaid~, that there shall be appointed from time to time by Con How different is the condition of the Louisianians. Congress, in the four gress a governor w .nose commission shall continue in force for the term of teenth seetion of the act erecting Louisiana into two Territories, seems to three yec'trs, unless sooner revoked by Congress; he shall reside in the dis acknowledge the validity of some incipient titles to land, for what else can trict, and have a freehold estate therein in 1,~ acres of land, while in the mean these words? • Or to make null and void anr bona fide act or proceed exercise of his office." ings to obtain a grant for lands done by an aetna settler, agreeably to the In the act authorizing the establishment of a government in the Mississippi laws, usages, and custoins of the Spanish Government.'' Act or proceedings Territory we find, "and the President of the United States is hereby author can not certainly mean anything else than the incipient titles of which we ized to establish therein a government in all respects similar to that now ex are speaking. ercised in the Territory northwe~ of the river Ohio." And in the act to Now, S\lPJ>Ose such act or proceeding, agreeably to the laws, usages, and divide the Territory of the United States northwest of the river Ohio, we customs of Spain, to have actually taken place, three years were granted by ftnd: "SEC. 2. And be it further enacted~,That there shall be established within the Spanish Government after having obtained a full or incipient ~rant for the said Territory a government in au respects sim.ilar to that provided by making a settlement thereon. There may be and there are American emi the ordinance of Congress, passed on the 13th day of July, 1787, for the gov grant who some time ~r~viously fc? the 20th day of December, 1!3Q3 may ernment of the Territory of the United States northwest of the river Ohio." have bought from the ortgmal proprietor or rather holder of that mc1pient1 In the act erecting Louisiana into two Ten-itories, the executive power in title his right to said lands. There may be and there are some who have the distr:::t of Orleans is vested in a governor, who shall reside in the Terri obtained those incipient title in their own name and who, ignorant as they tory, etc. must have been of a law not enacted at the time and taking it for granted Here, then, are the laws of the three Territories erected previouslf to the that Congress would allow the same spt~.ce of time which was allowed by the erection of the district of Louisiana, and the laws of the diS1riet of Orleans Spanisl;t Government !or making a settJ.einQD.t upon lands o bt.ailied from the 1902 . CONGRESSIONAL RECORD-SENATE. 1927. .Spanish Government, may have returned to the eastern part of the United since :your petitioners receiYed the news that within 40 miles of this pl.a.ce States in order to prepare everythin~ necessaTy for therr removal and with the Indians1la.d want<>nly assassinated three men. an intention of coming back to Lomsiana in the following spring to settle A week before we heard of another set, on the river St. Francis, who com upon those lands which they l;lad l>ought bona fide and without fraud. mitted against one of our seattered settlers every sort of depredation; killing But perhaps Congress-who in the oegiuning of the fourteenth section had his cattle of every description, destroying all his property of eveTy kin I the governors; a nation who complained so loudly of their right of represen Mr. CARMACK. Mr. President--- tation, a. right inestimable to them and formidable to tyrants only, bemg vio lated; a nation who presented it to the world as one of their reasons of sepa The PRESIDENT pro tempore. Does the Senator from Ohio ration from England that the King of England had endeavored to prevent yield to the Senator from Tennessee? the population of their States; a. nation who waged war against her mother country for imposing taxes on them without their consent; a nation who Mr. FORAKER. Yes. styles the Indians "the mercile Indian savages, whose known rule of war Mr. CARMACK. I want to suggest to the Senator from Ohio fare is an undistinguished destruction of all ages, sexes, and conditions," will that at some very early time-! have forgotten the exact year-1 not be deaf to their just complaints, and by redressing their grievances will deserve forever the most unbounded affection of the inhabitants of this dis think an act was passed providing that when it should have ar trict of Louisiana. rived at a certain population it should be admitted to atatehood in Elated with these hopes, your petitioners conceive that they can not end the Union. their present remonstrance and petition in a more suitable manner than by renewing to you the oath they had administered to them on the first day of Mr. MONEY. That was in March, 1804:. their meeting together in general assembly, by the first civil commandant of 11-Ir. FORAKER. That was true as to Louisiana. this district of Louisiana.. Mr. CARMACK. One suggestion that I want to make to the .And we all swear "to be faithful to the United States, to maintain with all our power the Constitution of the United States, and to obey the laws made s~nat?r from Ohio is that those people were not objecting to an and to be made by Congress for the district of Louisiana." nexation to the United States, but they were objecting to the Signed at St. Louis the 29th day of September, A. D. 18().1, and of the particular form of law and the particular form of government American indeJl6ndence the twenty-ninth. Richard Jones Waters, Eligius Fromentin, Deputies of New Mad and they were appehensive, because of its acts, that they would rid; Christopher Hays, .Andrew Ramsey, Deputies of Cape not secure the rights which had been guaranteed to them in the Girardeau; J. S. J. Beauvais, P. D. Etchemendy, Deputies of treaty. I do not know how many of the people were engaged Ste. Genevieve; Charles Gratiot, P. Provenchere\ Augustus Chouteau, Richard Caulk, David Musick, FranclS Cottard, in that protest, but the protest was very early answered, and Deputies of St. Louis and its dependencies; Warren Cottle, A. they were satisfied that the United States Government intended Reyna!, F. Saucier, Timothy Kibby, Deputies of St.. Charles to give them all the rights that were guaranteed. and its dependencies. If the Senator will allow me just one moment further, I will Mr. TILLMAN. Will the Senator from Ohio allow me a suggest to him that there is a very great difference in the two moment? cases. In the case of the people in the Louisiana Territory, they Mr. FORAKER. Certainly. had the guaranteed right of statehood, of citizenship, and of full Mr. TILLMAN. I would direct the Senator's attention to the constitutional protection. For the people in the Philippine Islands fact that that is a protest against Territorial government rather there is no guaranty whatever, and no indication of anything than anything eLse, and that those people, although there were except that they are to remain permanently as a colony and to ~ only 30,000 or 40,000 of them, occupying a very limited area at governed a-s subjects, without any constitutional rights whatever. the mouth of the Mississippi, were then clamoring for admission So I do not see that the two cases are exactly the same. to the Union upon terms of equality with other citizens, and ob Mr. FORAKER. Well, Mr. President, there are some differ jecting to carpet-bag government. ences, of course, but all the differences there are were in favor at Mr. FORAKER. Well, Mr. President, did they or not have the time of giving that people representation in the government cause to object; and if so, who offered them a cause but Thomas ~d partic~pation in the sel~tion ?f their officials; and yet, not Jefferson and the Democratic Congress? Withstanding they were an mtelligent people, notwithstanding Mr. TILLMAN. The principle involved in governing people t~ey were practically a part of our own people, although they had by outsiders was the cause, the love inherent in every human lived under the civil law and under other institutions and were soul. not familiar with ours, and although they were all that would Mr. FORAKER. Who applied the principle seem to commend them as fit and as worthy to be allowed to gov Mr. TILLMAN. The Government was the cause. ern themselv~s, yet Thomas Jefferson and the Democratic party Mr. FORAKER. Who applied the principle in this case but of that day did not see fit to give them that privilege, but with Thomas Jefferson? held it from them. It does not make any difference, Mr. Presi Mr. TILLMAN. But he only applied it until the State could dent, that s~bsequently they were incorporated into the Union. be brought in seven years later. You do not give these Filipinos We are talking about how they commenced, and how they were anything. Yon do not propose to announce your purpose. You dealt with at the beginning. We are only now beginning in the say they have no rights yon are bound to respect. You have set Philippines, and are so far but following precedent. up a carpetbag government over them. You are levying taxa Mr. CARMACK. Mr. President-- tion and spending it by your carpetbag governor, and I do not The PRESIDENT pro tempore. Does the Senator from Ohio blame the Filipinos for fighting. yield? Mr. FORAKER. No promise was given to the people of Loni Mr. FORAKER. Yes. siana in connection with this legislation that at the end of seven Jt;1r. CARMACK. I will say that they commenced by guaran years a different condition would be established for them. They teemg to those people full rights of American citizenship and in were not told when this governor was sent down to put this stat corporation into this Union. That is the way they began, and ute into operation that if they lived under him possibly for seven we have not begun in any such way in the Philippine Islands. years they would then be incorporated into the Union as a State. Mr. FORAKER. It is true that they were annexed with the Thomas Jefferson and that Democratic Congress did not pro guaranty that ultimately they would be admitted into the Union ceed in such a way, Mr. President. They acquired this territory; . and guaranteed all the privileges that belonged to American citi they recognized that the people inhabiting it, although an intelli zens, yet they entered a solemn protest against being governed gent and capable people, capable of self-government according to even for the time being, in that sort of way. It is not necessari their own views of self-government, were yet a people who were to debate about that. not acquainted with our institutions, and that for the time being Mr. TILLMAN. Mr. President--- the 30,000 or 40,000 people should be put under such a chamcter Mr. FORAKER. I hope the Senator will not detain me longer. of government as this statute has defined. The point I make in I mention this simply to show that to establish a government in this- . territory acq~ed in the way in which the Philippine territory Mr. TILLMAN. Mr. President-- has been acqmred, without stopping to hold an election without The PRESIDENT pro tempore. Does the Senator from Ohio stopping to consult the inhabitants there as to who shall be their yield to the Senator from South Carolina? governor or what shall be their form of government, is not an Mr. FORAKER. In a minute I will yield. unheard-of thing in the history of this Government; that it is but The point I make is that they did not stop to consult them; but following the precedent which the Senator from South Carolina this Government, which was responsible for the government himself cited as a fit and worthy precedent to be followed. We there, responsible for the protection of life, for the protection of are not denying anybody any liberty. We are but following in property, for law and order, said we here would judge what kind that regard in Democratic footsteps-not modern Democratic of institutions they should have to start with; and we gave them footsteps, but old Democratic footsteps. There is a great deal of these institutions. They raised a protest against it. They said difference between them. it was tyranny; but Jefferson persisted in his way. Mr. MONEY. I should like to ask the Senator before he takes What I point out to the Senator from South Carolina is, that his seat what was the date of that protest? that was precisely the same principle as that which is being ap Mr. FORAKER. It is dated December 31, 1804. plied to the Philippines. We are responsible for government Mr. TILLM-.<\N. In what document is it found? there; we are responsible for law and order there; we are responsi . Mr. FOR.A:KER. !read from Senate DocumentNo.147,Fifty ble for life and for the protection of property there; and we, being sixth Congress, first session, which is a compilation of various so responsible, are undertaking to restore law and order, to es Territorial organic laws. The particular document to which I tablish a government that will answer the purposes that are to be first called attention is entitled: "Appendix. Extracts from Amer subserved. Those purposes are the protection of life and prop ican State papers, volume 1. No. 183. Remonstrance of the peo erty, the promotion of liberty, civilization, education, and every ple of Louisiana against the political system adopted by Congresa thing eLse that will ennoble that people. for them." 1902. CONGRESSIONAL RECORD-SENATE.· 1929 The other immediately follows it in this work, and it is fonnd The citizens of Louisiana for a time were exceedingly dissatis at page 242, under the following heading: fied with the assurances which had been made and treated them [NOTE.-8ee report on this memorial, No. 187.] with profound contempt and disbelief. Yon will all recollect, for you have no doubt read it, that charming novel of Cable's [The following remonstrance was communicated to the House of Representa tives, January 4, 1805.] called The Grandissimes, in which the little Louisiana Creole !I'o th.e honorable the Senate and the honorable thAJ House of Representatives of was continually referring to his picture, which he called the the United States in Congress assem.bled: The remonstrance and petition of picture of Louisiana refusing to enter the Union. Cable was the representatives elected by the freemen of their respective districts in the characterizing a certain class of people at that time in giving the District of Louisiana humbly show. story of those old Creole days. Mr. MONEY. Mr. President, it is quite late, and I am not dis Mr. MASON. I ask the indulgence of the Senate for just one po5ed to take any more time of the Senate, particularly as my moment for the consideration of the bill (S. 3518) granting a pen· friend from Ohio has admonished me that I have already spoken sian to Nodine A. Turchin, which is an emergency case. I ask too much. tmanimous consent that it be taken up and passed at this time. Mr. FORAKER. I beg the Senator's pardon. I did not ad It has been favorably reported by the Committee on Pensions. monish the Senator, if he will allow me to correct him, that he Mr. PATTERSON. Will the Senator from Illinois permit me had spoken too much. What I said was tbat I wanted to admonish a moment? him not to take too much of my time. The PRESIDENT pro tempore. Does the Senator from Dlinois Mr. MONEY. Ahl yield to the Senator from Colorado? Mr. FORAKER. And I appealed to him not to do so, in view Mr. MASON. Yes, sir. of the fact that he had himself a pretty liberal chance at the floor Mr. PATTERSON. Mr. President, I desire to discuss some this afternoon. what the treason and sedition laws which have been referred to ,. Mr. MONEY. I do not think I have spoken an hour altogether; during the progress of this discussion, and incidentally therewith but it does not make any difference. some of the testimony that up to this time has been adduced be· Mr. TELLER. Mr. President, we do not know what is going fore the Committee on the Philippines. It is too late now to enter on here. We can not hear anything in this part of the Chamber upon that discussion. that is being said. Mr. TELLER. I ask that my colleague [Mr. PATTERSON] m:ay Mr. MONEY. I only want to say a few words about the his have the floor for to-morrow morning, and that the Senator from tory of the early possession and occupancy of the Louisiana ter Illinois [Mr. MAsoN] may now be permitted to go on with his ritory by the United States. bill. Mter the purchase yon will recollect that as to the territory Mr. BATE. I have already bespoken the floor for to-morrow. which had been sold or had passed by treaty from Spain to Lou I have given notice to that effect. isiana, Spain having occupied all that territory and, having been Mr. PATTERSON. If that be the understanding, let the Sen· its sovereignforsixty-fiveyears, there had beenno formal surren ator from Tennessee speak first. der of the territory of Louisiana to the French. Then, on October Mr. B~<\TE. I do not want to speak long. 31, the Spanish superintendent delivered over to the French su Mr. PATTERSON. The Senator from Tennessee may speak perintendent the government of the territory, and the French first, and I be recognized afterwards. superintendent then transferred it to the American superintend The PRESIDENT pro tempore. Two Senators have given the ent. In the meanwhile a promise had been made to those people, Chair notice-not the Senate-that they desire to speak for some which had been provided for in the treaty, that they should come ~nty or twenty-five minutes each the first thing in the morning. into the Union with all the rights that pertained to citizenship of Mr. TELLER. I want to say that that is not giving notice to the United States in any of the States. Mr. Jefferson in his mes the Senate. sage particularly congratulated the people of the United States The PRESIDENT pro tempore. The Chair so understands it. that so many people should be admitted to the blessings of liberty, Mr. BATE. I ask permission now that I may be permitted to to use his expressive phrase. go on to-morrow morning. · The ceded territory was divided into two Territories, as has The PRESIDENT pro tempore. The Chair has no power what been recited by the Senator from Ohio [Mr. FoRAKER]; Teni ever in the premises. The Senator simp1y gives notice. The torial governments were established until Louisiana came into Chair will, under the rule, recognize whoever is first on the floor. the Union as a State in 1810 or 1811, if I am not mistaken, and Mr. PATTERSON. I shall be very glad, indeed, to yield to the the Territories had their officers appointed subsequently, as I said. Senator from Tennessee [Mr. BATE] in the morning if the Chair It could not be very well expected that an American could under will recognize me, and ask that I be permitted to follow the Sen· stand the French language-we are in the habit of speaking only ator from Tennessee. our own tongue, and we do not speak that very well generally Mr. BATE. Very well; that is very agreeable to me. but the governor of the Territory of Mississippi, nearest to The PRESIDENT pro tempore. The Chair, under the rule, Louisiana and more acquainted with it than any other, was ap will be obliged to recognize whatever Senator first addresses the pointed to that office, and the o~·. ers appointed were such as Chair. Ordinarily in the Senate a Senator gives notice; the cour were conducive to good order, ana good order was maintained tesy of the Senate recognizes that he has given notice, and the there; the rights of the people were respected; and this protest Chair recognizes him; but the Chair has no power in the prem· which has been put on file here was the expression of the discon ises. tent of only a few people. Mr. COCKRELL. If this were unfinished business, Mr. Presi I have very clearly in my mind, although I can not recall the date, dent, and did not come np until a certain hour, the Senator who that a subsequent enactment by Congress met the approval of the holds the floor now would hold it then, as I understand it, under people of Louisiana, and made them satisfied with the Territorial the practice of the Senate; but this bill will come up in the morn government which had existed for such a very short time. It ing hour, and the presiding officer can not bind himself to recog- was stated in every single enactment, in every proclamation, and nize anyone at that time. . in every message of the President that their rights would be re The PRESIDENT pro tempore. He can not. spected just the same as those of citizens of the United States in Mr. TELLER. I do not suppose that either of the Senators any State. They had that assurance all the time. expects the Chair to agree to recognize him, but there has always The objection made to the governor that he did not understand been a courtesy in the Senate that when a Senator gives· notice their language was perhaps well placed; but it was a new thing that he wants to speak that notice will be respected. He gives to us to have Territories at all and to appoint governors. There notice not to the Chair, but to the Senate. Now, the Senator from had been none before that time, except perhaps in the Northwest Tennessee [Mr. BATE] gives notice that he wants to speak in the ern Territory, as it was called, but since that time the same thing morning. has been done in this Administration. We have had a man ap Mr. BATE. I have already done so. pointed governor of a Territory who, I am informed, does not un Mr. TELLER. The Senator ha.s already done so. derstand the language, although he is a native himself. I mean Mr. BATE. But I withdraw the notice, sir. the governor of New Mexico. I understand he does not speak the Mr. TELLER. My colleague [Mr. PATTERSON] is a member of Spanish language, and yet that is the language of the courts of the Committee on the Philippines and is very desirous to speak. that Territory, and no lawyer can make a speech there in English, I do not see any reason why both Senators may not give the notice except with an interpreter back of him to interpret the speech, so now, the Senator from Tennessee that he will speak at the first the jury may understand it. But that was not any barto the ap opportunity to-morrow, and my colleague that he will follow the pointment or confirmation of that distinguished gentleman, for I Senator from Tennessee. That is the usual custom. I have no believe he was confirmed by the Senate. doubt that every Senator will respect that notice. Mr. President, the difference is so great between these cases 1\Ir. PATTERSON. Let me make a very short statement. I that there is no parallel. The lines do not run together at all, would not ask to speak at all upon this question were it not for the but diverge and run from each other as fast as they can. fact that my colleague and some members of the minority cof the 1930 OONGRESSION.AL REOORD-HOUSE. FEBRUARY 19, Committee on the Philippines have particularly requested that I Mr. RICHARDSON of Tennessee. I know, ,but it is such a should address myself to that feature of the discussion which has precedent as might be followed in the next. I was going to say .been progressing. I have given some particular attention to the that the gentleman might be content with leave to print thia laws to which I have referred and concerning which I have hearing. offered an amendment which is pending. Mr. TAWNEY. That is practically all that is desired. I have also given some considerable attention to the testimony The SPEAKER. Is there objection? which has, up to this time, been given before the Committee on Mr. RICHARDSON of Tennessee. I will not make any objec the Philippines. Had not the minority members of the commit tion myself. tee requested that I should discuss those features of the contro There was no objection. versy I should not have sought the attention of the Senate at all. The resolution was agreed to. Mr. BATE. I think H proper that the Senator from Colorado, LEAVE OF ABSE:NCE. as a member of the Committee on the Philippines, should address the Senate upon this question. I ask to be recognized, and then By unanimous consent, leave of absence was granted as fol I shall be ready to yield to the Senator. lows; Mr. COCKRELL. The Senator from Illinois [Mr. MASo~] To Mr. TOMPKINS of New York, for ten days, on account of made a request. siekness. To Mr. HEDGE, for one' week, on account of important business. NADINE A. TURCHIN. 1.fr. MASON. I ask unanimous consent for the present consid INDIAN APPROPRIATION BILL. eration of the bill to which I referred a few moments ago, being Mr. SHERMAN. Mr. Speaker, I move that the House resolve the bill (S. 3518) granting a pension to Nodine A. Turchin. itself into the Committee of the Whole on the state of the Union The J.'RESIDENT pro tempore. Is there objection to the re for the further consideration of House bill 11353, the Indian ap quest r.f the Senator from illinois? propriation bill. The·re being no objection, the Senate, as in Committee of the · The motion was agreed to. Whole. proceeded to consider the bill, which had been reported Accordingly the House resolved itself into the Committee of from the Committee on Pensions with an amendment, to strike the Whole on the state of the Union for the further consideration out all after the enacting clause and insert: or the lndian appropriation bill, with Mr. MmmELL in the chair. That the Secretary of the Interior be, and he is herebr, authorized and di Mr. SHERMAN. Mr. Chairman, I should like to know how rected to place on the pension ro~ subject to the provisions and limitations much time has been consumed by the two sides. of the vension laws, the name of Nadine A. Turchin, widow of John B. Tur The CHAIRMAN. The gentleman from New York has con chin, Jate colonel Nineteenth Regiment illinois Volunteer Infantry, and brigadier-general, United States Volunteers, and pay her a pension at the sumed one hundred and thirteen minutes, and the gentleman rate of $00 per month. from Arkansas [Mr. LITTLE] one hundred and sixty-two minutes: The am~mdment was agreed to. Mr. SHERMAN. That leaves nearly three hours, I suppose, The bill was reported to the Senate as am€nded, and the amend that I would be entitled to, and the gentleman on the other side ment was concurred in. two hours; that would come somewhere near balancing it. I The bill was ordered to be engrossed for a third reading, read understand that the gentleman from Arkansas would like to oc the third time, and passed. cupy some tim~ now himself. Am I correct? The title was amended so as to read: "A bill granting a pension Mr. LITTLE. Yes; I would like to proceed at this time. to Nadine A. Turchjn. '' Mr. SMITH of Arizona. Before the gentleman proceeds, I ask Jrfr. ALLISON. I move that the Senate adjourn. • unanimous consent of the committee that when they reach the The motion was agreed to; and (at 5 o'clock and 25 minutes point on this bill, under the five-minute rule, which provides for p.m.) the Senate adjourned until to-morrow, Thursday, February certain Indians on the Gila River, in Arizona, that instead 'Of tak 20, 1902, at 12 o'clock meridian. ing any time in general debate as a member of the committee I m~y hav~, if necessary at that time, upon that part of the bill, thirty mmutes for debate on that matter alone. I prefer it then because it will be the matter directly before the committee for HOUSE OF REPRESENTATIVES. action-a very important measure, as I deem it-and I would like WEDNESDAY, February 19, 1902. the unanimous consent of the committee that such order be made. The CHAIRMAN. Is there objection? The Honse met at 12 o'clock m. Prayer by the Chaplain, Rev. Mr. SHERMAN. I do not object. I am entirely willing the HENRY N. CoUDEN, D. D. gentleman should have his thirty minutes when we get to that The Journal of yesterday's proceedings was read and approved. portion of the bill to-morrow, under the five-minute rule. PRINTING .AND BTh"'DING FOR A COmiiTTEE. Mr. SMITH of Arizona. That is the time when I want it. 1t!r. SHERMAN. I have no objection. I just wanted to un Mr. TAWNEY. 1.fr. Speaker, I ask unanimous consent for the derstand what the gentleman wishes. present consideration of the resolution which I ask the Clerk to The CHAIRMAN. The Chair hears no objection. read. Mr. LITTLE. Mr. Chairman, I desire at this time to use a few The CleJ:k read as followE: minutes in the discussion of a question more or less germane to Resolt'ed, That the Committee on Industrial Arts and Expositions be au the bill; at least, germane to the general Indian problem. I thorized to have such printing and binding done as may be required in the transaction of its business. shall, on this occasion, address myself exclusively to the con ditions in the Indian Territory, known as the Territory of the The SPEAKER. The gentleman from Minnesota asks unani Five Civilized Tribes. mous consent for the present consideration of the resolution just We have in that country a condition unparalleled, I think, in read. Is there objection? the entire history of this Republic. We have a condition there Mr. RICHARDSON of Tennessee. I do not like to object to that cries aloud to this Congress for some affirmative and aggres this, but I can not see what use on earth that committee has for sive remedial action. As is known by most of the members of what is asked in the resolution. this House, there are five tribes of Indians in this Territory, Ml·. TAWNEY. I will state that the committee have had a amountin~ to about 80,000 people. There is also in this country hearing on the question of the amount necessary to be appropri a population, shown by the last census, of 391,9()0 American citi ated to make a Government exhibit at the Louisiana Purchase zens, who have no part in the tribal affairs of the government of Exposition. We have heard the members of the government the Territory and are without government. board only. That testimony was desired for the benefit of the The following are the official figures: Committee on Appropriations, and also for the benefit of the Com mittee on Industrial Arts and Expositions. That testimony has POPULATION OF THE TERRITORY. been taken, and it is simply for the purpose of publishing that During the year the Twelfth United State Census was completed, and the information procured from the official results of such census shows the testimony for the use of both the Committee on Appropriations following concerning the Territory, including whites, Indians, and negroes: and the Committee on Industrial Arts and Expositions that I make this request. The l::iPEAKER. Is there objection? Mr. RICHARDSON of Tennessee. I was going to say, further, i!&l~i~~ :~~~~: :~~~ =~~=:~)~!~~=\ ~: ~~~~jjj~ j:\\: ~ ~~j\\~~jj~\: :\j i: that I am quite sure a general right to print would not be abused I while the present efficient chairman has that office, but we do not know how soon some other gentleman might be chairman of Qua:~U:~!"~:~~~~-~-i~~===~~:::::::::=::::~~=::::~=:~==~======~:~ that committee in some other Congress, and it might then be Total for the Territory ______------·------·--- 391,900 abused, it seems to me. Of the above about 84,00l are considered members of the Five Civilized Mr. TAWNEY. This applies only to the present Congress. Tribes, and the following is the approximate number balonging to each ...