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1896. CONGRESSIONAL RECORD- HOUSE. 3533 ciation of Machinists, of Parsons, Kans., for an investigation into The bill was read, as follows: the treatment of the members of the association employed in the Be i enacted, etc., That the consent of Congress is hereby given to the East St. Louis and St. Louis Bridge and Construction Company, of the city Navy-Yard-to the Committee on Labor. of East St. Louis, of the county of St. Clair and State of illinois, a corpora­ Also, memorial of Eggleston Post, No. 244, Grand Army of the ti.on organized under the laws of the State of Illinois, its assigns, successors, Republic, of Wichita, Kans., praying for the passage of a service­ grantees, mortgagees, representatives, and successors in interest, to build, own, operate, and maintain a bridge and approaches thereto, as hereinafte!" pension bill-to the Committee on Invalid Pensions. described, across the Mississippi River, from some point suitable to the in­ Also, memorial of the White Ribbon Women of Pomona, Kans., t er ests of navigation etween the north line of St. Clair County, lll.• and the praying for the appointment of a commission of arbitration to southwest line of said county, to the city of St. Louis, t:ltate of Missouri: Provided, That the plan and location of the said bridge, so far as the inter­ adjust all troubles between the and England-to ests of navigation are concerned, shall be recommended by a board of three the Committee on Foreign Affairs. United States engineers appointed by the Secretary of War and shall be ap­ By Mr. LEIGHTY: Resolutions of De Long Post, No. 67, of proved by the Secret-ary of War. And it shall be the of t.he said board Auburn; also of Sion . Bass Post, No. 40, of Fort Wayne, Grand to give a public hearin~ in the city of St. Louis to all parties interested in the const ruction of sa1d bridge whenever the design and drawings of said Army of the Republic, Department of Indiana, in favor of a serv­ bridge and maps of location shall have been submitt ed to the Secretary of ice-pension bill-to the Committee on Invalid Pensions_. War as herein provided. Said board to give reasonable notice of time and Also. petition of citizens of Lagrange, Ind., favormg House place of such hearing and report its recommendations to the Secretary of War as soon thereafter as may be expedient. Said bridge shall be constructed bill No. 5729, for the protection of game, birdS, and fish- to the !or the purpose of providing for the passage of wagons, vehicles, street cars, Committee on Interstate and Foreign Commerce. animals, and foot passengers, and shall be deemed and taken as a public high­ By 1\Ir. LINTON: Resolutions adopted by the League of way for the purposes named only, subject to the provisions hereinafter set forth: Provtded, That street-railway companies desiring the use of said Philadelphia, Pa., asking for favorable action on House bills Nos. bridge shall have and be entitled to equal rights and privileges relative to 838 4566, and 5560, to provide 1-cent letter postage per half ounce the passage of cars over the same and over the approaches thereto, and in and to amend the postal laws relating to second-class and free case the owner or owners of said bridge and the street-railway companies or any one of them, desiring such use shall fail to agree upon the rules and matter-to the Committee on the Post-Office and Post-Roads. conditions to which each shall conform in using said bridge, all matters at By Mr. LONG: Petition of John Goldy Post, No. 90, of Milan, issue between them shall be decided by the Secretary of War, upon hearing Department of ~nsas, praying for the passage of a service-pen­ the allegations and proofs of the parties in question. SEC. 2. That anv bridge built under this act and subject to its limitations sion bill-to the Committee on Invalid Pensions. shall be a lawful structure and shall be recognized and known as a post route, By Mr. LOUDENSLAGER: Petitions of the Liquor Dealers' upon which also no charge shall be made for the transmission over the same Association of Phillipsburg, . .; also of Retail Liquor Dealers' of the mails, the troops, and the munitions of war of the United States, and it shall enjoy the ri~hts and privileges of other post roads in the United Association of Mercer County, N. J.; also 'of Hudson County Stat ; and equal privileges in the use of said bridge shall be granted to all Liquor Dealers' Association, ; also of Hunterdon telegraph and telephone companies, and the United States shall have the County Hotel Keepers' Association, New Jersey; also of etail right of way across said bridge and its approaches for postal telegraphic pur­ Liquor Dealers' Association of South Amboy, N.J., against the poses. SEc. 3. That in case the said bridge shall be built below the bridge hereto­ passage of House bill No. 6668, amending an act regulating sale fore constructed and known as the Eads Bridge, it shall be built with un­ of intoxicating liquors in the District of Columbia-to the Com­ broken and continuous spans, and shall have at least two channel spans of mittee on the District of Columbia. not less than 750 feet clear width, each measured at right angles to the cur­ r ent at any and all stages of water; and the lowest part of said spans shall By Mr. MORSE: etition of the Brockton Central Labor Union, not be of less elevation in any case than 75 feet above the St. Louis city direc­ of Brockton, Mass., asking for the unlimited coinage of silver at trix; and in case the said bridge shall be built above the said Eads Bridge there the ratio of 16 to 1- to the Committee on Coinage, Weights, and shall be at least three channel spans of not less than 500 feet clear width, each measured at right angles to the current at any and all stages of water; and Measures. the lowest part of said span shall not be of less elevation in anr case than 50 By Mr. SNOVER: Petitions of Typographical Union , Trades feet above the St. Louis city directrix plus the slope of the river from the and Labor Council, Cigarmakers' Uruon, Journeymen Barbers' foot of Walnut street, in the city of St. Louisl.tothe point where the bridge shall be built; and the piers of said bridge shall be parallel with the current Union, Longshoremen's Union, and Eddison Union, all of Port of the river. Huron, Mich., for a law restricting immigration-to the Com­ SEc. 4. That the piers of all high-channel spans shall be built parallel with mittee on Immigration and Naturalization. the current of the river at the stage of water which is most important for navigation, and riprapping or other protection for imperfect foundations By 1Ir. SORG: Petition of Cincinnati Chamber of Commerce which will materially lessen the waterway or which may injure navigation and Merchants' Exchange, of Cincinnati, Ohio, indorsing a bill to shall not be employed in the channel ways of the high spans, and piers which create a department of commerce and manufactures as a branch will produce cross currents or bars dangerous to navigation shall not be constructed; and if, after construction, any piers or protection walls are of the exacutive department of the Government, signed by Fred found to produce the above-mentioned effects the nuisance shall be abated Guckenberger, secretary-to the Committee on the Judiciary. or corrected by or at the expense of the persons owning sai

p3Ssage, or transportation over said bridge and approaches as the directors ple the relief they ought to have from exorbitant charges without or individuals owning said bridge may from time to time fix and establi::;h: Provided, That the rates charged for such travel, paS&'1ge, or transportat10n in any way impairing the navigatjon of the river. snail not exceed the following, to wit: For each foot passenger over 5 years I war.t to remind gentlemen that this is not a matter of inter­ of age, 3 cents· for every person on horsehack, including horse, 7 cents; for est to the city of St. Louis alone. It is a matter that affects the every gig, buggy, carriage, cart, or wagon dl·awn by one animal, 10 cents ; for every buggy, carriage, cart, or wagon drawn by two animals, 20 cents; for navigation of the entire Mississippi River, and is of deep interest every buggy, carriage, cart, or wagon drawn by three animals, 25 cents; to all persons engaged in that navigation. for every buggy, carriage, cart, or wagon drawn by four animals, 30 cents; Within the last ten years the Umted States Government has for e:very buggy, cauiage, cart, or wagon drawn by more than four animals, in 5 cents extra for each animal; for each head of cattle, horses, mules, or other expended some 30,000,000 its effoTts to imp1·ove the navigation animals other than those attached to vehicles, 10 cents: for &'1Ch head of sheep of the Mississippi River, and yet here is a proposition to put an or swine, 5 cents. In case 2aid directors or individuals owning said bridge impediment in the way of commerce, infinitely greater than any shall operate a smeircar line, or permit any street-car company to operate a single impediment to be found on the entire 1iver; tllree brid!Yes street-car line on said bridge and approaches, the fare for a single passenger over tbe same for persons over 5 years of age shall, in either event, not within a distance of 2 miles in a crowded harbor with a current exceed 5 cents. of from 4 to 8 miles an hour. It is absolute nonsense for any man SEC. 11. That said corporation shall have power to acquire title to lands, by to say that this bridge will not be a detriment and an impediment condemnation or otherwise, as may be necessary for the construction of said bridge and appr~ches thereto, in accordance with the laws of the State. or to the navigation of the 1iver. Every man with an iota of com­ States wherein title to such property may be necessary to the constructiOn mon ~ense knows it must be, and yet this is the proposition involved of such bridge. in the pending bill. SEc.l2. That the said corporation, its assigns, succ-essors, grantees, mort-­ gagees, representative , and succe sors in interest may, from time to time, I thought it due to the House that it should know the real eitu­ bonow money at any rate of interest and issue bonds or other evidences of ation and the facts involved, and for that reason I have seen proper indebtedness bearing such rate of interest and payable at such time and at such to make this statement. place or places as may thereby be deem ed advisable or proper, and may se­ cure such bonds or other indebtedness by mortgage of such bridge and ap­ Mr. MURPHY of illinois. Mr. Speaker, the ehairman of the proaches and such tolls and of the privileges, rights, and franchises given by Committee on Interstate and Foreign Commerce says that this this act. bill was reported from the committee at a time when a full com­ SEc. 13. That the right to alter, amend, or repeal this act is hereby ex­ mittee was not present. That may be true, but nevertheless it pressly reserved. was reported at a time when everymemberof the commi~ee who The, committee recommend the adoption of the following amend­ was present voted to report the bill favorably to the House. This ments: bill has passed this House once before. The sole object which it Section 1, by inserting after the word "passengers," in the twenty-eighth accomplishes is reduce the charges for crossing the river. The line of :page 2, the words "and shall be constructed of sufficient strength and to dimensiOns to provide for the passage over it of railway passenger and freight present charge, for instance, is 35 cents for a one-horse vehicle. trains, and the accommodation of double tracks therefor." This fixes the maximum charges, and makes them about one-half · Section 9, by inserting after the word "St. Louis," in thefi.fthlineof page7: to one-third the present rate. "The E:.st St. Louis and St. Loui~ Bridge and Construction Company or its successors or assi~s shall not ag;ree or assent to the conSl RIver, this bill provides that the bridge shall be located at a point to be or to the pooling of the earnings of this bridge company with the earnings selected by three river engineers appointed by the War Depart­ of any other bridge company across said river, nor shall any person who is or may be a nts." me that an objection of this kind should not be presented llere. By adding after the end of section 13 the words: If this location was left to me, it might be. different; but it is left "SEc. 14. That all acts and parts of acts in conflict with this act are hereby to three river engineers, to be appointed by the War Department, :repealed." as I have stated. The SPEAKER. Is there objection to the present consideration Mr. HOPKINS. So that it is under the control of the Depart­ of the bill? ment anyway? Mr. TALBERT. I would like to ask the gentleman if this bill Mr. MURPHY of lllinois. It is under the control of the War carries any apprbpriation whatever? Department. Mr. MURPHY of Illinois. Not a dollar. Mr. JOY. Mr. Speaker, I desire to say only a very few words Mr. BARTHOLDT. I do not desire to object to the considera­ with reference to this bill, and to answer some of the statements tion of the bill if I am given an opportunity to offer some amend­ made by the chairman of the Committee on Interstate and Foreign ments to it. Commerce (Mr. HEPBURN]. Mr. MURPHY of illinois. The1·e is no objection to that. This bill is offered by the gentleman from lllinois [Mr. MURPHY] The SPEAKER. The Chair hears no objection to the present for the purpose of bettering the conditions of traffic across the consideration of the bill. Mississippi River at St. Louis. • Mr. BARTHOLDT. I offer the amendment I send to the desk. Mr. HEPBURN. Will the gentleman allow me to interrupt The Clerk read as follows: him? Insert at the end of line 25 the following: Mr, JOY. Certainly. "And provided ju1·the1", That said bridge shall be located not less than lt Mr. HEPBURN. In your judgment, is it not entirely com­ miles and not more than 2t miles south of what is known as the Eads Bridge." petent for Congress to correct every evil of which you complain, The questio.n was taken; and on a division (demanded by Mr. and· to give .to you every advantage in the way of fair rates that B.A.RTHOLDT) there were-ayes 4, noes 47. will be obtained through this bill? Can there be any question So the amendment was rejected. about the right of Congress to prevent these extortions of which The amendments recommended by the Committee on Interstate you complain? \\,nd Foreign Commerce were adopted. Mr. JOY. There may be no question about the right of Con­ Mr. HEPBURN. Mr. Speaker, in my judgment this bill ought gress to do it, but it is a fact that these extortions have existed not to pass. It passed the committee at a time when I was not fol' fifteen years now, and I will state the additional fact that a present; and while it is reported here from the committee, it is not bridge, called the Merchants' Bridge, was built with the express a unanimous report. understanding and with a provision that it should never be under This is a proposition to put a third bridge across the Mississippi the control of the officers of the Eads Bridge. That bridge was River within a distance not g1·eater than 2 miles from each other. to give a lower rate than we have now. That was the proposi­ It is right across the harbor of the city of St. Louis. This is a tion; but it is a fact that that bridge is now owned and controlled harbor in which there is a rapid cuiTent, in which there is dif­ by the Gould Bridge or Eads Bridge. These fa.cts show me that ficult navigation, in which there are scores of vessels constantly while it is possible for Cong1·ess to corTect the e evils, it is not moving about; and it will be a serious impail"'llent of the naviga­ probable that it can be done. Every freight car crossing from tion of the river, as was shown by the testimony of a number of East St. Louis to St. Louis pays an arbitrary charge of S5. Every experts capable of discussing the matter appropriately and intelli­ passenge-r pays 25 cents or more going one way or the other. On gently who appeared before the committee. The only reason as­ the Merchants' Bridge they pay 30 cents and upward. This bill signed for the construction of a new bridge there is that excessive provides a forfeiture unless the rates are kept down to a maxi­ tolls are charged by the other two bridges already existing. This mum of less than 60 per cent of the present charges. is an argument that does not have any force, because of the fact The business interests of the city of St. Louis demand the pas­ that this Congress has the absolute control of the entire matter; sage of thia bill. The bridge, if built, will not be an impediment can take from the companies that operate the bridges the right to to river navigation. I have the statements of men who signed let them exist for a day; can modify the regulations in any way the protest that went before our committee, among others the they please; can establish a schedule of rates, and give to the peo- statement of the president of the St. Louis and New Odeana 1896. OONGRESSIONA~ RECORD--HOUSE. \3535

Anchor Line, a man who has been before anoth~r C?O~~tte~ for Mr. BARTHOLDT (reading): a long time seeking the improvement of the MISSlSSlppi River, SEC 3 That in case the said bridge shall be built below the bridge hereto­ Mr. Isaac M. Mason. His statement is that this bridge will in­ for~:~ ~n:structed and known as the Eads Bridge, it shall be built with un­ convenience to a small extent, but will not impede or interrupt broken and continuous spans. the commerce of the river past the city of St. Louis. Mr. MURPHY of Illinois. They do not say they will not Mr. CANNON. I want to ask the gentleman a question to see build it. if I understand this matter right. This is to authorize the con­ Mr. BARTHOLDT. But you stated it before the committee. struction of a bridge across the Mississippi River at ~t. Louis, The authorized representatives of your company stated it at a upon an investigation and favorable report by the Engmeer De- meeting of the committee, that they will ~ot accept the charter ~t partment? . . . . the hands of Congress if the army engmeers should report 111 Mr. JOY. Yes; a bridge at a pomt which those engmeers shall favor of a southern location. Mr. GRAFF. Will the gentleman allow me to ask him a ques­ ~Ir. CANNON. Is there due provision made in the bill against tion? the extortions now practiced? Mr. BARTHOLDT. Certainly. Mr. JOY. There is a maximun fixed, which is less than 60 per Mr. GRAFF. If the army engineers should locate it at the cent of the present rate. They can not go above that maximum point you wish to locate it, in ~o'?- St. LY additi~u.al Mr. TERRY (continuing). How can you take the name of that franchises granted by Congress, although I think It IUa:Y ~an:ly corporation and build it? be questioned, Mr. Speaker, whether Congr.ess ~any JUrisdiC­ 1\fr. BARTROLDT. Certainly we can not. tion in the matter of rates. My understanding IS that Congress Mr. ATSON of Ohio. Is there anything in this bill which has nothing to do with the question ?f ex­ provides that this bridge sha~ be built at any particular place? construc.tin~ bri~~es 1\Ir. BARTHOLDT. No, srr. cept in so far as pertains to the question. of. naVIgatwn; m. oth~r words, all we are called upon to determme IS whether a bndge IS Mr. WATSON of Ohio. Why can not they build it wherever an obstruction to safe navigation or not. But I thoroughly and they see fit? entirely dis~crree with the gentleman, because I represent ano~her Mr. BARTHOLDT. They can not because the interests of navi­ section of the city of St. Louis. It is .merely a l_ocal question. gation have to be considered. 1\ly friend and colleague rMr. JoY] desn·es the bridge to b e lo­ Mr. WATSON of Ohio. Of course I would not want to inter­ cated in the district whicn he represents, near that part of St. fere with the interests of navigation. Louis which already has a bridge, while South. St. Louis, the~­ The SPEAKER. The question is on the engrossment and third trict I have the honor to represent, has no bndge; a~~ fo:r: that r eading of the bill. rLaughter.] T~e Chair understood what was reason I presented to this House the o~her day a petition s:gned goiug on was mere1y a conversation between members. The by 10,000 citizeni and manufacturers m favor of the location of House will be in order. 1\Ir. BARTHOLDT. Mr. Speaker, I desire offer another the third bridge in South St. Lo~is . . . . to That location is the only location to which the nver mtere~ts ~o amendment, which I seud to the desk. not object. I think it ought to be understood by everyone.w1thm The amendment was read, as follows: Insert at the f'nd of line 25 the following: the sound of my voice that it is intended on the part of this com­ "Provided further, That said bridge shall be located IW; less than l t miles pany to build this bridge only two or three bl?cks n.orth of tJ;te and not more than 2 miles south of what is known as theEads Bridge." present E ads Bridge.. A gentlem~n who has his .all mvested m The SPEAKER. The question is on the amendment. river navigation, and IS an authon.ty on the qu~stion-Mr. Hoar­ Mr. CLARK of Iowa. Mr. Speaker, I received yesterday tele­ stick, of St. Louis-appeared before the Conu;mttee on ~nterstate grams of protest from the three great lumber interests at Keokak, and Foreign Commerce and told them that if that bz:dg~ were in my district, aga~nsp the location of this I?r~dge as proposed. yv e located there it would seriously obstruct the safe naVIgatiOn of are spending multiplied thousands and milhons of dollars to I~­ the Mississippi. Bnt, as is usual in committees, th~ gentleman prove the navigation of the Mississippi River, ~nd then spec~al from St. Louis being on that c~mmittee, by coUPtesy It was left to enterprises come in here to thwart the great national enterpriSe him to say where the bridge ought to be located. The gent~eman contemplated by our. sys~em of Mississippi River. ~pr~vement. from Illinois [Mr. MURPHY] says ~t ought to ~e left, and IS left Sir, the great lumbermg mterestsand the great sh1ppmgmteres~ by the bill, to a board of army engmeers to. decide where the loca­ of the Upper :Mississippi are a unit against the location of thiS tion shall be but I desire to call the attention of the House to the bridcre where it will be an obstruction to the navigation of that fact and I ~ gentlemen would give attention to the statement rive;, and I insist that this bill should not pass until due .and ~de­ I a~ going to make in this connection, that ~ that board of arll?Y quate provision is made in its terms for the location of this bridge engineers should report in favor.of the locatiOn of the b~dge m so that the navigation of the 1\!issis ippi shall not be hindered in South St. Louis the company will refuse the charter which you the interest of a corporation. are now asked to grant them...... llir. BARTHOLDT. Mr. Speaker, for the information of th~ Mr. MURPHY of Illinois. Will you bmld the bndge If It 1s gentleman who has just taken his seat and of the House, I desire located where you want it? to state that the river interests, the interests of navigation, are Mr. BARTHOLDT. Yes, sir. supporting my amendment. They are in .favor of th~ loc_ation Mr. MURPHY of illinois. If the military board located it in mentioned in that amendment, and therefoTe I hope It Will be South St. Louis, why should not you be satisfied? . adopted. Mr. BARTHOLDT. This charter would not be vahd. We can Mr. GRAFF. 1\Ir. Speaker, the pending amendment is practi­ not build a bridge under your charter. callv the same as the one that was offered a while ago by the same Mr. MURPHY of illinois. You can not? gentleman and defeated. If he desires to have a bridge located Mr. BARTHOLDT. This bill authorizes an East St. Louis at the pa1·ticular point he proposes, let him introduce a bill for company to build the b~id~e; not us. ~d. I desire. to call ~tten ­ that purpose. The gentleman from illinois [Mr. MURPHY] has tion to another contradictwn, and that 1s m the third section of inh·oduced a bill which he thinks is in the interest not only of the bill. It reads as follows: his own people, but of the people of St. Louis and East St. Louis That in case the said bridge shall be built below the bridge heretofore con· also. There is nothing in the provisions of that bill to pz:event structed and known as the Eads Bridge, it shall be built with unbroken and continu ous spans, etc. the War Department having full discretion as to the particular location of this britlge. The officers of the W~r Department are Now, what is thjs provision brought into this bill fo_r? It is :vell in a better position than we are in to be adVIS~~ as to th~ be.st known that the company will not accept the charter if the bndge place to locate this bridge, and under the proVISlOns of ~his b1:U is located below the Eads Bridge, or in South St. Louis. as reported from the committee they have f:lll power, m the1r Mr. MURPHY of Illinois. Does the bill say that? discretion, to put the bridge exactly at the pomt whe1·e the g~n­ Mr. BARTHOLDT. Here it is. tleman from Missouri says it ought to be; but he now, finding Mr. MURPHY of lllinois. Read it. fault with the decision of the committee reporting .the bill in its 3536 CONGRESSIONAL RECORD-HOUSE. APRIL 3, present shape on the ground that the bridge is likely to be placed makes no appropriation. It simply relates to the flushing in con­ under the discretion given to the War Department at a point nection with the sewerage system at Fortress Monroe. where it will inJure navigation, proposes to put his own judg­ Mr. PICKLER. What is before the House? ment against the judgment of thQ Department and to limit the The SPEAKER. The gentleman from Iowa [Mr. HULL] asks discretion conferred upon the Department by the bill as originally unanimous consent for the present consideration of the joint reso­ introduced and as reported from the committee. lution which the Clerk will read. Mr. BARTHOLDT. Will the gentleman allow me to ask him Mr. HULL. If it takes any time I will withdraw it. a question? The Clerk read the joint resolution to amend the act approved Mr. GRAFF. Cert&inly. August 1,1894, making appropriations for fortifications and other Mr. BARTHOLDT. It seems to me that the judgment of the works of defense, etc. engineers of the War Department will be very seriously limited Mr. HULL. I think I can state this matter more quickly than by the stand which this company takes in stating before the com­ it can be presented to the House by the reading of the report of mittee that if the bridge should be located south of the Ead.s Bridge the War Department.- By appropriation already made there is it will not accept the charter. provision for the construction of a sewerage system at Fortress Mr. GRAFF. But we were advised a little while ago that if the Monroe. As that system is now rapidly approaching completion, bridge is located on the other side the interest the gentleman rep­ it is necessary to have authority to sink this other well and to con­ resents is willing to build it. struct pumping works out of the present appropriation, so as to Mr. HOPKINS (to Mr. B.ARTHOLDT). Your amendment, as I flush the sewerage system and complete it. That is all there is in understand, seeks to defeat this legislation. the resolution. It is recommended by the Chief of Engineers of Mr. BARTHOLDT. No, sir. the War Department and has been considered informally by the Mr. HOPKINS. I understood you to state to my colleague that Military Committee. if the bridge was located down there the enterprise would not be Mr. SAYERS. How came this resolution before the Committee carried out. on Military Affairs? Mr. BARTHOLDT. I do not intend to defeat this bridge. Mr. HULL. It was sent there by the War Department. :Mr. HOPKINS. But I understood you to make that statement Mr. SAYERS. The matter properly belongs to the Committee to my colleague, and if that is correct it certainly looks as if you on Appropriations. are simply seeking to defeat this legislation. Mr. HULL. Well, the Department sent it to us. Mr. BARTHOLDT. Mr. Speaker, I do not desire to be misun­ Mr. SAYERS. It ought to have been referred to the Commit­ derstood. I am in favor of a third bridge. tee on Appropriations. Mr. GRAFF. But are you not seeking to hamper and limit the Mr. HULL. Of course, if the consideration of the resolution is discretion of the War Department? Is not that discretion wider objected to, I will withdraw it; but I really think there can be no under the bill as it stands than it would be if your amendment good ground for objection. were adopted? Mr. LIVINGSTON. I object to the consideration of the reso­ Mr. BARTHOLDT. I will say that my judgment about the lution; it ought to liave gone to t~ Committee on Appropria­ matter was formed in the committee room, after I heard the state­ tions. ments and arguments of the gentlemen representing river inter­ ORDER OF BUSINESS. ests. Those gentlemen stated that the only location to which they would haveno objection was the one which I am advocating, :M:r. PICKLER. I demand the regular order. South St. Louis. The SPEAKER. This being private bill day-- Mr. GRAFF. Is it not true that you said that if the Depart­ Mr. PICKLER. I understand that the unfinished business on ment, under the discretion given in this bill, located the bridge at the Private Calendar is the regular order. a point where you do not think that the parties for whom the bill Mr. HITT. Does the gentleman from South Dakota [Mr. PICK­ is introduced wish it, but at a point you preferred, you were will­ LERj propose to go to the Private Calendar now? If that is the ing to build the bridge? case, I shall have to interrupt him. Mr. BARTHOLDT. Certainly. Mr. PICKLER. No, sir; except as to the unfinished business Mr. GRAFF. There is nothing in the bill to keep you from on the Private Calendar-the bills that have passed the Commit­ incorporating a company at South St. Louis if the War Depart­ tee of the Whole and are now ready to have the previous question ment in its discretion, after looking over the field, should locate ordered upon them in the House. There are about twenty such it a.t the point which you favor. bills, I think, that have not yet been acted on by the House. Mr. BARTHQLDT. The gentleman understandsthatwecould Mr. HITT. Does the gentleman propose to have debate? not use this charter. If it is granted to an East St. Louis com­ Mr. PICKLER. No, sir; there has been debate on all of these pany we South St. Louis people could not use it. bills in the Committee of the Whole. · Mr. GRAFF. There is no particular company mentioned in Mr. HITT. I am informed by gentlemen around me that there the bill. will be debate on several of these bills. Mr. BARTHOLDT. Yes; there is. Mr. McCLELLAN and others. On all of them. Mr. GRAFF. Well, there is nothing in the bill to prevent your Mr. HITT. Gentlemen here tell me that these bills will lead obtaining the benefits of the charter. I understand you could to debate. obtain this charter should the members of this company men­ Mr. PICKLER. Not if the previous question is ordered. tioned not desire to build at the point finally located. Mr. McMILLIN. Mr. Speaker, I do not know what the recent Mr. BARTHOLDT. Mr. Speaker, again I call attention to sec­ ruling on the subject has been, but formerly, for a number of tion 3. I think it ought to be stricken out, because the company years, the ruHng was that such business as the gentleman from say that they will not build below the Eads Bridge. The ques­ South Dakota refers to was taken up as first in order after the tion is on my amendment, and I ask for a vote on my amendment. House came out of Committee of the Whole on Friday afternoon. Mr. HOPKINS. I desire to add just a word before the vote is Speaker Carlisle used to hold that way. I do not know whether taken on the amendment. Under the bill as reported, according there has been any change in the method of conducting this class to my understanding, the location of this bridge is to be deter­ of business. That was the former ruling. mined according to the discretion of the War Department, upon The SPEAKER. The Chair had occasion to rule on this sub­ the report of three Government engineers, selected by the Secre­ ject in the Fifty-first Congress. tary of War. If the view of the gentleman from Missouri [Mr. lYir. McMILLIN. I had not recalled the ruling, Mr. Speaker, B.ARTHOLDT] is correct, then this bridge will be located by the when I spoke. Government engineers at the point he favors; but if those engi­ The SPEAKER. The ruling was that the bills which have neers, who are familiar with the river and all the points which come out of the Committee of the Whole were unfinished business, have been mooted in this debate, choose to locate the bridge at and therefore would have to be taken up before the House would some other place, they will, if this amendment be not adopted, go into Committee of the Whole again. have that privilege. It seems to me that in the interest of com­ The particular case on which the ruling was given was not a merce this discretion ought to be left with the engineers who are pension case; but an examination of the authorities as to the ori­ to be selected to supervise the construction of the bridge. [Cries gin of the pension evening makes it clear, in the opinion of the of "Vote!" "Vote!"] · Chair, that thA pension bills would be within the purview of that The question being taken on the amendment of Mr. BARTHOLDT, ruling, although the Chair reserves his judgment if gentlemen it was rejected. desire to be heard upon the question. The bill was ordered to be engrossed and read a third time; and Mr. McMILLIN. I am not making the point, Mr. Speaker, that being engrossed, it was accordingly read the third time, and passed. that should not be the rule. On the contrary, I think the ruling On motion of Mr. MURPHY of illinois, a motion to reconsider is in accordance with the proper principle. But the practice, I the last vote was laid on the table. believe, has been the other way. The SPEAKER. The rule has been somewhat changed, as the · SEWERAGE SYSTEM AT FORTRESS MONROE. gentleman will remember, in this Congress. The Chair thinks that Mr. HULL. I ask unanimous consent for the immediate con­ the change in the rule obviates the doubt. sideration of a resolution submitted by the War Department. It Mr. McMILLIN. The Chair is undoubtedly correct. I could 1896. CONGRESSIONAL RECORD-HOUSE. ·3537

readily see, after the provision of the rule was ad.opted, how that LEWIS C. SCHILLING. principle should prevail in the consideration of these matters, for The next bill reported from the Committee of the Whole was the it would seem entirely appropriate that the business which had bill (H. R. 2224) granting an increase of pension to Lewis C. Schil­ been considered on a preceding day, and had reached a further ling. stage of advancement, should come up first. Mr. PICKLER. I demand the previous question on the bill to The SPEAKER. That seems to be the principle involved. its passage. Mr. PICKLER. I desire to call up the bills, Mr. Speaker, re­ The pravious question was ordered, under the operation of which ported fr~m the Committee of the Whole. the bill was ordered to be engrossed and read a third time; and it Mr. HITT. I wish to call the attention of the gentleman. from was accordingly read the third time, and passed. South Dakota to the fact that I am informed by a number of gen­ CHARLES W. RINEHARDT. tlemen around me that they desire to debate some of the bills, and The next bill reported from the Committee of the Whole was the that it is very likely the consideration of them will take several bill (H. R. 2054) to correct the military record of Charles W. Rine­ hours. Of course I do not wish to antagonize his bills, but I feel hardt and to grant him an honorable discharge. it my duty to proceed with the consideration of the conference The bill was read. report on the Cuban question. Mr. PICKLER. Mr. Speaker, I demand the previous question. Mr. PICKLER. I think it the duty of the House to pass the Mr. ERDMAN. Mr. Speaker, Irisetoaparliamentaryinquiry. private pension bills. Cuba can wait as well as the private pen­ Will it be in order at this time to have the reports read in these sion bills. [Applause.J You have plenty of time for that. cases? Now, if it is the Will of the House, of course no bill can be The SPEAKER. It would not be in order. The report of a. debated, because it is within the power of the House to order the committee can be read by a member as a part of his remarks. previous question, in which event there will be no debate. Mr. PICKLER. The reports have all .been read, and the bills Mr. McMILLIN. The gentleman forgets that even after the have all been considered in Committee of the Whole. • previous question there may be limited debate. . The previous question was ordered. The SPEAKER. How? The bill was ordered to be engrossed and read a third time; and Mr. McMILLIN. Not, of course, if the bill had been debated it was accordingly read the third time, and passed. in Committee of the Whole. . Mr. PICKLER. All of these bills have been debated in Com­ WILLIAMSON DURLEY • mittee of the Whole. The next bill reported from the Committee of the Whole was the Mr. DINGLEY. Mr. Speaker, it seems to me, this being Fri­ bill (H. R. 3234) g1·anting a pension to Williamson Durley. day, and there being quite a number of private pension bills re-· The bill, with an amendment reported fi·om the Committee of ported from the Committee of the Whole favorably, that these the Whole, was read. . bills ought to come up first; and I hope the gentleman from South Mr. PICKLER. Mr. Speaker, I demand the previous question. Dakota will call them up and move the previous question on them The previous question was ordered. · as they are reached. The amendment reported from the Committee of the Whole was Mr. IDTT. If the gentleman can assure me that he will move agreed to. the previous question when he calls up the bills, and that there The bill as amended was ordered to be engrossed and read a third wilt be no debate, of course I will not interfere. time; and it was accordingly read the third time, and passed. Mr. PICKLER. I can not say what action the House may take, WILSON KALE. but if I can get recognition I will move the previous question. I The next bill reported from the Committee of the Whole was the was going to say that all of these bills have been debated in Com­ bill (H. R. 1836) granting an honorable discharge to Wilson Kale. mittee of the Whole, the reports were read in full, and they were The bill was read. disposed of in committee. On motion of Mr. PICKLER, the previous question was ordered. 'l'he SPEAKER. The Clerk will read the first bill reported The bill was ordered to be engrossed and read a third time; and from the Committee of the Whole House on the Private Calendar. it was accordingly read the third time, and passed. FRANCIS E. HOOVER. RACHEL PATTON. The next bill reported from the Committee of the Whole was the The first bill reported from the Committee of the Whole House bill (H. R. 1094) granting a pension to Francis E. Hoover. was the bill (H. R. 1185) granting a pension to Rachel Patton. The bill, with an amendment reported from the Committee of The bill was read at length. the Whole, was read. Mr. PICKLER. I demand the previous question on the bill to On motion of Mr. PICKLER, the previous question was ordered. its passage. The amendment recommended bv thf\ Committee of the Whole The question was taken on ordering the previous question; and was agreed to. - on a division (demanded by Mr. ERDMAN) there were-ayes 127, The bill as amended was ordered to be engrossed and read a third noes 6. time; and it was accordingly read the third time, and passed. Mr. ERDMAN. No quorum. FRANCIS WALSH. The SPEAKER (having counted the House). Two hundred members are present-a quorum; and the previous question is The next bill reported from the Committee of the Whole was the ordered. bill (H. R. 491) g1·anting an increase of pension to Francis Walsh, The question recurring on the engrossment and third reading of of Stockham, Nebr. the bill, and being taken, on a division (demanded by Mr. ERD­ The bill, With an amendment reported from the Committee of MAN) there were-ayes 115, noes 42. the Whole, was read. Mr. ERDMAN. I call for the yeas and nays. This is the case On motion of Mr. PICKLER, the previous question was ordered. of a remarried widow, and we ought to have an opportunity of The amendment recommended by the Committee of the Whole testing the sense of the House on the principle involved. was ag1·eed to. The yeas and nays were not ordered. · The bill as amended was ordered to be engrossed and read a third So the bill was ordered to a third reading; and it was accord­ time; and it was accordingly read the third time, and passed. ingly read the third time, and passed. JEFFERSON FUESTON. The next bill reported from the Committee of the Whole was the THOMAS HOLADAY. bill (H. R. 3689) granting an increase of pension to Jefferson Fues­ The next bill reported from the Committee of the Whole was the t.on, of Company M, Tenth Ohio Volunteer Cavalry. bill (H. R. 2326) granting a pension to Thomas Holaday, with an The bill, with an amendment reported from the Committee of amendment reported from the Committee of the Whole. the Whole, was read. The bill and amendment were read at length. On motion of Mr. PICKLER, the previous question was ordered. Mr. PICKLER. I demand the previous question on the bill The amendment reported from the Committee of the Whole and amendment. was agreed to. The question was taken; and on a division (demanded by Mr. The bill as amended was ordered to be engrossed and read a third ERDMAN) there were-ayes 140, noes 0. time; and it was accordingly read the third time, and passed. Mr. ERDMAN. Noquorum. CAROLINE D. MOWATT. The SPEAKER. The Chair overrules the objection, stating to the House that there is evidently a quorum present. [Applause.] The next bill reported from the Committee of the Whole was the So the previous question was ordered. · bill (H. R. 1139) granting a pension to Caroline D. Mowatt. The amendment recommended by the committee was adopted, The bill was ordered to be engrossed and read a third time; and and the bill as amended was ordered to be engrossed and read a it was accordingly read the third time, and passed. third time; and it was accordingly read the third time. THEODORE WERNER. Thill question being taken on the passage of the bill, on a divi­ The next bill reported from the Committee of the Whole was the sion (demanded by Mr. ERDMAN) there were-ayes 135, noes 4. bill (H. R. 2142) to remove the charge of desertion from the mili­ Bo the bill was passed. tary record of Theodore Werner. XXVTII-222 3538 CONGRESSIONAL RECORD--HOUSE. APRIL 3,

On motion of Mr. PICKLER, the previous question was ordered. HORACE TOWNSEND. The bill was ordered to be engrossed and read a third time; and it was accordingly rean the third time, and passed. The next bill reported from the Committee of the Whole was the bill (S. 136) granting an increase of pension to Horace Town end. JOSEPH PORTER. The bill was read. The next bill reported from the Committee of the Whole was the 1\ir. PICKLER. 1\![r, Speaker, I demand the previous question. bill (H. R. 3993) granting a pension to Joseph Porter. The previous que tion was ordered, and under the operation The bill, with an amendment reported from the Committee of thereof the bill was ordered to a third reading; and it ~as accord· the Whole, was read. ingly read the third time, and passed . .1\Ir. PICKLER. :Mr. Speaker, I desire to correct a clerical error in line 5. It reads "Eighth New York," and it should be" Sixth." ALBERT ELLIS. I ask una.J;limous consent to insert the word "Sixth n in place of The next bill reported from the Committee of the Whole was the the word "Eighth." bill (H. R. 708) to increase the pension of Albert Ellis. Mr. ERDJ\IIAN .. I object. The bill was read. Mr. PICKLER. Then I move that amendment, and I demand Mr. PICKLER. I demand the previous question. the previous question on the amendment and the bill to its passage. The question was taken, and the Speaker announced that the The SPEAKER. The Chair thinks that the bill can not be ayes seemed to have it. amended in that way. What is the error? Mr. ERDMAN. Division. Mr. PICKLER. It is a clerical amendment, to strike out the The House divided; and there were-ayes 108, noes none. word '~Eighth" andinserttheword ''Sixth." The previous ques­ Mr. ERDl\IAN. No quorum, 1\Ir. Speaker. tion has not been ordered. The SPEAKER. The gentleman makes the point of no quorum. The SPEAKER. Tlle Chairmisunderstoodit. The gentleman [After counting.] One hundred and seventy-eight gentlemenare fro!l\ South Dakota moves an amendment, and demands the pre­ present. The ayes are 108, the noes none-the ayes have it, and vious question on the amendment and on the bill to its passage. the previous question is ordered. The previous question was ordered. . Mr:. RICHARDSON. 1\Ir. Speake1·, I rise to a parliamentary The amendment proposed by .1\fr. PICKLER was read, as follows: mqmry. In line 5 strike out the word "Eighth " and insert the word " Sixth." The SPEAKER. The gentleman will state it. The question was taken on the amendment; and the Speaker an­ Mr. RICHARDSON. The Speaker has announced that 178 is a nounced that the ayes seemed to have it. quorum. One hundred and seventy-nine is a majority, unless the Mr. ERDMAN. Division. Chair intended to change a ruling he has made. The SPEAKER. Does the gentleman demand a division on the TheSPEAKER. TheChairdoesintendtochangeit. [Applause amendment? on the Republican side.} Mr. ERDMAN. Yes. Mr. RICHARDSON. This is a mere parliamentary inquiry. The House divided; and there were-ayes 145, noes none. · I make no issue about it and gentlemen need not get excited. I Accordingly the amendment was agreed to. understand the Chair in the Fifty-first Congre s-- The amendment reported from the Committes of the Whole A MEMBER. I understand that other gentlemen have come in. was agreed to. Mr. RICHARDSON (continuing). I do not make any po~t,as The bill as amended was ordered to be engrossed and read a third there would be no difficulty in getting a quorum, but there is a time; and it was accordingly read the third time, and passed. question of practice involved. The ruling of the Chair, as I remem­ ber it, was, the Chair held in the Fifty-first Congres that it took GEORGIANNA. C. HA.LL. 179 members to make a quorum of the Hou e of Representatives, The next bill reported from the Committee of the Whole was the and he now rules that 178 members, which is one le than a bill (H. R. 4182) toincreasethepensionofGeorgiannaC. Hall, with majority, is a quorum. That would seem to be a new ruling, and amendments. therefore I call the attention of theChairtoitsimply. I am mak­ The bill and amendments were read. ing no point on it. 1\Ir. PICKLER. 1\![r. Speaker, I demand the previous question. The SPEAKER. The Chair took occasion at the close of the The SPEAKER. Without objection, the previous question will Fifty-first Congress to put on record his views in regard to the be considered as ordered. ruling which he made and to which the gentleman from Tennes­ There was no objection. see alludes. At that time the Chair, as was announced to the The amendments recommended by the Committee of the Whole House, out of abundant caution, the question having risen orne­ were agreed to. what suddenly, or rather the question which was in the Speaker's The bill as amended was ordered to be engrossed for a third mind having arisen somewhat suddenly, made a decision which reading; and being engrossed, it was accordingly read the third he intended should be a safe one, which was that 166 was a quorum, time, and passed. instead of 164, which the Speaker now believes to have been a MA.R.Y ANN TRA.CY. quorum. In that expression of his views, whiqh were presented The next bill reported from the Committee of the Whole was the to the House, and which will be found in the RECORD, the Speaker bill (H. R. 152) granting a pension to Mary Ann Tracy, with an stated that he agreed with the rulings which had previously been amendment. made by various Speakers and the ruling which was made in the The bill and amendment were I'ead. Senate after full deliberation, if the Chair recollects aright, under Mr. PICKLER. Mr. 8peaker, I demand the previous question. the lead of the late Reverdy Johnson, whose reputation as a law­ The SPEAKER. Without objection, the previous question will yer has always been very high. The Chair thinks the ruling be considered as ordered. should have been 164 instead of 166; but, as it was made to the There was no objection. disadvantage of the Speaker's side of the House, he thought it safe The amendment recommended by the Committee of the Whole tomake- was agreed to. Mr. RICHARDSON. My only object was to have a ruling. The bill as amended was ordered to be engrossed f01~ a third The SPEAKER (continuing). The Chair desires to make that reading; and being engrossed, it was accordingly read the third ruling. time, and passed. Mr. GROSVENOR. Mr. Speaker, if the question should ever JOHN DALTON. become an important one, I reserve the right to present some views The next bill reported from the Committee of the Whole was the in support of the ruling that the number of living members is the bill (H. R. 3221) granting a pension to John Dalton, with amend­ basis upon which a quorum must be cotmted, and I shall cite the ments. opinion of one of the leading supreme courts of the country where The bill and amendments were read. this identical question was heard and determined. The amendments recommended by the Committee of the Whole The SPEAKER. The Chair made the ruling towhich the gen­ were agreed to. tlemen from Tenne see [Mr. RICHARDSON] has called attention at The bill as amended was ordered to be engrossed for a third a time when there was considerable confusion. In making it the reading; and being engrossed, it was accordingly read the third Chair announced some doubt as to the proper ruling, and subse­ time, and passed. quently made a statement to the House of the opinion which he LYDIA. A.. TAFT. entertained after careful examination of the question. The question now is on the engrossment and third reading of The next bill reported from the Committee of the Whole wa,s the the bill. bill (H. R. 577) granting a pension to Lydia A. Taft, with amend­ The bill was ordered to be engrossed and read a third time; and ment. being engrossed, it was accordingly read the third time, and passed. The bill and amendment were read. The amendment recommended by the Committee of the Whole ELIZABETH DESHLER WHlTING. was agreed to. The next bill reported from the Committee of the Whole was the The bill as amended was ordered to be engrossed for a third bill (H. R. 1050) granting an increase of pension to Elizabeth reading; and being engrossed, it was accordingly read the third Deshler Whiting. time, and passed. The bill was read. 1896. CONGRESSIONAL RECORD-HOUSE. 3539

Mr. PICKLER. Mr. Speaker, I move that this bill be recom­ The amendments recommended by the Committee of" the Whole mitted to the Committee on Pensions, and upon that I demand the were agreed to. previous question. _ The bill as amended was ordered to be engrossed and read a Mr. DANIELS. Mr. Speaker, I desire to be heard upon that third time; and being engrossed, it was accordingly read the third question. . time, and passed. Mr. DINGLEY. I suggest to the gentleman from New York JANE WEBSTER. that it is better to let the bill be recommitted, according to the The next bill reported from the Committee of the Whole.was the recommendation of the Committee of the Whole. bill (H. R. 2621) to increase the pension of Jane Webster, widow The motion of Mr. PICKLER was agreed to, and the bill was re­ of Joel Webster. committed to the Committee on Pensions. Mr. PICKLER. I move to recommit this bill to the Committee ISAAC N, WILLIAMS. on Invalid Pensions, and on that motion I dema,nd the previous The next bill reported from the Committee of the Whole was the question. bill (H. R. 1104) granting a pension to Isaac N. Williams. The SPEAKER. Is there objection to the recommittal? The The bill, with the amendments reported from the Committee of Chair hears none, and it is so ordered. the Whole, was read. . WlLL.IAM F. GOOD. On motion of Mr. PICKLER, the previous question was ordered. The next bill reported from the Committee of the Whole was the The amendments were adopted, and the bill was ordered to be bill (H. R. 1634) to grant a pension to William F. Good, Company engrossed and read a third time; and being engrossed, it was L, Tenth Indiana Cavalry Volunteers. accordingly read the third time, and passed. The bill and amendment were read. JAMES P. HURLEY. The amendment was agreed to. The next bill reported from the Committee of the Whole was the The bill as amended was ordered to be engrossed for a third bill (H. R.3216) grantinganincreaseofpension toJamesP. Hurley. reading; and it was accordingly read the third time, and passed. The bill was read. JOSEPH A. COOPER. . On motion of Mr. PICKLER, the bill was ordered to be engrossed The next bill reported from the Committee of the Whole was the and read a third time; and being engrossed, it was accordingly bill (H. R. 2234) granting a pension to Joseph A. Cooper. read the third time, and passed. · The bill having been read, it was ordered to be engrossed for a HENRY . ANDREWS. third reading; and it was accordingly read the third time. The next bill reported fi·om the Committee of the Whole was the The SPEAKER having put the question on the passage of the bill (H. R. 2605) granting a pension to Henry V. Andrews, of Ful­ bill, it was declared passed. ton County, ill., a survivor of the Black Hawk war. Mr. ERDMAN. I think there ought to be a division on this The bill was read, with the amendments recommended by the vote. Committee of the Whole. The question being taken, there were-ayes 109, noes 1. On motion of Mr. PICKLER, the bill was ordered to be engrossed Mr. ERDMAN. I make the point of no quorum. There ought and read a third time; and being engrossed, it was accordingly to be a quorum to pass on this important measure. read the third time, and passed. The SPEAKER. The Chair has the impression that a quorum MRS. EUNICE IDA RHOADES. is present, but will count the House. The next bill reported from the Committee of the Whole was the After a count, the Speaker declared 184 members present. bill (H.R.3749) to increase the pension of Mrs. EuniceidaRhoades. There being a quorum, the bill wa.s accordingly passed. The bill was read. MOLLIE CRANDALL. On motion of Mr. PICKLER, the bill was ordered to be engrossed The next bill reported from the Committee of the Whole was the and read a third time; and being engrossed, it was accordingly bill (S. 507) to pension Mollie Crandall. read the third time, and passed. The bill was read. HELEN A. JACKMAN. Mr. PICKLER. I call for the previous question. The next bill reported from the Committee of the Whole was the Mr. TALBERT. I rise to a parliamentary inquiry. Is it in bill (H. R. 4968) granting a pension to Helen A. Jackman. order under the peculiar circumstances existing, while matters The bill was read. are being run through in such a heedless manner-- On motion of Mr. PICKLER, the bill was ordered to be engrossed The SPEAKER. The gentleman will confine himself to a par­ and read a third time; and being engrossed, it was accordingly liamentary inquiry. Mr. TALBERT. I will try to do so, if the Chair will allow me read the third time, and passed. to lay down the premises. MICHAEL H. J. CROUCH. The SPEAKER. The Chair will answer a parliamentary in­ The next bill reported from the Committee of the Whole was the quiry, but not a " premiss." bill (H. R. 5140) for the relief of Michael H. J. Crouch. Mr. TALBERT. The parliamentary inquiry is just this: Will The bill was read. it be in order to ask that the present bill or any one of these billa The amendments recommended by the Committee of the Whole be passedoveronaccountof its being an outrage to pass it? Now, were adopted. I ask permission to make a statement. Here iS a bill claiming to The bill as amended was ordered to be engrossed and read a pension-- third time; and being engrossed, it was a-ecordingly read the third The SPEAKER. One moment- time, and passed. Mr. TALBERT. Claiming to pension a person on account-­ MARY B. HOUK. The SPEAKER. The gentleman is not in order. The next bill reported from the Committee of the Whole was the rMr. TALBERT continued to speak while the Speaker rapped"for bill (H. R. 4606) to grant ·an increase of pension. to Mary B. Houk. oraer.] The bill was read. The SPEAKER. The gentleman will take his seat. He is not An amendment recommended by the Committee of the Whole in order. was agreed to. :Mr. TALBERT. I only want to ask- The bill as amended was ordered to be engrossed and read a third The SPEAKER. The gentleman must take his seat. time; and being engrossed, it was accordingly read the third time. The question being taken, the previous question was ordered; The SPEAKER. The question being on the passage of the and under the operation thereof the bill was ordered to a third bill- reading, read the third time, and passed. Mr. ERDMAN: I ask for a division. Mr. TALBERT. I rise to a parliamentary inquiry. I desire The House divided; and there were-ayes 115, noes none. to ask whether it would be in order to move to amend the title or Mr. ERDMAN. Mr. Speaker, I make the point of no quorum. caption of this bill? The SPEAKER (after a count). There are 183 gentlemen The SPEAKER. It would be in order to make such a motion. present-a quorum. On this question the ayes are 115, the noes Mr. TALBERT. I move, then, to amend the caption of the bill are none, and the bill is passed. so as to read, "A bill not to pension Mollie Crandall," if that is in ELIZA WILSON, o.rder. The next bill reported from the Committee of the Whole was the The SPEAKER. The gentleman moves to insert the word bill (H. R. 4265) granting a pension to Eliza Wilson. "not"? fLaughter.] The bill was read. Mr. TALBERT. I thought the Speaker decided it was in order On motion of Mr. PICKLER, the bill was ordered to be engrossed to move to amend the caption of the bill. and I'ead a third time; and being engrossed, it was accordingly The SPEAKER. The gentleman moves to insert the wo.rd read the third time, and passed. ''not"? Mr. TALBERT. Yes, sir; the word "not." MA.RI.A E. WILSON. The SPEAKER. The question is on the amendment offered by The next bill reported from the Committee of the Whole was the the gentleman from South Carolina. bill (H. R. 1181) for the relief of Maria E. Wilson. Mr. TALBERT. Can I be heard on that motion? The bill wa.s read. The SPEAKER. Not under the rules of the House. [LaughterJ 3540 CONGRESSIONAL RECORD-HOUSE. APRIL 3,

The question being taken on the amendment of Mr. TALBERT, Mr. TALBERT. I rose to make a motion to amend the bill. it was rejected. The SPEAKER. If the House desires to amend the bill it can MARY A. HALL. vote down the previous question, and it will then be open to The next bill reported from the Committee of the Whole was the amendments. bill (S. 344) granting a pension to Mary A. Hall. Mr. TALBERT. Well, crack away. [Laughter.] The bill was read. The previous question was ordered. Mr. PICKLER. I call for the previous question. Mr. TALBERT. Is it in order now to offer an amendment? The previous question was ordered; and under the operation The SPEAKER. It is not; the previous question has been thereof the bill was ordered to a third reading, read the third time, ordered. [Laughter.] and passed. :Mr. TALBERT. I understood the Speaker to say that I could WILLI.A3! HENRY JOHNSON. offer an amendment- The next bill reported from the Committee of the Whole was the The SPEAKER. The Chair said that if the previous question bill (H. R. 486) for the relief of William Henry Johnson was voted down it would be open to amendment. [Laughter.] The bill was read. The amendments recommended by the Committee of the Whole Mr. PICKLER. I call for the previous question. were agreed to. The previous question was ordered; and under the operation The question recurring on the third reading of the amended bill, and being taken, on adivisiqn (demanded by Mr. TALBERT) there thereof the bill was ordered to be engrossed and read a third time; were-ayes 104, noes 5. and it was accordingly read the third time, and passed. Mr. TALBERT. No quorum. MESSAGE FROM THE SENATE. :Mr. PICKLER. I make the point of order that that is merely A message from the Senate, by Mr. PLATT, one· of its clerks, a dilatory objection. announced that the Senate had passed without amendment bill The SPEAKER. The Chair will count nevertheless. and joint resolution of the following titles: One hundred and eighty-two members are present, a quorum, A bill (H. R. 5736) to authorize the Light-House Board to pro­ and the bill is ordered to a third reading. ceed with the construction of the light-house and fog signal on The bill was accordingly read the third time, the question re- North Manitou Island, Lake Michigan; and curring on its passage. Joint resolution (H. Res. 159) to authorize the Secretary of War :Mr. ERDMAN; I rise to a parliamentary inquiry. to prepare and submit estimates for the improvement of the har­ The SPEAKER. The gentleman will state it. bor at Portland, Me. Mr. E.RDMAN. Am I entitled to have a copy of the engrossed The message also announced that the Senate had passed bills of bill at this time before its passage? the following titles; in which the concurrence of the House was The SPEAKER. This being a Senate bill, it is already en­ requested: grossed. [Laughter.] A bill (S. 1585) to authorize and direct the Auditor for the Post­ The bill was passed. Office Department to credit the account of George H. Tice, post­ JON A THAN SCOTT. master at Perth Amboy, N.J., for postage stamps and money­ The next bill reported from the Committee of the Whole was the order funds stolen from his office; and bill (H. R. 4526) granting a pension to Jonathan Scott. · A bill (S. 1546) for the relief of Levi Stoltz. Mr. PICKLER. I demand the previous question on the bill. SENATE BILLS AND RESOLUTIONS. The previous question was ordered, under the operation of which Under clause 2 of Rule XXIV, the following Senate bills and the bill was ordered to be engrossed and read a third time; and it resolutions were taken from the Speaker's table· and referred by was accordingly read the third time. the Speaker as follows: Mr. ERDMAN. I would like to have a copy of this engrossed A bill (S. 1546) for the relief of Levi Stoltz-to the Committee bill if in order. This, I see, is a House bill. on Claims. The SPEAKER. The engrossed copy of the bill, the Chair will A bill (S. 1585) to authorize and direct the Auditor for the Post­ state, is not here. Office Department to credit the aecount of George H. Tice, post­ Mr. PICKLER. I ask that this bill be passed over without master at Perth Amboy, N.J., for postage stamps and money­ prejudice, and the next taken up. order funds stolen from his office-to the Committee on Claims. The SPEAKER. The bill will have to be laid aside if demand Concurrent resolution- is made for the engrossed copy. Resolved by the Senate (the House of Representatives concun'ing), That there The Clerk will report the next bill. be printed 5,000 copies of the report of a hearing before the Committee on Woman Suffrage, January 28, 189ti; 2,000 copies for the Senate and 3,000 copies SOPHIA J. HAMILTON. for the House of Representatives-- The next bill reported from the Committee of the Whole was the To the Committee on Printing. bill (H. R. 569) granting a pension to Sophia J. Hamilton, widow Concurrent resolution- of Charles S. Hamilton, major-general of volunteers. Resolved by the Senate (the House of Representatives cone1wring), That there The bill was ordered to be engrossed and read a third time; and be printed at the Government Printing Office, at the earliest day practicable, 5i000 additional copies, in separate form, with paper cover, of the paper enti­ it was accordingly read the third time, and passed. t ed "Economic geology of the Mercur mining district," being a part of the ELIZABETH MARSHALL. . Sixteenth Annual Report of the United States Geolo(J'ical Survey, with ac­ companying illustratiOns, of which 3,000 copies shall be for the use of the The next bill reported from the Committee of the Whole was the House, 1,500 copies for the use of the Senate, and 500 copies for distribution by bill (H. R. 1109) granting a pension to Elizabeth Marshall. the Geological Survey- · The bill was ordered to a third reading. To the Committee on Printing. Mr. PICKLER. I demand the previous question. M. R. WILLIAM GREBE. The previous question was ordered, under the operation of which The next bill reported from the Committee of the Whole was the the bill was ordered to be engrossed and read a third time; and it bill (H. R. 3139) for the relief of M. R. William Grebe, reported was accordingly read the third time, and pa-ssed. from the Committee of the Whole with amendments. RECONSIDERATION. Mr. PICKLER. I demand the previous question on the bill. Mr. PICKLER. Mr. Speaker, I move to reconsider the several The previous question was ordered. votes taken with reference to these pension bills, and move to lay The amendments 1·ecommended by the Committee of the Whole that motion on the table. were agreed to. · The latter motion was agreed to. The bill as amended was ordered to be engrossed and read a ELIZABETH DESHLER WHITING. third time; and it wa-s accordinglyread the third time, and passed. Mr. DANIELS. Mr. Speaker, the bill (H. R.1050) granting an DAN S. PLACE. increase of pension to Elizabeth Deshler Whiting, which was re­ The next bill reported from the Committee of the Whole was the ferred back to the Committee on Pensions, has been reported bill (H. R. 951) to amend the military record of DanS. Place, first favorably again to the House. There is no objection to the form of lieutenant Eighteenth Indiana Volunteers. the bill. The merits were not considered. I now ask leave of the The _bill was ordered to be engrossed and read a third ·time; House to restore the bill to its place upon the Calendar. It was and it was accordingly read the third time, and passed. Calendar No. 92, and I a-skthatitmaytakeits former place so that CHARL.ES E. JONES. it may be considered. The bill has already passed this House in The next bill reported from the Committee of the Whole was the a preceding Congress, but not in time to pass the Senate. There bill (S.249) granting a pension to Charles E. Jones, with amend­ seems to be no obje-ction to the merits of the bill, so that it will ments recommended by the Committee of the Whole. require a very short time to dispose of it. Mr. TALBERT. Mr. Speaker- The SPEAKER. ThegentlemanfromNewYork [Mr. DANIELS] Mr. PICKLER. I demand the previous question. asks that the bill H. R.1050, which by the action of the House was Mr. TALBERT. Mr.Speaker,Iwish toofferanamendmenthere. referred back to the Committee on Pensions, be allowed to take its The SPEAKER. It is the custom of the House, the Chair will place on the Calendar of the Whole House, to resume its formeJ." state, to allow the gentleman in charge of the bill to make such position. Is there objection? motion as he desires first. - There was no objection. 1896. CONGRESSIONAL RECORD-HOUSE. 3541

cUBA. your conferees agreed to the two Senate resolutions. We now ask their adoption by the House. Mr. IDTT. Mr. Speaker, I present a conference report from The second resolution differed from ours in that it proposed the the committee of conference on the disagreeing votes of the two tender of the good offices of this Government to secure the recog­ Houses touching the Cuban resolutions. I ask for tlie reading of nition of the independence of Cuba by Spain. It was said-I said the report, and of the resolutions recommended. it and others said it on this floor in the former debate-that the The Clerk read as follows: expression '' independence" seemed harsher than was necessary, The committee of conference on the disagreeing votes of the two Houses and we said so to the conferees; but it was urged, and it is true, on the amendmen t s of the House of Representatives to the concurrent r esolu­ tions of the Senate (concurrent resolution 19, part 5), having met, after full that while a proposition to any Government in ordinary time of and free conference have agreed to recommend and do recommend to their peace to recognize the independence of a part of its territory as independent would be offensive, the reason why it is offensive is re~~'ititheeH~=~ ~~~~~~~;~m its amendments to the Senate concun·ent resolution, and agree to the same. because it is on its face manifestly intended to offend. ROBERT R. HITT, A proposition by the British representative here that we should ROBER'.r ADAMS, JR., recognize New England or California as independent would be JAMES B. McCREARY, Managers on the part of the House of Representatives. offensive; manifestly it would be intended as an offense. There JOHN SHERMAN is no reason in the present state of our affairs, no excuse for such ,JOHN T. MORGAN, a suggestion. But when war between a parent government and H. C. LODGE, a dependency has gone on for some time and separation is the Managers on the part of the Senate. best solution of the war, it_has often occurred that the mediation, CONCURRENT RESOLUTION. the tender of good offices by another to the parent government to Resolved by the Senate (the House of Representatives concurring therein), induce the recognition of the dependency has been an easy way That, in the opinion of Congress, a condition of public war exists between the Government of Spain and the Government proclaimed and for some time to peaceful arrangement and has so been received as a truly maintained by force of arms by the paople of Cuba; and that the United friendly act. That has happened with us several times, and there States of America should maintain a strict neutrality between the contend­ was no objection taken in cases parallel to this, and can be none ing powers,· according to each all the rights of belligerents in the ports and terr1tory of the United States. in this case unless there be a captious disposition to seek a Resolved [u1·ther, That the friendly offices of the United Stp.tes should be quarrel. offered by the President to the Spanish Government for the recognition of When the Spanish Government, in the early part of this century, the independence of Cuba. was at war with its colonies on this continent, in South Amer­ Mr. HITT. Mr. Speaker, the two resolutions which have just ica, and Mexico, our Government took the very step proposed in been read, and to which the conferees OIJ. the part of the House, in this second resolution-tendered its good offices and friendly coun­ committee of conference, have agreed propose, first, that our Gov­ sels with Spain, urging upon Spain the recognition of the inde­ ernment should accord to the struggling people of Cuba belliger­ pendence of the colonies. That was done, bear in mind those of ent rights; and second, tender friendly offices to the Spanish you who think that we are going too fast in this, and that there Government for the recognition of Cuban independence. These is danger of our being called jingoes, by the most cautious and resolutions passed the Senate on the 28th of February by the over­ prudent of our Presidents, Mr. Madison. That is in the eal'ly whelming majority of 58 votes. The House of Representatives a history, and is a precedent of great authority, made by the man few days later, on the 2d of March, adopted by 245 majority, as a who more than any other may be called the father of the Consti­ substitute for them, declarations very similar in purport, includ­ tution; and the Secretary of State who carried it out was Mr. Mon­ ing one additional resolution, that we ought to be prepared to pro­ roe, whose name is synonymous throughout the world with the tect the interests of American citizens in Cuba by intervention wisest and noblest feature of the foreign policy of the Republic. if necessary. That I may not misstate it in the least, I will read the words by When they had gone back to the Senate that body asked of the which the President stated exactly what action he had taken House a conference upon the disagreeing votes. In that commit­ touching the Spanish colonies in revolt on this continent after the tee of conference, after we had discussed the three resolutions war had gone on for some time. which had been adopted by the House and the two adopted by the In Mr. Monroe's message, after he was elected President, N ovem­ Senate, it was agreed by the Senate conferees that the House res­ ber 14, 1820, he relates the negotiations to adjust the differences, olutions were in some respects preferable, and they yielded and and says: agreed to our resolutions. That the colonies, in their Congress of An~ostura, would accept of nothing They and many other Senators made an earnest effort to have short of independence as a basis of negotiations. them adopted by the Senate; but after weeks had passed away in And then states the action of our Government in these words, debate which appeared likely to be indefinite in length, the Sen­ ·which are almost the words of this resolution: ate, on the motion of the chairman of the Committee on Foreign To promote that result {independence) by friendly counsels with other Relations, who had urgently pressed those resolutions, noncon­ powers, including Spain herself, has been the uniform policy of this Govern­ cm·red and asked for another confeYence. We met them again, ment. and they assured the House conferees that while they were as There is the first, the great precedent, eighty years ago, for the earnestly of opinion as ever that the resolutions which the House very action to which your conferees have assented and which they had adopted ought to pass, yet they could give no assurance that recommend to you to-day. I will not follow through all the prec­ they would at any time pass the Senate, as there was manifestly edents, but I will come to one which is brought up so often in an organized obstruction, which, under the antiquated rules of this House in another light-that of General Grant, when the that body, where there is no means of stopping debate and bring­ Cubans were engaged in the ten years' war with Spain from 1868 ing on a vote, might continue indefinitely. They asked us to now to 1878. General Grant then made a proposition to Spain, that act in the same liberal spirit in which they had met us, to agree she should recognize the independence of Cuba. Those of you to the Senate resolutions, take them back to the House, and pass who care to read it at length will find the discussion in the in­ them. This would at once secure final and complete action and structions by Mr. Fish and the dispatches of Minister Sickles at defeat the dilat.ory debate. Madrid. It is the very case we have in hand. That was an insur­ Remembering the great majority by which the House had rection or rebellion in Cuba not half so extensive as the present, adopted our resolutions and considering the vote an instruction, and it was near the beginning. Then the good offices of the we who were conferees for the Honse for a long time insisted upon United States were offered to bring the war to a close on the basis the action of the House being adhered to. The first resolution, of Cuban independence, Spain to be paid an indemnity which the that which favors the recognition of the belligerency of those United States should guarantee. struggling in Cuba, is substantially the same as passed by the The ruler of Spain was General Prim, and he received that Senate and as passed by the House. The second, which relates to proposition in the same friendly spirit in which it was made. the "independence" of Cuba, as stated in the Senate resolution, There was no rupture of relations. I will not read all his answers, and to "a government by the free choice of the people of Cuba," which are contained in and discussed through several dispatches as stated more cautiously in the House resolutions, aimed at the of considerable length, but only to show its spirit I will give a same thing, the tender of good offices to secure that purpose. few words. They may conveniently be found by members in The third House resolution, which related to the protection of Senate Report 141, if anyone desires to read it. At the conclu­ American interests in Cuba, though wholly unobjectionable, sion of his remarks, assenting to the proposition of Mr. Sickles, he though in accordance with international law, the usageof nations, said: and the practice of our Government, so plainly so that the only I do not ftatter myself that Spain will retain possession of the island. t objection to it would seem to be that it was hardly necessary for consider that the period of colonial autonomy has virtuallr arrived. How­ ever the present contest may end, whether in the suppressiOn of the insur­ Congress to make such a suggestion to the Executive-this reso­ rection or in the better way of an amicable arrangement through t h e assist­ lution they asked us to drop. ance of the United States, 1t is equally clear to m e that the time has come for It would be in no worse position if it were dropped than if we Cuba to govern herself; and if we succeed in putting down the insurrection to-morrow I shall regard the subject in the same light, that the child has persisted, and all of the resolutions would fail because there was attained its majorith:nd should be allowed to direct its own affairs. We no limitation on debate there. All of them would be talked to ::J"t~~~~Ye~~er.n to get out of Cuba, but it must be done in a dignified death if they once got back to the Senate, though there were not a dozen votes that could be mustered against them. Accordingly That was in response to General Grant's proposition that the 3542 CONGRESSIONAL RECORD-HOUSE. APRIL 3, independence of Cuba should be recognized and that an indemnity our markets munitions of war and supplies of every kind, to pur­ should be made to Spain, which would be guaranteed by the chase them openly and take them out openly, just as the Spanish United States. General Prim, however, made a condition that the Government now does-not hiding and skulking in obscure and Cubans must first lay down their arms, and after that there might distant ports by night to escape seizure, dogged every hour by be a vote by the people of Cuba on the question of separation. spies and informers to give notice to our Government and have But the Cuban people would not consent to lay down their arms. them arrested. Then men could go openly to join them, if not in They knew those with whom they were dealing. They thought armed expeditions. They could negotiate loans and sell bonds they knew them too well to do that, and that stopped the nego­ just as the Spanish Government is doing now. tiations, together with the fact that the matter became public :Mr. SWANSON. May I ask the gentleman a question for in­ and created excitement in Spain. Subsequent events showed that formation? Does he mean to say that if this resolution, as we are the distrust of the Cubans was a wise olie. No offeme was taken going to vote upon it to-day, is passed it will enable the Cubans by General Prim at the friendly counsel of our Government that to do all that? the independence of Cuba should be recognized. Mr. HITT. I believe that it will, because I believe that the I mention this as showing why we can, with reason, come to the President of the United States is not so recreant to his duty as an suggestions of the Senators whom we met in conference, and adopt agent and servant of the people that he will disregard the vote of that resolution which passed the Senate by so. great a majority. the people of the United States as expressed through the House It is only advice that we give to another Government. It is not a of Representatives and Senate by vast majorities. [Applause.] matter of great importance. It is all in the future anyhow. It The House has already given a majority of 245 upon this question, is possible that Spain will not heed the advice; but whether she but it has been null because, the action of the two Houses not heeds it or not, we know how events are moving, that the car of being in accord, it has been in the air; but when these Senate reso­ destiny is bearing the cause of freedom to triumph, and the suc­ lutions have passed both Houses I have faith that we have a Presi­ cess and the independence of Cuba with or without the counsel of dent who will act as the elect of the people of the United States, the stranger or the consent of Spain will soon be achieved, accorded, the agent of the people of the United States, and not their "ruler." and established. [Loud applause.] But the matter now most Therefore I say that I believe that the passage of this resolution important is not giving advice, it is the proposition for immediate will secure the recognition of the belligerency of the Cubans. action. That is in the first resolution proposing that our Govern­ Mr. LIVINGSTON. Would it not be a safer and far more cer­ ment at once recognize the belligerency of those who in Cuba are tain com·se to ask unanimous consent to strike out the word" con­ struggling- for their liberty. . current" and insert the word "joint"? Mr. HENDERSON. If it will not interrupt the gentleman, I Mr. HITT. I think we can not make that change, as such a pro­ wish to make a suggestion. ceeding is not in order on a conference report. Indeed, I think it :Mr. HITT. Not at all. is unimportant, because I have a different opinion from the gen­ Mr. HENDERSON. Most of us, I think, understand the mean­ tleman concerning the President of the United States. I will not ing of the recognition of belligerency, but the country at large admit that he has yet taken up the conceit which has unfortu­ does not know just what is to be gained by the revolutionists from nately been expressed of late elsewhere that he is a ''ruler" and a a recognition of their right of belligerency, and if it will not break "strong man." He may be a strong man, but he is strong because into the line of the gentleman's thought, I wish he would explain he is our President and not our ruler. [Applause.] that. Mr. LIVINGSTON. I did not intend, Mr. Speaker, that the Mr. HITT. I will endeavor to answer the question as clearly &'entleman should understand me as questioning what the Presi­ and practically as I can. The gentleman has struck the essential a.ent will do. I only make the point that this proceeding would question-the one that transcends all the rest. That question of be far more certain to accomplish the results which the House recognizing Cuban belligerency is the one on which the American committee contemplate if we should substitute the word "joint" people have been fixing their attention most earnestly. This for the word " concurrent." House has been :flooded with petitions and memorials by thou­ Mr. HITT. I do not think so. It would then simply require sands from legislatures, chambers of commerce, societies, from the President to sign it or take action necessarily within ten days, chm·che , from associations of every kind, and from individual and would necessitate a different mode of voting here. We get citizens by tens of thousands. Your committee room has been at the essence of the matter in this way. Nobody will mistake choked with them. There is no other subject for years on which the purpose of the American Congress. there has been so vast and multitudinous an expression of the Mr. McMILLIN. If the gentleman will permit me, in response people's will as this que tion of recognizing the belligerency of to the gentleman from Georgia, it ia proper to state in ju tification the Cubans who are struggling forfreedom. They go to the very of the committee of conference that such an amendment as the heart of the question. The people know just what is most wanted gentleman suggests would have been entirely in order. The com­ and they ask us to do it. mittee of conference had to deal only with questions in dispute, Some individuals, generally tho e who call themselves business and with matters not in dispute they had nothing to do. men, brokers, and financial men, write us letters deprecating action Mr. HITT. I will say to the gentleman from Georgia that we of any kind, opposing any agitation or discussion on any foreign had no power ovet the form of the resolution; it came to us a question that may disturb the market. They are not in favor of concurrent resolution both from the House and from the Senate, the Spaniard; they are not in favor of the Cuban. They care and while we could have changed the matter of there olutions in nothing whatever for either side. They simply deprecate any action our conference ·with the Senators, none of us could change them which will affect the markets in which their hearts are bound up. from being concurrent. On the enacting clause the two Houses But the unmistakable voice of the people of the United States as were agreed, and we were to confer on their matters of disagree­ expressed in the enormous majority given in this House a month ment. ago-262 to 17-and in the Senate-64 to 6-is in favor of imme­ 1\tlr. SWANSON. As I understand, a concurrent resolution is diately recognizing the belligerency of the Cubans. simply the ex:pre sion of an opinion of Congres . It has no more Now, to answer the gentleman from Iowa, the effect of recog-. force than the action of a moot com·t. But a joint r e olution, if nizing the belligerency of the Cubans will be, first, to give them a signed by the President, would have the force and effect of law. flag and a statns. If a ship should enter New York Harbor this Did the committee when it made this propo ition imply a con­ afternoon belonging to the Cuban insurgents, :flying the Lone current re olntion determine the scope that a concurrent resolu­ Star :flag, she would be liable to be treat-ed as a pirate and all on tion would have? There is some difference of opinion as to that. board might be tt·eated as criminals, as violators of law, as ene­ Mr. HITT. 'rhe committee of conference hnd no authority to mies of mankind. With recognition, the belligerents will have a approach or touch that question. The difference between the two :flag with the same status as that of any other country, and aves­ Houses did not relate to any such matter of form; both proposi­ sel :flying that :flag can go into New York Harbor right alongside tions which went to the committee of conference were concurrent of a Spanish frigate. But as we stand now, if they should go in resolutions. Had one resolution been joint and the other concur­ there this afternoon, the Spanish minister would be at the State rent-had there been any such disagreement involved in regard Department immediately asking to have them seized and treated to the form of the resolution-the case would have been different. as pirate . We had the right to con ider changes affecting the language of Why, his predecessor made that very request, that high-handed the re3olutions themselves, but not affecting their form; the com­ and bloody request, of our Secretary of State eighty years ago, mittee of conference, as a matter of parliamentary necessity, was when a ship of one of the Spanish colonies, bearing its independent obliged to report them as concurrent resolutions. colors, entered our port, the mini ter claiming that they were I was trying to explain, in answer to my friend from Iowa [Mr. pirates and demanding that they be treated as such. Pronounce HE~ DERSONl, the force and practical effect of the action wh1ch I that magic word "belligerency," recognize those as belligerents have no doubt will be taken in the adoption of these resolutions-- who are trnly belligerents, who are carrying on war, and you at Mr. LIVINGSTON. Would not another result follow the rec­ once give them that advantage and that status among nations in ognition of belligerency-that the war between the two parties in our ports. The word'' belligerency" exactly defines and describes Cuba would have to be a humane war, that prisoners captured what they are doing. They are carrying on war. Recognize from the Ouban t·anks by Spanish troops would have to be treated them as belligerents and you enable them at once to do all that a pri oners of war? other nations are entitled to do-to carry a :flag, to purchase in Mr. HITT. That is argumentative. I am speaking of the 1896. O_ONGRESSIONAL .RECORD-HOUSE. 3543 immediate effect of our resolutions-of things completely within all that we can to the disadvantage of those with -whom every true our power-whic-h we can determine absolutely ourselves. \._, heart now -sympathizes?- · MT. NORTHWAY. I hope that the chairman of the committee that our ports should remain open to both parties as they were before the [1\fr. HITT] -will not be further interrupted while he is stating the commencement of the struggle; that olll' laws regulating commerce-with effect which a recognition of belligerency would have. We de­ foreign nations should not be changed to th~ir injury. In ;these principles sire to have his statement on that point in compact form for the the United States have acted. information of this House and the public. I hope gentlemen will I wish, Mr. Speaker, that I could -say to-day that on these _prin· defer their questions until the gentleman from Illinois is through ciples the United States have acted within the last year. withhis statement. Now, donot·say that this action of President Madison was lim· 1\Ir. IDTT. After we have recognized the belligerent rights of ited simply to letting the ships come into the ports of this country. the Cubans men can openly leave our shores to aid the Cubans. It was-to do more than that. It was a direct-practical recognition IT'he Cubans can go upon the stock boards in this city or anywhere of belligerency ·with all of its consequences. Afterwards Mr. else and publicly offer a loan-offer to negotiate their bonds, as Monroe, when he had become President, recited these events and our fathers did, dming the Revolution, in Amsterdam. They can their consequences, and -stated what had been the conduct of the negotiate loans either with other Governments or with private United States toward the participants in the; conflict. Mark these citizens. woTds; this was the way the great American acted eighty years I will give the House a definition of belligerent rights in words ago to men situated as the Cubans are now -situated: that will not be questioned. Mr. Canovas, the prime minister of They have enjoyed ·an equal ;right to purchase and -expo.l't arms, muni­ Spain, made public last summer a statementin-w.hich he discussed tions of war, and every other supply, the-exportation of all.articles whatever being permitted under laws which were passed long before the commence­ this very question. No one will accuse him of straining the defi­ ment of the contest. Our citizens have-traded ·equally with both, and their nition in favor of the Cubans. I will read his words. What I am commerce with each has_been alike protected by the Government. about to read is no ''fake." This is no unsubstantial or unauthen­ That is what we ought to do t.o-day. There is a·sentence a little ticated paper. It comes tons from the President, and is a part of farther on w.hich 1 commend to the attention of the House. I will House Document No. 224. Says Minister Canovas: not detain you by reading at length even the words of this great "From the moment of their recognition they can send out vessels upon the man, save to give an extract here and there: ocean under the flag of the lone star; raise funds in forei~n countries; ·move about with a freedom that otherwise they could nev:er enJoy; and they could As soon.as the movement assumed such a steady and consistent form as to even carry on privateering. make the_sucoess of the provinces probable the rights to which they were entitled by the law of .nations as equal parties to a civil war were extended "That does not state all that the recognition of belligerency to them. Each 1Jartywas permitted to enter our 'Ports with its public and would accomplish, but ·it states,the great and important advan- private -ships .and take from them every article which was the -subjectof t.ages that such an act would .give to the Cubans. The Spanish commerce with othe.r nations. Government to-day is doing all those things. It sends its agents And-then he recite.s again with emph-asis and ·fullness om con­ to Hartford to buy arms; they buy them also in "Philadelphia. ductioward both parties in the contest. Now, what is the.situa­ A: man can openly _go from this country to join the Spanish tion? Is notihe-successof the province of .Cuba probable? Hav.e forces. He -may, if he chooses, announce the fact in the news- not these -men there in arms shown that ·they can ,not be ·sub­ papers and have a reception before he starts, yet .go unmolested. dued? The Spanish minister made public an-address to the people The Spanish Government is, in fact, buying-supplies here. of the United States on the .22d day of February, in which he said Why, sir, the United States is at this hour a base of operations that-Spainhad-sent125,000troops. The -Spanish war publications of the Spani.sh Government in crushing the Cubans who are strug- show that there were 21,000 troops already in Cuba as a perma­ gling for their freedom. Un.der the pretense of neutrality we are, nent•army, holding the people said to be so loyal to the Spa.nish every time the Spanish minister gives intimation to the State ·De- Go-vernment before this great army went. partment, running to captme men who may be about to start to And yet, Mr. Speaker, in -spite of the coming of these men, Cuba or to seize supplies of arms intended for the Cubans, in any 125,000 in number-wi-th infantry, cavalry, and artillery, .and port, in any remote corner of the country anywhere. We have besi.desthat40shipsofwar-=tocrushtheCubans, theyhave·baffied not even confined om assistance to our own ports. In the. case them and defied them. Yes, and General W~yler, it is said, has of the Hawkins we pursued the Cubans out upon the high seas at ju.st -asked for 40,000 more-troops. More .than that: Beginning in ·the behest of Spain. Is that real neutrality? Is that fairness? the eastern provinces at Santiago, these revolutionists have swept Is it justice? AI·ewe not in spirit and in ·fact the efficient oppress- westward, steadily, resistlessly, fighting, avoiding, gaining all-the ors of the Cubans omselves? time,choosingtheirown ground of battle, commanded by leaders Much has been said about this_proposed action being a departure whose ·ability now has long been vindicated, ability which none from the custom of om fathers-from the comsepmsued by former will question, until province after province has fallen before them; Presidents. Why, sir, this is nothing new. That great man to and they have passed through 700 miles of vanquished Spanish whom I referred a few moments ago dealt with this question so territory and:Spanish. armies. To-day they hold three-iourths of practically ·that there is little more left to be said as to the duty the Island of Cuba. and the right of a nation to recognize belligerency in such a case. The ·Sp.ani.sh troops are practically-penned up in the cities. They In 1815, after Mr. Madison had· issued his proclamation touching have only detachments outside of towns. The country is Cuban the Spanish-AmeJ..icancolonies-theordinaryproclamationofneu- and ·the Cuban army .holds it. The Cuban capital, Cubitas, .is trality to forbid armed expeditions- the-Spanish minister, Cheva- more secme than Habana is to-day. It is not a war of similar lier De Onis, demanded that om President should send orders to dimensions to the -ten vears' war of .1868 and 1878. That never seize in our ports any ship that came from any of the rebel col- extended. far beyond th~ eastern pro"\dnce of -Santiago, and even onies. He denounced the men on any such vessel as pirates, ban- that it was impossible:for the power-of ·Spain to subdue. They dits, and briganas. held that monarchy at bay for ten years, although they had no you observe, gentlemen, that these phrases now so glib upon not an armed -force one-fourth as .great as that now under the Spanish tonguesand·in the mouths of friends of the Spani.shcause ~ commands of GenBrals Gomez and Maceo. ai'e not new at all? When a man is not an humble follower of They never were subdued at all. They were induced to treat, oppressive authority, he.is a "brigand." When.he is not on their and General Campos, who had not been-successful in subduing side, but fighting with such -resomces as God has given to him to them, made a compact with them-the peace of Zanjon. This was save the liberty that God gave him, then he is a wandering bandit. done upon the suggestion of the Government of the United States. That minister demanded that these ships should be seized and the By.that compact the Cubans were to have self-government, ra­ men treated as pirates. He demanded that our ports be closed to duced taxa;tion, taxation only with representation. They were to the revolutionists under the flags of Buenos Ayres, Carthagena, have-the expenditure of-those at home in large pa-rt. They and the Mexican Congress, and other places which have, he says, were ihem.selves to share in full proportion .in administering the "revolted against the authority of the King, my master." It is a government. · pleasme to read the dignified and noble. language in reply by a On that pledge, on-those promises, they laid down ·their arms. great patliot and statesman. Let me read the words; Mr. Mon- Every promise was violated. ·Every pledge in 1that compact, 'fol­ roe wrote them January 19,1816, as Mr. Madison directed: lowed by -submission, though ,kept :to the ear, was broken to the The President thought it proper some-time ~st to give orders to the col- hope; ·though kept inform_in many oases, was utterly disregarded lectors not to make the flag of any vessel a criterion or. condition of .its ad- in· fact, and they were subjected to oppression as harsh as-ever. mission into the ports of the United States. They were promised freedom of elections, representation in the A-nd again,-in reply to :that haughty demand of the ·spanish Spanish parliament, self-government in the provinces and in the minister, he said: cities, the control of the taxation laid upon themselves. There is a ·.All that your Government had a. right to claim of the United States-was paper which has been sent-to every member of the House, I under­ that they should not interfere in -the contest or promote hf any active serv- stand, and. I had a copy of it, pmporting·to be-signed by a number ice the success of the revolution, admitting that they contmued to overlook N y k Th d t t d t b C b the injuries received from Spain and remained at peace. This right ·was of Spaniards in ew or · ey o ·no pre en O e u ans, common to the colonists. With equal justice mighttheyclaim-that _we would but Spaniards, -who say-in this letter that they know about these not interfere to their disadvantage- affairs. They seem to have read up or learned in some way, or Who thinks ofthat now in this great contest, where-we ·are doing think they have, and they assert that Cuba is a free countr-y; th.d 3544 CONGRESSIONAL RECORD-HOUSE. .APRIL 3,· those people are entirely mistaken in thinking they are not free; that Cuba is as free as Canada, and Cubans have ample represen­ Colonel8~fo:!r~~~~a~e~

tively stable government. Let the people of Cuba, who are of a concurrent resolutions they would then be entirely nugatory except fiber and spirit that knows how to work, a people with heads that as an expression of opinion and of om· friendly feeling toward Cuba? know how to think-let them once become free and they will soon .Mr. HITT. I will not assume that such a thing is possible; know how to rule themselves and to organize a government which therefore I decline to answer the gentleman's question. [ Applause.l will be stable and prosperous and which will earn our heartiest 1\Ir. Speaker, the gentleman from Virginia [Mr. TUCKER] tooli: good wishes for its permanent success. the opposite side in the recent discussion on this subject, and I It is our duty to pass these resolutions. These people are imi­ trust the Chair will recognize him, if debate is desired, to control tating us. All the traditions of Americans, all our past, every­ the time on that side. thing in our own history, appeals to us to cheer and encourage The SPEAKER pro tempore. The Chair will recognize the t·ather than aid to trample upon these men in Cuba who are strug­ gentleman from Virginia. gling to become what we are. Why, Mr. Speaker, the very men Mr. TUCKER. I yield thirty minutes to the gentleman from who are now blackening the characters of the "bandits" will be, Maine (Mr. BOUTELLE]. or their grandchildren will be, among those who will show them­ 1\Ir. BOUTELLE. Mr. Speaker, I desire to take the floor in my selves most anxious to prove that they are descendants from some own right on this conference report. of Gomez's captain.s [laughter]; just as in the cities along the The SPEAKER pro tempore. The Chair, then, will recognize Atlantic coast one hundred and twenty years ago, at the time when the gentleman from Maine after the gentleman from Virginia or the barefooted soldiers of Washington were marching over the some other member of the committee has spoken. Jersey hills and plains, there were persons not overcharged with Mr. BOUTELLE. If any member of the committee desires to devotion to the cause of freedom, but whose descendants are most speak, I will postpone my remarks; but I wish to speak in my own active in their efforts to discover or to invent stories of pedigrees right on this conference report, under the rule. showing descent from those soldiers, orga~g ''Sons " and l\Ir. McCREARY of Kentucky. I suggest that as the gentle­ "Daughters" of the Revolution. [Laughter and applause.] man from Hlinois, the chairman of the committee [Mr. HITT], ha.s The SPEAKER pro tempore (Mr. DALZELL). The time of the made a speech in favor of adopting the conference report, it gentleman from illinois [Mr. HITT] had exP.ired. would be proper and right now to recognize some gentleman who Mr. McCREARY of Kentucky. I ask that the gentleman's time is opposed to the report. I would not like to waive my right as be extended to allow him to conclude his remarks. a member of the committee to speak later, if I should choose to do There was no objection. so, but I do not think it would be well to have now another speech Mr. HITT. I do not ca.re to prolong these remarks much fur­ on the same side, after the exhaustive argument of the gentleman ther. I will simply answer one suggestion which has been made. from Illinois in favor of the conference report. I suggest, there­ It has been frequently urged that we are under friendly obliga­ fore, that the debate go on and that some gentleman opposed to tions to Spain and that the action here proposed would be ungrate­ the report be now recognized, ful on our part, as everybody knows that Spain is most intensely Mr. BOUTELLE. If no member of the committee desires to be averse to om· taking this step. recognized now to oppose these resolutions, I will take the floor in Sir, not long ago the Spanish Government had an opportunity my own right. to show its friendship for us when we were embarrassed by the The SPEAKER pro tempore. The Chair feels disposed to recog­ war of the rebellion. The Spanish Government at that time ol'gan­ nize first gentlemen on the committee if they desire to take the ized a fleet, arranged a movement with two other Governments, floor; otherwise he will recognize the gentleman from Maine. made a naval demonstration in the West Indies, and seized upon .Mr. BOUTELLE. I understand, Mr. Speaker, that no gentle­ the Island of Santo Domingo. They held that island for a con­ man on the committee desires to take the floor now in opposition. siderable time while our country was engrossed in the war of the Mr. TUCKER. I do not know that any member 0f the com­ rebellion. Afterwards they were expelled by the people there. It mittee desires to take the floor at this time. was disclosed subsequently in a debate in the Spanish Cortes by · The SPEAKER pro tempore. Then the Chair will recognize the men who as ministers had conducted that business that they the gentleman from Maine in his own right. did it in order to "(\l:ive out theYankees "; that that whole move­ Mr. BOUTELLE. 1\lr. Speaker, there olution for which the ment was organized to prevent our getting the naval station of pending one has been substituted in conference committee was first Samana; that it was carried on in concert with Louis Napoleon, brought into this House on the 27th day of February; and at 5 who was organizing a mo1'ement on Mexico to overthrow a repub­ o'clock in the afte1-noon the House was requested to take up and lic there and set up an empire while we were engaged in a great dispose of that most important resolution from the Committee on duty that prevented our interfering with him. Foreign Affairs, which was presented to this body without any Such is the friend that the Spaniard was to us. We are under explanatory report, without any statement of facts upon which no obligations to favor Spain and oppression as against Cuba and the resolution was based, and without any information on which freedom. The truth is that in such matters as these there are no the members of the House could base their conclusion as to how friendships. Friendship is no sentiment, any more than would their votes should be recorded on that matter. be aversions and hates, on which to base a national policy or a In the exercise of my right as a member of this body, and as I national movement. The prime consideration in a question like believed in the exercise of my duty to my constituents and to the this is justice-fairness to all. Enlightened self-interest as to our country, I objected to that summary method of dealinO' with a. own people and all that concerns them should guide us in the dis­ matter of such grave importance as the resolution involved. I had charge of our duty. It is our duty now to say we believe that no idea in so doing that I was the only member of the House who these people, struggling as did our fathers, should be recognized objected to acting onasubjectofthatcharacter in such a manner, as men carrying on war, as belligerents. When this utterance without proper thought and proper care. The press of the coun­ has gone from the representatives of the people to the White try, however, have seen fit to give me a very wide distinction as House I have faith to believe that the Executive will heed the being responsible for resisting that summary procedure. I have voice of this nation, expressed by such vast majorities in House never complained of that distinction. I have no reason to com­ and Senate and by every sign that indicates the wish of the plain of it to-day. I have seen no reason to regret the action that American people. [Applause.] I then took; and if I needed any vindication of my action on that The cause of Spam is manifestly waning from week to week. occasion I certainly ought to be fully satisfied with that which The rainy season will soon come on, and then the stars in their appears of record hBre to-day, when more than a month after­ courses will fight for Cuban freedom. An end will come toWey­ wards this measure again comes up for discussion and considera­ ler boasts and savageries. Our action here will speedily be fol­ tion in this body. lowed by results great and practical, and the sufferings of those It is very obvious, Mr. Speaker, that some one somewhere in the unfortunate people, their tortures in prison pens and lonely United States besides myself has deemed this to be a matter of marshes and mountain retreats, will come to an end. They will moment, and believed that a subject of so ~ave a characte1· should see the sunrise-the morning of a new and blighter day-and we receive more deliberation than would cons1st in rushing it through shall all be glad to say that we hailed the coming of free,Cuba. the House while the members were putting on their overcoats to [Applause.] hurry off to their belated dinners. There is no need for us to try Mr. HULICK. Before the gentleman takes his seat, I should to deceive ourselves when we are here together. There is not like to suggest a question to him relative to the terms of the first a man within the sound of my voice who does not understand and third resolutions. how this resolution comes here and why it is here. We have 1\lr. HITT. The resolutions to which the gentleman refers are had in connection with this· question one of the most remark­ not those now before us. The resolutions before us are the Senate able illustrations that has ever come within my observation resolutions, which in the print of the document the gentleman of an attempt to put into practical operation the the01·y of how has in his hand appears as struck out. not to do it. We have passed a resolution in this House that Mr. HULICK. Then I have no question to ask. The question could accomplish nothing if adopted. That has been p1·oclaimed I had intended to ask had relation to the subject of strict neutral­ in the other end of the Capit-ol, and has been practically acJmowl­ ity and of intervention. edged by the representatives of this body to be the fact since the .Mr. HYDE. Allow me asinglequestion. Arewetounderstand resolution which was passed by the House of Representatives was that if the President should fail to take any action upon these abandoned by the conference and surrendered by its friends 1896. CONGRESSIONAL RECORD-HOUSE. 3547

because it was conceded not to be so desirable a resolution as the in the establishment of the independence of a Spanish colony lying one that had been prepared by the Senate. along our shore, we ought to do it manfully, boldly, and specific­ Mr. HITT. Not at all if the gentleman will permit me. I ally, and when my friend from Illinois [Mr. HITT] says that this said just the Teverse of that. If the gentleman will allow me, resolution will be effective; that he assumes that it must be effect­ I will state again the fact, because I am sure the gentleman is ive because the President of the United States will not disregard incapable of stating anything that he knows to be incorrect. the expression of the Congress of the United States, I want tore· Mr. BOUTELLE. I certainly do not desire to do so. mind him that the Congress of the United States had the power, Mr. HITT. Both the Senate and the House agreed atthe first had the opportunity, to have put these resolutions into such form conference that the House resolution was preferable as to form, as would have compelled the action of the President of the United and there was one resolution additional-- States, and that up to the present hour the record shows that Con­ Mr. BOUTELLE (interrnpting). If the gentleman will permit gress carefully avoided taking such action as wou1d require the me, I think I have reversed the order of proceedings with refer­ President to disapprove or put into force its recommendations. ence to the t·esolutions. Nothing has been more fully discussed than the different con­ Mr. HITT. I knew the gentleman from Maine would not mis­ structions and operations of a concurrent and a joint resolution. state the facts if he knew it. There is no joint resolution before this body. The concurrent . Mr. BOUTELLE. The condition of affairs to which I have resolution is one that does not affect the action of the Presi­ just referred was brought about, I will say, after mature delibera­ dent except by its moTa! force. And we have abundant in­ tion in the committee. In the first conference the Senate con­ formation-it comes to us in every way that it could come except ferees seemed to -concede, or did concede, that the House resolu­ by a special message from the Executive-that the executive tion was preferable to that of the Senate. department of this Gove1-nmerit does not believe that a state of Mr. HITT. That is conect. ~ belligerency such as will warrant our interference at this time Mr. BOUTELLE (continuing). And the House resolution was has been demonstrated to exist. reported from the Senate and brought before that body. It was Now, Mr. Speaker, a great deal has been said here about the debated in the Senate, and every man, woman, and child in the sentiment of the country, about what the people demand. Why, United States who followed public proceedings h~ become thor­ everyone who advocates a public measure always says that he is oughly satisfied that it was as .dead as Julius Cresar and never the retained counsel or attorney for the people at large. I under­ could pass that body. It was sent back to the conference, and take to say that the public sentiment of this country has not been when that conference met the House conferees conceded-parlia­ proclaimed by authority upon this floor by any gentleman who has mentarily, of course-that the Senate resolution, which was first spoken. I do not pretend to say that I can voice the entire public declared to be inferior to that of the House, was more desirable, sentiment of this country, but I do say that I voice what I regard and in that way this resolution has escaped the final entombment to be a most respectable portion of the public sentiment of the in the Senate, where it never could have been passed, by a reversal United States. I voice sentiments that I know are entertained by of the action of the representatives of this body, who now come thoughtful, patriotic men of all parties, of all conditions, of all here and reverse, in fact-for it makes no difference what ex­ relations in life, who deprecate this disposition which they appre­ planation is made of the matter, that is the parliamentary effect hend, on the· part of Congress, to be rushing off hither and yon of it-reverse the views entertained by the Committee on Foreign to embroil ourselves in all sorts of foreign complications, or even Affairs and the House, and t·ecommend the adoption of the Senate to threaten embroilment in foreign wars. I need not cite the ex­ resolution as better than the House resolution. pressions that have come to me. They have been numerous, they Mr. HITT. Will the gentleman permit me? have been entitled to consideration, and I say as my experience 1\ir. BOUTELLE. Certainly. that up to this hour I have not received one communication from Mr. HITT. I stated that the conferees of the Senate and the a person whom I know to be a thoughtfu1 or considerate person House were of the same opinion at the last conferencethatthey were of reliable judgment, in favor of embroiling ourselves in this con­ in the first instance, but that the Senate conferees told us. that al­ tention on the Island of Cuba. though there were not more than ten or a dozen men, at the out­ Gentlemen need not undertake to apply this opposition to what side, who were opposed to the Senate resolution, yet owing to the they call themoneyedclasses of the United States, as I have heard antiquated ru1es of the Senate (and there were only6 votes against upon this floor so often. The sentiment that I refer to comes the resolution) that a half dozen men could delay action until the from the quiet, sober, thinking people of the United States, and final adjournment of Cong1·ess, and therefore owing to these rules there is nothing novel about it. of the Senate, in the face of the statement of the chairman of the It has been customary for the sober second thought of our Committee on Foreign Relations that there was an overwhelming people to be conservative and wise and pacific. The methods majority in the Senate for the resolutions, for all of them, still that have been employed to stir up this so-called public sentiment that this course was necessary under the circumstances to secure are perfectly familiar. Everybody understands how much a cer­ any action. [Applause.] tain portion of the press of the United States depends upon sensa­ Mr. BOUTELLE. Now, Mr. Speaker, after this first report tionalism, and how it is catered to to-day. I have it in illustrated and explanation of the Committee on Foreign Affairs, I desire to form. I will not take up the time of the House to show the por­ say that I do not find myself at liberty to account for any action traiture, but will state the facts. A few days ago a gentleman or proposed action of this House by referring to the "antiquated came to me and unfolded a sheet of paper about the size of a news­ ru1es" or methods of procedure in the Senate of the United States; paper, upon which was depicted a most revolting scene of the and I will only say, in reply to what has been stated by my friend execution of a criminal by the use of the garrote. Every detail from Illinois [Mr. HITT], that my information as to the complex­ of the portraiture was calculated to harrow up the soul of the ion of the Senate on that matter is very different. I am informed observer. The taking of human life in any form is revolting to that a large number of Senators wou1d have voted against that humanity. This gentleman wanted to know from me-- resolution; and the best proof of that is in the fact that the chair­ Mr. SMITH of Michigan. :Mr. Speaker-- man of the Committee on Foreign Relations in that body-or per­ Mr. BOUTELLE. I hope the gentleman will not interr111pt me haps I ought not to go so much into detail as to say that-that the right at this point. Senate of the United States abandoned the effort to pass that reso­ Mr. SMITH of Michigan. If you will permit me later, I will not. lution of the House, went back into conference, and now we are Mr. BOUTELLE. Certainly. I thinkperhaps mystorywould herewith theSenateresolution before us. We have had thirty days be more complete if I shou1d tell it all at once than it would be in which to consideT it, and every day of consideration has weak­ if I projected it in sections. He said a ce1·tain prominent news­ ened the feeling in behalf of intermeddling with the foreign affairs paper of this country wanted my opinion as to whether that sort of other nations. No man who watches the pulsation of what is of transaction should be permitted in a civilized age. It repre­ called public sentiment can for a moment believe that there is sented an execution inside of the walls of Mol'l'o Castle. Well, I anything like the heat and impetuosity in the public mind to-day told him if he wanted my.opinion on the gen"Sral subject I would on this subject that there was thirty days ago. But whether. give it to him. I told him that that question brought up the there be or not, my contention remains, that on a question of this whole controversy as to the death penalty, and that my friend kind it is the duty of the Congress of the United States to obtain from New York, General CURTIS, could give him a whole volume requisite information, and to act deliberately and carefully upon on the subject of the barbarity of the execution of men at all. I absolute facts developed. I say that up to this time I have been told him that I had never heard from any man who had been exe­ unable to find, in any of the discussions, in any of the statements, cuted that he was particularly in love with the form of taking his in any of the information that has been brought to the public, life. any such demonstration of the actual existence of the fact of So far as the relative barbarity was concerned I could not give · belligerency as is required by the ru1es laid down and that have testimony as an expert. I had read, I remembered, years ago, been recognized from the days of George Washington to the pres­ when the garrote was invented, that its inventor claimed that it ent hour: was the most humane method of execution that eve1· had been Now, gentlemen may say that this is a light thing, because it is devised; that its special recommendation was in some sort of back­ not bindingupon our Government. We ought not to trifle with a action appliance based on the experience of matadors in the bull­ question of that kind. If we propose to interfere, asa Government, fighting arenas of Spain, that to sever the spinal column near the 3548 CONGRESSIONAL RECORD-HOUSE. APRIL 3, base of the brain was supposed to be the most painless method of something I did not say, and by that means he will waste my time producing death, and that the garrote was constructed on that and his. · theory. I did not know whether it was or not. I never had any Mr. SMITH of Michigan. What did you say? testimony that I could rely on, but I told him that when it came :M:r. BOUTELLE. I said I had received no communication of to determining whether we should recognize the belligerency of the kind. the Cuban insurrection by considering whether that was the most Mr. SMITH of Michigan. I will ask the gentleman if he has painless execution that :KJ.ight h~ve taken place, I thought it a very seen the resolution adopted by the Republican convention of Mas­ fallacious argument, because I remembered well that when in the sachusetts, which declares for the recognition of the belligerency great State of New York, where this paper was printed, the last in Cuba. JLoud applause.] · and highest reach of scientific ingenuity had devised what was Mr. BO TELLE. I will say to the gentleman that I have re­ claimed to be an absolutely painless method of execution by elec­ ceived no communication from that source. tricity, the reports through the papers of the first experiments Mr. HENDERSON. Read the hearts of the American people made under that law were more harrowing than anything I had and you will find that expression. fGreat applause.] ever read; and, so far as I could judge, it was regarded as a ­ Mr. BOUTELLE. Very good. :aere is one more gentleman barous punishment, although intended to be humane. who represents the American people. At th'is point I was interrupted by the statement that he did not A MEMBER: And he is right. want that for the paper. ''Well," I said, ''what do you want? " Mr. HENDERSON. . I am with them; I can tell yon that. He answered that they wanted my opinion about the barbarity [Loud applause.] of the Spaniards in Cuba. They did not want it respecting the Mr. GILLETT of Massachusetts. Will the gentleman permit methods of execution in New York or in this country. I replied, me a moment? "Very good; then do not print anything I have said." He finally Mr. BOUTELLE. I yield to the gentleman f:rom Massachusetts. concluded that perhaps that position was untenable, and said he Mr. GILLETT of Massachusetts. I wish to correct the state­ would print what I had to say. I then said to him that the ment just made by the gentleman from Michigan,' in saying that old method that had been in vogue for generations, of putting men the platform adopted by the Republican convention in Massa­ to death by a rope halter, had prodneed scenes of barbarity in this chusetts demanded the recognition of Cuba. No doubt he did country that made humanity shudder, such as could not be ex­ that unintentionally; but it·made no such statement. ceeded, that could not be described; therefore I did not see that Mr. SMITH of Michigan. Will the gentleman quote from the the depicting of an execution was a legitimate method of con­ language? victing a eause. Still, when the time came around, the picture Mr. GILLETT of Massachusetts. I do not carry it in mind. I of Spanish barbarity appeared in all its horrors. I presume gen­ only know that they did not recommend the recognition of bellig­ tlemen here have all seen it. With it were several gentlemen's erency in Cuba-. opinions of the horrible character of this scene. These interviews Mr. T.A. WNEY. The gentleman doubtless referred to the plat­ accompanied it; but none of my remru: appeared. It wa-s not in form of the Republicans of Minnesota. [Applause.] the line of "firing up" sentiment on the Cuban question to print 1\fr. BOUTELLE. Well, Mr. Speaker, if I can keep Presidential anything but an expression of horror at something the Spaniards politics out of this debate until I can get through with my speech, had done somewhere. I should be very much pleased. Now, Mr. Speaker, that only illustrates the method that is em­ Mr. HENDERSON. Who has injected them, Ml·. BOUTELLE? ployed to stir up sensational feeling in this country on one side of Mr. BOUTELLE. I have not. a controversy about a contest that has been carried on in a foreign Mr. HENDERSON. I have not. country. Mr. SMITH of Michigan. And I have not. Mr. STEWART of New Jersey. Does the gentleman from Mr. HENDERSON. The man who makes that insinuation is Maine mean to say to this House that the feeling of the sober and saying something very far from the truth. intelligent people of this country is not in sympathy with the Mr. BOUTELLE. I did not get up in favor of a Presidential Cubans? candidate. It has got to be very nearly a political debate. Mr. BOUTELLE. I mean to say that I will not admit that it Mr. SMITH of Michigan, They come very near being the ex­ is the judgment of the sober and intelligent American people pression of public opinion, too. [Laughter.] until I get through trying to state my position to this House. Mr. BOUTELLE. Very good; I will take care of that. [Laughter.] Mr. SMITH of Michigan. You will in Massachusetts, but we Mr. STEWART of New Jersey endeavored to address another will in Michigan. question to Mr. BOUTELLE. Mr. BOUTELLE. No; I will not in Massachusetts. Massa­ Mr. BOUTELLE. I can not yield to the gentleman. chusetts will take care of herself, and she will be taken care of on this floor by the men who have been elected to represent her RIVER AND HARBOR APPROPRIATION BILL. here. Mr. HOOKER. Will the gentleman from Maine yield to me Mr. SMITH of Michigan. Not by the gentleman from Maine. while I submit a privileged report? Mr. BOUTELLE. No, sir; the gentleman from Maine has no Mr. BOUTELLE. Yes, sir. desire to represent Massachusetts; nor to represent Michigan, Mr. HOOKER. I am directed by the Committee on Rivers and either. fLaughter.] · Harbors to report the bill (H. R. 7940) making appropriations for Mr. SMITH of Michigan. And Michigan has no desire to be construction, repair, and preservation of certain public works and represented by the gentleman from Maine. fLaughter.] rivers and harbors, and ask that it be printed and referred to Mr. BOUTELLE. Very well; if the gentleman will remove the Committee of the Whole House on the state of the Union. Michigan from this arena until I get through with my speech, I Mr. RICHARDSON. Mr. Speaker, I desire reserve all points shall feel obliged to him. to Mr. SMITH of Michigan. That is something that you can not do. of order against this bill. Mr. ADAMS. Will the gentleman yield for a question? The SPEAKER pro tempore (Mr. DALZELL). All points of Mr. BOUTELLE. No, sir; and when I say that, I intend, as order will be reserved. my friend very well understands, no discourtesy to him. Mr. HOOKER. I ask that the report may be submitted for Mr. ADAMS. I understand that; but I was just going to ask printing to-morrow. who is to be the next President of Cuba? [Laughter.] The SPEAKER pro tempore. Without objection, that leave Mr. BOUTELLE. It does seem to me, 1\{r. Speaker, that if a will be granted. man stands here alone, as so many gentlemen are very anxious to There was no objection. have it appear that I do, he ought at least to have an opportunity Mr. GROSVENOR. Mr. Speaker, I desire to reserve the point to express his views, and I want to say to you gentlemen that I of order on the first paragraph of the fourth page. I desire to propose to exercise the right to make my own speech. have it decided in the House, and I make the point now, so that Mr. SULZER. We a.re glad you stand alone. I can have it here when the bill comes up in the House. Mr. BOUTELLE. ThegentlemanfromNewYork [Mr. SuLZER] The SPEAKER pro tempore. The point of order will be re- would evidently have been glad to have stood somewhere else a served. · few days ago, when he stirred up the wrong man here. CUBA. Mr. SULZER. In this ca-se you are the" solitary horseman" The SPEAKER pro tempore. The gentleman from Maine. that G. P.R. James used to tell about. [Laughter.] Mr. SMITH of 1\fichigan. Will the gentleman yield to a ques­ Mr. BOUTELLE. Now, Mr. Speaker, I desire to resume my tion now? discussion of these resolutions, which are intended to express a Mr.BOUTELLE. What is it? quasi recognition of a state of war in the Island of Cuba, and I Mr. SMITH of Michigan. Mr. Speaker, I want to ask a ques­ repeat with emphasis that if gentlemen in discussing this question, tion of the gentleman from Maine. It is very brief. He said a which is one of international and not of Presidential politics, will moment ago that he had not heard a single expression in favor of be kind enough to keep the Presidential question out of this debate, recognition-·- I shall not bring it in. I called attention a few moments ago to Mr. BOUTELLE. Well, now, Mr. Speaker, from the way the some of the methods of inflaming public sentiment that have been gentleman is proceeding he is going to predicate a question on resorted to in this Cuban matter, and I denounced those methods. 1896. CONGRESSIONAL RECORD-HOUSE. 3549

I do not believe that the opinion of any citizen of the United States, ity of what we call the Government of the United States-the or of any Representative of the American people, or of any Senator House, the Senate, and the Executive-to successfully r1m this of the United States, ought to be influenced by the depicting of Government of ours. There is quite a respectable number of peo­ scenes of alleged horror, about which we have no evidence, con­ ple entertaining that opinion. Yet here we are, every man look­ cerning which we do not know the facts. You can not indict ing in to every other man's face and acknowledging-no man Spain, you can not indict the Cubans, upon a lithographic repre­ denies it to-day-that as we are now situated, with our three coor­ sentation of the taking of human life under circumstances that dinate branches, we can not enact legislation to give this country are unknown to you. money enough to pay for its daily bread. That is true, is it not? If you could, the people of this country might stand indicted If it is not true, let us have some enactment to fusnish revenue for to-day for scenes of horror in the taking of human life which, so the Government of the United States. [Applause.] We are here far as my observation has gone, are unparalleled either in Spain to-day acknowledging in private and in public that this great Gov­ or in the history of the civilized world. It ill becomes us to stand ernment about which we swell and strut and orate so magnilo­ here and denounce a peonle as barbarians because life is taken quently is not able to enact a law that will enable this country to among them by means recognized as lawful in that country, when obtain revenue or to borrow money with which to pay its debts. only a few months ago the press of our own country was teeming Yet we are absolutely aching to waltz out into the international with descriptions of the most horrible orgy in the sacrifice of arena.and "lick" all the other nations of the world. [Laughter human life ever reported in print. While the memory still exists and applause.] I am glad to be complimented by bemg desig­ among us of a human being bound to a gridiron of railroad bars, nated, however conspicuously, as one man who does not believe in burning and writhing in a public square, amid the applauding that sort of nonsense. shouts of a portion of the populace, when the very paper which has Mr. MAHON. Will the gentleman allow me to sak him a given us this representation of barbarity in Cuba itself recorded the question? fact that water was put on the despairing victim from time to time Mr. BOUTELLE. I wish you would not. to alleviate his sufferings for the moment only in order that they Mr. MAHON. It is a short one. might become more agonizing by the relighting of the flames­ Mr. BOUTELLE. I am just getting under way-- while the memoryof that transaction is still fresh in our minds it Mr. MAHON. If Spain should declare war against this Gov­ ill becomes us to go into paroxysms of horror over an instance of ernment the gentleman will find that we shall have men and money the execution of some man, I know not whether justly or other­ and power to take care of her. wise, and to point to that execution as showing such a barbarous Mr. BOUTELLE. That is the gentleman's argument, and I condition of things that the United States must rise in its wrath will let it stand right in the midst of mine. So much weight as it and cross the Gulf and take possession of the island where the carries in answering my statement I hope it will have. transaction occurred. Mr. Speaker, a few weeks ago the country was startled by an Mr. GROSVENOR. Will the gentleman permit me to ask him experiment of our executive department in this line. Yon a question? remember, I remember-! was here; I was bnely here then; I Mr. BOUTELLE. I will, if the gentleman feels that he must am not so lonely now-the President of the United States, return­ do it. rLaughter.] . ing from a sojourn in the swamps of North Carolina, where his Mr. G"ROSVENOR. Is there not a wide difference between bar­ prowess in the demolition of waterfowl had been so great as to barity perpetrated by national authority, under the law, and cause him a sudden fit of belligerency [laughter], rose up in his barbarity perpetrated by an incensed mob? wrath and sent out a message that rang with all the emphasis of a Mr. BOUTELLE. I will answer the gentleman from Ohio by slogan of war to Great Britain. Oh, itwasaringerl [Laughter.] saying that if human life is to be taken, I am always in favor of Inside of twenty minutes after that message came here I was its being taken by legal process rather than by a mob. [ Ap­ "held up" by more than forty newspaper men, who wanted me plause.] I will say to the gentleman further-and I know he does to give my judgment upon this "magnificent manifestation of not misunderstand my po~ition on this question, for he knows Americanism by our great President." "Why,". they said, "he perfectly well what I am endeavoring to demonstrate, and in his has called Great Britain down; he has told John Bull that he can heart he believes in it-that it will not do to indict a people or a go no farther; he has given the British lion's tail the most terrific government merely because somebody has been hanged by it under twist in the history of diplomacy." certain circumstances, or because some one has been garroted Mr. MAHON. And England has not gone any farther, either. under the forms of law, and I want to say further that my sym­ Mr. BOUTELLE. Now, if the gentleman wants to make my pathy is always with the people who, if they have to take human speech, I will give him the floor. But I am just at this moment life, take it under the forms of law and by legal methods, rather getting warmed up, and I am inclined to the opinion that I can than with those who do it by violence and outrage, or who per­ make a better speech from my point of view than he can. If he mit or condone such things. will let me do it I shall be glad. I am not in favor of either. I do notwantto see human life taken That magnificent declaration represented the Chief Magistrate anywhere. Nobody in this House mistakes my attitude in using with the full epaulets of Commander-in-Chief, with a plume this illustration. I protest against that method of inflaming pub­ taller than the one worn by the bandmaster at West Point, with lic sentiment. It is no more just to Spain (whatever may be a sword 10 feet long and spurs 4 feet broad, standing on the shore the merits of this controversy) to parade an execution inside of the Atlantic and shouting across the water, "Feel fil fol fum! Morro Castle by presenting nothing but the bare, naked horror of I smell the blood of an Englishman." [Laughter and applause.] the infliction of death than it would be to indict the United States Mr. Speaker, that was on Tuesday afternoon. It was just before or the great State ofNew York upon an engraving or a lithograph the Christmas holidays; and just four days after that (in the in­ showing the miserable victim writhing in the "electrocuting" tel·val of which time John Bull, I am bound to say, had exhibited chair, with the smoke of his death fire assailing and offending the a degree of candor, coolness, and civility that we might well have nostrils of humanity. That is what I am trying to enforce; and I imitated, during which time the only effect on international -af­ undertake to say that two-thirds at least of what has been brought fairs the world over was the tumbling home of American securi­ to bear upon public sentiment in this country in regard to this ties at a rate that created a panic in and came near Cuban question has been through methods like that. submerging the country), four days after that, as Congress was Now, Mr. Speaker, suppose all this horror is true; suppose that packing its grip, with a keen appetite for the Christmas turkey, barbarities are being carried on in Cuba. Without the interpo­ and when about wending its way to the delights and recreations sition of a link of logic gentlemen jump instantly from the asser­ of home, our great American champion, with his plume broken tion or declaration that wrong exists somewhere to the conclusion in the middle, his sword dangling between his legs, one epaulet that it is the duty of the United States of America to rise up in lost, and his spurs ta-ngled in his pantaloons, came huniedly rush­ arms and right the wrong. I deny it. I deny it on the authority ing to the Capitol with the plaintive appeal: "For God's sake don't of the fathers of the Republic. I deny it in the name of the public go home; we haven't money enough to run the Government until policy of the United States that has been indorsed by evecy great after Christmas!" [Applause and laughter.] statesman whose name is embalmed in our history. We can not There are men in this House who thought that a marked dem­ right all the wrongs in the world if we try; and if we make the onstration of a "strong and vigorous" foreign policy. [Applause attempt we abandon the mission which"is given to us of working out and laughter.] There are men here now who think to-day that the destinies of a free people whose example of self-government, it was a creditable episode in the career of the United States, and of self-control, of the creation of liberty and prosperity within how do they seek to prove it? Why, I heard a man within a few their cwn domain, will do more for liberty in every ]and than all hours past claiming·to me that that was "splendidly successful." the foreign embroilments we could enter upon in generation after Why? Because Great Britain, showing more sense than we did, generation. [Applause.] had declined to be driven by that course, by that undignified and It is not our duty to be the Don Quixote of the earth; arnd if it unprecedented message, intoprecipitating a war with us, for they were, we are not capable of performing the function. Why, sir, had sense enough to know that if we did succeed in getting into there are people in this country to-day-not my enthusiastic a war it would have the effect of arresting the march of progress friends a1·ound me here, but there are old-fashioned people in the by a hundred years, and would inflict untold misery and misfor­ country to-day-who really enterta~ serious doubts as to the abil- tune on the two great English-speaking people of the world, who 3550 CONGRESSIONAL RECORD-HOUSE. APRIL 3, I ought to stand side by side in the onward march of Christianity was signed by a man named Pierras. He spoke of the horror of and civilization. [Prolonged applause.] the outrages upon Cubans, presenting them in the most lurid light. Mr. Speaker, I do not want to repeat that experience. I say to It turns out that this same man wa.s once connected with the Pan­ my fellow-Representatives here, when they talk of what "public American Congress here, from some other portion of the civilized sentiment" is, and what the clamor out of doors is, I want to ask, globe; that he made himself very obnoxious; that he was finally what is their duty here? Why do you not try toelevatepublicsenti­ sent away by ~Ir. Secretary Blaine or discontinued in his position, ment? Why do you not perform your duty, and endeavor to lead and that he then attacked the American people in a most scurrilous public sentiment in this country? Why should the representatives article. The RECORD which I had here, which some friend of the of the people on the floor of the House of Representatives be blown insurgents has undoubtedly abstracted [laughter] , and very wisely, hither and yon like waste paper in the street corners on a windy too, contained a debate in the Senate to a portion of which I de­ dayt The people, my associates. are looking to us. They think we sired to refer. When that man was spoken of as sponsor forcer­ ought to know more about these things than they. I think we tain statements derogatory to the American people, just after the ought to know more about them; and I think we ought to know adjournment of the Pan-American Conference, Senator HAWLEY a great deal more of the Spanish-Cuban controversy than we do arose and denounced him as a liar and a blackguard. General now before taking the action that is suggested here and which HAWLEY is not a man who often resorts to that sort of explosive might plunge us into the complications of a foreign war. remark. He repeated it two or three times. Ah, my good friend Somebody says, "Oh, Spain don't amount to very much any­ from New York rMr. RAY] has rescued the volume to which I how. We can lick her easy." How many lives do yon want to desire to refer. This article was read, when Mr. HAWLEY axose sacrifice to do it? Somebody said that the adoption of this reso­ and said: lution will not bring on a war. But why run the risk? It has I wish to inquire, "in the first place, whether the Senator knows who ·wrote been suggested, doubtless because of my opposition to this reso­ that; and, in the next placeiwhether it is quite fair and dec. orous and civil to lution and the policy it inaugurates, that the opposition was not foreigners and to respectab e gentlemen in America to read us that mass of that of a very brave man. I make no boast of bravery, and I did irrespoiiSll>le blackguardism. not hesitate to say that war is horrible. William Tecumseh Sher­ Then Mr. VEST said: man said, '' War is hell," and he knew a great deal more about war Whoever he is, he is the secretary of a society in the city of Buenos Ayres, than I do. We should not permit ourselves-we can not afford to ~e:f~~~~~~e!:. delegation from the Argentine Republic to the Pan- be rushed by popular clamor into what is unjustifiable and what is Mr. HAWLEY. I regret, Mr. Presideut,~hat I must leave town, but I wish against the best interests of our country. Stop and reflect what to leave my parting remark that he is a liar and a blackguard. it is that yon propose to do. A few days later Senator FRYE, of 1\Iaine, referred to the very Mr. Speaker, I think I have just as much sympathy, so far as same person in the following remarks: my capabmty goes-for we are all different in our make-up-! Mr. FRYE. The Senator from Missouri [Mr. VEST}, in a speech made in the think I have as much sympathy for people striving for freedom as Senate a few days ago, I am very sorry to say, caused to be read a letter in as any other living man. I think I love liberty just as well, and my judgment a very infamous letter, m which the writer attacked grosSly think I sympathize as much with the necessities of other people and the character and qnalliications of the American delegates to this Pan-Ameri­ can Congress, and m the course of his speech the Senator said that this per­ their misfortunes, as well as their efforts to gain freedom. But, son was connected with the Argentine Republic delegation, an.d, as 1 under­ Mr. Speaker, at the same time, we present a most remarkable spec­ stood him, was a resident of that country. tacle here, when in our own country, even in the Republican party, Now, as a matter of fact, Mr. President, this man was a Cuban, never had been in the Argentine Republic in his life, had been a resident of New York there has come to be apparently either a tacit consent or an admis­ City for fifteen years, engaged in merchandising. He could talk the Spanish sion that we, with our Constitution, with our laws, and with our and English languages equally well, and either by his own exertion, or in some forms of government, are unable to maintain the independence other way, he became an inVIted guest with the members of this congress in their tour of the United States. He made himself of some use on account of and the liberty of our own citizens. his knowledge of the two languages. He made the members and delegates It is declared on this floor in every election case. We have that acquainted with each other, and when he came back to Washington he \vas great race of people-I do not know of how many souls it consists, eleded as one of the secretaries of this conference. '!'he American delegates eight or ten millions of colored people, I believe-concerning whom voted for him for that position. These very ~rentlemen whom he abuses so outrageously in that letter un­ it was said on yesterday by my distinguished friend from Iowa doubtedly gave him this position of secret.a.ry. He had not been secretary a [Mr. HEPBURN] and by other gentlemen in the course of the dis­ week before he began to make trouble. He assumed that he was bearing the full responsibility and the entire dignity of the international conference. cussion that over a vast expanse of our own country there are He insisted upon constant personal interviews with the Secretary of State. these millions of people who are still denied some of the most He carried that to such an extent that the Secretary was compelled, in de­ sacred rights guaranteed to the people of this country in the Dec­ fense of himself and his office and his business and his duties, to refuse personal interviews to this man. Thereupon there was a. revolt and trouble, and he laration of Independence. With this condition confronting us, it tendered his r esignation. is strange, indeed, for us to insist that the first duty resting on He next insisted that his pay was too small. His pay was $:m a month; as us is to dash across the Gulf of Mexico and establish and maintain much, I think, as the pay of any head of a bureau in the city of Washington the independence and freedom of the insurgents in the Island of i.8 it not? I ask the Senator from Missouri ~lr . CocKRELLJ. It is larger, at :my rate, than that of any clerk in the city of Washington and a very Uberal Cuba. I can not so understand it. I do not belieye it to be our sal3.ry for the duties he performed. They refused to increase his J?ay, and duty. thereupon he tendered his resignation, and, T. think, five times the reSignation Now, Mr. Speaker, how do we get the information that we have of this man was tendered to that conference, and at least four weeks were wasted over the quarrels and controversies and perplexities induced by this upon the subject? I desire to be clearly understood. I desire in man. every possible way to avoid anything that might be construed Finally he offered his resignation once too often, a.nd it was promptly ac­ into a criticism of either the action or the great ability of the cepted, and immediately he was in arms against the delegates representing the United States, and wrote this letter as a kind of circular to be distributed distinguished chairman of the Committee on Foreign Affairs. all over the Latin-American countries, abusing :md traducing the American But I recognize that ihe pressure or the clamor, the persistence of delegates in order to send broadcast over those countries the idea that the what is called "public sentiment," sometimes sweeps a committee United State had selected fourth-rate men to m eet the gentlemen from those Republics, and that that indicated the estimate which the United States off its feet~ and even Congress itself is at times swept from its wa.s placmg upon the gentlemen who had been sent here as delegates from moorings. But permit me to call your attention to the fact that those ReTJUblics. in this great matter we have had no facts officially stated to us I simpfy desired to make this statement so that it might be understood why that would warrant the action proposed in running counter to this attack was made upon the Unit-ed States and upon its delegates. the best judgment of our conservative people, while I am at liberty Now, I will not emulate the example of some people in this de­ to say, from what already appears as exhibited in the action or the bate by saying that that discredits the Cuban cause, that every nonaction of the Administration, that the President and his ad­ Cuban revolutionist is a ''liar and a blackguard." I have no such visers have not receiyed information, officially, that they deem idea; but I say that is one man whose testimony is being adduced such would justify thein in granting belligerent rights. to govern the opinions of American citizens and Representatives I am bound to believe that the Chief Magistrate of this country, in regard to that matter. with such information in his possession officially, would not delay Now, in regard to the actual status of the conflict, I make no an hour, and the fact that recognition has not been extended is confession when I say I do not know what the facts are; and I am evidence that there is no such information, and none such has been as much in that position to-day as I was when this matter was first sent to Congress. We have statements, we have eloquent appeals, brought up. I read articles in the newspapers. They are colored some of them from questionable sources. My attention was called on the one side and on the other. I undel'stood my distinguished the other day to an article in a New York paper in behalf of Cuba. friend, the chairman of the Committee on Foreign Affairs [Mr. Some gentleman has kindly disturbed my papers to which I wished IliTT], to say that he has no knowiedge of any Cubans being to refer. I am under great obligations to him. You see this deter­ engaged in fighting against. the rebellion. mination to interfere with other people's business is individual as Mr. IDTT. I said I had no personal knowledge on the subject. well as collective. [Laughter.] It has taken possession of this Mr. BOUTELLE. The gentleman said he had no personal knowl­ body not only collectively but individually. edge. Mr. Speaker, neither have I; but I have the distinct aver­ Well, my memory is pretty good, although it is a little more ment, tha.t comes from different sources, one of them the paper to forceful to read the exact language. As I say, there was an article which the gentleman referred, and which has been sent I presume, in a New York paper the other day, a very eloquent article, in to other members, a respectful document, purporting to be signed behalf of the Cuban cause and denouncing Spanish outrages. It by gentlemen of Spanish blood inNew York. I do not know who 1896. CONGRESSIONAL RECORD-HOUSE. 3551

they are. I do not know how truthful their statements may be, Mr. MILLIKEN. I hope my friend's time will be extended, but I insert the letter in the RECORD. It is as follows: but I should like to ask him a question right where he is now. NEW YORK, March !23, 1896. Mr. BOUTELLE. I hope m.y colleague will not interrupt me. To the Congress of the United States: Mr. :l\fiLLIKEN. I will not interrupt yon. At a. meeting of native Spaniards residinganll doing business in New York, The SPEAKER pro tempoTe. Unanimous consent is asked that friendly to the Gove!nmen.t and people of the. United States, and strongly the gentleman's time be extended until 5 o'clock. Is there objec­ desirous that the fr~ends~p between our nations. shall stay unbroke?-, the tion? undersigned w ere thiS day illstructed b;Y such meeting t? make to.you, ill .the spirit of that friendship, a statement of unportant facts, ill correction o~ wide­ .'.l\Ir. SKINNER. I object. spread misrepresentations, and in the hope that the spread of truth will pre­ The SPEAKER pro tempore. Objection is made. vent misunderstandings. 1.Ir. CANNON. I hope·the gentleman will not object. Spain, though once a despotism, is now a. free land.- In the past fifty years, step bv step, freedom has been established. Spain is now governed by a Mr. HITT. Mr. ~irman, I ask that the gentleman's time be parliament elected by the people, with universal suffrage. extended until within five minutes of 5 o'clock. The gentleman IIi the same way, step by step, liberty has been established in the Spanish from North Carolina (Ml'. SKINNER] desires five minutes. colonies. Uuba and Porto Rico are allowed to choose more than 60 members of the parliament of Spain. . _ . . :Mr. LIVINGSTON. The gentleman from North Ca.;rolina [Mr. This is a far greater liberty than Bntain allows to the neighborillg colony SKL~NER] must leave for home this evening, and he is entitled to of J an1llica or to the Dominion of Canada-a far greater one than Britain ever the recognition which is asked. allowed to any colony. . . Had Britain let the North American colonies choose members of the Br1tlsh Mr. MILLIKEN. Mr. Speaker, there are other gentlemen who Parliament the American Revolution might never hav~ OCX whether it is proposed to have a session of the House to-morrow, rates average over 1 per cent. Cuba's for all general purposes IS less than 5 mills on the dollar. Cuba's sugar and tobacco products are about or to adjourn over until Monday? $100 000 000 a year. The taxes on these are about one-fourth of 1 per cent. Mr. HITT. Ihopewecanhaveasession to-morrow. This mat- Such 'are the fruits of representation. The deputies are chosen by vote of ter has been deferred a long time. all adult male citizens who pay $5 a year taxes. Men can also vote on taxes Mr. BOUTELLE. My time is slipping along very fast-­ paid by their mothers, wives, and children. Holders of school or college degrees can vote without pafi?g taxes...... Mr. HOPKINS. Regular order, Mr. Speaker. Every province has its legiSlature and every mummpality has Its council, Mr. BOUTELLE. Mr. Speaker, I will not abuse the patience chosen by the voters therein. These councils and legislatures, with leading of the House. I have very few words of my own to say, but taxpayers choose the senators from Cuba in the parlianient of Spain. Cubans :i.re appointed to all public offices ~n Cuba as well~ in Spain. V:ez:y I desire to call the attention of this House to words that have many such offices in Cuba are filled by native Cubans, subJect only to Civil­ been uttered by men who ought to be heard, and heard respect­ service rules. The rector of the University of Havana is a Cuban. The fac­ fully, by the American Congress. First, however, in regard to ulties of all the colleges and the teachers of public schools are mostly Cubans. The courts contain 3ti jud~es, '%j of whom are Cubans. . this matter of the actual status in Cuba. I have received another The parliament of Spaill, With the ·full consent of Cuba's representatives document, concerning the accuracy of whose statements I can not therein, years since abolished slavery. vouch, but it eomes to me under the authority of a respectable pub­ The presence of a great mass of freedmen still burdened with the i~o­ lication. · It is the organ of the building and loan associations of rance due to bondage, and the insurrections of a sm~ but turbule~t ponipn of these freedmen, with a small part of the more Ignorant and Idle white the United States. It claims to represent 6,000 of these associa­ men have obliged the parliament of Spain to go slowly and cautiously in ex­ tions, which we all recognize as among the most n.seful in our tending freedom and home rule~ Cuba.. But two years ago ~he represeD:ta­ country. This paper editorially states that it had taken pains tives from that island of all parti~s unammous;ty agreed.on a bill t;I·aD:sfeiTmg the administration of Cuban affairs to a colorual council, and this bill, asked to look into this matter or into some contradictory statements that for by the whole Cuban d~legation and by~ parties in Cuba, ~he parli:~.ment had been made, and it gives its conclusions, some of which I de­ of Spain, on motion of Senor Abarzuza, miDlSter for the colorues and himself sire to call to the attention of the House for what they may be a Cuban, enacted as a law. The great majority of t~e people of Ct?-ba, ha~g got what :eforms t~ey worth. It says: asked are satisfied to remam ill the SpaniSh Empire. But the msurrection­ UNM.A.SKED-RE..A.D THE TRUTH ABOUT THE "REPUDLIC OF CUBA." ists who are but a. small part of the people, mostly ignorant, violent, and Our proposal, f.n our first edition this month, that both Spaniards and Iawiess, whose chief leaders are foreigners or natives .of Cuba whose long Cubans stop fighting and that the whole people of Cuba freely discuss their absence from the island prevents them from understandillg the present state form of government and settle it by peace(ul vote-which proposal will also of affairs and who are supported by the' contributions of absentees equally be found in this edition-is so new and so fair that it gamed prompt and ignoran~these insurgents refused to acquiesce in the r eforniS achieved, de­ wide attention. From many quarters come facts and points which throw manded what the mass of the people do n ot desire, independence, and, under strong light on the case. cover of this unpopular demand, are r?aming .throng~ the country, com~it­ So much has been said that we have investigated for ourselves. tin~ all sorts of misdeeds, and preventillg the illdustrwus poor from earnillg Here is what, to our astonishment, we find: the1r living, and on the approach of troops retreating into the mountains. The American press and public are mic;informed and misled­ When in 1861 attempts were made to overthrow by anns and force the Gov­ A great party of Cuba s people oppose independence. ernment of the United States, the American people d eclared that this should In fact, this home-rule party, the "Autonomists," who prefer to remain in never be· that any change should come through peace and not through war; the Spanish Empire, are the great mass of the peoJ>le. and they' sternly crushed the effort at armed revolution and forcible separa­ A more astonish.ing fact is that many Cubans, both there and elsewhere tion. This is the precise situation in Cuba to-day. Armed revolution and who are opposed to the "Republic of Cuba" dread to say so. They fear that forcible separation the people of Cuba do not desire. Tho"!lgh Cu~ans a:re not these self-styled" republicans" will ruin their pr operty, harm them in busi­ required to do military duty, 40,000 Cubans are voluntarily fighting Side by ness, or commit outrages on their families and friends, as those separatists side with Spaniards to suppress disorder and crime, uphold law, freedom, are daily doing to others. and safety to property and life, and enable the masses t o earn their living in We have tned hard to get these gentlemen in this country to speak out; peace. The peo-vle of Cuba are now doing what the people of ~erica did !n but they dare not. the same situation; and they desire the sympathy of America. They will They complain bitterly that the truth and the views of the great majority of never submit to be ruled by such men as the insurgents show themselves to Cuba's people are not known to the American press and people-are carefully be. To be ruled by such men means the ruin of theindustriesand commerce withheld; and these Cuban gentlemen desire us to make known to the jour­ of Cuba by the dominion of ignorance, tyTanny, and fraud. The owners of nals and citizens of this country the facts we have learned. over $800,000,000 of property are under arms operating in the field to sup­ Here they are: press these men and restore order. Three hundred Cuban officers, from The" Republic of Cuba." is a fraud. major-generals through all ranks, are on the rolls of the army; and not one Cuba's people are not fighting for independence. has joined the disturbers. They are fighting against it. Very respectfully, Forty thousand Cubans are in arniS to prevent it. B. SONTO, JOSE E. GARCIA, These 40,000 men are not in the Spanish army. They have volunteered as LAUREANO F. AUJA, ARTURO CUYAs, soldiers against independence; to put down the so-called" Republic." QUINTIN GA.RRETA, ANTONIO CUYAs, JR., They own nearly all the property and pay nearly all the taxes of the island. If the-y are satisfied, what right have others to complain of the taxes? FRANCISCO GARCIA, I. V .. ABUO, Especially, what right have those who do not pay taxes to make those CESAREO VIGIL, MANUEL BUENO, taxes an excuse for war, plunder, rapine, arson, and murder? JOAQUINO MENENDEZ, ADE SILVA, Three hundred Cubans are offi~rs in the army and navy of Spain_ They REMIGIS JIMENEZ, F. TOLEDO, hold all ranks, from second lieutenants to major-generals. · PEDRO R. DE FLOREZ, V. TOLEDO, :Not one of these 300 Cuban officers has joined the "army of the Republic." EMILIO M. CASTILLO, R. TINOCO, They are fighting against it. Not one of the three political parties-Conservatives, Reformers, Home C. ROSICH, REGINO TRITEZ, Rulers-desires independence. · EMILIO PUIC, CIRIACO VIODERO, The "army of the Republic" are small bands, like the "jayhawkers" of R. PERA, FELIPE CIDRINO, our civil war, the guerrillas of Spain, the brigands of Italy and Sicily, the buc­ X. CAIRE, Committee. caneers of theWest Indies. They fly party flags to cloak their crime-s. When troops come near, they hide in woods} swamps, and mountain dens. Has my time expired, Mr. Speaker? The:rr leader&-Gomez. Gil, and Ro off-are not Cubans. Gomez fought to The SPEAKER "Pro tempore (Mr. DALZELL). The gentleman ::mbject his own country, San Domingo, to Spain. He sold the Cuban rebels has a half minute remaining. out to Spain in 1878. He later tried to prove in public that Cuba never should be independent. These leaders are professional soldiers, adventurers, habit­ Mr. BOUTELLE. Considering the interruptions to which I ual disturbers. have been subjected, I will ask the House for a few minutes General Sherman made short work of such men here. longer. I should like twenty minutes. They are not supPorted by the people, but by foreigners and absentee Cubans, who do not know the present state of things. Mr. HOPKINS. I ask that the time of the gentleman be ex­ The cry that Cuba.. s people are fighting for freedom and self-rule is-false. tended unti15 o'clock, the time when we take a recess. They have freedom and self-rule now, except as rebellion prevents. 3552 CONGRESSIONAL RECORD-HOUSE. APRIL 3,

Spain was a despotism. So was Cuba. Spain was oppressed and robbed here, and truthfully, that General Grant once had prepared a mes­ therebv. So was Cuba, but not worse than the mother land. Spain was almost-ruined. sage of recognition, or a proclamation. That is true. Mr. Fish, Let practical men not confuse their minds by mixing the misdeeds of the with a calm equipoise that must be admired to-day, declined to dead with the doings of to-day. issue it, and persuaded General Grant to issue the message from Spain now is a free country, ruled by a parliament chosen through universal suffrage. which I will quote. And within a few weeks the diary of Secre­ In this :parliament Cuba has 64 representatives. tary Fish, one of the ablest diplomats and one of the greatest Forty-s1x deputies are elected by all adult male citizens, of evecy race, who patriots in our country, has disclosed the fact that subsequently, pay, or whose families pay, $5 a year taxes, and an ~ such who have taken de­ grees in schools or colleges need not even pay this small sum. when he desired to retira.from his position as Secretary of State, Every province has its legislature; every town its council, chosen by these General Grant in reply stated that he was under great obligations voters. to Mr. Fish, and that on at least two oocasions the Secretary had These legislatures and councils, with the main taxpayers, choose the 18 sen­ saved him from committing mistakes; and that one of those oc­ ators from Cuba. The general taxes are laid by the parliament of Spain, in which Cuba has casions was when he was about to issue a proclamation recognizing these 6! votes, cast by representatives chosen by the taxpayers. the belligerency of Cuba. The statement that Cuba is "fighting against taXation without representa­ In that message President Grant said (this was in 1875): tion "is absurd. Cuba's delegation, voting together, can hold the balance of power between I have hoped that Spain would be enabled to establish peace in her colony, parties in Spai~--<:an turn out of power any ministry that refuses their to afford security to the property and the interests of our citizens, and allow demands. legitimate scope to and commerce and the natural productions of the Is not this "representation"? · island. Because of this hope, and from an extreme reluctance to interfere in Had Britainfiven America 50 members in the House of Commons and 20 the most remote manner in the affairs of another and a friendly nation, espe­ in the House o Lords-had she enabled America to vote on the taxes, to hold cially of one whose sympathy and friendship in the struggling mfancy of our the balance of power in Parliament, and to turn out of power any party own existence must ever be remembered Wlth gratitude, I have patiently and and any ministry that refused American demands-Americans would have anxiously a waite9- the pro~ress o~ even~. Our own civil conflict is t<_>o recent had no cause to complain, no wrong to resist; the American Revolution would for us not to cons1der the difficult1es which surround a government distracted not have oxurred. by a dynastic rebellion at home at the same time that it has to cope with a. Spain treats Cuba better than Britain treats Jamaica, Guiana, or Canada. separate insurrection in a distant colony. But, whatever causes may have Not one representative from any colony votes or sits in the British Parlia­ produced the situation which so ~rievously affects our interests, it exists, ment. with all its attendant evils, operating directly upon this country and its peo­ None ever did. ple. Thus far all the efforts of Spain have proved abortive, and time has Britain's Parliament never enacted reforms in these colonies on request of marked no improvement in the situation. The armed bands of either side colonial members. There were none. now occupy nearly the same ground as in the past, with the difference, from But the ports of Cuba were opened to the trade of all the world at there­ time to time, of more lives sacrificed, more property destroyed, and wider quest of a G'uban deputy, Senor Arango, a leading journalist of Habana. extents of fertile and productive fields and more and more of valuable prop­ The Spanish Government granted all the reforms whwh he requested in the erty constantly wantonly sacrificed to the incendiary's torch. course of many years; and, far from punishin~ him, made him a member of I understand, Mr. Speaker, that it is not only conceded, but it is the imRerial council for the colonies in Madr1d, and later a member of the the boast of those who champion the cause of the insurgents that Slkri~~~:~~~~~s~ ~~~~a:n~rii~~re~f t~~iti~~ of Commons . . But in the incendiarism, the destruction of crops, the ravaging and burn­ the late parliament of Spain a Cuban, Senor Francisco Lastres, of Habana, ing of villages by the insurgents, is being done in order to weaken was elected by the Spanish majority vice-president of the house of repre- sentatives. · the cause of Spain and to drive the people of that island into insur­ Britain never made a citizen of Jamaica, Guiana, or Canada minister for rection. I do not understand that it is alleged anywhere-certainly the colonies; but the late parliament of Spain made a Cuban, Senor Abar­ I have not heard it-that the Government in Spain has entered .zuza, minister for the colomes. . The whole representation from CubaJ of all parties, in that parliament upon any systematic destruction of public or private property; but united on a bill transferring the main aaministration of Cuban affairs from that the destruction of towns, the laying waste of fields, this wide­ Madrid to Habana and creatin&" a colony executive council. This Cuban spread disorder and anarchy, is being carried on by those armed measure the parliament, on motion of that Cuban minister for the colonies (Abarzuza), unanimously enacted into a law. It has been delayed in execu­ bands in the nam~ of liberty and of the people. tion only by the insurrection. Only a few weeks ago we had a proclamation. issued by the The Cuban delegation, of all parties, even the most radical, consented, in leader of the insurrectionary forces absolutely threatening any order to g~t the executive administration transferred to Habana, consented that the home Go>ernment should reserve the right to confirm or reverse man who attempted to produce sugar on his plantation, thus de­ the colony council's acts, should appoint half the members (the other half priving peaceful citizens of Cuba of their only means of providing being elected by the taxpaying voters of the provinces according to popula­ subsistence for their families; the idea being to shorten the sugar tion), and should continue to appoint the governor-general of the colony; that he should preside over the council, decide questions in case of tie votes, crop of the world so as to compel interference to put a stop to a and suspend members if necessary. war that was thus disturbing the comfort of mankind. That was This is the common course when any colony is first intrusted with self­ the case in 1875, and it is so to-day. Now, says Mr. Fish (and government. Having got this much by peaceful methods, and these reserva­ however little gentlemen may regard my judgment or my opinions, tions being accepted by the whole representation of the colony, there is no excuse whatever for violence and blood. Peaceful means, step by step, will I ask them to give calm consideration to this definition by :Mr. complete the work. Fish of the duty of a nation under international obligations): The parliament of Spain years ago abolished slavery in Cuba, established In contests of this nature, where a considerable body of people who have freedom of the press, and secured personal liberty to all. attempted to free themselves of the control of the superior government have If Cuba's people ever do desire independence, it can, and should, be had reached such point in occupation of territory, in power, and in general organ­ without war and carnage. ization as to constitute in fact a body politic, h..·wing a government in sub­ The greatest of all cril,lleS is to begin a war. William T. Sherman, General­ stance as well as in name, possessed of the elements of stability and equipped in-Chief of the , said truly, "War is hell!" It includes with the machinery for the administration of internal policy and the execu­ crimes of every kind. tion of its laws, prepared and able to administer justice at home as well as in The insurgents had no ground for beginning war; and their record is a its dealin&"s with other powers, it is within the province of those other powers frightful mass of crimes-robberies, murder-s, arson, wrecking railroads, ruin­ to recogmze its existence as a new and mdependent nation. In such cases ing bridges, destroying buildings and crops, undoing the industrious work of other nations simply deal with an actually existing condition of things, and years, and, worse than all, starving thousands of honest workmen by forbid­ recognize as one of the powers of the earth that body politic which, possess­ ding them to make su~ar, and so earn their bread. . These bandits deserve no sympathy or recognitiOn from America. They deserve the fate they suffer ing the necessary elements, has, in fa.ct, become a new power; in a word, the when they are caught, the same that guerrillas met in our civil war. No act creation of a new state is a fact. ' nor word of the American people or Government should give them the It is not our duty, nor is it competent for us, to assume to estab­ slightest aid. Nor should the money or blood of our people be spent to help lish such a condition of things. Before we can recognize it that them. This country bas no business meddling with matters elsewhere. With ter­ condition of things must be in fact established. Every man knows ritory as large as all Europe and 70,000,000 people-as many as England, Scot that we have had no demonstration of the establishment of such a land, Wales, Ireland, Holland, Spain, and Portugal together-far mot·e people condition of things in Cuba up to this time. It was for that reason than Canada, South America, and all America besides-we have all we can do to manage onr own affairs. that General Grant refused recognition. The disturbers who are trying, in Congress and outside, to draw this coun­ The creation of a State, as Mr. Fish says, is a fact. It is not a try into such meddling are seeking to repeat the stale trick of tyrants­ matter of sentiment. You cannot create '' the Republic of Cuba" make war to divert the public from wrongs at homEr-Or to fill their pockets at the cost of their countrymen's cash.and blood. by voting it in the American Congress to be a State. You can not We do not take the side of Spain against Cuba. We take the side of the establish belligerent rights unless belligerency is an international people of Cuba against violence and crime; the side of the people of America fact. agamst crushing taxes and wicked bloodshed. The toilin~ masses of this country have burdens and problems enough To establish the condition of things essential to the recognition of this fact, without addmg these. there must be a people occupying a known territory, united under some known and defined form of government, acknowledged by those subject Mr. TUCKER. Where is that paper published? thereto, in which the functions of government are administered by usual Mr. BOUTELLE. It is published in New York; called the methods, competent to mete out justice to citizens and strangers, to afford Building and L oan News. I give it for what it is worth. It is remedies for publiep.nd for private wrongs, and able to assume the correla­ tive international ol'>liga.tions and capable of verforming the corresponding published by evidently a reputable paper; and it seems to me there international duties resulting from its acqmsition of the rights of sover­ must be some modicum of truth in that statement, affirmed by eignty. A power should exist, complete in its organization, ready to take these Spanish residents of New York. and able to maintain its place among the nations of the earth. While conscious that the insurrection in Cuba ha..'3 shown a strength and I will try to call attention very briefly, for my time is limited, endurance which make it at least doubtful whether it be in the power of to the policy of this country in regard to this sort of interference. Spain to subdue it, it seems unquestionable that no such civil organization Reference has been made here several times to the action of General exists which may be recognized as an independent government, capable of performing its international obligations and entitled to be tl·~ated as one of Grant. I want to emphasize the fact that General Grant in 1875 the powers of the earth. A recognition under such circumstances would be declined to recognize the belligerency of the insurgents of Cuba inconsistent with the facts, and would com_Pel the power granting it soon on gro'lmds stated in his special message to Congress. It was stated to suppo11i by force the government to which it had really given its only 1896. OONGRESSIONAL RECORD-HOUSE. 3553 claim of existence. In my judgment, the United States should adhere to_the asks that the time for taking the recess be extended for ten policy and the principles which have heretofore been its sure and safe gmdes minutes. m like contests between revolted colonies and their mother country, and1 act­ ing only upon the clearest evidence, should avoid any possibility of suspicion Mr. SKINNER rose. or of imputation...... Mr. BOUTELLE. Reserving the time of the gentleman from A recognition of the independence of Cuba bemg m my oprmon Impracti­ North Cm·olina (Mr. SKINNER]. cable and indefensible, the question which next presents itself is that of the recognition of belligerent rights in the parties to the contest. Mr. SMITH of Michigan. I can not consent unless the gentle­ • In a former messaooe to Congress I had occasion to consider this question, man from Maine will agree to give me one minute in which to and reached the conclusion that the conflict in Cuba, dreadful and devas~t­ make a statement in reply to the statement of the gentleman from ing as were its incidents, did not rise to the fearful dignitl of war. Regarding it now, after this lapse of time, I am unable to se~ tha any notable sne:cess MassachusettsfMr. GILLETTl. or any marked or real advance on the part of the msurgents has essentially Mr. BOUTE LE. I will do that. changed the character of the contest. It has acquired greater age, but not The SPEAKER. Is there any objection to extending the time greater or more formidable proportions. for the recess for ten minutes? · Referring now to another point tp.at has. bee~ J:>rought.up in There was no objection. this debate, the appeal to our retaliatory disposition, I w1sh to Mr. BOUTELLE. Mr. Speaker, in that memorable legacy, his quote the advice of a great soldier and statesman. We are told Farewell Address, which President Washington left to the Ameri­ that because Spain did something that we did not like at the on~ can people as a gift, commensurate with his relations to the new break of the rebellion in this country, therefore we should retah­ nation which he had so preeminently helped to establish, he uses atenowbyrecognizing the belligerency of Cuba. Upon that sub­ some very instructive and weighty words which, it seems to me, ject General Grant used these words, which should have great ought ea-sily to find application at the present time. We all know weight: the strength of Washington's advice, and the earnestness of his It is possible that the acts of ftiOn~ble mony with all. Religion and morality enjoin this conduct. And can it be propriety, and adhere rigidly and sternly to the rule which has been 1ts gmde, that good policy does not equally enjoin it? It will be worthy of a free, en­ of doing only that which is right and honest and of good report. ':1-'he qu~s­ lightened, and at no distant period a. great nation to give to mankind the mag­ tion of according or of withholding rights of belligerency must be Judged m nanimous and too novel example of a people always guided by an exalted every case in view of the particular attending facts. Unless justified by ne­ justice and benevolence. Who can doubt that in the course of time and things cessity, it is always and justly regarded as an.nnfrien~y act and a gra~u~tons the fruits of such a plan would richly repay any temporary advantages which demonstration of moral support to the rebellion. It IS necessary and It IS re­ might be lost by a steady adherence to it? Can t be that Providence has not quired when the interests and rights of another government or of its pe~ple are so far affected by a pending civil conflict as to require a definition of Its rela­ connected the vermanent felicity of a nation with its virtue? The experi­ tions to the parties thereto. But this conflict must be one which wil;l be rec·· ment, at least, IS recommended by every sentiment which ennobles hlUilaD. ognized in the sense of international law as war. Belligerence, too, IS a fact. nature. Alas, is it rendered impossible by its vices? * * * In the execution of such a plan nothin~ is more essential than that perma­ The mere existence of contending armed bodies and their occasional con­ nent, in>eterate antipathies against partiCular nations and passionate attach­ flicts do not constitute war in the sense referred to. ments for others should be excluded, and that in place of them just and Applying to the existing condition of affairs in Cuba the tests recognized amicable feelings toward all should be cultivated. The nation which indulges by publicists and writers on international law, and which have been observed toward another an habitual hatred or an habitual fondness is in some degree by nations of dignity, honesty, and power, when free from sensitive or self­ a slave. It is a slave to its animosity or to its affection, either of which is ish and unworthy motives, I fail to find in the insurrection the existence of sufficient to lead it astray from its duty and its interest. Antipathy in one such a substantial political organization, real, palpable, and manifest to the nation against another disposes each more readily to offer insult and injury, world having the forms and capable of the ordinary functions of govern­ to lay hold of slight causes of umbrage, and to be haughty and intractable ment toward its own people and to other states, with courts for the adminis­ when accidental or trifling occasions of dispute occur. tration of justice, with a local habitation, ~ossessing such organization of Hence frequent collisions, obstinate, envenomed, and bloody contests. The force such material, such occupation of terntory as to take the contest out ill of th~ category of a. mere rebellious insurrection or occasional skirmishes nation prompted by will and resentment sometimes impels to war the gov­ and place it on the terrible footing of war, to which a recognition of belliger­ ernment contrary to the best calculations of policy. The government some­ ency would aim to elevate it. The contest, moreover, is solely on land. The times participates in the national propensity and adopts through passion insurrection has not P

Teforms and obtain rights that they do not now enjoy. It is "im­ The duty of ho~ &: neu~l ~nd~ct may be- inferred, without anything possible that any such obligation should be so strong in ihis case J1?.0re 1 from t~e obll;ga~o~ which JUStice and humanitf impose on every na­ tion, m cases m which It IS free to act, to maintain inviOlate the "l'elations of as was our obligation to France to aid her in war when £he had peace and amity toward other nations. .so aided l1B in war. Yet in all the stress of :those circliiilStances The inducements ?finterest for o.bserving ~t conduct will best be referred Washington stood like a rock against interference. He asserted to your own reflectiOns .and. expenence. With me a predominant motive.has been~ en~eav;or to gam time to our ou~ht he to be received? XIII. -;£s Itn~cessa.ry or advisable to call toBethe:r the two Houses of Con­ Having taken it­ gress With a VIew to the present posture of European affairs? If it is, what should be the particular object of such a call? That position- GEORGE W A.CSHINGTON. ! determined, as far as .should depend upon me, to maintain it with modera­ tion, perseverance, and firmness. That Cabinet, to which those inquiries were propounded, I may. The considerations which respect the .right to hold this conduct it is not ,say, wa-s composed of men who, I .suppose, are of fair 1·epute to­ necessary on this occasion to detail. I will only observe that,.according to ·my understanding of the matter, that right, so far from be:ing denied by any day, such men .as Thomas Jefferson, .Alexander Hamilton, and men of the belligerent powers, has been virtually admitted b y all. of that character. The Cabinet determined, on the first question Again, and I call special attention to the language: propounded, that a proclamation should issue forbidding all citi­ Observe good faith and justice toward all nations. Cultivate peace and zens to take part in hostilities upon the high seas with either of harmony with all.. Religion and "IDorality enjoin this conduct. And can it -the belligerent powers, and warning them of penalties to be in­ be that good policy does not equally enjo.in it? It will be worthy of a free, flicted in the event that they should do so. The opinion of the · enlightened, and at no distant period a great nation to give to mankind the magnanimous and too novel example of a people always guided by an exalted Cabinet was as follows: justice and benevolence. Who can doubt that in the course of time and At a "IDeeting of the heads of Departments and of the Attorney-General things the fruits of such a plan wotild richly repay any temporary advan­ at the President·s~ April 19, 1793, to consider the foregoing questions pro­ tllges which might be lost by a steady adherEmce to it? Can it be that Prov­ posed by the Presiaent, it was determined by :ill on the first question that a iaence has not connected the-permanent felicity of .a nation with its virtue? proclamation-shall issue forbidding any citizen or citizens to take part in The experiment, at least, is recommended by every sentiment which enno­ any hostilities on the hi~h seas with or against belligerent powers\ and warn­ bles human nature. Alas! is it rendered im.possible by its vices? ing them against carry-Ing to any such powel'S any of those articles deemed In the execution of such a plan nothing is more e sential than that perma­ contraband according to the modern usage of nations, and enjoining them nent, invete1·ate antipathies against particular nations and passionate at­ ~tfona.~~~ thgsf!~!~ngs inconsistent with the duties of a friendly tachments for others should be excluded, and that in place of them just and amicablefeelingstowardallshould be cultivated. The nation whichmdulges PROOLAMA.TJ:ON. toward another an habitual hatred or an habitual fondne sis in some degree a slave. It is a slave to its animosity or to its affection, either of which is su:ffi.­ Whereas it aJ?pearS that a state of war e:ristin.g .in Austria, Prussia, Sar~ cient to lead it astray from its duty and its interest. Antipathy in one nation dinia, Great Britain, and the United Netherlands on the one part and France against another disposes each more readily to offer insult and injury, tolay on the other, and -the duty and interest of the United 8tates require that hold of slight causes of umbrage~~~d to be haughty and intractable when they should with sincerity and .good faith adopt and pursue a conduct friendly accidental or trifling occasions of uispute occur. and impartial to the belligerent powers: Hence frequent collisions, obstinate, envenomed, and bloody contests. The I have therefore thought by these presents to declare the disposition of the nation prompted by ill will and resentment sometimes impels to war the United -states to observe the conduct aforesaid toward those power , respec­ government contrary to the best calculations of policy. The government tively, and to exhort .and warn the citizens of the United States carefully to sometimes participates in the national propensity, and adopts through pas­ avoid all acts and proceedings whatsoever which may in any manner tend to sion what reason would reject. At other times it "IDakes the animosity of contravene such disposition. the nation subservient to projects of hostilityhinstigated by pride, ambition, I may say in this connection that there is an explanatory note and other sinister and J?erniaious motives. T e peace often, sometimes per­ appended to the third question propounded by President Wash­ haps the liberty, of nations has been the victim. ington, which throws considerable light upon the feeling then The great* rule *of conduct* for us in regard* to foreign* nations* is, in* extend- existing in reference to this question. It is in the following ing our commercial relations, to have with them as little political connection words: as possible. So far as we have already formed engagements let them be ful­ On the third question '(propounded by President Washington) Jefferson fllled with perfect good faith. Here let us stop. and Randolph were of opinion that the minister should be received abso­ And fm·ther on: lutely and without qualifications. Hamilton and Knox deemed advisable that How far in the discharge of m;v official duties I have been guided by the t~e~TIE!~~u~sf~t:ifis~th~~~= from the Republic of France should principles which have been delineated, the public records and other evi­ dences of mf conduct must witness to you and to the world. To myself, the "~hat the Governmeni of the United States, uniformly entertaining cordial assurance o my own conscience is that I have at least believed myself to be wishes for the happiness of the French nation and disposed to maintain with guided by them. it an amicable communication and intercourse, uninterrupted by political In relation to the still subsisting war in Europe, my proclamation of the vicissitudes, does not hesitate to receive him in the character which his cre­ 22d of April, 1793, is the index to my plan. Sanctioned by your appl'oving dentials import; yet.considering the origin, course, and circumstances of the voice, and by that of your representatives in both Houses of Congress, the relations continued between the two countries, and the existing position of spirit of that measure has continually governed me, un:in.fluenced by any the affairs of France, it is deemed advisable and proper on the part of the attempts to deter or divert me from it. United States to reserve for future consideration in discus ing the question After deliberate examination, with the aid of the best lights I could obtain, whether the operation of the treaties, by which those relations were formed, I was well satisfied that our country, under all the circumstances of the caBe, ought not to be deemed temporarily and provisionally suspended; and under had a right to take, and was bound in duty and :interest to take, a neutral this impression it is thought due, in the spirit of candor and friendly pro­ position. Having taken it, I determined, as far as should depend upon me, cedure, i;o apprise him beforehand th.e intention to reserve that question, lest to maintain it with moderation, perseverance, and firmness. -t~ilence on the point should occasion misconstruction." The considerations which respect the right to hold this conduct it is not With reference to the foregoing questions submitted by Presi­ necessary on this occasion to detail. I will only observe that according to my understanding of the matter, that right, so far from being denied by any dent Washington, I desire also, Mr. Speaker, to call the special of the belligerent powers, has been ,Virtually admitted by all attention of the House to a letter from Henry Lee, so well known • 1896. CONGRESSIONAL RECORD-HOUSE. 3555 as ''Light-Horse Harry," addressed to President Washington Th.e SPEAKER. The-' gentleman from North Carolina [Mr. from Richmond on the 14th day of June, 1793, in which he says: SKINNERl, theChair und.erstands, is entitled to five minutes. . My DEAR SIR: Plain and evident as is the wise policy of neutrality on the Mr. BOUTELLE. I had just risen to remind the Chair that I part of the United States during the present European war,! find that the had included that in my request for an extension of time. ~pers teem with publications reprobating this system. If I am to judge of the feelings and dispositions of the people of the United Mr. SKINNER. Mr. Speaker, perhaps I represent the most States from what I believe to be the temper of the people of Virginia. on this ancient and at the same time the most patriotic territory within question, I can not doubt that nine-tenths of America applaud the policy this Government; a territory where Sir Walter Raleigh first adopted and feel increased gratitude and love for the man who has declared the same as the rule of conduct for his fellow-citizens. There are in all socie­ landed; the first colony where the foot of the Anglo-Saxon pressed ties at all times a set of men ai1Dous for change in the political machine and American soil; the territory whereupon this country, this great fond of confusion. This disposition results in part from love of novelty, from continent, was dedicated to God and afterwards to liberty; the ruined private circumstances and disappointment in political stations. This class of men receive the aid of the wicked and abandoned of every descrip­ territory in which the first form of civil government on Amer­ tion, and therefore jn free countries are considered more numerous than they ican soil was organized and out of which this great Government really are, because they are noisy, clamorous, and impudent. has grown. [Applause and laughter.] Lonly say that, Mr. Speaker, prefatory to the remarks which I But when their weight in society is taken they will be found as light as am impelled to make when my €yes fall upon the flag which over­ straw. hangs your head. Because, as I look upon the Stars and Stripes [Laughter.] there, I recall the fact that it is the same flag which floated over So it is here at present. If a stranger were asked his opinion of the wishes the venerated veterans of the Revolution, which cheered the half­ of the people of this country with respect to war he would probably declare fed and half-clad heroes of Valley Forge, which waved over the the same to be universally favorable; for he would gather his information from the conversations he has heard at taverns, where this order of men redoubts of Bunker Hill, which floated from the masthead of the abound, gambling and drinking all night, and all day abusing men and meas! Bon Homme Richard, which kissed the breezes over the waters of ures. however respectable, however proper. Erie and Champlain, which waved in triumph over the immortal [Laughter and applause.] field of Chippewa. And, Mr. Speaker, when I recall the anxious I returned yesterday from a visit to our arsenal at the Point of Fork, and hours during which the followers of that flag were fighting for took occasion during my journey to talk freely with the planters respecting life and for liberty; when I turn my eyes to the south and see, a. your proclamation. I found every person regarding it as highly wise, duly timed, and all expressed a. confidence in you adhering invariably to its pur- few leagues from Florida, the Cuban patriots fighting for liberty as our Revolutionary fathers were fighting, I turn with the Cu­ po~. my mind these communications were not unexpected, and yet I profess bans to that flag as the. Emperor Constantine did to the cross in I derived great satisfaction from them because from the clamor issumg out of the towns and l>romulgated in the papers, I began to fear that the golden the heavens, to in hoc signo vinces. As written then, the Cubans prospects of felicity before us would be lost by our country in spite of the think in this sign we shall conquer. . wisdom and firmness of our Government, a.nd I have been induced to give to I tell you, Mr. Speaker, the Cubans look upon this flag to-day as you my observations thereon as in your situation at this crisis the happiness of the people requires you should be well acquainted with their opinions. · the emblem of liberty, as we look upon the cross as the emblem When M.

number; but by order of the House it was restored to the Calen­ in November, 1856, in the capture and reduction of the barrier forts in the Canton River, he wa.s seriously wounded. Returning from that cruise he dar, to be the first bill under consideration. joined the. Wyoming and went_tothe Pacific station, where he remained uhtil The CHAIRMAN. This bill has been read, and the report has the brea.king out of the rebellion, when he returned East and took an active been read. The question is, Shall the bill be laid aside to be re­ part until the close of the war, commanding the Somerset and Sagamm·e in the East Gulf squadron capturing a large number of blockade runners, Cedar ported to the House with a favorable recommendation? Keys, St. Marks, as weh as destroying large numbers of salt manufactories Mr. ERDMAN. Mr. Chairman, a parliamentary inquiry. on the coast. What is this bill? Health failing him, he returned North for a short time. May, 1864, he took command of the Wyalusing in the sounds of North Carolina, where here­ The CHAIRMAN. This bill is one which was recommitted to mained until the suppression of the rebellion. While in the sounds he assisted the Committee on Pensions, and was reported to-day by unani­ in the capture of the city of Plymouth and the rebel ram Albemarle, and in mous consent and placed upon the Calendar in its old position. numerous engagements up the Roanoke River and in various places in the Mr. DANIELS. I will sayto the gentleman that the bill passed sounds. The war e;ndJ.ng, he was ordered to the navy-yard, New York, on ordnance duty, until, m November, 1866, he took command of the Iroquois the House in a former Congress, on the 2d of March, but too late and once more joined the East India station; was in Japan durin_g the revo­ to pass the Senate. lution in that country, and when the Tycoon was defeated by Satsuma at Mr. ERDMAN. It is not that bill on which the other side of Osaka, he and his official followers fled and took refuge on board of the Iro­ quois, ~or which kindness he received the thanks of the Tycoon. He returned the House antagonized the gentleman from New York, is it? home m November, 1870, and for three years wa.s on special service with Mr. DANIELS. Not at all, sir. I ask that the bill be laid aside Admiral Porter and at navy-yard, Portsmouth, N. H . March, 1874, he took to be reported to the House with a favorable recommendation. command of the Congress and joined the Euror.ean station, and iu the absence of Admiral Worden the duty of settling a difficulty between the Pasha of The bill was laid aside to be reported to the House with a favor­ •rripoli and the United States consul devolved upon him. able recommendation. 'rhe Go~ernment was ~o well satisfied with ~he _result that General Grant, ~hen ,?resident of the Umted ~tates, thanked him m person, Returning home ELIZABETH MOORE ENGLISH. m 1816, he was ordered as semor naval officer afloat at the Centennial, Phila­ The next business on the Private Calendar was the bill (S. 1271) d elphia, where his sailors and marines were given a post of honor in tho grand granting a pension to Elizabeth Moore English. procession on the day of the opening. Ju~y 31,1876, was ordex;ed as co:r;nmandant of the Portsmouth (N.H.) Naval The bill was read, as follows: Statwn, where he remamed until November, 1878. when he was appointed Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, 9hief of the Bureau of Equipment and Rec~ting, Navy Department. While authorized and directed to ~lace on the pension roll. subject to the provisions m the Bureau he had a law passed authonzmg the enlistment of 750 naval ap­ and limitations of the penswn laws, the name of Elizabeth Moore English, prentices. At the sa.me time Coasters Harbor Island, at Newport, R.I., was widow of Rear-Admiral Earl English, at the rate of $50 per month. ced~ by the.State to th.e Natio_nal Government as ~he J:Ieadquarter s for the ~=~n~tatwn, where It remams at the present trme m a most 11ourishing Mr. PICKLER. Mr. Chairman, this is a Senate bill with quite He was instrumental in having President Arthur sign the order increasing a lengthy report. The gentleman from Maryland [.Mr. MILES] the pay of the enlisted men and boys in the Navy. September 4, 1884 he re­ makes the report, and I ask unanimous consent that he make a ~ngned from the -?ureau and took command of the European station. Return­ statement in regard to this bill without consuming the time neces­ mg home, he retll'ed, according to law, February 25, 1886. sary for the reading of a. lengthy report. Promotions.~uly ll, 1846, passed midshipman; March 1, 1855, master; Sep­ Mr. ERDMAN. Mr. Chairman, in view of the railroad pro­ tember 16, 1~, lieutenan~-commande r; July 25, 1866, commander; September 28, 18721 captam;_ Mar~h 2a, 1880, commodorei Se:ptember 4,1884, rear-admiraL ceedings we had this afternoon, I think it would not hurt if the Admrral Engnsh died July 16, 1893, and his w1dow filed an application for House heard these bills and reports in full. I object. pension December 19,1893, but the same was disallowed April ~ti 1 94 on the ~round that t}?.e disease .fi:om ~hi?h ~e died (acute e~teri~is) could not 'clearly The CHAIRMAN. The Clerk will read the report. "!Je tr~{)ed to diseases origma.tmg m ~e of duty durmg his active service. It The report (by Mr. MILES) was read, as follows: IS believ~d, howeve! •.thataliberal ':lew of th~ testimIJ?.ination of all th~ facts in the case, and gress passed a bill in behalf of this claimant, but which went to the Executive m view of the long and valuable serVIces of Rear-Admiral English your com­ at so late a day in the session a.s not to receive consideration. The history of mittee is of Eng­ The Clerk read as follows: lish, a pension of $100 per month. The followin&' is the report made in this case: Was uuder treatment December, 1849, for cholera morbus; inl851 for obsti­ Mrs. English IS the widow of Earl English, late rear-admiral, United States patio; January, 1851, tonsilitis; April, 1855, gastric derangement; 1856, head, Navy ·whose record is as follows: ache, and wound of spine, congestio hepatitis, and dysentery; 1857, orchitis­ Eari English, rear admiral, United States Navy. Born in Crosswicks, Bur­ rannea, furunculusi 1874, bronchitis acute, ictei"U.S, chronic hepatitis· 1880 lington County. N. J., February 18, 182!. catarr~us; 1~1, r;namrial cachexia; _189?, fe.bris r emittens; 1883, pne~onia: Appointed midshipman from his native State February 25, 1840. 1892, diabetes mcident to long serviCe m line of duty. Died July 16 1893 of Wa.s attached to the line-of-battle ship Columbus until December of same acute enteretis due ~o long and arduous service in Navy. ' ' year; was then ordered to the frigate Constellation and made the cruise in Extract from.certificate of dE;ath: "Attacked with acute indigestion July her to the East Indies and around the world, arriving home May 8, 18U; was 14, from partaking of blackberries. After several hours of suffering became attached to the Princeton, on gun practice, 1844 and 1845; was then ordered comfortable. Stage of calm of short duration. Inflammation of small intes­ totheNavalAcademy, wherehegraduatedJnly, 1846; was then ordered to the tines su-per!ened. ~ver became. inten~ely congested, _very painful, and in­ frigate Independence and actively employed on the Pacific station, co.tst of creased In size. Owmg to alteration of tiSsues, the str am caused perforation Mexico and California, and participated in the capture of Mazatla.n, and in or l:'upture al fathoms, the result of which was the laying of the first ocean cable between of foot when gangrene threatened its integrity. England and America. in 1855. Having finished that duty, he joined the Coast "WM. S. DIXON, Sttrgemt, U. S. N." Survey, and was attached to the schooners Oraw.fo!·d and Va1·inafor two years. Liver much congested, painful, increased in size, and the strain caused per­ He was then attached to the Levant and joined the East India squadron, and foration of, or rupture of, intestines. 1896. CONGRESSIONA·L RECORD-HOUSE. 3557

Mr. LITTLE. Mr. Chairman, I would like to inquire if the The letter of Colonel Sherman is as follows: report shows how this claimant stood on the and the finan­ "HEADQUARTERS FIRST BRIGADE, "SECOND DIVISION, FOURTH ARMY CORPS, cial questions. " Camp near Blains Cross Roads, East Tennessee, January 10, 1864. The bill was ordered to be laid aside with a favorable report. "To whom it may concern: THOMAS CORIG.A.N. "This is to certify that Thomas Corigan, an enlisted man of the Eighty­ eighth Regiment Infantry, Illinois Volunteers, and corporal of Company B The next business on the Private Calendar was the bill (H. R. same regiment, is a soldier good and true; ever faithful in the discharge or1 1838) granting an increase of pension to Thomas Corigan. duty, never absent without leave, brave as a lion in action, and always at his post. He won the confidence and esteem of his commanding officers by The bill was read, as follows: his uniform good conduct and soldierly bearing. I therefore take ~eat Be it enacted, etc., That the Secretary of the Interior is hereby authorized pleasure and bear willing testimony to his merit, and request that his WIShes and emrowered to place on the invalid pension roll of the United States the may be consulted inasmuch as he is disabled from active field service by rea­ name o Thomas Corigan, late a member of Company B of the Eighty-eighth son of wounds received on the hard-fought and bloody field of Chickamauga Illinois Volunteer Infantry, at the rate of $50 per month, from .and after the on the 20th of September, 1863. passage of this act. "F. T. SHERMAN, The report (by Mr. BAKER of Kansas) was read, as follows: "Colonel Eighty-eighth Infant1·y, fllinois Volunteers." Your committee recommend that the bill do pass after bein~ amended by The Committee on Invalid Pensions, to whom was referred the bill (H. R. striking out the word "seventy-two," in line 7, and inserting m lieu thereof ~bft~~~g an increase of pension to Thomas Corigan, respectfully report the word" fifty." Your committee have carefully examined into the facts in this case, and The CHAIRMAN. The question is, ~all this bill be laid aside find that the soldier served in Company B, Eighty-eighth illinois Volunteer with a favorable recommendation? Infantry, from July 25,1862, until he was discharged on account of disability. At the battle of Chickamauga, September 20,1863, he was severely wounded Mr. ERDMAN. That is not all that I want read. Go to the in the left hand, and is now drawing a pension of $30 per month for that places that I have marked. injury, the arm being rendered wholly useless by the wound. At the same Mr. PICKLER. What has already been read is almost verbatim time he was wounded by a buckshot in the neck, and the soldier claims that It this wound has affected his spine and has produced epilepsy. the present report. is simply to consume time. The medical evidence shows that the wound in the neck uroduces distinct The CHAIRMAN. Is objection made to the reading of this crepitus on movement of the neck. The epileptic fits have gradually in­ paper? creased until the soldier is totally helpless and requires constant aid and Mr. PICKLER. You are reading the same report that we have attendance and has become almost imbecile mentally. · The Pension Bureau in 1892 held that it can not accept the "fits" as a result reported. of the wound in the back of the neck; but no other cause is evident, and The CHAIRMAN. The Clerk will read Rule XXXI, on the medical evidence has been furnished to show that the wound in the neck is reading of papers. the cause of his present condition. The soldier's condition is helpless in the extreme~, and if the wound in the The Clerk read as follows: neck is the cause of his injury he would be entitlea to $72 per month under When the reading of a paper other than one upon which the House is called the general law. We are not disposed to criticise the action of the Pension to give a final vote is demanded and the same is objected to by any member, Bureau in rejectin~ this portion of the soldier's claim, but we think that it it shall be determined without debate by a vote of the House. might have very frurly decided the other way under the evidence and exam­ ination of the medical boards. Mr. POOLE. I object. . Your committee think that the soldier should be given the benefit of the The CHAIRMAN. The question is, Shall this paper be read? doubt to the extent of being raised to the second grade, or $50 a month. The The question was taken. committee is adverse to reporting bills changing the rate of ~ension as fixed by the Pension Bureau, but in case of extreme helplessness like the present, The CHAIRMAN. The noes seem to have it; the noes have it, where the wound has been followed by such helplessness, and there is much and the committee refuses to have the paper read. The question ~~~~t~:~~~~~~!~e soldier's condition 1B due to his wound, we are is, Shall this bill he laid aside with a favorable recommendation? If this case were before us as an original question we would probably have Mr. ERDMAN. Mr. Chairman-- come to a different conclusion from that arrived at by the Pension Bureau, The CHAIRMAN. The gentleman from Pennsylvania has been but in the doubt raised in the case we think that the second grade would re­ recognized once upon this question. lieve the wants of the soldier and onght to be granted, especially as the Mr. ERDMAN. Is there any other gentleman who desires to claimant:was an excellent soldier, highly commended bi.~!~· W. T. Sherman, !J:g~ severe wounds received in the battle of Chic uga are clearly talk? Mr. HARDY. Yes. A bill grantin~ the same amount of_pension passed both Houses of the last Congress, but failed of action by the President. Mr. ERDMAN. Then go on. Your committee recommend that the bill do pa.c;s. Mr. HARDY. I yield my time to the gentleman from Kansas Mr. ERDMAN. Mr. Chairman, I recollect this case. It &I.­ [Mr. KIRKPA. TRICK]. gaged the attention of the ..Fifty-third Congress on several Friday Mr. KIRKPATRICK. I will ask for a vote, if that is all. nights. It engaged the attention of the Committee on Invalid The CHAIRMAN. The gentleman from Pennsylvania is rec­ Pensions for a long while. So much so that majority and mi­ ognized. nority reports were filed. The case was carefully investigated, Mr. ERDMAN. Mr. Chairman, the minority report of the Com­ judicially scrutinized, thoroughly discussed; and, in order that mittee on Invalid Pensions of the Fifty-third Congress is as fol~ we may contrast the processes of the Fifty-third Congress in arriv­ lows on this case: The minority of the Committee on Invalid Pensions have considered the ing at what it considered doing justice in cases of this kind, I send bill (H. R. 5260) to increase the pension of Thoma.s Corigan, and submit the up to have read in my time a part of the RECORD. following statement of their views: The Clerk read as follows: The records of the War Department show that this soldier served from The Committee on Invalid Pensions have considered the bill (H. R. 5260) to July 25, 1862, to January 29, 1864, in Company B, Eighty-eighth illinois In· increase the pension of Thomas Corigan from $30 to $72 per month, and sub­ fantry. He was discharged on account of disability from gunshot wound of mit the following report: hand received at Chickamauga. He has been pensioned for this wound ever Thomas Corigan was a corporal in Company B, Eighty-eighth illinois In­ since discharged, and now receives $30 per month since August 4, 1886. His fantry, enlisted July 28,1862, and was discharged on January 24:,1864. application, filed February 12, 1864., alleged only this wound. A later appli­ At the battle of Chickamauga, September 20,1863, he was severely wounded cation, filed Beptember 11, 1866, states that he also "suffers pain in the neck in the left hand and is now drawing a pension of $30 per fb.onth for that injury, from the effects of a wound there received." In 1887 he cli.Umed that deaf­ the arm being rendered wholl¥ useless by the wound. At the same time he ness had resulted from that wound and states that the ball was removed in was wounded by a buckshot m the neck, and the soldier claims that this the field hospital; in April, 188§~_!le alleged resulting impairment of vision and wound ha.c; affected his spine and has produced epilepsy. of hearing; in :::;eptember, l!SlStl, he refers to "buckshot wound in back of The medical evidence shows that the wound in the neck produces distinct neck"; in February, 1892, he alleged affection of sight and hearing and epi­ crepitus on movement of the neck. The epileptic fits have gradually in­ lepsy as a result of said wound. creased until the soldier is totally helpless and requires constant aid and Mr. STEWART of New Jersey. I rise to a parliamentary in­ attendance and has become almost imbecile mentally. quiry. Can the gentleman from Pennsylvania, by indirection and Tbe Pension Bureau in 1892 holds that it can not accept the "fits" as are­ sult of the wound in the baek of the neck, but no other cause is evident and evasion, defeat in this way the action and vote of this Honse? medical evidence has boon furnished to show that the wound in the neck is The CHAIRMAN. The gentleman from Pennsylvania is not the cause of his present condition. reading. He is speaking. fLanghter.] The soldier's condition is helpless in the extreme, and if the wound in the neck is the cause of his injury he would be entitled to $72 per month under Mr. STEWART of New .fersey. I submit that the gentleman the general law. We are.not disposed to criticise the action of the Pension is reading, and is doing so in direct violation of the action of the Bureau in rejecting this portion of the soldier's claim, but we think that it House. mi~ht have very fairly decided the other way under the evidence and ex­ ammation of the medical boards. The CHAIRMAN. The Chair thinks the gentleman from Penn­ Your committee think that the soldier should be given the benefit of the sylvania is entitled to proceed. doubt to the extent of being raised to the second grade or $50 a month. The Mr. ERDMAN (continuing to read): · · committee is adverse to reporting bills changing the rate of pension as fixed by the Pension Bureau, but in a case of extreme helplessness like the present, In September, 1892, the Pension Bureau accepted the fact that he had re­ where the wound has been followed by such helplessness, and there is much ceived this wound in the neck, but rejected the claim for additional pension evidence to show that the soldier's condition is due to his wound, we are in­ on the ground that he haCL suffered no ratable disability from it at any time clined to relax the rule. since the war, and none of the alleged results were accepted as sequences of Your committee recommend that the bill be amended by striking out such wound. This action was taken after a careful special examination of "seventy-two," in line 7, and inserting" fifty." the claim, and was affirmed by Secretary Bussey on appeal .January 3, 1893. If the case were before us as an original question we would probably have It will be observed that yon are about to overrule General come to a different conclusion from that arrived at by the Pension Bureau, but in the doubt raised in the case we think that the second grade would Bussey. I congratulate you on your success. relieve the wants of the soldier and ought to be granted, especially as the In his deposition before the special examiner in .June, 1892, the pensioner claimant was an excellent soldier, highly commended by_Gen. W. T. Sher­ stated that he received the wound of neck at Chickamauga; that the doctor man, and his severe wounds received in the battle of Chickamaugua are who took the bullet out put a sticking plaster over the wound and it remained clearly shown. until it fell otf. .3558 CONGRESSIONAL REOORD-HOUSE . APRIL 3,

"The first time I felt any serious disability from the wmmd of my neck ment of hisconditionmentallyandphysically, while tho affidavits of two rep­ was about fourteen years ago (1878). I was flagging at a railroad crossing resentative physicians, who are members of the pension board of examiners * * * in Chicago. I fe1t a cloud come over me and I fell down right in the (hereto annexed and made a part of this report), confirm the statements track. * * * It was a hot day just like this. * * * I have had convul­ contained in the petition. sions for the past fourteen years, but not so much until the last eight years. The committee recommend that the bill be amended by striking out. in line I saw the shot that was extracted from my neck. I had it along time. Ilost 7 of the bill, the words " one hundred , and inserting in lieu thereof the 1t. It was a buckshot, and went as far as the point of my ear. The doctor words "seventy-two~, as this will grant to General Fisher a pension equiva­ 8aid to me when he extracted it, 'Pat, if the shot had gone a quarter of an lent to that providea for privates in the volunteer service who are totally inch farther you would never eat any more potatoes.' * * * I WitS not disabled. bothered with the wound of my neck in 1873, but I knew I had been shot in · the neck. In 1875 I was not suffering with the wound in my neck much." His wife, Rosetta Corigan, corroborates his statement as to the first con­ To the Honorable the Members of the Senate and House of Represe?ttatives of vulsion or fit about fourteen years previously. the Conuress of the United States: An examination by medical office1·s of the Pension Bureau September 6, GENTLEirnN: We, the undersigned citizens of the United States, do hereby 1873, reports: "Flesh wound of the neck, not rated"; September 7 1875, most regpectfully petition your honorable body to grant a pension to Gen. "slight flesh wound on the back of the neck, not rated"; September l, 1877, Joseph W. Fisher, formerly of the State of Pennsylvania, and for twenty­ "slight wound of neck, not rated"; June 22, 18!J2, "wound on posterior sur­ three years last past a resident of Wyoming. face of neck size of a nickel, white in color, nonadherent, nondraggin~, General Fisher's military record, which is j)al't of the history of thfllate nondepressed; the vertebrm do not seem to have been injured., but there lB civil war, is, briefly, as follows: He entered the service in May, l861, as lieu­ thickening of soft tissues beneath the inteo-ument." tenant-colonel of the Fifth Pennsylvania Reserves; in Jnly,l!lro, he was pl'o­ From the facts statod it seems reasonabYy clear that the pensioner's pres­ moted to the colonelcy of the regiment; he served as such for the full three ent condition as to epilepsy is not cha1·geable to the slight wound of the neck, years' time of enlistment. When he was mustered out he raised the One but rather originated in 1878 in the manner described by himself and wife. hundred and ninety-fifth Regiment Pennsylvania Volunteers for one hun­ Moreover, be is in receipt of a pension of $1 a day, and the question in­ dred days' service, being colonel of the regiment, and at the expiration of volved is purely one for the dotermina.tiou of the Pension Office, and ,the that term again raised a new rElgiment known as the One hundred and ninety­ committee has repeated1y refused to interfere in the individual adjudica­ fifth Regiment Pennsylvania Volunteers, o:£ which he was colone), and con­ tions of the Pension Bureau in matters clearly within their jurisdiction and tinued in service until January 3L, 1866, when he was finally mustered out of presenting no technical hardship. To pass this bill is squarely in violation service. of the principle enunciated in several adverse reports on bills of this char­ During all his term of service General Fisher was engaged in all the battles in acter, and the minority do earnestly recommend that the bill do lie on the which his variousxegiments participated and was frequently complim~nted in table. orders by his superior officers, all of whom recommended him for promotion JOHN J. McDA.NNOLD. to a brigadier-generalship, and he was appointed brigadier-general by brevet M. R. BALDWIN. in November, 1865. His chief achievement as an ofticer was the taking and C. J. ERDMAN. holding of Little Round Top, at the battle of Gettysburg, at a criticai junc­ The question was afterwards discussed by the gentleman from ture in that battle, which fact was well known throughout the Army. At the time he was finally mustered out of service he was suffering from Virginia [Mr. JONES], the gentleman from Iowa [Mr. HuLL], the disability caused by exposure and hardship in war and has ever since been in gentleman from Iowa [l\Ir. LACEY], the gentleman from Alabama feeble health in consequence. He has sustained four strokes of paralysis and [Mr. STALLINGS], and other gentlemen. is now suffering from the effects ot the last, being unable to apeak fluently and being extremely weak. He is 80 years of a.ge, and has oeen for about The CHAIRl\IAN. The question is, Shall the bill be laid aside four years last past and is now absolutely unable to follow his profession as to be reported to the House with a favorable recommendation? a lawyer (he was chief justice of Wym¢n&" from 18n to 1879), and will never The question was decided in the affirmative. recover sufficiently to engage in any busmess or employment. That he is without means of support. Your petitioners, therefore, pray that a rea on­ JOSEPH W. FISHER. able pension be .granted General FISher, believing that no more worthy case has appealed to the sense of justice of your honorable body. The next business on the Private Calendar was the bill (S. 640) (Here follow nearly 300 signatures.) to ine1·ease the pension of Joseph W. Fisher. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is here by, authorized and directed to place on the pension roll the name of Joseph W. STATE OF WYOMING, County of Laramie, : Fisher, late colonel of the One hundred and ninety-fifth Regiment of Penn­ ' CHEYENNE, WYO., .April13, 1894. sylvania. Volunteers, at the rate of $100 per month, in lieu of the pension he To whom it may concern: is now receiving. This is to certify that I was called to attend, professionally, Hon.• r. W. Fisher, of this city, on December 2i1890, he being the subject of apoplexy, The amendment of the committee, to strike out "$100" and with right hari:riplegia, labial para ysis, and amnesia aphasia. My attend­ insert "$75," was 1·ead. ance continued daily until the 18th of December, 1890, and occasional visits The Clerk was proceeding to read the report, when for a variable period; the dates of the visits have not been kept. At no time since the attack of December, 1 90, has he been in a condition, either 1\lr. ANDREWS said: Mr. Chairman, if there be no objection, mental or physical, to attend to any kind of business, and, owing to his ad­ the reading of the report might be dispensed with, and a brief vanced age, never will be able to earn a livelihood in anl manner. While in , statement of the facts covered by the report might disclose the c-ertain respects he has improved slightly, yet it is not o a. character to hope for improvement, as the attack may recur at any moment and place him in essential features of this case. . a more deplorable state than he has yet been in. Mr. ERDMAN. Mr. Chah"'D.an, I notice that gentlemen on the ROBERT B. GRIMES, M. D., other side are very considerate of my wishes in matters of this Late A. A. Surgeon, U. S. A. kind; and therefoTe I think I must insist on having the report Subscribed and sworn to before me this the Hth day of April, A. D. 189!. read in full. W. P. CARROLL, Justice of the Peace. Mr. ANDREWS. I simply supposed that this matt-er had been fully examined and was well understood by members of the com­ To whom it may concern: This is to certify that I have attended Joseph W . Fisher professiona.lly at mittee, otherwise I would not have asked that the reading of the various times within the past year, and that I find his physical condition to report be dispensed with. be such as to totally disa.We him from manual labor of any sort whatever. The report (by Mr. .ANDREWS) was read, as follows: He has "amnemomc aphasia," resulting from senile degeneration which The Committee on Invalid Pensions to whom was referred the bm (S. 64D) unfits him from all business pursuits where memory, a normal coordination to increase the pension of Joseph W. Fisher, having carefully considered the in thought, and a con.cise manner of expression are required. His condition dur~ a greater portion of the past six months has been such same, adopt the accompanying Senate report (No. 62) as their own, andre­ to require the serVIces of an attendant to supply his wants having been spectfully recommend Its passage. as 1 affiicted with a cata~hal inflammation of the ears, which resulted in the per­ [Senate Report No. 62, Fifty-fourth Congress, firstsession,] foration of the drruns of both ears and an almost entire loss of hearing of the The Committee on Pensions, to whom was referred the bill (S.6!0) granting a pension to Joseph W. Fisher, have examined the same, and report: ri~~~?:;into consideration his age and his present condition of generalseni1~ A simi1ar bill was introduced in the Fifty-tbil·d Congress, referred to the degeneration, it is quite probable that he will require the care of an attend­ Committee on Pensions, examined, reported favorably, and passed the Senate. ant most, if not all, of the time of the remaining _period of his life. The facts are as follows: GEO. P. JOHNSTON, M. D., The object of the bill is to increase the pension of Gen. Jose]:>h W. Fisher, See1·etary Boa1·d United States Examining Surgeons, Cheye1me, Wyo. late colonel of the One hundred and ninety-fifth Regiment of Pennsylvania April7, 189!.. · 0 THE STATE OF .WYOMING, County of Laramie, ss: V ~~~:f~~~ ftOt~:rb~= toor; Eflthe cl~ war entered the service a.q a lieutenant-colonel of the Fifth 'i>ennsylvania Reserves, and in July, 1862, he George P. Johnston, being first duly sworn, deposes and says that the facts was promoted to the colonelcy of the regiment. He served as such for a full contained in the foregoing statement are true. term of three years, the time of enlistment. Being mustered out, he raised GEO. P. JOHNSTON,M. D. the One hundred and ninety-fifth Regiment Pennsylvania Volunteers, and at Subscribed and sworn to before me this 11th day of A_pril, A. D. 1894:. the expiration of their term of enlistment he again raised a regiment known [SEAL.] LOUISE S. SMITH, Notary Public. as the One hundred and ninety-fifth Regiment Pennsylvania Volunteers. He continued in the service until January 31,1866, when he was finally mustered Mr. TALBERT. Mr. Chairman, I had no objection to the pas· out. sage of the bill which was before us a few moments ago-the bill He was en~aged in all the battles in which his regiments participated, fre­ quently received the compliments of his superior officers, was recommended in the caRe of :Mr. Thomas Corrigan. In the last session of the for the :position of brigadier-general, and was appointed brigadier-general by Fifty-third Congress that same bill passed, and I voted for it. I brevet m 1865. He performed conspicuous service at the famous Little learned from the gentleman from Iowa (Mr. HuLL1 and his col­ Round Top at the battle of Gettysbur~. At the tune General Fisher first enlisted he was past the military age, but league [Mr. LACEY] that his case was mentorious. f investigated he served during the entire war and came out of the war broken down in it myself and found that the applicant deserved what the bill health, and has suffered from the exposures and hardships of the war ever asked for. I found that he was a true, a tried, a brave, and gal­ since. He has had four different strokes of paralysis; he is 80 years old and is well-nigh helpless. He is by profession a lawyer. He held the office of lant soldier [applause], who had never turned his back upon the associate justice and the office of chief justice of the supreme court of the enemy except in a legitimate retreat. I found he was a soldier Territory of Wyoming for a number of years. He has no means of support, who had been complimented as one of the bravest that ever fought and is totally diSa.bled for mental and physical work. in any army. For these reasons, I made no objection a while ago A ~tition signed by several hundred representative citizens of his town (which is hereto annexed with the omission of the signatures) gives a state- to the passage of the bill giving t~at brave old man something 1896. CONGRESSIONAL RECORD-HOUSE_. 3559

with which he could take care of himself in his declining years. tice that he does not do to himself, and I accept the correction But, l\Ir. Chairman, right upon the heels of that bill comes this, offered by the gentleman. which, like many others that have passed this House, discrimi­ But I repeat, the House, under whip and spur, put in a pension nates against the gallant private soldier in favor of the officer, for a man and carried it through, when there is not a scintilla of and I am opposed to it. I hope it will not become a law. evidence showing that heever enlisted in theArmy orthathewas :Mr. PICKLER. The gentleman will allow me to suggest that ever forced to go onto the battlefield; that he ever heard the this pension is not based upon the rank which this man held. If firing of a gun; that he was ever compelled to take photographic he had been only a private, and were in his present condition, he pictures of the contending forces or anything else, and the evi­ would get S72 a month. He is 80 years old, and has had four dence in this case shows still further that he had only a little attacks of paralysis. · scratch in the back and claims that that scratch caused him to go Mr. TALBERT. Yes; buthiscaseisnot presented here as that blind without any evidence whatever beyond the mere assertion. of a private, but because he is an officer. For what appears in the report cif the committee was not satis­ Mr. PICKLER. We can not reduce him. factory to the House or anybody else. Mr. TALBERT. The reason adduced in the report in favor of Now, Mr. Chairman, I want to be particularly understood on granting this pension is that he is an officer; that is the inference this question, for I claim to represent no men or set of men who drawn-thattheremust be adiscrimination in his favor as against oppose on this floor any claim which is just and light for the the private soldier. I am opposed to any such discrimination. It granting of pensions. I oppose no claim that is based in justice is not right. It is not proper. It is not just. An officer is no and founded in right. All I ask is fairness and honest dealing in better than a private soldier. these matters. I will oppose any pension that is not based upon Mr. LIVINGSTON. Does the gentleman note the fact that this fairness, that is not based upon principle, and upon right, notwith­ man has had four attacks of paralysis? standing any arbitrary rulings that have been made to the con­ :Mr. TALBERT. Yes; and it seems to me his case is somewhat trary; and the opposition that I make to such cases is entirely in like that of the man whose case was before us the other night, harmony with what I believe to be the proper principle of our who, according to the statement of his di~ability in the report, was Government; for I am advocating principles that are founded on about six-tenths beyond being dead. And I voted for the bill so the solid basis of everlasting truth and justice. that he might have enough money to pay his funeral expenses. Mr. STEWART of New Jersey. Will the gentleman allow me [Laughter.] a question? Do you think it right and just or gallant on the :Mr. Chairman, I sat here to-day and witnessed the unpleasant, part of a man to assail the Speaker of the House in his absence? uncomely, and unusual spectacle of an attempt to stifle debate. Mr. TALBERT. I never knock a man in the back before his I witnessed the unpleasant and uncomely attempt, by means of the face, my friend. [Laug~~~~ And I want it understood that I previous question, to railroad through these undeserving hills­ am not one of those who · that "the king can do no wrong., bills having no merit in them whatever-bills which, by the appar­ I have rights on this floor as well as the Speaker or anybody else; ent tyrannical and arbitrary rulin~s of the Chair, were passed and I am one of those who dare to assert them. I make no charges without giving anyone an opportumty to .make an explanation or upon the Speaker. to learn something about them, or to have any light thiown upon Mr. LIVINGSTON. That is, "My king can do no wroJ).g '~? them by discussion. Mr. TALBERT. Well, I have no doubt that thB gentleman We passed here to-day two bills giving pensions to remarried who asks the question might do a little wrong, if he tried 1ight widows in violation of all law, in violation of every principle of hard. right. Not that I am opposed to the remarrying of widows, for Now, I want my position partieularly understood on the ques­ ' I wish they were all married, but the law says when they remarry tion of granting pensions. [Cries of "State it I"] they relinquish their right to the pension; and this House has no My friends, I am making this speech now, but if you want to more right to violate the law than the p1ivate individual has. make one I will wait until you get through. [Laughter.] I am This was done to-day; and I claim that it is not right, for when a like the gentleman from Maine or the gentleman from Hawaii, I widow remarries, knowing the effects of the law, she has no claim do not know which. But I have the floor; I have got it now, and upon Congress for restoration to the pension roll. She relin­ I mean to hold it. quishes voluntarily her claim. I feel myself backed up in the position I take by the old soldiers But, Mr. Chairman, upon the heels of that, under whip and of this country, and touching on that very subject I send to the spur, the Chairman and the distinguished chairman of the Com­ desk to have read a letter that I received from an old soldier from mittee on Invalid Pensions railroaded through the House a pen­ the town of Olney, Ill., on this subject, a letter received this sion for the widow of a man who was only in the·Army three afternoon, by which I am justified in saying that the soldiers of this months, who never heard a gun fired, and who was never in an country appreciate the stand that has been taken in support of engagement with the enemy-that is, there is no testimony to show justice and right on this floor. that he was-who claimed that his deafness asserted as his disa­ I ask the Clerk to read this letter. bility arose from the firing of a cannon that never was fired and The Clerk read as follows: that he never heard. [Laughter.] I submit it was not right. I OLNEY, ILL., JJlarchS1, 1B96. rose in the House when the bill was under consideration and asked MY DEAR SIR: I have been reading in the CONGRESSIONAL RECORD the if it was in order to offer an amendment to the bill to make it deba~ in Congress and I hav.e about come to the conclusion that you are ab?ut as t~ue a friend as ~he real soldiers have in this Congress. Now, I am "not granting a pension." The Speaker decided that it was in gomg to :ie you something to work on. I was one of the very first men in order to amend it, and I made the motion, but it was ruled out, after this coun to enlist. I enlisted on the 17th of April, 1861, three months; re­ it was presented to the House, and no debate allowed at all. I say enlisted an was mustered out of the service February, 1865, on account ol a gunshot wound which took my leg off. While I was being hauled to the hos­ it was arbitrarily done; it was tyrannical; it smacks, sir, of arbi­ pital at Atlanta, Ga., my leg all inflamed, swelled up, and got worms in the trary power; and I say we should rebuke such conduct, for if we wound, and the consequence is that there is not fiap enough over the stump; do not do so we are laying the foundation for despotism and consequently my leg has been bleeding more than one-half the time, and am and have been for thirty years poulticing and bathing in cold water in order anarchy in this country; the premonitory symptoms are already to get a little rest at night, and my wife has all these long years been up and upon us. It is not right. down of nights n111·sin~ me; so she, too, has lost her health. She has washed I rose when the next bill was under consideration and made a these old bloody stockings. Now my friend, if you will take the trouble to go down in the Pension Office and look at account for increase No. 655!i0hyou similar inquiry as to an amendment, and made the same motion, will find just what I have told you; will find that in the last two years I ave but was again ruled out of order. I was thereby refused an oppor­ been totally helpless. My claim was r ejected ooca.uso I was drawing all the tunity of amending the bill. law allows for a man with a leg off. They did not take in consideration that there is not another case in the United States like this one. 1\Iy family phy­ A MEMBER. But that was done under ·the rules of the House. sician here is one of Mr. Cleveland's appointees, and he told me to·day to The previous question had been ordered. write you and when some of these camp followershwagon masters, or pho­ Mr. LIVINGSTON. I know my friend from South Ca1·olina tographers are up have you move to strike out t e name and insert my name. Hon. BEN ON WOOD introduced a bill for me, but I wrote him to does not want to do the Speaker of the House any injustice or any drop the private bill and work to get a certain general bill through which wrong, especially in his absence. The bill to which the g-entleman would apply to wounded men like me. alludes came from the Committee of the Whole, and was debated Now, my friend, I can assnro you that the old soldiers are getting mighty in the Committee of the Whole, and amendments consid"8l'ed and tired seeing General So-and-So's wife getting $100 per month, when our poor wives have sat by our bedsides, night after night and day after day, dressing adopted. It was not subject to amendment in the House after our old wounds, and they have been put off with and $12per month. I sup­ the previous question was ordered, and the Speaker. of the House, pose THOMAS is afraid he will offend some of the Moneybags if he allows a on the demand of the chairman of the Committee on Invalid Pen­ bill to go through helping wounded soldiers and their wives. I am · really entitled to $72 per month. I have not boon out of my room but four times in sions, submitted the question, and the House ordered the previous five months, and am aware that I have not long to stay on this earth; but question. It was the action of the House itself, and the Speaker what I want-if you think you could get my pension raised-I want a clause was simply carrying out the rules of the House. in the bill that if mywifeliveslongerthan I do sheistohave the same amount until her death. I do not want to displace anyone that has merit, but l do There was no opportunity for the gentleman to .submit his not like to be put in with deserters. If you will, please write me what you motion to amend after the previous question had been ord"Sred by think of this kind of a proposition before you try. Dr. Foster told me to write you and see what you thought about it. t he Hause. f .Applanse.h Respectfully , Mr. TALB~RT . We , that may be; but I do not think there JOHN S. COOHENNOUR, ·is anything to laugh about. I do not wish to do the distinguished Late Captain Company H , Sixtieth Regiment Illinois Volun.teera. g entleman any injustice, and certainly will not do him any injus- Hon. JASPER W. TALBERT. 3560 CONGRESSIONAL RECORD-HOUSE. APRIL 3,

During the reading of the above, thing else. Do you remember the time when this old soldier's pen­ Mr. GIBSON. I want to inquire whether the correspondent of sion was raised in common with that of every other soldier who the gentleman is in a lunatic asylum? had lost a leg or an arm? Do you remember when the pension of Mr. TALBERT. That shows what the gentleman thinks of the every such man was raised from one rate to a higher rate? old soldiers, after he has been spending every evening here pretend­ Mr. TALBERT. I suppose he is rated according to his disa­ ing to advance their interests. bility. This is a brave soldier, and he is not afraid to express his views Mr. GROSVENOR. I am asking you whether you have any in reference to matters pending in the House of Representatives. knowledge of the change in the law that raised his pension and Besides that, he is not under bond for libel or anything of that sort, the pensions of all the legless and armless pensioners from one and he is no lunatic, either. grade up to a higher one. Mr. PICKLER. Mr. Chairman, I ask, if this letter is to be read, Mr. TALBERT. I suppose he has a rating; but as to keeping to have it read. Let us go on with the consideration of this bill. up with all the laws that you people make, it would take a faster The Clerk resumed and concluded the reading of the letter as man-as fast as I am-it would take a faster man than I am to above. keep up with them, you change then:i. so often; but of course I Mr. TALBERT. Now, Mr. Chairman- recollect"'this instance. Mr. NORTHWAY. May I ask the gentleman a question? :Mr. GROSVENOR. I want to ask you if you have any knowl­ Mr. TALBERT. I want to ask the gentleman from Tennessee edge of how many Democrats voted for that increasein the House f},Ir. GIBSON] if he thinks that letter sounds like a letter written of Representatives? oy a lunatic? Mr. TALBERT. I am not dealing in statistics just now. We Mr. GIBSON. I will take it all back. are discussing pensions and not statistics. Mr. TALBERT. I am glad to hear that. I forgive the gentle­ Mr. GROSVENOR. If you will find out, yon will learn a great man, and I hope God and this House will. [Laughter.] deal. Mr-. NORTHWAY. Have you introduced a private bill to help Mr. TALBERT. The other day when I asked the gentleman this man? how much money there would he.ve been in the Treasury if the .Mr. TALBERT. I just got the letter to-day, and I stand ready income ta:x: had not been repealed he did not answer, but went off to advocate anything that old soldier wants in reason and equity, into the high seas and went into piracy. [Laughter and cries of and I want to say I stand ready to fight deserters and teamsters "Vote!"] and photographers and everything of that kind, and I do hope Mr. ERDMAN. Why is it that this Republican House and gentlemen on the other side of the House will have manhood Republican majority-- enough, after hearing that letter, to rise up and not bring in any The CHAIRMAN. The gentleman from illinois is recognized. more such unmeritorious, infamous, scandalous bills as they have Mr. ERDMAN (continuing). Of theinvalidPension Committee. been bringing in heretofore. The CHAIRMAN. The gentleman from Illinois is recognized. Mr. NORTHWAY. If you will introduce a bill in behalf of Mr. TALBERT. I have the floor. I yielded to the gentleman that man I will stay here and vote for it, if I have to stay until from Pennsylvania for a question. midnight, or I will come up to-morrow night to vote for it. The CHAIRMAN. The gentleman did not address the Chair, Mr. TALBERT. The gentleman from illinois [Mr. WooD], as and the Chair had no knowledge of that private conversation. the letter says, has that bill in charge. Mr. TALBERT. I yield to the gentleman from Pennsylvania. Mr. NORTHWAY. I will vote to give that man $72 a month. Mr. PICKLER. He has no time that he can yield. Mr. TALBERT. Plea-se let me say I did not have that letter Mr. TALBERT. I think I have. Ihavemoretimethanmoney; read to create any laughter or anything of that sort. I had it and I expect the gentleman from South Dakota is in the same con­ read in good faith. I believe it ought to have been read here to dition. fLaughter.l show the sentiment of that grand old soldier who is lying suffer­ The Cll.AI:RM.AN: The gentleman says that he yielded for a ing to-day, with an invalid wife. question. Mr. PAYNE. Will the gentleman allow me to ask him a ques­ Mr. ERDMAN. Why is it that this Republican House and the tion? Republican Committee on Invalid Pensions, the majority of them, Mr. TALBERT. Certainly. have had before the committee for four months a bill to increase Mr. PAYNE. If I understand the gentleman, he is in favor of the rating of the armless and legless which it has not reported to giving $72 a month to this old soldier who has written this letter. this House at all? Is that true? Mr. TALBERT. I will answer the gentleman as far as I am Mr. TALBERT. This old soldier does not ask for $72 a month. able. I wa:fl.t to give him a correct answer, and if I do not state Mr. PAYNE. Yes, he does, in that letter. it right, I want tO be corrected. I suppose they have not got Mr. TALBERT. One thing that he asks for is to be put upon through the bills for all the camp followers and coffee coolers and an equality with some of these colonels and generals who never deserters. I suppose when they get through with them, they will smelled powder, who were always in camp-a great many of report the bill. them-and who knew nothing about it, but viewed the battle from Mr. WOOD. :Mr. Chairman, as the letter which has just been afar off. read has introduced my-- Mr. PAYNE. Are you willing to vote this old soldier $72 a Mr. TALBERT. I want to say, Mr. Chairman, just right month, as he asks in this letter-this private soldier? here- Mr. TALBERT. My friend, I want--to say that I will advocate The CHAIRMAN. The gentleman from Illinois has the floor. what is right for this old soldier. Mr. TALBERT. I have the floor. I submit that I have never Mr. PAYNE. You said you were willing to give him what he yielded the floor. wanted. Now, are you willing to give him $72 a month? The CHAIRMAN. The Chair understands that when the M.r. TALBERT. Introduce a bill and try me, my friend. I gentleman started away, after closing his remarks, that he had never answer a question until I reach it. I never cross a bridge yielded the floor, and has recognized the gentleman from Illinois. until I get to it. But you show your willingness first to do your Mr. TALBERT. Now, I understand that the Chair has the duty. [Laughter.] right to so decide, and I have no objection. Mr. PAYNE. If you are willing to give that soldier $72 a The CHAIRMAN. The gentleman is out of order and will month, why do not you allow the committee to give this other take his seat. soldier from Illinois $·72 a month, as asked in this bill? Mr. TALBERT. I will stand up, if I see proper, but of cohrse Mr, TALBERT. I will answer your question by asking another. I yield to the Chair. Why is it you stand up here night after night and vote to put Mr. WOOD. I will occupy the attention of the committee but bummers and deserters and camp followers ap.d coffee coolers a very few moments. As my name was introduced in the letter along with such men as he is? .dnswer that question. [Applause which was read at the Clerk's desk addressed to the gentleman and laughter.] from South Carolina [Mr. TALBERT], I will just state here that Mr. PAYNE. I never have done it. I have not voted for any Captain Cochennour, the writer of this letter, is personally known of that class. to me, and a more gallant soldier never went out from any State Mr. TALBERT. I say you have done it, and the RECORD shows in the Union. He lost his leg by a gunshot wound in a charge at it. I appeal to the RECORD. the battl.e of Jonesboro, Ga., September 1, 1864. It is true, as Mr. BURRELL. We did not have that kind of men in our army. that letter has stated, that, realizing the fact that some pension Mr. TALBERT. Yes, sir; you had a number of them, and they legislation was needed in behalf of the legless and armless soldiers, were in every other army that ever existed, and you know it. he generously requested me to withhold his bill until a general act Mr. GROSVENOR. I want to ask the gentleman a question. could be put through Congress that would cover all ca-ses. . Mr. TALBERT. I do not know that I am standing a civil-· I wish that everyone who was a claimant on the bounty of the service examination. [Laughter.] But my old friend is so good­ Government or the just dues of the Government had taken the natured-and I know he wants to ask something about McKinley. same honorable course he has. There can be nothing said against ~aughter.] · the character of that man. He is a good citizen. His neighbors Mr. GROSVENOR. It will fill up the time just as well as any- about him, who know his condition, have written me repeatedly 1896. CONGRESSIONAL RECORD-HOUSE. 3561

since I have been here. The fact is, that the stump of that leg Why ca11.,.we not do that? Why can we not behave here like Con-­ has not healed entirely in all these thirty years. I am glad that gressma.:n-..ought to do; and why can we not legislate for the bene-­ this matter has come up, for I desire to give notice to the com­ fit of the old soldier? mittee that on the first opportunity I shall ask unanimous consent Mr. PIQKLER: Simply because the gentleman from Pennsyl­ to have the bill increasing his pension brought before the House vania will not let us do so. and put upon its passage. That is all I have to say. Mr. LIVINGSTON. Now, the gentleman is becoming personaL Mr. TALBERT. Mr. Chairman, I only intend-­ What I desire is that we shall stop all this personal crimination. Mr. PAYNE. I rise to a point of order. and recrimination. We ought to do it. All I am saying now is. Mr. TALBERT. I just desire to say that I did not-- in the interest of the soldier and on behalf of the credit of this.. Mr. PAYNE (continuing). The gentleman has already been House and this Congress, and on behalf of the peace and sobriety­ recognized once upon this question-- of spirit-which should characterize our action at these Friday- Mr. TALBERT. I desire only to make an explanation. night sessions. r Applause.] . & Mr. PAYNE (continuing). And he can not be heard again Mr. POOLE. Mr. Chail·man, on last Friday night we had a­ without consent of the committee. speech from the gentleman from illinois [Mr. CONNOLLY] attack­ The CHAIRMAN. The Chair holds the point of order well ing the work of the Invalid Pension Committee. To-night a simi­ taken. lar attack is made ·by the gentleman from South Carolina [Mr. Mr. TALBERT. I rise to a question of personal privilege. TALBERT]. It is time that these attacks should be met by the In­ The CHAIRMAN. The gentleman will state his question of valid Pensions Committee, and I propose to meet them in a few personal privilege. . words here to-night. I call attention to the words spoken by th& Mr. TALBERT. I just simply desire to say, in reference to gentleman from Dlinois [Mr. CoNNOLLY] on this floor last Friday what the gentleman has said, that I introduced that letter in good night: faith, and without having any thought of raising all this hulla­ Mr. Chairman, I say I can not understand what it is that actuates this Com­ baloo; but that it might be brought up in this way and that it mittee on Invalid Pensions to neglect the bills that are pending before them. for sure-enough soldiers, men who carried sword and musket and stood in the­ might do good. I disclaim introducing it with any disrespect to forefront for years, but who can not bring themselves now within the strict. that old soldier or to have any levity about it. I did it in good letter of the law so as to obtain pensions under the general law. faith, am not ashamed of having done so, and I will stand by it, Again, the gentleman from Illinois said: no matter how many points of order the gentleman from New As to that class of bills, billq giving pensions to soldiers and to their widows, York may raise. rLaughter, and cries of" Vote!" "Vote!"] the sentiment that has inspired the enactment of special laws of that kind Mr. LIVINGSTON. Mr. Chairman, I understand that these has 1Jee~ app!oved ~or twenty-five years _by ~he p~ople 9f this country. W& are JUstified ill passmg them; but are we JUStified ill lettillg such claims sleep. Friday night sessions came into existence for the purpose of meet­ and bringing to the front bills for teamsters, photographers, camp followers ing emergencies that are not provided for under the general law. of every grade and kind, and giving them pensions, while the soldiers who­ These cases that come before us at Friday night sessions are those are really entitled to pensions are one by one dropping into their graves not covered by the general statutes. Now, I find that on this floor dying in poorhouses, or living upon the crumbs of charity? ' there are two extremes that are very damaging to the old soldiers; Now, Mr. Chairman, if those words are true, if this Invalid and I want to say to my friends on both sides of the House that Pensions Committee has been guilty as thus charged, we deserv& they do an injustice to themselves and to the old soldier by taking the censure not only of this House, but of the entire country. these extreme positions. We have some men on our side who But I say, 1\f:r. Chairman, those charges are a base slander. There­ seem to be opposed to any kind of pensions; you have men on your is no committee of the House that has such hard work as the Com­ 8ide [addressing the Republican side] who are willing to burden mittee on Invalid Pensions. We do not originate many of thes& this country with any kind of a pension. bills ourselves. We take them as members present them to our Mr. ERDMAN. Will the gentleman allow me to ask him a committee, examine them and the testimony submitted; and I wish question? to show what we have accomplished in that direction. There have Mr. LIVINGSTON. Yes, sir. been presented to the committee 1,863 private pension bills. We Mr. ERDMAN. Have you heard any gentleman on this side have made favorable reports in 261 cases up to the 1st day of April. express himself as opposed to all pension legislation? I claim, Mr. Chairman, that the committee has been unjustly Mr. LIVINGSTON. No, sir. attacked, and I wish to show in a few words what we have done Several MEMBERS on the Republican side (addressing Mr. ERD­ and say something in defense of our action. As I said, sir, w& MAN), You are! have made favorable reports in 261 cases. There have been prob­ Mr. ERDMAN. No, sir; I am not. ably three times that number of bills presented that we hav& Mr. LIVINGSTON. Now, Mr. Chairman, there is no man on examined and rejected individually as members of the various this side or on the other, whether he be Democrat, Populist, or subcommittees who had them to consider. Republican, who ought not to vote for every meritorious case that Of the bills report-ed-and I want the House to distinctly under­ comes before this body at these Friday night sessions. At the stand just the class reported, and then if we have been guilty of same time the chairman of the committee and the gentlemen who bringing teamsters, photographers, and camp followers to the stand behind him on his side of the House ought to be extremely front, and relegating to the rear the soldiers who carried muskets careful that they do not put before the House unmeritorious cases. and who served the country faithfully, we are willing if that fact If both sides we:!:e thus careful, all this contention and all this loss is exhibited by the work we have done, to accept the censure of of time would cease.· the House. The following bills were reported by the committee: It is true we should not have so much political capital on which Invalid, ori~al and increase of pension ______------_------____ 100 Widows, original and increase of pension ______------106 to go beforeourpeoplewhen we come to stand for reelection; but Dependent mothers .• ------______1u at the same time the old soldier would fare better. We should Nurses_------.------______3 have less turmoil and strife in this House at these Friday night Minors.------_-----_----·_-----_.----_-----_------_------_------1 sessions. I am not here to-night to make any speech; but I do Permanently helpless: Dependent daughters of soldiers _------13 wantto say to the chairman of this committee, in all candor, that 1 1 during my membership of this House there have been brought E:~:~~:~~ ~?a~~! ~~ ~fdi~r8-~~~~~--~~::~: :_-_---~~~--~:~~ ~~:::~ :::_·~~::~~=: 2 · here on Fridavnights and on private-bill daypensioncaseswhich State militia disabled while in United States service_------_------4 Contract surgeon ______------______------1 ought never tO have been passed, but which have been railroaded Civilian employees injured in United States service ______------3 through. It was a dishonor to the old soldier, and it wa-s no honor 2 to the chairman of the committee and the majority of this House, ~~~!~~~~~e~~~,fe~~~-~~-::::::::::::~:=:~:=~====~=~=~=~~~~=~~==: 1 Widow of scout and guide (spy)_ ------____ ------_------2 to put through such pension bills. And on the other side of the Foster father ______------____ ------1 House the opposition at times to gentlemen on our side who were Stepmother_------1 conscientiously opposing pension bills was not at all creditable. Mother of civilian employee (boy drowned) ______------___ _ 1 That is true also. Mr. PICKLER. Will the gentleman from Georgia state what Total _------_----- _----- _----- _----- _------_----- __ ---- __ ---- 261 case has been reported this session from our committee which Total number of private bills referred to committee up to April L----- 1,863 Total number of public bills referred to committee up to April L ------121 ought not to have been reported? Total number of Senate bills referred to committee up to April L_____ 103 Mr. LIVINGSTON. Well, I am not going to pa1·ticularize cases. Total -----· _----- _----- _---·· ____ ---- _----- ______--- __ ---- 2, 08'T Mr. PICKLER. I want to say to the gentleman from Georgia It will be seen, therefore, from this table that there have been that the most questionable case we have reported in this House at 261 bills favorably reported by the committee in all. In addition this session is one which was favorably reported in the last House. to these bills, as will be seen by the same table, we have had 121 / Mr. LIVINGSTON. What I want to say is this: If the chair­ general bills under our charge for consideration. We have also man of the committee and the majority of the House will only had from the Senate 103 bills, making a total of 2,087 bills all told take up meritorious cases, I shall insist with all the power and that we have had for consideration in the committee dm·ing the­ influence which I may have that gentlemen on this side of the present session of Congress. House shall let such bills go through without opposition, without I claim that from this record it is demonstrated, beyond any dilatory motions, and without unnecessary consumption of time. reasonable doubt, that we have worked faithfully and earnestly 3562 CONGRESSIONAL RECORD-HOUSE. APRIL a,

on this business and that we have not relegated the invalid sol­ Mr. POOLE. He certainly did complain that all this class of diers and their widows to the rear and brought forward the camp bills-bills for sure-enough soldiers- had not been presented and followers and photographers and others of that class, as has been considered, but I claim it is a base slander. alleged on this floor. !Ir. MILES. Do we not sometimes have the custom in our The case of that photographer, which was argued with so much committee of giving such bills·as that a pocket vet-o? spirit a week ago, and in reference to which the gentleman from Mr. POOLE. Oertainly we do. I can prove by my own record illinois [Mr. CONNOLLY] made such an attack, was a case of un­ that I have been compelled to abandon more bills than I reported, usual hardship. I do not propose, Mr. Chairman, to go over the and I have reported perhaps as many bills as any other member evidence in the case again, but merely wish to state that this was of the committee. We do not waste your time, gentlemen of this the man who was wounded in the -service of the Government un­ committee, by presenting bills to you that have no merit. W e der circumstances, as I have said, of peculiar hardship; and we present those bills that om· consciences tell us are right. believed that it was only right and proper that he should receive Now, we were taunted by the gentleman from Pennsylvania a pension, and thought ~e w:ere fully jus~ed i? ~ving him the rMr. ERDMAN]' at the last Friday night meeting of this committee, • pension of S30 a month m v1ew of the te1~nble 1.1lJUl'Y he had .re­ that we did not pass these bills. Who is to blame? It is n ot the ceived. He was wounded, I repeat, while domg duty, taking Committee on Invalid Pensions; it is the gentleman from Penn­ photographs of the earthworksof the enemy, by the directrequest sylvania [}rir. ERDMAN], who has fought us every night and done of Maj. Gen. John J. Peck. everything in his power to prevent our passing these bills-bills But now let us turn our attention for a few moments to the that he knew were meritorious. [ Applau e.] bills that the gentleman from illinois rMr. CoNNOLLY] introduced, Mr. ANDREWS. Mr. Chairman, with the forbearance of the a gentleman who seems to be so much better than the rest of us. committee, I should like to add just a word or two, in order that Let us see what bills the gentleman from illinois presented, be­ we may return to the bill under consideration and give a mo­ cause we must take the bills that the members present, not our ment's attention to its merits. own bills, for consideration before our committee. It is right, of The beneficiary named in this bill is in such a helpless physical course, that we should expect this gentleman only to send us such condition that he needs and must have one attendant con tantly, bills as would take care of the interest of what he calls the'' sure­ and two att-endants a greater portion of the time. All of the facts enough soldiers," the old soldiers, the men who carried the mus­ presented in this case and stated in the communications t.hat kets and performed hard duty in the field, and we should not came to me before the bill was recommended for passage-led me expect that any b~ coming .from th:~t source woul9- be open .to to the conclusion that if there is any meritorious case for Oon· the slightest question as to 1ts propnety or the WISdom of Its gress to pass upon this is one of the meritorious cases. It must passage in the House. Let us examine, then, the character of bills be remembered that this man is 80 years of age, that his life per­ the gentleman has introduced and see whether they come up to chance may close any day. I will not intrude upon the forbear­ his standard. ance of the committee further, but hope we can now have a vote. The first bill I find is the bill (ii. R. 4184) "granting a pension The CHAIRMAN. The question is, Shall this bill be laid aside to Nancy Hollenbank, formerly Nancy Boaz, formerly Nancy with a favorable recommendation? Yeley, a hospital nurse duYing the war of the rebellion." She did Mr. ERDMAN. Mr. Chairman------not carry a sword or musket, and does not come under the head The CHAIRMAN. Those who favor laying aside the bill with a of the class of soldiers which the gentleman· from lllinois thinks favorable l'ecommendation will say ''aye." should only be pensioned. That is the first bilL The second was The affirmative vote was taken. a bill granting a pension to William C. Estell, a disabled depend­ :Mr. ERDMAN. :Mr. Chairman-- ent son of a soldier. It maybe avery worthy bill. I do not attack The CHAIRMAN. Those opposed will say "no." the bill at all; I am stm:ply asking attention to those presented by The negative vote was taken. the gentleman from lllinois, who says that we al'e bringing the The CHAIRMAN. The ayes appear to have it; the ayes have camp followers to the front and relegating the old soldiers to the it, and the bill is laid aside to be reported to the House with a rear. I only want to call attention to the character of the bills favor.able recommendation. that he has introduced, to see how they compare with those this committee has reported. I want to let you see what bills he has AGNES A. BLACKMAN. presented for consideration. The th~r~ bill is House bill 7628, The next business on the Private Calendar was the bill (H. R. which proposes to put the name of W1ll1am T. Evans, late a hos­ 2151) to restore to the pension rolls the name of Agnes A. Blackman. nital steward, on the pension rolls; a man who never carried The bill was read, as follows: a musket, who never carried a sword. That is the third case. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, The fourth bill that he presented for consideration was to pension authorized and instructed tore tore t o the p en sion rolls the name of Agnes Hannah Bailey :Munson, a nm·se, a woman, who never carried a A. Blackma.n, widow of George C. Blackman, brigade surgeon, United States sword or a musket. Those, gentlemen, are the only bills that the Volunteers, cel'"tificate No. 340324:, at the rate of $t! per month. gentleman from illinois [Mr. Co~"NOLLY] has presented to our :Mr. ERDMAN. Let us have the report. committee for pensioning what he calls sure-enough soldiers. But ·The report (by :Mr. KERR) was read, as follows: upon looking over the r ecord I find that in addition to those bills The Committee on Invalid P ensions. to whom was referred the bill (H. R . he has presented to the Committee on Military Affairs some bills 2151) granting a pen sion to Agnes A. Blackman. having carefully considered for the benefit of men who were possibly sure-enough soldiers. the same, r espectfully submit the following report:. This bill grants a p ension of S8 a month to Agnes A . Blackman, as widow of The first one was the bill (H. R. 4183) to remove the charge of de­ Geor ge C. Blackma.n, a brigade surgeon in the war of the rebellion. sertion from Peter Gehm. That was a bill for a man who possibly This woman app-lied for pen sion under the old law. and pending the deter­ at one time did cany a musket. But he deserted. mination of that claim sh e applied for and was granted a pension of SS per month under the law of 1 90. :Mr. McCALL of Tennessee. What became of that man? After this she presen ted h er claim under the old law l:fnd in that investiga.- :Mr. POOLE. He deserted from the service of the United States, 0 and now the gentleman from lllinois [Mr. Co ~ NOLLY] is trying tiD~ ~~l~d~~~n; :dt'b!~~ -:~~~ld ~:~rdlv~r:c~ei~ Ki'n~~lan~~;r~soius to restore his record, and possibly at the next Congress he will marriage to this w oman. This divorce was a limited one, and fhe question w whether un der it t his sub equent marriage was legal. present a bill to pay him a pension. Befor e entering into t his second marriage Dr. Blackman took the advice of The second bill, and the only other bill he has presented for a eminent counselhan d h e was advised that he was per fectly free to marry sure-enough. soldier, was H. R. 5931, to remove the charge of de­ again. and that t e m arriage would be·.:valid. . While the matter was pending in the Pension Office an autograph opin.ion sertion from William C. Johnson, another deserter. of Justice Stanley :Matthews and ex·Attorney·Genoral Alphonso Taft was Those, Mr. Chairman, are the only bills that the gentlemanfrom filed, in which ophrion they declared th:l.t the second marriage was valid. illinois has presented to this Congress for the consideration of any Notwithstanding these opinions the law clerk of the P ension Bureau decided against the validity of the marriage and her claim was rejected, and· her committee that benefited any man who had ever been a soldier. pen sion under the law of 1 90 stopped. Now, Mr. Chairman, I do not know what his purpose was in mak­ The law question appears in the following facts. Prior to 1853 the law of ing this attack upon our committee. Kentucky r elative to divorce was as follows: " CHAP. 47 ART. 3, SEc. 2. No decree of divorce shall authorize or permit Mr. CONNOLLY. Will the gentleman allow me? the party obtaining the same to ma.rry again until one year after the final 1\Ir. POOLE. Wait a moment. You had the iloor last week. d ecree except when it is herein allowed in favor of both part ies, et c. It may be possible that the gentleman made this attack last week "SEC. 8. A divm·ce from boo and board shall operate, as to property there­ after acquired, and upon the personal rights and legal capaCities of the par­ because early in this week there was a Congressional convention ties, as a divorce from the bonds of matrimony, except that n either shall in his district, and it might have been necessary for him to let the marry again during the life of the other and except, etc. people in his district and the soldiers there know how much he An act approved March 10, 18M, repealed the provisions limiting the right was doing for the old soldiers of illinois. to remarry and is as follows: Now, I clo not attack these bills which he has presented. I do "An act to amend the third article of the Revised Statutes, entitled' Divorce not think the committee have examined these bills. The subcom­ and alimony.' mittee having chru:ge of these bills from Illinois has not yet found "Be it e11acted, etc., That a party obtaining a divorce m!l.y marry again at any time after the final deere was rendered; may mar1-y again at any time enough merit in them to present them to the entire .committee. after one year from said deer e." Mr. MILES. I should like to ask my friend a question right The law clerk held ~hat this did notren.chtheCMe ofpm·sons divorced from there. Did not the gentleman from Illinois [Mr. CONNOLLY] com­ bed and board, for the reason that it could not be p,resumed tmt the legisla· ture intended to make a divorce from bed and board the equivalent of one plain last Friday night that these bills had not beel?- considered? from the bonds of m atr imony. There was not much question bu t t h at t he 1896. CONGRESSIONAL REOORD-HOUSE. ·3563

words of this amendatory act were ample to cover the Blackman case, but Mr. ERDMAN. I will tell gentlemen on the other side what it the words were limited by the law clerk's construction by what he assumed is, if they care to know. was the :intention of the legislature. The weight of authority seems to be with Justice Matthews and Judge Mr. WOOD. I hope the gentleman will be permitted to read it. Taft and against th~ law clerk; so your committee recommend the passage If there is anything in it relating to the history of this case, it is of the bill. proper. Mr. ERDMAN. Mr. Chairman, if the Chair will but permit Mr. ANDREWS. I rise to a '{>Oint of (lrder. .his eye to wander over this way, we may get a little more frequent The CHAIRMAN. The gentleman will state it. recognition on this side. In reply to the gentleman from New Mr. ANDREWS. The bill to which theseremarksareintended York [Mr. PooLE], when he says that I stand here night after to relate has been passed, and is not now under consideration. night and oppose pensions, I beg to say it is he and people with Mr. PICKLER. I thought it was to this case. his disposition, who never scruple to vote for any bill, that have not Mr. ERDMAN. It is to the case of General Fisher. stopped at teamsteTs, photographers, bums, and bounty jumpers, The CHAIRMAN. Objection has been made to the insertion and, in the language of the gentleman from South Carolina, coffee of the paper in the RECORD. coolers-- Mr. ANDREWS. I ask for a ruling of the Chair on the point 1\Ir. POOLE. Where were you during the war? which I submitted. I did not understand the decision. 1\fr. ERDMAN. It is by the act of those gentlemen, driving The CHAIRMAN. Objection has been made to inserting the through all bills, refusing to discriminate, that pension legislation paper in the RECORD. is delayed and 'Pension legislation is sometimes blocked. I have Mr. ANDREWS. Mypointis, that the bill to which thematter expressed myself on a number of occasions as willing to scrutinize relates has ah·eady been passed, and that the matter is wholly out every bill and willing to vote for all those that are found with of order. merit and willing to vote against all those that are without merit- Mr. ERDMAN. I want to say that the matter I desired to pub­ . what the other side is not willing to do. Now, we had a feast to­ lish is in advocacy of the bill which has just been passed, and day, a royal feast, in which many deserters, bounty jumpers, and tends to show conclusively that the bill ought to have been pas ed. photographers sat down to $20, $30,$50, and $100 a month pension, For that reason I wanted to put it in the RECORD. and the crumbs go to the common soldiers. Mr. PICKLER. We do not need any more proof in favor of Mr. PICKLER. Will the gentleman allow me a question? the bill. Mr. ERDMAN. Scarcely the crumbs. The gentleman can Mr. ERD~IAN. I know you" do not need any more proof"; speak in his own time. that is the way many of these bills come in here. .Mr. PICKLER. Will you name any of them? • Mr. HARDY. Mr. Chairman, I have been very much pleased Mr. ERDMAN. I have named them. with the remarks made here to-night by the distinguished gentle­ Mr. PICKLER. That statement is untrue- man from Georgia [Mr. LIVINGSTON]. But sir, I feel that! cannot The CHAffiMAN. The gentleman from South Dakota is out indorse the action at Friday night sessions of the warm friend of of order. us all, the gentleman from Pennsylvania [.Mr. ERDMAN]. He as­ Mr. PICKLER (continuing). -And you know it. Absolutely sumes the right to criticise the action of th~ Committee on Invalid untrue. Pensions, and also the Committee on Pensions, of which commit­ .Mr. ERDl\.fAN. When the gentleman wants to characterize me tee I have the honor to be an humble member. He insists that as oppo ed to pension legislation-- every bill coming before this Committee of the Whole from either 1\I.r. PICKLER. Yes; I do. of the Pension Committees shall be subjected to the most rigid in­ The CHAIRMAN. The gentleman from South Dakota is out of vestigation and scrutiny. Sir, this is a reflection upon those com­ order. The gentleman from Pennsylvania declines to be inter­ mittees that is not wan·anted, in view of the careful investigation rupted. they give to every claim coming before them. - Mr. ERDMAN. He knows that it is not correct. Now, in re­ Mr. MILES. One question, if the gentleman will permit me. gard to that bill that was up a while ago, I desire to have jnserted Mr. HARDY. Certainly. in the RECORD some further history of the claim of General Fisher. Mr. MILES. I believe I understood yon to say that the gentle- If there is objection to it, I will read it or have it read in my time. man from Pennsylvania had on some Friday night­ I ask unanimous consent to have it inserted. Mr. HARDY. To-night. The CHAIRMAN. The gentleman from Pennsylvania asks Mr. MILES. Or to-night. unanimous consent to have read-- Mr. HARDY. Every night. :Mr. ERD.MAN. No; to insert. Mr. MILES. Every night-as you please-criticised the Com- The CHAffil\IAN (continuing). The paper that he holds in his mittee on Pensions. hand. Mr. HARDY. Oh, no; to-night the Committee on Pensions­ :M:r. PICKLER. Will the gentleman state what it is? Mr. MILES. Of which yon are one member. Mr. ERDMAN. It is a further history of the case of General Mr. HARDY. Yes, of which I am one very humble member. Fisher. Mr. MlLES. When did he do it? In what case? :Mr. PICKLER. Is it from the Pension Office? Mr. HARDY. Why, he has criticised on every Friday night The CHAIR!1AN. Is there objection to the request of the gen­ that we have been in session the Committee on Pensions, and has tleman? [After a pause.] The Chair hears none. The Clerk will demanded and required debate upon every bill in this House, while read. he has stood here on this floor and voted for bills submitted by the Mr.PICKLER. HeonlyaskedtohaveitinsertedinfueRECORD. Committee on Appropriations and the Committee on Ways and Mr. ERDMAN. Yes, sir. :Means, voting away $500,000,000 of the money of the Government. Mr. PICKLER. Let him insert it. Mr. MILES. Keep cool. l\fr. GROSVENOR. Mr. Chairman, I do not know that as a Mr. HARDY. I am cool as an iceberg. matter of practice that thing ought to be allowed. Unless the Mr. MILES. What I wanted the gentleman to do, in fairness gentleman will state-- to the gentleman from Pennsylvania, was to give to this House Mr. PERKINS. Mr. Chairman, I shall interpose an objection the na.me of one case reported by the Committee on Pensions-not to printing in the REcoRD without any knowledge of the contents the Committee on Invalid Pensions-which the gentleman from of the paper. Pennsylvania has criticised or debated. The CHAIRMAN. The relfnest was made to the House. The Mr. HARDY. Why, I have stated that the gentleman has Chair stated that the gentleman made the request for unanimous objected to and criticised nearly every pension bill that has been consent, and no objection was made. introducecl in this House. • Mr. GROSVENOR. To read. l\fr. MILES. N arne one. The CHAIRMAN. To read and insert. Mr. HARDY. Why,thelastone-theoneamomentago-when Mr. HARDY. I object to the reading. he wanted to read a voluminous record. Mr. GROSVENOR. I object to its going in without being Mr . .MILES. That did not come from your committee; and if read, where it relates to the history of a dead man, without the you do your duty on that committee, you ought to know that it House having knowledge of what it is. did not. The CHAIRMAN. The objection should .have been made Mr. HARDY. I qualified my remark by saying the Committee before. on Invalid Pensions and the Committee o.n Pensions. Mr. GROSVENOR. I was making it as fast as I could. Two Mr. MILES. Well, it is as to the Committee on Pensions that or three were talking at once, and I was asking the gentleman I am objecting. what it was. The gentleman was proposing to insert it in the J\.Ir. HARDY. What is your objection? RECORD. and I wanted him to state whether it was som.Uing of Mr. MILES. You stated that you were a member of the Com.. his own creation or something-- mittee on Pensions and that the gentleman from Pennsylvania had The CHAffi.MAN. Is there objection to the insertion of this criticised the bills that came from that committee. paper in the RECORD? Mr. HARDY. Well, I will qualify that remark bystating that Mr. PERKINS. I object. the gentleman has opposed nearly every bill that has been reported 3564 CONGRESSIONAL RECORD-HOUSE. APRIL 3, ) to this House on Friday nights from either of the Pension Com­ saying that that is a legitimate divorce, which authorizes a remar­ mittees. rApplause.] riage. The Pension Bureau has said no; and I will warrant the Mr. MffiES. Now that the applause has subsided, all I desire assertion that every reputable lawyer and every reputable legal to say in answer-- authority anywhere, except perhaps in this House, will say that The CHAIRMAN. Does the gentleman from Indiana yield? it is not such a divorce as will entitle anybody to marry again. Mr. H~ffiDY. Certainly. Mr. LOUDENSLAGER. Mr. Chairman, I rise to aquest.ionof Mr. MILES. All I desire to say to that is that it is not true. order. I do not think the gentleman from Pennsylvania is in Mr. HARDY. Well, I desire to say in reply to you that you do order under Rule XIV, clause 6. not know anything about either committee. The CHAIRMAN. The Chair will state that no objection was Mr. MILES. That is all very fine! made at the time the gentleman began the discussion. The Chair, Mr. HARDY. Now, I do not rise to make an attack on the gen­ therefore, overrules the point of order at this time. tleman from Pennsylvania. I am a friend of his, and he is a friend Mr. ERDMAN. Now it is pretended that there was an opinion of mine. But I am talking simply to this point-- by Justice Stanley Matthews and by ex-Attorney-General Taft Mr. MILES. I do not know- upon this subject. The gentleman who drew the bill, I wru·rant, Mr. HARDY. I refuse to yield. If the gentleman does not would not produce or publish that opinion, and yet you are about know what he is talking about, I refuse to yield further. Now, to say that that is the law. Mr. Chairman, what I simply desired to say was this-- If that is not another instance of reckless pension legislation, I Mr. MILES. Mr. Chairman-- do not know what is. I am told to point them out. I will point Mr. HARDY. I refuse to yield. them out, and accentuate them as we go along; and yet I warrant Mr. MILES. Very well, that is right. Now I protest-- that all the gentlemen on the other side of the House, embracing The CHAIRMAN. The gentleman from Maryland is out of among them many of the best lawyers in the country, will stand order. up and ·vote for the passage of the bill against their own better Mr. MILES. Very well, I respectfully yield to the C'.ilair. judgment. Mr. PICKLER. Sit down. Mr. BROMWELL. Mr. Chairman, I want to say but a word Mr. MILES. You must not tell me to sit down. with reference to the attack that has been made upon Dr. Black­ The CHAIRMAN. The gentleman from Maryland is out of man. He was probably the most eminent surgeon that ever prac­ order. ticed in the city of Cincinnati: and the reflection that is made Mr. MILES. Yes; and the gentleman from South Dakota is out upon him by the remarks of the gentleman who has just taken of order, but you can not see that. his seat, it seems to me, ought not to go unnoticed. The facts in Mr. HARDY. Now, Mr. Chairman, what I simply desired to the case are fully stated in the report-- say was that the gentleman from Pennsylvania and one or two 1\Ir. ERDMAN. Will the gentleman allow a question? others, I might say-all friends of mine on that side-- Mr. BROMWELL. Certainly. Mr. MILES. Do you include me? Mr. ERDMAN. Do you assert, as a question of law, that this Mr. HARDY. Al)l.friends of mine, including yourself. gentleman had a right to marry again in view of the divorce that Mr. MILES. I do not know when the friendship began. he received? Mr. HARDY. Many years ago. Mr. BROMWELL. I do. I assert most emphatically as a ques­ Mr. ANDREWS. Will the gentleman yield for a question? tion of law that he had, and that is the opinion of Justice Matthews, Mr. HARDY. Well, if it is brief and pertinent. of the Supreme Court, and of Judge Alphonso Taft, Attorney­ Mr. ANDREWS. Will the gentleman who now occupies the General of the United States. It is a question that the best legal floor and the gentleman from Maryland kindly consent to finish talent in the country has settled. These gentlemen, when con­ this dialogue in the lobby while we pass a few pension bills? sulted upon the subject, gave their opinion, as a question of law, [Laughter.] that he had a right to marry again. Mr. HARDY. I will say to the gentleman from Maryland that Now, that is all I have to say. This man was divorced. He the gentleman from Pennsylvania is eminently able to sustain went to these eminent legal authorities, than whom there were himself on the floor of the House against any man upon it. none better in the United States, and they advised him that under What I desire to say is that the gentleman from Pennsylvania the law he had a right to remarry. He did remarry, and he lived and one or two others on the floor of the House have occupied the for forty years with his second wife. This is the woman who now time of the House on Friday nights in protesting, by speeches, applies for this pension. against the passage of pension bills, and yet at the same time pro­ The bill was laid aside to be reported to the House with a claim themselves to be the friends of the Union soldier. The favorable recommendation. man that proclaims himself to be the friend of the Union soldier ORDER OF BUSINESS. on this floor, as some of these gentlemen have done, and who oc­ cupies the position that they have occupied with reference to The CHAIRMAN. The Clerk will read the next bill. these bills, is not as good a friend of the Union soldier as I would Mr. ANDREWS. I rise to ask unanimous consent in relation be of the Confederates, and I was a noncombatant upon either side. to Calendar No. 434, granting a pension to Gen. John M. Thayer. Now, 1\fr. Chairman, I merely desire to say further that the I will state the point briefly, and if there be objection, I ,vill not people of this country, from the diqtricts represented by these gen­ consume time. General Thayer, the beneficiary named in the bill, is in a very critical condition. He is without me~ of support, tlemen and from all over the land, ask nothing but justice to the and dependent entirely upon the charity and voluntary service of Union soldiers. [Cries of "Vote!" "Vote!"] neighbors and friends, and unless we can reach this bill speedily Well, you will vote when I get through; hardly before. it is probable that we will not be able to extend any relief what­ And furthermore I wish to discuss this point, and I rose mainly ever in his behalf. for that purpose, as to the widow of a dead Union soldier who The CHAIRMAN. What is the request of the gentleman? He remarries, that she shall, in the event of the death of her second has made none up this time. . husband, lose her pension. In many of these cases the children Mr. ANDREWS. My request is for unanimous consent that of the dead soldier are gathered about her and dependent upon her; this bill may be taken up and passed upon to-night, in order that and so, if in order to better her condition she has made a !llistake in marrying again and has a worthless husband whom she can we may possibly extend relief to General Thayer in the hour of not live with, or where the second husband has died, I claim that his need. • she should be reinstated to the position she held as the widow Mr. PAYNE. I hope that will be done, although the next bill of the soldier. The mere act of trying to better her condition on the Calendar in the regular order is one in which I am inter­ should not exclude her from the pension rolls. "Love levels all ested. ranks"; and many a soldier's widow, with his children about her, The CHAIRMAN. The gentleman from Nebraska [Mr . .AN­ has sought to better her condition by marrying again, hoping thus DREWS] asks unanimous consent that Calendar No. 434 may be to be enabled to support them in a little more comfort. The sec­ considered. Is there objection? ond husband may have been enabled to provide a better living for !VIr. PICKLER. Mr. Chairman, I object. her, or he may have failed to do so; but whether he did or not, he Mr. ANDREWS. I hope the gentleman will not object. has gone to his reward, and I claim that under such circumstances Mr. PICKLER. I withdraw the objection. it is not right that the widow, who was the wife of a soldier while The CHAIRMAN. Is there further objection? he was in the Army and serving his country, should have to lose Mr. PICKLER. The whole Calendar will be disarranged if we her pension altogether. begin this. Mr. ERDMAN. Mr. Chairman, in this bill we are about toes­ Mr. LOUDENSLAGER. Mr. Chairman, I object. tablish another kind of a widow, and while we are making these EBENEZER G. HOWELL. different kinds of widows we might just as well pause for a min­ The next business on the Private Calendar was the bill (H. R. ute and see precisely what we a.re doing. 5254) granting an increase of pension to Ebenezer G. Howell, late .This soldier was married and obtained a divorce a mensa et thoro, a private Company F, One hundred and sixtieth New York Vol­ and thereafter proceeded to marry somebody else. Now, we are unteers. 1896. OONGRESSIONAL RECORD-HOUSE. 3565

The bill was read, as follows: Seventeenth lllinois Volunteers. He was wounded in battle in 1861, which compelled his discharge, but in 1862 he reenlisted and was made adjutant of Be it enacted, etc., That the Secretsl.ry of the Interior be, and he is hereby, the Seventy-seventh Illinois Volunteers, and was successively promoted to authorized and directed to place upon the pension roll of the United States assistant adjutant-general of volunteers with rank of captain, and then the nam~ of Ebenezer G. Howell, late a private in Comp!.!'ny F, On~ hundred major. He was chief of staff of Gen. A. J. Smith, and was brevetted as col­ and sixtieth New York Volunteer Infantry, and pay him a penSlon at the onel and brigadier-general for meritorious service in the field. He was a. rate of $30 per month in lieu of all other pensions. participant in 19 battles. His record is a most honorable one, receiving the commendation of General Smith and General Grant. He remained in the The report (by Mr. PooLE) was read, as follows: service during the whole war except a short period above mentioned, when he was disabled by wounds and rheumatism. The Committee on Invalid Pensions. to whom was referred the bill (H. R• He was pensioned forlunshot wound of left foot, with loss of great toe, 5254) to pension Ebenezer G. Howell, after duly considering the same, respect­ also for rheumatism an resulting disease of the h eart, and drew until his fully report: death $17. His widow has drawn the sa.me pension since his death. Ebenezer G. Howell enlisted in the war September 5, 1862, as a private in There is no question but that these wounds and diseases were of service Company F, One hundred ~d sixtieth New York Infantry, and was dis­ origin. charged as sergeant April25, 186!. He reenlisted April26, 186!, as second lieu­ The evidence shows conclusively that the widow, Caroline A. Hough, has tenant Company K, Seventy-third United States Colored Troops, and was no income, property, or means except her pension of $17 per month, which is discharged Ja.nuary 29, 1866, having served faithfully three years and four insufficient for her support, she being in the sixtieth year of her age and in months. November 3, 1879, he applied for pension for bayonet wound of feeble health. · right hand injuring little finger, and w~ p~nsioned April.10, 1883, to date The committee recommend that the bill be amended by strikinfi out the from April30, 1866, at $7.50 per month., "for mCised wound of nght hand affect­ word "fifty" in seventh line and inserting in lieu thereof the word 'thirty," ing little finger." This was increased May 12, 1890, to $11.50 per month, to and that the bill as thus amended do pass. date from April30, 1866. The evidence in this case shows that EbP-nezer G. Howell was, on the 6th 1\Ir. MILES. Mr. Chairman, I simply want to remark that this day of March, 1888, badily injured in a railroad accident near Hobart, in is a case over which this side of the House will make no point. Indiana. The train upon which he was riding was standing upon the track over a high trestle, an4 was run into by an?ther. train from. t~e rea:t:. The It is the second such case in succession. I want that to appear in engine of the other tram telescoped the car m which he was ridmg, fillmg the the RECORD, in view of some remarks that have been made to- wrecked car with steam. He attempted to escape from the car, which is night. Tills is a meritorious case. · known as the caboose, and tried to get upon the top of the car and save himself from being scalded to death. He got hold of the ladder leading to the top of The amendment recommended by the committee was agreed to. the car, but by reason of the injury of his right hand from the bayonet wound The bill as amended was ordered to be laid aside to be reported he received in the Army was unable to hold himself, and consequently fell a to the Honse with a favorable recommendation. distance of 27 feet, breakin~ his right arm near the shoulder and also between the elbow and wrist; also mjuring his spine and left side to such an extent JAMES H. JONES, that he ha.s been partially paralyzed ever since. The testimony shows clearly that from that time he has been unable to The next business on the Private Calendar was the bill (H. R. dress or feed himself without assistance and is unable to do any kind of labor. The records of the Pension Office show that Howell made claim for an in­ 4122) granting an increase of pension to James H. Jones. crease of his pension January 14, 1893, as follows: • The bill was read, as follows: Alleges "pensionable disabilities and an injury received in a railroad acci­ Be it enacted, etc., That the Secretary of the Interior be, and he is h ereby, dent March 6, 1888, in consequence c_>f not J?eing. able tc_> hold to th~ iJ:o~ on authorized and directed to increase to the sum of $20per month the pension side of the car by ~e~on of said pe~swned disa."!Jility of rig~t h~d, said IDJ~ry of James H. Jones, of Cusseta, Ga., late of the Georgia Volunteers, Indian war. on railroad resultmg m total physical and partia.l mental diSability, and bemg sequence of said pensioned disability." The report (by Mr. MosEs) was read, as follows: He was examined by the board of examining surgeons at Auburn N.Y., The Committee on Pensions, to whom was referred the bill (H. R. 4122) September 6,1893, and as a result of that examination, which was made with granting an increase of pension to James H. Jones, have considered the same, great detail, they concluded: "As a result of these injuries he is totally and and report: · permanently inca"{>acitated for the performing of manual labor." The claimant served from May 9, 1836, to September 2, 1836, as a private in The·increase claim was rejected January 24, 1895, on ground of "no special Captain Urquhart's compa!!y of Georgia Volunteers in the Florida Indian results." He again made claim for increase July 11, 1895, was examined by war, and he is now receiving, under certificate 1470, the pension of $8 per same board of surgeons, and was again rejected, on the ground, "Condition month allowed by the Indian war act of July 27, 1892. of hand, injury due to accident since discharge." Mr. Jones is now about 83 years of age, in a helpless condition physicallyt A large number of affidavits have been examined by the committee above and wholly dependent upon his small pension for support. He and his agea referred tot made by residents of Cortland, N. Y., who have known this man wife are both almost totally deaf, and they have an invalid daughter, who is before, durmg, and since the war, a:nd all show him to be~ man of p~e life dependent upon them for maintenance. and highest character, and that he now, and has been smce the ra1lroad accident entirely incapacitated for labor, and that to a great degree his right bJf. view of the above facts, your COJ:?-mittee recommend the passage of the hand was useless since his recovery from the bayonet wound received in battle at Fort Blakley, Ala., and that he is now 64: years old and is entirely The bill was ordered to be laid aside to be reported to the House without means of support. · with a favorable recommendation. While the soldier is not pensionable under the present pension laws, it is manifestly cl~ar ~rom the facts and circu!fiS't.~c.es ~ evidenc~ that his.claim EUGENIA R. SWEENEY. is a very mentorwus. one, and t}?.at the disab1litie::; ~cu:t:r.ed m the ra~lroad accident were unavOidably received because of his mabil1ty to save himself The next business on the Private Calendar was the bill (H. R. from being completely cooked to death by steam on account of the injured hand for which he is pensioned. It is therefore such a case as should receive 3426) granting an increase of pension to Eugenia R. Sweeney, the benefits of direct legislation by Congress, and a pension of $30 per month widow of Brig. Gen. Thomas W. Sweeney, deceased. is recommended by this committee. The bill was read, as follows: The bill was ordered to be laid aside to be reported to the Honse Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions with a favorable recommendation. and limitations of the penSlon laws, the name of Eugenia R. Sweeney, widow OF of Thomas W. Sweeney, deceased, late a brigadier-general, United States ORDER BUSINESS. Army, and pay her a pension at the rate of $50 per month, in lieu of the pen­ Mr. ARNOLD of Pennsylvania. Mr. Chairman, I ask unani­ sion she is now receiving. mous consent to take up Calendar No. 270. I will simply state The report (by Mr. HowE) was read, as follows: that this applicant is very needy. The Committee on Pensions, to whom was referred the bill (H. R. 3426) to increase the pension of Eugenia R. Sweeney, beg leave to submit the follow­ The CHAIRMAN. The gentleman from Pennsylvania asks ing report: tmanimous consent to take up Calendar No. 270. Is there objec­ Previous to the third session of the Fifty-third Congress the claimant had tion? been in the receipt of a Mexican war pension of SB per month when, at the sug­ gestion of her friends, she petitioned Congress, through the Senate of the Mr. PICKLER. Regular order. United States, to' grant her a pension of at least $50 per month, which was Mr. FAIRCHILD. I object. referred to the Senate Committee on Pensions (the chairman of which was Mr. ARNOLD of Pennsylvania. I am satisfied the gentleman Senator JoHN M. PALMER, who well knew her husband, General Sweeny, would not object if he heard the statement. both in the Mexican war and the war of the rebellion), who unanimously declared that- Mr. FAIRCHILD. All of these cases are equally deserving. " The long and faithful service of the soldier, the wounds that he received in two wars, which finally compelled his retirement from the service, and CAROLINE A, HOUGH. the poor health and poverty of the widow, make the case one of unusual The next business on the Private Calendar was the bill (H. R. merit, and we therefore recommend that the bill do £ass." 2604) to increase the pension of Caroline A. Hough, widow of Brig. th~If~~:~:~rt~~~ 0io~a~~fi~~~ -:I:~s~0f~dl~~ ~~~:~~~h:n~~~~~fo~ Gen. John Hough. consideration by the committee as well as the House of the Fifty-third Con­ gress, a modification by the committee was maae reducing the sum from $50 The bill was read, as follows: to $30, and for fear that all might be lo~t by the failure in conference for the Be it enacted, etc., That the Secretary of the Interior be, and is hereby, au­ want of time for consideration, should it go to conference, the friends of the thorized and directed to place the name of Caroline A. Hough, widow of the bill decided to a.ccet>~_the reduction, and stated that they would renew the late Bri~. Gen. John Hough, upon the pension roll, subject to the provisions application for the $50 per month at the present Congress, in view of the meri­ and limitations of the pension laws, and grant her a pension of $50 per month, torious character of the general's services and the necessities of his widow; in lieu of the pension of $17 per month which she is now receiving. and therefore your committee recommend the passage of the bill H. R. 3226, and at the same time beg leave to append Senate Report No. 802 to their re­ The Committee on Invalid Pensions recommended an amend- port, and adopt the same as a part thereof: ment striking out "fifty" and inserting in lieu thereof "thirty." [Senate Report No. 802, Fifty-third Congress, third session.] Mr. WOOD. Mr. Chairman, let the report be read. The Committee on P ensions, to whom was referred the bill (S. 2511) grant­ ing an increase of pension to Eugenia R. Sweeny, have examined the same, The report (by Mr. WooD) was read,~ follows: and report: The Committee on I,nva.lid Pensions, to whom was referred the bill (H. R. The claimant under this bill is the widow of Brig. Gen. Thomas W. Sweeny, 2604) to increase the pension of Caroline A. Hough, widow of Brig. Gen. John late of the Army of the United States, who died at Astoria, N.Y., AprillU, Hough, submit the following report: 1892. The widow is now in receipt of a Mexican-war pension of $8 per month. The committee have carefully examined the evidence in support of the The records show that General Sweeny entered the service as a second above bill and find that John Hough enlisted as a private in May, 1861, in lieutenant December 23, 1846, and continued in practically constant service 3566 CONGRESSIONAL RECORD-HOUSE. APRIL 3,

:until May ll, 1870, when he was mustered out in consequence of wounds souri, St. L ouis F ebruary24, 1862"; April30, 1862, "Present," with remarks: received in the Mexican "'var .and the war of the rebellion. Special Orders, "Wounded in battle April6, 1862, at Pittsburg, Tenn."; June 30,1852, "Ab­ N o. 190, reads as follows: sent," with remark: "Away on leave of absence"; August 18,1862 (special [Special Orders, No.190.] muster), "Absent," with remark: "On leave of sixty days from June 26, 1862"; August 31,1862, <.<.Present," with remark: "Joined from leave of ab­ HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL'S OFFICE, sence, August 30, 1~ "; October 31, 1862, "Absent," with remark: "On de­ Washi1~gton, May 11, 1870. tached service, commanding Second Division"; December 31, 1862, and Febru­ A boa.rd of examination havin~ fo1md Maj. Thomas W. Sweeny, .United ary 28,1803, "Absent," with remark: "On detached service, commanding First States Army, unassigned, incapaCitated fm· active service, and that said in­ B1"igade Dodge's Division, per Special Orders, No. 9, dated headquarters capacity is due primarily to a wound received in the battle of Churubusco, Sweeny's diVIsion, October 30, 1862." Mexico, while a. second lieutenant in the First New York Volunteer Infantry, He was honorably discharged as colonel of sa.id regiment to date April 20, on the 20th of August, 1~7, which occasioned the amputation of his right 1 63, to enable him to accept an appointment as briga.ruer-general of volun- arm at the middle third; and, secondly, to a gunshot wound received in the teers. · r ight leg at t.Jle battle of Wilson Creek, Missouri, August 10,1861, while acting The medical records show that Colonel Sweeny was wounded in the arm as inspector-general to Brigadier-General Lyon, and at which time he (Major and had his horse shot under him at the battle of Pittsburg Landing, Tenn., Sweeny) was a brigadier-general of the Three Months Volunteers, under an April6 or 7, 1862. election of the offic ~rs approved by Brigadier-General Lyon; and, thirdly, by Thomas W. Sweeny was, while serving as colonel Fifty-second lllinois Vol­ a gunshot wotmd in the flesh of "'the left arm above the elbow, 'l'eceived at unteers,-commissioned brigadier-general of volunteei·s 1\-farch 11, 1863, to rank the battle of Shiloh, Tenn., while commanding a brigade, these several from November 29,1862, and accepted the commission April 21, 1'363. He is wounds being aggravated by long and faithful servict=l and exposure in the reJlorted as fol1ows: line of duty, the President directs that his name be pla.ced on the list of re­ In comm&nd of the Fh·st Brigade, Second Division, Sixteenth Army Corps, tired officers of that class in which the disability result.c; from long and faith­ from date of appointment to July -,1863; absent with leave to September-, ful service, or from wounds or injury received m the line of duty. In accord­ 1863; in command of Second Division, Sixteenth Army Corps, from Septem­ ·ance with section 32 of the act approved Julv 28, 1866, Major Sweeny is, by ber 12,1863, to July 2!, 18Gi; relieved and ordered to Na hville, Tenn., in ar­ direction of the President, retired with the full r.ank of brigadier-general. rest, to await trial on cha.Tges preferred~ stations from August to December By command of General Sherman. . 31, 18&!, not given; January 1,1865, at Louisville, Ky.,_,under trial; acquitted E. D. TOWNSEND, Adjutant-Gen-eral. by a general court-martial of the charges preferred; .t<·ebruary- to April -, J . R . MARTIN, Assistant Adjutant-General. 1865, at Brooklyn, N . Y .. awa.itinf> orders; April10, 1805, ordered to reftort to ivision Mississippi, for duty. No urther Mrs. Sweeny's petition to Congress is in the following words: ~~~~d'~2:~J~n=d~tary To Congl'ess of the United States of Anuwica: He was honorably muster ed out of service as brigadier-general of volunteers The petition of the undersigned, Eugenia R. Sweeny, respectfully shows: August 24., 1865. I am the widow of Thomas W . Sweeny, 1ate brigadier-general, United Respectfully submitted. States Army, retired, deceased. I was married to him at Augusta, Ga., on F. C. AINSWORTH, September 30, 1867, and we lived happily together until his death on April Colonel, U.S. A.., Chief Record and Pensum Office. 10 189'~. and I ha. ve not rema.rried. The SECRETARY OF WAR. l\iy husband at the time of his death was an officer in the United States Yonr committee are unanimously of opinion that this case is worthy of A rmy, holding the rank of brigadieT-general, retired. I refer to his honor­ favorable consideration. The long and faithful service of the soldier, the able war record from the time he entered the Army, serving through the wounds that he received in two wars, which finally compelled his retirement Mexican war in 1&!6-1848, wherein he lost his right arm and received other from the service, and the poor health and poverty of the widow make the wounds; afterwards on the great plains in the West, and all through our case one of unusual merit, and we therefore reeommend that the bill do pass. great and lamentable civil war, wherein he earRed and attained the rank of brigadier-general. :Mr. MILES. Mr. Chairman, this is a case reported from the In consequence of the loss of his ann and wounds received in a"Cti.ve service Committee on Pensions. I desire simply to take occasion to say my said husband was retired on the llth day of May, 1870, with such rank of that the minority of this House is represented on the Committee brigadier-general. Being physically incapacitated by reason of wounds re­ ceived during service in the United States Army, consisting in the loss of his on Invalid Pensions by Messrs. ERDMAN, McCLELLAN, LAYTON, l'ight arm, a .saber cut on forehead, and bullets in legs and rema~ arm, he and myself, and that from the beginning of this Congress down never entered any private business or accepted any political position. His to this moment this is the very first time that any member of the only income was his pay as such retired officer, and he had no pToperty or other income of any kind.. He had dependent upon him fo'l' support his fam­ minority of the Committee on Invalid Pensions has opened his ily, consisting of two sons and two daughters, my mother, and myself. I had mouth in these debates upon any case coming from the Committee no proper~ or income, and with so many dependent upon him for support on Pensions. I say that in view of some remarks that have fallen my b.usbanu 's whole salary was used to give his family a cmnfortable living, and he was unable to save any of it for the future, and on dying he left no from the lips of the gentleman from Indiana in the debate to-night. property or estate. We have never at any time objected to or debated any case com­ I am, and for many years have been, a partial invalid from rheumatism and ing from the Committee on Pensions, any of us. nervous prostration, and am utterly unable to perform manual labor of any The bill was laid aside to be reported -to the House with a favor­ sort. My daughter Fannie has secured a. position at a small salary, and is absent from home from early in the morning until late in the evening. One able recommendation. of my sons has also obtainedaposition at avery small salary, but must, when NANCY G. ALLA.BACH. possible, learn and enter some other business before he can earn enough to support himself. My other son has no business, and by reason of a severed The next business on the Private Calendar was the bill (S. 894) tendon in his arm is incapacitated for manual labor. Since my husband's granting a pension to Nancy G. Allabach. death I haVil moved into a smaller house to secure a lower rent, and have taken boarders in the attempt to support myself and family, yet so small is The bill was read, as follows: the return that I can not hire a servant; hence my mother, who is aged 66 B e it enacted, etc.~ That the Secretary of the Interior be, and he is hereby , yearsJftdoes most of the housework. Ml income is insufficient to provide authorized and directed to place on the pension roll, subject to the provisions myseu and family with the necessaries o life. and limitations of the pension laws, the name of N ancr G. Aliabach, widow of Compelled by my neoessities, I now petition that your honorable body will Peter H. Alla.bach, late colonel One hundred a.nd thirty-first·Pennsylvania take note of them, and of my late husband's lifelong services rendered to the Volunteers, and pay her a pension a.t the rate of $30 per month. (!overn.n;tent, preventing him from accumulating property, a.nd grant me a life penSion of at lea t SSQ_per month. The report (by Mr. McCLELLAN) was read, as follows: Dated October 12, 1893. · The Committee on Invalid Pensions, to whom was referred the bill (S. 89~) EUGENIA R. SWEENY. granting a pension to Nancy G. Alla.bach, having examined and considered STATE OF NEW YoRK,

The bill was read, -as follows: to take Test, until she furally broke-down under the strain of constant nurs­ ing and was herself in a. physician's care, suffering from comple.te nervous Be it enacted etc., That the Secretary of tp.e Interior be, and he is h~rebv, prostration. authorized and directed to place on the penswnroll the name of Catherme R. In view of the especially meritorious and useful services of ·General Jar­ Jardine, widow of Edward Jardine, late brigadier-general of the Army of the dine, and ufhis :terrible wounds and intense suffering, w1rioh incapacitated United Stines, and pay he1· at the -rate of ~00 a month. him from earning a competency to leave for the support of his widow, and of Mr. PICKLER. This is an extraordinarily long Teport, and I the further fact that during the eight years of their marriedJife 'M1·s ..J ardine was devoted and constant :in her 11lll'emitting care for -her - crippled . husban~ think the gentleman from New York '[Mr. McCLELLAN] -wno made your committeell'ecommend the passage of the.JJ,ccompanying bill the report can give a ·succinct statement without it being neces­ sary to have the report read. The bill was ·ordered to ~e laid aside with a fa-vorable recom­ Mr. McCLELLAN. I should -not care to undertake to do it. mendation. 'SARAH 'G. !VES. If m-y colleague [Mr. ,QUIGG] were here J:te ~ould ~o. it possibly. My colleague [Mr. CURTIS], who was an intimate friend of Gen­ T.he :nerllmsiness-on .the Private Calendar was the .bill (H."R. eral Jardine, would do it better than I . 4887) .granting a pension to Sarah G. Ives. Mr. CUR TIS of New York. I think if the House wonl.d accept The bill was read, as follows: :a short -statement which 1 could ·make on this bill it would save Be it enacted, etc., That-the Secretary of the Intel'ior is hereby authoriz.ed time for the consideration of other bills. and directed subject; to the limitations of the :pension lawsT to place upon the of pension roll fue name of Sarah G. Ives, widow of Joseph C. Ives,late of Com­ Mr. ERDMAN. I suggest the reading of the iirst part the pany A, Iowa Volunteer Infantl'y, in the war with Mexico, at the rate of $8 · report, and omit the record from the Record and Pension Office. per month. Mr. PICKLER. All right; let -:that go. The Clerk Tead as follows: The report (by Mr. BAXER of Kmrsas) was read, as :follows: 'The Committee on Pensions, to whom was re'ferrea the bill (H. R . 4887) The Committe~ on Invalid P~nsions, to ~hom _was referr~d the bill rs. 345) ·granting a pension .to Sarah G .1ves, have considered -the ·same, and report: granting a pensJ.on to Catherme R. J~dine,_ widow of :Br1:g. Gen- _Edward The claimant'!s deceased husband, Joseph C. Ives, was enrolled .July 8,1846 ·Jardine, have had the same under consideratiOn, and subrmt as their-reyol't in Captain 'Morgants company, Iowa 1nfantry (Mexican war), and mustered the report upon the same bill adopted by the Senate Committee on Penswns, out July 15,1847. He reenlisted July 15 1&!7, in the same company and regi­ as follows: ment,.and served until September11,1818, when honorably mustered out with "At the outbreak of the war,inl861,EdwardJardine, thenB2 years of age, the company. recruited a companyin New York and joined the Ninth New York Volun­ The soldier was pensioned runder the provisions of ;the :Mexican wa'l· serv­ teers. He was rapidly promoted from captain to major, from that to colonel, ice-pension '!l.Ct of JanuaTy 29, 1887, and aftel' his death his widow, the bene­ and finally made a brigadier-_general. ficiary, filed a claim unde-r tbe same 1aw, but the claim was disallowed on Having acquired a .knowledge of military matters through his connection the ground that the soldier did not serve in Mexico, on the coasts o-r 'frontier in his early years with the New York Seventh Regiment, National Guard, thereof, or en route thereto. It seems that although the enlistment was for he brought With him. to the war a spirit of dis_cip~ine that made_ itseJ! relt in the Mexican war the regiment was assigned to post duty at Fort Atkinson, .his company and regm1ent from the very begmnmg. 1t was tih.is spmt and Iowa, and to field duty along the Upper Mississi:p!>!._ knowledge, coupled with his courage and bravery, that contributed greatly Th-e service is fully shown by the records of the War Department, and the to the subsequent success and fame of his -regiment, .known as the Hawkins widow would have been pensioned under her application at the Pension Zouaves. Oaytain Jardine was particula-rly ·con-spicuous in his early service Bureau if the same rulings had prevailed at thetime of the.soldierts death with this regrment in the command of scouting and J:"econno±terillg parties as when his claim was allowed. His en1istment was clearl.y for service in and in other special duties at the front that required courage and daring. Mexico, and his being retained for duty in the North was due to the exigen­ Specially notable were his services in .command of .a small detachment of the cies of the situation at that time. Ninth New York in covering the retreat of the Union foroes after the battle 'I'he claimant is ·now 63 years old, and her identity as the widow of the of Big Bethel, Va., an~ bringing away the body ofLie~tenaut Greble. soldiel'is fully established by the testimony filed at the Pension Office. He displayed conspicuous gallantry and coolness m the landmg of the The passage of the bill is .respectfully recommended. troops at Hatteras Inlet, North Carolina., under the heavy fire of Forts Hat­ teras and Olark, in August, 1861. Mr. TRACEY. Mr. Chairman, I move that the word "eight" At the first bayonet charge of the war on Roanoke ls.land, -Jardine, in com­ mand of ·his company, was among the first to entel' the enemy's works. be stricken out and the word" twelve" be substituted. 'His services wel'e especially useful at Camden, Winton, and Elizabath Oity, The CHAIRl\-iAN. The gentleman from Missouri moves t o N.C., and earned for him his promotion to the rank of major. He took strike out the word ·"-eight " and insert the woTd "twelve." -an ac:tive part in .all the m1bsequent ·battles in which his regm1ent was en­ gaged, and at the he was assigned py GeneralFairchild to Mr. LOUDENSLAGER. I hope he will not do that. 'This is .the temporary command of the Eighty-ninth New York Regiment, which in acc01·dance with uniform precedents, and under the general afterwards presented him with a gold medal as a marlr of the appreciation of law all the others are getting but eight. the offioe:es -and men of that regiment of his gallant services while command­ Mr. TRACEY. Let us vote on it. .ingit. An incident of that battle, which we1lillustrates the charaater of the man, has been thus described: The question was taken; and the amendment was rejected. ·"At Antietam, brigaded with 'his old .regiment, ·was the Eighty-ninth, to The bill was ordered to be laid aside with a favorable recom- whom he was assigned as colonel a