). 1902. CONGRESSIONAL RECORD-SENATE. 1963

Also, resolution of Cigar Makers' Union No. 232, of Sellersville, ing the construction of war vessels in the navy-yards of the Pa. for an educational test in the restriction of ~o-ration­ country; which VI'J.S referred to the Committee on Naval Affairs. to the Committee on Immigration and Naturalization. Mr. FOSTER orWashington presented petitions of Farragut Also, petition of H. 0. Wilbur and 73 other citizens of Bryn Post, No. 15, Department of Washington, Grand Army of the Mawr, Pa., for an amendment to the National Constitution defin­ Republic, of Port Townsend, and of Longsho1·emen's Local Union ing legal marriage to be monogamic-to the Committee on the No. 240, American Federation of Labor, of Port Hadlock, all in Judiciary. the State of Washington, praying for the enactment of legislation Also, petition of Cigar Makers' Union No. 232, of Sellersville, authorizip.g the construction of war vessels in the navy-yards of the Pa., favoring the continuation of the exclusion law against Chi­ country; which were referred to the Committee on Naval Affairs. nese laborers without limit of time-to the Committee on Foreign He also presented a petition of Mount Tacoma Lodge, No. 192, Affairs. Brotherhood of Locomo1;ive Firemen, of Tacoma, Wash., praying By Mr. WILSON: Petition of United Garment Workers' ·No. for the passage of the sa-called Hoar anti-injunction bill, to limit 5, of Brooklyn, N.Y., in favor of the Chinese-exclusion act-to the meaning. or the word '' conspiracy '' and the use of '' restrain­ the Committee on Foreign Affairs. ing orders and injunctions " in certain cases; which was ordered to lie on the table. Mr. GALLINGER presented petitions of sundry citizens of SENATE. Peterboro, and of the Woman's Christian Temperance Unions of Meredith, Epping, North Charlestown. Peterboro, Plymouth, and THURSDAY, February 20, 1902. North Weare, all in the State of New Hampshire, praying for the Pmyer by the Chaplain, Rev. W. H. MILBURN, D. D. adoption of an amendment to the Constitution to prohibit po­ The Secretary proceeded to read the J oumal of yesterday's pro­ lygamy; which were referred to the Committee on the Judiciary. ceedings, when, on request of Mr. CULLOM, and byunanimouscon­ Mr. HOAR presented petitions of comrades of R. A. Pierce sent, the further reading was dispensed with. Post, No.190, of New Bedford; ofAlfi·ed C. Monroe Post, No. 212. The PRESIDENT pro tempore. Without objection, the Jour­ of East Bridgewater; of Berkshire Post, No. 197, of Pittsfield, all nal will stand approved. of the Department of Massachusetts, Grand Army of the Repub­ lic; of HorseShoers' Local Union No.5, of Boston; of Musicians' RURAL FREE-DELIVERY DIVISION. Protective Local Union No. 138, of Brockton: of Printing Press­ The PRESIDENT pro tempore laid before the Senate a com­ men's Local Union No.102, of Brockton; of Stationary Firemen's munication from the Postmaster-General, transmitting, in re­ Local Union No. 85, of Fitchburg; of Local Union No. 224, Interna­ sponse to a resolution of the 13th instant, the names of employees tional Association of Machinists, of Westfield; of Horse Nail in the rural free-delivery service, with date of appointment, term Workers' Local Union No. 6313, of Boston; of International En­ of fervice, and State from whence appointed, etc.; which, on mo­ gineers' Local Union No. 52, of Lynn; of Lawrence Typograph­ tion of Mr. GALI..INGER, was, with the accompanying paper, or­ ical Union No. 51, of Lawrence, and of the Pattern Makers' Asso­ dered to lie on the table and be printed. ·ciation of Boston, all of the American Federation of Labor, in the PRESERVATION OF THE BUFFALO. State of Massachusetts, praying for the enactment of legislation authorizing the construction of war vessels in the navy-yards of the The PRESIDENT pro tempore laid before the the Senate a com­ country; which were referred to the Committee on Naval Affairs. munication from the Secretary of Agriculture, transmitting, in He also presented petitions of :Soot and Shoe Workers' Local response to a resolution of the 30th ultimo, certain information Union No. 238, of New Bedford; o(Carpenters' District Union of with reference to the preservation of the buffalo or American Boston; of Cigar Makers' Local Union No. 206, ofNorthAdams; of bison in the United States and the Dominion of Canada; which Edgem.akers' Local UnionNo.118,of Brockton; of Boot and Shoe was referred to the Committee on Forest Reservations and the Workers' Local Union No. 230, of Conway and of Boot and Shoe Protection of Game, and ordered to be printed. Makers' Local Union No. 244, of Natick, all in the State of Mas­ SHIP GLASGOW. sachusetts, praying for the reenactment of the Chinese-exclusion The PRESIDENT pro tempore laid before the Senate a com­ law; which were referred to the Committee on Immigration. munication from the assistant clerk of the Court of Claims, Mr. KEAN presented the memorial of Anna Rice Powell, of tmnsmitting the conclusions of fact and of law filed under the Plainfield, N. J., remonstrating against the regulation and control act of January 20, 1885, in the French spoliation claims, set out of vice by the board of health of Manila; which was referred to in the findings by the court relative to the vessel ship Glasgow, the Committee on the Philippines. M. Alcorn, master; which, w:ith the aSmith; No. 361; of Pawtucket, and of Local Union No. 99, International .A. bill (H. R. 6453) granting an increase of pension to Ida R. Brotherhood of Electrical Workers, of Providence, all in the State Siegfried; of Rhode Island, praying for the reenactment of the Chinese­ A bill (H. R. 734.-3) granting an increase of pension to Martha exclusion law; which were referred to the Committee on Immi­ V. Keenan; A bill (H. R. 8652) granting an increase of pension to Virginia gration. Terrill: Mr. FRYE presented a petition of the Atlantic Coast Seaman's A bill (H. R. 11470) making an appropriation for clearing the Union, of Portland, Me., praying for the enactment of legislation Potomac River of ice; authorizing the construction of war vessels in the navy-yards of A joint resolution (H. J. Res. 88) authorizing the Commissioner the country; which was refen-ed to the Committee on Naval Af­ of Internal Revenue to return bank checks, drafts, certificates of fairs. deposit, and orders for the payment of money having imprinted REPORTS OF COMMITTEES. stamps thereon to the owners thereof, and for other purposes; and A joint resolution (H. J. Res. 131) authorizing the transfer to Mr. McMILLAN, from the Committee on Commerce, to whom the Library of Congress of the library of State reports, etc. were referred the following bills, reported them severally with­ out amendment, and submitted reports thereo~ PETITIONS AND MEMORIALS. A bill (S. 3865) to establish light-houses at the mouth of Boston Mr. HEITFELD presented a petition of G. A. Hobart Post, Harbor to mark the entrance to the new Broad Sound Channel; and No. 27, Department of Idaho, Grand Army of the Republic, of A bill (S. 3491) providing for a light and fog-signal station on Nampa, Idaho, praying for the enactment of legislation authoriz- or near Crisps Point, Lake Superior, Michigan. '•

1964 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20,

Mr. McMILLAN, from the Committee on Commerce, to whom erection of buildings by the international committee of Young was referred the bill (S. 329) to amend section 10 of an act en­ Men's Christian Associations on military reservations of the titled "An act making appropriations for sundry civil expenses of United States, reported it with an amendment, and submitted a the Government for the fiscal year ending June 30, 1900, and for report thereon. other purposes," approved March 3, 1899, submitted an adverse Mr. CLAY, from the Committee on Commerce, to whom was report thereon; which was agreed to, and the bill was indefinitely referred the bill (S. 1545) to establish a marine hospital at Savan­ postponed. nah, Ga., reported it with an amendment, and submitted a report Mr. MALLORY, from the Committee on Commerce, to whom thereon. was referred the bill (S. 3312) for the establishment of a light­ WEST FORK OF WHITE RIVER, INDIANA, house at the mouth of Oyster Bayou, near the Louisiana coast in the Gulf of Mexico, reported it without amendment, and s~b­ Mr. DEPEW, from the Committee on Commerce, to whom was mitted a report thereon. referred the bill (S. 3118) to declare the west fork of White River . He also, from the same committee, to whom was referred the above the south line of Marion County and to the source of said bill (H. R. 1.99) for the establishment of a light station on Bluff river, in the State of Indiana, to be not a navigable stream re­ Shoal, Pamlico Sound, North Carolina, reported it with amend­ ported it with an amendment, and submitted a report thereo~. ments, and submitted a report thereon. Mr. FAIRBANKS subsequently said: I move to recommit to Mr. PETTUS, fr?m the Committee on Military Affairs, to whom the Committee on Commerce the bill (S. 3118) to declare the west was referre~ _the bill (S. 3612) to remove the charge of desertion fork of White River above the south line of Marion County and from the military record of Charles J. Clark, reported it without to the source of said river, in the State of Indiana, to be not a amendment, and submitted a report thereon. navigable stream. He also, from the same committee, to whom was referred the The motion was agreed to. bill (S. 3415) to correct the military record of Gideon Howell BILLS INTRODUCED. aliasJudsonHowell,submitted an adverse report thereon· which was agreed to, and the bill was indefinitely postponed. ' Mr. MORGAN introduced a bill (S. 4062) for the relief of the Mr. DEBOE, from the Committee on Pensions, to whom was e~tate of Alfred Hambrick, deceased; which was read twice by its referred the bill (S. 2082) granting an increase of pension to title, and referred to the Committee on Claims. Louise Ward, reported it with amendments, and submitted are­ M~. McLAURIN of Mississippi introduced a bill (S. 4063) to port thereon. proVIde for the purchase of a site and the erection of a public Mr. GALLINGER, from the Committee on Commerce, to buil~in~ ~he~eon ~t Greenville, c~unty of Washington and State whom was referred the bill (S. 2878) to provide for the construc­ of MisSISSippi; which was read twice by its title and referred to tion of a light-house and fog signal at the Pollock Rip Shoals on the Committee on Public Buildings and Groun&. the coast of Massachusetts, submitted an adverse report ther~on · Mr. CLAPP introduced a bill (S. 4064) granting a pension to which was agreed to, and the bill was indefinitely postponed. ' Betsy Gumm; which was read twice by its title, and referred to the He ~lso, from the Committ~e on Pensions, to whom was referred Committee on Pensions. the bill (H. R. 5957) granting an increase of pension to Wright Mr. G~BLE introduced a bill (S. 4065) to remove the charge H. Auchmoody, reported it without amendment, and submitted o! desertion from Thomas Colahan; which was read twice by its a report thereon. title, and referr~ to the Comm~ttee on Military Affairs. Mr. NELSON, from the Cammittee on Commerce, to whom Mr. BURTO~ mtrodu?ed a bill (S. 4066) granting a pension to were referred the following bills, reported them severally without Florence E. Wilbur; which was read twice by its title and re- amendment, and sub.mitted reports thereon: ferred to the Committee on Pensions. ' A bill (S. 3746) to amend section 2593 of the Revised Statutes . He also ~troduced a bill (~. 4067) granting an increase of pen­ relating to ports of entry; and · siOn to Juha L. Gordon; which was read twice by its title and A bill (S. 905) for the relief of Lindley C. Kent and Joseph referred to the Committee on Pensions. ' Jenkins, as the sureties of Frank A. Webb. Mr. HOAR introduced a bill (S. 4068) to redivide the district of Mr. KITTREDGE, from the Committee on Claims, to whom Alaska into three recording and judicial divisions· which was was referred the bill (H. R. 5106) for the relief of Rasmussen & rea~ ~wice by its title, and referred to the Com.m.ittee on the Strehlow, reported it without amendment, and submitted a re­ Judiciary. · port thereon. Mr. TILLMAN introduced a bill (S. 4069) to establish a fish Mr. FORAKER, from the Committee on Military Affairs, to hatchery and fish station in the State of South Carolina· which whom was referred the bill (S. 1881) to correct the military rec­ was read twice by its title, and, with the accompanying paper ord of Peter Connell, reported it without amendment, and sub­ referred to the. Committee on Fisheries. ' mitted a report thereon. · . He also introduced a ~ill (S. 4070) to provid for refunding Jtfr. CLARK of Montana, from the Committee on Indian .Al­ mternal:r~venue. taxes paid 1?-pon legacies and bequests for uses fairs, to whom was referred the bill (S. 2979) to ratify an agree­ of a rehgiOUB, literary, charitable, or educational character or ment with the Indians of the Crow Reservation in Montana and for the encouragement of art, under the war-revenue act of 1S98· making appropriations to carry the same into effect, repo~d it whic~ was read twice by ita title, and referred to the Committe~ with amendments to the preamble, and submitted a report onFmance. . thereon. . He also introdu~d a bill (S .. 4071) granting an increase of pen­ · Mr. CL.AY, from the Committee on Commerce, to whom was SIOn to George C. Tillman; which was re~d twice by ita title and referred the bill (H. R. 61) to authorize the establishment of a with. the accompanying papers, referred to the Commit~ 0~ live-saving station at or near Bogue Inlet, North Carolina, reported Pensions. . it without amendment, and submitted a report thereon. Mr. ~TIN introduced a bill (S. 4072) granting an increase Mr. PERKINS, from the Committee on Commerce, to whom o! pensiOn to Samuel J. Lam~en; whlch was read twice by its was referred the bill (S. 344) to amend the Revised Statutes of title, and referred to the Comnuttee on Pensions. the United States relating to the carriage of refined petroleum . Mr. MASO~ (by request) introduced a bill (S. 4073) to estab­ submitted an adverse report thereon; which was agreed to, and lisl;t an ex~cutiye department of physical culture; which was read the bill was postponed indefinitely. tWice by Ita title, and referred to the Committee on Education Mr. MASON, from the Committee on Commerce, to whom was and Labor. referred the bill (H. R. 7675) to construct a light-house keeper's He alsoip.troduced a bill. (S. 4074) for the relief of Thierman& dwelling at CalumetHarbor,reported itwith an amendment, and Fros~; which was read twice by its title, and, with the aooom­ submitted a report thereon. panymg paper, referred to the Committee on Claims. He also, from the same committee, to whom was referred the He. also intr?duced a bill (S: 4075) ~a~ting a pension to Henry bill (S. 3651) appropriating the sum of 3,000 a year for the sup­ R. Gibbs; which was read twice by Ita title and referred to the port and maintenance of the permanent International Commission Committee on Pensions. ' of the Congresses of Navigation, and for other purposes, reported . He also introduced a bill (S. 4076) to provide for the construc­ it without amendment, and submitted a report thereon. tion of a sea wall and grand boulevard from the old Naval Ob­ Mr. MARTIN, from the Committee on Commerce, to whom servatory site around the Potomac Flats and across the Anacostia were referred the following bills, reported them severally with­ River, in t~e District of Co~uin bia_, wi~hout issuing interest-bearing out amendment, and submitted reports thereon: · bonds; which was read twice by Its title and referred to the Com- A bill (S. 1568) to restore Henry D. Hall to the Revenue-Cutter mittee on the District of Columbia. ' Service; and · Mr. ¥J~CHELL intro~uced a bill (S. 4077) for the relief of . A bill (S. 3361) provi~g for the remoyal ~f the port of entry Mrs. Libbie Arnold; which was read twice by its title and re- m the Albemarle collection of customs district, North Carolina ferred to the Committee on Claims. ' from Edenton, N.C., to Elizabeth City, N.C. ' AMEm>MENTS TO BILLS. Mr. HAWLEY, from the Committee on Military Affairs, to Mr. KEAN submitted an amendment proposing to make the • whom was referred the bill (S. 3129) for the authorization of the salary of the chief of the division of maps and charts, Library of

I \· -

_1902. CONGRESSIONAL RECORD-SENATE. 1965

Congress, $3,000 per annum, intended to be proposed by him to legislated for it, he does clearly intimate in it that whenever the the legislative, executive, and judicial appropriation bill; which question is properly presented to the Supreme Court he will al­ was referred to the Committee on AppropriatioDB, and ordered m03t certainly hold with the four minority judges that the bill to be printed. of rights does extend to territories, whatever their relation to Mr. KITTREDGE submitted an amendment, proposing to ap­ the Union may be. propriate $25,000 for support, maintenance, and incidental ex­ Very briefly, Mr. President, I quote from the opinion of Mr. penses of the asylum for insanl:l IndianB at Canton, S. Dak., in­ Justice Brown: tended to be proposed by him to the Indian appropriation bill; Thus, when the Constitution declares that "no bill of attainder or ex post which was referred to the Committee on Indian Affairs, and facto law shall be passed," and that "no title of nobility shall be granted by the United States," it goes to the competency of Congress to J>3SS a bill of that ordered to be printed. description. Perhaps the same remark may apply to the first amendment, Mr. McENERY submitted an amendment, intended to be pro­ that "Congress shall make no law respectin~ an establishment of religion or posed by him to the bill (H. R. 8587) for the allowance of certain prohibiting the free exercise thereof, or abndging the freedom of speech or of the press, or the right of the peoJ;>le to peacefully assemble and to petition claims for stores and supplies reported by the Court of Claims the Government for a redress of gnevances." under the provisions of the act of March 3, 1883, and commonly Not content with that language, which to my mind shows the known as the Bowman Act; which was referred to the Committee decided leaning of Mr. Justice Brown, he refers again to the sub­ on Claims, and ordered to be printed. ject, in his opinion, as follows: Mr. MASON submitted an amendment, proposing to make the We suggest, without intending to decide, that there may be a distinction salary of the chief of the division of public surveys, General Land between certain natural rights, enforced in the Constitution by prohibitions Office, $2,500 per annum, intended to be proposed by him to the a~inst interference with them, and what may be termed artificial or reme­ dial rights, which are peculiar to our own system of jurisprudence. Of the legislative, executive, and judicial appropriation bill; which was former class are the rights to one's own religions opinion and to a public referred to the Committee on AppropriatioDB, and ordered to be expression of them, or, as sometimes said, to worship God according to the printed. dictates of one's own conscience; the right to personal liberty and individual J;>roperty; to freedom of speech and of the press; to free access to courts of PORTRAITS OF SENATORS OF FIRST CONGRESS. JUStice, to due process of law, and to an equal protection of the laws; to im­ Mr. HOAR submitted the following resolution; which was con­ munities from unreasonable searches and seizures, as well a.s cruel and un­ usual punishments; and to such other immunities a.s are in~nsable to a sidered by unanimous coDBent, a.nd agreed fu: free government. Of the latter class are the rights to citizenship, to suffrage Resolved, That the Committee on the Library be directed to inquire ·and (Minor 11. Hap]>ersett, 21 Wall., 162), and to the particular methods of pro­ report to the Senate as to the expediency of providing a. suitable pl.a.ce in the cedure pointed out in the Constitution, which are peculiar to Anglo-Saxon Senate wing of the Capitol for receiving the portraits of the Senators of the jurisprudence, and some of which have already been held by the States to be United States during the First.Congress under the Administration of Presi­ unnecessary to the proper protection of individuals. dent Washington, provided the same shall be presented by the several States or by individuals. It seems to me, Mr. President, that when the opinion of Mr. PRESIDENTIAL A.PPROVA.L. . Chief Justice Fuller is read, concurred in as it is by three of the associate justices, with this opini_on by Mr. Justice Brown, there A message from the President of the United States, byMr. 0. L. can be little doubt in the minds of intelligent persoDB that the PRUDEN. one of his secretaries, announced that the President had Supreme Court will hold, whenever the question is properly pre­ on the 19th inBtant approved and signed the act (S. 1970) to pro­ sented to it, that at least all the personal provisioDB of the bill of vide an American register for the barkentine Haw_aii. rights are by the Constitution extended to the Territories of the PHILIPPINE TA.RIFF BILL. Union, whether they are Territories incorporated into the Union The PRESIDENT pro tempore. The morning business is closed; or Territories simply appurtenant. and the Chair lays before the Senate the unfinished business. With so much upon that subject by way of introduction, Mr. The Senate, as in Committee of the Whole, resumed the con­ President, I call attention to the laws that are the object of the sideration of the bill (H. R. 5833) temporarily to provide revenue amendment I introduced. It proposes to immediately repeal the for the Philippine Islands, and for other purposes. treason and sedition laws enacted by the Taft Commission. I Mr. PATTERSON. Mr. President, as I stated yesterday, were want to thank the able and courteous Senator from Ohio [Mr. it not that my colleague [Mr. TELLER] and some of the minority FoRAKER] for causing these laws to be printed and distributed members of the Committee on the Philippines were inBistent that upon the desks of the Senators. They are arranged in parallel I should discuss the treason and sedition laws of the Philippine columnB with the laws of the United States and of States that are Islands and some of the testimony given to the committee by supposed to be somewhat cognate. Therefore if Senators have Governor Taft I would not occupy the floor to the exclusion of the pamphlet to which I refer-Senate Document No. 173 of the Senators of much longer service and much greater capability to present Congress-there will be but little difficulty in following me. deal with the question than myself. The first section of the Philippine treason and sedition law is But I ·feel that the treason and sedition laws of the Philippines, claimed to be identical in substance if not in languge with sections if they are an evidence of the character of legislation necessary 5331 and 5332 of the United States Revised Statutes. I grant it, to reduce the Philippine Islands to a state of peace and to retain with this exception-that there is incorporated in the Philippine peace in them, should be discussed and understood. They may act a new and metaphysical sovereignty, a sovereignty new to the be fairly regarded as a true criterion of the tyrannical character people of this country, one that erects itself into the equal of the of laws that are necessary to accomplish the end in view. United States, and undertakes to declare that where there is trea­ I will first call the attention of the Senate to the attitude of the son against the United States in the Philippines there also is trea­ Supreme Court of the United States upon t~e · power of Congress son against this new and strange sovereignty called the government and Territorial governments, such as that in the Philippines, to of the Philippine Islands. deal with treason and sedition laws. Divergent as the views of I challenge the right of the Philippine Commission to enact such the members of that court may be, I think I am justified in main­ a law. In my judgment it is clear, from the ConBtitution and the taining that so far as legislation that is prohibited by the Con­ nature of the relation of the Teni.tories of whatever character to stitution is concerned-the prohibitions on Congress contained in the Government of the United States, that it is absolutely without the bill of rights-the protection to the people therein conferred, the power of any Territory, incorporated or appurtenant, to enact is as applicable to the Territories as to any one of the American a law declarative of the crime and providing for the punishment States. I have in mind, of course, the so-called " insular cases," of treason. and particularly the latest utterances of the court in Downes v. Let me read the first section of the Philippine law: Every- person resident in the Philippine Islands owing alle~nce to the Bidwell. · United States or the government of the Philippine Islands wlio levies war I would not claim so much, Mr. President, for the decisions of against them1 .?! adheres to their enemies, g1vin,g them aid and comfort all the judges. We know what the views of four of them are by within the Pn:i.rippine Islands or elsewhere, is guilty of treason, and UJ.>On conviction, shall suffer death, or, at the discretion of the court, shall be un­ reading the opinion of Mr. Chief Justice Fuller, whose opinion is prisoned at hard labor for not less than five years and fined not less than concurred in by the three other minority judges. We know that 10,00). they hold that as soon as territory is acquired by the United It is not astonishing, when we view their other acts, that the States, whether by discovery and occupation, or by war, by members of the Philippine Commission seek to place themselves treaty, or by purchase, the territory is incorporated into and be­ upon the same pedestal with the Government of the United States; comes part of the United States, and every provision of the Con­ but I assert again that the government of no Territory, whatever stitution that can be applicable to such territory is immediately ita relations to the General Gove1nment, has it in ita power to ex proprio vigore attached thereto; that thereupon the inhab­ create the crime of treason or to declare ita punishment. itants of such territory become oitizens of the United States, and I do not fail to recognize that the judicial sections of the Con­ once a citizen always a citizen, except as the allegiance may be stitution are not, as a rule, applicable to the Territories. By rea­ voluntarily thrown off. son of the supposed fleeting character of Territorial governments, Turning to the opinion of Mr. Justice Brown, we discover that it would be impossible to appoint judges of Territories with a. while he does not decide in terms that the bill of rights extends life tenure, because when the Territories become States the Terri­ of its own force to territory acquired, whether it is territory in­ torla.l governments must fall and the terms of all officials there­ corporated into the United States by act of Congress or territory tofore appointed to conduct the affairs of such Territories must simply appurtenant to the United States, ~ngress not having end. ( 1966 CONGRESSIONAL RECORD-SENATE . . FEBRUARY 20,

By reason of this fact the courts at all times have held that the him in a court down in the territory out of which the new sover- judicial clauses of the Constitution are not applicable to the Ter­ eignty was to be created. · ritories. But while this is true, other sections of the Constitu­ The fact that the Commission has united the government of tion do, either directly or indirectly. control the powers of Terri­ the Philippine Islands with the Government of the United States torial courts and Teni.toriallegislative and executive officers. to make treason cognizable within the islands, and in courts con­ Let us take the Philippine Islands by way of exampl"O. What trolled by the Commission, changes neither the rule nor the prin­ is the Philippine Commission? It is the representative of the ciple. United States in those Islands, nothing more. It is a commission The acts of Congress punishing treason are as applicable to the appointed by the President for the purpose of performing the Philippine Islands as to the States. All that is needed to put duties in the islands that are incumbent upon Congress, namely, the Congressional treason laws in operation in the Philippines is to make needful rules and regulations for their proper manage­ for Congress to establish a Federal court within them, or by law ment. It is the .Army of the United States that is in the islands. to confer jurisdiction upon the Commission's courts to try and de­ These who wage war or enter into alliances with the enemies of termine offenses against the laws of the United States. When the United States in thP. Philippine Islands wage war upon the that shall be done, then treason as well as all other crimes defined United States, wage war upon the title of the United States to by acts of Congress, except in cases of impeachment, that are the Philippine Islands. They assail nothing else. committed within the islands can be lawfully tried and offenders Under the Constitution the crime of treason is the creation of punished. But that is what the Commission does not want. It Congress, and the punishment of treason can only be inflicted in does not want Filipinos who are charged with either treason or accordance with an act of Congress. I call the attention of the sedition tried in Federal courts or under Federal statutes. Senate to sections 2 and 3 of Article ill of the Constitution. For in all such cases they must be tried under the protecting SEC. 2. The trial of all crimes, except in cases of impeachment, shall be by regis of the Constitution. There must be a common-law indict­ jury; and such triAl shall be held in the State where the sa.id crimes shall ment, a common-law jury, and no eonviction can follow except ha.ve been committed; but when not committed within any State- on the testimony of two witnesses to the same overt act or on con­ And of course crimes committed in the Philippine Islands are fession in open court. In the Philippines there is neither grand not committed within any State- nor petit jury, and the trea on law the Commission has enacted but when not committed within any State the trial shall be at such place or permits any irresponsible or vicious person to make the charge, places as the Congress may by law have directed. and the trial can be only before a single judge without a jury. Proceeding immediately to the third section we find these pro­ The Philippine judges, as admitted by Governor Taft, are ap­ visions: pointed, some native and some American, becau e they are in Treason against the United Stll.tes shall consist only in levying war against sympathy with the schemes of the administration in the islands. them, or in adhering to their enemies, giving them aid and comfort. No per­ A pretty show the unfortunate Filipinos will have who are ac­ son shall be convicted of treason unless on the t-e3timony of two witnesses to cused of treason. Tried before a Scroggs or a Jeffreys, without the same overt act, or on confession in open court. Tha Congress shall have power to declare tho punishment of treason, but jury or constitutional safeguards! The hangman's noo e will be no attainder of treason shall work corruption of blood, or forfeiture, except in merry demand as soon as the dance of death commences. during the life of the person attainted. When we study the second section of the Commission s act the ''The Congress shall have power to declare the punishment of schemes of the Commission are even more apparent. In that sec­ treason." With all the industry displayed by the compiler of tion the Commission has undertaken to define and provide for the the pamphlet to which I have referred, there has been no law in­ punishment of misprision of treason. Let me read it: serted from any Territory that declared the crime of treason or Every person owing allegiance to the United States or the government ot provided for its punishment. the Philippine Islands and having knowledge of any treason against them or Nor is there a law from any Territory that provides against either of them. the crime of counterfeiting the coins of the United States or of There it is, a distinct and plain proposition. If there is any counterfeiting its paper money or of violating any of the pro­ person within the Philippine Islands owing allegiance either to visionB of the customs laws, for the reason that these are crimes the United States or to the government of the Philippine Islands and punishments that are peculiar only, and that may be taken who has knowledge of treason against either the United States or cognizance of only by the Congress and courts of the United the Commission, he is guilty of misprision of treason and must be States. A Territory has no more power to provide a punishment tried and punished by one of Taft's judges. for the Cii.me of counterfeiting the money of the United States or I will pass from the treason clauses to call attention to the sedi­ for violating the customs laws of the United States than it has to tion provisions of this most extraordinary law, and I undertake create the crime of treason, even though it incorporates its own to show that, except in the first two sections, the Commission has sovereignty into the law that defines treason. outraged every act that it has attempted to follow. It has delib­ Mr. President, if the Philippine Commission is simply the agent erately cut out from every law that it pretended to make the basis of the Government to make rules and regulations concerning the of this enactment every provision they contained upon which citi­ territory of the United States then it follows that whatever its zens could rely for protection against tyrannical and unconstitu­ laws, they are the acts of the Congress of the United States in so tional arrest, against prosecution for mere offenses of the mind, far as they are allowed to stand or are approved by the Congress for mere offenses of the thought, as well as for those of a more of the United States. When somebody rises against the army in tangible nature. a Territory it is rising against the United States. You can not For instance, Mr. President, section 3 of the Philippine act is imagine an effort to withdraw the Philippine Islands from the intended to be a transcript of section 5334 of the Revised Statutes. sovereignty of the United States by force without its being the I call the Senate's attention to the peculiar and extraordinary levying of war upon the United States. change from the Federal section, and I ask Senators who shall Starting with the fundamental proposition that the sovereignty defend these laws to account for the change, if they can, except of the United States over the Philippine Islands is fixed, that the as the result of a deliberate purpose to create offenses that the Commission is there for the purpose of making rules and regula­ statute of the United States never created and that were not tions for their government by authority of the President and the within the purview of the statutes which the Commission pre­ Congress of the United States, whenever any person shall levy tended to follow. war against that Commission, whatever its character, for the Section 5334 of the Revised Statutes reads: purpo e of depriving that government of control and regulation SEc. 5334:. Every person who incites, sets on foot, assists or engages in any rebellion or insurrection against the authority of the Uruted1 States, or the over the territory. it is maJring war upon the United States, and laws thereof, or gives aid or comfort thereto. upon the Army of the United States that is there to maintain the sovereignty of this Government over them. " Gives aid or comfort" to what? To the setting on foot or I recall that many years ago a celebrated treason trial, that of engaging" in any rebellion or insurrection against the authority Aaron Burr, took place. As I recall, it was charged that it was of the United States." If he does that; if one gives aid and com­ Burr's purpose to unite a portion of our Southwest Territory with fort to the inciting of rebellion or insurrection, then he is ame­ territory belonging to other sovereignties and to erect the com­ nable to the punishment that is provided in that section. bined territory into an independent government. It was to be Let me show the devilish malignity-and no milder term is, in done, if necessary, by force. It was alleged that he had gathered my judgment, applicable to the mind that conceived the deed­ munitions of war and, in conjunction with others had arranged that was displayed by the Commission when they undertook to to enlist men. For what purpose? Not to take a State out of the copy this section of the Revised Statutes. The Commission's Union, but to deprive the Union of a portion of its territory that production is as follows: SEC. 3. Every person who incites, sets on foot, assists or engages in a.ny be 1 it might withdrawn by force from the sovereignty of the United rebellion or insurrection a~ainst the authority of the Uruted States or of the States and erected into another sovereignty. If the charges had government of the Philippme Islands, or the laws thereof, or who gives aid been established, Burr would have been guilty of treason, treason or comfort to anyone so engaging in such rebellion or insurrection- against the United States, treason under the definition of the The act of Congress declares against giving aid or comfort to Constitution and as punished under the acts of Congress. He was r~bellion or insurrection, but the act of the Philippine Commis­ tried as provided by Congress. No one ever dreamed of trying SIOn denounces and _provides for the punishment of giving aid or 1902. CONGRESSIONAL RECORD-SENATE. 1967

comfOrt to anyone engaging in such rebellion or insurrection or Then, again, paragraph 4 of section 5- in any attempt at rebellion or insurrection. Is there not a marked 41J. persons ~ho ~publicly and tumultuously * * .* to inflict, with a ~ere~ce? This section provides for punishing anyone " who politica.l or social obJect, any act of hate or revenge upon mdividuals or upon any class of individuals in the islands- ~ves a1d .or comfort to anyone so engaging in such rebellion or msurrection.'' It is the difference between giving aid and com­ Whether they are in the governmental service or not. If a man fort to the thing-the rebellion or insurrection-and giving aid rises to inflict any act of hate or revenge upon an individual with a?d comfort to some individual engaged in rebellion or insurrec­ a " social object" in view, whether he inflicts injury or not or tion. I can well comprehend a Filipino giving aid to a wounded whether the person the deed is aimed at is an official or not the man; I can comprehend a perfectly loyal Filipino attendino- an accused is guilty of sedition. Mark this: These are intend~d to insurrecto, as Philippine patriots are termed, in his sicknes; as­ be offenses against government and not against individual.B as in­ sua~g J:ris thirst, giving J;lim rru:nedies, or binding up his wouhds. dividuals. Nevertheless, private individuals may be risen against I mam~I? that under this section, changed by the Philippine and the offense in doing so is made sedition. ' CommlsSlon as I have shown, such a person, doing no more than Then section 6 provides: I have suggested, is amenable to the punishment declared· which S"!JC. 6. Any person guilty of sedition as defined in section 5 hereof shall be punished by a fine of not exceeding $5,

In the Philippine act there is not only eliminated "spreading Let UB pass from section 9 to section 10, which declares ·that­ abroad false news,, but it provides that-- Until it has been officially proclaimed that a state of war or insurrection Every person who shall utter seditious words or speeches, write, pub­ against the authority or sovereignty of the United States no longer exists in lish, or Circulate scurrilous libels against the Government of the United the Philippine Islands-- States or the insular government of the Philippine Islands, or which tend to disturb or obstruct any lawful officer in executing his office, or which tend Now mark, this is the only section that fixes a limit for its op­ to instigate others to cabal or meet together for unla.wful purposes, or which eration. Every other section is without limit as to time; and, as suggest or incite rebellious conspiracies or riots, or which tend to stir up the Governor Taft stated when he was directly questioned upon the people against the lawful authorities, shall be guilty, etc. subject, all the other sections of the treason and sedition act will There is a wide d:i1Ierence between the uttering of seditious continue in force until they have been properly repealed. words and speeches that disturb or obstruct the lawful authori­ But I must read section 10 in full: ties and the uttering of words or speeches that simply tend to do Until it has been officially proclaimed that a state of war or insurrection those things. There is a d:i1Ierence-marked, clear, and well­ against the authority or sovereignty of the United States no longer exists in defined. Any number of people may be guilty under the law of the Philippine Islands, it shall be unla.wful for any person- the Philippines, but not a hair of their heads could be disturbed under section 5555 of the code of Tennessee, though they were To do what?- to advocate, orally or by writing or printing or like methods, the independ· to do identically the same things in the State of Tennessee. ence of the Pbilippine Islands or their separation from the United States, We now come to the act relative to secret societies, and I say whether by peaceable or forcible means, or to print, publish, or circulate that there is no statute in the United States or elsewhere that I any hand~ill, newspaper, or other publication advocating such independence have ever seen that is at all parallel with this. The compiler of or separation. this pamphlet places section 9 in apposition with section 267 of In a public meeting of the committee I asked Governor Taft if the laws of Maryland, doubtless to create the impression that sec­ the wise, the humane, and patriotic speech of the senior Senator tion 9 was but a copy of section 267 of the laws of Maryland. from Massachusetts [Mr. HoAR] should be distributed in the Let us see what the Maryland section is: Philippine Islands whether he who engaged in its distribution SEc. 267. If any person "1: persons within this State shall "bold any secret would not be subject to prosecution and punishment under this club or a sociation known oy him or them to be intended to effect, promote, section. Immediately protest wa-s made against propounding such or encourage the separation or secession of this State from the Government or Union of the United States, etc. a question, and the question was never answered. But I submit to the members of this body that under this section if any person Here the holding of a secret club -or association mUBt have for living in the Philippines should be found distributing a copy of its object an effect upon the State, to withdraw the State of Mary­ the CONGRESSIONAL RECORD with the eloquent speeches of the land from the Union, and it is a law that very probably was Senator from Mississippi [Mr. MoNEY] or the opening speech of within the purview of the State to ena~t. I want to suggest the Senator from Utah] Mr. RAWLINS] or the speech of my col­ here that while the government of a Territory can not declare league [Mr. TELLER] or the speech of the senior Senator from the crime of treason and provide for its punishment, such a disa­ Massachusetts [Mr. HoAR] or any of the speeches that have been bility does not apply to States, because a State is a separate and made in this body upholding the principles of free government, distinct sovereignty. The States, or the people of the States, by declaring that the principles of the Declaration of Independence the Constitution granted some distinct powers to Congress and were applicable to all the people as well as to the people of the reserved all others to the States and to the people. Therefore, a colonies at the time the Declaration was published, he who dis­ State legislature may define treason against the State. If the tributed the RECORDS would be amenable, under this section, and treason so declared operates upon the State and affects the State, could be arrested, fined, and imprisoned for giving them circu­ it is not akin to an act by a Territorial legislature defining and lation. No man who understands the force and effect of the punishing treason against the Government of the United States. English language will or can take issue with that proposition. But I will read the law of Maryland again: Has it not indeed come to a desperate pass in the history of the SEC. 267. If any person or persons within this State shall hold any secret club or association known by him or them to be intended to effect, promote, United States when it is a crime within the jmisdiction of the or encourage the separation or secession of this State from _the Government United States to distribute the speeches that are made by honor­ or Union of the Uruted States, every such person, upon conviction thereof, able Senators and Representatives in the Congress of the United shall be sentenced to confinement in the penitentiary for a term not less than States or the speeches of other individuals who may agree with two nor more than six years. them in political views? And the Congress is asked to approve Now, let me read the act of the Philippine Commission: laws such as 'these. So far as I can, .Mr. President, I utter my SEC. 9. All persons who shall meet together for the purpose of forming or protest against them. who shall form any secret society or who shall after the passage of this act continue membership in a society- There are six other sections to this law, all equally detestable Not a secret society, but in any society- with those I have discUBsed. They are without precedents in the States or the United States. They are sui generis, devised already formed, having for its object, in whole or in part, the promotion of to treason, rebellion, or sedition, or the promulgation of any political opinion or operate upon a helpless people who, 8,000 miles distant from con­ policy, shall be punished by a fine not exceeding $1,000or by imprisonment not stitutional relief, must be subjected to death, imprisonment, and exceeding one year, or both. fine ad libitum at the hands of some governmental satrap, grossly I have no more doubt than I have of my existence that this law misnamed a judge, to " make them want peace and want it very was enacted to meet what is known as the Partido Conservador, badly." the Conservative party of the Philippine Islands, a party which Mr. President, we undertook in this country more than a cen­ was admitted by Governor Taft to have for its platform, first, tury ago to enact laws of this character. I will read you the sedi­ peace; the submission of the people of the Philippine Island& to tion law of 1798, and when the provisions of that law are com­ the sovereignty·of the United States; to admit that the Philip­ pared with the laws of the Philippine Commission it will be seen pine Islands are territory of the United States; to use all of their that they are a beacon light of liberty as compared with the acts afforts, physical and moral, to induce the Filipinos in insurrec­ of the Commission. The sedition laws of 1798 consist of three tion to lay down their arms and recognize the right of govern­ sections, which I read from Foster on the Constitution: ment by the United states, and then to agitate peaceably for the SECTION 1. Be it enacted by the Senate and House of Representatives of the independence of the ·Philippine Islands. That is the platform of United States of America in Congress assembled, That if any persons shall un­ lawfully combine or conspire together with intent to ?!>pose any measure or the Conservative party. It was an association in existence when measures of the Government of the United States which are or shall be di­ these treason and sedition laws were enacted last November. rected by proper authority, or to impede the operation of any law of the This section was clearly intended to cover that political associa­ United States, or to intimidate or prevent any person holding a place or of· fica in or under theGovernmentof the United States from undertaking, per­ tion and to make those who continued membership in it guilty of forming, or executing his trust or duty; and if any person or persons, with sedition against the government of the Philippine Islands. intent as aforesaid, shall counsel, advise, or attempt to procure any insurrec­ I say to Senators if such a law as this is to be maintained, it will tion, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel advice, or attempt shall have the proposed effect or be to the shame of the Government that gives it countenance. not, he or they shall be deemed guilty of a high misdemeanor, and on con­ Ha-s it come to this, that within territory owned and controlled by viction before any court of the United States having jurisdiction thereof the Government of the United States a member of an association shall be punished by a fine not exceeding $5,000 and by imprisonment during a term not less than six months nor exceeding five years; and further, at the that ha-s for its purpose the promulgation of political opinions or discretion of the court, may be holden to find sureties for his good behavior policies, however innocent or patriotic, shall be guilty of sedition? in such sum and for such times as the said court may direct. It is a declaration that men mTIBt not continue to think; it is an SEC. 2. And be it further enacted, That ifany person shall write.,t print,utter, or publish, or shall cause or procure to be written, printed, utterea, or published. announcement that they must first learn the will of the Govern­ or shall knowingly and willingly assist or aid m writing, printing, utte~g ment, to find out what political policy or opinion it is willing for or publishing any false, scandalous and malicious writing or writings againsu1 them to advocate, then to advocate that, and if they depart from the Government of the United States, or either House of the Congress of the United States, or the President of the United States, with intent to defame it one hair's breadth to suffer the penalty of imprisonment and the said Government, or either House of the said Congress, or the said Presi­ fine. dent, or to bring them, or either of them, into contempt or disrepute; or to I am happy to say that there is no law in any other country, or excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to in any State or Territory of which I have heard, that is a parallel excite any unlawful combinations therein, for opposing or resisting any law to this in devilishness and atrocity~ of the United States, or any act of the President of the United States, and 1902. CONGRESSIONAL RECORD-SENATE. 1969

one in pursuance of any such law, or of the powers in him vested by the Con­ court, the court in which criminal offenses are tried and in which stitution o~ the United States, or to resist, oppose, or defeat any such law or act, or to atd, encourage, or abet any hostile designs of any foreign nation ?ivil suits of a certain magnitude are originally brought. There ag~inst the United. States, their people, or Government, then such person, IS ~o jury of any kind or character in the Philippine Islands for ~m.g thereof conVIcted before any court of the United States having juris­ criminal cases. For the trial of civil suits the judge has it in his dtAdams had been elected President. It ent provinces are practically inaccessible from the capital of the was believed by the people of the United States, or of most of them, islands, Manila. It requires a government vessel in the neigh­ and George Wa-shington concurred in the belief, that France was borhood of a month to visit the capitals of the provinces where about to wage war against the United States. Washington wrote they may bo reached by water. Many of them are not accessible a letter in which he gave what he believed was the plan of in­ by water. The roads in many of the provinces are almost im­ vasion determined upon by the French directory. The French passable. Just imagine one of these courts of first instance sit­ army was to land on the Southern coast, incite the slaves to rise ting in an inaccessible province, the judge of the court removed establish there the base of supplies, march to the North and from all influences save the influence that secured his appoint­ wrest the States from the Government and annex them to France. ment. Fifty or a hundred poor and helpless inhabitants of the There were in the United States at that time many sympathizers provinces are before him charged with the crime of treason and with the French Government. Mindful of the timely and neces­ sedition. . sary assistance that had been given by France to the efforts of However innocent the accused may be, the probabilities are that the colonies for their independence, they thought it was the duty they will be convicted, conviction to be followed by certain and in­ of the United States to actively sympathize with and aid France exorablepunishment. I do not believe you can conceive of a coun­ under the directory in its tremendous struggles against Great try having a system of laws such as this mwhich the inhabitants Britain. The sedition laws were enacted to suppress those are so perfectly helpless as they are before those tribunals. Courts: sympathizers with France, and the writers of the history of those martial would be heaven-ordained institutions in comparison with times point out that it was the sedition laws which caused the courts such as are provided in the Philippine Islands under the downfall of the Federal party. Van Holst was not an admirer conditions there existing. They are practically witho~t supervi-· of Jefferson. He was an admirer of Hamilton and his theory of sion by a higher authority. Governor Taft admitted that the government. Speaking of the sedition laws, which I have just Commis~ioD; appointed as judges only those who were in sym­ read, in his Constitutional History of the United States, Van pathy With Its purposes. Its purposes are to force the islanders to Holst says: a state of peace. Its courts will do their part of the forcing A small number of the Federalists were anxious for war, and the rest of operation. them co~idered it at least as probable as the preservation of peace Warlike In these days of trouble and bitterness in the Philippine Islands pre~rations we~e therefore pushed fot:wa.rd with.energy. But' it was not I ~ubmit that it wo~d be far better fo! an accused person to ~ constdered suffiCient to get ready to recetve the formgn enemy; it was neces­ sarr. to fetter the enemy at home. The angry aliens were to be gotten rid of t~ed by court-martial. A court-martial must necessarily con­ while it was not yet too late, and the extreme anti-Federalists were to be de­ Slst of more than one member, and these are bound by obligations of terred fr~~ thr!lrticula.rly_ the crime of treason," etc. There are proviSIOns m this bill which, according to a. cursory view, appear to me :Mr. President, in this connection I may discuss the indictment h!g?Jy exceptionable, ~~:nd such ~. more thaD: anything else, may endanger of the people of the Philippines by Governor Taft. I said 'in­ ctV!l war. I have not ttme t.o pomt out my ~bJections by this post but I will do 1t to-morrow. I hope, smcerely, the thing may not be hurried throuah. dictment of the people." . Never have a people been held up to Let us not, establish a tyranny. Energy is a. very different thing from Vio­ baser scorn and contumely by one who is their ruler for the time lence. If we make no false step, we shall be essentially united; but if we push being than have the people of the Philippines by the governor­ things to an extreme, we shall then give to faction body and solidity. general appointed by the President of the United States. I heard This wa-s the view of Alexander Hamilton more than a century S~nators talk about the e~~sion of the franchise to the Philip­ ago of the s~dition la~s of that Y_eai:, laws which, as I suggested, pm~ people; that we were gtvmg them lessons in free government; are beacon lights of liberty and mdependence as compared with taking them by the hand and leading them into the mysteries the laws enacted by the Philippine Commission. and benefits of the ballot box; and that within a generation or But, Mr. President, when we consider, in connection with the seye~al generations, under the benign influence of the Taft Com­ !aws, the tribunals by which those laws are to be enforced, then, miSSIOn, they wo_uld be raised to the dignity of a higher manhood, mdeed, should we shudder at the possible consequences. By what and when that ~e came, when_they had been thus qualified by courts are they to be enforced? As testified to by Governor­ our m3.?-~gement, If they then WIShed to walk alone, in all human General T!:l.ft-b~cause that is his title. in the Philippines; they probability our Government would help them in the effort. all denommate him" General "-there IS a court of first instance The franchise! Let me call the attention of the Senate to the established in each of the provinces to which, as he maintains, peace franch~e. That it is a ma:vel in its operation I think you will has been brought. The court of first instance is the nisi prius agree With me. How does It operate? I read from part first Qf XXXV-124 1970 CONGRESSIONAL RECORD-SENATE. · FEBRUARY 20,

the report of the Philippine Commission for the period from De­ Now, Mr. President, we have heard much of the ignorance of cember 1, 1900, to October 15, 1901. Those who are granted the those people. This is what the War Department says, speaking franchise must speak, write, and read the Spanish or English lan­ of the Tagalogs, who comprise about 2,000,000 of the inhabitants: guage, must be the owner of property of the value of $250, Ameri­ Most of them, both men and women, can read and write. can money, or pay a tax of at least $15. The Commission, writing The Visayans are nearly two millions more. They are closely upon that subject, says, quoting from page 32: akin and follow closely in the footsteps of the Tagalogs. Most of An attempt has been made to ascertain the proportion of qualified electora to inhabitants in the towns thus far organized. Difficulties of communica­ the Tagalogs at least can read and write. tion have rendered this effort onlr partially successful. ReturDB have been Governor Taft says this is not true. After compiling from received from 390 municipalities, showing a total population of 2,695,801. and a standard authors and authorities; after consulting all that was total of 49,5~ qualified electors, or 18.37 electors per l, inhabitants. communicated to the Insular Division of the Department; after In other words, the right to vote, so far as practical results are consulting with returning officers who had been through the concerned, has been grantctl to something less than 2 per cent of islands, both as travelers and prisoners1 the War Department the population-18.37 electors out of 1,000 inhabitants-and that communicates its information to Congress. I place the War result is declared by the Commission after a zealous attempt to Department against the statement of the governor of the Philip­ ascertain the proportion of qualified electors to the inhabitants of pine Islands and will let the Senate of the United States judge towns thus far organized. Returns were received from 390 mu­ between.them. nicipalities, showing the total of population2,695,801, with a total Right here let me suggest that one of the most crnel things of 4U ,523 qualified electors, or 18.37 electors for every 1,000 inhab­ which this beneficent Government is engaged in doing is ern h­ itants; less than 2 per cent. ing out the language of the Prulippines. Mo t of the Tagalos Governor Taft declared that there were no people in the islands can read and write. So says the War Department. But from 5 fit for jury duty. He was asked why they did not go to the body to 7 per cent of them speak and write the Spanish language; but of electors, since the body of electors comprised the intelligence most of them do speak and write their own language-a language of the Philippine Islands, for jurors; and he stated that that could with a literature, a language in which a number of poems have not be done, because they were either corrupt or open to co:r:rup­ been composed, in which works of fiction and philosophy have tion. Those who can not vote, he reasoned, can not be selected been written, a language which has a literature of substance and for jury service. They also are corrupt and open to corruption. beauty. The United States is engaged in crushing out that lan­ Governor Taft de~lares that men fitted for suffrage in the Philip­ guage by every act that is available to it. pine Islands, and to whom suffrage is granted, are not sufficiently I know of nothing that will more surely breed discontent than honest to perform the duties of jurors. efforts to crush out the language of a people. Austria is endeavor­ Mr. President, I beg leave to differ with the honorable governor ing to do it with Hungary, and we know the effort ha led to of the Philippine Islands. I am afraid he was not altogether riots in the legislature of that twin Empire. We know it has frank with the committee in giving his reasons for depriving the almost resulted in war between them. The Slavs will not sub­ Filipinos of the right of trial by jury. When these treason laws mit to the crushing out of their language. are read, when the character of the tribunals before which those No man may vote in the Philippine Islands, whatever his in­ accused must be tried is taken into consideration, I think it is telligence, unless he reads and writes the Spanish language, the reasonably clear that juries are denied in criminal cases because language of the tyrant conqueror of the islands. Those who write the Commission is afraid to trust Philippine juries with the en­ and read the English language may also vote. But Governor forcement of the laws extended over them. It wants the admin­ Taft says that the fraction of those who speak the English lan­ istration of justice kept in their own hands. The Commission is guage in the islands is so small that it is not worth taking into determined to say who shall go to prison and who shall pay a fine consideration. Those who read and write only the language of or who shall suffer death. They realize that the peace of which the islands, though they may compose poems and write history they speak is a fal e peace. They realize that the spark of liberty in that language, are prohibited from the use of the ballot. and a desire for independence have been enkindled in the boom It is said we sent over 800 teachers. To do what? To teach of the great body of the Filipino people, and although the Fili­ them the English language. But we force the Filipipos to pay pino people may profess a desire for peace now, they can not be for their transportation and support without giving them a voice trusted to enforce the tyrannical and the drastic laws that the as to what or how they shall teach or in what language. We Commission have set in operation against them. force them to pay all taxes necessary for the salaries of teachers Mr. Pre ident, I should like in this connection to call the atten­ and the support of the schools to root out their own language and tion of the Senate to the people of the Philippine Islands. They supplant it with that of the new conqueror. have been slandered, they have been defamed. They have been It seems to me, Mr. President, that it is not creditable. There proclaimed a mass of besotted ignorants, cruel, treacherous, de­ is not much benevolent assimilation about that. It is simply the. ceitful, idle, slothful, and corrupt human beings. Think of a hu­ act of a conqueror, and a conqueror that is disposed to be tyran­ man mass of this character, and that the United States have at­ nical, who cares nothing for the sympathies and yearnings and tempted to civilize and elevate it to a level upon which its mem­ prejudices and nature of the people over whom it has as umed bers will intelligently and faithfully exercise self-government. the right to rule. . I take issue with the defamers of this people. ·I take issue with Now, let me read further: them: and I do not depart from governmental sources in sustain­ Three centuries and over of Spanish snbjus-ation have not been sufficient ing my claims. I will confine myself to the records of the de­ to materially change their racial characteriStics. partments of the United States Government in showing that the Yet we are going to do it in a generation. Philippine people are what their friends believe them to be. I think it is well worth while to give the necessary time to compre­ Wallace gives them place as the fourth great tribe of the Malay race. hend the picture that the War Department has painted and then TheTagruogpo~~ compare it with the picture painted by Governor Taft. Mark now- I read from a document styled ' The People of the Philippines," The Tagalog po~~s great self-respect, and in his behavior is quiet and decorous. He treats others with politeness and expects it for himself. Judg­ Document No. 218 of the Fifty-sixth Congress, second session. ing of industry as one must judge of it in the Tropics, he may be said to be Only about a year ago, after we had been in possession of the reasonably ind..ustriom, and often works very hard, especially as a casco Philippines for at least two years; after officers of the Army and poleman against the swift current of the Pasig. The wife- Navy and private citizens had visited all parts of the Philippines; Even a woman there is upon a plane of equality with the man, after American soldiers had been brought into contact with the giving evidence of at least a certain degree of civilization- Philippine people as prisoners of war; after there had been full The wife exerts great influence in the family. especially in trading and in opportunity to determine whether the Philippine people were bargain making; indeed, she may often be rolled the real head of the house. treacherous or cruel, whether they were trustworthy and kind; Now we coma to their treatment of the children. after two years of this experience the War Department gives to the Congress of the United States the conclusion it reached as to They treat their children with great forbearance, and manifest great de­ sire to give them a good education. Parental authority continues during the the nature and character of the Filipinos. This is the letter of entire life of the parent. Mr. Sawyer states that he bas seen a man of 50 transmittal: years come as respectfully as a. child to kiss the hand of his aged parent at w.A.R DEP.A.RTMJ;NT, wa~hington, February 15, 1901. the sounding of the vesper bell. Children in return show great re pact to Sm: I have the honor to transmit herewith an article on The People of the both pa-rents, coming to them morning and evening to kiss tlieir hands. Philippines, compiled in the Division of Insular Affairs from standard works and the records of the Department, supplemented by the personal experience Mr. McCOMAS. May I interrupt the Senator from Colorado? of returning officers. · A moment ago he spoke of the language of the people? This article, together with the data. contained in the recent repo~ of the Mr. PATTERSON. Yes, sir. Philippine Commission, would possibly supply the constantly growmg de­ mand for information on this subject, and may possess sufficient interest to Mr. McCOMAS. What language, do I understand? warrant publication. Mr. PATTERSON. The Tagalog. very respectfully, ELIHU ROOT, Secretary of War. Mr. McCOMAS. The Senator will remember the statement of It is directed to Hon. H. C. LoDGE, chairman of the Committee Governor Taft that-- on the Philippines, United States Senate. Mr. PATTERSON. Oh, of course. Of course the governor 1902. CONG RESSION .AL RECORD- SEN ATE. 1971 took issue on nearly every statement made by the War Depart­ nation and little restraint, unison in gr!ldation, liberty, not license, orderly children respected parents, women subJect but not suppressed, men ruling ment. As I said, it was the War Department with all its oppor­ but not despotic, reverence-with kindness, obedience in affection-these form tunities for knowledge, with a careful consideration and sifting a lovable picture, nor by any means a rare one in the villages of the eastern of what it had learned and read, against the statements of Gov­ isle3." ernor Taft. Then the War Department continues after the quotation: 1\Ir. McCOMAS. If the Senator will allow me, within 20 or 50 It might be well to remark that this is an ideal picture and one only too miles in various directions there would be ten or fifteen different rarely found among English-speaking people. dialects whereof one person could not understand any other. Is I will read further: not that true? The children before atta_ining_ the a&'e of puberty are not especia~y gO

.1972 CONGRESSIONAL RECOED-SEN.ATE .

That is, a promissory note- composing the Paris Peace Commission had arranged for the in­ bearing interest for the remainder, and never by any possibility denying dependence of the Philippine Islands with an .Americt!fl. prot-ect­ the debt. I never made a bad debt amongst them, and g11i.dly testify to their orate. He immediately laid down his commission and immedi­ punctilious honesty. This idea of the sacredness of an obligation seems to prevail amongst many of the Malay races, even among the pagan savage3, as ately took the oath of allegiance to what he supposed was the new I had occasion to observe when I visited the Tagbanua.s in Palawan (Para­ republic. Doubtless he had in mind the exalted procedure of gun.). They certainly did not learn this from the Spaniards. Washington when the war of the Revolution was brought to a Then the Department tells how the Spaniards found it impos­ close. This entire report of Sargent and Wilcox should be read. sible to introduce the bull fight among them. Their nature It fully corroborates the printed views of the War Department. rebelled against the atrocity of that so-called sport. In literature Mr. President, I will not dwell longer upon this feature of the this is what the War Department says: controversy; but, as I have said before, it is well that the Ameri­ The Taga.l race possesses but little literature in its dialect, since those who can people should have another picture of the Filipino than those have made advancement along these lines have usually used the Spanish lan­ painted by his enemies. They are a homogeneous people. They guage. In the exhibition of the Philippines at Madrid, 1887, Barranter showed 20 volumes of grammars and vocabularies of the Philippine dialects and 31 are bound together by racial ties, by religion, and by a fervent volumes of popular native poetry, besides 2 volumes of native plays. We and almost universa! desire for freedom and independence. Surely have examples of a high order of mentality among the Tagals when they have the£e constitute an unusually safe foundation upon which to build had the opportunity for training in the higher branches. The schools of primary instruction show that the children are both eager and apt to learn. a free and independent state. The Tagal, doubtless,_ under American system of education will manifest When the history of the eight months' existence of the Filipino great ad;ance, but to mcrea~e his mentality without proper reg:;trd fot: a pro­ republic is read and m:derstood, there will be found a complete portionate increase in that which pe~ to higher stan~rd of ~tegnty and uprightness of character would make him a very undesirable mhzen. answer to every claim that has been made by the imperialists of Of course the War Department could not end its description to-day that the Filipino is not capable of giving to his own kind without saying something to support the Administration claim a safe, orderly, and law-abiding government. His government may not be a government such as ours, but it will be a govern­ that the Filipinos are unfit for self-government. ment suited to his own convictions and conditions, a government Mr. President, if that were all it might be possible that the based upon what he has learned since his attention has been War Department is mistaken, ~ut P;of. ~erdinand Blumentri.tt, turned to the teachings of the American Republic for more than who is given by the Encyclopedia Bntanmca as the first authonty a century. on tbe Pbilippines, describes the Christianized Filipinos, number­ Do you blame the Filipino because he struggles for that which ing more than 6,000,000, as follows: you taught him to struggle for? Do you blame him because he The main features of Filipino character are quiet docility and ambition, which ranges through differen~ de.grees, from vanicy: to proud stri~g aft€r believes in his heart of hearts that governments should derive reCOfP1ition of the Ego, and which IS one of the most unporta.nt physical fac­ their just powers from the consent of the governed? Do you be­ tors m the Philippine question. This exp~ins ~heir .Proneness to reven~e, lieve him .. when, through the Federal party, he tells you that which (long reined in and mastered) seeks satisfactiOn when opportu.J?.ity offers. Another attribute of the Filipinos has shown itself for the fir~t time no form of colonial government will satisfy him, but that he in the rebellion against the Spaniards and in the war against the AmeriCans­ wants. first, a Territorial government under the Constitution of the an attribute which there had been no previous opportunity to obser,ve. TID:s United States, and ultimately statehood? That is what is de­ is a self-control which resembles that of northern peoples, and which mam­ fests itself in this: That they restrained themselves, with few exceptions, manded by the intelligent Filipinos who are most friendly to from Eatisfying their ancient thirst for revenge on the unfDrtuna.tes who fell American domination. int<> their hands because they were mindful of "their reputation in Europe." The great majority stand upon a higher plane; they know their In fact, the Philippine revolution h~s not been s~a~ed by such ct:uelti~ as have the revolutions of European nations. There IS still another thing which own resources and possibilities; they have had experiences for a ca~ts a favorable light upon their national. character, namely, the di.Scipli:t?-e number of years, and we know they have demonstrated that they maintained by the former army of rebellion, no'"! the army of freedom, m are self-contained, but they can not restrain the natural prompt­ the Philippine Re:public. All who hn.ve read the history of the revolts of the Spanish colonies m America will surely remember that the rebels were al­ ings of the human heart for liberty and independence. They held ways in discord, and that their generals betrayed, deserted, and, even in the their Spanish oppressors as prisoners of war by the thousands and very presence of the enemy, fought each other. Yet, with few exceptions, treated them with a humanity that commanded the commenda­ those generals belonged to the white race, the creole nobility. In the Philip­ pine army, on the contrary, that was drawn together from so many prov­ tion of the civilized world. These things the Filipinos have mces and whose generals were chiefly Malays, all ran smooth, and, if we ex­ learned. They now comprehend their own possibilities in the cept the single case of Genex:a,l ~una ( w~c~ ~not .Yet been. spirit of subordination and discipline which the Filipmos coula not have learned from their former Spanish masters. Germans who have these convictions from their hearts and minds? lived both in Japan and the Philippines ass~rt that.the. Filipino is the equal You propose to educate them. The more education you give of the Japanese in many respects and far his superiOr m a sense of honesty them of the American Jqnd, the more determined will be their and justice. The character of the ~ilipino as a host and friend is w~ll ~own, and I have so often experienced this that I can not suffi.mently praiSe 1t. stand for all that for which the American people stand. The more the Filipino reads political literature, such as the press of I might supplement this by the reports of Wilcox and Sargent, this country is continually publishing, the more restless he will the one a paymaster in the Navy and the other a cadet. They become under the domination of a master-far the attitude of made a tour of the Philippine Islands, starting while the Ameri­ this Government to the Filipinos is that of a master. The atti­ can Army was occupying the trenches in which the Filipino tude of the Administration, as I understand it, is that of the three troops had held the Spaniards-occupying the trenches which the members of the Supreme Court who concurred in the decision valor and courage of the Filipino soldiers made so eas;r of con-. rendered by Mr. Justice White. No man can read that decision quest. While the forces of the two peoples were facmg each without concluding that they hold that Philippine territory is other, Sargent and Wilcox., desirin~ to make a trip through the simply appurtenant and may be controlled by Congress to the islands, applied for a permit to Aguml:l]do. same extent and in the same way that the Government controls It was requested also by General MacArthur and Admiral its other property; as it manages its horses, its buildings, and Dewey, but Aguinaldo declined to give a l'assport, sa~g, "You mlmitions of war. The islands and their population are property may go; you will be safe; you h~ve nothing to fe~r.. Sar~ent within the control of Congress, and there is no limitation upon its and Wilcox made a report of then several months JOurneymgs power over them. through eight or nine Filipino provinces. They traveled during There is no suggestion in their opinion, as there is in the opin­ the existence of the Filipino republic, with Aguinaldo as its pro­ ion of Mr. Justice Brown, that there are certain natural inherent vi., · onal head. These officers made a report to the Navy Depart­ rights which the Constitution guarantees the inhabitants, and ment of their observations during the journey. I will read but which should and will be enjoyed by inhabitants of the islands. one sentence. which, it strikes me, is most significant: There is nothing of the kind in the opinion written by Mr. Justice The steamer Satumas, which had left the harbor the day before our ~rri­ White. It is after the plan of that opinion that the Administra­ val brought news fromHon~kong papers that the Senators from the Uruted States at the congress at PariS favored _the indepe_ndence of t~e islandl? with tion is goT"ering. an American protectorate. Co~on~l T1rona. cons1dere~ . th~ ¥ormation of Governor Taft was asked whether he would favor a declaration sufficient reliability to justify him m regarding the Philipp me mdependence by the American Congress that the Filipinos were entitled to and as a ur ed and warfare in the island at an end. should have Territorial government as enjoyed by other Terri­ In the morning Coloool Tirona resigned his co~mand as one of tories under the Constitution, and he said that he would not-not the Filipino commanders. Let us see what he did: even a Territorial form of government, a government affording the For this reason he proceed~d to reJ.41quish military co~~and he held over people constitutional protection. · the provinces and to place this power m t~e ha~dsof a mvil officer ~1 6C? t~ ~ by the p eople. This officer also made a speech, m which he thanked the disctplined Mr. President, I will refer briefly to another topic justified by military for ces an d their colonel for the services they had r endered the prov­ the statements of Governor Taft before the committee. It re­ inces and assured them that the war they had begun would be perpetuated lates to the condition of the insurrection now in the Philippine by th'e people of the provinces, where every man, woman, and child stood r eady to take up arms to defend their newly won liberty and resist to the Islands. He states that the insurrection is suppressed in all but last dropo f their blood the attempt of any ~tion whatev~r to ~ring them three of the provinces. He states that there are little more b..'l.Ck to their former state of dependence. His speech was unpass10ned. He than from two to three thousand Filipinos in insurrection. then placed his hand on an open Bible and took the oath of office. He states that he feels as safe in the pacified provinces as he Thic; was the action of a Filipino military commander when the would on the streets of Washington. If this be true, what jus­ false news was brought that the Senators of the United States tification is there for the odious and unconstitutional treason and 1902. CONGRESSIONAL RECORD-SENATE. 1973 sedition laws, especially when by the terms of the act they are appurtenant and not territory that has become m. part of the operative only in the alleged pacified provinces? United States. It is founded upon the fact that the Philippines In that connection I would refer to the Federal party, and em­ are but colonies of the United States, and their inhabitants sub­ phasize what I said upon a former occasion, that the Federal party jects and not citizens. is the right hand of the Philippine Commission in the Philippine It is because of this that Congress imposes a tariff upon goods Islands. This is what the Philippine Commission says, on the imported into the islands from the United States and upon goods very first page of its report, about the Federal party: brought from the islands into the United States. This alone An account of the feeling of the Filipino people, which made the Federal makes them a colony within the European standard of colonies, party possible, will be found in a.n appended report of Dr. Pardo de Tavera, and Congress has assumed to govern them precisely as Grea~ some time its president, and Senores Benito Lega,rda. and Jose Luzuriaga,, members of the party, all of whom are now members of the Commission Britain governs its colonies or Germany or France theirs. Listen (Appendix A). again to what the Federal party declares about the effect of gov­ All members of the Commission of which Governor Taft is the erning the islands as a colony: head. Then the report proceeds: To make of the PhiliplJines a colony of the United States or to gral!t inde­ pendence to the Philippmes would be to hand the islands over to disorder It was organized to secure peace for this country under the sovereignty of and to anarchy, to destruction and to chaos. the United States. The party spread like wildfire through the archipelago, and there are now few towns in any of the provinces which have not their Are the Senators upon the other side willing in the face of this Federal committees. Its members were most active and effective in induc­ warning to assume the risk that the statement of the Federal ing insurgent leaders to surrender. party is untrue? It does not seem unreasonable to ask the Senate to lend ear to It may be that you have confidence that the Army, if the peace­ what this Federal party. urges. The three leaders are members ful Filipinos again rise when they learn that you treat their appeal of the Philippine Commission. It was organized, if not by the with contempt, will overcome them again. It may be that you procurement, at least with the approval of Governor Taft and the can again raise the Philippine army to 70,000 and stamp out what­ other members of the Commission. The Commission leaned upon ever opposition may arise out of your present course. You may it as a staff, and it supported them in their early efforts. It was be right, but either the consequences or the alternative should this Federal party that, after armies had swept over the islands warn you to desist. like besoms of destruction, induced the people to accept the Gov­ What perfidy is there not, Mr. President, in such a course? The ernment of their op:pr.essors, advocating peace in the islands, with Federal party gained its strength and influence through its repre­ recognition of the sovereignty of the United States. There are sentations to intelligent Filipinos that should they join the party over 150,000 members of this party in the Philippines, most of the and acknowledge the supremacy of the United States a Territorial members the intelligent, Spanish-speaking, and Spanish-writing government, guarded by the Constitution, and ultimately state­ Filipinos, and the testimony of Governor Taft is that the Filipino hood, would be granted to them. looks with peculiar reverence upon the intelligent members of Statehood, when? In generations from now, or in the life of his race. These Federalists have done yeoman service toward those who are making the sacrifices for statehood? A government stable peace in the conquered islands. under the Constitution for their children's graJ?.dchildren or for Therefore it seems to me that when they, in the most solemn way themselves within a reasonable limit of time, having in mind the possible, tell you what they desire, what the Filipino people will ordinary length of human life? It was by these representations endure, what they will not endure, tell you the inevitable result the Federal party was strengthened. It was by these representa­ of one course of conduct and the result of another course of con­ tions that the peace you l!ave in the islands now exists. duct in the islands, you should, above all others, listen to this The petition further recites: · _ party through its representatives. In behalf, then, ofthe·Federal party, this convention has the honor to very Now, what do they say? I trust the Senate will bear with me respectfully present to the Con!S!ess the following petition\ praying a 9-~cla.~·a.­ while I read with some detail the statements of the communication tion by the Congress of the Umted States to the effect tnat the-Philippme Islands as the-y are described in the treaty of Paris and subseq_uent conven­ to Congress, of which Governor Taft was the bearer, delivered tions With1 Spa.m, are an integral part of the Republic of the UmtedSta.tes of to the War Department and communicated by the War Depart­ North America, the said Philippine Islands constituting a. Territory with the ment to Congress. Governor Taft and the Commission give rights and privileges which the Constitution of the United States grants to faith and credit to this party. They have practically said to the the other Territories, such as that of becoming eventually a. State of the leaders of this party: "We are your friends. We stand for your Union. promises. We will use our influence to secure all that you prom­ If the Senator from Nevada [Mr. STEW.ART] were here, I shoula ised to the Filipino people to induce them to join with you in remind him of the speech he made day before yesterday. He abandoning the struggle for independence and to submit to the said: "Of course, we will give the Filipinos a Territorial form sovereignty of the United States." of government. Of course we will.'' But when'! asked Governor In their petition they say to Congress: Taft whether he would favor Congress making this declaration·, even eliminating from it all reference to statehood, his answer PETITION FOR .ANNEX.ATION .AND FORM OF GOVERNMENT. was that he would not. The exact question propounded to Gov­ The Federal party has made an exhaustive study of the sentiments of the ernor Taft was: "Now, eliminating from the proposition all Filipino people. question of statehood, would you favor a declaration by Congress The Fed~ral party has made an exhaustive study of the senti­ that the said Philippine Islands should constitute a Territory of ments of the Filipino people. Which is entitled to the greatest the United States, with the rights and privileges which the Con- credit? The statements of this Federal party, made through its .stitution of the United States grants to the other Territories?': recognized leaders, who are Filipinos of the Filipinos, and who And his reply was that he would not. know their people, their hopes, and their aspirations. For myself, Mr. President, I heartily support the minority bill The Federal party has made· an exhaustive study of the sentiments of offered as a substitute for that of the majority. It proposes, in the Filipino i>eople, as well as those animating the American people, with re­ short, to grant independence to the Philippines, this Government spect to determming the future of these islands. From the mass of data. which the Federal party has ha.d before it, and to retain control until their inhabitants form a stable government seriously and formally considered, it is clearly deduced that the intention of of their own. It insists that all in the islands shall be given like the Americans and Filipinos is to constitutionally- protection; that this country sh;l.ll have such coaling stations and That is, what they say is clearly deduced- such other facilities as may be needed to advance our Western is to constitutionally join the Philippines to America. in such a way that the commerce. Pursuing this course, we will not be troubled with former may never be separated from the latter nor the latter disunited from questions of statehood and constitutional Tenitorial government the former. for the Philippines, nor by .fears of uprising to throw off our Then they insert this quotation from the Constitution of the colonial system. By such a course the Constitution will continue United States. wbich in their own printed copy is in small caps, unimpairedandourcountryand its institutions willcontinuein the so as to emphasize it. future as they have in the past to receive the blessings and prayers "In order to form a. more perfect union, establish justice, insure domestic of the liberty loving in every land. I do not want the Philippines tranquillity, provide for the common defence, promote the general welfare, either as States or Territories, and still more do I deprecate their and secure the blessings of liberty" are the principles in which the policy which should be followed in the Philippines should be inspired without the retention as colonies. The Filipinos have earned their independ·­ loss of a. moment. ence. I believe they can form a stable republican government, not Now, listen- as perfect as ours, but perfect enough for themselves, for it will be To make of the Philippines a. c6lony of the United States or to grant inde­ after their kind and they will in the end perfect it so as to meet pendence to the Philippines- all the requirements of an Asiatic, liberty-loving people. Putting one upon an equality with the other- Mr. President, I have occupied more time, under the circum· To make of the Philippines a colony of the United States or to ~nt inde­ stances, than I should. I have not gone at· all into events ante­ pendence to the Philippines would be to hand the islands over to diSorder and dating the President's order directing the American Army to to anarchy, to destruction and t.;!:.' r.haos. proceed to subjugate the Philippinelslands. I believe the United This bill, which the majority will vote for, is based upon the States should release that which was secured through perfidy and theory that the Philippine Islands are as foreign territory;.that the strong arm of an invading army. It should release the the Constitution does not extend to them; that they are terntory 8,000,000 of people, 6,000,000 of whom are Christians. Christians. 1974 CONGRESSIONAL REOORD-SEN.ltTE. FEBRUARY 20,

Christian natives! ChriBtiansl The trouble may be that they lating is not only derived from this source, but also rests upon and are not Protestant Christians. is derived from the express language of the Constitution: The suggestion may cause a smile, but I have it in my mind Congress shall have power * * * to make all needfol rules and reg'U]a­ that if the 6,000,000 Christian Filipinos had learned their Chri'3- tions respecting the territory * * * bslonging to the United States. (Par. 2, sec. 3, art. 4.; Bere 11. Pitot, 6 Cra.uch, ~7; Am. .Ins. Oo. 11. Canter, I Peters, tianity in the sanctuaries of the Methodist, Baptist, and Presby­ &W.) terian chm·ches, and if such Filipinos were as well founded in This is the clear and emphatic language of the Constitution. the cardinal virtues of Christianity as are the Filipinos to-day, The people of the ceded territory, through the act of cession, there would besuchan uprisingbythe Methodists, Presbyterians, sever their political connection, but do na!i thereby divest them­ and Baptists in the United States against the cruel, unconstitu­ selves of those rights and immunities given them by their local tional, and relentless policy of the Administration in dealing with laws for the protection of their person and property. These laws their people that there would be but few members of Congress remain in force until changed or abrogated by the nation to whom who would face the consequences. they are ceded. The people of such territory do not, though ceded But they are not Protestant Chlistians. Neverthv1ess, Mr. to a self-governing nation, such as O'll'S, thereby ipso facto become President, they are founded in the virtues of Christianity. They entitled to self-government, nor do they become vested with any have acquired self-restraint, the domestic virtues, a fair degree of political rights except such as may be conferred upon them by hopesty. They love their neighbors as nearly as the average Congress. (Story Canst., sec. 1324 and 1325.) Christian loves his neighbors. They display a desire for fi·eedom Until" Congress intervenes by appropriate legislation the gov­ and independence that could only have been inspired in schools ernment of the a-cquired territory remains under the control of of the highest politics and have emanated from the teachings of the President, as the head of the executive department and as such masters as Washington, Jefferson, and Madison, ba-cked Commander in Chief of the Army and Navy. Such a govern­ with the best thoughts and grandest impulses of all true lovers ment-and I wish to call the attention of the Senator from Colo­ of liberty in the American Union. rado to it-is a valid and constitutional government. resting upon I will not occupy more time. I have said more than I expected to the right of conquest and acquisition. It wa.s so held in the case say. If I have expressed my honest and my deepest convictions of California, which was taken possession of by our military au­ upon this most vital question as one of the t·epresentatives of my thorities in 1846 and remained under the control of the President S~te upon the floor of the Senate, I have but done my duty. till it was admitted as a State in 1850 (Cross v. Harrison, 16 How­ Mr. NELSON obtained the floor. ard, 164); and it was so held in the case of New Mexico (Leitens­ Mr. LODGE. Will the Senator from Minnesota yield to me dorfer v. Webb, 20 Howard, 176). fol' a moment to make a motion? California never had a Territorial government. It remained Mr. NELSON. Certainly. under the control of the War Department, the executive depart­ . Mr. LODGE. I move that when the Senate adjourns to-day ment of the Government, from the time we got it in 1846 until it it be to meet at 11 o'clock to-morrow morning. became .a State in 1850, and our Supreme Court held that that The motion was agreed to. was a constitutional and valid government. .Mr. NELSON. Mr. President, it is my purpose, for a few This implied power was expressly conferred upon the President moments, to discuss some of the comtitutional questions involved by act of Congress in the case of Louisiana in 1803 and in the in the proposed legislation. I find that much confusion exists as to case of Florida in 1819. The amendment to the Army bill of to the constitutional powers of and the constitutional limitations the Senator of Wisconsin [Mr. SPOONER] is a counterpart of this imposed upon Congress in legislating for onr territorial possess­ act, and neither of them confer any other or greater power upon the President than he is vested with under the Constitution, inde­ ions. pendent of statute, as dGcided by our Supreme Court in Cross v. But before I proceed witb. that discussion I can not help calling Harrison, 16 Howard, 164. attention to one fact. We have had attacks made indirectly We are now about to legislate for the Philippine Islands-one upon our soldiers in the Philippines; we have had attacks made of our recent territorial acquisitions-and the question before us upon our government in those islands; but it remained for the is not, as some suppose, whether the Comtitution or any part of Senator from Colorado [Mr. PATTERSON] to characterize as an it extends by its own force, independent of legislation, to the act of tyranny and despotism the fact that we have sent American islands. That question prope1·ly occurs after cession and before teachers there to teach the Filipinos the English language, and legislation, and has been settled by our Supreme Court. tax them for that pm-pose. The Constitution gives Cono<>Tess the power, within certain A large number of our great Northwestern States have been set­ limits, to legislate for the United States and all their territorial tled by men and women speaking a foreign t.ongue. We have possessions. Congress as umes the power to legishte for the taxed them to teach them in American schools the English lan­ Philippines because they are a part of the tei·rito:ry of the United guage, and not a single one of them within my lrnowledge has States. And in thus assuming to legislate the question arises: ever protested that it was an act of tyranny o1· despotism. And What are the powers of Congre s in the premises and what if what we have done in the great Northwestern States to develop any, are the limitations upon such power? These limitations may them-the States of Wisconsin, Iowa, Jlrlichigan, and Minnesota, come from two sources, the treaty of cession and the Constitution. in teaching om· large foreign population the English language This Constitution * * * and all tre:1oties :made or whic!J. shall b9 made and taxing them for that purpose-we certainly have the right to under the authority of the United States shall be the supreme law of the do in tb.e Philippine Islands, and it is no more despotism in one land (pa.r. 2, Art. Vf)- case than in the other. is the language of the Constitution. The power to legislate and I was not surprised, after the Senator from Colorado had ad­ govern comes from two sources, the treaty and the Constitution, vanced that idea, that he was the first Senator to inject the sec­ with the Constitution paramount in case of conflict. Such being tarian question into this discussion. One follows the other inevi­ the case, the first question that arises is, What are the mandates tably, and I was not at all surprised a~ it. It is not, as the Senator and powers of the treaty? And, in considering this matter, it intimates, a Protestant scheme to gwe them the benefits of an will instruct and throw some light on the subject to consider the English education. It is for the purpose of civilizing them and several treaties of cession that our Government has entered into making good citizens, fit for free government. Attendance is not during the period of its existence. compulsory. The Filipinos are eager to learn English, and I By the treaty of April30, 1803, with France, ceding Louisiana would remind the Senator that they complain far more of the to the United States, it was provided by article 3 as follows: friars than the English schools. The inhabitants of the ceded territory shall be incorporated in the Union No one can now be found to deny the Federal Government the of the United States and admitted as soon as possible, accordin~ to the prin­ ciples of -the Federal Constitution, t.o the enjoyment of all the nghts, a.dvan­ power and right. to acquire ~erritory by c:onq:nest ensation or m mdemmty for future aggressiOn or By the treaty of February 22, 1848, with Mexico, it was pro­ danger. (American Insurance Company v. Canter, I Peters, vided by article 9 as follows: 540.) . The Mexicans who, in the Territories aforesaid. shall not preserve the Tho power of acquiring involves the power of holding, and character <1f citizens of the Mexican Republic, confor::na.bly with what is frOIIl. these twofold powers springs, as a necessary and inevitable stipulated in the preceding article, fillall be incorporated into the Union of the United Stat-es, a.nd be admitted at the proper time (to be judged of by con equence, ~he J>Ower of gove~g and of legi~ating for t~e the Congress of the United States) to the·enjoyment o! all the rights of citi­ ~ territory acqUll'ed and held. This power of governmg and legiS- zens of the United States, according to the principles of the Constitution, 1902. CONGRESSIONAL RECORD-SENATE. 1975 . .s.nd in the ~ea;ntime shall be maintained and J?rqtected in the ~ee enjoy- ' i_ppine Islands. They are as savage, as ignorant, as brutal, and mS?-~ of t~Elll' liberty :_J.nf:l Pl'Operty, .and secured m the free axerclSe of thmr as little ·fitted f-or -self-government as most oi our Indian tribes, t:elig?:on Without restrtction. a . . . t to d . th f f ·.g~ hi th :_1.. ·b'tant of "-t.. d d te ·to an It IS no more unJus epnve e ormer o Ch=ens p a-n ln eac h of these cases the ll.Llla I s . -W..Le ce e . ~ ry the 1atter. . ~e, by th~ ierm.s. o! the tJ::e~ty' vested Wlth. all the pnvilege?, There is no more ground fC?r bolding that the fourteenth amend­ :rights, .and ~munit1es of c1tiz.ens _of th~ Umted States. The1e ment applies to the uncivilized tribes of the Philippine Islands was no exception 3;8 to any elass of inhabitants, -and yet · O~ Gov- than there is in holding that it applies to the 11Ilcivilized or par~ ~ent ~' pe.rSIBten~ly and. f?:om th~ Yer:Y o~tset, derued. the tiaHy civilized Indian -tribes here in our home country. The Con- ng~ts, P~IV1leges, and n::nnunities of Citiz_enship to the vanou:' stitn:tion no more breathes the life af citizenship into -the unci-v:-­ Indian tnbes ~ho occupied ~he ceded ten"itory and whu consti- ilized tribes in one case than in the other. ·tn1:_ed, ~t the trme of t!Ie cessiOn, the greater number of the popu- In all these cases of cession -the consent of the people in the ~ation m these possessl0?E· . . . ceded territory was neither given nor asked; nor until in the case In _-the case of t~a Indm~,. the pr~ctice and ~e which had boon of the .recent cession from S_pain has the point been seriously made •applied to. them m the o~rgmal -thirteen. colomes a'!!~ -the ~ orth- -that the consent of the people of the cedeil territory should be in­ -west ~~erntory-of d~n~g -them all nghts ?f Citizenship and voked. And yet the sovereignty of France over Louisiana, of treating the~ .as an .mfenor class, to be spemally governe~ . ana Spain over Floii_da, and of Russia over Alaska was in neith~r controll;ed ~ot fiom the re~t 0! our p~op~e--was applie~ to case more pronounced nor more perfect than in the case of Spam -the Ind1ans m.-these several ternto_rlal a?qmsitions.. The ~dians over .Porto Rico, and the Philippine Islands at the time Dewey were not consHl~red a part of the inhabitants proVId~cl for m the entered Manila Bay. ·Russia had but a scant occupation in Alaska 'treatr. And .this l_las been repeate!lly ~eld by our big~est court and FI·ance but a slight foothold in Louisiana. 'US nmther an mvas10n of the Constitution. nor th~ treaties. . But to recur to the main question: The treaty of Paris, as we .E~e;n the ~ourteenth amen.dment has faile~ t? mgraft the nght have seen, gives Congress plenary power to fix tb.e "civil rights cof Citizenshipup~m the Indian. . (Elk v. WilkinB, 112 U: S., .94' and political status of the native inhabitants." There is no lim­ ~na. case~ th~e Cited.) .In ~hese casesi~ere was n~ e~r~ss lim- itation to this _jurisdiction and authority unless it is found in the 1tat10n eithm by Constitution: or ?-ea?es. TJ;te ~IJ?Itation en- Constitution. The pertinent -question, then, is to as.certain wnat fo~fted was wholly a matter uf 1.1llphcation and Judimal construe- .are th.e constitutional limitations t~:pon the power of Congi·ess, if rn' the case of ~e Alaska ces,sio? and the ·B;awaiian a:TI?exati?n anJ~ far as the proposed legislation for -the Philippines is con­ there. are exceptions and reservations .as to nghts of Cl~s~p. cro.ned, the direct question of constitutional limitation may fairly ~ this respect, a marked departure ~om our. forme! treaties.. . be grouped under two. heads-taxation and civH .and political :By the ~reaty of ~arch 30, 1867~ ":th Russia, ceding .Alaska, It rights. What limitations are there, if any, upon the power of was proVIded by article 3 as follows. taxation in all its forms? , . The ~bita.nts of t_he ee.ded territory, .a.ccorqmg .to .their choice, res~- And what limitations are there if any on the right of fixing mg therr natural aUegmnce, may return to Russm Wlthin three years; but if . · d 'vil · f h inh' b" ' they should prefer to remain in the ceded territory they;with the exception political an CI ngh~ o t e ~ I.tants? .oruncivilized native -tribes, shAll .be .admitted to the enjoyment of all the First as to the question of taxation: To fully understand and rights1 ad~ants.ges,.&nd.imm~ties af e~ns of the Uni~ed_ States, and shall eompr-ehend the pxov.isians of the Constitution relating to this be mamtarned and protected l,D theiree eDJo.yment of thmr liberty, pro_perty, · h · t to dir d · dir t t 1 .a_ t s.nd religion. The uncivilized trib9S will be.subject ¥>such 1a"!s and regu- subJect, bot m .respe~ . ect an m . ec axes, et us ~s 'lations_ as the United States may from time to time adopt m .regard to glance at the evils eXISting under the Articles of Confederation, ~&borigina.l tribes oi tbD.t country. which it was intended to cure. These articles laid down the fol- Ey the joint resolution ofJuly7, 1898, annexing Hawaii, it was lowing rules touching taxes, direct and :indirect: .. Jlrovided~ among other things, -as follows.; Article VITI contains the only rule .as to direct iaxes, which is That said cession is accepted,.ra.tified, and oonfirmed, and that the .said as follows: :IIawa.iian Isla.nds and their dependencies be, and they s.re hereby, annexed All charges of war, and all other expenses -that shall be.incurredfor the as a part of the territory of the United States .and are subject to the sov- common defense or general welfa.re, and allowed by the United States, in 13reign dominion thereo~, and that all and singular the property and rights Congres,s assembled, cshall be defrayed out of .a common treasury, which hereinbefore mentioned are vested in the United States of America shall be supplied by the several States, in proportion to the value of all The existing laws of the United States relative to public lands shall not land within es.ch State, granted to or surveyed for any person, as such apply to such lands in the Hawaiian Islands, but the Congress of the United land and ihe buildings and improvements thereon shall be estimated, accord­ States shall enact special laws -for their management and disposition: Pro- ing to such mode as the United States, :in Congre.3S assembled, shall from vided, That all revenue from o:r proceeds of the same, except as regards time to time direct a.nd appoint. The taxes for paying that ~roportion shall .such part thereof as may be used or occupied for the civil, military, or naval be laid and levied by the authority and direction of the legislatures of the 'J)urposes of the United States, or -may ba assigned for the nse of the local several states, within the time .agreed upon b_y the Unitea States, in Con­ government\ shall be used solely for the benefit of the inhabitants of the grass assembled. .:Hawa:i:i..'liD Ismnds for educational and other public purpo....::es. * * •' The .municipal legislation of the Hawaiian Islands, not enacted for the fulfillment It will be perceived that the taxation provided for under this of the treaties so .extinguished, and not inconsistent with this joinhesolution article was to be l.evied by the States, but was to be ''in propor- "D.or contrary to thenay .hereafter be allowed as to :indirect taxes: ·bythe lam> of the United States· and no Chinese., by reason of anything A-ti 1 IV ti 1 herein contained, shall be allowed to enter the Umted .atates from the .n.r· c e ' sec on : ,.llaw:aiian Islands. * * * And the people of each State shall have free ingress and regress to 'vilize' d and from any other State, and shall enjoy therein all the privileges of traae .ln the case of .Alaska it will b e observe d that the unCI · and commerce, subject to the same duties, impositions, and restrictions as native tribes are excepted from the" advantag.es and immunities the inha.bitant~ thereof, respectively: Provided, That such restrictions shall of citizens," and that they 'will be subject to such laws and reg- not extend £O far as to prevent the removal of property imported into any I!- tim to tim d t · State to any other State of whleh the owner is an inhabitant: .Pmvided, also, mat:ions .as .the United States may uom e e a op m That no imposition, duties, orTestrictioll. shall be laid by any State on the regard to aboriginal tlibes of that country." , property of the United States, or either of them. In the case .of Hawaii '' th.e municipal legislation,'' limiting A:rtiele VI, section 3: :anffrage and .citizenship as it .does, "-shall remain in force until .No State shaJl Jay any imposts or duties which may-interfere with any the Congress of the United States .shall otherwise determine." stipulations in-treaties entered .into by the United States in Congress assam- It thus appears in the case of Alaska, under the terms of the bled with a.ny king, prince, or state, in pursuance of any treaties already treaty, the uncrmized native tribes, and in the case of the Loui- proposed by Congress to the courts of France and .Spain . .mana, Florida, and Mexican cessions, by implication and judicial Article IX, section 1: interpretation, the native Indian tribes, are held and deemed to be po~; ~ :~ ;~;~ti<>!e ~:r;:Jf~ 1~st=:d fi~oe~e~P~~~~~~~ nntside of the pale of Americ:all .citizenship. In :these cases the posts and duties on foreigners as their own people are subjected to, or from consent of the governed ha£ never been invoked. And it is diffi- prohibiting the importation or exportation of any species of goods or com­ ·cultto see, and the.re can be no sound reason given why there is any modities whatsoever; * * *· constitutional obligation to apply a different rule to the_uncivi- These articles, which 1 have quoted-and they are all which lizecl tribes oi the Philippine Islands, especially as the treaty of bear on this question-snow that each..State, under the Arti.cles of cession does not invoke .a different rule, but leaves the whole Confederation, had the.right tolevy such imposts and duties as it ;matter with Congress. saw fit, .subject to three reBJ."rietions: ·1 The civil rights and politi~l status of the native .inJ?abitants of the terri- (1) It could lay no .greater duty, .impositian, or restriction as toriesherebycededtotheUmtedStat€sshallbedetermmedbytheCongress-- against the inhabitants of other States-t.han a~:1instit.'5 OW!lj is the language of the Spanish treaty of cession. - (2) It could levy no duty 01' imposition on the :property of the , The very grounds and arguments that exist for excluding the United States or of any State: and ;Indians we..st of the Mississippi River from the pale of citizenship (3) It could lay no impost or duty which would interfere with r .~ with equal im·ce in~ase.of the Jlll0ivilized tribes of the Phil- the stipulations of any .treaty entered into by the United States. 1976 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20,

But this last restriction was again modified and restricted by each other, on a footing of equality. The rule of uniformity was prohibiting the Federp.l Government from entering into any treaty invoked for the protection of the States against each other and cnrtailing the power of the State to levy '' such imposts and duties as an antidote to the evils of the Confederation, and therefore on foreigners as their own people are subjected to." Subject to it is evident that the rule was intended to be limited to the States. these restrictions and modifications, it is apparent that under the This view becomes apparent if we consider the provision of articles of confederation each State could have its own distinct paragraph 6~ section 9, Article I, which is as follows: system of duties and imposte. In other words, there could be, as No preference shall be given byanyregnla.tionof commerce or revenue to there in fact was, as many different tariff rates as there were the ports of one State over those of another, nor shall vessels bound to or States. from one State be obliged to enter, clear, or pay duties in another. It was this evil, then, that the Constitution attempted to rem­ This paragraph contains no inhibition as to any Territorial ports, edy and cure. The great object to be attained wa-s a uniformity nor as to vessels bound to or from a Territorial port. Qongress of duties and imposts as between the States-one system of indi­ can give a preference to a Territorial port and can oblige vessels rect taxes for all the States instead of thirteen separate and distinct to enter, clear, or pay duty in such a port without violating the systems. It was a question of adjusting and settling the differ­ Constitution. And hence it follows that there were no constitu­ ences between the States as to taxation. If this fact is kept in tional inhibitions to the provision of article 7 of the Louisiana view, the provisions of the Constitution becom~ free from doubt treaty, giving Spain and France special privileges for twelve and are sUEceptible of the interpretation which I suggest. years in the port of New Orleans and other ports of the ceded ter­ The power to lay and collect taxes of all kinds is conferred upon ritory. This is the provision of the treaty on this point: Congress in the following provision of the Constitution: * * *; it has been agreed between the contracting parties that the French ships coming directly from France or any of her colonies, loaded only with The Congress shall have power to lay and collect taxes duties, imposts, the produce and manufactures of France or her said colonies, and the ships and excises, to pay the debts and provide for the common defence and gen­ of Spain coming directly from Spain or any of her colonies, loaded only with eral welfare of the Unit.ed States; but all dutie~ imposts, and excises shall the produce and manufactures of Spain or her .colonies, shall be admitted be uniform throughout the United States. (Par. l, sec. 8, Art. I.) dunng the space of twelve years in the port of New Orleans, and in all other Four classes of taxes are covered by this grant of power: "Du­ legal ports of entry within the ceded territory, in the same manner as the ShiJ?S of the United States co~ directly from France or Spain, or any of ties," " impo ts," " excises," and all other kinds of taxes. The thel.l' colonies, without being subJect to any other or greater duty on mer­ first three embrace indirect taxes; the last embraces direct taxes chandise or other or greater tonnage than that paid by the citizens of the and also all other taxes not included in the first three. These United States. During the space of time above mentioned no other nation three seem to cover all forms of indirect taxation. So that it is shall have a right to the same privileges in the ports of the ceded territory. not easy to see what else than direct taxes can be covered by the That the rule of uniformity was intended to be limited to the general term '' taxes.'' If there are any other than direct taxes States is further apparent from what transpired in the constitu­ included under the term, the Constitution contains no direction tional convention in respect to paragraph 6, section 9, Article I, as to how such taxes shall be levied. (Hylton v. United States, 3 and paragraph 1, section 8, Article I. The latter paragraph was Dalles, 171.) reported to the convention as clause 1, section 1, Article VII, in The Constitution lays down the following rule as to direct taxes: the following words: Representatives and direct taxes shall be apportioned among the several The legislature shall have power to lay and collect taxes, duties, imports, States, which may be included within this Union, according to their respec­ and excises, to pay the debts and provide for the common defense and gen- tive numbers * * *· (Par. 3., sec. 2, Art. I.) eral welfare of the United States (Meigs, 132). · This provision has been modified as to the apportionment of And as such it was refeiTed to the committee on style, and the Representatives among the several States by the provisions of former paragraph was reported to be inserted after the fourth section 2, fourteenth amendment, but not as to taxes. clause of Article vn in these words: Paragraph 4, section 9, Article I, lays down this further rule as Nor shall any regulation of commerce or revenue give preference to the to direct taxation: ports of one State over those of another, or oblige vessels bound to or from any State to enter, clear~ or pay duties in another; and all tonnage, duties, No capitation or other direct tax shall be laid unless in proportion to the imports).. and excises laid oy the legislature shall be uniform throughout the census or enumeration hereinbefore directed to be taken. United ;:;tates (Meigs, 174-175). It will be perceived, then, from an examination of these several After striking out the word "tonnage" the paragraph was provisions of the Constitution which I have just quoted, that the thus adopted. But afterwards, on the 14th of September, during general power to lay and collect direct and indirect taxes is gov­ the comparison by the convention of the report of the committee erned and restricted by two distinct rules, to wit: on style, the words- (1) Direct taxes shall be apportioned among the several States and all duties, imposts, and excises laid by the legislature shall bA uniform according to their respective numbers-that is, according to throughout the United States- population; and . · were dropped and the paragraph was finally adopted in the form (2) Indirect taxes must be uniform throughout the United in which it appears as paragraph 6, section 9, Article I; and the States-that is, throughout the several States of the Union. substance of the words thus dropped were added to said clause 1, By paragraph 1, section 2, Article I, provision was made for section 1, Article VII, and the same was then put in the form in " Representatives" in Congress from the several States, not from which it now appears as paragraph 1, section 8, Article I (Meigs, any Territories, and by paragraph 3 of the same section these 133, 175). " Representatives" and "direct taxes " were apportioned among This clause of uniformity, as it first appeared in the convention, the several States * * * within the Union according to popu­ was thus a part of that paragraph in the Constitution which, in lation, and provision was made for ascertaining the population, express terms, aimed to protect the States against each other. in part by an artificial system of enumeration in which" three­ With the thought of providing that- fifths of all other persons," to wit, slaves, were to be counted. No preference shall be given by any regulation of commerce or revenue Not only the express language but the peculiar system of enu­ to the ports of one State over those of another; nor shall any vessel bound to meration, designed to adjust the political balance between the slave or from one State be obliged to enter, clear, or pay duties in another- and the free States, made it evident that the rule as to direct came the thought that- taxes was a rule for the protection of the States as against each All duties, imposts, and excises shall be uniform throughout the United other-a rule of equality between the several States. Sta~s. These provisions of the Constitution, relative to direct taxes, Thus making it evident that the protection of the States as contain no rule or direction for laying a direct tax in the Terri­ against each other was the object in view. As further evidence tories. A direct tax, levied upon and apportioned among the that the rule of uniformity was invoked for the protection of the several States, would be valid if the Territories were entirely States, I call your attention to the fact that the general power to omitted and paid no part of it. lay and collect " duties," a term which covers impositions on both The rule of equality between the States would not thereby be exports and imports, is limited by the following provision of the violated. The power to lay a direct tax in the Territories is em­ Constitution: · · braced in the general power to lay and collect taxes, minus the No tax or duty shall be laid on articles exported from any State. (Par. 5, rule of apportioment governing the States. and also in the gen­ sec. 9, Art. I.) eral power given to Congress over the Territories of the United This contains no inhibition as to a duty on exports from a Ter­ States, but the form in which this power is thus given shows that ritory. There is nothing here to prevent Congress laying a duty it is a discretionary and not a mandatory power. Congress can on exports from New Mexico, Alaska, or Porto Rico, or either of lay a direct tax in the Territories without imposing at the same them. This destroys the rule of uniformity as to Territories. time a similar tax on the States, and it can impose such a tax on To still further strengthen and fortify the rule of uniformity the States without including the Territories. in its operation among the several States, we find paragraph 2, The rule of uniformity, prescribed as to indirect taxes, was, if section 10, Article I, which is as follows: · we keep in view the evils of the Articles of Confederation, evi­ No State sha.U without the consent of Congress lay any impost or duties dently designed to prevent the people of one State from having a upon imports or exports except what may be absolutely necessary for exoout­ preference over the people of other States in respect to indirect ing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the taxes. It wa-s not to protect the States against Territories, but to United States, and all such laws sha.ll be subject to the revision and control protect the States against each other, and to put them, as against of the Congress. 1902. CONGRESSIONAL RECORD-SENATE. 1977

In this connection and as bearing on the question under discus­ It is a principle of international law that mere annexation, in sion it is well to consider the provisions of paragraph 3, section 8, the absence of treaty provisions therefor, does not of itself neces­ Article I, of the Constitution. By this paragraph the power is sarily imply a naturalization of the people of the Territory an­ given Congress: nexed, and does not confer upon them the full political rights of To regulate commerce (1) with foreign nations, (2) and among the several citizenship. (2 Wharton, sec. 187 and note; 1 Halleck, p. 433, States, (3) and with Indian tribes. sec. 31, chapter 12.) It will be observed that nothing is said in this provision about The municipal laws of such territory relative to private rights, regulating commerce between the several States and the Territo­ touching person and property, remain in force till abrogated ries of the United States. Whatever power Congress may have or changed by the annexing nation. These laws the people of in that respect must either come by implication from the provi­ such territory carry with them (American Insurance Company v. sion I have quoted or else it must be found, which is more rea­ Canter, 1 Peters, 542); but they bring with them no political sonable, under the general grant of power to make all needful rights and are possessed of none till expressly conferred upon rules and regulations touching the Territories of the United States. them by their new superior. They owe allegiance to the new On the whole, then, the conclusion seems justly warranted that government and are entitled to its protection, but are not entitled the rule of uniformity prescribed for indirect taxes was a rule in­ to those rights of citizenship of a purely political character, such tended and designed for the protection of the several States as as that of suffrage or right to hold office or right of representa­ against each other and for the purpose of putting them on a foot­ tion. These are general principles of international law, and there ing of equality, and thus to remedy and cure the great evils thc:~.t is nothing in conflict with them found in our Constitution. (2 had existed under the peculiar provisions of the Articles of Con­ Halleck, 480-481.) federation. Those fundamental rights of the Constitution relating to the And from this it follows, as a necessary consequence, that Con­ protection of person and property, at home and abroad, those gress is not obliged to apply the rule of uniformity in laying and rights that are common to all citizens-men, women, and children collecting duties, imposts, and excises in the Territorial possessions alike-come to the people of the annexed territory by virtue of of the United States. That in respect to such possessions Con­ their new allegiance, to which it is a complement without any gress is vested with a discretionary power, both as to rate of duty further affirmative legislation; for no legislation can deprive them and regulation of commerce or revenue. I am strengthened and of those rights. confirmed in the views I have expressed and in the conclusions to The term "citizen," found in the Constitution and in the four­ which I have come by the following pertinent and interesting teenth amendment, is used in a general sense, implying a member­ words of Judge Story: - ship of the nation. Minors and women, as well as men, are citizens Having endeavored to point out the leading distinctions between direct in this sense-are members and part and parcel of the political com­ and indirect taxes, and that duties, imposts, and excises, in the sense of the munity. The term "citizen" is used in the same sense as the tel"Ill Constitution, belong to the latter class, the order of the subject would nat­ urally lead us to the inquiry why direct taxes are required to be &"overned "subject" in monarchical forms of government. Whoever owes by the rule of ap_P.ortionment\ and why "duties imposts, and excJ.Ses" are allegiance to our Government is entitled under the Constitution to required to be uniform througnout the United States. The answer to the protection in such citizenship and the rights that appertain former will be given when we come to the further examination of certain prohibitory and restrictive clauses of the Constitution on the subject of thereto. taxation. The answer to the latter may be given in a few words. There are many privileges and immunities that are common It was to cut off all undue preferences of one State over another in the and pertain to all classes of citizens, but such a right as that of regulation of subjects affecting their common interests. Unless duties, im­ posts, and excises were uniform the grossest and most oppressive inequali­ holding office or of suffrage is not one of these privileges and im­ ties, vitally affecting the pursuits and emplo:Yments of the people of the munities, not even since the adoption of the fourteenth amend­ different States, might exist. The agriculture, commerce or manufactures ment. Neither at the time of the adoption of the Constitution of one State might be built up on the ruins of those of another, and a combi­ nation of a few States in Congress might Reynolds v. United both OlJ! Sf.a:te. and Fede~.al Gov:e!illllent, and each confers upon States (98 U. S., 145), Springfield v. Thomas (166 U.S., 707),

us spe~ial-~~ges and Imm~~· • • Thompson v. Utah (170 U.S., 343) 1 it is to be noted as .a control- The mhib1tions ?f the C<:ms~t_u?on, to which I have thus pn~fl7 ling fact that by the organic act of the Territory the Constitution called your attention, are mhib1tions upon the States, not mhibi- and laws of the United States were extended to the Territory in tians upon Congress or its power to legislate. They in no wise these express words: restrict the power of Congi·ess to legislate with reference to the Szc.17. .And be it further macted, Tllltt the Constitution and laws of the political rights of the people of acquired ten'itory. Congress United States are her-eby extended over and declared to be in force in said may confer or deny the right to hold office, the right to vote, and Territory of Utah, so far as the same or any provision thereof may be ap­ the right of legislative representation, and other rights of a po­ plieable. litical character, including the right of local self-government. Manifestly this made the Constitution and laws of the United 'But Congress is in1noited, under the Constitution, from :passing States controlling in the jurisprudence of Utah a part of its laws hostile to or in abridgment of the following provisions of municipal law, and therefore the right of trial by jury could not the Constitution: be questioned or denied. Congress shaJl make nola.w respecting a.n establishment of religion or pro­ The case of Callan v. Wilson (127U. S., 550) was a case involv­ bibiting the free exercise thereof or abridging the freedom of sp~~ or of the press, or the rjght of the people peaceably to a!'!Semble and to petition the ing the right -of trial by jury in a criminal case in the District of Government for the redress of grievances. (First amendment.) Columbia. The District had been given a Territorial form of The right of the people to keep and bear arms -shall not be .infringed. government in 1871. In section 33 of the act giving it such a (Second amendment.) No soldier shall in time of peace be quartered in any house without th-e form of government is this provision: consent of the owner, nQr in time of war but in.a. manner to be prescribed by * "' • .And the Constitutiou nn.d all the laws of the United States which law. (Third amendment.) are not locally inapplicable .shall have the same force and effect within the The right of the people to be secure in their persons, houses, -papers, and said District of Columbia as elsewhere within the United States. (16 U. S. effects against unreasonable sear-ches and seizures shall not be VIolated. c.nd Stat., p. 426.) no warrant shall issue but upon probable -cause, -supported by oath or affirma.­ tion, and particularly describing the place to be searched and the per.sons or This provision was not repealed by the act of 1874, changing things to be seized. (Fourth amendment.) Nor shall any person be fro bject for the same offense to be twice put in the system of government, nor by the act-of 1878, establishing the jeopardy in life and limb, nor shall be eompelled in any criminal case to be a present system of govermnent, and remained in force when this witness .against himself, nor be deprived of life, liberty, or property without case was decided, and is still in force. due process of law, nor shaTI primte property be taken for J)Ublic use with­ out JUSt compensation. (Fifth amendment.) The constitution of Utah, after it became a State, provided for The -privileges of the wri:tof habeascorpus shall not be suspended unless the trial of persons accused of crime upon information instead of when in cases of rebellion or invasion the public safety may require it. No indictment, and by a jury of 8 instead of 12 except in capital bill of attainder or ex post facto law shall be passed. (Sec. 9, Art. I.) Exoessive bail shall not be required. nor expessive fines imposed, nor cruel cases. The Supreme Court of the United States held that these and u:n:usual pmrisb:ments in1ticted. (Eighth amendment.) provisions were not in conflict with any of the provisions of the Neither slavery nor involuntary servitude, except as a punishment for Constitution of the United States, and particularly not in conflict crime whereof the parties shall have been duly convicted, shall erist within the United States or any pla.ee subject to their jurisdiction. (Thirteenth with the fourteenth amendment, and that these provisions of th~ am-endment.) constitution of Utah were not an abridgement of the privileges These provisions of the Constitution are fundamental-the very and immunities of citizens of the United States. (Maxwell v. groundwork of free government and personal 1iberty, and the Dow, 176 U.S., 581.) common property and heritage of all the l>eop1e of our country. It appears, then, that in all cases passed upon by the Supreme Congress can not abridge these rights and 1mmunities anywhere. Court involving the right of trial by jury in the Ten'itories and (Murphy v. Ramsay, 114 U. S., 44, 45.) . the District of Columbia the Constitution and laws of the United The right of trial by jury-and I say this in reply to the con­ States had been duly extended thereto by act of Congress and tention of the Senator from Colorado (Mr. PATTERSON] that we were a part of the local jurisprudence, and under these circum­ have no right to deprive the Filipinos of the benefit of jury trial­ stances there was ample ground for maintaining the right of trial right of trial by jury is not, under all circumstances and con­ by jury. ditions an absolute constitutional-privilege and immmri:ty. But these eases, in view of these facts, can not be said to fur­ Our Supreme Court has held that neither under the seventh nor nish the rule or lay down the law for the Philippine Islands or under the fourteenth amendment are the States restrained from cases of that kind. These islands, when they were annexed, had denying jury trial in common-law actions in State courts, and a system of municipal laws based upon the civil law and the laws that the provisions of the seventh amendment do not apply to of Spain, which they brought with them and which remain in State courts. (Walkerv. Sanvinet, 92 U.S., 90; .Missouri v. Lewis, force tlll changed -or abrogated by Congress. Co.ngress can per­ 101 U. S., 22). In this last case-and I call the attention of the mit them to retain and remain under this system of local munici­ Sen-ator from Colorado to this language-the Supreme Court, pallaw~ among other things, says: If under this .system trial by jury is not in vogue, as under the There is nothing in the Constitution to prevent any State from adopting common law, the citizens of the Philippine Islands can not claim a.nysystem,of1a.w or judicature it sees fitfor all.oranypart of itsterntory. that the Jack of jury trial is depriving them of due process of law, If the State of New York, for example, should see fit to adopt the civil law for they retain the same procedure to which they are accustomed and its method of procedure for New'York City and the surrounding counties, and the common law and its method of procedure for the rest of the State, and which they have always had. If a State can, without vio­ there is nothing in the Constitution of the United States to prevent its doing lence :to the Constitution, deptive its citizens of the right of trial so. * * * Each State prescribes its own modes of judicial prooeed:ing. by jury, as the Supreme Court, in Missouri v. Lewis and Maxwell If diversities of laws and judicial-proceedings may e.x:iat in the severa.l States without violating the equality clanse m the fourteenth .amendment, v. The Warden, says it can, it is difficult to see why Congress there is no solid reason why there may not be such diversities in different can not give the people of the Philippines the same privilege, and parts of the same State. * * * If a. Mexican State should be acquired by permit them to retain the form of procedure in vogue under the trea1y and added to an a.djoiningStateorpartofa State in the United States civil law. and the two should be erected into a. new State, it cannot be doubted that Bttch new State might llow the Mexican laws &ndjudicature to continue un­ In concluding this discussion, I may be permitted to quote the changed in the one portion and the common law and its corresponding judi­ following comprehensive and instructive words of our Supreme cature in the other portion. Such an arrangement would not be prohloited by c.ny fair construction of the fourteenth amendment. Neither rare the re­ Court in the case of Murphy vd Ramsey, 114 U.S., 44-45: strictlOns or inhibitions of the fifth and sixth amendments, relating to crim­ The people of the United States, as sovereign owners of the national Ter­ inal prosecutions, a.ny l.imitations upon the State governments and State ritories, have supreme power over them and their inhabitants. In the exer­ cour...s. (Twitchell v. Commonwealth, 7 Wall., 321.) cise of ~ sovereign dominion they are represented by the Government of There are several cases that hold that the rig-ht of trial by jury, the Uruted States, to wh

shall participate in the election of its officers or the making of its laws, and it in the various communities of England, and Macaulay Bays that may, therefore, take from them any right of suffrageitmayprevionslyhave conferredhor at any time modify or abridge it, as it may deem expedient. their fears proved utterly groundless-that if you traveled through The rig t of local self-government, a.s known to our system a.s a constitu­ England in those days and came to one of those little rural vil­ tio:nal franchise, belongs, under the Constitution, to the States and to the lages and found an industrious .carpenter, a thrifty bla.cksmith, people thereof, by whom that Constitution was ordained, and to whom by its tenruo all power not conferred by it upon the Government of the United or a prosperous bricklayer anywhere you would find that he was States was expl"essly reserved. The personal and civil rights of the inhab­ one of Oliver Cromwell's old soldiers. And, Mr. President, when itants of the Territories are secured to them. a.s to other citizens, by the prin­ these old veterans of -ours came back to the walks of civil life they ciples of constitutional libert¥ which restrain all the agencies of govern­ ment, State and national; theiT political rights are franchises which they came as good citizens, as untarnished and as pure and as loyal to hold a.s privileges in the legislati-ve discretion of the Congress of the United the :flag as when they went forth to do battle for their country, States. and such has been their record since the great war. 1\Ir. President, I can not help, in view of the remarks which I Talk about nn1itarism! Senators do not 1mow how our poor listened to this morning on the part of the Senator from Colorado, soldiers feel when they are away, fighting the battles of the calling attention to the fact that all his discussion and all his country. As they sit around their camp fires and bivouacs after argument was based on an utter misappTehension of the case. a long march or a fierce struggle, they think and talk of the loved Congress has not yet established a territoTial or any other kind ones at home and hope to soon meet them again; they puTI from of government in the Philippine Islands. That government is to­ their pockets !etten; which they have received from their loved day exactly as the government of California was from 1846 to ones at home and have carried in their pockets for many a day, 1850. It is a government under the control of the executive de­ and they read them over again to themselves and to one another. partment of the Government-under the War Department. We Then they join in singing those good old songs, "Do they miss acquired those islands through war, by conquest, by cession, and me at home?" and" The girl I left behind me." Senators., there by h'eaty, and we are holding those islands to-day, not through wa-s another song we sometimes sang in those days around our any governmental establishment created by Congress, but they camp fires. It was tbis song of the great war: are held and governed by the executive department of this Gov­ Just beforeihe battle, mother, ernment. l.am thinking most of you. * * * * The President himself, without the intervention of any com­ Tell the traitors all around you mission, without even the intervention of the Secretary of War­ That their cruel words we knoq­ the President himself, as the head of the executive department In e-very battle kill our soldiers and the Commander in Chief of the Army and Navy, has the By the help they give the foe. right to govern and control those islands until Co11ouress estab­ What we sang in those sad and stormy days I have no. doubt lishes a government there. The case is in principle exactly our soldiers in the Pbilippine Islands bave sung on -the tented .analogous to the case of New Mexico and the case of California. field and in the bivouac many a time. The Senator from Colorado might as well contend that the gov­ 1\Iy friends, you can repress a general from expressing his opin­ ~ent in California which existed prior to 1850 was a usurpa­ ion about this question, but our brave soldier boys around their tion and an-unconstitutional government. camp fires in the Philippine Islands will criticise you, and pass The Philippine Commission is simply .an adjunct. It is simply judgmenton you fearlessly, impartially, and without mercy and an aid to the President of the United States, and whatever acts you can not rept·ess them. The American .soldier has a mind of they perform and whatever acts the Secretary of War perfonns his own and is always an American citizen. .are acts of the executive department of this Government. They Senators talk about our possessions in the Orient as if they were are simply a part and parcel of the executive governmental of no consequence. Why, there .are the Philippine Islands, with machinery. Manila, a city of 300,000 inhabitants, our possession, right in the Now, while these islands are in that conditiqn and before Con­ center of a great beehive of humanity. To the northeast is Japan, gress has legislated in the premises, it is idle for the Senator to with 40,000,000 or 50 000,000 inhabitants; to the north is China, discuss the principles of a Territorial government such as we have with 300,000,000 .or 400,000,000; to the northwest is British India, in some of our organized Territories. We have a right to estab­ with Siaw and Cambodia, and to the south and southeast ar~ the lish a Territorial government in the Philippine Islands if we see Dutch East Indies, the islands of Borneo, Sumatra, and Java. 1it to do so, and we have a t-ight not to establish a -Tenitorial Right in the center of that great beehive of humanity are our government. We have the right to hold those islands under the posse sions and our flag. They are of immeme value to us com­ Constitution as we hold them to-day. The only limitations upon mercially. Not only so-though that is of great importance to the power of the executive department are the limitations con­ us-but the recent outbreak in China, the Boxer rebellion, shows tained in the constitutional inhibitions to which I referred in my the great advantage the possession of the Philippines gave us in Temarks a few moments ago-the bill of rights~ as it is sometimes protecting our .people and our interests in the Orient. Because of called. our possessions in the Philippine Islands, when that outbreak oc­ But, Mr. President, there is another question connected with curred we were the first) or among the first, who were able to tlili! subject. The whole argnment on the other side in regard to send troops and ships there to protect our missionarieB and our the Philippine Islands is based upon the assumption that we are representatives. to judge matters over there by the conditions which prevail in a The first soldiers in that expedition were ours; and the soldier state of peace. Insurrection has prevailed in that country, and who first planted a flag on the walls of Pekin was an American is prevailing there now in a small degree. While those islands soldier carrying the Stars and Stripes. He planted our banner on are in a state of insurrection, while we have an army there and the ramparts of those walls. Had we not been in the Philippines have to resort to military power for their government, it is futile it would have taken us six months <>r more to have got our army and idle for Senators to assume, to hold up the standard which to China. regulates and controls a government where there is no war, and We are in the Philippines, Mr. President, and I want to tell ·where civil government has been established as in our o~nized Senato1·s on the other side that the people of this country, what­ -Territories here at home. · ever else they may do, will never consent to pull down the Ameri­ I have heard a good deal in the way of attack this morning can :flag in those islands; they will never consent to abandon those upon the American school system, and our poor soldiers in the islands. ·Philippines have been attacked and accused of bn1tality. The As to the taJ.k which we hea.r about tyrants and tyrannizing, "Senators in this Chamber who see fit, by innuendo directly or in­ when did it come to -pass that the American people came to be .a directly to slander -the American soldiers know little what they set of tyrants? When did it come to pass that onr soldiers became do. There is no more patriotic, no more law-abiding citizen in brutes in the Philippine Islands? Such charg-es are slanders upon this country than the Ameriean soldier. This country has never the American nation. We are a nation possessed of the highest been in danger of losing its liberties through its· Army. degree of liberty, of education, and intelligence, and it is. a slan­ At the close of the civil war, Mr. President, there were a million der npon us to say that we are not as competent as any nation on men, trained veterans, who came back to the walks of civil life the face of the earth to give the Filipino people the blessings of trained in all the hardships of aetual warfare. Some of them liberty, of free and good governm-ent. marched proudly down yonder avenue. They all came back into What would have taken place in case we had abandoned Ma­ civil life. Did they come ther_!l threatening the liberties of the nila? The German fleet was there, and within sixty hours after American people? Did they come there jeopardizing the Consti­ we left that conntry would have been seized by Germany or tution of the United States? Did they come there bringing con­ some other European power. I take it there is no man in this tention and destruction in the body politic? Why, Mr. President, Chamber who would be willing to admit that -the American peo­ the great historian, Macaulay, tclls u.s about- the old soldiers of -ple can not do more and are not competent to do more for the {)liver Cromwell, when the Stuarts came back into power in Eng­ people -of th-e Philippine Islands than any nation of the Old World land and the old Puritan army was disbanded. in securing them the blessings of a good government. - The Stuarts and the cavaliers had great fears that those old. Look at the colonial governments, with the exception of those Teterans wan.ld become a disturbing element in the body politic of England; look at their forms of government. None of the 1980 CONG.RESSIONAL RECORD-SENATE. FEBRUARY 20,

European governments has treated its colonies as the American The PRESIDENT pro tempore. The amendment will be people are treating the Philippines, or as England has treated her printed and lie on the table. colonies. Mr. McCUMBER. Mr. President, under the present arrange­ What is the position of Senators on the other side? That we ment but to-morrow and the next day can be devoteQ. to any ad­ must first establish a stable government there, and then what? dresses which will last for a period longer than fifteen minutes. It Then give them their independence. Then what? Then protect is because of that fact that I excuse myself for addressing the Sen­ them-exercise a guardianship over them. Now, Senators, if the ate on this subject so late in the afternoon. Philippine Islands are entitled to absolute independence, what The final decision of the Supreme Court of the United States in business is it of ours to establish a stable government? If they the insular cases has put to rest all manner of quibbling as to are entitled to and are competent to govern themselves, we have what the status of the Philippine Archipelago is at the present nothing to do with their kind of government, whether it be a sta­ time. We need not _agree with the reasoning by which this ble or an unstable government, and we certainly have no business court arrives at its conclusions. We may not even be able to see to exercise a protectorate over them. any great consistency in the several opinions of the members of If we are to exercise a protectorate over that country-that is, that court, nor agree fully with the process by which seeming protect them against the attacks and inroads of foreign nations­ divergent theories could arrive at a common conclusion. it will be our duty to establish and maintain a stable government Our national structure rests upon absolute obedience to the will that will protect life, liberty, and property in that country. No of the majority in judicial as well as in political matters. We one will assert for a moment that we can exercise protection over are treating now, not with theories, but with conditions-condi­ a nation or a race who fail to give due protection to life and prop­ tions that confront us now, and not theories which might not erty of other nations. The very idea of a protectorate implies have been fully considered or digested two or three or four years that there must be a proper and lawful government there. Some­ ago. I will not go into those matters which occupied the atten­ thing besides chaos and disorder. tion of the Fifty-sixth Congress. The bill before us is a bill to Mr. President, what is a protectorate? We can not protect the obtain revenue to carry on the government in the Philippine Is­ Filipinos by moral suasion. I never knew of a protectorate lands. The provisions of that bill have been so ably defended, 7,000 or 8,000 miles away that was managed by a moral suasion. and their necessity so clearly demoiistrated by the report of the If we are to have a protectorate there, Mr. President, we shall committee, that comparatively no argument has been urged need fortifications there; we shall need a naval station; we shall against them, except as they incidentally touch upon the greater be required to have a part of our Navy there and to maintain an question of our present or future attitude toward the people of army there. Is that constitutional? the archipelago. I am therefore disposed to deal with but one I want these gentlemen who are so careful about violating the single propositi0n which comes from the other side of the Cham­ Constitution to answer me and tell me under what provisions of ber-the proposition that we shall at this time determine what the Constitution we are to exercise a naked protectorate in the shall be our future policy in the Philippine Islands. Philippine Islands after we have given them up and have aban­ Straight and square have the opposite side of the Chamber pre­ doned them. Talk about militarism! Can you conceive of a sented the question and demanded an answer: Why do you not purer state of militarism than a militarism which consists iri sim­ now determine upon an absolute policy with reference to the ply standing as a guard, with a musket and a loaded cannon, to islands and the people therein, and declare to those people what protect these people? And yet that is the whole programme here. your policy shall be? Why do you not promise them that at a " This bill of taxation is unconstitutional." " You must tell specified future time you will grant them absolute independence, the Filipinos that they can stand alone." " Give them their in­ or inform them that you will hold them as a colonial possession; dependence; but after you do it you must continue to protect or, if you do not hold them as a colonial possession, that you will them;" that is, continue to prevent other nations from touching organize them into a territory which shall ultimately be taken them. What a hard task it will bel We have enough tasks in into the sisterhood of States? The question, I admit, is clear cut exercising a protectorate under the Monroe doctrine on the West- and definite. I venture to say, however, that there has not been ern Hemisphere. - a single good reason proposed by those who ask this question why I do not think we want to assume a guardianship as protec­ it should be answered to-day. There has been no good reason tors in the distant Orient, 8,000 miles from our shores, in the given why this Government should, in the experimental stage of midst of the densest beehive of humanity on the face of the its labors for the advancement of these people, for their education habitable globe. But if we are to keep an army and navy there, and development, the result of which end~avor is as yet wholly if we are to have fortifications there. if we are to maintain a unknown, make a specific declaration of just what it will do in naval station there, if we are to protect anybody in that country, the future with reference to them. let it be under our flag, under our dominion, where we can exer­ Why should this Government now promise to create a new cise, not the care of a policeman, but the care of a good father, State and make of an oriental people, differing from us in every Mr. McCUMBER obtained the floor. trait of character, in education, in environment, in history, in Mr. BACON. Will the Senator from North Dakota pardon me institutions, an integral part of the United States? Who to-day for a moment? I wish to offer an amendment. would dare _to say "yes". to that propositj.on? On the other hand, Mr. McCUMBER. Certainly, with pleasure. what man IS so filled Wlth prophetic Wisdom aa to say: No· it Mf. BACON. I present an amendment, giving notice that I shall not be done in seventy-five or one hundred years from to-d~y. will offer it at the proper time. I ask that it may be now read To-day we are solving that very question, and when we have ar­ and ordered to be printed. rived at the solution we shall answer. To-day we are experiment­ The PRESIDENT pro tempore. Without objection, the Mnend­ ing with these people in first giving them limited self-government. ment will be read. To-day we are sowing the seeds of the principle of self-government. The Secretary read as follows: To-day we are sowing the seeds of public education in the 800 An amendment intended to be proposed by :Mr. BACON to the bill (H. R. 5833) educators we are planting in those islands. To-day we are !even­ temporarily to provide revenue for the Philippine Islands, and for other ing the whole archipelago with the principles of self-sustaining purposes. American character, upon which alone self-government must ever Amend by inserting the following sections at the end of section 7: rest. SEC.-. That when armed resistance to the authority of the United States What the result may be no man on earth can with certainty shall have ceased within said islands and peace and order shall have been declare, and until he can so declare it would be worse than folly restored therein it is the purpose and intention of the United States, so soon thereafter as the same can be practically and safely accomplished, to provide to say what our future action or decision should be. It would be the opportunity and prescribe the method for the formation of a government a double folly, because it would not only commit us to a course by and of the people of the Philippine Isla~ds, t? be thereaf_ter independe~tly which might be a curse rather than a blessing to either people, exercised and controlled by themselves, It bemg the deSign of the Umted States to accord to the people of said islands the same measure of ~berty and but might also force upon us the alternative of either doing this independence which have been pledged by the Congress of the Umted States or sacrificing our national honor in breaking our national com­ to the people of Cuba.. pact. For my own part, I can answer that, if the people of those SEC. -. That when a stable government shall, by the method aforesaid, have been duly formed and erected in said islands, competent and worthy, islands shall become fitted for American citizenship, if, in the in the judgment of the United States, to exercise the powers of an inde:pend­ great future, they will have reached that height in mental and ent g-overnment and to preserve peace and maintain order within itB Juris­ moral character so that their admission to our statehood would diction, it is the purpose and intention of the United States, reserving to not deteriorate from the high character of our people as a whole themselves only such harbors and tracts of land as may be ~eeded for coal­ ing stations or other Governmental purposes, to tra.nsfer to said government, then I certainly would admit them, but until they have reached upon t erms which shall be reasonable and just, all rights and territory se­ that standard then I would say " No." I have some doubts cured in said islands under the treaty with Spain, and to thereupon leave the dominion and control of the islands to their people. whether the race of people now inhabiting the Philippine Islands SEC. -. That when said government has been thus formed and set up in can _ev~r be raised to tJ:e standard which would justify their the PhilipJ?ine Islands and approved by the United States, it is the design admission as a State to this Government. I do not believe it will and intention of the United States, through such means and measures as may be deemed most efficient and appropriate, to secure the guaranty of the con­ ever be advisable to add to our State citizenship any oriental peo­ tinued independence of the same. ple who can not assimilate with our Caucasian race. But I do _r 1902. CONGRESSIONAL RECORD-SEN ATE. 1981

not lmow this; I may be in error, and if I am I certainly would time as she might be able to form a proper government, with not wish to ·bind the future by a present declaration that they power to levy and collect a re-venue for local government, be should never be admitted. trusted in dealing with these islands in the future? In this has But when the time of final decision arrives, when we have all our people exemplified a character for oppression and greed toward the necess..'lry information and proper wisdom to act on the mat­ our new possessions justifying this charge against our integrity, ter, when all these forces for the enlightenment and uplifting of or casting a cloud upon the justice of our future intentions? Ex­ these people have had time to operate upon their character and actly what policy the future shall demonstrate to be proper, no quality, then let the American people of that time answer the man can with absolute certainty affirm. What we can affirm question. What right have we in this experimental stage of with certainty in the future is this: Whatever is honorable and their development to bind the hands of the future American peo­ just; whatever is for the highest welfare of these people in the ple, who, in all probability, will be better equipped with facts and years to come, be it near or far, our children, the American peo­ conditions to answer that question? What right have we to usurp ple, preserving the grand traditions of their fathers, can be their function by prematurely pledging for them and imposing trusted to faithfully fulfill. upon them any particular course? And when all this has been accomplished, when all the forces What right have we to answer that the American people in the we have put in motion there for the benefit of these people have future will be less enlightened or less humane or less just and had time to operate upon them, then let the Filipino people come honest than we are to-day. We are constantly being threatened to us and say: Your government has been a failure. And then, by the '' wrath to come '' of the American people for the injustice and not until then, will it be time for us to answer. It may be that we are charged with committing, and yet the very persons that, when we reach that time, the question will have solved it­ who make these threats adm.it that, if we do not bind these same self. It may be that the question will not then be asked. I be­ people, who are to execute the punishment of their dire disfavor, lieve myself that it will not, but no political party can, without they themselves will carry on the atrocities which we are accused gross assumption, answer it to-day. of propagating in the islands. My whole answer to them is: Stop I have listened with interest to the reports of the governors of these inconsistent and pessimistic arguments and put your faith the provinces in which civil government has been established. in the honor and integTity of the American people of the future. I may agree with much that has been said on the other side as They have never betrayed that trust in the past, and you have no to the amount of credence to be given to these reports. I have right to assume that they will do so in the future. The same learned that it is the rule rather than the exception to exaggerate blood that courses in our veins to-day will flow in theirs fifty matters, and I take these reports with some due and proper al­ years from to-day. The same characteristics which we have in­ lowance. Their views are certainly extremely roseate, and .I am herited from our ancestors, their ideas of justice, of law, of order, free to say that I think they may be taken with proper allowance. and of humanity will be inherited by those people who are to I believe their enthusiasm has led them into an overestimate of follow us. the patriotic feelings and inclinations of the Filipino people toward Shall we give them absolute independence now? Such a propo­ the United States. · sition no intelligent man dare for a moment advocate. We are War, as such, is over in the Philippine Islands. The volcano bound not alone by the solemn obligation of a treaty to hold at no longer emits flame from its crater, but that the fire is dead or least a quasi sovereignty over them for a definite number of the ashes cold not even the most optimistic reasoning, based upon years, but by the greater obligation of our solemn honor to per­ the facts, can fully sustain. Though practically over, it is cer­ form every act in our power to uplift and civilize and bring the tainly too recent to be so soon forgotten by the combatants. It blessings of peace, commerce, education, and political and reli~ was waged on the part of the insurgents with as much desperation gious liberty to them! and to hold and govern them, whether they as their strength could maintain. Blood has flowed freely from consent or not, until they have ha-d a full lmowledge of our own Filipino veins. Their losses will probably never be known. country, a fulllmowledge of our form of government, backed by In the early part of the war, while opposing our advance in a power to make it strong and absolute, and a full lmowledge of nearly solid phalanx against our modern and perfect implements the blessings that follow law and order. And if we desist. in our of war, their slaughter must necessarily have been great, and the efforts before we have done this, we are recreant to our most animosities of the survivors, living yet upon the memories of sacred duty. As I have said before, I 1mow of no influence more these battles and the sorrows for the dead, can not be extinct. potent for good, for civilization, for developing character with a We have no right to expect it. It would be contrary to all hu­ sense of right and justice, than a practical administration by this man impulses and emotions to be so. No matter how kind, how great country-this exponent of individual rights-of its equal generous, how noble, or how sympathetic our conduct toward laws, conceived in equity and enforced with rigid justice and these people may be, their wounds can not be healed in one year equality in all the commercial and business relations in those or two years. Our knowledge of human nature, of human ani­ islands. Fifty years of such influence will produce more advance­ mosities and hatreds, is an insurmountable barrier against such ment and greater civilization than could be evolved by them in a a conclusion. The smart of defeat can not be smothered in a day thousand years if left to themselves. by any act of ours. .Had we given effective consideration to this well-established Because there is still insurrection in the islands our friends on principle of trade and business influence in our early legislation the other side of the Chamber claim that our course there has for the government and control of our Indian tribes, failure and been a failure. That we have done so well, that we have estab­ pauperism would not have been written on every page of our In­ lished order so thoroughly in those islands, seems to me one of dian history. Had we forced into the very midst of every tribe the grandest achievements I have ever read of in history. free and untrammeled trade opportunities, with the fair results In all but fourteen of these provinces, as I remember, civil local of honest labor kept constantly before their eyes, the comforts governments have been established, and the governors report a very and luxuries which invari~bly follow the wake of persistent ef­ strong desire on the part of the Filipino people for American fort, I believe the lazy, loafing aboriginal, gorging himself on sovereignty. Such assumed love and devotion to our institutions each ration day and starving until the next, would be unlmown. by a people still bleeding from the wounds of a lost battle must Wherever we have tested this policy we have found it working not be taken too seriously. I can not but believe that it is more like magic. _ lip service than heart devotion. The necessity of an army there Labor is a civilizer. The development of these islands, the es­ of some 40,000 or even 30,000 soldiers to-day rather negatives the tablishment of industries there giving opportunity for labor and assumption. demanding it, will of itself generate a demand for better food and If these governors' reports are entitled to absolute verity as to more clothing. A higher civilization requires a higher and more the patriotic condition of ·the people of their provinces, their ab­ extravagant mode of living, and it will make that which to-day solute and sympathetic accord and harmony with our sovereignty, is barely useful an absolute necessity to-morrow. then there could be no necessity for an army in the provinces in But they tell us that this commercial greed is destroying our which civil governments have been established. Does any person every sense of honor and duty. On the contrary, it is well known on either side of the Chamber feel that it would be safe to rely that commerce and commercial relations are the most potent fac­ upon these reports and withdraw our armies from these sections? tors in the world to develop integrity, to create and establish a If we could build an insurmountable wall around the still hostile high sense of social duty. Commercial dishonesty was never provinces, so that their rebellious influences could not be exer­ known to succeed. The very highest degree of integrity is essen­ cised in those provinces in which civil governments have been tial to success in internal or international trade. I might ask established, and then withdraw our armies wnolly from the latter, these pessimistic prophets of American degeneration whether or how long would those civil governments sustain themselves with­ not we have dealt justly with Porto Rico. Have we dealt inhu­ out the strong arm of the military power? How long before anar­ manly with Cuba? Have we devastated Hawaii? Will not the chy would prevail? On the other hand, who is there so audacious same people whose Congress, with scarce a dissenting voice, voted as to declare that these reports are wholly without any founda­ $2,000,000 of assistance in the island of Porto Rico, presented her tion; that they are ch.imei'ical. and fanciful only? with all custom duties on both imports and exports until such You must admit that for the most part or tne greater part, at 1982 CONGRESSIONAL REOORD-SENATE. FEBRUARY 20,

least, they are correct and as intelligent men see the facts before other country to whichw3were not subject at the time?" What you. Some credence must bs given to them, and if they are but power would we have of enforcing it after granting independence? half true a most wonderf-ul success has 1:-enn achieved. If they By Article XVI of that treaty it was declared that obligations are but half correct, a progress. far beyond our hopes has been at­ assumed by the United States with respect to Cuba should be tained in secur.!llg law and order and good will, and more bas limited to the time of its occupancy thereof, thus inferentially been accomplished by us th::m history has ever recorded before agreeing that! with respect to the other territory ceded, includ­ under like conditions. Our position in the Philippine Islands is ing the Philippine Islands, it should not be limited to such occu­ an uncommon one. pancy. When you voted for all of these ru:ticles, you voted for Blood has flowed before our guns, hut behind we have left the interference, if necessary, to carry them into effect. When you flowers of peace and prosperity and good order. We have done voted for the articles pertaining to life and liberty and security of what no other nation on earth has ever done before. We have property, you voted for American supremacy for such future protected those people as no people have ever been protected be­ time as those rights might be absolutely secure, and until they fore. We have given eviaencea of our good will and generous con­ have been secured and this country can say to an absolute cer­ duct to them as have never befO!·e been gi.vm:l to a vanquished army. tainty that they have been, you have no right to release your We have shown our good will; we have shown that our inten­ sovereignty or promise to release it. tions. are for the uplifting and for the development, moral and I am surprised to hear Senators who voted for this treaty-a material, of these people. The establishment of 800 schools in treaty which absolutely conveyed the sovereignty of the islands those islands are monuments to the fidelity of our purpose, which to the United States, and which bound us by every precept of can not be gainsaid and must be felt even in the islands by every national integrity to perform acts to enforce conditions a:nd regu­ inhabitant thereof. They are living principles of good will and lations which could be performed upon no other theory tha:n that national friendship. our sovereignty was complete, now assert that at the time we The Filipino people can not but understand a:nd comprehend entered into that treaty these islands were an independent conn­ that no people educates or desires to educate another people whom try. If they were an independent country at that time, then why they pnrpose to rob and enslave or wrong in any manner. You did you vote for that treaty? If they were an independent nation, talk about granting them absolute independence; about withdraw­ what right had you, by solemn obligation, to accept sovereignty ing our armies. You say we have no right there, and hence our over them? What greater right would you have to accept sover­ only honorable course would be to withdraw. If you would do eignty over them than you would have to accept sovereignity that, then you would break the solemn obligation entered into over Canada in a compact made between this country and Spain? between this country and Spain within four years from its enact­ Your position that you could release them after a while is incon­ ment. By your very votes-and I refer to our Democratic mem­ sistent with the very terms that that compact contained, which bers more particularly in this-you imposed a condition upon us forbade your releasing them upon any terms until at least you which guaranteed certain privileges and obligated us to do that were able to guarantee every condition thatwascontained in that which you would now deprive us of the power to carry out. treaty. By Article ry of the treaty you provided: I ca:n not understand how Senators can now take the position, Tbs United States will, for the term of ten years from the date of the ex­ "I voted for this treaty and yet at the same time I knew that I ch..'I.U ~ cf tho r;~.tiflcations of the present treaty, admit Spanish ships and was taking a sovereignty over people against whom I had no merchandise to the ports of the Philippine Islands on the same terms as ships right or authority to exercise that right of sovereignty." That and merchandise of the United States. is the position they are placed in in their argument i1pon this Can you now by your act dishonor that obligation by any agree­ proposition. ment with the Filipino people, whereby you snrrenderthe power It does not do to answer that we could accept a temporary sov­ of enforcement, and if you retain the power of interference to ereignty and then release them. If they were an independent uphold that article of the treaty, then your grant of independence people at that time, we had no more right to hold a soverejgnty is B farce. Absolute independence is wholly at variance with the over them one second than we had to hold it for a thousand right to coerce for any purpose whatever. You can not in one years. If you question the tight to accept sove1·eignty over breath declare to them that they are an absolute independent them, if you insist that they wer·e a:n independent nation at that people, with power to conduct without interference their internal time, free from Spain, then certainly it seems to me that you government and external relations, and in the next breath com­ were derelict in your honorable duty toward an independent coun­ mand them to insure your decree in their internal affairs, and to try to have assumed authority over them. carry out your compact with another country to which they I am not prepaTed to agree with the contention on this side of were not a party. By your own argument you not only destroy the Chamber the othe1· day, if I understood the proposition, that your conclusion) but divulge the inconsistency of your vote on the acknowledgment of any coUlltry is a necessary prerequisite to the treaty, which yom· proposed action w

sympathy, toward a foreign people· to the one idea of trnde rela­ need be shipped only across one ocean, and we have disposed of tions. While I do not consider it pertinent to this question, it has our surplus. Compared with rice, wheat is a far better article of been discussed so often that I wish to say only one word_in _refer­ food, and with freight rates that will enable us to compete with ence to it before closing. the rice market of China there is no reason in the world why the I can see no reason in the world why we may not,_ even while oriental people should not in th~ near future demand and con­ we are conducting a war in the Philippine Islands, keep our eyes sume every bushel of our grain above what is needed for home constantly upon trade with foreign countries. consumption. I was more than glad to see in the morning papers the note from Mr. President, I have a table here which I will ask also to be our Secretary of our State which was sent to the Chinese and R us­ made a part of my remarl.s, showing the imports of the world sian Governments holding to the strict terms of the understand­ into the Orient alone. I note by this table that the total amount

ing lately entered into by the powers in China. When he did of imports for one year, 1900 1 was 1,125,882,000. The United that he knew th'e condition of trade relations by which we are States exported into that country $60,500,519 of this trade, or only confronted, as it seems to me every American does. about 5.3 per cent of the whole. ' It may be true that the enormons expenditures attendant upon Considering our importance both as an exporter of manufac­ a war in the Pllllippine Islands may be so great that many years tured and agricultural productsr considering the enormous trade of prosperous trading would be required in those islands and in that there was, of over a billion and a quarter in imports alone, the Orient to repay the sum expended. Thi& war, however, is not in that country in 1900 (and it has been very much mo1·e in the & war for revenue. It is carried on to fulfill an obligation resting last two years), is there not a field of itself worthy of the careful upon our people-an obligation which the treaty-making power consideration of the American people? of the United_States forced upon the country. Commercial pros­ .A.SI.ATXO IMPORTS. perity and advanced commercial relations will, howeve1\ follow our occupation of the Philippine Islands. Proximity to any coun­ (Figurestakenfromofficial reports of each country at latest date obtainable.] try as is well known, is an incentive to and stimulates trade From United with uch country. It is most natural to trade :with one's nearest Countries. Year. Total. United States' neighbor, whose in:fiuen'Ce is ever present where the trade relations States. share. are favorable. It has been demonstrated time and again that even the establishment of banks by' the ciiri.zens of any oountry in the Per cent. that Aden ------1900 $14,448,00> ~51,75-3 5.8 Oriental regions has, by reason of fact alone, stimulated trade China ______------llm 161,353,001 11,081,14.{1 6.8 with such country. One can not belittle the future Oriental trade. British Ea'St Indies:- It may be that those people to-day can purchase relatively but India------1900 37'1, 950, !XX) 7,500.~ 1. 9 little, and that they need but little-; but-they are being hemmed in, Ceylon..------____ ----.----- 1900 !2.> 779f(XX) 212,1rn 5 Stra.ita Settlements_------___ _ 1900 :>-~,044,00> 937,600 i6 surrounded by the Christianizing influences of every enlightened Dutch East Indies------1900 76,911,00> 1,994,858 2.5 country in Em·ope, and their demands are bound to grow in pro- Frencn East Indies ______1900 37,170,00> 118,102 3 portion to the a-d 'Vance of such ilnftuence. · Hongkong ---~-- · ------1900 .>12!), 00>, (XX) 9,373,239 7~ 5. Japan.~-· · ------1900 143,630, (XX) 26,492,~ 18. 4 To-day the great commerciaL powers of the world are bending Korea ______.------1900 5, 359, (XX) 100 297 2. ( every effort to inclose and hold for the respective commerce vast 1898 14, tsS, (XX) 1,300:558 9. 6 tracts of this great field of consumption. England holds and ::~~~~~~~=====~ ==== :::::: 1900 12,644,00> 164,311 1.2 Turkey (Asiatic) ______------198 32, 500, (XX) 241,(XXJ 7 pours out her snrplus upon India. RtiBsia is crowding upon Persia_------1899 26, 600, (XX) Manchuria and Persia. China and the Orient-no place on the Total for Asia.------·-- 1,1.2!), 2 (XX) 60,500,519 5. 3 face of the earth offers the possibilities for future trade as does British Australasia b ______• ______1900 270, 223", 00) 28,175,683 this region. 10. 4 Mr. President, we know to-daythat we are becoming the great­ a Estimated. b Intercolonial trade omitted. est. export nation upon the face of the earth. Our exports now are not only agricultural products, but they are manufactured But, Mr. Presi.dent, commercial aggrandizement is not the ob­ products. The continued prosperity of our people demands a ject, but a mere incident of our occupancy and sovereignty of continued policy. which shall open up new fields for new prod­ these islands. As such incident it has its place and may, with nets. It is useless to say that these pe~ple buy but little. entire propriety, be considered. Where will ottr trade pay? To-day we can seli ou:r agricultural Far higher and over hadowing Cl •mmercial considerations is our products in great quantities to Great Britain, because she raises tfu.·eefold duty-duty towaTd the people of the Philippine Islands, btrt little herself; but we can not sell to her our manufactm·ed duty we owe to the world, and duty we owe to ourselves. When products and at the same time sustain onr own country and keep that duty has been wholly performed and we have done to the np the high prices which are paid to labor here. utmost all that effort and example can do for the betterment of We can not trade agricultural goods with an agrieuitural coun­ these people, then will be the time for final decision as to our try or manufactured goods with a manufacturing country. We future relation. must find territory which does not produce or produces but a lim­ But if the time comes when we can honorably say to these peo ited amount of the goods we desire to export. We can not sell p.le, "Go," that time will be when we can also say," Go in peace, wheat to Egypt or Russia or the Argentine Republic. Great with a steadfast faith and assurance in your ability to maintain Britain to-day can not place any ban against our agricultural a self-governing republic, which will be an honor to the name, a products, because she needs them and must have them, because lesson to the world, and a pride to om· own country, which estab­ they can not be raised there in sufficient quantities, but whenever lished and guarded it in its infant weakness." we invade the markets of Germany or Great Britain or France Mr. BATE obtained the floor. with manufactured products they can, for self-protection, raise Mr. TELLER. I do not suppose the Senate wants the Senator the wall of duties against us so as to cut off our field there en­ from Tennessee to go on at this late hour. I suggest that we tirely. We can not sell manufactured fabrics to England or Ger­ either take an adjournment or go into executive ses ion. many. The world knows this Iaw of trade and it knows the Mr. BATE. The Senator from Wisconsin [Mr. SPOO~R] told present trade conditions. The world is not one!...hundredth part me just now that he desires an executive session. I have no ob­ so large as it was a century ago, and the commercial eye of man jection to going on now, if that is the wish of Senatorsr scans its every foot. Mr. LODGE. I do not want, of course, to press the Senator Our Asiatic trade is in its infancy. It is destined-if the in­ from Tennessee to speak this evening if he does not desire to do terest of the Government is properly directed toward it-to soon so, but we have only two days before the day which is to be de become a giant in its proportions. The business men of the voted to fifteen-minute speeches, and the indications to me are country see this. President Hill, of the Great Northern, who tha-t there are a number of Senators who desire to speak. I am :bas given a life study to the industrial conditions of the world, anxiousthat-- and whose great success as a business man and financier has Mr. BATE. I understand that the Senator from Massachusetts shown him to be· a thoroughly practical man, and never a mere who has the bill in charge proposes that the Senate shall meet to­ theorist, is about to place upon the Pacific ships of the greatest morrow at 11 orclock. carrying capa-city ever built, ptrrely for the oriental trade. The Mr. TELLER. That has been already done. great question affecting America to-day is: what to do with our Mr. BATE. I was not aware of it. surplus in agricnltural and manufactured goods. Mr. LODGE. That has been agreed to. Unless the surplus can be forced into foreign markets it must Mr. BATE. Very well. disastrously atrect the price here. It therefore follows that a Mr. TELLER. I think we ought to give the Senator from Ten­ newly discovered or created' field of consumption, sueh·a:s China nessee an opportunity to go on to-morrow morning. or Japan. in which the demand for our surphrs can be developed to Mr. LODGE. Very well. I desire to consult the convenience an enormoliS extent must be wonderfully beneficial to the Ameri­ of Senators. Unless there is some other. Senator who would like can people. Let Japan, the Philippines, a~ China, with its 4qo,- to g~ on a~ this time I ~ m?ve that the Senate proceed to the 000,000 people, take the wheat from the Pacific States alone, which conSideration of execut1ve busmess. 1984 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20,

:Mr. BATE. I have the floor, I understand. Charlottesville, Va., for a term of three years, and Charles F. The PRESIDENT pro tempore. The Chair will recognize the Chandler, a citizen of New York City, N. Y., for a term of twa Senator from Tennessee in the morning. years. Mr. SPOONER. I wish to give notice that after the Senator PROMOTIONS IN THE NAVY. from Tennessee [Mr. BATE] shall have concluded his r•marks to­ Capt. Philip H. Cooper, to be a rear-admiral in the Navy, from monow I shall ask to be recognized. the 9th day of February, 1902 (subject to the examinations re· .MISSOURI RIVER BRIDGE AT KANSAS CITY, MO. quired by law), vice Rear-Admiral William T. Sampson, retired. Capt. George H. Wadleigh, to be a rear-admiral in the Navy, Mr. COCKRELL. I ask unanimous consent for the present from the 9th day of February, 1902, vice Rear-Admiral Bartlett consideration of the bill (S. 3107) to authorize the construction J. Cromwell, retired. of a bridge over the Missouri River at or near the city of Kansas Lieut. Commander Charles W. Bartlett, to be a commander in City, Mo. It is a very short bill, and will take but a very few the Navy, from the 9th day of October, 1901, vice Commande1 moments. It has been favorably reported from the Committee on Uriel Sebree. promoted. Commerce with amendments. Lieut. (Junior Grade) Fritz L. Sandoz. to be a lieutenant in The PRESIDENT pro tempore. Does the Senator from Massa­ the Navy, from the 9th day of October, 1[01, vice Lieut. Thomas chusetts withdraw his motion? W. Ryan, promoted. Mr. LODGE. I will withdraw it temporarily. I shall make Lieut. (Junior Grade) Frank Lyon, to be a lieutenant in the no objection to the consideration of the Senator's bill, but I desire Navy, from the 17th day of December, 1901 (subject to the exam­ to say that I shall renew my motion for an executive session after inations required by law), vice Lieut. Walter J. Sears, promoted. that bill shall have been concluded. Lieut. (Junior Grade) John McC. Luby, to be a lieutenant in There being no objection, the Senate, as in Committee of the the Navy, from the 17th day of December, 1901, vice Lieut. Whole, proceeded to consider the bill (S. 3107) to authorize the Frank Lyon, an additional number in grade. construction of a bridge over the Missouri River at or near the Lieut. (Junior Grade) Arthur G. Kavanagh, to be a lieutenant city of Kansas City, Mo .. which had been reported from the Com­ in the Navy, from the 27th day of December, 1901 (subject to the mittee on Commerce with amendments. examinations required by law), vice Lieut. Edward H. Scribner, The first amendment was, in section 3, on page 2, line 19, before promoted. the word "feet," to strike out" fifty" and insert "fifty-two; " Lieut. (Junior Grade) Carlton F. Snow, to be a lieutenant in in the same line, after the word " above," to insert " the; " in the the Navy, from the 28th day of December, 1901 (subject to the same line, after the word" high-water," to strike out" mark, as examinations required by law), vice Lieut. Frank M. Bennett, understood at the point of location, to the lowest member of the promoted. - bridge superstructure, and shall have at least one channel span Lieut. (Junior Grade) Henry T. Baker, to be a lieutenant in of not " and insert "grade line for bridges as established by the the Navy, from the 15th day of January, 1902, vice Lieut. John A. Missouri River Commission, nor shall any of its spans over the Bell, promoted. waterway be;" inline24,aftertheword" feet,"toinsert" in the;" Rev. Bower Reynolds Patrick, a citizen of Minnesota, to be a in the same line, after the word" clear," to stride out "channel chaplain in the Navy, to fill a vacancy existing in that Corps. way, all other spans over the waterway to have clear channel way of not less than 300 feet'' and insert ''between the piers or the POSTMASTERS. piers and abutments; " in line 8, on page 3, after the words" spans Frank F. Crowe, to be postmaster at Montevallo, in the county of," to strike out" not less than 200 feet in length in the clear on of Shelby and State of Alabama. Office became Presidential Jan- each side of the central or pivot pier of the draw" and insert nary 1, 1902. - "such clear width of opening a.s the Secretary of War shall pre­ Laura G. Crable, to be postmaster at Tombstone, in the county scribe, and the next adjoining spans to the draw shall also be of of Cochise and Territory of Arizona. Office became Presidential such length as he shall prescribe;" so as to read: January 1, 1902. That if said bridge shall be made with unbroken and continuous spans it Eben B. Trask, to be postmaster at Plant City, in the county of shall not be of less elevation in any case than 52 feet abOve the high-water Hillsboro and State of Florida. Office became Presidential J anu­ grade line for bridges as established by the Missouri River Commission, nor shall any of its spans over the waterway be less than 400 feet in the clear be­ ary 1, 1902. tween the piers or the piers and abutments, a.nd the piers of said bridge shall F. J. Allen, to be postmaster at East Point, in the county of be parallel with the current of said river, and the bridge itself at right angles Fulton and State of Georgia. Office became Presidential January thereto as near as may be: Provided, That if said bridge be constructed as a. drawbridge, it shall be constructed a.s a. pivot drawbridge, with a. draw over 1, 1902. the main channel of the river at an a.ccessible and the best navigable point, Hans Keiser, to be postmaster at Elgin, in the county of Fayette and with spans of such clear width of opening as the Secretary of War shall and State of Iowa. Office became Presidential Januaryl, 1901. prescribe, and the next adjoining spans to the draw shall also be of such length as he shall prescribe; and said spans shall not be less than 10 feet Isaac Foster, to be postmaster at Gladwin, in the county of above extreme high-water mark, measuring to the lowest member of the Gladwin and State of Michigan. Office became Presidential J anu­ bridge superstructure, etc. ary 1, 1902. The amendment was agreed to. Max V. Robinson, to be postmaster at Fairfax, in the c0unty of The next amendment was, at the end of section 3, on page 3, line Atchison and State of Missouri. Office became Presidential J anu­ 23, to insert: ary 1,1902. Provided furthel', That after the completion or during the construction of George C. Reed, to be postmaster at Park Ridge, in the county said bridge, if in the opinion of the Secretary of War it is necessary for the of Bergen and State of New Jersey. Office became Presidential safety and convenience of navigation under said bridge to build accessory works, such as dikes, booms, or other structures, in order the more effectu­ January 1, 1902. ally to preserve the free navigation of the river, such structures as may re­ Harry C. Butler, to be postmaster at .Anson, in the county of ceive the approval of the Secretary of War shall be built and maintained by Jones and State of Texas. Office became Presidential January 1, the owners of said bridge. 1902. The amendment was agreed to. Berry McGee, to be postmaster at Italy, in the county of Ellis The bill was reported to the Senate as amended, and the amend­ and State of Texas. Office became Presidential January 1, 1902. ments were concurred in. .Andrew J. Prince, to be postmaster at Pratt City, in the county The bill was ordered to be engrossed for a third reading, read of Jefferson and State of Alabama, in place of Andrew J. Prince. the third time, and passed. Incumbent's commission expired February 16, 1902. EXECUTIVE SESSION. David L. Clinton, to be postmaster at Clintonville, in the county of New Haven and State of Connecticut, in place of David Mr. LODGE. I renew my motion that the Senate proceed to L. Clinton. Incumbent's commission expires February 25, 1902. the consideration of executive business. John W. Garwood, to bs postmaster at Monticello, in the _ The motion was agreed to; and the Senate proceeded to the con­ county of Jefferson and State of Florida, in place of John W. sideration of executive business. After seven minutes spent in Garwood. Incumbent's commission expired January 21 1902. executive session the doors were reopened, and (at 5 o'clock and Mitchell G. Hall, to be postmaster at Cordele, in the COlmty of 22 minutes p.m.) the Senate adjourned until to-morrow, Friday, Dooly and State of Georgia, in place of Mitchell G. Hall. In· February 21, 1992, at 11 o'clock a. m. cumbent's commission expired January 14, 1902. Thomas W. Price, to be postmaster at Astoria, in the county of Fulton and State of Illinois, in place of Thomas W. Price. In­ NOMINATIONS. cumbent's commission expired January 14, 1902. Exe(JUtive nominations received by the Senate February 20,1902. Lewis A. Castle, to be postmaster at Wyoming, in the county of Stark and State of Illinois, in p1ace of Lewis A. Castle. In­ BOARD OF VISITORS. cumbent's commission expired February 18, 1902. I nominate as members of the Board of Visitors to the United Clarkson D. Overman, to be postmaster at Fairmount in the States Naval Observatory. Charles A. Young, a citizen of Prince­ county of Grant and State of Indiana, in place of Clarkson D. toD, N.J., for a term of three years; Ormond Stone, a citizen of Overman. Incumbent's commission expired January 10, 1902. 1902. OONGRESSIONAL RECORD-SENATE. "1985.

James A. Rose, to be postmaster at Chickasha, in the Chicka­ August Schneider, to be postmaster at Weston, in the county saw Nation, Indian Territory, in place of James H. Miller. In­ of Platte and State of Missouri, in place of August Schneider. cumbent's conimission expires February 25, 1902. Incumbent's commission expired January 31, 1902. E. T. Roland, to be postmaster at Eldon, in the county of Wa­ Maurice Deering, jr., to be postmaster at Marysville, in the pello and State of Iowa, in place of William G. Crow. Incum­ county of Lewis and Clarke and State of Montana, in place of bent's commission expired January 10, 1902. Maurice Deering, jr. Incumbent's commission expired January L. E. Hulse, to be postmaster at Keota, in the county of Keo­ 10, 1902. kuk and State of Iowa, in place of Hanna P. Newton. Incum­ John Peters, to be postmaster at Albion, in the county of Boone bent's commission expired January 10, 1902. and State of Nebraska, in place of John Peters. Incumbent's Milton A. McCord, to be postmaster at Newton, in the county commission expired February 8,1902. of Jasper and State of Iowa, in place of Milton A. McCord. In­ · Frank W. Wake, to ba postmaster at Genoa, in the county of cumbent's commission expired January 21, 1902. Nance and State of Nebraska, in place of Frank W. Wake. In­ Ludlow F. Petty, to be postmaster at Shelbyville, in the county cumbent's commission expired February 16, 1902. of Shelby and State of Kentucky, in place of Ludlow F. Petty. F. W. Barnhart, to be postmaster at Hartington, in the county Incumbent's commission expired February 16, 1902. of Cedar and State of Nebraska, in place of Thomas B. A. Wat­ Arthur Bliss, to be postmaster at Andover, in the county of son. Incumbent's commission expired February 11, 1902. Essex and State of Massachusetts, in place of Arthur Bliss. In­ Walter H. Andrews, to be postmaster at Lexington, in the cumbent's commission expired January 10, 1902. county of Dawson and State of Nebraska, in place of Walter H. Joseph M. Hollywood, to be postmaster at Brockton, in the Andrews. Incumbent's commission expires February 23, 1902. county of Plymouth and State of Massachusetts, in place of Thomas F. Austin, to be postmaster at Millville, in the county Joseph M. Hollywood. Incumbent's commission expired May 17, of Cumberland and State of New Jersey, in place of Joseph D. 1901. Troth. Incumbent's commission expired January 12, 1902. Arthur P. Wright, to be postmaster at East Pepperell, in the Frank Wanser, to be postmaster at Vineland, in the county of county of Middlesex and State of Massachusetts, in place of Ar­ Cumberland and State of New Jersey, in place of James J. Hunt. thurP.Wright. Incumbent'scommissionexpiredJanuary10, 1902. Incumbent's commission expired February 18, 1902. John F. Freese, to be postmaster at East Walpole, in the county Henry H. Smith, to be postmaster at Worcester, in the colmty of Norfolk and State of Massachusetts, in place of John F. Freese. of Otsego and State of New York in place of Henry H. Smith. Incumbent's commission expired January 10, 1902. Incumbent's commission expires February 22, 1902. Dexter Grose, to be postmaster at North Abington, in the Anna Callahan, to be postmaster at Casselton, in the county of county of Plymouth and State of Massachusetts, in place of Cass and State of North Dakota, in place of John F. Callahan. Dexter Grose. Incumbent's commission expired May 18, 1901. Incumbent's commission expired January 10, 1902. Walter N. Beal, to be postmaster at Rockland, in the county Thomas W. Millham, to be postmaster at Ellendale, in the of Plymouth and State of Massachusetts, in place of Walter N. county of Dickey and State of North Dakota, in place of Fred S. Beal. Incumbent's commission expired January 10, 1902. Goddard. Incumbent's commission expires February 25, 1902. Serbertrum E. Bliss, to be postmaster at South Hadley Falls, Charles S. Dunn, to be postmaster at Lockland, in the county in the county of Hampshire and State of Massachusetts, in place of of Hamilton and State of Ohio, in place of Charles S. Dunn. In­ Serbertrum E. Bliss. Incumbent's commission expired January cumbent's commission expired January 12, 1902. 21, 1902. S. E. Nimmons, to be postmaster at Plymouth, in the county of Harry S. Tripp, to. be postmaster at Spencer, in the county of Richland and State of Ohio, in place of George W. Hofman. In­ Worcester and State of Massachusetts, in place of Harry S. Tripp. cumbent's commission expired January 12, 1902. Incumbent's commission expired January 10, 1902. James W. Bartlett, to be postmaster at Doylestown, in the William M. Beekman, to be postmaster at Charlotte, in the county of Bucks and State of Pennsylvania, in place of James W. county of Eaton and State of Michigan, in place of William M. Bartlett. Incumbent's commission expires February 22, 1902. Beekman. Incumbent's commission expires February 25,1902. C. A. Wishart, to be postmaster at Dunbar, in the county of Stephen R. Allen, to be postmaster at Homer, in the county of Fayette and State of Pennsylvania, in place of George H. Swear­ Calhoun and State of Michigan, in place of Stephen R. Allen. ingen. Incumbent's commission expired June 16, 1901. Incumbent's commission expired February 18, 1902. Charles Seger, to be postmaster at Emporium, in the county of William G. Hudson, to be postmaster at Ludington, in the Cameron and State of Pennsylvania, in place of Charles Seger. county of Mason and State of Michigan, in place of William G. Imcumbent's commission expired January 10, 1902. Hudson. Incumbent's commission expired January 10, 1902. Benjamin F. Davis, to be postmaster at Freeland; in the county Calvin A. Palmer, to be postmaster at Manistee, in the county of Luzerne and State of Pennsylvania, in place of Benjamin F. of Manistee and State of Michigan, in place of Calvin A. Palmer. Davis. Incumbent's commission expired January 10, 1902. Incumbent's commission expired January 10, 1902. Delazon P. Higgins, to be postmaster at Lewisburg, in the county Edwin S. Williams, to be postmaster at Niles, in the county of of Union and State of Pennsylvania, in place of Delazon P. Hig­ Benien and State of Michigan, in place of Edwin S. Williams. gins. Incumbent's commission expired July 8, 1901. Incumbent's commission expired February 18, 1902. George W. Schoch, to be postmaster at Mifflinburg, in the county Hannibal A. Hopkins, to be postmaster at St. Clair, in the of Union and State of Pennsylvania, in place of George W. Schoch. county of St. Clair and State of Michigan, in place of Hannibal Incumbent's commission expired January 31, 1902. A. Hopkins. Incumbent's commission expires February 25, 1902. Joseph E. Euwer, to be postmaster at Natrona, in the county of Frederick Kruger, to be postmaster at St. Ignace, in the county Allegheny and State of Pennsylvania, in place of Joseph E. Euwer. of Mackinac and State of Michigan, in place of Frederick Kruger. Incumbent's commission expired January 10, 1902. Incumbent's commission expired January 10, 1902. Frederick H. Bartleson, to be postmaster at Sharpsville, in the Charles Brown, to be postmaster at Vicksburg, in the county county of Mercer and State of Pennsylvania, in place of Frederick of Kalamazoo and State of Michigan, in place of Charles Brown. H. Bartleson. Incumbent's commission expires February 25, Incumbent's commission expired January 10, 1902. 1902. Henry Loss, to be postmaster at Wayne, in the county of Wayne John W. Cass, to be postmaster at Woonsocket, in the county and State of Michigan, in place of Henry Loss. Incumbent's of Providence and State of Rhode Island, in place of John W. commission expired January 10,1902. Cass. Incumbent's commission expired January 10, 1902. John J. Davis, to be postmaster at White Pigeon, in the county Samuel G. Dewell, to be postmaster at Pierre, in the county of of St. Joseph and State of Michigan, in place of Fred C. Hotchin. Hughes and State of South Dakota, in place of Samuel G. Dewell. Incumbent's commission expires February 25, 1902. Incumbent's commission expired February 11, 1902. James Ruane, to be postmaster at Slayton, in the county of A. M. Hughes, to be postmaster at Columbia, in the county of Murray and State of Minnesota, in place of James Ruane. In­ Maury and State of Tennessee, in place of Hugh F. Fariss. In­ cumbent's commission expired January 10, 1902. cumbent's commission expired February 2, 1902. Annette Simpson, to be postmaster at Pass Christian, in the Harty A. Griffin, to be postmaster at Galveston, in the county county of Harrison and State of Mississippi, in place of Annette of Galveston and State of Texas, in place of Harry A. Griffin. Simpson. Incumbent's commission expired February 18, 1902. Incumbent's commission expired February 19, 1902. Aaron M. Storer, to be postmaster at Kosciusko, in the county Dan Peaslee Webster, to be postmaster at Brattleboro, in the of Attala and State of Mississippi, in place of Aaron M. Storer. county of Windham and State of Vermont, in place of Dan Peaslee Incumbent's commission expired January 14, 1902. Webster. Incumbent's commission expires February 25, 1902. Joseph H. Handel, to be postmaster at King City, in the county N. Clifford Nichols, to be postmaster at Leesburg, in the county of Gentry and State of Missouri, in place of Joseph H. Handel. of Loudoun and State of Vrrginia, in place of N. Clifford Nichols. Incumbent's commission expired January 21, 1902. Incumbent's commission expired February 11, 1902. . William C. Gaston, to be postmaster at Keytesville, in the Charles T. Holtzman, to be postmaster at Luray, in the county county of Chariton and State of Missouri, in place of William C. of Page and State of Virginia, in place of Charles T. Holtzman. Gaston. Incumbent's commission expired February 16, 1902. Incumbent's commission expired February 16, 1902. XXXV-125 1986 - CONGRESSIONAL RECORD-HOUSE. FEBRUARY 20,

William L. Mustard, to be postmaster at Pocahontas, in the HOUSE OF REPRESENTATIVES. county of Tazewell and State of Virginia, in place of William L. Mustard. Incumbent's commission expired February 16, 1902. THURSDAY, February 20, 1902. George N. Lamphere, to be postmaster at Palouse, in the county The House met at 12 o'clock m. Prayer by the Chaplain, Rev. of Whitman and State of Washington, in place of GeorgeN. Lam­ HE.""ffiY N. COUDEN, D. D. phere. Incumbent's commission expired January 22, 1902. The Journal of yesterday's proceedings was read and approved. Albert S. Dickinson. to be postmaster at Waitsburg, in the county of W allawalla and State of Washington, in place of Albert INDI.A....."'i APPROPRIATION BILL. S. Dickinson. Incumbent's commission expired January 2'>, 1902. Mr. SHERMAN. Mr. Speaker, I move that the House resolve Alonzo E. Linch, to be postmaster at Moundsville, in the county itself into Committee of the Whole House on the state of the of Marshall and State of West Virginia, in place of Alonzo E. Union for the further consideration of the Indian appropriation Linch. Incumbent's commission expired January 10, 1902. bill. Alexander Clohan, to be postmaster at Martinsburg, in the The SPEAKER. The gentleman from New York moves that county of Berkeley and State of West Virginia, in place of Alex­ the House resolve itself into Committee of the Whole House on ander Clohan. Incumbent's commission expires February 22, 1902. the state of the Vnion for the further consider2.tion of the Indian Matthew J. Connors, to be postmaster at Hurley, in the county appropriation bill, being the bill H. R. 11353. of Iron and State of Wisconsin, in place of Matthew J. Connors. The motion was agreed to. Incumbent's commission expired January 12, 1902. The House accordingly resolved itself into Committee of thf F. A. R. Van Meter, to be postmaster at New Richmond, in the Whole House on the state of the Union, Mr. MONDELL in the county of St. Croix and State of Wisconsin, in place of Thomas chair. Porter. Incumbent's commission expired January 12, 1902. The CHAIRMAN. The House is in Committee of the Wholfl Lewis S. Fisher, to be postmaster at Sparta, in the county of House on the state of the Union for the further consideration of Monroe and State of Wisconsin, in place of Lewis S. Fisher. the Indian appropriation bill, under the five-minute rule. Incumbent's commission expired January 12, 1902. 1\Ir. SHERMAN. Mr. Chairman, I ask unanimous consent that Fred C.'"Furth to be postm~ter at Pine Bluff, in the county I may proceed, not to exceed ten minutes, before we begin the of Jefferson and'State of Arkansas, in place of Louis Altheimer, reading. resigned. The CHAIRMAN. The gentlemanfromNewYorkasksunani­ D. W. Rathbun, to be postmaster at Marion, in the county of mous consent that he may proceed ten minutes. Is there objec­ Linn and State of Iowa, in place of John S. Willard, removed. tion? fAfter a pause.] The Chair hears none. Mr. SHERMAN. I have no doubt, Mr. Chairman, that the CONFIRMATIONS. committee and the House could derive some amusement and Executive nominations conji1·med by the Senate Februa1-y 17, 1902. pleasm·e and possibly information by listening to the continuance of such speeches as we have heard in the House for the last two POSTMASTERS. days; but I notice in the morning paper's report of last night's Harry W. Rankin, to be postmaster at Hempstead, in the gathering of the representatives of an organization-than which county of Waller and State of Texas. there is none more honorable in this country-that the Chief Thomas L. Ball, to be postmaster at Decatur, in the county of Executive of this country, prea-ching what he practices, stated Wise and State of Texas. that it should be our desire to place even before glory '' duty; '' Henry A. Cady, to be postmaster at Ballinger, in the county of and so, Mr. Chairman, I think it is not inappropriate to turn aside Runnels and State of Texa~. from the consideration of princes, past and present, and of money Joel D. Cranford, to be postmaster at Mineral Wells, in the questions, mostly of the past, and various other subjects, relating county of Palo Pinto and State of Texa~. to the past, the present, and the future, and devote our attention Theodore Ray to be postmaster at Midland, in the county of for a few minutes to the dry details of an Indian appropriation Midland and State of Texas. bill. Joseph E. Roach, to be postmaster at Atlanta, in the county of The bill now presented, Mr. Chairman, carries appropriations Cass and State of Texas. aggregating$8,iOO,OOO,inroundnumbers,oroneandthree-quarters Robert C. May, to be postmaster at Leonard, in the county of million dollars less than was appropriated in the last annual ap­ Fannin and State of Texas. propriation bill. These reductions are made mainly in the items Executive nominations confirmed by the Senate February 20, 1902. for treaty stipulations, which this year carry one million two APPOINTME...~ IN THE A.rud:Y-GEl-.~ OFFICER. hundred thousand less than last year; for the support of the To be brigadier-general. Dawes Commission and the continuance of its work, for which Col. Francis L. Guenther, Artillery Corps, February 13,1902. $210,000 less is appropriated this year; 100,000 less for the gen­ eral school fund; and $100,000 less for the town-site work in the PROMOTION IN THE NAVY. Indian Tel7itory; $100,000 less for miscellaneous support, and Lieut. Commander Henry McCrea, to be a commander in the $75,000 less for the current contingent expenses of the Depart­ Navy, from the 9th day of February, 1902. ment. A.PPOINTMEXT IN THE NAVY. The increases are about $90,000 and are practically entirely Mr. Walter E. Griffin, a citizen of Michigan, to be an assistant within the heading of miscellaneous gratuities, and all of that in­ surgeon in the Navy, with the rank of lieutenant (junior grade). crease is more than accounted for by the single item of 100,000 REGISTER OF THE LAND OFFICE. for the benefit of the Mission Indians in Southern California, which we deem to be necessary to transfer the Indians of that Anton H. Classen, of Oklahoma Territory, at present receiver tribe from their present location at Warner's ranch, the highest of public moneys at Oklahoma, Okla., to be register of the land court having decided that they have no title there, and providing office at said place. some other reservation for them in the vicinity of the present RECEIVERS OF PUBLIC MO).""EYS. ranch, where they would not be subject to climatic changes and C. Frost Liggett, of Colorado, to be receiver of public moneys would be surrounded by all the conditions that have surrounded at Lamar, Colo. them for generations. George A. Smith, of Utah, to be receiver of public moneys at While the Book of Estimates calls for appropriations of $1,000,000 Salt Lake City, Utah. less than is carried in this bill, there came to us as subsequent es­ Henry G. :McCrossen, of Wisconsin, to be receiver of public timates from the Treasury Department and recommendations moneys at Wausau, Wis. directly from the Secretary of the Interior covering substantially POSTM.A.STERS. all that is included in this bill. Henry B. Rollinson, to be posbnaster at Rahway, in the county I think there are but one or two items in the bill that have not of Union and State of New Jersey. come to us through the regular channel of estimates from the Edwin D. Goodell, to be postmaster at Brookfield, in the county Treasury Department or by the approval of the Secretary of the of Worcester and State of Massachusetts. Interior. Woodbury Marson, to be postmaster at Booth Bay Harbor, in There is included in the bill several legislative provisions. the county of Lincoln and State of Maine. They are with one exception set out in the report which accom­ George L. Stoughton, to be postmaster at Westerville, in the panies the bill, and that exception was an inadvertence. There county of Franklin and State of Ohio. are certain provisions in the bill which are susceptible to a point Han'Y B. Ward, to be postmaster at Duquoin, in the county of of order if any gentleman desires to make it. We have not at­ Perry and State of illinois. tempted to conceal the existence of these items in the bill. There Frank J. Cory, to be postmaster at Watertown, in the county of is no item in the bill, however, that the committee for whom I Codington and State of South Dakota. speak do not consider essential to the best interests of the Indians. Alfred R. Messler, to be postmaster at Upper Mont Clair, in the I think, Mr. Chairman, that is all I care to say at the present county of Essex and State of New Jersey. moment. From time to time as the bill is read, if there is any 1902. CONGRESSIONAL RECORD-HOUSE. 1987 specific information that is desired by any member of the com­ Mr. SHERMAN. Mr. Chairman, I have prepared several tables mittee or of the House on any special item, I would be glad to showing the amounts of various appropriations for the past ten give it. years under various .,heads other than treaties, which I will not Mr. SULZER. I would like to ask the gentleman a question. take the time to read, but will print. I think they may be of use Is there anything in this bill that allows the Indians on the reser­ in considering needed appropriations in future years. I also ~e­ vations in the State of New York to sell their lands? sire to print an agreement made by the ~ard o~ county co~ Mr. SHERMAN. There is not. sioners of Jackson County, Kans., to keep m repair certain bndges, Mr. SULZER. That is all I wanted to know. for the construction of which we appropriate in ~his bill. Cm-rent and contingent expenses.

Superin- Num- For su- Buildings Contingen- Citizens' Num- Amount Amount berof !'9rin- tendent and Year. berof paid paid inter- ~ount~~'paidin- traveling schools, repair::t, cies of commis- agents. agents. preters. inspec- spectors. expenses. tendent tra;eling service. sion. tors. schools. expenses. agencies. - 1892 ---··· ...... 58 $92,200 ~.00) 5 $15,00> $8,00) $4,00) $2,00) $3),® $45,00) 5,00) 1893 ...... 57 86,000 20,00) 5 15, 000 8, 00) 3,500 2,!XXJ 20,00) 40,00) 5,00) 3,00) 44,00) 40,00) 4,00) 189!--95 ...... 57 86,600 10,00) 5 12,500 1,1XXl 1800 ...... ------...... 57 86,500 10,00) 5 12, 500 I •,coo7' 000 3,000 1,000 25 000 iO,OOO 4,000 1S97 ...... 56 85,00) 12,00) 5 12, 500 7' 000 3,000 1,500 30:000 40,00) 4,000 1898 ...... ------56 86,500 12,00) 5 12, 500 71 000 1,500 00,00) 40,000 4,00) 85,00) 12,000 8 .,, coo 12, coo 1,500 30,000 40,000 4,000 ~~ ~ ~ ~ ~==:: ::::::::::::::::::::::::: =~~~=::: 85600 10,00) 8 20, lXX) I 12, 800 3,00)~:~I 1,500 35,00) 40,00) 4,00) 1901 ...... ·-----.... ------.. SS:IDO 8,00) 8 20, (XX) 12, 800 3,00) 1,500 45,00) 50,00) 4,000 1902 ·------·------·------Dl 67,600 7, lXX) 8 25, oco 12,800 3,0CO 1,500 BO,OCO 40,000 4,000 Miscellaneous supparts.

~ 1 ~1~ ~~~~ ~ ~ ~ ~ ~ ~

Apaches, Comanches, etc ------·------__1== $125,00) $110,0CO $110,00> $100,CXX> $100,CXX> $100,00) Si5,CXX> $50,000 $50,00l Arapahoes and Cheyennes------$2411,000 65,000 90,000 90,000 90,00) 90,00) 90,000 100,0CO 80,000 70,000 Ohi~:pewn:s : t5up2r1or ------••.••• ---·-· -~------. ·------· 6,00) 6,000 7,125 7,125 7,125 7,125 7,125 7,125 7,00) 7,00) Red L:l.ke ...... ------·----- 10,1XXJ 10,000 10,0CO 10,00) 10,0CO 10,00) 10,000 10,000 White Earth ...... ------...... ------...... 10,200 10, OCO 10,0CO 10,0CO 10,0CO 10,00) 10,00) 10, (XX) Turtle Mountain...... ·-·--·------·------13,000 13,00) 13,000 18,00) 13,0CO 13,000 13,000 13,00) -.. 13;OO:Y ----ia; em 6,000 6,00) 6,00) 6,00) 6,00) 6,0CO 5,0CO 5,00) &::~~sli~~===~=~==~=====~::::::: :::~~= =~=~===~::::::::::::::::: ~:~ ~:~ 7,00) 7,00) 7,0CO 7,000 7,000 7,00) 5,00) 5,00) Flathead (Carlos band)------12,000 12,00) 12,0CO 12 00) 1200) 10,00) 10,000 10,00) 8,000 8,000 Do---·------·------10,00) 10,00) 10,000 10:00) 1o:oco 10,00) 10,000 10,00) 8, S,OCO Httal'\pais ------·------...... ------7,5,00) 2ffi,(XX) 225,00) 225,00) 225 000 225 oco Shoshonis and Bannocks------·------13,000 13, 10,000 10:00) 13,00) 13,000 30,00) 30,000 35: 00) 25: 00) 6,000 6, (XX) 6,00) 6,00) 6,00) 6,00) 13,00) 13,0CO 10,00) 13,00) 13,000 13,00) -- ·ia: em· ----13; em 5,00) 5,00) 5,0CO 5,00) 5,000 5,000 5,000 5,00) Kansas------·~1!t~ -~~~!~~======~======~======1~!2,5 18,0CO 15,00) 15,0CO 15,0CO 15,00) 15,000 15,000 15,000 15,00) 3,00) 3,

General incidental ea;penser.

______s_ta_t_e_. ..._, _1_893_. ------,.----~ -1_892_ 1 -+-189_4-_95._ 1~ ~ ~~~ ~~~ ~~ Arizona . --·--- _____ ..... _------____ ...... ------______$20,000 $18,CXX> $1,500 S1,500 $1,500 $1l500 $1,500 $1,500 $1,500 California------..... ------·-· ...... ------...... 3!,000 23,(XX) 21,0Ct> 21.,00> 21,00} 21, 1,000 1,0CO 1, 1,00) Montana------···----...... ------4-,000 3, ()X) 2, 5-10 2, 5CO 2, 500 2, 500 2, 500 8,500 8, 500 Nevada ...... ------...... ---·-· ...... 22,500 19, IX.O 16, 00) 16, ro> 16, m:> 1u, em 16, \Xll u, roJ 12,100 North Dakota ______------______------1,500 1,:')00 1,5(0 1,500 1,500 1,500 1,500 1,500 1,500 New Mexico------5,00) 4,':0CI l,OCO 1,500 1,500 1.500 1,500 1,500 1,500 16,00) 15, :0 12,CCO 12'\000 12,00) 12,00) 12,00) 10,00) 10,lXX) ~fh~-akota ~ ::~::: :-_ ~ ::: ~::: ~: ~ ~ ~ ~ == ~ ::: ~: ~ ~: : ~ ~ ~:: ~ ~ ~ ~: ~ ~~ ~ = 3500 2,5CO 2,i;OO 3, 500 3,500 3,500 3,500 3,500 3,500 Utah -..... ____ ...... ____ ------· _----- ______.... ---·-- s:ooo S,COO 7,COO 7, - 1,000 1,00) 1,00) 1,000 1,000 1:00) ------~-~ Indian schools, s'upport. ALBUQUERQUE SCHOOL.

Act. Year. Amount. 18m------·------...... $60,00).00 1894:.------.... ------· ------50,550.00 1895.-----.... ------.... ------· 43,250.00 $1,075,00) ~Jc~3~8fli3-::: : ::::::::::::: =~=: :::::::::::::::: ====~~:::::: i~ 1,075,00) 1896.------...... ------...... ------...... -..... ------53,100.00 1, 1897 ·---··------...... ------· ...... ------55,00).00 Jun~~~V·ie 10, lb'96sk~~ .. ____~~==~======~~~______~======~======~======1i~ 7 I. 16-!,350 1&)8 ...... ------·------55,300.00 1,235,

BANNING SCHOOL. FORT TOTI'EN SCHOOL. 1893------·---- ____ : ------$12, 5(X). 00 1893------•••• ---· $54, OCX>. 00 1894------12,500.00 1894------· ------41,880.00 18M------=------12, 5(X). 00 1895------·-----·------44,580.00 42,580.00 Total. ______------37,500. 00 1896------1897------44,850.00 1898------48,350.00 BLACKFEET AGE...~CY SCHOOL. 1899------48,350.00 1893------· ------· $12,500.00 1900------55,150.00 1894------12,500. 00 1901.------G2,050.00 1895------12,500. 00 1902------48,350.00 Total .... ______• ______• ______-____ 37,5(X). 00 Total._ .... ______400,440.00

CARLISLE SCllOOL. G~OA SCHOOL. 1893-.------$106,

CARSO~ SCHOOL. GRAND JUNCTION SCHOOL. 1893------$24,

CHAMBEllLAIN SCHOOL. HAMPTO~ SCHOOL. 1897------$25, .00 181!8------20,010.00 1902 ------1899------20,010.00 Total ... ______------______• _____ .-----____ 161,100.00 1900------20,040.00 1901 .. ------20,010.00 CHEROKEE SCHOOL. 1902------20,040.00 $18,560.00 1893.------Total.------______200,400.00 1894.------14,760.00 1895.------17,560.00 23,74'5.00 HAYWARD SCHOOL. 1896 .. ------$00, ,750.00 1895 ------7, MOJAVE SCHOOL. l!XX:l------.------.------$48,550.00 1893-- --··------· $32,500.00 1901 ..... ------34,450.00 26,750.00 1902------33,550. 00 1894------28,050.00 1895------Total. ____ ------______ll6,55Q.OO 1896------27,550.00 1897------29,550.00 1898------43,550.00 MOUNT PLEAS.Al\'T SCHOOL. 1899------31,550.00 1893------$:!5,

}!XX)------$54, 8(X), 00 1901.------$115,527.00 1901 .: ------73, 3Xl. 00 1902 ------106,300.00 1902------67,050.00 Total ...... ___ •••••• ----~------____ ------009,427.00 Total ------•••••••••.•••••• _----- ••••••• -----•••••••••••• __ ••••• 469,125. 00 SANTA FE SCHOOL. PERRIS SCHOOL. 1893------$4..5,000. 00 1893------$15,00).00 1894 ------34,550.00 11)94- -····------22,~.00 1895 ------·------.. ------28,550.00 1895--··------····---··----...• ------~.200.00 1896 ------29,750.00 1!>96------····---·------· ------.---- 22,900.00 1897-----: ... ------40,000.00 1~97 ------·------33,550.00 1 98----.--.... ------62,850.00 1 98------···· ------·------Zl 081.35 1899------50,0CJO.OO 1899------27,550.00 }9(X} ------...... ------57,800.00 19(X) ------27,WO.OO 1901 ...... ------••...• ------69,9(X}.00 1901 •... ------27,550.00 1902------. ------·-· ------.---- 67,300.00 1902------27,050.00 'l:otal ...... ------...... ------•••••••••.•. 4&'5, 750. 00 Total •••••• ------.------.-----••••••• -----.------253,tm.35 SHOSHONE RESERVATIO~ SCHOOL. PHOE..'ITX SCHOOL. 1893.----.... ---.- -~------.... ------...... ------... ---.. ------~.500.00 1893------·------$38,675.00 1894-----.... ------...... ---- ..... ------...... ------24,~75.00 1&'94 ------36,550.00 1895.------22,875.00 1895------30,210.00 1800- .... ------...... ------Z7,500.00 1 96------·------«, 750.00 1897------" ------00,450.00 1897------45,350.00 1 98 ------..... ------26,950.00 1898------·------104,600.00 1899.------.-----... ------.------... 39, 12.). 00 1899------131,200.00 1900-.------. _; __ ------37,125.00 1900 ------112,200.00 1901.------.. ----.... ------.-...... ------35 725 00 1901 ------109,700.00 1902 ... ------·------35:625:00 1902------ll8,00).00 Total.-----·------____ ------.... ------...... 300,800.00 Total ..••. ------••••••• -·------···------771,ZJ5. 00 SCHOOLS IN STATES. PIERRE SCHOOL. 1893------.------$75,000.00 1893------$33,200.00 1894.------·------75,000.00 1894------28,550.00 1895-----.------.------9,246.57 1895------27,550.00 1896------27,5.5:>.00 Total ..•. ----...... ----- ...... ------••..• 15!:!,246.57 1897------28,550.00 1898------27,050.00 SOUTHEfu~ UTE SCHOOL. 1899------·------28,550.00 1900------.------.. ------$25,000.00 1900------.------·------28,550.00 1901 .... ------.------9,600.00 1901.------28,550.00 1902 ------.------9,1590.00 1902.------35,550.00 Total .... ______...... ____ .... ____ ...• _...... ______• ______44,380.00 Total . ------...... : •..•••••••• ------•••••••••. 293,000.00 TOMAH SCHOOL. PIPESTONE. 1893 ------$25,000.00 1893------.------$15, 00>. 00 189! ------.. ------21,770.00 1894------15,020.00 1895------.... ------19,200.00 12,200.00 1896-----.---- ... -.. ------18,9(X}.00 14,225.00 1897------·------19,100.00 1897------i======~==== ----· ------======~====-·-·------======:------======~==== 00,400.00 1S98------35,275.00 1898------.... ------30,400.00 1899------­ 31),275.00 1899------49,075.00 }!XX)------... ------46,550.00 1900------·---··--. ------.------32,550.00 1001.------.------... ------38,725.00 1901 .... ---·------... ------27,5.50. 00 1902.------.. ----.------.------42,175.00 38,550.00 1902 ---.--•• ----•••• ------.------.------Total ...... ______... _.... ______._ .... ______.... . 304,970.00 Total.------254-,990.00 I IUCKBERRY TRijTO~ CANYON SCHOOL. PUYALLUP SCHOOL. 19(X) ••••••••• ------·------$60,00).00 1899------$20,00). 00 1901.------~.675.00 RAPID CITY SCHOOL. 1902------39,550.00 1897------$25,000.00 Total ...... ____ ...... ----. _____ • ______----- ______1 98------.------.--- 31,400.00 ~.225.00 18,400.00 1899 ------.-----··· ------.------O~IEDA SCHOOL. 1900 ------.------•..• ------22,400.00 1901 .------.------18, !XX). OO 1898.------$1,000.00 1902------42,700.00 UMATILLA SCHOOL. 189!.------.--.------;6,000.00 Total .... ------____ ------...... ____ ------•••.•. ------158,800.00 1895------6,000.00

RIVERSIDE SCHOOL. Total ...... ------·-··· ...... ············-··· 12,00).00 1001 ...... •••·•• ----•••·•• •••·•• ...... •·•·••••·• ••···• •••••• •••••• $75,()(X). 00 WABASH SCHOOL. 1902------135,400. 00 1893------·------$10,o-;noo IO,OID.OO Total ...... ----•••••••• ----•••••••••• ------210,400. 00 if-l~: :::::::: :~:::::::::::::::~::=::::::::::::::::: :::::::::::::::::::: 10,0'20.00 RENSSELAER SCHOOL. Total .• _____ ...... ______•••. ____ ------______------______00,000.00 1893------$8,330.00 1894.------8,330.00 INDIAN SCHOOL :MAl.lJFACTURES. 1895 ------8,330. 00 1901 .. ------..... -.------$10,

WTSCONSIN. Green Bay ••...••••...... _.....••...... ___ •.•.•....• __ .•.... ____ S3 La Pointe ------...... •...... 11 WYOMING. Shoshone ...... •...... ------...... ~ UTAH. Uintah ...... --...... ---- 16 Ouray ...... : .. J...... 14 NoTE.-Above are the number of employees at each agency, with the ex­ ception of the Indians employed as police. Be it known that Jackson County, State of Kansas, hereby promises, 'i'otal ...... •..... ------1,500,1XX>. 00 agrees, and pledges itself, by and through the under-aigne1. county commis- The total annual appropriations for the support of Indian schools made by sioners of said county. to keep in repair at its own expense any and all the Government since 1877, will be found on page 39 of the Commissioner's bridges that may be constructed and erected by the General Go•ernment last annual report. over the creeks and streams running through the Pottawatomie Indian Res- Referring to question 6.-The deficiency bills of each year contain small ervation located within said Jackson County, State of Kansas. appropriations for schools which arise in the settlements of accounts, but JOHN C. FRANZ, Chainnan. these as a rule are trivial. H. H. POSTON, W. PARMENTER, Bom·d of County Commissioners of said Number of empl01jees at Indian agencies, 1000. Jackson County, State of Kansas. ARIZO~.A. Dated at Holton, Jackson County, State of Kansas, this 17th day of Decem- Colorado River ...... --····...... 11 ber A. D. 1901. Fort Apache------··· ...... ------...... ------18 Attest: Pima--··························-···········-·······················------13 [SEAL.] J. W. ATWATER\ San Carlos------···········------35 County Cterk. C.ALIFon~-u.. The Clerk, proceeding with the reading of the bill, read as 1 ii~~nv~~J. ===~~ ~~::::~::=:~:::==~~:::=::: :::::: :::::::::=:::::::::::: :: ~~== ~ follows: Round Valley------3 At the Pottawatomie and Great Nemaha Agency, Kans., $1,200.

Southern Ute ..... ------~~-~~~~------10 m~: CURTIS. Mr. Chairman, I offer the following amend-

Fort Hall ... ------~~~-~~------17 The Clerk read the amendment, as follows: Lemhi ...... ------...... ------·------...... 11 In line 12, page 4, strike out the word "two" and insert" five." Nez Perce .. ·------11 :Mr. CURTIS. Mr. Chairman, the word "two" was inserted IowA. by mistake. This item was raised to $1,500 last year and should Sac and Fox ... ------3 be for that amount in this bill. INDIAN TERRITORY. The amendment was agreed to. %:6~~=~::~~=~~~~~====~~====:::~:~==~=--~~==~::::::~::::::::::==~~~::::::::::: ~ The Clerk read as follows: At the Standing Rock Agency, N.Dak., $1.800. KANSAS. Potta.watomie. ---- ____ ...... ------...... ____ ...... ------7 Mr. SHERMAN. Mr. Chairman, I offer the. following amend­ ment: MO~AN.A. Blackfeet Agency •..... ____ ---··· ...... ____ .... ____ ...... __ ...... 28 On line 2, pago 5, insert: Crows ...... ___ ...... ______...... _.....•.. ___ ...... _----· __ . ______34 ·Tongue River Agency, Mont., $1,500." Flathead------.------.. . 16 It was agreed upon by the committee, but by mistake it was Fort B lknap ...... • ------...... _...... _..... _..... _...... Fort Peck.------.... ------...... ______...... ______... . ~ not included in the bill. Tongue River.------...... •...... 8 The amendment was agreed to. MINNESOTA. The Clerk read as follows: Leech Lake .....•...... ••.....•.... ------•.....•..... ------.-----•..... 21 At the White Earth Agency, lllinn., $1,800. White Earth ...... •••.... -·····.------.... ------16 Mr. JONES of Washington. 1\Ir. Chairman, I move to amend, NORTH DAKOTA. after the word" dollars," in line 10, page 5, by inserting the fol­ Devil's Lake ------...... •.....•..... -..... ------•..... ------· ------... ----- 22 Fort Berthold.------•..... ------...... ------...... -----· ...... ____ 'if{ lowing: Standing Rock .••••• ------•••.••.•...• ------...... 45 At the Yakima Agency, Wash., 1,GOO. :NEW MEXICO. Mr. Chairman, Twas very much surprised to finu that the bill Mescalero.------.•.... -...... ------·--.... ------.... ---- 1 omitted the amount for this agency. Of course I understand the Navaho ..... ------.------. .... 18 Pueblo . -----...... ------...... ------...... • ... .. 8 rules relating to secrecy in the consideration of appropriation Jica.rilla...... ___ ...... •..... ----.. --.----...... ----...... ----.... ---. 13 bills. I had received no intimation from the Commissioner of t.'"EVADA. Indian Affairs that an agent was not needed at thi ~ point, and in Western Shoshone .... ------...... ------...... ------10 conversation with some of the officials of the Indian Department · Nevada Agency------·· 6 some time ago that statement was made that the discontinuance :NEW YORK. of OUI' agent was not thought of. Of com·se these officials did not New York Agency------...... ---·------2 speak with authority, but they did speak with knowledge of the NEBRASKA. conditions, and I never dreamed of such action. Omaha and Winnebago ------·····------17 It is fair to the House to say that when the bill was reported I Santee.... -...... ------.------...... 18 consulted the Commissioner of Indian Affairs relating to the OHIO. Yakima Agency, and he said he did not consider an agent neces- Sac and Fox.------...... _...... _..... _----·_ ..... ------.....• 7 sary at this point. He stated that the special agent and inspectors OKLAHOMA. of the Department had reported to him that it would be better to Cheyenne and Arapaho ...... ------········· ...... ___ _ Kiowa. ____ ...... ____ . ______...... ______...... ______... . M have a bonded superintendent of Indian schools in charge of this Os..'l.ge ...... •...... •...... _...... •. _____ ..... _.... . 'l!l reservation. It is but fair al o to say that he stated that it had Ponca...... ____ .. __ ...... _...... ____ . ___ ...... ______...... _____ .... . 16 been the experience of the Department that they got more satis­ Pawnee ...... ____ ••...... ----...... ---- ____ ...... _.... . Otoe. ____ ...... ____ ..... ___ ...... • _.....•...... ii factory service from the bonded superintendents than through Oakland .. ---.•...... ----..... -----...... ----...... ----...... 1 the Indian agents, and it was their policy to abolish the agents as fast as possible. OREGO:N. Grand Ronde ...... •...... •....••...... ------...... 5 I desire to state that there are about 2,000 Indians at the Ya- Klama.th ...... •.....•..... _...... ______.... __ .... ____ --···· 12 kima Agency. There have been 2,700 allotments made to the Siletz ...... _...... __ .... _...... _..... _•.... ______...... ______._ ....• 6 Indians. In the reservation proper there are about a million Umatilla----...... ---- •...... -----_ ...... ------...... ------· Warm Springs ...... _...... ------...... ~ acres .of land. It was found that a mistake in the boundaries had been made, and upon investigation it was ascertained and deter- SOUTH DAKOTA. 34 mined by the Department that about 300,000 acres more of timber ~~~ec~:e~~~~- :_·: ~: :::: ~= :::::: ~~ ~ ~: =~:.-: ~:::: ~:: ~::: :.-:~: =: _- ~ ~~ ~: :: ~==::: ~: 26 and grazing land should be included in the Yakima Reservation. Lower Brule ...... ------...... 16 The Government is endeavoring to make arrangements by which Pine Ridge ...... •..... _.. ____ ...... _.... ------.... ______....•...... •. ___ _ Rosebud ....•.••• ____ •....• ___ •.•• ___ ------.•..••.• ______------·· ••.• ~ it shall secure title to the land and also to the unallotted lands of Sisseton ....•...• ____ ...... ------...... •...• ------•...... 1 the reservation. It seems to me an agent could look after the Yankton ____ ------...... ____ •...... ------.... ------..•....••••..•.....• 28 interests of the Indians much better than a bonded superintendent. WASHINGTO:N. It is fair to say that the Commissioner of Indian Affairs says that Colville ...... •.... _...... •...... __ ...... ____ ... . 25 the bonded superintendent can do and perform the duties of agent Nea.h Bay ..•...•.•...... •..•...... _.... _...... ____ ...... __ ...••...••.. 10 the same as the agent himself. There are other matters in con- 1g nection with these Indians which seems to me make it certain that 13 if any Indians in the country need an agent these Indians do. ~=~ ~ ~ == = = ~ ==: ~ =~ =~ ~ == ~: == ~ ~~: == ~~=~= ::~:: =::~:~:: ==~ ::: ==~: :::: :=:::::: :: 1902. CONGRESSIONAL RECORD-HOUSE. 1991

I presume that about one-half of these Indians are what are Mr. LITTLE. I offer the amendment which I send to the commonly known as blanket Indians. In other words, they have desk. not yet fully adopted the manners, customs, and habits of civilized The Clerk read as follows: people nor of the white men surrounding them. They are within Add after the word "offices," in line ~ the followin~: 4 miles of North Yakima. These Indians give the Government "And to enable said Commissioner to examine and report the feasibility and exped.ienq of educating Indians in schools upon the reservations and in considerable trouble in connection with the sale of whisky and the communities where said Indians reside, and to submit the best plan, in his other intoxicating liquors. An agent could look after these mat­ judgment, to accomplish this end to the next session of Congress." ters better than a bonded superintendent, Furthermore, their Mr. SHERMAN. I desire to reserve a point of order on that land is arid land. Irrigation ditches have been constructed, and amendment. I did not know that the gentleman intended to pre­ are being constructed, for the purpose of irrigating the Indian sent it at this time. lands. 1\Iuch of their lands are leased. Each man, woman, and Mr. LITTLE. I do not think it is subject to a point of order, child has 80 acres. The interests of the women and children must but I have no objection to the gentleman s reserving the point. be looked after. Their lands must be leased and the rents col­ I would like to be heard for a moment. lected. I believe that the interests of the Indians require an agent Mr. Chairman, my purpose in this amendment is in a measure to look after the disposition, handling, and care of the lands, as to carry out the wishes of the Commissioner of Indian Affairs. well as the many other matters that come up in connection with I do not mean that he has recommended this mode of proceeding; them. These are the facts, conditions, and circumstances sur­ but anyone who will read the report of the Commissioner will rounding the Yakima Indian Agency. It seems to me they war­ see that he very earnestly advocates the education, as far as pos­ rant, yes, demand the maintenance and existence of an agent sible, of the Indians upon the reservations and in the communi­ there. I want to say frankly that all I desire is the good of the ties in which they reside. In that expression of opinion I most Indians. I do not profess to know as much about the difference heartily concur. between the requirements that necessitate an agent and those that Now, the only effect this amendment can have is to furnish to nece sitate only a bonded superintendent as the experts of the Cong1·ess at its next session such information and such recom­ Department, nor as much as the Commissioner hiinself. mendations as the Commissioner of Indian Affairs may make. It I do not know what the special requirements are at these differ­ does not bind Congress to any particular line of proceeding. It ent agencies, whe1·e an agent is maintained instead of a bonded simply seeks information upon this subject. I believe that if we superintendent. I do not know wherein they differ from our had more schools on the reservations-more day schools, more in­ agency. I can not conceive of conditions, circumstances, or facts dustrial schools-where the scholars would be brought into con­ connected with the other Indian agencies that would make it tact with the home Indians, this system would ha-ve a decided more important or necessary to maintain an agent at those points tendency to elevate the condition of the Indian tribes. than at the Yakima Agency. If this agency is abolished, I be­ Mr. SHERMAN. Will the gentleman yield a moment? lieve the Government will realize the injury done before the year Mr. LITTLE. Certainly. is past. I hope the committee will not oppose this amendment, Mr. SHERMAN. The amendment, as I understand, contem- and I insist that the amendment should be adopted. plates no additional expense? Mr. SHERMAN. Mr. Chairman, the committee gave consid­ Mr. IJITTLE. None whatever. erable attention to the question of agencies, and after a full hear­ :Mr. SHERMAN. It appropriates no money? ing by the subcommittee at the Indian Office and a consideration Mr. LITTLE. None. of all the facts presented by the Commissioner we found that it Mr. SHERMAN. Does the gentleman, after a careful reading was possible to dispense with five agencies, of which this is one. of the last report of the Commissioner of Indian Affairs, where There are in the neighborhood of 2,000 Indians at this agency and this entire school subject is discussed very fully, think that this in the neighborhood of 200,000 acres of allotted land. amendment is really necessary? The Indians raise their own crops; they do more or less labor Mr. LITTLE. I really do. for others outside of the reservation. They are quite as capable, Mr. SHERMAN. Very well; then I will withdraw my point many of them, of taking care of themselves as any white people of order. in this country. It is the opinion of the Department that the Mr. LITTLE. I feel sure that the adoption of the amendment duties of the agency can be performed by a bonded superintend­ can not work harm in any way. I believe it will give us infor­ ent. and that the interests of the service, instead of being injured. mation that we ought to have; and if there should be any change will be subserved by doing away with the agency at Yakima. in our educational policy upon the reservations, this information I trust therefore the amendment will not prevail. will enable us to make that change intelligently . . The question being taken on the amendment of Mr. Jo:NES of Mr. CANNON. Let us hear the amendment read again. Washington, The amendment was again read. The CHAIRMAN. The ayes appear to have it. Mr. STEPHENS of Texas. I think this should be adopted with­ Mr. SHERMAN. I call for a division. out division. The question being again taken, there were-ayes 8, noes 33. Mr. CANNON. Whyso? So the amendment was rejected. Mr. STEPHENS of Texas. The Secretary of the Interior, in The Clerk read as follows: speaking of the report made by Mr. Jones, Commissioner of For pay of fl agents of Indian affairs at the following-named agencies, at Indian Affairs, adopted the ideas of Mr. Jones that these Indians the rates respectively indicated, namely: should be educated on the reservations, and not sent away to these Mr. SHERMAN. I ask unanimous consent to amend the para­ contract schools. Now, if we are to put that into effect, I know graph just read by m_aking "41," in line 2, page ?, ~ead "42," and of no better way to begin it than by requiring these men sent out making the total m line 12, page 5, $67,300. This IS made neces­ by the Government to investigate Indian affairs to report to Con­ sary by the amendment already adopted. gress the best means of accomplishing that end, if that is the end The CHAIRMAN. Without objection, the amendments pro- to be accomplished. It is the end to be desired, in my judgment, posed by the gentleman from New York will be agreed to. and is very desirable and necessary for the education of the Indian. There was no objection. If that is to be accomplished, we should make a beginning at some The Clerk read as follows: time, and it will not cost the Government one dollar more, and For pay of eight Indian inspec_tors, one of .whom shall '!:>e ~n ep.gineer com­ these Indian inspectors sent out to investigate Indian affairs will petent in the location, constructiOn, and ma.mtenance of Irrigation works~ at $2,500 per annum each, $20,000: Pr(YI;ided, That the Indian inspector locatea in take up this subject in connection with other subjects, and report the Indian TerritoryJ. under the provision of section 27 of the act of Congress to Congress the best means of accomplishing that result. approved June 28, lliu , while assigp.ed to such duty, may be designated as Mr. CANNON. If the gentleman will permit me? commissioner for the Indian Territory:, and shall be allowed for compensa­ tion $3,5GO per annum, together ~th au traveling expenses and $3 per diem 1\Ir. STEPHENS of Texas. Certainly. while on duty and under such asSignment. Mr. CANNON. As I understand it, since 1896 we have not Mr. SHERMAN. I move to amend by striking out the proviso been doing anything else but supporting boarding and day schools just read. It is an error that it was printed here. It was voted on the reservations. As I understand the report of the Commis­ down in the committee. sioner of Indian Affairs, there is now substantially on the various Mr. LITTLE. That is right. reservations industi·ial and day schools sufficient to accomodate The motion of Mr. SHERMAN was agreed to. the whole number of children of school age. Now, it has gone The Clerk read as follows: beyond the era of investigation. We have had investigation for For contingencies of the Indian :;;ervice, including traveli.J?.g ~nd incideD:tal eight or ten or twelve years past, as I understand it-nothing expenses of Indian agen1:.'3 and of thell' offices, and of the CoJ?1lillSSloner of Indian else but investigation-and that investigation has ripened into a Affairs; also traveling and incidental. expenses of 5 SPCloyed on dutym the field, exclUSive of ~nsporlation and sleeping-car fare, m lieu of _all other expenses now authoriZed by Ia:w; millions of dollars-on school facilities sufficient for the purpose, and expenses of going to and gomg ~·olll: the seat of government, and wJ;rlle run by the Government, to care for the children. Am I right remaining there under orders and direction of the Secretary of the Inten~r, about that? for a period not to exceed twenty days; ~or pay of emp}oyees not otherWlSe provided for, and for pay of the 5 specml agents, at $2,0l> per annum each, Mr. SHERMAN. The gentleman in the main is correct, but sw,ooo. the purpose of this amendment, as I understand it, is to draw a. 1992 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 20, distinction between the nonreservation and the reservation schools. be of great good and of much advantage, not merely to the mem­ There ar.e ge~tlemen who conte~d that equally good results are bers of the House, but to the members of the committee who are ' not obtamed m the nonreservation schools. I think the gentle­ charged with the duties of framing legislation for the Indian man from Texas [Mr. STEPHENS] is in en-or in assuming that the school service. I hope the amendment will be adopted. report of the Commissioner maintains that efficient work is not The CHAIRMAN. The question is on the amendment offered obtain~d in the nonreservation schools. On the contrary, as I by the gentleman from Arkansas [Mr. LITTLE]. read his report, he expressly commends nonreservation schools The amendment was agreed to. and says that the work they are doing is most beneficent and effi~ The Clerk read as follows: cient work, describes what that education is, and tells why in his To .enable the S~cretaz:y. of the Interior to employ practical farmers and judgm~nt, that ed~cation produces res~ts that can not be pro­ practical s~km... en m addition to the agency farmers now employed, at wages not exc~g $•5 each per ~onth, to superintend and direct farznil?._g: and duced ~ a ~eservat10n sc~O?l pure _and srmp~e. I think the gen­ stock ralSIDg among such Indians as are making effort for self-support, $75,000. tleman Is m en-or. I dislike to diSagree With my friend from Arkansas [Mr. LITTLE], but, I think, in the last report of the Mr. CANNON. Mr. Chairman, I want to reserve a point of Commissioner of Indian Affairs this entire subject is discussed as order ·to ask a question. fully ~d all of the conditions are set forth as clearly as it would . I see here the item, wages of farmers, not exceeding $75. I be­ be posSible to set them forth after another examination. lieve heretofore the amount has been $65. Mr. LITTLE. Mr. Chairman, if the gentleman will permit me, Mr. SHERMAN. Heretofore it has been that. I think I can I do not want the purpose of the amendment that I offer misun­ explain that to the satisfaction of the gentleman. Heretofore the wage of these farmers ha-s been $65, as the gentleman states. derstood.. ~e have the ;recom'IIl:endation in. a ~eneral way from the ComSloner of IndianA:ffarrs. The prmCipal object of this There are. altoge~her about 100 of ~he:se farmers employed. It amendment is to give us more detailed information as to the con­ has been rmpoSSlble for the CoiDIDlsSloner at all times to find dition of the reservation, with a view that we may take additional farmers who would fill these positions in certain parts of the steps in education at and near their homes. Now, do not under­ country at the maximum rate of 65. In other parts of the conn­ stand me to say that good results are not accomplished by non­ ~ he suc~eded in procuring them at $25 a month. There was reservation schools; but I think they have gone far enough as ~ tim:e durmg the last fiscal year when there were 23 vacancies you will find in the report of the Commissioner-! do not hapPen m this force. by reason. of the fact that the Secretary was tmable to have it before me-where he says things that rather concur to find effiCient, practical, useful farmers to fill those positions with me, that these nonreservation schools, in a large measure who would take them and perform the service for 65 a month and for that rea-son we have increased the maximum to 75 ~ ~ave not pr. ervation to the nonreservation school, he uses this language: Mr. CANNON. Mr. Chairman, I move to 'strike out the last word, for the purpose of asking a question. What is this money Here he r emains until his education is finished, when he is returned to his home-which by contrast must seem squalid indeed-to the parents whom to be reimbursed from, and how? his education must make it difficult to honor, and left to make his way Mr. SHERMAN. It is to be reimbursed under the provisions against the itp1orance and bigotry of his tribe. Is it any wonder he fails? of the act referred to therein, which is an act to confinn the Is i~ surprisrng if he lapses into barbarism? Not having earned his educa­ tion, it is not appreciated; having made no sacrifice to obtain it, it is not Chippewa treaty, and the money arises from the sale of timber valued. It is looked upon as a right and not as a privilege. It is accepted as and timber lands. Up to the present time there has been received a favor to the Government and not to the recipient; and the almost inevita­ from this source about $1,400,000 and there has been disbursed ble tendency is to encourage dependence, foster -pride, and create a spirit of arrogance and selfishness. The testimony on this point of those closely con­ about $2,800,000, which is about twice as much as received. The nected with the Indian employees of the service would, it is believed, be in­ act confirming the treaty provides in section 7: teresting. .That all mop~y a.ccr~g from the disposal of said lands in conformity With. the proVlSlons of ~.act shall after deducting all the expenses of With that language incorporated in the report of the Commis­ making the census, of obtammg the cess1on and relinquishment, of making sioner, I believe that every member of this House should be anx­ the removal and allotments, and of completing the surveys and appraisals ious to secure that information. It can do no harm, and it may in this act provided, be pla-ced in the Treasury of the United States to the 1902. CONGRESSIONAL RECORD- HOUSE. 1993 credlt of a.U the Chippewa. Indians in the State of Minnesota. as a. permanent The Clerk read as follows: fund, which shall dra.w interest a.t the rate of 5 per cent per ann~ payable annually for the period of fifty years\ after the allotments provided for in CREEKS. this act have been made, and which mterest and permanent fund shall be That the Secretary of the Treasury is hereby authorized and directed to expended for the benefit of said Indians in manner following: place upon the books of the Treasury to 'the credit of the Musco~ee or Creek One-half of said interest shall, durin~ the said period of fifty years, except tribes the sum of $999,368, being in full for the permanent annmties guaran­ in the cases hereinafter otherwise proVIded, be annuallypaid in cash in equal teed them by the treaties of August 7,1700, June 16,1800, June U.1826, August shares to the heads of families and guardians of orphan minors for their use; 7, 1856, and June 14, 1866, to be added to the Creek general fund already to the and one-fourth of said interest shall, during the same period and with the credit of said nation, and to draw interest a.t 5 per cent per annum until like exception, be annually paid in cash in equal shares per ca_llita to all other drawn out of the Treasury for the Plll'JlOS6 named in the agreement with classes of said Indians; and the remaining one-fourth of said interest shall, the Muscogee or Creek tribe of Indians ratified by act of March 1, 1001. during the said period of fifty years, under the direction of the Secretary of the Interior, be devoted exclusively to the establishment and maintenance Mr. CANNON. Mr. Chairman, I will reserve a point of order of a. system of free schools among said Indians, in their midst and for their on that paragraph for the purpose of asking a question. benefit; and at the expiration of the said fifty years the said_permanent fund shall be divided and paid to all of said Chippewa Indians and their issue then Mr. SHERMAN. I think I can explain it before the question living, in cash, in equal shares: is asked, as I think I anticipate the question. Under the several Provided, That Congre88 may, in its discretion, from time to time, during treaties there are many items of payments that we must make to the said period of fifty years, appropriate, for the purpose of promoting civ­ ilization and self-support among the said Indians, a portion of said principal this tribe, and it has been thought wise, and recommended by sum, not exceeding 5 per cent thereof. The United States shall, for the the Department, that instead of appropriating year after year, as benefit of said India.ns, advance to them as such interest as aforesaid the sum we have been doing, these funds, we should capitalize the fund of $90, annually, counting from the time when the removal and allotments provided for in this act shall have been made until such time as said perma­ upon the basis of 5 per cent, the amount of these several obliga­ nent fund, exclusive of the deductions hereinbefore provided for, shall equal tions amounting to not quite $50,000 a year, and put this money or exceed the sum of $3,,, less any actual interest that may in the mean­ in the Treasury, pay them 5 per cent annually, and hereafter there timeaccrue from accumulations of said permanent fund; the payments of such interest to be made yearly in advance, and, in the discretion of the Secretary will be no provision in the appropriation bill under the treaties for of the Interior, may, as to three-fourths thereof, during the first five ~ears the Creeks. be expended in procuring live stock, teams, farming implements, and seed It is simply a question whether we shall continue to pay item for such of the Indians to the extent of their shares as are fit and desire to engage in farming, but as to the rest, in cash; and whenever said permanent by item $50,000 each year, or capitalize it and put it into the fund shall exceed the sum of $3,000,000 the United States shall be fully r eim­ Treasury now and have the interest paid out to them every year bursed out of such excess for all the advances of interest made as herein under the provision of the several treaties. contemplated and other expenses hereunder. Mr. CANNON. Does the gentleman know the amount of the So that it amounts to this: up to the present time they have general fund? been pai

The CHAIRMAN. The gentleman from New York asks unani­ :Mr. CANNON. l'rir. Chairman, I desiJ.·e to reserve a point of mous consent that the paragraph just read be passed until the end order on this pa1·agraph. In the first place, let me ask how many of the bill is reached, and then return to it. Is there objection? of these Indians are there? There was no objection. Mr. SHERMAN: Between two and thl'ee hundred. The Clerk read as follows: 1rir. CANNON. What is the necessity for purchasing land for For payment per capita, under the direction of the Secretary of the Inte­ them? rior, to certain Oreek Indians, or their heirs, who removed themselves from :Mr. SHERMAN. I explained that matter briefly in a few re­ east of the Mississippi River to the Creek Nation, in the Indian Territory, and subsisted themselves for one year, in accordance with the twelfth arti­ marks I made before this bill was taken up. I believe the gentle­ cle of the treaty with the Creek Nation, :x>roclaimed April4, 1Ba2, a.s exhibited man was not in the House at the time. in Senate Executive Document N o.198, Fiftieth Congress, first session, $12,220, Mr. CANNON. I was not. to be immediately available. Mr. SHERMAN. These Indians have lived for many genera­ Mr. CANNON. Mr. Chairman, I desire to make a point of or­ tions upon property which is known as Warners Ranch, in south­ der beginning at line 21 to the close of the paragraph. I think on ern California. Litigation which has covered a period of some examination-- years has been finally determined in the appellate court adversely Mr. CURTIS. I think, Mr. Chairman, the item is subject to a to the Indians, in favor of a man whose name I do not recall, who, point of order, but as it was the last of the claims of that kind as the decision held, owns the fee to the ranch. This decision against the Government, and as we had entered into a tl'eaty with was made some months ago, and the owner of the land was about the Indians looking to the settlement of the affaiJ.·s of said tribe to eject the Indians; but he was prevailed upon to permit them as soon as possible, the committee thought it best to put this item to stay there by sufferance until Cong1·ess took some action. in the bill at this time. I desiJ.·e to have read as a part of my re­ The Indian Commissioner in his report, on page 114 and subse­ marks a letter from the chief of the tribe in regard to this item. quent pages, goes quite fully into a discussion of this matter. The Clerk read as follows: An inspector who has been detailed to investigate has mp.de a WASHINGTON, D. C., F ebntal'Y 19, 1902. special report, which is embra·ced in House Document 119 df the Sm: I notice an item in the pending Indian appropriation bill providing for present session of Congress. In that document the inspector re­ the reimbursement of certain Creek Indians, as per treaty stipulations, for ports that there is no available public land in southern California which on behalf of said Indans, I beg to thank you and your honorable com­ mittee. That item is just, and I trust it may be :permitted to remain in the where these Indians could be located. Whatever public land re­ blll. The Indians for whom this appropriation IS intended removed them­ mains in that part of the country is barren, rugged, unpl'oductive. selves from east of the Mississippi and subsisted themselves for one year there­ The Indians could not subsist upon it. after, and they are the last of all so removed who have not been r eimbursed. All o1hel'!'l have b~n paiq according to treaty st!p~ations\~nd i~ is but com­ The inspector further reports that it would be very expensive mon justice and fau· dealing to treat these remammg few llKeWise. to move these Indians fl'Om California to some other part of the Should the legality of justice of this item be called in question by mem­ United States where we have land. Besides, they have lived for bers of the House, I trust you will refer them to the Creek treaty of 1&32, and the reports of the honorable Secretary of the Interior and Commissioner of In­ generations in that climate and in those environments, and it dian Affairs, of date June 19 and 20,1888, as printed in Senate Executi>e Docu­ would he a very great damage to them to attempt to remove ment 19o, first session Fiftieth Congress. These reports and the treaty show them. He reports upon several proposed new locations for the that the claim is just and ought to be paid. I hope, therefore, that Congress will make the appropriation\ so as to enable us poor orphans to start even Indians. His report covers offers from eight or ten owners of with onr white bi·others in tne race of life. land at various prices; and this unquestionably is the most ad­ Very respectfully, P. PORTER, vantageous offer that the Government has 1·eceived. There is no Principal Chief Cherokee Nation. Hon. JAMES S. SHERMAN, question that this is pm·ely and simply a gratuity, but these In­ Chainnan Indian Cornmittee, House of Rept·esentatives. dians must receive help from the Government or they will abso­ lutely starve to death. It has seemed to us that this is the most Mr. GANNON. I will say to my friend that I have examined feasible and economical way in which to dispose of the matter. the document referred to. If we have to give gifts, I think it is Mr. CANNON. The litigation is now ended? well to give them where needed, to the wards of the nation, as Mr. SHERMAN. Yes. we do here in these miscellaneous items by wholesale. Taking :Mr. CANNON. The question has gone to the court of last into consideration the condition of the Creeks and the civilized resort? tribes, they_are very well off-much b_etter o~ than the average Mr. SHERMAN. Yes. white man IS from a property standpomt-taking the average all :Mr. CANNON. And the Indians are to be ejected? over the United States. Mr. SHERMAN. They are to be ejected. After an examination of this document I have no hesitation in Mr. CANNON. Are they to be removed down onto arid lands? saying that t~e provision h? s~bject t? a point of order,.and as Mr. SHERMAN. . Oh, no. The report sets out how much of this is a continmng appropnation, datmg back to 1836, wh1ch was the land is timber land, how much has water on it, and how much available up to 1 2 under the treaty, in pursuance of which these has been cultivated. It would appear from the report that these amounts were paid, it seems to me that this legislation ought not 2,500 acres are reasonably worth all that is asked for them­ to be had. $70,000. Thirty thousand dollars is to defray the expenses of Mr. CURTIS. They have aU been paid except this bunch of moving them and for temporary subsistence. claimants. The provision is no doubt subject to a point of order. Mr. CANNON. Then the gentleman is of opinion that this We provided in 1901 that this claim and other claims of this class gratuity will end the matter. In other words, that we are not to of the Creek Indians should be referred to the Senate as referees; enter upon irrigation and all that sort of thing. but as I have remaTked, we inserted this provision in this bill Mr. SHERMAN. Oh,no; these Indians have been self-support­ bec~use it was represented to the committee that this was the last ing. We have never given them anything. They have supported claim of this class. themselves for generations, and it may be that fol' one more year we Mr. CANNON. Well, upon this document, to which the gen­ might be asked to appropriate a very small sum to help them out, tleman refers, no Senate and no auditing officer, in my judgment, but even that I question. I am perfectly clear in my own mind would ever pass a cent of these claims. that after twelve or twenty-four months they will be self­ The CHAIRMAN. Does the gentleman from Illinois withdraw sustaining, the same as they have been heretofore. his point of order? . The Clerk read, as follows: Mr. CANNON. No, s1r. For the PUl'J?Ose of removing intruders and placing allottees in unre­ :Mr. CURTIS. The provision is undoubtedly subject to a point stricted posseSSlan of their allotments, to be ex:Pended under the direction o! the Secretary of the Interior and to be immediately available, $15,00l; in all, of order. . SllO,: Pr01Jided, however, That it shall hereafter be unlawful to remo>e or The CHAIRMAN. The Chair sustains the point of order. deport any person from the Indian Territory who is in lawful po ssion of The Clerk read as follows: any lots or parcels of land in any town or city in the Indian T l1rritory which has been designated as a town site under existing laws and u ·eaties, and no For the support and civilization of the Mission Indians in .California, part of this appropriation shall be used for the deportation or r emo>al of SlOO,OOO to be immediately availabl~: Provided, Tha~ out of sa1d sum ~e any person from Indian Territory:· Provided, That the just and r easonable Sec1•atary of the Interim• be, and ~e IS ~ereby 1 authonzed to purchase 3: s~t­ share of each member of the Chickasaw, Choctaw, Croek and Cher okee na­ able tract of land in southern C:l.liforma and to locate thereon such Mission tions of Indians in the lands belonging to the said tribes, which each member Indians heretofore residing m: belonging on the Rancho San Jose <_lel. Valla, is entitled to hold in his possession until allotments are made, as provided in or 'Va.rners Ranch , in Sa.n D1e~o County, Cal. and such other MISSwn In­ dians as may not be provided With lands elsewhere, a.s the Secretary of the the act entitled "An act for the protection of the people of the Indian Terri­ tory and for other p~ses," approved June 28, 18'J8, be and the same is Interior may see fit to locate thereon. And the Secretary of the Interior hereby, declared to be 320 acres for each member of the Chlclm.saw Nation, may at any time, in his discretion, cause the land so purchas~4 to be allotted 320 acres for each member of the Choctaw Nation, 100 acres for each member in severalty to the Indians located th~reon, under the proVISions of ~e act of Congress entitled "An act to proVIde for the allotment of land m sev­ of the Creek Nation, and 1.20 acres for ea{!h member of the Oherokee Nation. eralty to Indians on the various reservations and to extend the protection Mr. CURTIS. Mr. Chairman. of the laws of the United States and Territories over the Indians and for The CHAIRMAN. The gentleman from Kansas. other purposesl-" approved February 8, 1887, in such quantities and to such cla ~es as he may deem expedient: P1·ovided fu?-ther, That of said amount a Mr. CURTIS. I offer the following amendment: In line 16, sum not exceeding $00,000 may be expended, :under. the directio~ of the Sec­ after the words" one hundred," add the word" sixty," making it retary of the Interior in the removal of said Indians to the said tract, and read" 160 acres." in the purchase of such building materia~, agricultural impl~ments, harness, sub istence supp~es , and ott.er necessa:nes as may be reqmred to properly Mr. LITTLE. I would suggest that was the agreement of the establish the Indians at therr new location. committee. It is a misprint in the bill. 1902. CONGRESSIONAL RECORD-HOUSE. J995

Mr. CURTIS.· Yes; it was left out by mistake. The Clerk read as follows: The CHAIRMAN. The Clerk will report the amendment. Amend by adding after line 7, on page 39, the following: The Clerk read as follows; "To enable the Secretary of the Interior to remove certain Indians now residing in the vicinity of Missouri and Wenatchee, in the State of Washing­ ~line 16, on page 37, after the words "one hundred" insert the word ton, known as Wenatc~t to the Colville Indian Reservation, and to properly "su::ty;" so as to read "160 acres." establish and temporarily maintain them, the sum of $12 !XX) or so much Mr. CURTIS. Also the following amendment: In line 17, after thereof as may be necessary, to be immediately available."' ' the words " one hundred," I move to strike out the word " twenty " Mr. SHERMAN. Mr. Chairman I desire to reserve a point of making it read " 100 acres." That was the agreement of the co~­ order, but will not absolutely make it until the gentleman has an mittee. opportunity to make an explanation of his amendment. The CHAIRMAN. The question is on agreeing to the amend­ Mr. JONES of Washington. Mr. Chairman, there are82 fami­ ments offered by the gentleman from Kansas. lies of these Indians, consisting of 166 persons, according to the The amendments were agreed to. report of the special agent who has investigated their condition. Mr. SHERMAN. I offer the following amendment to correct They are located on the Wenache and Columbia rivers, in the a typographical error. ' north central part of the State of Washington in a dry arid re­ The Clerk read as follbws: gion. Quite a number of these Indians have settled upo~ Govern­ ment lands and some of them have proven up. Others have not. On page 36, in line 23, strike out "ten" and insert in lieu thereof "sixty·" so as to read "$160,. ' ~he lands u~n w~ch; th~y have settled, however, are of -very little value Without rrngation, and a great many of them are in­ :Mr. SHERMAN. It simply corrects the total. capable of being irrigated; so that these Indians are upon lands The CHAIRMAN. The question is on agreeing to the amend- that are almost wholly unproductive. ment offered by the gentleman from New York. The amendment was agreed to. I have here ~he letter of the Commissioner of Indian Affairs to the Secretary of the Interior., whi~h was transmitted to Congress The Clerk read as follows: about the 20th of January, m which he sets out the condition of That the Secretary of the Interior be and he is hereby authorized to cause to be assembled at the city of St.Louis,m1 the State of Missouri1 at such time these Indians and very urgently recommends this appropriation. and for such_ ~riod as he may desi~te, and as a part of the Louisiana Pur­ In fact, he was so urgent in the matter that he recommended that chase E:x:poSltion, to be held at the City of St. Louis, in the State of Missouri it be submitted by a separate bill, in the hope that it would be pursuant of an act of Congress entitled "An act to provide for celebratini the one. hundredth anniversary of the purchase of the Louisiana territory by gotten through before it could be made available in the Indian the Uruted States by holdinfi," an international exhibit of arts, manufacture appropriation bill. I think, however if we can get it on this bill ~nd the produ~ of t~e so mine, forest, and sea in the city of St. Louis: we will probably have the money available more quickly than by ~the State ~f 1tb~ur1," approved March 3,190l,such representatives of the a separate bill. · diffe~·ent Indian tnbes and su~h exhibits from Indian agencies, schools, and archives as he may deem adVISable or necessary to illustrate the past and The statement of the Commissioner is that the condition of present conditions of the Indians and the Indian tribes of the United States these Indians at the pr~sent time is depl~rable. They are poor, and pro~ess made by such in education, art, and industry, and the methods 9f educatiOn and government, and such other matters and thin&"s as will fully unclothed, and, as I said, can make nothing off of their farms illustrate Indian advancement in civilization, the details of which shall be in and it is a matter of absolute necessity to make some provisio~ the discr~tion of the Secretary of the Interior. And for the purposes of for their future sustenance. carrying into eft'ect this provision, the sum of 4D,, or so much thereof as may be. necessary, ?-a hereby appropriated out of money in the Treasury not Now, the object is to transfer these Indians from where they 9therW1Se appt:oprmted; b'!lt the Secretary of the Interior is hereby prohib­ now are onto the Colville Indian Reservation. The securing of Ited from making, or causm{f to be made, any expenditure or creating any the lands for the Indians will not cost the Government a cent. liapility on behalf of the Uruted States in excess of the SlUil hereby appro­ pnated. The lands of this reservation were set aside by Executive order in 1872 for the benefit of the. Colville Indians and " such other Indi­ :Mr. CANNON. I make a point of order on that paragraph. ans as the Government might see fit to place there.'' According It covers new legislation, and is therefore not in order on the bill· to the report of the special agent, these Indians are willing to second, if it were in order, it does not belong to this bill. ' remove to the Colville Indian Reservation. They can get good The CHAIRMAN. Does the gentleman from New York care lands there that they can farm, and in that way sustain them­ to discuss the point of order? · selves. Mr. SHERMAN. I do not care to discus!) the point of order. Of course what is proposed is antagonistic to the rule; there is no I agree with the statement of the Commissioner in his letter question about that; but the appropriation is the same as made that it is the policy of the Department to make the Indians sup~ for other expositions. It is appropriated on the same bill as was port themselves as much as possible; that it is the policy of the the money for the exposition at Omaha, for the exposition at Chi­ Department not to render assistance to Indians except where it is cago, and, if my memory is correct, also at Nashville. Of course absolutely necessary. In this case it seems that it is absolutely I concede that the point of order is well taken if the gentleman necessary that the Government should render some assistance to insists upon it. these Indians by transferrin~ them .from the la!lds they now occupy to lands upon the Colville Indian Reservation. It is nec­ . ~· CANNO~. It seems to me that we better keep the expo­ essary, of course, that some amount should be provided for the mtions free of this and under one set of appropriations, in one bill, purchasing of tools and implements. t~ be used upon the farms, so that we may know where we are at. and a small amount, as the CommiSsioner says here for their Mr. SHERMAN. If the gentleman will permit me to ask this sustenance for about six months. ' question: The purpose of his point of order, then, is to strike the :provision from this bill? does not indicate that the gentleman In addition to. the report of the special agent, the Department. It ordered the Indian agent of the Colville Indian Reservation to go 1S opposed to the general proposition of appropriating for this purpose at the St. Louis Exposition, or does the gentleman prefer down and look into the condition of these Indians. He did that not to answer that question? and reported their condition, as the Commissioner says, to be de~ Mr. CANNON. I have no objection to answering it. I am plorable; that they are poor, that they need some assistance and perfectly willing, on full consideration, taking into view th6 he also made careful detailed estimates as to what would b~ ab­ legislation that has been had and the necessities of the exposition soh~tely necessary fo~ the care, encouragement, and aid of these and seeing how much it is going to cost in addition to what w~ lndiailS for the first su: months. That estimate was a little over are already committed to, I am perfectly willing, with other $15,000. The. Commissioner has gone over it carefully, and has members of the House, to consider it. Just how much sense cut out such 1tems as he thought could be dispensed with and he there is in exhibiting the progress in civilization of the Indian I says fl.e- belieyes if they a~e removed fr?m where they ar~ to the do not know. How far it might be a drawing card to help the Colville Indian Reservation and sust·::uned for six months they gate receipts would be another question. can then care for themselves and he urges that this be don~ He Mr. SHERMAN. It would draw all right. believes that $12,000 is sufficient for this purpose. · Mr. CANNON. I really have no antagonism to this provision It seems to me that this provision ought to be placed in this bill but I think that all the expeditures ought to be considered to~ here. It does not require any expenditure upon the part of the gether as a whole; that is all. ... Government for the purchase of land upon which to locate these Mr. SHERMAN. I am glad to know that is the position of the Indians, but it simply provides for the removal of the Indians and gentleman. for their sustenance for about six months. From what I know of The CHAIRMAN. Does the Chair understand that the gen- the country there I am satisfied that the Commissioner is right tleman insists on the point of order? T)le Govern.me~t will be put to no .further expense for these In~ Mr. CANNON. Yes. dians. They will care for and mamtain themselves. The Com­ The CHAIRMAN. The'point of order is sustained. missioner says this money ought to be made available at once so The Clerk read as follows: as to be used before the crop season opens up this year. This should be done. They should be placed on this reservation in For pay of physician, New York agency,~600. time to erect their houses and plant their crops for that year. I Mr. JONES of Washington, Mr. Chairman,Ioffertheamend­ trust the point of order will not be insisted upon and hope thi& ment which I send to the Clerk's desk. amendment will be adopted. ' 1996 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 20,

Mr. SHERMAN. I desire to ask the gentleman about two their condition is indeed unfortunate and deplorable, and he earnestly urges the necessity of removing them from their present location at the earliest­ questions. I understand from your remarks that it is not neces­ practicable date, and expresses the hope that Congress, through the efforts sary for us to purchase any land. That this is purely an Executive of this Department, may be induced to make a. sufficient appropriation to ac­ order reservation to which the Indians are to be removed, and that complish that end. The list of articles needed in the event of removal, submitted by Agent they have the right to put them there. Anderson, has been carefully examined, and it is deemed proper to state that :Mr. JONES of Washington, That is correct. the estimate for subsistence supplies is very conservative. Some of the Mr. SHERMAN. And, further, that after they are there and other articles named, however, It is believed the Indians could get along without, while as to others it is thought they can be purchased at a smaller have a little bit of a start it will not thereafter be necessary for us cost than indicated in the agent's estimate. Again, the agent assumes that to appropriate anything for their assistance. all of the Indians will remove, and his estimates are on the basis of !S2 fa.mi· Mr. JONES of Washington. That is my judgment, and that is lies. The latter number is considered to be rather large, and it is also doubt­ ful whether all the Wenatchi will remove. If they do, the office feels that the judgment of the Department. some of them who hold lands at present of considerable value where they are Mr. SHERMAN. Iwithdrawthepointof order, Mr. Chairman. should be required to dispose of the same and use the J,>roceeds in establish· The CHAIRMAN. The question is on agreeing to the amend­ ing themselves on the Colville Reservation. The office IS opposed to helping Indians where they can help themselves. ment. As a general proposition this office has for a number of years been opposed The question was taken; and the amendment was agreed to. to the further colonization of Indians upon reservations, believing that they Mr. JONES of Washington. Mr. Chairman,. I ask unanimous will more successfully and satisfactorily work out the problem of the:r civili­ zation intermingled with the whites on the public domain. It is felt, how­ consent to have printed with my remarks a letter from the Com­ ever, that the case of the Wenatchi is an exceptional one, and that their fu­ missioner relating to this matter. ture welfare depends upon their being located somewhere upon lands where There was no objection. they can make homes for them..c;;elvda and procure the means of livelihood. This apparently, they will never w :...:·ae to do where they now r eside. The letter is as follows: Another feature of their case is the fact that the local authoritie in the DEP.ARTMENT OF THE INTERIOR, vicinity of Wenatchi and Mission· are unable or disinclined to prohibit the OFFICE OF INDIAN AF1i' AIRS, sale of intoxicating drinks to these Indians, and their condition in this par­ Washington, January 11, 19()2. ticular is becoming daily moredeplora.ble. On the Colville Reservation it would The SECRETARY OF THE INTERIOR. be difficult to procure liquor, and, be3ides, they would be under the care of the Indian agent, whose duty it would be to prevent the sale of liquor to Srn: The office has the honor to invite your attention to the matter of se­ them. curing an appropriation from Congress for the purpose of aefraying the ex­ The Colville ReservatioiJ was set aside by Executive order dated April 9, penses of l'emovmg the Wenatchi Indians from their present location on the 1872. for the use of certain tribes of Indians therein named and "such other public domain in the vicinity of Mission and Wenatchee, Wash., to the Col­ lndia:J.S as the Department of the Interior may see fit to locate thereon." ville Reservation in said State, and for the purpose of establishing them Should the proposed appropriation ba made the Department could therefore thereon and subsisting them for a. short period. authorize the removal of these Indians to that reservation. The deplorable condition of this band of Indians has been frequently While it is believed that the estimate of Agent Anderson is not excessive, brought to the attention of this office during recent years1 and in January, and that all of the money could be used to good advantage in establishing 1~, Special Allotting Agent W. E. Casson was sent among them for the pur­ the Wenatchi on the Colville Re erve, it is thought that by the exercise of pose of assisting them in their land matters and to make additional allot­ reasonable economy $12,plia.nces, and purchase of water rights on Indian reservations, in on the reservation if a. majority of the band were to be remo\ed, and the the discretion of the Secretary of the Interior and subject to his control, matter of effecting the removal1ast year was therefore abandoned. Under $150,

The Clerk read as follows: tleman will withdraw his point of order and move to strike out To enable the Secretary of the Interior to begin the preliminary work in the appropriation, I shall be content with whatever result the the construction of a. reservoir on the Gila River in the Territory of Arizona~ vote on that motion discloses. at a. favorable point near the San Carlos Indian Agency,1 for storing the fl.ooa­ wa.ters of said river, said water to be used for the benefit of the Indians on Mr. Chairman, these Indians to be benefited by this item are the Gila. River and such others as may be allotted land there, the excess of not savages in the sense that the Apache is a savage. They have waters to be used for r eclaiming vacant public lands and supplying present climbed a rung or two upward and their further elevation is not appropriated water rights. The Secretary of the Interior is also authorized to acquire and prepare the dam site, and do such detailed work as mar be hopeless. Something can be made of them by giving them a necessary for preparing specification for advertising for bids for the vanous chance to work. Withholding this chance they must starve or classes of work connected with the construction of the dam and its appur­ tenances, and to prepare plans and estimates of cost of construction (with steal. It is with you. The small advance they have made you Indian labor, 80 far as the same can be profitably used), and designate the are not only stopping, but are in cold blood relegating them to a vacant :public lands which can be irrigated from the stored water of said condition of enforced savagery and necessary lawlessness. They reservorr; the sum of S.'iO,OOJ is hereby appropriated, or 80 much thereof as may be necessary. The Secretary shall report fully at the next session of have lived on these lands for several hundred years. Congress as to the details herein enumerated as to the cost and benefits of There is no place to send them. They can not support them­ said WO!ks and of bids received for the construction and completion of said selves on this land, and there remains no better land to give reservorr. them. What are they to do, and what are you doing? Not Mr. CANNON. Mr. Chairman, on that paragraph I desire to being able to move them, and they being unable to move them­ make the point of order. It is not work authorized by existing selves; not willing to give them without cost all that is necessary law. for their support, and they unable of themselves otherwise to Mr. SMITH of Arizona. The gentleman, I trust, will reserve get it, the case becomes pathetic, and your action may furnish the point of order. you what consolation it can. I have not been an Indian senti­ Mr. CANNON. Yes; I will reserve the point of order. mentalist, but I am possessed of an ordinary share of human Mr. SHERMAN. Mr. Chairman, the day before yesterday the sympathy. gentleman from Arizona by unanimous consent was given thirty Mr. Chairman, I repeat we can without one cent of cost to the minutes to discuss this provision. Government supply these Indians with water and prevent for all The CHAIRMAN. Does the gentleman from lllinois wish to time any possible demand on the Treasury for their support. Not discuss the point of order? only this, we can gather similar tribes of peaceful and willing Mr. SMITH of Arizona. He reserves the point of order, and I Indians there and supply them all from this great reservoir, and have thirty minutes. thus reduce your annual appropriations for the support of Ari­ The CHAIRMAN. The gentleman from lllinois reserves the zona Indians, and after all this is done more than 100,000 acres point of order? of new land, at a cost of less than $10 an acre, can be reclaimed, Mr. CANNON. Yes. and all the water rights under the Florence Canal maintained at The CHAIRMAN. According to previous arrangement the necessary flow and the United States not lose a dollar, but, on the gentleman from Arizona is recognized for thirty minutes. contrary, place in her Treasury an amount of cash exceeding her Mr. SMITH of Arizona. Mr. Chairman, I see the gentleman original outlay by several millions of dollars. What is the mat­ who has reserved the point of order is retiring. ter? Is it possible that a man can be fo~d to oppose such a be­ Mr. CANNON. I will return in a moment, I will say to my neficence. Yet you throw away millions of dollars in this very friend. bill to civilize and educate the Indian. Mr. SMITH of Arizona. This is an appropriation for the pur­ Mr. Chairman, in this mea.sure I present the only pr~ctical way pose of providing a large number of peaceful Indians on the Gila to educate or civilize the Indian. He must work to live. Give River, in Arizona, with the means of making a living. There are him the chance to work, and if he idles let him starve. Surround some six or eight thousand such Indians in Arizona who have for him with the daily evidence of civilization. Let these particular ages made their living by means of artificial application of water Indians see their white neighbors, with more burdens to bear to the soil. They have been peaceful Indians. Being such, they carving their way to better conditions. Let them see the whi~ have received less recognition at the hands of the Government man's home, his comforts, his schools, his churches, his stores, · than have those whose lives have been spent in lawless and bloody shops, fields, and granaries, built and sustained in conditions pursuits. similar to his, and if civilization is possible to him, he will thus Their condition excites our sympathy and demands our aid. and thus only, obtain it. Measuring my words, I assert with · Their ancestors cultivated the fields, over which they now roam emphasis that any dollar spent in the line of this appropriation is penniless and helpless, yet willing to provide for themselves the worth more to the cause of Indian education than any ten dollars necessaries of life if only given the chance. They can not live named in this bill. without water. Their former supply has been cut off, and the This is no scheme to irrigate the arid lands. Allay such fears. A law protects the appropriators. This condition confronts us: bill for that purpose will be brought before this House and the Sen­ Several thousand Indians without means of support, every one of ate, and it has my warmest sympathy and will receive my ardent whom will become a charge on the Government, can be made support. This is simply now and here a question of humanity of self-supporting at no cost to the Government. What course is justice, of right, and of expediency as well. I wish to appeai to dictated by common business sense, by statesmanship, by hu- the gentleman from lllinois [Mr. CANNON] not to press his point manity? · of order against this provision. If he could only see this as I see The fear that some white men may be benefited must not blind it, I know that his heart, so full of the best impulses of our na­ our Indian devotees to the real advantages which the Indian will ture, would relent at beholding the misery and wretchedness secure under this appropriation. which his act is sure to perpetuate. I know if he could see as I I am convinced that my friend from lllinois has raised the point Ree the happy costless homes this measure will build for the home­ of order on this item in the bill through fear that Congress may less in his district as well as mine his great affection for our by favorable action on it commit, in a way, the country to the race would overcome his sense of duty and let this mea.sure '' have general project of irrigating the arid lands of the Western States its perfect work." and Territories. I here disclaim any such purpose in this item of Let me commend to my friend facts and considerations which this bill. It was put on the bill in committee on my motion, but he will find hard to resist. They are strongly recommended to I never imagined that it could be construed as a precedent for our favorable consideration. general irrigation af the arid region. Nor can it be reasonably so Mr. BELL. Who recommended it? construed by any man. Mr. SMITH of Arizona. It is contained in a publication of the It is true that if this appropriation is allowed and the dam Department of the Interior entitled '' Water-Supply '' Irriga­ finally built it will not only supply these 6,000 or 8,000 Indians tion Papers, United States Geological Survey, No. 33, 'and deals with ample water for every want, with no expense to the Govern­ with the storage of water on Gila River, Arizona. On page 92 of ment, but will in addition reclaim sufficient land to pay every the report, where a summary of the whole report is found the dollar the Government advances in this humane and urgent cause. following language is used in speaking of the San Carlos R~ser­ I do not deny that the white man will be benefited ultimately by voir: this work. On the contrary, many will be benefited, but at their The greatest economy to the Government, whether the relief of the Indian own cost, and I am glad to know that they ~will. alone is considered or the general development of the arid lands in the neigh­ The white man must pay for what he gets, and under this meas­ borhood of the reservation is taken as a basis, lies in the construction of a larg~ re~rvoir. It is shown ~hat th:e Governme?-tcan build such a large res­ ure will also pay for what the Indian gets, and still your opposi­ ervo:tr, gJ.ve water to the. Indians Without cha.rgmg them for it, and sell the tion is so determined that you attempt to strike the measure down remamder of the water unpounded at such figure as would rapidly return by a " point of order " instead of taking the sense of the House by all the original investment made by the Federal authorities. 5. In the event of the.construction of a large dal!l there will be built up in a motion to strike out the clause. I am willing to submit this the valley of the Gila River, where a desert now eXISts, a community of fully question to a vote of the House. You are not. You have, or 40,000sonls, and the creation of many million dollars of taxable wealth with­ think you have, the parliamentary advantage of me. If the gen- out permanent outlay on the part of the Government. 1998 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 20,

6. The cost per acre-foot of storage capacity of the da.mB as planned in Hrls considered by the House in the regular way. But this is not such. report at the three principal reservoir sites upon which estimates have been It is sui gene1'is, unlike any other case in the United States. This made is as follows: work will be done one of these days. Why not do it now? If Cost per acre-foot of u:ate1· sto1'ed. private capital shall finally do it, which is hardly possible, what Location. Amount. Cost per will become of these wards of the Government which you profess acre-foot. to care for in this bill? They will cost more, yea, a thousand times more, than this dam can ever cost. This is an urgent necessity. It should not be permitted to pass another day without favorable The Buttes_------_------A.C7i7l,~ $15.19 Riverside ______------221,138 9.01 action. I sincerely hope the gentleman from Illinois will with­ San Carlos ______------241,396 4.00 draw his point of order, though I do not concede that the point is good. From this it will be seen that-the cost of storing water at The Buttes per . Mr. CANNON. I would be glad to have unanimous consent acre-foot is 3.5 times the cost at San Carlos, and that the cost at Riverside is for a very few minutes to reply to the gentleman, reserving my 2.1 times the cost ::~.t San Cal'los. point of order. And speaking further on this question the report, on page 93, The CHAIRMAN. How much time does the gentleman re­ says: quire? The tu·gument in favor of the construction of a reservoir for the storage Mr. CANNON. Not over ten minutes, and I do not think that of the waters of the Gil:J. River by the United StatesGovernmentisstronger, perhap , than for any other project in the country. I will take so much as that. 1. '!'he Government has expended large sums of money for the introduc­ The CHAIRMAN. The gentleman from lllinois asks unani­ tion of irrig-ation on the Indian reservations where it ic; de ired to educate mous consent that he may be allowed ten minutes' time in which the Indian mto agricultural habits as a means of his civilization. This is a well-established and wise public policy, and has ah·eady been to speak onapointoforder. Is there objection? [After a pause.] productive of much good, but is always in the nature of an experiment, and The Chair hears none. more or less difficulty and uncertainty is attendant upon the attempt to in­ Mr. CANNON. Chairman, an appeal, made, I have no duce the Indians to accept this mode of livelihood. In the present case we Mr: have n. tribe of Indians who have for centuries been engaged in agriculture doubt, in good faith, of the kind that the gentleman from Ari­ by irrigation, and who were, until recently, the only successful irrigators in zona [Mr. SMITH] has made, is always effective, and sometimes Arizona. These Indians have been deprived of thmr water supply through runs away with the judgment by exciting the sympathies. That tlle agc>ncy of the white man, directl-y encouraged by the United States Government. It is an imperative obligation of honor that their sup:ply there are Indians in Arizona there is no doubt; that they are as should be restored to them, and the only practical means of this restoration well off there as the average in other Territories, substantially, is by storage on the Gila River. there is no doubt; better off in many respects than the Indians If the humanities are unavailingly appealed to, let us look at the way up toward the northern boundary, the forty-ninth parallel, problem from the modern, heartless, commercial standpoint and we and not perhaps as well off as the Indians are in New York, where will find cogent reasons for action, and I therefore submit from for many generations they have lived with the humane white the same report a farmer all about them; but I never have understood that even Financial summary of 1·esuzts. with all that good chance and good provision for them that they Total water supply to be delivered to the point of diversion from are entirely self-supporting or entirely the equal of the white San Carlos reservoir for irri~ation each year ______acre-feet __ 241,396 Ultimate requirement for Indians ------do ___ _ 40,000 farmer around them. Now, I want the attention of the committee just for a moment Remainder available for irrigation of public domain or pri- to see what this proposition is. I hold in my hand Water Sup­ vate lands ____ ------______acre-feet__ 201,396 Assume a duty of water of 2 acre-feet or 24: inches in depth used ply and Irrigation Papers, issued by the United States Geolog­ each year on each irriaated acre; this would permit the irriga- ical Survey, No. 33. I have not been able to read it very closely, tion of l:mds outside the reservation to the extent of ____ acres___ 100,698 and yet I have dogeared it. I have done for this investigation There are 389,211 acres of arid public land in the district to be sup­ plied from this system. Assume that the water is given to the what we are all compelled to do, with so many things to do; taken Indians without cost to the Government and that these 100,698 a hop, skip, and jump through it, and I find substantially the acres must pay the total cost of the works, then the necessary following facts to be true: This is to construct, I believe, if it charge per acre for the remaining water rights to be sold would should go on, a reservoir at a favorable point near the San Carlos be_------$10.24: It is believed that the public lands with this water right could, at Indian Agency for storing the flood waters of the 1iver, and so on, this rate, be sold within a year. and so on. Now I believe if this appropriation is made it is first If 3,000 Indians have to be fed by the Government at a cost per ra- tion per da.y of 10 cents, the annual expenses would be------$109,500 proposed in the beginning to constuct what is called the San The capitalization of $109,500 at 4 per cent would represent the prac­ Carlos dam. The San Carlos dam, according to the estimate tical permanent expen...<>e of feeding these tribes. This is equiva­ here, would cost $1,038,000 in round numbers. That is for the lent to a permanent Government debt, which would be liquidated mere dam, without anything else now for irrigation. I read on by this construction, of_------·------$2,737,500 a little further in this report and I find that this reservoir will The value of the 100,698 acres of irrigated public lands that would last, when the dam is constructed, twenty-nine years in round be taxable would be $50 per acre, or a total oL _____ ------5,004, 900 The saving, without expense to the Government, by irrigation of numbers. That is to say, that the silt from the 1iver will fill it 20, of lands belonging to the Indians has been shown to up in twenty-nine years. be __ ------2, 737,500 Mr. SMITH of Arizona. At what height of dam is that? Total increase in \alue, without public expense ______------7, 772,41X> Mr. CANNON. Well, I think 150 feet. I am not sure as to There will also be a brge increase in value of taxable town property, not that, but as it is proposed to make it. estimated upon. Mr. SMITH of Arizona. I read sixty-th1·ee years in the report. Ob erving what has been said, we are ready for the recom­ Mr. CANNON. Look at page 77. mendations contained in the last of the report, which is using its Mr. CURTIS. It is on page 40. very language, " Construct the San Carlos dam." Mr. SMITH of Arizona. All right; go ahead. I did not want Mr. Chairman, it is proven to a demonstration that this work to interrupt further than to find the data. can be accomplished without expense to the Government and in Mr. CANNON. Twenty-nine years. Well, now, the man who doing it give the Indians free water for all time. makes this report says: Oh, yes, we ou~ht to look out now, and if we start this ir1·igation work it Mr. PALMER. Will their other land be sold? would be the hmght of cruelty not to continue it later on, because it would Mr. SMITH of Arizona. It maybe and it may well be, the pro­ just go out--snu:ff out like a candle. ceeds being applied to the payment of expenses incurred by the And so he turns round and says: Government in building the dam. When that is gone we can build a dam at Riv-erside that will cost 1,!!92,000, What more can I say, with the point of order still being pressed that the cost per acre-foot there will be $9.01, that the cost per aero-foot to by the gentleman from illinois. Is it possible that he can do any irrigate the first would be $8.60, and when that fills up, still we can build a act which will condemn six or eight thousand Indians to possible dam at the Buttes to cost ,6-13,000. starvation, retard the development of our common country, lock Now, irrigated from the above reservoir would be 87,000 acres; the desert against home invasion, when by a word he can change needed for the Indians, 20,000 acres. Now, there is a good deal the picture to homes of plenty for those now hungry, schools for of sympathy for Lo, the poor Indian, but there is a good deal children now ignorant, and open up the waste places to man's happy more for committing the Government there to the irrigation for habitation without one dollar of expense to our Government? I the white man. am sure that he feels that this is only an entering wedge to the Mr. SMITH of Arizona. I would suggest to the gentleman if great problem of national irrigation. I know he is impelled by a you will take every figure you have named right now and sup­ high sense of duty in his objection to that great enterprise and port these Indians without it, going to the expense that your in­ to everything advancing the possibilities of its success at this genuity has driven you, that you will find for the keeping of time. these Indians the investment necessary to build every one of them If this were a scheme or a bill or a measure looking to the irri­ would be a very light cost, take it even then. gation of the arid lands, I would agree with my friend that it Mr. CANNON. I willt.a.ke it for the support of the Pima In­ should come from the committee as an independent bill and be dians, and those are the Indians, I take it. 1902. CONGRESSIONAL RECORD-HOUSE. 1999

Mr. SMITH of Arizona. They are the Pimas and Maricopas The CHAIRMAN. Does the gentleman desire to be heard fur­ and two or three peaceful tribes.· ther on the point of order? :Mr. CANNON. Was it $10,000? Mr. S?riiTH of Arizona. Except what I have stated, it has been :Mr. CURTIS. Ten thousand dollars we appropriated for them carried in the appropriation bill from year to year, certainly for a few years ago. two Congresses, and has just the same claim to remain in the bill Mr. CANNON. And I believe that has not all been expended. as any one of the preceding dozen items or dozen pages. Mr. CURTIS. No, sir. The CHAIRMAN. Does the gentleman from New York [Mr. Mr. S~:IITH' of Arizona. You are talking about a different res­ SHERMAN] , chairman of the Committee on Indian Affairs, desire ervation. Let us not get off into something that we do not under­ to be heard on the point of order? stand. Will my friend from Kansas [Mr. CURTIS], in saying Mr. SHERMAN. Why, Mr. Chairman, I simply offer a single $10,000 for the Pimas, please tell me on what reservation? suggestion. At least twice before there have been appropria­ Mr. CURTIS. On the Pima Reservation. tions for surveying the Gila River. The surveys have been made. Mr. SMITH of Arizona. Where is the Pima Reservation? Reports are now before Congress for its action. This section of l\I.r. CURTIS. There are 7,500 of those Indians, and they are the bill proposes, in pursuance of those surveys, of that investi­ the Indians referred to in the report. The reservation is about gation, and of those reports, to make contracts for the work cov­ 37 miles below the San Carlos dam site. , ered by those surveys and those reports. It also, of course, pro­ Mr. SMITH of Arizona. Where is the Pima Reservation? vides for further investigations of the same subject. Mr. CURTIS. I say 37 miles below San Carlos. It seems to me, Mr. Chairman~ that the appropriations hereto­ Mr. SMITH of Arizona. I say the Pima Reservation is not fore made have already inaugm·ated a public work. and that the ap­ within 120 miles of San Carlos, and is not on the Gila River at all. propriation here contemplated is a continuation of that public work. Mr. CURTIS. That is so much worse for your proposition. The CHAIRMAN. This paragraph proposes the beginning of Then you would have to carry the water 120 miles; but if you preliminary work for the construction of a reservoir on the Gila will read page 18 of the report on your desk you will find the River in Arizona. It also authorizes the Secretary of the Interim·- Pima Indians are located on Gila River. To acquire and prepare the dam site, and do such detailed work as may be necessa.ry for preparing specification for advertising for bids for the various Mr. SMITH of Arizona. It has never been proposed to do that. classes of work connected with the construction of the dam and its appurte­ They are on another river, and you would have to cross three nances, and to prepare plans and estimates of cost of construction (Wlth In­ mountain ranges to get there. dian labor, so far as the same can be profitably used), and designate the 1\ir. CURTIS. Then you are referring to another band of In­ vacant yublic lands which can be irrigated from the stored water of said dians. reservmr. Mr. SMITH of Arizona. I am referring to the same Pimas that It also provides that this shall be done for the storing of the are mentioned in the appropriation bill as the Pima Reservation. flood waters -of the Gila River for the benefit of the Indians. And lli. CANNON. .After all said and done, with the mildness of further, '' the excess waters to be used for reclaiming vacant public the climate, I believe the Indians now in Arizona, so far as com­ lands and supplying present appropriated water rights." The fort is concerned, are better off than the average Indians are in Chair knows of no existing law which authorizes an appropriation the United States. Now, I want to say another thing, that with for the purpose of reclaiming public lands or for the purpose of white people helping them by grants fmm the Treasury of the furnishing waters for the irrigation of lands in private ownership, United States has a tendency to pauperize them. as is undoubtedly contemplated by the provision. The chairman Mr. SMITH of Arizona. Yes; it does: and that is what I am of the committee and the gentleman from Arizona have stated opposed to. that this provision is, in their opinion, simply a continuation of a l\Ir. CANNON. I am speaking of white people. How in the work heretofore authorized, an appropriation having heretofore name of all that is good, following the policy that we have, do been made for a survey of and report upon a dam at the point you expect the Indian will rise superior to the white man, and contemplated in this provision. It was held in a very notable that he will be civilized, when under similar conditions the white case that the making of a survey to ascertain the feasibility of man will be pauperized? proposed public works was not such a beginning of work as wou.ld Mr. SMITH C1f Arizona. That principle would strike out every authorize an appropriation in an appropriation bill. That ru.ling appropriation in this bill, I submit. was made February 14, 1899, and the Chair will ask the Clerk to Mr. CANNON. I understand that, and I understand what t}le read it. sentiment is that is touched so artfully by the humanitarians The Clerk read as follows: throughout the country who do not understand much about the On February U, 1899, the sundry civil appropriation bill was under consid­ subject. You can not strike it out, and therefore we will go on erationinCommitteeofthe Whole House on the state of the Union, whenMl·. WILLIAM P. HEPBURN, of Iowa, offered an amendment authorizing the Presi­ pauperizing the Indian. dent to l'urchase land necessary to construct the Nicaragua Canal; authoriz­ Well, now, as we pauperize the Indian, I would sooner pauper­ ing the President to direct the Secretary of War to construct the canal of a ize him by the appropriation of $10,000 every year, or $10,000 certain specified capacity; appropriating $1.15,000,(0) for the work, and speci­ fying various details relatin~ to the administration of the work. every two years, than to enter upon this scheme of irrigation that Mr. JOSEPH G. C.A.NNo~ made a point of order against this amendment, as inside of sixty years will involve the building of three dams, one follows: at a cost of over a million dollars, another at a cost of $2,000,000, First, the amendment is not germane; second, the amendment is obnoxious to Rule XXI, in this, that it proposes legislation; third, that it appropriates and another at a cost of nearly $3,000,000, besides the employees, money not authorized by existing law; fourth, it appropriates money not in besides the maintenance, and besides other things that are a great pursuance of a public work or object in progress. Mr. HEPBURN thereupon cited the act of March 2, 1895, whereby Congress deal more for the benefit of the white man than of the Indian. had appropriated for a board of engineer officers to inspect and report on the Now to my point of order. This work is not authorized by ex­ feasibility, permanence, and cost of construction and completion of the canal; isting law. It is authorized by this legislation. Not only for the and the act of 1898, whereby provision was made for continuing the surveys be and examinalions- Indians, but the excess of water is to used for reclaiming vacant After debate, and on February 15, 1899, the Chairman ruled: public lands and supplying present appropriated water rights. The committee will observe that the point raised by the gentleman in We are going to condemn present appropriated water rights, or charge of the bill does not affect the merits of the bill relating to the con­ buy them, and so on, and so on. It is legislation from beginning struction of the Nicaragua Canal The point raised is one purely of a pru.·lia­ mentary character, and simply relates to the construction of the rule that to end, coupled with appropriation, and therefore is amenable to was invoked by the gentleman who has the appropriation bill in charg:e. the ru.le. The bill, as the committee will remember, is a general appropriation bill, Mr. SMITH of Arizona. Mr. Chairman, on that question I wish and when we reached the point on page 74 indicated by the Clerk the gentle­ man from Iowa [Mr. HEPBUR~] arose and presented an amendment, which to say that it is not new legislation except at the point indicated, has been read from the Clerk's desk, and the gentleman from illinois [Mr. and I will move to amend by striking out the particular words C.lliS'O~l raised the following points against it. He said: the gentleman has named. It can not be otherwise subject to the "Mr. Qhairman, I desire to .make the point of order against this amend­ ment. Frrst, the amendment IS not germane; second, the amendment is ob­ point of order: because every single line in this provision is in it no:rious to Rule XXI in this, that it prop~s legislation; third, that it appro­ by virtue of or in continuance of appropriations heretofore made. priates money not a nthorized by eXIStin~ 1.3. w; fourth, it appropriates money The money has been appropriated three separate years for the in­ not in pursuance of a public work or obJect in progress." . The rule referred to by the gentleman reads as follows: vestigation of this question of the supply of water to these Indians. "2. No appropriation shall be reported in any general appropriation bill, or This has continuedfromyear to year. It has been again incor­ be in o:rder as an amen~ent th~reto,. for any expe~di~e not previously porated in the bill just as a hundred other items have been placed authonzed by law, unless m continuation of appropnations for such public ~orks.a~d objects ~s are a4'eadyin progress; nor.sh~ll a~y provision chang­ in it, and if this provision is subject to a point of order every page mg exiSting lB. w be m order many general appropnation bill or in any amend­ has provisions likewise subject to the very same point. I claim ment thereto." that, appropriations having heretofore been made for this iden- The gentleman from Iowa who offered the amendment, in answer in­ sisted that the amendment is permissible because it is in continuation of pub­ tical purpose, an appropriation in continuance of that purpose lic works already in progress; and in support of that he cited to the Chair a is within the rule and the point of order can not be main­ law that was adopted by Congress in 16ffi providin~ for surveys and a sup­ tained. It is not new legislation, for other appropriation bills plem~D:tary law of 1 ~ making additional approp~tion. In regard to de­ termmmg whether this law can be construed as havm~ established the pub­ carried money for the same purpose-the same work, the same lic works, namely the construction of this canal, it is unportant to examine scheme, the same thing. the language itseif. The committee will note that it says "for the purpose 2000 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 20, of ascerbining the feasibility and cost of the construction and completion of "and such others as may be allotted land there. the excess of the Nicara~n Canal, etc., $20,COO dollars are appropriated." The langua~e clearly indicates that it is for the purpose of ascertaining facts that will waters to be used for reclaiming vacant public lands and supply­ guide the action of Congress in the future, without committing it to any ing present appropriated water rights," leaving out that part of policy whatever. the paragraph that was referred to by the gentleman from llli­ Now, the amendment of 1898 does not enlarge the scope or purpose for which the original appropriation was made. It simply increases the amount, nois, as I understand the Chair's ruling, that would not change it? but limits it to these purposes, namely to ascertaining a state of facts that The CHAIRMAN. The Chair does not care to decide in ad­ can be used for the public hereafter. The wisdom of that will be noted on vance upon any amendment that may be offered. reflection, because of the wide divergence of opinion as to the manner in which this Nicaragua Canal should be constDiJ.cted, whether by private en­ Mr. SMITH of Arizona. Then, Mr. Chairman, I move to amend terprise or by the Government guaranteeing the bonds that should be issued, the bill by inserting all of that paragraph which has just been or whether the Government should take a copartnership with private indi­ viduals; or, as proposed by the gentleman from Iowa, t:l.ke the construction read, from line 4 to the end of the page, excludin~ therefrom the upon itself r.nd obtain the control and sovereignty over the territory through words" and such others as may be allotted land there, the excess which the canal is to be constructed. of waters to be used for reclaiming vacant public lands and sup­ So that to the Chair it is entirely clear that the law cited by the gentleman from Iowa is not susceptible of the construction suggested by him, but is to plying present appropriated water rights," so it will be the same ascertain the facts, leaving the Government of the United States entirely as the original bill with those words excluded from it. clear hereafter to determine whether it will embark in such an enterprise or The CHAIRMAN. The gentleman fi·om .Arizona offers an not. Indeed, the Chair is fortified in this by the amendment sent to the Clerk's desk by the gentleman from Iowa [Mr. HEPBURN], which provides amendment, which the Clerk will report. that the President shall be authorized in the first instance to purchase terri­ The Clerk read as follows: tory, and, in the second, to direct his Secretary of War to go on and take all the preliminary steps necessary for the construction of the canal itself. So Amend by inserting on page 40, after the word "manner," in line 3, the that, as the Chair construes it, the very amendment offered py the gentle­ following: man is a refutation of the statement that the preliminary legislation appro­ "To enable the Secretary of the Interior to begin the preliminary work priating in 18!'5 $2(),00), and in 1898 $150,00), commits the Government to the in ~e construction of a ~eservoir on the Gila Rive.r in the Territory of construction of this canal. · AriZona~ at a favorable pomt near the San Carlos Indian Agency;. for storing Now, on this part of the rule the Chair is fortified by previous decisions the fl.ooa waters of said river, srud water to be used for the benent of the In­ on other questions. As has been stated by several gentlemen, this rule, in­ dians on the Gila River; the Secretary of the Interior is also authorized to voked by the gentleman from Illinois, has been the rule in this House for acquire and prepare the dam site, and do such deta.iled work as may be more than a generation, and there have been repeated rulings on the identi­ necessary for preparing specification for advertising forbids for the various cal point raised that the Chair is now considering. As late as the Forty­ classes of work connected with the construction of the dam and its appurte­ fifth Congress, Mr. Carlisle, of Kentucky, one of the ablest parliamentarians nances, and to prepare plans and estimates of cost of construction (With In­ who has ever presided over this body, was called upon to pas.q upon this ques­ dian labor, so far as the same can be profitably used), and designate the tion. While the committee were considering an approJ?riation bill Mr. vacant public lands which can be irrigated from the stored water of said Ryan, of Kansas, offered the following amendment, to be mcorporated into reserv01r; the sum of $50,00) is hereby appropriated, or so much thereof as the bill: may be necessary, The Secretary shall report fully at the next session of "Fifty thousand dollars for a building at Topeka., Kans., of the kind and Congress as to the details herein enumerated as to the cost and benefits of for the uses provided in the act of Congress entitled 'An act to authorize the said works and of bids received for the construction and completion of said purchase of a site for a public building at Topeka, Kans.,' !lJ>.J?roved March3, reservoir." 1875, and such building shall not exceed in cost the sum of $200,00l." Mr. Atkins, of Tennessee, raised the point of order that under this rule Mr. CANNON. Mr. Chairman, I make the same point of order invoked by the gentleman from Illinois, it was not a proper amendment, and to this amendment that I made to the original paragraph, for the Mr. Carlisle, after discussion ruled that it was not. Mr. Ryan in his ar~­ same reasons, and the additional reason that it is not germane ment showed that Congress had ah·eady authorized the purchase of a s1te, and that $10,00) had been appropriated for that purpose, and that the juris­ and not authorized by law. diction of the site had been given by the State of Ka.nsas to the United States The CHAIRMAN. Does the gentleman from .Arizona wish to Government. be heard further on the point of order? But Mr. Carlisle held that the purchase of a site did not authorize the con­ struction of a building upon it, although the purpose for which the site was Mr. SMITH of .Arizona. I want to say one word, Mr. Chair­ bought was the construction of a public buildiilg; and he held that the amend­ man. I could not hear very well the canal decision which was ment was not in order. There was no appeal from that decision. read by the Clerk. This is in the nature of a continuing work, The CHAIRMAN. The Clerk has read enough of the decision and differs from the canal bill. The only purpose from the start, to indicate on what grounds the decision was rendered, and as evidently, in that measure and in the subsequent one, as I under­ bearing directly on this point calls the attention of the committee stand it, at the last session of Congress, was an effort to ascertain to the legislation which provided for the survey on the Gila River data, and the work was done for the purpose of ascertaining data in .Arizona. The Chair will have read the former legislation. looking to the construction of a dam across the Gila River and to The Clerk read as follows: supply water to the Indians. Now, for three or four years this For ascertaining the depth of the bed rock at a place on the Gila River, in work of investigation has gone on for no purpose other, and the Gila County, Ariz., known as The Buttes, and particularly described in Sen­ intent of Congress being nothing else, except the ultimate con­ ate Document No. 27, Fifty-fourth Congress1 second seSSion, and for ascer­ struction of the dam, and this is going no further than to say taining the feasibility and estimating in detail the cost of the construction of a dam across the river at that point for purpose of irrigating the Sacaton what the dam will cost. It is only continuing this work on the Reservation, and for ascertaining the average daily flow of water in the river same river and for identically the same pm·pose. at that point, $20,00), or so much thereof as may be necessary, the same to be The CHAIRMAN. The Chair endeavored be as clear and expended by the Director of the United States Geological Survey under the to direction of the Secretary of the Interior: Provided, That nothing herein explicit as pos.~ible on the point as to whether or not the former shall be construed as in any way committing the United States to the con- survey pledged the Government to a continuation of work at that struction of said dam. • point and, following former rulings and the plain provisions of The CHAIRMAN. The committee will note that the proviso the statute, held that it did not so pledge the Government. The in this legislation is very similar to the proviso contained in the language of the legislation itself clearly indicates that it was not legislation on which the former ruling was made-that nothing intended that that legislation should pledge the Government to a therein contained should pledge the United States to the construc­ continuation of the work. It says that '' nothing herein shall be tion of a dam at that point. construed to in any way commit the United States to the con­ Mr. SMITH of Arizona. I would suggest to the Chair just at struction of said dam." that point that that was a proviso put in as an amendment by the So that it seems to the Chair that there can be no controversy Senate, after it passed the House entirely, and consequently the on that point. Now. the question is as to whether the elimina­ rule here would not apply to that part of it. tion of the words in the former paragraph, omitted in the gentle­ The CHAIRMAN. With regard to that, the Chair would say man's amendment, so changes the character of the proposed leg­ it is immaterial at what point in the history of that legislation islation as to bring it within the rnle. the amendment was adopted. It is the law. It voiced the will While legislation providing for general irrigation on Indian of Congress. So that the question as to whether or not a former reservations, to be expended at the discretion of the Commissioner survey pledged the Government to a continuation of the work, or the Secretary, might be held to be germane, it is very question­ it seems to the Chair, is clearly settled by the language of the able whether a provision for a specific inigation work is not sub­ legislation itself as well as by the decision already quoted. ject to a point of order. In a ruling made a few days ago on the Now, even though there were legislation providing for the rec­ urgent deficiency bill it was held that a paragraph providing for lamation of public lands, which there is not, even though there the establishment of an Army post was subject to a point of order, were legislation providing for expenditures for the purpose of but that an amendment providing in general for the shelter of providing waters for the inigation of p1ivate land, it would troops was not. The Chair calls the gentleman's attention to the be a grave question whether an appropriation for those purposes fact that there is in his amendment a provision authorizing and would be germane to an Indian appropriation bill. In view of instructing the Secretary to '' designate the vacant public lands all these facts the Chair believes that the provision is very clearly which can be irrigated from the stored water of said re ervoir," subject to a point of order, and the point of order is therefore sus­ clearly indicating the purpose of the amendment to provide water ained. for lands other than lands of the Indians; and as there is no law lli. SMITH of Arizona. A parliamentary inquiry, Mr. Chair­ authorizing this class of expenditures, the Chair holds that the man. point of order is well taken, and the point of order is therefore sus­ The CHAIRMAN. The gentleman will state it. tained. Mr. SMITH of Arizona. If an amendment were offered by Mr. BURKE of South Dakota. I offer the amendment which me, putting in this paragraph, with the exception of the words I send to the desk. •

1902. CONGRESSIONAL RECORD-HOUSE. 2001

The Clerk read as follows: In 1887 the Government allotted lands to these Indians in On page 41, after the word "dollars," line 5, insert: severalty. After each one had received his allotment of 160 acres "For survey of lands in the Pine Ridge and Standing Rock Indian reser­ there was left to the Eastern Shawnees about 2,000 acres, and to vations in South Dakota, and for examination in the field of surveys, the sum of $22,1XX> to be immediately available, and for clerical work and stationery in the Senecas about 14,000 acres. Since that time children have the office of the Surveyor-General, required on surveys within the Pine Ridge been born to these Indians. and Standing Rock Indian reservations in South Dakota, the sum of ~.lll>; The Government is now paying for a clerk, $1,000; for an in­ in all, $25,200." dustrial farmer, $500; for a patrolman or policeman,$600, besides The CHAIRMAN. Does the gentleman from South Dakota his rations and clothing; for a hostler, $360, making a total of wish to be heard on the amendment? $2,560. All the money that these people of both tribes get is Mr. BURKE of South Dakota. I do not, unless some question $4,720, being the interest on the money covered by the provision is raised in regard to it. we have just voted upon. The $2,560 expended for the care of The amendment was agreed to. these lands by the employment of a clerk, a patrolman, a hos­ The Clerk read as follows: tler, and an industrial farmer comes out of the Government. That the Secretary of the Inte1ior be and he is hereby, authorized and The parents of the Indians that have been born since 1886 desire directed to pay, per capita, to the members of the Eastern Shawnee and Seneca tribes of Indians, in the Indian Territory, all moneys placed to the that allotments shall now be made to their children. To thia credit of said tribes upon the books of the Treasury, and all trust funds held end-- for said tribes by the Government in lieu of investments. Mr. CURTIS. May I ask the gentleman a question? Mr. BENTON. I offer the amendment which I send to the desk. Mr. BENTON. Yes. The Clerk read as follows: :Mr. CURTIS. How much sm-plns land is there on the reser­ Strike out all after "that," in line 20\ page 41, ending with the word "in­ vation? vestment," in line 1, page 42, and insert m lieu thereof the following: Mr. BENTON. Fourteen thousand acres in the Seneca Reser­ "That the following sums placed upon the books of the Treasury by the Indian appropriation act of March 3, 1901 (31 Stat., 1062, 1068), to the credit of vation and 2,000 acres in the Shawnee. the tribes named, being in full for permanent annuities guaranteed by Mr. CURTIS. Will there be any left after the allotments? treaties to said tribes, Shall draw interest at the rate of 5 per cent per Mr. BENTON. There will be about 2,200 acres of land left in annum from July 1, 1902, namely: Seneca fund, $73,800; Eastern Shawnee fund, $20,600; and a sum sufficient to pay the interest on the same for the fis­ the Seneca Reservation and a few acres in the Shawnee Reserva­ cal year 1903 is hereby ap:propriated. And the Secretary of the Interior is tion. That is not land, however; it is rocks on the bluff over the hereby authorized in his discretion to pay per capita to the Ina.nagers of the Grand River. East~rn Shawnee and Seneca tribes of Indians in the Indian Territory the principal of these sums placed to the credit of said tribes on the books of the Mr. CURTIS. What does the act of the council provide shall Treasury." be done with that land? Mr. SHERMAN. If I understand the amendment correctly, it Mr. BENTON. It provides that it shall be sold for the benefit ls simply a change of phraseology? o.f the tribe. I will ask, Mr. Chairman, that I may be permitted Mr ..BENTON. The object of the amendment is this: The Sec­ to insert the acts of these two councils in the RECORD, andforthe retary of the Interior tells ns that the amount of money named information of the gentlemen I will read. in this amendment to the bill will not draw interest after the 1st :1\fr. CURTIS. If the gentleman reads the act it will answer· of July. By this amendment I propose that after the 1st of July my question, but what I would like to know is whether the act the Secretary of the Interior be authorized to pay 5 per cent inter­ provides for anything else- est on the full sums to the Indians in lien of what has been pro­ Mr. BENTON. The act provides that the land shall be di­ vided for in the act, also to authorize the Secretary to pay, in his vided np, giving each Seneca Indian born since 1887, 120 a~res of discretion, the whole sum to these Indians in cash. land, and to each Shawnee Indian minor 60 acres. I will insert Mr. SHERMAN. Then yon propose to put this money into the these two acts. During the last three months the council of the Treasury, as other Indian funds are placed there, except that yon Senecas and the council of the Eastern Shawnees-and I have the leave it to the discretion of the Secretary of the Interior to pay two acts here signed by the chiefs and secretaries-have passed out the principal? such acts, and this amendment which I offer to the bill at this Mr. BENTON. Yes, sir. time is for the purpose of indorsingtheactsofthe councils, whieh Mr. SHERMAN. Can the gentleman tell me if there is any will save the Government about $6,000 or $7,000 in sending sur­ other Indian funds, the principal of which is left to be paid out veyors and other officers down there to allot this land. That is solely in the discretion of the Secretary of Interior? all it does. It simply saves the Government that much money by Mr. BENTON. No, sir. adopting in this bill the act of the two councils, and allots their Mr. SHERMAN. I think we ought not to single out this fund surplus lands. and leave its payment solely in the discretion of the Secretary. Let The CHAIRMAN. The question is on the amendment offered Congress say when the principal shall be paid. by the gentleman from Missouri. Mr. BENTON. That is exactly what I wanted; but I had to The amendment was agreed to. . make my peace in another quarter. [Laughter.] Mr. BENTON. I desire, in connection with my remarks, to Mr. SHERMAN. Well, the gentleman is "np against" mak­ insert in the RECORD the two acts of these two councils. ing peace in this quarter. [Laughter.] The CHAIRMAN. The gentleman asks unanimous consent to Mr. BENTON. So far as I am concerned, I would rather that insert certain papers in the RECORD. If there is no objection, it the :provision should be adopted as it is in the bill, namely, that- will be so ordered. tM Secretary of the Interior be, and he is herebyhauthorized and directed The papers are as follows: to pay per capita to the members of the Eastern S awnee and Seneca tribes An act providing for the allotment of lands to certain minor children, and of Indians in the Indian Territory all moneys pla~d to the credit of said for other purposes. tribes upon the books of the Treasury. Be it enacted by the council of the Eastern Shawnees of the Indian Tef·rUonJ: Mr. FITZGERALD. It would appear that we shall oblige the SECTIO~ 1. That allotments of not less than 60 acres from the surplus or una.llott~d lands of the triba be given to each minor child who bas received gentlemen from Missomi [Mr. BENTo~] by voting down his no allotment of land and who shall be upon the roll of the tribe at the time amendment. [Laughter.] He will then get what he wants. of said new allotment of land, the remainder of the surplus land, if any, to Mr. SHERMAN. I do not care particularly about .the matter. be sold by deed signed by the chief and witnessed by the secretary, and the proceeds used in the liquidation of tribal indebtedness and in paying the ex­ The question being taken on the amendment of Mr. BENTON, penses of the new allotment. it was adopted, there being ayes 15, noes 1. SEC. 2. The allotment so made shall be subject to all of there trictions im­ Mr. BENTON. I desire to call the attention of the chairman posed by an act of Congress approved February 8 1887 entitled "An act to provide for the allotment of lands in severalty to Indians on the various res­ of the committee to another amendment which I think it proper ervations and to extend the protection of the laws of the United States and should be inserted at this point. I ask the Clerk to read it. the Territories over the Indians, and for other purposes." The Clerk read as follows: SEC. 3. This act to take effect and be in force from and after its ratifica­ tion by the Congress of the United States. After the word "investments," in line 1, page 42, insert the following: Passed the council December 2,1901. "And the act of the councils of the Eastern Shawnee and of the Seneca ANDREW DUSHANE Chief. nations or tribes of the Indian Territory, providing for the allotment of JOHN L. PROPHET, 'ecretary. lands to certain minor children, and for other purposes, passed, respectively, on the 2d day of December, 1901, and the 8th day of January, 1902, are hereby ratified and approved." An act providing for the allotment of lands to certain minor Senecas. and Mr. SHERMAN. I desire to reserve a point of order on this for other purposes. · amendment. I would like to ask the gentleman from Missouri Whereas the Seneca Nation of the Indian Territory is possessed of suffi­ cient surplus land to provide allotments to all of their children who have not whether he did not offer this identical amendment in committee, heretofore received allotments therefrom: . and was it not voted down? Be it enacted lnJ the council of the Seneca Nation of the Indian Ten"it0111 Mr. BENTON. No sir. The committee had not the necessary That allotment of not more than 120 acres of land from the surplus or un~ allotted lands of the tribe be made to each minor child who may be upon the information on the subject, and I declined to press the amendment. rolls of the tlibe at the time of such allotment and to whom no allotment of Mr. SHERMAN. Oh, yes; I rememlXlr now. lands has heretofore been Ina.de; said allotments shall be a.s nearly equal in Mr. BENTON. I do not want to press this amendment until value as the same can be Ina.de, and shall be made from the best agricultural lands obtainable along the valley of the Elk River and in such other places the gentleman from New York [Mr. SHERMAN] and the commit­ as shall not impair the value of the remaining surplus land; the same shall be tee generally understand why it is presented. made under the direction of the acting United States Indian agent for the .XXXV-126 •

2002 CONGRESSIONAL RECORD-HOl]"SE. FEBRUARY 20,

Quapaw Agency; and the lands so allotted shall be conveyed by deed signed and acknowledged by the principal chief, and shall be subject to all the re­ The Clerk read as follows: strictions provided in an act of Congress entitled "An act to provide for the For pay of one special attorney for the Pueblo Indians of New Mexico, allotment of lands in severalty to Indians on the various reservations, and to $1,500, ana for necessary traveling and incidental expenses of one special at­ ext-end the protection of the laws of the United States and the Territories torney for the Pueblo Indians of New Mexico, $J00: Provided, That of said over the Indians, and for other purposes," approved February 8, 1887. amount the sum of s:n>, or so much thereof as may be neces ary, shall be SEC. 2. After making of said allotmeRts the remaining surplus lands may available for expenses incurred by said attorney during the fiscal year end­ be leased or sold by the chief, with the approval of the council, on the best ing June 30, 1003; in all, $2,00>. possible terms, the proceeds to be used in defraying the expenses incident to Mr. RODEY. Mr. Chairman, I should like to ask the chairman allotment and in the liquidation of indebtedness of the tribe which they are legally or in honor bound to pay; the surplus, if any, to be deposited with of the committee why the salary of the Pueblo Indian agent for the acting United States Indian agent for the Quapaw Agency, to be by him New Mexico is not provided for in the appropriation? paid per capita to all persons upon the roll of the tribe. Mr. SHERMAN. I did not catch the question of the gentleman. SEc. 3. That this act shall take effect and be in force from and after its approval by the Congre of the United States. Mr. RODEY. Why is the pay for the Pueblo Indian agent for Passed the council January 8, 1002. New Mexico left out? MITCHELL SPICER, Mr. SHERMAN. It was not estimated for. The Department Principal Chief. EDWD. MINGO, saw no necessity for an agent. Whatever the duties are there, Second Chief and 8ecreta11J. they are discharged by the superintendent of schools. The salary The Clerk read as follows: of the agent was not estimated for and not asked for by the De­ That the SGrplus or unallotted lands of the Confederated Wea, Peoria, Kas­ partment. kaskia, and Piankeshaw tribe of Indians, and of the Western Miami tribe of The CHAIRMAN. The Clerk will read. Indians, in the northeastern part of the Indian Territory, may ba sold on such terms and conditions as the President and the adult members of said tribe The Clerk read as follows: may mutually agree upon the proceeds thereof to be divided according to The Secretary of the Interior is hereby authorized to pay to the Otoe and ownership, as set forth in the act approved March 2, 1889, entitled "An act to Missouria tribe of Indians of Oklahoma, immediately upon the passage of this provide for allotment of land in severalty to United Peorias and Miamies in act, the sum of $50,00>, or so much thereof as may be necessary, out of any Indian Territory, and for other purposes." money to their credit in the Treasury of the United States, under such regu­ lations as he may prescribe, in the settlement of their claim for lands sold for Mr. MILLER. I offer the following amendment, which I ask them in the State of Nebraska. the Clerk to read. The Clerk read as follows: Mr. LACEY. I move to strike out the last word, for the pur­ pose of asking the gentleman from Kansas if he knows the full On line 15, page 42, strike out the word "divided" and insert in lieu thereof the words "~aid per capita;" so that it will read, "The proceeds thereof to be amount realized out of the compromise, and whether it has been paid per capita acco:z.:.ding to ownership. paid? Mr. SHERMAN. If the gentleman will yield, I would like to Mr. CURTIS. We are informed by the Commissioner that ask a question. about $111,000 has been derived from the compromise, and I un­ Mr. MILLER. Yes. derstood that it had been paid, but I have not the information Mr. SHERMAN. These Indians are self-supporting? direct. Mr. MILLER. Yes. Mr. LACEY. Why, then, do you provide only for the payment Mr. SHERMAN. They receive no gratuity from the Govern- of $50,000? ment? Mr. CURTIS. Under the agreement about $54,000 was to be Mr. l\IILLER. No. paid-that is, the amount of accumulated interest, which was Mr. SHERMAN. They have their allotments? $54,000, but the tribe will be satisfied with $50:000. They want Mr. MILLER. Yes. the remainder of the money to stay in the Treasury and draw Mr. SHERMAN. And this is simply to permit them to sell interest, as their other funds do. land they do not require for their allotments, and that the money Mr. LACEY. At what rate of interest? be paid to them? Mr. CURTIS. I think 5 per cent. Mr. MILLER. Yes. Mr. LACEY. I withdraw the pro forma amendment. Mr. SHERMAN. Very well; I have no objection. The Clerk read as follows: The CHAIRMAN. The question is on agreeing to the amend- That the Secretary of the Interior is hereby authorized, with the consent of the tribe, to distribute the cattle belonging to the Crow tribe known as the ment of the gentleman from Kansas. "common herd" and held as such under the ninth article of the agreement The amendment was agreed to. with said tribe of December 8, 1890, ratified by the act of March 3, 1~1 (2() The Clerk read as follows: Stat., lOU), among the members of said tribe, to be held by them as individ­ uals m the same manner as their other individual stock is held after which To maintain at the city of Omaha, Nebr., in the discretion of the Secretary the common herd shall cease to exist. The Secretary of the Interior1 is also of the Interior a warehouse for the receipt, storage, and shipping of goods authorized to distribute among the tribe per capita all of the money due or to for the Indian Bervice, $10,®. Provided, That so much of the act of June 7, become due said Indians from sales from the common herd, known as the 1897, entitled" An act making appropriations for the current and contingent "Crow herd fund:., Provided, That the distribution of the cattle and payment expenses and fulfilling treaty stipulations with the Indian tribes for the fis­ of the money shall be made at such time and under such regulations as the cal year E?nding June .30. 1898, ·~ 8.1? provifies that the.city of Omaha shall pro­ Secretary of the Interior in his discretion may prescribe. That the funds now vide, eqmp, and furnish a. building smtable for this purpose free of cost to in the Treasury of the United States to the credit of the Crow Indians in the Uruted States is hereby repealed. Montana, or any portion of it, may, with the consent of the tribe, be used by Mr. SHERMAN. Mr. Chairman, the quotation in line 4 of the Secretary of the Interior, in his discretion, in the purchase of stock cattle to be distributed among the members of the tribe under such regulations as page 43 should be after the word'' United States" in line 6. That be may prescribe. is a mistake of the printer, and I ask unanimous consent that the Mr. BURKE of South Dakota. I offer the amendment which Clerk make the correction. I send to the Clerk's desk. The CHAIRMAN. Without objection it will be so ordered. The amendment was read, as follows: There was no objection. On page 47, after the word "prescribed," in line 6, insert "to enable the Mr. SHERMAN. Also, in line 10, on page 42, the fifth word Secretary of the Treasury to pay the clarm of Josef Stainer for labor and should be '' unallotted. '' It is '' unlotted. '' I ask that this cor­ material used in making repairs to school buildings Nos. 1, 2, and 3, at Chey­ rection be made by the Clerk. enne River Indian Agency, S.Dak., damaged by wind storm and cyclone on the night of July 19, 189".3, apJ>roved by the Secretary of the Interior, ~8.37, The CHAIRMAN. If there is no objection, the order will be to be pa.id from unexpended balance of appropriation 'Education Sioux so made. Nation.'" There was no objection. Mr. SHERMAN. I reserve the point of order upon that amend­ The Clerk read as follows: ment. I should like to hear what the gentleman has to say. That the $10,00>, or so much thereof as may be available, reserved by act of Mr. BURKE of South Dakota. I hope the gentleman will not March 3 1001, out of the amount appropriated for payment of the judgment in favor of the New York Indians, to pay expenses necessary to ascertain the insist on his point of order upon this amendment. It simply pro­ beneficiaries of said judgment, may be used for the employment of the cler­ vides an appropriation to enable the Secretary of the Treasury to ical force necessary therefor in the Office of India.n Affairs. pay a bill that has been allowed by the Interior Department, but For the resurvey and ma!king of the S?u.tJ;tern a_nd western boU:Ddaries of the Uintah Indian Reservation from the m1tial pomt on Green R1ver to the owing to a technicality the Treasury Department think they have intersection of said boundary line with the range line between ranges 6 and no authority to pay it. I would like to have read two communi­ 7 east of Sac and Lake mer1dian, Utah, an estimated distance of 135 miles, cations bearing upon the subject, which explain very fully the at $40 per mile, and for the field examination of said resurvey, $6,00>. nature of the claim. Mr. MARSHALL. I offer the following amendment, and ask The Clerk read as follows: the Clerk to read it. DEPARTMENT OF THE L\~ERIOR, The Clerk read as follows: Washington, January 29, 1902. After the word" dollars," in line 22, page 43, add as follows: The COIDIISSIOl'l'li:R OF INDIAN AFFAIRS. S:m.: I am in receipt of your report of the 15th instant, on the application For the resurvey of the outboundaries of the Devils Lake Indian Reser­ of Hon. CHARLES H. BURKE, of the 16th ultimo. for review of the Department's vation and the resurvey of the interior, standard, meander, and section action of MaylB,1901,on the claim of Josef Htainerfor materialandlabor fur­ lines (including the survey and subdivision of the olq Fo:t Tottep. Military nished in the repair of certain school buildings at the Cheyenne River Reservation) and for the office work and field exammahon of said surveys Agency, S. Da.k., m July and,August.1l92. and resurveys, $12,00>. The facts and a full statement of the case were set out in yom·letter or May The CHAIRMAN. The question is on agreeing to the amend­ 9 1901, but the same were not deemed sufficient to justify an allowance of the claim by the Department, notwithstanding yom· favorable recommen­ ment of the gentleman from North Dakota [Mr. MARSHALL]. dation for its payment, and the same was returned to yom· office without apr The amendment was agreed to. provaL 1902. CONGRESSIONAL RECORD-HOUSE. 2003

On a review of the facts then submitted and further examination of the been opposed to this policy of educating an Indian at a distanpe case and of the statement of Mr. BURKE, from all of which it appears that from his native place, removing him from his regular environ­ the Government received full value of the claim, and that the same was not at the time allowed on the technicality that the buildings were damaged by· ment, and bringfng him up within an atmosphere that can never a cyclone "during the erection of the "buildings and before their completion possibly aid him in his future struggle for bread. and receipt by the Government:" and that the claim was not a proper one for the consideration of your office, but was a matter for Congressional ac­ I think the experience of all men with the actual Indian re­ tion. turned to his former surroundings will bear me out in the asser­ The facts are that the buildings were originally erected by Mr. Stainer tion that this foreign education has done the Indian boy or girl under a contract with your office and were completed and ready for delivery to the Government within the period specified in the contract, and notice no earthly good, nor has their return aided or honored their tribe thereon given to the Indian agent in charge, the keys being turned over to or benefited the community. him on the date of completion; but that owing to some delay in the appoint­ Isolate them in their youth, educate and clothe them, return ment of an inspector to examine the buildings preparatory to their transfer to the Government the same were not formally turned over. them to the reservation, and their subsequep.t history is known to During this period of delay the buildings were damaged by a cyclone, and all men who know poor human natm·e, whether they ever saw an Mr. Stainer was called upon to repair the damage, which he did at an ex­ Indian in their life or not. What is the result? He learns clean­ pense of $278.37, for which he now asks reimbursement. liness and returns to his Indian home with its dil·t, its squalor, It appears that the buildin~s were constructed and completed and ready for delivery, in accordance WJth the terms of the contract, eight days before and its vermin. What is left to him or her? The suggestion is the cyclone by which they sustained the damage referred to. I am, therefore enough. The boy has learned to read and write, to cipher, and of the opinion that Mr. Stainer is entitled to compensation for the repairs thus required of and made by him, and authority is granted for the settle­ sing a song and smoke cigarettes, as suggested to me by my friend ment of his claim, payable from the appropnation "Education, Sioux here; and we are spending these hundreds and thousands of dol­ Nation." lars, and-I hear no protest from my friend from illinois. The ~p~s submitted are returned herewith. V ery 'respectfully, Mr. CANNON. Will my friend allow me to interrupt him? THOS. RYAN, .Acting Sec1·etary. Mr. SMITH of Arizona. Certainly. Mr. BURKE of South Dakota. The letter just read very fully Mr. CANNON. Commencing in 1886, by a report I made, in sets forth the facts in the case. I ask that the other letter may connection with other members of a special committee, after full be printed in the RECORD. I ask unanimous consent that that examination, no Congress has passed-and I have been in from may be done. that time to this-but what I have protested, and I now protest, The CHAIRMAN. Without objection, the paper presented by that I think it is the highest character of cruelty to take people- the gentleman from South Dakota will be printed in the RECORD, Mr. SMITH of Arizona. I am glad to hear the gentleman as desired. say so. There was no objection. Mr. CANNON (continuing). And give them a finished educa­ tion that do not know how to work, and send them back to the The letter is as follows: tribes, where it is a matter of pride that the young men there put TREASURY DEPARTMENT, OFFICE OF AUDITOR FOR THE INTERIOR DEPARTMENT, on the blanket, and in many instances the young woman shall be Washington, D. C., February 15, 1902. prostituted. Srn: Replying to your oral request for information concerning a claim of Mr. SMITH of Arizona. I am glad to see that the gentleman Josef Stainer, I have the honor to advise you that there is now pending in this office for examination and settlement a. claim of said Josef Stainer for feels in this exactly as I do. I wish in all that time. with his labor and material used for making repairs to school buildings Nos.l, 2, and great, and justly great, influence in this House, he had long ago 3, at Cheyenne River Agency, S.Dak., damaged by windstorm and cyclone persuaded it to quit this sort of business. _ on the night of July 19. 189"2. This work was done by Mr. Stainer from July Now, gentlemen, this sort of education does no earthly good. 25 to Au~t 12, 189t. 'rhe claim has been approved by the Secretary of the Interior m the sum of $:..'71:1.37, as will appear from letter of the Secretary of the These children are taken away from their native place, without Interior addressed to the Commissione1· of Indian Affairs, dated January 29, consent of their friends, and against the natural and often ex­ 1902. copy of which is inclosed herewith. If this claim is examined and settled in this office at the present time, and pressed opposition of the parents. They may obtain some sort of it is found that it can be allowed, it will have to be reported to Congress un­ consent, but neyer the free, voluntary will of any one of them. der section 2 of the deficiency appropriation act of July 7, 1884 (~Stat., 254), They are brought here by force; they are educated by force; they and can then be paid only after anappropria tion shall have been made therefor. are made a show of by force, and humane and misguided people Respectfully, R. S. PERSON, Auditor. take great delight in showing him with his cut-off hair and new Hon. CHARLES H. BURKE, clothes as evidence conclusive of his ultimate betterment in life. House of Repn~.sentatit:es. Look at them, Mr. Chairman, when they go back from these 1\fr. SHERMAN. Mr. Chairman, I believe that ought to have schools. The gentleman from Illinois [Mr. CANNON] has stated gone, as a separate bill, to the Committee on Claims. It seems to with great power and force what their condition is sure to be. I me it is a claim pure and simple; but the justice of it is so appar­ protest here in the name of the Indian himself, in the name of ent that I shall not insist on the point of order, and I withdraw it. the boy and the girl, for the Lord's sake and humanity's sake The CHAIRMAN. The question is on the amendment offered educate them in the environment where they have to live; quit by the gentleman from South Dakota. this business of taking them off to the East and teaching them The amendment was agreed to. song and the multiplication table and algebra, and even higher The Clerk read as follows: education. For support of 150 pupils at the trainin!I school at Cherokee, N.C., S25,ffi0; What good does such education do them either East or West? for pay of SUJ.>~rint. endent of said school, 1,500; for general repairs and im­ They can do the East no good by it. They can do no good in the p_rovements, ~,000: for heating plant. $2,500; fo~ erection of girls' dormitory, $10,COO, to be rmmediately available; mall, 40,3."A). East with it. It destroys their ability to live in happiness or peace among their own. What good does it do his tribe? But Mr. SHERMAN. I desire to offer an amendment to correct a where you have a school, where he can see it close to the white mistake in the computation. man's home, where he sees the work going on, where there is the The Clerk read as follows: church, the plow, the anvil, and the schoolhouse, it does him On page 48, in line 14, strike out "forty thousand three hundred" and insert ·'forty-one thousand." good or may do him good. The amendment was agreed Let him see how education is obtained, let him see every day to. what civilization means, and then he himself will in time proba­ The Clerk read as follows: bly want to learn to read. I would not give one good working For support of Indian industrial school at Carlisle, Pa., for transportation of pupils to and from said school, and for general repairs and improvements. Indian for the sweetest songster among them all He will do $149.000; for additional salary of any military officer of Carlisle Indian Schcol more to elevate his tribe than all the philosophy, all the mathe­ while acting as superintendent of said school, $l,OOJ; in all, $150,00J. matics and geometry you may teach him in a thousand years. The CHAIRMAN. Debate on this amendment is exhausted. The best Indian that I ever saw on the San Carlos Reservation­ Mr. Sl'tllTH of Arizona. 1\fr. Chairman, I have been so opposed and he had the best schooling for what lay before him in life, and to the education of Indians under this provision that I would like that was four years in the penitentiary [laughter] , where he to move to strike out the paragraph. learned discipline-learned to work and obtained something to I do not want to detain the committee, but it is a motion which live upon. I have made ever since I have been here, particularly as to the This school at Carlisle and every one like it is the outgrowth of Carlisle and the Hampton schools. I would like to raise the sentimentalism. The motives and principles actuating these peo­ point of order against the "transportation of pupils to and from ple are of the very highest, but their knowledge of the question said school" and for "additional salary of any military officer of is of the very narrowest. Now, l't.fr. Chairman, this appropria­ Carlisle Indian School." Is not that new legislation? It is cer­ tion ought to be stricken from the bill. The Government ought tainly as new as the legislation touching the Gila River dam. not to pay one cent for this Carlisle school. The children ought Mr. SHERMAN. Well, it is the same as for several years. to be kept and educated near the reservation. Mr. SMITH of Alizona. There is no law for it. Mr. LACEY. Will the gentleman allow me a question? Mr. SHERMAN. There is no change in any particular from Mr. SMITH of Arizona. Certainly. the law of last year, neither in phraseology nor amount. Mr. LACEY. Did the gentleman ever visit the Carlisle school? Ml·. SMITH of Arizona. Just a word, and I will not detain Mr. SMITH of Arizona. I never have. the committee. I move to strike out the section. I have always Mr. LACEy. I advise the gentleman to go there. 2004 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 20,

Mr. SMITH of Arizona. Did the gentleman from Iowa ever against theory and sentimentalism. Mr. Chairman, the statistics visit the San Carlos Reservation? taken from the returns of the superintendents of every grade of Mr. LACEY. I never have. school in this country bear out the assertion that the education Mr. SMITH of Arizona. Then I advise the gentleman to go so far provided for the Indian is far above their expectations, and there [laughter] and lea.rn something about an Indian. if continued will bring about the result most desired, the ultimate 1\fr. LACEY. I made the suggestion to the gentleman in good welfare of the Indians themselves. I trust the amendment of the faith, for I have heard him make this same speech, or one like it, gentleman from Arizona will be voted down. a number of times. 1\Ir. LACEY. Mr. Chairman, I believe debate on the amend­ Mr. SHERMAN. Mr. Chairman, I rise to oppose the amend­ ment is exhausted. I therefo1·e move to strike out the last word. ment offered by the gentleman from Arizona. The report of the My friend from Arizona [Mr. S:nrrH] has been side by side with Commissioner of Indian Affairs for this year is the strongest ar­ the Indian problem in its worst form-the Apache form. He has gument in favor of the continuance of the present Indian-school seen the Indian in his worst capacity, in his most crueland wicked policy. The Commissioner, in his report, says the object of edu­ state. He measures the entire Indian race by the lowest of all cation is civUization, the object of civilization is to make the In­ standards. And yet the very Apache himself, when "caught dian self-reliant, self-supporting, and independent of further young '' and taken to Carlisle, has shown a development that is bounty on the part of the General Government. The present sys­ remarkable. tem of industrial schools is for this purpose, and the result seems Mr. SMITH of Arizona. What does he show after he gets to indicate that it is successful. back? In reference particularly to nonreservation schools he says: Mr. LACEY. I first went to Carlisle with some prejudice-a The class of largest Government Indian schools is located off the reserva­ prejudice generated by the gentleman from Arizona-for I knew tions and usually near large cities and centers of wealth and culture. These schools are supported by transfers from the reservation day and boarding his usual fairness, and I had heard him describe these Indians in schools, although many children are taken directly from the camps. They his graphic way. Therefore the first persons I saw at Carlisle correspond more nearly wij;h the p-eat industrial and reform schools of the were the Apaches. I asked Captain Pratt to show me one of the States. Military discipline is mamtained and thorough obedience to civil authorities inculcated. Literary training is subordinated to that for the in­ " Gila monsters" from Arizona-the Apaches. He took me dustries. The majority is equipped with shops for shoe and harness making, round and introduced me to an Apache boy, and then to some carpentry, blacksmithing, wagon making, and the teaching of ot.her useful others of the same tribe, and after that to some Apache girls. trades. Several have large domestic buildings adapted for the tea.ching of elementary and scientific cooking t.o the girls. These establishments are And I was astonished, Mr. Chairman, to find that the kindest, the modeled after the most approved method. best, the most agreeable faces I saw in that school were upon Connected with the largest of these institutions is the "outing system" of Apache shoulders. This was an entire surprise to me. placin~ boys and girls for stated periods with families throughout the sur­ rounding country. Here they are taught the duties of farm hands and do­ Since then I have visited that school repeatedly; and to say to mestics. In these good homes they are in constant touch with the highest me or to you, Mr. Chairman, or to the American people generally, type of the American farmer. The sturdy integrity of this class is impressed that to withdraw a savage from his unwholesome environment by every-day example. They receive a certain compensation for their work, and place him for four years in such surroundings as those at which is deposited t.o their credit with the school, and the value of labor and money is taught them. Many, at the same time, attend the white public Carlisle-to give the girls summer outings among the Quaker schools. When the "outing system" can be adopte~ through the coopera­ families of that country-is injurious to them, is to fly in the very tion of the white people, it forms a happy medium of rmparting the lesson of face of our civilization. Those girls are sent out in the summer. Americanism. They go into Quaker families; that is, they generally prefer the Mr. Chairman, the Commissioner argues that the environment Quaker families. They learn to churn; they learn to sew; they of the reservation is not productive of the advancement of the learn to knit; they learn to keep house. When the fall comes Indian, but the reverse. He says: they go back to school. They are thus thrown into surroundings The industrial feature of Indian schools does not appeal to him, as the savage rarely earns his living by the sweat of his brow. The women of the that they have never seen before. tribe are generally the breadwinners when manual labor is required. It is true that the attempt is perhaps made to elevate them too Now, Mr. Chairman, during the last year, less than twelve fast. Therefore my friend says that the best school for the Indian months ago, the various superintendents of schools have been called is four years in the penitentiary. upon to make investigation and report the result of a school sys­ Mr. SMITH of Arizona. I beg the gentleman's pardon. I never tem, both as to reservation and nonreservation, day and board­ ma.de such a statement. ing school. They were asked to classify the students under three Mr. LACEY. Did not the gentleman say that the best educa­ heads, "Excellent," "Fair," and "Poor;" and here is the result: tion for the Indian was the education in the penitentiary? Mr. SMITH of Arizona. I said that the best Apache I ever On April15, 1001.1 a circular was addressed to all "Indian agents and bonded superintendents or reservations," stating: saw- the best natured and the best educated-was one who had "In order that this office may form a just estimate of the relative merits spent four years in the penitentiary. of the different methods of educating Indian children and the value of those Mr. LACEY. And does not the gentleman hold that there is methods in their relation to after effects upon the character and life of those who have attended the reservation and nonreservation schools, you are di­ a still better than the educated Apache-the dead Apache? rected, immediate!¥: upon receipt of this circular, to make a careful canvass Mr. SMITH of Arizona. I will not dispute the gentleman's of all returned pupils from nonreservation schools now living upon the res­ word on that point. ervations under your charge, and upon the within blank give their names and the information as indicated on same. Mr. LACEY. My friend'~ solution of the Indian problem is "You will be careful t.o give briefly your estimate of their character and the penitentiary on the one hand or the grave on the other. conduct with reference to the results of their educational course at the school l\Ir. SMITH of Arizona. Or raising them in a hothouse. attended, using the following terms in their arbitrary sense, as follows: 'Poor,' that the returned pupil has not been, so far as his life and actions Mr. LACEY. That is the very cheerful view that the gentle­ are concerned, in any manner benefited by the education which the Govern­ man takes of the situation. We owe an obligation to this race. ment has given him; 'fair,' that while the results of his education have not We are occupying soil that belonged to them. We have treated been goo~ they have yet raised him somewhat above the level of Indians in the same environment; 'good ' that the returned student has made such aver­ with them; we have endeavored to elevate them in times past. age use of the advant.agesandfacilities~ivenhim at the schools attended that The blood of some of the best men who ever sat in the House of he may be said to com:pare favorably With white boys and girls under similar Representatives has been mingled with the blood of the Indian. circumstances; that his course of life and actions smce his return to the res­ ervation indicate that his career is that of the average white man; 'excel­ A gentleman from Virginia, a leader on one side of this House, lent,' that the results of the educational methods in his particular case have not very long ago traced his ancestry to Pocahontas, and he did demonsb·ated that he has taken full advantage of them and he stands out it proudly. above the average of returned students, and would be classed, if in a white neighborhood, as a man elevated somewhat above those with whom he is I say, then, that there is no natural hostility to the Indian brought in contact." tribes among the white people except that which is generated by FI·om the data thus obtained statistics relating to returned Indian pupils being brought side by side with them in their savage stat3. Does were collated, from which it appe..'trs that the Government officials, who are thrown in immediate contact with this class of Indians, rate 10 per cent as it follow, because of the characteristics that the Indian exhibits "excellent," the results of the educational methods demonstrating that they in the savage condition, that an Indian who has spent four years have taken full advantage of them, standing out above the average returned in the penitentiary is better educated than one trained at such a pupils, and would be classed, if in a white neighborhood, as men and women elevated somewhat a hove those with whom they are brought in contact; 76 per school as Carlisle? cent compare favorably with white boys and girls under similar circumstances, I have advised the gentleman from Arizona to visit Carlisle. I and indicate by their actions, since their return to the reservations, a career would be glad to have him, go there, because he is a gentleman similar t.o that of the average white man; 13 per cent have raised themselves somewhat above the level of the Indians in the same environment, but the of ability and culture; and I believe that the cloud of prejudice results of whose education can not be said to be good; 1 per cent have not which has obscured his vision in the past would fade away if he been, so far as their lives and actions are concerned, in any way benefited by should spend a few days in the wholesome surroundings of that the education which has been given them. The plan of the Indian Department relative to the civilization of these peo­ splendid school, which is a credit to the people of the nation. ple is predicated upon the theory outlined. This plan was J.lractically begun Mr. SMITH of Arizona.. But what becomes of those children about twenty-one rears ago, when there were not 5,lod~ed. care of the pupils in this and every othernonreservation school at Books and all the accessories of learning are given him and teachers proVIded a distance, and to give that and all similar schools away. I be­ to instruct him. He is educated in the industrial arts on the one hand, and lieve if that were done the Indian would be benefited more than not only in the rudiments but in the liberal arts on the other. Beyond "the three r s" he is instructed in geography, grammar, and history; he is taught we can at all estimate. [Applause.] drawins-, algebra and geometry, music, and astronomy, and receives lessons Mr. MORRELL. Mr. Chairman, in support of what has just in phySiology, botany, and entomology. been said by the gentleman from Arizona, I should like to say Mr. SMITH of .Arizona. No wonder they look so pretty to my that practically the same conditions exist, and the result has been n·iend Mr. LACEY. the same, in the Standing Rock Reservation, inNorth Dakota, in re­ :Ml·. FITZGERALD. What a picture of the noble red man! gard to pupils returned from the Eastern schools. I have visited Matrons wait on him while he is well and physicians and nurses attend different reservations at various times, and at the last visit that I him when he is sick. Asteamlaundrydoes hiswashingand the latest modern paid to the Standing Rock Reservation an Indian dance took appliances do his cooking. A library affords him relaxation for his leisure place. These dances are only allowed on particular occasions, hours, athletic sports and the gymnasium furnish him exercise and recrea­ tion while music entertains him in the evening. when the agent gives special permission. At these dances the He has hot and cold baths, and steam heat and electric light, and all the Indians wear their tribal costumes, and at this particular dance ,, modern conveniences. All of the necessities of life are given him and many of the luxuries. All of this without money_and without price, or the contri­ at which I was present the Indian who went to the greatest ex­ bution of a single effort of his own or of his peo:ple. His wants are all sup­ ti·eme in the dance, who wore the least clothing, and who was to plied almost for the wish. The child of the Wigwam becomes a modern all intents and purposes the most ferocious of any of those en­ Aladdin who has only to rub the Government lamp to gratify his desires. gaging in the dance, was a high-honor man from one of the East­ Early in the day I read the following portion from the Com­ ern universities. That is just an example. missioner's report, but I think it fits in here very nicely. In conversation with the Indian agent and in conversation with The CHAIRMAN. The time of the gentleman has expired. the military authorities, it was their tmiversal opinion that the 2006 CONGRESSIONAL RECORD--HO.USE. FEBRU~Y 20,

Indians who returned from the East-ern schools relapsed in a very is the view of the Commissioner, and I believe it is the sentiment short time, after they had become disgusted with their coming of the House, and when we can get a recommendation we ought, back to their home surroundings, into a worse state of barbarism rather than pull down, to add to the reservation schools, both in· than those who were living on the reservation. At this particu­ dustrial and day schools, and I believe that when we have done lar reservation, at Standing Rock, there were 253 self-supporting that we will &'l.ve the country half the expense carried in this bill Indians_:_Indians who did not cost the Government one cent for and do double the amount of good that we do under the present their support. As far as I could learn, there were none of those system. [Loud applause.] who had returned from Eastern schools. They were all those who The CHAIRMAN. The question is on the amendment offered had been brought up in the schools on the reservations. by the gentleman from Arizona. Now, I understand it is the policy of the Government, as soon The question was taken, and the amendment was rejected. as possible, to divide these lands in severalty. If they are divided The Clerk read as follows: in sel"eralty, that means that the Indian will have to engage in For support of 00> Indian pupils at the Indian school at Chilocco, Okla., farming or stock raising. To what extent does the education $100,200; for pay of superintendent at said school, $2,200; for general repairs and improvements, S-:1,000; for addition to boys' dormitory, $4,500; for addi­ that these kdians receive at the Eastern universities fit them for tiona.l building, $-1{),000; improving steam plant, $7,500; machine shop, $2,000; taking up this farm life? Very little. The education that they in all, $U0,400. get in these universities gives them the skill to operate intricate :M:r. SHERMAN. I offer an amendment simply to correct the ma-chinery and possess a knowledge of the different sciences, and, computation. as has just been explained by the gentleman from New York The Clerk read as follows: [Mr. FITZGERALD] they are made so dependent upon the luxu­ On page 49, line 12~ strike out "one hundred and forty" and insert in lieu ries of the twentieth century that they are practically unfitted to thereof • one hun-drea and fifty-nine." go back and engage in farming. Therefore I should like to say that, from my own personal observation and fTom what I have The question was taken, and the amendment was agreed to. learned from questioning those who have had great experience in The Clerk read as follows: For support and educ..'t tion of 300 Indian pupils at the Indian school, Genoa, these matters, I am heartily in a~ord with the gentleman from Nebr., $50,100; for general repairs and improvements, $5,CXXJ; for pay of super­ Arizona [Mr. SMITH] . intendent of said school, $l,'i00; for boiler house and boilers, $10,0CO; in all, Mr. LITTLE. I move to strike out the last word. $(l6,800. Mr. Chairman, I feel that I ought at this time to say something, Mr. BEL.L. Mr. Chairman, I offer the following amendment. not so much in justification of this bill, but to indorse the purpose The Cl~rk read as follows: as announced by a number of gentlemen on this floor, to inaugu­ Add as a separate paragraph, between lines 21 and 22, on page 50, the fol- rate a policy, in so far as it can be done practically, to force the lowing: · "For support and education of 175 Indian pupils at the Indian school at education of the Indians upon the reservations, or, if upon alloted Grand Junction, Colo., $29,225; for pay of superintendent at said school, lands, then in the communities in which they live. ~1,500; for general repairs and improvements, $3,500; for laundry, $2,500; for I realize, evidently as the House realizes, that we can not at rmprovement of water system, $8,CXXJ; for improving the sewerage system, including purchase of larid, or rights of way, if necessary $10,(Kp, or so much this time with one blow strike down these schools mentioned in thereof as may be required: Provided, The Secretary or1 the Interior shall the bill. I had the honor, and was pleased that it was adopted, to thoroughly investigate sewer conditions at this school, and if deemed advi& offer an amendment to this bill directing the Commissioner of In­ able maintain the present arrangements, with such improvements as may be dian Affairs to give to Congress a detailed report at its next session deemed essential; in. all, $54,725." of the conditions upon the various reservations in the country Mr. BELL. Mr. Chairman, this provision belonged in the bill where it is feasible and practical to carry out a system of schools originally, but because of some dispute about the conditions of upon the reservations. There are two extremes, both of which the sewer system it was left out of the bill until information are wrong in this discussion. The schools we have are doing could be obtained. Since the bill was formulated the necessary much good. Conditions are different in nearly every reservation. information has been gotten, and this amendment has been drawn Conditions that suit one do not meet the necessities of the other. and is recommended by the Commissioner of Indian A.ffah·s with But I believe it to be the true policy, as indicated by the Com­ the approval of the Committee on Indian Affairs, as I under­ missioner of Indian Affairs, that where it can be done the school stand it. ought to be carried to the Indian rather than the Indian to the Mr. SHERMAN. That is correct. school. The common schools throughout the country seem to Mr. BELL. There is no objection to it from the Committee meet the demands of the great population of our white people, on Indian Affairs, and it is the wish of the Indian Department and where it can be done, why not inaugurate a system of day that it be passed in this way. It is one of the standard schools, schools, or industrial schools, on the reservations, in the midst with 175 pupils, well equipped, and it was simply left out, as I of the Indian settlements, where the contrast will not be so say, awaiting information which the committee wanted. great between the child, as now when he returns from school, The question was taken; and the amendment was agreed to. and the parent, and enable the one who is being educated to up­ The Clerk read as follows: lift the entire tribe? I think that to be the best policy, and I For the support and education of 120 Indian pupils at the school at Hamp­ think it can be done and produce much greater and more desirable ton, Va., $20,04:0. results with half the expenditure that we are now making under :Mr. LITTLE. Mr. Chairman, I move to strike out this pro­ the present system. vision. This is a motion that I have had the honor to make for I have no hesitancy in saying that when I feel I have sufficient about three years. It is not a Government school and not under information that we can go along fairly and justly and properly the supervision of the Government, but is a contract school, and, in this direction with the Indians, so far as what little effort I in my opinion, in opposition to the existing law, and ought to be can make to put it in that direction, I will use it to force the local stricken out. education of the Indians. When we do that we will begin put­ Mr. SHERMAN. Mr. Chairman, I differ in the conclusion of ting around them the environments of citizens in the midst of the gentleman fl'Om Arkansas, although not in his statement of the tribe, where the parent is not embittered by taking the chil­ facts. It is a contract school; it is a school in which are educated dren away from them for years, so that they may not be seen by four times as many colored boys and girls as there are Indians; them, and where they can themselves visit the little schoolhouse, but, Mr. Chairman, it is one of the best manual training schools see the advancement of their children, where they can go to and in this country. Many members of the committee have been there fro if necessary, and if necessary have compulsory attendance in on more than one occasion. - Qertain instances. If we do that, we will begin to build up a I have been there two or three times myself, and the conclusion spirit of advancement in the tribe that will after a few years I reached after being there, Mr. Chairman, was that the education control. of Indians there in connection with the colored children was to I indorse most heartily the sentiment that is expressed about the advantage of the Indians, and, as a matter of fact, we appro­ the boy on the return to his tribe-he can bring the tribe up to priate much less for the support of the same number of Indians his standard, and not go to theirs. But a system can be inaugu­ than we appropriate in any other Government school. It costs rated in connection with these schools to have industrial or day us less to educate the Indians at Hampton than in any of our own schools, and when a boy exhibits special or requisite qualities he schools, for the reason that the school is largely supported by could be educated in some advanced school, and return to his charity and that charity is extended frequently to a large extent reservation as a teacher and uplifter of his people. That is done by reason of the fact that there are Indians there as well as col­ under the present system in many instances, and I believe if we ored children. could break down the en1-ITonment that stands behind these big I think the school is doing a splendid work, and many of the schools and adopt a practical, earnest policy it would elevate the pupils are from the Southern States, where the climate differs entire tribes of Indians. from that where most of the other schools are situated; and it is I believe when that can be done it will result, in a few years, in better for the health of the pupils that they should be loc.ated very great good to the Indians and a great reduction in expenses. there than to be sent to the Carlisle schopl or any other school When we have full details and we can have full knowledge of north of Mason and Dixon's line. conditions in the various tribes we can proceed with safety. That Mr. LITTLE. May I interrupt the gentleman? 1902. CONGRESSIONAL RECORD-HOUSE. - 2007

Mr. SHERMAN. Certainly. I am as much a friend of Indian education as my friend from Mr. LITTLE. I would like to ask if this provision is not in di­ Iowa is. We proceed on very different lines. rect contradiction to the announced policy of Congress against Mr. LACEY. In reply to my friend from Arizona [Mr. SMITH] contract schools? I wish to say we do not proceed on entirely different lines. I am Mr. SHERMAN. No; the Government has never made any as heartily in favor of the local education of the Indian as he is. declaration against contract schools. It has made a declaration I believe it is essential that we should bring education to the against sectarian schools. home of the Indian. But because we want to continue to educate Mr. LITTLE. That is the same thing by a different name. the Indians at home, on the reservations, it does not follow that Mr. SHERMAN. I think this is in no sense a sectarian school. the plan of selecting young Indians and giving them the oppor­ Mr. LITTLE. The purpose of the Government by that decla- tunities they have had at our general training schools should be ration was simply to put the school in the hands of the Govern­ abandoned. If the Indian boy or the Indian girl attend school ment officers who would handle and dispose of the money appro­ near their homes, then, at night or on Sundays, they are back priated for the school. with their families, so that indirectly the entire family shares the Mr. SHERMAN. The distinct declaration was that the Gov- benefit of the education that the children are receiving. ernment should not hereafter appropriate for sectarian schools. I do not wish this committee to understand for one moment, as Mr. LITTLE. That is true. . my friend assumes, that those who are in favor of the Carlisle Mr. SHERl\IAN. I hope the amendment will not prevail. school are opposed to the local education of the Indian. Not at Mr. LITTLE. I think this comes very near, if not quite, be­ all. Such schools as that at Carlisle are really an adjunct to the ing a sectarian school. · local education of the Indian. The local education is tm impor­ The CHAIRMAN. Does the gentleman from Arkansas with- tant thing after all. You must bring to the Indian childl·en in draw his amendment? their home communities the opportunity for education if you Mr. LITTLE. Oh, no. would elevate the entire race. The CHAIRMAN. What is the gentleman's amendment? The boys who are educated in the home school have, during the Mr. LITTLE. To strike out lines 22, 23, and 24 on page 50 of evenings or on holidays, the opportunity to do something else the bill. than study their books. They have the opportunity to continue The CHAIRMAN. The Clerk will read the amendment. that family relation which will be elevated and benefited by the The Clerk read as follows: education that the Indian boy or the Indian girl receives in the On page 50 strike out th1llast three lines. local school. So that it does not at all follow that if you are in The question was taken, and .the amendment was not agreed to. favor of the local schools you should desire to break down these The Clerk read as follows: central schools; nor does it follow that because you are in favor For support and education of 750Indianpupils at the Indian school, Haskell of the central schools the local schools should be abandoned. Institute, Lawrence, Kans., for transportation of pupils to and from said These two classes of schools should move hand in hand. school, $100.250; for pay of superintendent at said school, ~.; for tile drain­ Mr. MAHON. Mr. Chairman, I do not know·anything about ing farm, $5,00>; for construction of cisterns, $3,00>; for boring deep wells, $3,00>; for general repairs and improvements., $10,00>; in all, $153,200. the Indians on the reservation.s. I live within a few miles of a school in which there are 1,100 Indian youth-the Carlisle School; Mr. BOWERSOCK. Mr. Chairman, I offer the following and I think if the gentleman from Arizona would visit that school amendment: several times he would change his opinion. The young Indians In line 2'3, after the words "ten thousand dollars," insert "for the purchase of 328 acres of improved land, more or less, adjoining land now belonging to are brought there with the blankets on them. Some of such the United States, $00,00>, to be immediately available." youths graduated last year in the senior class of Dickinson Col­ And change total to read "in all, $183,250." lege. They go away from that institution well educated. While Mr. FITZGERALD. Mr. Chairman, I make the point of order there they come into contact with our civilization. They get an onthat- education outside of that which they would get on the reserva­ Mr. CURTIS. This is not subject to a point of order, Mr. tions-education by observation. During the summer months­ Chairman; this is the same amendment that was agreed to in 'the vacation months-the demand from the farmers and business the committee, but the item was not inserted in the bill because men of that vicinity for these Indian boys and girls is so great we wanted to get an option on the land. that Colonel Pratt can not supply it. They are taken out of the Mr. FITZGERALD. I withdl·aw the point of order. institution and placed in the homes of the white people of the The question was taken, and the amendment was agreed to. neighborhood. Mr. SMITH of Arizona. 1\Ir. Chairman, I move to strike out Thus they go into the homes of the farmers-some of the best the last word. The speech of my friend from Iowa [Mr. LA.CEY] in the Cumberland Valley. They go into our banks, our mercan­ has probably impressed on the mind of the House a false idea of tile houses. They see how the white people live. At the end of my attitude in regard to the question of Indian education. I shall four years these Indian boys and girls have been thoroughly edu­ not detain this committee long with an explanation. I have al­ cated, not only in book knowledge, but in the industrial arts. ways been a very ardent advocate for whatl considered the sensible They become fine mechanics, wagon makers, harness makers; education of the Indian. they become adepts in all the trades that are carried on in that I have been a determined enemy of what I call his sentimental great institution. Colonel Pratt, an officer of the Regular Army, and foolish ed"Ucation. I have not lived only among the Apache who is in charge of the institution, says in his report that 92 per [ndians or in their neighborhood, for around me everywhere are cent of all the boys and girls educated there become useful citi­ Indians whose just boast is that they have never seen the color of zens. Not many of them.(there may be a few) go back and take a white man's blood. They represent the pastoral, peaceful, up the tribal relation. kindly, humane Indian. That is the one I was speaking for this Now, Mr. Chairman, after that ca1·eful education, after they morning. It is the one for whose sensible education I wa-s trying have lived like our people, educated by observation and by teach­ to provide; but I found the rule of this House prevailed against ers in that school, if that will not civilize and make citizens out me. It has not been invoked, however, in opposition to this beau­ of these Indians, what in the name of God will do it? The gen­ tiful warm-ba.th education, this hothouse education, of which my tleman has tried the schools in the reservations of the tribes. I friend from Iowa is so ardent an advocate. make no opposition to them, but just so long as these people are My idea has always been and is now to educate the Indian at kept in these schools on the reservation they will hold fast to their home, to educate him in the environment in which he is to make tribal traditions. Take 1,000 white boys and girls from the civ­ his living; to raise the tribe in this way at once, if we can ever ilized part of the country and put them on a reservation of 100,000 raise it; to keep the Indian associated with those who have done a<:.res and fence them in, and by the time they reach the age of 20 something toward his education, and not let him drift back to or 25 they will have lost all the good they would have received if mendicancy and dirt and filth and beggarly degradation. they had been raised and educated at the home they came from. -. I have pressed the question on my friend from Iowa, What be­ Now, with the gentleman from Iowa [1\Ir. L.A.CEY], I have al­ comes of the young Indian educated a.ccording to his system? ways voted and will vote to support these schools on the reserva­ He has never answered that question. The answer which the tions. They can go so far, but no further; but do not take away chairman of the committee has undertaken to give comes alto­ these higher schools, which means an education for the Indians gether from men and women who are making their living out of which you can never give them in the schools on the reservations. this system of education. I have sought to bring out the results Does he tell me that the schools on the reservations could educate of the education gentlemen talk about, after these Indian youths the Indian boy so that he could pa-ss through the Dickinson Col­ have left school. lege at Carlisle and graduate with high honors? That is not an That is the system which I inveigh against. Indian youths so uncommon thing for him to do to-day, and if I had time_to fur­ educated can do no good in white communities; they can do no nish statistics, I could show you that the Indian boys all through good at home. By such education you make of Indians unhappy our country and in other parts of this country are in banking in­ men and women Indians. You place them in a position where stitutions, they are can-ying on trades, and I am one of the men they can not make their living. You condemn them to everlast­ who believe, and always have, if you are going to break up these ing degradation when they get back among their people at home. tribal relations and lift these Indians out of the place they have 2008 CONGRESSIONAL RECORD-HOUSE. FEERUARY 20, been in for a hundred years, that the way to do it is to·take their In the volume of the annual reports of the Department of the children who want to go and educate them to a higher life and Interior for 1900, including the report of the Commissioner of In­ higher civilization. dian Affairs, with the indices, it appears that this Snyder was I would refer the gentleman to the report of Colonel Pratt on upon the rolls as an employee of the Department on the 30th day the Indian schools. If the gentleman will read that, he will find of June, 1900, some twenty-six days after this report was made. that a tab is kept on every boy and girl in that school, and if you To-day I telephoned to the Indian Office to ascertain whether this will refer to Colonel Pratt, he will tell you where they are and man E. C. Nardin was at present in charge of the Mount Pleasant ... what they are doing. Now, I visit that school frequently. I Training School, and from the office I received the information have seen Indian boys come in there right from the Pawnee Indians, that he was. without any knowledge hardly of the life that we lead, and I say It is with a good deal of delicacy that I approa-ch this subject. that when they retire from there in four or five years they are There are matters contained in this report that are not only not citizens fully equipped for the battle of life. I hope the gentle­ fit to be mentioned in this House, but are not fit to be printed in man will not try to break up these schools. This school that I any report save under exceptional circumstances. refer to is not in my district, but it is right next to me and I have Mr. SHERMAN. Mr. Chairman, if the report of that agent seen enough of it from observation of what is done there and by has any reasonable proof at all to depend upon I agree with the visits paid to the school, to know that the work they are doing gentleman that the person not only ought not to be supe~intend­ there can not be done for the Indians in the schools on the reser­ ent of a school, but he ought not to be in the Indian service or in vations. the Government service; and if there is no other way to get rid The CHAIRMAN. The time of the gentleman has expired. of him than the one you propose I am for that plan, and I wiib­ The Clerk read as follows: draw my point of order. [Applause.] For support and education of ilXl Indian pupils at the Indian school, Mount Mr. FITZGERALD. I just wish to say that although the Pleasant, Mich., $50,100; for pay of superintendent of said school, $1,'i00; for Commissioner of Indian Affairs said, in his report in 1899, that genera~ repairs and improvements, $2,(0}; for enlarging school buildings, $8,£XXl; m all, $61,800. none but strong Christian characters were placed in charge of the Mr. FITZGERALD. I offer the following amendment, which children in these schools, he has known of these infamous prac­ I will ask the Clerk to read: tices for almost two years, and the reward for this man s action The Clerk read as follows: has been his advancement and increase of salary. It is a disgrace In line 23, paae 52, after the word "dollars," add: not only to this Government but to civilization, and J hope to "Provided, T~t no part of the sum herewith appropriated for pay of God such men will soon be turned out of office. superintendents shall be paid to the present occupant of that office." Mr. GROSVENOR. I should like to ask the gentleman a ques­ Mr. SHERMAN. I raise a point of order against that provi­ tion. I have not followed his statement exactly, but is that sion. department of the Government under the civil-service law? The CHAIRMAN. Does the gentleman wish to discuss the [Laughter.] - point of order? Mr. FITZGERALD. Mr. Chairman, I know of no law, civil Mr. FITZGERALD. I ask the gentleman to reserve his point. service or other, that will justify the retention in office of a man Mr. SHERMAN. Very well; I will reserve my point of order. responsible for this. The CHAIRMAN. Does the gentleman wish to discuss the Mr. GROSVENOR. I wanted to know how he got there, and point of order? how he got promoted; that is all. Mr. FITZGERALD. I will first discuss the fact, and then if Mr. FITZGERALD. My impression is that he is not under the . anyone insists on the point of order, I will do so at that time. I civil-service law. think that the facts when disclosed will convince the gentleman Mr. GROSVENOR. How did he get out from under it? that he should not insist upon h.i! point of order. Mr. FITZGERALD. He is probably protected either by the The CHAIRMAN. Does the gentleman insist upon his point of Commissioner or by some one whose influence with the Commis­ order? sioner is so great that he dare not remove him, and the only way Mr. SHERMAN. I reserve my point of order and make no ob­ to get rid of him is by giving publicity to the facts. jection to the gentleman speaking. Mr. GROSVENOR. I quite agree with the gentleman, but The CHAIRMAN. The gentleman may proceed. you will find out that this individual is carefully covered by the Mr. FITZGERALD. Mr. Chairman, this is an unusual amend­ civil-service law. ment, but it is really justified by extraordinary circumstances. Mr. FITZGERALD. Let me call your attention to the .fact It would not have been offered by me if I knew of any other way that the President of the United States removed a so-called his­ in which the superintendent of this school could be deprived of toiian from the naval service because he had cast some reflections his office. He is the man who, according to the official reports on upon a naval officer. I refer to Maclay. file in the Indian Office, is unfit for any position in t;he service. Mr. GROSVENOR. Yes. He is a man who, while the superintendent of an Indian school, Mr. FITZGERALD. A report on file in the Indian Office for has been responsible for and has permitted, through incompetency almost two years says: am1 neglect, the debauchery of the pupils under his control. The Indian police were sent out on this reservation and parents compelled In ttJ.e face of an official report sent to the Indian Bureau by one to deliver up their daughters to the guardianship of Supermtendent Nardin, of its inspectors, showing without question this man's responsi­ who, through incompetency and neglect, permitted them to be debauched. bility, he was not only not removed from the service, but he was Mr. GROSVENOR. That is all right. I quite agree with the transferred to this, a better, school and his salary raised. Had I gentleman, and he need not argue with me about that. What I known these facts in time, I would have gone to the Commissioner want is to get the history of this gentleman, where he came from, of Indian Affairs and insisted upon this man's immediate dismis­ what he gets, and how he came to be promoted. sal. I doubt if it would have done any good, since these facts Mr. FITZGERALD. I have no way of finding out how he have been in his possession since June, 1900. And I will say now, came to be promoted, but if this limitation is put upon this appro­ Mr. Chairman, that I have only become acquainted with these priation he will have to get out. facts since the session began to-day. Mr. GROSVENOR. I think you will find you will have to In 18~9 the present superintendent of the Mount Pleasant In­ take him out from under the civil service then. dian school, located at Mount Pleasant, Mich., was the super­ Mr. FITZGERALD. I say this: In my opinion no member of intendent of the Shoshone Indian boarding school. He received the Indian Affairs Committee is responsible for this. It is infor­ a salary of $1,4.00 a year. ·An indian inspector visited that reser­ mation which is embalmed deep in the records of the Department. vation and reported upon certain abuses existing in that school. The Commissioner had this knowledge. The report was made in He ·made another visit, some time in May or June, 1900. He June, 1900. If the President could remove a laborer, a so-called found at that time that this superintendent had been transferred historian, for an alleged reflection on some naval officer, why not, from the Shoshone school to-the Mount Pleasant Indian school. in the name of God, put out such an official as this? In a report which he made to the Department, dated June 4, Mr. GROSVENOR. It could only be done by a repeal of the 1900, contained in Se:uate Document 201, entitled" Reports and civil service. sundry Jetters and statements of physicians and Indian inspectors Mr. FITZGERALD. Then it ought to be repealed, if it is nec- relative to the conduct and management of Indian schools, the pre­ essary, to stop a thing of this kind. vention of tuberculosis and other contagious diseases therein,. The CHAIRMAN. The time of the gentleman has expired. lack of segr~gation of healthy children, and the appalling mor­ Mr. LACEY. I ask that the gentleman's time be extended. tality from such and other causes, to accompany Senate resolu­ The CHAIRMAN. For how long does the gentleman ask that tion No. 125," of the first session of the Fifty-seventh Congress, the time of the gentleman from New York be extended? printed on the 17th of the present month, he calls the attention Mr. LACEY. For ten minutes. of the Commissioner of Indian Affairs to the condition that ex­ Mr. LITTLE. Until he concludes his remarks. isted at the Shoshone school under this man, in order that he might The CHAIRMAN. Unanimous consent is asked that the timo not be in the dark as to his character and ability. He also refers of the gentleman may be continued until he concludes his remarks. to one C. W. Snyder, an industrial teacher at the Shoshone school. Is there objection? [After a pause.] · The Chair hears none. --

1902. CONGRESSIONAL RECORD-HOUSE. 2009 •

Mr. FITZGERALD. Mr. Chairman, I have ascertained fur­ Mr. LACEY. It is not signed. It is a blank charge, signed by ther that this man Snyder is evidently still in the Government no one. employ. He was the industrial teacher at the Shoshone Indian Mr. FITZGERALD. I will say to the gentleman from Iowa school. The report of the Commissioner itself shows that twenty that if this were in an anonymous report it would justify an in­ days after this report was made he was still in the service. This vestigation. Read the sworn statements of the Indian girls in report says that after seducing an Indian girl he married her, and there, that I would not dare to put in the RECORD. was then in the service. Mr. LACEY. Sworn before whom? This blank inspector? This man Nardin, too, is now in office. When the first report Mr. FITZGERALD. No, sir; taken before Indian Agent was made to the Commissioner he was removed from the school. Nickerson. It refers to this matter in terms. If it is withheld He was receiving there a salary of $1,400. He was transferred to by the Secretary of the Interior, it must be because of his con­ the Mount Pleasant school, where he receives a salary of $1,700. sideration. Here in this same document is proof of another Evidently a price was put upon him for permitting, through in­ case much worse than this; but the man personally guilty was competency and neglect, the debauching these girls. not prosecuted because he resigned under pressure. It was at Mr. BURKE of South Dakota. Will the gentleman state the the Indian school of the Hualapai Reservation in Arizona. name of the inspector who made that report? Mr. HENRY C. SMITH. When? Mr. FITZGERALD. I do not know. Mr. FITZGERALD. September 27,1900, the affidavit is dated. Mr. BURKE of South Dakota. I would also like to know if a Mr. MAHON. Mr. Chairman, the gentleman has referred to subsequent report was not made by another inspector of this the removal of a man by the name of Maclay, which everybody man's character and standing? justifies the President in doj.ng. I sympathize with the gentle­ Mr. FITZGERALD. I do not know. man, and if he will prefer charges against this man the Presi­ Mr. LACEY. This paper is not signed by anybody. dent will remove him. That is the way to get him out of the Mr. FITZGERALD. If the man had signed that report he civil service. • might be involved in a number of libel suits. Mr. LACEY. Mr. Chairman, this is a very important matter. Mr. LACEY. Does he not wind up with the statement that No one wants to defend any such transaction as is charged here this gentleman is a high-toned Christian gentleman? against Mr. N arvin. Mr. FITZGERALD. That was just what I wanted. Now I Mr. FITZGERALD. I do not charge anybody. will read from this report. It is headed" United States Indian Mr. LACEY. My friend is mistaken when he says that this Service, Shoshone Agency, Wyo., June 4, 1900:" document shows that this evidence was taken before the Indian I think the Commissioner is to be congratulated for the fortunate changes agent. It is a blank charge, and the affidavits are not sworn to. he has made in the school employees. Everything about the place has taken He ought to be able, in making a charge of this kind against on a new appearance. Life and vigor have been injected into each de­ partment. Superintendent N arvin, of whom I never heard-but he ought to The new superintendent seems to be a man of energy and tact, and his be able to name the party from whom he gets the information. I management up to present writing promises success. suggest that by unanimous consent this paragraph be passed over There is another chan~e, however, which I think should be made. C. W. Snyder, industrml teacher, should be deposed. until we dispose of the rest of the bill. We do not want to do any injustice to Superintendent Narvin or anybody else. The He was there twenty days after this report wa.s made. gentleman from New York says he never heard of this document He married Viola Hereford, an Indian employee, last October, after se­ ducing her, and theynowhavea promising childnearlyorquite 4monthsold. until he found it on his desk. As will no doubt be remembered, while I was here last October I re:t>Burton; H. McConnaughey; H. R. 4208. An act granting an increase of pension to Susan M. H. R. 815. An act granting an increase of pension to Henry S. Pardee; and Comer- H. R. 5169. An act granting an increase of pension to Hiram S. H. R. 5259. An act granting an increase of pension to Gustav Kingsley. Schwartz; IMPROVING FORT STREET, DISTRICT OF COLUMBIA. H. R. 2628. An act gTanting an increase of pension to Andrew The SPEAKER laid before the House the following change of Mulholland; reference, which was made without objection: H. R. 286. An act granting an increase of pension to Lawrentus The bill (H. R. 114 77) for improving Fort street between Twelfth Lane; and Fourteenth streets northeast, and for other purposes, from the H. R. 6684. An act granting an increase of pension to Marshall Committee on the District of Columbia to the Committee on Bachelder; Appropriations. H. R. 5162. An act granting an increase of pension to Andrew LEAVE OF .A.BSE.."\CE. H. Gifford; H. R. 2240. An act granting an increase of pension to Joseph By unanimous consent, Mr. LEsTER obtained leave of absence Church; for three days, on account of important business. H. R. 2429. An act granting an increase of pension to John C. And then, on motion of Mr. PATh"'E (at 4 o'clock and 43 min­ Morrison; utes p.m.), the House adjourned until to-morrow at 12 o'clock H. R. 2617. An act granting an increase of pension to John noon. Rapple; H. R. 1728. An act granting an increase of pension to George EXECUTIVE COMMUNICATIONS. W. Thompson; H. R. 5753. An act granting' an increase of pension to Emil Under clause 2 of Rule XXIV, the following executive com· Frank; munications were taken from the Speaker's table and referred as H. R. 4268. An act granting an increase of pension to James D. follows: Woodward: A letter from the assistant clerk of the Court of Claims trans­ H. R. 4128. An act granting an increase of pension to David mitting a copy of the conclusions of fact and law in the French Cupps; spoliation cases relating to the ship Glascow, M. Alcorn, master, H. R. 2455. An act granting an increase of pension to George against the United States-to the Committee on Claims, and W. McClure; ordered to be printed. H. R. 3184. An act granting an increase of pension to David A letter from the Secretary of War, transmitting a letter from Petee; the Chief of Engineers submitting a draft of proposed legislation H. R. 5149. An act granting an increase of pension to Charles relating to bridges over the illinois and Mississippi Canal-to the E. Bachelder; Committee on Rivers and Harbors, and ordered to be printed. H. R. 3413. An act granting an increase of pension to J edediah A letter from the Secretary of War, transmitting documents S. Vallet; relating to the claim of William S. Beauchamp-to the Com­ H. R. 5108. An act granting an increase of pension to Elisha B. mittee on Appropriations, and ordered to be printed. Taylor, alias Elisha F. Bisbee; H. R. 287. An act granting an increase of pension to Leighton ADVERSE REPORTS. J.Folsom; Under clause 2, Rule XITI, adverse reports were delivered to H. R. 2484. An act granting an increase of pension to Jeremiah the Clerk, and laid on the table, as follows: Evans; Mr. PARKER, from the Committee on Militro-y Affairs, to H. R. 3300. An act granting an increase of pension to George which was referred the bill of the House (H. R. 1073) granting B. Boyd; , an honorable discharge to St. J. Gardner and correcting the date H. R. 1374. An act granting an increase of pension to James of his muster out from the service, reported the same adversely, Willard; accompanied by a report (No. 571); which said bill and report were H. R. 2265. An act granting an increase of pension to Martin laid on the table. V. Hathaway; Mr. SULZER (by request), from the Committee on Military H. R. 6720. An act granting an increase of pension to George Affairs, to which was referred the bill of the Senate (S. 139) an Patterson; act for the relief of Edward Byrne, reported February 18, 1902, · H. R. 3024. An act granting an increase of pension to Thomas adversely, accompanied by a report (No. 564); said bill and re­ V. Straw; port were referred to the Private Calendar, pursuant to clause 2 H. R. 3511. An act granting an increase of pension to Mary C. of Rule XIII. Newcomb; H. R. 5860. An act granting an increase of pension to Edward B. Scott; REPORTS OF COMMITTEES ON PRIVATE BILLS. H. R. 5147. An act granting an increase of pension to Theodore Under clause 2 of Rule XIII, private bills and resolutions were Lane; severally reported from committees, delivered to the Clerk, and H. R. 2416. An act granting an increase of pension to John B. referred to the Committee of the Whole House, as follows: Wilcox; Mr. CALDWELL, from the Committee on War Claims, to 1902. CONGRESSIONAL REOORD- HOlJSE. 2011 which was referred the bill of the House (H. R. 10763) for there~ By Mr. BARTLETT: A concurrent resolution (H. C. Res. 34) lief of R. T. Priddy, executor of John D. Priddy, deceased, re­ for a survev of the Oconee River-to the Committee on Rivers ported the same without amandment, accompanied by a report and Harbors. (No. 572); which said bill and report were referred to the Private By Mr. NAPHEN: Memmial relating to an amendment of the Calendar. Constitution of the United States enabling Congress to enad laws Mr. GIBSON, from the Committee on War Claims, to which regulating hours of labor-to the Committee on the Judic~ry. was referred the bill of the Senate (S. 18) for the relief of the legal representatives of Napoleon B. Giddings, reported the same without amendment, accompanied by a report (No. 573); which PRIVATE BILLS AND RESOLUTIONS. said bill and repm·t were referred to the Private Calendar. Under clause 1 of Rule XXII,-private bills of the following titles Mr. CALDWELL, from the Committee on War Claims, to were presented and referred as follows: which was referred the bill of the Rouse (H. R. 5720), reported in By Mr. BINGHAM: A bill (H. R. 11615) to remove the charge lieu thereof a resolution (H. Res. 138) referring to the Court of of desertion from the military record of Wesley Stilwell- to the Claims the paper" in the case of Fannie Pemberton, accompanied Committee on Military Affairs. by a report (No. 574); which said resolution and report were re­ Also. a bill (H. R. 11616) granting an increase of pension to ferred to the Private Calendar. Isaac Harris-to the Committee on Pensions. Also, a bill (H. R. 11617) for the relief of Nathan Van Beil, of Philadelphia, and others- to the Committee on Claims. CHANGE OF REFERENCE. By Mr. BULL (by request): A bill (H. R. 11618) for the relief Under clause 2 of Rule XXII, committees were discharged from of Oliva J. Baker, widow of Julian G. Baker, deceased, late an the consideration of the following bills, which were refened as employee in the navy-yard factory, Washington, D. C.-to the follows: Committee on Claims. A bill (H. R. 9948) granting a pension to Sarah Francis Taft, By Mr. DAVIS of Florida: A bill (H. R. 11619) granting an widow of Charles Sabin Taft-Committee on Pensions discharged, increase of pension to David A. Frier-to the Committee on and referred to the Committee on Invalid P~nsions. Pensions. A bill (H. R. 11590) granting a pension to Nancy E. Hardy­ By Mr. DAYTON: A bill (H. R.11620) for the relief of William Committee on Pensions discharged, and-referred to the Commit­ J. Knott, executor of estate of Samuel Knott, deceased-to the tee on Invalid Pensions. Committee on War Claims. By Mr. EMERSON: A bill (H. R. 11621) to correct the mili­ tary record of H. J. Rowell-to the Committee on Military Af­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. fairs. Under clause 3 of Rule XXII, bills, resolutions, and memorials By Mr. FINLEY: A bill (H. R . 11622) to remove the charge of of the following titles were introduced and severally referred as desertion against Frederick Schulte, or Schuldt-to the Committee follows: on Naval Affairs. By Mr. RODEY: A bill (H. R. 11603) for the erection of a By 1\Ir. FOSS: A bill (H. R. 11623) granting an increase of public building at Albuquerque, N. Mex.-to the Committee on pension to John Blaclder-to the Committee on Invalid Pensions. Public Buildings and Grounds. By Mr. GRIFFITH: A bill (H. R. 116.24) granting an increase Also, a bill (H. R. 11604) to validate certain bonds of the Ter­ of pension to George M . Palmer-to the Committee on Invalid ritory of New Mexico-to the Committee on the TeTritories. Pensions. Also~ a bill (H. R. 11605) to validate certain bonds of the Ter­ By Mr. HILL: A bill (H. R. 11625) granting an increase of pen­ ritory of New Mexico-to the Committee on the Territories. sion to Alexander H. Taylor, late of Company E, of the Twelfth Also, a bill (H. R. 11606) to validate certain bonds of the Ter­ Connecticut Volunteer Infantry. now a resident of Norwalk, titory of New Mexico-to the Committee on the Tenitories. Conn.-to the Committee on Invalid Pensions. By Mr. BLACKBURN: A bill (H. R. 11607) making an appro­ By Mr. KETCHAM: A bill (H. R. 11626) to authorize the Sec­ priation for a public building at Wilkesboro, N. C. , and for other retary of War to acquire, by purchase or condemnation, Consti­ pUTposes-to the Committee on Public Buildings and GrOlmds. tution Island, in the State of New York-to the Committee on By Mr. PEARRE: ...~bill (H. R. 11608) authorizing the exten­ Military Affairs. sion of Kalorama avenue-to the Committee on the District of By l\Ir. McA....1>{DREWS: A bill (H. R. 11621) granting a pension Columbia. · to L. M. Farrier-to the Committee on Invalid Pensions. By Mr. RICHARDSON of Alabama: A bill (H. R. 11609) for By Mr. NA.PHEN: A bill (H. R. 11628) to remove the charge the construction of a waterway and barge canal connecting the of desertion standing against the military record of Michael Clif­ waters of the Mississippi River with those of the St. Marys ford, alias Michael Kelleher-to the Co:nmittee on Military Af­ River, in the State of Georgia, along the landlocked waters of the fairs. coast of Louisiana. :Mississippi. Alabama, and Florida, and a canal By Th·. POWERS of Maine: A bill (H. R. 11629) gTanting an from St. Georges Sound, in Florida, to the St. Marys River, in increase of pension to Sophronia Q. Head-to the Committee on Georgia-to the Committee on Rivers and Harbors. Invalid Pensions. By Mr. SOUTHWICK: A bill (H. R. 11610) to prevent the Also, a bill (H. R. 11630) to remove the charge of desertion brewing of im:t;>Ul'e beer-to the Committee on Interstate and from the military record of David Hulbert-to the Committee on Foreign Commerce. Military Affairs. By Mr. BALL of Texas: A bill (H. R. 11611) to divide the State By Mr. RICHARDSON of Alabama: A bill (H. R.11631) for the of Texas into four judicial districts-to the Committee on the relief of the heirs of Robert Bynum-to the Committee on War Judiciary. Claims. By Mr. SCOTT: A bill (H. R. 11612) amending section 4708 of Also, a bill (H. R. 11632) for the relief of the heirs of J ohn the Revised Statutes of the United States in relation to pensions Smith, deceased-to the Committee on War Claims. to remarried widows as amended by an act appl'oved March 3, Also, a bill (H. R. 11633) for the relief of the heirs of Horatio 1901-to the Committee on Invalid Pensions. Anderson-to the Committee on War Claims. By Mr. JONES of Washington: A bill (H. R. 11613) to estab­ Also, a bill (H. R. 11634) for the relief of James R. Nance, of lish a fish-hatching and fish station in Yakima County, in the State Newmarket, Ala.-to the Committee on War Claims. or Washington-to the Committee on the Merchant Marine and Also, a bill (H. R. 11635) .for the relief of the heirs of John Fisheries. Meals. deceased-to the Committee on War Claims. By Mr. BABCOCK: A bill (H. R.11614) to prevent vicious and By Mr. ROBERTSON of Louisiana: A bill (H. R. 11636) pro­ evilly disposed persons from resorting to the District of Columbia viding for the transfer of the title of the military reservation of for the purpose of committing crime-to the Committee on the Baton Rouge, La., to the Louisiana State University and Agricul­ ----·- Distlict of Columbia. tural College-to the Committee on Military Affairs. By Mr. MOODY of Massachusetts: Memorial relative to an By Mr. RODEY: A bill (H. R.11637) for the relief of Ana.stocio amendment of the Constitution of the United States enabling de Baca, administrator of Francisco de Baca, deceased-to the Congress to enact laws regulating hours of labor-to the Com­ Committee on War Claims. mittee on the Judiciary. By Mr. SCHIRM: A bill (H. R. 11638) granting an increase of By Mr. BELLAMY: A joint resolution (H. J. Res.155) gt·anting pension to Samuel Hyman- to the Committee on Invalid Pensions. permission for the erection of a monument in Charlotte, N. C., Also, a bill (H. R. 11639) to remove the charge of desertion for the ornamentation of the public grounds in that city-to the from the military record of Thomas Hewing-to the Committee Committee on tha Library. , on Military Affairs. By Mr. HOWARD: A concurrent resolution (H. C. Res. 33) that Also, a bill (H. R. 11640) granting a pension to John Tufts-to the Secretary of War be directed to cause an examination and the Committee on Invalid Pensions. survey of Oconee River, in Geol'gia-to the Committee on Rivers By Mr. SHATTUC: A bill (H. R. 11641) granting an increase of and Harbors. pension to Samuel B. Loewenstine, late first lieutenant Company 2012 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 20,

K, First Kentucky Volunteer Infantry-to the Committee on By Mr. CURRIER: Petitions of the Woman's Christian Tem­ Invalid Pensions. perance Union of Water Village, Nottingham, Tilton. Sanborn­ By Mr. HENRY C. SMITH: A bill (H. R. 11642) granting an ville, Wilton, Meredith, Center Sandwich, Plymouth, Wolfboro, increase of pension to Margaret Fitzpatrick, Hudson, Mich.-to Northwood, and Manchester, N. H., for an amendment to the the Committee on Invalid Pensions. National Constitution defining legal marriage to be monogamic­ By Mr. SPIGHT: A bill (H. R. 11643) for the relief of heirs of to the Committee on the Judiciary. Mrs. Susan L. Bailey, deceased, of Marshall County, Miss.-to By :Mr. DEEMER: Resolutions of Post 66, of Muncy, Pa., Post the Committee on War Claims. 258, of Westfield, Pa., and Post 476, of Millerton, Pa., Grand By Mr. STEWART of New Jersey: A bill (H. R. 11644) grant­ Army of the Republic, favoring the construction of war vessels in ing a pension to Edgar A. Hamilton-to the Committee on Inva­ Government navy-yards-to the Committee on Naval Affairs. lid Pensions. By 1\Ir. EDWARDS: Resolution of Federal Labor Union No. By Mr. TOMPKINS of Ohio: A bill (H. R. 11645) granting an 175, of Kalispell, Mont., favoring the construction of war vessels increa,se of pension to Joseph Wilson-to the Committee on Inva­ in Government navy-yards-to the Committee on Naval A.ffail·s. lid Pensions. Also, petition of Federal Labor Union No. 175, of Kalispell, Also, a bill (H. R. 11646) granting a pension to James H. Dick­ :Mont., favoring the passage of the Chinese-exclusion law-to the son-to the Committee on Invalid Pensions. Committee on Foreign Affairs. Also, a bill (H. R. 11647) to remove charge of "absent without By Mr. EMERSON: Protest of Boston (Mass.) Belting Com­ leave" against military record of James W. Byrd and grant him pany, against the enactment into law of House bill 3076-to the an honorable discharge-to the Committee on Military Affairs. Committee on Labor. Also, a bill (H. R. 11648) for the relief of Robert W. Cald­ By Mr. ESCH: Resolution of Machinists' Union No. 173, Eau well-to the Committee on Military Affairs. Clan·, Wis, favoring the reenactment of the Chinese-exclusion By Mr. WHEELER: A bill (H. R. 11649) for the relief of act-to the Committee on Foreign Alfairs. R. H. Starks-to the Committee on Claims. Also, resolution of the Merchants' Exchange of San Francisco, By Mr. SMITH of illinois: A bill (H. R. 11650) to restore and Cal., for the admission of the mercantile class of Chinese-to the retire, as a captain of cavalry, Thomas J. Spencer, late a captain, Committee on Foreign Affairs. Tenth United States Cavah·y-to the Committee on Military By Mr. FITZGERALD: Resolution of the board of supervisors Alfan·s. of Mohave County, Ariz., urging Congress to fix an equitable tax valuation upon the property of the Santa Fe Pacific Railway Company's property in Arizona-to the Committee on Pacific PETITIONS. ETC. Railroads: Also, resolution of Merchants' Exchange of San Francisco, Cal., Under clause 1 of Rule XXII, the following petitions and papers urging Congress to permit the unrestricted immigration of all were laid on the Clerk's desk and referred as follows: Chinese merchants and barring every class of coolie labor-to the By Mr. ACHESON: Resolution of Major Gaston Post, No. 544, Committee on Foreign Alfairs. Grand Army of the Republic, of Gastonville, Pa., and Tube Work­ By Mr. FOSS: Resolution of Carpenters and Joiners' Union ers' Union No. 8077, Washington, Pa., favoring the construction of No. 448 of Waukegan, I1l., praying for the further reshiction war vessels in the Government navy-yards-to the Committee on of immigration-to the Committee on Immigration and Naturali­ Naval Alfairs. zation. Also, petition of Coopers' InJ.;ernational Union No.102, Browns­ Also, papers to accompany bill 11623 for the relief of John ville, Pa.; Tube Workers' Union No. 8077, Washington, Pa.; Blackler-to the Committee on Invalid Pensions. Mine Workers' Union No. 1315, of Roscoe, Pa., and Tin-Plate By Mr. GIBSON: Petition of Holston Division 239, Brother­ Workers' Union No, 30, of Washington, Pa., concerning the hood of Locomotive Engineers, Knoxville, Tenn., praying for the - Chinese-exclusion act-to the Committee on Foreign Alfairs. further restriction of immigration-to the Committee on Immi­ Also, resolutions of the Engineers' Club of Philadelphia, Pa., gration and Naturalization. for securing a national forest reserve in the Appalachian Moun­ By Mr. GILL: Petitions of United Mine Workers of Yorkville, tains-to the Committee on the Public Lands. citizens of Jefferson County. Ohio Valley Lodge, No. 12, Martins By Mr. BARTLETT: Resolutions of Simpson Division, No. 210, Fen-y Branch, No. 73, Bellaire Mine Workers, No. 652, of Klee, Brotherhood of Locomotive Engineers, Macon, Ga., in favor of Belmont Centl·al Trades and Labor Union, of Bellaire, all in the laws restricting immigration-to the Committee on Immigration State of Ohio, favoring the reenactment of the Chinese-exclusion and Naturalization. law-to the Committee on Foreign Affairs. Also, resolution of the council of the city of Savannah, Ga., By Mr. GRAHAM: Petition of Keystone Division, No. 293, for the establishment of a subtreasury of the United States at Btotherhood of Locomotive Engineers, of Allegheny, Pa. for the Savannah. Ga.-to the Committee on Ways and Means. restriction of illiterate immigrants-to the Committee on Immi­ By Mr. BULL: Resolution of Journeymen Barbers' Union No. gration and Naturalization. 361, Pawtucket, R.I., favoring the Chinese-exclusion act-to the Also, resolution of the Merchants' Exchange of San Francisco, Committee on Foreign Alfairs. Cal., favoring the admission of the mercantile class of Chinese in By Mr. BURLEIGH: Petition of Colonel L. H. Kendall Com­ the United States-to the Committee on Foreign Mairs. mand, No. 106, Spanish War Veterans, Biddeford, Me .. for recog­ Also, petition of Mrs. James A. Wilson and others of Allegheny, nitinn by Congress of the services of Clara Barton in the late Pa., for an amendment to theNational Constitution defining legal war-to the Committee on Military Alfairs. marriage to be monogamic-to the Committee on the Judiciary. Also, resolutions of Nathan F. Blunt Post, No. 109, of Bing­ By }.fr. GRIFFITH: Petition of Hiram Williamson Post, No. ham, Me., and Bath Union, No. 466, of Bath, Me., favoring the 465, Grand Army of the Republic, Department of Indiana, for building of war ships in the navy-yards-to the Committee on investigation of the administration of the Bureau of Pensions-to Naval Affairs. the Committee on Rules. By 1\Ir. BURK of Pennsylvania: Resolutions of the Merchants' Also, resolution of Carriage and Wagon Makers' Union No. 71, Exchange of San Francisco, Cal., favoring the enacting of a law of Lawrenceburg, Ind. urging legislation to exclude the Chinese permitting the mercantile classes of China to enter the United from this country-to the Committee on Foreign Affairs. States-to the Committee on Foreign Affairs. Also, resolution of Carriage and Wagon Makers' Union No. 71, Also petition of the board of supervisors of Mohave County, of Lawrenceburg, Ind., praying for the further rest1iction of Ariz., protesting against any legislation exempting the Santa Fe immigration-to the Committee on Immigration and Naturaliza­ Pacific Railway Company from taxation in Arizona Territory­ tion. to the Committee on Pacific Raih'oads. By Mr. HEMENWAY: Resolution of Potters' Union No. 5, Also, resolution of the Engineers' Club, of Philadelphia, for a Evansville, Ind., and Post No. 520, Grand Army o~ the Republic, national forest reserve-to the Committee on the Public Lands. of Oakland City, Ind., favoring the building of vessels in the By 1\Ir. BURKETT: Paper to accompany Honse bill for the United States navy-yards-to the Committee on Naval Affairs. relief of William H. Spradling-to the Committee on Military Also, resolutions of Leather Workers' Union No. 59 and Leather Affairs. Workers of Horse Goods, of Evansville, Ind., for the further re­ By Mr. CANDLER: Papers to accompany House bill No. 11551- striction of immigration-to the Committee on Immigration and to the Committee on War Claims. Naturalization. By :Mr. CASSEL: Resolution of Central Labor Union of Lan­ By Mr. HENRY of Connecticut: Petition of Samuel Brown caster, Pa., in favor of the Chinese-exclusion act-to the Commit­ Post, No. 56, Grand Army of the Republic, Department of Con­ tee on Foreign Affairs. necticut, for investigation of the administration of the Bureau of By Mr. CASSINGHAM: Resolution of Central Trades and Pensions-to the Committ.ee on Rules. Labor Council of Coshocton, Ohio, praying for the further restric­ Also, petition of citizens of Hartford, Conn., in behalf of statis­ tion of immigration-to the Committee on Immigration and tical information relative to marriage and divorce-to the Com­ Naturalization. mittee on the Judiciary. 1902. CONGRESSIONAL RECORD-HOUSE. 2013

By Mr. HILL: Papers to accompany House bill 11625, for the Also, resolution of the Cigar Makers' Union No. 324, of Glou­ relief of Alexander H. Taylor-to the Committee on Invalid Pen­ cester, Mass., favoring Chinese exclusion-to the Committee on sions. Foreign Affairs. By :Mr. JACKSON of Kansas: Resolution of the Industrial Also, resolutions of the New England Shoe and Leather Asso­ Council of Pittsburg, Kans., favoring the exclusion of Chinese­ ciation, favoring amendments to the interstate-commerce laws­ to the Committee on Foreign Affairs. to the Committee on Interstate and Foreign Commerce. By :Mr. KAHN: Resolution of Coal Yard Teamsters' Union No. By Mr. MORRELL: Resolution of the Engineers' Club of Phil­ 285, of San Francisco, Cal .. for an educational test in the restric­ adelphia, Pa., in favor of the Appalachian National Park Associ­ tion of immigration-to the Committee on Immigration and ation-to the Committee on the Public Lands. Naturalization. Also, petition of Merchants Exchange of California, relating to Also, resolutions of Marine Cooks and Stewards' Association of the Chinese-exclusion law-to the Committee on Foreign ..Affairs. the Pacific Coast, and Sailors' Union of the Pacific; :Metal Work­ By Mr. PALMER: Petition of the Medical Society of Luzerne ers' Union No. 27: Coal Yard Teamsters' Union No. 285; Butcher County, Pa., favoring the passage of House bill7189, to increase Workman's Protective Union No. 115; Cigar Makers Union 469; the efficiency of the Marine-Ho pital Service-to the Committee Leather Workers' Union No. 9; San Francisco Lodge, No. 68, on Interstate and Foreign Commerce. As ociatiol'l of Machinists, urging the passage of House bill No. Also, petition of Cigar ::1\Iakers' Union 459 and Central Labor 9330, favoring the continuation of the exclusion law against Chi­ Union of Hazleton; Carpenters' and Joiners' Union No. 102, of nese laborers-to the Committee on Foreign Affairs. Wilkesbarre, Pa.; Powder Workers' Union No. 8974, of Wap­ Also, resolution of the Sailors' Union of the Pacific, protesting wallopen, Pa., favoring the passage of the Chinese-exclusion against the passage of House bill No. 9685-to the Committee on act-to the Committee on Foreign Affairs. the Merchant Marine and Fisheries. Also, resolution of Cigar Makers Union No. 459) of Hazleton, By Mr. KETCHAM: Petition of the United Garment Workers Pa., for an educational test in the _restriction of immigration-to of America No. 84, of Wappingers Falls, N.Y., favoring an edu­ the Committee on Immigration and Naturalization. cational test in the restriction of immigration-to the Committee By Mr. PARKER: Resolution of Essex Trades Council, of on Immigration and Naturalization. Newark, N. J., for exclusion of Chinese-to the Committee on Also, resolutions of Cigar Makers' Union No. 84, of Saugerties, Foreign Affairs. N. Y., and Queen City Lodge, No.2, Amalgamated Iron, Steel, By Mr. PEARRE: Petition of Adam Ault, of Washington and Tin Workers, Poughkeepsie, N.Y., in favor of the exclusion County, Md., praying reference of war claim to the Court of of Chinese laborers-to the Committee on Foreign Affairs. Claims-to the Committee on War Claims. By Mr. LACEY: Petition of John Gilman, of Oskaloosa, Iowa, By Mr. POWERS of Maine: Papers to a~company House bill praying for the enactment of a law against polygamy-to the to remove the charge of desertion against the record of David Committee on the Judiciary. Hurlbut-to the Committee on Military Affairs. Also, resolutions of the Merchants' Exchange of San Francisco, Also, papers to accompany House bill 11629, for the relief of Cal., favoring the admission of certain classes of Chinese-to the Sophronia Q. Head-to the Committee on Invalid Pensions. Committee on Foreign Affairs. By Mr. PUGSLEY: Petition of citizens of Peekskill, N.Y., for By Mr. LINDSAY: Resolutions of the New York division of the an amendment to the National Constitution defining legal mar­ American Wire Weavers' Protective Association, for an educa­ riage to be monogamic-to the Committee on the Judicia1·y. tional test in the restriction of immigration-to the Committee Also, resolutions of the Trades and Labor Council of Peekskill on Immigration and Naturalization. and Union No. 111, of Tarrytown, N. Y., Allied Metall\Iechanics, Also, resolution of the American Wire Weavers' Protective As­ concerning the reenactment of the Chinese-exclusion act-to the sociation of New York, in favor of the exclusion of Chinese labor­ Committee on Foreign Affairs. ers-to the Committee on Foreign Affairs. Also, resolutions of Taxpayers' Alliance, borough of Bronx, By Mr. LONG: Papers to accompany House bill 6105, for the urging appropriation for the continuance of the improvement to relief of E. J. Essex-to the Committee on Invalid Pensions. the Harlem River and ship canal-to the Committee on Rivers Also, resolutions of Thomas W. Sweeney Post, No. 361, Grand and Harbors. Army of the Republic, Department of Kansas, for the building of By Mr. RICHARDSON of Alabama: Pamphlet to accompany war vessels in the United States navy-yards-to the Committee on House bill 11609, for the construction of a waterway connecting Naval Affairs. the Mississippi River by land-locked navigation with the land­ By Mr. MANN: Resolutions of Cigar Makers' Union No. 247, locked channels of the Atlantic coast-to the Committee on Rivers Blue Island; Carpenters and Joiners' Union 199, South Chicago; and Harbors. Glass Workers' Union No.4, Chicago Heights, ill., in favor of Also, papers in support of House bill 9844, providing for the the reenactment of the Chinese-exclusion a~t-to the Committee erection of a public building in the city of Florence, Ala.-to the on Foreign Affairs. · Committee on Public Buildings and Grounds. By Mr. MAYNARD: Petitions of Typographical Union No. Also, petition of John Pettipoole of Lauderdale County, Ala., 353 and Cigar Makers' Union No. 412, of Newport News; Machin­ for reference of war claim to the Court of Claims-to the Com­ ists' Union No. 441, of Portsmouth; Seamen's Union of Norfolk; mittee on War Claims. Shipbuilders' Union of Portsmouth, State of Virginia, and report By Mr. RIXEY: Petition of citizens of Manassas, Va., for the of the Chamber of Commerce of New York, relating to Chinese further restriction of immigration-to the Committee on Immigra­ exclusion-to the Committee on Foreign Affairs. tion and N atnralization. Also, resolutions of Bricklayers and Masons' International By Mr. RODEY: Resolution of Cigar Makers' Union No. 443, Unions of Newport News and Norfolk, Va., urging the employ­ of Albuquerque, N.Mex., in favor of the reenactment of the ment of union men in the construction of the naval dry dock at Chinese-exclusion a~t-to the Committee on Foreign Affairs. New Orleans, La.-to the Committee on Naval AffaiTs. By Mr. RUSSELL: Resolution of Horseshoers' Union No. 88, Also, resolutions of Cigar Makers' Unions of NorfolkandNew­ of Norwich, Conn., and Post68, Grand Army of the Republic, of port News, Va., favoring a further restriction of immigration­ Tomaston, Conn., favoring the construction of war ves els in to the Committee on Immigration and Naturalization. Government navy-yards-to the Committee on Naval Affairs. Also, petition of General W. T. Sherman Post, No. 44, Grand Also, resolution of Central Labor Union of Norwich, Conn., Army of the Republic, Department of Virginia, for investigation favoring the passage of the Chinese-exclusion act-to the Com­ of the administration of the Bureau of Pensions-to the Commit­ mittee on Foreign Affairs. tee on Rules. By Mr. RYAN: Resolution of board of supervisors of Mohave Also, resolutions of Cigar Makers' Union and Cailloux Post, No. County, Ariz., in opposition to the measure exempting the Santa 2, Grand Army of the Republic, of Norfolk, Va., relative to the Fe Pacific Railway Company from taxation in the Tenitory of construction of vessels in Government navy-yards-to the Com­ Arizona-to the Committee on Pacific Railroads. mittee on Naval Affairs. Also, petition of Buffalo Switchmen's Union, No. 4, Buffalo, By Mr. McDERMOTT: Petition of Twelfth Ward Democratic N. Y., for the reclassification of post-office clerks-to the Com­ Club of Jer ey City, N. J.,asking mediation by the United States mittee on the Post-Office and Post-Roads. in favor of the patriots of the South African republics-to the Also, resolution of Merchants' Association of New York, favor­ Committee on Foreign Affairs. ing commercial reciprocity with Cuba-to the Committee on By Mr. McRAE: Resolution of Division 182, Brotherhood of Ways and Means. Locomotive Engineers, of Little Rock, Ark., for the passage of Also, resolution of N.C. Newerf, of Buffalo, N. Y. for tho laws which will prevent the immigration of persons who can not Government to build, own, and maintain a passenger ~nd mer­ read-to the Committee on Immigration and Naturalization. chant marine, and to build 1,000 vessels-to the Committee on By Mr. MOODY of Massachusetts: Resolution of Ciga1· Makers' Merchant Marine and Fisheries. Union No. 324, of Gloucester, Mass., advocating the construction By Mr. SCOTT: Resolution of the Topeka (Kans.) Commercial of war ves els in United States navy-yards-to the Committee on Club, condemning the proposed Bowersock land-grazing bill-to .Naval Affail·s. the Committee on the Public Lands. 2014 CONGRESSIONAL RECORD-SENATE. FEBRUARY 21;

By :Mr. SELBY: Petition of Retail Merchants' Association of Also, re olution of Hardwood Finishers' Union No. 9-! of Jacksonville, ill., in support of Senate bill 2987 and House bill Jamestown, N.Y., in favor of the Chinese-exclusion act-to the 9352, for the protection of the public against impure food-to the Committee on Foreign Affairs. Committee on Agriculture. Also, resolution of Hardwood Finishers' Union No.9-!, for an By Mr. SHAFROTH: Resolution of the State board of horti­ amendment to the immigration laws-to the Committee on Im­ culture of the State of Colorado, against the destruction of UBeful migration and Naturalization. birds-to the Committee on Agriculture. Also, resolution of Post No. 502, of Angelica, N. Y., Grand Also, petition of W. W. Hocking and other citizens of Boulder, .Anny of the Republic, favm'ing the construction of naval ve sels Colo., for an amendment to the national Constitution defining at Government navy-yards-to the Committee on Naval Affairs. legal marriage to be monogamic-to the Committee on the Judi­ By Mr. WADSWORTH: Resolutions of Coopers' Union No. 48, ciary. Niagara Falls, N.Y.; Iron Molders' Union No. 238, Lockport, Also, resolutions of Colorado State Grange, Pab.·ons of HUB­ N.Y., and George Pierce Post, No. 448, of Castile, N.Y., Grand bandry, favoring the irrigation of the arid lands of the United Army of the Republic, favoring the construction of naval vessels States-to the Committee on In'igation of Arid Lands. at the Government navy-yards-to the Committee on Naval By :Mr. SHATTUC: Petition of Sign Writers' Union No. 224. Affairs. Cincinnati, Ohio, favoring the building of vessels in the United Also, resolutions of Coopers' Union No. 48, of Niagara Falls, State navy-yards-to the Committee on Naval Affairs. N.Y., and Carpenters' Union No. 289, of Lockport, N.Y., fC'.L an By Mr. SHALLENBERGER: Petition of Beckmark & Norlin educational test in the restriction of immigration-to the C~m­ and 37 other merchants of Axtell, Nebr., and Charles Perry & Co. mittee on Immigration and Naturalization. and 33 other merchants of Harvard, Nebr., against HoUBe bill Also. resolutions of Lock City Central Labor Union, Industrial 6578, known as the parcels-post bill-to the Committee on the Fiber Workers' Union of Lockport, N.Y., and Coopers' Union Post-Office and Post-Roads. No. 48, of Niagara Falls, N.Y., in favor of the reenactment of Also, papers to accompany House bill11218, granting an increase the Chinese-exclusion act-to the Committee on Foreign Affairs. of pension to Reuben W. Barti·am-to the Committee on Invalid By Mr. WANGER: Petition of Dr. Louis Jean, M. Lusson, and Pensions. other citizens of Ardmore, Pa., for the creation of game preserves Also, petition of Post No.155, of Kenesaw, Nebr., Grand Army in Alaska-to the Committee on the Public Lands. of the Republic, favoring the building of vessels in the United Also, resolutions of George Post Post, No. 79, of Conshohocken, States navy-yards-to the Committee on Naval Affairs. Pa., concerning the construction of Government vessels in navy­ By Mr. HENRY C. SMITH: Petition of Woodbury Post, No. yards-to the Committee on Naval Affairs. 45, Grand Army of the Republic, Department of Michigan, for By Mr. WEEKS: Petition of W. A. Dudley and other citizens investigation of the administration of the Bureau of Pensions­ of Armada, Mich., favoring the election of United, States Senators to the Committee on Rules. by direct vote of the people-to the Committee on Election of By Mr. SNOOK: Petition of L. S. Holmes Post, No, 87, Grand President, Vice-PI·esident, and Representatives in Congress. Army of the Republic, Department of Ohio, for investigation of By Mr. WILSON: Petition of G. K. Warren Post, No. 286, the administration of the Bureau of Pensions-to the Committee Grand .Army of the Republic, of Brooklyn, N.Y., in regard to on Rules. employees in navy-yards-to the Committee on Naval Affairs. Also, papers to accompany HoUBe bill4217, for the removal of By Mr. WOODS: Petition of the Chamber of Commerce of San the charge of desertion from the military record of David F. Francisco, Cal., urging the adoption of the met1'ic system of Fortney-to the Committee on Military Affairs. weights and measures-to the Committee on Coinage, Weights, By Mr. SOUTHARD: Resolution o~ oil and gas-well workers, and Measures. of Hammansburg and North Baltimore, Ohio, in favor of the By Mr. WRIGHT: Resolution of Mallory Post, No. 285, Grand reenactment of the Chinese-exclUBion act-to the Committee on Army of the Republic, of Sayre, Pa., urging that the navy-yards Foreign Affairs. be utilized for the construction of war vessels-to the Committee Also, resolutions of Cigar Makers' Union No. 48; Locomotive on Naval Affairs. Firemen's Union No. 2; Photo Engravers' Union No. 15; Coopers' By Mr. ZENOR: Petition of William Johnson Post, No. 430, Union No. 6, Iron Molders' Union No. 172, and Laundry Work­ Grand Army of the Republic, Department of Indiana, for in­ ers' Union No. 1, all of Toledo, Ohio, in favor of the reenactment vestigation of the administration of the Bureau of Pensions-to the of Chinese-exclusion act-to the Committee on Foreign Affairs. Committee on Rules. By Mr. SPERRY: Resolution of Union No. 612, of Waterbury, Also, resolution of Coopers' International Union, of Jefferson­ Conn .. Amalgamated Society of Engineers, favoring the Chinese­ ville, Ind., for the enforcement of the postal laws relating to sec­ exclusion act-to the Committee on Foreign Affairs. ond-class mail matter, and that no repeal or modification of such By Mr. SPIGHT: Papers to accompany House bill 11643 for laws be made-to the Committee on the Post-Office and Post­ the relief of the heirs of Mrs. Susan L. Bailey-to the Committee Roads. on War Claims. By Mr. STEELE: Resolution of Iron Molders' Union No. 357, of Montpelier, Ind., favoring the construction of naval vessels at Government navy-yards-to the Committee on Naval Affairs. SENATE. Also, resolution of Glass Bottle Blowers' Association No. 61, of Gas City, Ind., favoring the enactment of a law excluding the FRIDAY, February 21, 1902. Chinese without limitation from this country-to the Committee on Foreign Affairs. The Senate met at 11 o'clock a. m. By Mr. SULLOWAY: Petitions of Woman's Chi'istian Tem­ Prayer by Rev. HID\'RY N. COUDEN, D. D., Chaplain of the perance Union of Epping, North Charlestown, North Weare. House of Representatives. Plymouth, Meredith, Wolfboro, Center Sandwich, Wilton, and The Journal of yesterday s proceedings was read and approved. Peterboro, N.H., in favor of an amendment to the Constitution against polygamy-to the Committee on the Judiciary. CATALOGUE OF ZONE OF STARS. Also, resolution of Manchester,N. H.,Board of Trade, favoring The PRESIDENT pro tempore laid before the Senate a com­ the appointment of a commission to study and report upon the munication fi·om the Secretary of the Treasury, transmitting a indUBtrial conditions of China and the establishment of a perma­ letter from the Secretary of the Navy, submitting an estimate of nent exposition of American products at Shanghai, China-to the appropriation for the preparation of the Astronomische Gesell­ Committee on Immigration and Naturalization. schaft Catalogue of the Zone of Stars observed at the Naval Ob­ By Mr. SULZER: Petition of International Brotherhood of servatory principally in 189-! and 1895, $4,000; which, with the Electrical Workers No. 3, urging the defeat of Senate bills 2054 accompanying papers, was referred to the Committee on Naval and 1466, to regulate wiring in the District of Columbia-to the Affairs, and ordered to be printed. Committee on the District of Columbia. MESSAGE FROM THE HOUSE. By :Mr. THAYER: Resolution of Brewery Workers' Union No. 135, Worcester, Mass., favol'ing the construction of war ve sels A message from the House of Representatives, by Mr. W. J. in Government navy-yards-to the Committee on Naval .Affairs. BROW~~G, its Chief Clerk. announced that the House had agreed Also, resolutions of Carpenters and Joiners' Union No. 877, of to the report of the committee of conference on the disagreeing Pennsylvania, favoring an educational test in the restriction of votes of the two Houses on the amendments of the Senate to the immigration-to the Committee on Immigration and N aturaliza­ bill (H. R. 3104) to grant the I'ight of way through the Okla­ tion. homa Territory and the Indian Territory to the Enid and Ana­ By Mr. VREELAND: Petitiono( citizens of Jamestown, N.Y., darko Railway Company, and for other purposes. favoring the election of United States Senators by direct vote of The message also returned to the Senate, in compliance with the people-to the Committee on Election of President, Vice­ its request, the bill (S. 2802) granting a pension to Martha. R. President, and Representatives in Congress. Osbourn.

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