402 CONGRESSIONAL RECORD-SENATE. DECEMBER· 13,
- Also, a bill (H. R. 12619). for the relief of Thomas F. Lee, of Martin, SENATE. Weakley County, 'fenne.ssee-'.to the Committee on Military Affairs. Also, a bill (H. R. 12620) granting a , pensioi;i to Sea_born Seagraves, s+TURDAY, December 13, 1890. of Clinton, Tenn.-to the Committee on Invalid Pens10ns. Prayer by the Chaplain, Rev~ J. G. BUTLER, D. D. · By Mr. McCORMICK: A bill (~. R. 12621) granting a, pension ~o RICH.A.RD F. PETIIGREW, a Senator from the State of South Dakota, Benjamin F. Taylor, late cl;iaplain Fifty-e~ghth ~egiment Pennsylvama appeared in•his seat to-day. Volunteers-to the Committee 01;1 fuvnlid Pensions. The Journal of yesterday's proceedings was read and approved. By Mr. :McKENNA: A bill (H. R.12622) to extend th~ patent of De Witt C. Haskin-to the Committee on Patents. JOHN I. DAVENPORT. By l\Ir. MILLIKEL'f (by request): A bill (H. R.12623) for the relief The VICE PRESIDENT laid before the Senate a communication. of Nathaniel J. Coffin-to the Committee on Claims. from the Secretary of the Treasury, transmitting, in response to a res?· By l\fr. O'NEILL of Pennsylvania: A bill (II. R. 12624) for the relief lution of the 8th instant, information in regard to ,the amounts paid of Henry Frank-to the Committee on War Claims. by or in favor of John I. Davenport as an election s~pervisor, etc.; By Ur. PARRETT: A bill (H. R~12625) granting apension to John which, with the accompanying papers, was ordered to lie on the table K. Thompson-to the CQmmittee on Invalid Pensions. and be printed. By Mr. PAYNE: A bill (H. R.12626) ~anting a pension ~o :Maria l\IISSION INDIANS IN CALIFORNIA. Owen, mother of Cornelius Owen, lAte pnvate Company 111, First New York Cavalry-to the Committee on Invalid Pensions. The VICE PRESIDENT laid beforetheSenatetheaction of the House. By l\!r. S1tITTH, of West Virginia: A bill (H. R.12627) !or the relief of Representatives asking for a-conference with the Se~ate on the ~e~d of John W. C. Miers and James I. Barrick-to the Committee on War ments of the House to the bill (S. 2783) for the relief of the Mission Claims. . , - Indians in California. By Mr. STEWART, of Georgia: A bill (H. R. 12628) granting a pen Mr. DAWES. I move that the Senate nonconcur in the amendments sion to Mrs. Edelyn Spalding, widow of Charles Spalding-to the Com of the House of Representatives and accede to the r~quest for a confer ' mittee on Pensions. ence. By l\Ir. TOWNSEND, of Colorado: A bill (H. R.12629) to increase The motion was agreed to. · . . . the pension of George. W •. Blake-to the Committee on Invalid Pen By unanimous consent, the Vice Presidentwasauthorized to appomt sions. the conferees on the part of the Senate; and Mr. D.awEs, Mr. STOCK Also, a bill (H. R. 12630) t--0 increase the pension ofWilliam.T; Boyle BRIDGE, and l\Ir. DANIEL were appointed. to the Committee on Invalid Pensions. PETITIONS AND l\fEMORIALS. PETITIONS, ETC. Mr. SAWYER nresented memorials of citizens of Kenosha, Racine, and Beaver Dam, -in the State of Wisconsin, remonstrating against the Under clause 1 of Rule XXII, the following petitions and papers passage of any bankruptcy' law; which were ordered to lie on the table.' were laid on the Clerk's desk and referred as follows: Mr. VANCE presented a memorial of the Chambei: of Commerce of By Mr. BOUTELLE: Petition of Gilbert T. Hadlock and others of 1 Charlotte, N. C., remonstrating against the p~sage of the Conger lard Islesboro, Me. in behalf of the pnssage of House bill 892, to promote bill· which was ordered to lie on the table. · · the efficiency ~f the ~e-Saving Servic~to the Committee on Com l\Ir. PETTIGREW presented a memorial of 24 citizens of Watertown, merce. S. Dak., remonstrating against the passage of any bankruptcy law; Also (at request of Mr. REED, of Main~): Petition of L. C. Blake which was ordered to lie on the table. and others, citizens of Portland, :Me., for rncrease of pay of members 1..Ir. PIERCE presented a petition of citizens of Morton Coun~y, of the Life-Saving Service-to the Committee on Commerce. North Dakota, praying for the re-enforcement, enlargement, and mam By Mr. CHEATHAU: Petition of James Waiters, of Lewis County, tenance of Fort Abraham Lincoln; which was referred to the Com North Carolina, praying reference of his war claim to the Court of mittee on .Militarv Affairs. Claims under the Bowman act-to the Committee on War Claims. Mr. STOCKBRIDGE presented the memorial of D. S. Fox and other By:Mr. CUM.MINGS: ' Petitionrequestingtbat '!'pension be ~ranted citizens of Flint, Mich., remonstrating against the passage of any lJank- to the widow of General Duryee-to the Committee on Invalid Pen ruptcy bill; which was ordered to lie on the table. , sions. Ho also presented a petition of Typographical ~nion, No. 99,_ of By M.r. EVANS: Petition of Samuel H. Chapman, asking considera Jackson, Mich., praying for the passage. of llous.e bill 80~6, resto~mg tion as pensioner for services in Florida war, Mexican war, and war of the rate of warres paid to Government pnnters prior to tbell"reduct10n; the rebellion-to the Committee on Invalid Pensions. which was ord~ed to lie on the table. , By. Mr. GROUT: Letter from a committee of the American Ba~ As He also presented a petition of Fraternal Grange, No. 406, Patrons sociation relative to relief of the Supreme Court-to the Committee of Husbandry, of Shelby, Mich., praying for the passage of the Conger on the Judfoiary. . . . . lru·d bill; which was ordered to lie on the table. Also petition of Patty Richardson, a Revolutionary widow, for m Mr. QUAY presented the petition of the Beaver _Valley (Pa.) Typo~ crease ~f her pension-to the Committee on Pensions. graphical Union1 No. 250 1 praying for the restoration of wages of the Also, a letter of S. n.. Downey, attorney, Washington, D. C., dated employes of the Government Printing Office to the rates paid P.rev;ious December 12, 1890, inclosing evidence in case of Pa.tty Richardson, to the reduction provided for by the act of Margh 3, 1877; which was and citing five out of twenty-three so far given an increase-to the ordered to lie on the table. Committee on Pensions. - Mr. VEST. I present a memorial of the national convention of"tbe By l\fr. LEE (by request): Petition of Sarah L. and Mary E. Smith, representatives of the comID:ercial bodies of the United States, calling only heirs at law of Sarah G. Smith, deceased, of Stafford County, attention to the present depressed financial condition of the country, Virginia, praying that their claim may-. be referred to the Court ot the inadequacy of State laws, and the provisions of the Torrey bank Claims to find the facts; under the proVlSions of acts of March 3, 1883, rupt bill, and petitio.u.ing the Senate to consider at 011ce and pass.that and March 3, 1887-to the Committee on War Claims. measure. By Mr. LEWIS: Petition of Rachel D. Jones, of Marshall County, This petition which is not a lengthy document, is signed by a num Mississippi, praying th!lt her claim may be referred to the Court of ber of representative men from all the States of the United States; and Claims under the act of 1\Iarch 3, 1883, to find the facts-to the Com- whilst I do not commit myself to the arguments and views expressed mittee 'on War Claims. ' in it, in view of the importance of the questioi;i and the .high charuc~er ' By Mr. McCORMICK: Petition of B. F. Shaffer & Son and sundry of the memorialists, I move that the memorial be printed as a IlllS· other persons praying for the pa..qgage of a rebate amendment to the cellaneous document, ancl lie on the table. . , tariff bill-to' the Committee on Ways and Means. The motion was agreed to. Also, petition of George Bubb & Sons and sundry other persons, pray Mr. CULLOl\1 presented memorials of citizens o_f Atlan~'l, Wenona, ing for pas8age of same measure-to the Committee on Ways and Means. - and Centralia in the State of Illinois, remonstratmg agamst the pas By Mr. O'FERRALL: Petition of ~frs. Mary A. Hart, of Clarke saue of any b~nkruptcylaw; which were ordered to lie on the table. County Virginia, praying thather claim may be referred to the Court of 'lt:r. TURPIE. I present the memorial of Samuel H. Chipman and Claims to find the facts-to the Committee on War Claims. other citizens of Indiana, remonstrating against the passage of a bank By Mr. TOWNSEND, of Colorado: Petition of George W. Blake, in ruptcy act, in which the memorialists sta~e, amongst other things, that favor of a bill to increase bis pension-to the Committee on Invalid the historv of bankruptcy legislation shows that such laws are made only to Pensions. be repealed, the reason being that the loophole thus afforded for escape from .A:lso petition and affidavits in favor of the increase of pension of the natural consequences of reckless speculation and extrayagance induces the Willi~ T. Boyle, of Company C, Fiftieth Regiment Illinois Volun extravagance and speculation requiring such relief. teers-to the Committe on Invalid Pensions. The memorialists further state: By Mr. WILSON, of Missouri: Petition of D. B. Browning, vice presi Thecondltionofthe country is now, and bids fair to be in the future, so pros dent, and John Bucher, secretary,, of the Farmers and Laborers' Union, perous that there is no demand for such legislation, etc. of Holt County, Missouri, and many other citizeDS" of said county, in The bill is already upon the Calendar. I move, therefore, that the favor of the passage of the Butterworth option bill, the. same being memorial lie on the table for the present. House bill 5353-to the Committee on Agriculture. The motion was agreed to. · 1890.· CONGRESSIONAL RECORD-SENATE. 403
!\fr. PAYNE presented the petitfon of the Shinnick, Woodside and tion; which was read twice by its title, and referred to the Committee Gibbons Manufacturing Company and 7 other leading firms and com- on Public Buildinii;s and Grounds. ' panies of Zanesville, Ohio, praying for the passage of the Torrey bank· Al\IENDMENT TO A BILL. rupt bill; which was ordered to lie on the ~'1.ble. Mr. POWER submitted an amendment intended to be proposed by REPORTS OF COMMITTEES. him .to the bill (S. 3842) to reduce the amount of the United States bonds to be required of national banks, and for other purposes; which Mr. DAVIS, from tho Committee tm Pensions, to whom was re· was referred to the Committee on Finance, and ordeted to be printed. ferred the bill (S. 3976) granting a. pension to George A. Perkins, re ported it without amendment, and submitted a report thereon. WITRDRAWAL' OF PAPERS. He also, from the same committee, to whom was referred the bill Mr. HOAR submitted the following order; which was read: (S. 4507) granting a pension to JohannaTeubner, reported it without Ordered, That Mrs. Catharine Simmonds have leave to withdraw from the amendment, and submitted a repoTt thereon. files of. the Senate all papers. relating to her pension claim. Mr. DANIEL, from the Committee-on Public Buildings and Grounds, Mr. HOAR. A pension bill has passed, I understand, in her favor; to whom was referred the (bill H. R .. 3~79) for the erection a public The order was considered by unanimous consent, and agreed to. building at H.ome, Ga., revorted it without amendment, and submitted ADVANCES OF VIRGINIA .AND :l\IARYLAND. a report thereon. . · Mr.SPOONER,fromtheCommitteeonPublicBuildingsandGrounde, Mr. DANIEL. I offer a. resolution of inquiry to which there can be ~. to whom was referred the bill (H. R. 4608) to provide for the erection no possible objection, that the Secretary of the Treasury, who was re· of a public building in the city of Fargo, N. Dak., reported it without quested to furnish the Senate certain information as to claims of the amendment. State of Virginia about the war of 1812, shall extend it to certain in formation as to the advances of that State for public purposes. BILLS INTRODUCED. The resolution was considered by unanimous consent, and agreed to, 1\Ir. EDMUNDS. I introduce a bill at the request of some highly as follows: respectable gentlemen. I at present express no opinion as to its pro- Resolved, That the Secretary of the Treasury bo, and he is hereby, directed, in addition to the information called for by the resolution of the Senate, dated priety. . July 16, lB!Xl, to inform the Senate, at the same time, what sums of money (with The bill (S. 4619) fixing the compensation of the assistant attorneys interest to date) have been a~vanced by the Slates of Virginia and Maryland to in the Department of Justice for defending suits in claims against the the United States., to be applied toward erecting public buildings-at the perma· United States in the Court of Claims was read twice by its title, and nent seat of the Government of the United States on the banks of the Potomac. referred to the Committee on the Judiciary. CONTRACT FOR POST·OFFICE SAFES. l\Ir~GORMAN introduced a bill (S. 4620) t;o establish the record and The VICE PRESIDENT. The Chair. lays before the Senate the pension office of the War Department, and for other purposes; which resolution subinitted by the Senator from Texas [l\fr. REAGAN], com was read twice by its title, and referred to the Committee on Military ing over from a previous day, which will be read. Affairs. . The Chief Clerk read the resolution submitted yesterday by Mr. He also (by request) introduced a bill (S. 4621) to authorize the REAGAN, as follows: Washington and ChesapeakP. Railroad Company to extend its railroad Be it resolved, That the Postmaster-Generafbe, and is hereby, directed to infor..n into and within the District of Columbia; which was read twice by its the Senate at the earliest practicable moment unde1· what conditions safes for title, and referred to the Committee on the District of Columbia. the service of the Post-Office Department are now being procured, when re l\fr. DAVIS (by request) introduced a bill (S. 4622) to authorize t4e quired, whether under contract or in open market, and, if under oontract; the date of such contract, the period for which said contract was to exist, with whom bo'tl.rd ofsupervisors of' Maricopa County, Arizona, to issue ce~tain bonds executed, and the price agreed to be paid. · in aid of the construction of a north and sou th railroacl; which was read Also whether since the existence or expiration of such contract other pro twice by its title, and referred to the Committee on Territories. . posals have been solicited by the Department, and, if so, when such proposals were submitted to the Department, and what action, if any, has been taken upon He also introduced a bill (S. 4623) to amend section 4766, Title L VII, said proposl\ls. of the Revised Statutes of the United States; which ~as read twice by The VICE PRESIDENT. The question is on agreeing to the reso· its title, and referred to tho Committee-on Pensions. lution. l\fr. PET.~GREW (by reqn~t) introduced a bill (8. 4824) to estab M-r. EDMUNDS. I move to amend the resolution by striking out lislriraepa.rtment of elections, and for other purposes; which was read the words "at the earliest practicable moment " and inserting "as twice by its title, and referred to the Committee on Privileges and Elec soon as practicable·,'' as a little more respectful to the Dep:utmeut. tions. - :tlfr. REAGAN. There is no objection to that. . He also introduced a bill (S. 4625) granting to the Sioux City North Mr. EDMUNDS.- It is a mere question of taste, I admit. western Railway Company right of way through the Sioux Indian The VICE PRESIDENT. The amendment will be stated. reservation in the State of South Dakota; which was read twice by its The CHIEF CLERK. It is proposed to .a.mend the resolution so as to title, and referred to the· Committee orr Indian Affairs. ' Mr. FRYE introduced a bill (S. 4626) grantinganincreaseofpension read: Tbnt the Postmaster-General be, and is hereby, directed to inform the Senate to George H. Blodgett; which was read 'twice by its title, and, with the as soon as practicable, under what conditions, etc. accompanying papers, referred to the Committee on Pensions. -The amendment was agreed to. Mr. FRYE. I moYe that the accompanying petition and papers be printed. · ' The resolution as amended was agreed to. The motion was agreed to. IRRIGATION INVESTIGATION. Mr. FRYE introduced a bill (S. 4627) to establish a marine board Mr. CASEY. I am directed by the Select Committee on the Irri for the advancement of the interests of the merchant marine; which gation and Reclamation of Arid Lands, to whom was referred a reso was read twice by its title, and referred to the Committee on Commerce. lution relating to the irrigation investigation, to report it without l\Ir. MITCHELL introduced a bill (S. 4628) granting to the Uma amendment; and I ask for its present consideration. tilla Irrigation Company a right of way through the Umatilla Indian The VICE PRESIDENT. The resolution will be read. reservation in the State of Oregon; which was read twice by its title, The resolution submitted by l\Ir. CASEY on the ~th instant was read, and referred to the Committee on Indian Affairs. . as follows: Mr. PLUl\IB introduced a bill (S. 4629) t;o remove the charge of de Resolved, That the Secretary of Agriculture be, and hereby is, requested to aertion against Charles M. Gourley; which was read twice by its title, report to the Senate all information in his possession aa to the progress made and referred to the Committee on 1\Iilitnry Affairs. in the investigation for irrigation purposes of the regions lying between the Mr. -SAWYER introduced a bill (S. 4630) granting a pension to ninety-seventh parallel west of Greenwich and the foothills of the Rocky Mountains, as provided in the act of September L3, 1890, known as the defi Michael l\Iulhare; which was read twice by its title, and referred to the ciency appropriation act; and also to inform the Senate whetherJin his opinion, Committee on Pensions. under the limitations as to time provided in said act the saiu invesfigation Mr. POWER introduced a bill (S. 4631) creatingt'Yo additional land can be carried out so as best to secure the information sought and with the dil!ltricts in the State of Montana; which was read twice by its title, and greatest economy, referred to the Committee oh Public Lands. · The VICE PRESIDENT. Is there objection to the present consid- Mr. McMILLAN introduced a bill (S. 4632) to provide foT a patrol emtion of the resolution? steamer for the replacing of buoys in the St. Mary's River, Michl- Mr. GOR!IAN. Of course I have no objection to the resolution so gan; which was read twice byits title, and referred to the Committee far as it asks for information as to,what disposition has boon made of on Commerce. the amount appropriated in the act, but when we considered that sub- ]')lr. MITCHELL introduced a bill (S. 4633) to authorize the Mari- ject (and I call the attention of the chairman of the Committee on Ap· copa and Phmnix Railroad Company to construct a certain railroad propriations especially) it was with the distinct understanding, and I and to confer certain rights upon said company in i:espect thereto; believe such a provisionwas inserted in the act, that the examination which was read twice by its title, and referred to the Committee on was to terminate by the 1st of July next. Public Lands. I l\Ir. HOAR. The Senator is not heard on. this side of the Chamber. Mt. BUTLER introduced a bill (S. 4G34) making an appropriation to The VICE PRESIDENT. The Senator from l\Iaryland will suspend enable the Secretary of War to construct~ bridge across the Potomac for a moment. Senators will please cease audible conversation and re- River from the Naval Observatory grounds to the Arlington reserva· sume their seats. · 404 CONGRESSIONAL RECORD-SENATE. DECEJ\IBER 13,
Mr. GORMAN. I was saying that I have no eS1.rthly objection to the prfotion, but if that language was a mistake, so a.a to require the work passage of this re.solution or any other asking for information from the to be done in winter when it can not be done in winter, a little exten Departments as to the disposition made of the amount of money appro sion of time to a great industry can injure no one. I believe that that priated in the act of the last session, but the resolution goes beyond that restriction was wrong; that they ought to have had the summer months and asks tho opinion of th"e Secretary of Agriculture as to the propriety for expending this money, and not the winter months. I believe the of extending the time formaking:this examination. I thoughtit was restriction was wron:i;, and it ought not to have been put in, and the distinctly understood, and that we bad so provided in the act when we fact that it is there is a matter that should be brought to the attention made the appropriation, that the .expenditure should be made within of Congress. At all events we have the right, notwithstanding that the time fixed by the Jaw, so as to prevent the possibility of the cre law, to investigate the question and see as to the propriety of amend ation of another division or bureau for this purpose in the Agricultural ing it, as we can amend any other law. Department. The long controversy extended over several weeks, and Mr. P ..ADDOCK. Mr. President, I desire to remind the Senator from I thought we were unanimously o.( the opinion that no steps should be Maryland of the fact that the act making the appropriation to carry taken creating a new bureau in that Department. out this work was not approved until the 13th day of September, and If I undersland the resolution as read from the desk, it proposes t~ it was impossible for the Secretary of Agriculture to organize the work seek the opin!on of the Secretary of Agriculture with a view of extend so that it could be prosecuted until very nearly the 1st day of Novem ing the time, and as a matter of course creating another bureau equal ber. That of course carried it to so late a time in the latter part of to the Geological Survey, as I take it. I think ·the committee ought autumn, in my State at all events, that the carrying on and completion to modify the resolution and let us have the facts, and if the Secretary of the work was not prncticable; at lea.st it could not be done satisfac says, in answer to the general question as to what disposition he llas torily, economically, and thoroughly at so late a period as that. Nev made of the money, that the time has been so short that it has been im ertheless, the work was commenced and very considerable progress was possible for him to make the examination, tlmt is one matter; but for malle. It bad, however, to be suspended on account of the rigor of the one I do not think at this time we ought to get from him, as we un climate very soon afterwards. But enough was done to demonstrate doubtedly shall from all the beads of Departments, a recommendation beyond auy question whatever the usefulness of the inquiry, ·the prac to create additional officers and extend this bureau and make it what ticability and the great promise of the artesian method under consid was intended by some, in my judgment, as I expressed on the floor of e:-ation, indeed the comparative certainty of success through the means the Senate, another huge department rivaling the Geological Survey. of irrigation proposed. Mr. STEWART. Mr. President, there is no intention of creating The importance of this exploration was impressed upon the people another Geological Survey. If the one we have could be limited and of that country most strongly by the fact that throughout a dozen brought into subjection to law, great progress would be made. counties of my own State, in the extreme southwestern part of the This appropriation was made for the specific purpose of ascertaining State, all crops had beau entirely blighted and destroyed by a drought the facts with regard to the great underflow of water in the artesian be!t. which prevailed throughout that entire section of the country during It is pretty well ascertained now that th!lt belt extends from British the past season. It is not only true that great suffering was expe Columbia to the Gulf and is of great width. The progress of this in rienced throughout the section of our State to which I have referred, vestigation has been checked by the winter months in the North. Any but this drought extended throughout nearly all the region of country one acquainted with the climn.te there will readily see that the money west of the one hundredth meridian, north and south, to the utter can not be possibly expended in the northern section during the win most limit of our boundaries on the north and to the Gulf on the south, ter. The investigation in the southern portion, down ii!- Kansas and blighting, withering, destroying the crops everywhere. !twas demon Nebraska, the Indian Territory and Texn.s, ha~ been prosecuted, and strated by the very imperfect survey that was made in the brief period probably can be completed, but if the Department is limited to the in which work could be done that there is a very strong flow of ar time fixed, which is the 1st of July, to have publication made, the tesian waters throughout the vast. country and that that rtlgion is all investigation must cetiSe about the 1st of .May, so that the publi<',a, susceptible of thorough irrigation through such instrumentality, with tion can be complete by the 1st of July, leaving only the bad season the proper development and by the employment of the proper agencies of the year for explorations in the North. The object of this resolu which can easily be set in motion anywhere in the arid regions. tion is simply to inquire of the Secretary, so that it may be officially I hope, Mr. President, there will be no obstruction to this resolu· known to the different committees, tlle exact state of thi;, investiga tion. It simply aims at n provision tl.ii>t .becomes nwesssry on account tion, what has been done and what time is necessary to complete the of the latenes'! of the passage of the act making the appropriation in investigation under the appropriation. question. While I am on my feet I desire to call the attention of the Senate to M:r. REAGAN. Mr. President, it has been suggested by the com the fact, which all well know, that nearly all of the public lands of the mittee that, on account of the lateness of the period of making the United States are in the arid region, and private enterprise is spreading appropriation under which this work is being done, the cold season over all that area and.bringing it under cultivation by irrigation. All cnme on so as to prevent the expenditure of a proper proportion of the that is contemplated now is for the Agricultural Department to deal funn in the northern part of the territory affected, and at the season to with this question as it deals with every other agricultural question, to p_reHs the work in the south until too late to make expenditures in the create no new bureau and incur no new expense. The Agricultural northern part of the territory in time for the report which the law re Department is operating in that country. It i~ opemting as to the veg quires the persons engaged in this work to make; and, in order that. we etation t!iat can be produced there. It is distributing seeds; it is dis may see ho~ that is and see whether it will be necessary to exte·icl the tributing plants. It has the Weather Bureau and is giving us the state time so as to enable the proper part of this work to be dout lll the of the weather, nnd it can in the same connection hereafter give us all northern part of this territory, I propose, with the assent of the chair the information that may be desired for the purpose of irrigation. There man of the committee, to offer an amendment to the resolution, and I is no additional bureau required while it has a force in the field to col will ask the Chief Clerk to take it down, for it is not written so that lect the ordinary information that is distributed among the people. he can wdl understand it: But I undertake to say that the greatest obstacle, and the only prin And that lie show by his report what amount of the money heretofore nppro cipal obstacle, to irrigation is the want of information. priated for this purpose h11.s been expended in each State nnd Territory in which Our people have been unaccustomed to irrigation. We came from a expe nditures have been mo.de. region whero they do not irriga_te, and information upon that subject ~Ir. STEWART. I presume there is no objection to that. is more needed than anything else. There are many places where they Mr. REAGAN. The object is to enable us to actadvisedly,lliecause have water on land, but wnnt of experience prevents them from utiliz if it turns out, as has been suggested, that on account of the limit...1.tioa ing it. The subject of irrigation is a matter requiring a great deal of of time within which the report is to ba made anrl the effect of the experience and attention. You can put on too much water and destroy season, the expenditure of n proper part of this money has been pre your crops. You can put it on attbe wrong season. It requires more cluded in the northern part of the territory, it is proper that the neces education in that than in any other kind of agriculture, and it is a new sary amendment should be made; and besides it is in my jud~ment subject with us. All that the Department will ever be called upon to right that we should see where this money shall be expended. do is to trQat this subject as it does all other agriculturnl questions. The VICE PRESIDENT. The proposed amendment will be stated. As to this specific quest.ion, the appropriation was made and it is The CIIIEF CLERK. It is proposed to add the followin~: probably sufficient. It may require a little more, I do not know, to And that he ehow by his report what am
406 CONGRESSIONAL RECORD-SENATE. DECEMBER 13,
frankly made that the intention of the resolution is to go beyond that The VICE PRESIDENT. The Senator from Nevada moves to pro· and expend the money. ceed to the consideration of a bill the title of which will be stated. I object to the Senate being committed by the passage of a. resolu· The CIIIEF CLERK. A bill (S.165) to amend chapter 6 of Title XXXII tioll. in that form and with the statements made that we are committed of the Revised Statutes, relating to mineral lands and mining re· to go on with this work hereafter. The Senator from Nevada knows sources. and the Senator from Montana knows perfectly well that I do not ob· Mr. HOAR. Let it be taken up subject to objecijon. ject to any information at any time on this question. I am glad to Tho VICE PRESIDENT. The question is on the motion of the Sen· have it come in and glad to ha>e the Secretary of Agriculture make ator from Nevada [Mr. STEWART]. his recommendation. Let us have his report and let him send it here Mr. STEWART. If it leads to any debate, I shall withdraw it. as tho law requires in order that we may see what he ha!? accomplished, l\fr. HARRIS. Let the bill be read subject to objection. without him being invited to do it, because the intimation goes with Mr. SANDERS ancl Mr. STEWART. The bill has been read. that resolution, and especially after what has been said here, that we Mr. PASCO. I ask whether it was not understood yesterday even· invite him to furnish reasons why his Department shall have another ing that the bill should be brought up by consent this morning. I appropriation and why this organization shall be kept up. He has, understood at the time that there was unanimous consent asked by however, a perfect right and a perfect excuse to a.."!k for any amount of the Senator from Nevada and that therewas no objection made. money for the enln.rgement of his Department. We all know that the · Mr. STEWART. There was unanimous consent that it might be heads of these Department.8 naturally without an invitation are con taken up this morning. stantly asking for an increase of officers and nn increase of their pay. The VICE PRESIDENT. The Chair has no recollection that unnni· I object to the resolution for that reason. mo us consent was asked and given for the consideration of the bill this Mr. STEWART. If it is proper for the Secretary to give this in· morning, but that there was an understanding that it would be called formation it is certainly proper for us who represent that region and feel up and the consideration of tho bill continued at the point where it interested in it to ask for the information. I hope Senators will not was discontinued yesterday. Is there any objection to the present con· object to the resolution, for it is proper and I think it ought to be sideration of the bill? passed. l\lr. HOAR. With the assurance of tho Senator from Nevada that The VICE PRESIDENT. The question is on the adoption of the the bill will be withdrawn if any debate arises upon it, I make no ob· re8olution ng amended. jection. Mr. GORMAN. I ask for a division. By unanimous consent, the Senate, us in Committee of the Whole, re· The question being put, the o.yes were 33-- sumed the consi
A bill (S. 1590) to provide for the construction of a public building and made it their duty to supervise the registration of >oters conducted by the in the city of Stockton, Cal. ·, , State o~cer.s: to chAllenge persons offering to register; to personally inspect and scrutimze the registry lists, and to affix their names to the lists for the pur A bill (S. 2349) to provide for the purchase of a site and t~e erection pos~ of .identificn.tion and the prevention of frauds; to attend elections and re of a. public building thereon at Kansas City, in the State of Missouri; mnm witJ;i the boxes· till the votes Jtre cou.nted; to att{lch to the registry lists A bill (S. 2427) to provide for the purchase of a site and the erection and election returns any statement tounhrng the accuracy and fairness of the registry and elections, and to take and transmit to the Clerk of the House of of a public building thereon at St. Albans, in the State of Vermont; Representatives any evidences of fraudulent practices which maybe presented A bill (S. 2405) to provide for the purchase of a site and the erection to them. bl" b ild" th t L · t · · th Stat f J'r'" · " ThesamelawprovidesfortheappointmentofdeputyUnitedStatesmarshalsto 0 f a pu lC u mg ereon a eW18 on, ln e e 0 Ll.alllcj attendatthepolls, supportthesupervisorsin thedischargeoftheirduties and to A bill (S. 2816) for the erection of a public building at Ne.wburgh, arrest persons violating the election laws. The provisions of this familiar titlo N. Y.; · of the Revised Statutes have been put into exercise by both the great political A bill (S, 3417)•to provide for the purchase of a site nnd the erection theparties, petiHons and in required the North by law.as well ns in the South, by the filing with the court of of a public building thereon nt Haverhill, in the State of !r.fassnchu- It is not, therefore, a question whether we shall have a Federal election law setts; and for we now have one and have had for nearly twenty years, but whether we A bill (S. 2404) to provide for the purchase of a site nnd the erection sha!l have an.effective law. The. present law stops just short of effectiveness, for it surrenders to local authorities all control over the certification which es- of a public building thereon at Beatrice, in the State of Nebraska; tablishes the primafacie right to a seat in the House of Reprcsentntiyes. This That it agreed to the conference asked by the Senate on the disa- defect should becured. . . greeing votes of the two Houses thereon, and had appointed Mr. MrL- Mark the language, "thiS defect should be cured." What "de LIKEN, Mr. POST, and l\1r. DmnLE managers at the conferenee on the feet?" why the defect ofleavinp: the control of the elections _and the part of the House. , ?ertification of the result to the people and their chosen officers, ·where ENROLLED BILLS SIG1'l"'ED. it bas been for one hundred vears and where under our form of Gov- The message further announced that the Speaker of the House had ernment it was intended always to be. signed the following enrolled bills; and they were thoreupoh signed by There was an American, Mr. President, who tersely described ours the Vice President: as a "Government of the people, by the people, and for the people.,., A bill (S. 1512) to erect a public building at Lima, Ohio; Ile never dreamed that the intrusting of the control of their own
A bill (S. 1977) to provide for the construction of n public buildino-0 elections to the people themselves was ·'a defect that must be cured." at Meridian, in the State of Mississippi; Whenever this becomes the ruling doctrine, whenever the people tbem- A bill (S. 3796) to provide for .the purchase of a site and the erec- selvesacc~pt thisasacorrecUheory, the Republic is ended, and we will tion of a. public building thereon at Racine, in the State of Wisconsin; have a government, not "of the people, by the people, and for the A bill (S. 4155) for a public building at Sheboygan, Wis.; and people~" but one of centralized power, "a vigorous government," a A joint resolution (S. R. 90) providing for the printing of decisiom1 despotism. of the Department of the Interior regarding public lands and pensions, This old idea of a government bv the people, the President thinks for sale. "stops just short of effectiveness/'. and therefore some method of hoid: UNITEp STAT.ES ELECTIONS. ing the elections not' open to the "ilefect" of popular control and Mr. HOAR. I move that the Senate proceed to the consideration which will not "stop short of effectiveness," must be devised and car- of House bill 11045. ried into effect by the party which once championed other pririciples. The motion was agreed to; and the Senate, as in Committee of the The bill sent us by the House of Representatives is unquestionably Whole,· resumed the consideration of the bill (R It 11045) to amend such a bill. No man will have the temerity to suggest that thiit bill and supplement the election laws of the United States, and to provide will not be "effectiye" if passed. No suspicion of the "defect" of. for the more efficient enforcement of such laws, and for other purpose.':!. local or popular control lurks in all its pages, nor in all its paragraphs.. Mr. JONES, o.t: Arkansas. M. President, this attempt to deprive I shall not at this stage of the discussion consider the worst feature the people ofthecontroloftheir o~nelectionsand toplacethem under oftbe bill, U: any one feature can be given that bad eminence; at any the management!of officers of the Federal Government is a startling rate I shall not now consider the "bayonet clause," as it is familiarly proposition, and one that patriotic men should carefully.weigh and con- called, or the provision for troops at the polls, preferring to take that sider. It proceeds upon tlie idea that the people can not be trust<3d. up atalaterdayand ina different phase of the discussion, but now wish There is no other .excuse for it, no other possible explanation of it. To to call attention to some other of its features and their effects. say that laws upon the same subj~ot-ma,tter were passed just after the That the bill will boldlysnatchfrom thepeopletherighttohold their war, when the country was in a most extraordinary social and political elections, and pL'l.ce the entire management of them..under the control of condition, is no justification of this effort, even if it is true. Federal officers appoin~or life, stands confessed. Under it the chief ... The prejudices necessarily consequent upon the trem~ndous strua-- supervisor, who is appointed for life, selected by a Federal judge, who gle from 1861 to 1865, with its victories and defeats, together .with the is himself an officer by appointment, and ngt by election, who holds biR social upheaval and agitatiop. resulting from the emancipation of mil- o~ce for life, and who is in no.wayaccountable to the people, is charged lions of slaves belonging to a race theretofore held by all Anglo-Saxon W1 th the control of elections and clothed with powers and privileges people to be inferior, and the vesting them with the right of suffraae which are utterly at variance with every principle of free representa while thousands of others of a race which had looked down upon a':id. tive government. Amongst these privileges, repugnant to all American despised them for centuries were denied the right of participation in sense ofpropriety, isthekinglypowerofselectingand~ppointinghisown public affairs, might not unnaturally have hurried the victorious and successor, who in his turn will have the same right. But this iniquity ruling section of the Union into the enactment of laws which the was so clearly exposed by the Senator from Delaware [Mr. GRAY] in calmer judgment ofe'ven that section woult'lnot have approved in after- his masterly and overwhelming argument upon this bill that I shall years; but such laws if passed could not have been quoted as prec- not discuss it. eden ts for legislation such as this. The fact is; however, that even Feature.':! antagonistic to all the principlesof frcedom and utterly sub- in the midst of the passions of that time no Jaw was passed wlrlch could versive of all idea of local self-government, of all representative gov- - serv.e as a precedent for this. Faith in the people was then strong and ernment, swarm through this bill from beginning to end. How shocking vigorous, and those who hacl stood by the Union in its peril were not to our sense of right is that provision that, upon the application of one to be told that they could not be trusted to count their own ballots and hundred persons claiming to be citizens of the United States and vot- •· to certify the result. ers of any Congressional district, the entire complex machinery of this The President of the United States in his annual message makes the law is put in Oferation in such dis~ict. The mere application of the astonishing attempt to justify this proposed act by reference to certain one hundred persons claiming to be citizens, etc., no matte:r whether laws passed at that time, but h,e refutes his own argument when he ~ good faith or ·procured by the solicitation of the chief supervisor distinctly shows the wide difference between those laws and this bill. himself, and no matter whether trne or false, seems to be conclusive He clearly shows that there is in those laws no effort to wrest from the when presented with the claim that the signers are citizens; no matter people the control of their elections. He shows that under them the if every other one of the thousands of citizens of the district may be entire control 1·emains wqere it .has always been, with,the people, and bitterly opposed to it, no matter if tbey'solidly protest against it, these that no sort of effort was rn.ade m them to place Federal officials in con- one hundred persons claiming to be citizens, without re~ard to their tro1. The laws to which he refers indicate a want of confidence in character or moral worth, have tho power to compel the others, the vast popular-government, a want of ~ympatby with the people, and they . majority, to pass under the rod. furnish a system of espionage of the people such as theretofore had This chief supervisor who is to come into the active exercise of the found no place in our system of Government, but nowhere do they vio- powers of his office by virtue of the requElSt of these one hundred per late the right of the people to control the counting and certification of the sons in spite of the objections of thousands perhaps, including every results of their elections. The President recommends now that exactly man of character in the district, is to become at once an autocrat. what was not done then shall be done by this bill, and discussing the Circuit courts and United States marshals are to ''come at his beck and · opposition to it he says: bowathisbidding;" hisminionsassupervisorsorasspecialdeputymar- It has been denounced ·as if it wero a new exorcise of Federal power and an shals are to execute his will in defiance of personal or political rights. invasion of tbo rights of the States. Nothing could be further from the truth The chief supervisor' is authorized to nominate persons to be super- Congress has already fixed tho time for the election of members of Congress" · · th l t• d" tr" t d fr b 1. t f · ti d It hasde~la.red thatvote!!formembers ofCongressmust bebywrittenorprinted VlSOrS In - e e ec lOn lS lC S, an Om t e IS 0 DOID1Il!1' OllS ma e ballots; ~thas provided for theappointru.entbythecircuitoourtsincerta.incases by him the circuit judge must under the provisions of the House bill and upon the petition of a certain number of citizens, of election supervisors: select. 408 CONGRESSIONAL RECORD-SENATE. DECEMBER 13,
- Then to give the chief a wide range in selecting perso~ for assignment Iof trust; but, wonder of wonders ! this immaculate set of supervisors, to duty, at least twice the number necessary for the district must be who are so much more worthy of trust than the people, are by the terms appointed, and from this large number he selects for duty at his own of the same bill declared themselves to be ~nworthy of trtist, beca~e sweet will just whom he likes, those assigned receiving pay, while the it provides that the special deputy marshal shall. "observe the man others do not, their pay to be $10 each upon election day and $5 per ner in which the election officers aredischargingtheirduties." "Ob day for all other days upon duty. The Senate committee, unwilling serve the manner" for what purpose? What powers have they in this apparently to make the powers of the chief superv.isor so absolute, pro- connection? Suppos·e they "observe'' something thev do not approve, vides in the Senate bill that the judge shall not be limited in selecting what will they do? The purpose must be to report-to their master, supervisors to the list submitted by the chief supervisor; but this check whose power of-removal may be invoked. A system of supervision ia is more apparent than real, for both the House bill and the Senate sub- organized because the supervisors are more to be trusted than the peo stitute require the appointment of not less than twice the number re- ple, but in the same bill an unnumbered host of special constables is quired, and with such a large list to choose from it is clear that if the providedfor at $5 per day each, to be organized into a detectiveforceto judge should appoint as supervisors a few men of good standing. and watch them. What a comment upon a bill actually under considera fair character these could be easily len off of duty by the chief super- tion in the American Senate! visor in making his assignments. He seems to be thus entirely pro- If it should chance that the chief supervisor should think that any tected from any danger of having a !3ingle reputable man forced upon supervisor or board was not sufficiently honest or was a little too honest him by the judge if he desires to be surrounded by pliant tools of bis to be trusted with the returns, he may direct the special deputies to own choosing. take cha'rge of them as rapidly as the canvass is completed. A propo- There is no Ii mi tation upon this absolute controlin selecting supervisors si ti on to·embody such provisions in the law of the land, Afr. President, to go on duty, except that in any election district not more than two certainly never emanated from any member of either House of Con of them shall be of the same political party. This will not operate as gress, and I must think that, when Senators have had time to consider a protection to the people, however, for, as was clearly pointed out by these monstrous propositions, their American blood will assert itself, . my colleague in his able speech-a few days ago, the two who are of their Anglo-Sax.on feeling will rebel against being parties to this effort his own party have power under the bill toactin utter disregard of the to give such regulations the form of law. wishes or opinions of the third man. Beyond this is the other fact that This chief supervisor, this imperial functionary, is to have the Treas- this third man, who is to be of different politics-Democrat, for ex- ury open to him, for it is written in th~ bill: ample-is to be in the first place selected and nominated for appoint- There shall be allowed and re~unded to th~ chief supervisor in his accounts ment as a supervisor by the chief supervisor. Think what sort of a uron the ':ouchers therefor all bil!S paid by him for the printing and furnishing Democrat would be selected by one of these creatures for appointment.. 0 the various forms, blanks, certificates, etc. No man known and recognized as such amongst Democrats would ever Those of us who have seen the performances of the old c~rpetbag be so nominated, and if one should by any chance he appointed he gang at the South, those of us who have seen the vouchers .which have would never be assigned to duty,. been pres~nted to our so-called State governments and pa1~ nnde.r .re- Under this bill, then, this supervisor of opposite politics must be co.nstruct1on fro~ the money of the people, know wh!l't this prov1s1on doubly dependent upon this chief, once for his appointment and once w~ll ~ean,. esl?ecially when ~ei:nbers o~tbat old set, as rn m~ own State, for his assignment to duty. When we remember these fact.a, and in ad- will, if this b~ll passes, ad~mlSter t~lS l~w. The tr"1~th is, ~h~ we~l dition thereto that the statute itself, which the supervisor is sworn to kno~ au~ac1ty of the chief supervis?r 1!1 ~rkansas is exh1b1ted ~n support, in terms requires that the supervisor shall be "subject to the sei;m,g notice on the country, before this b1ll 1s passed, of what he will instructions, direction.ci, and detail of the chief supervisor " it is easy do if it should become a law. to believe that there will be no such independence in th~ conduct of . AJ?po~nted in October last, with practically no d~ties to perform, he such supervisor as will interfere in the slightest degree with the par- is said, m the newspapers, ii? have presented a bill for $6,036.95 ~1- tisan zeal of the chief, This would seem to be power enough to place in ready ~nd ~o have demanded it.a payment. There ha.s !1ever been a c~1ef the hands of one man; but as if there might possibly be some honest -supervisor m ~hat State unt~ now.. ~nd, Mr. President,, I find ma man appointed by accident or mistake, and who by some oversight ne~spaper which I have r~ce1ve~ "'!1thm the l~t J:our, pnnted ~t t~e might be assigned to duty and who might not be subservient to the ~p1tal of my State, .a lea~mg daily JOUrnal, an itemize~ acco~t of t~IS wishes of the chief, the bill invests that functionary with the power bill rendered by this chief supervisor. The second item m the bill to remove such supervisors as in his opinion are "incompetent" or reads thus: whose ''habits shall be deemed· prejudicial, etc., to the service." Preparing, furnishing, and forwarding 1,360 copies of instructions to It is clear that the chief supervisor is to have full power not only of l,360supervisors, 31 folies each, at 10 cents per folio ...... $5, 053. 00 selecting his political friends, but those of the other party as well, and Here is an officer recently appointed where there has been no neces- · in addition is clothed with power to insure obedience to his will by sity for his appointment heretofore, where there has never been any having the power of removal hanging over the heads of his subordinates. complaint of any defective understanding, amongst supervisors of their To round out and complete his power, section 23 provides that the duties when the law has been upon the sfatute book for twenty years, chief supervisor shall, not less than fourteen days before an election, and yet this man charges the enormous sum of $5,053 for his personal submit his estimate of the amount necessary to cover the pay of super- 1services in preparing instructions to be given to supervisors who under visors. The marshal must immediately transmit this to the Attorney- stood their duties perhaps as well as he did and did before the instruc General, whose duty it shall be to at once forward the money. There tions were offered. This amount of $6, 036. 95 is but an illustration, is seems to be absolutely no limit to this power to draw money, no check, but an item to show the enormous sums of money that will be dc no supervision; but when estimated for by thechiefsupervisoritmust manded under the provisions of this bill if it shall become a law. be deposited. To meet this demand a perpetual appropriation is made 1\fr. PASCO. I should like to ask the Senator from Arkansas if he which no future Congress can repeal and which is to continue the "sup- can tell whether those instructions were written or printed. ply" to this kingly office through all time. 1\fr. SPOONER. I should like to ask the Senator from Florida. to But this appointment for life, with the imperial right to select his speak alittle louder. We can not understand his question on this siile ... successor and freedom from all accountability to the people, with un- and we should like to hear him. limited power to appoint his subordinates and to discipline them at Mr. PASCO. !asked theSenatorfromArkansasto state, if he knew, pleasure, with practically a latchkey to the Treasury, does not seem whether these copies of the instructions were written or printed. to be enough for this new favorite. · Mr. JONES, of Arkansas. There is nothing in the bill to show Tbe bill provides for an absolutely unlimited number of special whether they were written or printed. · In the great number of 1,360 deputy marshals, who may be employed for eight days at $5 per day, copies there certainly was no necessity for having them written by any and to be paid upon their own account, verified alone by their oaths. man's hand. The instructions to be given to each one of these super One·third of this entire number must be selected by the marshal from visors must, under the law of the land, be identical, 'and the 1,360 copies n list made out by the chief supervisor, and all, every man of the whole of instructions must be precisely the same, and yet, for the preparation force, must be assigned to duty by the marshal under the direction of of these 1,360 copies of instructions to be sent out to supervisors where the chief supervisor. This prince of the blood royal is to command there has been no demand heretofore for any instructions, where the courts and marshal alike, and all are to obey. people have well understood the law: and where it had been executed I have read stories of the swarms of spies organized by the minions promp~1y and efficiently, this man charges tht;, enormous sum of $5, 053 of despotic power, how spies watch the people and other spies watch for his personal services in this respect, and in this way he accumulates them. Siberia is fu11 to-day of human beings who are the victims of a bill of $6, 036. 95 within a month or two after his own individual ap the malignity of these unscrupulous creatures. Such methods belong pointment. not to our.people nor to our civilization. They should find no place Ur. PASCO. If the Senator from Arkansas will further permit me, amongst the free, manly, open, self-respecting population of-this conn- I will state that I have been informed by a gentleman who has seen one try. But see the spirit of this bill. Its fundamental idea is that the of these copies of instructions that they were not written, but that they laws for watching the people, now in force, ''stop short of effective- were printed and t~at this large sum was charged for these copies that ness,'' to use the President's own forcible expression, and that the ''de- were printed and circmated. feet must be cured " by taking the elections out of the bands of the Mr. JONES, of Arkansas. I am obliged to the Senator for that in people and placing them in hands more' worthy of trust than theirs. formation. I did not know that fact, but the number would show that The people are declared by the passage of this bill to be unworthy they must have been printed. There has never been a chief super- 1890. CONGRESSIONAL RECORD-· SENATE. 409 visor of elections in Arkansas until this last fall. The practice has been demands of their political leaders that they have already inflicted a. to have the supervisors appointed upon the recommendation of the re- wound nigh unto death upon their party. Their own people are losing spective central committees of the two parties. This has been done faith in it and them; this proposition will facilitate that want of faith without the aid or intervention of a chief supervisorror twenty years and nnd hasten the day of its destruction. This bill, the Senate substitute, without expense, and there was no necessity for a change and no de- proposes to make a political functionary an autocrat to hold office for mand for it except that the scent of the prey under t.his bill had awak- life with the most absolute power of appointment and removal; and ened activity and the vultures began gathering where the carcass is when itis known to members ofthisbodythatthemenwho would be by to ba. · it placed in power for life have no scruples of conscience about anything, To render the chief supervisor absolutely independent of. any in- and thus their election will be considered an invitation to loot the fiuence that public opinion may have upon his minions he baa the treasury, what excuse can men give to reasonable constituents for sup power to move these creatures of his grace and bounty to any part of porting such a measure? I grant that the Senate substitute does not the district, and may, if he chooses, go upon one plantation and select r~ch th~ outrageous extremes ot the House bill, but the Senate bill is all of them for the whole district from one cluster of ignorance and absolutely indefensible, and when considered in connection with the stupidity. chara~ter and history of the men who are "now in office, 11 and who if Mr. President, have we lost all idea of local self-government? Do the bill passes will be in office for life, it is made infinitely worse. we propose to abandon the Inst vestige of local control of affairs? If The objects that different classes of pereons have in advocating this not, this bill can not pass. bill are various. The author of it doubtless looks to the personal ad- As if the iniquities already enumerated are not enough, still another vantage he is to get from the almost unlimited powers which it will is added to the category in a provision for a returning board which is confer upon him and the patronage and influence which it will give to be composed of three personsreceiving$20per day each, with theright him for life. The law as it stands, although in the opinion of the to sit for fifteen days aftier the election. These are to have power un- President of the United States it "stops just short of effectiveness," der this bill to declare the result of the election, and their certificate, has been a bonanza to him; under it he has arrested citizens by thou issued to anybody, is to be accepted by the Clerk of the House of Rep- sands, has committed some of them to jail without bail, and drawn vast resentatives as conclusive and to be received in preference to any that sums from the Treasury. What an immense prize the present bill will the people · can make by their accredited officers. be to him, how much it will increase his power to harass citizens, how The certificate of tne governor bearing the great seal of the State is much it will increase his pelf probably no one knows certainly except to be treated with contempt in the presence of that of this board, and himself. Unthinking colored people demand it because they imagine the Clerk of the House of Repres~ntatives is to be adjudged a felon and it will give them some sort of advantage as a race over the white peo may be fined $5,000 and imprisoned five years and be forever disquali- ple and will give them a new claim on the Federal Government and :tied from holding any office whatever if he dares to regard the certifi- more intimate relations with it. cnte of the governor of a sovereign State. The brood of vipers which were nurtured in the South under recon- The people of the States of this Union are not ready to bow so humbly struction laws-and which are locally known as carpet baggers-in the to this spirit of centralization as this bill assumes, but they will resent hey-day of their power deceived the North and robbed the South in a with an ardor worthy of their lineage this last and extremest effort to way that challenges credulity. When the greater part of them 11 folded rob them of their liberties. their tents and silently stole away," a few of their number, as a rule But the crowning infamy of the House bill, that one proposition the less adventurous and less manly t)f them, remained. These have against which the Senate committee even rebelled, was the proposition never ceased to hunger for a return of the old times when their open in section 38 to provide for a jury commission. While in all other parts handed robberies were protected by a strong Government and when the of the bill there has beeu a pretense of fairness and partisan impartiality law wa..q only for the oppressor. These have made a living in a preca in placing upon each board of three persons at least one of politics Irious way by controlli:bg in the main the votes of the negroes, by as different from the others, in this that feature is conspicuously absent. suming to be Republican leaders in the absence of anybody to contest Here all may be Republicans, and these Republicans, having unlimited their claim, and by holding offices by Federal appointment. Their im discretion, could and would select juries to suit themselves. position upon the credulity of the negro has been their chief " visible In the midst of the most violent a~itations the nonpartisan cbarac- means of support," and this they have carefully kept up. But in this ter of the courts has been the boast of our people. The right of trial they are now threatened with a change. by an impartial jury has in this country rarely been denied, and when The great body of the colored people live in the Southern States and such cases have occurred they have been felt to be a shame, a burning amongst the Southern people; theyareemployed by them, theylive on disgrace. ' their plantations or on neighboring farms of their own, and they are Never until now has any body of men assuming to represent the in their houses as servants. They depend upon them for employment, people ever declared themselves in favor of deliberately packing the . for advice, and for counsel, a~d they rely implicit!•- uvon them in the juries as this bill does. 'l;'here are members of this body whose in- trouble. · temperate partisan zeal seems to me to drive them to unreasonable There is now growing up a widespread feeling amongst them that, len.e:ths at times, but I am happy to know aud proud to say that I do as they trust and rely upon Southern people in all else, there is no not believe that this body could be induced or driven into this step. reason why they should not listen to them in politics. For years it Trained ln.wyers, men who have made our system of laws a lifetime has been true that there could be no term of opprobrium so galling to study, will not, no matter what partisan considerations may move them, a colored man ns to have one of his race sneeringly denominate him permit so much as a suspicion of unfairness to enter into the selection "a white man's nigger." of our juries. The disgrace of this epithet applied to no relation between white Apprehensions have been expressed that if this bill should go to a and black except to voting for a Southern neighbor by a colored man conference the Senate would yield U,POn this point. I have too much or voting in the same way that his white neighbor did. It seems in faith in :µien to believe that. I do not care bow ultra a man may credible, but the truth is and has been for years that the great body be in his feelings, our people are Americans above Republicanism or ot the colored people, while living with the whites on the best and Democracy, as mere party terms. I have eeen gentlemen go to what most quiet terms, have steadily voted on the opposite side for no other seemed to me to be unreasonable lengths to accomplish party ends, reason than that they were taught so to do by the carpetQagger. Un but I believe that there is scarcely a member of this body who would der their influence they steadily vote against those they trust in all else. go to such an extent as to touch. the absolute impartiality of our juries This does not come from native perver!tlty in the negro, nor from ma. to obta:in any partisan advantage. That great right, the palladium and lignant hatred for his white neighbor, for the negro is not malignant sheet anchor of our system of govemment-ay, of our civilization-has and does not bate his white neighbor, but on the contrary he wishes been preserved pure and unsullied for centuries, sometimes through rev- him well an cl rejoices in his prosperity. It all comes from another olution and blood and often in the midst of party passion and re- cause. . . ligious fanaticism; it has come down to us unsullied from those who Immediately after the war closed the newly acquired freedom came have gone before, and we will hand it down to those who come after us at the same time that the carpetbaggers did, and tho average negro as we have received it. If we could be so base as to abandon this great was easily made to believe that the one was responsible for the other. principle the very stones of this Capitol would rise up in mutiny against They were then by the carpetbaggers organized into secret lodges, our sacrilegious act. The American people will not tolerate this out- sworn to vote the Republican ticket and to listen to no white man rage, and those who represent them will not dare try it. talk politics, and they were so impressed with this in the very dawn 1t1r. SPOONER. The Senator from Arkansas will allow me to say of their independent life that they have never completely shaken it off, what perhaps I ought not strictly to say, but I will venture to say it, and up to this time a handful of the old gang remaining have been that there was no division in the committee upon the proposition to able to control the largest part qf them. . strike out the jury feature. Now, h9wever, havin~ been free fo'r twenty-five years, some of the .Mr. JONES, of Arkansas. I have just stated my absolute confi- more intelligent and manly of them are beginning to think for them" deuce that a provision of that sort could not pass this body. So far as selves and act like freemen, are considering what their white neigh ! am concerned I would be satisfied that it could not be passed even hors say, and when convinced are going with them even in politics. by one political party of this body. I do not believe that there are This fact is one of the causes of this bi.ll. The desire of its advocates haJf a dozen members of the body who could be induced to support it. amongst the carpetbag gang is to restore the olcl feeling of distrust Ilut the majority in the Senate have gone so far under the partisan and bad blood, to break up the increasing feeling of trust and confidence 410 CONGRESSIONAL REOORD-SENATE. DEOEMBER 13,
growing up between white nnd black. It is with them a device to give them as their best friends, go to them when they are in trouble or the old gang a new lease of influence over the negroes. want a favor, and they are always h.'indly treated and protected. But Their purpose is to enable themselves, unscrupulous wretches, who let that white ftlend become a candidate for any office, no matter how live by working upon the fears and am>rehensions of the negroes, to humble or remote from political consequence, and nt that instant the incite, by every means which a devilish ingenuity can frame, race an old carpetbagger's tnition comes sharply to the front. tagonism and race antipathy. It is on their part a fiendish plot to in In many of our counties the negroes have the majority and elect the cite these prejudic~ and to promote race conflicts, hoping for personal officers who administer our county affairs. When they elect honest and partisan advantage from the commotions thereby produced. and competent.men there is no trouble. In many counties compromise Mr. President, very many good people have been persuaded that a tickets are elected which are satisfactory to all classes; there is never most disgraceful state of lawlessness exists in the South and that South any trouble while either of these two courses is pursued. But when ern whites do little else than plan and execute schemes to murder, rob, the negroes undertake to elect drunken ignorant brutes to office, not and outrage negroes, that the negro's life is not safe, and that he has because they are competent but simply because they are negroes, and no protection in the courls. If this is true or half true, if there is a the intelligent, liberty-loving, and law-abiding people, the property state of society even approaching this direful state of things, then of owners, know that such election means the most profligate conduct, the course every negro so living in dread of his life, the victim of system waste of the revenues, and that, unchecked, all property and all law a~c outrage, is looking anxiously about for the means of escape from will be absolutely destroyed, then trouble comes and it would come, llfr. his present unhappy surrounding. If this state of things does exist, President, under a like condition anywhere where the Anglo-Saxon then there would be a strong appeal to the sense of humanity, to the race has a footing. Massachusetts or Kansas would bo no exception, sympathy of all good people, to provide them some means of escape. and Vermont would not submit a.s patiently as we have often done. But no such state of things exists. The negroes are not persecuted, It is to the interest Df the white people to have peace and quieti they outraged, and wronged as charged, and they have no desire to leave earnestly wish to do so. and, as I have said, the great body of the people their pre.sent homes. True, in some of tho Southern States, owing to have it now and ask only to be left alone. a.ilure in crops, 1.n.rge numbers of them are moving, looking f9r more fer The great difficulty with that element among the negroes who cause tile lands to cultivate, but they are flocking, notintothe North,butinto trouble is that they forget they are American citizens in constant at the more western Southern States, into those States where, if we are to tention to the fact that they are negroes. Talk with them, and their believe the stories circulated in the North, they are subjected to the leading idea ofgovernment is not the having ofgood, stable, nod uniform grossest outrages. The great North lies nearer to these people than laws, but their governing idea is to get offices for negroes. The wrongs the sections of the South to which they are going. The lines of travel they complain of are that they do not hold office or sit on juries. They are well known, the journey would be one of only a few hours' dura have the greatest ambition of this kind, not for any capacity to fill tion, no risk would attend it, and yet the thousands upon thousands these positions, but because of a certain prominence it gives them in of colored people who are going from Virginia, North Carolina, and their own eyes and in that of their fellows. South Carolina take the long journey to Mississippi, Louisiana, and I have personally witnessed instances in my State of a complicated Arkansas rather than to the great North. lawsuit involving nice questions of fact, and on the jury nine or ten Oppressed and outraged people seek their friends; and the negro out of twelve jurors were negroes, not one of whom could repeat the knows that, while his Northern Republican neighbor is his friend for multiplication table or sign his name. Litigants seeing such beings as· "campaign purposes," for sympathy and help he must look to and sem bled to pass upon their rights will make any settlement rather than rely upon the people of the South. It is strange that the plain com h::n·e their rights adjudicated by such a tribunal. Still the negro loves mon sense of those who think does not bring this fact homo to every to force himself into this disgraceful prominence. No Northern com one. Here is an unanswerable demonstration of the falsity of the munity would stand this, yet ours does. charges made. Our ancestors, to escape persecution, braved unknown With a negro the prominent idea. all the time is that he is a negro seas, penetrated forests filled with savages. Then, if these people are and opposed to the white man. In Hayti, the negro republic, a white persecuted, why do they nQt fly to this asylum, the North, so con man is not allowed to own land, he is absolutely proscribed, and in venient and so easy of ace~? That there is sometimes a negro killed that country, where the negro has undisputed control, the tendency in in the South is just as true as that there is sometimes a white man everythin~ has been downward all the time until now there is simply .killed in the North; that sometimes at rare intervals and in widely no hope for that beautiful and most fertile land. scattered localities, excited by some act of brutality, a mob is formed Unrestrained local ne~ro majorities will bring the same result here. and an outrage perpetrated is also true. But these things are the ex Under our laws the only restraint to he imposed upon them is their ception, and the rare exception at that, and are more heartily con increasing intelligence. We have the deepest interest in doing this; demned, if posfilble, by the great body of the people South than North. when this fails violence is likely to occur. Then the best interest of Mobs are not confined to the South. Numbers considered, I have no all classes in the South, of all parts of the country, North and South, doubt they are just as common North as South; but suppose they are are served by undertaking to make the negroes understand that peace somewhat more common South than North, something must be allowed able fraternal relations with their neighbors are the best for them in for our peculiar and extraordinary situation. stead of teaching them that their interest lies in the other direction. Mr. President, I am not speaking in temper nor in partisan zeal, but The history of the world shows that the Anglo-Saxon has never been a.s an American citizen, as one who loves his country and earnestlj dominated by any other race, and history will repeat itself here. The hopes for its highest and greatest good. I am trying to call the atten man who teaches the negro t.o resort t.o violence in his dealing with tion of thinking men to a sober consideration of the truth as it exists. his Southern neighbor is his enemy and is teaching him to tempt fate. Those with whom my lot was cast from 1861 to 1865 made a record All this agitation about the negro problem, all these books, these for endurance and bravery of which I_ believe in the time to come all speeches, the newspaper sensational articles, are all doing the negro Americans will be proud. Poorly armed, badly fed, ragged often, al great harm. ways without tents or other comforts, they endured privations, stood It is kept up from two opposite points of view, and both l;lre, in my b,Y their colors, remained with their comrades, and did their duty like opinion, erroneous and hurtful to every class and every interest. men, like heroes to the end. But creditable as was their course in this While one class of people is asserting that the negroes are unjustly period of our history, the truth is, as everyone knows who saw it, that treated and thnt the Federal Government ought to interfere for their a higher degree of courage and devotion to duty was exhibited by these protection, another class is attempting to excite apprehension at the same men in submitting to the impositions of reconstruction, of en South by asserting that the rapid increase of the negro, growing pro during the flagrant outrages heaped upon them by the unscrupulous portionately more rapidly than the whites, threatens to overrun the rascals who deceived the people of the North while they plundered, southern section of the Union and perhaps ultimately the continent. robbed, and murdered those of the South, than they exhibited in the The race to which we belong has never been overcome in any contest, struggles of the war. whether in the arts of war or those of peace, and neither we nor our They had surrended in good faith, had accepted the situntion, wnnted children will be overrun or subjugated by the negroes. peace and rest, nnd felt that they could endure for a time, believing In the course of a speech upon the negro question some months ago that the truth would become known at last, and that justice would be the Senator from Kansas [Mr. INGALLS] used the following language: done. The negrocs were then for the first timemadecitizensj unedu Let mo state, Mr. President, the o.rithmetfc of this problem. In lBGO there cated, ignorant, with the narrowest possible horizon, they became were4,4S0,000negroes, slave and free, in the United States; in 18i0, 4,480,000; in 1880, G,580,000. The increase from 1800 to 1870 was 40,000, and from 1870 to 1880 it completely the tools of these miserable adventurers, and theirprej udices was 2,100,000, an increase which I may say, in passing, I believe can only be became fixed that in all political matters the Southern white man must accounted for upon the theory of o. deliberate, premeditated, o.nd intentional always be opposed by the negro. Does it appear strange to you that fraud upon the census. This would make an increase for the lo.st decade of 35 per cent.. , wh11e the entire population of the country increased not quite 30 per we do not want a return to those times? Do you wonder that we re cent. in that intervn.1, immigration included. In Louisiana. the increase was Bist an effort to restore all this? Go through the Southern States 119,000, while the whites increasc~l b:iit 92,000. In Georgia the increase was 178,000 where you will and you find the colored people contented and happy, whites and 180,000 blacks. In l\11ss1sslppi, about which I sho.11 havo something to say hereafter, the incrense was 97,000 whites o.nd 200 000 blacks. In South and, whether living on plantations or in the towns, the best possi Carolina it was 102,000 whites and 189,000 blacks. ' ble feeling existing between the races. But whether this extraordinary and unprecedented inareo..so was due to a In our little towns almost all the mechanics are negroes. There is desire for additional representation or not, it may be admitted that the numer ical increase of the colored race was undoubtedly considerable, and it may be no jarring, no friction, no bad feeling, no strikes, no lockouts. Many conceded, I think, that with the improvement in their physical condition and of these negroes are strongly attached to their white neighbors, regard their observance of the laws of longevity the ratio will pro!Jably grow larger, .1890. ' CONGRESSIONAL ~RECORD-SENATE . 411
so that by tho cJose of this century there will possibly be not less tha.n fifteen litical information and is an honor to the Senator who made it. I millions of the black and colored races upon this continent. quotehistablesandregret that I cannot also incorporate his sound argu This arithmeti~ of the distinguished Senator needs to be ~~vised. A ments drawn from them. gentleman whose forms of expression naturally assume the picturesque From the census of 1880 and later estimates of the population and the official is often unfortunate in attempting to handle figures. They are stub returns of the Presidential elections of 1880and1888 I have prepared statements born things n.nd are calculated to let in the light even when it is not of the number of silent voters in each State at two different periods to aid in intended. I find the following instructive table in ~n article on the mo.king this investigation. . . These periods have been selected because tho census and estimates of popu• negro by Hon. Francis A. Walker in the British Encyclopedia. lation of the different States wcro taken s.nd made so near to the elections th.at This table shows the total colored population in this country from the nnmber of silent voters ea.n be determined with reasonable accw·acy. 1790, as shown by each census report, to 1880, together with the per· The first statement is based upon the election'of 1880 and the census of the same year. The silent voters of that year are arranged in two columns, according cenfage it beara to the total population. It also shows the percentage to the vote of the States in the last Presidential election. , This arrangement has of increase in the colored population iu periods of ten, twenty, and been adopted so that an easy comparison might be made with the results in 1888, "' thirty yerm;, up to 1880, which, I think, will be found quite instruct· which appear in a second statement. For obvious reasons the new States have not been considered in making up ive. nny of these tables. It should be borne in mind that the importation.of negroes as slaves was permitted up to 1808, and perhaps after that for a time ilUcit im Number of silent votersin . portations were kept up. ~ d Males twen- Total yote Stateshavingmajorities ~ '5 ~ ty-onc y~ars in Presiden as below. This table is conclusive that this branch of the agitation is as erro States. "O Q) > and more ti t' • ~:;;: in 1880, as a 1 e 1ec ion, 1------neous as the common sense of the situation shows the other to be. The 1880 negro is not increasing as rapidly as the white, and the rate of increase ~.., per census. • Democratic. Republican. ~--~-~~1 -- is being lowered with each P.assing / 412 CONGRESSIONAL RECORD-· SENATE. DECEl\ffi~R 13, Taking the same three groups of States as before, we ascertain their condi tion as compared with the result in 1880: Silent Groups. !:Ef:: voters. tives. . Repre- Silent l Groups. ~~~~~~~~~~~~~~~~~~~~~~~~~; r:::.- voters. SOUTHERN STATES-eontinued. Louisiana...... 6 113,044 NEW ENGLAND STATES, Texas ...... 6 138,898 4 76, 748 l\Iaine ...... 62,SOO Arkansas ...... 4 2 13, 707 10 88,521 New Ilnmpshire ...... Tennessee •...... ••...... •...... •...... Vermont ...... 2 321860 l\Iassach usetts ...... 12 241,512 Total...... - •...... 73 1, 034, 329 Rhode Island ...... 2 43,834 4 36,772 Average number to the Representative...... 14, 169 Connecticut ...... : ...... === Total...... , ...... 26 430, 48.5 WE.STERN STATES. Total in 1880...... 407,863 Oregon.:...... 1 18,813 California...... 4 165,226 Increase in numbers...... 23, 122 Nevada...... 1 12, 912 Colorado ...... 1 40,076 Average number to the Representativ~...... 16,557 Nebraska ...... •...... 1 41,687 Average number in each district in 1880...... 14, 548 Kansas ...... ;...•...... •... 3 64,695 Increase in each district ...... 2,00CJ Total ...... --11-1 343, 409 ==='===== SOUTHERN STATES. • Average number to the Representative...... 31,219 Virginia ...... •...... •...... ••.. 10 71,807 North Carolina .••...... •...... •...... •...... 9 61, 967 · . f : South Carolina ....•...... •...... •....•• ...... •...... •...... 7 198,539 The second sta.temen t is based upon the census returns and estimates o poh- Georgia ...... 10 2"22,371 ulation furnished by public officials of all t!ie-differe:r ~tates and publis~ed n Florida...... 2 86,559 the World's Almanac of 1889 (page 169). It 1s as;mme t at the number o p~r- Alabama...... 8 134,600 1 - :~~~ W~~db~~~stlb~ ~~~g ~~P~!~t~~nt~hee:~ti~=e~tyttla~fo~e~r~::gt~~:~s\~ l\Iis~i~&ippi ······ ········ ...... 7. 1158,223 • P P . :P P d Lou1s1ana ...... ··· 6 138,246 did In 1880•. The numb!lr of. maleds o~ vot1hng ~gde ifs thenfficn.lcula.ted 11n f tthhe Texas ...... •...... •...... · ...... •...... 11 134,687 1 5 102,952 i-rU:~:n~fni~j~~~~t~n~~st~~~~on~~~e~c:'a;ak~ t~: ~u~b~r ~i'R!'sr~sent~ Arklmsas .....•...... ··· ········· ··· ··· ···•·· ... ······ ······ ······ ·····•··· ··· ····· 10 60,824 atives in each State is also given, and in the last colu~n the average nu~ber of Tennessee ...... ···········•··························································· silent voters in each Congressional district of every State : ~~~:~ 1~·1ss<>:::::: ·:::::::::::::::::::::::::::::::::::::: .::::::::::::::::::::::: ...... ~.. i: ~: ~ J. .... ~ .... c 0 Q> Silent vote of 1888. Increase in numbers ...... :...... 282, 946 . Q> a>CJ.J drn.:l a~ Cl.a! blllll Q .t:i ::;? Q) ... CP ... WESTERN STA.TES. .... alep Ill ooo ~00 Oregon ...... 1 23,379 a =~"" Q> ~~~ ;:l ... .:: > Q)• ... California ...... (j 262, 921 z ~a5 ~ ~ ~ ... -o Nevada ...... 1 17, 558 ~ """ Colorado ...... 1 76, 792 174, 100 134,600 Nebraska...... ~ ...... 3 196,708 .AJ.a.bama ...... 8 308,700 16,8'>..5 Kansas ...... 7 73, 908 Arkansas...... 5 258, 920 155, 968 102, 952 ················· 20, 590 Ualifornill•...... 6 514, 260 251,339 ·······262,······ 921·· · · 43,820 Colorado...... 1 163, 590 91, 798 ················· 76, 792 76, 792 Total...... 19 651, 266 Connecticut.••...... 4 190, 750 153, 978 ······35;·;fri' ...... 9,193 Total in 1880...... 343, 409 Delaware""············ 1 39,183 29,737 9,396 9,396 Florida ...... 2 103,200 66, &il 36,559 .·····...... ············ 18, 279 Increase in numbers...... 307,8157 Georgia...... 10 365,810 142,9.39 2..'>2,371 ················· 22,237 20 970,850 747, 686 158 Average number to the Representative...... 34, 277 Illinois ...... 223,164 11, Avera.go number in each district in 1890 ...... ••.••• ...... 31, 219 Indiana. ..••..•..•...... 13 629, 880 536, 949 ·················...... 92, 931 7,148 40.J,140 57, 210 5,210 Iowa ...... ll 461,350 ·· ··············· Increase in each district...... 3, 058 Kansas ...... 7 · 405,080 331, 172 ················· 73,908 10,557 Kentucky...... 11 502,020 344, 781 157,239 ················· 14,294 Louisiana ...... 6 253, 990 ll5, 744 l&>,246 ······52,-300· 23, 041 The following table exhibits the actual representatfon of the States in the Maine ...... 4 190, 550 128,250 '"""€2;i59. 15,575 Ilouse of Representatives as determined by the popular vote in 1888 n.nd also l\Iaryland ...... •...... 6 273,080 210, 92t ···········-···· 10,359 the representation as it would exist had the States been divided into disti:fcts l\Ia.ssn.chnsetts ...... 12 585, 000 344,448 ...... 241,512 20,126 in such a way as to give the minority in every case the benefit of its proportion l\Iichigan ...... :..... 11 627, 300 475,313 ...... 151,987 13, 817 ate voting strength. In making this estimate, where fractional results occur l\!innesota ...... 5 341, 780 263,306 78,474 15,694 the preference has always been given to the largest fraction. This would be Mississippi ..... " ...... 7 274,030 115,807 ····158;·223· ...... 2'...!, 603 the actual representation in each State in the absencA of all gerrymandering if l\Iissouri ...... 14 686,370 523, 198 163, 172 11,655 the distribution of the population rendered it possible to construct districts Nebraska...... 3 399,330 202,622 ················· .. .. 100:·7oa· 65,56!> absolutely fair. The result shows that the gain of Democratic votes in Repub· Nevada ...... 1 30, 190 12,632 ...... 17,51'>8 17,558 lican States would exceed their loss in States in which the Democrats themselves New Hampshire..... 2 104,15:10 90, 833 13, 707 6,8.53 are in the majority, and that had such o. division of the votes been made upon New Jersey...... 7 388,050 303, 741 ...... fil:·309·· 12,044 nn equal basis, giving the minority the same rec!)gnition as the majority, the New York ...... 34 1,801,520 1,320,109 .... 48i;'4il' 14, 129 Democrats would not have lost their ascendency in the Ilouse of Representa· North Carolina ...... 9 347,440 285,473 ······5i:·oo=r 6,885 tives. OWo ...... 21 l, 163, OiO 841. 941 ...... ····32(i'29· 15,2~1 Oregon ....•..•...... 1 85, 290 61, 911 ...... 23,379 23,379 Pennsylvania..•...... 28 1,382,040 997, 568 384,472 13, 731 Representation Rhode Island ...... 2 84,600 40, 766 ················· 43, 834 21, 917 of States in Representation as based on South Carolina...... 7 278, 100 79,561 .....i98',·539· ...... 28,362 Fifty- first Con Presidential vote of 1888. Tennessee 10 304,000 303, 736 60,324 ...... 6,032 States. gress. Texas ...... 11 49::!,200 357,513 134,637 12, 24 4 Vermont...... 2 95,800 63,440 ······3(800' 16,180 Virginia ...... 10 304,093 ""'"7i',"807' 7,180 Demo- Repub- Demo-1Repub- Prohi- Labor 375,900 ...... crats. licans. crats. licans. bition. • W!lst Vi~ginia ...... 4 180,010 159, 188 20,822 5,205 W:isconsm ...... 9 439,200 354,614 ...... ·················84.,586 9,398 ------:---- ___ ,_------'-- Alabama...... 8 5 3 •...... •.... ll,388,006 1, 8.5J, 144 2, 920,343 Arkansas...... 5 3 2 ...... 1, 8.54, 144 California...... 2 4 3 3 •••·•••••••· ...... Total number of Colorado...... 1 ...... 1 ...... silent voters..... ==.r.·:::·:.:= ...... 4, 77-1,487 Connecticut...... 1 3 2 2 ...... Delaware...... 1 1 ...... ;...... Florida...... 2 1 I ...... TWs statement brings us to the condition of inequality ofreprcsentation ex isting as nearly as possible at the time when the great political parties of the ?ifi~~~~~:::::::::::::::::::::::::::::::::::::: l~ ...... 13.. b· lg ...... :t :::::::::::: country bad their last contest. Indiana...... 10 g 6 7 ...... One of the most unwelcome facts demonstrated by this last statement is that 10,vo...... -;...... 1 1 5 6 ...... •...i the silent voter is increasing in every section of the country. Kansas...... 7 2• 4 The following results appear from this statement: No. of silent voters. E:~i~~~r::::.:·.~·:::::::::::::::::::::::::: g i ~ g :::::::::::: :::::::::::: In twenty Republican States ...... 2, 920, 343 In eighteen Democratic States ...... 1, 85J, 144 ~i:~~~;;;;;i::::: ::: :::: ::::::::::::::::::::::: ...... 4. ~ ~ ~ :::::.:::::: :::::::::::: l\rassachusetts...... 2 10 5 7 ...... Excess in Republican States ...... 1, 066, 199 Excess in Republican States in 1880 ...... ::...... 403, 443 ~l~~i;s~1~:::::::::::·:::.:::·::.:::::·.. :·.::: .... L.~. ~ g r ...... ~.. :::::::::::: *This indicates the party to which the ndditionn.l member would belong if the Increase in eight years...... 662, 7156 third-party vote is omitted and the next largest fraction taken instead. 1890. CONGRESSIONAL RECORD-SENATE. 413 State, throua-h the entire region which they inhabit, ns a. constituent unit with· Representation out regard to judgment, thought, ''r opinion, and to use this vast power with of States in Representation as based on out responsibility, Fifty-first Con· Presldentinl vote of 1888. gress. The lawless set who under the carpetbag government controlled Stateo. things in the South did not scruple to do anything, and it is well known Demo-IRcpub- Demo- Repub- Prohi- L b that the same set of unscrupulous and unprincipled advent11rers and crats. lica ns. crats. licans, bition. a or. plunderers can be trusted to repeat their old practices if they can be ------''----·1----1------given the power. . 11Iississippi...... 7 ..•. -...... 5 2 ...... It is well known that the Republican party intended to make the Missouri...... 10 4 7• G ...... South solid by the reconstruction measures and the enfranchisement Nebraska...... 3 1 2 ...... Nevada...... 1 ...... 1 ...... of the negroes. They did make it solid, but the injustice of the Gov New Hampshire ...... 2 1 1 ...... ernment, the gross outrages of their minions in power, so exasperated New Jersey ...... 3 4 4 3 ...... all classe.s of white people there that no matter whether of Whig or New York...... 15 19 16* 17 1 ...... Democratic antecedents, no matter whether Union man or Confederate, ~~[~~. ~.~~~~~~~.:::::::::::::::.::::::::: ~ 1~ lg 1i ...... 'l* :::::::::::: the feeling "that blood is thicker than water" made the South solid Oregon ...... ~ ...... 7... 11 ...... 12 ...* 115 ...... 1...... sure enough, but solid for good government and solid against Repub Pennsylvania...... 2 ...... Rhode Island ...... •...... 2 1 1 ...... lican misrule and injustice. This is another great partisan effort to South Carolina...... 7 ...... 6 l ...... make the South solid, and will, I hope, serve to make the entire coun Tennessee ...... 7 3 5 5 ...... try as solid for good government as the reconstruction laws did the Texas ...... 11 ...... 7* 3 1 Vermont...... 2 1 1 ...... South. ... This measure so forcibly illustrates the purpose of the Republican ~~~l~irgf~·t~· .'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'::::::.: : ...... ~. . ~ ~ :::::::::::: :::::::::::: party that it can but alienate all liberty-loving' men who have faith in Wisconsin...... 2 7 4 5 ...... the people and believe in a government by the pe9ple. As the law now st.ands and under it, outrages are constantly occurring. In my State -m-164 ~6* 1 ~1--51--32• during the late campaign and several days before the election, seven· ' -169 teen deputy marshals in a body, acting as a military organization, en l--i56" tered one of the counties and remained there until after the election. It was said that they passed their time in collecting negroes in crowds, *This indicates the party to which the additional member would belong if the third-party vote is omitted and the next largest fraction taken instt>ad. haranguing them and requiring them to sign a written obligation that they would go to the pending election and vote for the Republican nom The parties would then stand as follows upon this basis: Democratic, 163; inee for Congress, and after the signatures were obtained, to assure them Republican, 154; Prohibition. 5; Labor, 2. If the third-party vote is omitted and the fractions, upon which the represen that they would be prosecuted for perjury in the Federal court if they tation in each case is assigned to the Prohibition and Labor parties, are passed failed to vote. in favor of the next largest fraction, these votes will go al'I indicated by the In another it is charged that squads of deputy marshals, armed mark* in the adjoining columns, nnd the result will be: DemocraticRepre sentativP-s, 169; Republican Representatives, 156. with Winchester rifles, were sent to different polling places in a time This shows tlla.t in the di vision of districts tho Republicans have made net gains of absolute peace and quiet. I have asked to have the facts in these and not losses, and t.hat in fact they have a larger representation than they are cases reported to the Senate, and hope the country may soon have·of entitled to, notwithstanding their clamor against the Soutll and Democratic methods. ficial information of them, when I shaJl have something more to say about them. Quoting further from Senator PASCO I submit the following sum Such an exercise of authority as that just spoken of under the pre mary: tense of law is a disgrace and an outrage. It is a burning shame, and I cite instances of marked inequalities in Republican States, based upon of so far from serving to justify an extension of the lawitwill be held by . ' ficial figures in the Presidential election, which will make it manifest that that party bas not failed to improve its opportunit.ies, and that they are in no sense all loven~ of liberty to be an·argumentunanswerable infavor of repeal sufferers or victims under this system. · ing whatever of law there is to authorize such conduct. The Presi In California. 117,729 Democratic voters elect 2 Representatives, while 124,816 dent complains that the present law "stopsjustshortofeffectiveness," Republicans elect 4. Average number of voters to the Representative: Demo crat.le, 58,864; R epublican, 31,204. ;'difference, 27,660. because it allows the local authorities to certify their own elections. In Illinois 348,371 Democratic voters elect 7 Representatives, while 370,475 Re The sending of troops, of armed deputy marshals into peaceful publicans elect 13. Average number of voters to the Representative: Dcmo counties to stir up and incite race feelings and race prejudice when cratic,49,767; Republican, 28,498; di!lerencc, 21,269. In Iowa. 179,877 Democratic voters elect 1 Representative, while 2ll,5!J8 Re quiet prevails does not "titop just short of effectiveness." We see by publicans eiect 10. Average number of votes to the Representative: Demo actual experience what the power of appointing deputy marshals will cratjc 179,877; Republica.n,21,159; difference, 158,718. do. Now take one step forward to complete effectiveness and the de· In Jl;nsa.s 182,004 Republicans have 7 Representatives, while 147,313 voters not belonging to that party have no Representative of their political prin puty marshals will round up and swear the negroes, and the return ciples. ing board will certify in so effectual a manner as to stille elections and In Maine 73,731 Republican voters have 4 Representatives, while 54,516 voters pack the House of Representatives with people never elected. Such not of that party have no politlcal representation. In l\Ia&sachusetts 104,385 Democratic voters elect 2 Representatives, while methods are growing frightfully familiar to.Republican management. 183,892 Re\)ublicans elect 10. Average number of votes to the Representative: It has even been suggested that in pressing this bill the Republican Democra.t1c1 52, 102; Republican, 18,389: difference, 33,803. majority here will disregard the rules of the Senate, override the In Michigan 213,469 Democratic votes elect 2 Representatives, while 236,387 Republicans elect 9. Average number of votes to the Representath·e: Demo right of debate, and deny to representatives of sovereign States the right crat, 106,734; Republican, 26,265; difference, 80,469. to speak in defense of a free ballot and a fair count, or that they will In Minnesota.142,492 Republican voters have 5 Representatives, while 120,793 undertake to suppress debate by refusing to adjourn and thereby break voters not. of tllat party have no political representation. In Nebraska 108,425 Rcpublicnn voters have 3 Representatives, while 94,228 us down physically. voters not of that party have no political representation. If they will dare this in the Senate of the United States, if the bare In the great State of New York it takes toelecta.Representative: Democrats, will 42 389; Republicans, 34,105; difference, 8,284. suggestion can be made, they hesitate to invade any other tribunal? in Ohio it is as fo1lows: Democrats, 79,251; Republicans, 26,003; difference, I fear there is now no help and no hope against the violent and revo 53,248. lutionary methods of this party and their disregard of the interests of In Pennsylvania it is as follows: Democrats, 63,805; Republicans, 25,052; dif ference, 38,8153. the public except the power of the people. They have spoken once. I confine myself to inequalities in Republican States because it is that partv, This a a bill after it has been condemned at the polls,_and it remains for us, about. We had voted in committee to strike out the house-to-house claiming to be the freest and the most thoroughly representative gov- canvass contained in the clause in the eighth section, I think it is or · ernment upon the earth, to undertake to force a law upon the people the eleventh, or whatever that section is. When the Senator from Del which has been condemned by an overwhelming majority at the polls. aware was discussing this passage of the seventh section the Senator "Whom the gods wish to destroy they first make mad." And I be- from Wisconsin came into the Chamber and said, what we had all ngr~ed lieve that if in the exercise of mere physical force the majorityofthis to, ''All that matter has been stricken out," and spoke of this house body should force this measure through the rebuke received by that to-house canvass. I directed for the committee, in order that the Sen party last month would be a zephyr a.a compared to a cyclone with ate might have before them the matter, the bill to be reprinted with what would follow the passage of this bill It seems as if "the inso- that clause stricken out; but when we came to look at it we found we lence of office" has persuaded the members of the majority to believe were talking about two different things, aijd I so stated the next day, that they are the masters and not the ser'\"ants of the people. If the and stated two or three times, I think, in the debate since. leaders of the majority were not utt.orly incapable of forgetting any- I do not understand that these three lines in the seventh section nre thing or learning anything, it would seem that the result of the Into a house-to-house canvass. My attention having been called to that elections would not be thrown away. particular portion of the bill from time to time, I think it is.a reason- We are at this moment in the midst of a social and economic revo- able and proper provision that, where fraudulent registration hns pre· lution. He is blind to what is passing around him who does not see vailed to such nn enormous extent ns the Senator-from Maine [Mr. that the people, the great masses, are roused ns they have never been FRYE] described the other day in his brief speech, these officers should before upon any mere business question. The laborers in the trades, in have a right to inq nire at houses whether the man lives there i and that the mechanic arts, that great body of American citizens, the farmers, is all there is of it. If there is to be any legislative restraint on any are moving as they never have before-patiently, carefully, deliber- body to do anything to unearth and check fraud in the great cities that ately. They are now, and have for some time been, trying to under- provision certainly seems to be rational and wholesome, and I hope the stand correctly why their condition is such as it is. Senate will stand by it. The mnsses are studying political economy; they are mastering the M:r. GRAY. I do not think that I have been misrepresenting what theory and principles of government; they are learning that since the occurred either upon the day on which I offered tho amendment or the foundation of this Government there have been two great schools of day succeeding. I recollect very well what the Senator from Massa politics, the one the Democratic, believing in "equal and exact justice chnsetts said on that day and on the following day, and! assume that to all and special privilege to none;" the other the Republican-Feder- the clause in question is as objectionable now as it seemed to be on all alist, believing in a strong central power; while professing great regard sides when it was read again and again upon that afternoon. for the people, really not trusting them, and legislating always in the The Senator will recollect and the Senate will recollect that the interest of the classes against the masses. Against this policy there is distinguished Senator from Vermont [?tir. EDMUNDS], who was then a general feeling of revolt. This bill is an intense illustration of what in the Chamber, went to the clerks of this body and procured the orig issoobjectionablein thatschool ofpolitics, Thiseffortatcentrali7.ation~ inal report of the Senate Committee on Privileges and Elections and this attempt to violate the Constitution and gather into the National pointed out to the Senate the fact, holding that report in his hand, Government powers intended to be reserved to the Stat.es and to the that that particular clause, which was then read in the hearing of the people, was repudiated by the country in theelection in November, and Senate and of everyone who was then in his seat, thatthis sixth par it will not allow the Republican leaders to trifte with its order now. agraph of section 7, that particular language, had been left out of the Conservative Republican farmers who have been unwilling to leave bill by the Senate committee. their party will take on~ more step away when they see its course upon Mr. HOAR. It turned out to be a mistake, if the Senator will par this bill. Centrnliz.~tion will find no toleration with them. The don me, as it appeared by a careful inquiry at the Clerk's desk that ~~ ~liliician who hides the hook in the bait will find that he that part was not the thing which was stricken out, and it appears so cnn not always deceive them by his seductive arts. now. ,,. • In this bill you declare your want of confidence in the people; in Mr. GRAY. With all deference to my friend from Massachusetts, reply they will declare again, as they did-in November, their want of it could not be a mistake when the Senator from Vermont, holding the confidence in yon. The result is inevitable. The people are patriots original report in his hand, said and explained how it appeared by that and believe with all their souls in our Republic and in the honesty and report that that particular clause wus left out, and everyone seemed integrity of the people, and the party not in sympathy with those sen- to agree then. I know that the next day the Senator from Massachu timents is doomed. setts and the Senator from Wisconsin said that they were mistaken in The PRESIDING OFFICER (1.1r. BATE in the chair). The pend- regard to the clause which was to be stricken out, but it does remain ing question is on theamendment of the Senator from Delaware [?t1r. a fact upon the records of this body and at the Secretary's desk, if the GRAY] to the substitute reported by the Committee on Privileges and Senator from Vermont who read and interpreted the report can be re Elections. The amendment to the amendment will be read. lied upon, that that particular clause was reported by the Senate com- The SECRETARY. It is proposed to strike out subdivision 6 of sec- mittee as one to be omitted. tion 7 of the committee's amendment, in the followin~ words: • J\f.r. HOAR. The print of the bill shows what' the measure contains. Sixth. To verify in cities or towns having- 20, 000 inhabitants or upward, by Nobody has interfered with the official print of the bill. This print, proper inquiry and examination at the respective places assigned by or to those which was made by the Committee on Privileges and Elections, was registered as their residences, a.11 such names placed or found upon the regis· tration books, rolls. or lists as the chief' supervisor of elections shall require to made under the circumstances that I have stated, but the official print be so verified, and to make full report thereof to such chief supervisor. of the bill for the Senate follows the report, and that was made on the Mr. GRAY. Unless some Senator on the other side wishes to say responsibility of the clerks and of the printer and_ of everybody else something in respect to this amendment, I have a very few words to concerned. say in regard to it. If any Sena.tor on the other side desires to occupy Mr. GRAY. I should like to ask my friend from: Massachusetts if, the time, I shall very cheerfnly give way to him. upon the afternoon when that particular clause was read more·than The amendment offered by me was offered during the progress of once by myself and by the Senator from Vermont and commented upon, the debate which seemed to result in disclosing the fact that both sides he did not then think it was objectionable and that it contained within of this Chamber were opposed to the paragraph which I .have moved its body the power to clothe these supervisors with the right to visit to strike out; that is, the particular clause of section 7 of the amend- from house to house in order to verify registration; and, if 80, why is ment as it came from the Senate Committee on Privileges and Elec- it that he says now that it does not? tions, and there seemed to be a practical unanimity in this body in re- Mr. HOAR Because I supposed, as the Senator from Wisconsin did, gard to its improvidence and viciousness. that the Sena tor was commenting on the house-to· house canvass. I did The fact will be remembered by the Senate that in the copy of the not attend specially to the distinction between this clause in the seventh bill which was printed on the-evening I had the honor of offering that section, which merely authorizes a verification of the registry, and the amendment and laid on our desks tho next morning, that particular other section, which provided, as I knew, for a new house-to-house can paragraph of section 7 was omitted; and therefore I presume that there vass. will be no opposition to striking it out.. Hence I should deem it a Mr. GRA.Y. But, if the Senator will allow me, be will admit that work of supererogation to dwell longer on the objections which I of- the language of the sixth par~graph of section 7 was. read and that the fered to the Senate and which seemed tomeetwithsohearty and unan- Senator himself had before him a copy of the committee's amendment imous response from all sides, and it is not worth while to occupy the with that paragraph in it, and had it before his eyes when he believed time of the Senate in reciting again, n.S I did then at some length, what it was obnoxious to the criticism then made upon it. seemed to me the objectionable features of that part of the bill. So I Mr. HOAR. Mr. President, I make my statement once for all upon assume that there will be no opposition in striking out this paragraph, my responsibility as a Senator, and I wish to have it understood that and we may as well vote upon it. I am not going to debate it every morning with the Senator from Mr. HOAR. Mr. President, I suppose it will serve some purpose in Delaware. I have stated I think a dozen times, and I will now stato the mind of the Senator from Delaware or other gentlemen on that side for the thirteenth, that I did not give attention specially nnu carefully of the Chamber to repeat this matter again; but the Senator has been to the language of the sixth clause of section 7 whc~ tb~tdiscussion informed a great many times that what occurred at that time wiis came up, and I supposed, as the Senator from Wisco~sm did, thnt thnt the result of a misapprehension by the Senator from Wisconsin [Mr. was the matter which we had agreed should be stricken out; but on SPOONER] originally of what the Senator from Delaware was talking. examining it more carefully at night, after the Senate had adjourned, 1890. CONGRESSIONAL RECORD-SENATE. 415 I saw, and I said to the Senate the next day, that that provision was conspicuous example and the only one that came to me, and I read it only a provision for verifying the registrati(}Il by an inquiry, and not to the Senate. for anything in the nature of a canvass; that it only applied to a case Mr. GEORGE. Did the supervisor in New York n,ndermke to cor- where there was doubt whether a person resided at the place where his rect the registration? · nnme was put down at the time of registration. Mr. GRAY. I do not know what was done upon that point. I can Now, if the Senator from Delaware wishes todebatefurtherthe pro not answer the Senator. I think that it would be well to take the priety' of that clause, we will debate it, and we will vote upon it in sense of the Senate upon that clause of the section and see whether it the Senate. That is one thing, but I do not see myself that anythin!! is to be really left in this bill after the expression of abhorrence that is to be gained by insisting that it shall be stricken out because some was made by a number of Sena.tors on the oth~r side to any such meas body made a mistake about it the other day. That is the whole of the ure being in the bill or in the amendment. case as I understand it. The PRESIDING OFFICER. Is the Senate ready for the question Mr. GRAY. Really, Mrr President, I do not wish to involve my on the amendment of the Senator from Delaware to the amendment friend from Massachusetts in any maze of inconsistencies for the sake of the Committee on Privilege.a and Elections? of involving him in them. I understood that he said he was mistaken. Mr. HOAR. l\Ir. President, I propose to say what I have to say That was the-expression of the Senator from MllSSachusetts. But I wish about this bill in the present debate a little later, and I shall have to submit to the Senate and to that side of the Senate, if they agreed something to say about this clause as well as other clauses of the bill. with him then that this lnnguage, which was read several times dur But I wish simply to say now that it is a notorious fact, if the Senator ing the course of that debate, had in ittbe possibility of being construed from Delaware has read the history of the New York elections; ns I to give a power of dol_Iliciliary visitation, whether it is not proper that suppose he bas-- · it should either be stricken out or so amended as to preclude such in Mr. GRAY. I have. terpretation by any means being put upon it. I am willing, therefore, Mr. ROAR. It is a fact whlch he knows, I suppose, as well as I do, to submit that question to the Senate, believing, as I said just now, and which I suppose every Senator knows perfectly well, that a custom that furtP.er debate is not required on that point, and in full confidence has existed in that city of taking vacant houses or houses not vacant that the opinion generally expressed then will be sustained now and and having persons registered by the hundred, bythe thousand, who that that clause will go out. do not live there at all, going there sometimes and sleeping on mat I do not wish to detain the Senate or take up time on anything of tresses for a single night, the night of the registration, who swear that that kind; there has been a great deal said about it, but I believe that that is their residence at the particular time and then disappear; that was the sense of the Senate then, and I will believe it is the sense of other fraudulent persons vote in the names so registered or attempt the Senate now until the contrary is shown. I do not wish to repeat to do so; and that enormous frauds upon the election in that regard what I said then, that the construction put upon the clause by the Sen excited the indignation of good men of both parties. ator from Massachusetts when it was read in his hearing, when he had The present bill proposes that the officers who are to exercise these the text of the amendment before him, was the correct interpretation, powers may go to the places where these voters pretend to live between by showing that in the city of New York in 1872 precisely that inter the time of registration and the election and inquire whether they live pretation was put upon it by this executive officer, the chief supervisor, there o'r whether anybody lives there. That is important for two pur· in a case that seemed to present a very extreme view of the powers con poses, first, as ascertaining the fact in season for the action of the election ferred by that portion of the'law of 1870. officers, who are still the State election officers under this bill, in deter· Mr. GEORGE. .Mr. President, ldesiretointerrupttheSenatorfrom mining_ whether they will admit persons to vote on those names; second, Delaware. it is also important and valuable as preserving the evidence of the fact The PRESIDING OFFICER. Does the Senator from Dela.ware yield for the national House of Representatives, which is the great legisla· for an interruption? tive body of the American people, who are to decide upon the final title Mr. GRAY. I do. 01 persons whose titles to seats depend upon these elections. Mr. GEORGE. I should like to know what use, what part in the · I think it is a good, healthy, wise, reasonable, constitutional, and economy of the bill, this visitation performs. In other worQ.s I should most moderate and necessary provision that a law shall be made which like to ask the Senator from Delaware, when these men go and make requires somebody to go to these places and see who lives there. It is the visitation and think they have discovered that somebody has been not half as much of a domiciliary visit as is made by the officers wha fraudulently or improperly naturalized-- lay the taxes in all our cities.and towns throughout the country every Mr. GRAY. Hegistered. year. It is not a domiciliary visit of anything like the character which Mr. GEORGE. It is not naturalization, then? is performed by the census officers, who go from house to house and Mr. GRAY. No; itis as to the verification of registration. see who live there and count the inmates. Mr. GEORGE. Then I have nothing further to say. I am not surprised at the Senator from Delaware, if he desires to have Mr. GRAY. I think the question might apply quite as well to the this clause stricken out of this bill and desires to have the consequen verification of registration as to the verification of the fact of due and · ces follow which will follow the want of any adequate legislation any regular naturalization. So I can say to my .friend that we have a prac where on this subject, that he should prefer to confine what be bas to tical answer in the case which I have already referred to, which I read say to a comment on the misunderstanding which occurred the other at length, as occurring in New York, a Iittle drama before the com day, rather than to disctl8S the merits of this question. The Senator missioner, October 25, 1872, in which a citizen was brought before the confounded in his argument-the other day, the Senate as we had looked commission,er,afterhavingbeen keptinjail for six or seven days, I think, at it confounded for th~ time being, this simple proposition with a for refusing to answer a question as to how old he was, threatening to proposition for.a house·t-0-house canvass, which the Senate Committee eject from his house the man who was in his parlor and who persisted on Privileges and Elections were opposed to. in his right to have an answer to that question.. · I hope, therefore, the amendment to the amendment will not be There was a practical interpretation put upon this clause of the bill, adopted, and I call for the yeas and nays upon it. and I am not aware that that-interpretation hllS ever been abandoned It!r. GRAY. l\Ir. President, I am aware in a general-- by the chief supervisor. At least w~ have not had the privilege of 1\fr. HOAR. I suggest to the Senator that I think he had better let hearing from him any rescript that shall go down to the people to as the vote on this question go with the other voteq, and if he is ready for a sure them that that is so and that their liberties in that respect are final vote on the bill to-day, very well. not menaced by that danger in the future; and until we do have it I Mr. GRAY. I want to say a word in reply to the Senator from Mna· think every mnn is insecure in his home where thero is a supervisor sachusetts. I am aware in a general way that in all our large cities an capable of putting that interpretation upon it. opportunity is given by a dense population for frauds upon elections, I appeal to my friends on tho other side that they now stand by the and that these frauds are not confined to any one party or to any one opinion which seemed to be obviously entertained from the reading of set of men. I am perfectly well aware that in cities other than the that clause of-the section, and strike it from this bill. city of New York, in the city of Philadelphia, in the cities of Balti· Mr. GEORGE. Will the Senator answer me what is to be done in more, Chicago, Boston, and Cincinnati, this has been a favorite means case the supervisor, the visitor, thinks he has discovered any improper of fraud by the beady partisans who do election work. But that is registrat~on? . Can he strike the man's name off the book? not the point. Tho point is whether you are to institute a machinery Mr. GRAY. I do not know; that is, I do not answer now, because of domiciliary visitation in the interests of one political party, whose I should have to examine the bilL I do not think the bill provides heelers, and strikers, and workers will accomplish their results under for that. It says "to verify the registration;" but the supervisor who the protection of Federal officers, and only seek to suppress such frauds makes the visitation reports to his chief and the chief supervisor is where they shall be against and_to the disadvantage of the party that clothed with that vast array of indefinite and undefined power that controls this machinery. That is the question or one of the questions leaves us entirely in the dark as to what he may do or may not do. of a most important character which are presented by this proposition. That is one of the criticisms we make upon this bill, that there iS not But there is another point about it, to which attention has already a proper definition of his power, not such a definition as is necessary 1 been called and which underlies it all, whether the Federal authori to protect the liberty of the citizen. Undefined powers the power to ties shall be called upon at all, and whether it may not be safely left, issue general warrants, all seem to be embraced within the assumption as it has been in the past left, to the local autonomy of the States to of authority that is made by the chief supervisor in New York. Of deal with and to achieve tboso greatresultsofreform thathavealways course what one chief supervisor may do another may do. This was a been achieved where opportunity has been given to a community of / 416 CONGRESSIONAL RECORD-SENATE. American citizens to right their own wrongs and to assert their own because if the clause in the Revised Statutes which provides for the rights to a pure ballot and an honest count. verification of the registration has been construed and is to be con No more signal instanc~ could be given than that which was given strued as authorizing the very thing which this Clause provides for in by the Senator from Maine (Mr. FRYE] in his impassioned speech a the pending bill, the mere striking out of this clause would not reach day or two ago as to the frauds in the very city of New York, which it, and the clause might be struck out with entire safety, and yet the had been accomp1ished and brought about not so much in the interest very thing so obnoxious to so many Senators on both sides of the Sen of any one political party as in the interest of a band of spoilsmen of ate would remain in operation by the present clause of the statutes. both parties, a partnership of plunder in which the partners were Dem Mr. GRAY. That is true. ocraf;s and Republicans alike, and in regard to which at last the good Mr. HOAR. That is admitted. sense, and the manhood, and the civic virtue of that great municipal· Mr. EVARTS. Mr. President- ity were aroused and were enabled to throw off and correct this great Mr. HOAR. The Senator from New York will allow me to say one evil measurably, and to produce a state of things which I now believe word more. I wish to say that so far as I am advised the operation of it is conceded on all hands has resulted in fair elections, or as fair as it this law of 1870 has been satisfactory to the people of l\Iassachusetts is possible to hope for in such great centers of population. of both parties, and the United States commissioner who has, I think, It was not through the agency of Mr. John I. Davenport or of his invariably acted as chief supervisor of elections there was l\Ir. Benja deputy marshals and supervisors that this great reform was brought min F. Harris, one of the most famous Democra.f;s we have ever had in about. It was brought about by that great movement of citizens, Massachusett;s. headed by Samuel J. Tilden and Charles O'Conor, and by others of Mr. HARRIS. I desire to ask the Senator from Massachusetts, if that party, and by good men of the Republican party, too, standing to he will allow me, what the difference is, if there be any, between the gether and asserting that influence which intelligence and virtue and provision of the present bill in this respect and the existing law. courage will al ways exercise in a community over those who possess less Mr. HOAR. I understand in this respect none at all. The clause of these great. qualities, for. the reform of municipal wrongs or of the that the Senator from Delaware proposes to strike out is verbatim the wrongs that beset society under these conditions. That is a history clause in the law of 1870. · with which I profess to be somewhat familiar as part of the history of l\Ir. HARRIS. Then I should be glad to ask the Senator from Mas· my country, and it is on that account that I believe the matter still sachusetts, if he will allow me, what is the necessity for re-enacting an can be safely left to the u.gencies which accomplished that great re existing law? form. Mr. HOAR. This merely makes it compendious and puts it all in Mr. HOAR. The only point now between me and the Senator from one. We have re-enacted quite a number of these sections which have Delaware is this: I think Mr. Samuel S. Cox, who examined sworn been the subject of so much heated animadversion, merely a re-enact witnesses about it, and Mr. William C. Whitney, who was the corporation ment of the law of 1870; and the corresponding sections of the Revised counsel at the time these things were put down, know better whether Statutes are to be repealed, so that the entire law may be contained Mr. Davenport under this law, one provision of which the Senator is together. now seeking to strike out, which is in the old law as in the new, was Mr. HARRIS. Then I desire to ask the Senator, if he will allow a large instrumentality in accomplishing that result. The Senator from me; suppose AB bas been registered as a legal voter and described as Delaware affirms without any evidence that he was not. Mr. Cox and resident- Mr. Whitney, who knew all about it one of whom waa the Democratic Mr. HOAR. I ought to have said, if the Senator will pardon me chairman who investigated it and the other the corporation counsel of before he passes to another subject, that of course the existing law in the city who helped to do it, affirm that he was. That is the distinc this respect applies only to cities of over 20,000 inhabitants, and the tion. new law may apply all over the country. Mr. GRAY. Mr. President, I am not going to prolong the discussion l\Ir. HARRIS. The question I wns a.bout to ask the Senator is this: on this point. I merely want to say that I believe, and believe on Suppose that AB has been registered as a legal voter and described as good grounds, that Mr. Davenport's co-operation was compelled by the' resident at No. 1300 Broadway, New York, nnd the supervisor makes overwhelming character of the public opinion that was asserting itself his domiciliary visit and he finds that there is no AB resident there? J • in that great city, and that neither he nor any other man, Federal Mr. HOAR. Or no No. 1300? . . - - ---._ cfficial or otherwise, could have stood before the storm of popular in Mr. HARRIS. He may find No. 1300, bat he finds there is no A. B. dignation unless he· had lent whatever of power he had to co-operate resident there, or he may find no 1300. What is the duty of the super with those citizens in the suppression of these wrongs. visor upon the ascertainment of that fact and what is to be the result Mr. HOAR. The law was passed two years before that it might be of that domiciliary visit? done-the national United States law-and l\Ir. Davenport was ap l\fr. HOAR. To challenge him when he apppears at the poll. The pointed that he might do it. State election officer determines the question of his a'dmission, and the Mr. HARRIS. That what work mi~ht be done? evidence thereof is preserved, and is beard by the judge of the circuit :Mr. HOAR. Now, what an ig --what a- court, if there is a dispute about the prima faci.e title to the office, and Mr. GRAY. Say it. it is heard by the House of Representatives if the question :finally Mr. HOAR. What a misunderatanding of the political history of reaches there. / that period is displayed when the honorable Senator ge~ up and .says Ur. HARRIS. Then the final result of the domiciliary visit is a re that riir. Davenport was compelled· to do it by an overwhelming popu port of the supervisor as to what he found or failed to find at the house? lar Rentiment. · Mr. HOAR. I suppose he would collect the evidence so as to be able .Mr. GRAY. That ignorance, if I may be allowed a word- to testify as in any other case. Mr. HOAR. I did not say "ignorance." Mr. HARRIS. He is qualifying himself to be a witness, then? l\Ir. GRAY. That ignorance is participated in by a very large ma Mr. HOAR. I suppose that in such a case as that which the Sena jority of the people Qfthe city of New York. torfrom Maine [Mr. FRYE] mentioned the other day, where some hun Mr. HOAR. I did not use the word "ignorance," if the Senator will dreds were registered from a place that was a vacant lot, the evidence pardon me. I did not finish the first word. I said ''misunderstanding.'' would be collected and preserved, and if the men offered to vote they :Mr. KENNA. I desire with the consent of the Senator from Massa would be complained of, arrested, and punished if the case were n case chusett;s, to ask him for a little information about the matter. I have of fraud, and the evidence preserved and either admitted or rejected by been informed, I do not know how accurately, that in the absence of the House of Representatives. this proposed legislation the present lo.w has been so construed in his . Mr. HARRIS. Still, practically the domiciliary visit is intended for State that where the Federal intervention is invoked in an election this the purpose of qualifying this particular person to be a witness as to house-to-house canvass, which has been so much discussed, is practiced. such fact as he may find? I should like to know whether that is the fact. Mr. HOAR. Not at all. Mr. HOAR. I have no knowledge on the subject. I have neve-r l\Ir. REAGAN. I desire to call the attention of the Renator from heard of it. We have hnd in Massachusetts the law of 1870 put in l\fassachusetts [Mr. Ho.AR] before he takes his sea.t, for information on force. I do not wish to be taken too strictly in what I am going to a statement which he made that under the law as it now exists the. say, but I believe it has been put in force quite as often on the appli section of the bill before us with reference to domiciliary visits, or cation of Democrats as on the application of Republicans. Certainly rather the sixth subdivision of section 7. is different from the law as in my own city of Worcester, which is a city of 85,000 inhabitant;snow, it now exists in this, that the present law limits those visits to towns the application has been made by the Democrats, I suppose and be or cities of over 20,000 inbabitanf;s, while the section under considera· lieve, though I am not very familiar with those details of the election. tion extends them everywhere. I call attention to the reading of it, Like, I suppose, the Senator from West Virginia and other Senators, which does not conform to that view. my contribution to election campaigns at home is the making of public To verify, in cities or towns having 20,000 inhabit.ants or upward, bv proper addresses on political subjecf;s, and! am very little consulted and have inquiry and exa.minntlon, et-0. · very little to do with the management of the elections in such details l\ir. HOAR. That is true. The Senator is correct. This particular as this. I am not aware whether the fact is or is not as the Senator verification would not extend except to cities of 20,000 inhabitants proposes his question. and over. Mr. KENN A. M.r. President, then comes of course a very important Mr. REAGAN. And the other one it was agreed should be stricken inquiry in connection with the present status of that clause of this bill, out, the eleventh paragraph-- 1890. CONGR.ESSION.AL RECORD-SENATE .. 41.7 Mr. HOAR. Yes, sir; it has been stricken out. It is not in the .are seasonable, appropriate, and adequate to the purj:!;ing of the regis amendment proposed by the committee. tration are methods open to the law and open to the agents of the law. Mr. REAGAN. So, then, if I understand it, this would not extend Look at this provision. An officer of the law, an officer of the -elec the house-to-house visitation to all places, but only to towns and cities tion laws-I exclude the question whether it is a Federal or a State of20,000or more inhabitants. . authority-in an election of the State or an election of the United Mr. EVARTS. · Mr. President, there has been much confusion and a States, the law and the officers of the law are to purge that registra good deal of accusation growing out of two clauses being found in the tion or they neglect their duty and betray the effort of the people to House bill, one of which was eliminated by the report of the commit· purge the registry. tee of the Senate; that is a clause which has been described, although What, 'then, is the method, the initial method? What are the sane· the phrase is not used in subdivision 11, as the house-to-house canvass. tions and what are the results? They must be directed to 11 correc The clause nowproposed to be struck out is not a novelfeature or pro tion of the registration before the election or to furnish the officers at vision either originating in the House or as it is retained here. It comes elections or the citizens with their rights of challenge with such infor up for re-enactment as a part ofa compendious or extended application mation as can be furnished, and how is that to be exerciBed unless by of the system of Federal supervision or observation of the subject. taking the names on the register and the residence and visiting the Mr. President, the motion now made to strike out this clause, which place to know whether a man of that name lives in that place? That - hai; been on the statute book ever since 1870, does not present any new is an inquiry. I asked the Senator from Delaware [Mr. GRAY], when he considerations whatever. The severity of the accusation of Mr. Daven was inveighing against this trampling on the rights of citizens, wh_a.t port or of the Republican party in this so-called force bill-these obser method he had to propose for purging the register of that vicious name vations ha.ve no foundation whatever. This is a reproduction of a on the register, and the Senator was good._enough to say that it was - c1ause long in operation and never complained of in the community easy enough to answer it, and he proceeded to answer that his method where by law it has been or could be exercised. There is not a man of dealing with the matte·r to be settled for a coming election about of either party, except the rascals in our cities who wish to thrive on one name in one place was to instill proper principles into the people the corruption of the suffrage, who bas ever lifted up bis voice against of the United Slates. _. this clause. It is objectiunable only to those who do not wish the We then, with all these loud and eloquent suggestions, are in this suffrage to be pure. And yqt on this floor all muniments of liberty, attitude: It is like the dispute of the he goats in Ovid; the suitor hereditary and practical, in our midst, are thought to be put in jeop complained that when be bad employed a lawyer to argue his title ardy by this clause. to two be goats he spent all his time in talking about the battle of In the examinationofthis clause ancl the motion torejectitwemust Cannro and he lost his goats. No, there is no escape from this inves separate it from the objection to its being exercised by Federal officers. tigation in this body. Do the Senat-Ors wish to purge the register? If That belongs to the bill, that belongs to the measure, and tlie familiar they do not wiBh to purge the register, strike out everything that tends phrases by which aspersion is thrown upon this function exercised to that result. But do they wisli to purge tbe register? If they are through the Government's power treat it as a foreign power, as an ab here eaten up with zeal to purge the register let them enter into some sent power, as an intruding power, as coming not from the population practical plan, and if this is too violent or if this carries som~ conse and the Toters and the managers of elections withinaS.tate. That is a quences of evil, give us a measure to purge the register of the obnox part of the old doctrine that we are a foreign power, with foreign ious names and punish the wicked attempt and imprison the wicked courts, with foreign purposes, when we ~xtend the operations of our actor in thus defiling the register. national laws over the people of the United States. Mr. MORGAN. Will the Senator allow me to ask him what would Sir, when we are talking ahoutan election for Representatives in the be tbe operation of the law in a Sliate where there is no registration? bodies of our Congress, is that a foreign power that we are interested Mr. EVARTS. It would.not apply, of course. in preserving? No, the whole of it is ours, of the people of the United Mr. MORGAN. It would be of no use there, then. StatesJn the Congress of the United St.ates, where every vote affects Mr. EVAR .TS. Of course yori can not apply the provision to regis Massachusetts as much as it does .Mississippi. That is our situation. tration where there is none. But if these long exploded objurgations-Of foreign power are at all Mr. :MORGAN. The bouse-to-bous~ visitation clause would not be applicable to this province and thisexerciseofauthority, whatshall we in force,· then. say of the elections of our Representatives here to dominate over the Mr: EV ARTS. It has nothing to do with U. interests of the whole country if they are to be sequestered and exerted Mr. MORGAN. Nothing at all? only by the States? Is not the State as much a foreign power to this Mr. EVARTS. Nothing but purging the register is here provided for. as we are to an election of our own? Mr. MORGAN. Are you not afraid, then, that you will compel the Mr. President, I do not think the people of the -country or the pub Stales to repeal their registration laws? lic men of the country take much interest in this array between State Mr. EVARTS. No; that is out oftbe bill. , exercise of authority that belongs to it and Federal exercise of what Mr. MORGAN. I think the States will quit en::i.cting registration belongs to the General Government as being between hostile or foreign laws then. governments, and I have only alluded to this in order to attract the Ur. EVARTS. That is out of this bill. We are talking not about Senate to the position of the present motion. the good American people and the principles of liberty and instilling This motion does not profess to question the measure and policy of good principles through good Democratic or good Republican means. this bill, which is-to have an intervention on the part of the General 'rhe question is how to get an honest· vote on the registry. How can ·Government in regard to elections of members of its Congress, but as you get rid of this wicked and reckless and horrid prostitution in the to this item. and mode of exercising a right. register and in the election? The question, then, assumin$ that the General Government can thus I have an interest, every neighbor has an interest, every honest voter watch and supervise tho proceedings in the election of members of Con has an interest to run down, unearth, exhibit, and expose to infamy gress, as to the value and pr,udence and service of the clause, is pre the cunning and the cowardly frauds, and to prevent the coming elec cisely the same ns it would be if that clause was in a State regulation tion from being debased by their intervention. in order to purge the registry from falsehood and imposition. The na Now we are told Liberty shrieks because Henrichs-if that be the ture of the fraud, the nature of the mischief, the vastness of the in name-was asked whether he lived where he was registered or whether juries that grow out of the corruption of the sufirage and the falsity of somebody else lived there. Who will tolerate any such inter>ention, the registry are the same thing under a State regulation as under a Fed intrusion into this debate when we are talking of a practical measure? eral regulation. Pa.ssing over, then, the question whether this inter If it be not a good measure, if it trampl es upon rights, if it seeks ends vention should take place, of the policy and tbe duty of the bill at that are unlawful, let us dispose of them. But if you can contrive one large, what we are now discussing is, assuming that this supervision initial step except this very one, go to the residence and there explore may still be exercised or treating it as if it were exercised by a State, and there ask in the name of the law whether of the State or, as the whether there is any force whateverin the criticism or the opprobrium case may be, of the United States is he a voter. that has been thrown upon this clause, supposing it to be found in Mr. HARRIS. Mr. President, will the Senator from New York allow the action of State regulation of its own elections of its own Represent me to ask him has the State of New York statutes requiring the regis atives in its owfi. State.· Who dares t-0 question the propriety and the tration of legal voters? duty, if a register is to control an election, tbatthe registration should M:r. EV ARTS. Certainly. be valid and honest, and that that safeguard for the election be intro Mr. HARRIS. Will the Senator allow me to ask him if in his opin duced in advance of the election in order that it may be searched and ion tl!e people of that State have sufficient intelligence and integrity J>robed and purged in the interest of the coming election, that it shall to look after the registration of their own legal voters and the conduct l>c incorrupt and clear? of the election of their own officers? Now, the registration being provided for and this advance being in Mr. EVARTS. ls that all? Is that the question? terposed before the election, how is that to be used and by whom? Mr. HARRIS. That is one question. _ That is the question. It is to be used to ·rnrify the registration in re Mr. EV ARTS. Very well. I am at liberty to answer, then. Whether spect of a name of a place and residents who are there set down; and or not any State or any community of the United States is able to pro the duty, ns I have supposed, of a State' regulation of a State election cure absolute integrity either in the election itself or its registry is a of representatives in its own Legislature is to use the methods of the question the Senator can answer as well as I. law and the agencies of the law to purge the registration. Whatever Mr. HARRIS. I suppose the Senator from New York and myself XXII-27 418 CONG.RESSIONAL RECORD-SENl\TE. DECEMBER 13, will not differ about the fact that New York is so supreme within her to say that the supervisors of election-commissioners of election, I territorial boundaries-- ~ think they are called in our city-should have the authority of purging l\fr. EVARTS. Sh~ is in all that belongs to her supremacy, of course. the register by sending with authority of law to inquire whether the Mr. HA.RRIS. And do not' her own elections belong to her? man lives there? If that is subversive of right, tell me some other Mr. EVARTS. Her own elections do. method that is not subversive of right. Mr. HARRIS. And the election of her own officers, of course? }.fr. MORGAN. Inquire of whom, Mr. President? Of whom is the Mr. EVART'3. Yes. inquiry to be made unless you approach the person who is responsible l\Ir. HARRIS. And her Representatives in Congress are her officers? for voting illegally or regtsteringillegally? To whom do you go-some Mr. EVARTS. Ah! - bystander, some serrnnt, some attachu of the family, some loafer that l\fr. HARRIS. Ah, well, yes. [Laughter.] Is that denied? happens to be sitting on the stoop-to whom do you go? Mr. EVARTS. Denied? Why, always. . :Mr. EVARTS. He does the best he can. Mr. HARRIS. If it is denied I simply want to understand the fact. J.Ir. MORGAN. You do not want him to do that. The Supreme Court has held the other way and this Senate has held Mr. EVARTS. :We want him to do it in the l>est wuy. The theory the other way on several occasions. of the law is tliat lie will do it in the proper way. Mr. EVARTS. That is n T"ery· large debate. l\Ir. GRAY. Will the Senator from New York, as he has done me Mr. HARRIS. I do not propose to enter into that, but if tho State the honor to refer to a position taken by myself, allow me to state of New York is capable, has the intelligence and the integrity, as- I where I think he has confused what I really dicl say in the contention doubt not she and every other State have, to look after their own reg I mride? ·, istration laws, to look after and control their own elections of their own Mr. EVARTS. Yes, sir. officers, I beg to know of the Senator why they need Fedeml super l\.fr. GRAY. The Senator seems to think that because we may agree vision and the stroug hand of the Federal Government to take control ·that a.n irregular or dishonest registration is a thing to be purged and of them. to be avoided and corrected it makes no difference who does the purg l\fr. EVARTS. The Senator will agree that the question which he ing and makes the correction, as if it made no difference in the con· has introduced relates to the policy or usefulness of this.bill at large, duct aml dhicipline of my own family whether I punish my own and that I had eliminated from this present discussion, and the only childre1~ <>r whether my mother-in-law should spank them. point now under consideration is whether this clause is wicked and is 1\fr. EVARTS. Mr. President, that is a question between the Fed· subversive ofright. I attempted to point out, and if the Senator had eralGovernment and the State, is it not, as to thcrelationofthe United done me the honor to listen he would have seen that the que3tion of States to its own elections. There is nothing in this distinction ex the method' itself was the same whether it.was exerted by a State offi cept that. I want the Senator to tell me how in the name of the State cer or by a Federal officer. The larger question of whether the Fed be would purge the registry and whether he would condemn the State eral intervention should exist or be authorized is another one~ and officer and the State law if there was authority given to an officer of therefore I adhere to my subject. . the State to go and fintl out whether a registered man lived in the Mr. MORGAN. Will the Senator before he leaves that allow me place: Answer me that, and then we can go on with the argument. -to ask him one more question about the registration? I am not satis Mr. President, there is no answer to that. It is only by a confusion fied about the power of Congress to interfere with State registration. between the thing to be done and the officer who does it that dis ·The laws of each of the States, I think, require that a voter shall be crimination is sought to be made between an officer of the United States twenty-one years of age. Now, would tlie Senator. hold that the Con .,an fore it is not a greater occasi~n, a greater benefit, _by sober and regular scditionc qucrentes? , Who can have patjence with a question of details legislation and the execution of the laws, the avoidance of these neces in a measure as to the purity of elections from sources that have fought sary resistances to concerted oppression. This was in 1868 that we are against the principle and the purpose in itself? talking about, when the election was between General Grant and Goy Mr. President, I have confine,d myself intentionally to the mere ques ernor Seymour of our State. tion to be voted upon here. Let me restate it. Is this a measure it '.fhat. was the time when these great frauds were perpetrated, when self, this clause sep:1tated from the question of whether a supervisor the forty-seven thousand manufactured naturalization papers were to of the United States should exercise i-t-is it a measure, is it a clause, take effect on a particular day in the State of New York and in the is it a method, is it a means of purging the registry that is injurious State of Connecticut to determine the election of President of the Unitecl to liberty or subversive of proper right? States. That was the issue then, and where was the knowledge, ancl Mr. HARRIS. Before the Senator sits down, I beg to call his at where the coura11e, and where the energy, ·and where the.1combining tention to the second section of the first article of tho Constitution of power of good cttizens except as furnished from Supervisor Davenport the United States, which provides that- who had been at work on tho matter, and then the Democratic party The House of Representatives shall be composed of members chosen every after that went on and on in increased injury, in increased violence, second year by the peoI?le of the several States, and the electors in each State until the culmination of that party's supremacy in 1871 and the r6- shall have the qualifications requisite for electors of the most numerous branch 1 of the State Legislature. - gim~ of Tweed was overthrown b;y the universal wish and voi_ce nnd votes of the Republicans of the city of New York and of the .Demo And inasmuch as 'registration in some·of the States is made an ele crats who rallied for that purpose. But did all the Democrats rally to ment of qualification of the electors for the most numerous branch of all these exposures of Tweed? After this public uprising, after the the Legislature, from this section of the Constitution it appears beyond combination of leading lawyers, Mr. O'Conor, Judge Emmett, andmy all controversy that the State itself shall fix not only one or two or self were acting together in the matter, the ~ote was held and tho up three but all the qualifications of the voters for the most :i:mmerous - risi ag carried everything before it, except lll those w~rds where the branch of the State Legislature, and therefore for the Representatfre Democratic frauds had so long been prevalent a.nd triumphant, and in Congress. These qualifications being fixed by the Legislature of with this light thrown on William 1\1, Tweed he was at that election the State, the question I wish to ask of the Senator from New York is, by Democratic votes elected to a seat in the senate of New York by What necessity is there for requiring a Federal supervisor or any other G,OUOmajority. Fe A bill (H. R. 3308) to open and set aside an order of the Court of PENSION AGEXT. Claims canceling a portion of a judgment against the United States, Ilerbert H. Ilengough, of Pittsburgh, P~, to be pension agent a• remitted through mistake as to the facts in regard to the same by Pittsburgh, Pa. claimant to the United States, and to refer the matter to the Court of POSTMASTERS. Claims for such further action as said court shall :find to be Just and equitable; and _ · Joseph A. Thomson, to be postmaster at Media, in the county of Del A bill (H. R. 7157) for the relief of Caleb Bryan; aware and State of Pennsylvania. Benjamin N. Jefferis, to be postmaster at West Grove, in the county The bill (H. R. 12395) granting a pension to Mrs. E. J. Baldy, widow of Chester and State of Pennsylvania. of W. H. Baldy, was read twice by its iitle, and referred to the Com Jorry Crary, to be postmaster at Sheffield, in the county of Warren mittee on Pensions. and State of Pennsylvania. EXECUTIVE SESSION. Fred E. Barrett, to be postmasteratKeene, in the county 01 Cheshire Mr. HO.AR. Did the Chair underatand that the Senator from Mary and State of New Hampshire. land has the floor for Monday morning ? William B. Means, to be postmaster at Boone, in thecountyofBoone The VICE PRESIDENT. That is the understanding; that the Sen and State of Iowa. ator from Maryland will have the floor Monday morning. The ques Will Roberts, to be postmaster at Fair Haven, in the county of Rut tion is on the motion of the.Senator from Massachusetts that the Sen land and State of Vermont. ate proceed to the consideration of executive business. Charles P. Andrews, to be postmaster at Great Falls, in the county The motion was agreed to; and the Senate proceeded io the consid of Strafford and State of New H;:i.mpshire. eration of executive business. After sixteen minutes of executive Edwin S. Merrill to be postmaster at Winchendon, in the county of session the doors were reopened, and (at 4 o'clock and 20 minutes p. Worcester and State of Massachusetts. m.) the Senate adjourned until Monday, December 15, 1890, at 10 Cornelius Cadle, jr., to be postmaster at Blocton, in the county of o'clock a. m. Bibb and State of ·Alabama. Thaddeus W. Fancher, to be postmaster at Lorain, in the county of NOMINATIONS. Lorain and State of Ohio. James H. C. Barrett, to be postmaster at Cambridge, in the county Exccutire nominations recei'l:cd uy the Senate the 13th day of December, 1890. of Dorchester and State of :Maryland. SECRETARY OF LEGATIOY. Charles E. Woodis, to be postmaster at Danielsonville, in the county John B. Jackson, of New Jersey, to be second secretary of the leg~ of Windham and State of Connecticut. tiou of tho United States at Berlin, to :fill a vacancy. Charles M. Norton, t-0 be postmaster at Calvert, in the county of Rob- · ertson and State of Texas. CONSUL. Leonard H. Hunt, to be postmaster at Lowell, in the county of Kent Horace W. Metcalf, of Maine, to be consul of the United States at and State of Michigan. Newcastle, England, to fill a vacancy. Joseph B. Prince, to be postmaster atHealdsburgh, in the county of JUDGE OF PROBATE. Sonoma and State of California. William 0. Orton, of Utah Territory, to be judge of probate in Gar field County in the Territory of Utah, as provided by section 19, chap ter 397, volume 24, Laws 1887, United States Statutes at ·Large. HOUSE OF REPRESENTATIVES. SATUlWAY, CONFIRMATIONS. December 13, 1890. Executive nominations confirmed by the Senate Decernb_er 13, 1890. • The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. UNITED STATES CONSUL. The Journal of the proceedings of yesterday was read and approved. IlQrace W. Metcalf, of Maine, to be consul of the United States at Mr. COTHRAN appeafed and took his seat. N ewc..'l.Btle, England. l\IRS. E . J. DALDY. SECRETARIES OF LEGATION. l\Ir. STEWART, of Georgia. Ur. Speaker, I ask unanimous con Charles A. Dougherty, of Pennsylvania, to be secretary of the lega sent for the present consideration of the bill (H. R 12395) granting tion of the United States to l\fexico. a pension to Mrs. E. J. Baldy, wido·w of W. II. Baldy. II. Remsen Whitehouse, of New York, to be secretary of the lega The Clerk read as follows: tion of. the United St~tes to Italy. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au thorized and directed to place on the pension roll, subject to the prnvisions and APPOINTl\I.E....'°TS IN THE NAVY . lhnitationsof the pension laws, the name of Mrs. E. J. Daldy, widow of ,V. H. Rnldy, of Spalding County, Georgia., who was a private soldier in the Creek In· Ed~ard K. Rawson, a ~esident of New York, to be a professor of dian war of 1836, in Capt. William Byne's company ca.Heu ''. llurko Hussars." mathematics in the Navy. Philip R. Alger, a resident of Massachusetts, to be a professor of The report.(by l\Ir. DELANO) is as follows: The Committee on Pensions, to whom was referred the bill (H. Il.12395) grant mathematics in the Navy. ing a pension to Mrs. E. J. Baldy, have considered the same and report: PRO~OTIO:NS I:N THE NAVY. The claimant's late husband,,Villiam H. Baldy, was a private in Capt. Elijah Dyne's company of l\Iaj. J.C. Alford's battalion, Second Ilrign.de Georgia. Vol Chief Engineer George Wallace Melville, United States Navy, to be unteers, nnd served for three months and twenty-one days in the Creek Indian advanced one grade: to take rank from the same date, but next after war of 1836. - It is reliably shown that l\Irs. Baldy lost all her possessions by the results of the junior chief engineer having the relative rank of commander. the late wai:, except a. dwelling house of but little value. Since 1868 the family Asst. Surgs. Thomas Owens and William Martin, to be surgeons in has been greatly atlHcted. Two of the chiidren are now in the insane asylum the Navy. and another is totally blind. l\Irs. Baldy (who resides at Griffin, Ga.) is eighty years of age and almost helpless. The family ;has no income and is depend Pa.ssed Asst. Sarg. Edward H. Green, to be a surgeon in the Navy. ent upon others for support. l\lrs. Baldy bas been a. widow since before the Sheldon Guthrie Evans, a resident of Maryland, to be an asaistant W(lr; she is a. very worthy woman. surgeon in the Navy. Your committee believe this ca.se to be very meritorious, a.nd the bill is there fore returned with a favorable recommendation. Adrian Richard Alfred, a resident of Michigan, to be an .assistant Amend so as to allow a pension at $20 per month. surgeon in the Navy. Passed Asst. Surg. Samuel H. Dickson, to be a surgeon in the Navy. The SPEAKER. Is there objection to the present consideration of Second Lieut. Franklin J. Moses, United States Marine Corps, to be the bill? [After a pause.] The Chair hears none. a first lieutenant. The amendment recommended by the committee was· agreed to. Assistant Engineer Frederick C. Bieg, to be a passed assistant engineer The bill as amended was ordered to be engrossed and road a third time; in the Navy. , and being engrossed, it was accordingly read the third time, and passed. Ensign John E. Craven, to be a lieutenant, junior grade, in the Navy. Mr. STEW ART, of Georgia, movecl to reconsider the vote by which Lieut. Edward P. Wood, to be a lieutenantcommanderin the Navy. the bill was pa~sed; and also moved that the motion to reconsider be Lieut. James H. Sears, junior grade, to be a lieutenant in the Navy. 1aic1 on tho table. Ensign James II. Hetherinj?ton, to be a lieutenant, junior grade, in The latter motion was agreed to. the Navy. . T. A. KENDIG. Lieut. Commander Roswell D. Hitchcock, to be a commander in the Mr. McDUFFIE. 1\Ir. Speaker, I aRk unanimous consent for the Navy. "' present consideration of the bill ~S. 2634) for the relief of T. A. Ken Lieut. Walton Goodwin, to be a lieutenant commander.in the Navy. dig. Lieut. Abraham E. Cnlver, junior grade, to bo a lieutenant in the Tho bill was read at length for information. N~. The SPEAKER. Is there objectiou to the present consideration of Ensign John J. Knapp, to be a lieutenant, junior grade, in the Navy. the bill? Naval Cadet Herbert G. Gates, a resident of Michigan, to bean ensign Mr. BURROWS. Mr. Speaker, let the report be read subject to ob in the Navy. jection. 1890. CONGRESSIONAL RECORD-HOUSE. 421 The SPEAKER. The Clerk will read the report. out improperly on the theory that it was properly collected. If it was The report (by Mr. LAIDLA w) was read. properly collected, why should it be refunded? The SPEAKER. Is there objection? Mr. BURROWS. Under the law it is claimed no other course could . Mr. SPINOLA. I object temporarily, Mr. Speaker, until I can have be adopted by the officials except to collect the duty. an explanation from the gentleman in charge of the bill as to why the Mr. KILGORE. Then why should we remit i.t? money was not paid away back at that time. Mr. BURROWS. Simply because it was imported to correct the Mr. McDUFFIE. I can not tell you. The report shows that it has defects in a foreign steamer which was disabled in midocean and towed never been paid. There was a contract with the Government to pay it. into our port for the purpose of being repaired. The only way of sup· Mr. SPINOLA. After thirty years it strikes me that a bill of that p1ying the deficiency was to send to the original builders for that por kind ought to be paid by the Department, if it is to be paid at all. tion of the machinery which was broken, which was cabled for and The passage of such a bill as this may be opening the door and setting put into the ship, which was thus enabled to return to sea. a bad precedent. Mr. DINGLEY. The patents being owned in Bremen, it was im Mr. :McDUFFIE. I have consulted with the chairman of the com- possible that the broken piece could be made here. mittee and he says it is all right. · Mr. STOCKBRIDGE. Mr. Speaker, if the gentleman will allow ~fr. SPINOLA. I do not object, but it is rather a shady kind of a me-- bill, as it seems to me. Mr. MILLS. Was this a foreign ship or nn American ship? Mr. KERR, of Iowa. I desire to know whether this was incurred l\fr. DINGLEY. .A. foreign ship. aterf the secession of the States? Mr. BURROWS. A foreign ship entirely. · Mr. McDUFFIE. Oh, no; it was before the secession. The SPEAKER. Is there objection to the present consideration of Mr. BURROWS. Why was the service ordered discontined? It the bill? [After a pa.use. J The Chair hears none. seems to me this is a pretty dangerous precedent. The amendment recommended by the committee was agreed to. Mr. KERR, of Iowa. Why was the route ordered discontinued? The SPEAKER. The Chair calls attention to the fact that the word Mr. BLOUNT. M:r. Speaker, I would like to have the bill reported ''improperly" is repeated on the second p1ge of the bill in line 20. again. Mr. BURROWS. I move to amend by striking out the word "im The SPEAKER. The Clerk will again report the bill. properly," in line 20. The bill was again read. The amendment was agreed to. M:r. BLOUNT. Ur. Speaker, was unanimous consent granted for The bill nsamended wns ordered to a third reading; and it was ::i.ccord the present consideration of the bill ? ingly read the third time, and passed. The SPEAKER. It bas not yet been granted. That is the ques l\1r. BURROWS moved to reconsider the vote by which tho bill was tion pending before the House. Is there objection? passed; and also moved to lay the motion to reconsider on the table. Mr. BLOUNT. Mr. Speaker, I wish to say that that bill is one of The latter motion was agreed .to. a class running into the-thousands, and it involves a principle that ap CALEB DRYAN. plies to a great many cla.imants; and I am unwilling that an individual billshallpassthroughtheHouse. Therefore I object to this as I shall Mr. WASIIINGTON. Mr. Speaker, Insk unanimous consent for the object to any individual bill. I have no objection to a general bill. present consideration of the bill (H. R. 7157) for the relief of Caleb The SPEAKER. Objection is made. Bryan. The bill was read, as follows: NORTII GERMAN LLOYD STEAl\ISHIP COl\IPANY. Be it enacted, etc., That the Secretary of Wai· be, and he is hereby, authorized Mr. BURROWS. .M:r. Speaker, I ask unanimous consent for the and directed to cause to be investigated by the Quartermaster's Department of R. the United States Army the alleged to.king by the United States authorities, for present consideration of the bill (H. 4730) to.refund certain import the use of the United States troops, during the year 1864, of certain quartermas duties. ter's stores, alleged to be the property of Cu.leb Bryan, ofl\loutgomery County, The Clerk read as follows: State of Tennessee, such investigation to extend to the title to the property, the status of the owner, whether loyal or not, the value of the property taken; and Be it enacted, etc, That the Secretary of the Treasury be, and hereby is, au when such Investigation shall be completed the Secretary of War shall report thorized and directed to pay to Messrs. Oelrichs & Co., the agents of the North the result thereof, with his recommendation thereon, to Congress for action in German Lloyd Steamship Company, the sum of $0,571.45, out of any money in the premises. the Treasury not otherwise nppropri:i.ted, to be in full for import duties im properly imposed, collected, an"d paid into the United States Treasury on a The SPEAKER. Is there objection to the present consideration of propeller shaft and appurtenances, four propeller bladeshone propeller boss, the bill just read. one steam tube, and two boxes of iron and brass, part of t e machinery of the steamship Werra, at the port of New York, owned by the North German Lloyd 1\1r. KILGORE. I shall have to demand the regular order. Steamship Company aforesaid ; and that the Secretary of the Treasury is hereby M:r. WASHINGTON. I hope the gentleman will withdraw that for further authorized and directed to pay to the North German Lloyd SteA.mshlp a 1ittle while. · Company, or their duly accredited agents at the port of Baltimore, the sum of 52 422. 35, out of any money in the' Treasury not otherwise expended, to be in Mr. KILGORE. I will withdraw the demand for the regular order f;ilI for import duties improperly Imposed, collected, and paid into the United and hear the gentleman give a reason why this bill should pass. States Treasury on a steel crank shaft, part of the machinery of the steamship Strassburg, at the port of Baltifnore, owned by the North German Lloyd Steam Mr. WASHINGTON. Mr. Speaker, this is simply a bill to refer a ship Company aforesaid. claim to the Quartermaster General for i'nvestiga tion. It is a case aris ing out of the taking of two horse~ and a wagon from an old colored The committee recommended the following amendment: man in Chrrksvil1e, Montgomery County, in my district, for which he In line 8, strike out the word ''improperly." never got a voucher and never was paid. The SPEAKER. Is there objection to the pre.sent consideration of Mr. KILGORE. Do you reckon be was loyal then? I suppose he the bill just reported? . . is loyal now. Mr. KILGOHE. Mr. Speaker, why should we not have the report l\Ir. WASHINGTON. Yes; he was loyal then, for his master had read so as to know why this amount should be refunded?' I ask for set him free and be was hauling for tlie Federal Army. At the time the re:iding of the report, subject to objection·. Clarksvil1e was threatened with an attack his horses were taken by the Mr. BURROWS. I can state to the gentleJp.an in a moment all there Federal Army and put to use, and his wagon was also taken and he is of it. The North German Lloyd Steamship Company bad one of its never got a voucher. All the bill asks is that t.be Quartermaster Gen steamers disabled in midocean by tho breaking of a shaft. The steamer eral shall investigate and report the facts to Congress: wastowedintoport at Boston. The broken part of the machinery could The SPEAKER. Is there objection to the present consideration of · on1y be replaced by the original builders in England. The shaft was the bill? [After a pause.] The Chair hears none. cabled for and brought into port, but the Government of the United The bill was ordered to he engrossed for a third reading, and being States insisted upon collection of the duty under the law, although the engrossed, it was accordingly read the third time, and passed shaft was put into the disabled steamer, which wa.~ thereby enltbled to Mr. W ASRINGTON moved to reconsider the. vote by which the bill go to sea. In the other case of a similar character, it has been twice was passed; and also moved that the motion to reconsider be laid on favorably reported, and in neither instance was the matter imported the table. brought in for sale, but simply to supply the broken machinery of the The latter motion was agreed to. steamer. ORDER OF DUSI:XESS. Mr. MILLS. From what committee is the bill reported? Mr. KILGORE. I now demand the regular order. Mr. BURROWS. From the Committee on Ways and Means, and Tl~e SP:EAKER. The Clerk will present the bills on the Speaker's it is urn,mimou.sly reported. I called the attention of the gentleman table. from Tennessee [Mr. MCMILLIN] to it. yesterday. Mr. FLOWER. Parliamentary inquiry, Mr. Speaker. Mr. MILLS. When was the report made? The SPEAKER. The gentleman will stat.a the parliamentary iri Mr. BURROWS. Made in this Congress. quiry. Mr. BLOUNT. I would like to inquire if this steamship line is not Mr. FLOWER. Would not the regular order include Senate bills in fact largely owned by American citizens? that have nassed? Mr. BURROWS. No, sir. That is all there is of it, Mr. Speaker. The SPEAKER. The regular order is the business on the Speaker's Mr. KILGORE. I understand the bill originally recited tllat the tab1e, and by some accident the bills are not here, but have been sent duty was improperly collected. Now the committee propose to strike for and are on their way. The regular order has been -demanded, 422 CONGRESSIONAL RECORD-·HOUSE. DECEMBER 13, [After a pause.] The Chair lays before the House the business on the The bill was ordered to a third reading; and it was accordingly read Speaker's table, and would state the bills about to be laid before the the third time, and passed. . . House are public-building bills from the Senate with House amend l\fr. BAKER moved to reconsider the vote by which the biU was ments disagreed to by the Senate, and in which a conference is asked. passed; !J.nd also moved that the motion to recrinsider be laid on the table. PUBLIC-BUILDING BILLS. The latter motion was agreed to. The titles of the bills were severally read as below; the House in sisted on its amendments, agreed to the conference asked, and Mr. INSPECTION OF LIVE CATTLE, ETC. MILLIKEN, Mr. PosT, and Mr. DIBBLE were appointed conferees on l\fr. BAKER. I call up the bill (S. 4155) to provide for the inspec the part of the House on each of the bills: tion of live cattle, hogs, and the carcasses and products thereof which A bill (S. 95~) for the erection of a public building at Fort Dodge, are the subjects of interstate commerce, and for other purposes. Iowa; The bill was read, as follows: . A bill (S. 902) for the erection of a public building at Sioux City, Be it enacted, etc., That the Secreta ry of Agriculture shall cause to be inspected prior to their slaughter all cattle and hogs which are the subjects of interstate Iowa; commerce and which are about to be slaughtered at slaughterhouses: canning, A bill (S. 3417) to provide for the purchase of a. site and the erection salting, packing, or rendering establishments in any State or T erritory, the of a public building thereon at Haverhill, in the State of Massachusetts; carcasses or products of which are to be transported and sold for human con sumption in any other State or Territory; and in all cases where the said Sec A bili (S. 1548) to provide for the purchase of a site and the erection retary of Agriculture may deem it necessary or expedient, when on said in of a public building thereon at Taunton, in the State of Massachusetts; spection any such cattle or hogs are found to be affected by any disease or if A bill (S. 1354) to provide for the purchase of a site and the erection from any other cause any of said cattle or hogs a.re found unfit for human con sumption, the in.i!pector shall, in the discretion of the Secretary of Agriculture · of a public building thereon at Sioux Falls, in the State of South Da and under rules and regulations to be prescribed by him, order their condemna kota; tion and cause them to be destroyed without compensation to the owner. That, A bill (S. 507) to provide for the erection of a public building in 'the in addition to the aforesaid inspection, there may be made in all oases whero the Secretary of Agriculture may deem necessary or expedient, under rules and city of Youngstown, Ohio; regulations to be by him prescribed, a post mm·tem examination of the car A bill (S. 2816) for the erection of a public building at Newburgh, casses ofo.11 cattle and hog-s about to pe prepared for human consumptidn at N. Y.; . any slaughterhouse, canning, salting, packing, or rendering establishment in any ::3tate or Territory which are the subjects of interstate commerce, and if the A bill (S. 2349) to provide for the purchase of a site and the erection same shall be found to be affected with any disease which renders them un• of a public building thereon at Kansas City, in the State of Missouri; healthy and unfit for bu.man food, the veterinarian, agent, or inspector shall, A bill (S. 875) to provide for the erection of a public lmilding in the under rules and regulations to be p1·escribed by the Secretary of Agriculture, condemn and destroy such carcass or carcasses. All food products manufac city of Norfolk, in the State of Virginia; tured from the carcasses of live stock so declared to be diseased and unhealthy A bill (S. 1384) to provirle for the purchase of a site and the erection shall be in like manner condemned and destroyed in accordance with the rules of a public building thereon at Mankato, in the State of Minnesota; and regulations aforesaid; and a"ny person or persons who after such condem nation of any such diseased carcasses or product thereof which are the sub A bill (S.1230) for the erection of- a public building in the city of jects of interstate commerce shall sell or offer the same for sale, representing Pawtucket, R. I.; · such diseased carcasses or products thereof to have been inspected in the man A bill (S. 77) to provide for the construction of a public building at ner provided by this act when such cattle, hogs, c1uca,sses, or productsi:hereot have not been so inspected, nor the post mortem examination made on the car• Portland, Oregon; · casses of such cattle or hogs provided for in this section, shall be guilty of a mis A bill (S. 1590) to provide for the construction. of a public building demeanor and be punishable upon conviction fora.term not exceeding one year in the city of $tockton, Cal.; at hard labor, and be fined a sum not less than $100 and not more than $1,000. SEC, 2. That it shall be the duty of the Secretary of Agriculture to prepare A bill (S. 2427) to provide for the purchase of a site and the erection such rules and regulations as he may deem necessary for properly declaring of a public building thereon at St. Albans, in the State of Vermont; and certifying the results of the inspection of the cattle or hogs nnd of the car• A bill (S. 2405) to provide for the purchas~ of a site and the erection casses and food products of the same which shall have been examined and in spected as provided by this act. That said rules and regula.tidns shall also pro of a public building thereon, at Lewiston, in the State Of Maine; and Vide that no certificate shall be issued for or aflixed to any food products or A bill (S. 240:1) to provide for the purchase of n lilite and the erection aninmls that have been inspected, as provided in this act, until the inspector of a public building thereon at Beatrice, in the State of Nebraska. · who made such inspection shall be satisfied that the carcasses from which the said food products have been prepared had. not become tainted or unhealthy by ORDER OF BUSINESS. undue exposure or other cause before being converted Into said products. That the Secretary of Agriculture shall publish said rules and regulations in such . The SPEAKER. The morning hour will begin at 12 o'clock and newspapers as he may select, and shall notify the president, manager, agent, 27 minutes. or owner of any railroad, steamboat, or transportation company, or vehicle en Mr. CASWELL. Mr. Speaket:', the Committee on the Judiciary, at gaged in the transportation of articles of commerce from one State or Territory into another, or to any foreign country. the close of the last morning hour, had under consideration the bill SEO. 3. That it shall be unlawful foro.ny person to transport from one State or (S. 4047) supplemental to the act of , Con~ress passed in March, 1887, Territory into any other State or Territory, or the District of Columbia, or to any entitled "An .act to amend an. act entitled 'An act to O:mend section foreign country, or for any person to deliver to another for transportation' from one State or Territory into another, or to any foreign country, the carcasses of 5352 of the Revised Statt,ites of the United States, in reference to big 11.ny live stock or the food products of any lLve.stock, the subjects of interstate amy, and for other purposes,' approved March 22, 1882." As those commerce required by this act to be inspected, which have no.t been so inspected who are entitled to the floor this morning are not prepared, or at least in nccordnnce with the rules and regulations prepared by the Secretary of Agri culture. That any person or persons violating this section shall be guilty of a would prefer delay before proceeding with consideration of this bill, misdemeanor, and, upon conviction, shall be punishable by a fine not to exceed I ask unanimous consent of the House to dispense with the morning the sum of $500. hour. · · 8Ec. 4.. That it she.II be the duty of the several United States district attorneys to prosecute all violations of this act which shall be brought to their notice or Mr. CULBERSON, of Texas. I ask that that be done. knowledge by any person making the complaints under oath: and the so.me The SPEAKER. The gentleman from Wisconsin asks unanimous shall be heard before any circuit court of the United States or Territorial court consent to dispense with the morning hour. holden within the district in which the violation of this act has been com- milted. . Mr. SIMONDS. I object. SEo. 5. That this act shall take effect ninety days after its passage. l\Ir. CASWELL. Then I have one more request to make. I ask that the consideration of this bill be postponed and that, when the commit Mr. BAKER. I yield to the gentleman from Maryland [Mr. STOCK- tee having the floor at the adjournment to-day or at the close of the BRIDGE]. ' morni;ng hour to-day shall have concluded its business, the Committee Mr. CRISP. .l'tfr. Speaker: I make tho point of order that that bill on the Judiciary may resume the floor for the consideration of the can not be called up in the morning hour. Mormon bill. Mr. MILLS. I make the point that it must be considered in Com The SPEAKER. The gentleman from Wisconsin asks unanimous mittee of the Whole. consent that the Committee on the Judiciary may yield the floor to the Mr. LANHAM. It is too important a bill to be considered in the next committee to be called in order and, after that committee having morning hour. possession of the floor at the end of the morning hour to-day has fin ~fr. HOLMAN. I desire to make the point of order, Mr. Speaker, ished, that the Committee on the Judiciary may then resume the floor. that this bill must be considered in Committee of the Whole. Is there objection? [After a pause.] The Chair hears none, and it is The SPEAKER. The House must be in order. The Chair has been so ordered. unable to hear the statements of members. - The call rests with the Committee on Banking and Currency. ~fr. MILLS. Was not this bill reported aud referred to the Com The call proceeded until the Committee on Commerce was reached. mi ttce of the Whole? It seems to make an appropriation, and, if so, of course it must receive its first consideration in Committee of the REGULATIOY OF STEAM VESSELS, Whole. I make that point. Mr. BAKER. Mr. Speaker, I am instructed by the Committee on The SPEAKER. Tho gentleman from Texas makes n point of order Commerce to call up the bill S. 3122, an act to amend section 4426 tbnt this bill must receive its :first consideration in Committee of the of the Revised Statutes of the United States, regulation of steam ves Whole. Will the gentleman point out the pro'Yision of this bill upon sels. which his point is based? The bill was read, as follows : ~1r. MILLS. I did not hear the bill very distinctly as it was read, · Be it enacted, etc., That section H26 of the Revised Statutes of the United but, as I understand it, it provid~ for a Government officer, an in States be amended by adding the following words: spector, to inspect cattle and condemn them. "Provided, howeve1·, That in open steam launches of 10 tons burden and un vide for the inspection and condemnation of live stock, as well as their Mr. CRISP. If the Speaker will look at the first part of Rule XIII carcasses after slaughter. , 1 he will find there a provision that all bills shall go to the Committee The SPEAKER. Will the gentleman point out the provision of the of the Whole if they appropriate rooney, even indirectly. hill to which he refers? The SPEAKER. There has been no change in the rule since the de l\fr. LANHAM. Theremaybenodirectappropriation made in terms cision wbich the Clerk has just read. by this bill, but it involves, necessarily a.nd logically, a charge upon Mr. CRISP. But in the decision just cited by the Speaker it is held the Treasury to execute its provisions. that a bill must directly make an appropriation in order to come within The SPEAKER. Will the gentleman point out the clause that the rule requiring a reference to the Committee of the Whole. Now, does that? the language of the rule covers bills ''directly or indirectly appropri- Mr. LANHilL Well, sir, the bill provides for the inspection by ating money or property." , veterinary surgeons or inspectors or agents of the Government of live The SPEAKER. The rule on this point has not been changed since stock and of their carcasses after slaughter at slaughterhouses, pack tho decision just read was made. ing establishments, etc., where they are designed to be the subject of :M:r. CRISP. But, l\1r. Speaker, this question is entirely different. interstate commerce, and it provides that rules and regulations shall The ruling just cited referred to the question whether a bill should or be prescribed by the Secretary of Agriculture for the enforcement of should not have its first consideration in the Committee of the Whole. the act. To put in opei:ation all the machinery of the bill involves, it Now, Rule XIII provides for three Calendars and provides that there seems to me, a very considerable expense and a . necessary charge upon sha1lbe- the Treasury. ' First. A Calendar of the Committee of the Whole House on the state of the The SPEAKER. But will the gentleman point out the clause of the Union, to which shall be referred bills raising revenues, general appropriation bills, arid bills of a public character directly or indirectly appropriating money bill which involves expense? or property. l\fr. LANHil!. I read from the bill: That in addition to the afores_aid inspection there may be made in all cases And the rules further provide that ju the morning hour no bill can where the Secretary of Agriculture may deem it necessary or expedient, under be taken up except one which is on the House Calendar. The point rules and regulations to be by him prescribed, a post moi·lem examination of the in the pr~ent case is that as this bill indirectly appropriates money it carcasses of all cattle and' hogs about to be prepared for human consumption at any slaughterhouse, canning, salting, packing, or rendering establishment in is improperly on the Honse Calendar and should be on the Calendar of any State or Territory which are the subject of interstate commerce. the Committee of the Whole. The SPEAKER. Does any other gentleman desire to address the These t.hings and other sections of the bill will necessarily involve Chair on the question of order? the expenditure of public-money. Mr. ENLOE rose. :Mr. MILLS. I desire to make a further point of order. . The SPEAKER. The Chair supposed that the discussion had ceased. 1\fr. LANHAM. I want to suggest, however, to the gentleman from Mr. ENLOE. I would like to cite another decision covering the New Yo1·k [Mr. BAKER], that this is a matter of so much importance same question as that read a moment ago from the Clerk's desk. It is 'that it seems to me it would be inexpedient to attempt its consideration a decision rendered by the present Speaker and reported in the CON in the brief period of a morning hour. It proposes to confer extraordi GRESSIONAL RECORD of December 12, the present month. In that nary and unusual power on the Secretary of Agriculture and his sub case the Chair used this language: ordinates. It delegates authority to him to make rules and regulations There have been other rulings upon the subject by other Speakers O.'l well as relating to cattle, hogs, and meat products which are to be the suliject by the present occupant of tlle chair, to the effect that wherever it was pro of interstate commerce. posed to refer a. matter to determine whether anything was due or not under Mr. BAKER. I will say to my friend and to the House that this is existing laws it was not necessary that the proposition should goto the Com mittee of the Whole House on the state of the Union; but the present occu an important bill. It does not,' however, necessarily make a charge pant of the chair has been always of the opinion that, wherever a. bill implied -Upon the Treasury; for the reason that the duties prescribed will be such a change of the law as would make an appropriation certain or would be performed by inspectors already appointed and provided for by law. liable on the face of it to lead to an appropriation on accou.- of the change of the law, that was not within the view of the rulings which have kept such cases The importance of the measure is very great because it affects the from the Committee of the \Vhole. entire agricultural interests of the country. The inspection of our meat that is slaughtered for export has become a matter of very great Now, it seems to me the language of the Chair in that ruling makes importance, because our products are now practically shut out from for- it perfectly plain that if the bill will lead to an appropriation the rules, eign markets. · in the opinion of the Cbair, require its consideration in Committee of l\Ir. LANHAl\f. But there has been a bill passed relative to exports the Whole. of live stock, and that law is now on the statute book. A 1\iEMilER (to Mr. ENLOE). From what have you read? Mr. STOCKBRIDGE. · It relates to live stock only. Mr. ENLOE. I have been reading from the CONGRESSIONAL REC Mr. BAKER. That law applies only to live stock, and, as I have ORD a. decision of the present Speaker delivered on the 11th of this said, this legislation is necessary,and it does not necessarily involve, a month. charge upon the Treasury. - · The SPEAKER. The Chair has fully in mind the decision rendered Mr. MILLS. l\1r. Speaker, I wish to Illilke an additional point in the other day which the gentleman from Tennessee has just cited. Does support of the point mad.e by my colleague, -Mr. LANHA:r.r. This bill any other gentleman deaire to discuss the point? [A pause.] The , authorizes the Secretary of Agriculture to have stock slaughtered, and Chair thinks that this bill is not Hable to the point that H should be considered ·ii?- the Committee of the Whole, because it clearly does not it ~oes on to provide that compensation to the owners shall not be made. require an appropriation. So far as concerns' the suggestion made by , Now, the Constitution of the United States is a little higher law than the gentleman from Texas [Mr. .M:ILLS]-the constitutional question an act of Congress, and it provides, not only here but in every State of which he has raised-that is not for the Chair to pass upon, but for the the Union, that private property can not be taken for public use with House, and it isa question upon the merits. The Chair, therefore, over- out compensation to the owner. _You can not, by an edict of Congress, rules the point of order. , -deprive any citizen of this country of his right to his private property, .M:r. BAKER. Mr.' Speaker, the importance of this bill is so great and even if Congress passed a law prescribing that the property of the that I have no objection toitsbeingconsideredin theHouseas in Com citizen may be taken for public purposes, I do not care if that law does mittee of the Whole, subject to the same ru}as that apply in the Com: say that the owner shall not be compensated, the courts will say that mittee of the Whole. This bill, it seems to me, must commend itself he shall be. to every Representative upon the floor. It has passed the Senate, has Mr. LANHAM. A further objection to the bill is that it is left to been carefully considered by the Committee on Commerce of this House, . the ipsc dixit of the inspector to decide what is diseased meat and what and reported without amendment. It is recommended by the Depart ment in the strongest language. If any gentleman desires to discuss it, cattle and bogs ar~ fit for human consumption. The SPEAKER. The Chair will have read a decision made upon a I ba"ve no objection to yielding; and afterward I will yield to the gen point similar to that which is now raised. tleman from Maryland [Mr. STOCKBRIDGE] to make reply. The Clerk read.as follows: · Mr. 8PINOLA. I would like to inquire of my colleague- Mr. MILLS addressed the Chair. [Forty-eighth Congress, first session (Spe!tker CARLISLE), l\Iay 17, 188-i, page The SPEAKER. Does the gentleman from New York yield? 1247. l l\fr. BAKER. No, I do not wish to yield the floor now. On motion of l\Ir. Tucker, the House took u·p for consideration the bill of the House (II. R. 6074) to change the eastern and northernjudicial districts ofthe State l\fr. MILLS. I thought the gentleman had yielded the floor. I ofTexas, and to attach a part of the fndian Territory to said districts, and for wanted to say something about the bill. other purposes1 reported from the Committee on the Judiciary on the 18th of Mr. SPINOLA. I wish to inquire of my colleague [l\1r. BAKER how l\Iarch last, ana referred to the llouse Calendar. J The same having been read, . . many inspectors will be appointed under this bill if it becomes a law? l\Ir. JO JIN H. ROGERS made the point of order that under clause 3, Rule xxrrrI Mr. BAKER. None; the present force of inspectors will do all this the said bill must receive its first consideration in the Committee of the Wllolo work. House on the state of the Union. After debate on the said point of order, Mr. SPINOLA. Let that go on reeord, because I wish to refer to The Speaker overruled the same, on the ground that under previous c.lecis that matter at a future time. ions it had been held that unless the bill expressly made an appropriation or Mr. KELLEY. Can the gentleman· from New York [l\fr. BA.KER] directly required one to be made, the rule quoted did not apply, the fact that execution of the law might involve an additfonal expenditure of money not be state what number of inspectors constitute the present force? ing sufficient to carry th(f pill to the Co.mmittee of the Whole• Ur. STOCKBRIDGE. The present force of inspectors is not fully .,, 424 CONGRESSIONAL RECORD-HOUSE. DECEMBER 13~ complete in the estimate of the Secretary of .Agriculture and may vary during the summer of 1889. It has for its main object, divested of all from time to time according to the needs of the service. verbiage, the giving to the people of this country in their meat products Mr. KELLEY. But the present force is the force employed under ·only that which is in a condition fit for human food, and taking from the present law. . the markets of the country that which by reason of disease will have a Mr. STOCKBRIJ)GE. The Department employs them and pays direct tendency to breed diseases among the human consumers. them for the time that they are actually employed. They are em It bas been characterized as a "monstrous measure;" and yet even ployed and paid by the day, and. the force may vary to meet the re from the banks of the Rio Grande to the Canadian border there is a quirements of the Department. cry from all classes of the people that we' should have pure food. Pure Mr. l\fILLS. Does the gentleman from New York desire or expect food does not mean simply that we should have simply pure hog lard, to obtain a vote on this bill this mo:ning? no chicory in our coffee, and no sand in"our sugar; but it means that in Mr. ·BAKER. It is the wish of the committee to have the bill con the meats which enter into the consumption of our 64,000,000 people , sidered and pa83ed; but of course we do not desire to urge it with un disease shall not be hidllen and food consumed which is tainted with dis due expedition, as it isa matter of very great importance·to the State ease injurious to the human system. of Texas, which the gentleman represents-- There are, as the gentleman from Texas and other gentlemen know Mr. MILLS. That is true. well, certain diseases, mainly pyremia and septicremia, which are not Mr. BAKER As well as to the States represented by other gentle merely injurious to the health of the people, but are in themselves men on the floor. fatal. Now, will any member present pretend for a moment, unless he A MEl\IBER. To the whole country. be 8killed in these matters, that he can, by an inspection of an animal Mr. BAKER. Of course, a matter of interest and importance to the when alive or art examination of its meat when slaughtered, say that whole country. the carcass is free from such disease and is a fit subject for human food? Mr. MILLS. Will the gentleman yield to me for a few moments? Mr. STONE, of Kentucky. How is the other follow to know it? Mr. BAKER. 1 will yield to the gentleman with pleasure. How Mr. STOCKBRIDGE. And besides this is no new matter. Several much time does he desire? States of the country have endeavored, within their own borders, by .Mr. MILLS. I do not know; not very long. This is too big a bill an inspection, to provide for both purposes, to exclude from the mar to cut down the discussion on it to .five or ten minutes. I suppose the kets of the State meats that are clearly tainted with disease and to pro gentleman does not expect really to pass it during the morning hour. tect the living animals from contact with them. But I shall consume only a short time. Mr. STONE, of Kentucky. Will the gentleman yield to me for a Mr. BAKER. I yield to the gentleman. question? Mr. MILLS. Mr. Speaker, it seems to me it would not require very Mr. STOCKBRIDGE. Certainly. much time to satisfy any gentleman on this floor who believes the peo JI.fr. STONE, ·of Kentucky. You say the man who handles the stock, ple of this country to be capable of attending to their own business the man who raises and produces the meat for market, and the man that this bill ought not to be paS:-~md. It is certainly one of the most who purchases the meat for consumption can not tell when it is fit for remarkable measures that have ever been presented to the American human food and that no man here can tell the condition either of the Congress, a measure which in substance provides that the Govern animal alive or dead. I ask how is the Government inspection officer ment of the United States shall take absolute control of the whole sub· going to tell any better than anybody else? ject of the interstate commerce of this country which is covered by this Mr. STOCKBRIDGE. I will answer the gentleman's question in a bill and that no beef can be slaughtered, no hog killed, nor can these few minutes when I come to that point. articles of domestic consumptfon be even transported by-railway from As I said, certain States have already enacted laws bearing upon this the p1oducer to the consumer until the Government official provided subject, but those laws have been found inefficient in execution because by this bill shall have inspected the same and authorized the slaughter. they stopped w~th the limits of the State, and meat which had been How much better, let me ask, is the Government inspector informed rejected by State inspectors was sent to other States and there sold for about these matters than the parties themselves, who are directly in human consumption. Now, what is proposed by this bill? The dual terested in the purchase and saie of such articles of commerce? Why inspection, first, of the animal itself; and, secondly, what is of the is it that the people themselves are not sufficiently well informed as to greater importance, inspection of the prepared meat. And right here what they want to buy, or to eat, or what are fit articles for food with let me say that one criticism of the gentleman from Texas [Mr. MILLS] out the permission of the Government of the United States or the of- is certainly without foundation, and I apprehend he cannot have read ficials appointed under it? · tbe bill carefully or he would not have made the statement, namely, Besides that, it is provided that the Government officer shall have what he said relative to the destruction of animals or of meats without authority to condem and slaughter, without compensation to the owner, compensation to the owner. And to be perfectly clear upon this point, every cow, and every ho~. and every sheep that in his superior wisdom let me read the exact wording of the bill: 11e may think proper, without the consent of the owner, who bas prac And in all cases where the said Secretary of Agriculture may deem it neces tically no voice in the matter. sary or expedient, when on said inspection any such cattle or hogs are found to be a.fleeted by any disease or iC from any other cause any of said cattle or bogs Why, Mr. Speaker, there never was such unlimited power proposed are found unfit for human consumption, the inspector shall, in the discretion of to be given in any free co~ntry over the property or the liberties of the the Secretary of Agriculture and under rules and regulations to be prescribed by people as that which is proposed to be here given. We may as well a ban· him, order their condemnation and cause them to be destroyed without com don at once the whole bauble of self-go,ernment; we may as well give up pensation to the owner. the idea of the supremacy of the people, and give to the Government :Mr. MILLS. Precisely. Therefore, when the inspector says they of the United States, represented by one. man at the head of its affairs, are all unfit, then they all go, without pay. It all depends upon the all of the powers which we have claimed were lodged in the people word and will of the inspector. themselves. Let us abandon at once the whole theory on which the Mr. STOCKBRIDGE. The gentleman from Texas, when he first Government has been framed and give to the President or bis Secretary spoke, would have you believe that all animals, . no matter whether of Agriculture the power to control even the appetites of the people, diseased or undiseased, were liable to confiscation and destruction with as well as the products of their labor and their liberties. out compensation to the owner. The wording of the bill distinctly Why not go back three hundred years and recognize, as was then confines that to cases where they are unfit for human food. recognized, the right of the ruling powers to choose the occupations of Let us go a little further. Take· the cases of pestilence which have people, and the right to interdict them from following certain pursuits swept over this country. Take thoseca.'.!es where human life has been which the government thought the people should not pursue. It is a menaced, as in the ~e of yellow fever. Is it not a matter of every monstrous measure, a measure which proposes to subject absolutely the day knowledge that property, food as well as other property, bas been food products of the whole people of this country, this immense mass taken and destroyed without compensation in the interest of the well of agricultural products, aggregating a thousand millions of dollars, being of the people? and submit it all to the control of an officer of the Government, who Ilut the objection is made that this power is vested solely and exclu may have power to sacrifice the entire value of the product without sivel.v in inspectors to be appointed by the Secretary of Agriculture. compensation to the owner. And I presume the gentleman from Texas [Mr. LANHAM] will say th'at Let us abandon the conviction that our people are capable of gov the measure becomes paternal in the care th~t it will exercise over the erning themselves, and have one man to whom we will delegate the people. authority to determine for the people what is best for them. Let us Mr. McCREARY. Will the gentleman allow me to ask him a ques surrender the whole liberties of the people to the Government, and tion? confess to the world as honest men that our theory was a mistake and l\fr. STOCKBRIDGE. Certainly. our attempt a failure, and that we are unable and incapable of at The SPEAKER pro tempore (Mr. DING LEY in the chair). Does the tending to the simplest measures necessary for our comfort and wel gentleman yield? fare. .l\Ir. STOCKBRIDGE. Certainly, for a question. That is all I desire to say on this subject now . . Mr. McCREARY. Did the committee that reported this bill ascer Mr. BAKER. I now yield to th~ gentleman from Maryland [Mr. tain how many inspectors would be required in order to enforce the STOCKilRIDGE] such time as he may desire. law if the bill should pass? Mr. STOCKBRIDGE. Mr. Speaker, this bill is one of a series of bills Mr. SPINOLA. I asked that question, and I was told that it did growing out of an in".'estigation held by a committee of the Senate not require any additional ones. , 1890. CONGRESSIONAL RECORD-HOUSE. 425 Mr. STOCKBRIDGE. There was no inquiry made upon that sub Mr. CUTCHEON. Has the committee made any computation as to iect, but I will answer the gentleman's question in a mom,ent. the number of inspectors that would be t"equired? Mr. MoCREARY. I observe that the bill states that the Secretary of :M:r. STOCKBRIDGE. I wa.s speakingon that point when the gentle Agriculture shall cause to be inspected, prior to their slaughter, all man from Illinois [Mr. CANNON] interrupted me. cattle and hogs which are the subject of interstate commerce. Now, l\Ir. CUTCHEON. Another question. Here is a farmer away back thousands, perhaps millions, of cattle and hogs are annually shipped in the country on his farm who slaughters hogs for market. He in from the various States, and if they are to be inspected it will certainly tends to take them to the next town and sell them, and does not know rE¥)uire an army of inspectors, and those inspectors will have to be whether they are going across the State line or not, or whether they paid. will be consumed in the neighboring town. Do I understand that this Mr. STOCKBRIDGE. The gentleman will have an answer to his bill requires that that farmer must under the provisions of this bill question in a few moments. • have these hogs inspected before they are slaughtered? Mr. McCREARY. The object of my inquiry is, :first, to ascertain Mr. STOCKBRIDGE. If they are for consumption within the State, how many inspectors will be required and, secondly, what the cost will no; if for consumption without the State, yes. be to the Treasury. · Mr. CUTCHEON. How is he to know that? He will take them l\Ir. STOCKBRIDGE. Continuing in what I was saying-and the to the nearest town for sale. . gentleman will find his question answered in a moment--it is a recog- Mr. STOCKBRIDGE. That would not come within the provisions - nized fact that wherever these products are unfit for human consump of this act. tion it is a matter of common decency, it is a matter akin to quaran Mr. CUTCHEON. It seems to me that it might come within the tine regulations, it is a matter akin to the prevention of a pestilence, statute. that those shall not enter into and become a part of human consump Mr. STOCKBRIDGE. I think not. tion. In this matter, therefore, of the inspectors, rwe have to-day in cer Ilow, now, isthat to be done? This question of disease in animals is tain interior States a force of skilled veterinarians originally appointed not a matter with which the layman is familiar. Few individuals can looking to the extinction of pleuropneumonia. By virtue of their ex pick out in a butcher shop a piece ofpork and tell whether or not it is in perience, from their inspection alike oflive animals and of those slaugh acondition to be dangerous to the human system from trichina which tered, they have become trained in this very service. may be in it. So, too, with othet" meats. That is a question that can There is thus afforded at the very outset a nucleus, and, for the com be determined and verified only by veterinarians skilled in the exam mencement, a sufficient force for putting this bill in operation. No ination of these products, familiar with the manifestations of disease, exact computation has been made as to the force. required, for this rea with the appearance of parasites, to detect them in many cases, it may son: It iS believed that this force already in existence for the purposes be, by the aid of the microscope. Now, it is for tha.t reason, because named, with the further force now in existence under an act of Con many of these dangerous diseases are not familiar matters to the ordi gress for the inspection of live animals intended for foreign shipment, nary consumer, that regulations, either State or national, must come mostof whom, or many of whom, are also skilled veterinarians-that in. That of the State h::iS not been shown to be effective. the force now in actTtal existence will be a sufficient force to inaugu It is therefore proposed by this act, not within the State of Texas, rate, and probably for some time continue, the operations under this nor the State of California, to say what meat slaughtered there for act. Right in that connection I wish to rMd a single paragraph from home consumption shall be used, but to say that when meats are the report of Senator VEST, chairman of the special committee which slaughtered there to be sent abroad they shall be subject to inspection had this matter in charge As I have before stated-- under direction of the Secretary of Agriculture, by veterinarians skilled Mr. TUUNER, of Georgia,. Before my colleague reads the authority in these matters. he holds in his hand, will he permit an inquiry or two? But the objection is made that this will entail a huge army of in Mr. STOCKBRIDGE. Certainly. spectors going here and there over the country armed with extraordi Mr. TURNER, of Georgia. I wnnt to ask my colleague, the gen nary powers. tleman from Maryland, whether this provision of the bill which gives It is not many years since t.he stock interests of·this country were the.Secretary of Agriculture discretion, under sach rnles and regula serions1ythreatened by the existenceofpleuropneumonia, and Congress tions as he may prescribe, to condemn these products of our country saw fit by an a.ct to authorize the appointment of inspectors to co-oper would not lead to infinite confusion and mischief, and whether the ate with_8tate authorities, but, where the States did not act, to proceed question whether cattle or other live stock is diseased or not is not a nevertheless for the extermination of the disease of pleuropneumonia. question of fact, about which the owner may desire to be heard? I That course exists to-day, not in all the States of the country, but it would further ask my colleague .whe.ther this bill contemplates any exists wherever the pleuropneumonia continues to exist. In my own trial of that question. State for some two years we had Government inspectors for pleuropneu Mr. STOCKBRIDGE. This bill does not contemplate a trial of that monia. To-day they have ceased to exist, because under the veterina question. rians selected by the Agricultural Department, skilled in that work, the Mr. TURNER, of Georgia. Then I would ask my friend if that is pleuropneumonia has been stamped out and has ceased to exist. not an unusual power, even in the States. - Mr. CANNON. Will the gentleman from Maryland allow me a Mr. STOCKBRIDGE. I think not. I do not think that it would question at this point? lea.d to any confusion; and I base my judgment upon the fact that in 1\lr. STOCKBRIDGE. Certainly. the matter of pleuropnenmonia. not identical but similar powers were Mr. CAN?gON. And allow me to state, as I ask the question, that given for condemnation and slaughter. I nm very heartily in accord with the provisions of this bill; but I want Mr. TURNER, of Georgia. My friend will remember, I think, that to call the gentleman's attention to section 3, to see if the gentleman that a.ct contemplates some compensation for the property destroyed. does not think that that seciion should be modified. It is exceedingly l\Ir. STOCKBRIDGE. In certain cases. broad. If the gentleman will allow me I will read the section: • Mr. TURNER, of Georgia. And in those cases the owner may ac That it shall be unlawful for any person to transport from one State or Ter quiesce and consent; but here is an arbitrary inspection of certain ar ritory into any other State or Territory, or the District of Columbia, or to any ticles of commerce, the result of which may be condemnaiion and de · foreign country, or for any person to deliver to another for transportation from one State or Territory into another, or to any foreign country. the carcasses of struction of property without any compensation at all. any live stock or the food products of any live stock, the subjects of interstate Mr. STOCKBRIDGE. Yes. commerce required by this act to be inspected, which ha'°e not been so inspected Mr. TURNER, of Georgia. I ask my friend if that is not rather in accordance with tho rules and regulations prepared by the Secretary of Ag riculture. contrary to the spirit of our institutions.. And, on the same subject, I want to call his attention to the fact that if this law goes into effect Now, I submit to the gentleman that it seems to me it would be it will displace the laws of various cities and municipalities through well to strike out all after line 7, includingline 7, and except the pen out the country which already attempt this sort of regulation, and in alty clause, and insert the word "diseased" before "live stock" in line that way will produce a conflict of jurisdiction. The local authorities 6, prohibiting the transportation of diseased live stock; otherwise it may say that the meat in a particular case is not diseased, while the seems to me that ·if a man were to sell a bog or any animal near the veterinary experts sent to the State or mnnicipalitynnder the auspices State boundary to his neighbor just across the line, although it might of the Secretary of Agriculture may come to a contrary decision, and be perfectly healthy, he can not deliver it without violating this sec in case of such conflict as that where will the allegiance of the citizen tion. It seems to me that the act might be made effective and that be due? I do not want to take my friend back to the ground over such a provision might be made so as not to be onerous, as I think it which we fought on a late occasion, but I call his att.ention to this would be if that section remains without amendment. point because I know he would deprecate, with me, any legislation Mr. CUTCHEON. May. I ask the gentleman from Maryland a which would make occasion for conflict between the Federal and the question? . local authorities. M:r. STOCKBRIDGE. Certainly. Mr. 8TOCKBRIDGE. Iwillsaytothegentleman that certain States, l\Ir:CUTCilEON. I want to understand the scope of this bill. As the State of Indiana, the State of Minnesota, the State of Colorado, and I understand, the animo.ls shall have an inspection before they are the Territory of New Mexico, have to-day in existence State inspection slaughtered and the meat an inspection after the animals have been lawR. Certain cities in this country have also local municipalinspection sla.ughtered? laws1 but those inspection laws relate, and relate solely, to animal food Mr. STOCKBRIDGE. Yes. products offered in their markets, killed there, for consumption there. 426 CONGRESSIONAL RECORD-HOUSE. DEOEMBER 13, This bill does not aim to regulate that matter at all. It aims to regu Mr. HATCH. I understand that, and that is all right so far as the late food products slaughtered, if you please, in the State of Illinois interstate-commerce provision is concerned; but the great question of for consumption in the District of Columbia. the local inspection of live stock and of meat products is one that has Mr. TURNER, of Georgia. The question ns to whether this is inter been before the Committee on Agriculture for ten years, and I cer state commerce or not may sometimes be a matter of dispute. For in tainly think this bill ought to go there in order to receive proper stance, the owner of the property may say that it is not intended for examination before the House act.a lilpon it. export abroad and the inspector may hold otherwise. How is that Mr. LANHAM. lhopethegentlemanfromNewYork [l\fr.B.AKER] question to be determined ? will withdraw the bill from consideration for the prm.ent. Mr. STOCKBRIDGE. The owner, if he is the individual present Mr. BAKER. Unless objection is made I will ask unanimous con where the slaughter occurs, knows perfectly well whether the meat js sent that the bill be committed to the Committee on Agriculture. a subject of interstate commerce or not. If it is not a subject of inter l\fr. HATCH. I hope that will be agreed to. state commerce it does not come within the purview of this bill. The SPEAKER pro tempore ll\lr. DINGLEY). The gentleman from Mr. TURNER, of Georgia. But suppose there is a dispute between New York asks unanimous consent that this bill be sent to the Com him and the inspector, the inspector suspecting some attempt at im mittee on Agriculture. position, how will the question be determined? Mr. HOPKINS. There seems to becom!iderablequestion a.sto where Mr. STOCKBRIDGE. The gentleman will find nothing in this bill this bill ought to go. There are some grave legal questions involved, which in any such case gives jurisdiction to the inspector. one raised by the distinguished gentleman from Georgia. Mr. TURNER, of Georgia. I can see that an inspector might arbi l\fr. HATCH. When the Committee on Agriculture gets through trarily interfere and say that a particular lot of pork or beef was in with the bill, if there are then any legal questions involved which are tended for shipment when the citizen, the owner, might say that it not settled to the satisfaction of the House, we will refer it to the Com was not, and the inspector might then undertake to interpose and con mittee on the Judiciary. demn the article. And I want to ask my friend about the matter as Mr. FUNSTON. Or refer it to the gentleman from Illinois [Mr. HOP to which I desired to inquire in the outset. · KINS]. Soppose the citizen challenges the conclusion of the Government ex Mr. IIOPKINS. All right.. [Laughter.] perts. My friend knows that the existence of disease in ineat or of Mr. BAKER. I move that the bill be reforred to the Committee on the germs of disease in whatever form it may appear, whether you call Agficulture. them bacilli or bacteria or anything else, is a question of science and Mr. HOPKINS. In view of the suggestion of the gentleman from skill. Missouri [Mr. HATCII] I have no objection to that reference. Mr. STOCKBRIDGE. I did not yield to the gentleman for a speech. Mr. KERR, of Iowa. I protest against nny agreement being made l\fr. TURNER, of Geor6ia. I know, and I ·will detain the gentle in advance that in case there- are legal questions presented the bill man but a moment. The gentleman knows, I say, that the evidences shall go to the Committee on the Judiciary-- of the existence of certain dangerous diseases in cattle and hogs are A MEMBER. That was not agreed to. matters of dispute even among scientific men. l\fr. KERR, of Iowa. I think the bill with some modifications ought Now, auppose the owner challenges the statement that his ·meat is to pass. disensed, who is to try the question? ls the inspector to be the tri The quest.ion being taken on the motion of Mr. BAKER, the bill was bunal to determine it? referred to the Committee on Agriculture. Mr. LANHAM. The bill leaves it to the inspector, under rules and regulations to be prescribed by the Secretary of Agriculture. TESTIMONY FOR INTERSTATE COMMERCE COl\IMISSION. Mr. TURNER, of Georgia. I wish to ask myfriend from Maryland l\fr. RAKER. I call up, on behalf of the Committee on Commerce, if that is not rather unamerican? the bill (S. 3173) to amend au act entitled ''An act to' regulate com~ Mr. STOCKBRIDGE. This bill provides distinctly for an inspection merce," approved February 4, 1887. under rules and regulations to be prescribed by the Secretary of Agri The Clerk proceeded to read the bill, which is as follows: . culture. Now, I wish to say to the gentleman from Georgia that there Be it enacted, etc., 'fhat section 12 of an act entitled "An act to regulate com· are certain diseases of animals recognized by veterinarians and easily merce,'' approved February 4, 1887, be, and it is hereby, amended so as to read as follows: detected, which are highly dangerous to the human system. Then "l::!i;c. 12. That the commission hereby created shall have authority to inquire therQ are certain other diseases of animals which are recognized as not into tho management of the business of all common carriers subject to the pro rendering the meat prod net in any way objectionable, and there is still a visions oft~is act, and shall keep itself informed as to the manner and method in whichtheso.me is conducted, and shallhave tho right to obtain from such com third class of diseases in regard to which there is a difference of opinion mon carriers full and complete information necessary to enable the commission and which are debatable ground. For instance, none of us will dis to perform the duties and carry out the objects for which It was created ; and the agree as to the subjed of trichina, or as to pyremia, or septicremia, but commission is hereby authorized and required to execute and enforce the provis ions of this a.ct; and, upon the request of the commission, it shall be thedutvof as to the class of diseases where there is a divergence of opinion among any district attorney of the United States to whom the commission may apply to the nuthorities it seems to me that is a matter to be adjusted, and institute in the proper court and to prosecute undor the direction ofthe Attorney properly to be adjusted, in the rules and regulations to be prescribed General of the United States all necessary proceedings for the enforcement of the by the Secretary of Agriculture. · provisions of this a.ct and for the punishment of a.ll violations thereof and the costs and expenses of such prosecution shall be paid out of the appropri~tion for Mr. HATCH. Will my friend from Maryland yield to mo for a mo the expenses of the courts of the United States; and for tho purposes of this act ment? tho commission shall have power to require, by subpoona, tllo attendance and testimony of witnesses and tho production of all books, papers, tariffs, contracts, Mr. STOCKBRIDGE. For a question. agreements, and documents relating to any matter under investigatio9. Mr. HATCH. Does the gentleman propose to ask for ll vote on this "Such attendance of witnesses and the production of such documentary evi· bill during the morning hour? I understand it has been called up in dence may be required from any place in the United States, at any desi~ated place of hearing. And in case of disobedience to a subprena. the commission, this morning hour. or nny rarty to a. proceeding before the commission, may invoke the aid of any Mr. STOCKBRIDGE. It has. court o the United States in requiring tho attendance and testimony of wi~ Mr. HATCH. Well, I want to suggest this to the gentleman from nesscs and tho production of books, papers, and documents under the provis· ions of this section. " 1\1aryland. I have never seen this bill until to-day. It is an extreme "And any of the circuit courts of the United States within the jurisdiction of mea.,ure. It contains- some of the wildest propositions that I have which such inquiry is carried on may, in case of contumacy or refusal to obey ever heard suggested on the subject to which it relates, and I have a subpoona issued to any common carrier subject to the provisions of this act or other person, issue an order requiring such common carrier or other person been studying that suQject for twelve years-- to appear before said commission (and produce books and papers if so ordered) Mr. STOCKBRIDGE. I yielded only for a question. The gentleman and give evidence touching the matter in question; and any failure to obey can make his remarks on the bill in his own time. snch order of the court may be punished. by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate tho per Mr. HATCH. I thought I was prepared to go aa far as any gentle son giving such evidence shall not excuse such witness from testifying; hut man on this floor in the direction ofproper control and inspection- such evidence or testimony shall not be used against such pe1·son on the trial Mr. STOCKBRIDGE. I can not yield to thegentlemanforremarks of any criminal proceeding. at this time. I yielded for a question. . "The testimony of any witness may he taken, at the instance of a party, in any proceeding 01· investigation depending before the commission, by doposi Mr. HATCH. Well, I want to ask the Aentlemnn if he will not yield tiou at any time after a cause or proceeding is at issue on petition and answer. the floor to give me an opportunity to submit a motion, and let the Tbo'commlssion may also order testimony to bo taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding HoU3e pass upon it, that this bill be recommitted and sent to the Com or investigation. Such depositions may be takon before any judge of any court mittee on Agriculture. The subject-matter belongs to that committee, of the United States, or any comm~sio~er of~ circuit, or any clerk of a distr.ict and the bill ought to be-examined ancl investigated by the Committee or circuit court, or any chancellor, JUSt1.ce, Grande, Oregon, as shown by the report, the entrymen were charged Mr. McCREA.RY. I rise to make a statement in regard to the ques· $5 per acre instead of $2. 50. tion before the House. The Land Office decided that it had no power to remit the excess of The CH.AIRMAN. The question is for unanimous consent to dis· payment, and hence the parties were remitted to Congress for their pense with the first reading of the bill. remedy. The office held that the Revised Statutes authorizing the re· Mr. McCREARY. I understand that, sir. payment of purchase money on erroneous entries applied only to er· My statement is this: This bill just now reported by the chairman :roneous entries of land, and not to erroneous charges, except where of thQ Committee on Private Land Claims [Mr. CASWELL] was befote entries were fraudulent. So there is no law covering similar cases, and this House of Representatives when the Fiftieth Congress was in sessiqn~ hence these parties come to Congress for relief: substantially the same bill. It was discussed here for a day and a. The Commissioner of the General Land Office has made bis report to half, and I see no necessity now for reading this lengthy bill througA Congress upon this particular case, and he decides that there is no power again. I therefore agree with the gentleman from Wisconsin that w~ in the Department to make repayment, unless special legislation au· should dispense with the reading of the bill and proceed at once to thorizes it to be done. The facts stated by me are admitted in the Com· the general debate upon it, after which t.he bill can be read by para missioner's report, and, on the right of repayment through the Depart. graphs and the amendments proposed by the committee considered. ment, he construes the existing law as to repayments in the following The CHAIRMAN. Is there objection to dispensing with the first language: formal reaqing of the bill? Section 2362 of the Revised Statutes provides for repayment in cases where a Mr. KILGORE. There are a great many gentlemen who were in tract of land "bas been erroneously sold by the United Sta.tea, so that from any the Fiftith Congress who are not present now, and I think there will cause the sale can not be confirmed." , The act of June 16, 1880 (21 Statutes, 287) provides: "That repayment may bo bea number in the Fifty-second who are not here now. (Laughter.] made of fees, commissions, and excess payment upon the location of clai~s I think the bill ought to be read. under section 2706, Revised Statutes, where said claims were, after such lo~ Mr. McCREARY. I will say to my friend that as the bill is read by tions found to be fraudulent and void and the entries of locations made thereon canceled, or where entries shall be canceled for conflict," .. or where from any paragraphs every member of the committee will have an opportunity cause the entry lms been erroneously allowed and can not be confirmed." , to see what it is. Mr. KILGORE. All right. From the construction of the law it is plain that these entrymen do not come within the provisions of any existing law as to repayment, and The CHAIRMAN. Is there further objection? The Chair hears that justice may now be done these parties it is necessary that Congress none. should act. Mr. McCREA.RY. l\ir. Chairman, I would like to know how much Mr. WICKHAM. I move that the bill be laid aside to be reported time it is proposed to allow for general debate on the bill. Mr. CASWELL. I desire to have as little time as possible occupied, to the House with a favorable recommendation. The motion was agreed to. and would be glad if it could be limited to an hour or an hour and a half. I ask that general debate may be limited to one hour. WESLEY MONTGO::\IERY. The CHAIRMAN. The gentleman from Wisconsin [Mr. CASWELL] Mr. CA.SWELL. I now call up for consideration the bill (H. R. asks unanimous consent that all general debate on this bill be limited 2072) for the relief of Wesley Montgomery. to one hour. Is there any o~jection? The bill was read, ns follows: Mr. McRAE objected, but subsequently withdrew his objection. Mr. CASWELL. I yield to the gentleman from Ohio [Mr. WICKIIA.l\I] Be it enacted, etc., That the Commissioner of the General Land Office be, and be is hereby, authorized and required to permit Wesley Montgomery, of Adams for thirty minutes. County, State of Nebraska., to enter 160 acres of any of the unappropriated pub Mr. WICKHAM. Mr. Chairman, the legislation proposed by this lic lands of the United States, not mineral nor in the actua.l occupation of any bill, is, .to a vast portion of our territory of supreme importance. The settler, in lieu of the northeast quarter of section 2.3 of township 28 north, of range 14 west, in Iroquois County, Illinois, which land was entered by said area of countr.Y to be affected by it is nearly equal in extent to that Wesley Montgomery on February 20, 1874, under the homestead laws, in accord oftheStates of !)fassachusett.s, Connecticut, and New Hampshire com ance with instructfons of the Commissioner of the Genera.I Land Office to the reg bined. It concerns the settlement of titles to land embracing 13,500,000 ister and the receiver of the date of August 9, 1873, the title to which land failed because of a prior disposition of the same which did not then appear upon the acres. recordsoftheLandOffice: Pro-i:ided, however, Thatthesaid \Vesleyl\Iontgomery By the terms of the treaty of Guadalupe Hidalgo, made between the shall not have mo.de any other entry of land of the United States under the United States and the Government of Mexico on the 2d day of Febru· homestead laws. ary, 1848, and the Gadsden purchase, made on the 30th day of Decem· Mr. DORSEY. I move that the bill be laid aside· and reported fa ber, 1853, it became the solemn duty of this Government speedily to vorablv to the House. recognize and settle all claims to public lands m the territory ceded The -motion was agreed to. or granted by those treaties arising under any Spanish or Mexican grants made prior to the respective dates of those treaties. UNITED STATES J .. AND COURT. The language of that part of the eighth article of the treaty of Gun. Mr. CASWELL. The next bill I desire to call up, Mr. Chairman, dalupe Hidalgo relating to this subject is as follows: is the bill (H. R. 9798) to establish a United States land court and to pr and now embraced within the Territories of New Mexico, Wyoming, history, and of the' provisions of this measure for the relief of the Arizona, or Utah, or .within the States of Nevada or Colorado, by vir claimants, and also of those who may settle upon lands, supposing them tue of any Spanish or Mexican grant, concession, warrant, or survey that to ho public lands, only to discover after making lasting and valuable the United States are bound to recognize and confirm by virtue of the impro"°ements, that they are included within the boundaries of some treat ies of cession of said country by Mexico to the United States, which claim that may or may not be valid. These people have now been at the date of the passage of the act have not been confirmed by act of waiting for justice longer than the Israelites wandered in the wilder Con!-! ress or otherwise finally decided upon by lawful authority, and ness and have not yet come in sight of their ''promised land.'' whieh have not become completed and perfect, may present a petition It is the duty of Congress, not only under solemn treaty obligations, in writing to the said court in the State or Territory where said land but as the great law-making power of the land, who alone can by wise is situated and where the said court holds its session; but in cases aris legislation bring relief to these" people, suffering so Jong from the dis· ing in a State or Territory in which the court does not hold regular couragement and harassment of uncertain land titles, to afford them sessions at such place as may be designated by the rules of the court; that relief and do it speedily. [Applause.] which petition shall fully set forth the nature of the claim, including l\IESSAGE FilOl\I TIIE SE.NATE. the claimant's chain of title and the quantity and boundaries of the The committee rose informally to receive a message from the Senate, land claimed. It is also provided thatsuchpetitionshn.11 befiled within with Ur. McCREARY in the chair as Speaker pro tcmporo. three years after the faking effect of the act or the claimant shall be .A. message from the Senate, by Mr. ],\-1cCooK, its Secretary, announced foreYer b:ured and bis claim be regaro.ed as abandoned. that the -Senate had passed without amendment the bill (H. R.118·12) The provision just mentioned, for a limitation of three years within for the relief of James B. Guthrie. which claimants shall file their petitions, is one of the most beneficent The message also announceu that the Senate had passed with an features of the bill, and one that will go a long wn,y towards bringing amendment the bill (H. R. 8243) supplementary to an act entitled ''An about a speedy and finalsettlement of these claims. In the statute of act to authorize the construction of the Baltimore and Potomac Rail 1854, to -which I have already referred, singularly enough, there was road in the District of Columbia," asked a conference with the House contained no limitation within which claims should be presented to on the bill and amendment, and had appointed Mr. McM:ILLAN, Mr. the surveyors general, and the result is that, notwithstanding the lapse F ARWELi, and 1\Ir. HARRIS as saiu con(erces on the part of the Sen of more than forty years since the treaty of ,Guadalupe Hidalgo and ate. thirty-six years sit?-ce the enactment of that law, claims are yet being The message also announced that the Senate had nonconcurred in asserted. , the Honse amendments to the bill (S. 2783) for the relief of the Mission There is provision in the bill for appeal from the decision of the court Indians, in the State of California, hatl agree1 to the conference asked , to the United States Supreme Court by either the claimant or the Gov for, and had appointed l\fessrs. DA WES, STOCKilRIDGE, and DAN:IEL as ernment within one year from the date of the decision, in the same said conferees on the part. of the Senate. · manner anq upon the same conditions as are now provided by law for the t Hidalgo, we acquired 334, 500, 000 acres from Mexico, and when in 1853 ~round. I have before me here the so-called treaties of Guadalupe we acquired, under what is known as the Gadsden treaty, 30,000,000 Hidalgo and Gadsden. Under these treaties made between the United acres, nothing was done except to pass an act in 1854, which has been States and Mexico we entered into a solemn agreement that we would simply a stumbling-block in the way, and bas not led to the settle protect the settlers that were found upon those lands in all the rights ment of these private la.nd claims. derived from Mexico and from Spain. Mr. BLANCHARD. Will the gentleman from Kentucky allow me That has not been done. Many of. the small holders have been to ask him a question? ejected and they have been treated in such a mru;mer as that, from New 1tfr. McCREARY. Yes, sir. . Mexico alone delegation after dele~ation has come here, the governor Mr. IlLANCHATID. The gentleman stated that after the t~rritory of the Territory has been here, two of the justices of the district court embraced in what was known at that time as the Louisiana purchase of New Mexico, and a large delegation of citizens have been here, all was acquired commissioners were sent out; and the private land claims asking for some kind of a law that would settle these private land incmded in that territory acquired by the -Government, from France claims. and Spain, had all been settled. Is not my friend mistaken in saying 111r. OATES. I wili ask the gentlemen from Kentucky whether that they have been settled? In tho State of Louisiana, to my knowl t,his bill is similar to the one introduced by him in the last Conwess. edge, there are a number of Spanish and French land claims remaining Mr. McCREARY. Yes, sir; this bill is almost exactly similar to to this day unsettled; and many of them have been reported for con that which I prep:ued and introduced in the Fiftieth Congress, and firmation by the General Land Office, but it has been impossible to get which, after being considered in this House for a day, passed the House. Congress to act upon them. There are some immaterial provisions of this measure that I do not 1\1.r. McCREARY. The gentleman from Louisiana misunderstood favor, but in the main I indorse the bill tbat has been reported by t he my remark. I said that in 1803, when we acquired from France the committee. Louisiana territory, immediately thereafter two boards of commis Mr. Chairman, it is perfectly clear to my mind that if we arc going sioners were appointed to examine and settle the private land claims; to give any relief. whatever it should be given through a land-court but that forty years have elapsed since the treaty of Guaclalupe Hi bill. In that way I think we can get through with the work in four dalgo was made between the United States and Mexico, and up to this years; wherca'3 if we turn the business .over to the United St..1.tes dis good hour I said no board of commissioners has been appointed and trict courts of the Territories and States named it wi11 drag along for ~ent out for the purpo~c of settling the private land claims in the Ter- many years. . ritories and in the States named in this bill. · So, if we appoint a. board of commissioners it will take years to set Mr. BLANCHARD. I think my friend said that a commission was tle the l>usiness, but if we send out men vested with judicial power, if ap_pointed to look into these matters in the Territory of Louisiana and we organize a court and let that court sit in Washington arid send ~out had settled these private land claims, ~hen in point of fact many of its members to these States and Territories, then there will be judicial these claims at this time remain unsettled and are unconfirmed by Con investigation and settlement of these private land claims and justice gress, notwithstanding the recommendation of the General Land Office.' will be done to all the parties concerned. l\Ir. McCREARY. The gentleman misunderstood me if ho under Of the States and Territories· named, Colorado, Wyoming, and No sto0<1. me to say that. There are some Louisiana claims still pending. .vada have already reached statehood, but Arizona, New Mexico, and But what I say is, when we acquired from France the immense and Utah are still Territories. It is our duty to look after the interests of valuable territory which to-day forms nine of the States of this Union all of them. ·These Territories and States are forging along. They and pa.rt of four other States in this Union, that immediately after we are progressing, theY'are improving, and we ought to protect them acquired under that treaty 757,000,000 acres we sent out two boards from the land-pirates and the homestead-wreckers that are going out of commissioners to settle these private land claims; and so when we there and taking up their lands. acquired the 38,000,000 acres from Spain, known as the Florida pur The people there noed protection and they ought to have protection. chase, immediately thereafter a board of commissioners was organized Justice demands, sir, that we should do something for them. They to settle private land claims in Florida; but when we acquired the have a grand country. They have inexhaustible mines of gold and 334,500,000 acres under the Guadalupe Hidalgo treaty and when we silver and copper. They have illimitable deposits of coal. -They have acquired .the 38,000,000 under the Gadsden treaty Congress simply grand agricultural wealth. They have a climate as salubrious as any passed what is known as the act of 1854, which, as I sald before, has in th~ world. There is to-day but one blight, but one thing to retard been an obstruction rather than a benefit and has been inadequate for their progress, and that is these unsettled land cl.aims. That remains the settlement of these private land claims. a menace upon their prosperity and a check to their progress. The reports. of the land commissioners are very interesting on this I say, sir, that justice to our own Government, justice to the people subject. The reports of the Commissioner of the Laud Office show that who live out there, justice to oq.r obligations under the treaties that after a lapse of nearly thirty years over one thousand claims have been we have entered into with Mexico, demands that this bill should pass filed and but one hundred and fifty cases have been reported to Con and that there should be a speedy settlement of these land claims. gress. Under the act of 1854 a report is made on these claims by the sur Mr. CASWELL. I ·yield ten minutes to the gentleman from New veyor general to the Secretary of the Interior, and by him laid before l\Iexic<;> [Mr. J OSEPII J. Congress; and yet in the last thh;ty years there have only been a few Mr. JOSEPH. M:r. Chairman, the object of this bill is to settle the. of those claims confirmed by Congress. From 1860 until 1869 only titles to private land claims in the Territories of New Mexico, Arizona, five private land claims were confirmed by Congress; from 18G9 to 1879 and Utah and the States of Colorado, Nevada, and Wyoming. The only three private land claims wer(} confirmed by Congress, and from bill is nearly identical with bills passed mthe Forty-ninth and Fiftieth 1879 up to the presen~ time-el~venyears-notonesolitary privatela.nd Congresses, w hicli were passed almost unanimously, and I hope thn.t claim has 'Qeen confirmed by Congress. . this bill will pass at this time. ' Therefore, Mr. Chairman, we nre compelled to look to some other The security of land titles is an absolute essential to the development forum than the Congress of the United States to settle these private of any country. No settler can be induced to occupy and improve land land claims. Various plans have been suggested. Some members of from which he is liable to be evicted by the assertion ofasuperiortitle. this House suggested two yoars ngo that these claims be sett1ed in the Persons in possession are deterred from making substantial improve Interior Dcpar~ment, bu tit is manifest that that is not the proper forum ments when there is a possibility that their lands and all their improve to settle them. There are other gentlemen wh.o have suggested thatw-e ments may fall into the-bands of others claiming by adverse title. have boards of commissioners. But boards oi commissioners have not The importance of this bill is shown by the-number of acres ofland worked well in the last few years. the title to which is to be decided under its provisions. No exact The CHAIRl\iAN. The time-of the gentleman has expired. figures are accessible, but partial estimates will exhibit the enormous 1!fr. McCREARY. I ask the gentleman in charge of the bill to yield extent of the territory. The report of the Commissioner of the General me a little further time: Land Office for 1881 ("Thepublicdomain," page 400) shows that the The CHAIR~IAN,. Ten minutes more is yielded to the gentlemnn. land grants in New Mexico and Colorado, whose confirmation had been ' Mr. McCREARY. The bill under consideration has been carefully recommended .on June 30, 1880, amounted to 4,294,672 acres. At the prepared and it is now generally conceded that a tribunal clothed with same date there had been 146,25G acres in Arizona recommended for the functions of a court and authorized to judicially investigate and confirmation, all under private land grants. These figures do not in · setlile private land claims will furnish the relief desired. The court clude the number of acres claimed under the same grants, all of which provided for only continues four years. The papers in hundreds of is reserved from settlement, the number of acres for which no claim ha.s cases are· already :filed in the Interior Department. There are a num been filed, or the number of acres for which claims hnse been filed, but ber of small claims in these Territories and States named in the bill in which have been rejected or not yet reported on. ' which the papers are not prepared, and this bill is drawn so as to meet The committee estimate in their report (H. Report No. G75) that the all these cn.ses. · total number of acres claimed under private land grants in New l\Iexico It provides that the judges appointed are ·to hold th~ir courts in is about 10,000,000 acres; in Colorado, about 3,000,000 acres, and in Washington, and it also provides for sending out members of that court Arizona, about500,000acres, making altogether the enormous territory to the different Territories and States named, and that they shall bold of 13,500,000 acres, almost equal to the combined area of the States their courts in the capitals of those Territories or States. of :Massachusetts, Connecticut, ancl New Hampshire. It is the title to Now, 1\Ir. Chairman, I ask for the passage of this bill upon another this enormous extent of co.untry which this bill proposes to settle. All 432 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 13, ·_ the evils of unsettled titles have existed there for now nearly forty years, not generally worth over $2. 50 per acre. It is therefore safe to say and this, too, in spite of the fact that nearly forty years ago the solemn that the value of the land in controversy ia more than four-fifths of all pledge of th€' United States was given by treaty stipulation for their th~ cases of private land grants is not over $400.. It is therefore ap settlement. By the treaty between the United States and the Republic parent that any remedy proposed which involves expensive litigation of Mexico, of February 2, 1818, known as the treaty of Guadalupe Hi for the assertion of title would be absolute confiscation of hundreds of .dalgo, the present Territory of New l\Iexico was ceded to the United homesteads. Any such remedy for existing evils would be a moc_ke!~y, States. This treaty provided that all property rlght'3 of Mexican citi aiding the weal thy, but absolutely ruining the poor. These small grants zens should be respected; and by the subsequent treaty ofDecember30, are ancestral homesteads, many of them in possession of the same fami 1853, known as the ''Gadsden treaty," this provision was confirmed. lies for.over a century. There will be no dispute as to the title of theae. Its terms are as follows (Article VIII. 9 Statµtes at Large, page 115): Any tribunal upon the fl.rat examination will confirm the grants at once l\[exicans now e!ltablished in territories previously b elonging to Mexico, and without hesitation. And these uncontested grants wonld outnumber which remain for the future within the limits of the United States, as defined by ten to one the grants about which there could be any controversy. the present treaty, shall be free to continue where they now reside or to remove at any time to the Mexican Republic, retaining the property which they possess The land covered by valid claims was never the property of the in the said territories, or dispo!lingtbereofand removing the proceeds wherever United States. The grants under which the present owners hold title they please, without their being subjected on this account to any contribution, were made, many of them, over a hundred years before the cession of tax, or charge whatever. · the territory to the United States, and the object to be attained by the But the property rights thus confirmed could not be fully respected holders is not to get anything from the Government of the United unless means were adopted by the United States to settle the bounda States, but to free their own lands from the cloud upon the title caused ries between public and private domain. This obligation was neces· by the failure of the United States to make provision for the proof of sarily inherent in the treaty stipulation, and was fully recognized by tit.Jes. To burden these homesteads with large bills of expense for an the passage of the act of July 22, 1854, entitled "An act to establish opportunity of establishing ownership would he an outrage. · The treaty the office of -surveyor general of New Mexico, Kansas, and Nebraska, of 1848, too, in providing that citizens should retain their property to grant donations to actual settlers therein, and for other purposes." "without their being subjected on this account to any contribution, By the eighth section of that act it was made the duty of the s1u tax, or charge whatever," would seem to oblige the United States. in veyor general to investigate all cl~ims to land in the Territory of New fixing the delimitations between the property of citizens and of the Mexico under the laws, usages, and customs of Spain and Mexico, nnd United States, to do so without charge to them. This view of the to report upon all such claims. The Jaw further provided that-the re treaty obligations has long been held by them as well as by the United port should be lnid before Congress for its action "with a view to con States surveyors general. (See Reports of. Commissioner of the Gen firm bona fide grants and give full effect to tho treaty of 1848 b~tweeu eral Land Office for 1869, page 319, and for 1873, page 102.) the United States and Mexico;" and, in order that the rights guaran Whatever remedy is proposed must not in any event burucn the tied in this treaty should be in no manner infringed, it was· further pro owners of undisputed land grants with heavy bills of cost. vided by the same act that, "until the final action of Congress upon The remedy must also be prompt. For forty years has settlement such claims, all lands covered thereby shall be reserved from sale or been withheld. When it is made it should be made without needless other disposal by the Government and shall not be subject to the do delays. The surveyor general of New Mexico in 1874 strongly painted nation granted by the previous provisions of this act." the existing state of affairs (Report Commissioner General Land Of The provisions of law were extended to Colorado by the act of Feb fice, 1874, page 113): ruary 28, 1861 (12 Statutes at Large, page 176), and to Arizona by the For want of a feeling of security as to title, s::i.les of land, either by Govern act of July 15, 1870 (16 Statutes at Large, page 304). The purpose of ment or grant claimants, in such regions are practically closed out, and will so Congr,ess was to carry out the provisions of treaty stipulations; but, remain until some relief is afforded by Congress. unfortunately, the means adopted were wholly ineffectual. The Sec The Commissioner of the General Land Office, in his report for 1876, retary of the Interior, in his report for 1880 (page 32), says: used this language (page 27): After a lapse of nearly thirty years, more than one thousand cla ims have been In addition to tho foregoing, I might add that while these private land claims filed with the surveyors geneml, of which less than one hundred and fifty have remain in their present unsettled condition it will continue to retard immigra been reported to Congress, and, of the number so i·eported, Congress has finally tion to and settlement in said Territories; for, until the titles thereto are ascer acted upon only seventy-one. tained a.nd the land segre~ated from the public domain, it will be impossible Thn.t n~mber has not since then been increased. This act has now to determine which is public land subject to appl'Opriation and settlement un been in operation for thirty-six years, and but 7 per cent. of the claims <.ler the public-land laws and which is not. filed under it have been disposed of. At the same rate of progress it The surveyor general in the same year thus spoke of the increase of must be several centuries before all these claims are acted upon under difficulty with lapse of time (Report Commissioner General Land Office, existing law. It is therefore not surprising that the same Secretary of 1876, page 231): the Interior says of this law (Report for 1880, page 32): The longer the investigation of these titles and adjustment of these claims are deferred the more difficult does it become to distinguish between the legitimate Its operation has been n. failure, amounting to a denial or justice bot.h to the and the illegitimate grants, and the greater the opportunity for perpetrating claimants and to the United States. frauds and imposing manufactured paper titles upon the Government. While the evils totheownersofvaJidclaimsnrethusapparent, what It is also an injustice to the proper claimant who desires to perfect his title, as it becomes more difficult to prove up his case as time lapses, and, should he -is to be said of the great injury to the public in the reservation of enor desire to dispose of his estate, its real value is dep.re~iated from the fact that ho mous areas of land by the mere· filing of a claim? Under the act of can not show a perfect title by feason of the non action of Congress in confirm· 1854 the whole tract claimed is by the mere fact of presentation of the ing his right to the same. claim reserved from disposition by the Government. The settlement A.nd in 1881 he used this language (Report Commissioner General and development of the country are wholly barred. Land Office, 18'31, page 781): ' The construction of railroads through New Mexico and Arizor.a and the cor. sequent influx of population into these Territories render it imperatively nec Tho land-grant question is becoming more serious in this Territory as time essary that these claims should be finally settled with the least possible delay. lapses. (Report Secretary Interior, ISSO.) In his report for 1883 the Commissioner of the General Laud Office Year after year have successive Commissioners of the General Land speaks of the increase of evils with t~e lapRe of time (page 11): Officeaml surveyors general of New Mexico called attention tothene There is a further liability of the assertion or claims heretofore unknown. The increasing value ofland, owing to the increased facilities of communication 'cessity of some legislation to cure these evils, but Congress has turned · and the general settlement of all the Territories, invites the assertion of such a deaf ear to all compfaints. On the one hanq, Congress has refused claims and is an incentive to the manufacture of fraudulent titles. The lapse to act upon the claims reported to it under the act of 1854 for confirma of time favors claims of a doubtful cha,racter and e&pecially favors a broad ex• tion, and, on the other hand, it bas failed to create any tribunal to pan&ion of original claims. consider and decide the claims. No remedy will be adequate which permits the present comlition of Every interest demands the prom ptest possible settlement; the owners affairs to continue from year to year for another decade, but it must of valid claims demand the fulfillment of treaty obligation, the people he such as will close promptly all cases save those whose complexity of the Territory in general demand the removal of this clog upon their and uncertainty and magnitude demand the thorough scrutiny of tho progress, and the interest of the United States demands that lands to highest judicial tribunal of the country. which no valid adverse title can be asserted should be rcognized as a Finally, any tribunal to which these cases are referred must be of part of the nation::i.l domain and furnish homes for bona fide settlers. such intelligence as to be able .to discriminate between valid and in To determine what will be the most effective remedy for these press valid grants, and for this purpose it must be armed with full powers to ing evils, regard must be had to all the circumstances. There is a pre investigate every avenue of information, and it must be afforded the vailing impression in some directions that the land grants in New Mex most ample and favorable opportunities for personal intimacy with the ico are generally of enormous size and for the greater part permeated subject-matter of the.grants. Without these qualifications the tribu with fraud. Many of them are for large tracts, and undoubtedly the nal can not properly perform its functions. chance of gaining possession of farge areas has stimulated somefraudn This bil_l proposes the creation of a special land court of three judges, lent attempts against the Government. But probably 75 per cent. of which shall hold special sessions at Santa F6, N. Mex., Tucson, Ariz., the over one thousand claims already filed and 95 per cent. of the and Denver, Colo~, by individualjudg~, and sh~ll, during each year, claims which have never been filed are for les~ than 160 acres of land, sit at Washington. and many of them for less than 80 acres, and this land is 11robably The title in the sma11er cases is so clear and undisputed that there 1890. CONGRESSIONAL RECORD-HOUSE. 433 can be appeals in no more than 10 per cen·t. of the cases decided by It is respectfully suggested that the creation by Congress of a. commission similar to that instituted under the act of March 3, 18151, for California-would the court proposed in this bill. best conduce to a speedy and just sett.lement of claims of this kind and pro By holding s~ssions at Santa F6, Tucson, and Denver during every mote the rapid growth of those young_ and enterprising Territories. year, this court will become thoroughly familiar with all matters per· taining to private land claims, the old records at Santa Fe will be In his report for 1875 the Commis3ioner of the General Land Office easily accessible, and claimants are given an apportunity either to take made the following recommendation (page 45): their testimony in writing or to present themselves and witnesses for The remedy which I suggest for the correction of these e,·ils is the repeal of the jurisdiction now vested in the surveyors general and the appointment of oral examination before the court at Santa Fe, Tucson, or Denver. three or more commissioners, with full power to hear and decide the validity R-x: perience has shown in the past that special courts or commissions of all grant claims within the limits of the territory acquired from Mexico, ex· created for like purposes as this can act expeditiously on matters be· ccpt in the State of California, and witbappeal from theh- decision to the United States courts. Ily the selection of men specially qualified for and who can de fore them. Land titles in 'Mississippi were settled by two commissions vote their time exclusively to these duties a more speedy and otherwise more sitting under the act of March 3, 1823 {2 Statutes at Large, 229). satisfactory settlement will be obtained. It is believed that if the pnpers in These two boards adjourned September 21, 1805. Allowing for de each co.se be put in order and the record mn.de up by these commissi.oner;i, more speed will be obtained than if the courts, with their other importa nt duties, are lays in the organization of the boards, they were in operation only about given original jurisdiction over these claims. two years, and This plan was pursued until the annexation of the territory by the United was better for the nation that the country should be settled and the land reduced States. Under the republic of l\Iexico, the colonization laws and regulations to private ownership. · oecame a very complete system, admirably adapted to the character of the peo Generally the lands and waters were assigned to ea.ch person "in conformity ple they were designed to benefit, and to the character of the country to be oc with the disposition of the land" by an inferior officer (O.lca.lde) sent with them cupied. The governing ideas always were that to anyone without land lands for the purpo~e. The result would be a placita. with its outlymg landB, some should be given as long as the government had unoccupied land, and that it thing like the following : lli nr :IV V 'VI' "Vll The Arabic figures indicate the house lot on which the man lives with bis ho has come to assist them in getting title t-0 their homes, 'would be rendered . family, and the roman numerals his farm lot on which he raises the little crop every assistance. Let every farm lot of long occupancy be surveyed and shown of wheat and vegetables by which they subsist. on the township plat as b~longing to its owner. \ The moisture which causes his crop to grow comes not from the blue sky over Then if it be an unconfirmed community grant with.outlying lands, assign his head, but from the acequia at the rear; and when his turn comes to use it, to each one a wood lot, say of the same size as bis fa.rm lot, in payment for his he cuts it.s bank with hiFJ hoe and the life-giving water quickly fills his first inchoate right in these outlying lands. Lands that could be made very valua· square of earth to the depth of a few inches; then, as the grolind all slopes gently ble can not be left as unfenced commons for the benefit of a. few goats and cattle. down toward the river, the water moves quietly on from cross-ridge to cross The system that was adapted to the old times and the needs of a sparsely set ridge,leaving the squares behind U so thoroughly soaked that under the warm tled co~munity must now pass away and be replaced by the American plan of sun of New Mexico they will produce luxuriamly of whatever may be required individual ownership and inclosed lots, and the sooner the Government makes of them. From the nature of his cultivation his land must extend from the the inevitable change the better it will l>e for all concerned. acequia down ward as the land slopes; and so farms that look all out of shape to After the plat goes to the register, the indications of ownership thereon should the eastern man are the almost universal custom here. And they arc more apt be subject to contest by any one claiming the same land, in the same manner to grow narrower rather than wider, for if a. man who owns a strip 200 yards that entries are now. But there would be but few contests. wide and one-q1ia.rter of a mile long dies leaving four children, then ea.ch of The ownership of lots in.this conn try is we 11 known and uni versa.Uy acquiesced them, without will or deed, but simply becam;e everyone so understands it, be in, with rare exceptions. Long-continued occupation, with tho consent of the comes the owner of one-fourth of it, that is, of a strip of the full length and fifty Government and all parties interested,'constitutes as just a claim as property is yards in width. held by anywhere. A settlement of these matters in accordance with justice Again, the owner of Lot III may on marriage acquire with his wife Lot· XIV. will be a permanent settlement, and will be the best for the Government and Then he goes on cultivating the two without seeming to try to get his holdings the best for all interested in New l\Iexico. consolidated. . Of course the owners can not make entries under the land laws for land in The following communication, in reference to private land claims such shapes. Their not living on the lands would also prevent entry. in New Mexico, was made by Hon. Frank Springer, of Las Vegas, N. The owners of all the farm lots up and down the river live together about the plaza (in which they can quickly rally in case of an Indian attack), the regula Mex.: tions requiring every man to be supplied with arms and horses for the common There are two things in the Senate bill as reported that are wrong on prin defense. Unitedly they dig the acequia and do other work for the common ciple and will lead to great and unnecessary confusion in practical results: good; unitedly they rear the village church and maintain its worship. Some times the settlement was established by a formal grant, which gave to it also I. . the land for ten or twenty miles on either side of it. · In such cases it is speci Section 6, line 13, the following clause: "And which have not become com fied that this is for the common benefit of the settlers, by furnishing them pas plete and perfect." ture land and wood land, and for those who should afterward join themselves In the first place, it ig not easy, asa matter of law, to tell what was a" perfect" to the new settlement. The Idea of the Mexican people always was that the grant under Spain or l\Iexico. The attempts made during the Senate debate to large tract gave the settlement room to grow, and that any newcomer, or boy state the distinction between" perfect" and" imperfect" grants were for tlle coming of age, who wanted a piece of land oui of the common stook to culti most part mere empty verbiage and would not be of the least service before vate, would have it, and could go on to improve it by ta.king out a new ditch the courts. It has been repeatedly decided by the Supreme Court of the .United or otherwise. States that grants within the territory acqaired from Mexico were of three kinds, In view of these facts, I think that everyone living in this community at the namely: time that it 'va.s transferred to the United States bad a certain interest in the First, grants by specific boundaries, where the donee was entitled to the en· outlying lands, and that they did not belong exclusively to the heirs or assigns tire tract described; second, grants by quantity, as of one or more leagues situa· of the one or more settlers mentioned in the original papers. I also think that ted at some designs.tea place, or within a larger tract described by outbound every member of such a community, no matter how poor he may be, was in aries, where the doneewa.sentitled, out of the general tract, only to the quantity cluded in the provision oftl\e treaty of Guad'l.lupe Hidalgo, that Mexicans elect· specified; and, third, grants of places by name, where the donce was entitled in~ to become citizens of the United States "shall be protected in the free to the tract named according to the limits, as shown by its settlement and pos· enjoyment of their liberty and property." In order to protect them in their session or other competent evidence. (Uaxwell land grant case, 121 U. S., property in land, and to avoid taking it away from them and throwing it into the 372, citing others.) mass of its own property, the public domain, it was necessary for the United The history of a grant under the l\Ie:xica.n colonization law, and to some ex States to determine what the property of each one was. That should have been tent under the practice of the Spanish authoritie's previous to 18Z.1, was briefly done at once. .As it was not done and matters were allowed to drift along in this: the old way, I consider that the Mexican custom as to the rights of newcomers The party desiring a grant presented his petition to the governor of tho de who joined themselves to a community continued to run, and that every person partment, province, or territory, describing the land and asking that it be now holdin~ land on a grant made under the colonization laws has an interest granted to him. . The governor, after satisfying b imself that it was proper, made in the outlyrng lands of the grant. the grant, often simply indorsing upon the, petition itself that the land was The question as to what each man owns should be settled at once. The whole granted as asked for. This was accompanied by a direction to the alcalde of prosperity of New Mexico depends upon it. The gravest evils have already re· the jurisdiction in which the land was situated to put the grantee in possession. salted. Supposed interests in community grants have been brought up, and This was known as the" act of juridical possession,'' in which the magistrate under them large tracts have been fenced,and poor i;nen have found themselves went upon the ground and, in the pres~nce of the attending witnesses and the substantially shut up on their farm lots and thereby reduced to the greatest grantee, pointed out the boundaries,. sometimes marking them by artificial distress. Where they could get a living from the farm lot combined with the · monuments, and went through certam ceremonies evidencing the delivery of herd of goats and sheep living on the common pastures and with the privile~e possession. At the conclusion he gave the grantee a certificate of his proceed orthe common timber lands, they can not get it from the farm lots alone. Tne ings, which was to serve him as evidence of his title. This pa.per was usually result is widespread suffering, restlessness, and trouble, which threaten the held substantially equivalent to a pateiat under our system. (See Van Reyne· peace of the community. gan vs. Bolton, 95 U.S., 33 and case.s cited.) I think that the remedy for this is surveys, combined with authority given Under the Mexican coionizatlon law the title did not become absolute until the land offices to issue pa.tents to ea.ch man for what belongs to him. the grant bad been approved by the departmental assembly or territorial depu• The deputy surveyor, going to such a community and telling the people that tation, if an ordinary grant, or by the supreme government if an empresario 1890. CONGRESSIONAL RECORD-HOUSE. 435 grant. Until such approval was had the grant was defeasible; that is to say, in evidence upon a trial, as of any force whatever by itself beyond that of a it was subject to be annulled by a. proceeding for forfeiture technically kn•>Wn mere memorandum, to be supported like any other by the testimony of wit as a "denouncement." This might be done on account of failure to perform nesses. He brings ejectment against a trespasser, and the State or Territorial conditions (if conditions were attached) or for any other reason that satisfied court; is of a difierent opinion and holds that his title is only inchoate, or equi· the authorities that the grant was invalid. Upon the approval above men• table; or in some other way "imperfect," and he is defeated. He is thus thrown _ tioned, however, the grant could no longer be forfeited upon a denouncement. out of one court becaqse his title is perfect and out of another because it - So long as no denouncen::ent was made'. and forfeitur(' declared thereunder, the is imperfect., and he is then at the end of his tether. · grant remained good without such approval, and the Supreme Court bas held The words above quoted, in line 13ofthe section, "and which have not been - in a number of cases that if the Mexican Government, previous to the cession complete and perfect,'' should be striken out, and the section wonld then be of the country, had not exercised the power of annulling the grant, it must be consistent with the fourth subdivision of section 13, which deals with the same treat;ed as valhl and as conferring such a right to the land embraced in it as the subjecL. UnltedStateswasbound bythetreatytorecognize. (Frcmontvs. United States, II. 17 Ilow., 560; United States vs. Reading, 18 How., L; Hornsby vs. United States. 10 Wall., 22.5.) Section 13, subdivision 7: "No confirmation shall in any case be made or pat- Th~e cases, particularly the first and la.st, are full of instruction on these Ient issued for a greater quantity than 11 square leagues of land to or in the questions. ri~ht of any one original grantee or claimant, cir in the right of any one origi· Theoretically, therefore, a :Mexican grant, at the date of the acquisition of the nal grant to two or more persons jointly nor for a greater quantity than was country, was" perfect" if, after being duly made, it had been approved us above authorized by the respective laws of Spam1 or Mexico applicable to the claim." stated, or, though not so approved, had remained without annulment by the This ought to be amended to read as follows: forme.r Govern';Dent; and for present purposes we may take the same to be the '•Seventh. No confirmation shall in any case be made or patent issued for a case w.ith Spamsh grants. ' greater quantity of land than was originally granted, nor than was authorized The question of continued possession had nothing to do with it_ The grantee by the respective laws of Spain or l\Iexico applicable to the claim." might never have occupied the land, or, having once done so, might have a.ban- Any attempt to impose an arbitrary limitation as to quantity is wrong on doned it on account of drought, Indians, or other causes. principle and in total dis1-egard of treaty stipulations. _ See the cases above cited, esp~cially the Hornsby case, on page 240 of the op in- Nobody will deny: ion. First. That the former Governments had the right and power to dispose of So far as any general rule can be deduced, it may be said that whenever the their own public lands as they chose, on whatever considerations and in what title of the former government passed to the individual beyond recall, in the ever quantities were agreeable to the policy adopted by those Governments; nor manner proyided by law, the grant might be said to be perfect-in theory. Second. That if, previous to the acquisition of the ceded territory by the United But practically these grants never became perfect in the sense requfred by States, those Governments did dispose of certain of their lands to individuals, the new conditions into which the country was brought by the change of sov- the lands thus disposed of became private property and were separated from ereignty. And this is the important consideration in connection with the pro- the puolic domain; nor posed legislation. Here is the reason: Third. That under the treaty of cession, as well as by the law of nations, the There was no system of public-land surveys in this country, either under title to such lands never passed to the United States, but the private ownersWp Spain or 1\Iexico. 'fhe boundaries of the grants were described by reference to thereof was guaranLied to be inviolate, b~ the quantity great or small; nor various objects, such as a stream, a mountain, a. mesa (table land), a spring, the Fourth. That if the United Stntes desired to impose an arbitrary limitation of land of an adjoining proprietor, the boundary of a previous grant, etc., all of quantity upon the landed property of the inhabitants of the ceded territory, ir· which, though not necessarily" so vague and uncertain that nobody can tell respective of the validity of such titles under the former Government, the only where they are," are yet incapable of the accurate definition which our land way to do it, if atall was by a proviso in the treaty. But afterhavin,g by treaty system requires. expressly obligated itself1 to recognize and protect these titles without any res· While sufficient for the people and country at the time, these descriptions ervation this Government can not now do so by law. give rise to endless disputes now, and will continue to do so until the bound- Therefore, the only question that can properly arise, in determining the pres aries are authoritatively established upon the earth's surface by reference to ent validity of these titles, is whether the grants made by the officers of the known and permanentstandardsoflocation. So that, however "complete and former Governments were in conformity with the laws of those Governments. perfect" a title may appear on paper, _there is no earthly way by which either And this is purely a judicial question, involving the application to each partic· the owner, or his neighbors, or intendm~settlers upon the public domain in the ular case of the laws of the Government under which it was ma.de. vicinity can tell just where his boundary is upon the ground. Na,mes of streams, It is manifestly impossible for Congress or any committee of Congress to de hillshor other local objects have often changed during the three hundred years termine what law or limitation is applicable without examination of the law, in w !ch the settlement of thls country has been going on. The beds of the facts, and history bearing upon each claim, which is the very thing the present streams changa from one side of the v'alley to the other, sometimes several miles legi.slation is designed to avoid, and the impracticability of making any such away. If a. mountain or a mesa be the boundary, is it the foot, or the edge, or examinatton is evidenced by the fact that in twenty years, with over sixty of the summit, and so on without end_ these claims pending before it, Congress has been only able to act upon one. The decision of the question for e11.ch particular case that arises will depend Nor is it possible for Congress, without Infringement of the highest public upon the testimony of witnesses, favorable to the one side or the other, accord- obligations, to establish any bard and fast rule by which the quantity of all ing as their recollection, or interest, or the inducements to testify may incline grants made by the former Governments shall be measured without regard to them; upon the prejudice of the jury or the skill of the counsel; and yet each the original validity of such grants. · case settles nothmg beyond that particular dispute. Ejectment suits may thus Let us look into this a little more closely: go on for twenty years over the boundaries of a sing lo grant, and leave it still The proposal to limit the confirmations by the land court to 11 lea.gues in any an open question for all the world except tho parties to those suits as to the one grant must proceed upon the assumption that all grants in excess of that particular points involved. quantity were invalid as to such excess, and would not have been sustained by The Supreme Court has substantially said that none of these titles are perfect the former Governments. until a United States patent issues for it, and that until the owner has been fur- The idea advanced by some Senators during the debate that even if there nished with such evidence of "perfected title," a State statute of limitations should prove to be valid grants for a larger area the court could confirm them can uot run against him. (Henshaw vs. Bissel!, 18 Wall., 255.) . to the prescribed limit, and leave the owner.i to seek recognition of their valid Now, I conceive that when the United Stutes stipulated by treaty to acknowl- titles to the excess in some other way, seems to me scarcely worthy of the dig· edge and respect all legitimate titles derived from the former governments Hs nity of the Government of the United States. Indeed I do not believe it could obligation was to do this in conformity with the new institutions and condi- have been seriously meant. The practical objections to it I will meution later tions under which the ceded Territory came, and that this obligation is not on. discharged until the holders of these titles are furnished \Vith tlw evidence of The inquiry at the outset ought to be whether there was any such limitation their titles to specific land, conformably with the laws, usages, and practice of of t.he area of all gran~s without exception as would render them invalid for our Government in suclt matters, with evidence of their "perfected titles," as the excess, under the laws of the Governments of Spain or Mexico. If there the Supreme Court says. So long a.s the land is not definitely located on the was, then the proposed limitation here is all right. If there was not, then it is earth's surface by some proceeding which shall be permanent in fact and con- in direct violation of the treaty of Guadalupe Hidalgo. elusive in law upon everybody, the duty of the Government in this respect re- There is no difficulty in ascertaining the fact about this from the highest au· mains unperformed. thority, for the Supreme Court has gone over the whole subject time and again This is emphasized by the fact that the supreme court of New l\Iexico, erro- in the cases from Florida, California , nnd Colorado. A reference to a few of neously, as I have no doubt, has.decided that an action of ejectment can not be these decisions will show that the assumption that there was any such universal sustained upon an unconfirmed Spanish or l\Iexican title, beyond the limits of restriction upon the size of grants, either by Spain or l\lexico, is absolutely un· the claimant's actual possession. (Chavez vs. 'Vhitney, 16 Pacific Ilcporter Ol6, founded. 617.) ' . The occupation of New l\Iexico,which is affected most of all by this bill, dates So that, according to its view, none of these titles are good enough to he rec- back ove~ three hundred years. Up to 1821 the country was under the domin ognized in law as such until action by the political department of the United ion of the King of Spain, wllose power to dispose of lands, either-directly or States Government validating them. through his constitnted authorities. is unquestioned. .United States i·s_ Olark, Thus far the argument has been from the sto.ndpoint of the grant-owner. But 8 Peters, 450 et seq.; sante case in 16 Peters, 232; United States vs. Hansom, 16 Peters, the question is a far broader one than that. It is even more important to the 198, l\J9; United States vs. Uoxnan, 15Peters,130. No one has ever disputed that public, as a matter of the highest public policy, that there be some means by the governors genernl, captains general, viceroys, or other representatives of which the boundaries of these "perfect" grants shall be speedily and perma- the Kipg of Spain in his 1\Iexican possessions, had authority to dispose of th'i' nently located. The public has a right to know of a certainty where the public lands as they deemed expedient in the administration of their governments. land ends and the private land begins. The settler desiring to acquire a home It is h. matter of public hi.'\tory that such grants were continually made by them , 1 under the homestead or pre-emption laws does not dare to go into the vicinity which were recognfaed and never annulled by the King, and which continued of some of these grauts and make any permanent improvements, because he can to be recognized by the Republic of 1\Iexico after her independence without re· not tell where its boundary will be decided to be and he has no means of find- g11rd to quantity. No one has ever contended and no court has ever decided ing out. Ifhe is a pugnacious fellow he may perhaps guess at it himself, lay that the grants made under the Spanish Government were subject to a limita· in a stock of ammunition, put up a claim shanty, and prepare for a lawsuit or a tion in area of 11 leagues or any other quantity (except at one time in Florida fi~ht; and perhaps he may get both. in relation to grants to foreigners). The c11.ses above cited a.re very interesting, There is no way by which a binding survey can be had of an unconfirmed especially the.one of United States vs. Clark, wherein Chief Justice 1\Iarshall, grant. The surveys by the land department are n<-t conclusive upon any one delivering the opinion of the court, said: until made final by patent. Everybody understands this, and the courts have "A grant made by a governor, if authorized to grant lands in his province, is repeatedly decided it. (See nenshaw i•s. Bissell, 18 Wall., on page 269.) And p1·ima facie evidence that his power is not exceeded. Such a grant under a there is no authority to issue a patent for any except confirmed claims. If issued general power would be considered as vali ; .· 436 CONGRESSIONAL RECORD-HOUSE. DEOEM:BER 13, Now, as t.o Mexican grants: The first time we hear of the so-called 11-league Second. A still greater objection, if possible, is that it will leave the uncon limit is in the twelfth article of the decree of the Mexican Congress of August firmed excess still a subject of contention. The grant claimant thinks he owns 16, 1824 (Rockwell's Spanish and Mexican Law, page 451). And that is the only it and will naturally insi. area he probably will not make any selection. On the other hand 1 if the frontier, where isolated md1v1dualscould not maintain themselves. They had court is to determine which particular portion ofa man's valid grant he isto be to be numerous enough for mutual protection, and the exp.ress consideration perm~tted to keep I do not see how it can be done, except by confiscation pure of their settHng in such exposed situations was the possession and ownership and simple. orthe lands granted them. ' 1890. CONGRESSIONAL RECORD-HOUSE. 437 In the cases above mentioned, there were variously7, 10, 36, 28, 67, 4, 2, 36, 49, 52, are asking to be exempted from the operations of this bill, that the ands colonists. Everyman or them could, even if under the law of 1824,have . obtained a separate grant of 11 leagues, but instead of doing so they banded to jurisdiction of this land court shall not be extended over them. --gether and received a much larger tract, divided up the cultivable lands among The Delegate from that Territory [Mr. SMITII] is opposed to having themselves(a.nd often with others who afterwards joined them) in severalty, the measure applied toArizona, a -fact which I presume is well known and kept the pasture land-which was the principal part of it-in common. About a dozen of this class of grants, containing more than 11 leagues, have been to the House, because that Territory was stricken out of the bill in heretofore confirmed by Congress. The original settlement of the town of Las the last Congress at his request. Ile is opposed to applying the bill V.ega.s, where I live, was under one of them in 1835, with 36 colonists, and the to Arizona, unless there be added certain amendments which I think gi-ant-wa.s confirmed June 21, 1860. Another just north of it, confirmed by the same a.ct, was settled a.bout the same time with 76 colonists. These were among the House would not approve. For this reason we have prepared the first permanent settlements in this re~ion east of the Rocky Mountains, and amendments omitting Arizona from the bill. they had to main ta.in a military organization, build a fort, ~nd fight off the plains There is but a small amount of land in Arizona really involved in Indians for twenty-five years. . It looks to me as though the claims of the grantees to their lands ought to be this measure. The large grnut, known as the Peralta grant, involv judged by the conditions that existed when they were given and not by those ing five or six million acres, the Land Department refused to recognize that people 'find now on coming here in a Pullman car. .as a claim. That leaves but a small amount of land which would be The limit or time for presenting claims as fixed by the bill, two years, is all right. It will be ample time to allow everybody to come in. Dut the limit on involved under the operations of this bill. the duration of the court is altogether too short. It is out of the question for But the -people ~fNew Mexico are differently situated. As bas been the court to finish up this business in such a time by any sort of diligence, and already explained by various gentlemen, the United States Govern the result of it would be poor work. The better way would .be to make the life of the court four years and to continue thereafter until abolished by Congress. ment, under the treaty of Guadalupe Hidalgo, actually pledged itself to recognize ·and preserve the rights of those holding lands under During the delivery of the foregoing remarks, the ten minutes hav- grants from the Mexican Government. We are bound hy this treaty ing expired, 1\fr. JOSEPH asked and obtained consent to extend bis re- stipulation. During several Administrations the Executive ha.s called marks in the RECORD and to include communications from the sm:- the attention of Congress to the fact of the omission to observe and pro veyor general of New Mexico and others. tect those rights. The people in every part of New Mexico are sending Mr. CASWELL. I now yield five minutes to the gentleman from telegrams here asking that this bill be passed, in order that these claims Mississippi [Mr. STOCKDALE]. . . r Imay be settled, as the settlers throughout that Territory are threatened The CHAIRMAN. The gentleman from Wiscons~ ha.s twenty-one by these land claimanU!. minutes remaining. , The local courts decline to take jurisdiction of the questions involved Mr. STOCKDALE. :Mr. Speaker, I want to submit a few sugges- in these land titles. In cases of ejectment they .go back only to pos tions with reference to this bill. It -provides for a court of spe~ial j uris- I session and hold uniformly that they can not take jurisdiction of these diction, to sit in special places, for particular purposes, to settle dis- questions arising under the Mexic~n grants. Consequently it is abso putes between citizens of the United States. It provides for a certain lutely necessary, in order that these questions may bo settled, that jurisdiction now and for such other jurisdiction as Congress may here- some judicial tribunal be established. after from time to time confer. . Now, we provide in the simplest way for a court of three members The tribunal iB made either a local or an itinerant court, as it may who shall hold their sessions at the capital of each of these Territories determine. It may sit in Washington. It is required to sit annually once a year at least and that they shall take jurisdiction of these ques at the ca.pitals of certain Territories. It may hold special terms when tions. And while they are holding these courts they may take tes and where it pleases, the time and place depending upon publication in timony, oral as well as written, giving investigation to the questions a newspaper. The bill provides what effect shall be given to certain presented, and rendering decisions that will be of great value because testimony now in existence in various places over which jurisdiction they will settle these controverted questions. is conferred upon ibis tribunal. It provides how suits shall be com- . Mr. Chairman, this land court, as we call it, ~s universally demanded menced and what sort of evidence shall be received. It also provides · by the people of New .Mexico. I think there is no opposition there .that the proceedings shall be as nearly as possible in the manner of the to the measure. The claimants as well as the settlers want these ques- chancery side of the United States courts. tions determined. It is an absolute fact that the title to the land in_ Now, sir, I undertake to say that this will produce an incongruity the city of Albuquerque and Las Vegas is entirely unsettled; for there which will make this court inefficient and leave it without any proper are claimants asking for the very lands on which these cities are degree of respect from the litigants whose causes it is to have authority built; and it is a matter of imperative necessity that some tribunal to determine. You provide a certain mode of procedure for a specific be established to settle these claims. purpose, and then you allow Congress to give the tribunal other juris- We have prepared several amendments to make the bill as simple diction o~er other matters, and still the same course of procedure will and effective as possible. We provide for three judges. The com· have to be followed in relation to matters which ought to be tried, not mitteeamendments will givethesejudgesasala.ry of$6,500each. We in a court of equity, but in a eourt oflaw. have fixed this amount because the judges will b~ subjected. to very This court can inquire into only such cases and decide upon such great expenses, and it is the intention to secure excellent ability, in rights as had accrued at the timE\ when these Territories were acquired order that there may be a wise and proper decision of these questions. by the United States. It can decide only upon titles that had accrued They are largely questions of fact, involving the genuineness of claims. under the government from which the Territories were acquired. It It was the custom of the Mexican Government many years ago, while can decide such claims as would have been valid under the government they owned. this Territory, to make grants to parties who wished to go from which we acquired the Territory, and a party can only succeed and settle unclaimed lands. Some of these grants were genuine and in.this court upon a title that he could have succeeded upon underthe should be respected; but there are large numbers no doubt that are Jaws of the government existing at the time the Territory was acquired regarded as forgeries and not valid at an. To determine the genuine- by the United States. ness of these grants would involve full investigation of matters of fuct. Now I say tba.t involv~ questions of the very highest legal order; There is no way· in which these titles can be settled exceI?t by some questions which have been the subject of discussion for probably fifty provision for organizing a court. Unfortunately by the act of 1854, as or seventy-five years; questions which in many instances have been has been explained by the gentleman from New Me:xico [M:r. JOSEPH], before the courts of the United States for many years. Such questions the mere :filing of a claim before the surveyor general took the lands require for their determination the very best and most learned judges, out of the market. There are some ten million of acres which have courts that will command the respect of the people of the United States been withdrawn from the market in this way. Although in some case.a as well as of the litigants. Hence this jurisdiction ought to be re- . the report of the surveyor general was against the claim, still unde~ tained in the courts of the United States. We should not comD}itthese 1 the language of the law these lands must be withdrawn from market. important questions to an itinerant court of special and limited juris- In that-way there are in these Territories ten or twelve ~illion acres diction, created for this special purpose and for which when it is organ- of land withdrawn from market, in consequence of the filing of claims ized the people will have no respect. Thejurisdiction of such ques- before the surveyor general; and although, as !have stated, thereport tions should be retained in the United States court. was in many cases against the claim, yet by force and operation of the Mr. CASWELL. Mr. Chairman, as the hour, I suppose, has been law the lands have been withdrawn. about exhausted-- - Now, it has been the custom when the party owning ln.ncls died, The CHAIRMAN. The gentleman ha.s three minutes remaining. leaving heirs, to divide the lands. Thus in a great many cases the lands .Mr. CASWELJ,, I ask unanimous consent that I may occupy ten have been cut up into narrow strip3. The settler who has purchased minutes additional, if necessary, in order to make.a statement in re- from the claimant and is upon the land knows not whether his title gard to this bill, as I have given time to other gentlemen. will be sustained or not. The CHAIRMAN. Is there objection j;o the request of the gentle- And for that reason the whole Territory is practically paralyzed. man from Wisconsin [Mr. CASWELL]?. The Chair hears none. That is one of the main reasons why the population of New Mexico Mr. CA.SWELL. Mr. Chairman, the committee proposes to strike does not increase, simply because the settleni have no warrant what "Arizona" out of the bill and not have its provisions apply to that ever that they will secure titles to the land they occupy. They do not Territory. know how soon a claimant under some old Spanish grant will.spring A MEMilER. Why? up for the land on which they have settled and which they have im- Mr. CASWELL. The reason is this: In Arizona the settlers as a proved. general rule have possession of the lands involved, while in New Mexico This bill provides a limitation of time ln which they must present the land claimants have poss~ion of the land~. In Arizona the people those claims or be forever barrad, and the statute of limitation will set / 438 CONGRESSIONAL RECORD-HOUSE. DECEMBER 13, at rest these disputed claims forever unless presented within the time construction of article 3 of the treaty of 1866, that article was made fixed by the Jaw. prominent in the report. The article was discussed quite freely by Now, Mr. Chairman, we limit the term of the court which is created different members of the House, until I thought it was thoroughly by the bill. We provide that it8 legal existence shall terminate on the understood nnd that every member present had heard the article 31st day of December, 1895. These litigations, then, must be settled read, when the distinguished gentleman from Missouri [l\1r. MANSUR] and closed up within that time or be forever barred, and this court will took the floor, repeated the third article of the treaty of 1866, and then go out of existence. We have guarded it in every possible way made some remarks upon it. It was found that we would not have in order that they may do the work and complete it and the court ex time to dispose of the bill on that day, the day being then pretty well pire by the limitation of the act within that time. exhausted, and the House by unanimous consent before adjournment The committee have several amendments that they propose to offer gave a second day to the committee, which was last Wednesday, for the to the bill, and I will not take up further time in discussing it, because purpose of resuming the consideration of the bill, that it might be more necessarily some discussion will arise on the amendments as we proceed. thoroughly discussed and understood. Mr. McCREARY. Does the gentleman propose to have the bill read I thought that my report accompanying the bill setting out the third by sections? · article of this treaty, and which, as I have said, was the turning point in Mr. CASWELL. I propose to have the bill read and examined in the construction upon the merlts of the case, was thoroughly understood detail. before the gentleman from Missouri took the floor and read from that arti The CHAIRMAN. By order of the House all general debate on the cle which had been repeated a half dozen times at least by members on bill is closed, and the Clerk will proceed to read the bill by paragraphs the floor, which was set out in full in the report and read by the for amendment and debate. Clerk before the gentleman from Missouri mentioned it. But since that The Clerk read the first section of the bill, as follows: time I have been somewhat surprised to find an article in the S~. Be it enacted, etc., That there be established a court, to be called the United Louis (Mo.) Republic, a popular journal with quite a wide circulation States land court, to consist of a chief justice and two associate justices to be ap .in my district, emanating from the gentleman from Missouri, setting pointed by the President, by and with the advice and consent of the Senate, forth ·his wonderful discovery and his masterly effort in behalf of the anU to hold their offices during good behavior. Such court shall exercise juris diction in the settlement of ~rivate land claims according to the provisions of people, by which he had saved to the country $6,()00,000 that the Com this act, and such other jurisdiction as Con~ress may from time to time p1·e mittee on Indian Affairs was trying to steal from the Treasury. I ask scribe. The chief justice and the associate Justices shall each receive a com the Clerk to read the article to which I have referred, marked in pensation of$7,500 per year, payable monthly from the Treasury of the United 8tates; and they shall, before entering upon the discharge of their duties, take brackets. and subscribe an oath to support the Constitution of t.he United States and to The Clerk read as follows: discharge faithfully the duties of their oflice. The said court shall appoint a. SA>ED SIX MILLION DOLLARS-CONGRESSMAN MANSUR'S WATCIIFULNESS TUIHfED chief clerk at a salary of $2,000 a year, who shall attend all the sessions of the court, and a deputy clerk, where regular terms of the court are held, at a sal TO GOOD ACCOUNT. aryof$l,200 a year. But when the court is held in the city of Washington the Sec '.rIIE REPUDLIO BUREAU, retary of the Interior shall, upon the request of the court, detail from time to CORNER FOURTEEYTII STREET AND PENNSYLVANIA. AVENUE, time from his office such force as may be necessary to assist the chief clerk in the Washington, December 7, 1890. discharge of his' duties under this act. The court shall also appoint a stenog Representative l\IANsun, of l\Iissouri, did a good day's work in the House yes rapher at a. salary of $1,500 a year who shall attend all sessions of the court. terday. '.rhe Committee on Indian Affairs had the day in the House{ and a bill The said court shall have power to adopt all necessary rules and regulations for making o.n appropriation of something more than $6,000,000 to buy he equity the transaction of its business and to carry out the purposes ofthisact; to adopt title of the Choctaw and Chickasaw Indians in 7 ,C',00,000 acres of land was called a seal and to alter same at pleasure ; to issue auy process provided for bylaw and up. l\Ir. MANSUR, who is a very laborious searcher after facts and correct in necessary to tile transaction of the business of said court, and to issue commis formation, discovered that in 1866 the Indians ceded this lllnd absolutely to the sions to take depositions as provided in chapter 17 of the Uevised Statutes of the United States, and consequently that they had no title, equitable or otherwise, United States. Each of said justices shall have power to administer oaths and to it now; on the contrary the United States had a. clear title to it. .l.\lr. l\IANSUR affirmations. It shall be the duty of the United States marshal for the district in made such a fierce onslaught against the bill and was so well fortified with facts which the court is held to serve any processofthesaidcourtplacedinhishands and figures and law to su!ltain him that the committee was forced to withdraw for that purpose, and to attend the court in person or by deputy when so directed the bill and confess defeat and the justice of the position taken by Mr. MANSUR. by the court. The court shall hold a term annually at the capita.ls of the State In the present condition of the Treasury, $6,000,000 would be badly missed. of Colorado and of the 'l'erritories of Arizona. and New l\Iexico, at such times as shall be fixed by the rules of the court, and such extra and special terms at Mr. PEEL. Now, in order that the Rouse may see and the coun such times and places as may from time to time be ordered. Terms may also be held at any time in the city of Washington whenever in the opinion of the try understand that the report which had been read before the gentle court the convenience of business shall rectuire. The court shall, within sixty man from Missouri took the floor contained every word contained in days after the appointment of its members, meet in the city of Washington for the third article of the treaty of 1866, which he seems to have so won the purpose of organization. Immediately upon the organization of the court notice shall be given thirty days in advance of the first term of the court to be derfully discovered, I ask the Clerk to read from the report what I ha>e held thereafter of the order of the court fixing the time of holding the same, by marked. • publication in one newspaper at each place where such court is to be held, and The Clerk read as follows: thereafter a notice of thirty days shall be given of any special or extra. term by publication in a. newspaper published where such term is to be held. The Sec At the close of the war the Government adopted the policy to colonize all the retary of the Interior shall furnish suitable rooms for the use of said court in the Indians of Kansas and many others in the Indian Territory, the country of Interior Department while sitting in Washington. The terms shall be soar the five civilized tribes. In view of this policy the President appointed a com ranged as to secure continuous sittings, with vacations not to exceed sixty days mission to treat with these people, and they met with the delegates of the va rious tribes at Fort Smith, Ark., in September, 1865, and after some friendly in any one year. Said justices, chief clerk, stenographer, interpreter, and the preliminaries the commission for the United States informed the Indian dele attorney hereinafter provided for shall also, in addition to their respective sal gates that they were authorized to treat with them upon the basis of seven dif aries, receive their actual and necessary traveling expenses while engaged in ferent rules or propositions, all of which were submittedl in writing. The fifth, traveling by the usual route to and from the sessions of said court1 the same to be paid monthly out· of the Treasury of the United States, upon itemized ac- sixth, and seventh only being material to the issue involved, a.re here given as , coon.ts of the same approved by ihe order of said court. follows: "Fifth. A part of the Indlnn country to be set apart to be purchased for the use of such Indians from Kansas or elsewhere as the Government may desire Mr. McCREA.RY. Let me ask what bill is the Clerk reading from? to colonize thereon. I do not find what he is reading in the text of the bill before me. "Sixth. That the policy of the Government to unite all the Indian tribes of Mr. CASWELL. Let me explain how that may be. The original this region into one consolidated government should be accepted. "Seventh. That no white person, except Government employes or officers, or bill is No. 9798 as reported by the committee. The print, however, employes of internal-improvement companies authorized by Government, will was exhausted and I had a new print ordered, covering such amend be permitted to reside in the country unless incorporated with the several na ments as the committee had ngreed upon up to that time; so there tions." Upon this basis the different treaties of 1866 were made with the Cherokees, may be a slight difference in the bills. Creeks, Seminoles, Choctaws, and Chickasaws, in which treaties each and all Mr. :McCREARY. Then I suppose I pave your bill. Is -that the of the five tribes or nations ceded to the Government a large portion of their bill the Clerk is reading or is he reading the old bill? I supposed the common country. The language used on the point of cession was difi'erent in Clerk was reading the bHl i;eported by the gentleman from Ohio [Ur. eacll c2.se, which in brief was as follows: Wrc::KJLUI] ; whereas I have the bill apparently reported by the gentle "SEMINOLES. "ARTICLE 3. In compliance with the desire of the United States to locate man from Wisconsin [Mr. CASWELL]. other Indians and freemen thereon, the Seminoles cede and convey to the Mr. CA.SWELL. I havejustexplained thatitwas notreported, but United States, etc. simply introduced to be reprinted with the amendments incorporated "CIIOCTAWS AND CIIICKASAWS. that had been agreed upon by the committee up to that time. It is "ARTICLE 3. The Choctaws and Chickasaws, in consideration of$'300,000, hereby however substantially the same bill, as the gentleman will see by com cede to the United States the territory west of98° west longitude, known as the parison. Leased District: Provided, etc. - ! "CREEKS. ~Ir. PEEL. Mr. Chairman, I move to strike out the last word. I •'ARTICLE 3. In compliance with the desire of the United States to locate other beg pardon of the committee for leaving the bill under consideration Indians and freemen thereon, the Creeks hereby cede and convey to the United for the present, but I wish briefly to refer to another matter. States, to be sold to nnd used as homes for such other civilized Indians as the One week ago to-day, the day being set apart for the consideration of United States may choose to settle thereon, etc." such measures as the Committee on Indian .A.ffairsmightpresent, I had l\fr. KERR, of Iowa. Le~ nie ask who made that report. the honor to call up for consideration the bill H. R.12106, being a The CHAIRMAN. The time of the gentleman from Arkansas ha.a bill making appropriations to pay the Choctaw and Chickasaw Nations expired. of Indians for their equities in lands lying west of the ninety-eighth Mr. BL.A.NCH.A.RD. If I may be recognized, I will yield to the and one hundredth meridians, west longitude. The report of the com gentleman, or I nsk unanimous consent that the gentleman be per mittee, prepared by myself, was read at length, as will be remembered. mitted to proceed for five minutes longer. .Ai3 the equities of the Indians in the whole subject turned upon the Mr. PEEL. That will be sufficient. ,• 1890. CONGRESSIONAL RECORD-HOUSE. 439 The CHAIRMAN. there objection? ninety-eighth and one hundreth meridians, west longitude, for a compem,ation Is equal in amount to 10 per cent. on the amount recovered by the Chickasaw Mr. MANSUR. I shall not object; but I ask when the gentleman Nation, and also $200 payable at date of tha contract.. gets through that the same courtesy be extended to me. . Approved February 14., 1890. - The CHAIRMAN. The Chair does not understand the gentleman WILLIAP.I L. BYRD, Governor. to object. · On applying to Mr. Secretary Noble a couple of days ago heinformed Mr. MANSUR. No, sir, with that understanding. me that this contract has not been ratified by the Government, for it _ Mr. PEEL. It will be seen that the article which was ''discovered'' would give to Mr. Paine and those engaged presumably in getting this by the gentleman from Missouri so wonderfully wa.s rejl.d in the hearing bill through Congress over $620, 000. I call the attention of the House -of the House long before he took the floor. Thia report was made in to this remarkable report on which they rely, in which they state I have September last and has been a matter of public record in the country discovered for the first time that the word "cede '' was used. This ever since. , 1 report fs signed R. B. Belt, Acting Commissioner. It ia beaded: Now, I know that the gentleman from Missouri is possessed of n. DEPARTllIBNT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, wonderful research and has made, no doubt, many discoveries, and I · Washington, September 13, 1800. certainly am willing that he shall reap all the benefits following from It is therefore very modern. his arduous labors. And I must say that the kind-hearted reporter of I will take the liberty now, which I did not intend doing and should the St. Louis Republic ought not to have waited, when he saw that the not have done without at least seeing the honor~ble Secretary again, of distinguished gentleman from Miss~uri had made such a wonderful stating that be told me three days ago that, if there was anything in discovery and saved to the people of this country such a' large amount this report that indicated that ~he Indians had a title to this land, it of money. He ought to have willingly given it to the Republic with bad not met his approval I now desire to call the attention of the out waiting to be hunted up by the gentleman himself and pressed to Honse to this language and again I read from the treaty. By article insert this remarkable discovery of his, that his many admiring con 3 of the Choctaw and Chickasaw treaty of April 28, 1866, 14 Statutes, stituents and friends might read it to their entire satisfaction. 769, it is provided- But I imagine that there is some little envy growing up in the State That the Choctaws and Chfokasnws, in consideration of the sum of$300,000, hereby cede to the United States the territory west of the ninety-eighth degree of Missouri against the gentleman's rapidly increasing popularity and of west longitude known as t.he Leased District. · strength, because I find in a paper published in his own State the fol I have taken the ground that that meant an absolute cession to the lowing, which I will ask the Clerk to read; and I want to say in jus United States. l\Ir. Belt, in this report, page 8, uses this language: tice to the gentleman that I think that editor is jealous and is doing It will be seen that in the treaties with the Cherokee~. Creeks, and Semi· the gentleman a very great injustice. · • noles- · The Clerk read as follows: ' Please keep these three in mind- Colossal egotism is again illustrated by Hon. CHARLES l\IANSUR. Ile now the purposes for which the ceded lands were to be used are specificiµIy set claims to have inspired President Cleveland's historic tariff message. The out, while the cession made by the Choctaws and Chickasaws was without res· truth is l\Ir. l\IANsun. was sworn in as a member of Congress just one day before ervation or condition expressed, so far as the words of the treaty are concerned, l\Ir. Cleveland sent this message to that body. He had been President then fol' as to the purposes to whiph the United States intended to devote the country nearly three years, and did not make up his mind in a few days. He was not so ceded. a man who did things spasmodically, by fits and starts. l\Ir. MANSUR had no more to do with that message tlian the dog star had to do with the last eclipse Then he uses this language on page 10: of the moon. It is a pity that a man of Mr. l\lANSUR'sability will allow his ego The provisions of article 3 of the Choctaw and Chickasa.w treaty of 1866, if taken tism to break out occasionally in such a way as to Qisgust well-bred .rentlemen. alone and according to their legal meaning and effect, can only be considered, But. the country will be disposed to forgive him for this little slip if he will push as conveying to the United States all the right, title, and interest owned or pos through Congress a law providing for a just and .wise income tax. -Bruns sessed by the Choctaw and Chickasaw Indians to the lands ceded thereby, with- wicke1·. out condition or reservation. 1 Mr. PEEL. Mr. Chair~an, the editor of that paper must remember Then on page 12 he says: • that the distinguished gentleman from l\Iissouri was a member-elect In view of these facts it would seem that the basis of claim of the Choctaws "long before he took his seat in this body, and he had ample time to and Chickasaws for further compensation for the lands, if valid, the claim itsel! confer with the Executive of the country and give him the information is prematurely presented. from which that hiatoric message originated which has carried this Then at the boitom of the same page Mr. Belt-uses this very remark- __ country by storm, swept our Republican friends from the face of the able language: , While there are clearly no words of limitation in the treaty of 18G6 a.S to the earth, and given the Democratic party universal victory. He eught to use- , have the credit for it, and I think it is jealousy upon the part of the editor and his colleagues that calla forth that criticism. Remember ''no words of limitation''- as to the use tO which the ceded lands should be put by the United States, the Now, Mr. Chairman: I want to say I am informed that the proprie history of the negotiation preceding and resultin~ in that treaty and the sub tor of the Astor House in New York knows how to appreciate a great sequent treatment of the subject quite clearly indicate that the Choctaws and man when he comes to see him, as he assigned the room that had once Chickasaws have good ground for claiming that they understood that the lands were to be used for the location of other Indians and freedmen thereon. If they been occupied and made historic by :i;>aniel Webster to the distinguished have, as seems to be the case.I an equitable claim, it is for Congress to determine gentleman from Missouri when he arrived, that the country might know what shall be the measure ot allowance to be made for its adjustment in order we had another Daniel Webster in this country and were safe. Now, to clear the lands of the incumbrance. Mr. Chairman, Ionlywantto say in conclusion that I do not desire to Now, l\Ir. Belt goes on two theories. Th~ argument is so long that pluck any laurels from the gentleman's brow. I know he is a. .very I trust I '\'f'ill not do him any injustice by trying to dig~t the two great man; but I am opposed to his reaping such remarkable rewards points. After the war, nearly all of these tribes having been more or at my expense. [Laughter.] less rebellious, the Government made a change as to its treatment of It is a very well-known fuct that the committee did not abandon them, and,- for the purpose of bringing them all into new relations with the bill. It is on the Calendar, and will some day be discussed here it and settling all matters of dispute, a commission was appointed - and passed, and million of acres of land will thereby be opened to the with authority to treat with all of the five so-called civilized tribes. people, to make homes.for the gentleman's constituents and mine who It seems their instructions were general and were intended to apply are homeless now. So I hope the gentleman, the next time he makes to negotiations with all of the five tribes, but, each being an inde- a wonderful discovery, can get it in the public prints without hunting pendent tribe, a treaty had to he made with each tribe. . up the reporter himself and asking him to put it in his paper as a per- . The CHA.IRl\L\.N. The time of the gentleman has expired. sonal favor. [Laughter.] Mr. FLOWER. Mr. Phairman, I ask that the gentleman from Mis- Mr. MANSUR. Mr. Chairman-- souri be al-lowed five minutes more. The CHAIRMAN. The gentleman from Missouri is recognized for Mr. MANSUR. I will have to have a little more time. five minutes. Mr. FLOWER. Then make it ten minutes. Mr. MANSUR. Five minutes, ~ir, will not do me. I can not do Mr. CASWELL. I hope that we shall have a reaso:qable limit to the justice to this subject in that time. [Laughter.] .I ask that I be heard. time to be taken. How much time does the gentleman from Missouri Mr. McKINLEY. Go on. They will extend your time. desire? The CHAIRMAN. The gentleman from Missouri is recognized. Mr. MANSUR. Ten minutes. Mr. 1\1.ANSUR. I have this to say, Mr. Chairman and gentlemen The CHAIRMAN. Is there objection to the request of the gentle oft-he House, thatwhateverfeeling is injected intothiscasemust come man from New York for unanimous conseut that the time of the gen from the other side, I mean from the gentleman from Arkansas [Mr. tleman from Missouribeextendedfiveminutes? [After a pause]. The PEEL] who has just spoken. I call the attention of the House to an Chair hears none. act which I find in the Constitution, Treaties, and Laws of the Chicka Mr. MANSUR. For how long? saw Nation, just published: . The CHAIRMAN. For five minutes. SECTION l. 11eit enacted by the Legislature of the Chickasaw Nation, That the Mr. FLOWER. I asked for ten minutes. governor be, and he is herebyt authorized and directed to enter into a contract Mr. ~IANSUR. I hope that I will not take up unnecessary time. with Halbert E.· Paine, extenaing to l\Iarch 3, 1893, for the prosecution before l\.,:r. STONE, of Kentucky. It is a very important matter that is be- the Fairfield commission in Kansas Oity- ing discussed now. [Laughter.] Before that commission or elsewhere- Mr. MANSUR. These instructions given to the commissioners to or before other tribunals, and also before Congressiof the claims of lihe Chick treat with the five tribes were general, and when they came to make asaws and Choctaws for compensation for. the eased district between the the treaties each tribe was separate and stood on its own basis. The 440 CONGRESSIONAL REOORD-HOUSE. DECEMBER 13, treaties had to be referr~d to the Senate of the United States for approval Louis Republic, but my words with him were very few. I handed under the treaty-making power for each and every one of the said tribes. him the RECORD and let him read it, and I knew no more what kind Then we have this question here. We have a treaty that by virtue of of language he was going to put it. in.than did the gentleman from the Constitution overrides instructions of the Indian Office; yet Mr. Arkansas LMr. PEELJ. Belt argues this ns being one of the two equities upon which he relies, Mr. PEEL. How often did you ca~l on him? the other equity being, inasmuch nsthe Government has recently bought Mr. MANSUR. Generallywhenoccasionrequired, as you have been the surplus lands of the Creeks and Seminoles and paid them anew in the habit of doing. · - and is now negotiating with the Cherokees, through a commission, l'!Ir. PEEL. Never in my life. Ilow many times did you call on for the Cherokee Outlet, therefore we ought to ignore the treaty of him about this? 1866 with the Chocta W5 and Chickasaws and give these Indians .similar 1\Ir. MANSUR. I am not under cross-examination, sir. [Laughter.] prices for their lands to those paid the Creek~ and Seminoles. Now, Mr. Chairman, I regret very much that a gentleman with whom This, then, is the condition of affairs. Now, Mr. Chairman, it is I have had such pleasant relations during. all the time we have been not true that I first discovered this meaning of the word "cede" the together here should have thrust so much personality in¥> this matter. other day. I will state that the gentleman is mistaken in this, and I am against this bill because I believe it is wrong. I have not im that, in fact, I did not discover this language and meaning for the first puted anything wrong to him, but! believe that he has mixed so much time on the afternoon of last Saturday, because in a speech delivered and so long with the gentlemen who represent the Indians and their in this House on this subject in part-that is to say, to give a Terri claims that he has almost forgotten, in his love for the Indian, how to torial government to Oklahoma-where I made n lengthy investigation do justice by the American Gove~ment and the poor white men of the of all treaties with the five civilized tribes, I used this language: · nation. · Now, these fivecivili.Zed tribes, so called, ·originally occupied all this Indian I have at no time made any reflections upon him, nor have I used Territory. We have since, beyond all shadow of a doubt-mark that lan any language of that kind. I shall not attempt to say anything fur guage-beyond n.11 shadow of doubt, we have purchased and pa.id for and by treaty rights and stipulations have secured the 10terest and title of four of these ther about the telegram that was sent to the Republic except this: civilized tribes to all lands west of their home reservations. The Seminoles When I had the little chat with Mr. Moore, of the Repul>lic, I handed and the Creeks have released all but their home reservations. him the CONGRESSIONAL RECORD and told him to look it over, and Remember also that two of these others, the Choctaw and Chickasaw Na. lions, own the whole of their lands together. For purposes of their own, they that it would give him the points I made; heaskedmeabouttbe amount have agreed that the Chocta.w-s should live on the ea.st part and the Chickasaws of money involved and what had become of the bill, and I told him it on the west, and they have a.greed on a. dividing line; but the title to their had l\een withdrawn. I believe that that is nearly all that took place land is in common. Remember also that the Choctaws and Chieko.saws have sold to the Federal Government all their lands west of this line for the location between him and me. It was a very short conversation for an inter of friendly Indians and freedmen. So that, so far os they are concerned, they view of that kind. have parted, for value, with everything except their home reserTations. Mr. PEEL. Which one of the conversations was that? And then further down on the same pa~e I said: Mr. MANSUR. I had but one with·him about this. That is all. I repeat, the ma.in contention left in the Territory is over the Cherokee Out . Now, Mr. Chairman, this is my fourth winter in this House, and, to let; because the Choctaws and Chickasaws admit they have parted with all the best of my recollection, I have never had a cross word with any their western lands for certain purposes, and therefore their rights under their man in the city, either a member of the House or an employc. If I treaty ha.>e vanished. have been guilty of egotism my colleagues know it. LLaughter.] Now, sir, I made that declaration in the House on February 18, Whenever I have had. anything to s:ty I have trie~ to say it as best I 1890, so that this doctrine of mine is not a new one with me or just could. I have not wearied the House often, except a few times on the discovered by me the other afternoon. tariff [laughter], and we all know how essential it was that any one I s'haU not pursue the title question further, except to say to the who had anything to say upon that matter should say it. [Laughter.] House t~t I am convinced that neither the gentleman from Arkansas I now say that in due time when the bill' comes up again I shall be [Mr. PEEL] nor the Acting Commissioner of Indian Affairs, Ur. Belt, heard further in relation to it, and in the mean time I will make it my . is correct in their law and logic where they argue in their report that, business to apply to Mr. Secretary Noble to get from him a statement as for reason or any supposed equity, afler the Executive De{>artment to his opinion on the subject. I will not detain the committee longer. hns proposed a treaty and it has been approved by the Senate of the The pro forrna nmendment was withdrawn. United Sta.tes, the Commissioner c.:'\n go back behind it to find equities. l\ir. McCREARY. Mr. Chairman, I desire to offer an amendment In my opinion in this case, it would be practically giving to these In to the first section of the bill, but before sending it to the desk I wish dians $6, 000, 000 f9r something to which they are not entitled, either in to make a single statement. My friend from Missouri (Mr. MANSUR] law or in equity. in his remarks just now referred to me as having imparted to him Having said this much as to the title, the treaty, and my position information with regard to the story as to the room in which he bad about it, and which opinion was concurred in last winter by Mr. PER slept in New York. (Laughter.] I had heard that statement floating KL~s, of Kansas, the dist.inguished chairman of the committee of which around as a rumor, and I was gratified that my friend from Missouri, the gentleman from Arkansas is a member, at the time when this bill for whom I entertain a very great respect, had been honored by being was up, when he took the same ground that I do now as to these lands, placed in: that room, and I went to him to congratulate him, and took now, as to the other matter. It is true that I slept at the Astor occasion to say that I hoped that sleeping in that room was prophetic House a few nights ago. I neither saw the rooms that 1.-fr. Webster of the grand future that was before him. (Laughter.] That is all I occupied in his day, nor was I in them; and that.story is the creature have to say about it. I do not know whether the story is true and I of somebody's fairy imagination and unknown to myself until I was do not care. told of it to-day by the gentleman who sits behind me here, the gentle Mr. MANSUR. Mr. Chairman, let me say that I certainly bad no man from Kentucky [Mr. McCREARY], as a joke. [Laughter. J intention to reflect in any way on the gentleman from Kentucky. If it has done the gentleman any good to tell it, I suppose that he l\Ir. McCREARY. I desire to offer an amendment to the first sec- is entitled to that good until my time comes. As to what ~y have tion of the bill. · taken place in the past about President Cleveland's tariff message, I The amendment was read, as follows: have, on this occasion, nothing to say. If in anywise I had aught to 11 do with suggesting such action I can only say that I am very proud of Strike out $7,500" in lines 11 and 12 and insert 11 $5,000." that fact, and I believe the country is of the opinion that all those who M.r. CASWELL. l'!Iay I be heard a moment, l\Ir. Chairman? had anything to do with it will be remembered when a matter of this The CHAIRMAN. The gentleman from Kentucky [Mr. McCREARY] kind will be forgotten. has the floor. The CHAIRMAN. The time of the '1:entleman has expired. Mr. McCREARY. Mr. Chairman, the bill as read by the Clerk con Mr. MANSUR. I must ask a little more time. tains a provision allowing to the chief justice and each of the associate Mr. FRANK. I ask unanimous consent that my colleague may have justices of this proposed court a compensation of $7,500 per annum. I five minutes more. have sent to the desk an amendment reducing the salary of these three Mr. PEEL. I think the gentleman ought to have additional time judges to $5,000 each. I think this amount is sufficient. to explain the telegram reflecting on the committee. Mr. HOLMAN. Ample. Mr. CA.SWELL. The extension of the time simply means that we Mr. McCREARY. It is the amount which was adopted by the Honse shall have to lose the bill. two years ago when a bill similar to this was passed; and I think it The CHAIRMAN. Is there objection to the request of the gentle will be sufficient to compensate those judges for their services, espe man from Missouri [Mr. FRANK] that his colleague [Mr. MANSUR] be ci:xlly as the bill contnina a provision that whenever any one of them allowed five minutes more? leaves the city of Was\lington to go to any State or Territory to dis Mr. CASWELL. How much time docs he ask? charge his duties he shall receive reimbursement for his entire travel Mr. FRANK. Five minutes additional. ing expenses and his expenses while holding court. The CHAIRMAN. Is there objection? I am in favor of giving liberal salaries; but I see no necessity in this · Mr. CASWELL. Is there other time asked? case for making sach a discrimination among our judicial officers. It Several MEl\IDERS. No. - is a fact that a United States district judge as a rule receives now in l\Ir. CASWELL. All right. the various States of the Union only $3,500; that a United States cir Mr. MANSUR. Now, Mr. Chairman, as to the telegram, of course cuit judge receives as a rule only $6,000; yet here is a provision to l had an interview with tho distinguished correspondent of the St. give this chief justice and tlrese two associate judges the high salary of .. 1890. CONGRESSIONAL RECORD-HOUSE. 441 $7, 500, together with an allowance of all traYeling expenses and ::ill ex were making places for people by creating courts for specific localities, . penses w bile holding court. I hope that the amendment will be adopted. which ought not to be done, but let the courts of the United States · - The CHAIRMAN. Thechairmanofthecommittee [Mr. CASWELL] have jurisdiction of all such questions. advises the Chair that the committee desires to submit several amend Mr. CASWELL. Mr. Chairman, it has been insisted by the people ments to this first section; and the Chair requests the gentleman from 'of that Territory that they will be virtually deniedjustice if we should Kentucky to allow his amendment to remain in abeyance until the attempt to confer jurisdiction on the local courts. They say the United amendments of the committee are acted upon. States courts and all of the courts of the Territory are so overworked Mr. McCREARY. But I think t lle proper course is to dispose of the that it is utterly impossible for parties to obtain hearings; and if I a!ll amendments to each of the sections as they come up. not correct in this statement I will ask the gentleman from New Mexico The CHAIRMAN. It is u.•mal to recognize the chairman of the com to correct me. - mittee as having priority in regard to the offering of amendments.. Mr. JOSEPH. That is correct. I can vouch for the truth of the Mr. CASWELL. I made a strong effort to get the floor to propose statement. the amendments of the committee. If ~entlemen will indulge me I Mr. CASWELL. So I have been informed, and that it is virtually will present those amendments. There are several of them, and I a denial of justice to the litigants of these claims. think they will obviate largely the objections which gentlemen are in-· Mr. OATES. I would like to ask the gentleman from Wisconsin -clined to make to the bill. why this court is not given jurisdiction of this class of claims in every Mr. McCREARY. Do any of those amendments apply to this sec Territory, everywhere throughout the United States. • tion? Mr. CASWELL. Because there are no Spanish grants elsewhere. Mr. CASWELL. Most certaillly. I send to the desk the first of Mr. OATES. Then it is applicable wherever they are found? the amendments I will offer to this section. I take them in regular !.:Ir. CASW~LL. Yes, in the Territories and States where Spanish order. grants exist. The Clerk read as follows: Mr. STOCKDALE. A single word in reply to the gentleman .f.rom Art.er the word "justices," in line 5, page 1, insert" any two of whom shall Wisconsin. To create a court for the reason that the United States constitute a. quorum. ' courts are overworked, and unless created it works a denial of justice Mr. McCREARY. I move to amend that amendment so as to to the people iJ:l the locality, is simply to acknowledge that the system add- of the courts of the United States is inefficient to discharge the duties An d not more than two of whom shall belong to one political party. incum bent upon them by the Constitution of the United States. Hence This section provides for the appointment by the President of a chief we c~eate a brood of inferior and special court.a to assume the juris justice and two associate justices of this land court. I think it but diction which is acknowledged to belong to the United States court. fair and just that while two of the three gentlemen who are to compose That, I think, is wrong. The remedy is plain and easily reached, namely, this court may belong to the Republican party, one of them should be- to increase the United StatQS courts and to extend their jurisdiction as · long to the Democratic party. We propose to send out three men for the demands of the people require. · the purpose-- · Mr. CA.SWELL. I simply wish to say, in addition to what I have Mr. CASWELL. I have no objection to the amendment. said, that there is a limitation placed on the duration of this court.. Mr. McCREARY. The gentleman says he has no objection and the They have only four years, probably, in which to discqarge their duties, proposition seems to me so fair that I will not continue my remarks. and the great fear will be that the time will no~ be long enough for the The question being taken on agreeing to the amendment proposed examination of all the cases and to do justice to the parties interested. by Mr. McCREARY to the amendment of Mr. CASWELL, it was agreed They will be completely overworked, and that is one reason why, in to. the opinion of the committee, it was thought pr_oper that they should The amendment as amended was adopted. have a salary of $6,500 instead of $5,000. The CHAIRMAN. The Clerk will read the next amendment sent I ask a vote on the amendment. to the desk by the gentleman from Wisconsin [Mr. CASWELL]. The question being taken on the amendment of Mr. STOCKDALE, it was The Clerk read as follows: · rejected. _ In line 7, page 1, strike out the words "during good behavior" and insert The second section of the bill was read, as follows: "for the term expiring on the 31st day of December, A. D.1895." SEC. 2. That there shall also be appointed by the President, by and with the advice a.nd consent of the Senate, a. competent attorney to represent the United The amendment was adopted. Sta.tes in said court. SuW:i attorney shall receive a compensation of S5,000 per The CHAIRMAN. The Clerk will read the next amendment sub- year, pa.ya.hie monthly out of the Treasury of the United States, and shall, before entering upon his duties, take a.nd subscribe an oath to support the Constitution ot mitted by the gentleman from Wisconsin on behalf of the committee. the United States a.nd faithfully perform the duties of his o:fl:lce. And there The Clerk read as follows: shall be appointed by the said court a. person skilled In the Spo.nish a.nd English In line 11, page 1, strike out "se~en" and insert "six." languages, to a.ct as interpreter and translator in said court, to o.ttend all the sessions thereof, and to perform such other service as may be required of him Mr. McCREARY. Now, Mr. Chairman, I move to amend the by the court. · Such person shall be entitled to a. compensation of $1,500 per year, amendment by striking out ''six" and inserting "five.'' payable monthly from the Treasury of the United States, and shall, before en tering upon the discharge of his duties, take a.nd subscribe an oath to support Mr McCREARY's amendment to the amendment was agreed to. the Constitution of the United States and to fnithfully perform the duties of his The amendment of Mr. CASWELL as amended was adopted. office. · The CHAIRMAN. The Clerk will report the next amendment Mr. W ASIIINGTON. I have an amendment which I wish to offer offered by the gentleman from Wisconsin on behalf of the committee. to this section. · The Clerk read as follows: The Clerk read as follows: In line 41, page 3, strike out "Territories of Arizona. a.nd " and insert "Terri Amend se~tion 2, line 5, by striking out the words "five thousand" a.nd in tory of;" sons to read" Territory of New l\lexico." serting the words "three thousand dve hundred." The amendment was agreed to. Mr. WASHINGTON. This amendment, Ur. Chairman, is in har The next amendment submitted by Mr. CASWELL was read, as fol mony with the amendment adopted to the first section of the bill. It lows: is the amount reported by the Committee on Private Land Claims in a After the word "stenographer," in line 61, page 3, insert "and the." In line former Congress and was believed then, as I believe it now, t-0 be am 62, page 4, strike out "the." ple. It was deemed by the House, after a full and thorough consider The amendment was agreed to. ation, to be sufficient, and I think it is in the line of the general econ The CIIAIRMAN. llas ~he gentleman from Wisconsinany further omy which ought to be practiced in dealing with such matters. amendments? · The amendment waa adopted. l\1r. CASWELL. Not to this section. Mr. STOCKDALE. I offer a further amendment to strike out sec Mr. STOCKDALE. I offer the amendment which I send to the desk. tion 2. The Clerk read as follows: Let me ask what is the occasion for a United States' officer being ap 1. Amend section l Rs follows: Strike out all to a.nd i ncludlng the words "such pointed to attend litigations between private parties? There is no court," in line 7, a.nd insert" the United 8tates district court." criminal jurisdiction given to this court. 2. Strike out nil from and including the word "the," in line 10, to and incl ud- ing the word'' affirmation," in line 35. · Mr. CASWELL. 'fhe United States Government is largely inter 3. From and including the word ''the," in line47, strike out the ba.lanceofthe ested in these lands, and the settlers that have taken possession of great section. portions of them, of course, ought to be defended. If the Government Mr. STOCKDALE. l\fr. Chairman, this amendment is intended to of the United States is ever to give them title the Government should ¢ve jurisdiction to the United States courts upon all these questions: step in and protect the right which it proposes to transmit. It will be instead of creating a new tribunal for the purpose, to take partial juris utterly impossible for the smaller claimants in many cases to employ diction of questions which naturally belong to the United States courts. attorneys to defend their rights, and they would simply be turned oft' Under this bill some of the hi~hest national questions will be decided, of the land without a hearing. even questions of international law and comity. Mr. STOCKDALE. This bill provides expressly that no question I am opposed to this system of creating a court for every locality shall he litigated except as bearing upon the titleofthepartyclaiming that may have a special question to be decided, courts that are not by the laws of the government from which theterritorywasacquired. national, but Territorial and specific or local in their character. It does Now, there is the whole question, namely, that the claimant shall not seem to me-I do not make the charge, but it looks that way-as if it recover unless he shows a clean title;nota paramounttitle, but a clean 442 CONGRESSIONAL RECORD-HOUSE. DECEMBER 13, title from the government from which the territory was derived. There The Clerk read as follows: is no criminal jurisdiction; there is no possible interest that the Gov SEC. 8. That the party against whom the court sha.11 in any such case decide, ernment can have as between two litigant.sabout the title growing out the United States, in case of the confirmation of a claim, and the claimant, in case of the rejection of a claimhin whole or in part, shall have the right of ap· oflands derived from Mexico or anyothergovernment from which the peal to the Supreme Court oft e United States, such-uppeal to be.taken within lands may have been acquired. This seems simply to be the creation one year from date of such decision, and in all respects to be to.ken in the sam& of a place for some one to fill who shall have no duties to discharge. manner and upon the same conditions as is provided by law for the taking of appeals from decisions of the circuit courts of the United States. Should no ap Mr. CASWELL. The ~entle.m.an is mistaken. Thero are duties. peal be taken as aforesaid the decree of the said court shall be final and con l\Ir. STOCKDALE. The bill does not prescribe any. clusive. Upon the rendition of any judgment of the court confirming any claim, Mr. CASWELL. Oh, yes; and his duties will be burdensome. It it shall be the duty of the attorney of the United States to notify the Attorney General in writing of such judgment, giving him a concise statement of the is a triangular interest: the Government of the United States offered case and the points decided by the court. And if the Attorney-General shall so the lands for settlement, squatters have gone upon them in a large direct, it shall be the duty of the clerk of the court to tmnsmitthe record of any number of cases, and the claimants come now claiming the lands which cause in which final judgment has been rendered to the Attorney-General for bis examination. In all cases it shall be the duty of the Attorney·General to the Government assumes to own; and of course it is a contest between instruct the attorney for the United States what further course to pursue and the Government of the United States and the claimants to the la.rge whether or not an appeal shall be taken. interest, while the poor settler must await the action of the court. • 1\Ir. CASWELL. I offer the following committee amendment to While they may be interested, they have not yet obtained patents, and section 8. the real contest is between the Government of the United States and The Clerk read ns follows: the grand claimants, the large claimants under the original grants. Amend section 8 by inserling after the word" cases," in line 20, the words I ask a vote. "ofcon.fi.rma.tion by said court." The question being taken on the amendment of .Mr. STOCKDALE, it The amendment was ag~eed to. was rejected. The Clerk read ns follows: The Clerk read section 3, as follows: Axe. 9. That whenever any decision of confirmation rendered by said court SEC. 3. That immediately upon the organization of said court the clerk shall shall become final, either by the failure of the United States to appeal there cause notices to be published for a period of ninety days in one newspaper at from or by its affirmance by the Supreme Court, the clerk of the court shall the city of Washington and in one published at the capitals of the State of certify that fact to the Commissioner of the General Land Office, with a copy Colorado and of the Territories of Arizona.and New Mexico. Such notices shall of the decree of confirmation, which shall plainly state the location, boundaries, be published in both t.he Spanish :i.nd English languages and shall contain the and area of the tract confirmed; the said Commissioner shall thereupon with· substance of this act. out delay cause the tract so confirmed to be surveyed at the cost of the United States. "\Vhen any such survey shall have been made and returned to the sur· Mr. CASWELL. I offer the following amendment by instruction >eyor genera.I of the respecti>eTerritory or State, and the plat thereof com of the committee. pleted, the surveyor general shall give notice that the same bas been done by publication once a week for four consecutive weeks in two newspapers, one The Clerk read as follows: published at the capital of the Territory or State and the other published near tho Strike out the words ''Territories of Arizona and," in the fifth line, and insert land so surveyed, such notices to be published in both the Spanish and English the words " Territory of." languages; and the surveyor general shall retain such survey o.nd plat in his of fice for public inspection for the full period of ninety days from the date of the first The amendment was adopted. publication of notice in thenewspaperpublished atthe capital of the Territory Sections 4 and 5 were read. or State. If, at the expiration of such period, no objection to such survey has been filed with him, he shall approve the same and forward it to the Commis Section 6 was read, as follows: sioner of the General Land Oftice. If, within the said period of ninety days, ob SEc. 6. That it shall and may be lawful for any person or persons or corpora jections a.re made to such survey, either by any party claiming an interest in tions, or their legal representative.i, claiming lands within the limits of the the confirmation or by any party claiming an interest in the tract embraced in territory derived by the United States from the Republic of Mexico, and now the survey or any part thereof, such objection shall be reduced to writing, embraced within the Territories of New Mexico, ·wyoming, Arizona., or Utah, stating distinctly the interests of the objector and the grounds of the Objec or within the States of Nevada. or of Colorado, by virtue of any such Spanish or tion, and signed by him or his attorney, and filed with the surveyor gen· l\Iexican grant, concession, warrant, or survey as th& United States are bound era.I, with such affidavits or other proofs as he may produce in support to recognize and confirm by virtue of the treaties of cession of said country by of his ob,jection. At the expiration of the so.id ninety days the surveyor gen l\Iexico to the United States which at the date of the passage of this act have not eral shall forward •uch survey, with the objections and proofs filed in been confirmed by act of Congress, or otherwi1;1e finally decided upon by lawful support of or in opposition to such objections± and his report thereon1 to authority, in every such case to present 'l petition in writing to the said court in the Commissioner of the General Land Office. mmediately upon receipli of the St:i.te or Territory where said land is situated and where the said courtholus any such survey, with or without objections thereto, the said Commissioner its sessions; but cases arising in the State and Territories in which the court shall transmit the same, with all accompanying papers, to the ·court for its does not hold regular sessions may be instituted at such place a.s may be desig examination of the survey and of any objectfons and proofs that may have nated by the rules of the court. The petition shall set forth fully the nature of been filed or shall be furnished; and the said court shall thereupon determine their claims to the lands, including their chain of title, and particularly state if the said survey is in substantial accordance with the decree of confirmation. the date and form of the grant, concession, warrant, or order of survey under If found to be correct the court shall direct its clerk to indorse upon the face which they claim, by whom made, the name or names of any person or persons of the plat its approval. If found to be incorrect the court shall return samo in possession of or claiming the same, or any part thereof, otherwise than by the for correction in such particulars as it shall direct. When any survey is finally lease or permission of the petitioner; and also the quantity of land claimed aud approved by the court it shall be returned to the Com.missioner Of the General the boundaries thereof, where situate, with a. map showing the same, as near Land Office, who shall forthwith cause a patent to be issued thereon to the con as may be, and whether the said claim has heretofore been confirmed, con firmee. The Commissioner of the General Land Office shall also tmnsmiL to sidered, or acted upon by Congress or the authorities of the Uniteu States, or said court for its examination all surveys of private land claims, with the ac been heretofore submitted to any authorities constituted by law for the adjust companying papers, in the States and Territories to which this act ls applicable ment of land titles within the limits of the said territory so acquired, and by them reported on unfavorably or recommended for confirmation, or authorized ~~d §~~n:rfd ~:rrl~~~stoif:rt:i~~;!t~:~~~r:d;:hl~C~:e.!~alih~r~!:ri:S :~. to be surveyed or not: and pray in such petition that the validity of such title cei ve, and the court shall have the same jurisdiction of such surveys as it has of or claim may be inquired into and decided. And the said court is hereby au surveys confirmed under the provisions of this act. thorized and required to take and exercise jurisdiction of all cases or claims presented by petition in conformity with the provisions of this act, and to bear Mr. CASWELL. I offer tho following amendment on behalf of the and determine the same, as hereinafter provided, on the petition and proofs in committee. case no answer or answers be filed after due notice, or on the petition and answer or answers of any person or persons interested in preventing any claim The Clerk read as follows: frombelngestablished,andtheansweroftheattorneyoftheUnitedStates,where Amend section 9, pa17e 13, by striking out the wo1·d "same." in line 46, and be may ha.ve filed an answer, and such testimony and proofs as may betaken; inserting the words ' the same to tlie Com.missioner of the General Land and a copy of such petition, with a citation to any adverse possessor, claimant, Office." or pnrty, shall, immediately after the filing of the same, be served on such pos sessor, claimant, or party in the ordinary legal manner of serving such process The amendment was agreed to. in the proper State or Territory, and in like manner on the attorney for the The Clerk read as follows: United States; and it shall be the duty of the attorney fortbe United States, as also any adverse possessor, claimant, or party, after servico of petition and cita SEO. 12. That all the foregoing proceedings and rights shall be conducted and tion as herein before provided, within thirty days, unless further time shall, for decided subject to the following provisions, as well as to the other provisions good cause shown, be granted by the court to whom said petition is presented, of this act, namely: or a. judge thereof, to enter an appearance, and plead, answer, or demur, to said First. No claim shall be allowed that shall not appear to be upon a title law petition; and in default of such plea, answer, or demurrer being ma.de within fully and regularly derived from the Government of Spain or Mexico or one said thirty days, or within the further time which may have been granted as that at the date of the acquisition Sixth. No confirmation of or decree concerning any cla.im under this actsha.11 on the Treasury of the United States. Either party deeming himself aggrieved in any manner operate or have effect against the United States otherwise than by such judgment may appeal in the same manner as provided herein in cases as a release by the United States of its right and title to the land confirmed, nor of confirmation of a Spanish or l\Iexican grant. For the purpose of ascertain shall H operate to make the United Stat.es in any manner liable in respect of ing the value and amount of said lands, surveys may be ordered by the court, any such grants, claims, or lands, or their disposition, otherwise than is herein and proof taken before the court or by a commissioner appointed for that pur provided. · pose by the court." Seventh. No confirmation shall in any case be made or patent issued for a gre&ter quantity than was authorized by the respccti ve laws of Spa.in or J.\1exico Mr. KERR, of Iowa. Mr. Chairmab., I think that section ought to applicable to the claim. be amended so as to provide that they should be paid the value of the Eighth. That said court shall not have jurisdiction to bear or determine any land at the time when appropriated by the Go>ernment, and not the title to any J.\Iexican or Spanish land-grant claim over 160 acres in extent in the Territory of Arizona, unless the claimant or claimants of such grant shall first present value. . execute and cause to be recorded in the county recorder's office of tl:~e county Mr. CA.SWEI.iL. There is a limitation that it shall not exceed $1. 25 or counties in which said land is situated a quit·cla.im deed relinquishing to the an acre, which protects the rights of the Government. United States all claim to said land and all interest therein. When such deeds are so recorded the land embraced or described therein shall become a part of The amendment was agreed to. the public domain snbject to entry and sale as other like public lands. On re The Clerk read as follows: cording s.uch deed or deeds as aforesaid, tho claimant of any such grant or SEc.14.. That soction.8 of bhe act of Congress approved July 22, 1854, entitled grants may bring an action in said court at any timewitbin two years after and "An net to establish the offices of surveyor genera} of New Mexico, Kansas, from the approval of.this act for the value of said lauds; and upon proof being and Nebraska., to grant donations to actual settlers therein, and for other pur· made to the satisfaction of said court of the validity of said gra.ntand plaintiff's poses," and all acts amendatory or in extension thereof or supplementary right and title to the same, in the mode and under the rules hereinbefore pro tliereto, and all acts or parts of acts inconsistent with the provisions of this vided, in cases where judgment of confirmation may be rendered, said court act are hereby repealed.. · shall render a. judgment in favor of such plaintiff against the United States for the reasona,ble value of said land, exclusive of betterments, not exceeding $1.2.5 Mr. CA.SWELL. I offer the fol~owing amendment to section 14. per acre for the tract, and such judgment, when final, shall be a charge on the The Clerk read Ill:! follows: Treasury of the United States. Either party deemin~ himself aggrieved by such judgment may appeal in the same manner as provided herein iu cases of con Amend by adding to section 14, on page rn, the following words: "Except as firmation or rejection of a. Spanish or l\Iexican grant. For the purpose of as to the Territory of Arizona." certaining the Yn.lue and amount of said lands, surveys may be ordered by the The amendment was agreed to. court and proof taken before the court or by a commissioner appointed for that purpose by the court. The Clerk read as follows: Sxc. 15. That in township surveys hereafter to be made in the Territories of l\fr. CASWELL. I offer the following amendments. New l\Iexico, Arizona, \Vyoming, and Utah and in the States of Colorado and The Clerk read as follows: Nevada, if it shall be ma.de to appear to the satisfaction of the deputy surveyor making such survey that any person has, through himself, his ancestors, or In line 19, page 15, strike out the words" affected the" and insert in lieu grantors, been in the actual bona fide possession, residing thereon as his home, thereof the words "purported to operate as a." of any tract of land not exceeding 160 acres in such township, for twenty years The amendment was agreed to. next preceding the time of ma.king such survey, the deputy surveyor shall rec ognize and establish the lines of such possession and make the subdivision of Also the following: . the adjoining lands in accordance therewith. Such possession will be accu Line 2.5, page 15, strike out the word "authorize" and insert in lieu thereof rately defined in the field notos of the survey and delineated on the township the word'' atrect." plat, with the boundaries and area of the tract as a separate legal subdivision. Tho deputy surveyor shall return with his suryey the name or names of all per The amendment was agreed to. sons so found to be in possession, with a proper description of tbe tract in the Also the following~ possession of each as shown by the survey, and the proofs furnished to him ofsuch Amend by striking out Hr.es 26 and 27, on page 15. possession. Upon receipt of such survey and proofs the Commissioner of the General Land Ofilce shall cause patents to be issued to the parties so found to be :M:r. McCREARY. I would like to have the lines read. in possession for the tracts respectively claimed by them, unless it shall clearly The CH.A.IRMA.N. The Clerk will read the amendment. appear in a.nycase that fraud or mistake has occurred. Itbeingthepurposeand intention to hereby confirm the titles of all persons who, through themselvesr, The Clerk read as follows: their ancestors, or gra.ntors. have been in actual possession of tracts of not ex Strike out lines 26 and 27, "except the confirmce or his assigns until Congress ceeding 160 acres each, in said Territories and State, for twenty years next pre shall provide by law therefor;" ceding the survey of the township in which such tract is situated: Provided, however, That no person shall be entitled to confirmation of, or to patent for, So that it will read: more than 160acresin hjsown right by virtue of this section: .And provided fur But nothing in this act shall authorize the working of any mines therein by ther, That this section shall not apply to any city lot, towu lot, village lot, farm any pers9n. lot, or pasture lot held under a grant from any corporation or town, the claim The amendment WW? agreed to. to which may fall within the provisions of section 10 of this act. Also the following: . Mr. CA.SWELL. I offer the following committee amendment to On page lG, amend by striking out the eighth paragraph, which begins at section 15: line 49 and extends to line 78, both inclusive. . Amend section 15, page 19, by striking out of line 2 the words "Arizona., Wyominir, and Utah and in the States of Colorado and Nevada" and inserting Mr. McCREARY. Does that relate alone to Arizona? 'in lieu thereof the words "Utah and the States of Colorado, Nevada, and Wyo l\Ir. CASWELL. Yes, only to Arizona. ming." The amendment was agreed to. The amendment was agreed to. The Clerk read as follows: Also the following: Sxc. 13. That if in any ca5e it shall so happen that the landadecreed to any claim Amend section 15, page l!l, by inserting in line 5, after the word" survey," ant under the provisions of this act shall have been sold or granted by the United the following: "After such noLice to adverse claimants as may be prescribed States it shall be lawful for such claimants or their legal representatives, at any by the Commissioner of the General Land Ofilce." time within one year after the rendition of the final decree in their favor, to ex ecute and file in the office of the Commissioner of the General Land Ofilce a re The amendment was agreed to. lease t.o the United States of all right, title, or claim to the land sold or granted The Clerk read as follows: by the United States; and thereupon there shall be issued by the said Commis SEC. 16. That, in the case of townships heretofore surveyed in the Territories sioner (under such regulations as may be prescribed by the Secretary of the of New l\Iexico, Arizona., Wyoming, and Utah and the States of Colorado and Interior) to such claimant, or his legal representative, scrip in legal subdivisions Nevada, all persons who or whose ancestors or grantors became cilizens of the for an equal amount of acres so released, which scrip shall be assignable in such United States by reason of the treaty of Guadalupe Hidalgo, and who are now form as may be prescribed by said Secretary, and shall be receivable, acre for and ha.'\"e been in the actual possession of tracts of not to exceed 160 acres each acre, in payment for any public lands, not mineral, in the State or Territory in for twenty yea.rs next preceding such survey, shall be entitled, upon making which the land grant or claim for which scrip is issued shall be located in the proof of such facts to the satisfaction of the register and receiver of the proper manner herein provided. 'Vhenever the Commissioner of the Generai Land land district, to enter, without payment of purchase-money, fees, or commis Ofilce shall haye issued land scrip as herein provided, he shall cause to be of· sions, such tracts, not exceeding 160 acres, as shall be so in their said possession: fered for sale at auction to the highest bidder, after ninety days' notice by pub Pr01}-ided, howeve1·, That no person shall be entitled to enter more than 160 acres lication, a quantity of surveyed public lands, according to legal subdivisions, in his own right under the provision of this section. situated in the State or Territory where the grant is located, to make up a defi ciency in which the scrip was issued, and as· near to such grant as practicable, M~. CASWELL. I offer the following committee amendment: not less in quantity than 50 per cent. in excess of the number of acres called for Amend sectionl6~page 21, by striking out of line 2 the words "Arizona, Wyo by such scrip. And the Commissioner of the General Land Office shall have ming, and Utah a.na the States of Colorado and Nevada" and inserting in lieu power to make rules and regulations as to the publication of notlce of sale, the thereof the words "and U tab and the States of Colorado, N ev-ada, and Wyoming. manner of bidding, and so.le of said land; but no bid shall be received for less than SL25 per acre. A ft er such sale any lands so offered remaining unsold shall The amendment was agreed to. be subject to entry with the scrip issued under the provisions of this act. And The Clerk read as follows: the Commissioner of the General Land Office shall have power to order from time to time, and as often as necessary, in the manner above provided for, sales Also the following amendment: at public auction of surveyed public lands in said States and Territories to fur "After the word 'facts,• in line 9 of section 16, on page 21, insert the following nish land subject to entry ns herein provided, in satisfaction of the scrip issued words: •In accordance wilh regulations furnished by l.he Commissioner of the under the provisions of this act. General Land Office.'" :Mr. CASWELL. I offer the following committee amendment. The CHA!f.,M:AN. If there be no objection, this amendment will be The Clerk read as follows: considered as agreed to. l\fr. HOLMAN. It seems to me, Mr. Chairman, that the time re Amend by striking out all of section 13, beginning on page 17, nnd inserting in lieu thereof the following: quired by the provision in this section is longer than it ought. to be; "SEC. 13. That if in any case it shall appear that the lands or any pa.rt thereof that is, the limitation as to twenty years. I will ask the gentleman decreed to any claimant under the provisions of this act shall havo been Rold or in charge of the bill whether he does not think it is proper to make it granted by the United States to any other person, such title from tho United St.ates to such other person shall remain valid, nothwithstanding such decree, some shorter period than twenty years, sa.y ten years. and upon proof being made to tho satisfaction of said court of such salo or Mr. JOSEPH. The law of limitations in New Mexico is ten years. ~ant. and the value of the lands so sold or granted such court shall render Mr. HOLMAN. As to real estate? Judgment in favor of such claimant against the United States for the reasonable value of said lands so sold or granted, exclusive of betterments, not exceeding Mr . .MONTGOl\IERY. This is perfectly satfsfactory to the claim $1.25 per acre for suoh lands; and such judgment, when found, shall be a.charge ants and is all they ask. 444 CONGRESSIONAL REOORD-HOUSE. DEOEl\IBER 13, Mr. McCREARY. JI.fr. Chairman, I would say to my friend from JI.Ir. CASWELL. I ask that the reading ofthe amendments be omitted, Indiana that those who represented the claimants from New Mexico as they are all well known to the House. and the other Territories seem to be entirely satisfied with twenty The SPEAKER. If there be no objection, the amendments will be years. In New Mexico many of them have been in possession for forty agreed to in gross. years. . There was no objection; so the amendments were agreed to in gross. Mr. JOSEPH. 1\fany of them have been in possession for fifty years. The bill as amended was ordered to be engrossed for a third reading; JI.fr. McCREARY. My friend from New Mexico was satisfied with and being engrosse~, it was accordingly read the third time, and passed. that period. M:r. CASWELL moved to reconsider the vote by which the bill was Mr. HOLMAN. It seems to me this bill ought to conform to the passed; and also moved that the motion to reconsider be laid on the laws of the Territory. table. Mr. BLANCHARD. If the parties are satis.fied, why object to it? The latter motion was agreed to. . lli. HOLMAN. Is the gentleman from New Mexico satisfied? l\ir. CASWELL. I move to amend the title of the bill by striking Mr. JOSEPH. We are satisfied with it as it is. out the words "Arizona, Utah, Wyoming, and New Mexico, and in The amendment was agreed to. • the States of Colorado, and Nevada '' and inserting in lieu thereof the The CHAIRMAN. The Clerk will read the next section. words" Utah, and New Mexico, and the States of Colorado, Nevada, The Clerk read as follows: and Wyoming." SEc.17. That all the inci A party may have gone on in October and.havejust as good a ;right as ship canal between Port Townsend. Bay, Paget Sound, and Oak Bay though he went on la.st December. to the Committee on Rivers and Harbors. Mr. BLANCHARD. I have no objection to that cllange. My ob ject is thiR: There may be settlers upon the la.nd who have ma.de their WILLIAM B. WIIEELER, EXECUTOR OF IlENRY WEAST, DECEASED, VS. homes there and attempted to file entries in the Land Office, but could TIIE UNITED STATES. not because of the withdrawal of the land included in the grant from Letter from the assistant clerk of the Court of Claims, transmitting sale or entry. Nevertheless they are there upon the land, and my ob a copy of the findings filed by" the court fa the case of William 13. ject is to let them take their lands from the grantee at $1.25 per acre, Wheeler,executorofHenryWeast,deceased,againstThe UnitedStates and I have fixed the date at January 1, 1890, as a proper date under to the Committee on War Claims. the circumstances. I do not care, however, if that be changed to De JEFF. III. STON·E VS. THE UNITED ST.ATES. cember 1. If the gentleman from Minnesota desires I will move to Letter from the assistant ~!erk of the Court of Claims, transmitting make the date December 1, .18!JO, and I now make that motion. a copy of the findings filed by the court in the case of Jeff. M. Stone q'here was no objection, and it was so ordered. against The United 8tates-to the Committee on War Claims. The amendment n.s modified was agreed to. The bill as amended was ordered to be engrossed anu read a third time; WILLTAllI A. ELKINS VS. TIIE UNITED STATES. and being engrossed, it was accordingly read the third time, and passed. Letter from the assistant clerk of the Court of Claims, transmitting Mr. BROSIUS moved to reconsider the vote by which the bill was a copy of the findings filed by the court in the case of William A. El passed; and also moved that the motion to reconsider be laid on the kins against The United States-to the Committee on War Claims. table. The latter motion was agreed to. DIS)IISSED CASE, SARAH E. NORTON VS. TIIE UNITED STATES. CORRECTION IN TIIE TARIFF BILL. Letter from the assistant clerk of the Court of Claims, transmitting Mr. McKINLEY. Mr. Speaker, I am instructed by the Committee a copy of the order dismissing the case for want of jurisdiction in the on Ways and Means to report the joint resolution which I send to the case of Sarah E. Norton against The United States-to the Committee desk and ask for its immediate consideration. on War Claims. The joint resolution (H. R. 251) to correct an error of punctuation in EZRA BEACHLY AND JON.AS BEACHLY, EXECUTORS OF DANIBL the tariff act of 1890 was read, as follows: BEACHLY, DECEASED, VS. THE UNITED STATES. Resolved by the Senate and IIouseof Represenlat·ives, etc., That the punctuation Letter from t.he assistant clerk of the Court of Claims, transmitting in paragraph 362 of•• An act to reduce the revenue and equalize duties on im a copy of the findings filed by the court in the case of Ezra Beachly ports, and for other purposes," approved October I, 1890, be corrected, so as to include in the parenthesis in said paragraph only the words "except binding and Jonas Beachly, execu tora of Daniel Beachly, deceased, against The twine," a.nd thereby carry out the intent of said act. United States-to the Committee on War Claims. The Committee on Ways and Afeans recommended an amendment, GRAYTON F. Sl\IITII, AD::\IINISTRATOR OF THE ESTATE OF DAVID S!\IITII, striking out the words "and thereby carry out the intent of said act" DECEASED, VS. THE UNITED STATES. and inserting in lieu thereof the following; so that the said para- Letter from the assistant clerk of the Court of Claims, transmitting graph will read as follows: · a copy of the :findings filed by the court in the case of Grayton F. Smith, 36~. Cables, cordage, and twine (except uinding-twine) composed in whole administrator ofthe estate of David Smith, deceased, against The United or in part of istle or Tampico fiber, manilla, sisal-grass, or snnn, 1l cents per pound·; on binding-twine manufactured in whole or in part from istle or States-to the Committee on War Claims. Ta.mpico fiber, manilla, sisal-grass, or sunn, seven-tenths of l cent per pound; UNITED ST.ATES BUILDING, .AUGUSTA, GA. cables and cord.age made of hemp, 2~ cents per pound; tarred cables and cord age, 3 cents per pound. X. communication from the Acting Secretaq of the Treasury, re l\fr. MILLS. The only change proposed is in the parenthesis. It questing an appropriation of $2,000 for the United States courthouse, was put at the wrong place in the bill by the enrolling clerk, and this post office, etc., building at Augusta, Ga'.-to the Committee on Ap joint resolution corrects the mistake. propriations. The amendment was agreed to. The joint resolution as amended was ordered to be engrossed and read RESOLUTIONS. a third time; and being engrossed, it was accordingly read the third time, and passed. Under clause 3 of Rule XX.II, the following resolutions were intro APPORTIONl\IENT BILL. duced and referred as follows: By Mr. DORSEY: Mr. DUNNELL. Mr. Speaker, I desire to give notice that on Tues Resolved, That on Tuesday, December 16, 1890, immediately after the expira day morning next, after the reading of tbe Journal, I shall call up as a tion of the morning hour, the House will proceed to the consideration of bills privileged question the bill making an apportionment of members of the reported by the Committee on Banking o.nd Currency; House of Hepresentatives. to the Committee on Rules. OP.DER OF BUSINESS. By Mr. RUSSELL: l\Ir. McKINLEY. I move that the House do now adjourn. Resolve BILLS AND JOINT RESOLUTIONS. 11280, for relief of John W. Long, of Loudon County, Tennessee--to the Committee on War Claims. Under clause 3 of Rule XXII, bills and a joint resolution of the fol Also, petition of the Grand Army of the Republic of Rutledge, Tenn., lowing titles were introdu,ced, severally read twice, and referred as in support of H~:mse bill 6312, for relief of W.W. Kidwell-to the follows: , Committee on Invalid Pensions. By 1\fr. CARTER: A bill (H. R. 12631) granting to the Missoula By Mr. KETCHAM: Petition of Millard F. Agor and 18 others, post and Northern Railroad Company the right of way through the Flathead masters of Putnam County, New York, asking for passage of House Indian reservation in the State of Montana-to the Committee on bill 10757-to the Committee on the Post Office and Post Roads. Indian A.ffuirs. B.v Mr. PUGSLEY: Petition of citizens of Pike County, Ohio, for By l\.Ir. CUTCHEON: A bill (H. R.12632) to establish the record pasSage of a bill removing charge of desertion against William Davis, pension office of the War Department, and for other purposes-to the late private Company A_, Fifty-sixth Ohio Volunteer Infantry-to the Committee on Military Affairs. Committee on Military Affairs. By l\Ir. WALLACE, of New York (by request): A bill (H. R.12633) By Mr. RUSSELL: Petition of Ledyanl Council No. 31,0rdcrUnit_ed to amend an act entitled "An act to incorporate the Georgetown Barge, American 1\Iechanics, of New London, Conn., for legislation to prevent Dock, Elevator, and Railway Company "-to the Committee on the pauper and criminal immigration-to the Select Committee on Immi District of Columbia. gration and Naturalization. By Mr. BUCHANAN, of New Jersey: A bill (H. R. 12634)appoint By Mr. STIVERS: Petition ofl\Irs. M. E. Deyo, president, and Miss ing commissioners to revise the statutes relating to patents, trades, and C. A. Goodale, secretary, of the Orange County (New York) Woman's other marks-to the Committee on Patents. Christian Temperance Union, representing 504 members assembled at B_v Mr. FLOWER: A joint resolution (H. Re.3. 254) providing for Pine Bush, in said county, praying for the passage of an act submitting · the correction of a clerical error in the act entitled "An act to reduce to the States for ratification an amendment of the Constitution provid the revenues and equalize the duties on imports, ·and for other pur~ ing that the manufacture, importation, exportation, transportation, and poses,'' approved October 1, 1890-to the Committee on Ways and sale of all alcoholic liquors as a beverage be prohibited in the United Means. States-to the Select Committee on the Alcoholic Liquor Traffic. By l\Ir. TARSNEY: Memorial of citizens of Kansas City, Mo., pray / ~ PRIVATE BILLS, ETC. ing the passage of the bill now pending making provision to levee t,he Mississippi River from Cairo to the Gulf, to give easier and cheaper Under clause 1 of Rule XXII, private bills of... the following titles navigation and prevent ruinous floods-to the Committee on Levees were presented and referred as indicated below: and Improvement of the Mississippi River. By Mr• . ALLEN , of !ilichigan: (by request)A bill (H. R. 12635) granting a pension to Patrick Mahoney-to the Committee on Invalid l>ensions. . ' · By Mr~ BURROWS: A bill (H. R. 12636) for the relief of:Mary l\f, SENATE. Ward-to the Committee on Invalid Pensions. MONDAY, December J.5, 1890. By Mr. CLUNIE: A bill (H. R. 12637) for the relief of the legal rep resentative of Ewing M. Skaggs, deceased, late of Sacramento, Cal. The Senate met at 10 o'clock a. m. to the Committee on War Claims. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. .Bv Mr. COOPER, of Indiana: A bill (H. R.12638) to correct the The Journal of the proceedings of Saturday last,was read and ap military record of Francis M. Leach-to the Committee on Military Af- proved. fairs. ,. EXECUTIVE COlIMUNICATIONS. By Mr. GEISSENHAINER: A bill (H. R.12639)grantinga pension The VICE PRESIDENT laid before the Senate a communication to Mary A. McKee-to the Committee on Invalid Pensions. . from the Secretary of the Treasury, requesting that an appropriation By l\fr. McRAE: A bill (H. R. 12640) to pension Sarah Thomasson of $2 000 be made for the United States public building at Augusta, to the Committee on Pensions. Ga.· ~hich was referred to the Committee on Appropriations, and or By Mr. TARSNEY: A bill (H. R. 12641) for the relief of Theodore der~d to be printed. S. Case, authorizing the settlement of his accounts ill the Post Office Ile also laid before the Senate a communication .from the Secretary Dep::i.rtment-to the Committee on Claims. of the Treasury, transmitting, in response to a joint resolution of Con By 1\fr. WILLIAl\18, of Illinois: A bill (H. R. 12642) granting a gress, the draught of a bill to amend certain sections of the Hevised St'at pension -to Lenora Dixon-to the Committee on Invalid Pensions. utes of the United States concerning the regulation of steam vessels, By Mr. WILLIAMS, of Ohio: A bill (H. R. 12643) to remove the· regulation of commerce and navigation, and the remission of fines., charge of desertion from the record of Michael Mahan-to the Com penalties, and forfeitures, in furtherance of recommendations of the mittee on :Military' Affairs. Americandelegatestothelatelnternationall\1arineConference; which, By Mr. BINGHAM: A bill (H. R.12644) for the relief of Wesley with the accompanying papers, wn.s referred to the Committee on Stillwell-to the Committee on Military Affairs. Commerce, and ordered to be printed. By Mr. CLARK, ofWisconsin: A bill (H. R.12645) toplaceupon the CREDENTIALS. pension rolls the name of Elizabeth Wolcott-to the Committee on :M:r. EDMUNDS presented the credentials of JUST.IN S. :MORRILL, Invalid Pensions. . chosen by the Legislature of Vermont a Senator from that State for By Mr. DE LANO: A bill (H. R. 12646) to incorporate the reform the term of six years beginning March4, 1891; which were read, and · school for girls of the District of Columbia-to the Committee on the ordered to be filed. District of Columbia. By Mr. SMYSER: A bill (H. R. 12647) granting a pension toSusan COlillIITTEE ON TUE JUDICIARY. Wood-to the Committee on Invalid Pensions. Mr. EDMUNDS. Mr. President, I make a privileged motion, as it By Mr. BYNUM: A bill (II. R. 12648) increasing the pension of were, that the Committee on the Judiciary during the rest of this ses Benjamin C. Shaw, late major Seventh Indiana Volunteer Infantry sion of Congress have leave to sit during the sittings of the Senate. to the Committee on Invalid Pensions. There are some matters of importance that we can attend to without interfering with the business of the Senate if we are permitted technic ally to be in session while the Senate is sitting. PETITIONS, ETC. 'fhe VICE PRESIDENT. It is understood that leave is granted un Under clause 1 of Rule XXII, the following petitions and papers less objection iS' made. The Chair hears none. were laid on the Clerk's desk and referred as followa: PETITIOXS AND l\IEl\IORIA.LS. By Mr. BYNUM: Petition forreliefofCol. B. C. Shaw-to the Com Mr. TURPIE presented a petition of citizens of Huntington County, mittee on Invalid Pensions. Indiana, praying for the passage of what is known as the Conger lard By 1\Ir. CRAIN: Petition of A. Bowers and others, asking for the bill· which was ordered to lie on the table. pa.ssnge of House bill 892-to the Committee on Commerce. "!lir. COCKRELL presented the memorial of W. T. Baird, Joseph By Mr. GROSVENOR: Petition for passage of tobacco-tax rebate Baum, Dr. G. A. Goben, and 46 other citizens of Kirksville, 1\10., re to tlie Committee on Ways and Means. monstrating against the passage of any bankruptcy bill; which wa.s By Mr. EDWARD R. HAYS: Petition ofD. B. Cherry and 14 others, ordered to lie on ihe table. citizens of Knoxville, Marion County, Iowa, in favor of the Butter He also presented the petition ofD. B. Browning, John Bucher, and worth bill (H. R. 5353)-to the Committee on Agriculture. 32 other citizens of Holt County, Missouri, praying fort.he passage of By l\fr. WALTER I. HAYES: Petition of citizens of Davenport, the Conger lard bill; which was ordered to lie on the table. Iowa., in favor of the improvement of the Lower Mississippi River-to Mr. COCKRELL. I have been specifically requested in writing, by the Committee on Rivers and Harbors. what is known and signed "The Wage-\Yorkcrs' Political Alliance of Also, resolution of Business Men's Association of Davenport, Iowa, the District of Columbia," to present a petition praying for .a law to in favor of same improvement-..to the Committee on Rivers and Har · compel the District commissioners to condemn or purchase the plant bors. of all the street railroads in the city of Wasbington apd operated By 1\fr. HOUK: Petition, evidence, etc., in support of House bill within the nation's public reservation known as the District of Col um.-