CONGRESSIONAL• RECORD.

PROCEEDINGS .AND DEBATES OF THE FORTY-SIXTH CONGRESS.

SESSION.

IN .SENATE. circumstances of great mercy, in the enjoyment of reason, and of health and every needed blessing. . MONDAY, December 1, 1879. It hath seemed good unto Thee, 0 God, in Thine inscrntB,ble provi­ dence, to remove by the hand of death from this body one of its mem­ The first Monday of December being "the day prescribed by the Con­ bers. We pray that Thou wouldst bless his affilcted family. Sustain stitution of the for the annual meeting of Congress, the them in their sore bereavement and comfort them with the consola­ second session of the Forty-sixth Congress commenced this day. tions of our most holy religion. And may we be deeply impressed, . The Senators assembled in the Senate Chamber in the Capitol at by this solemn event, of our own mortality, of the shortness and un­ Washington City. certainty of life, and of the importance of being prepared for our The VICE-PRESIDENT of the United States (Hon. WILLIAM A. departure; for we know neither the day nor the hour when we shall WHEELER, of ) took the chair and called the Senate to or- be called hence. der at twelve o'clock noon. · And, 0 God, we invoke Thy blessing to rest upon another member SENATORS PRESENT. of this body, whom Thou hast sorely stricken, in removing by death The following Senators were prt:i;ent: from his companionship the partner of his joys and his sorrows. We F1·om the State of­ invoke Thy blessing to rest upon him in his sore affliction. And if .Alabama-John T. Morgan. there be any other members upon whom Thon hast laid Thy afflicting -Augustus H. Garland and James D. Walker. hand, we pray that Thou. wouldst remember them in great mercy and -Newton Booth. sanctify their afilictions to them. Colorado-N. P. Hill and Henry M. Teller. We commit ourselves and all that are dear to us to Thy guidance Connecticut--William W. Eaton and Orville H. Platt. and protection. We implore Thy grace, and the forgiveness of all Delaware-Thomas F. Bayard and Eli Saulsbury. our sins. We pray for our rulers, for the President and the Vice­ -Wilkinson Call. . ,. President, the Senators and Representatives in Congress, and for all Georgia-John B. Gordon. others in authority. Guide their councils and lead them to the adop­ nlinois-John A. Logan. tion of such. measures as shall redound to Thy ~lory and to the best Indiana-Joseph E. McDonald. interests of our cominon country. Be Thou their guide and support .. , -William B. Allison and Samuel J. Kirkwood • through all the trfaJs a,nd changes of life; be with them in the sol­ Kansas-John James Ingalls and Preston B. Plumb. emn hour of death; and finally receive us all into Thine everlasting -James B. Beck. kingdom, through the riches of grace in Christ, our Redeemer. A.men. Louisiana-Benjamin F. Jonas. NOTIFICATION TO THE HOUSE • . Maine-. Mr. THURMAN offered the following resolution; which wn.s con­ Maryland-James B. Groome. siderea by unanimous consent, and agreed to: Massachusetts-Henry L. Dawes and George F. Hoar. _, Resolved, That the Secretary inform the House of Representatives that a quorum ,, -Thomas W. Ferry. of the Senate is assembled, and that the Senate is ready to proceed to business. .-Samuel J. R. McMillan and William Windom. Mississippi-Blanche K. Bruce. NOTIFICATION TO THE PRESIDEll.T'f. MissO'Uri-Francis M. Cockrell and George G. Vest. Mr. BAYARD submitted the follo~ing resolution; which was con­ -Algernon S. Paddock and Alvin Saunders. sidered by unanimous consent, and agreed to: New Hampshire-Henry W. Blair and Edward H. Rollins. Resolved, That a. com.mitt.ea consisting of two members be appointed, to join such committee as may be appointed by the Honse of Representatives, to wait New Jersey-John R. McPherson and Theodore F. Randolph. upon the President of the Umted States and inform him that a quorum of each New Yorlr-Roscoe Conkling and Francis Kernan. . Honse is assembled, and that Congress is ready to receive any communication he -George H. Pendleton and Allen G•. Thurman. may be pleased to make. Oregon-James H. Slater. By unanimous consent, the Vice-President was authorized to ap­ Pennsylvani~James Donald Cameron and William A. Wallace. point the committee on the part of the Senate; and Messrs. BAYARD Rhode Island-Henry B. Anthony and Ambrose E. Burnside. and ANTHONY were appointed. Tennessee-Isham G. Harris. Texas-Richard Coke and Samuel B. Maxey. HOUR OF MEETING. Vermont-George F. Edmunds and Justin S. Morrill. Mr. W .A.LLACE submitted the following resolution; which was -John W. Johnston. considered by unanimous consent, and agreed to: -Henry G. Davis and Frank Hereford. Resolved, That the hour of the daily meeting of the Senate be twelve o'clock -Matt H. Carpenter. meridian, until otherwise ordered. · PRAYER. REPORT OF SECRETARY OF SENATE. Rev. J. J. BULLOCK, Cha-plain to the Senate, offered the following The VICE-PRESIDENT laid before the Senate the report of the Sec­ prayer: retary of the Senate, communicating, in obedience to law, a state­ Almighty and most merciful God, our Heavenly Father, we adore ment of the receipts and expenditures of the Senate from March 25, Thee as the only true and living God, the creator, the preserver, and 1879, to June 30, 1879; and a. statement of property in his possession · the supreme ruler of the universe. We thank Thee, 0 God, for all belonging to the United Stu.tea December 1, 1879; which was ordered thy pro.vidential blessings to us. They are more in number than the to lie on the table and be printed. stars of heaven and the sands of the sea-shore. Especially do we REPORT OF SERGEANT-AT-A.RMS. thank Thee for Thy kind preservation of us since last we met together The VICE-PRESIDENT also laid before the Senate the annual in this Chamber, and that we are permitted to enter upon the duties report of the Sergeant-at-Arms of the Senate, communicating, in obe­ and responsibilities of another session of this venerable body, under dience to la.w, a statement of property in his possession belonging to 1 2 CONGRESSIONAL RECORD-SENATE. DECEMBER 1,

the United States December 1, 1879; which was ordered to lie on the the country, they are received and paid out as the equivalent of coin. table and be printed. The demand upon the Treasury for gold and silver in exchange for Mr. DAVIS, uf West Virginia. I desire that the communications United States notes has been comparatively small, and the voluntary connected with the Senate expenditures may be referred to the Com­ deposit of coin and bn.µ_ion in exchange .for notes has been very larg~. mittee to Audit and Control the Contingent Expenses of the Senate, The excess of the p~c10us metals deposited or exchanged for United when appointed. . States notes over the amount of United States notes redeemed is The VICE-PRESIDENT. The communications will lie on the table about $40,000,000. for the present, to be referred to that committee when appointed. The resumption of specie payments has been followed by a very COURT OF CLAIMS REPORT. great revival of business. With a currency equivalent in value to The VICE-PRESIDENT laid before the Senate the report of the the money of the commercial world, we ar~ enabled to enter upon an ~qual c?mpetit~on with other nations in trade and production. The clerk of the Court of Claims, communicating, in obedience to law, a mcreasmg foreign demand for our manufactures and agricultural statement of the judgments rendered by that court during the year products has caused a large balance of trade in our favor, which has ending November 29, 1879; which was ordered to lie on the table and been paid in gold, from the 1st of July last to November 15 to the be printed . • amount of about $59,000,000. Since the resumption of spedie pay­ RECESS. ments there has also been a marked and gratifying improvement of Mr. THURMAN, (at twelve o'clock and thirty-five minutes p. m.) the public credit. The bonds of the Government bearing only 4 per I move that the Senate take a recess for three-quarters of an hour. cent. interest have been sold at or above par, sufficient in amount to Mr. EDMUNDS. I would suggest to the Senator from Ohio to name pay off all of the national debt which was redeemable under present half an hour. It is likely that the Senate may be able to proceed laws. The amount of interest saved annually by the process of re­ with business by that time. funding the debt, since March 1, 1877, is 14,297,177. The bonds Mr. THURMAN. My experience is that when we have taken a sold were largely in small sums, and the number of our citizens now recess for half an hour under circumstances like the present we have holding the public securities is much greater than ever before. The had to extend the time. I think we may as well take a recess for amount of the national debt which matures within less than two three-quarters of an hour at once. years is'$792,\fl,700, of which $500,000,000 bear interest at the rate Mr. EDMUNDS. Very well; I do not insist on my suggestion. of 5 per cent., and the balance is in bonds bearing 6 per cent. interest. The VICE-PRESIDENT. The question is on the motion of the It is believed that this part of the public debt can be refunded by Senator from Ohio that the Senate take a. recess for three-quarters of the issue of 4 per cent. bonds, and, by the reduction of intereMt which an hour. will thus be effect~, about eleven millions of dollars can be annually The motion was agreed to; and at the expiration of the recess (at saved to the Treasury. To secure this important reduction of interest one o'clock and twenty minutes p. m.) the Senate reassembled. to be paid by the United States, further legislation is required, MESSAGE FROM THE HOUSE. whi~h, it is hoped, will be provided by Congress during its present Mr. GEORGE M . .ADAMS, the Clerk of the House of Representatives, session. appeared at the bar of the Senate and delivered the following mes­ The coinage of gold by the mints of the United States during the sage: last fiscal year was 40,986,912. '!'he coinage of silver dollars since Mr. President, I am directed by the Honse of Representatives to in­ the passage of the act for that purpose up to November 1, 1879, waa form the Senate that a quorum of the Honse of Representatives has $45,000,850, of which $12,700,344 have been issued from the Treasury, appeared, and that the House is now ready to proceed to business. I and are now in circulation, and $32,300,506 are still in the possession am also directed to inform the Senate that the House of Representa­ of the Government. tives has appointed Mr. J. D. C. ATKINS, of Tennessee; Mr. GEORGE The pendency of the proposition for unity of action between the A. BICKNELL, of Indiana, and Mr. JAMES A. GARFIELD, of Ohio, a United States and the principal commercial nations of Europe to committee on the part of the House, to join such committee as may be effect a permanent system fort.he equality of gold and silver in the appointed on the part of the Senate, to wait upon the President of recognized money of the world leads me to recommend that Congress the United States and inform him that a quorum of the two Houses refrain from new legislation on the general subject. The great re­ has assembled, and that Congress is ready to receive any communi­ vival of trade, internal and foreign, will supply during the coming cation he may be pleased to make. year its own instructions, which may well be awaited before attempt­ ing further experimental measures with the coinage. I would, how­ ' DARIEN CANAL-MONROE DOCTRINE. ever, strongly urge upon Congress the importance of authorizing the Mr. BURNSIDE. Mr. President, I desire to give notice that to­ Secret.a.ry of the Treasury to suspend the coinage of silver dollars morrow, immediately after the morning hour, I shall ask the indul­ upon the present legal ratio. The market value of the silver dollar gence of the Senate whilst I address a. few remarks upon a resolution being uniformly and largely less than the market value of the gold which I introduced last June touching the interoceanic canal, and dollar, it is obviously impracticable to maintain them at par with reaffirming the Monroe doctrine. I, promise not to detain the Senate each other if both are coined without limit. If the cheaper coin is to exceed half an hour. forced into circulation it will, if coined without limit, soon become PRESIDENT'S ANNUAL MESSAGE. the sole standard of value, and thus defeat the desired object, which Mr. BAYARD. Mr. President, the committee appointed by the Sen­ is a currency of both gold and silver, which shall be of equivalent ate to wait upon the President of the United States, in conjunction value, dollar for dollar, with the universally recognized money of the with a similar committee appointed by the House of Representatives, world. and to inform him that a quorum of both Houses was present and The retirement from circuJation of United States notes, with the ready to receive any communication from him, have performed the capacity of legal tender in private contracts, is a step to be taken in duty assigned them, and have been informed by the President that he our progress toward a safe and stable currency, which should be ac­ would communicate his message in writing at once. cepted ati the policy and duty of the Government, and the interest '4.t one o'clock and forty-five minutes p. m., Mr. W. K. RODGERS, the and secUI'ity of the people. It is my firm conviction that the issue of Private Secretary of the President of the United States, appeared at legal tenderpapermoney based wholly upon the authority and credit the bar of the Senate, and said : of the Government, except in extr~me emergency, is without warrant Mr. President, I 8!m directed by t!ie Pr~sident of the United States in the Constitution, and a violation of sound financial principles. to deliver to the Senate a message rn writing. The issue of United States notes during the late civil war with the The message was received from the Secretary, and handed to the capacity of legal tender between private individuals was not author­ Vice-President. ized except as a means of rescuing the country from imminent peril. The VICE-PRESIDENT. The Chair lays before the Senate the an­ The circulation of these notes as paper money for any protracted nual message of the President of the United States, which the Secre­ period of time after the accomplishment of this purpose was not con­ tary will read. templated by the framers of the law under which they were issued. The Secretary of the Senate, Mr. JOHN C. BURCH, read the message, They anticipated the redemption and withdrawal of these notes at as follows: the earliest practicable period consistent with the attainment of the object for which they were provided. . Fellow-citizens of the Senate and House of Rep1·eientatives: The policy of the United States, steadily adhered to from the adop­ The members of the Forty-sixth Congress have assembled in their tion of the Constitution, has been to avoid the creation of a national first regular session under circumstances calling for mutual congrat­ debt, and when, from necessity in time of war, debts have been ulation and grateful acknowledgment to the Giver of all good for created, they have been paid off on the return of peace as rapidly as the large and unusual measure of national prosperity which we now possible. With this view and for this purpose, it is recommended enjoy. that the existing laws for the accumulation of a sinking fund suffi­ The most interesting events which have occurred in our public cient to extinguish the public debt within a limited period be main­ affairs since my last annual message to Congress are connected with tained. If any change of the objects or rates of taxation is deemed the :financial operations of the Government directly affecting the necessary by Congress, it is suggested that experience bas shown business interests of the country. that a duty can be placed on tea and coffee, which will not enhance I c-0ngratulate Congress on the successful execution of the resump­ the price of those articles to the consumer, and which will add sev­ tion act. At the time fixed, and in the manner contemplated by law, eral millions of dollars annually to the Treasury. United States notes began to be redeemed in coin. Since the 1st of The continued deliberate violation by a large number of the prom­ January last they have been promptly redeemed on presentation, inent and influential citizens of the Territory of Utah of the laws of and iu all bu&iness transa-0tions, public and private, in all parts of the United States for the prosecution and punishment of polygamy

..J. ·· .... 1879. OONHRESSIONAL RECORD-SENATE. 3

demands the attention of every d~partment of the Government. This as an enlarged experience has deepened my sense of the duty both of Territory has a population sufficient to, entitle it to admission n.s a officers and of the people themselves to co-operate for their removal. State, and the general interests of the nation, as well as the welfare The grave evils and perils of a. partisan-spoils system of appointment of the citizens of the Territory, require its advance from the terri­ to office and of office tenure are now generally recognized. In the torial form of government to the responsibilities and privileges of a resolutions of the great parties, in the reports of Departments, in the State. This important change will not, however, be approved by the debates and proceedings of Congress, in the messages of Executives, country while the citizens of Utah in very considerable number up­ the gravity of these evils has been pointed out and the need of their hold a practice which is condemned as a crime by the laws of all reform has been admitted. civilized communities throughout the world. To command the necessary support, every measure of reform must The law for the suppression of this offense waa enacted with great be based on common right and justice, and must be compatible with unanimity by Con~ress more than seventeen years ago, but bas re­ the healthy existence of great parties, which are inevitable n.nd essen­ mained nntil recently a dead letter in the Territory of Utah because tial in a free state. of the peculiar difficulties attending its enforcement. The opinion When the people have approved a policy at a national election, widely prevailed among the citizens of Utah that the law was in con­ confidence on the part of the officers they have selected, and of the travention of the constitutional guarantee of religions freedom. This advisers who, in accordaince with our political institutions, should objection is now removed. .The Supreme Court of the United States be consulted in the policy which it is their duty to carry into effect, has decided the law to be within the legislative power of Congress, is indispensable. It is eminently proper that they should expl.a.in and binding aa a rule of action for all who reside within the Terri­ it before the people, as well as illustrate its spirit in the performance tories. There is no longer any reason for delay or hesitation in its of their official duties. enforcement. It should be firmly and effectively executed. If not Very different considerations apply to the greater number of those sufficiently stringent in its provisions it should be amended; and, in who fill the subordinate places in the civil service. Their responsi­ aid of the purpose in view, I recommend that more comprehensive bility is to their superiors in official position. It is their duty to obey and more searching methods for preventing as well as punishing this the legal instructions of those upon whom that authority is de­ crime be provided. If necessary to secure obedience to the law, the volved, and their best public service consists in the discharge of enjoyment and exercise of the rights and privileges of citizenship in their functions irrespective of partisan politics. Their duties are · the Territories of the United States may be withheld or withdrawn the same, whatever party is in power and whatever policy prevails. from those who violate or oppose ·the enforcement of the law on this As a consequence, it follows that their tenure of office should not de­ subject. pend on the prevalence of any policy or the supremacy of any party, The elections of the past year, though occupied only with State but should be determined by their capacity to serve the people most offices, have not failed to elicit in the political discussions which usefully, quite irrespective of partisan interests. The same consid­ attended them all over the country new and decisive evidence of the erations that should govern the tennre should also prevail in the ap­ deep interest which the great body of citizens take in the progress of pointment, discipline, and removal of these subordinates. The au­ the country toward a more general and complete establishment, at thority of appointment and removal is not a perquisite, which may whatever cost, of universal security and freedom in the exercise of be used to aid a friend or reward a partisan, but is a trust to be ex­ the elective franchise. While many topics of political concern de­ ercised in the public interest, under all the sanctions which attend mand great attention from our people, both in the sphere of national the obligation to apply the public funds only for public purposes. and State authority, I find no reason to qualify the opinion I expressed Every citizen has an equal right to the honor and profit of entering in my last annual message, that no temporary or a,dministrati ve inter­ the public service of his country. The only just ground of discrimi­ ests of government, however urgent or weighty, will ever displace nation is the measure of cha.meter and capacity he has to make that the zeal of our people in defense of the primary rights of citizenship, service most useful to the people. Except in cases where, upon just :1Ild that the power of public opinion will override all political prej­ and recognized principles, as upon the theory of pensions, offices and udices, and all sectional and State attachments, in demanding that promotions are bestowed as rewards for past services, their bestowal all over our wide territory the name and character of citizen of the upon any theory which disregards personaJ merit is an act of injus­ United States shall mean one and the same thing, and carry with tice to the citizen, as well as a breach of tliat trust subject to which them unchallenged security arid respect. I earnestly appeal to the the appointing power is held. intelligence and patriotism of am. good citizens of every part of the In the light of. these principles it becomes of great importance to country, however much they may be divided in opinions on other provide just and adequate means, especially for every department and political subjects, to unite in compelling obedience to existing laws large administrative office, where personal discrimination on the part aimed at the protection of the right of suffrage. I respectfully urge of its head is not practicable, for ascertaining those qualifications to upon Congress to supply any defects in these laws which experience which appointments and removals should have reference. To fail to has shown and which it is within its power to remedy. I again provide such means is not only to deny the opportunity of Mcertain­ invoke the co-operation of the executive and legislative authorities ing the facts upon which the most righteous claim to office depends, of the States in this great purpose. I am fully convinced that, if but, of necessity, to discourage all worthy aspirants by handing over the public mind can be set at rest on this paramount question of appointments and removals to mere fofluence and favoritism. If it popular rights, no serious obstacle will thwart or delay the compl~te is the right of the worthiest claimant to gain the appointment, and pacification of the country, or retard the general di.:ffusion of pros­ the interest of the people to bestow it upon him, it would seem clear perity. that a wise and just method of ascertaining personal fitness for office In a former messa~e I invited the attention of Congress to the sub­ must be an important and permanent function of every just and wise ject of the reformation of the civil service of the Government, and government. It has long since become impossible, in the great offices, expressed the intention of transmitting to Congress as early as prac­ for those having the duty of nomination and appointment to person­ ticable a report upon this subject by the chairman of the civil serv­ ally examine into the individual qualifications of more than a small ice commission. proportion of those seeking office ; and, with the enlargement of the In view of the facts that during a considerable period the govern­ civil service, that proportion must continue to become less. ment of Great Britain has been dealing with administrative problems In the earlier years of the Government, the subordinate officers and abuses in various particulars analogous to those presented in this were so few in number that it was quite easy for those making ap­ conntry, and that in recent years the measures adopted were under­ pointments and promotions to personally ascertain the merits of can­ stood to have been effective, and in every respect highly satisf~ctory, didates-party managers and methods had not then become powerful I thought it desirable to have fuller information upon the subject, agencies of coercion, hostile to the free and just exercise of the and accordingly requested the chairman of the civil service com­ appointing power. . mission to make a thorough investigation for this purpose. The re­ ~ large and responsible part of the duty of restoring the civil ser­ sult has been an elaborate and comprehensive report. vice to the desired purity a.nd efficiency rests upon the President, and The report sets forth the history of the partisan-spoils system in it is my purpose to do what is within my power to advance such pru­ Great Britain, and of the rise and fall of the parliamentary patronage, dent and gradual measures of reform as will most surely and rap­ and of offici8J interference with the freedom of elections. It shows idly bring about that radical change of system essential to make our that after long trials of various kinds of examinations, those which administrative methods satisfactory to a free and intelligent people. are competitive and open on equal forms to all, and which are car­ By a proper exercise of authority, it is in the power of the Execu­ ried on under t,be superintendence of a single commission, have, with tive to do much to promote such a reform. But it cannot be to() great advantage, been established as conditions of admission to almost clearly understood that nothing adequate can be accomplished with­ every official place in the subordinate administration of that country out co-operaf;ion on the part of Congress and considerate and intelli­ and of British India. The completion of the report, owing to the gent support among the people. Reforms which challenge the gen­ extent of the labor involved in its preparation, and the omission erally accepted theories of parties, and demand changes in the meth­ of Congress to make any provision either for the compensation or the ods of departments, are not the work of a day. Their permanent expenses of the commission, has been postponed until the present foundations must be la.id in sound principles, and in an experienc6 time. It is herewith transmitted to Congress. which demonstrates their wisdom and exposes the errors of their While the reform measures of another government are of no author­ adversaries. Every worthy officer desires to make his official action ity for us, they are entitled to influence to the extent to which their a gain and an honor to bis country, but the people themselves, far intrinsic wisdom and their adaptation to onr institutions and social more than their officers in public station, are interested in a pure, life may commend them to our consideration. economical, and vigorous :tdministration. The views I have heretofore expressed concerning the defects and By laws enacted in 1853 and 1855, and now in substance incorpo­ abuses in our civil administration remain unchanged, except in so far rated in the Revised Statutes, the practice of arbitrary appointments

• 4 CONGRESSIONAL REOORD-SENATE. DECEMBER 1,

to the several subordinate grades in the great Departments was con­ The reports of the Government officers, in the city of New York demned, and examinations as to capacity, to be conducted by depart­ especially, bear decided testimony to the utility of open competitive mental boards of examiners, were provided for and made conditions examinations in their respective offices, showing that "these exami­ of admission to the public service. These statutes are a decision by nations, and the excellent qualifications of those admitted to the Congress that examinations of some sort as to attainments and capac­ service through them, have had a marked incidental effect upon the ity are essential to the well-being of the public service. The impor­ persons previously in the service, and particularly upon those aspir­ tant questions since the enactment of these laws have been as to the ing to promotion. There has been, on the part of these fatter, an in­ character of these examinations, and whether official favor and parti­ creased interest in the work, and a desire to extend acquaintance san influence, or common right and merit, were to control the a-0cess with it beyond the particular desk occupied, and thus the nwrale of to the examinations. In practice, these examinations have not always the entire force has been raised. * * * The examinations have been open to worthy persons generally who might wish to be ex­ been attended by many citizens who have had an. opportunity to amined. Official favoritism and partisan influence, as a rule, appear thoroughly investigate the scope and character of the tests and the to have designated those who alone were permitted to go before the method of determining the results, and those visitors have, without examiniRg boards, subjecting even the examiners to a pressure from exception, approved the methods employed, and several of them have the friends of the candidates very difficult to resist. As a consequence publicly attested their favorable opinion." the standar!l of admission fell below that which the public interest Upon such considerations, I deem it my duty to renew the recom­ demancled. It wa.a also almost inevitable that a system which pro­ mendation contained in my annual message of December, 1877, re­ vided for -various separate boards of examiners, with no common questing Congress to make the necessary appropriation for the supervision or uniform method of procedure, should result in confu­ resumption of the work of the civil-service commission. Economy sion, inconsistency, and inadequate tests of capacity highly detri­ will be promoted by authorizing a moderate compensation to persons mental to the public interests. A further and more radical change in the .public service who may perform extra labor upon or under was obviously required. the commission, as the Executive may direct. In the annual message of December, 1870, my predecessor declared I am convi need that if a just and adequate test of merit is enforced that ''there is no duty which so much embarrasses the Executive and for admission to the public service and in making promotions, such heads of Departments as that of appointments; nor is there any such abuses as removals without good cause and partisan and official in­ arduous and thankless labor imposed on Senators and Representa­ terference with the proper exercise of the appointing power, will in. tives as that of findmg places for constituents. The present system large measure disappear. does not secure the best men, and often not even fit men, for the pub­ There are other administrative abuses to which the attention of lic places. The elevation and purification of the civil service of the Congress· should be asked in this connection. Mere partisan appoint­ Government will be hailed with approval by the whole people of the ments, and the constant peril of removal without cause, very natu­ United States." Congress accordingly passed the act approved March rally leo.d to an abs•)rbing and mischievous political activity on the 3, 1871, "to regulate the civil service of the United States and pro­ part of those thus appointed, which not only interferes with the due mote the efficiency thereof," giving the necessary authority to the discharge of official duty, but is incompatible with the freedom of Executive to inaugurate a civil-service reform. elections. Not without warrant in the views of several of my prede­ Acting under this statute, which was interpreted as intended to cessors in the presidential office, and directly within the law of 1871, secure a system of just and effectual. examinations under uniform already cited, I endeavored, by regulation made on the 22d day of supervision, a number of eminently competent persons were selected June, 1877, to pat some reasonn.ble limits to such abuse.'i. It may for the purpose, who entered with zeal upon the discharge of their not be easy, and it may never perhaps be necessary, to define with duties, prepared, with an intelligent appreciation of the requirements precision the proper limit of political action on t he p:l.rt of Federal of the service, the regulations contemplated, and took charge of the officers. But while their right to hold and freely express their opin­ examinations, and who, in their capacity as a board, ha.ve been known ions cannot be questioned, it is very plain that they should neither as the" civil service commission." Congress for two years appropri­ be allowed to devote to other subjects the time needed for the proper ated the money needed for the compensation and for the expense of discharge of their official duties, nor to use the authority of their carrying on the work of the commission. office to enforce their own opinions or to coerce the political n.ction It appears from the report of the commission, submittod to the of those who hold different opinions. President in April, 1874, that examinations had been held in various Reasons of justice and public policy, quite analogous to those which sections of the country, and that an appropriation of about $25,000 forbid the use of official power for the oppression of the private citi­ would be required to meet the annual expenses, including salaries zen, impose upon the Government the duty of protecting its officers involved in discharging the duties of the commission. The report and agents from arbitrary exactions. In whatever aspect considered, was transmitted to Congress by specialmessa,ge of April 18, 1874, with the practice of making levies for party purposes, upon the salaries the following favorable comment upon the labors of the commission: of officers, is highly demoralizing to the public service and discredita­ 'If sustained by Congress, I have no doubt the rules can, after the ble to the country.. Though an officer should be as free as any other experience gained, be so improved and enforced as to still more ma­ citizen to give his own money in aid of his opinions or his party, he terially benefit the public service and relieve the Executive, members should also be as free a.a UJlY other citizen to refuse to make such of Congress, and the heads of Departments from influences prejudicial gifts. If salaries are but a fair compensation for the time and labor to good administration. The rules, as they have hitherto been en­ of the officer, it is gross injustice to levy a tax upon them. If they forced, have resulted benefic1ally, as is shown by the opinions of the are made excessive in order that they may bear the ta.x:, the excess is members of the Cabinet and their subordinates in the Departments, an indirect robbery of the public funds. and in that opinion I concur." And in the annual message of Decem­ I recommend, therefore, such a. revision and extension of present ber of the same year similar views are expressed, and an appropria­ statutes as shall secure to those in every grade of official life or public tion for continuing the work of the commission again advised. employment the protection with which a great and enlightened na­ The appropriation was not made, and, as a consequence, the active tion should guard those who are faithful in its service. - work of the commission was suspended, leaving the commission itself Our relations with foreign countries have continued peaceful: .still in existence. Without the means, therefore, of causing qualifi­ With Great Britain there are still unsettled questions, growing out of cations to be tested in any systematic manner, or of securing for the the local laws of the maritime provinces and the action of provincial public service the advantages of competition upon any extensive plan, authorities, deemed to be in derogation of rights secured by treaty I recommended in my annual message of December, 1877, the making to American fishermen. The United States minister in London has of an appropriation for the resumption of the work of the commission. been instructed to present a demand for $105,305.02 in view of the In the mean time, however, competitive examinations under many damages received by American citizens at Fortune Bay, on the 6th embarrassments have been conducted within limited spheres in the day of January, 1878. The subject has been taken into consideration Executive Departments ill Wa.Bhington and in a number of ·the cus­ by the British government, and an early reply is anticipated. tom-houses and post-offices of the principal cities of the country with Upon the completion of the necessary preliminary examinations the a view to further test their effects, and in every instance they have subject of our participation in the provincial :fisheries as regulated by been found to be as salutary as they are stated to have been under treaty will at once be brought to the attention of the British govern­ I the administration of my predecessor. I think the economy, purity, ment with a view to an early and permanent settlement of the whole and efficiency of the public service would be greatly promoted by question, which w~ only temporarily adjusted by the treaty of Wash­ their system:i.tic introduction wherever practicable throughout the ington. entire civil service of the Government, together with ample provis­ Efforts have been made to obtain the removal of restrictions found ion for their genera.I supervision in order to secure consistency and injurious to the exportation of cattle to the United Kingdom. uniform justice. • Some correspondence has also occurred with regard to the rescue Reports from the Secretary of the Interior, from the Postma.ater­ and saving of life and property upon the lakes, which has resulted in General, from the postmaster in the city of New York, where such important modifications of the previous regulations of the Dominion examinations have been some time on trial, and also from the col­ government on the subject, in the interest of humn.uity and commerce. lector of the port, the nav:tl officer, and the surveyor in that city, In accordance with the joint resolution of the last session of Con­ and from the postmasters and collectors in several of the other large gress, commissioners were appointed to represent the United States at cities, show that the competitive system where applied has in various the two international exhibitions-in Australia, one of which is now ways contributed to improve the public service. in progress at Sidney 'Lnd the other to be held next year at Melbourne. The reports show that the results have been salutary in a marked A desire has been expressed by our merchants a.nd manufacturers in­ degree, and that the general application of similar rules cannot fail terested in the important and growing tra.de with Australia that an to be of decided benefit to the service...... increased pro_vision should be made by Congress for the representa-

• 1879. CONGRESSIONAL RECORD-SENATE. 5 tion of our industries at the Melbourne 'exhibition of next year, and their respective governments, raids and depredations have gre'l.tly the subject is respectfully submitted to your favorable consideration. decreased, and in the localities where formerly most destructive have The a.ssent of the Government has been given to the landing on the now almost wholly ceased. In view of this result, I entertain a con­ coast of .Massachusetts of a new and independent transatlantic cable fident expectation that the prevg,lence of quiet on the border will between France, by way of the French island of St. Pierre, and this soon become so assured as to justify a modification of the present country, subject to any future legislation of Congress on the subject. orders to our military commanders as to crossing the border, without The conditions imposed, before allowing this connection with our encouraging such disturbances as would endanger the peace of the shores to be established, are such as to secure its competition with two countries. · any existing or future lines of marine cable, and preclude amalga­ The third installment of the award against Mexico under the cla.ims mation therewith, to provide for entire equality of rights to our Gov­ commission of July 4-, 1868, was duly paid, and has been put in course ernment and people with those of France in the use of the cable, and of distribution in pursuance of the act of Congress providing for the prevent any exclusive possession of the privilege as accorded by same ~ This satisfactory situation between the two countries leads France to the disadvantage of any future cable communication be­ me to anticipate an expansion of our trade with Mexico and an in­ tween France and the United States which may be projected and ac­ crea.sed contribution of capital and industry by our people to the de­ complished by our citizens. An important reduction of the present velopment of the great resources of that country. I earnestly com­ rates of cable communication with Europe, felt to be too burdensome mend to the wisdom of Congress the provision of suitable legislation to the interests of our commerce, must necessarily :flow from the es­ looking to this result. tablishment of this competing line. Diplomatic intercoUl'Se with Colombia is again fully restored by The attention of Congress was drawn to the propriety of some gen­ the arrivalof aministerfrom that country to the United States. This eral regulation by Congress of the whole subject of transmarine ca.­ is especinJ.ly fortunate in view of the fact that the question of an bles by my predecessor in his message of December 7, 1875,. and I interoceanic canal has recently assn.med a new and important aspect, respectfully submit to your consideration the importance of congres­ and is now under discussion with the Central American countries sional action in the matter. through whose territory the canal, by the Nicaragua route, would The questions of grave importance with Spain, growing out of the have to pass. It is trusted that enli~htened statesmanship on their incidents of the Cuban insurrection, have been, for the most part, part will see that the early prosecution of such a work will largely happily and honorably settled. It may reasonably be anticipated inure to the benefit, not only to their own citizens and those of the that the commission now sitting in W aahington, for the decision of United States, but of the commerce of the civilized world. It is not private cases in this connection, will soon be able to bring its labors doubted that should the work be undertaken under the protective to a conclusion. auspices of the United States, and upon satisfactory concessions for The long standing question of East Florida claims has lately been the right of way and its security by the Central American govern­ renewed as a subject of correspondence, and may possibly require ments, the capital for its completion would be readily furnished from congressional action for its final disposition. this country and Europe, which might, failing such guarantees, prove A treaty with the Netherlands, with respect to consular rights and inaccessible. privileges, similar to those with other powers, has been signed and Diplomatic relations with Chili have also been strengthened by the ratified, and the ratifications were exchanged on the 31st of July last. reception of a minister from that country. Negotiations for extradition treaties with the Netherlands and with The war between Peru, Bolivia, and Chili still continues. The Denmark are now in progress. United States have not deemed it proper to interpose in the matter Some questions with Switzerland, in regard to pauper :md convict further than to convey to o.11. the governments concerned the assur­ emigrants, have arisen, but it is not doubted that they will be ar­ ance that the friendly offices of the Government of the United States ranged upon a just and satisfactory basis. A question has also oc­ for the restoration of peace upon an honorable basis will be extended, curred with respect to an asserted claim by Swiss municipal author­ in case the belligerents shall exhibit a readiness to accept them. ities to exercise tutelage over persons and property of Swiss citizens Cordial relations continue with Brazil and the Argentine Republic, natumlized in this country. It is possible this may require adjust- and trade with those countries is improving. A provision for regular ment by treaty. ' :md more frequent mail communica.tion, in our own ships, between With the German Empire frequent questions arise in connection the ports of this country and t·he nations of South America seems to with the subjects of naturalization and expatriation; but the impe­ me to deserve the attention of Congress, as an essential precursor of rial government has constantly manifested a desire to strictly main­ an enlargement of our commerce with them and.an extension of our tain and comply with all treaty stipulations in regard to them. carrying trade. In consequence of the omission of Congress to provide for a diplo­ A recent revolution in Venezuela has been followed by the estab­ matic representative at Athens, the legation to Greece has been with­ lishment of a provisional government. This government has not yet drawn. There is now no channel of diplomatic communication be­ been formally recognized, and it is deemed desirable to await the pro­ tween the two countries, and the expediency of providing for one, in posed action of the people, which is expected to give it the sanction some form, is submitted to Congress. of constitutional forms. Relations with Austria, Russia, Italy, Portugal, Turkey, and Bel­ A naval vessel has been sent to the Samoan Islands to make surveys gium continue amicable, and marked by no incident of especial im­ and take possession of the privileges ceded to the United States by portance. Samoa in the harbor of Pagopago. A coaling station is to be estab­ A change of the personal head of the government of Egypt haa lished there, which will be convenient and useful ,to United States taken place. No change, however, has occurred in the relations be­ vessels. tween Egypt and th-a United States. The action of the Egyptian The subject of opening diplomatic relations with Roumania and .government in presenting to the city of New York one of the ancient Servia, now become independent sovereignties, is at present under obelisks, which possess such historic interest, is highly appreciated consideration, and is the subject of diplomatic correspondence. as ai generous mark of international regard. If prosperity should There is a gratifying increase of trade with nearly all European attend the enterprise of its transportation across the Atlantic, its and American countries, and it is believed that with judicious action erection in a conspicuous position in the chief commercial city of the in regard to its development, it can and will be still more enhanced, nation will soon be accomplished. and that American products and manufactures will find new and The treaty recently made between Japan and the United States in expanding markets. The reports of diplomatic and consular officers regard to the revision of former commercial treaties, it is now be­ upon this subject, under the system now adopted, have ;resulted in lieved, will be followed by similar n.ction on the part of other treaty ohtaining much valuable information, which has been and will con­ powers. The attention of Congress is again invited to the subject tinue to be !::Lid before Congress and the public from time to time. of the indemnity funds received some years since from Japan and The third article of the treaty with Russia, of March 30, 1867, by China, which, with their accumulated interest, now amount to con­ which Alaska wa.s ceded to the United States, provides that the in­ siderable sums. If any part of these funds is justly due to American habitants of the ceded territory, with the exception of the uncivilized citizens, they should receive it promptly; and whatever may have native tribes, shall be admitted to the enjoyment of a.11 the rights of been received by this Government in excess of strictly just demands citizens of the United States, and shall be maintained and protected should in some form be returned to the nations to whom it equitably in the free enjoyment of their liberty, property, and religion. The belongs. uncivilized tribes are subject to such ln.ws and regulations as the The government of China has signified its ~ngness to consider United States may from time to time adopt in regard to the aboriginal the question. of the emigration of its subjects to the United States tribes of that country. . with a dispassionate fairness, and to co-operate in such measures as Both the obligations of this treaty and the necessities of the peo­ may tend to prevent injurious consequences to the United States. ple require that some organized form of government over the Terri­ The negotiations are still proceeding, and will be pressed with dili­ tory of Alaska be adopted. gence. There appears to be no law for the arrest of persons charged with A question having arisen between China and Japan about the Lew common-law offenses, such as assault, robbery, and murder, and no Chew Islands, the United States Goyernment has taken measures to magistrate autherized to issue or execute process in such ca-ses. Se­ inform those powers of its readiness to extend its good offices for the rious difficulties have already arisen from offenses of this character, maintenance of peace, if they shall mutually deem it desirable and not only among the original inhabitants, but a.mong citizens of the find it practicable to avail themselves of the proffer. United States and other countries, who have engaged in mining, :fish­ It is a gratification to be able to announce that, through the ju­ ing and other business operations within the Territory. A bill author­ dicious and energetic action of the military commanders of the two izing the appointment of justices of the peace and constables, and the nations on each side of the Rio Grande, under the instructiona of arrest and detention of persons charged with criminal offenses, and 6 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 1, providing for an appeal to United States courts for the district of The total expenditures of the year ended June 30, 1879, including Oregon, in suitable cases, will at a proper time be submitted to Con­ specific appropriations not estimated for by the Department, were gress. $13,555,710.09. The expenses chargeable to the year, after deduct­ The attention of Congress is called to the annual report of the Sec­ ing the amount of these speci:fio appropriations, were 13,343,317.79; retary of the Treasury on the condition of the public :finances. but this is subject to a reduction of $283,725.99, that amount having The ordinary revenues from all sources for the fiscal year ending been drawn upon warrants, but not paid out during the year. The June 30, 1879, were $273,827,184.46; the ordinary expenditures for the amount of appropriations applicable to the last fiscal year was same period were $266,947,883.53; leaving a surplus revenue for the 14,538,646.17. There was, therefore, a balance of 1,479,054.37 re­ year of $6,879,300.93. maining unexpended and to the credit ~ of the Department on June The receipts for the present fiscal year ending June 30, 1880, actual 30, 1879. The estimates for the fiscal yeai: ending June 30, 1881, are and estimated, are as follows:' Actual receipts for the first quarter, $14,864,147.95, which exceeds the appropriations for the present fiscal commencing July 1, 1879, $79,843,663.61; estimated receipts for the year $361,897.28. The reason for this increase is explained in the remainin

penditures of the Department were $33,449,899.45, of which the sum dians who can give satisfactory proof of having, by their own labor, of $376,461.63 was paid on liabilities incurred in preceding years. supported their families for a number of years, and who are willing The expenditures during the year were $801,209.77 less than in the to detach themselves from their tribal relations, to the benefit of the preceding year. This reduction is to be attributed mainly to the homestead act, and to grant them patents containing the same pro- operation of the law passed June 17, 1878, changing the compensa­ vision of inalienability for a certain period. · tion of postmasters from a commission on the value of stamps sold The experiment of sending a number of Indian children, of both to a commission on stamps canceled. sexes, to the Hampton Normal and Agricultural Institute, in Vir­ The amount drawn from the Treasury on appropriations in addition ginia, to receive an elementary English education and practical in­ to the revenues of the Department was 3,031,454.96, being $2,276,- struction in farming and other useful industries, has led to results so 197.86 less than in the preceding year. promising that it was thought expedient to turn over the cavalry The expenditures for the :fiscal year ending June 30, 1881, are esti­ barracks at Carlisle, in Pennsylvania, to the Interior Department for mated at $::$9,920,900, and the receipts from all sources at $32,210,000, the establishment of an Indian school on a larger scale. This school leaving a deficiency to be appropriated for out of the Treasury of has now one hundred and fifty-eight pupils, selected from various $7,710,900. tribes, and is in full operation. Arrangements are also made for the The relations of the Department with railroad companies have education of a number of Indian boys and girls belonging to tribes been harmonized, notwithstanding the general reduction by Congress on the Pacific slope in a similar manner, at Forest Grove, in Oregon. of their compensation, by the appropriation for special facilities, and These institutions will commend themselves to the liberality of Con­ the railway post-office lines have been greatly extended, especially gress and to the philanthropic munificence of the American people. in the Southern States. The interests of the railway-mail service and Last spring information was received of the organization of an ex­ of the public would be greatly promoted and the expenditures could tensive movement in the Western States, the object of which was the be more readily controlled by the classification of the employes of occupation by unauthorized persons of certain lands in the Indian the railway-mail service as recommended by the Postma.star-General, territory ceded by the Cherokees to the Government for the purpose the appropriation for salaries, with respect to which the maximum of settlement by other Indian tribes. limit is already fixed by law, to be made in gross. On the 29th of April I issued a proclamation warning all persons The Postmaster-General recommends an amendment of the law against participation in such an attempt, and by the co-operation of regulating the increase of compensation for increased service and a military force the invasion was promptly checked. It is my pur­ increased speed on star routes, so as to enable him to advertise for pose to protect the rights of the Indian inhabitants of that Territory proposals for snch increased service and speed. He also suggests the to the full extent of the executive power. But it would be unwise advantages to accrue to the commerce of the country from the enact­ to ignore the fact that a Territory so large and so fertile, with a pop­ ment of a general law authorizing contracts with American-built ulation so sparse and with so great a wealth of unused resources, will steamers carrying the American flag, for transporting the mail be­ be found more exposed to the repetition of such attempts as hap­ tween ports of the United States and ports of the West Indies and pened this year, when the surrounding States are more densely set­ South America at a fixed maximum price per mile, the amount to be tled and the westward movement of our population looks still more expended being regulated by annual appropriations in like manner eagerly for fresh lands to occupy. Under such circumstances the with the amount paid for the domestic star service. difficulty of maintaining the Indian Territory in its present state will The arrangement made by the Postmaster-General and the Secre­ greatly increase, and the Indian tribes inhabiting it would do well to tary of the Treasury for the collection of duty upon books received prepare for such a contingency. I therefore fully approve of the ad­ in the mail from foreign countries pas proved so satisfactory in its vice given to them by the Secretary of the Interior on a recent occa­ practical operation that the recommendatio11 is now made that Con­ sion, to divide among themselves in severalty a.a large a quantity of gress shall extend the provisions of the act of March 3, 1879, under their lands as they can cultivate; to acquire individual title in fee, which this arrangement was made, so as to apply to all other dutia­ instead of their present tribal ownership in common, and to conside;­ ble articles received in the mails from foreign countries. in wp.at manner the balance of their lands may be disposed of by the The reports of the Secretary of the Interior and of the Commis­ Government for their benefit. By adopting such a policy they would sioner of Indian Affairs, setting forth the present state of our relations more certa,iuly secure for themselves the value of their possessions~ with the Indian tribes on our territory, the measures taken to ad­ and at the same time promote their progress in civilization and pros­ vance their civilization and prosperity, and the progress already perity, than by endeavoring to perpetuate the present state of things achieved by them, will be found of more than ordinary interest. The in the Territory. general conduct of our Indian population has been so satisfactory The question whether a change in the control of the Indian service that the occurrence of two disturbances, which resulted in bloodshed should be made, was in the Forty-fifth Congress referred to a joint and destruction of property, is all the more to be lamented. committee of both Houses for inquiry and report. In. my last annual The history of the outbreak on the White River Ute reservation in message I expressed the hope that the decision of that question, then ' Western Colorado has become so familiar by elaborate reports in the in prospect," would arrest further agitation of this subjeM; such public press that its remarkable incidents need not be stated here in agitation being a,pt to produce a disturbing effect upon the service, detail. It is expected that the settlement of this difficulty will lead as well as the Indians themselves." Since then, the committee having to such arrangements as will prevent further hostile contact between reported, the question has been decided in the negative by a vote in the Indians and the border settlewents in Western Colorado. the Honse of Representatives. The other disturbance occurred at the Mescalero agency in New For the reasons here stated, and in view of the fact that further Mexico, where Victoria, the head of a small band of marauders, after uncertainty on this point will be calculated to obstruct other much committing many atrocities, being vigorously chased by a. military needed legislation, to weaken the discipline of the service, and to un­ force, made his way across the Mexican border and is now on foreign settle salutary measures now in progress for the government and soil. improvement of the Indiains, I respectfully recommend that the de­ While these occurrences, in which a comparatively small number cision arrived at by Congress at its last session be permitted to stanQ.. of Indians were engaged, are most deplorable, a vast majority of our The efforts made by tb.e Department of the Interior to aITest the Indian population have fully justified the expectations of those who depredations on the timber lands of the United States have been con­ believe that by humane and peaceful influences the Indian can be led tinued, and have met with considerable success. A large number

It is to the abundance of agricultural production as compared with our ing their interests, and a"8 the territory of this District is f,he common home consumption and the largely increased and highly profitable property of the people of the United States, who, equally with its market abroad which we have enjoyed in recent years that we are resident citizens, are interested in the prosperity of their capital, I mainly indebted for our present prosperity as a peovle. We must look cannot doubt that you will be amply sustained by the general voice for its continued maintenance to the same substantial resource. There of the country in any measures you may adopt for this purpose. is no branch of industry in which l~bor1 directed ~y scie!ltific kn?wl­ I also invite the favorable consideration of Congress to the wants edge yields such increa"8ed product10n rn companson with unskilled of the public schools of this District, as exhibited in the report of the labo;, and no branch of the public service to which the encouragement commissioners. While the number of pupils is rapidly incre::i..sing, no of liberai appropriations can be more appropriately extended. The adequate provision exists for n. corresponding increa.Se of school ac­ omission to render such aid is not a wise economy; but, on the contrary, commodation, and the commissioners are witbout the means to meet undoubtedly results in losses of jmmense sums annually that might this urgent need. A number of the buildings now used for school be saved through well-directed efforts by the Government topromote purposes are rented, and are, in important particulars, unsuited for this vital interest. the purpose. The cause of popular education in the District of Co­ The results already accomplished with the very limited means here­ lumbia is surely entitled to the same consideration at the hands of tofore placed at the command of the Department of Agriculture is an the National Government as in the several Sta.tea and Territories, to earnest of what may be expected with increased appropriations for which munificent grants of the public lands have been made for the the several purposes indicated in the report of the Commissioner wjth endowment of schools and universities. a view tO placing the DeJ,>artment u~on a footin~ w~i<:h will ~nable RUTHERFORD B. HA.YES. it to prosecute more effectively the obJects for which it lB established. EXECUTIVE :MANSION, December 1, 1879. Appropriations are ne.eded f~r ~.more comp~e~e_laboratory, for the The VICE-PRESIDENT. The message, with the accompanying establishment of a vetermary d1 vis10n, and a d1 vi81on of forestry, and documents, will lie on the table and be printed. for an increase of force. The requirements for these and other purposes, indicated in the FINANCIAL REPORT. report of the Commissioner under the head of the immediate necessi­ The VICE-PRESIDENT laid before the Senate the annual report ties of the Department, will not involve any expenditure of money of the Secretary of the Treasury on the state of the finances for the that the country cannot with propriety now undertake in the interests year 1879 ; which was ordered to lie on the table and be printed. of agriculture. DEATH OF SENATOR CHANDLER. It is gratifying to learn from the Bureau of Education the extent Mr. FERRY. Mr. President, the sorrowful duty devolves on me of to which educational privileges throughout the United States have announcing to the Senate of the United States the recent and sud­ been advanced daring the year. No more fundamental responsibility den death of my late collea,gue, ZACHARIAH CHANDLER of Michigan, rests upon Congress than that of devising appropriate measures of which occ:rrred in the city ·of on the 1st day of November financial aid to education, supplemental to local action in the States just passed. and Territories, and in the District of Colombia. The wise fore­ In making this announcement, it is not my purpose now to speak thought of t.he founders of our Government has not only furnished of the character and service~ of one so long and so notably a member the basis for the support of the common-school systems of the newer of this body; but at some suitable time I will invite the Senate to States, but la.id the foundations for the maintenance of their univer­ express, by resolution and by enlogy, its sense of the irreparable loss sities and colleges of agriculture and the mechanic arts. Measures the nation sustains in the death of so distinguished a citizen. in accordance with this tmditional policy for the further benefit of Mr. President, as a mark of rC$pect for the memory of a Sena.tor all these interests, and the extension of the same advantages to every present at onr last adjournment but absent now forevermore, I move portion of the country, it is hoped, will receive your favorable con­ that the Senate do now adjourn. sideration. The motion was agreed to; and (at three o'clock and ten minutes To preserve and perpetuate the national literature shonld be among p. m.) the Senate adjourned. the foremost cares of the national legislature. The librMy gathered at the Capitol still remains unprovided with any suitable accommo­ dations for its rapidly increasing stores. The magnitude and im­ portance of the collection, increased a"8 it is by the deposits made HOUSE OF REPRESENTATIVES. under the law of copyright, by domestic and foreign exchanges, and by the scientific library of the Smithsonian Institution, call for build­ l\IoND.A.Y, December 1, 1879. ing accommodations which shall be at once adequate :md fire-proof. The location of such a public building, which should provide for the This being the day desi~nated by the Constitution, the members of pressing necessities of the present, and for the vast increase of the the House of Representatives of the Forty-sixth Congress assembled nation's books in the future, is a matter which addresses itself to the in their Hall for their secon

VERMONT. . Charles H. Joyce. Bradley Barlow. William Aldrich. James W. Singleton. James M. Tyler. George R. Davis. William M. Springer. MASSACHUSETTS. Hiram Barber. Adlai E. Stevenson. John C. Sherwin. Joseph G. Cannon. Benjamin W. Harris. William A. Russell. R-0bert M. A. Hawk. Albert P. Forsythe. Walbridge A. Field. William Claflin. Thomas J. Henderson. William A. J. Sparks. Selwyn Z. Bowman. Amasa Norcross. Philip C. Hayes. William R. Morrison. George B. Loring. George TI. Robinson. Greenbury L. Fort. . "John R. Thomas. RHODE ISLAND. Benjamin F. Marsh. Richard W. Townshend. :Nelson W. Aldrich. Latimer W. Ballou. MISSOURI. CONNECTICUT. Martin L. Clardy. Alfred M. Lay. , Joseph R. Hawley. John T. Wait. Erastus Wells. Samuel L. Sawyer. James Phelps. Frederick Miles. R. Graham Frost. Gideon F. Rotliwell. Lowndes H. Davis. John B. Clark, jr. NEW YORK. William H. Hatch. James W. Covert, John M. Bailey. ¥!::~t~;~&. Aylett H. Buckner. Daniel O'Reilly. Walter A. Wood.· ARKANSAS. Simeon B. Chittenden. John Hammond. Archibald M. Bliss. John H. Starin. Poindexter Dunn. Jordan E. Cravens. Nicholas Muller. Warner Miller. William F. Slemons. Thomas M. Gunter. Samuel S. Cox. :MICfilGAN. Edwin Einstein. i~:BrhJl:g~k:. Edwin Willits. Mark S. Brewer. Elbrid~e G. Lapham. Anson G. McCook. Jonas H. McGowan. 0 . Fernando Wood. Jeremiah W. Dwight. Julius C. Burrows. ~~eR-~. ¥/o~. James O'Brien. John Van Voorhis. John W. Stone. Jay Hubbell. Levi P. Morton. Richard Crowley. A. John H. Ketcham. Henry Van Aernam. FLORIDA. John W. Ferilon. Noble A. Hull. NEW JERSEY. TEXAS. Hezekiah B. Smith. Charles H. Voorhis. John H. Reagan. Roger Q. Mills. Miles Ross. Lewis A. Brigham. Olin Wellborn. Columbus Upson. PENNSYLVANIA. IOWA. John I. Mitchell. Moses A. McCoid. James B. Weaver. g::::le1'16'~~~- Alexander H. Coffroth. . William F. Sapp. Sa.muel J. Randall. Frank E. Beltzhoover. . Cyrus C. Carpenter. .William D. Kelley. Seth H. Yocum . Nathaniel C. :Deering. Alfred C. Harmer. Morgan R. Wise. William Ward. Russell Errett. WISCONSIN. Hiester Clymer. Thomas M . .Bayne. Charles G. Williams. Peter V. Denster. Reuben K. Bachman. William S. Shallenberger. Lucien ;B. Caswell. Robert Klotz. Harry White. :MINNESOTA. John W. Ryon. ·Samuel B. Dick. John W. Killinger. J.H.Osmer. Mark H. Dunnell. William D. Washburn. :F;dward Overton, jr. Henry Poehler. MA.RYLAND. OREGON. J. Fred. C. Talbott. Eli J. Henkle. John Whiteaker. William Kimmet Milton G. Urner. KANSAS. R@bert M. McLane. John A. Anderson. Thomas Ryan. VIRGINIA. Dndley C. Haskell. R. L. T . .Beale. John Randolph Tucker. WEST VIRGINIA. John Goode. John T. Harris. Benjamin Wilson. John E. Kenna. Joseph E. Johnston, Eppa Hunton. Benjamin F. Martin. George C. Cabell. James B. Richmond. NEVADA. NORTH CAROLINA. RolJin M. Daggett. Joseph J. Martin. Robert F. Armfield. Walter L. Steele. Robert B. Vance. NEB~SKA. . Edward K. Valentine. George D. Tillman. NEW MEXICO. GEORGIA. Mariano S. Otero. Philip Cook. William H. Felton. UTAH. Henry Persons. Alexander H. Stephens. George Q. Cannon. James H. Blount. Emory Speer. WASHINGTON. ALA.BA.MA. Thomas H. "Brents. Thomas H. Herndon. Thomas Willia.ms. ARIZONA. Hilary A. Herbert. William H. Forney. William J. Samford. William M. Lowe. John G. Campbell. Charles M. Shelley. IDAHO. :MISSISSIPPL George Ainslie. Henry L. Muldrow. Charles E. Hooker. . Van H. Manning. James R. Chalmers. Martin Maginnis. H.D. Money. LOUISIANA: WYOMING. E. John Ellis. Joseph B. Elam. S. W. Downey. Joseph H. Acklen. Edward W. Robertson. The SPEAKER. The roll-call shows that two hundred and thirty,. omo. two members have answered to their names and that a quorum is Benjamin Butterworth. . A. J. Warner. present. Thomas L. Young. Gibson Atherton. J. Warren Keifer. George W. Geddes. MESSAGE FRO:\I THE SENATE. Benjamin Le Fevre. William McKinley, jr. A message from the Senate, by Mr. BURCH, its Secretary, informed William D. Hill. James Monroe. • the House that a quorum of that body had assembled and was ready Frank H. Hurd. Jonathan T. Updegraff. Ebenezer B. Finley. James A. Garfield. to proceed to business. · Henry S. Neal. Amos Townsend. It further announced the passas:e of a resolution providing for the KENTUCKY. appointment of a committee on its part, to join such committee as Oscar Turner. Joseph C. S. Blackburn. may be appointed on the part of the House, to wait upon the Presi­ James A. McKenzie. Philip B. Thompson, jr. dent and inform him that a quorum of each Honse had a.asembled, John W. Caldwell. Thomas Turner. and that Congress was ready to receive any communication he may J. Proctor Knott. Elijah C. Phister. Albert S. Willis. be pleaaed to make, and that Mr. BAYARD and Mr. ANTHONY had TENNESSEE. been appointed as such committee on its part. Robert L. Taylor. John M. Bright. MEMBERS-ELECT. 4 Leonidas C. Honk. John F. House. The SPEAKER. Before proceeding to any further business the George G. Dibrell. JohnD. C. Atkins. Benton McMillin. Charles B. Simonton. Chair presents from"the Clerk the following communication. INDIANA. The Clerk read as follows : William Heilinan. Abram J. Hostetler. CLERK'S OFFICE, HOUSR OF REPRESENTATIVES U. S., Thomas R. Cobb. Godlove S. Orth. Washington, D. 0., December 1, 1879. George A. Bicknell. William H. Calkins. Sm: I have the honor to hand yon herewith credentials of Representatives-elect J epth:i. D. New. Calvin Cowgill. to the Forty-sixth Congress, received by me since the adjournment of the last sea: Thomas M . .Browne. Walpole G. Colerick. sion, as follows : • William R. Myers. John H. Baker. Certificate of the election of Hon. Horace Davis as a Representative from the Gilbert De La M;atyr. first congressional district of California.. 10 CONGRESSIONAL RECORD-HOUSE. DECEMBER 1,

Certificate of the election of Hon. H. F. Page as a Representative from the sec­ se!f :;~S~te~i6{~~~ hereunto set my hand and cause to be affixed the great ond congressional district of California. Certificate of the election of Hon. Campbell P. Berry as a Representative from Done at Des Moines this 17th day of November, in the year of our Lord one the third congressional district of California. thousand eight hundred and seventy-nine, of the Independence of the United Certificate of the election of Hon. as a Representative from States the one hundred and fourth, and of this State the thirty-third. the fourth conjn'essional district of California. . [SEAL.] JOHN H. GEA.R. Certificate of the election of Hon. William G. Thompson as a Representative By the G-Overnor: from the fifth congressional disttj.ct of Iowa, to fill va<:ancy caused by the death ;J, A. HILL, of Hon. . Secretary of State. Very respectfully, GEO. M . .A.DAMS, Okrk. Mr. STEPHENS. I move that the members-elect whose credentials Hon. SAMUEL J. RAND.A.LL, have just been presented to the Honse, be sworn in. Speaker of the House of Represent,at;ives. Mr. FERNANDO WOOD. Mr. Speaker, I hold in my hand the The SPEAKER. The credentials of the member-elect from the first certificate of election of Waldo Hutchins, elected on the 4th of No­ district of California will.be read by the Clerk. vember last to represent the twelfth district of the State of New The Clerk read as follows : York, and to .fill the vacancy occasioned by the death of Alexander ST.A.TE OF CALIFORNIA, Smith, who died immediately after his election in 1878. I ask this Eucutive Department. certificate be read, and that Mr. Hutchins be sworn in as a member. To all to whom these presents shall come, greeting: It may be well for me to state here, Mr. Speaker, that the State Whereas the secretary of state has certified t.o me that at the general election canvassers in my State will not meet until the 12th of Decem ber held in this State on the 3d day of September, 1879, Horace Davis received the 1 highest number of votes cast in the first con~ssional district for Representative and if the technical demand and usage of the House be compliea. to the Forty-sixth Congress of the United States: with, Mr. Hutchins cannot take his seat until that time. But as the Now, therefore, I, William Irwin, governor of the State of California, do certify certificate of the district or county canvassers shows him to have been that at the said election Horace Davis was duly elected for the ti.rat congressional district a Representative t.o the Forty-sixth Congress of the United States from the elected by thirty-five hundred majority, and as there is no question State of California. in the ease whatever, I see no good reason why Mr. Hutchins should In witness whereof I have hereunto set my hand and en.used the great seal of be deprived of his seat from now until the 12th of this month ; and the State to be affixed this the 10th day of November, 1879. therefore I ask the certificate be read by the Clerk, and that Mr. (SEAL.] WILLIAM IRWIN, Governor. Hutchins be sworn in with the other new members. By the governor : Mr. GARFIELD. I desire to ask a question for information. If I THOMAS BECK, understand the statement made by the gentleman from New York, Secretary of State. there is no certificate of election in this case, by the governor; is there f The SP.EAKER. The remaining credentials of the members-elect Mr. FERNANDO WOOD. There is not. As I stated, the State from the State of California will not be read unless desired, but will canvassers have not yet met. be spread upon the RECORD and the Journal. Mr. GARFIELD. Do I undorstand the gentleman as stating that There was no objection, and it was ordered accordingly. there is no contest f The remaining certificates are a-s follows: Mr. FERNANDO WOOD. There is no contest; there is no notice ST.A.TE OF CALIFORNIA, of any contest. Ezecutive Department. Mr. GARFIELD. W 38 there ruiy opposing candidate at all t To all to whom these presents shall come, ~eeting: Whereas the secretary of state has certified to me that at the general election Mr. FERNANDO WOOD. Yes, sir. held in this State on the 3d day of September, 1879, H. F. Page received the high· Mr. GARFIELD. I would not be willing, for one, to allow it to be est number of votes cast in the second congressional district for Representative to drawn into a precedent that we should have any one sworn in With­ the Forty.sixth Congress of the United States: out the presentation of a certificate. But if gentlemen around me Now, t'herefore, I, William Irwin, governor of the State of California, do certify that at the said election H.F. Page was duly elected for the second congressional are satisfied there is no contest, and no question about the election of district a Representative to the Forty-sixth Congress of the United States from Mr. Hutchins, I suppose there will be no objection to the course pro­ the State of California. posed by the gentleman from New York; but it would certainly be In witness whereof I have hereunto set my hand and caused the great seal of unwise to establish as a precedent that a man should be sworn in who the State to be affixed this the 10th day of November, A. D. 1879. · (SEAL.j WILLIAM IRWIN, brings no regular certificate. Governor. Mr. FERNANDO WOOD. If there was any question in the ease By the governor: whatever, or any doubt about it, I would not present Mr. Hutchins THOMAS BECK, to be sworn in. Secretary of State. Mr. LAPHAM. I desire to say a word. I suppose this can only be ST.A.TE OF CALIFORNIA, done, if done at all, by unanimous coruent, and that cannot create a .Eucutive Department. precedent. I have no doubt of the foots stated by the gentleman Whereas the secretary of state has certified t.o me that at a general election held from New York in regard to the election of Mr. Hutchins, and that in this State on the 3d day of September, A. D. 1879, C. P. Berry received in the he is entitled to take his seat here. I see no objection to his being third congressional district the highest number of votes cast for and was duly elected as a Representative to the Forty-sixth Congress of the United St.'l.tes from sworn in at this time. the State of California : The SPEAKER. The Chair would suggest that that portion of the Now, therefore, I, William Irwin, governor, do hereby certify that C. P. Berry paper presented by the gentleman from New York which has refer­ in was on said 3d day of September, A. D. 18791 the third congressional district, State ence to the election of Mr. Hutchins be read so that it may make a of California, duly elected a Representative to the Forty·sixth Congress of the United States. part of the record. .· In testimony whereof I, William Irwin, governor of the St.ate of California., have Mr. GARFIELD. The giving ~f the consent asked can be sus­ hereunto set my hand and caused the great seal of the St.ate to be affixed this the pended until the paper is read. 10th day of November, 1879. The Clerk read as follows: (SEAL.] WILLIAM IRWIN, Governor. The whole number of votes given for the office of Representative in Congress, By the governor: twelfth congressional district, for the unexpired term of Alexander Smith, de­ THOMAS BECK, ceased, was 23,867, of which Waldo Hutchins received 13,543; Nicholas Smith re· Secretary of State. ceived 10,146; scattering, 19. Mr. CONGER. What authority certifies to that state of facts T ST.A.TE OF CALIFORNIA, Executive Department. The SPEAKER. The certificate will be read. To all to whom these presents shall come, ~ting: The Clerk read as follows : Whereas the secretary of state has certified to me that at the general election ST.A.TE OF NEW YORK, held in this State on the 3d day of September, 1879, Romnaldo Paclieco received the highest number of votes cast in the fourth congressional district for Representative Westchesrer Oounty

House of Representatives has appeared, and tha.t the House is ready to proceed to By Mr. COX: The petition of James Belger, major United States business. Army, for the correction of certain errors in an act of Congress re­ Mr. ATKINS submitted thefollowing resolution; which was read, storing him to his rank in the Army-to the Committee on Military considered, and agreed to : Affairs. · .Resolved That a committee of three be appointed on the part of the House, to Also, the petition of Martin F. Conway, for compensation and mile­ join such ~mmittee as may be a'[>pointed on the part of the Senate, to wait upon age as a member of the Thirty-sixth Congress-to the Committee of the President of the United Stares and inform him that a quorum of the two Houses has assembled, and that Congress is ready to receive any communication Elections. he may be pleased to make. Also, the petition of E. B. Fellows, esq., of NeW'York, and Wothers, The SPEAKER appointed 2B members of the committee on the part citizens of the United States, for ·the improvement of the Harlem of the House, Mr. ATKINS of Tennessee, Mr. BICKNELL of Indiana, River-to the Committee on Commerce. and Mr. GARFIELD of Ohio. By Mr. DEUSTER: The petition of Herman J. Shulteis, late first lieuteW1.nt and regimental commissary of subsistence of the First PRIVILEGE OF THE FLOOR. Regiment Wisconsin Cavalry, for a pension-to the Committee on In­ The SPEAKER. The Chair o..sks unanimous consent of the Honse v.iilid Pensions. that he may have the privilege of inviting on the floor, during their By Mr. HOUK: The petition of Cynthia Spradlin', for. the correction brief stay in this city, two members of the British Parliament, Mr. of the military record of Jacob M. Spradlin, late private CompanyG, Albert Pell and Mr. C. S. Read. Sixth Tennessee Infantry-to the Committee on Military Affairs. There wa.s no objection. Also, the petition of the trustees, officers, and members of Straw­ RECESS. berry Plains (Tennessee) Presbyterian church, for compensation for Mr. ATKINS. I move that the House take a recessforthirtymin­ their church building destroyed by the United States Army-to the utes. Committee on War Claims. The motion was agreed to ; and accordingly (at twel~e o'cl?ck and By Mr. HOUSE : Papers relating to the claim of Frederick Smith forty-five minutes p. m.) the House took a recess for thll'ty mmutes. for $300, 3Jleged to have been erroneously collected from him by the The recess having expired, the House resumed its session. Government-to the Committee of Claims.. Mr. BLOUNT. I move that the House take a. further recess for Also, papers relating to the claim of Thomas Ch™1well, administra­ thirty minutes in order to give time to the committee to report. tor of the estate of E. H. Childress, deceased, for compensation for rent The motion was agreed to ; and the House accordingly took a fur­ of property by the United States Quartermaster's Department, under ther recess for thirty minutes. contract-to the Committee on War Claims. The recess having expired, the House resumed its session. By Mr. JAMES: Papers relating to the claim of Augustus Bockes for the refunding of taxes paid on salary as a State officer-to the MESSAGE FROM THE PRESIDENT. Committee of Ways and Means. Mr. ATKINS. Mr. Speaker, the joint committee appointed to wait By Mr. KETCHAM: The petition of Lawson N. Fuller, esq., and upon the President and. ~orm him that the two Houses are rea~y other citizens of the United States, for the improvement of Harlem to receive any commnmcat1on he may be pleased to make have dis­ Riyer-to the Committee on Commerce. charged that duty, and he desires us to say to the two Houses that By Mr. McCOOK: The petition of Nicholas H. Brigham, esq., and he will send a communication to them immediately. others of New York City, and 79 others, citizens of the United States, Mr. RODGERS, Private Secretary of the President, having been an­ for the improvement of Harlem River-to the same committee. nounced at the bar, said : _By Mr. McLANE: The petition of R. M. McLane, for the passage Mr. Speaker, I am directed by the President of the Unified States of an act of Congress for the prevention of the adulteration of food, to deliver to the House of Representatives a message in writing. and especially of the article of coffee-to the same committee. The SPEAKER. The Clerk will read the message just received By Mr. MULLER : The petition of John M. Glover (accompanied from the President of the United States. by draft of resolution) that the investigations ordered by Rules 85 The Clerk read the annual message. and 103 of the House may be promptly and vigorously pressed, and [It will be found in the proceedings of, the Senate.] that all needful authority and facilities be given the committees Mr. FERNANDO WOOD. I submit the resolution which I send charged by said rules with said duties-to the Committee on Appro­ to the Clerk's desk. priations. The resolution was read, as follows : By ;Mr. NEAL: The petition of Alfred F. Cumpston, late captain .Resolved, That the annual message of the President and the accompanying doc· Company K, Fifth Regiment West Virginia Volunteers,for a pensioi;i­ uments be referred to the Committee of the Whole and be printed. to the Committee on Invalid Pensions. Mr. FERNANDO WOOD. This resolution which I have offered By Mr. O'NEILL: Papers relating to the claim of Passed Assistant implies that the message shall be printed in pamphlet form for the Paymaster Joseph T. Addicks, United States Navy, for relief from use of the House. I suppose there will be no objection to that. accounting for $975, stolen from the United States steamer Ashuelot The SPEAKER. The resolution just read is the ordinary resolu­ by desezters-to the Committee on Nava.I Affairs. tion to print the usual number of copies. If additional copies are desired the printing must be provided for by a formal resolution, which, under the law, would go to the Committee on Printing. Mr. FERNANDO WOOD. Where the printing is in excess of the usual number, then, I understand, it is a matter for the Committee · IN SENATE. on Printing. My resolution simply provides that the message and documents be referred and printed; by that I mean printed in pam­ TUESDAY, December 2, 1879. phlet form. LA FAYETTE GROVER, a Senator from the State of Oregon, and The SPEAKER. The effect of the resolution, if adopted, will be ROBERT E. WITHERS, a Senator from the State of Vil'ginia, appeared to provide for the printing of the usual number of copies. in their se:i.ts to-day. The resolution was adopted. Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. Mr. SPRINGER. I move that the Hoose now adjourn. The Journal of yesterday's proceedings was read and approved. LEA VE OF ABSESCE. DEPARTMENT OF JUSTICE. Pending the motion to adjourn, leave of absence was gr.anted, by The VICE-PRESIDENT laid before the Senate a letter of the unanimous consent, as follows : Attorney-General, transmitting the annual report of the Department To Mr. CONVERSE, for three days, on account of important busi­ of Justice for the year 1879; whlch was ordered to lie on the table ness; and be printed. To Mr. SMITH, of Georgia, for fifteen days, on account of important PETITIONS AND MEMORIALS. business; To Mr. HAMMOND, of Georgia, for thirty days, on account of sick­ The VICE-PRESIDENT presented a resolution of the Legislature ness; and of the State of New Hampshire relative to closing up the Centennial To Mr. KING, until the 8th instant. Exhibition; which was ordered to lie on the table and be printed, The motion to adjourn was then a.greed to; and accordingly (at to be referred to the Committee on Finance, when appointed. three o'clock and twenty-five minutes.p. m.) the Honse adjourned. Mr. CARPENTER presented the petition of Mary Josephine West, widow of William C. West, deceased, late a commander in the United States Navy, praying to be allowed a pension; which was ordered to PETITIONS, ETC. lie on the table, to be referred to the Committee on Pensions, when The following petitions, &c., were presented at ·the Clerk's desk, appointed. under the rule, and referred as stated : He also presented certain papers in the case of Thornton Smith, By the SPEAKER: The petition of Abner Smead, M. D., of Baker praying to be allowed a pension; which were ordered to lie on the City, Oregon, for the removal of his political disabilities-to the Com­ table, to be referred to the Committee on Pensions, when appointed. mittee on the Judiciary. He a.lso presented the petition of Robert C. Murphy, late colonel of By Mr. CHITTENDEN: The petition of business men of New York the Eighth Regiment of Wisconsin Infantry Volunteers, praying that City and Brooklyn, New York, for reduction of postage on business he may be honorably discharged from the service by the Secretaryof circulars to the present newspaper rates of two cents per pound, when War a.a of even date with the order of President Lincoln, October 24, delivered at the post-office in packages of five pounds or more-to the 1863, revoking his order of dismissal without trial on the recommenda­ Committee on the Post-Office and Post-Roads. tion of Generals Halleck and Gr3.nt on the 16th of January, 1863;