918 CONGRESSIONAL RECORD-SENATE. JANUARY· 23,

The PRESIDING OFFICER. The Senator from Iowa moves To be first lieutenants. that the Senate pt·oceed to the consideration of executive business. Second Lieut. Frank A. Barton, Tenth Cavalry, October 16, 1898, The motion was agreed to; and the Senate proceeded to the con­ vice Rivers, Third Cavalry, promoted. sideration of executive business. After seven minut~s spent in Second Lieut. Robert Sewell, Seventh Cavalry, October 24,1898, executive session the door.s were reopened, and (at 4 o'clock and vice Mills, First Cavalry, promoted. 47 minutes p. m.) the Senate adjourned until Monday, January 23, Second Lieut. George C. Barnhardt, Sixth Cavalry, November 1899, at 12 o'clock meridian. 7, 1898, vice Lockwood, Fourth Cavalry, promoted. · Second Lieut. James H. Reeves, Sixth Cavalry, November 10, HOMINATIONS. 1898, vice Allen, Second Cavalry, promoted. Second Lieut. Kirby Walker, Third Cavalry, December 14;1898, Executive nornination,s received by the Senate Janum'Y 21, 1899. vice Stotsenburg, Sixth Cavalry, promoted. REGISTERS OF LAND OFFICE, Second Lieut. Claude B. Sweezey, Eighth Cavalry, December 14, 1898, vice Byron, Eighth Cavalry, appointed assistant quartermas~ Frederick C. L. Hachenberger, of Burlington, Colo., to be reg­ ter, who resigns his line commission only. • ister of the land .office at Hugo, Colo., vice Thomas J. Edwards, Second Ljeut. Sterling P. Adams, First Cavalry, December 14, term expired. 1898, vice Wood, Ninth Cavalry, appointed assistant quarter­ Edmund D. Wiggin, of Washington, D. C., to be regist~r of the land office at Weare, Alask::t (location changed from Nulato by master, who resigns his line commission only. Executive order of December 2, 1898), vice Boetions H. Sullivan, APPOINTMENTS IN THE ARMY. resigned, "the commission for the appointment of R. C. Nichols, To be professor of mathematics in the Military Academy. issued August 12, 1898, during the recess of the Senate, having Associate Prof. Wright P. Edgerton, October 7,1898, vice Bass, peen canceled. retired. . COLLECTOR OF CUSTOMS. To be associate professor of mathematics in the Military Academy. James Low, of New York, to be collector of customs for the district of Niagara, in the State of New York, to succeed William First Lieut. Charles P. Echols, Corps of Engineers, October 7, Richmond, whose term of office will expire by limitation Febru­ 1898, vice Edgerton, appointed professor of mathematics. ary 10, 1899. PROMOTIONS IN THE NAVY. APPOINTMENTS IN THE VOLUNTEER ARMY. Asst. Engineer Henry B. Price, to be a passed assistant engineer in the Navy, from the 17th day of November, 1898, vice P. A. En· To be inspector-gene1·al with the_rank of major. gineer Frank H. Conant, deceased. Capt. Cunliffe H. Murz:ay, Fourth United States Cavalry. Asst. Engineer Martin E. Trench, to be a passed assistant engi­ Tenth Regiment Volunteer Infant1-y. neer in the Navy, from the 20th day of November, 1898, vice P. A. David B. Jeffers. commissary-sergeant, United Stat~s Army, re­ Engineer Walter M. McFa:rland, promoted. tired, to be second lieutenant, vice Burton, discharged. ·Ninth Regiment Volunteer Infantry. SENATE. William H. Coston, of Ohio, to be chaplain, vice Walker, re­ signed. MONDAY, January 23, 1899. First Regiment Volunteer Engineers. Prayer by the Chaplain. Rev. W. H. MILBURN, D. D. Lieut. Col. Harry F. Hodges, to be colonel, vice Griffin, re­ LUCIEN BAKER, a Senator from the State of Kansas, appeared signed. in his seat to-day. Maj. JohnS. Sewell, to be lieutenant-colonel, vice Hodges, pro­ The Secretary proceeded to read the Journal of the proceedings moted. of Saturday last, when, on motion of Mr. FAULKNER, and by Caot. William G. Ramsay, to be major, vice Sewell, promoted. unanimous consent, the further reading was dispensed with. Fiist Lieut. Henry C. Wilson, to be captain, vice Ramsay, pro­ The PRESIDENT pro tempore. The Journal stands approved. moted. Second Lieut. Chauncey Eldredge, to be first lieutenant, vice LOS~ES BY LOYAL SEMINOLES. Wilson. promoted. · Tho PRESIDENT pro tempore laid before the Senate a com­ Sergt. Maj. Justin Burns, to be second lieutenant, vice Eldredge, munication from the Secretary of the Interior, transmitting, in promoted. response to a resolution of the 17th instant, copies of the loyal To be signal offwe?' with the rank of captain. Seminole rolls, and also the report of the commissioners appointed to investigate s e·minole losses; which, with the accompanying First Lieut. Alvar G. Thompson, United States Volunteer Sig­ papers, was referred to the Committee on Indian Affairs, and nal Corps, vice Sample, discharged. ordered to be printed. To be signal officers with the 1·ank of first lieutenant. CREDENTIALS. Second Lieut. Charles H. Gordon, United States Volunteer Sig­ The PRESIDENT pro tempore presented the credentials of nal Corps. vice Coe, discharged. EuGENE HALE, chosen by the legislature of .Maine a Senator from Second Lieut. Alson J. Rudd, United States Volunteer Signal that State for the term beginning March 4, 1899; which were read Corps, vice Reddy, discharged. and ordered to be filed. Second Lieut. William Mitchell, United States Volunteer Signal PETITIONS AND MEMORIALS. Corps, vice Thompson, promot~d. The PRESIDENT pro tempore presented a concurrent resolu­ To be signal officers with the 1·ank of second lieutenant. tion of the assembly of the Territory of Oklahoma, relative to First-Class Sergt. Charles C. Shew, United States Volunteer free homes for settlers on public lands; which was r eferred to the Signal Corps, vice Gordon, promoted. Committee on Public. Lands. First-Class Sergt. Robert B. Montgomery, United States Vol­ He also presented a memorial of the Romeyn Mutual Improve­ unteer Signal Corps, vice Rudd, promoted. ment Society of the Romeyn Church of the Fifth Avenue Presby­ First-Class Sergt. James P. Anderson, United States Volunteer tenan Church of New York City, N.Y., remonstrating against Signal Corps, vice Mitchell, promoood. the seating of Cong-ressman-elect B. H. Roberts, of Utah; which First-Class Sergt. Edward E. Kelley, United States Volunteer was ordered to lie on the table. Signal Corps, vice Campbell, promoted. .Mr. Q.lJ A Y presented a memorial of the Board of Trade of Phil­ To be b1-igade surgeon with the 1·ank of major. adelphia, Pa., and a memorial of the Grocers and Importers' Ex­ change, of Philadelphia, Pa., remonstrating against the failure to Orlando Ducker, of Kentu~ky. provide for the maintenance of a pneumatic-tube system in the Seventh Regiment Volunteer Infantry. post-office at that city; which were referred to the Committee on Owen T .. Kenan, of Georgia, late major, First Georgia Volun­ Appropriations. teers, to be captain, vice B~rnhard, resigned. He also presented a petition of the Local Union No. 28, United Sergt. Daniel T. Brantley, Company D, Seventh United States Brotherhood of Carpenters and Joiners, of Philadelphia, Pa., and Volunteer Infantry, to be second lieutenant, vice Hunter, dis· a petition of Local Union No. 56, Journeyman Tailors of America, charged. . of Philadelphia, Pa., praying for the passage of the eight-hour PROMOTIONS IN THE ARMY. bill: which were referred to the Committee on Education and Labor. ·. CA VA LBY ARM. He also presented petitions of the congregations of the First To be captain. Congregational Church of Rochester and the Central Presbyterian First Lieut. John M. Stotsenburg, Sixth Cavalry, December 14, Church of Allegheny; of the Penns Park Young Woman's Chris­ 1898, vice Knox, Sixth Cavalry, appointed inspector·general, with tian Temperance Union, of Bucks County; of the United Presby­ rank of major, who resigns his line commission only. terian Congregation of Canonsburg, and of the Brownburg Union, 1899. c·ONGRESSIONAL RECORD-SENATE. 919

of Bucks County, all in the State of Pennsylvania, praying for in the production of rainfall. It is not a large document, and the the enactment of legislation to prohibit the sale of liquor in can­ cost of printing will come within the limit fixed by law. teens of the Army and Navy and of Soldiers' Homes, and in im­ The motion was agreed to. migrant statiOllS and Government buildings; which were referred REPORTS OF COMMITTEES. to the Committee on Military Affairs. Mr. LODGE presented a petition of the Chamber of Commerce Mr. McBRIDE: from the Committee on Public Lands, to whom of Boston, Mass., praying for the enactment of legislation to pro­ was referred the bill (H. R. 8162) to authorize the Secretary of the vide for the reorganization of the consular service; which was Interior to rent or lease certain portions of forest reserve, reported referred to the Committee on Commerce. it without amendment, and submitted a report thereon. He also presented a petition of the Builders' Exchange, of New Mr. McMILLAN, from the Committee on the District of Colum· Bedford, Mass., praying for the enactment of legislation to in­ bia, submitted a report, accompanied by a bill (S. 5318) for there· crease American shippmg; which was referred to the Committee lief of Francesco Perna; which was read twice by its title. on Commerce. Mr. TURNER, from the Committee on Pensions, to whom was He also presented a petition of the Woman's Christian Temper­ referred the bill (S. 3475) granting a pension to Charles (,Titzer, ance Union, of Fall River, Mass., praying for the enactment of reported it with amendments, and submitted a report thereon. legislation to prohibit the sale of liquor in canteens of the Army Mr. HOAR, from the Committee on the Judiciary, I'eported an and Navy and of Soldiers' Homes, and in immigrant stations and amendment proposing to appropriate $10,000 to defray the cost of Government buildings; which was refe1Ted to the Committee on the employment of auditors in the Court of Claims, intended to be Military Affairs. proposed to the legislative, executive, and judicial appropriation He also presented a petition of the general association of the bill, and moved that it be referred to the Committee on Appro· Congregat10nal Church of Massachusetts, praying that the provi­ priations and printed; which was agreed to. · sion in the appropriation bill allowing the sale of liquor in the He also, from the same committee, to whom was refeiTed the · Territory of Alaska be stricken out; which was referred to the letter from the Attorney-General in response to concurrent reso­ Committee on Territories. lution of the Senate of June 1, 1898, transmitting the form of a Mr. PERKlNS presented a petition of Napa Grange, No. 307, civil code and a code of civil procedure for the district of Alaska, Patrons of Husbandry, of Napa, Cal., praying for the immediate etc., asked to be discharged from its further consideration and construction of the Nicaragua Canal; which was ordered to lie that it be referred to the Committee on Territories; which was on the table. · agreed to. ' He also presented a petition of Napa Grange, No. 307, Patrons COURTS IN TENNESSEE. of Husbandry, of Napa, Cal., praying that the Constitution of the Mr. HOAR. I report back from the Committee on the Judi­ United States be so amended as to admit of the election of United ciary without amendment the bill (H. R. 11029) to chang-e and States Senators by a direct vote of the people; which was referred fix the time for holding the district and circuit courts of the to the Committee on Privileges and Elections. United States for the northern division of the eastern district of Mr. HOAR presented the memorials of R. E. Cooper and 10 Tennessee. I ask the attention of the Senators from Tennessee other citizens of Massachusetts; of Elisha Roberts and 20 other to this bill. I understand that both Senators from Tennessee citizens of New Jersey; of H. C. Paine, J. S. McKean, and 21 other approve the bill, and I ask that it be put on its passage now. citizens of Pennsylvania, and of Otto Winkler and 34 other citi­ There being no objection, the Senate, as in Committee of the zens of Wisconsin, remonstrating against any extension of the Whole, proceeded to consider the bill. sovereignty of the United States over the Philippine Islands in The bill was reported to the Senate without amendment, ordered any event. and over any other foreign territory without the free toll third reading, r~ad the third time, and passed. . consent of the people thereof; which were referred to the Com­ mittee on Foreign Relations. COURT OF CLAIM:S PROCESS. Mr. McMILLAN presented a petition of the Dental Society of Mr. HOAR. I am directed by the Committee on the Judiciary, Detroit, Mich., praying for the enactment of legislation to provide to whom was refened the bill (S. 5128) to provide for the attend· for the appointment of dentists in the Army of the United States; ance of witnesses in matters pertaining to the Court of Claims, to which was referred to the Committee on Military Affairs. report it favorabiy without amendment. I ask for the present He also presented a memorial of Local Union No. 208, Cigar consideration of the bill. Before it is read for information I Makers' International Union of America, of Kalamazoo,- Mich., should like just to say that it merely codifies and reenacts the ex· remonstrating against the annexation of the Philippine Islands; isting law and removes a doubt as to the power of the court to which was referred to the Committee on Foreign Relations. have its process issue outside of the District of Columbia. I my· · He also presented a petition of sundry citizens of"Duplain, Mich., self think it does not change the law, but the court thinks it is praying for the enactment of legislation to prohibit the sale of donbtful. liquor in canteens of the Army and Navy and of Soldiers' Homes, There being no objection, the Senate. as in Committee of the and in immigrant stations and Government buildings; which was Whole, proceeded to consider the bill. · referred to the Committee on Military Affairs. The bill was reported to the Senate without amet}.dment, ordered Mr. WARREN. I present the petition of Charles F. Mander­ to be engrossed for a third reading, read the third time, and passed. son, of Omaha, Nebr., praying for the passage of the bill (S. 5223) providing for the establishment and erection of a military post INSANE ASYLUM IN OKLAHOMA TERRITORY. near the city of Sheridan, in the State of Wyoming, and making Mr. HANSBROUGH. Iamdirected by the Committee on Pub­ an appropriation therefor. I move that the petition be printed as lic Lands, to whom was referred the bill (H. R. 10666) authorizing a document and referred to the Committee on Military Affairs. the Secretary of the Interior to permit the use of the buildings on The motion was agreed to. the Fort Supply Military Reservation, in Oklahoma Territory, for Mr. GALLINGER presented a petition of the Humane Society an insane asylum, to 1·eport it without amendment. This is a very of Bangor, Me., praying for the passage of the bill for the further brief bill, and there being no objection to it, I ask unanimous con­ prevention of cruelty to animals in the District of Columbia; sent that it be considered at this time. which was referred to the Committee on the District or Columbia. There being no objection, the Senate, as in Committee of the Mr. MASON presented a petition of the Woman's Christian Whole, proceeded to consider the bill. Temperance Union of Rockford, Ill., praying for the enactment The bill was reported to the Senate without amendment, ordered of legislation to protect State anti-cigarette laws by providing to a third reading, read the third time, and passed. that cigarettes imported in original packages on entering any JUDICIAL DISTRICTS :rn TEXAS. State shall become subject to its laws; which was referred to the Mr. CHILTON. I am directed by the Committee on the Judi­ Committee on Interstate Commerce. ciary, to whom was referred the bill (H. R. 9955) to ti·ansfer the REPORT ON NAVAL ARCHITECTURE, county of Menard, in the t:;tate of Texas, from the western district Mr. HALE. I present a letter from the Secretary of the Navy, of Texas to the northern district of Texas, and for other purposes, together with a report of the board on the course in naval archi­ to report it without amendment. It is a brief bill, and I ask unani­ tecture, relative to the impo1·tance of providing for a thorough mous consent for its present consideration. course in naval architecture at the Naval Academy, Annapolis. There being no objection, the Senate, as in Committee of the I move that the letter and accompanying report be printed as a Whole, proceeded to consider the bill. document and referred to the Committee on Naval Affairs. The bill was reported to the Senate without amendment, ordered The motion was agreed to. to a third reading, 1·ead the third time, and passed. REPORT ON PRODUCTION OF RAINFALL. DEFICillNCY APPROPRIATIONS. Mr. PETTIGREW. I move that Senate Executive Document Mr. HALE. I report back from the Committee on Appropri­ No. 45, Fifty-second Congress, first session, be reprinted. It is a ation without amendment the bill (H. R. 11716) making-appro­ letter from the Secretary of Agriculture, in response to Senate priations to supply urgent deficiencies in the appropriations for resolution of February 23, 1892, transmitting the report of the the fiscal year ending June 30, 1899. I ask that the bill be put agent of the Department of Agriculture for making· experiments upon its passage. 920 CONGRESSIONAL -RECORD-SENATE. JANUARY 23, .

The PRESIDENT pro tempore. The Secretary will read the bill company organized under the laws o.i the States of Florida and for the information of the Senate. ~aban;m, to build one bridge over each of the following-named The Secretary read the bill, as follows: rivers m the State of Alabama, namely, the Alabama River the Be it enacted, etc., That the following sums be, and the same are h ereby, Warrior River, the Sipsey River. and the Tennessee River? the appropriated. out of any money in the Treasury not otherwise appropriated, said bridges to be used and operated for and in behalf of the P~nsa­ to supply deficiencies in the appropriations for the fiscal year 1899, namely: cola and Northwestern Railroad Company to cai·ry freight and TREASURY DEPARTMENT. passengers by rail and otherwise; which was read twice by its For salaries of special agents, and for actual expenses of examiners detailed title, and referred to the Committee on Commerce. to examine the books, accounts, and money on hand at the several subtreas­ uries and depositories, including national banks acting as depositories under He also introduced a bill (S. 5333) to amend section 2 of the act - the requirements of section3M9of the Revised Statutes of the United States, of June 27, ~898, T~t~eth Statutes at Large, chapter 503; which also including examinations of cash accounts at ~ts, $2,000. was read tWice by Its title, and referred to the Committee on the DISTRICT OF COLUMBIA. Judiciary. For cleaning snow and ice from cross walks and gutters, under the act ap­ Mr. FAULKNER. I introduce a bill which I understand has proved March 2, 1895, $1,000, one half of which sum shall be paid on t of the rev­ received the indorsement of the Bar Association of the District of enues of the District of Columbia and the other half out of the Treasury of the United States. Columbia. I ask that it be read twice and referred to the Com­ HOUSE OF REPRESENTATIVES. mittee on the District of Columbia. For miscellaneous items and expenses of special and select committees, The bill (S. 5334) to establish a municipal court for the Dis­ trict of Columbia, to abolish the offices of justice of the peace $20F~· stationery for members of the Honse of Representatives, including and constable, and for other purposes, was read twice by its title $5,000 for stationery for the use of the committees and officers of the House on account of the fiscal year 1898, $5,000. and referred to the Committee on the District of Columbia. ' For wrapping paper, pasteboard, paste, twine, newspaper wrappers, and Mr. PERKINS introduced a bill (S. 5335) to amend the laws other necessary materials for folding, for the use of members of the House, r~lating to obstructions to navigation and for the protection of and for use in the Clerk's office and the House folding room (not including en­ velopes, writing paper, and other paper and materials to be printed and fur­ hfe. an<'l; property from dangerous practices; which was read twice nished by the Public Printer, upon requisitions from the Clerk of the House, by 1ts title, and referred to the Committee on Commerce. under the provisions of the act approved January 12, 1895, for the public print­ Mr. MASON introduced a bill (S. 5336) to establish a training ing and binding), $3.000. school for army cooks; which was read twice by its title, andre· The PRESIDENT pro tempore. Is there objection to the present ferred to the Committee on Military Affairs. _ consideration of the bill? ~e also introduced a bill (S. 5337) granting a pension to Maria _ There being no objection, the bill was considered as in Commit­ Wilder Ragan; which was read twice by its title, and, with. the tee of the Whole. accompanying papers, referred to the Committee on Pensions. The bill was reported to the Senate without amendment, ordered He also introduced a bill (S. 5338) granting a pension td Julia to a third reading, read the third time, and passed. Watkins Brass; which was read twice by its title, and, with the BILLS INTRODUCED, accompanyin~ papers, referred to the Committee on Pensions. He also introduced a bill (S. 5339) to correct the military record Mr. BERRY introduced a bill (S. 5319) to change and fix the of JohnS. Dodge, alias Charles E. Leslie; which was read twice time of holding the terms of the district and circuit courts at by its title, and, with the accompanying paper, referred to the Batesville, Ark.; which was read twice by its title, and referred Committee on Military Affairs. to the Committee on the Judiciary. Mr. PLATT of Connecticut introduced a bill (S. 5340) to provide Mr. L lN DSAY (by request) introduced a bill (S. 5320) to secure for submitting to the Court of Claims for determination the claims greater accuracy and efficiency in the management of fourth-class of the Mississippi Choctaws, or of those Choctaws claiming rights, post-offices; which was read twice by its title, and referred to th~ under the fourteenth article of the treaty of 1830, in the Choctaw Committee on Post-Offices and Post-Roads. Nation and the lands and funds thereof; which was read twice by~ Be also introduced a bill (S. 5321) for the relief of the estate of its title, and referred to the Committee on Indian A:ffa.irs. . JosephS. Hubbard, deceased; which was read twice by ita title, ~·GEAR introduced a bill (S. 5341) granting a pension to and referred to the Committee on Claims. Luma F. Baker; which was read twice by its title, and, with the He also introduced a bill (S. 5322) for the relief of M. B. Buford; accompanying papers, referred to the Committee on Pensions. which was read twice by its title, and referred to the Committee Mr. CULLOM introduced a bill (S. 5342) granting a pension to on Naval Affairs. John M. Palmer; which was read twice by its title. .Mr. MURPHY introduced a bill (S. 5323) grantinganincreaseof Mr. CULLOM. I desire to state that I introduce this bill in be­ :pension of Virginia Forse; which was read twice by 1ts title, and half of our late colleague in the Senate, not by his request, but by refened to the Committee on Pensions. the request of many friends who are anxious that the General shall Mr. McENERY introduced a bill (S. 5324) for the relief of the have the pension designated in the bill. I make this remark be· estate of Phillip McGuire, deceased, late of New Orleans, La., cause I desire to call the attention of the Committee on Pensions and Catherine McGuire, of New Orleans, La.; which was read to the bill before it goes to them. twice by its title, and refen-ed to the Committee on Claims. The PRESIDENT pro tempore. The bill will be referred to the Mr. NELSON introduced a bill (S. 5325) authorizing the pur­ Committee on Pensions. chase of the portrait of Senator Justin Smith Morrill; which was read twice by its title, and referred to the Committee on the AMENDMENTS TO APPROPRIATION BILLS. Library. Mr. LODGE submitted an amendment relative to the repair of Mr. McMILLAN inb·oduced a bill (S. 5326) for the extension of the land telegraph and submarine cable system connecting the New Hampshire avenue; which was read twice by its title, andre­ islands of Nantucket and Marthas Vineyard with the mainland, ferred to the Commitee on the District of Columbia. and also for the construction of such additional submat·ine cable He also introduced a bill ( S. 5327) relating to the office of sec­ and land telegraph lines to cross Cuttyhunk Island and to make retary of the District of Columbia; which was read twice by its New Bedford the western terminus of the system, etc., intended title. and, with the accompanying paper, referred to the Commit­ to be proposed by him to the Agricultural appropriation bill; which tee on the District of Columbia. was ordered to be printed, and, with the accompanying letter from He also introduced a bill (S. 5328) to prohibit the sale of intoxi­ the Secretary of Agriculture, referred to the Committee on Appro- cating liquors on Sunday in the District of Columbia; which was priations. . . read twice by its title, and referred to the Committee on the Dis­ Mr. WHITE submitted an amendment authorizing the Secre­ trict of Columbia. tary of War to accept from the State of California and its officers Mr. TURLEY introduced a bill (S. 5329) for the relief of Clara the use, possession, or title of any dredger, tools. machinery. or E. Bryan; which was read twice by its title, and, with the accom­ appliances owned or controlled by that State, etc., intended to be panying papers, referred to the Committee on Claims. proposed by him to the river and harbor appropriation bill; which He also introduced a bill (S. 53~0) for the relief of the board of was referred to the Committee on Commerce, and ordered to be trustees of La Grange Synodical College, of La Grange, Tenn.; printed. which was read twice by its title, and, with the accompanying pa­ Mr. CHANDLER submitted an amendment proposing to appro­ pers, referred to the Committee on Claims. priate $900,000 for transportation of mail by pneumatic tube or Mr. MALLORY introduced a bill (S. 5331) granting the right other similar devices, by purchase or otherwise, intended to be of way to the Pensacola and Northwestern Railroad Company proposed by him to the Post-Office appropriation bill; which was over and through the public lands ·of the United States in the refeiTed to the Committee on Post-Offices and Post-Roads, and or- States of Florida, Alabama, Mississippi, and Tennessee, and grant­ dered to be printed. · ing the right of way to said railroad company over and through Mr. PETTUS submitted an amendment proposing to appropri­ the United States naval and military reservations-near Pensacola, ate $171,238.75 for necessary and special facilities on trunk lines in the State of Florida; which was read twice by its title, andre­ from New York and Washington toAtlantaand New Orleans, in­ ferred to the Committee on Commerce. tended to be proposed by him to the Post-Office appr9priation bill; .He also introduced_a bUI (S. 5332) granting the right and au­ which was referred to the Committee on Post-Offices and Post· thority to the Pensacola and Northwestern Raili-oad Company, a Roads, and ordered to be printed. · 1899. CONGRESSIONAL ·.RECORD-SENATE. 921

CHARLES OBERLANDER AND BARBARA .M. MESSENGER. with both races." Further intercourse wtth them has confirmed me in this opinion. (Admiral Dewey to Secretary of Navy, Au~ust 29, 1898; Senate The PRESIDENT pro tempore laid before the Senate the fol­ Document No. 62, part 1, Fifty-fifth Congress, third session.) lowing message from the President of the United States; which That fl.a~ bas been planted in two hemispheres, and th~re i~ remains, the was read: symbol of liberty and law, of peace and progress. \Vbo will Withdraw from the people over whom it floats its protecting folds? Will the people of the To th.e Senate: . South help to haul it down? (President McKinley, address at Atlanta, Gn.., ·In response to the resolution of the Senate of F~brnary 16, 1898, I transrmt December 16, 1898.) herewith a report from the Secretary of· State, With accompanymg papers, The mission of the United States [tothePh.ilippinelslands] is one of benev­ in the matter of the arbitration of the claims of Charles Oberlander and Bar­ olent assimilation, substituting the mild sway of justice and right for arbi­ bara M. Messenger against the Government of MwtLL!AM McKINLEY. trary.rule. (President McKinley to the Secretary of War, December21, 1898.) EXECUTIVE MANSION, Washington, January SS, 1899. Mr. President, the extracts which I have read are announce­ ments of the Supreme Court of the United States and include The PRESIDENT pro tempore. The Chair is not informed to declarations from the President of the United States and from the which committee the message and papers should go. The atten­ distinguished naval commander whose victory at Manila has tion of the Senator from California [Mr. PERKINS] is called ~o it. Mr. PERKINS. I think it should be referred to the Committee made him an historical character. I do not intend to elaborately discuss the question of law here­ on Foreign Relations. :My colleague perhaps is more familiar tofore debated. I do not believe that it will serve any useful pur­ with the subject than I· am. pose to enter into an attempted differentiation between the author­ .Mr. WHITE. If it will n·ot be objectionable to my colleague, ity of the United States in its relation to foreign powers and its I suggest that the message lie on the table for the present. authority as regards domestic affairs. I dispute the contention Mr. PERKINS. That com·se will be satisfactory. I reque~t which seeks to Jrive jurisdiction in the one case and to deny it in that the message and the accompanying papers be printed and lie the other, and which limits the operation of the Constitution as to on the table. · the rights of Territories and new acquisitions to Congressional The PRESIDENT pro tempore. Without objection, that will discretion, denying to those within such area" the equal protec­ be the order. tion" of our laws and reducing their constitutional rights to the CHARLES K. KIRBY AND OTHERS. insignificant and problematical protection of colonia! dependen- Mr. WHITE. I ask unanimous consent for the presen~ consid­ cies. · eration of the bill (S. 4748) for the relief of Charles K. Kirby and It appears to me that when our Constitution was made it was Edinger Bros. & Jacobi. A substitute for the bill is recommended supposed that the United States would never extend its domain' by the Treasury Depart~ent, and it is very ~hort. . save over those who were not only within the equal protection of There being no objection, the Senate, as m Comnnttee of the its laws, but who were competent to participate in the efforts of Whole, proceeded to consider the bill, which had been repor~d an aspiring people to conserve for themselves and humanity the from the Committee on Finance with an amendment, to strike benefits of representative civilization. Whatever may be the out all after the enacting clause and insert: truth as to the issue of jurisdiction, l design to discuss this sub­ That the Secretary of the Treasury is llareby authorized and directed to ject more largely from the standpoint of policy. ascertain the amount ot internal-revenue tax assessed or now dn~ on brandy It is conceded by all that the latter proposition is open for de­ produced by Charles K. Kirby, u~der t~e .name and styl_e of Ed~ger Bros. & Jacobi and Lachman & Jaeobi, at diStillery No. 263 .. m_the FU:st. collec­ bate. Those who are regardless of organic restraints so admit. I tion district of California. and destroyed b:t. and the said Lachman & Jacobi, so much of the tax on the prandy which he shalJ reference to the subject of the construction of the Constitution on ascertain bas been so lost or destroyed, as aforesaid, as shall have been expansion problems. It is certain that we can never agree as to assessed against them., respectively. that proposition. The sentim.ents of Senators of uncommon ability, The amendment was agreed to. the carefully expressed ideas of men of profound learning in this The bill was reported to the Senate as amended, and the amend­ country and elsewhere, as found in the public prints, demon­ ment was concurred in. strll.te the futility of any endeavor to procru·e accord upon this The bill was ordered to be engrossed for a third reading, read topic. the third time, and passed. H we are considering the subject as necessitating the declaration ACQUISITION OF TERRITORY. of our sentiments and as establishing a record here which may be of use hereafter, that has already been done by Senators of emi­ Mr. WHITE. Mr. President, I gave notice that to-day I would nence upon both sides of this important issue. offer a few remarks with reference to joint resolution No. 191,in­ M.r. President, we are to-day confronted by a situation which troduced by the Senator from Missouri [Mr. V:E?T], which _I desire all must admit does not agree in all respects, if it does not differ to have laid before the Senate, and also the Jomt resolution No. in principle with that which has heretofore been presented. 211, introduced by the Senator from Georgia [Mr. BACON]. lt will be conceded, I take it, that while we may have the The PRESIDENT pro tempore. The Chair lays before ~be ~n­ authority to annex territory, as contended by the most advanced ate the joint resolutions indicated by the Senator from Califorma. advocates of annexation, and to the ultimate extent for which The SECRETARY. A joint resolution (S. R. 191) declaring that they plead, yet notwithstanding all this, the propriety of the under the Constitution of the United States no power is g1vep. to exercise of such power must depend upon circumstances; and the the Federal Government to acquire territory to be held and gov- fact of the possession of the authority furnishes no reason for any erned permanently as colonies; and . . . . assertion not warranted by right. A joint resolution (S. R. 211) relative to the acqms1tion of for­ Hence, finally, speaking from the standpoint of policy, we must eign territory. ask ourselves this question: Shall we bring the Philippine Islands Mr. WHITE. Mr. President- within our confines? Shall we introduce them to this home of This grant (the power to lay and collect taxes, etc.) is general w;ithout intelligence and manly effort? Shall we acquire these islands limitation as to place. It consequently extends to all places over which the Government extends. (Loughborough vs. Blake, per Marshall, C. J., 5 Wheat., under the conditions now confronting us? Is it better for us that 323 we should do so? This is the issue. I shall endeavor, Mr. Presi­ .fhere is certainly no power given by the Constitution to the .Fede;al Gov-. dent, to impress upon the Senate the fact that "charity begins at ernment to establish or maintain colonies !Jordering on the U?Jted States or at a distance, to be ruled and governed at Its own pleasure. "' * • It (the home;" that while we may owe much without, there never has n ew acquisition 1 is acQuired to become a State, and not to be held as a colony been a time when the mission of this Republic based upon solid prin­ b;v Congress with absolute anthority. (Dred Scott vs. Sandford, per Taney, ciples, involved the necessity of embarking in the instantaneous 9 C. fhls J!~'!i~~~ never been reconsidered in the Supreme Court of the ciVilization of foreign peoples or in converting into its own con­ United States. (Justice Miller's Lectures. page 406.) . fines the seeds of dissolution. If we or the Filipinos must suffer Manifestly the nationality of the inhabitants of territory acqmr~d. by con­ I vote for our own benefit. qnest or cession becomes that of the ~overnme~t under who~ doml~Ion they If we have formed a nationality of which we are proud, a system passed, subject to the right of el~ction on thell' p~rt to retam their former nationality by removal or otherWlSe as may be provided.. (Boyd vs. Nebraska, concemingwhich we make noapology,a·Republicwhich weclaim per Fuller, C. J., 143 U.S., 186.) . . . . . to be peerless, it is our duty, solemnly and positively, to see that That the provisions of the Constitution of the Umted State~ relating to the right of trial by jury in suits at common law a"Qply to the 'l'erritories of the the organization which we have created remains pure. The com­ United States is no longer an opel?- question. (T~ompson vs. Utah, per Har­ panionship which we are authorized to seek in the accretions of lan, J., 170 U.S., 340; Callan vs. Wilson, 127 U. S., 551.) national honor must be the association of those who are fitted to I speak not of forcible annexation.. fo! that can npt be thou~ht of. T~t, exercise the lofty prerogatives appertaining to self-rule-that con­ by our code of morality, would he crumnal aggressiOn. (PreSident McKin­ ley, messages December, 1897, and A_prilll, 1898.) dition which we have so promoted as to render competent gov­ The United States disclaims any disposition or intention to exercise sov~r­ ernmental companionship essentially difficult. There is another eignty, jurisdiction, or control over said island [Cuba] except for the paCifi· consideration hardly less controlling, and when coupled with the cation thereof, and asserts its determination, when that is accomplished, to leave the government and control of the f&land to its people. (Joint resolu­ question of individuality the subject becomes of paramount im­ tion, Congres.<>ional Record, Fifty-fifth Congress, second session, volume 31, portance. I refer to the remoteness of those affected. · part 4, page 3393. ) . . Mr. President, we know but little of the true inwardness of the In a telegram sent to the. J:?epartment on Jun~ 23~ I exp!e~ed t~e opuuon that "these people [the Filipmos) are far superior m their mtelhgence and Philippine Islands. No one seems to be thoroughly advised as to more capable of self-government than the natives of Cuba, and I am familiar the exact character of all of the inhabitants of that territory. We 922 CONGRE'SSIONAL -RECORD-SENATE. JANUARY -23, are unable even to say how many is1ands there are which come sponse to criticisms made as to his conduct, questioned the atti­ within this attempted cession. We can not define the area so far tude of Aguinaldo and his colleagues, appear to have been exces­ as it is fit for cultivation, civilization, or for any other legitimate sively anxious to retain their positions, and this may account for end. But in the midst of this ambiguity we at least know that the want of lucidity in their correspondence, taken as a whole. the Philippines are tenanted by a very peculiar mass, a heteroge­ ~et.I must confess that I arise from a perusal of this record be· neous compound of inefficient oriental humanity. I care not, for hevmg that there are a number of able men among the Filipinos, the purposes of my argument, whether these islanders are fit for persons who are adequately educated to attend to the more com­ free government as you, Mr. Pre~ident [Mr. FRYE in the chair], plex affairs of life, but that the vast mass of the inhabitants are, and as I understand it. If they are so fitted, they should be per­ and will for many years remain, in a condition far below that mitted to establish a free government; if they are not so fitted, which every well-informed American believes to be essential to they should not be brought into an alliance with us; we do not in citizenship and even to presence within our borders. I do not mean that event want them. Those who ru·e incompetent to control by this that no local government can be established, but I do themRel ves should not be of us. We do not seek the irresponsible. mean that no governmental institution on as high a plane as ours I have examined with some care the record which wa.s made will be maintained for many years in that region. before the Peace Commission of which you, Mr. President, were But such government will never be an accomplished fact unless an honored and efficient member, and I fail there to find. anything opportunity is given. Whatever may be asserted in enthusiastic altering or affecting my view as regards the treaty. moments, I do not hesitate to say that it is n'ot the mission or place · In the first place, it i~ evident that the Philippine people suffered of the American people to assume responsibility for such a popu­ under the dominion of the parent country. I do not doubt that. lation or to educate, otherwise than by ~xample, and certainly not It is clear that gross exactions in the way of taxation and illegiti­ under the influence of the sword, the protesting occupants of mate imposts were levied upon them; that personal indignities tropical climes. I deny our duty to civilize sue~ an aggregation. and cruelties were inflicted. I am ready to concede that the same Clearly these alien races who, as far as history has furnished evi· record contains recitations of some abominable transactions on dence, have not been found adapted for the highest civilization, the part of the insurgents.- I might refer to the statement of a ought not to be introduced here, as they are not competent to witness bef

lastingly hold this group, can there be any objection to the adoption Mr. WHITE. Mr. President, it·wauld·:ce-rtainly take a very of that resolution? long time to bring a ·Mohammedan of .Mindanao to resemble in - But what do we find outside of this? I have already referred to any degree or to briltg him to a likeness to the distinguished Sen­ the remarks of the President of the United Stat.es delivered, not ator from New Hampshire. [Laughter.] I do not think the in his message only, for in his message he refers to forcible an­ President had anyth~ng of that kind in view. I trust not. nexation as a crime and denounces it as an offense against public Whatever may be the definition of the Senator from New morality as defined by us, but on a public occasion he again re­ Hampshire or of some one else, it is palpable from these latter... ferred to the Filipinos and spoke of the :flag that had been planted day expressions that it is the policy to permanently dominate the in that hemisphere. He said: Filipinos, and, as just remarked, if it-were otherwise why do-ex­ There it remains the symbol of liberty and law, of peace and progre!:ls. pansion Senators hesitate with reference to the resolution pro­ Who will withdraw from the people over whom it floats its protecting folds? posed by the Senator from Georgia? Will the people of the South elect to haul it down? Ah, they tell us, "Wait, wa-it! That resolution will pass in the And in the letter to the Secretary of War, to which I have also sweet by and by-as soon as the treaty has become the supreme law adverted, the President declared that our policy to~ard those of the land." But, Mr. President, notwithstanding our faith in the islands is that of "benevolent assimilation." What is meant by integrity of our friends of different opinions as ·to this issue, wa ''benevolent assimilation?" Who shall define that? The word know that they change their views, and we would rather-have "assimilation" implies absd'rption, taking in. True, the President them tied up, strongly and irrevocably committed, before we per­ guarantees us that he will not assimilate those people violently. mit ratification of the treaty. We fear that we may Iiot get There will no doubt be something of an anresthetic character "unanimous consent" for the hearing and passage of this resolu­ with reference to that assimilation. tion after the treaty has been concluded. · 1\Ir. CHANDLER. Mr. President, the other day when this For my own part, I am opposed to the entire design, -but upon "benevolent assimilation" bugbear was presented in the Chamber any theory whatever, upon any theory which -anyone, outside of a I looked at Webster's Unabridged Dictionary, and I found that very few Senators, is willing to father in this Chamber, it follows ''assimilation" does not mean absorption, whether benevolent or that it is our duty, if we have the sl-ightest regard for our position otherwise. Webster says " assimilation" is: before the world, to indicate in advance what-we intend to do. Now, Mr. President, let me ask-any Senator on the other side of (1) The act of assimilating or bringing to a resemblance, ,ikeness, or identity. the proposition whether at the time the Senator from Colorado [Mr. TELLER] offered an amendment to the Cuban r-esolutions, The argument the Senater is making, and which the Senator which has already been read, in which it was said by this body · from South Carolina [Mr. TILLMAN] has made, that "assimila­ and by the Congress: tion" means destruction, means gobbling up and destroying iden­ That the United States hereby disclaims any disposition or intention to tity, is not a fair argument, I submit to the Senator. exercise sovereignty, jurisdiction, or control over said island except for the Mr. WHITE. When theSenatorfromNewHampshireabsorbs, pacification thereof, and asserts its determination when that is accomplished say, a broiled live lobster, he assimilates it, or at least he ought to. to leave the government and control of th~ island to its people- [Laughter. _I Mr. CHANDLER. The h·ouble is that the Senator does not ap­ Was there any admission that we were waging a war of con­ preciate the different meanings that may be given to the same word. quest? No one had the boldness to make such a declaration. Undoubtedly the President thinks that we want to bring-- For what purpose did the United States embark in the war? It ' Mr. WHITE. Will the Senator from New Hampshire allow is well known here that the many difficulties which we now meet me to ask whether he speaks by authorit y of the President? were anticipated by some of us, but no one. supposed that we Mr. CHANDLER. Undoubtedly the President thinks as I do, would ever attempt to absorb islands on the Asiatic coast or if he is a wise man [laughter], and I think he is. Undoubtedly compel them into actual close communion with us permanently. the President thinks that we ought to bring these people into a Had an amendment to that resolution been offered providing that resemblance or a likeness to us, but not exactly to an identity; all possible acquisitions should be brought within its scope and and I hope the Senator will not give too much stress, as the Sena­ its letter, there would have been no opposition. · t.or from South Carolina did,- to the use of the words" benevolent Remembering that Admiral Dewey says, from personal contact assimilation." They sound finely to me, and I am sorry the Sena­ with the Filipinos and the Cubans, that the former are better tor from California does not like them. fitted for independent government than the latter, are we not h onestly bound by the spirit of our declaration to give an inde­ Mr. WHITE. Theapprecia ~i onoftheSenatorfromNewHamp­ shire, while intensely interesting and no doubt of advantage to pendent government to not only the Cuban people, but likewise himself, is not controlling as to me, and I trust not to many others. to the Filipinos, and we refuse to declare that the same rule which we applied to Cuba will be applied in the case under con- The Senator from New Hampshire confines himself to a part of sideration. - the definition, and therefore he should n ot criticise me if I refer to that portion which he omitted, of course not deliberately. Cer­ Mr. MASON. Will the Senator yield to me? tainly not. If the Senator from New Hampshire speaks by author­ The PRESIDING OFFICER (Mr. RAWLINS in the chair). Will ity of the President, and can assure us that the President defines the Senator from California yield to the Senator from Illinois? this word as he does, the situation may be slightly improved; but Mr. WHITE. Yes, sir. I do not know t hat 1 will have great 1·egard for the Presidential Mr. MASON. I have· heard so far the speeches of Senators on definition, although perhaps I will have more regard for the policy. the other side upon this question, and the Senator may remember Mr. CHANDLER. If the Senator will allow me, I think the the speech made by the distinguished Senator from Minnesota in President had this kind of assimilation iu mind that is given in which he disclaimed any intention of permanently governing the dictionary: these islands without their consent and by force. I think the Senator from Ohio practically made the same suggestion. I wish The pleasing illusions * * * which by a bland assimilation incorpor ated to ask the Senator whether he has ever had given to h ;m on this into politics the sentiments which b eautify and soften private society. floor by any of tho8e Senators any reason why we should treat the rLaughter.] • inhabitants of the Philippine Islands differently from the treat­ That is the kind of "benevolent assimilation" I mean, and the m ent given to the Cubans? kind which I think the President means. Mr. WHITE. I will say to the Senator from illinois that I have Mr. WHITE. Mr. President, I trust that the intention of the never known any one to attempt to give any such reason. President and of the Senator from New Hampshire is in each case Mr. 1\!A--.:ON. Have any of those Senators given to the Senate to blandly assimilate and to incorporate into our politics the senti­ any reason why we should not be willing to say so now? ments which will enable the Filipinos to beautify and soften pri­ Mr. WHITE. I believe that u pon that subject there is much vate society. Perhaps the Senator from New Hampshire believes mental reservation. [Laughter.] that the Filipinos will, after a century or so, come within the Mr. President, while I repeat that I do not believe either or any phraseology which he has employed. Possibly it will require the of these races are really fitted for companionship with us, yet, treatment, whatever it may be, which he advises to produce such under the peculiar circumstances of this situation , I am willing a change of character. It will not come until after they have to apply to the Philippine Islands the same rule that we h ave al­ been fully absorbed. ready declared we design to enforce in Cuba. Whether we apply Mr. CHANDLER. Mr. President, that may be, and perhaps that rule or not depends upon our good faith, and it is to be pre­ the Senator construes the word" assimilation" to mean amalga­ sumed that we will be loyal to our pledges, although we know mation. I can not be rer:;ponsible, of course, for the definition t hat we will have opposition of-a mercenary character. There is which the Senator from California gives; but I do not think that no danger in such a course. The Filipinos solicit it; the world "assimilation" means amalgamation, and I do not think "~~simi­ will be satisfied: all p ::>ssible obligations will b3 fulfilled. lation" means swallowing lJ.P and digesting and incorporating I affirm again that the design can not be to treat the Philippine in~o the identity of the individual or body politic. I simply stand Islands as we treat Cuba, or else Senators would not object to upon this definition, which says that "assimilation" may mean voting for a r esolution of that purport. either "resemblance, likeness, or identity," and the President Mr. Pres1dent, is there anything so alluring in the Philippine should have the benefit of the full scope of ail these meanings. Islands, even of a business character,.that we should be willing to - 924 CONGRESSIONAL RECORD-SENATE. JANUARY ·23,

throw aside our traditions, to disregard the teachings of our con­ one can give the precise number. It"is well enough to pretend that sciences, and to set aside every declaration w!.Iich statesmen of constitutional guaranties may be disregarded and that our newly national repute have ever made? Is there Jtnything, I repeat, annexed friends may be limited to a certain part of the United alluring in a business way? States. God forbid that we shall ever have a nation so divided Permit me to say that I do not give undue weight to purely against itself that we will not permit those who reside in one commercial considerations. When I behave that we can not part to visit elsewhere. No such attempted rule, I trust, will morally or in accord with our duty incorporate the Philippines, ever find its place, notwithstanding the agitations of any moment, the affair is at an end. But I appreciate that in some quarters a upon the statute books of the American Republic. different conception prevails. Boards of trade and chambers of Mr. MASON. Is it the Senator's opinion that under the Con­ commerce in various localities look forward to and with glowing stitution we can exercise sovereignty over one part of our country words portray the riches which they seem to think will drop into and prohibit the free intercourse of people from one to the other our laps. Thus was the siren voice raised in the case of Hawaii, part? and yet it is demonstrable to-day, as some of us said it would be Mr. WHITE. By no means. My understanding is exactly the demonstrated, that the local sugar growers alone made fortunes other way. I do not believe we can do anything of the kind. from annexation. Then we were told that numerous laborers Without entering into any extended discussion of the subject, I would go to Hawaii and find a long-sought opportunity for the am very clear that every child born anywhere withi}l the United development of their interests, and yet we have ascertained from States, whether you define it internationally or nationally or experience that these anticipations were not realized and that there otherwise, is a citizen of the United States. is no opening for such immigration. · This must be true under the decision rendered by the Supreme Thatacquisition was only valuable to the few and only dangerous, Court in United States vs. Wong Kim Ark (169 U.S., 649). as I thought, in the way of a precedent. However this may be, that There it was decided that a child born· in the United States of. is history; and the only excuse for our action is that it was not of Chinese parents who, at the time of his birth, are subjects of the a character sufficiently important to make it vital. But here we Emperor of China, but have a domicile in the United States and travel thousands of miles farther, and instead of having 100.000 are not employed in any diplomatic or official capacity under the people to deal with, we have 8,000,000 or 10,000,000, more obvi­ Emperor of China, becomes at the time of his birth a citizen of ously incompetent and more difficult to control. the United States by virtue of the first clause of the fourteenth t When you seek to acquire property, do you not look to the title amendment to the Constitution: and right of your grantor? Do you not ascertain what power he Allt>ersons born or naturalized in the United States and subject to the ·had, what jurisdiction he exercised, and what possession he enjoys? jurisdJCbion thereof are citizens of the United States and of the State wherein If he had nothing standing on the records, he must have had pos­ they reside. session indicating his entry and justifying his pretensions. If we It will be noted that the power granted to Congress by the Con­ cause peace and order to prevail in the Philippines, it will be the stitution is '• to establish an uniform rule of naturalization." It result of conquest, not of Spain, but of those whom Spain never is not easy to discover, even if we bring the Filipino within our subdued. fold, how we can have " an uniform rule of naturalization'' with· 'rhere are half of these islands which have never been under the out including the offspring of those who inhabit the islands from control of Spain. What must we do with them? If we ratify Mj ndanao to Luzon. , this treaty and pass laws under it, we have no alternative but The Senator from Louisiana ["Mr. CA.FFERY] has contributed an • to invade and subject them. We can not, as a gr~at nation, stand able argument regarding the citizen status of the Filipinos in case aside and permit unchallenged rebellion. If we ratify the treaty, of annexation. we must show the nations of the world that we have not only the As was well said by ex-Senator Edmunds: technical right, but also the physical strength to enforce our man­ A republic can have no subjecU!. Its people must be either citizens, slaves, dates; and hence it follows irresistibly that we must send our arms or aliens. abroad and bring the Mohammedans and others to submission. True, we may prevent the inhabitants of the Philippines from What kind of an enterprise is th1s to be? What will it cost, not voting for President or members of Congress and from otherwise in money, but in life? When we commenced the Spanish war, we availing themselves of some other benefits which they may theo· did not, I am persuaded, anticipate such a possibility. There retically enjoy by leaving the group in a Territorial condition. would have been more hesitation had we done so. Will we be able, Nevertheless, this will not affect the rule announced by the Su· we who live and constitute the "land of the free and home of the preme Court of the United States in Boyd vs. Nebraska, already brave," to justify ourselves to ourselves if we assume the respon­ mentiOned. It was there remarked: sibility of a war in the Tropics in such a cause? Mr. Justice Story, in his Commentaries on the Constitution, says: "Every Is this new possession untenanted and barren? Are the islands citizen of a Stat\3 is ipso facto a citizen of the United States," a.nd this is the uninhabited? On pages 404 and 405 of the document already ·rule expressed by Mr. Ra.wle in his work on the Constitution. Mr. Justice named wm be found a statement by General Greene, an officer Curtis, in Dred Scott vs. Sandford, 60 U.S., 19 How., 893, 576, expressed the opinion that under the Constitution of tbs United States "every free person who seemed to be very well advised. He informs us that taking born on the soil of a. State, who is a citizen of that State by force of its con­ the islands of Luzon, Panay, Cebu, Leyte, Bohol, and Negros. stitution or laws, is al o a citizen of the United States." And Mr. Justice the average population per square mile is 91; that of the island of Swayne, in Slaughterhouse Cases, 83 U. S., 16 Wall., 36, ~. declared that "a Cebu is 210, and of the island of Luzon 79. citizen of a State is ipso facto a citizen of the United States." He remarks: I do not believe that a man who is a citizen when in one part of The density of population in these six islands is nearly 5Q.per cent greater the United States can be anything less, no matter where he goes. than iu illinois and Indiana (census of 1890), greater than in Spain, about one­ Mr. :M:ASON. May I ask the Senator one question, if I do not half as great as in France, and one-third as great as in Japan and China. bother him? Then he gives the exact figures. He also furnishes information Mr. WHITE. The Senator does not annoy me at all. regarding Mindanao, Samar, Mindoro, Romblon, and Masbate, Mr. :M:ASON. Does the Senator believe that under the Consti· where he finds a population per square mile of 11. The leading tution and under the decisions of the Supreme Court it is possible islands of the group, those which are accessible, have a population for us to prohibit the sale of goods manufactured in any one part greater per square mile than Spain itself, and a population greater of the United States in any other part of the United States, or to per square mile than the great States of illinois and Indiana. . levy a different import duty? What are you going to do with all those people? Must they be Mr. WHITE. No. If we follow the mandate of our Constitu­ eliminated? When the process of benevolence and assimilation tion, our tariff and revenue laws can not be otherwise than uni­ has been accomplished, then probably we will be homogeneous, form. I do not understand that we have the power to make any and a common complexion will atone for the errors of the past. exception. But in these days new ideas are prevalent with refer­ Mr. President, what is to be gained by the contemplated pol­ ence to the construction of the Constitution, and a well-known icy? If mere trade is the object, there is no difficulty in pro­ professor of the city of Chicago has lately advanced the view to viding for it with any government which may be established. But which I referred this morning, that there are two jurisdictions I fail to see from statistical examination anythin~ to justify us within the United States, and that the Constitution extends over in assuming that the profits attending annexation and depending all of our acquisitions in an international sense and over the States upon it will nearly atone for the enormous expenditure and only in a domestic sense. It is needless for me, I trust, to say that extravagant outlay which must prove essential. Furthermore, I repudiate this interpre~ation. some years ago in the Congress of the United States there was a As I understand it, it was the design and the intention of the positive and aggressive agitation as to the Chinese question, framers of our organic law that the burdens resulting from revenue arising from the protest of the people of our Pacific coast. They taxation, that the fiscal obligations which we must endure be­ came before Congress and urged restrictive legislation. and that cause of the necessity of maintaining the Government, must be legislation was enacted, and we excluded Chinese laborers from distributed uniformly ove1· the entire United States; and until our shores. We kept them out, although they sought to come there is a decision from a more authoritative tribunal than can be in occasional shiploads only. Here it is proposed to bring in an found in any convention or university, I must beg leave to stand entire population, possessing to a large degree the same com- to that view. • petiti ve character, containing millions and millions of people-no Mr. President, it is said that after all we owe an obligation of 1899. CONGRESSIONAL RECORD-SENATE. 925 an ill-defined nature to somebody with reference to the Philip­ resources. and by invading the marts of the world and taking pines which makes it necessary to absorb them. To whom do we from other nations, in the peaceful struggles of the day, not by owe such obli~ation? Do we owe it to the people there? If so, force, but by brain and brawn, those great advantages which the surely they have aii~ht to waive it. If we are to assimilate them records of our Treasury Department show are ours. because of an obligat10n under which we rest to them, they must be Without running at all into elaborate figures, I will refer the allowed to discharge ns. .Annexation, absorption, or assimilation Senate. to the imports and exports of merchandise for the twelve they do not desire. months, in each case commencing in January and ending in . We stand in a singular position before the.world, and those of December, for the years 1893, 1894, 1895, 1896, 1897, and 1898~ us who are opposed to the new dispensation and policy are blamed But I will show in this connection here and now this fact only, in some quarters. It is said we complicate matter.s by delay. . that while in 1893 our exports exceeded our imports a little less But we delay nothing. .We decline to subscribe to a policy which than $100,000,000-ninety-nine million dollars and odd-in 1894 we think: means dishonor. A part of our Army, on board ship, they rose to $148,000,000, in. 1895 dropped down to 823,000,000, in looks upon an island tenanted by people who have been struggling 1896 rose to s:324,000,000, in 1897 to $357,000,000, and in 1898 we for years, whether they are white or black, poor, good or bad, to exported $621,000,000 more than we imported. establish their own government. We are armed, exchanging glar­ Imports and exports of merchandise for the years 1893 to 1898. ing glances. They hardly know what to do. It is said to us, "Ratify the treaty." Suppose we proceed to give to this Adminis­ Twelve months ending December- Imports. Exports. E:x:ce.ss of tration power outside of the mere military authority now being exports. exercised; what then will be the result? If the natives resist, what will we do? Will we shoot them? If we do not need them, 1893.------· ------$776,2!8, 9'>.A $876,148,781 $1)9, 899, 85'1 1894,.. ______------67ti,312, 9il 825, 102,2!8 148,789,307 must we take them? Is it our obligation to be unjust or cruel? 1895 ______------801,669,347 82!, 860, 1ll6 23,190,789 We have the power to crush the Filiplnos-at enormous expense, 1R96 ______---· ------681,579,556 1, 005, 837,2{1. 324, 257' 685 certainly, but we have the ability to do it. Will we do it? Can 1897------· 742,595,229 1, 099,709,045 357,113, 816 we afford to do it? Can we who inaugurated a war for "human­ 1898 .. _____ ------633,664,634 1, 25!,925, 1ti9 621, 260, 535 ity?" We, a Republic of peace, justified our action by saying that we contended for the liberation of our kind. Thus we threw Why is all this? Take our consular reports, Senators, and ex­ the gage of battle upon this exalted platform and under that amine them, especially those issued during the last few years, and banner not to conquer territory, not to acquire possessions or you will find that American enterprise and American ingenuity dominion~ but that man might be better and less subject. are compelling attention abroad. You will find evidences to If. having thu.s proceeded, we now destroy not merely the op­ this effect in the heart of enterprising Germany, in the center of pressor, but the oppressed, what position will we occupy? Will it enlightened England, in the midst of cultivated France. You en­ be any answer in the high court of civilization now or hereafter counter such manifestations everywhere, and day by day, hour to say "we had to do it becauseweobtained possession and it was by hour, as our people are better understood and their skill and necessary to control?" Will such a pretense ever be accepted as the merits of their goods more accurately estimated, and as we a sinC€re declaration? Such must be the result if this treaty is become more careful regarding our consuls and the retention of ratified. those who know something about their business, our trade ex­ But. Mr. President, do we owe any obligation to our ourselves pands. requiring the pe1·formance of such a disagreeable task. Is it neces­ We appropriate by these civilized methods the profits hereto­ sary for us to burn property and kill men because of any self­ fore enjoyed by other countries. We are drawing these vast bene­ imposed burden? No, sir; I think not. I conceive that our pri­ fits to our pockets. We are becoming great. No little area is mary obligation is to preserve pure and unsullied this Government ours. Our domain is mighty. This is not a nation to be held in for the maintenance of the principles upon which it is supposed the hollow of even the imperialistic hand. With a population to rest. less than one-fourth per square mile of that of the islands of the I believe tbat so far as the world at large respecting humanity Philippine group which I first enumerated, with vast territory yet is concerned we will do more for our own age and for times that untouched, with boundless resources in your State, Mr. President ru:e yet to be if we so act as to demonstrate that we are worthy of [Mr. TURLEY in the chair], in the locality of every Senator, sus­ the great heritage to which we have succeeded. We will, indeed, ceptible of utilization and destined for our benefit and for that of hold a proud position if we prove that we differ from other na­ our posterity-with all of these great advantages, this glorious tions whose accumulated powers were used for evil, whoserulers, prospect, this magnificent possibility, at our own doors, under our in the midst of the splendors of transitory triumph, assailed the immediate civilization-should we not hesitate before forming liberties of their fellows. We owe no obligation of that kind. No new alliances? such crime can we be asked to commit. Witness our territorial greatness. Think what we may do when We hear much of o ur destiny, our manifest destiny. What our population is several times its present number. Look at the "manifest destiny" can require any man or set of men or any na­ victories of peace which may be ours, the honorabl~ contests which tion to do that which should not be done? Are we destined for we may win, the contributions to civilization which we may fur­ turpitude? What is that manifest destiny? Is it to conquer the ni~h! Are not these more worthy prizes than the spoils of war? world? Evidently many so think. Not long ago it was frequently Our schools and our churches rise in every township, in every spot said upon this floor, "wherever the flag is r aised there let it float where mankind throng. In the paths of mining, agriculture, and forever." This proposition was so absurd and the statement was manufacture, in the domain of science and art mark our success so ridiculed here and elsewhere that a distinguh;,hed Senato.r of and observe the boundless field. When our future can thus be expansion tendencies informed me recently that the expression rationally anticipated, when we are actually about to possess the was only a figure of speech. choicest blessingsof the earth, our acquisitions won without blood Yet this very phrase has been alluded to as the maxim upon and producing treasure-victories gained honestly, the rewards of which expansionists rest. Wherever the American flag has been intelligence, brought forth under the vivifying and electrifying raised, whether rightly or wrongly, whether or not circum­ stimulation of free government--when we have thus succeeded in stances make it advisable for us to take it down, there it must promoting our Republic to its proud and, in a sense, imperial po­ continue to wave; that while under it we might conquer, yet sition, we are tvld that we must follow that delusive stranger, we can not without impropriety relieve it from a position where "our destiny/' and must depart from our tried and incomparably it can not remain but as the symbol and evidence of oppression. successful policy-thus adoptingthatwhich is destructive to others That view, I believe, has been abandoned, and we are now told, in preference to that which makes us really happy. as I have stated, that the former argument was nothing more than Talk about the obligation that we owe to the Philippines, to ''a figure of speech." Upon many of these ''figures " do the argu­ England, to France, to China, or to any nation or State or set of ments of our adversaries rest. nations in the world. Do we not owe more to ourselves? Are not Our trade, we are advised, requires us to go abroad sword in those who are near and dear to us-ought not our country to be hand, regardless of principle. Let us investigate. From the more to us than any m omentary triumph or the flitting shouts most selfish standpoint we ought to adhere to our presen~ policy of the battlefield? Are we to relinquish the substantial and change and leave foreign entanglements for our competitors I do not our century-sanctified plans in a night because our Navy has been care, for the sake of this argument, whether the commercial great­ victorious, our Army militant in a contest far from equal? Be­ ness of the United States is due to Republican so-called protection, cause we fought a war wherein we lost in actual battle ( eliminat­ or to Democratic ideas, or to the natural abilities and the manu­ ing subsequent sickness and wounded fatalities) 280 men; must facturing and commercial impulses of the race. To whatever it we raise great armies and aver "no power can defeat us"~ Mr. may be due, we enjoy commercial superiority, and under our pres­ President, I know that the sword mu.st sometimes be drawn and ent system we have acquired this enviable position. We have that many issues are thus solved, and solved well. But the lessons won it honestly, by patient, intelligent effort. We have obtained of time admonish us that all combats to the death are irrational. it as the result of the splendid standard of efficiency of our labor­ Civilization occasionally springs from the gory field, but I do not the highest in the world-by compensating our toilers most liber­ wish my nation to participate in any effort that will result in aught ally, by availing ourselves of improved methods, by utilizing our but the building up and strengthening of her claim to be the ideal 926 CONGRESSION~L RECORD-SENA'I'E. JANUARY 23, republic-living to spread virtue and freedom by the mild processes responsibility absolutely upon our shoulders. What will be the of truth and reason. result? We are informed by General Wood that 50,000 troops are . Who invites us to these new fields of conquest? The nations ..necessary now for Cuba, and still Cuba's population is small :when with whom we. have been contending in this peaceful and soon to the comparison is made, and we have promised that island freedom. be determinative struggle; the nations whose manufacturing we We have bills for the i:ncrease of our Navy, and I am in favor are taking away; the nations whose resources are yielding to the of a fine naval establishment-sufficient to guard our .interests policy of this emancipated Government. · They seek to allure us, thoroughly, but not to engage in conquest. We are informed and they display before us the alleged choice blessings, as they call that these expenditures will aggregate millions, and yet we have them, of "benevolent assimilation." India is selected as a typical only commenced. Oh, you can not in a moment lead a free peo­ case. In the dull and ambitionless abode of the Hindoo is found ple from the pathway of inWgrity in which from the teachings of convincing proof of crushed manhood. England, the nation with their mothers' knee they learned to tread. . whom we so lately disputed concerning the Monroe doctrine, is The allurements and deceptions from which nations and indi­ now our. mentor and example. Why this sudden change? Is it viduals alike suffer do not ordinarily mean the immediate avoid­ rational? Mr. President, I want rlone of this. I know it is not ance of honor. The gradual moving away from the .old road always popular to seek to restrain the impetuo~s march of those finally results in its abandonment. The way of truth is left un· .who see or think they see glory ahead, but I oelieve it is the duty trodden. Upon it grow weeds and thistles. Its identitv is now of men situated as we are to look upon this grave. situation calmly and then pointed out by some one who lingers on the scen6-a lone and considerately. worshiper yet at liberty's shrine. I read an article in a newspaper recently to the effect that our Mr. President, it is an army of a hundred thousand men, or Government has agreed to a treaty or compact with Spain, and 60,000 men now. It will be 120,000 in a short time. And why that the United States can not afford to reced~; that Senators who not? This vast host will be necessary. Nay, several times more. are not expansionists are not cast in pat:riotic mold. Such impu­ I do not speak of this enormous augmentation of our military as dence does not frighten me from duty. Has it come to this that any act of oppression upon the part of those who recommend it, a treaty. when signed by the Executive, is thereafter the supreme or upon the part of those who may vote the appropriations, but I law of the land, or is it still well to obtain the concurrence of the speak of it, sir, as the inevitable and necessary consequence of the Senate of the United States, and is there any less responsibility adoption of a policy which recognizes the arbitrament of the upon the Senate in connection with the treaty than there is upon sword and the settlement of disputes not in peace, but in war. the President? We are preparing -for not merely a war, but for wars. . May this body advise and consent when the Constitution so or­ May it not be that our growthalongthelinesof conquest will en· dains? When this annexation experiment shall have been tried, if list the opposition of other peoples; mayitnot bethatother nations, tried it must be, and when its issue for weal or woe has passed seeing that we are attempting to interfere with them, will here­ into a demonstration, will not this body share and must it not after, however friendly they may be to-day, challenge our superi­ share equally with the Executive in whatever may have transpired? Olity? Whether we are confronted with such a situation or not, Was it not thought by the men who conceived the Constitution it is obvious that we must prepare for it, if the expansion notion that the Senate of the United States might occasionally contribute obtains. The crisis must finally come. The general who under­ an idea in addition to those of Executive discovery, however able, stands his business and ·the admiral who watches the seas and honest, and intelligent the Executive might be? scans the horizon for the foe know that they must ever be on the Mr. President, we are bound to examine this for ourselves. We alert. So will this great military establishment arise to proceed can not rest upon any examination by anybody else. No one has to deeds of so-called glory, to keep down and in subjugation an in­ a l;ligher regard for the ability of the three members of. this body ferior race, compelling young men, the flower of our youth, to who went abroad on this treaty mission than have I. This treaty seek malarial climates, to die in battleand in hospital, not for the is to a large extent their work, and we are in the presence. • there­ cause of !iberty, but for the cause of expansion. Then will come fore, of men who understand more about it than we do. This, a time when the military will dominate the land and when the however, can have no in:fiuence upon us, except in so far as rea­ Republic will endure only in story and in song. sons may be furnished and arguments adduced controlling our How long would it have b~en necessary to combat such a policy judgment and discretion. . had it been advocated but a little time ago? Is it not singular We must satisfy ourselves, I repeat, and ~hat we will do so I that as matters proceed we become more and more acclimated. as have noreason to doubt. Thisisnotassumption, itistheperform­ it were, to this situation; we more readily yield up and sacrifice ance of a duty. Whatever may be the personal effect of blending really precious things and join the majority in saying that after executive and Senatorial functions in a treaty commissioner, the all the Constitution is of no great.force, and that if, as a distin­ organic laws can not thus be altered. · guished military man has lately said, it is not in accordance with Mr. President, will anyone tell me that a great standing army our new demands and developments, we min get something else? is advisable in a republic? What is the inevitable and necessary And so we can; we may abandon the basic principles of this Gov­ consequence of the carrying out of this modern doctrine of expan­ ernment. We (I speak of the people) have the power to do so. sion? It will not rest its influence. upon the Philippines only. The nations have so acted in many an age. Can we not, too, be When we place our giant foot upon those islands, we will seek foolish? I have considered it less important to discuss the actual new scenes for aggression and conquest and will consider that it words of the Constitution than to combat this destructive tendency. is our duty to encircle the earth. I have thought more about constitutional principles than I have The taste of unbridled power begets license. The greed of of any phrases, however sacred. The instrument can not save us conquest succeeds but never indicates national virtue. What is if we determine to ignore it. I know that the honeyed words of the limit of the expansionist? Where does he stop? It is hinted power and the seductive influence of official promotion, advance­ that our more progressive legislators and citizens hope to partici­ ment, and place sometimes lead even judicial tribunals astray. pate in the partition of China. Whenever there is to be an "ab­ But I fear popular error more than this; for there can be no recall sorption," which is a modern ·expression for international robbery, if the people join in the orgies which signalize the Republic's dis­ the advocates of the new idea wish to be present. The old days, solution. when upon the Fourth of July and other festivitie::~ the school­ Mr. President, what does this armed display mean? We famil· boy talked about the outrages involved in the pa~tition of Poland, iarize the people with the presence of war. We look at Arti­ will not come again. The custom of reading Washington's Fare­ cle III of the amendments of the Constitution and we wonder well Address here will soon be abandoned if this fallacious doc­ why, after all, there was so much said about the quartering of trine obtains. The sarcastic irrelevancy of that great announce­ troops. Of whom were the fathers afraid? They feared the armies, ment will be apparent to the most unlettered and expansive mind. whose business was not of peace. They knew much of ·the arro­ We are to go further. We must have new and various acquisi­ gance of soldiery. They appreciated the impossibility of preserv­ tions. I said upon another occasion that this would be the result ing liberty in the face of mighty standing armies. They knew of Hawaiian annexation-! was laughed at. "Designate another that the honest civilian must yield, and they searched history in island that can be taken," I was asked. I answered that there vain to learn that there was any compatibility between a standing would be no difficulty in finding such an island if the rapacity of army and free institutions. power·suggested the propriety of advancement in wrong. Cir­ And hence, Mr. President, if there is one thing that we have cumstances have warranted and supported that suggestion to the all learned, Democrats, Republicans, and Populists alike, it is that, letter. But not indulging in that which may be called an invest­ save in a great public exigency, we ought not to have among ment in the domain of prop}:lecy, and speaking of affairs as we see us, and upon us, and of us, large bodies of armed men. And yet them, what is the obligation already ~fore us? we are bringing about a condition which will necessitate this ca­ If we hold this group, we must maintain ourselves by the force lamity. We are creating, by this annexation programme, the very of arms. We m~st enter and take possession and coerce to obedi­ condition which we concede and have always conceded to be em· ence; we must maintain a vast establishmen~ thousands of miles inently di§!astrous. from our-western limits-on the other side of the earth-if we Mr. President, consider the state of a people who are pursuing may figuratively speak of the globe thus. We must exercise such peace, wbo are not familiar with war, but who a1·e ready to in· control that other nations will be protected. We will have the stantly spring to arms to defend their rights and honor, amd to 1899. ~ . CONGRESSIONAL RECORD-. SENATE. 927

preserve their nation f1·om injustice-consider such a people a ban- principle of the fourth resolution (and :that is -· hat-:I have· said) doning the tenets of civilization and adopting the business of car- to all those people as far ·as possible, because I do not.myself Ree nage. Are we ready to call this progress? · how we can escape from it; and I have yet to learn that those.who Mr. MASON. Mr. President, may I interrupt the Senator from are in favor of the ratification of the-treaty; with perhaps one or California? two exceptions, are in favor of doing anything else. The PRESIDING OFFICER (Mr. RAWLINs in thechair). Does Mr. WHITE. Mr. President, of course I do not know, save the Sena' '1r from California yield to the Senator from Illlnois? from what I have heard stated on the floor, how .Senators stand. Mr. WHITE. Certainly. It is not wo1·th while to exchange ·opinions upon that topic, he'­ Mr. MASON. Before the Senator leaves the point he is making, cause it will be exceedingly easy to take up the resolution of the I want to ask him if he knows of any case in history where terri- Senator from Georgia and vote·npon it, and then we will have a tory has been acquired by force that they did not require the same test which will remove the matter-from disputation. or a greater force to maintain it? Does it not mean a perpetual Mr. MASON. That is what I was going to ask, with the Sen- standing army? · · ·ator's permission, of the Senator from Colorado. I ask him if he Mr. WHITE. Mr. President, especially in the Tropics there is can see any objection to making a declaration of that kind before no occasion for civilization or capacity as we understand it, and the treaty is ratified? · · there control is alwavs by the sword. . Mr. TELLER!r I can not see any advantage in making it. It Mr. GEAR. Let me state to the Senator from Illinois that the strikes me that the suggestion of.the Senator hom Georgia [Mr. acquisition of a part of California, Arizona, and New Mexico did BACON] and the Senator from Illinois [Mr. MASON] with refer­ not reqnire.any additional force. ence to the necessity of a declaration of this kind goes upon the Mr. MASON. It was settled by a treaty, and it was settled theory · that they are a~aid to trust the American people. I finally by a treaty. by an agreement by a people who had a right stated the other day, and I want to repeat it, that I was in favor to settle it by treaty. . It was not questioned-- . of the fourth resolution that we passed on the 20th of April last. Mr. TELLER. The people of New Mexico and California were It was not because I mistrusted the American people. I wanted not heard in the matter. it for its effect upon Europe. I want.ed it as a guaranty to them :Mr. MASON. They did not stand with guns as the Filipino of what we were declaring we were·going to do. does now. saying, ';K-eep off the grass!" · Mr. MASON. Is there any less reason for giving the guaranty Mr. TELLER. They did stand with guns when we went into of good faith to European nations now than there was when we California and Mexico. When the army went there, the Mexicans passed your resolution? and Californians stood with guns. Mr. TELLER. The European nations .have nothing to do with Mr. MASON. I know, but the whole thing was finally adjusted this question now. They are not interfering; they are entirely by treaty. satisfied to let us do as we will. Mr. TELLER. So is this being adjusted by tl·eaty. Mr. MASON, What had they to do in the other case? Mr. MASON. By a treaty with a people who havenomoretitle Mr. TELLER. They were threatening intervention, as the than the devil had when he offered to give the Saviour all the land Senator knows. . in sight. He did not have a tax title to a square foot. Mr. MASON. Is it not true, as stated by everyone who has The PRESIDING OFFICER. The Senator from California has spoken on your side, that they are threatening intervention now? the floor. Mr. TELLER. No; they are not. Mr. WHITE. The Senator from Colorado [Mr. TELLER] evi- Mr. MASON. The German ships are not there? dently has not exactly understood the line of argument I have . Mr. TELLER. Germany is not threatening intervention and been malting. He wa-s out of the Chamber during this explana- will not intervene so long as we are in possession or indicate that tion. I think he will concede perhaps that there is some differ- we want to remain in possession. The conditions are entirely dif­ ence in the character of population and the problems threatening ferent. us in the Philippine group and that which we encountered when 1\fr. MASON. If I may take one moment more, I want t~ be we accepted California and annexed Arizona and the territory understood and I do not want- which he names nnd'er a treaty. The PRESIDENT pro tempore.· Senators should address the I have not made any statement with reference to my belief that Chair and obtain permission to interrupt the Senator on the floor. the people of the island must necessarily be consulted. The region Mr. MASON. I beg pardon. I had the permission of the Sen- to which he refers was not densely populated. While there we:i·~ ator from California. Indians in considerable number, they were considered de~tined to The PRESIDENT pro tempore. · Does the Senator from Cali- removal or even obliteration. The Caucasian inhabitants were fornia yield to the Senator from Illinois? capable of "assimilation." They were contiguous. The tropical Mr. WHITE. Certainly. problem is altogether different. The inferior race in the Tropics Mr. MASON. I wanted to understand, and I have no doubt the does not diminish. The Caucasian there never substant1al!y in- Senator can colTect me if I am wrong, whether there is not a creases. The number, the location, and the character of the inhab- proposition pending before this body whereby we guarantee prac­ itants in the Philippines are conclusive to ma from the standpoint tically the taking of the possession perpetually of the Philippine of policy, and thus I am considering the matter. Islands. Do we not guarantee and .give to Spain for ten years, I have said that the Filipinos are not suited to our needs; that under certain provisions of certain pending legislation, the same there is absolutely no excuse for treating them differently from differential or the same treatment in tariff that we have with the the natives of Cuba. I have referred to the fact-and I trust the Philippine Islands? Senator from Colorado will note it if he has not done so already- Is there not an Rt,<>Teement pending which looks to a different that Admiral Dewey declares that from his personal contact with treatment of the people of the Philippine Islands from the treat­ both races-and he says he is familiar with both-the people of the ment which we are giving to the people of Cuba? If that is true, Philippine Islands are better fitted for self-government than the what objection can there be to stating before the passage of the people of Cuba. - I have further said, to make my position clear-- treaty that it is the intention of the Senate, which is the treaty- Mr. TELLER rose. making power, to treat the people of the Philippine Islands the Mr. WHITE. If the Senator will excuse me a moment, I have same as we do the Cubans, to give them independence and liberty said that if any annexation is to be had at all, it should be with a the moment they are equipped and ready for it? declaration similar t0 that contained in the Cuban resolution, · Mr. TELLER; May I reply to the .Senator from Illinois for a which declaration I affirmed wonld not be made by the advocates moment? of this treaty. Mr. -WHITE. Certainly. , Mr. TELLER. Mr. President, will the Senator from Califor- Mr. TELLER. I do not want to get into a discussion in the nia allow me? midst of the speech of the Senator from California. I merely want The PRESIDENT pro tempore. Does the Senator from Cali- to say that I do not think it is worth-while for us to legislate un- fornia yield to the Senator from Colorado? less there is some necessity for it or to declaTe some necessity for Mr. WHITE. · Certainly. · . it. I donot understand that there is anypr.oposition which binds Mr. TELLER. I did not mean in the slightest degree to an tag- us to keep those islands a minute if we do not want them. The onize .anything the Senator has said, for I have been out of the Senate can not bind Congress. The next day after the treaty is Chamber in the Committee on Appropriations, and·! did not hear ratified we could declare to the world ·that we would not keep what he said; but the suggestion came to me from the Senator them an hour. from Illinois that there was a difference between the conditions. The treaty itself does provide, as the.Senator says, that we shall I insist that there is practically no difference at all. We conquered keep an open door for Spain for ten years. We could keep that from Mexico a section that we afterwards took by treaty. We t1:eaty with Spain if we turned the islands over to the Filipinos or conquered it against the will of the people. They were all in arms if we turned them over to somebody else, by-stipulating that they against us. There was not one per cent of them that did not feel we should carry out that idea. I think we should be in honor bound were invaders and oppressors when we came there, and thought to do that. r. But here in the treaty·there is this declaration: · we would be. · . " The civil rights and political status .of the.native-inho.bita.nts of the terri- Now, Mr. President, I agree with the Senator from California. . tories hereby ceded to the 'United States shali be d~termined by the Congress. I believe that in dealing with this people we ought to apply the That is a declaration -that we do not -:propose by:±he ratification 928 CONGRESSIONAL RECORD-SENATE. JANUARY 23, of the treaty to determine anything about it, and we can .not de- ' forfeitures- hereby imposed shall be recovered in the manner hereinaf.ter provided. termine it. The whole matter is left to Oongre.ss. •'Any freight shippe-d from the United States through a foreign country Mr. MASON. To the Congress of the United .States or the ·con­ into the United States, the through rate on which shall not havo been maae gress of the Philippine Islands? public as required by this :act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said Mr. TELLER. To the Congress of the United States, as the freight were of foreign production; and any law in conflict with this section Senator must be aware. is hereby repealed. Mr. MASON. I thought I understood you, but I w..anted to "Every rate, fare, and charge legally filed, published. and in effect shall emphasize it. be conclusively presumed to be a reasonable .and lawful one until ,the com­ mission enters an order directing the carrier to show cause why said rate Mr. '!'ELLER. There is no congress of the Philippine Islands, shall not be held to be um·easonable or otherwise in violation of law. This and there is no government there at all. order may be entered by the commission of its own motion, and shall be en­ Mr. MASON. We understand quite differently. tered as a matter of right, upon the filin.g with it, agreeably to the. provi­ sions of this act, of a formal complaint, specifying the particular in which it TICKET BROKERAGE. . is alleged that the rate, fare, or charge is in -violation of law. The .carrier affected shall be forthwith notified and a full hearing bad., -as in other pl·a­ The PRESIDENT pro tempore. The Senator from California ceedings before the commission, .and all ·carriers interested may be made will suspend for a moment while the Chair Jays before the Senate parties. the unfinished business, which will be stated. ''If the commission, after full hearing upon due notice, is of the opinion The SECRETARY. A bill (S.1575) to amend an act entitled "An that the rates, fares, or charges, as filed and published, or the classification, or the privileges, facilities. aud regulations published in connection there­ act to regulate commerce." with are unreasonable or·otherwise in violation of law, it shall determine Mr. CHANDLER. 1 propose the following amendment to the what are and will be reasonable and otherwise lawful rates, fares, charges, bill, which I aRk may be printed and considered as pending. classification, 3>rivileges, facilities, or regulations, and shall prescribe the same, and shall order the carrier or carriers to file and publish, ou or.before Add the following sections to the bill:• .a certain day, to ta.ke effect on a certain day, sehedules in accordance with SEa. -. That section 4 of an act entitled "An act to regulate commerce," the decision of the commission. approved February 4, 1887, be amended so as to read as follows: "If any reduction is made in joiutrates, fares, or charges by such order the "SEC. 4. The {!Ommisl"ion created by this act shall have authority, after {l()mmission may determine, if the parties can not agree, what the divisions of investigation, upon due notice and full hearing, to prohibit any common car­ such reduced rates, fares, or charges between the different lines shall be, or rier or carriers subject to the provisions of this act from thereafter charging in what manner and in what proportion between the different lines there- or receiving any greater compen£ation in the aggregate for the transporta­ duction shall be effected. · · ltion -of passengers or of like kind of property for a shorter than for a longer dis­ "Such order of the commission shall be deemed an administrative order, tance over the same line in the same direction, the shorter being includ.ed and shall be subjeet to th~ right of review in the carrier hereinafter provided in the longer distance, whether such transportation be over the road of a. for, and shall be enforced as are other final administrative orders under the single carrier or over the roads of two or more connecting -carriers, or to sixteenth section by penalty or otherwise. prescribe the extent to which sueh greater compensation may be received; "When an order made under this section, directing a ·change in the pub­ but this provision shall not be construed as authorizing any such common lished rates, fares. charges, privileges, facilities, or regulations, has become carrier or carriers to charge or receive as great compensation for a shorter final, either because no proceedings in review have been instituted within as for a longer .listance. · the time limited or because such proceedings have .terminated., any party "An order of the commission made in pursuance of the authority conferred who, after the granting of the order to show cause as aforesaid, has paid a by this section shall be deemed an administrative order, and shall be subject sum in ex:cess of what would have been paid for the same service according to the right of review by the carrier or carriers affected thereby in the man­ to the decision of the commission, may, within one year from the time when ner hereinafter provided, and, if not suspended or vacated, shall be enforced such orderbecomesfinal.,and not after,applyin the sameproceedingin which by penalty or ·otherwise as are other final administrative orders under the the change was ordered, and not elsewhere; cud upon its being made to a.p. provisions of section 16 as hereby amended." peat that a. sum has been so paid in excess of what would have been paid for SEc. -. That section 6 of said act, as amended March 2,1889, be amended so the same service according to the schedules as amended iu accordance with as to read as follows: the order of the commission, an order shall be made directing the carrier to "SEC. 6. That every common carrier subject to the provisions of this act make restitution in such sum, with interest, to the party having paid the shall file with the Interstate Commerce Commission, hereinafter provided same. Such orde1' shall stand like the other orders of t.be commission for the for and herein called the commission, schedules showing aU the rates, fares, payment of money, -and shall be made, served, and enforced as is provided in and charges for interstate transportation between points upon its own line case of such orders in the fifteenth and sixteenth sections of this act. and between points upon its own line and points upon other lines, when a "A rate, fare, or charge established by the order of the commission shall joint rate has been established by agreement; and this shall apply although not be increased, nor shall a dassification, privilege, facility, or regul&tion one point is situated in a foreign country, and when theroute{!onnecting two so established be departed from, without the consent of the commission, points in the United States passes through a foreign country. Such sched­ ~ranted upon application of the carrier after due notice aud upon full hear­ ules shall plainly state the places between which such passengers and prop­ mg. · Rates, fares, or charges for a service, not in e-x.cess of those fixed by an erty will be carried, shall contain the classification of freight in force, and order of the commission, shall be conclusively deemed to be :reasonable until shall also state neparately all terminal charges, including stora""e; and all the making of an order by the commission, after full hearing. that the same privileges or facilities which may be allowed other than those invo~ved in the shall be further reduced, and until such order has become final as defined in receipt, transportation, and delivery of proper ty in ordinary course between the sixteenth section. two definite points, and any rules or regulations which in any wise change, "This section shall not affect righto or eauses of action which may have .affect, or determine any part or the aggregate of said rates, fares, and accrued previous to its passage, nor the method o.f enfo1·cing the same." charges, or the value thereof to the shipper. Every such common carrier SEC. -. That section 10 of said act, as amended March 2, 1889, be amended shall also file with said commission copies of all contracts. agreements, or ar­ so as to r ead as follows: rangements with other common carriers in relation to any traffic affected by "SEc. 10. Every person shall be deemed guilty of a misdemeanor who tho provisions of this act to which it may be a pa1•ty. shall, directly or indirectly, do, t>r cause, procure, or solicit to be done, or "The carrier shall plainly print such schedules in large typ~ and shall assist, aid, or abet in the doin~ of, any of the following acts, namely: k eep posted, for the use of the public, two copies in two public ana conspicu­ ".Any act of unjust discrimmation as defined in this act. ous places in every depot, station, or 0ffice of such carrier where passengers u Any fraudulent act or false representation by which transportation is or freight , r espectively, are received for transportation. in such manner that obtained, or attempted to be obtained, at less than the lawfully est ablished they shall ba accessible to the public, and can be conveniently inspected. rate. . "No change shall be made in the schedules of rates, fares. and charges filed "Said misdemeanors shall be punishable with a fine of not over $5,000 or and -published as aforesaid unless the carrier files with the commission a imRrisonment for a term of not over one year, or bot h, for each offense. statement of such changes and posts new schedules, as hereinbefore pro­ 'Any advance or reduction in schedule rates, fares, or char~es, whether vided, or plainly indicates such changes upon those already posted, at least the same is effected by a change of classification or by any deVIce or means sixty days before the taking effect of such changes; but the commission may, whatsoever, except as permitted by the sixth section of said act, or any for good cause shown, allow changes upon less than sixty davs' notice, and it charge, demand, collectwn, or reception of, or offer to make or accept any m ay do this either in a particular instance or by general order applicable to other or different compensation for the transportation of traffic that is particular conditions and species of traffic. scheduled in conformity to the provisions of section 6 of said act shall be "The nam es of the several carriers which are parties to any joint tariff deemed a misdemeanor, and shall be punishable by a fine of not more than sha.ll be specified therein, aud each of the parties thereto, other than th" one $5.000 for each offense. _ filing the same, shall file with the commission such evidence of concurrence "Every person who shall willfully do, or cause, procure, or solicit to be therein or acceptance thereof as may be required or approved by the com­ done, by any device or means whatsoever, any other thing in said act pro­ mission; and whe1·e such evidence of concurrence or acceptance is filed it hibited or declared to be unlawful, or omit to do, or cause, procure, or solicit shall not be necessary for the carriers filing the same to also file copies of the to b e omitted, anything in said a et required to be done, or who !

as against sueh carrier, its officers or agents, in any prosecution begun under "If either party desires to take additional testimony for use in the circuit tbis act, shall be conclusively deemed to be the legal rate, and any departure court, be may apply ~o such court, and if the coart is of the opinion that from such rate, or any offer to depart therafrom, shall be deemed unjust such testimony was not purposely held back in order to prevent the commis­ discrimination. . sion from ha.vmg the full dae before it, and that such testimony is material " Whenever, on the tirial of a defendant I or a violation of this act, the de­ to the disposition of the case and either could not have been or, urider all the fendant is shown to have given or aided, abetted, or assisted in the giving of circumstanc~s. ought nDt to ha."\"e been taken before the commission, it may a rate to one or more individuals, firm, company, or corporation, different instruct the commission to take and send up such further testimony, and from the rate or rates for the same service in the schedule of rates provided thereupon such testimony shall be taken before one or more commissioners for by this act, such evidence shall be deemed evidence suffi.cienttoauthorize and duly certified to the circuit court. a conviction.; and it sh..-tll not be necessary in any indictment hereunder for ···The case as certified from the commission, together with any additional unjust discrimination to allege or to prove in the trial that other and less testimony taken as above. shall be the record upon which it shall be heard favorable rates were offered or granted to other shiJ>pers by the defendant, by the circuit court. If that court, upon such re<.>ord, is of the opinion that or to allege or prove the names of such shippers, the true intent of this being the order of the commission was not a lawfnl, just, and reasonable one, it that the published schedule of rates shall be conclusive evidence that the shall vacate the order; otherwise it shall dismiss the proceedings in review. rates therein provided were cha.rged to the general public. In either caS9 it shall file with its decision a statement of the reasoD.l'l upon "Any person who shall will!ully testify falsely on an examination before which that decision proceeds, which shall be certified to the commission. If any m.em ber of the commission created by this act, or who, in any certificate the order is vacated, the commission may proceed either to reopen the case or report required by such coulmissiori to be made under oath to enable them for furthel" hearing or to dispose of it by the making of a new order upon the to carry out the provisions of this act, shall make any false or fraudulent the~ record, and from any subsequent order there shall be the same right of statement, shall be deemed guilty of perjury, and subject·to the penalties reVlew. provided in section 539"2 of the Revised Statutes of the United States. ".Upon the filing of. a peti?on for review, the circuit court ID.J?-Y, UJ>On such . "All offenses heretofoxe committed 'shall be prosecuted and ptmished as notice to the complamant, if there be one, and to the comuussion, as the provided for iu the laws existing at the time such offenses were committed, court deems proper, extend the time within which such order shall take for which purpose all acts or parts thereof inconsistent "5Vith this act are con­ effect. not to exceed in all forty days from the da.te of service upon the car­ tinued in force." rier. The court may also after a full hearing upon due notice, if upon an in­ · SEc. -. That section H of said act, as amended March 2, 1889, be amended spection of the record it plainly appears that the order proceeds upon some so as to read a'3 follows: error of law or is unjust and unreasonable on the facts, and not otherwise, ''SEC. 14:. That whenever an inv.estigation shall be made by said commis­ suSJ)end the operation of the order during the pendency of the proceedings sion it shall be its duty to make a. report in writmg in respect thereto, which in review, or until further order of the cou-rt. shall include the findings of fact upon which the condusions of the commission "If there is no compbili:.:!intt the defense in such proceedings for review are based, together with its decision, order, or requirement in the premises. shall be undertaken by the Umted States district attorney for that district, "All reports of irivestigatjons made by the commission shall be entered of under the direction of th~ Attorney-General of the United States, and the record, and a. copy thereof shall be furnished to the party who may have costs and expenses of such proceedings shall be paid out of the appropriatjon complained, and to any common carrier that may have been complained of. for the expenses of the courts of the United States. In such cases the United uTh.e commission may provide for the publication of Us reports and deci­ States shall be regarded as a party defendant. sions in such form and manner as may be best adapted for public information "Either party may, if the subject in dispute exceeds $1,000, or the record and u.se,a.nd such authorized publications shall be competent evidence of the presents a question which would be reviewable in any case of law or equity reports and decisions of the commission therein contained in all courts of by the Supreme Court, irrespective of the amount involved, appeal from the the United States and of the several States, without any further proof or c:rrcuit court to the Supreme Court of the United States. The circuit court, authentication thereof. The commission may also cause to be printed for upon the taking of an appeal from its judgment, shall determine whether or early distribution its annual reports." ' - · · not the order is to remain effective during the pendency of the appeal. If · SEc. -. '.fha.t section 15 of said act be amended so as to read as follows: the effect of the order is suspended, such causes shall be given preference · uS.Ec. 15. I t clterafull hearingitisdetermined that any party complainant over all others, excepting criminal causes. is entitled to an :~.ward of damages under the provisions of this aot for a vio­ "No costs shall be allowed the petitioner in the circuit court nor in a.ny lation of its provisions, the commission shall make an order directing the car­ court to which said cause may subsequentlf pass unless it g-oes upon the ap­ rier to pay to the complainant the sum to which he is entitled on or before a peal of the defendant, in which case the petitiOner shall be allowed such costs day named. If, after such hearing, it is determined that any carrier is in as are occasioned by the appeal. If the proceedings in review are finaUf dis­ violation of the provisions of this ad, the commission shall make an order m.L<>sed, the defendant shall have judgment for his costs, together Wlth a directing such carrier to cease and desist from such further violation. and reasonable attorney's fee, which shall be taxed as a part of such costs. ·shall prescribe in such order the thing which the caYrier is required to do or "If no Jlroceedings to review an administrative order made under either not to do for the future to bring itself into .conformity with the provisions the fourth, sixth, or fifteenth sections are begun within the time limited, or of this act; and in so doing it shall have power (a) to fix a maximum rate if the effect of such order has not been suspended by the court in c.ase of such covering the entire cost of the service, (b) to fix both a maximum and mini­ proceedings, or if suchJ>;:?~eedi.ngs are vacated by the court, such order shall mum raie when that may be necessary to prevent discrimination under the be known as a final a · istrative order. Any carrier, any officer, repre­ third section, (c) to determine the division. between earners of a joint rate sentative, or agent of a carrier\ or any receiver, trustee, lessee, or agent who and the terms and conditions under which business shall be interchanged knowingly fails to obey or disooeys a final administrative order shall forfeit when tha. tis necessary to an execution of the provisions of this act, (d) to to the United States the sum of $5,000 for each offense. Every distinct viola­ lD.ake changes in classification, (e) to so amend the rules and regulations tion shall be a. sepg.rate offense, and in case of a continuing violation each day nnder which traffie moves as to bring them into conformity with the provi­ shall be deemed a separate offense. sions of this act. "The forfeitures provided for in this act shall be payable into the Treasury "The foregoing enumeration of powers shall not exclude any power which of the United States, and shall be recoverable in a. civil suit in the name of the commission would otherwise have in the making of an order under the the United States brought in the district where the carrier has its principal provisions of this act. An order not for the payment of money shall be office or in any district through which the road of the carrier runs. It shall termed an adm!.ni.stra-tive order. be the duty of the various district attorney13, under the direction of the "Every order shall fix the date when it is to take Affect, which shall in no Attorney-General of the United States, to prosecute for the recovery of such case be less than ten and or-dinarily not less than thirty days from the service penalties. The costs and expenses of such prosecutions shall be paid out of of such order rrpon the carrier. Such order sha.ll be forthwith served by mail­ the appropriation for the expenses of the courts of the United States. ing to any one of the principal officers or agents of the carrier at his usual "No carrier nor person shall for the same offense be liable for more than place of business a copy of the report and opinion of the commission, together one of the forfeitures and penalties imposed by the sixth, tenth, and sixteenth with a copy of the order, and the registry man receipt shall be prima facie evi­ sections of this act, and the beginning of proceedings under either section dence of the receipt of such order by the carrier in due course of mail." shall be a conclusive bar to proceedings for the same offense against the same SEC. -. That section 16 of said act, as amended March 2, 1889, be amended person or carrier under either of the other sections. so as to read as follows: · · · · "If any carrier disobeys or neglects to obey a. final administrative order, "SEC. 16. If a carrier does not comply with an order for the payment of any person injured thereby, or the commission in its own name, may apply 'money within the time limited in such order, the complainant may file in the to the circuit court in the district where such carrier has its principal office, circuit court of the United States for the district in which he resides, or in or in any district through which the road of the carrier runs, for an enforce­ which is located the principal offieo of the defendant, or through which the ment of such order. Such application shall be by petition, which shall state .road of the defendant runs, a. petition setting forth briefly the causes for the substance of the order and the respect in which the carrier has failed of which he claims damages and the order of the commission in the premises. obedience, and shall be served upon the carrier in such manner as the court This petition shall be returnable and served UJ>On the defendant carrier like may direct. If, upon such hearing as the court may determine to be neces­ a writ of summons. Upon due service and entry of said petition in said court sary, it appears that the order was duly made and served and that the carrier there shall be pending m such court upon the law side a civil smt for there­ is in disobedience of it. the court shall enforce obedience to said order by the covery of such damages, which sha.ll proceed from then on in all respects like issuing of a writ of injunction or other proper process, mandatOry or other­ a civil suit for that cause of action, except that the order of the commission wise, to restrain such carrier, its officers agents, or representatives, from shall be prima facie evidence of the facts therein stated, and except that fur­ further disobedience of said order, or enjom1 upon it or them obedience to the ther the complainant shall not be liable for costs in the circuit court, nor for same; and in the enforcement of such process the court shall have those pow­ costs at any subsequent stage of the proceedings unless they accrue upon his ers ordinarily exercised by it in compelling obedience to its writs of inJunc- appeal. If the complainant finally recovers, he shall be allowed a reasonable tion and-mandamus. , attorney's fee, to be taxed and collected as apart of the costs of the suit. "From any action or failure to act upon such petition an appeal shall lie All complaints for the recovery of damages shall be filed with the commission by either party to the circuit court of appeals for the proper circuit, and within three years from the time the cause of action accrues and not after, from that court if the subject in dispute exceeds Sl,OOO or the record presents and a petition for the enforcement of an order for the payment of money a question which would be reviewable in any case of law or equity by the shall be filed in the circuit court within two years from the date of the order supreme court, irrespective of the amount invo-lved, to the Supreme Court and not after. of the United States, but such appeal shall not vacate or suspend any order "Any carrier may, within thirty days from the service of an administra­ made by the circuit court in the premises during the pendency of t.he appeal. tive order upon it, begin in the crrcuit court of the United States for the "The copies of schedules and tariffs of rat~s. fares, and charges, and all district in wbich its principal O:{>erating office is situated, and if several car­ contracts, agreements, or arrangements between common carriers filed with riers join in such proceedings, m the district in which any one of them has the commission, as herein provided. and the statistics, tables, and figures con­ . its princiJ>al operating office, proceedings to review such order. Such pro­ tained in the annual re:porl$ of carriers made to the commission, as r equired ceedings shall be begun by filing in the circuit court a petition, which shall by the provisions of this act, shall be preserved as public records in the cus­ briefly state the matters embraced in such order and the particulars in which tody of the commission1 and shall bo receivable in evidence as prima facie it is alleged to be erroneous. If the order is made in a suit in which there is what they :purport to be for the DUrpose of investigations by the commission a complainant, the petition shall be served upon him like a bill in equity. In and in all JUdicial proceedings; and copies of or extracts from any of said every case the petitioner shall, immediately aft;er the filing of such petition sche~ules, tariffs, contr~ts, a.;.ureement.s, arrangements, or re:ports made in the circuit court, file with the Interstate Commerce Commission a copy (ff public records as aforesaid, certified by the secretary of thecomnnssion under the same. Its seal, shall be receivable in evidence with like effect as the original. "Upon the filing of such a petition, the clerk of such circuit court shall at •• Sections 15 and 16, as hereby amended. shall not apply t{) any proceedings once notify the commission that such a :Qetition has been filed, and the com­ now pending, but all such proceedings shall be conducted and disposed of as mission shall thereupon, within twenty days from the receipt of such n otice, if this act had not been passed; and the said sections are hereby continued in cause to be filed in such court a complete certified copy of all proceedings force as to such proceedings." had before it in said cause, which shall include the pleadings, the testimony, S:ec. -. That a new section be added to said act immediately after section and exhibits, together with the report and opinion of the commission and its 16, to be numbered as section 16a., as follows: . orders in the premises. If it is imnracticabletosend up a copy of any exhibit, "SEC. lOa. That after a recommendation, decision, order, or requirement the exhibit itself may be forwarded. has been made by the commission in a proceet!fng, aDy party thereto may at

XX~I.-59 930 CONGRESSIONAL RECORD-SENATE. JANUARY 23, any time make appJ.!cation for a rehearing of the Sl;Ull_e, 01: aJ?.Y n~;atter .deter­ I wish to say to the Senator from Colorado if he will listen to me mined therein, and It shall be lawful for the comrmssion, m Its diScrehon, to grant such rehearing if sufficient reason therefor be made to appear. Appli­ for a moment-- cations for rehearing shall be governed by such general rules as the commis­ M.r. TELLER. I will. . sion may establish. No such application shall excuse any carrier from com­ Mr. WHITE. Because! consider this particular subject of a plying with or obeying any decision, order, or requirement of thecommiss~on, great deal of importance-that while I am opposed, for reasons or operate in any manner to stay O"'f ~ostpone the enforcell?-en~ thereof, With­ out the special order of the commiSSion. In case a rehearmg IS granted, the which I have stated, to the entire scheme, while my objections proceedings there~pon shall conform as ne~rlr as may be to t~e pr_oceedings are so absolutely basic that I have no idea that the proposition in an original hearmg, except as the commiSSion may otherWISe direct.i and if in their judgment, after such rehearing and the consideration of all racts, will ever receive my vote in any of its forms, nevertheless, if it including those arising since the former hearing, it shall aJ?pear that the be true, as contended by the Senator from Colorado and no doubt original decision, order, or requirement is in any respect UDJust or unwar­ believed by him, that we intend to treat the people of the Philip­ ranted the commission may reverse, ohange, or modify the same accordtn~ly. pine Islands as we intend to treat the people of Cuba, let us make Any d~cision, order, or requirement made after such rehearing reversmg, changing or modifying the original determination may be reviewed and en­ a record which hereafter will not be evidence against the insist- forced in 'the same manner and with the same effect in all things as though ence of that intent. · made in an original J?roceeding." · For instance, we have declared our intention regarding Cuba. SEC. -. That section 20 of said act be amended so as to read as follows: "SEC. 20. That the commission is hereby authorized to require annual re· It is proposed by the resolution offered by ,the Senator from Geor­ ports from all common carriers subject to the provisions of this act, and gia that we shall declare. our intention regarding the Philippines. from the owners of all railroads which are used m interstate commerce as If we do not do that, it_will be considered that that proposition defined in this act; to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions has been answered in _the negative. upon which the commission may need information. Such· annual reports Then the treaty itself declares that while ftle title to Cuba is shall show in detail the amount of capital stock issued, the amounts paid ·relinquished, that to the Philippines is ceded. I imagine that be­ therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and float­ fore accepting title_to anything, before we consider it as a relin­ ing debts and the interest paid thereon; the cost and value of the carrier's quishment or a cession, it is better· to know our actual desires, property, franchises, and equipments; the number of employees and the When the cession is completed, the grant absolutely mad~, the salaries paid each class; the amounts expended for improvements each year~ power entirely ~xercise4, _and this resolution tabled or laid aside how expended, and the character ~f such improvements; the earnings ~na receipts from each branch of busmess and from all sources; the operatmg or forgotten for the.time being, _then .the que~tion must.. be, how and other .expenses;-the balances of profit and loss; and a complete exhibit will we get rid of our invest:r,nent? It is J>etter ~deliberate. nqw of the financial operations of the carrier each year, including an annual bal­ ance sheet. Such reports shall also contain such information in relation to upon the disposition of this territory that future complications rates or regulations concerning fares or freights, or agreements, arrange- · may be avoided. The cession is not yet complete. The Senat-e menta, or contracts with other common carriers as the commission may re­ must act first. _ . _ quire; and the said commission may, within its discret.!on, for the p~rpo~e of enabling it the better to carry out the purposes of this act, prescnbe (1f in I am unwilling to leave this resolution to be passed on here~ the opinion of the commisosion it is practicable to prescribe such uniformity after, for I know it will be in the hands of some, whom I am per­ and methods of keeping accounts) a period of time within which all common sonally aware are antagonistic to anything save permanent x:e! carriers subject to the provisions of this act shall have, as near as may be, a tention. They will prevent its consideration at all, and I there­ uniform system of accounts, and the manner in which such accounts shall be kept. · ' · fore insist that if it is in good faith intended to treat Cuba and the "Said detailed reports shall contain all the required statistics for the Philippines alike, let the record so show. , . period of twelve months ending on the 30th day of J nne in each year, and shall I do not see either that the mere reference in the ninth article be made out under oath and filed with the commission, at its office in Wash­ ington, on or before the 30th day of September then next following, unless of the pending treaty to the native inhal;>itants of the territories additional time be granted in any case by the commission; and if any carrier, and the provision that Congress shall detel'J:Qine the citizen statuS person, or corporation subject to the :provisions of this section shall fail to interferes with my position. On the contrary, this recital presup­ make and file said annual reports within the time above specified, or within the time extended by the commission for making and filing the sarue, or shall poses that Congress will legislate with reference to these acquisi· fail to make specific answer to any question authorized by the :provisions of tions as though the cession were enduring. this section within thirty days from the time it is lawfully reqmred so to do, Mr. President, I have attempted briefly to give some of the rea­ such party shall forfeit to the United States the sum of $100 for each and ev·ery day it shall continue to be in default with respect thereto. sons which appear to me controlling against the making of this "Said forfeiture shall be recovered in the manner provided for the recovery treaty. I have not dwelt upon the threatened abandonment of of forfeitures under the provisions of this act. the Monroe doctrine, nor have I shown, as I might, the d~culties "The oath ·required by this section may be taken before any person au­ of colonial government in the Tropics. I find no embarrassment thorized to administer an oath by the laws of the State in which the same is taken." in solving the situation, bad as it is, upon lines heretofore indi­ The commission may in its discretion prescribe the forms of any and all cated. Spain and all other nations _can be warned off and local accounts to be kept by carriers subject to the provisions of this act, and this rule can be established. I see no want of dignity u~on the. part shall extend to the account of the movement of traffic as well as the receipt and expenditure of moneys. The commission shall at all times have access of the United States in insisting that as far as the Philippine to all accounts, defined as above, kept by carriers subject to this act, whether Islands are concerned they shall be treated as Cuba is treated. If kept in the form prescribed by the comlllli!sion or otherwise; and it may em­ it be said that we have our commissioners, I answer that we ploy special agents or examiners who shall have-authority, under the order of the commission, to inspect and ex.amine such accounts. This provision should act under our constitutional authority and to the best of shall apply to receivers of carriers and to operating trustees. our ability. That this does not imply discredit, but only implies Any such special a~ent or examiner ~ho divulges any fact or infm;ma~ion regardfulness of duty. . ' which may come to lus knowleqge durmg the cours~ ~f such examma~10n, These questions, I take it. must be determined from some other except in so f!J-r ~he may be directed .bY the commiSSion, shall. be. s~bJ~Ct, upon convictiOn many court of the Umted States of competent JUrisdiCtiOn, standpoint than that of individual preference. Those of us who to a fine of not more than $?,000 or imprisonment for a term not exceeding believe that a new, untried, and dangerous policy is about to be two years, or both. SEc. -. That all cases arising under the act entitled "An act to regulate inaugurated can not find any answer in the assertion that we have commerce," approved February 4,1887, and-the amendments t~ereto, now appropriated other and more congenial territory, areas fitted for pending in any court, and the apJ:!eals or writs of error therem, shall be civilization and easy of access and free from a dangerous and heard and determined as now proVIded by law, and nothing herein shall affect the jurisdiction of any court to hear and determine such pending cases; but permanently nonassimilative population. Never before did we the provisions of this act, so far as they relate thereto, shall apply to all seek a distant sea and an Oriental land, tenanted by millions who proceedings now pending before the commission. are not of us and who deny our authority. I am not attracted by the colonial experiences of the world. The PRESIDENT pro tempore. The amendment offered by Spain herself believed in expansion. Imperialism brought her the Senator from New Hampshire will be received and printed. down. Mr. CHANDLER. I ask that the bill may be temporarily laid Mr. President, in these days when military power and splendor en­ aside, in order that the Senator from California may finish his gross so much attention, at this time when all over the world are renaarks. . repeated the stories of American valor, now when the youth, in The PRESIDENT pro tempore. The Senator from New Hamp­ gratification of his ambition, turns with aspiring eye to the tented shire asks unanimous consent that the unfi-nished business may field, when the soldier and the sailor rejoice in their great accom­ be temporarily laid aside to permit the Senator from California to plishments, it is well for us to look back-to reflect. Have we conclude his speech. Is there objection? The Chair hears none, been suddenly inspired? The fathers of the Republic had studied and the Benator from California will proceed. the history of mankind. They read from the standpoint of threat­ ACQUISITION OF TERRITORY, ened liberty. They deliberated from the vantage ground of disin­ terested honesty. They fought, too, in vindication of their opin­ Mr. WHITE. Mr. President, if the Senator from Colorado had ions. Their life terms were not less than those of this generation. heard the remarks that I made earlier in my speech, he would Greater men have not been here. These statesmen were well have noted that I was not particularly discussing the aspect of p\emental thereto, be, and the same are hereby, extended to the Harwaiian Islands. Executive nominations confirmed by the Senate January 21, 1899. The SPEAKER. Is there objection to the present co~ideration APPOINTMENTS IN THE VOLUNTl!;ER ARMY, of the bill? First Regiment Volunteer Engineers. · Mr. KNOX. Mr. Speaker, I object, as that matter is provided Lieut. Col. Harry F. Hodges, to be colonel. for in a general bill relating to Hawaii. Maj. JohnS. Sewell, to be lieutenant-colonel. Capt. William G. Ramsay, to be major. QUESTION OF PERSONAL PRIVILEGE. First Lieut. Henry C. Wilson, to be captian. Mr. BROSIUS. Mr. Speaker, I rise to a question of privilege, ~econd Lieut. Chauncey Eldredge, to be first lieutenant. and ask the Clerk to read the paragraph which I send to the desk, Sergt. Maj. Justin Burns, to be second lieutenant. The Clerk 1·ead as follows: Executive nominations confirmed by the Senate Janua1-y 28, 1899. SLEEPY MEllrnER OF CONGRESS. COLLECTOR OF CUSTOMS. BROSIUS of Pennsylvania, apparently earns his salary easier than any other member of Congress. He rarely leaves the Hall of the House during William J. Grant, of New York, to be collector of customs for its sessions, but this is because he is asleep a great deal of the time. He slides down in his chair and assumes a comfortable position, and then takes the district of Cape Vincent, in the State of New York. a nap of two or three hours' duration. The noisy debate does not seem to CIRCUIT JUDGE. disturb him, but he slumbers on, oblivious of what is going on about him.­ Washington Letter, Oommel·cial, Toledo, Ohio, January 15, 1899. PeterS. Grosscup, of Illinois, to be United States circuit judge Mr. BROSIUS. Mr. Speaker, I think I am not unduly sensitive for the Seventh judicial circuit. in regard to reflections in the public prints, and if this were an POSTMASTERS, ordinary disparaging remark it would be of no earthly consequence; John W. Breathitt, to be postmaster at Hopkinsville1 in the but it is not only disparaging, it is incriminating. It not only in­ county of Christian and State of Kentucky. volves the mind, but the morals as well. If it is true, I ought not to Charles R. Landrum, to be postmaster at Mount Vernon, in the be here; if my constituents believed it, they would not and ought county of Lawrence and State of Missouri. . not to send me here. It implies total insensibility to the obliga~ William H. Parker, to be postmaster at Onancock, in the county tiona of duty as well as of propriety of conduct in this House; and of Accomac and State of Virginia. it is calculated to injure, if the bad pen of a bad man can ever Miles M. J. Williams, to be poRtmaster at Eminence, in the harm anyone. And that it may be identified in the future, wher~ county of Henry and State of Kentucky. ever it may appear, I here and now brand it a baseless falsehood, Frank H. Bristow, to be postmaster at Elkton, in the county of a cowardly and brutal calumny. . Todd and State of Kentucky. You will remember that since the time of the tong Parliament RichardT. Beckett, to be postmaster at Clayton, in the county it has been regarded as more or less scandalous for members of de­ of Gloucester and State of New Jersey. liberative bodies to sleep in their seats while business was in William T. Coulson, to be postmaster at Port Deposit, in the progress. It will be remembered that in that celebrated Parlia­ county of Cecil and State of Maryland. menta member moved that such scandalous members as slept in J. Eugene Lewis, to be postmaster at Winthrop, in the county their seats when business is in progress should be put out. Later, of Kennebec and State of Maine. showing the disesteem in which Parliament held sleeping mem­ Marcus Mitchell, to be postmaster at East Orange, in the county bers, an honorable lord, voicing the sense of the scandalous con­ of Essex and State of New Jersey. duct of such members, in the midst of a speech exclaimed, refer­ Adam Kandle, to be postmaster at Elmer, in the county of ring to another noble lord, "Even in the midst of these perils the Salem and State of New Jersey. noble lord is asleep." · Albert M. Bradshaw, to be postmaster at Lakewood, in the Now, my observation is that the men who are employed as cor­ county of Ocean and State of New Jersey. respondents of the newspape1·s of the country from this House are,