t880. CONGRESSIONAL RECORD-SENATE. 1539

· By Mr. GEDDES: The petition of John Y. Gle~er, editor and By Mr. UPSON : The petition of Samuel Wallick, post-trader in publisher of the Shield and Banner, Mansfield, Ohio, of similar im­ the Army of the United States, for the amendment of the law relat­ port-to the same committee. ing to post-traders so that it may afford the soldier the privilege of By Mr. HAWK: The petitions of A. Shumway, Lenark ; of R. C. credits and secure the post-trader payment therefor-to the Commit­ Shultz Forreston ; of Hartrig & Butterfield, Rochelle ; of Bickford tee on Military Affairs. _ & Wh~eler, Rock Falls; of Keefer & Hendricks, Sterling ; of H. C. By Mr. WEAVER: Resolutions of the Legislature of Iowa, con­ Robbins, Creston; of Caldwell & McGregor and others; of William cerning meandered lakes of that State-ti<>the Committee on the Pub­ Lyons and others, of Wyoming; of David G. Plummery and others, ~ L~~ . of Bradford and Toulon, Illinois, druggists, for the removal of the By Mr. WELLS: The petition of distillers, rectifiers, and whole­ stamp-tax on perfumery, cosmetics, and proprietary medicines-to the sale liquor dealers of Saint Louis, Missouri, for the passage of Honse same committee. bill No. 4812 without amendment-to the Committee on Ways and Also, the petition of _o. J. Smith, of the Express, Chicago, Illinois, Means. for the abolition of the duty on type-to the same committee. By Mr. WHITTHORNE: The petition of Mrs. JuliaM. Hudson, for By Mr. HENRY: The petition of citizens of Wicomico Col;lllty, Mary­ increase and arrears of pension-to the Committee on Invalid Pen­ land for the exemption from tax for distillation of all brandy manu­ sions. fact~ed from apples and peaches grown by the distillers thereof and By Mr. WILLITS: The petition of C. H. Manley and 60 others, not purchased by them, the exemption not to exceed three hundred citizens of Ann Arbor, Michigan, for the passage of the bill (H. R. gallons-to the same committee. No. 4147) to grant additional pensions to those who have lost an arm By Mr. HOSTETLER: The petition of John Vailles and 73 others, or leg in the service of the United States-to the same committee. citizens of Lawrence County, Indiana, that he be granted arrears of By Mr. WRIGHT: The petition of John F. Rowla.ndandOI others, pension-to the Committee on Invalid Pensions. citizens of Garden City, Kansas, for the passage of the bill (H. R. By Mr. LOWE: The petition of 0. J. Smith, editor and publisher No. 269) known aa the Wright supplement to the homestead act-to of the Chicago (Illinois) Express, for the abolition of the duty on the Committee on the Public Lands. type-to the Committee on Ways and Means. · By Mr. McKENZIE : Resolution of the Kentucky Legislature, ap­ proving the address of the Mississippi Valleycoqtmission-to the Com­ mittee on Commerce. By Mr. MONROE: The petition of Messrs. Ryan, Johnson & Co., IN SENATE. for an appropriation for widening and deepening the channel through the bar at the month of the Saginaw River-to the same committee. MONDAY, J[arch 15, 1880. By Mr. MORSE : Memorial of Nathaniel McKay, denying the charges of improper influences attempted by him to be brought upon Hon. Prayer by Rev. DOUGLAS F. FORREST, D. D., of Washington, D. C. W. D. KELLEY, and asking for an investigation of the same-to the The Journal of the proceedings of Friday lasfl was read and ap­ Committee on Ways and Means. proved. By Mr. MYERS: The petition of 0. J. Smith, of the Chicago Ex-. EXECUTIVE COMMUNICATIONS. press, for the abolition of the duty on type-to the same committee. The VICE-PRESIDENT laid before the Senate a communication Also, the petition of P. B. Reidenback and 23 others, for the passage from the Secretary of War, transmitting a letter from the Chief of of the Weaver soldier bill-to the Committee on Military Affairs. Engineers covering copies of reports from Captain C. B. Phillips, By Mr. NEW: Two petitions of citizens of Indiana, for the adjust­ Corps of Engineers, upon examination and surveys made in com­ ment and payment of the Morgan raid claims-to the Committee on pliance with the requirements of the river and harbor act of March 3, War Claims. 1879, of Pamunkey and Archer's Hope Rivers, Virginia; of Lockwood's Also, the petition of citizens of Indiana, for the passage of the Rea­ Folly and Waccamaw Rivers, North Carolina; and of the Pee Dee gan interstate-commerce bill-to the Committee on Commerce. River, South Carolina; which was referred to the Committee on Com­ B"'y Mr. NEWBERRY: The petition of citizens of Wayne County, merce, and ordered to be printed. Michigan, that the patent laws be so amended as to make the mann­ He also laid before the Senate a communication from the Secretary factm:er or vendor of patented articles alone responsible for infringe­ of War, trans:qtltting a letter from the Chief of Engineers and an ac­ meri t-to the Committee on Patents. companying copy of a report of Captain A. N. Damrell, Corps of En­ Also, the petition of citizens of Wayne County, Michigan, that Con­ gineers, upon a survey of Mobile Harbor, Alabama, made in com­ gress enact such laws as will alleviate the oppressions imposed upon pliance with the provisions of the river and harbor act of June 18, the people by the transportation monopolies that now control the 1878; which was referred to the Committee on Commerce, and ordered interstate commerce of the country-to the Committee on Commerce. to be printed. By Mr. OSMER: The petition of W. H. Longwell, editor of the Oil He also laid before the Senate a communication frt>m the Secretary City (Pennsylvania) Derrick, for the abolition of the duty on type­ of War, transmitting a letter of the Chief of Engineers covering copies to the Committee on Ways and Means. of reports of Captain A. N. Damrell, Corps of Engineers, upon exam­ By Mr. POEHLER: The petition of P.H. McDermid and 125 others, inations made in compliance with the requirements of the river and citizens of Nicollet County, Minnesota, that the patent laws be so harbor act of March 3, 1879, of Noxubee River, Mississippi, of Choc­ amended as to make the manufacturer or vendor of patented articles tawhatchee River, Alabama, from Geneva to Newton and Pea River, alone respo~ible for infringement-to the Committee on Patents. Alabama, from Geneva to Elba, and of Withlacoochee River, Florida; Also, the petition of William G. Gresham and 12.'i others, citizens which was referred to the Committee on Commerce, and ordered to be of the same county and State, that Congress enact such laws as will printed. alleviate the oppressions imposed upon the people by the transporta­ He also laid before the Senate a comm~cation from the Secretary tion monopolies that now control the interstate commerce of the of the Interior, transmitting, incompliance wiih a resolution of the country-to the Committee on Commerce. 3rd ultimo, copy of a report of the Acting Commissioner of the Gen­ By Mr. PRICE : The petition of citizens of Shelby County, Iowa, eral Land Office on the subject of changes in the original line of the for the repeal of the stamp-tax on cosmetics, perfumery, and propri­ Northern Pacific Railroad; which was referrefl to the Committee on etary medicines-to the Committee on Ways and Means. Public Lands, and ordered to be printed. By Mr. RICHMOND: The petition of James C. Lnirkey, sr., and 32 others, citizens of Scott County, Virginia, that the patent laws be so REPORT ON FISH AND FISHERIES. amended aa-to make the manufacturer or vendor of patented articles The VICE-PRESIDENT laid before the Senate the annual report alone responsible for infringement-to the Committee on Patents. of Spencer F. Baird, United States Commissioner of Fish and Fisheries, Also, the p~tition of the same parties, that Congress enact such laws 1879; which was ordered to lie on the table, and be printed. as will alleviate the oppressions imposed upon the people by the trans­ Mr. ANTHONY submitted the following concurrent resolution ; portation monopolies that now control the interstate commerce of the which was referred to the Committee on Printing: country-to the Committee on Commerce. · :Resolved 1Jy the Senat.e (the House of Representatives concurring,) That there be By Mr. SAWYER: The petition of the Western Wholesale Drog­ printed 10,000 extra copies of the report of the Commissioner of Fish and Fish­ gIBts' Association, for the removal of the stamp-tax on perfumery, eries for the year 1879, of which 2,000 shall be for the use of the Senate, 4,000 for the use of the House of Representatives, and 1,500 copies for the use of the Com­ cosmetics, and proprietary medicines-to the Committee on Ways missioner of Fish and Fisheries, the illustrations to be made by the Public Printer and Means. under the direction of the Joint Committee on Public Printing, and 2,500 for sale By Mr. STEVENSON: The petition of 0. J. Smith, editor of the by the Public Printer, under such regulations as the Joint Committee on Printing Chicago Express, for the abolition of the duty on type-t.o the same may prescribe, at a price ~qual to the additional cost of publication and 10 per committee. cent. thereto thereon added. Bl .Mr. P. B. THOMPSON,· JR.: The petition of Willis Lucus, of MESSAGE FROM THE HOUSE. Casey' County, Kentucky, for a pension-to the Committee on Invalid A message from the Honse of Representatives, by Mr. GEORGE M• . Pensions. ADA.Ms, its Clerk, announced that the House had passed a bill (H. R. Also, the petition of citizens of Mercer County, Kentucky, for leg­ No. 5089) directing the issue of a duplicate ·check to Elizabeth D. islation similar to the Reagan in~rstate-commerce bill-to the Com­ Thomas, a pensioner of the United States; in which it requested the mittee on Commerce. concurrence of the Senate. By Mr. AMOS TOWNSEND: The petition of citizens of Cleveland, The message alao announced that the House had passed the bill (S. Ohlb, for the removal of a bar at the month of Saginaw River, Mich­ No. 605) to authorize the Secretary of the Interior to deposit certain igan:.:.... to the same committee. funds in the United States Treasury in lien of investment. 1540 CONGRESSIONAL RECORD-SENATE. MARCH 15,

ENROLLED BILL SIGNED. Mr. WILLIAMS presented the petition of the Kentucky Press As­ The message further announced that the Speaker of the House had sociation, praying that the duty be removed from all articles enter­ signed the enrolled bill (H. R. No. 3258) authorizing the Secretary of ing into the manufacture of printing-paper; which was referred to the Inrerior and Secretary of War to employ additional clerks for the the Committee on Finance. balance of this fiscal year to expedite the settlement of pension ap­ Mr. BECK. I was about to ask that the memorial presented by my plications, and for other _purposes; and it wa..s thereupon signed by colleague be read, but will present one perhaps of the same general the Vice-President. character. I present the memorial of the Kentucky Press Associa­ tion, officially signed by J. Stoddard Johnston, president, and by a PETITIONS AND MEMORIALS. committee thereof, praying that all duties be removed from such arti­ The VICE-PRESIDENT presented a communication from the Sec­ cles a.a enter into the manufacture of printing-paper, for the reasons retary of War, transmitting a petition of Colonel W. Merritt and stated in the petition. I move its reference to the Committee on other officers of the Fifth United States Cavalry, relative to the res­ Finance. toration to the Army of First-Lieutenants Harlow L. Street and John The motion was agreed to. W. Chickering, and Captain Edward Byrne, late of the First, Sixth, Mr. BECK. I present a petition of residents of the District of Co­ and Tenth United States Cavalry, respectively; which was referred lumbia, praying the passage of an act for enforcing the satisfaction to the Committee on Military Affairs. of judgments rendered in the courts of the District. I move its refer­ He also presented a memorial of the Legislature of Wisconsin, in ence to the Committee on the District of Columbia. favor of an adequate appropriation for the improvement of the har­ Mr. THURMAN. Let the title of the petition be read at the desk. bor at Green Bay, in that State; which was referred to the Commit­ The CHIEF CLERK. "Memorial of residents of the District of Co­ tee on Commerce. lumbia, requesting the passage of an act for enforcing the satisfaction Mr. DAVIS, of Illinois. Mr. President, I am charged with the duty of judgments rendered in the courts of said District." of presenting a memorial from the publishers of the principal news­ Mr. BECK. I was advised that this is a subject which has always papers of Chicago, respectfully asking that the present duty of 20 been considered by the Committee on the District of Columbia. I per cent. on the valuation of foreign unsized paper be repealed. This inquired of the lawyers who requested me to present the petition tax produces little revenue, and serves only to enlarge the profits of whether it ought to go to the Committee on the Judiciary or the Com­ manufacturers, who, enjoying a monopoly, are able to dicta.re their mittee on the Distri9t of Columbia, and their judgment was that it own terms to the consumers. ought to go to the Committee on the District of Columbia. I con­ These memo:rialists also ask that the duty on soda-ash, principally sulted several members of the Committee on the District of Columbia made abroad, and the duty on wood, straw, and all other pulp be abol­ and they were also of the opinion that the petition should pe referred ished so that the American manufacturer of paper will stand on an to their committee. equal footing with his foreign competitor at the start, with, the advan­ Mr. THURMAN. I shall not say a word against the reference. tage of freight, insurance, ready market, and charges attending im­ Mr. BECK. That is all I know about it. portation on his side, as against the paper-maker abroa-0. And lastly, The VICE-PRESIDENT. The petition will be referred to the Com­ they ask that the duty on type, which is virtually prohibitory, be mittee on the District of Columbia. wiped out, because, like that on paper, it exclusively benefits a com­ Mr. JOHNSTON presented the memorial of J. Richard Lewellen & bination and serves as a pretext for unreasonable prices. Co., publishers of the Public Ledger, of Norfolk, Virginia, praying These propositionB seem to be so plain and so just as to require no for the abolition of the tariff upon printing-type; which was referred argument in their behalf. . What is true of Chicago, applies with to the Committee on Finance. equal force to the press of the whole United States, and especially to Mr. KERNAN presented the petition of George Dunn, of Utica~ that portion of it familiarly known a.a the "country papers." The New York, praying that he be granted a pension; which was referred great metropolitan journals can take bare of themselves under almost to the Committee on Pensions. any condition of things, but that fact furnishes no good reason why Mr. THURMAN presented a memorial of citizenB of Michigan, re­ they shonld be subjected to imposition or to wrong. The main bur­ monBtrating against the passage of the bill (S. No. 496) for the exam­ den of these taxes falls heaviest on the papers of the interior, depend­ ination and adjudication of pension claims; which was referred to ent on local circulation, and unable to compete with those of the the Committee on Pensions. large cities. After all, it is struggling labor that has to carry the load He also presented a petition ·of citizens of Lake County, Ohio, of taxation, in whatever form it may be imposed. The press is one praying for such an amendment of the patent laws as will protect of the wonders attending the growth of our i!lBtitutions. In the his­ innocent users of patented articles from prosecution as infringers ; tory of the human race, there is nothing comparable to this devel­ which was referred to the Committee on Patents. opment. It is not only the bulwark of liberty, but it is the mighty He also presented a petition of citizens of New Lisbon, Ohio, pray­ popular instructor, more beneficent and wide-reaching than any other ing for an amendment to the Constitution of the United States which agency but the Christian religion, of which it is one of the main props. shall grant to women the right of suffrage ; which was referred to the Complaint is made that this power is sometimes abused and that Committee on the Judiciary. we in public life are too often censoriously criticised. It will be a He also presented a petition of citizens of Lake County, Ohio, pray­ sad day for the Republic when criticism upon the acts and the speech ing Congress to relieve them from the oppression of railway compa­ of Senators and Representatives sh&ll be curbed, and a still sadder nies; which was referred to the Committee on Commerce. day when those acts ;md that speech cannot invite the sternest criti­ Mr. CONKLING presented a petition signed by a large number of cism. What food is to the body the press is to the mind. It has be­ licensed officers of steam-vessels, praying for a modification of the come a daily necessity and nourishment from the home of the rich to law and of the fees paid to pilots; which was referred to the CQm- the cabin of the pioneer on the plains, whose brain and muscle are mittee on Commerce. - integral parts of the empire in the West. To make the press wholly He also presented a memorial signed by merchants and ship-own­ independent and to widen its influence every restriction of unjust or ers of San Francisco, California, praying the passage of an amend­ unwise laws ought to be removed. ment to chapter 5, title 53, of the Revised Statutes, touching the The time has come, Mr. President, when the mass of incongruities payment of three months' extra wages to seamen discharged in :for­ and of huge monopolies, commonly called the tariff, should be revised eign ports ; which was referred to the Committee on Commerce. and adapted to the spirit of a progressive age. .A young people like Mr. CONKLING. I present the memorial of Geor~e C. Wooley, ours becomes restive under the shackles of old legislation passed in formerly amemberof one of the New Yorkcavalryregrments, asking the confusion of civil strife or under the persuasion of selfish poli­ that certain pay be allowed to him, and-giving the reasons why he tics. It may not be practicable at this session to reform the rev­ is entitled to it. I move that the memorial be referred to the Com­ enue system. Indeed, reputed action elsewhere forbids any hope of mittee on Military Affairs. that kind. But there should be no difficulty in an exceptional case The motion was agreed to. like that presented in this memorial. Only a few months ago Con­ Mr. McDONALD presented the memorial of W. R. McKean, presi­ gress very properly swept away the obnoxious duty on quinine that dent of the Terre Haute and Indianapolis Railroad Company and had long been maintained for the profit of a few manufacturers in a leased lines, representing three hundred and fifty-four miles of rail­ single mty. That remedy had at best only a local application. In road, remonstrating against a reduction of the duty on steel rails from this instance the newspapers of the entire country are oppressed by $28 to $10 a ton; which was referred to the Committee on Finance. • taxes which are a delusion and a snare. They bring nothing of im­ He also presented the petition of W. H. Ingram and others, of Win­ portance into the Treasury, and they only stand as the duty on qui­ amac, Indiana, praying for the passage of a bill placing wood and nine did, as an excuse for increasing the dividends of what may be straw pulp, soda-ash, and other chemicals used in"the manufacture of described as a close corporation of special interests. paper on the free list; which was referred to the Committee on Finance. I beg leave to present the petition, being the petition of the follow­ He also presented a memorial of L. W. Hasselman and others, cit­ ing-named papers in the city of Chicago: The Chicago Times, Chi­ izens of Indianapolis, remonBtrating agaillBt the passage of the pro­ cago Evening Journal, the Chicago Tribune, Illinois Staats-Zeitung, posed bill amending the practice of the United Sta.tes courts as re­ Chicago Freie Presse, Chicago Yolks-Freund, Chicago Daily Telegraph, gards the bringing of suits for the infringement of patents; which was Deutsche Warte, praying that the present duty of 20 per cent. on the referred t.o the Committee on Patents. valuation of foreign unsized paper be repealed; also, that the duty Mr. CAMERON, of Pennsylvania, presented a petition of citizens on soda-ash, wood, straw, and other pulp be abolished, snd that the of Crawford and a petition of citizens of Mercer County, Pennsylva.­ duty on type be also abolished. I move the reference of the petition nia, praying for such le~lation as will prevent fluctuations in to the Committee on Finance. freights and unjust discnminations in charges for transportation; The m9tion was agreed to. which were referred to the Committee on Commerce. 1880. CONGRESSIONAL RECORD-SENATE. 15~1 • He also presented a petition of David Mapes and 53 others, citizens purpose. I do not suppose if the Legislature of my State passes a of Beech Creek Township, Clinton County, Pennsylvania; a petition resolution instructing me to vote for a particular measure, that that of citizens of Randolph Township, Crawford County, Pennsylvania; is a resolution for me to present here and have referred to a. commit­ and a petition of citizens of Mercer County, Pennsylvania, praying tee. If the understanding of the Senate be different, I shall be very for the establishment of a Department of Agriculture; which were glad to know it, because I have proceeded, as ·other Senators have referred to the Committee on Agriculture. done, upon the idea. I state. He also presented a petition of citizens of Mercer County, and two Mr. FARLEY. The Senator from New York will permit me to say petitions of citizens of Crawford County, Pennsylvania., praying for that he is much more familiar·with the rules than I am, but I was of such an amendment of the patent laws as will protect innocent users opinion that the Committee on Post-Offices and Post-Roads is the of patented articles from prosecution as infringers; which were re­ proper committee to consider this subject. ferred to the Committee on Patents. Mr. CONKLING. There is no doubt of it. Mr. GARLAND presented the memorial of F. M. Clouse and others, Mr. FARLEY. For that reason simply I asked the reference of the citizens of Ash Flat, Arkansas, protesting against the passage of the resolution to that committee. I propose to introduce a bill if the com­ uill (S. No. 496) for the examination and adjudication of pension mittee should consider that it is a proper subject on which a bill claims; which was referred to the Committee on Pensions. ought to be introduced. Mr. COKE presented a petition of citizens of Belton, Texas, pray­ Mr. CONKLING. I am sure the Senator mistakes my point about ing for such legislation as will prevent fluctuations in freights and this resolution. The Committee on Post-Offices and Post-Roads is unjust discriminations in charges for transportation; which was re­ no doubt the proper committee ·and the bill is no doubt a. proper bill ferred to the Committee on Commerce. to be considered, and if the Senator wishes the resolution to go to Mr. RANDOLPH presented a petition of officers of the Army, pray­ that committee as persuasive evidence or information to have this ing for the' repeal of the law concerning payment by officers for fuel; action, that he ha.s a right to do i but my question, addressed to the which was referred to the Committee on Military Affairs. Chair, is this: Is it proper for a !:)en.a.tor to introduce into the Senate Mr. WALLACE presented a petition of citizens of Indiana County, for reference to a committee and for action the resolutions of a State Pennsylvania, praying for such legislation as will prevent fluctuar­ Legislature, not addressed to Congress nor to the Senate but ad­ tions in freights and unjust discriminations in charges for transpor­ dressed simply to the Senators from that State, giving them instruc­ tation; which was referred to the Committee on Commerce. tions f He also presented a petition of citizens of Indiana County, Penn­ Mr. FARLEY. My impression is that it is proper. If the subject sylvania, praying for the establishment of a department of agricult­ to which it relates is one entirely under the control of Congress, and ure; which was referred to the Committee on Agriculture. if it is one that Congress must take action upon, it seems to me it He also presented a petition of citizens of Indiana County, Penn­ ought to have the consideration of the proper committee. I may be sylvania., praying for such an amendment of the patent laws as will entirely wrong; the Senator from New York has much more exten­ protect innocent users of patented articles from prosecution as in­ sive knowledge of the proper course to be taken than I have, and I fringers; which was referred to the Committee on Patent.'!. will yield to any suggestion he may make in regard to a disposition Mr. HOAR. I present the memorial of J.E. Crisp and others, cit­ of the resolution which I have presented. izens of Massachusetts and skilled mechanics, who have made a spe­ Mr. CONKLING. Claiming no superiority of recollection or in­ cialty of working upon and designing shoe-machinery, remonstrating formation, my recollection is that it never has been customary, (and against the extension of the McKay sewing-machine patent. I move has only happened occasionally by accident,) to refer a l'esolution of the reference of the memorial to the Committee on Patents. a Legislature, speaking to the Senators from that State alone, to a The motion was agreed to. committee of the Senate to act upon it. It really gives rise to no Mr. FARLEY. I present a resolution of the Legislature of Cali­ question except whether the Senator ought to obey his instruction or fornia, relative to the establishment of a dead-letter office at San not. How can a committee pass upon that f But I merely make the Francisco. I ask that it may be read and referred to the Committee question to the Chair. on Post-Offices and Post-Roads. The VICE-PRESIDENT. If the Senator from New York makes a The VICE-PRESIDENT. The memorial will be read. point of order, the Chait' will rule upon it. · The Chief Clerk read as follows: Mr. CONKLING. Then I will do so, for the sake of having the CHAPTER 16. opinion of the Chair upon this subject. Assembly concurrent resot~:~: o~~ 1~ s!tiF'r~s~~ establishment of a. dead- The VICE-PRESIDENT. The Chair rules that the communica­ tion uot being addressed to the Sena.tie is not in order. Whereas a large amount of mail matter is constantly being transmitted from the Mr. THURMAN. I want to say a word before this matter passes post-offices of the Pacific slope to the Dead Letter Office at Washington, which mat­ ter is increased in consequence of the recent order of the Postmaster-General rela.­ from the attention of the Senate. I think we ought to have a uniform tive to the mode of addressing letters ; and rule on this subject. The usage of the Senate perhaps has not been Whereas the delay incident to such transmission is the cause of serious incon­ uniform. It is but a few days since that the Judiciary Committee venience and even pecuniary loss to the people of the Pacific coast: Therefore, reported back the resotutions of a State Legislature of a similar char­ Resolved by the assembly, (the senate concurring,) That our Senators and Repre­ sentatives in Congress be, and they are hereby, requested to use their best en­ acter to those now presented, that is, mere resolutions of instruction deavors to obtain the establishment at San Francisco of a dead-letter office. And to the Senators and request to the Representatives of a State. The further, That the governor be requested to furnish a copy of this resolution t;o each resolutions had bel'n sent to the Judiciary Committee, and that com­ of our Senat;ors anu Representatives. • mittee reported them back to the Senate with a statement in effect J. F. COWDERY, Speaker of the AssemlJly. such as the ruling of the Chair now, and advised that while it was JOHN MANSFIELD, very proper to receive them, yet the appropriate course was to lay President of Senate. them on the table, and that they were not properly subject to refer­ A trne copy. Attest: ence to a committee. I think we ought to have a uniform usage upon D. M. BURNS, Secretary of St.a.t.e. the subject. That was the opinion we gave, and the report was acqui­ The VICE-PRESIDENT. The memorial will be referred to the esced in by the Senate, although I think it did not attract much atten­ Committee on Post-Offices and Post-Roads. tion in the Senate. Mr. CONKLING. Before that resolution passes away, I wish to ask The VICE-PRESIDENT. The point of orderhasnothitherto been a question of the Chair for my own government. I do not understand made. The Chair sustains the point of order that a communication that a resolution of a. Legislature addressed to the Senators of a State addressed to a. Senator is not a memorial within the meaning of the instructing them, is a proper resolution to present here for reference. rules of the Senate. The resolution speaks to the Senators from the State, and certainly Mr. WHYTE. I do not know whether I shall be liable to the criti: no committee of this body can report upon it. The only report that cism made by the Senator from New York or not in presenting the could be made upon the resolution would be the opinion of a committee resolution which I hold in my hand, but it has been usual certainly whether the Senator from California and his colleague ought to obey where resolutions were passed by a municipal corporation or by a. the instruction or not. That is a question which those Senators must State Legislature in the nature of a memorial, either ro have them settle for themselves. referred to a committee or to lie upon the table. I hold in my hand I bring this to the notice of the Chair for the reason that it some­ a resolution of the mayor and city council of Baltimore, urging the times happens, inadvertently, as I suppose, that one of these resolu­ Senators and the Representatives in the other House from Maryland tions finds its way before a committee, which committee does not to press upon Congress the passage of an appropriation for the com­ know what to do with it. The Legislature of the State of New York pletion of the work at Fort Carroll, at the entrance of the harbor of passes ::i. resolution instructing me to vote for a particular bill; I Baltimore. It struck me that these resolutions were in the nature of observe that particular instruction ; but it is a thing that does not a memorial, and although addressed to the Senators that they are concern the other members of the Senate, and certainly not a com­ proper to be presented to the Senate, and laid on the table and printed. mittee of the Senate at all. I make that motion. Mr. FARLEY. I will state to the Senator that I intend to intro­ The VICE-PRESIDENT. The Chair hears no objection, and the duce a bill to carry out the suggestion of the resolution, and I pro­ resolutions will lie upon the table, and be printed. pose to advise the Committee on Post-Offices and Post-Roads in regard Mr. McMILLAN presented a memorial of the Chamber of Com­ to the matter. Therefore I have asked the reference of the resolution merce of Duluth, Minnesota, in favor of an appropriation by Con; to that committee. gress of $50,000 for the improvement and enlargement of the harbor Mr. CONKLING. The honorable Senator will understand that I of Duluth; which was referred to the Committee on Commerce. _ do not wish to incommode him or interfere with his bill; but I ask Mr. CAMERON, of Wisconsin. I present a. memorial adopted by the question rather for my own understandi~g than for any other the Legislature of Wisconsin, praying for a modification of the exist-=

/ 1542 . CONGRESSIONAL RECORD-SENATE. MARCH 15, • ing laws respecting the payment of pensions to disabled ex-soldiers to remove the political disabilities of William S. Maxwell, of Tennes­ And sailors. It is recited in the memorial that " according to the see, to make a written report showing that by a general law Mr. Max­ present law the soldier or sailor who suffered the amputation of his well's disabilities have been removed and that there is no necessity a.rm above the elbow, or of his leg above the knee, receives a pension for these bills. Therefore ~e recommend the indefinite postponemen~ of $24 a month, while his equally unfortunate brother-in-arms, whose of the bills, and ask, a-s it is a matter of some general interest and con­ arm was amputated close to but below the elbow, or his leg close to cerns perhaps a number of other cases, that the report be printed. but below the knee, receives but $18 a month pension, the disability The bills were postponed indefinitely, and the report was ordered being quite as great in the latter case as in the former, and the victim to be printed. 1 being quite as effectually incapacitated from the performance of the Mr. FARLEY, from the Committee on Pensio;ns, to whom was re­ duties of active life." The memorial prays that the pension laws ferred the bill (S. No. 873) granting a pension to George W. Wick­ may be so amended as to remedy this, which they regard as a defect. wire,reported it without amendment, and submitted a report thereon: I move the reference of the memorial to the Committee on Pensions. which waa ordered to be printed. · The motion was a.greed to. Mr. CALL, from the Committee on Pensions, to whom was referree Mr. VOORHEES presented the petition of John G. Campbell, late the bill (S. No. 339) granting a peneion to A. W. Richards, submitted postmaMter at Clinton, Indiana, praying for relief from a loss occa­ an adverse report thereon; which was ordered to be printed, and the sioned by the· burglary of the post-office at that place; which was bill was postponed indefinitely. referred to the Committee on Post-Offices and Post-Roads. He also, from the same committee, to whom was referred the bill He also presented the petition of Rose M. Wood, widow of William (S. No: 975) granting a pension to James 0. McKenna, submitted an :Maxwell Wood, late Surgeon-General of the United States Navy, pray­ adverse report thereon; which was ordered to be printed, and the ing to be allowed a pension; which was referred to the Committee bill was postponed indefinitely. . on Pensions. He also, from -the same committee, to whom was referred the bill Mr. PADDOCK presented the petition of M. Willson, publisher of (S. No. 898) granting a pension to Mary A. Davie, reported it with an Our Prairie Home, of Cloverton, Nebraska, praying .for the passage amendment, and submitted a report; which was ordered to be printed. of a bill placing wood and straw pulp, soda-ash, and other chemicals used in the manufacture of paper on the free list, and reducing the BILLS INTRODUCED. duty on printing-paper, &c.; which was referred to the Committee Mr. VOORHEES asked, and by unanimous consent obtained, leave on Finance. to introduce a bill (S. No.14'1) granting a pension to Mrs. Rose M. Mr. GORDON presented the petition of Alfred H. Colquitt and oth­ Wood; which was re~ twice by its title, and referred to the Com­ ers, members of the late confederate army, praying that the Secretary mittee on Pensions. of War be requested to compile and publish, in text form, the knowl­ He also asked, and by unanimous consent obtained, leave to intro­ edge by which the positions and movement.a of troops were laid down duce a bill (S. No. 1472) authorizing the President to appoint Charles on the engineer maps of the battle of Gettysburgh, together with a Ogden Wood a captain in the United States Army; which was road new edition of the maps; which was -referred to the Committee on twice by it.a title, and referred to the Committee on Military Affairs. Military' Affairs. Mr. JOHNSTON. I ask leave to introduce two bills. By way of Mr. DAVIS, of Illinois, presented additional papers in the case of explanation I wish to say that a bill similar to one of them was intro­ the claim of Henry Head of Quincy, Illinois, for cavalry and other duced in the H-0use and is pending there before the Committee on equipments furnished by him during the late war, to accompany the Agriculture. The other is a bill prepared by a gentleman engaged bill (S. No. 961) for the relief of Henry Head, of Quincy; which were largely in agriculture and in the cattle trade. They relate to the referred to the Committee on Claims. · subject of plenro-pnenmonia which is being considered by the Com­ mittee on Agriculture, and we desire to procure all the informatioo we REPORTS OF COlllMITTEES. can get upon the subject. Mr. BAYARD, from the Committee on the Judiciary, to whom was By unanimous consent, leave was granted to introduce a bill (S. referred the bill (S. No. 1253) prohibiting the arrest of election offi­ No. 1473) for the suppression of infections and contagious diseases of cers on election day, reported it without amendment. domestic animals; which was read twice by it.a title, and referred to Mr. EDMUNDS. I wish to state that this is not the unanimous the Committee on Agriculture. report of the Committee on the Judiciary, but is agreed to by a ma­ By unanimous consent, leave was granted to introduce a bill (S. jorit y. Some other members of the committee, as well as myself, No. 1474) for the suppression and prevention of the plenro-pneumonia dissent from the conclusion of the report. in neat cattle; which wa.8 read twice by it.a title, and referred to tho Mr. McPHERSON, from the Committee on Pensions, to whom was Committee on Agriculture. referred the petition of Thomas McGeehan, a disabled soldier, pray­ Mr. KERNAN asked, and by unanimous consent obtained, leave to ing for an increase of pension, submitted an adverse report thereon; introduce a bill (S. No. 1475) to change the name of the steamer J. which was ordered to be printed, and the committee were discharged H. Kelly to John Thom; which was read twrce by its title, and from t he further consideration of the petition. referred to the Committee on Commerce. He also, from the same committee, to whom was referred the peti­ Mr. WITHERS asked, and by unanimous consent obtained, leave to tition of Moses Co:ffy, of Casey County, _Kentucky, praying for anin­ introduce a bill (S. No. 1476) for the relief of th~ heirs of William crea1te of pension, submitted an adverse report thereon; which was Selden, late United States marshal for the District of Columbia; ordered to be printed, and the committee were discharged from the which was read twice by it.a title. • further consideration of the petition. Mr. WITHERS. I am a little at a loss to know what is the proper He also, from the same committee, to whom was referred the bill qommittee to which the bill ought to be referred. The subject of the (H. R. No. 1597) granting a pension to Patsy Davenport, reported it bill was pa-ssed on by the Committee on Appropriations and placed without amendment, and submitted a report thereon; which was or- in the sundry civil bill last year, but went off on the committee of dered to be printed...... conference. However, as it is somewhat in the nature of a claim, I He also, from the same committee, to whom was referred the bill move the reference of the bill to the Committee on Claims, together (S. No. 1070) granting a pension to Jacob H. Eppler, reported it with­ with the accompanying papers, and ask that the oommittee make a out amendment, and submitted a report thereon; which was ordered speedy report, it having already passed the Senate. to be printed. The motion was agreed to. Mr. THURMAN, from the Committee on the Judiciary, to whom was Mr. ROLLINS asked, and by unanimous consent obtained, leave to referred the bill (S. Ne. 1421) to make the crime of rape in the Dis­ introduceai bill (S. No. 1477) forthepunishmentoftrampsin the Dis­ trict of Columbia punishable with death, reported it with an amend­ trict of Columbia; which was read twice by it.a title, and referred to ment, and submitted a report thereon ; which was ordered to be the Committee on the District of Columbia. printed.. Mr. KELLOGG asked, and by unan'mous consent obtained, leave Mr. EDMUNDS. I wish to say that I am not able to concur with to introduce a bill (S. No. 1478) for the relief of Lizzie D. Clarke, ad­ the committee, and I believe some other Senators are not, in the con­ ministratrix of the estate of Thomas L. Clarke, deceased; which was clusion to which they have come. I ask leave to submit in the course read twice by its title, and referred to the Committee on Claims. oi a day or two the views of the minority in writing. · . Mr. FERRY asked, and by unanimous consent obtained, leave to The VICE-PRESIDENT. To this request the Chair hears no ob- introduce a bill (S. No. 1479) to authorize the President to appoint jection. · Ordnance-Sergeant William Marshall, of the United States Army, a Mr. THURMAN, from the Committee on the Judiciary, to whom second lieutenant and place him upon the retired list; which was were referred the following bills, reported them, severally, without read twice by its title, and referred to the Committee on Military amendment: Affairs. A bill (H. R. No. 3109) to .remove disabilities of I. Wilkinson; Mr. PLUMB asked, and by unanimons consent obtained, leave to A bill (H. R. No. 3328) to remove the political disabilities of John introduce a bill (S. No. 1480) for the relief of Edward Ftinlon; which Owins, of Portsmouth, Virginia; was read twice by its title, and referred to the Committee on Claims. A bill (H. R. No. 3988) to remove the political disabilities of Charles He also asked, and by unanimous consent obtained, leave to introduce Carroll Simms, of Virginia; and a bill (S. No. 1481) to amend section 3689 of the Revised Statutes of A bill (H. R. No. 3832) to remove the political disabilities of Joseph the United States; which was read twice by its title, and referred to A. Seawell, of Virginia. the Committee on Public Lands. Mr. TRUEMAN. I am instructed by the same committee, to which Mr. KffiKWOOD (by request) asked, and by unanimous consent ob­ were referred the bill (H. R. No. 3064) to remove the political disa­ tained, leave to introduce a bill (S. No. 1482) for the relief of Morse bilities of W. S. Maxwell, of Tennessee, and also the bill (S. No. 892) K. Taylor, captain and assistant surgeon United States Army; which 1880. CONGRESSIONAL RECORD-SENATE. 1543 was read twice by its title, together with the accompanying papers, Mr. EDMUNDS. A motion to discharge the committee would be a and referred to the Committee on Hilitary Affairs. perfectly proper one, with the views the Senator has, but my present Mr. McPHERSON (by request) aaked, and by unanimous consent criticism is on the form of his resolution, which c~mmands the com­ obtained, leave to introduce ::i. bill (S. No. 1483) to amend the patent mittee to return the bill. That does not, by any correct interpreta­ laws; which was read twice by its title, and referred to the Commit­ tion, discharge the committee from its consideration. It might be tee on Patents. that the Senate for half a dozen purposes wanted to see that particu­ HOUSE BILL REFERRED. lar paper. Of course the usual motion is a motion to discharge the The bill (H. R. No. 5089) directing the issue of a duplicate check to committee, and that the rules provide for. Elizabeth D. Thomaa, a pensioner of the United States, was read • Therefore, I suggest to the Senator to modify 1iis resolution so as twice by its title, and referred to the Committee on Pensions. to make it the ordinary one to discharge the committee from the con­ sideration of the bill, which if agreed to will relieve the matter of ALBERT V. CONWAY. all technical questions hereafter. On motion of Mr. ALLISON, it was Mr. MORGAN. I am willing to make a modification of the resolu­ Ordered, That the bill (H. R. No. 768) authorizing the Secretary of the Treasury tion so as to correspond with the suggestion of the Senator from Ver­ to issue bonds to Albert V. Conway, substituted trustee for certain registered United States bonds, redeemed or assigned by the Government upon forged as­ mont, though I thought in the very peculiar attitude of this case the aignments, be recommitted to the Committee on Finance. proper motion was that the bill be retU]:ned to the Senate for the ac­ INTEREST ON WAR CLAIMS. tion of the Senate in connection with the bill reported from the com­ mittee. The case is a very singular one, one not at all usual in the Sen­ Mr. McDONALD. A few days since a bill (S. No.10) to reimburse ate, so far as I am advised. Let the resolution be modified accord­ the several States,for interest paid on war loans, and for other pur­ ing to the suggestion of the Senator from Vermont. poses, was reported from the Committee on the Judiciary adversely. The VICE-PRESIDENT. The resolution will be so modified. I was not in the Senate at the time the report was µiade. The Sen­ Mr. CONKLING. What is the resolution now as modified t ator from lliinois [Mr. DAVIS] and myself dissent from that report, The VICE-PRESIDENT. It will be reported. and we desire to file our views in dissent from it. Mr. MORGAN. That the Committee on Commerce be discharged. The VICE-PRESIDENT. That is in the nature of a minority re­ from the further consideration of the bill. port, the Chair understands f Mr. CONKLING. I rose to say, having been out a moment, that I Mr. McDONALD. Yes, sir; I ask that it be J>rinted. supposed the resolution ought to be modified in that respect. The VICE-PRESIDENT. The views of the minority will be printed. The VICE-PRESIDENT. Is there objection to the resolution as RIVER IMPROVEMENTS. modified T - Mr. MORGAN. I offer the following resolution: Mr. McMILLAN. Does the Senator from Alabama ask for imme­ Buol~, That the Committee on Commerce be directed to return to the Senate diate action t House bill No. 4213, referred to said committee on the 3d of February, 1880, entitled The VICE-PRESIDENT. He did. The Chair hears no objec­ ".An act to app,ropriate money for the continuance of improvement of certain nav­ tion-- igable waters. ' Mr. EDMUNDS. I do not want to be committed as assenting to I ask for the present consideration of the resolution. this discharge, for one. I hope the Chair will put the question. Mr. EDMUNDS. What is the object of the resolution t Mr. MORGAN. I have no objection to the resolution going over The VICE-PRESIDENT. The object is, the Chair supposes, to dis­ until to-morrow. charge ·the committee. The VICE-PRESIDENT. The resolution will go over on the point . Mr. EDMUNDS. May I inquire what is the purpose of this resolu­ made. ution T Mr. MORGAN. The result will be, however, that i1 the bill re­ Mr. MORGAN. I will state in aDBwer to the Senator from Ver­ ported from the Committee on Commerce is reached on the Calendar, m'ont that the bill (H. R. No. 4213) to appropriate money for the ton­ I shall be compelled to object to its consideration. tinuance of improvement of certain navigarble waters includes three The VICE-PRESIDENT. The resolution will lie on the table. propositions: the appropriation of 28,000 " to deepen the channel of DISTRICT CRIMINAL PRACTICE. the Susquehanna River above and below the port of Havre de Grace, and to complete the work commenced in June, 1879, at the Fishing Mr. THURMAN. I wish to give notice that in the morning hour Battery light-station, in the vicinity of Spesutic Island;" secondly, to-morrow, which I believe is in order, before the Calendar is called, "for continuing the work on Muscle Shoals, on the Tennessee River, I ·shall ask the Senate to take up a.ud consider the bill (S. No. 1408) 1110 000;" thirdly, ''for continuing the work on Davis's Island Dam, to further amend the act entitled ''An a.ct to reorganize the courts of on fhe Ohio River, $75,000; and that said appropriations shall be the District of Columbia, and for other purposes," approved Marc;h available from the passage of this act." 3, 1863, and to repeal section 861 of chapter 24 of the Revised Statutes That bill was referred to the Committee on Commerce. The Com­ of the District of Columbia, and re-enact the same as amended, re­ mittee on Commerce reported back a bill of their own originati6n ported by the Committee on the Judiciary. It is a matter that is containing but one item of appropriation, to wit," to deepen the very pressing, and I am urged by the judges of the courts for the channel of the Susquehanna River above and below the port of action of the Senate upon that bill at the earliest day. Havre de Grace," embodying the language of the llpuse bill in re­ The VICE-PRESIDENT. For what time does the Senator give the gard to that proposition, but taking no action whatever upon the notice t other two propositions contained in the bill, neither reporting ad­ . Mr. THURMAN. In the morning hour to-morrow I shall aak the veniely nor favorably upon those two propositions, and indeed not Senate to take up the bill. There will be no time consumed in its reporting the House bill at all. consideration, I am quite sure. I addressed a note to the Committee on Commerce, aiking them to PUBLIC BUILDING AT DENVER. return the bill to the Senate eitherwith orwithoutrecommendation. Tho VICE-PRESIDENT. The Secretary will proceed with the call That note, I understand, was laid before the Committee on Commerce, of the Calendar, commencing at the point reached on Friday last. and it has not been responded to, certainly not in any official way; The bill (S .. No. 1269) for the erection of a public building at Den­ but I understand that the committee declined to take any action ver, Colorado, was announced as being first in order upon the Calen­ upon the bill at all. · dar, and its consideration was resumed, as in Committee of the Whole, I desire to get the Senate in the possession and control of the bill the pen.din~ question being on the amendment of Mr. HILL, of Colo­ again so that I may offer it as a substitute for the bill reported by the rado, to strike out all of the bill after the word" States," in line 18, Committee on Commerce, in order that we may have the benefit of in the following words : the action of the Senate upon the whole subject-matter a.s passed Nor until the State of Colorado shall duly release and relinquish to the United upon by the House. States the right to tax or in any way assess said site or the property of the United I have no doubt that the three works which are provided for in the States that may be thereon, and shall cede jurisdiction over the same during the House bill are necessary to be conducted, and that the appropriation time ~t the United States shall remain the owner thereof. made by the House is altogether indispensable for the present prose­ Mr. THURMAN. I wish to say one word upon the question of the cution of all of these works, which I understand have been a long cession of jurisdiction by the State. I have nothing to say upon the time established and are under the direction of the Engineer Depart­ proposition that the State shall cede the right to tax the land. Some ment of the Government. years ago I waB taken pretty severely to task by some of my brethren Mr. EDMUNDS. Then, if I understand the Senator, his object is in the Senate for asserting that the United States could acquire title to discharge the committee so aa to bring the bill before the Senate to real estate in a State without first obtaining the consent of the for its consideration T State. I was of the opinion that it could, and 1 thought that it had Mr. MORGAN . . That will be the effect of the resolution, certainly. done so in thousands of instances where it had purchased land upon Mr. EDMUNDS. I should doubt, strictly considered, whether an execution or other process in its favor, and I think so yet. In fact it order to return the bill to the Senate without discharging the com­ does it wherever it makes a lease of a piece of property for a public mittee from its consideration would bring the bill before the Senate building, for a leasehold of an estate may be as much real estate as for action. I see that the Senator's resolution merely is an order to a title in fee, and if the United States cannot acquire a title in fee return that particular paper. without the consent of the State, it cannot acquire a leasehold in­ Mr. MORGAN. My reason for taking that course was because I terest. thonght the Senate might prefer to recommit the bill which has been I have no doubt that itis perfectly competent for the United States re.ported, in connection with the House bill, for the further consider­ to purchase a piece of property and erect on it a court-honse, a cus­ ation of that committee. tom-house, or any other public building that it is within the compe- 1544 CONGRESSIONAL RECORD-SENATE. MARCH 15,

tency of Congress to erect. Then it is a question of policy whether officers of the United States, is to be yielded. That is the question. or not the State ought to be required to cede jurisdiction. I ha.ve I think I have stated it fairly. There are inconveniences undoubtedly, always opposed that cession, with very few exceptions, where the ex­ such as the Senator from Ohio has referred to, and as the Senator ceptional nature of the case seemed to make it proper that the State from Massachusetts did on Friday,-inconveniences in respect of ex­ should cede jurisdiction. Certainly the State ought to cede jurisdic­ cluding State jurisdiction, but they turn out to be usually more theo­ tion over property obtained for an arsenal, for a fort, for a navy-yard; retical than practical, because now for a hundred years in almost there can be no question about that; but why, in the name of com­ all instances of this character, and I do not know but in every one, mon sense, there should be exclusive jurisdiction on the part of the the consent of the State Legislature, in some form and to some ex­ United States over a particular lot of land, one hundred or two hun­ tent, has been obtained, and yet I do not remember any instance of dred feet square on which the United States builds a custom-house, any serious or indeed any practical instance of inconvenience arising or a court-house, or a post-office, is past my comprehension. from it. In cases of local excitement and disturbance that can be One thing is certain, that although the State may reserve, as has readily foreseen, there would be great practical inconvenience in sub­ been done frequently, and as Massachusetts did in the case of a fort jecting the public buildings of the United States to the executive there, a right to serve the process of the State within the limits of and judicial dominion in the ways that I have described of the State the reservation or the land granted to the United States, yet as was in which they happen to be. decided in regard to the people living at that fort, they were not cit­ I do not mean to deny what the Senator from Ohio has said about izens of Massachusetts, they had no right to vote, and for a crime the legal capacity of the United States to obtain title to a piece of committed within that reservation thev could not be indicted in the ground in a State without the consent of that State. I am rathei: in­ courts of the State, for it is no violation of the State law, not being clined to agree with him, certainly when it obtains it in the course • committed in a place under the jurisdiction of the State. of judicial process, because that might be said to arise by a neces­ The consequence is, that whenever you say that a lot of land, per­ sary implication as a consequence of the other powers that the Con- haps only one hundred and :fift.y or two hundred feet square, upon stitution has given to Congress to make and enforce laws. _ which you have erected a post-office, shall be within the exclusive But going a step further and saying that it may buy a piece of jurisdiction of the United States, then no crime committed in that is land-which I am rather inclined to think it may; I am not quite so a crime against the law of the State; no such crime can be punished clear of it as t~e Senator from Ohio is, but grant that-the question in a State court, and you have so many Alsa.tias, so to speak, in the is whether it is right for the Congress of the United States, in view United States, dotted all over the surface of the country, in which of this theory of tne Constitution which I believe to be sound, to pro­ men can commit crime almost with impunity. ceed to erect pernianent and expensive structures for the administra­ There are other reasons that I do not want to take up the time of tion of justice and carrying on the executive operntions of the Gov­ the Senate to notice, for I believe we are under the five-minute rule ernment, without obtaining from the State that consent which the in discussing a bill on the Calendar. Constitution provides for, which the State in some form or other and Mr. CONKLING and others. No. / for all practical purposes has always been willing to give. I say the Mr. THURMAN. I thought that being under the Anthony rule we question is whether it is wise for us to proceed, discarding this pro­ were limited to five minutes. vision of the Constitution, and leave the thing at odds and ends, a.a Mr. RANSOM and others. No. it will be if no dominion is obtained by the United States over these Mr. THURMAN. Then without any five-niinute rule I will take important permanent public buildings, except the mere dommion of my seat, for I believe that I have said all that I want to say. property and the dominion over its records and papers that it would Mr. EDMUNDS. The Constitution provides that Congress shall have anywhere. That is the question. I only wanted to state it. have power to "exercise exclusive legislation in all cases whatsoever," l\Ir. HOAR. I wish to ask the Senator from Vermont a question if I pass over the District of Columbia, &c., "and to exercise like author­ he is willing to answer it. ity over all places purchased, by the consent of the Legislature of Mr. EDMUNDS. I will if I can, with pleasure. the State in which the same shall be, for the erection of forts, maga­ Mr. HOAR. I merely want to ask the Senator's opinion as to zines, arsenals, dock-yards, and other needful buildings." whether "the right to tax or in any way assess said site or the prop­ The language of th.is bill does not follow the language of the Con­ erty of the United States that llll1Y be thereon" could possibly exist', stitution, for it speaks about a cession of jurisdiction. Perhaps that whether it were reserved in this bill, or by the consent of the State might be taken to be satisfied by a consent of the State Legislature or not. If the Senator be right in his agreement with the Senator to the purchase of the particular property; certainly-the Constitu­ from Ohio that the United States may acquire this property without tion would be satisfied and no congressional legislation would be the consent of the State, I ask whether it does riot follow that its necessary ; but striking this clanse out of this bill will make the case ownership and devotion to the purposes of the Government by: the of providing for the purchase of a piece of property in the principal United States exempts it from State taxation. city of one of the States for the erection of a court-house of the Mr. EDMUNDS. I should say yes. I believe that whatever prop­ United States, a post-office, and I believe a custom-house; certainly erty the United States owns lawfully, assuming that it gets the title a court-house, a post-office, and a land office. That is one judicial as I do for this purpose, no State can tax, just as I believe whatever building and the same or another building for sundry executive pur­ property a State possesses the United States cannot tax. That is poses. Jf any offense is committed within that building by violence what I think the law is certainly. in respect of any person engaged in the service of the United States Mr. THURMAN. I think that is a more questionable proposition without this provision of the Constitution being complied with, it than the other. The Senator from Vermont has said that experience would be only punishable under the law of the State. Of course, an proves that there is no danger from the acquisition to the United offense against the records of the United States, the property of the States of exclusive jurisdiction over the land on which public build­ United States, would be reached just as it would be anywhere else, ings are erected and in which the public business is done. My im­ or if it was in transit over a road. And if a mob in Colorado-which, pression is that the teachings of experience are precisely the other of course, is scarcely a supposable thing-were to surround the court­ way. For instance, there are now over forty thousand post-offices in house there, and some of i.ts members should proceed to maltreat or the United Stat.es. How many of them are owned by the United slay some officer of the United States or some party,who had a cause States f I do not suppose ohe in a hundred, iii may be not one in a or who was a witness then and there attending, it would not, so far thousand is owned by the United States; and yet has there been any as I know, be an offense against the laws of the United States, and difficulty growing out of the fact that the United States did not own therefore the State laws would have to be appealed to to protect per­ the post-offices except by a mere leasehold title, and that the prop­ sons engaged in the transaction of the public business of the United erty was subject to the jurisdiction of the State f Has that worked States in the exertion of their rights. It is possible that the present any grievance Y Ha.a that in any way curtailed the right or power or statutes of the United States against obstructing the course of jus­ proper jurisdiction of the United States 'l Certainly not. tice might reach the case of the mob I have named, as applied to Again, Mr. President, the Senator speaks of the protection of the breaking up and disturbing the court; but the private shooting of records of the Government. Can we not make a law to protect the a party then and there attending, certainly would clearly not fall records of the Government of the United States, and to protect the within that criminal statute, and so in respect of the disturbance of officers of the United States in the discharge of their official duties any persons engaged in the executive duties of the United States wherever they may be in the United States f Are we limited in our within this building. power to protect records and in our power to protect our officers in Now, in my belief, the men who made the Constitution a"°ted upon the discharge of their official duties, to the places in th~ United States the sound theory that whatever needful places and buildings, need­ which are within the exclusive jurisdiction of the United States f I ful for carrying on the operations of the Government of the United am sure my friend will not say that. States, were obtained in the States, with the consent of their Legis­ There is then no necessity, in order to protect our records or our latures, Congress and its authority should have dominion over so as officers, that there should be this exclusive jurisdiction. I have to be able to punish all infractions against its laws or wrongs com­ pointed out some of the troubles that result from exclusive jurisdic­ mitted against persons connected with the administration of its laws, tion over a little patch of ground, half an acr., perhaps, takin~ it and to protect the persons engaged in that administration. That totally and absolutely out of the jurisdiction: civil and. criminru., of was the theory undoubtedly; and the question is whether we have the State; and, although the State might reserve the right to serve got so far advanced in civilization and State rights as to object to car­ process in it, yet no crime could be committed upon that patch of rying out that theory and to be willing-to proceed in all cases here­ ground against the State, and without some such reservation of the after upon the notion that, whatever is to be done, the dominion of right to serve process, no process could be served in it. the State over the public property of the United States, and over all But take another case; take a case where there is no reservation acts and things done therein except the official acts and things of the of the right to serve process, where a man commits a crime, not on 1880. CONGRESSIONAL RECORD-SENATE. 1545 this patch of ~ound belonging to the United States and over which that the United States desires to accomplish is accomplished by the·' it has exclusive jurisdiction, but commits it in the open streets of character and nature of the property itself. The United States is Columbus or New York City: and flees for refuge into this ground sovereign for all purposes of its government within its constitutional over which the United States has exclusive jurisdiction, do yon not limits throughout the entire territory of the country. A United States see the trouble there is immediately in getting possession of that man T com·t-house, a United States record, a United States officer, as far as He may ha.ve committed a murder in the street, and he flees for refuge his salary or employment is concerned, are exempted from Stare as­ to this new White-Friars, gets into it>.,; no process reaches him unless sessment for taxes and from all State legislation, and from invasions the right to serve process has been reserved by th~ State in its cession by State authority or by lawless act of a private citizen, by reason of jurisdiction or in its consent by which it gives the Uuited States of their public character as an instrumentality of government, or is exclusive jurisdiction. That ought not to be. Ther~ is no necessity devoted by government to its instrumentality. Everything, therefore, in the world, especially as we are going on erecting so many of these which this bill undertakes to accomplish is already accomplished. I buildings, that there should be so many little blotches on the face of understand that in the particular case the act creating the Stare of this Republic in which the State laws are utterly silent with no neces­ Colorado exempts this property from taxation. sity whatsoever for their being silent. Mr. TELLER. All United States property. ~Ir. JONES, of Florida. It is not often that a discussion of this Mr. HOAR. But without that act the character of the property kind grows out of a bill coming from the Committee on Public Build­ itself accomplishes and secures all that the express legislation of this ings and Grounds; and inasmuch as this subject has been considered proposed statute se~ks to accomplish, and I should like to know why there, I deem it proper to say a few words in addition to what I have a murder committed on one post-office clerk by another, or an assault already said on this subject. committed upon a citizen resorting to the post-office should not be There can be no doubt in my opinion as to the authority in the punishable by the State legislation as much as one committed ten Constitution given to Congress to legislate exclusively o.-er a place rods outside of the limits of the post-office. I hope the amendment ceded for the seat of Government, as this District. The language, how­ proposed to the bill ·will be adopted. ever, with respect to places purcha.sed for dock-yards, arsenals, and Mr. MORRILL. Mr. President- other needful buildings, is a little different, although the result is the The VICE-PRESIDENT. The morninO' hour has expired. same. It provides for a cession in the one case, and a purchase with Mr. MORRILL. I desire to say a word or two in relation to this the consent of the State in the other. With respect to forts, arse­ point, if there is no objection. nals, and dock-yards that are usuallyrequiredforpurposes involving The VICE-PRESIDENT. Is there objection Y The Chair heara the employment of large bodies of men exclusively under the control none. of Government, it is very proper that all State authority over such Mr. MORRILL. I shall not occupy more than five minures. I persons should be withdrawn. Navy-yards, forts, and arsenals, where merely desire to say that ever since I have been a member of the the employes are within suchjurisdiction, should not be interrupted Committee on Public Buildings and Grounds we have followed the by State laws requiring jury service and interfering with the conduct form and usage established there years and years ago when such mem­ of the public business of the United Stares. But when you come to bers as Douglas of Illinois, Fessenden of Maine, Bayard of Delaware, a post-office, to a custom-house situated like that in New York, and and Bright of Indiana were part and parcel of the committee. In intended for the accommodation of the citizens of the Stare, the great relation to this matter we have a general law which requires that public in a great city, no such necessity exists for jurisdiction in that we shall first obtain the consent of the Legislature where we under­ case as in the other. take to erect a public building in a State. Every day thousands of people assemble at the post-office in ·New I desire to put the question tq my friend from Massachusetts as to York for their mails, and so it is in a less degree at every post-office whether we shall not have exactly the same amount of jurisdiction or in the United States. If a maliciously disposed person should imag­ power of legislation, provided this State a.ssents to the erection of this ine that he could get au advantage over his victim by committing public building, that we should have under any form of law, for the an offense within such a ceded territory or jurisdiction he might se­ reason that the Constitution provides that we shall have the right of lect that spot for the commission· of a crime, and the State power exclusive legislation over all places purchased for the use of the United could not reach him. If a person, for instance, imagined that in States, for forts, magazines, arsenals, dock-yards, or other needful build­ New York City he could secure some advantage by committing a ings. Now, if the Constitution is operative at all, it seems to me it must murder at the post-office, which is visited every day by thousands of be operative so far as to give us the exclusive control of these build­ people of •that city to get their mails, he might select that locality ings in every case where the assent of the Legislature of the State has for the purpose of carrying out hls desire in order that jurisdiction been obtained for the purpose of the purchase. Of course, it is en­ Iillght be taken of the offense by the Federal courts. tirely immaterial to me how this matter is decided, but I think it I say, Mr. President, with such consequences as that likely to fol­ safer to follow the usage of Congress for many years rather than to low from this jurisdiction, I am opposed to it because I see no prac­ adopt a new principle. • tical benefit that can possibly result from it. In cases where you Mr. HOAR. I desire to say in reply to the question of the Senator have got a large navy-yard, a large fort, with military servants and from Vermont that undoubtedly we have the right under the Consti­ naval servants and a corps of mechanics whom the interests of the tution to exercise exclusive legislation in the case of the territory Government require to be constantly at their places, it may be proper, ceded by the State, but the question is whether it is expedient or not. and I doubt not it is, that they should not be interfered with by That is all. I think it inexpedient. State law or State power ; but in the other cases it is quite different. Mr. GARLAND. I believe that Judge Story, as far ba-0k as 1819, Mr. HOAR. I think, Mr. President, it is very clear that the framers in a case reported in the second volume of Mason's Circuit Court Re­ of the Constitution had in mind, in the provision which has been re­ portA, settled this question in accordance with the view expressed ferred to, principally places acquired by the United States for mili­ by the Senator from Vermont, [Mr. MoRRILL;J but as I do not wish tary or naval purposes, and in that case they did not provide in terms to delay the star postal appropriation bill, I yield for that, but will for exclusive jurisdiction; perhaps they provided for what is nearly say a few words hereafter on this bill. the same thing, the exercise of exclusive legislation; but all the in­ Mr. WALLACE. I call for the regular order. stances which the Constitution gives are forts, magazines, arsenals, dock-yards, and other needful buildings. The acquisition by the MAIL TRANSPORTATION DEFICIENCY. United States of the title to real estate for the purpose of post-offices, The Senate, as in Committee of the Whole, proceeded to consider custom-houses, court-houses, land offices, and offices for the assess­ the bill (H. R. No. 4736) to provide for a deficiency in the appropri­ ment and collection of the internal revenue was not in the mind of the ations for the transportation of the mails on star routes for the :fiscal framers of the Constitution, and I quite agree with the Senator from year ending June 30, 1880. Ohio that it is extremely inexpedient to cut out from every State in The bill was reported from the Committee on Appropriations with this Union, as we are multiplying these Government buildings, little amendments. strips of Territory over which no State law extends. The first amendment was, in section 1, after the word "year," in line The Senator from Vermont said the other day, in answer to the sug­ 8, to strike out the following words: gestion that no State process would run into a post-office or court­ .A.t or within contract prices as they existed on February 1, 1880: P-rWest Virginia. I suggest to my friend from Penn­ bility to punishment under any State law, and I am afraid that in sylvania that the question now is on striking out the words just many instances entirely without liability to punishment under any read. law of the United States. Mr. WALLACE. I desire to have this amendment come :first. It seems to me that we ought at once to put a stop to and reverse Mr. DAVIS, of West Virginia. Very well. the policy upon which we have proceeded in exacting from the States Mr. WALLACE. I desire to propose on behalf of the Committee a complete cession of jurisdiction to the United Stares. Everything on Appropriations an amendment in line 3 of the original bill; to 1546 CONGRESSIONAL RECORD-SENATE. MARCH 15,

strike out" nine hundred and seventy" and insert "eleven hundred," fiscal year. These are very strange figures. They demonstrate very so as to m{)oke the appropriation $1,100,000. c]early that either the Post-Office Department did not know its own The VICE-PRESIDENT. The amendment is in order. The qoes- ·needs or that the Sixth Auditor of the Treasury does not know what ti.on is on the amendment of the Senator from Pennsylvania. the service requires to complete it to the end of the fiscal year, for Mr.WALLACE. Now, will the Secretary read the bill as it will while the Postmaster-General says two millions are necessary and stand if the amendments of the committee be adopted. the Second Assistant Postmaster-General says that $1,720,000 are in- The Chief Clerk read as follows: dispensable to carry through the service, the Sixth Auditor says that Th';t the sum of 1,100,000, or 80 much thereof as may be necessary, be, and the 1,155,000 are all th_at is needed, a difference of $565,000 between the same is hereby, appropriated out of any money in the Treasury not otherwise appro- Second Assistant Postmaster-General and the Sixth Auditor. priated, to meet the expenses of inland mail transportation on star routes for the The conclusion is forced upon us either that they did not know remainder of the current fiscal year. During the remainder of the current fiscal their own needs or that they had some other purpose to serve, either year no further expediting of service or increase of trips on any postal star route in the increase of trips or in the increase of speed upon these route'", shall be made. "' SEC. 2. That the further sum of $100,000 be, and the same is hereby, appropri- or that they proposed to have enough of money to do all that the ated as aforesaid to enable the Postma.star-General to place new serviceaa author- Post-Office Department saw fit to do dtuing the current fiscal year. ized by law : P1·ovided, That the Postmaster-General shall not hereafter have the It · d t f t t k th h · t bl · f th b · t power to expedite any contract either now existing or hereafter given to a rate of is our u y, 0 course, 0 a e e c an a e view o e su ~ec , pay exceeding 50 per cent. upon the contract as originally let. but I desire to call the attention of the Senate to the discrepancy in these figures. The Post-Office Department ask for $1,720,000 as a de­ Mr. WALLACE. The Senate will see that this bill relates, as it . ficiency for this year, while the Sixth Auditor of the Treasury now stands, entirely to the transportation of the mails on star routes. demonstrates that it takes but at the outside $1,155,000, making a Star routes, as I suppose. fthe th Senateils understands,th th b include te ball tother d u.uJ.erence~:# o f 565 , 000 b e tween the A u ditor an d the p os t . Offi ce D epart - mi;> d es o f tra~spor t 3'. t 10~ o e ma an ose y s am oa an , ment. raµway. This serv10e. mcludes tw? ~undred an~ fifteen thousand From this stand-point it is certain that the House of Representatives' mil_esofthetrans~ortationofthemailsrnev~rysec?onof the country, was justified in initiating a careful inquiry into the subject-matter while transportation by steamboat and railr~ad rncludes about oi;i.e Qf appropriations for this Department and probing it to the bottom. hundred thousand; so that ~he~e are about twice as many route~ paid The House bill appropriated but 970,000. The demand of the De­ for under the head ?f star sernce as there are under that of railroad partment was $2,000,000. Your committee have adopted what is eub­ and steamboat service.. stantially the amount fixed by the Sixth Auditor of the Treasury, as !tfr. CONKLING. Will the Senator be good enough to repeat the necessary to conduct this service to the end of Vhe fiscal year upon miles T • the basis of contracts as they exist at this hour, expedited and in- Mr. WALLACE. Two hundred and fifteen. thousa~d by starserVIce, creased trips, and altogether the sum of $1,100,000. W:enty-one thousand by stea~boat, and seventy-mne thousand by Mr. TELLER. I should like to ask the Senator if 1,100,000 is ra11r.oad. The amount appropriated for the ~resent fiscal year for star what he reported t service was $51900,000 ; the amount appropriated for all other means Mr. wALLACE. I will give the Senator the .figures in a moment. of transportation, $11,300,000...... The figure!! are as follows· I read now from the report of the Auditor: Now, whence comes the deficiency, for this is a bill providing for a ' deficiency, in the transportation of the mails in this particular way T Smnmary statement sh.owing the ann-0tmts, lry quarters, paid and yet to be paid, acC-Ord- The actual cost of the transportation of the mails by this mode of ing t.-0 th.e reoords of th.is office, O'Ut of th.e appropriati-On for star transportati-On for 30 1880 service for this fiscal year under contracts as they now exist as the fiscal year ending June • · shown by the report of the Sixth Auditor of the Treasury is $7 ,055,000. ~~~\~~~- ~~- ~~~-~~~-~: -~~~~~- ~~~~- ~e~~~~~~ $1, 677, 3.55 96 The amount appropriated for this fiscal year is $5,900,000, showing a Amount unpaid on account of quarter ended Septem- deficiency of $1,155,000 to complete the service on its existing basis. ber 30, 1879 .•••.•••••••••.....••••••••••.••....••••• 12, 718 00 The Senate will understand this is not on the basis of the contracts - ·--- origm'aUy let, but on the basis of the contracts as they exist at Total for said quarter.············· ·························-- $1, 690, 074 30 as Amount paid on account of quarter ended December this day. Who is to blame for this deficiency t Why does it exist T 31, 1879...... •••••• ...•.. ...•.• •••••• 1, 602, 577 24 Why did Congress not appropriate the amount necessary to conduct A.mount unpaid on account of quarter ended Decem- this service to the end of the fiscal year, the 30th of June, 1880 T ber 31, 1879 · · ·. · · • • • - -- · • • · - • • · • • • · •• • • • • · • • • • • ••• • • • 160, 119 77 Congress did appropriate all the money the Post-Office Department Tota.lfor said quarter ...... ··············=--.-..-.- ..- ..-. 1, 762, 697 01 asked for this form of ·service, $5,900,000. The deficiency exists be- A.mount unpaid on account of quarter ending March 31, 1880. .••••• 1, 803, 171 49 cause additional speed and added trips and new routes have been put Amount unpaid on account of quarter ending June 30, 1880 .••.••••• - 1, 799, 595 71 by the Department to the service as it existed a year ago. From the Department the answer that comes to Congress is t}lat Total...... 7, 055, 538 60 there are two thousand new routes created, for the inauguration of , F. B. LILLEY, service on a portion of which $434,000 have been used during the cur­ Acting Auditor. OFFICE OF THE AUDITOR OF THE TRK.A.SURY rent fiscal year; and it is also answered that the increase in public FOR THE POST-OFFICE DEPARTMENT, business, the increase in the demand for mail transportation, the large March 2, 1880. increase in"the general business of the country have called for an ad­ If we deduct from,this the $5,900,000 which have been appropriated dition to the mail service by giving more trips and by the expediting for this service for the current fiscal year, and then deduct what is of speed on old routes, and that these were not calculated for when the probable amount of fines upon contractors, which will accrue in the estimates for this fiscal year were made. the remaining quarters of the year, which we estimate at $.55,000- What is the demand Y The Postmaster-General on the 8th Decem­ during the pa.st two quarters it was 101,000-we have the amount ber, 1879, sent to Congress a letter asking that $2,000,000 be appropri­ actually necessary to continue the service to the end of the fiscal ated for the purpose of meeting this deficiency to cover " the neces­ year on the basis of existing contracts, $1,100,000, which sum I am sities of the service of the country during the current fiscal year." directed by the committee to move to insert a part of thia bill With that he also sent to Congress a letter from the Second Assistant as as the amount necessary to conduct the service to the 30th of .Jnne, 1880. P0&tmaster-General, which I will read to the Senate: The amount in the House bill was too small by $130,000, but the POST-OFFICE DEPARTMENT, Department asked 900,000 more than was needed on the basis of the OFFICE OF SECOND ASSISTANT POSTMASTER-GENERAL, Washington, D. 0., Decemher 6, 1879. contracts as they now exist. The Committee on Appropriations of the Senate have taken this view of it, tha~ it is our duty to vote the Sm: I have the honor to state that the appropriation for inland mail transporta­ tion on star rontes for the current fiscal year baa proved insufficient to meet the money needed to carry on the service on its existing basis to the end wants of the rapidly growing service. of the current fiscal year, bot no more. We are unwilling to put The annual cost of the service now in operation is $7,620,004, while the appro­ under the control of the Post-Office Department so large a surplus as priation is but $5,900,000. Not only will the present appropriation allow no in­ crease of mail facilities during the year, bot it will be necessary to curtail the either $565,000 or $900,000, but we were willing to treat it aa a valid existing service in order to bring its cost within the appropriation. existing service in its present condition until the end of the fiscal Believing that this cannot be tlone without great injury to many deserving com­ year. munities, and further that pressing necessi~ exists for increased service in many Mr. CONKLING. What is to happen then, on the 1st of July T places, I venture to suggest a method of relief. Mr. WALLACE. The regular Post-Office appropriation bill will be During the four fl.seal years last past, namely, 1876 to 1879, there has been cov­ ered b:wk into the Treasury of unexpended baJances of appropriations for inland passed before the 1st of July foi: tI>:e succeeding fiscal ye~r, whicp. mail transrortation '3,965,468.27. will make the necessary appropriation of what Congress Jadges 18 I view o this f:wt, I have the honor to request your recommendation to Congress required to conduct the service for that year. The purpose of the that about one-half this amount, say $-2,000,000, be reapproprirted for mail trans- portation on star routes. , committee is simply to provide that the Post-Office Department should This will enable the Department to maintain the present service, and besides be recognized as our agent in creating the service under the law as it afford a margin for reasonable and necellSary increase during the remaining half of now exists, that we wonltl vote the money needed to carry it on for the fiscal year. the present, but that we would examine the subject closely and be Very respectfolly, &o., TBOS. J. BRADY, governed as to the succeflding_year by the facts developed. . . &cElr allowed therefor shall be expressed in the order, and entered upon the books of the cent. of the cost of the ori~al service the Postmaster-General should readvertise Department; and no compensation shall be paid for any additional regular service for service at the increasea speed. rendered before the issuing of such order. . SEC. 11961. No extra allowance shall be made for any increase of expedition in Thus it will be seen that the Postmaster-General himself recog! carrying the mail unless thereby the employment of additional stock and carriers nizes the fact that too much discretion is bestowed on his Depart­ is made necessary, and in such case the additional compensation shall bear no ment and recommends a change of the law. Your committee have greater proportion to the additional stock and carriers necessarily employed than the compensation in the original contract bears to the stock and carriers neces­ added to the second section of this bill the following proviso : sarily employed in its execution. P·rofJided, That the Postmaster-General shall not hereafter have the power to These are the sections under which this power is now claimed and expedite any contract either now existing or hereafter given to a rate of p~ ex­ h'as long been exercised. ceElding 50 per cent. upon the co~tract as originally let. Mr. McDONALD. I wish to ask the Senator a question. The Sen­ If 'that proviso had been in force before 1879 we should have had ate Committee on Appropriations have increased the amount of the no complaint on this subject of increased expedition. The large in­ appropriation in the House bill T · crease could not have been made; the contracts could not have been Mr. WALLACE. The Senate committee have increased the appro­ changed so enormously; they would have had to be surrendered and priation in the House bill from $970,000 to $1,100,000-- new ones made. Mr. McDONALD. Where is that increase found f I have a copy Another objection to this practice is that, under the law aa it now of the bill. stands, there is no competition for the increased expedition or for the Mr. WALLACE. Anamendmentproposed by myself to beinsert~d increased number of trips. The Post-Office Department is compelled now by direction of the committee. to give the increased expedition and the increased number of trips Mr. McDONALD. It does not appear in the printed bill. to the contractor who has the route. The Department has no discre­ Mr. W A):.LACE. It does not. tion unless it forfeits the contract and relets the whole. Mr. McDONALD. The increase is from $970,000 to $1,100,000T The Honse bill strikes at all of these routes, one hundred and seven Mr. WALLACE. Yes, sir. in number, without discrimination, and does not conduct the service Mr. McDONALD. Is that understopd to be a sum sufficient to to the end of the :fiscal year upon its. existing basis. The bill, as carry on the present service T _ amended by your committee, conducts the service now in existence Mr. WALLACE. Yes, sir; we based our estimate on the report of to the end of the fiscal year, but allows these questions of wrong or the Sixth Auditor of the Treasury, which I have just read to the fraud or increase to be settled and adjusted in the bill for the coming Senate. · fiscal year, when we shall have carefully examined all the facts and It will be seen that an exercise of such discretion as is vested in are able dispassionately and judicially to apply the knife if it be the this Department by the statutes I have read has in this instance been remedy. Contractors and officials are equally within our reach, but such as to strike the ordinary mind, with force as almost an unlimited we must act on facts a.nd not upon suspicion. discretion. Here is an increase of more than a thousand per cent. on The evil effect of the House proviso which strikes without discrim­ the original bid. Take the case of the mail from Bismarck to Fort ination would be found in the case of the routes to Deadwood or to Keogh; the increase is from $2,350 to $70,000; from Rock Creek to Leadville, where within the last eighteen months has grown up enor­ Fon Custer $10,507 to $88,768; yet the power to do this plainly exists mous communities, which required more rapid transportation of the under the statute. mails, and an increased number of trips per week. The power to do Mr. TELLER. I should like to aak the Senator a question. Take what has been done existed, and in those cases the Postmaster-Gen­ the route from Bismarck to Fort Keogh; is there any evidence that eral exercised a proper and wise discretion ; and no Senator surely there bas been any violation of the statute in the additional money will say that becamm the increase is over $2,500 upon these rou~ allowed them T we should strike down the service from the railway to Dead wood from Mr.WALLACE. Certainly not, I am not attempting to argue that a fa.st mail to a slow one and give them a freight wagon in room-of there has been; I know of none; but I am commenting upon the pro­ a passenger coach. The effect of that would be felt at once in the visions of these statutes and the practice under them in order to dem­ East as well as in the West, and so it would be with the route to Lead­ onstrate that the discretion given is enormous; whether that dis­ ville. Your committee have differed with the House upon this sub­ cretion has been exercised wisely or unwisely is for Congress to deter- ject and have eliminated from the bill the proviso which struck ~~ . down all these routes, because there was no discrimination among The Department has too much discretion on this subject. Such is the them. It is a sweep at the whole and has cut them all'Up by the root. conclusion t~at all of your committee come to. No Senator can take The effect would be to change the fast routes to slow ones. It would these statutes and read them and see the practice unde1· them without have deprived whole communities of the rapid interchange of busi..: coming to the same conclusion. This is too much discretion to vest ness intercourse between them, so much a characteristic of our peo­ in any executive officer. No executive officerwho desires to perform ple. It would, as I have already said, prevent the rapid transporta­ his duty with exactness 21.nd without reproach but would shudder at tion of mail matter from New York, the heart now of the mining in­ such a responsibility being vested in him. terest, to Leadville or Deadwood and to all the mining camps in the Mr. TELLER. Does the committee propose any change in the West. statutes f Besides that, it would have given to the express companies the op­ Mr. WALLACE. They do, and this bill contains it. The excuse portunity for carrying that is now possessed by the Government, and given for this discretion, and it may be a valid one, is that the bids where a fast team is given by us a slow one would have been put in originally put in for the carrying of the mail in this character of its place, while the express companies would have reaped the profit. service are too low for their performance, and as the Department is We had serious complaints before the cammittee from contractors compelled to accept the lowest bidder it does so with a full knowl­ who alleged that they had taken their contracts in good faith, had edge and understanding that the service is to be expedited or the their allowance for increased speed made in good faith, put upon number of trips increased, or both, and then the Postmaster-General their contract routes large expenditures of money in good faith, and can give the contractor what he thinks will pay him for carrying the that the effect of the Hoose bill was to financially ruin them. Before mails and what such service is justly worth. the snb-commHtee one of these contractors presented a memorial which The Department is compelled to take the lowest bid and then may I will ask the C1erk to read as showing the effect of the House pro-

t 1548 CONGRESSIONAL RECORD-SENATE. MA.Ron 15, viso upon existing contraotiS. This complaint has reference to one of fire, or we would not have made it. The current quarter will not cost us lees than the routes I have already named. $30,000, leaving only S40,000 for the remaining three-quarters, less deductions, which The Chief Clerk read as follows: may be one-half, for not running on time. W ASIIlNGTON, D. G., March 1, 1880. Mr. WALLACE. There has also been furnished the sub-committee To th~ chairman of the Sttb-committ.ee of the Senat,e Oommt"ttee on .Appropriations an expemm account of several routes by one of the la.rgest firms carry­ having in charge House bill making an appropriation for the postal star service: ing mails west of the Mississippi River, Gilmer, Salisbury & Co., from I respectfully snbmit the following fact.sin regard to star route No. 37110, Wy­ which I read an extract as to but one. oming, on which I am contr:wtor: This route runs from Rock Creek on the Union Pacific Railroad by Fort Fetter­ THE BLACK BlLL8 ROUTES. man and Fort McKinney to Fort Custer, Montana-three hundred and fifty-eight Mail:i;>a.y: miles. It was advertised by the Post-Office Department, May 10, 1878, service to 34156, Sidney to Deadwood, per annum ...... •...••..... _ $29, 325 00 commence October 1, 1878, for three trips per week. I had that part of it between Cheyenne to Deadwood, per annum._._._._._ ..••••• _. 16, 8CO 00 Rock Creek and Fort Fetterman stocked, and c.-irried the mail during the sum­ mer of 1878. I was a bidder for the throu1J,h service :i.t $18, 770 per annum. It was Total pay per annum ..•.••.••• .•.•. . .• ------·····- .•....•..• .••.. $46, 125 00 aw:i.rded to George L. McDonough (lowest bidder) for 11, 777 per annum; was af. Expense account from June 1, 1879, to November 30, 1879: terward curtailea forty miles, and $1,269.75 deducted, leaving 10,507.25. I sold Employes aooount --- . ------...... --· .. --... _.. ---···. _. . 16, 008 55 my stock to Mc Donou~h. He was declared failing contractor by the Post-Office Expense a.ccount.------·-· ...... •...••....••. . --·. -- . 9, 602 42 Department about Ap1il 1, 1879, and the sureties on his contract were offered the Grain account. --- ... ----·- ...•....•• -· ... . •...... •.•...... 22, 010 11 service. Hay account ...... ·····--······--·-····-·-···--·· -···-·-· 6, 724 03 I being aware that a ~ood and faAt service would be needed, and had already Board account ...... --· ...•••••...... __ . . --· 7, 363 36 been asked for by the military of Forts Fett&man, McKinney, and Oust.er, also by Toll aecount ...... -··--· ....•.. ----- .... ------.....• .••.. ... 350 00 the lar~e cattle and mining interest.s of that country, took this route from the sure­ ties ana went immediately to work t-0 stock the route and build stations. I com­ W'=--:d~un!ooii~t:::::::::::::::::::::::::::::::::: : ::: 12, ~ gg menced the service April 14, 1879, tri-weekly, with eight days' time ea-0h way, pay, 10,507.25. The long time was objectionable. I was, however, compelled to use it Six months ...... •..•.. ···-··.--· ..••...... _...... 74, 818 Z1 in order to keep within the mail pay. Petitions and r equests from all parties interested were sent to the Dep:i.rtment Double for the year ...... -·-·. -.. --.. --· ·-···- .... --·-· · 14!1, 636 54 praying for daily service and a. shorter time. June 11, 1879, the Department or­ Interest on investment $100,000at10 per cent. per annum... 10, 000 00 dered four additional trips per week at a. cost of 14,009.66, and an expedition of time from eight days to three days and three hours, at a cost of ~4,251.21 per an­ Total 'for the year -----· ·---·· ...... ------··. __. . 159, 636 54 num. Excess of expenses o>er receipts . .... __ .•. ___ ...... •. ___ •.• . __ .. 113, 511 54 While I only required eight st.ations for eight days' time tri-weekly, twenty-fonr Fiations were required for three days' time da.ily. I built fifteen of the twenty-four stations at my own cost, and assisted in buildiDg the others. They were stocked Showing thatthe business thoy had built up requires a largely in­ with hay and grain to la.st to June 1, 1880. creased amount to conduct it over the mail pay, and that the com~ Corn is all shipped from Omaha. seven hundred miles by railroad and then hauled pensation from the mails is but a trifle as compared to the whole the length of the routei three hundred and fifty-eight miles. It ave~es me $2.80 compensation they receive for the passenger and other work done on per bushel, delivered a. on~ the route. Hay is cnt on the line, and costs from 15 to s.50 per ton; havinu often to haul it fifty miles. those routes. They carry now about fifteen hundred pounds freight I have two hundred'"horses and mules, with an entire outfit of hacks, buckboards, daJly, and the rate thoy receive is about six cents per pound. harness, &c., now in use on this three hundred and fifty-eight miles of road, put I have referred to these specific oases of complaint in order to justify there at great expense to meet the service orderecl by the Post-Office Department. the a-0tion of the committee as to the House proviso. There is an..: In order to stock this road in the short time given me, I was forced to borrow $30,000 in money. To take oifthe expedition ana return to eight days' time, which other point of view in which the action of the Senate committee will I will be compelled to do, would not only deprive a deserving people of the best be seen to be better for the Government than the Hou e bill. It is mail facilities, but would throw a surplus of stock and grain, unpaid for, on my that·this bill is cheaper than the forfeiture of all these routes under hands, which would seriously cripple me financially. the proviso in the Honse bill. The amount of one month's pay, which :Fort Fetterman is a five-company post ; Fort McKinney is a seven-company post; Fort (Juster is an eleven-company post, and headquarters of the regiment, &c. Yon would have to be paid if the contracts were all forfeited on one hun­ can readily see that half-daily or three tri-ps per week, with three-days schedule, dred and seven routes, would be $267,113. The amount appropriated would be far preferable to daily service with eight-days schedule. by the House bill for the present service is $970,000, making a total I have the honor to be, very respectfully, your obedient servant, of 1,237,113. The amount required to continue the service on the M. T. PATRICK, Oontrar,tor. present basis, as shown by the figures of the Sixth Auditor of the Treasury, is $1,100,000, the amount of this bill as we propose to amend Mr. WALLACE. To that is appended a certificate by the United it. The difference and sa.ving to the Government by this bill, there­ States district judge of Nebraska, with whom I am well acquainted, fore, is $137,000 over the Honse bill, so that from any stand-point this as to the character of Mr. Patrick as an honorable and upright man. is better than the adoption of the Honse bill. That route was expedited from one hundred and eighty hours to sev­ We were asked to do two t)l.ings : to stop fast mails on all the enty-five hours. I also have a statement furnished me by Vaile, routes west of the Mississippi and to ruin contractors who on the faith Miner & Co., of the route from Bismarck to Fort Keogh, which I ask of our law administered by our agents had spent large sums of money. the clerk to read. This route was expedited from eighty-four hours Right here,,Mr. President, it is wise to distinguish between the ac­ to sixty-five hours. tion of the Post-Office Department and the rights of these oontractol'9 The Chief Clerk read as follows : and the interests of the people. On the one hand our people want We now call attention to the route from Bismarck to Fort Keogh. Saint Paul is rapid transportation of the mail; they do not want the mail carried the military headquarters for all those Northwestern fort.s. Prior to our taking on a rude wagon, but en the contrary they want it carried just as the above route all mail matter for Fort Keogh and the other forts in that region rapidly as it can be transported in every locality. went down to Omaha; thence to Franklin oy railroad ; thence north about four hundred and twenty miles to Helena; then east to Bozeman and Fort Keogh, mak­ So, too, in regard to contractors, no man who has entered into a ing a cirm1it of near two thousand four hundred miles, one thousand miles of it by contract with the Government on the faith of its laws, under power stage when its destination could be reached, and is now reached in about seven given by the laws to agents of the Government, in the absence of hundred miles-only three hundred miles of it by stage. There wa-s a weekly mail positive proof of corruption, of fraud, of wrong, on the part of the from Bismarck to Fort Keouh via Fort Buford, fonr hundred and fifty miles-one hundred and fifty longer tiian onr present route. Through the intercession of man thus contracting, should be stricken down. It is infinitely bAtt.ei: General Miles, Con~rt'.s s establi ~ hed this route on a straight line, and, except at the for us to suffer for a time, to bear these wrongs temporarily until we ends, not a person lived on the line or within fifty miles of it; not one person had can put our hand upon the wrong, until we can discover where the ever been over the line; there was no track or trail even. We surveyed the road; corruption is, if it exists, and then at once forfeit his contract, make built mounds in sight of each other so that we could keep the road across the prairie; made appro:i.ches to streams; built bridges and ferries, houses and stables, the contractor pay for debauching our officials, and punish the official seventeen in number; dug wells and built a roa.d through the bad-lands, which was who is guilty of corrupt conduct in reference to their oontl'.aots. considered quite impa.ssa.blA. This is the view the committee took of the sn bjeot-matter, and in This road cost us near $40,000 before we received one cent; and would have cost the absence of proof of corrupt conduct on the part of any contractor the Government more than 200,000 to have done the same work. Tho building of three hundred miles of road, through a perfect wilderness, and the worst Indian we did not feel warranted in striking down all these contracts; but country at , hat time in the United States, was a task which has never been at­ w.e believed that it was wise and just and proper to conduct the tempted before in this country by private parties. The result is, that each one of service upon the basis on which we find it to the end of this fiscal our stations is a fort, as we must keep men enough to guard our stock, for if they year, and at the same time await the action of the Honse in its search are stolen by Indians the mail would stop, and the Government does not pay us for stolen stock, and we cannot afford to suffer the loss. They do not even bury for the thieves, and if they :find them the Committee on Appropria­ onr men who are killed. We must prot,ect three hundred miles of mail communica­ tions will be among the first, without distinction of party, to aid in tim, which the Government was not able fully to do before our day, thereby saving punishing them, whether they be found in the Department or among more than $500,000 per year. Again, the Government pays for transportation of the contractors; but we did not feel warranted or justified in strik­ soldiers and supplies on the strai~ht line over which we have built a road, and on which we travel more than one nundred miles a day, thereby saving the cost of ing down the public service on suspicion, in lessening the mail service one hundred and fifty miles of transportation, which amount.s to a very large sum. to the people in the absence of positive proof, or of any proof, nor On the slow time and the small mail we could get along with thirteen animals did we feel justified in ruining men financially who are not found to and twelve men, as we could travel, like the Arno, with our tents and provisions, making twenty-five in all. By e:xpeditiou to fa.'lt time and six trips per week, we have been guilty of complicity with fraud or tainted with corruption. estimated it would take ono hundred and fifty men and one hundred and fiftv ani­ We have guarded this subject in regard to the future by adding the mals; but to-day we have two hundred men on the line shoveling snow, a.nu two proviso I have already read. When wrong is found the S~nate, act­ hundred animals. We make every trip, although the railroad cannot make one ing in its'jndicial capacity, will be ready to try and to purush, I have trip in two weeks. Onr animals' legs are skinne

improve, the safer and the surer shall we make that possession itself. But we are it because I knew that the good of the country and the good of the told that this scheme departs from the theory upon which the postal system of the State which I in part represent needed the establishment of that United States was founded in bygone and better da.ys- route. Yon will find on page 22 of the book from which I read a let­ We hear that every day now- ter from Austin, Texas, dated July 14, 1878, addressed to the Post­ a.nd that onr fathers were wiser and more honest men than we are. I have no master-General, asking the expedition of time on that route, the in­ doubt that our fathers were as wise, a-0cording to their light, as their sons ; but I crease ot speed between the terminal points, Fort Worth and Fort shall be slow to believe that the world is degenerating so, and we are more corrupt even than onr virtuous ancestors of the revolutionary period. But however that Yuma, and that is signed by J. W. Throckmorton, then a Represent­ may be, and whatever may have been the post.al theories of our fathers, they ative in Congress from Texas; D. C. Giddings, likewise a Represent­ adapted their system to the condition of the country as it then was. It had no ative from that State; JOHN H. REAGAN, then and now a member distant possesslons, no Pacific coast, but all its possessions were upon the Atlantic from that State; R. B. Hubbard, governor of that State at that time; coast, and were principally compact; and they framed their J?OSt.a.l system for the accommodation of the dense community which then constituted the American H. H. Boone, its attorney-general; J. G. Searcy, secretary of state, people. That community swelled out westward across the Alleghany Mountains, and J. D. Stephens, State senator from one of the districts, upon and as fa.st and as far as they s:pread out westward the mails of the United States which I placed an indorsement urging what was recommended in followed and kept up a connection between them and the original stock on the At­ that letter. lantic shore. It has been the policy of the Government-perhaps it was compulsory on the These are the documents: people of the United States-to extend their sway to the Pacific Ocean, and so AUSTIN, TEXAS, Jtdy 14, 1878. across deserts and mountains considered impassable. Consequently onr J>Ostal Sm: We, the undersigned, citizens and members of the Texas delegation in Con­ system, however wisely organized in the first place must be changed and adapted gress, most respectfully and urgently request that service on route No. 31454, from to the changed condition of the country. If it is desirable to have California at Fort Worth, Texas, to Yuma., Arizona, be im::proved by increasing the rate of speed all, it is equally desirable that we shall have the customary mail communications thereon, so as to insure the through trip beIDg made in thirteen days instead of with that country. When I shall be found unwilling to extend those facilities to seventeen days, the present schedule time, and, as some of our reasons therefor, we that portion of the American people residing there .I shall then be willing, for one, respectfully submit the following for your consideration, namely: , to release that portion of the American people from their obligation to remain in 1. The unprecedented and marvelous rapidity with which. that section of the this Union, and allow them the revenues which will arise from their commerce to country is settling up. 2. The commercial importance of the large and growing establish the communications they will require with all the nations of the world. towns, particularly the county.seats, on the route, and the disadvantages they labor under by reason of the distance they are from the railroad and telegraph. 3. The That was the utterance of one of the greatest minds of that day fact that communities with less claims are favored with equal, if not superior, mail and time in the .Senate of the United States; and notwithstanding facilities than are herein asked for. 4. And finally, we submit that it is in further­ that debate was long and close, when the vote came the bill passed ance of a wise and beneficent policY. to lend encouragement and aid, as far as pos­ sible, especially with regard to mail facilities, to the brave and enterprising people by a vote of 24 yeas against 10 nays. What has been the result t who are settling in and building up onr frontier oountry. Every single prediction made by the friends of the bill on that occa,­ We have the henor to be, very respectfully, sion in 1857 have been followed out with splendid consequences, and J. W. THROCKMORTON. every reason given by Mr. Seward applies with equal force to-day. D. C. GIDDINGS. Hon. D. M. KEY, Mr. Rusk said of the me:fsure that it-- Postmaster-GcM:ral, Washington, D. 0.: Will be not only an entering-wedge­ I join in the recommendation for increased speed in the service on this mail­ The establishment of this route- route. JOHN H. REAGAN. but contribute in a very great degree to settle up the line of travel between the R. B. HUBBA.RD, Governor. Atlantic and Pacific States, an object that should command the attention of Con· H. H. BOONE, Attorney-Gtneral. gress, and I cannot well see why there should be opposition to it. J. G. SEARCY, Secretary of State. J. D. STEPHENS, That 'was in 1857 when Nevada, Colorado, and all that country be­ State Senatnr Twenty.FOt£rth District. tween the Sierras and along the line of the Rocky Mountains was a I hereby concur in the foregoing recommendation. My reasons are stated in a wilderness. It was the opinion of that sagacious man, Thomas J. separate communication addressed to the Postmaster.General. Fort Worth, from Rusk, that the effect of this would be to open up settlements all along which I write this, is the present western terminus of the Texas and Pacific Rail­ the line of that route. What has been the effect' You aee here way, and the eastern terminus of the sta~e line on route 31454. Within the last few years it has increased in population from a small town to a growing young city fr8m what was· then a wilderness Senators from Nevada, Senators of several thousand. The number I do not know, but it does a large wholesale and from Colorado, and other of those Territories rapidly preparing to retail business. The country' between it and Concho is rapidly increasing in pop­ come in as additions to the sisterhood of the Union, and all in that ulation and wealth. I do not believe there is a. route of more importal\00 in the country which only twenty-three years ago was declared to be a wil­ United States, or one more deserving the fostering care of the Government. I urged its establishment, and results have proved the fitness of the claim. derness impassable even by an ordinary wagon-road. The policy now S.B. '....AXEY. proposed is simply the pursuit of the policy which was then inaugu­ FORT WORTH, TEXAS, Jtdy 29, 1878. rated and wisely so. Why Mr. President, in the progress of that debate to which I have In that indorsement I referred to a letter which I had written, and referred allusion was made deprecatingly to the policy of reducing the that letter is as follows. It appears to have been written from Wash­ postage to three cents per letter under three thousand miles, adopted ington, and that resulted from the fact that it was written on ordi­ in 1851; and that measure, I am rejoiced to say, so beneficial, filled nary note-paper like that used here, headed as it is, and I neglected with so many blessings to the American people, was carried through to rub out the word" Washington" and put in my own post-office. this body by General Thomas J. Rusk, who at that time occupied the It is printed here 1879, but it was written in 1878, in my library a.Ii same position on the Post-Office Committee that I do to-day. It was home: :. JULY 22, 1878. through his management that the bill reducing postage to three cents Hon. D. M. KEY, was adopted, which has shed so many blessings over this great peo­ Postmasrer-General, Washington, D. O. ple of ours; and the only remaining Senator who was in the Senate DEAR SIR: I beg to call your attention to the important stage route from Fort at that time and who is here now, standing at this moment by the Worth to Fori Yuma. presiding officer, the Senator from Maine, [Mr. HAMLIN,] has his vote I presume no country ever settled up with greater rapidity than the country west of Fort Worth, and the stream of immi~ation is still fl.owing in. New settlements recorded to his honor in favor of a reduction of postage to three of course require additional postal facilities. An additional post, I am informed, is cents below three thousand miles ; yet that was derided and abused to be established on the old post remanned at El Paso. as ruinous to the revenues of the Government, and still it is a fact That was in 1878, just after the diabolical murder by Mexicans of that the letters and postal cards not only pay their own way but add Judge Charles Howard, of Texas, at San Elisario, and troops moved from three to four millions of dellars of revenue over and above down there into what was formerly occupied as a. fort, old Fort Bliss, all expenses to the postal revenues of the country, and which are as it was temporarily remanned; but knowing the importance of a absorbed in transportation of second, third, and fourth class mail post at that very point along the line of this road, I introduced a "hill matter. making an appropriation of $40,000 for the establishment of a post Sir, if it be true, as this preamble says-and that is one portion of there permanently, which bill is to·day a law and they are building the Appropriation Committee's report that I do not agree to-that that post. It is the act of the 4th of February, 1879, volume 20, the Post-Office Department has produced a deficiency by disregarding Statutes at Large. the law which pro)libits the expenditure of money in excess of ap­ propriations, and the making of contracts which involve the Govern­ In the unsettled condition of onr frontier problem, this is a point to be looked to, and speedy connection with the distant El Pa.so country important. I was an ment in the payment of money in excess of appropriations, then early and have been a consistent advocate of this great line. I do not believe and what course should be pursued toward the Post-Office Department at the time the contract was let out did not believe it could be maintained at the if it has corruptly and willfully violated the laws t And what can ruinously low figures at which it was let out. I am informed that the route has be said of those who as accessories before the fact went to the Post­ been well stocked, and, from my knowledge of Major Adams, I am fully satisfied that an honest effort will be made to comply with the contr&vt; yet it cannot be master· General and urged him to itf What is here charged as a wise policy to secure valuable service at unreaso~i:~!\ low rates. I believe the violation of law, before I get through, I will show so conclusively time should be expedited for two reasons: First, I · it necessary to maintain that I believe no lawyer will gainsay the proposition, was not a viola­ service on this great and important line, which, if not broken down at present rates, will be apt to materially damage the contractors ; second, I believe the in­ tion of any law. creasing needs of this rapidly developing country not only justif1J, but, in my judg­ The Senator in charge of the bill referred to the route from Fort ment, make it the du~ of the Department to put this great line on.a solid basis a~ ' Worth to Fort Yuma, and I learn from manypapersthatthathas been reasonably remunerative rates to the contractors. one of the grand objective points of the attack which has been made Most respectfully, your obedient servant, upon the star service west of the Mississippi River. Mr. President, S.B. MAXEY. if there be a man living who ought to be held responsible perhaps That is what I said then. That is what I to-day think. A recommen­ more than any one man for the original establishment of that route dation was made for the same route by Major Stevens, Delegate from ruid for the expedition of service on that route, I am the man. I did Arizona; J. K. Luttrell, member of Congress from California; Nathan 1880. CONGRESSIONAL RECORD-SENATE. 1551 ,,. "''(~_/.n1_i.-.. Cole, Representative from one of the Saint Louis districts; L. S. Met­ era! Sherman's letter, dated January 16, 1879, in referring to this he calfe from the same State; numerous officers of the Army; 0. B. Wil­ says: cox general commanding the Department of Arizona; John Wasson, ·. T.he establishment of these transcontinental roads, such as the Yellowstone, snr~eyor-goneral of that Tetritory; James H. Toole, mayor of Tucson; Platte, Arkansas, and El Paso, has done more to settle the everlasting Indian ques. A. P. K. Se:fford, the governor of Arizona Territory; numerous post­ tion than all the laws of Congress. masters; Levi Ruggles, receiver, and Charles D. Poston, register, of I have not a doubt of the absolute correctness of this statement and the land office of Arizona at Florence; S. C. Slade, collector of cus­ opinion. I believe that literally true, and having in viewtheestablish­ toms at El Paso; H.F. PAGE, Representative from California; George ment of that route I believed that it would aid very greatly in solving C. Gorham, formerly Secretary of the Senate, and a memorial was this Indian problem. Why T The men who establish these great signed by G. W. Gentry and 67 others of Stephensville, Texas; Will­ routes like the Fort Worth and the Yuma route and the Vinita and iam s:Vutt and 61 citizens of Tom Green County, in which Fort Las Vegas route have to establish their stations; they have to do Concho is situated; C. C. Cummings, county judge, and other county their own cooking, their own washing, dig their own wells, haul their officers, and 500 citizens of Fort Worth, Tarrant County; T. F. Raw­ provisions and their corn and forage sometimes for more than one hun­ lins postmaster, and 57 others, citizens of Throp Springs, Hood dred miles. They have to be organized into something like a mili­ cou'nty, Texas; Charles E. Williamson, county judge of Comanche tary organization for the purpose of defense ; they are fearless, and County, Texas, and 83 others; and so it goes along through till we the best shots to-day in America are the stagemen along the line of come to the indorsement of the Saint Louis Board of Trade. Here it these great trunk routes which are now attempted to be struck down, may be asked, why should the Sa.int Louis Board of Trade care any­ and their courageous acts when occasion deman4 prove their value. thing in regard to the postal facilities of Northern Texas and North­ On the route from Santa Fe to San Antonio, in 1857 I believe it was, western Texas. Sir, Saint Louis gathers into her storehouses a. large old Bi~-foot Wallace, now living, drove a stage. He was attacked a.mount, say 250,000 bales, of cotton from that region of country. Kan­ by Indians, and managed to get his stage into the station, where he sas City and Sa.int Louis get thousands of dollars' worth of our cattle was joined by his men. The Indians overcame them, but in the and they sell millions of dollars of goods to that people, and there­ mean time he had taken the mail, and he carried that mail upon his fore Sa.int Louis is deeply interested in the success of that country. back some thirty or forty miles into Fort Davis and thus saved it. A Another is from Brown County Texas, with over 100 signatures, and similar deed was done by Jim Spear, another of these men, in I be­ T. Romero, Delegate from New Mexico, also indorses the application. lieve the year 1857. They are men of daring, men of courage. These Now, what has been the result of that f When the route was estab­ stage contractors are bound to get such men, or they lose their stock lished it was fifteen hundred and sixty miles long. It was originally and their whole contract is broken up. Thus the Government of the established in 1878. During the panic the work on the Texas Pacific United States gets the benefit of that class of men without its costing road had ceased. It had gone no further than Fort Worth. Work them anything to aid the troops in protecting: the frontier and the upon the California Southern road was not an assured success so far settlements, which always grow up around these stations. as moving east wa-s concerned. What is the case now f That route So much for that. The establishment of these two routes, I believed has already been reduced to fourteen hundred and twenty-six miles then and I yet believe, was right and proper. They a.re building a by the extension eastward of the California. Southern Railroad, and railroad now from Corpus Christi to Laredo, in Texa-s, and that road now a contract has been let out whereby in a very short time the has gone as far as Collins westward toward the Rio Grande. A con­ railroad will be completed from Fort Worth to W etherford, Texas, tract has been made from Collins, the western terminus of that road, thirty-five miles further on; and for one hundred miles further west to Laredo. That is one which goes down among these one hundred of that a contract for the grading, &c., of the railroad has been let out. and seven routes doomed by the House bill. Upon the application AB these two railroads, the Texas Pa-0ific and the California Southern, for that General Ord, the commander of the Department of Texas, a approach each other, the necessities of the filling up of that link clear-beaded man of sagacity, says in approving it: between the two railroads become greater and greater every day, Besides the increase here proposed, there is great need of increased and better because the effect of the building of these railroads is to carry immi­ mail facilities between Laredo and Rio Grande City, the post-office for Fort Ring­ gration along with them, and the more immigration that is carried gold; at which post there is a large garrison, and from which quite frequent com­ out and dropped along the line of the roads as they advance, the plaint.a have come of inadequate mail facilities. greater the necessity for postal facilities. That I approved, calling special attention to his indorsement. Peti­ Hence that route to-day is more important than it was when it was tion after petition came up of like character. Here is one indorse­ established in 1876. The route every day is growing more and more ment by Captain Kauffman, commanding the post a.t San Diego. important, because every day the space between the eastern termi­ Speaking of this he says: nus of the California Southern and the western terminus of the Texas Had such means of communication existed last April, many valuable lives might Pacific is growing less and less, and the population increasing all the have been saved by timely notice. The fa-0t that the country is now quiet is no time. West of Fort Worth, along the line of this road, is a magnifi­ security, but is due to the present strength of the Diaz government, a factor that cent country, filling up more rapidly than any country that I have cannot oe relied on in Mexican politics. ever known in the same length of time. Why, sir, when Concho, in After receiving many letters on thi.s subject and indorsing petitions Tom Green County, was made a point on this route there was scarcely to the Second ABsistant Postmaster-General, urging him to establish anything there but a little fort. Not four years have gone by, and this line, I wrote this letter of April 16, 1879, and it was indorsed to-day alongside of that fort· is a villa.se of some :five hundred inhab­ with approval by Mr. H. D. MONEY, chairman of the Committee on itants, and Tom Green County is settling up rapidly; and it was but Post-Offices and Post-Roads of the Honse of Representatives, to the other day that the General of the Army told me that he was going whom a like communication had been transmitted: to·move the post at Concho still further out west and northwest, so as I am impressed with the belief, and shall, when I ean secure time, make it aP­ to protect the people who are spreading out beyond Fort Concho. pear in a communication to you on that point, that increased mail facilities around That is one of the routes which are attacked, and I have shown who the entire Rio Grande front would be a splendid cordon of picket.a in many ways indorsed that. There is another route from Vinita in the Indian Ter­ and do much t.oward establishing peace on the border, and thus a measure of wise ritory, in the Cherokee Nation, to Las Vegas in New Mexico, across economy. · the pan-handle of Texas, traversing that one hundred and si.xty-seven I believed that then ; I believe it now ; I believe that all these and a half miles. I indorsed that. I believed it a wise thing to do. great trunk lines. these star routes, are civilizers. They carry popu­ I believed it would aid in settling this terrible Indian problem in that lation along with them, they aid in the building up of settlements, country. It will help to bring peace_and the road will carry with it and from these trunk lines spring out, as from a railroad, lateral lines, population, and thus as the country settles up the necessity for troops and thus the whole country, all these frontier settlements, ultimately in that region will decrease. That precise effect has been had so far get the benefit of the routes. as the building up of that stage route is concerned, and already there But it has been said that the expense of this is enormous-we had is a fine town, Mobertie, near to Fort Elliot, in the pan-handle of Texas, better go back to the earlier and better days. We always hear about along which that stage line runs, and it has several hundred inhabit­ these earlier and better days. Mr. President, I have made a compar­ ants. The county of Wheeler has been organized in that pan-handle ative calculation of the expenses of the great routes which I men­ which but a few years ago was a wilderness, and some ten post-offices tioned a while ago, established from 1850-to 1864, with the Fort Worth have already been established on the line of that stage route, and route expedited to $299,000 a year. I find that the route from Inde­ they are constantly increasing. pendence to Salt Lake was eleven hundred miles long, one trip per I find that that -route is indorsed by J. J. INGALLS, Senator from month, one and a half miles per hour, and the pay was $19,500. The Kansas; T. Romero, Delegate from New Mexico; by myself; by John rate per mile, on the . basis of once-a-week service, was $77,000. If D. Miles, United States Indian agent for the Cheyennes and Arapa­ one trip a week cost $77!000 for one mile, how much would one trip hoes; by my distinguished friend to my left, A. H. GARLAND; by my a week cost for fifteen .hundred and sixty miles, the length of the colleague, RICHARD COKE; by numerous and sundry others, Messrs. route from Fort Worth to Fort Yuma f And if one trip cost that Cole, Met_galfe, Anthony Ittner, and ERASTUS WELLS, Representatives much, how much would seven trips per week cost 7 Yon will -find porn Missouri; William A. Phillips, member of Congress from Kan­ upon the same ratio precisely of the contract from Independence to sas; J. w. Throckmorton, D. B. CULBERSON, JOHN H. REAGAN, and Salt Lake the Fort Worth and Fort Yuma route would to-day cost the OLIN WELLBORN, Repret1entatives from Texas; L. C. Gause, Repre­ Government $758,361. It does, in fact, cost $299,000. It is cheaper sentative from Arkansas; S. W. Dorsey, D. C. HASKELL, THOMAS RY­ than that route was by $459,361 per annum. AN, Senator F. M. COCKRELL, Senator J. D. WALKER; T. M. GUNTER, Take the next term, 1854 to 1858; the pay was $36,000 per annum, Representative of Arkansas; GEORGE W. JONES, present Represent­ for one trip per month; and at the same ratio the Fort Worth to ~tive of the Austin district of Texas; by General J. W. Davidson, Fort Yuma route would cost $1,400,061. So comparing it all the commanding at Fort Elliott; by General W. T. Sherman; and in Gen- way down, even to the last route which was established, from 1861 to 1552 CONGRESSIONAL RECORD-SENATE. MARCH 15,

1864, the difference will be found immensely in favor of the Fort What law! What law has been disregarded f We are told this is Worth and Yuma route. The great route, Saint Louis to San Fran­ the law: ~isco, was two trips per week, the contract price $600,000, and that SEC. 3679. No Department of the Government shall expend, in any one flscaJ by special act of Congress. The Fort Worth route upon the same year, any sum in excess of appropriations made by Congress for that fl.seal year, oi;. basis would be $1,038,098instead of $299,000, which it is; and at the mvolve the Government in any contract for the future payment of money in exces!l rate of the route from Omaha to Sacramento would be $1,148,757, in­ of such appropriations. stead of $299,000, as it is. If the Postmaster-General had already expended $5,900,000 which · So I begin away back in the good old democratic days in 1850, and have been given to him l>y Congress for this Pm:POSe, then there I trace it down into the republican days from 1861to1864, a.nd I show would be some reason for that charge; but of that amount he had on that this route is immeasurably less expensive than either of those the 31st day of December at the close of the first two quarters of the grand routes which were established for the purpose of giving the fiscal year expended 3,452:771.40, which taken from the appropria­ people of the frontier the benefit of mail facilities. tion of $5,900,000, left in his hands a balance at that date, the 31st of Mr. President, I have shown that these routes were established at December last, of $2,447,228.60. the instance and request of both the Senators from 'rexas, the Rep­ Then the estimates are made for the next two quarters: the first resentatives from that State, the governor of that State, the two quarter of the current year $1,800,000 in round numbers, and for the ·senators from Arkansas, tha Senator from Missouri now upon the second quarter $1,799,000, total $3,600,000. With the balance on hand floor, '[Mr. COCKRELL,] and I should have added his late colleague, December 31, only $2,447,000, there is a contemplated deficiency, pro­ Senator Armstrong, and a number of Representatives from that State, vided the business is conducted on the same sea.le on which it is con­ the governor of Arizona, the governor of New Mexico, and all the ducted now, of $1,155,538.60. To that must be added $40,000 for serv­ officers of the Army along the lines of these routes up to and includ­ ice for the special post-offices, raising it to $1, 199,000, and from this ing the General of the Army. All concur in the wisdom and sound should be deducted fines amounting to $101,659.80. I would say at .policy of this, and Army men take the ground that it is of advantage least in the item of fines the Postmaster-General has been reasonably in solving and settling the Indian question, and therefore it is a meas­ prompt. ure of wise economy. Mr. DAVIS, of West Virginia. Will my friend allow me a word on Now, Mr. President, let us look and see whether the Senate of the that point f He argues that the Postmaster-General has judiciously United States in fair dealing and jnstice between man and man-and and properly expended this money. If so, why are we considering that is what we all want-can say that the Postmaster-General should an $1,100,000 deficiency now f Why is that °l If the Senator's posi­ be brought here in the manner in which he has bee.n brought here. I tion is right we ought to pasa no bill. I will not ask the Senator why agree with the Senator from Pennsylvania. that whenever fraud, cor­ the order was given to stop the mails. ruption, complicity, crookedness, is brought home to these men in the Mr. MAXEY. If the Senator from West Virginia had watched the mode and manner known to the Constitution of our country, no man legal argument which I have made he would have understood that living will do more than myself toward brin~ing them to that punish­ bis question has no application whatever. It does noi; turn upon the ,, ment they would in that case so jnstly merit. But it will not do in question, should the Postmaster-General have exercised his· discre­ this country to be making wholesale, sweeping allegations without a tion, but was he justified in its exercise f He is charged in the pre­ scintilla or shadow of proof, and the Senator in charge of the bill says amble with violating the law, and I say he has not done it. That is the committee had none against anybody. Sir, we have in that grand the point, and I propose to prove it. Sermon on the Mount for its conclusion, "Therefore, all things what­ As I have stated, at the time he made this communication to Con­ soever ye would that men should do to yon, do ye even so to them; gress on the 6th of December, 1879, there were then, and np to the for this is the law and the prophets." Would we want charges, sus­ 31st day of that month, twenty-five days after that, $2,447,228.60 in picions, innuendoes brought in against any one of us without a scin­ his hands. He then notified Congress that this a.mount would not tilla or shadow of proof, and that, too, in a place where your month is conduct the business for the next two quarters of the fiscal year as gagged, where you cannot open your month to say one word f That he had done it the previous two quarters, and for that reason he asked is not fair dealing; that is not just. The Postmaster-General himself, Congress to give him an additional amount in order that the business in his annual report, called attention to these two laws, and said that: might be conducted on the same basis. He gave his reasons why he made that request, for he said, what we know to be true, that since The operation of the present laws regulating the increase of compensation for ·increased speed, and increased frequency of service upon star routes results in business had revived after the disappearance of the panic last fall the great loss to the Government. postal business had revived amazingly. And let me give an evidence of it; for I say to you the Post-Office Department, as a close inspec­ That is like the utterance of an honest and upright man who calls tion will show, is as good an indication of business as the barometer attention to these laws. He is not responsible for these laws. The is of the weather. If you will compare the postage receipts for the ·Second Assistant Postmaster-General in his report, which will be found year 1879 with the year 1880 you will find that there were collected on pages 54 and 55, for the same year does the same thing. He calls from postage-stamps, stamped envelopes, and postal cards for the attention to these laws, declares that under them the Government may month of February, 1879, $1,948,104, and for the corresponding month be injured, and asks that the laws be amended. What else T A bill of 1880, last month, $2,241,978.22, or an increase in the revenues of waa introduced in the House of Representatives on the 2d of June, the Post-Office Department from the items of postage-stamps, stamped 1879, to provide for regulating the manner of expediting schedules envelopes, and postal cards a.lone, in one single month, of $293,874.22, on mail-routes, and it was referred to the Committee on Post-Offices which for twelve months would amount t-0 $3,326,490.04 increase of and Post-Roads of the House of Representatives, and ordered to be postal revenues this present year over last year. As an evidence, in printed, and on the 16th of December, 1879, Mr. MONEY, the chairman the country where I live the people have, last fall and winter, received of that committee, reported back from the committee the bill now large amounts of money from their crops of cotton; the great West before me as a substitute for House bill No. 3013, laid upon our tables, have their millions of money circulating that they received from their which does provide for the modification of those laws in such a man­ magnificent crop of wheat; and the whole country to-day is on the ner as to save the Government; and yet that bill has lain from that up-grade; business prospers everywhere, and as that business pros­ day to this and not one step has been taken in the House, so far as the pers the revenues of the Post-Office increase correspondingly. RECORD shows, toward getting the country rid of these very laws Mr. DAVIS, of West Virginia. My friend gives facts as to the in­ which the Postmaster-General and the Second Assistant Postma.ster­ crease of the Post-Office business and the increase of revenue· but General have called the attention of Congress to, and yet they are let me ask him what becomes of it T Does it go into the Treasury f blamed because there are such laws. That very fact shows that there ought not to be a deficiency if the I am no spe!)ial defendtir of any man in a.ny of the Departments. Post-Office revenue is increasing as largely as the Senator says, and I have never been in love with the present administration. I think I admit it. Bui what becomes of it f It is used by the Post-Office; I have given evidence of that fact, but I believe in doing right, I and there should be no deficiency ; and that is one of the reasons why believe in doing to others as I would have them do unto me. I believe we think there has been improper use of the amounts heretofore ap­ in that great principle laid down in the golden rule in the Sermon propriated. We think so from the fact that there is a large increase of on the Mount, and until I see some evidence, until some evidences revenue, and that increase has been used by the Department. Every are brought here of foul dealings, I am not prepared for one to make dollar of it is already appropriated for the use of the Postmaster­ grave charges against officers, the effect of which will be to destroy General. The more stamps are sold and the more general the increase their reputation. of the Post-Office revenues, the less excuse is there for a deficiency ; Now, Mr. President, let us look at this preamble. In the first place but instead of prevonting a deficiency the deficiency is growing larger. there is no necessity for this preamble, because it does not aid the The Senator says himself that the Postmaster-General has told us th!lot bill at all. It is not necessary to explain the bill. The bill is to pro­ he wanted two millions instead of one. · vide for a contemplated deficiency, not a deficiency now existing, for Mr. MAXEY. I gave way for a question, not for a speech. there is none, and the Postmaster-General tells you distinctly that Now, Mr. President, I shall reply as best I know how. The Sena­ there will not be any, but it provides for a contemplated deficiency tor wants to know if these three or four million go into the postal in the event that the postal service is conducted on the same scale revenues over and above that which is necessary to carry the letters on which it is conducted now. The preamble charges that- written by the ~reat mass of the people, what becomes of. that Whereas there is a deficiency in the appropriations made by Congress for the three or four mil hon dollars T I would ask if the Postmaster-General· star post.al service of the United States for the fiscal year endin~ Jone 30, 1880, has spent one solitary dollar except what he is authorized to spend call80d by the Post-Office Department disre~arding the law which prohibits the expenditure of money in excess of appropriations, or the making of contracts by law. If he has, then come forward with your charges. If you which involve the Government for the payment of money in excess of appropria­ cannot establish that, then blame your laws for wasting, as yon call tions. it, that three or four million. Where does it gof You carry your • 1880. OONGRESSIONAL -RECORD-SENATE. / 1553 newspapers, and we all know how that was done, through the mails said schednle is altered by the authority of the Postmaster-General of the United at a rate which does not pay back into the postal revenues what has States, as hereinafter provided, and then to carry according to such altered sched­ ule; and in all cases to C31TY. said mail in preference to passengers and freight and to be paid out of those revenues for carrying them. Yon carry your to their entire exclusion if its weight, bulk, or safety shall so require. And that. periodicals and all that at a cheap rate, and then you carcy four­ they will carry the mail, upon demand, by any conveyance which said contractor pound packages of merchandise at an expense of one cent an ounce. re~rly runs, or is concerned in running, on the route, beyond the number of trips above specified, in the same manner and subject to the same regulations as Yon carry four pounds of merchandise for sixty-four cents when yon are herein provided touching regular trips. charge three cents for a half ounce of letter. If half an ounce of 2. To carry the mail in a safe and secure manner, free from wet or other injury. letter cost three cents what ought sixty-four ounces of this mail-mat­ under a sufficient oilcloth or bearskin, if carried on a horse, and in a boot under ter to cost at the same ratio f The postal revenues are expended be­ the driver's seat if carried in a coach or other vehicle. 3. To take the mail and everv part thereof from, and deliver j t and every part cause your second, third, and fourth-class mail matter does not pay thereof at, each post-office on tlie route, or that may hereafter ha established on its way. We make the laws. I am not saying that those laws are the route, (or on any route that may hereafter be established :llld to which this unwise,' because I am not one of those who care so much whether the contr:Mlt may be extended as hereinafter provided,) and into the post-office at each Post-Office Department pays its way or not, so the people get the end of the route, and into the post-office, if one is there kept, at the place at which the carrier stops for the night, and if no post.office is there kept to lock it up in benefit and want the facilities. some secure place at the risk of the contractor. I believe that the postal service is nearer to the people than any They also undertake, covenant, and agree with the United States of America. other service in this entire Government. The letters are carried and and do bind themselves, jointly and severally, as aforesaid, to be accountable and spread all over this great land by this system, from the Atlantic to an.swerable in damages for the person to whom the said contractor shaU commit the care and transportation of the mail, and his careful and faithful performance the Pa.cific, from the shores of Florida up into the ice-bound regions of the obligations assumed herein and those imposed by law, not to commit the of Alaska. The mails go everywhere. Under our Constitution the care or transportation of the mail to any person under six1;t)an years of age ; to United States has a monoply of the mails; and having made it a discharge any carrier of said mail whenever required so to do by the Postmaster­ General; not to transmit, by themselves or either of them, or either of their penal offense for private carriers to carry the mails the United States, agents, or be concerned in transmitting, commercial intelligence more rapidly than which has exercised this monopoly, ought to do it so that the people by mail; not to carry, otherwise than in the mail, letters, packets, or newspapers all over this great land of ours may have their mails and have them which shonld go by mail, or convey or transport any person engagecl in carrying at reasonable prices. That is my belief about it; and whether to letters, packets, or newspapers which should go by mail; to carry post-office blanks, comply with that requires more than those revenues is not the pri­ mail-locks and bags, and other postal supplies, and also the special agents of the Department on the exhibition of their credentials, if a coach or other suitable con­ mary question. The primary question is to see that everybody gets veyance is used, Without additional charge ; to collect quarterly, if required by the his mail. Postmaster-General, of postmasters on the route, the balances due from them to I have shown that so.far as section 3679 is concerned it is not vio­ the United States on their quarterly returns, and faithfully to render an account tnereof to the Postmaster-General in the settlement of the quarterly accoµnts of lated, because the fiscal year is not out, and for the last two quarters, said contractor, and to pay over to the Auditor of the Treasury for the Post-Offioo this being the third quarter of that year, t4ere are nearly two millions r~:~ent, on the order of the Postmaster-General, all balances remaining in his and a half of dollars left over December31, 1879, to go on these quarters. The Postmaster-General in reply to the Appropriations Committee dis­ * It is hereby stipulated and agreed by the said contractor and his suretie:i that. tinctly told them that he not only had now no deficiency whatever, the Postmaster-General may discontinue or l.'lxtend this contra.ct, chauge tho sched­ but that be would not have any, for if Congress neglected to make ule and termini of the route, and alter, increase, decrease, or extend the service, the necessary appropriations for the public business as it is now car­ in accordance with law, he allowing a. pro rata increas"e of compensation for any ried on, he would simply out down the service so as to fall inside the additional service thereby required, or for increased speed, if the employment of additional stock or carriers is rendered necessary ; and, in case of decrea:m, cur­ law, inside of the revenue allowed him, and create no deficiency. tailment, or discontinuance of service, as a fnll indemnity to said contractor, one I come then to these sections 3960 and 3961. 'l'hey have been read month's extra pay on the amount of service clispensed with and a p ro rata com­ over and over again, and I shall not read them now. It is perfectly pensation for the service retained: ProlJided,, however, That, in case of increased clear that by law Congress has authorized the Postmaster-General to expedition, the contractor may, upon timely notice, relinquish the contract. give compensation for additional service on established routes, and And it is hereby further stipulated and agreed by the said contractor and his bas authorized the Postmaster-General to expedite service or increase sureties that the Postmaster-General may annul the contract for repeated failures; the speed with which the service is carried between the terminal for violating the postal laws; for disobeying the instructions of the Post-Office points of a particular line. The law is upon the statute-book. It is Department; for refusing to discharge a carrier when required by the Depart­ within his discretion to determine when he shall put that increased ment ; for transmitting commercial intelligence or matter which shonld go by mail, contrary to the stipulations herein ; for transporting persons so engaged as service on. It is for him to determine when he shall expedite the aforesaid; whenever the contractor shall become a postmaster, assistant postmas. service, and he must do it like any other man, according to the best ter, or member of Congress; and whenever, in the opinion of the Postmaster-Gen­ evidence before him. I have shown that the Board of Trade of Saint eral, the service cannot be safely continued, the revenues colwcted, or the laws Louis, tile Merchants' Exchange, the Cotton Exchange, the Senators maintained on the road or roads herein. from Missouri, the Senators from Arkansas, the Senators from Kan­ I say that this contract is one of the most rigid and exacting of all sas, the Senators from Texas, a host of Representatives, and mer­ the contract.a that I have ever seen entered into between man and chants everywhere, county organizations, and people all along the man. In strict·compliance with the law the Postmaster-General has line-that he had all this evidence before him, and upon that evi­ kept inside the $5,900,000, having at the beginning of the present dence he exercised the discretion. In my judgment he would not quarter, which is the third quarter of the fiscal year ending June 30, have done his duty had he not exercised this discretion as he did. If 1880, nearly two millions and a half in his hands. He tells the com­ the law did not intend to give him discretion, why was it framed so mittees, "I do not intend to transcend that sum. If Congress allows as to give it unmistakably Y Its exercise, of course, must be within this money I will go on as I have done, giving the benefit of the star the law, but if such overwhelming testimony as I have shown did service to the poor man, because it is the poor man's mail." It is the not only justify but demand the exercise of that discretion', then the poor man's mail. I can understand why a capitalist living in the I.aw does not mean what it plainly says, which is absurd. city of New York or elsewhere, who has his mail laid down on his That is the law. I did not make it, nor did the Postmaster-Gen­ table three, four, five, or six times a day, may not feel any very great eral. That law does not permit him to throw up that contract and amount of interest in this star service. I can understand how the readvertise, but the expedition or increased service, as the case may people of the frontier; how the army, stationed out there to protect be, must be given according to the law to the man who holds the con­ the frontier; how the men who have gone out there to build up their tract. Therefore in putting on additional service or in expediting the fortunes, and are separated from the old land andfrom theirfriends­ time be unquestional>ly bas not violated the law if he has not allowed I can understand how this is to them a blessing and only a blessing. more for the increase or for the expedition than the law allows, and I can understand that the striking down of the star service would b& that is not claimed. the greatest grievance that could be inflicted upon the poor men of It is said he has made contracts which involve the Government more this country. than the revenues derived from the postal service. Is that true f The Postmaster-General says that if Congress will not make the Here is the law in full force: appropriation then he will give the month's notice; he will reduce SEC. 3958. Whenever it becomes necessarytochangetheterms of an existing con­ all these contracts, pay the month's extra pay, and he will, as he tract for carrying the mail otherwise than as provided. in the preceding section- answered the Senator from Kentucky, stop that banking man of Which has no application here- North Middletown from carrying on the national bank any more, be­ notice thereof shall be given and proceedings had thereon the same as at the letting cause that man says, as is in the evidence here, that if the mail is of original contracts. . reduced down to once a week he will have to stop his national bank. Therefore, when a necessity exists for setting aside these contracts I have been trying to find a patent-right for stopping t hese national what does he have to do i Nothing in the world but to give the notice banks for a good long while. If the Postmaster-General has fallen which he gives for thirty days and readvertise and let out these con­ upon a good and efficient plan to get rid of national banks I would tracts. The rule which has been adopted is that before be can dot hat, as vote for the extension of the patent to h im for his life. I think it the assessed damages shown upon the face of the contract itself, one would be the most laudable thing ever done for the people of this month's extra pay must be given. The contract can be terminated by country. But in regard to this North Middletown banking man the giving the notice and one month's extra pay. It is a rule of law, I be­ Senator from Kentucky said to the Postmaster-General : lieve, that as a man binds himself so shall he stand bound. I have I think I will put this ca.se to you: I wrote to the Department yest.erday-I think read what that is. These contractors promised and bound t hemselves I have tbe letter-here now in my desk-that in t he county of Bourbon, one of my own countaes, in the State of Kentucky, there is a place called North Middletown, i.Ji the following obligations : twelve miles from Mount Sterling and ten miles from Paris, on a turnpike road where 1. To carry said mail with certainty, celerity, and security, usina therefor such there has heen mail service every day, whero a contract is now existing for mail means as may be necessary to transport the whole of said mail, wha:tever may be service every day up to the end of next year, whicli has not been changed as I am its size, weight, or increase, during the term of this contract, and within the time advised by your department; and yon claim that you havo a right on the 1st of fixed in the annexed schedule of departures and arrivals; and so to carry until March, notwithstanding that existing contract, antl notwithstanding the good of X-98 •

1554 CONGRESSIONAL RECORD-SEN.ATE. MARCH 15,

1:lie service and the wants of the people may require daily service t-0 be continued, duct was not the result of accident or mistake. If it had been, if he :for there is a national bank there which says it will have to close if your order is , ' tlllforced, as I advised yon-that you have a right to cut it down t.-0 weekly service had unintentionally, in consequenee of the growth of the country,. !? ~1?1pensate for money that you have expended elsewhere 1 Do you cfuim that gone a little beyond the appropriations made by law, we would have said, "All right," and would have relieved him; but when he comes \lr. KEY. I claim this: I claim that everY_ part of the country is entitled fu the same sort of postal service, ii we can afford it, and where new communities spring and tells m~, and when the chairman of the Committee on Post-Offices up re question. for the extra pay consequent on such a suspension. Of course we must have mar­ Q. Do you know of any other reason now i gin enough in our appropriation to allow us to pay thls $600,000 as well as provide. A. I know of no other reason now. for the· regalar service. When we made oar calculation, we thought that to fall within the present appropr iation, and to allow this extra pa.y, would about absorb· ''I know of no other reason now," sa.ys l\Ir. Brady. Mr. Cranstoun the amount allowed. Laurie, who wa.s in charge of the Statistical Bureau, and whose busi­ Senator BECK. You have now existing contracts which, if they are not annulled,. ness it was to make it up, said under oath that he made all those will require Congress to give you $1,700,000, more than has already been given you. for the star service ~ statements every week, and that they were always ready, that there Mr. KEY. No, not for existing contracts. was no reason for the delay, that he could have them within a week Recollect that on the 6th day of December, tbe Second Assistant. at any time. They were held back not because they were not acces­ Postmaster-General had said to us that the annual cost of service now sible, for they were ready, and the man who made them swears it, in operation is $7,620,004 while the appropriation is but $5,900,000',. and furnished the necessary facts weekly to the Second Assistant being a deficiency of $1,720,004. Therefore I put the question to him Postmaster-General and to the Sixth Auditor. What followed the in that form. peremptory demand for $2,000,000 made in December ' When the Mr. KEY. No, not for existing contracts. Department officials found that they could not coerce Congress into Senator BECK. For what, then 1 immediate a.ction without investigation, what did they do T The fact Mr. KEY. Something I supposed would be allowed for increase of the service as is apparent that they knew that they were demanding $660.000 more well. than t.hey needed, the fact stood that they were willfully withholding Senator BECK. About how much is necessary now to make up the deficiency that will exist a.t the end of the year, if existing contracts a.re maintained until the end infotruation from Congreas that the statutes required them to give. of the year1 What was the next step toward coercion T Let the Postmaster-Gen- }Jr. KEY. I suppose $1,500,000 will do it; I am guessing. 1556 .CONGRESSIONAL RECORD-SENATE. MARCH 15;

Senator BECK. So that yon have made ·contracts already up to the close of the create deficiencies during the fiscal year, and close the service or diminish it un­ n.ext fiscal year, which if not annulled will require a million and a half more than less Congress gives you money enough to make up those deficiencies 7 Con~s has appropriated for the present fiscal year. Mr. KEY. I suppose the Department cannot be carried on upon any other ground. Mr. KEY. If fines and forfeitures are enforced, that will operate largely to reduce I suppose there is hardly any year the Post-Office Department has been adminis­ it; but it will be about that, I presume. • tered but what, at some penod in the year, if the contracts had been carried Senator BECK. I desire to ask you how you construe section 3679 of the Revised through ~ then exif!ting, a defi~ency _would have been created; but then they Statutes of the United Stat.es, which I think while on the Appropriations Commit. regulate it a~ways with re~ard, if posSible, to the wants of the service, or would tee of the Honse I either wrote myself or Mr. Dawes, my chairman, did, and by do so, SOd, but that seems now to be doubtful: appropriated. "SEC. 3679. No Department of the G<>vernment shall expend, in any one fiscal Senator BECK. And that you can expend as much of the money appropriated year, any sum in excess of appropriations made by Congress for that fiscal year, ~or the whple year in a W.ven portion of the year as you think is necessary, even or involve the Government in any contract for the future payment of money in if the olosm_g of the mails at the latter part of the year is the consequence~ excess of such appropriations." Mr. KEY. I cannot do that wantonly or recklessly; but if I do it with good rea- The question l desire to ask in view of that law, in view of the fact that C<'n· son, yes. gress gave yon all the money that you estimated would be needed, in view of the Senator BECK. You claim the right to do it 'I fact that you knew precisely what amount of money yon bad and what yon could Mr. KEY. Yes, if I do it with good reason. do \vith it, is, by what authority yon have made contracts which, if not annulled, Senator B~c~. Then will yoll: ~ll ~ committee what power Congress bas over exceed the appropriations made by Congress one million and a half¥ I want that the appropriations, and what limitations put upon them for any service in your question fairly brought before Congress. Department you may not set aside by that very course of conduct 1 Mr. KEY. Those contracts were made because I believed the wants of the conn· Mr. KEY. Well, I do not know. Repeat the question, please: I do not know try required them, and I trnstefl that Congress might take the same view that I that I exactly comprehend it. did. I believed they would . . Bnt there is a discretion in the Department that en­ Senator BECK. I desire you to tel~ u·s whether or not, if your construction is right, ables it to annul tho:ie contracts. I always intended to keep myself strictly within you cannot so expend the money gi.ven to you by Congress for the service of any the pro'"ision of that statute and to expend no more money than was appropriated, bran.ch of yolj.l' Department for a given year as to force deficiencies or cut off tho so t.bat if Congress does not see proper to ~ve me any deficiency I shall simply re­ service. duce t.he star service to such a state as will enable me to keep within the appro­ Mr. KRY. Oh, yes; it might be done, I think. priation. · Senator BECK. Yon claim.the right to do it 1 ' !Senator BECK. And do I understand you to say that you consider that a compli­ e~t~EY. It has always been done, and I suppose always must be done to some ance with your obligation and with this law~ Mr. KEY. I think it is, to the very letter. Senator BECK. Do you assert that that is your right~ Mr. KEY. I have no right to violate the law, but I have aright to some discretion , There can be no mistake as to his assertion of executive power and and to some reliance upon what I may think is the will of Congress in the matter. authority. The distinguished chairman of the Committee on Post­ Bnt I have no right to exceed the appropriation already given me. Offices and Post-Roads, the Senator from Texas, who has just a-d­ Senator BECK. Do yon ~hink tha-t where star routes exist, as in the case I have dressed the Senate, and the committee -of which he is chairman, I pnt to yon in my own neighborhood, which is one of ten thousand, where you admit the good of ~e servic~ requires a daily mail shall be kept up, you can so manage presume, would feel that it was their duty, if they bad the appro­ th~ funds which are given to you by Congress to carry on the Department (that priations to make as the Committee on Appropriations have, to give bemg one of the then established routes) by increasing service on other routes at the Postmaster-General every three months$5,900,000 if he saw fit to yolll' discretion as to make deficiencies which will compel yon to closEI that route 1 Mr. KEY. Not to close the route, but- expend it in, that time, and come here as his apologists and say that Senator BECK. But to cut down the service from daily to weekly 7 that is the law. Mr. KEY. That would be wretched adminlstration. I do not 'know whether I Mr. SAULSBURY. The Senator from Kentucky will allow me to ~~':li!~r~ti~~_th-e right to do it; but I think that would be a very unwise ex:erciae say that he should direct his remarks to the chairman of that com­ Senator BECK. Has not your order of February 20, unless annulled, the effect of mittee instead of including the whole committee. cutting down the regular service from a daily to a weekly mail in thousands of Mr. BECK. I beg pardon; that is true. The argument of the routes where yon believe the good of the service requires that they should continue chairman of the committee was that acts of the Postmaster-General to have a daily mail! are within the law and that he has' the right to expend the money as Mr. KEY. Yes. he likes, when he tells us to give him what he demands or he will Observe, while admitting that the good of the service requires it, close all the mail-routes in the country. I assert that a more pre­ while admitting these were routes appropriated for and that he had posterous proposition never was submitted. I insist that Congress got all the money he asked to maintain them he tells us that he has ·will not do justice to the people if we do not insert in the very face cut down thousands of routes which the good of the service required of this bill that the deficiency the Postmaster-Genera.I is now de­ should be kept up as tlaily mails, and by his order of th~ 20th of Feb­ manding from us is caused by the Post-Office Department disregard­ ruary reduced them all from daily to weekly1 in order to keep him­ ing the law which prohibits the expenditure of money in excess of self technically within what he calls the law 1 appropriation and the making of contracts which involve the Gov­ Senator BECK. And yon have brought about that condition of things by increas­ ernment in the payment of money in excess thereof. ing the service on routes elsewhere beyond the appropriations whlch Congress gave I will continue to read what occurred between myself and the you, which were all that yon a.sked them for¥ Is not that the fact also~ Mr. KEY. The sum appropriated was all that we asked for; bnt I want to say Postmaster-General before the Committee on Appropriations. that I think all parts of the country a.re entitled to the same character of service Senator BECK. I think I will put this case to you- under like circumstances; and if a plooe like Leadville grows np in the interval between appropriations, it is entitled to service. If it is entitled to a mail I must And this is the case which the Senator from Texas seemed to think p:ive it its share of mail facilities, although I have for that reason to reduce the ,such a remarkable one- · service on some old route. That is all I ha•e to say. Senator B"ECK. I think I will pnt this case to yon : I wrote to the Department Senator BE.cir. My examination has no personal bearing ; it is with a view of yest.erday-1 think I have the letter h ere now in my desk-that in the county of testing the question between Congress and the Departments, as to whether we have any power in Congress to control executive officers, or whether they can by creating :Bourbon, one of my own conn ties, in the State of Kentucky, there is a place caUed 0 North Middletown, twelve miles from Mount Sterling and ten miles from Paris, deficiencies make us appropriate whatever they want; and, be'iievinp: that you on a turnpike road where there bas been mail service every day, where a contract :~~!e~g::~ in clear violation of law, I intend to. make that question. That is the is now existing for mail service every day np to the end of next year, which has .not been changed as I am advised by your Department; and you claim that you ha~~!.f.Y· I want to say here that I expect to comply with that law which you have a ri&~t on the 1st of March, notwithstanding that existing contract and not­ withstanaing the p;ood of the service and the wants of the people may require daily Senator BECK. I think you have violated that law in letter and spirit. service to be continued, for there is a national bank there which says it will have to close if your order is enforced, as I ad vised yon-that you have a right to cu tit That closed the examination on that point so far a-s I was concerned; -down to weekly service to compensate for money that yon have expended else­ it was because I determined to make the question that I insisted upon where ~ Do you claim that right 1 the preamble now in this bill. I have no personal quarrel witl.t the Mr. KEY. I c1aim this: I claim tbat every pa.rt of the country is entitled to the Postma-ster-General; I believe he is a man of high personal integrity. same sort of post.al service, if we can afford it, and where new communiti(IS spring up requiring mail service, they must have as good service in proportion to their I will say that for him as being my conscientious conviction; but I .condition as the olller sections of the country, even if it requires the reduction of insist that he, being the responsible head of the Department, perhaps .service in the old sections to do it. more in name than in fact, has wantonly violated the law; he has Then I put to him another question. He had given a table show­ created deficiencies in plain violation of it; that he is not doing it -ing twelve routes-I will speak of them more fully to-morrow-in accidentally. If he was doing it by accident or mistake I would not . which he had by increase of service added to the original contra.ct care so much to have the question of right and power between him ·price $934,990, of which about $750,000 was for expedition and say and Congress settled. The Second Assistant Postmaster-Genernl $175,000 was for increase of trips, and this, among other things, had avowed the same thing, and he testified that he had expended$3,800,000 caused this deficiency, as he said. 'Vhen I come to speak of the in the first six months, in a carefully prepared written statement, routes from Vinita and from Fort Worth I think I will show some re­ $400,000morethan the Senator from Texas thoughttheyl.Jadexpended, markable facts. I then examined him thus: and he claimed that they had only $2,100,000 for the next six months. The Second Assistant Postmaster-General says : Mr. KEY. I sp.ppose the table is correct . Senator BECK. Now, Mr. Postmaster-General, I wish to say to yon just here that The necessity for speedy action upon the part of Congress is apparent. The De­ -the object I have in this investigation is to make the question distinctly-I tried partment especially desires it in order th.."\t its action may be made strictly to con- 'to make it with the Secretary of the Interior the other day when the pension bill form. to the Wishes of Congress. · was up-that all Departments of the G<>vernment in all their discretionary a-cts There is no deficiency. None will be created. The action of the D epartment must be subject to this law. bas been thus far in strict conformity with the law, and will continue to be. If not deemed wise on the part of Congress to increase the appropriation as asked, the . And I read him again the law that- Department will, of necessity, curtail mail facilities so as to bring the same within No Department of the Government shall expend, in any one fiscal year, any sum the cost of the original appro_I?riation. To necessitate this course would work incal­ in exces~ of appro]?riations made by Congress for that fiscal year, or involve the culable injury and great injw;ti,ce. The course pursued thus far by the Department; ·.Government in any contract for the future payment of money in excess of such was adopted after mature consideration, and has been steadily adhered to, because .appropriations. it was deemed wise and just. Do you think you have any discretion which overrules and repeals that law~ Therefore it is evident that they did not exceed the appropriation · Mr. KEY. No, sir; I expect to comply with that law religiously. Senator BECK. And you claim, notwithstanding that Jaw, that you can make by accident; they did it by design. The course pursued by the Depart­ contracts and dispose of the money given t-0 yon by _Congress in such a way ~ tio ment was adppted "after mature consideration, and has been steadily 1880. CONGRESSIONAL RECORD-HOUSE. 1557 adhered to," and he admits that the course it necessitated them to law. I propose to show that it is not the law, never was intended pursue in stopping the mails " would work incalculable injury and to be the law, never ought to be the law1 and if the democratic party, great injn.stice." What remains T Congress must give them the money now in power in both Houses for the nrst time in twenty years, is or. ''incalculable injury and grea.t injustice" will be done. I agree to going to throw down all the barriers that have been erected in the that; we are powerless; we are not a.deliberative body. Who caused last ten yea.rs and allow executive officers to override the law, spend that great injustice to be done T Who put the Department in such a what they please, and close our mails if we do not give them all they shape as to work that incalculable injury f It was the Post-Office ask, we are making a bad start toward inaugurating reforms. Department, by wrongfully expending the money in the early part of Mr. MAXEY. I desire to state to the Senator from Kentucky that the year that was given them by Congress on their own application I argued upon the law as it stands. I did not intend to say that the for the whole service during the entire year; and now they tell the law was just or wise. I did state that the Postmaster-General had country "Congress has stopped your mails ; Congress refuses to give declared it was not a wise law. I stated further that last June a us money to enable us to carry your mails." bill had been introduced in the House for the purpose of correcting We are under duress ; we are coerced by the executive officers of that law. It was submitted to the Post-Office Committee of the this Department. It is as if "road agents" ordered us to hold up House, and a substitute which accomplished the object of correcting our hands or "stand and deliver;" we have to let all the mails be the evil alleged was introduced as late as the 16th day of December, stopped or we have to furnish the money the officials demand. Is and is still pending, for the very purpose of correcting that law. Congress· a deliberative body in passing on this question f Is Con­ But as long as the law remains as it is the Postmaster-General is gress in a position to give or refuse to give, as it pleases T Ought inside of the law. Congress to be put in that position 7 Ought Congress to be required Mr. BECK. We shall see how that is. to legislate in this way T Is it legislation when 10,400 of the great Mr. EATON. If the Senator from Kentucky will allow me, I move . mail routes of the country are to be stopped by executive order f that the Senate proceed to the consideration of executive business, as Unless we give the Post-Office officials all the money they demand, there is a matter of some consequence there to be attended to. we are told that a course has been taken, after mature deliberation, Mr. BECK. I yield for that purpose. which will work incalculable injury; and yet we are told by the Post­ The PRESIDING OFFICER, (Mr. FERRY.) The question is on the master-General that he is still within the law and is maintaining it motion of the Senator from Connecticut. in letter and spirit ; and the chairman of the Post-Office Committee Mr. VOORHEES. I move that the Senate adjourn. defends him and says that is right. The motion was not agreed to. l\Ir. MAXEY. I hope the Senator from Kentucky will allow me a The PRESIDING OFFICER. The question recurs on the motion moment. of the Senator from Connecticut. Mr. BECK. Yes, sir. The motion was agreed to; and the Senate proceeded to the consid­ Mr. MAXEY. The argument of the Senator from Kentucky as I eration of executive business. After forty-six minutes spent in exec­ understand it is that the Postmaster-General is a. man of integrity utive session the doors were reopened, and (at five o'clock and thir­ but indiscreet, and therefore the public service should suffer. That teen minutes p. m.) the Senate adjourned. is the logical conclusion. I wish to say now that I understand dur­ ing my temporary absence the Senator from Kentucky was cri tioising my argument and I understood the Senator from Delaware, as a mem­ ber of the Post-Office Committee, rose to say that I was not speaking on behalf of the committee. HOUSE OF REPRESENTATIVES. 11Ir. SAULSBURY. The Senator from Kentucky was commenting on the remarks of the chairman of the Post-Office Committee, and MONDAY, March 15, 1880. then said the Post-Office Committee, or words to that purport, were ready and willing to come in and indorse all the applications made The House met at twelve o'clock m. Prayer by the Chaplain, Rev, by the Post-Office Department. I simply said to him that he was W. P. HAruusoN, D. D. · / referring to the remarks of the chairman of the committee and not The Journal of Friday last was read and approved. to the action of the committee. ORDER OF BUSINESS. ' Mr. MAXEY. I do not see how there could possibly be a miscon­ struction that I was speaking on behalf of the committee. The SPEAKER. This being Monday, the first business in order ii; Mr. BECK. I at once said that I meant the chairman of the Post­ the call of States and Territories, beginning with the State of Ala. Office Committee. ba.ma, for the introduction of bills and joint resolutions for printing lli. MAXEY. I referred to some historical facts in connection and reference, not to come back upon a motion to reconsider. Under with General Rusk who once filled my seat in the Senate, who was this call joint and concurrent resolutions and memorials of State and chairman of the Post-Office Committee ; but no remark I made shows territorial Legislatures may be presented for reference. Resolutions that I spoke for the committee, but for myself. I expect to be respon­ calling for departmental information are also in order for reference, sible for every word I said. to be reported back within one week. Mr. BECK. I am not asking the Senator to take any of it back. I DIPORTATION OF BULLION, ETC. am endeavoring to show the Senator that he is just as palpably Mr. HERNDON introduced a bill (H. R. No. 5095) to make more ex­ wrong as the Postmaster-General is, and that his construction of the plicit section 2505 of the Revised Statutes of the United States, re­ law transfers all power over the moneys taken from the Treasury by lating to the importation of bullion, gold and silver, and ores of gold appropriations to the discretion of the Postmaster-General or his and silver; which was read a first and second time, referred to the Second Assistant, and away from tli'e Congress of the United States Committee on Ways and Means, and ordered to be printed. where the law lodges it, and forces us either to do a greater evil than to give the mont'y, to wit: to stop all the mails of the country, or to JAMES CALER. give him whatever he demands when he has seen fit to expend in six Mr. MILES introduced a bill(H.R.No. 5096) for the relief of James months what we are agreed to give him for twelve. I desire, and Caler, of Stamford, Connecticut; which was read a first and second I will in the morning begin at tbis point, to show the reasons why time, referred to the Committee on Commerce, and ordered to be these laws now found on the statute-book were passed. In 1870, printed. when the distinguished Senator from Mas!!achusetts [Mr. DAWES] CELEBRATION OF BAT'FLE OF GROTON HEIGHTS. was chairman of the Committee on Appropriations of the House, we l\Ir. WAIT introduced a bill (H. R. No. 5097) appropriating money found the same condition of things existing. Great appropriations toward the expense to be incurred in the centennial celebration of had been made during the war, of which heavy balances remained; the battle on Groton Heights, and for other purposes; which was read large amounts of war materials were on hand, large numbers of use­ a first and second time, referred to the Committee on Military Affairs, less ships were on hand; and the Departments were going on selling and ordered to be printed. things, expending the money, and doing as they pleased without a re­ appropriation. We took the matter in hand and we passed law after TIMOTHY DOLA..'l. law which I propose to read in the morning to show that we were Mr. HAYES introduced a bill (H.R. No. 5098)toremovethecharge going to hold the purse-strings in our own hands, and that the Execu­ of desertion from Timothy Dolan, of Seward, Kendall County, Illi­ tive Departments must obey the laws we passed. And I must say nois; which was read a first and second time, referred to the Com­ that a republican Congress, largely republican in both branches, felt mittee on Military Affairs, and ordered to be printed. that it was its duty to place those restraints upon their execuUve CAPTAIN WILLLUI COGSWELL. officers and require them to come to Congress for authority to expend money and to keep within the appropriations made and to account Mr. HAYES also introduced a bill (H. R. No. 5099) for arrears of for the money when they made sales of property, and we have saved pension for Captain William Cogswell, late captain of Cogswell's In­ millions and millions of dollars by holding them up to that responsi­ dependent Battery Light Artillery; which was read a first and second bility, and this is the first time since that any Department has ever time, referred to the Committee on Pensions, and ordered to be openly defied us. printed. They have frequently done wrong and sought indirectly to avoid BENJAMIN FRANKLIN. the force of the laws; but this is the first time that we have been told l\Ir. DAVIS, of Illinois, introduced a bill (H. R. No. 5100) granting defiantly that the Postmaster-General•can spend all the money he a pension to Benjamin. Franklin; which was read a. :first and seconcl likes in any portion of the year he pleases, and the chairman of the time, referred to the Committee on Invalid Pensions, and ordered to Committee on Post-Offices and Post-Roads maintains that that is the be printed. 1558 CONGRESSIONAL RECORD-HOUSE. MARcn· i{

TELEGRAPH COMMUNICATIONS. Llll'E-SA.VING STATION, FALLS 01!' THE omo. Mr. SINGLETON, of Illinois, introduced a bill (H. R. No. 5101) in Mr. WILLIS also presented joint resolution of the Legislature of relation to telegraph communications ; which was read a first and Ken~~ky to establish a. ~e-saving station at the Falls of the Ohio, second time, referred to the Committee on Revision of the Laws, and LoU18ville, Kentucky; which wa.s referred to the Committee on Com­ ordered to be printed. merce. JOHN CORNS. FELIX ROBERTS. Mr. NEW introduced a bill (H. R. No. 5102) granting a pension to Mr. WILLIS also introduced a bill (H. R. No. G116) to increase tho John Corns; which was read a first and second time, referred to the pension of Felix Roberts, of Louisville, Kentucky; which was 'read Committee on Invalid Pensions, and ordered to be printed. a first and second time, referred to the Committee on Invalid Pen­ FELIX W. RUSHER. sions, and ordered to be printed. Mr. COBB introduced a bill (H. R. No. 5103) granting a pension to MEXICAN WAR SOLDIERS' PENSION. Felix W. Rusher, of Sullivan, Snllivan County, Indiana ; which wa.s Mr. THOMAS TURNER presented resolution of the Legislature of read a first and second time, referred to the Committee on Invalid Kentucky, requesting "our members in Congress to use all honorable Pensions, and ordered to be printed. means to procure the passage of an act giving a pension to the sol­ SAMUEL FISHER. diers of the Mexican war;" which was referred to the Committee on Pensions. Mr. MYERS introduced a bill (H. R. No. 5104) granting a pension to Samuel Fisher; which was read a first and second time, referred . REDUCTION OF SALARY OF PRESIDENT. to the Committee on Invalid Pensions, and ordered to be printed. Mr. THOMAS TURNER also presented resolution of the Le!!isla.­ ture of Kentucky instructing members in Congress from Kentuo~y to GEORGE W. ROGERS. use their influence to have the salary of President reduced to 25,000; Mr. ORTH introduced a bill (H. R. No. 5105) for the relief of George which was referred to the Committee on Reform in the Civil Service. W. Rogers, late acting volunteer lieutenant United States Navy; which was read a first and second time, referred to the Committee ?tIARY QUINN. i0n Naval Affairs, and ordered to be printed. Mr. BLACKBURN introduced a bill (H. R. No. 5117) for the relief of Mary Quinn, of Lexington, Kentucky; which was read a. first and MRS. E. P. HULL. second time, referred to the Committee on War Claims, and ordered Mr. SAPP introduced a bill (H. R. No. 5106) for the relief of Mrs. to be printed. E. P. Hull; which was read a first and second time, referred to the W. C. YOUNG, SR. -Committee on Invalid Pensions, and ordered to be printed. Mr. BLACKBURN also introduced a bill (H. R. No. 5118) for the ABRAHAM F. WALTERS. relief of W. C. Young, sr., of Lexington, Kentucky; which was read Mr. SAPP also introduced a bill (H. R. No. 5107) granting a -pen­ a first and second time, referred to the Committee on War Claims, sion to Abraham F. Walter8; which was read a first and second time, and ordered to be printed. · referred to the Committee on Invalid Pensions, and ordered to be .JOHN H. CHILDS. printed. Mr. BLACKBURN also introduced a bill (H. R. No. 5119) for the JONATIIAN VINCENT. relief of John H. Childs, of Lexin!rlon, Kentucky; whioh was read a. Mr. SAPP also introduced a bill (H. R. No. 5108) granting a pen­ first and second time, referred to the Committee on War Claims, and sion to Jonathan Vincent; which was read a first and second time, ordered to be printed. referred to the Committee on Invalid Pensions, and ordered to be 1''EAL LARY. printed. Mr. BLACKBURN also introduced a bill (H. R. No. 5120) for tile JOHN BACUS. relief of Neal Lary, of Paris, Kentucky; which was read a first and Mr. SAPP also introduced a bill (H. R. No. 5109) gra.nting a pen­ second time, referred to the Committee on War Claims, and ordered sion to John Ba-0us; which was read a first and second time; referred to be printed. to the Committee on Invalid Pensions, and ordered to be printed. J. W. SOUTH. . DATID S. LONDON. Mr. BLACKBURN also introduced a bill (H. R. No. 5121) for the Mr. SAPP also introduced a bill (H. R. No. 5110) granting a pen­ relief of J. W. South, of Frankfort, Kentucky; which was read a first sion to David S. London; which was read a first and second time, and econd time, referred to the Committee on War Claims, and or­ referred to the Committee on Invalid Pensions, and ordered to be dered to be printed. printed. ' LA FAYETTE ARDUY. J.E. HUSTON. Mr. BLACKBURN also introduced a bill (H. R. No. 5122) for the Mr. SAPP also introduced a bill (H. R. No. 5111) for the relief of relief of La Fayette Arduy, of Paris, Kentucky; which was read a J. E. Huston; which was read a :first and second time, referred to the first and second time, referred to the Committee on War Claims, and Committee on Military Affairs, and ordered to be printed. ordered to be printed. ARMSTEAD BLACKWELL. SCO'IT COill'.""ELL. Mr. BLACKBURN also introduced a bill (H. R. No. 5123) making Mr. HASKELL introduced a bill (H. R. No. 5112) granting a pen­ an appropriation to pay the claim of Armstead Blackwell against the sion to Scott Cornell; which was read a first and second time, referred United States; which was read a first and second time, referred to to the Committe{,' on Invalid Pensions, and ordered to be printed: the Committee on War Claims, and ordered to be printed. · A. T. STILL. WILLIAM H. GRAY. Mr. HASKELL also introduced a bill (H. R. No. 5113) grantu;g a Mr. BLACKBURN also :i.ntroduced a bill (H. R, No. 5124) for the pension to A. T. Still; which was read a first and second time, referred relief of William H. Gray, of Kentucky; which was read a first and to the Committee on Invalid Pensions, and ordered to be printed. second time, referred to the Committee on Claims, and ordered to be EDWARD FENLON. printed. Mr. HASKELL also introduced a bill (H. R. No. 5114) forthe relief D. W. PRICE A.ND THOMAS AKERS. of Edward Fenlon ; which was read a first and second time, referred Mr. BLACKBURN also introduced a bill (H. R. No. 5125) for the to the Committee on War Claims, and ordered to be printed. relief D. W. Price and Thoma-a Akers; whioh was read a first and second time, referred to the Committee on Claims, and ordered to be TERM OF UNITED STATES DISTRICT COURT, WICfilTA, KANSAS. printed. Mr. RYAN, of Kansas, introduced a bill (H. R. No. 5115) to provide JOHN W. HOFFMAN. for holding a term of the district court of the United States at Wichita, Mr. KNOTT (by request) introduced a bill (H. R. No. 5126) author­ Kansas, an·d for other purposes; which was read a first and second izing the President to appoint John W. Hoffman a second lieutenant time, referred to the Committee on the Judiciary, and ordered to be in the United States Army; which was read a first and second time, re­ printed. ferred to the Committee on Military Affairs, and ordered to be printed. KANSAS CITY, FORT SCOTT AND GULF RAILROAD COMPA..""\Y. MORGAN'S LOUISIANA, ETC., RAILROAD A.1'TD STEAMSHIP COMPANY. Mr. RYAN, of Kansas, also introduced a joint resolution (H. R. No. Mr. ELLIS (by request) introduced a bill (H. R. No. 5127) to revive 240) forthe relief of the Kansas City, Fort Scott and Gulf Railroad the act approved June 3, 1856, and to make a grant of land to Mor­ Company; which was read a first and second time, referred to the gan's Louisiana and Texas Railroad and Steamship Company; which Committee on Railways and Canals, and ordered to be printed. was read a :first and second time, referred to the Committee on the SOLDIERS OF LATE WAR. Pacific Railroad, and ordered to be printed. Mr. WILLIS presented a joint resolutiou of the Legislatlll'e of Ken­ LIZZrE D. CLARKE. tucky, for the benefit of the soldiers of the late war; which was re­ Mr. ELLIS (by request) also introduced a bill for the relief of Lizzie ferred to the Committee on Military Affairs. D. Clarke, administratrix of the estate of James S. Clarke, deceased; which was read a first and second time. MIS ISSIPPI VALLEY COMMISSION. Mr. ELLIS. I ask that that be referred to the Committee on the Mr. WILLIS alSo presented a resolution of the Lefi!!'islature of Ken­ Judiciary. tucky, approving the address of the Mississippi Va ey com.mission; Mr. CONGER. Let the bill be read. wbich was referred to the Committee on Commerce. The bill was read at length. 1880. OONGRESSIONAL RECORD-HOUSE. 1559

Mr. CONGER. That should go to the Committee on War Claims. The concunent resolutions were read, and were referred to the- The SPEAKER. The gentleman from Louisiana asks the reference Committee on Commerce. ' -of the bill to the Committee on the Judiciary. The gentleman from CURTIS 6. THOMSON. Michlgan moves to amend, and asks its reference to the Committee on Mr. TALBOTT introduced a bill (H. R. Ko. 5131) for the relief of War Claims. Passed Assistant Paymaster Curtis S. Thomson, United States Navy; • Mr. ELLIS. I introduced this bill by request, having just received whlch was read a. first and second time, referred to the Committee on it as I came to my seat. I have not examined it, and I would ask Naval Affairs, and ordered to be printed. that the memorial accompanying it be read. T4e SPEAKER. It is not usual to read memorials accompanying EDWIN MAUCK. . bills under this call. Mr. HENRY introduced a bill (H. R. No. 5132) for the relief of Mr. CONGER. The bill itself relates to the subject of war claims Edwin Mauck, of Crisfield, Maryland; which was read a first and .and to that only, and it should go to that committee. second time, referred to the Committee on Military Affairs, and or­ The SPEAKER. The memorial-accompanying the bill can go into dered t-0 be printed. the petition-box, and be referred in that way to the committee to . JAMES O'NEIL. which the bill goes. Mr. CRAPO introduced a bill (H. R. No. 51X3) granting a pension Mr. ELLIS. I would like to have the memorial read, if there be no to James O'Neil; which was read a ftrst and second time, referred to. ·objection. the Committee on Invalid Pensions, a.nd ordered to be printed. The SPEAKER. It is not usual to read memorials under the call ·Of States. The gentleman can introduce it through the petition-box. LIGHT-HOUSE ON BORDEN FLATS, MASSACHUSETTS. Mr. ELLIS. Then I ask unanimous consent to withdraw the bill Mr. CRAPO also introduced a bill (H. R. No. 5134) for the erection for the present, in order to enable me to examine it and see whether of a light-house on Borden Flats, Mount Hope Bay, Massachusetts; it relates to the subject of war claims, as alleged by the gentleman which was read a first and second time, referred to the Committee on :from Michigan, or not. Commerce, and ordered to be printed. There was no objection, and the bill was withdrawn. RELIEF OF BARKS IN ARCTIC OCEA....~. HUGH M'GLINCEY. Mr. CRAPO also introduced a joint resolution (H. R. No. 242) au­ Mr. ELLIS also (by request) introduced a bill (H. R. No. 5128) for thorizin~ the employment of a revenue-marine cutter for the rescue the reJief of Hugh McGlincey; which was read a first and second of the omcers and crews of the whaling barks Mount Wollaston and time, referred to the Committee on Claims, and ordered to be printed. Vigilant, now impr~ned in the Arctic Ocean; which waa read a first and second time, referred to the Committee on Appropriations, ABRAM SELLERS. and ordered to be printed. Mr. ELLIS also introduced a bill (H. R. No. 5129) for the relief of REUBEN U. FI'ITS. :Abram Sellers, administrator de bonis non of James Le Caze. Mr. ELLIS. I ask that it be referred to the Committee on the Judi­ Mr. LORING introduced a bill (H. R. No. 5135) granting a pension ciary. to Reuben H. Fitts, of Haverhill, Massachusetts; which was read a · Mr. CONGER. I ask for the reading of the bill. first and second time, referred to the Committee on Invalid Pensions,· Mr. ELLIS. I can tell the gentleman from Michigan that this bill and ordered to be printed. arises out of a claim for money loaned to the old Confederation dur­ WOOLEN GOODS DUTY FUND. . ing the revolutionary war. Mr. LORING also introduced a bill (H. R. No. 5136) to authorize Mr. CONGER. Does it raise a legal question in the consideration the payment to claimants of interest received by the .United States ofitT on the woolen goods duty fund; which was read a first and second Mr. ELLIS. It does raise a law question. time. Mr. CONGER. If that be the character of the claim, then I have Mr. CONGER. Let that bill. be read. no objection to its reference as requested. The bill was read in full, and was referred to the Committee on the The bill was referred to the Committee on the Judiciary, and or­ Judiciary, and ordered. to be printed. dered to be printed. PORT OF SALEM, MASSACHUSETTS. Al\IENDMENT TO THE CONSTITUTIO~. Mr. LORING also introduced a bill (H. R. No. 5137) const;ituting Mr. ACKLEN introduced a joint resolution (H.R.No.241) to amend the port of Salem, Massachusetts, a port of transportation in bond; the Constitution of the United States; which was read a first and which was read a first and second time, ieferred to the Committee on second time, referred to the Committee on the Judiciary, and ordered Ways and Means, and ordered to be printed. to be printed. STEPHEN FAIR CHILD. GEORGE W. MORSE. Mr. ROBERTSON introduced a bill (H. R. No. 5130) authorizrng a Mr. WILLITS introduced a bill (H. R. Ko. 5138) to authorize an in­ grant of limited patents to George W. Morse for inventions in fire­ crease of pension to Stephen Fairchild, of Ann Arbor, Michigan; which arms; which was read a first and second time, referred to the Com­ was read a first aBd second time, referred to the Committee on Invalid mittee on Patents, and ordered to be printed. Pensions, and ordered to be printed. .TOIL.'\ E. BABBIIT. OPENING AND DREDGING OF RED RIVER. Mr. STO~~ introduced a bill (H;. R. No. 5139) to restore to t he pen­ Mr. ROBERTSON also presented joint resolution of the Legisla­ sion-roll the name of John E. Babbitt ; which was read a first and tur~ of the State of Louisiana, asking an appropriation for the open­ second time, referred to the Commit tee an Invalid Pensions, and or- ing and dredging of the mouth of the Red River; which was referred dered to be printed. · to the Committee on Commerce. Fl.J."'\AL ADJOC'RXMEST . IMPROVEMENT C1F CALCASIEU RIVER, LOUISIANA. l'ilr. BUCKNER submitted a concurrent resolution to adjourn the Mr. ROBERTSON also presented a joint resolqtion of the Legisla­ two Houses of Congress on the 24th of May next; which was read a. ture of the State of Louisiana asking an appropriation for dredging first and second time, and refered to the Committee on Ways and and removing obstructions to navigation at the mouth of the Calca­ Means. sieu River. SECTION 829 RF.VISED STATUTES. ~ Mr. CONGER. I suppose these go properly into the box, these reso­ Mr. PHILIPS introduced a bill (H. R. Ko. 5140) to amend section lutions for the improvement of rivers f 829 of the Revised Statutes of the United States; which was read a ! The SPEAKER. The e are joint resolutions of a State Legislature. first and second time. Mr. CONGER. 'Vell, lam so glad to seethe Southern States wheel­ Mr. CONGER. Let the bill be read. ing into line on the subject of internal improvements. The bill was read in full and referred to the Committee on Expendi­ The SPEAKER. Debate is not in order. tures in the Department of J nstice, and ordered to be printed. Mr. CONGER. I have not said it was. I was simply making a PUBLIC LA.1\DS WITHIN RAILROAD I.llIITS. remark why I did not insist upon having these referred through the petition-box. Mr. DAGGETT introd~ced a bill (H. R. No. 5141 ) to reduce the price The SPEAKER. What motion does the gentleman from Michigan of public lands within railroad limits ; which was read a first and sec­ makef ond time~ referred to the Committee on the Public Lands, and ordered Mr. CONGER. I have made no motion. to be printed. Mr. ROBERTSON. In advocating the improvement of rivers and R. W. BATES AND A. BATES. harbors we are carrying out the views expressed by General Jackson Mt. HA-LL introduced a bill (H. R. No. 5142) granting a pension to in his message vetoing the Maysville road bill, in which he declared Rebecca W. Bates and Abigail Bates; which was read a first and sec­ he was in favor of internal improvements when they were general, ond time, referred· to the Committee on Pensions, and ordered to be not local; national, not State. printed. The SPEAKER. Debate is not in order. MEMPfilS Allo"D LITI'LE ROCK RAILROAD COM:PA....~ . The resolution was referred to the Committee on Commerce. Mr. FARR introduced a bill (H. R. No. 5143) to authorize the Sec­ Mr. GIBSON. I pre ent concurrent resolutions of the General As­ retary of th& Treasury to settle and adj a.st the account between the • sembly of Louisiana, relative to the improvement of the Calcasieu United States and the Memphis and Little Rock Railroad Company River, and ask that the resolutions be read. - on account of customs duties arising out of importation of iron for 1560 CONGRESSIONAL . RECORD-HOUSE. MARcB: 15,

.said company during the years 1860 and 1861; which was read a first seventh Regiment New York Volunteers; which was read a first and and second time, referred to the Committee on Ways and Means, and second time, referred to the Committee on Invalid PehSions, and ordered to be printed. - ordered to be printed. INFRINGEMENT OF PATENT RIGHTS. JOSEPH C. LEWIS. Mr. BLAKE introduced a bill (H. R. No. 5144) in relation to suit.s l\Ir. JAMES introduced a bill (H. R. No. 5159) for the relief of the or actions for infringement of patent rights; which was read a first estate of Joseph C. Lewis, deceased; which was read a first and sec­ and second time, referred to the Committee on Patents, and ordered ond time, referred to the Committee on War Claims, and ordered to to be printed. be printed. NAVAL SHIP-CARPENTERS. DISCHARGE OF SEAME.N BY CONSULAR OFFICERS. Mr. ROSS introduced a bill (H. R. No. 5145) to amend chapter 5, llr. O'REILLY introduced a bill (H. R. No. 5160) to authorize as­ title 53, of the Revised Statutes of the United States; which was similated rank to warrant officers of the United States Navy known read a first and second time. as ship-carpenters; which was read a first and second time, referred M.r. CONGER. What is the subject of that bill? to the Committee on Naval Affairs, and ordered to be printed. The SPEAKER. It will be read. INDIANS IN NEW MEXICO AND INDIAN TERRITORY. The bill was read. Mr. SCALES introduced a. bill (H. R. lfo. 5161) to amend an act en­ The SPEAKER. The bill relates to the discharge of seamen by con- titled" An act for the removal of certain Indians in.New Mexico," snlar ~fficers. · · approved June 20, 1878; which was read a. first and second time, re­ The bill was referred to the Committee on Commerce, and ordered ferred to the Committee on Indian Affairs, and ordered to be printed. to be printed. He also (by request) introduced a bill (H. R. No. 5162) to provide GEORGE M. CHESTER. for the allotment of lands in severalty to the united Peorias and · Mr. ROBESON introduced a bill (H. R. No. 5146) to increase the Miamies of the Indian Territory, and for other purposes ; which was pension of George M. Chester, late sergeant Company G, Twenty- read a first and second time, referred to the Committee on Indian 1ourth Regiment New Jersey Volunteers, to $24 per month from Jan­ Affairs, and ordered to be printed. uary 1, 1870; which was read a first and second time, referred to the WILLIAM A. BOBBITT, JR, _Committee on Invalid PensionQ, and ordered to be printed. Mr. DAVIS, of North Carolina, introduced a bill (H. R. No. 5163) ARIETTA LEWIS. for the relief of William A. Bobbitt, jr., of North Carolina.; which Mr. ROBESON also introduced a. bill (H. R. No. 5147) granting a was read a first and second time, referred to the Committee on Claims, ~nsion to Mrs. Arietta Lewis; which was read a first and second and ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to WILLIAM D. LUNSFORD. be printed. Mr. DAVIS, of North Carolina, also introduced a bill (H. R. No. 5164) llARY E. CUNNINGILUJ. for the relief of William D. Lunsford, of North Carolina; which was Mr. ROBESON also introduced a bill (H. R. No. 5148) granting a read a first and second· time, referred to the Committee on Claims, · pension to Mrs. Mary E. Cunningham; which was read a first and and ordered to be printed. second time, referred to the Committee on Invalid Pensions, and or­ ,JOHN" DOWE. dered to be printed. Mr. HILL introduced a bill (H. R. No. 5165) granting a pension to BUTTER, OLEOMARGARINE, AND THEIR SUBSTITUTES. John Dowe, of Defiance County, Ohio; which waa read a. urst and second time, referred to the Committee on Invalid Pensions, and Mr. COVERT introduced a bill (H. R. "N"o. 5149) creating a scien­ ordered to be printed. tific commission to establish legal test.s for the protection of dealers HENRY H. WATTS. in butter, oleomargarine, and their substitutes; which was read a first and second time, referred to the Committee on Agriculture, and llr. HILL (by request) also introduced a bill (H. R. No. 5166) for the relief of Henry H. Watts, of New York; which was read a first ordered to be printed. · and second time, referred to the Committee on Claims, and ordered SCHOO~"ER REBECCA D., to be printed. Mr. FERNANDO WOOD introduced a bill (H. R. No. 5150) author­ CLAL1!S I~ DISTRICT OF COLUMBIA. izing the change of the name of the Schooner Rebecca D.; which was !Ir. HILL also-introduced a joint resolution (H. R. No. 243) permit­ read a first and second time, referred to the Committee on Commerce, ting citizens of the District of Columbia to file their claims with the and ordered to be printed. clerks of the Committees on the District of Columbia. of the Senate and L. S. LINSON. House of Representatives during recess of Congress, prescribing the .Mr. FERDON introduced a bil.l (H. R. No. 5151) granting a pension duties of such clerks with respect thereto, and for other purposes; to L. S. Linson; which was read a first and second time, referred to which was read a first and second time, referred to the Committee on the Committee on Invalid Pensions, and ordered to be printed. the District of Columbia, and ordered to be printed. l\IARY VAN GORDON. NAVAL ENGINEE.RS, llr. FERDON also introduced a bill (H. R. No. 5152) granting a Mr. TOWNSEND, of Ohio, (by request) introduced a bill (H. R. Ne>. pension to :Mary Van Gordon ; which was read a first and second time, 5167) in relation to engineers in the United States Navy; which was referred to the Committee on Invalid PeIISions, and ordered to be read a first and second time, referred to the Committee on Naval printed. · Affairs, and ordered to be printed. Sl'lliL"'1BOAT L. BOARDMA...~. HENRY H. SHARP. Mr. FERDON also introduced a bill (H. R. No. 5153) to change the l\Ir. FINLEY introduced a bill (H. R. No. 5168) granting a pension uame of the steamboat L. Boardman to River Belle i which was read to Henry H. Sharp, Company H, One hundred and first Regiment of a first and second time, referred to the Committee on Commerce, and Ohio Infantry; which was read a first and second time, referred to the orderetil to be printed. Committee on Invalid Pensions, and ordered to be printed. SEIZURE AND FORFEITURE OF VESSELS. OREGON AND CALIFORNIA RAILROAD. Mr. MORTON introduced a bill (H. R. No. 5154) to amend the law Mr. WHITEAKER introduced a bill (H. R. No. 5169) authorizing relative to the seizure and forfeiture of vessels for brea~h of the reve­ the Legislature of the State of Oregon to provide for the completion nue laws; which was read a first and·second time, referred to the of the Oregon and California Railroad; which was read a first and Committee on Ways and Means, and ordered to be printed. second time, referred to the Committee on Rail ways and Canals, and ordered to be printed. ALV~ WALKER. Mr. MORTON (by request) also introduced a bill (H. R. No. 5155) PRE-EMPTIONS AND HOMESTEADS. to grant a pension to Alvin Walker; which waa read a first and sec­ Mr. WHITEAKER also introduced a bill (H. R. No. 5170) to pro­ ond time, referred to the Committee on Invalid Pensions, and ordered vide for reducing the expense of taking pre-emptions and homesteads; t.o be printed. which was read a first and second time, referred to the Committee on FRANK W. FISHER.• the Public Lands, and ordered to be printed. Mr. HAMMOND, of New York, introduced a bill (H. R. No. 5156) PURCHASE OF BO~"'DS BY TREASURY DEPA.RTl\IENT. £or the relief of Frank W. :Fisher ; which was read a first and second Mr. KELLEY submitted thA following resolution; which was re­ :time, referred to the Committee on Invalid Pensions, and ordered to ferred to the Committee on Ways and Means. be printed. Resolved, That the Secret.a.ry of the Treasnry be directed tA> furnish this House SOLDIERS' PLAT IN CEMETERY AT POUGHKEEPSIE. with a OTHERS. printed. Mr. KLOTZ introduced a bill (H. R. No. 5171) granting a pension USEBIUS SWEET. to Louisa J. Guthrie and others; which was read a first and second . Mr. MASON introduced a bill (H. R. No. 5158) granting a pension time, referred to the Commit.tee on Pensions, and ordered to be to Usebius Sweet, late l'.' private CompanyG, One hundred and fifty- printed. 1880. .DONGREHSIONAL RECORD-.HOUSE. 1561

CHARLES S. KELLER. and second time, referred to the Committee on Invalid Pensions, and Mr. KLOTZ also inti·oduced a bill (H. R. No. 5172) for the relief of ordered to be printed. Charles S. Keller; which was read a first and second time, referred to R. M. MORRISETT. . the Committee on Claims, and ordered to be printed. Mr. TAYLOR also introduced a bill (H. R. No. 5188) granting a . NORTH WASHINGTON RAILROAD C-OMPANY. pension to R. M. Morrisett; which was read a first and second time,. referred to the Committee on Invalid Pensions, and ordered to be· Mr. KLOTZ (by request) also introduced a bill (H. R. No. 5173) to printed. incorporate the North Washington Railroad Company; which was read a first and second time, referred to the Committee on the District HE~Y DAVIS. of Columbia, and ordered to be printed. Mr: TAYLOR also introduced a bill (H. R. No. 5189) granting a pension to Henry Davis; which was read a first and second time,. STEPHE..~ A. BOYDEN. referrell to the Committee on Invalid Pensions. and ordered to be Mr. KLOTZ also introduced a bill (H. R. :N'o. 5174) for the relief of printed. , Stephen A. Boyden, late captain First Regiment United States Col­ JOHN E. GREENE. ored Troops; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. Mr. TAYLOR also introduced a bill (H. R. No. 5190) to restore the name of John E. Greene to the pension-roll; which was read a first l\IARY R. YEAGER. and second time, referred to the Committee on Invalid Pensions, and Mr. COFFROTH introduced a bill (H. R. No. 5175) granting a. pen­ ordered to be printed. · sion to Mary R. Yeager; which was read a first and second time, THOMAS R. TRENT. referred to the Committee on Invalid Pensions, and ordered to be Mr. TAYLOR also introduced a bill (H.R. No. 5191) granting a pen­ printed. sion to Thomas R. Trent; which waa read a first and second time, JOlli~ LOWE. referred to the Committee on Invalid Pensions, and ordered to be Mr. HARMER introduced a bill (H. R. No. fil76) for the relief of printed. John Lowe, passed assistant engineer in the Navy; which was read DAVID C. JACKSON. a first and second tim~, referred to the Committee on Naval Affairs Mr. HOUK introduced a bill (H. R. No. 5192) granting a pension to and ordered to be printed. David C. Jackaon, late of Cpmpany A, Second Tennessee Cavalry; PHIANS. . Mr. TAYLOR (by request) introduced a bill (H. R. No. 5181) for the NORTHERN JUDICIAL DISTRICT OF TEXAS. relief of the Peoria and other Indians; which was read a first and Mr. CULBERSON introduced .a bill (H. R. No. 5197) to amend 'an second time, referred to the Committee on Indian Affairs, and or­ ~ct entitled an "Act to create the northern judicial district of the State dered to be printed. of Texas, and to change the eastern and western district of said State, JOHN B. HARTMAN. and to fix the time and places of holding courts in said districts;!' Mr. TAYLOR also introduced a bill (H. R. No. 5182) to restore the which was read a first and second time-, referred tothe Committee on :name of John B. Bartman to the pension-roll; which was read a first the J ndiciary, and ordered to bo printed. and second time, referred· to the Committee on Invalid Pensiona, and DE FOREST W. CARPENTER. ordered to be printed. Mr. JOYCE introduced a bill (H. R. No. 5198) for the relioef of De S~'\IL"EL SHORT. Forest W. Carpenter; which was read a first and second time, re­ Mr. TAYLOR also introduced a bill (H.R.No.5183) granting a pen­ ferred to the Committee on Claims, and ordered to be print-ed. sion to Saµmel Short; which was read a first and second time, referred l\IRS. BETTIE TAYLOR DA...."ll>RIDGE A...."'\D OTHERS. to the Committee on Invalid Pensions, and ordered to be printed. Mr. TUCKER introduced a bill (H. R. No. 5199) for the relief of · JORIAL ONKST. Mrs. Bettie Taylor Dandridge and lliss Sarah Knox Wood, daughter lir. TAYLOR also introduced a bill (H. R. No. 5184) granting a and granddaughter of Zachary Taylor, late President of the United pension to Jorial Onkst, late a private of Company F, Eighth Ten­ States; which was read a first and second time, referred to the Com­ nessee Cavalry; which was read a first and second time, referred to mittee on Appropriations, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. REGULATION OF JUDG:.\IENTS IN THE UNITED STATES COURTS. MRS. ELIZA H. GILBERT. Mr. TUCKER also introduced a bill (H. R. No. 5200) to regulate the Mr. TAYLOR also introduced a bill (H. R. No. 5185) granting a lien of judgments in the United States courts and of suits pending pension to Mrs. Eliza H. Gilbert; which was read a first and second therein; which was read a first and second time, referred to the Com- time, referred to the Committee on Invalid Pem;ions, and ordered to mittee on the Judiciary, and ordered to be printed. · . · be printed. MARGARET 1\IEYERS. ' JAMES .A. DOUGHTY. Mr. WILSON' introduced a bill (H. R.No. 5201) granting a pension Mr. TAYLOR al~o introduced a bill (H. R. No. 5186) granting a to Margaret Meyers, of Wheeling, Ohio County, West Virginia.; which pension to James A. Doughty; which was read a first and second was read a first and second time, referred to the Comnµttee on Inva,. time, referred t.o the Committee on Invalid Pensions, and ordered to lid Pensions, and ordered to be printed. be printed. · CLA.L"1S FOR QUARTER.."'1.ASTER .&ND CO)llllSSARY STORES. WILLIAM R. MILLER. Mr. WILSON also introduced a resolution providing for the appoint­ Mr.-TAYLOR also in1roduced a bill (H. R. No. 5187) to restore the ment of a special committee to ascertain and report upon the propri­ name of William R. Miller to the pension-roll; which wasrea.d a first ety of referring ·quartermaster and commissary claims against th.6 1.562 CONGRESSIONAL RECORD- HOUSE. MARCH 15,

iGovemment to some other tribunal, and for other purposes; which and second time, referred to the Committee on Coinage, Weights, and was read a first and second time. Measures, and ordered to be printed. The SPEAKER. This resolution is not in order under this ca.11. Mr. WILSON. ·u is similar to the one just offered by the gentle­ Ul\J:TED STATES ATTORNEY IN WYOMING. -man from Tennessee. Mr. DOWJ\~Y also introduced a bill (H. R. No. 5211) fixing the The SPEAKER. That was a joint resolution. compensation of the United States attorney for the Territory of Wyo­ Mr. WILSON. Let this be a joint resolution. I intended to offer ming; which was read a first and second time, referred to the Com­ it as such and ask its reference to the Committee on Rules. mittee on th~ J udioiary, and ordered to be printed. The resolution was accordingly referred to the Committee on Rules, UNITED STATES MARSHAL IN WYOMING. and ordered to be printed. Mr. DOWNEY also introduced a bill (H. R. No. 5212) fixing the com­ The above resolution was subsequently withdrawn. pensation of the United States marshal for the Territory of Wyo­ l'tIODIFICATION OF PENSION LAWS. ming; which ~as read a first and second time, referred to the Com- Mr. HUMPHREY presented a memorial of the Legislature of the mittee on the Judiciary, and ordered to be printed. . . .State of Wisconsin, for a modification of the pension laws; which MILITARY ROAD TO YELLOWST01''"E PARK. was referred to the Committee on Invalid Pensions. Mr. DOWNEY also introduced a bill (H. R. No. 5213) for the con­ HARBOR AT GREEN BAY, WISCONSL~. struction of ~L military wagon-road from Green River, Wyoming Ter­ Mr. BOUCK presented a memorial of the Legislature of the State ritory, to the Yellowstone National Park and to Fort Ellis, Montana; of Wisconsin, for the improvement of the harbor at Green Bay, Wis­ which was read a first and second time, referred to the Committee on •Consin; which was referred to the Committee on Commerce. Military Affairs, and ordered to be printed. ORPHAN CHILDREN OF WILLIAM S. HEML."\GWAY. MILITARY ROAD TO FORT WASHAKIE. Mr. AINSLIE introduced a bill (H. R. No. 5202) for the relief of the Mr. DOW.NEY also introduced a bill (H. R. No. 5214) for the con­ three orphan children of William S. Hemingway, who was killed by struction of a military wagon-road from Rawlins to Fort Washakie, Bannock Indians in Idaho Territory; which was read a first and sec­ in Wyoming Territory; which was read a first and second time, re­ , ond: time, referred to the Committee on Indian Affairs, and ordered ferred to the Committee on Military Affairs, and ordered to be printed. to be printed. MILITARY ROAD TO FORT CUSTER. REAPPORTIONMEXT OF MEMBERS OF TERRITORIAL LEGISLATURES. Mr. DOWNEY also introduced a bill (H. R. No. 5215) for the con­ Mr.AINSLIE also introduced a bill(H.R.No.5203) providing for the struction of a military wagon-road from Rock Creek, Wyoming Ter­ ·reapportionment of the members of the Legislatures in the Territories ritory, via Fort Fetterman and Fort McKinney, to Fort Custer, in . of Montana, Idaho, and Wyoming; which waR read a first and second Montana Territory; which was read a first and second time, referred time, referred to the Committee on the Territories, and ordered to be to the Committee on Military Affairs, and ordered to be printed. printed. F. E. WARREN. BUILDINGS, ETC., AT FORT w ALLA w ALLA. Mr. BRENTS introduced a bill (H. R. No. 5204) for the construc­ Mr. DOWNEY also introduced a bill (H. R. NQ. 5216) for the relief tion, improvement, extension, and repair of the buildings, roads, and of F. E. Warren; which was read a first and second time, referred to _grounds at Fort Walla Walla, in Washington Territory; which was the Committee on Claims, and ordered to be printed. read a first and second time, referred to the Committee on Appropri- ORDER OF BUSINESS • .-ations, and ordered to be printed. The SPEAKER. The call of States and Territories for the intro~ JUDICIAL SYSTEM OF WASHL"i'GTON TERRITORY. due ion of bills and joint resolutions for reference and printing has Mr. BRENTS also introduced a bill (H. R. No. 5205) to reorganize now been concluded. ·The Chair will recognize gentlemen who were the judicial system of the Territory of Washington; which was read not in their seats when their States were called for the introduction . a first and second time. of bills for reference . Mr. BRENTS. I move that the bill be referred to the Committee JOHN NAIL. --on the Territories. Mr. FORSYTHE introduced a bill (H. R. No. 5217) granting a pen­ Mr. HUMPHREY. Is that a bill to reorganize the judicial system sion to John NaH, late a private Company F, Second Regiment Ken­ of a Territory? tucky Volunteer Infantry; which was read a first and second time, The SPEAKER. It is. referred to the Committee on Invalid Pensions, and ordered to be Mr. HUMPHREY. I am on the Committee on the Territories, but printed. I would suggest the bill more properly belongs to the Judiciary Com­ WABASH AND ERIE CANAL. mittee. Mr. FORT submitted the following resolution; which was read, The SPEAKER. That is a question for the House to determine. and, under the rule, referred to the Committee on Commerce: Mr. HUMPHREY. I do not know who introduced the bill, but it Resolved, That the Secretary of War be, and he is hereby, requested to furnish ought properly to go to the Committee on the Judiciary. to the House of Representatives, SQ far as he may be able to do so from informa­ The SPEAKER. The gentleman from Washington Territory intro­ tion in the office of Engineers of the Army, the approximate distance necessary to duced the bill. be traveled. and the estimated cost of a canal of adel}uate capacity for the com­ merce between the East and West, to connect the navigable waters of the Illinois Mr. HUMPHREY. I move to amend the motion of reference so River and the Illinois and Michigan Canal, by way of the Kankakee River when that the bill shall go to the Committee on the Judiciary. improved and made boatable by alack water, with· the Wabash and Erie Canal at The question being put, the amendment was agreed to, and the bia or near Logansport, Indiana, leadin.,. ii<> Toledo; and what would be the estimated cost of the~improvement of said Kankakee Tiiver, and what would be the estimated was referred to the Committee on the Judiciary, and ordered to be cost of the enlargement of said Wabash and Erie Canal from Logansport to Toledo ·printed. to tho present capacity of the Erie Canal of New York, and what would be the dis­ CO~'VICTS Di WYOMING. tance by said water route from Chicago to Toledo. Mr. DOWNEY introduced a bill (H. R. No. 5206) relating to con­ BURLINGTON", IOWA. victs in the territorial prison of Wyoming Territory; which was read Mr. McCOID introduced a ·bill (H. R. No. 5218) relinquishing the .a first and second time, referred to the Committee on the Territo­ title which still remains in the United States to all lots or portions of 'l'ies, and ordered to be printed. ground which lie within the limits of the present city of Burlington, YELLOWSTONE NATIO:YAL PARK. State of Iowa, to the said city of Burlington; which was read a first Mr. DOWNEY also introduced a bill (H. R. No. 520i) making an and second time, referred to the Committee on the Public Lands, and .. appropriation to enable the Secretary of the Interior to protect, pre­ ordered to be printed. serve, and improve the Yellowstone National Park, in compliance ELIJAH W. PE1''"NY. with section 2475 of the Revised Statutes of the United States; Mr. COWGILL introduced a bill (H. R. No. 5219) to increase the which waB read a first and second time, referred to the Committee pension of Elijah W. Penny; which was read a first and second time, • On Appropriations, and ordered to be printed. referred to the Committee on Invalid Pensions, and ordered to be PUBLIC BUILDINGS IN WYOMING TERRITORY. printed. " Mr. DOWNEY also introduced a b'iU (H. R. No. 5208) for the erec­ IBAAC H. MOXTGOMERY. tion of public buildings in Wyoming Territory; which was read a first Mr. COWGILL also introduced a, bill (H. R. No. 52-W) granting a and second time, referred to the Committee on Public Buildings and pension to Isaac H. Montgomery, of Tipton, Tipton County, Indiana; · Grounds, and ordered to be printed. whir.h was read a first and second time, referred to the Committee on LAW LIBRARY IN WYOl\IIN'G TERRITORY. Inv-alid Pensions, and ordered to be printed. Mr. DOWNEY also introduc~d a bill (H. R. No. 5~09) making au MATHIAS BLAKE. appropriation for the purchase of a law library for the use of the l\Ir. COWGILL also introduced a bill (H. R. No. 5221) granting a courts and the United States officers in the Territory of Wyoming; pension to Mathias Blake, of Tipton, Tipton County, Indiana; which which was read a first and second time, referred to the Committee on was read a first and second time, referred to the-Committee on In­ _Appropriations, and ordered to be printed. valiu Pensions, and ordered to be printed. _ AS~AY OFFICE IN WYOMING. JETHRO M. BOYD. Mr. DOWNEY also introduced a bill (H. R. No. 5210) to establish Mr. COWGILL also introduced a bill(H. R. No. 5222)for the relief .an assay office in the Territory of Wyoming; which was read a. first of Jethro M. Boyd, of Indiana; which wa.s read a first and second 1880. CONGRESSIONAL RECORD-HOUSE. 1563 time, referred to the Committee on Military Affairs, and ordered to be legal questions involved, I have no objection to the reference to the printed. · Committee on the Judiciary. . DEAD-LETTER OFFICE IN SAN FRANCISCO. Mr. ELLIS. The bill does involve- law questions, and it belongs Mr. BERRY presented a joint resolution of the Legislature of the to the Judiciary Committee. . State of California, asking for the establishment of a dead-letter office The bill was referred to the Committee oa the Judiciary, and or- in San Francisco; which was referred to the Committee on the Post- dered to be printed. · Office and Post-Roads. · MINNIE HAMMAN. MARY L. WHITEFORD. Mr. BUTTERWORTH introduced a bill (IE R. No. 5236) for the re­ lief of Minnie Hamman, daughter of Michael Hamman, late private Mr. BELFORD introduced a bill (H. R. No. 52'23) granting a pen­ in Company I, Ninth Ohio Volunteer Infantry; which was read a first sion to Mary L. Whiteford, of Washington, District of Columbia. ; and second time, referred to the Committee on Military Affairs, and which was read a first and second time, referred to the Committee on ordered to be printed. Invalid Pensions, and ordered to be printed. He also introduced a bill (H. R. No. 5237) granting a pension to Min­ EUGENE O'SULLIVAN. nie Hamman, daughter of Michael Hamman, late private Company I, - Mr. UPDEGRAFF, of Ohio, introdnced a bill (H. R. No. 5224) grant­ Ninth Ohio Volunteer Infantry; which was read a first and second ing a pension to Eugene O'Sullivan, a soldier of the Mexican war; time, referred to the Committee on Invalid Pensions, and ordered to which was read a first and second time, referred to the Committee on be printed. Pensions, and ordered to be printed. ALBERT.Th~ COCKRUM. LEVI SIPE. Mr. GUNTER introduced a bill (H. R. No. 5238) for the relief of Mr. UPDEGRAFF, of Ohio, also introduced a bill (H. R. No. 5225) Albertine Cockrum; which was read a first and second time, referred granting an increase of pension to Levi Sipe; which was read a first to the Committee on Invalid Pensions, and ordered to be_printed . and second time, referred to the Committee on Invalid Pensions, and REFUNDING OF INTERNAL-REVENUE TAX. ordered to be printed. Mr. GUNTER also introduced a bill (H. R. No. 5239) to provide for AMIE DOWNEY. repaying internal-revenue tax illegally collected; which was read a ' Mr. UPDEGRAFF, of Ohio, also introduced a bill (H. R. No. 5226) first and second time. ' granting a pension to Amie Downey; which was read a first and sec­ Mr. GUNTER. I move the reference of this bill to the Committee ond time, referred to the Committee on Invalid Pensions, and ordered on the Judiciary. to be printed. Mr. CONGER. It should goto the Committee on Ways and Meana, MRS. MARY C. RINGGOLD. who already have such a bill under consideration. Mr. GUNTER. I have no objection. Mr. UPDEGRAFF, of Ohio, also introduced a bill (H. R. No. 5227) The bill was referred to the Committee on Ways and Means, and granting a pension to Mrs. Mary C. Ringgold; which was read a first ordered to be printed. and second time, referred to the Committee on Pensions, and ordered POTTAWATOMIE Th"'DIANS. to be printed. l\fr. GUNTER (by request) also introduced a bill (H. R. No. 5240} for ELIZABETH WIXTERS. the relief of certain Pottawatomie Indians; which was read a first Mr. UPDEGRAFF, of Ohio, also introduced a bill (H. R. No. 5228) and second time, referred to the Committee on Indian Affairs, and granting arrears of pension to Elizabeth Winters; which was read ordered to be printed. a first and second time, referred to the Committee on Invalid Pen­ JAMES MORROW. sions, and ordered to be printed. l\fr. LADD, by unanimous consent, submitted the following resolu­ CATHARTh"'E DEMPSEY. tion ; which was read, considered, and adopted: ~Ir. RICHARDSON, of New York, introduced a bill (H. R. No. 52'29) Resolved, That there be paid out of the contingent fund of the House of Repre­ granting a pension to Catharine Dempsey; which waa read a first and sentatives of the United States to the Sergeant-at-Arms thereof the sum of $500, or so much as may be necessary thereof, to pay the funeral and other expenses con­ .second time, referred to the Committee on Invalid Pensions, and or­ tracted by the sickness and death of .Tames Morrow, late foreman of the folding­ dered to be printed. room of this House; and there shall also be paid, out of the contingent fund of this ALFRED illCKS. House, six months' pay from March 15, 1880, to Jane Morrow, widow of deceased.. Both sums appropriated by this resolution shall be subject to the Committee on Mr. WEAVER introduced a bill (H. R. No. 5230) granting a nen­ il.ccount.s . .sion to Alfred Hicks; which was read a first and second time, referred CHARLES H. l\fASLY. to the Committee on Invalid Pensions, and ordered to be printed. Mr. SLEMONS, by unanimous consent, introduced a bill (H. R. INCREASE OF POLICE FORCE IN DISTRICT OF COLUMBIA. No. ~241) for the relief of Charles H. Ma.sly, late a second lieutenant Mr. PHELPS introduced a bill (H. R. No. 5231) to increase the po­ in Company K, Forty-seventh Kentucky Volunteers; which was.read lice force of the District of Columbia, and for other purposes; which a first and second time, referred to the Committee on Military Affairs, was read a first and second time, referred to the Committee on the and ordered to be printed. Dist rict of Columbia, and ordered to be printed. SOLDIERS' GRAVES 1 l\IONTICELLO, ARKANSAS. RALPH P. MILLER. Mr. SLEMONS also introduced a bill (H. R. No. 5242) making an appropriation for inclosing the graves of Federal soldiers at the town Mr. KING introduced a bill (H. R. No. 5232) for the relief of Ralph of .Monticello, Arkansas; which was read a first and second time, P. Miller; which was read a first and second time, referred to the referred to the Committee on Military Affairs, and ordered to be Committee on War Claims, and ordered to be printed. printed. CALCASIEU RIVER, LOUISIANA. WORKDIGMEN OF THE DISTRICT OF COLUMBIA. Mr. KING also presented a concurrent resolution of the General l\fr. .MURCH, by unanimous consent, introduced a joint resolution Assembly of Louisiana, asking for an appropriation for dredging and (H. R. No. 245) providing for the speedy payment of the workingmen removing obstructions to navigation from the mouth of Calcasieu of the District of Columbia; which was read a first and second time, River, in Louisiafla; which was referred to the Committee on Com­ referred to the Committee on Appropriations, and,ordered to be printed. merce. ORDER OF BUSTh~SS. THOMAS T. WILSON. The SPEAKER. The Chair will cause to be read Rule X.XVIII. Mr. HOSTtTLER introduced a bill (H. R. No. 5233) for the relief The Clerk read as follows: -0f Thomas T. Wilson, late private Company G, Eleventh Indiana. No standing rule or order of the House shall be rescinded or changed without Volunteers; which was read a first and second time, referred to the one day's notice of the motion therefor, and no rule shall be suspended except by Committee on Military Affairs, and ordered to be printed. a vote of two-thirds of the members present, nor shall the Speaker entertain a mo­ tion to suspend the rules except on the first and third Mondays of each month after :MRS. ROSE M. WOOD. the call of States and Territories shall have been completed, preference being given on the first Monday to individuals and on the third Monday to committees, aud Mr. HOSTETLER also introduced a bill (H. R. No. 5234) grantinu dnring the la.,st six days of a session. a pension to Mrs. Rose M. Wood; wliich was read a first and second 2. .All motions to suspend the rules shall, before being submitted to the House, time, referred to the Committee on Invalid Pensions, and ordered to be seconded by a majority by tellers, if demanded. be p~ted. 3. When a motion to suspend the rules has been seconded, it shall be in ord.er, before the final vote is taken thereon, to.debate the proposition to be voted upon LIZZIE X>. CLARKE. for thirty minutes, one-half of such time to be given to debate in favor of, and one­ Mr. ELLIS (by request) introduced a bill (H. R. No. 5235) for the half to debate in opposition to, such proposition, and the same right of debat.e relief of Lizzie D. Clarke, administratrix of the estate of Thomas L. shall be allowed whenever the previous question has been ordered on any propo­ Clarke, deceased; which was read a first and second time. sition on which there ha been no debate. Mr. ELLIS. I have examined this bill, and think it ought to be SINKING FUND PACIFIC RAILROADS. referred to the Committee on the Judiciary. I move that reference. The SPEAKER. The unfinished motion to suspend the rules, com­ Mr. CONGER. Is this the same bill which was presented awhile ing over from a former Monday, is the motion made by the gentleman .agof • from Maryland, [Mr. McL.A11.TE1 ] chairman of the Committee on Pa-ci.fic Mr. ELLIS. It is. Railroads, under instruction from that committee, and the Chair is ad­ Mr. CONGER. I have no particular choice about the reference of vised that gentleman is sick in bed and unable to attend, and that he the bill. I thought that, being a war claim, it oug~t to ~o to the requests his motion may be allowed to go over to the third Monday of Committee on War Claims. But if the geu.~..leman thinks tnere are the next month. ··

' 1564 CONGRESSIONAL RECORD-HOUSE. MARCH 15;

Mr. YOUNG, of Tennessee. I move that be allowed. Mr. CONGER. Has there been any in the House f Mr. CONGER. What is that bill? The SPEAKER. This is a motion to suspend the rnles requiring The SPEAKER. It is in relation to the investment of the sinking one day's notice. fund in the hands of the Secretary of the Treasury, concerning Pacific Mr. CONGER. The rnle provides that no standing rule or order of Railroad bonds. the Honse shall be rescinded or changed without one day's notice of L."il>IVIDUAL SUSPENSIONS. the motion therefor. . Mr. WEAVER. These rnles were adopted after the first Monday The SPEAKER. And the rule then goes on to say no rule shall be, of this month, and hence individuals cannot be heard on motions to suspended except by a vote of two-thirds of the members present. suspend the rules until the first Monday of next month. This is a motion to suspend the rules. The SPEAKER. The first Monday of next month individuals have Mr. SPRINGER. This is not a motion to rescind or change, but a preference over committees, and committees to-day being exhausted, motion to suspend. the rules. individuals will then be recognized. . The SPEAKER. If this motion to suspend the rules be carried by a two-thirds vote it will suspend the rule to which the gentleman MA.CON A PORT OF DELIVERY. from Michigan refers. Mr. BLOUNT, by unanimous consent, introduced a bill (H. R. No. Mr. CONGER. Does it change the rule that bills making appro­ 5243) to constitute Macon, in the State of Georgia, a port of delivery; priation of land or :qioney shall have their first consideration in the. which was read a first and second time, referred to the Committee on Committee of the Whole House on the state of the Union f Ways and Means, and ordered to be printed. The SPEAKER. A two-thirds vote suspends all the rules. COID1ITTEE ON COM1tIERCE. Mr. CONGER. I understood the requirement of notice was posi­ Mr. REAGAN. I have reports to submit from the Committee on tive not to take members unaware. Commerce of resolutions calling for information, which were referred The SPEAKER. If this be carried by a two-thirds vote, it will to our committee, and which, under the rule, have t-0 be reported suspend all the rnles for the purpose indicated. Such has been th& back within a week. uniform ruling of the occupants of the chair, as well a-s of the House The SPEAKER. They can come in at any time; and the Chair itself. will recognize the gentleman to-morrow fo.~ that purpose. Mr. CONGER. Then! can see no reason for having the rule. MESSAGE FROM THE SENATE. The SPEAKER. The one to which the gentleman refers concerns permanent changes of the rules. Does the gentleman demand a sec- A message from the Senate, by Mr. BURCH, its Secretary1 announced the passage of a bill (H. R. No. 2787) making appropriat10ns for for­ ond on the motion to suspend the rules T ' tifications and other works of defense, and for the armament thereof, Mr. CONGER. Yes, sir; I do. for the fiscal year ending June 30, 1881, and for~ other purposes, with The SPEAKER appointed as tellers Mr. DUNN and Mr. CONGER. amendments. in which concurrence was requested. The House divided; and there were-ayes 114, noes 38. So the motion to suspend the rules was seconded. WILLIAM H. MINER. The SPEAKER. The question now recurs upon the motion to sus­ Mr. URNER, by unanimous consent, introduced a bill (H. R. No. pend the rules for the purpose of discharging the Committee of the. 5244) for the relief of William H. Miner; which was read a. first and Whole House on the ·state of the Union from the further considera­ second time, referred to the Committee on Military Affairs, and or­ tion of the bill (H. R. No. 1846) relating to the public lands of the dered to be printed. United Stat~s and bringing it before the Honse for consideration. ERASTUS CRIPPE~. The rule provides, on a proposition to suspend the rules, fifteen min­ Mr. URNER also, by unanimous consent, introduced a bill (H. R. utes of debate shall be allowed to the friends and fifteen minutes tcr No. 5245) granting a pension to Erastus Crippen, late private of Com­ the opponents; but the Chair thinks, as this is a motion to bring the pany G, One hundred and forty-ninth Pennsylvania Volunteers; bill before the Honse for consideration, opportunity for debate could which was read a firs~ and second time, referred to the Committee on be had if the rules be suspended. In.valid Pensions, and ordered to be printed. Mr. CONGER. Is debate allowable before the question is taken on. MARGARET KLI.1'"'EDINST. the motion to suspend the rules Y The SPEAKER. The Chair thinks the wording of thtj rule would Mr. BELTZHOOVER, by unanimous consent, introduced a bill (H. allow fifteen minutes before or fifteen minutes after. R. No. 5246) granting a pension to Margaret Klinedinst, late a private Mr. CONGER. I would like to have a few words before the mo­ of Company A, Sixteenth Regiment, Pennsylvania Volunteers; which tion is made. was read a first and second time, referred to the Committee on In­ The SPEAKER. The Chair thinks that is a. fair construction, be­ valid Pensions, and ordered to be printed. cause it would weigh upon the subject and propriety of the suspen­ MARY CRAllfE.l,t. sion by two-thirds. The gentleman from Michigan claims the right Mr. BELTZHOOVER also, by unanimous consent, introduced a bill for a part or the whole of the fifteen minutes to speak against the (H. R. No. 5247) granting a pension to Mary Cramer, widow of Geor~e proposition. The rule says that there shall be a vote to debate the· Cramer, fate a private Compa,ny A, Eleventh Regiment Pennsylvama proposition. Still, the proposition, the Chair thinks, is to suspend the Volunteers; which was read a first and second time, referred to the rules and consider this case, and preference is first to be giv~n, how­ Committee on Invalid Pensions, and ordered to be printed. ever, under the rule, to those in favor of the proposition. The Chair / will then recognize the gentleman from Michigan in opposition to the PUBLIC L.Al\'DS. proposition. The gentleman from Arkansas yields to the gentleman Mr. DUNN. I am instructed by the Committee·on the Public Laqds from Alabama. _ to move to suspend the rules for the purpose of discharging the Com­ Mr. HERBERT. Mr. Speaker, this bill was introduced by myself mittee of the Whole House on the state of the Union from the further at the extra session of the present Congress. It was referred to the consideration of a bill (H. R. No. 1846) relating to the public lands Committee on the Public Lands. That committee considered it ma­ of the United States and bring it before the House for consideration. turely and thoroughly for two days. At the end of that time the The bill was read, as follows : committee reported in favor of it unanimously. The purpose of the­ Be it eqiacted, &c., That when any ]ands of the United States shall have been entered, and the Government price paid therefor in full, no snit or proceeding, bill is to provide a mode for the settlement of the n9merous suits for civil or criminal, by or in the nam~ of the United St.ates, shall thereafter be bad trespa.ss on the public lands which have been begun in many quar­ or further maintained for any trespasses upon, or for or on account of any mate­ ters of the Union and especially in the district which I have the honor rial taken from, said lands, or on account of any alleged conspiracy in relation to represent. Up to the time when the present administration came thereto, prior to the approval of this act: PTovided, The defendants in such suits or proceedings begun before such full payment shall exhibit to the proper court or into power there were few if any suits of that charactel officer the evidence of such entry and payment, and shall pay all costs accrued np The laws on the statute-books were a dead letter and trespasses to the time of snch payment. upon the public lands had become common. The Government had SEC. !:!. Tha.t persons who have heretofore under any of the homestead laws en­ permitted and by the policy it pursued had encouraged the people to tered lands properly subject to such entry, or persons to whom the rights of those ha.ving so entered for homesteads, may have been a.ttempted to be transferred by treat the public domain as common property. When the present bona fide instrument in writing, may entitle themselves to s:aid lands by paying administration came into power it adopted as a rule the prosecution therefor 1.25 per acre, and the amount heretofore paid the Government upon said in every possible shape of all persons concerned in any manner either lands shall be taken as part payment of said price: P rovi.ded, This shall in no wise interfere with the rights or claims of others who may have subsequently entered in trespassin& upon the public lands or in dealing in timber taken such lands under the homestead laws. from the pubric lands, whether the person dealing in the timberw.as­ SEC. 3. That the price of lands now subject to entry which were raised to $2.50 an innocent purchaser or not. Many of these snits have been brought per acre more than twenty years prior to the passage of this act by reason of the against persons who are innocent purchasers, dealers in logs or tim­ grant of alternate sections for railroad purposes is hereby reduced to $1.25. SEC. 4. This act shall not app1y to any of the mineral lands of the United States; ber who h::i.ve bought and paid their money, full value, in good faith. and no person who shall he prosecuted for or proceeded against on account of any Some of the logs or timber t.hey have bought is private property;. trespasses eommitted or material taken from any of the public lands after the some perhaps was cut on public land. The dealer in many cases has passage of this a.et shall be entitled to the benefit thereof. no means of knowing, in ma.ny cases he does not know, that the tim­ The SPEAKER. By the second clause of Rule XX.VIII all motions ber came from public land. He buys it in good faith, ho pays for it. to suspend the rules, before being submitted to the House, must be its full market value in good faith, he adds to its value by sawing it seconded by a majority by tellers, ii demanded. up; but all this constitutes no defense at law. He is responsible for Mr. CONGER. Has notice been given in this case as required by the full market value of the lumber he has made because the logs the rnlesT were cut on Government laad, however innocent he may be. The SPEAKER. · There has been notice in this case given to the I have no intention here to arraign the present administration or Chair. the motives of the officers of that administration. It is not neces- 1880. CONGRESSIONAL RECORD-HOUSE. 1565 sary. It is the duty of that Depart~ent to prosecute.u:J?-der the l~w Alabama [Mr. HERBERT] have expired. The Chair is advised that persons depredating upon the public lands, as all admit. But, sir, the gentleman from Arkansas [Mr. DUNN] will cla.im the remaining the Ia.ws have heretofore not been enforced against trespassers. The five minutes to which he is entitled after the gentleman from Michi­ people have not only been permitted but have been encourage~ to gan [Mr. CONGER] has spoken. trespass upon the public domain. Every homestead law haa given Ml'. CONGER. I think the rulerequiresthosein favor of the prop­ a. preference to the trespasse:. To commE>;n~ suddenly a system of osition to exhaust their :fifteen minutes first, before the fifteen min­ prosecutions, to enforce them ngor~usl:y, e;c~tmg the extreme penalty utes are allowed in opposition to the proposition. of the law, is cruel and harsh. This b~ is SlIIlJ?lY an att~mpt on the The SPEAKER. The rule is not peremptory on that point. It says: part of those having it in charge to provide a fair and eqmtable mode One.half of such time to be given to debate in favor of aad one-half to debate in for the·settlement of these snits, a mode that will prevent further oppoption to such proposition. resort to the system of spies and inf?rmers the Govern~?nt has felt Mr. PAGE. Who has the flood itself forced to resort to. Spies and informers, blac~ailing one ~nd The SPEAKER. The Chair has recognized the gentleman from reportinO' on another, now infest all parts of our timber-growmg 0 Michigan [Mr. CONGER] to oppose the proposition. regions. The bill provides that where persons shall p~y the Govern­ Mr. CONGER. Let the fifteen minutes in its favor first be ex­ ment prices for the lands and pay all costs of prosec~t10n, ey-ery cent hausted. of costs the United States has been put to, then the smts agamst them Mr. PAGE. · I shoald like to be allowed five minutes. shall be dismissed. Mr. DUNN. All the time allowed to me :S engaged. I have aO'reed It provides further by amendment that it shall not apJ?lY to any to yield five minutes to the ~entleman from Minnesota, [Mr.WASH­ trespass committed after the 1st day of March, 1879. This amend­ BU~,] after the gentleman from Michigan [:rtlr. CONGER] has spoken. ment was agreed to by the committee after hearing what was the Mr. ROBINSON. I wish to ask the gentleman in charge of this bill opinion of the Commissioner of the General Lan~ O~ce. . I my~lf where is the restriction that makes March, 1879, the limit f consulted with that officer, and he approves of this bill as it now 1s, Mr. DUNN. That is in the amendments to be reported by the com. with the amendment proposed by the committee, as being subst:;i.n­ mittee. I will report those amendments as soon as the rules are sus­ tially a fair and equitable basis upon which to settle all these smts. pended and the bill is brought before the House for consideration. Mr. BLOUNT. I would like to ask the gentlemal?- w~ether the Mr. ROBINSON. I would suggest that before we vote on the prop­ Secretary o;. the Interior has made any recommendation Ill that re· osition to suspend the rules those amendments should be read for the spect 'I information of the House. · Mr. HERBERT. He has not. The SPEAKER. They may be read for information. M1'. PAGE. Will the gentleman from Alabama allow me one ques- Mr. DUNN. Will the time occupi1 in the reading be taken from tion' the time allowed for debate f Mr. HERBERT. Certainly. Mr. ROBINSON. I thought the friends of the bill had five minutes Mr. PAGE. I have just seen the bill. I suppose the object of this which they did not know what to do with. is to relie-ve parties who have tre~p~f'.r;ed unde~ the land laws !or The SPE.AKER. The gentleman from Massachusetts is mistaken. depredations of timber on the public 1ands. Owing to the confusion The time which remains for debate in favor of the proposition has in this part of the Hall I have not had the pleasure of hearing the been yielded to the gentleman from Minnesota, [~Ir. W A.SIIBUR...~.] beginning of the gentlem:m's remarks. The gentleman from Michigan [Mr. CONGER] makes the point of order Mr: HERBERT. I will state to the gentleman who represents Cal­ that the gentleman from Minnesota must proceed now, and that the ifornia iri part, that there is an amendment to th~ b~ which makes whole fifteen· minutes of debate in favor of the proposition must be it not applicable to the States of Ore~on, Califorma, o! ~evada.. occupied together. The Chair thinks that is at least a hard construc- 'l'hat exception was made on the suggestion of the CommISs10ner of tion to put on the rule. . the General Land Office, because there is already system provided by Mr. ROBINSON. I wish to suggest that on a measure of this great statute applicable to those States. importance we ought not to be delayed by a mere technicality so that Mr. PAGE. Yes; there is a special law. we should not hear read amendments which ought to be read for the Mr. HERBERT: Yes, and this bill does not in any way interfere information of the House before we vote on the proposition to sus­ with the law as it now exists in those States. And I will say to the pend the rules. I hope that will be allowed by unanimous consent. gentleman from California further, that this is a better bill than that Mr. DUNN. There is no objection to having the amendments read which was passed by the Forty-fifth Congress for those States west now. It is merely a question of the consumption of time. of the Rocky Mountains, in this, it carefully provides that its pro-. The SPEAKER. The Chair will not charge the time occupied· in visions shall not be applicable to any person committing trespass on the reading to the time allowed for debate. the public lands after the 1st day of March, 187.9. In <;>ther words, Mr. DlTh"'N. The amendments are unanimously reported from the from that time on, the people everywhere had fair warnrng that the Committee on the Public Lands. _ policy of this Government as to its publi~ lands ('!'hi~h had hereto­ Mr. WILLITS. I wish to ask the gentleman fromArkansasaques­ fore been liable to trespass and depredations of this kmd) was to be tion. Does the Secretary of the Interior recommend this bill f .ehancred. Prosecutions had been begun. This gives fair notice to Mr. DUNN. I know of no communication that has been had with all tr~spassers that the Government would no longer submit to it. the Secretary of the Interior on the subject of this bill. The gentle­ The amendment in this bill provides that no person trespassing after man from Alabama [Mr. HERBERT] has had an interview with the the 1st day of March, 1879, can claim the benefits of the bill. Commissioner of the Genera.I Land Office, who concurs in and indeed In other words, Mr. Speaker, the bill is simply a mode of settling suggested most of these amendments. all these suits which were begun against people who were led by the Mr. WILLITS. Is the gentleman from Arkansas at all advised conduct of this' Government itself, or by the negligence of this Gov­ what the views of the Secretary of the Interior a.re T ernment itself, for generations back, and by the policy of the laws Mr. DUNN. Personally I am not. of this Government, into trespassing upon public lands. Mr. WILLITS. I am informed that the Secretary of the Interior Mr. FORT. Will the gentleman answer a question f is opposed to this bill. Mr. HERBERT. With pleasure. l\Ir. PAGE. I wish to say that the commission appointed by the Mr. FORT. I wish to ask the gentleman about how many suits President under the law of last Congress has recommended substan­ have been begun and what is the value of the timber that has been tially the provisions of this bill. taken so far as the committee may be advised f The SPEAKER. The proposed amendments will be read. l\Ir. HERBERT. I have no means of knowing how many suits have The Clerk read as follows: been begun. A great many were begun, I know, in my district. Suits wereoegun against the trespassers, poor men, laboring men, who by Amend bill (H. R. No. 1846) by striking out the words "the approval of this act," where they occur in line 9 of section 1, and insert in lieu thereof the words the sweat of their brows bad taken the timber from the public lands and figures "March 1, 1879." and in many cases these were nolle-prossed; others are pending ; others 2. By striking out in lines 10 and 11, section 1, where they occur, the words ''be­ have been brought against persons who have purchased the timber. gun before such payment." And gentlemen 1rnow that if property be taken from the land of the 3. By inserting the word "entry" in line 13 of section 1, in lieu of the word "payment." United States, timber belonging to the Government, and put into 4. By inserting in lieu of the words " $1.25 per acre," in lines 6 and 7 of section merohantable shape, into the shape of a mast or of a spar, a tree which 2, the words" the Government.price." at the stump wouid not be worth more than :fifty cents or a dollar 5. Amend section 4 by adding at the end thereof the following : "Provided, This may become, if free from all defects, worth $75 or $100 by the time it act shall not apply t-0 lands in California., Oregon, Nevada, or Arizona.." has got to market. .And yet the Government has the right in strict­ Mr. POU.ND. I rise to make a parliamentary inquiry. ness of law to recover of him who has purchased this mast or spar The SPEAKER. The gentleman will state it. the full amount of $75. The simple question for us, the law-making l\Ir. POUND. I desire to inquire whether it would be competent .department of the Government, is whether under all the circumstances to move an amendment to either of these amendments which have it is not wiser, whether it is not fairer, whether it is not more just to been reported by the committee T the people to say, by adopting this bill, we will forgive no future The SPEAKER. It will be, if they are not cut off by calling the trespassers on the public domain, but we will provide a mode by previous question. which the Government will be paid for its lands on which trespasses Mr. DUNN. It is my purpose, a.a soon as the l£ouse shall vote to have been committed, by which it will be paid its costs, and by com­ consider this bill now, to report these amendments which have b~n pliance with which defendants may rid themselves of embarrassing read. lawsuits. . Mr. POUND. - My question is whether other amendments will .be The SPEAKER. The ten minutes yielded to the gentleman from allowed. 1566 CONG~ESSIONAL ·RECORD-HOUSE. MABcn 15,.

Mr. DUNN. I am not authorized to allow other amendments. As the payment of individual costs in suits already commenced. Large· soon as! have reported from the Committee on the Public Lands the sums of money, amonnti.ng to hundreds of thousands of dollars, which amendments which have been read, I will yield to the gentleman the Government has expended in following up and exposing these· from Alabama, [Mr. HERBERT,] who will take char~e of the bill. nefarious transactions, (to say nothing of the cost of so many suits,)\ Mr. POUND. If the gentleman will permit, I will state that the are to go for naught. Those who have done a great wrong are by­ reason of my inquiry is that I have been informed that the friends one act of law to nave gathered into their embrace all the property· of this bill would permit an amendment which would make it appli­ taken, with all the value placed upon it by its manufacture. The· cable only to cases which have occurred prior to January 1, 1878. I see Government is to pay for this. We are to condone t.he guilt of the, that the committee have reported an amendment making it applica­ wrong-doers and restore to them all that they have purloined, stolen, ble only to cases that occurred prior to 1879. taken, trespassed upon. . The SPEAKER. The gentleman from :Michigan is entitled to the To any one who will read the bill, all these considerations must :floor for :fifteen minutes. suggest themselves. I have tried only to call attention to the meas­ Mr. CONGER. This very important bill was referred to the Com­ ure, and ask whether it is proper that the Committee of the Whole-· mittee of the Whole and placed on the Public Calendar so that it should be discharged from the consideration of the bill that it may could be considered in general debate and be amended and discussed be placed where its full discussion can be prevented; where the pre­ under the five-minute rule. In that position this very dangerous and vious question can be called, with no opportunity allowed for amend­ sweeping bill could be considered, could be amended, could be shown ments which my friends here desire to offer. ·Shall we place the bill.4 up to be exactly what it is in all its naked and in all its concealed in a situation to be passed, if possible, without discussion and with­ deformities. No man in :fifteen minutes can go through the recital out knowledge on the part of members of the House as to its real of the facts necessary to an understanding of this bill. I shall not object and merits f attempt to do so. I have fnlfin.ed a duty unpleasant to myself in antagonizing the I propose to say just so much as occurs to me now and as I have taking of this bill from the Committee of the Whole. lf it oan be time to sav, to satisfy gentlemen of the Honse, if I am able, that discussed there, let it stay there. If it can be shown in Committee under all the rules of the Honse and for all reasons of ri~ht and jus­ of the Whole that the bill is just to the Government, j ost to the peo­ tice and governmental propriety this bill should be left m the Com­ ple, just to those who desire to pre-empt or already have homesteads mittee of the Whole to receive there a careful and prudent considera­ on this land, there will be opportunity to show all this; tb.ere will be tion. none under the manner of treatment now proposed. I call upon The occasion {or the passage of such a bill as this arises from the those who desire to protect the interests of the Government and of fact that in the United States a very large number of trespassers, the great maB es of the people as against trespassers, not to take this both individually and, as is alleged, collectively, by their own indi­ bill from the Committee of the Whole, where it can be thoroughly vidual wrong-doing, and collectively by conspiracies and attempts to sifted. mislead and attempts to defraud the Government of the United States, If I am wrong in my views, if I have been misinformed, if it b& have entered upon the timber lands of the Government, mostly in the true, as I understand it to be, that the Secretary of the Interior, who Southern States, somewhat in the North, where the Government has has zealously prosecuted all these trespaesers, is opposed to the bill, remaining timber lands, and have taken and appropriated to them­ and-would say so except that he does not desire to obtrude himself selves, and sold to others wherever they could find a market, the into our legislative proceedings, that will appear. If there be any property of the Ui;rlted States without i:ight and without authority of good reason for passing the bill, that will appear. Until these things law, and in so domg have covered t!wir tracks wherever they could do appear, I warn gentlemen against placing themselves on record as in making these acquisitions of the Uniteo States property, and have encouraging the stealing of the property of the United States from involved all over the country innocent purcha ers of the property any quarter, and condoning the theft uy paying a premium to the which is the subject-matter of this bill. trespa sers at the expense of the people. In other words, if we were talking about the relations of the Mr. DUNN. I yield to the gentleman from Minnesota, [Mr. WASH­ parties to be protected by this bill toward private citizens, we should BUR.V.] call them the stealers of property, the thieves of property, the con­ Mr. WASHBURN. Mr. Speaker, I shall occupy only a very few spirators to Q.efraud individuals of property. These parties have been moments in discussion of the bill under consideration. The gentle­ prosecuted under the law, a large number of them, both for the tres­ man from Michigan [Mr. CO:NGER] has, it seems to me, endeavored pass, as it is called, on the public lands, or the stealing of this prop­ to mislead the House with regard to the force and effect of this bill, erty of the United States, and by suits brought against scores of indi­ and I desire to correct the impression which he may have created. viduals for conspiring together in numbers more or less to defraud Mr. CONGER. I believe I have one minute remaining. I will the United States of its property and of its rights. yield that, after the gentleman from Minnesota has finished, to th& It only needs to have the bill read to see the character of the trans­ gentleman from Georgia. actions which are to be covered, not with the scriptural mantle of Mr. WASHBURi~. This bill when introduced was referred to the­ charity, but to be covered by the mantle of legislation. What is this Committee on Public Lands, who after very careful and deliberate bill Y It is a bill to permit the original trespassers upon the public consideration agreed that it was just a~d proper. They therefore­ lands and the original conspirators to hide their tracks in thus "tak­ recommended its passage. Before that, however, I went to the Com­ ing" the public property, to use the milder phra e which it always missioner of the General Land Office and submitted the bill to him, becomes my nature and disposition to use on these occasions to shield asking his judgment upon it. He said that with two or three amend­ them from further prosecution, to shiel9. them from punishment for ment which he suggested the bill was right and proper, and that it their wrongful acts; in the language of this bill, to give back to them was really the most equitable and practicable t>ettlement that could the material which they had thus taken by trespass or by theft, to be made of this litigation which has grown up in the last two years. give it back to them with all the rights of property, and thus allow Now, Mr. Speaker, the facts are simply these: For the last twenty them to follow, not only those who have purchased from their col­ ·yeara or more it has been the practice of the Government almost.. leagues in this wrong, the co-conspirators in this wrong, but even to uniformly to allow people to cut timber from the public lands. Th& follow those who have made purchase of this property when taken officers not only peripitted this but invited it, o t hat it has been and sold by marshals of the United States; to follow the property regarded not as a crime or misdemeanor, but as a transaction entirely out on to the Gulf, to all the Gulf ports, and on all the railroads to legitimate. It ha.s been going on all over the country for many years. every interior station; to follow it to the very house of the purchaser The present Secretary of the Interior has, however, taken steps (very who bought this property and incorporated it into his home. properly I think) to stop this abuse. In the course of the investiga­ Mr. HERBERT. Will the gentleman allow me to explain why that tion which he very properly made he found that in very many cases term ''conspirator" was put in the bill '? I put it in myself. trespassers had cot timber seven or eight years ago, had ta.ken the Mr. CONGER. Not now. If the House will do its duty and keep logs to market, sold them and received the pay therefor. The suits this bill in Committee of the Whole there will be time enough there now pending are almo-t invariably, so far as my section of the country for all the explanation that can possibly be given for the passage of is concerned, brought against innocent purchasers. The property such a wondrous, such a remarkable, such an iniquitous bill. was traced into their hands; they had converted it and are held Mr. HERBERT. I will not take more than one minute to explain, responsible, while the partie who really committed the trespass, the if y·ou will let me do it. men who cut the logs seven or eight years ago, are irresponsible and Mr. CONGER. The gentleman desires to have a. vote upon the mo­ cannot be reached. Thus the effect of this litigatid'n is that innocent tion to suspend the rules and discharge the Committee of the Whole parties, men who bought the logs and paid the full price for them from the consideration of this bill, without any explanation at all. six or seven years ago, are at this late hour called upon to pay again He desires to fake the bill away from the Committee of the Whole the entire amount. and bring it into the Honse where the majority can control it and 'l'hese men are in a po ition from which they should be relieved; keep out amendments under the previous question. and the effect of this bill is simply to allow them to go back and enter Mr. Speaker, this bill proposes to release hundreds of men under the identical land from which these logs were cut. I do not see that prosecution or liable to prosecution. It releases hundreds of thou ands by this measure any great injustice is to be done to the GoYernment. of dollars' worth of property now in the hands of the officers of the I do not see that anybody is to be robbed. The bill merely allows United States. This Government has expended large su:ms of money these people who have been led into difficulty to n-o back and enter in trying to protect the interest.a of t he United States and the people the land de no-vo in the same manner as they could have done many against trespa sers, against thieves on the public Janas, against con­ years since and before the logs were cut. spirators who have carefully concealed their trespasses from the eye It seems to me that the bill is a proper one. The Commissioner of' of the public and from the eye of the Government. This bill requires the General Land Office has properly described it as the most equit-·

I . / rs CONGRESSIONAL .RECORD-HOUSE. so. ,..,.,,,,1567 .,, ...... able and practicable method that can be reached for the settlement Mr. PRICE with Mr. DEERING. of this whole business. I trust it will be passed. Mr. CROWLEY with Mr. MONEY. The question being taken on the motion to suspend the rules, Mr. CHALl\:lERS with Mr. VAN VOORHIS. The SPEAKER declared that in his opinion two-thirds had not Mr. MULLER with Mr. EINSTEIN. voted in the affirmative. Mr. URNER with Mr. McLA...~E. Mr. HERBERT called for tellers. Mr. FROST with Mr. YOCUM. Tellers were ordoced; and Mr. HERBERT and Mr. CONGER were Mr. KETCHA.i."\I with Mr. EWING. appointed. Mr. MARTL~, of North Carolina, with Mr. ARMFIELD. The Honse divided; and the tellers reported-ayes 90, noes 60; less Mr. CRAPO with Mr. GIBSON. than two-thirds voting in the affirmative. Mr. REED with Mr. DICKEY . . Mr. LEWIS demanded the yeas and nays. . l\Ir. BRAGG with Mr. LO~G. The yeas and nays were ordered. Mr. RICHMOND with Mr. PRESCOTI'. The question was taken; and it wa.s decided in the negative-yeas Mr. STEPHE...~S with Mr. BAKER. 114, nays 89, not voting 89; as follows: Mr. DICK with Mr. S:mTH, of New Jersey. YEAS-114. Mr. HEILMAN with Mr. CALDWELL. Acklen, Finley, Manning, Singleton, J. W. Mr. TOWNSHEND, of Illinois, with Mr. DWIGHT. Aiken, Ford, Martin, J3enj. F. Singleton, O. R. Mr. WISE with l\fr. BINGHA.:'lf. Atkins, Forney, McKenzie, Slemons, Mr. STEELE with Mr. BOYD. Berry, Frye, McMillin, Sparks, Mr. BACffi.'1AN with Mr. BARLOW. Bicknell, Geddes, Mills, Si>ringer, Bliss, Goode, Mo.rrison, Talbott, Mr. JORGENSEN with Mr. BEALE. Buckner, Gunter, Morton, Taylor, Mr. LADD with Mr. LDIDSEY. Calkins, Hall, Muldrow, Thompson, P. B. Mr. YOCUM with Mr. O'BRIEN. C~enter, Hammond, N. J. Muller, Tillman, Mr. CALKINS with Mr. HOOKER. Clark, John B. Harmer, 1\Iyers, Townshend, R. W. Coffroth, Harris, John T. New, Turner, Oscar Mr. MARTIN, of Delaware, with Mr. SmTH, of Pennsylvania. Cook, Hatch, Nicholls, Turner, Thomas Mr. HUTCHINS with Mr. DWIGHT. Covert, Henkle, O'Connor, Updegraff, Thomas Mr. CALKINS. I was assured that Mr. HOOKER, if present, would Craven.a, Henry, O'Reilly, Up OD, vote in the affirmative, and therefore I voted in the affirmative. Cnlbersen, Herbert, Orth, Vance, Davidson, Herndon, Page, Van Voorhis, Mr. V Al~ VOORHIS. I was assured that General CHALMERS, with DaTis, Joseph J. Honse, Persons, Waddill, whom I am paired, if present, would vote in the affirmative, and Davis, Lowndes H. Hull, Phelps, Washburn, therefore I voted in the affirmative. DeLaMatyr, Hunton, Philips, Wellborn, Dauster, Hutchins, Phister, Wells, ABOLITIO~ OF TOLLS, LOUISVILLE AND PORTLAND CA...~AL. Dibrell, Johnston, P..eagan, Whitthorne, Dunn, Jones, Williams, Thoma.s l\fr. CABELL. I have been instructed by the Committee on Rail­ Dunnell, Kimmel, ~~:2J'.n, J. S. WilliR, ways and Canals to move that committee be discharged from the Elam, Russell. Daniel L. Wilson, further consideration of a bill (H. R. No. 4507) to abolish all tolls at Ellis, filf~ Samford, Wood, Fernando the Louisville and Portland Canal, and that the same be passed. Errett, Knott, ' Sapp, Wright, Evins, Lewis, Sawyer, Young, Casey. The bill, which was read, provides that after the 1st day <;>f July, Felton. Lounsbery, Scales, 1880, no tolls shall be charged or collected at the Louisville and Port­ Ferdon, Lowe, Shelley, land Canal, but the Secretary of War shall be authorized to draw NAYS-89. his warrant from time to time upon the Secretary of the Treasury to Aldrich, William Colerick, Humphrey, Robinson, pay the actual expenses of opera.ting and keeping said canal in re­ Anderson, Conger, James. R-0ss, pair. Bailey, Cowgill, Joyce,· Rossell, W. A. Mr. CABELL. That is accompanied by a report which can be read Baker, Dag~ett, Kelley, Shallenberger, by the Clerk if desired by any gentleman. Ballou, Davis, George R. Kenna, Sherwin, Bayne, Davis, Hora<:e Marsh, Simonton, Mr. BLOUNT. I hope it will be read. Beltzhoover, Farr, Mason, Stevenson, The SPEAKER. The first question under the rule is the seconding Blake, Field, 1\IcCoid, St-one, the motion for the suspension of the rules. Blount, Forsythe, McGowan, Thomas, Mr. BLOUNT. Is it in order to ask for the reading of the report at Bouck, Gillette, Miles, Thompson, W. G. Bowman, Godehalk, Monroe, Tyler, this time T Brewer, Hammond, John Neal, Updegraff, J. T. The SPEAKER. The report might be read as a part of the debate Browne, Harris,Benj. W. Newberry, Valentine, provided for under the rule. There should be a second first, because Burrows, Hawk, Norcross, . VanAernam, it is hardly desirable debate should be a1lowed if there shall be no Butterworth, Hawley, O'Neill, Wait, Camp, Hayes, Osmer, Ward, second of the motion to suspend the rules. Cannon, Hazelton, Overton, Williams, C. G. Mr. CABELL. I do not propose to debate it at all. I am satisfied Carliele, ~li}derson, Pacheco, Willits, to rest the case on the report. Caswell, Poehler, Wood, Walter A. Mr. WILLITS. I demand a second. Chittenden, Hiscock, Pound, Young, Thomas L. Claflin, Hostetler, Rice, The SPEAKER appointed as tellers Mr. CABELL and Mr. WILLITS. Clymer, Houk, Richardson, D. P. The House divided; and the tellers reported-ayes 143, noes 11. Cobb, Hubbell, Robeson, So the motion to suspend the rules was seconded. NOT VOTING-89. The SPEAKER. Is debate demanded f Aldrich, N. W. Crapo, Ladd, Ryan, Thomas l\Ir. DUNNELL. I ask that the report be read. Armfield, Crowley, Lapham, Ry?n, John W. Mr. CABELL. As I do not care to occupy the floor myself in de­ Atherton, Deering, Le Fevre, Srmth, A. Herr bating this question, I have no objection that the report be read now. Bachman, Dick, Lindsey, Smith, Hezekiah B. The SPEAKER. The report had better be read as a part of the Barber, Dickey, Loring, Smith, William E. Barlow, Dwight, Ma1·tin, Edward L. Speer, gentleman's time. . Beale; Einstein, Martin, Joseph J. Starin, Mr. CABELL. For myself I have no objection to that. Belford, .• Ewing, :McCook, Steele, The rep~rt was read, as follows: Bingham, Fish r, McKinley, Stephens, BlaoK.bnrn, Fort, McLane, Townsend, Amos The navigation of the Ohio Rh·er is obstructed at Louisville, Kentucky, during Bland, Frost, McMahon, Tucker, ten months of the year by a natural impediment known as the " Rapids," or Boyd, Garfield., Miller, Urner, "Falls." In the year 1825, for the purpose of overcomin C7 this imped.irilent. the· Bragg, Gibson, :Mitchell, Voorhis, Louisville and Portland Canal Company, under a charter ~m the State of Ken­ Briggs, Haskell Money, Warner, tucky, constructed a canal around the falls, at a cost of over $1,000,000. In thi& Brigliam, Heilman, Morse, Weaver, company the United Stat.es was an original stockholder to the a.mount of $233,500. Bright, Hooker, Murch, Whit.e, Recognizing the ~ation::l importance of the improvement and responding to the Cabell, Horr, O'Brien, Whiteaker, demands or public sentiment, the Federal Government gradually purchased with Caldwell, Hurd, Pierce, Wilber, its accrued dividends the residue of the stock. In the :year 1846 it had purchased Chalmers, Jorl!iensen, Prescott, Wise, the greater portion, and at the close of the vear 1855 1t owned t-he whole of the­ Clardy, Keifer, Price, Yocum. property, except five shares, valued at $5GO. "Subsequently these five shares were Clark, Alvah A. Ketcham, Reed, bou1;tbt, and on the 11th of June, 1874, the Government assn.med, and has eversince­ Converse, Killinger, Richmond, retained, the sole management and control. · Cox, Klotz, Robertson, The Louisville and Port.land Canal is the connootina link in the great cha.in oi commerce between the cities of New York, Philadefphia., Baltimore; and other So (two-thirds not having voted in favor thereof) the rules were places east of the Alleghany, and the cities of Pittsburgh, Wheeling, Cincinnati. not suspended. Louisville, Saint Louis, and other important points west and northwest of the Ap­ palachian Range. It is the lock and key to the whole system of river navigation At the conclusion of the roll-call the following pairs were announced from the headwaters of the Ohio to the Gulf of Mexico. Over three thousand boats from the Clerk's desk : .and barges pass through its locks in the descending and ascending navigation of Mr. CLARK, of New Jersey, with Mr. BRIGHAM. . the Ohio River. The namber of t-0ns carried by these boats during the past year Mr. RYON, of Pennsylvania, with Mr. MITCHELL. was 999,610. This immense tonnage will, it is believed, in the near future attain even more gigantic proportions. , Mr. McCOOK with Mr. LE FEVRE. Up to the 11th of June, 1874, the tollaae paid by all vessels propelled by steam Mr. GARFIELD with Mr. TucKER. ~ was fifty cents per ton. From the year 1831, when the canal was first opened for Mr. CLARDY with Mr. SAPP. business, t-0 1872, the tolls received at this point amounted to S5,157,2fi. Since the­ ATHERTON with l\fr. MCCOID. Government assumed control the tolla have been reduced to one.fifth of the former­ Mr. amount. But, even with this reduction, over $300,000 has been collect.ad, thus Mr. CABELL with Mr. FISHER. swelling the grand total which the producere and shippers of. twelve or fourteen 1568 CONGRESSIONAL RECORD-HOUSE. MARCH 15;

States of our country have paid to pass an obstruction of less than two miles on for free commerce upon all of these interior waters as well as the ·one of our national hi~hways to over $5,500,000. The bill under consideration proposes that at the close of the present fiscal year external harbors of the United States. But in regard to this canal the t.olls now collected by the Government shall cease. Your committee report that allow me to say first that there are three canals on which Govern­ such a result is in accord with the spirit, if not the letter, of former treaties ; that ment money has been expended where the tolls still remain, although it is in accord with t.be action of the State of Kentucky, through her Legislature, built entirely by Government appropriations. and of the board of trustees of the canal company, preliminary to the surrender of the property; and that it has been emphatically favored by numerous committees One of these to which I allude is the Sault Ste. Marie Canal, upon . of this House in former Congresses. The treaty of Paris, negotiated in 1783 ; the which tolls to a much larger amount in the aggregate, although perhaps treaty with Spain, negotiated in 1795 ; the ordinance of 1797, and many subsequent not greater on the tonnage, are still collected. I recall, Mr. Speaker, acts of Congress, provide for the absolute freedom of the Mississippi River and· its what to the old members of the House are very familiar subjects, tributaries, and dedicate them to the world as great national highways, to be kept forever free from any t.oll, tax, or duty of any kind whateve1·. that after the Government had expended I think about $3,470,000 or As far back as the 4th of March, 1834, a bill was reported to this House from the near that sum in rebuilding the Louisville and Portland Canal, it Committee on Roads and Canals to buy the stock of this canal, and make the navi­ was found that although the Government had acquired in one way ·gation of the Ohio River "free to all." "The munificence of the Government," says and another most of the stock of the old canal, and gent1ernen will the committee "has been often extended to the Atlantic States, in expenditures on the seaboard and elsewhere, and now every sentiment of justice and impulse of remember that the $5,000,000 tolls was collected by a private company -patriotism plead for the exercise of the same liberality toward those who inhabit chartered by the State of Kentucky, and all these tolls went into the the valley of the Mississippi." 0 pockets of private individuals and not to the Government-- On the 3lstof December, 1845, the Committee on Commerce in this House reported Mr. FORT. That relates to the stock held by the Government of a resolution making the Louisville and Port.land Canal " free from toll." On the 27th of February, 1851, the Committee on Roads and Canals in the Senate reported the United States f a bill to the same effect; and on the 2d day of August, 1852, the same committee in Mr. CONGER. The United States surrendered its portion of it to this House submitted a similar bill, with an elaborate report in its favor. the canal company by act of Congress. To the same end the State of Kentucky, by an act of its Legislature of February Mr. WILLIS. The gentleman from Michigan I know would not ·21, 1842, authorized the canal company to sell the shares owned by individuals, or the State of Kentucky, for the city of Louisville, •· for the purpose of eventually misrepresent the facts, but he is entirely mistaken. making the said canal free of tolls." So, also, on the 14th of December, 1867, Hon. Mr. CONGER. I had an examination of this snbject as a member James Guthrie, then president of the canal company, in reply t.o a note of General of the Committee on Commerce for so many months or years, I may "'Weitzel, declared that the object of the trust which the company held was to" make the canal sufficient for the requirements of the Ohio River, and, finally, to make it a say, that I think I know the facts generally. But it is not material j ree canal." and I will not insist. • The Government was only a small shareholder. These various treaties, reports, acts, and official declarations clearly indicate that But the point is this: It was found that after the Government had for nearly half a century it has been the desire and intent of the Government to se­ expended the amount necessary, and more than was necessary, to open cure the free navigation of the Ohio at this point. But whatever be the meaning of former treaties and resolutions, your committee are of opinion that the time baa this great channel of commerce, advocated by all of us in the House now arrived when, aa a matter of right as well as of policy, every restriction or tax and the money appropriated in the river and harbor bill from year should be removed and this canal declared free to the whole world. to year until it was finished, it was found then that although the " Tbe right of way," once said a great statesman, "is the right of the million." stock of the company had been in some way secured and the United The sovereign holds it in trust, and can exercise it only for their benefit, and has no right to make a revenue or permit a revenue to be made out of it. Such a States surrendered what belonged to Kentucky and what belonged to course must engender the worst oppression and the worst corruptions, and soon individuals, there yet rema.ined outstanding bonds of the company realize the view of the worst governments-taxation on all we consume-which in the hands of private individuals for nearly a million and a quar­ will allow nothing to go to or from the markets without tribute to the state. ter of dollars. I think, aside. from the cost of constructing the new Your committee find that in every other instance except that of the Louisville and Portland Canal this great popular right has been recognized and respected. canal, the amount was between$1,100,000 and$1,200,000, but in round At the Ea-Os jetties, at the harbor of New York, at the canal uniting the upper numbers, with interest, it amounted to about one and a quarter mill­ and lower rapids of tbe Mississippi River, and at various other points vast sums ion dollars. A bill was passed reducing tolls from fifty cents to twenty­ of money, amounting to hundreds of millions, have been expended. From none of five cents a ton. The bondholders went into the courts and enjoined these works, of which the Government is the sole owner, has any toll or tax ever been demanded, and yet hardly one of them is of more imoprtance or more national this reduction of the tolls under the law of Congress, because the in its chara-0ter than this canal. tolls were pledged to the payment of interest and the final payment Your committee see no reason why the people of the Ohio and Mississippi Val­ of this million and a quarter of bonds. The bondholders, as against leys should be deprived of the benefits of that policy which has been so fully pur­ Congress and as against those who desired a reduction, were success­ sued, to the advantai;e of commerce, at every other point in the Union, and there­ fore report back the oill and respectfnlly recommend that it be adopted. ful and victorious in the courts. Then we looked for some other way of making a free canal. We Mr. CABELL. The report just read sets forth so fully the facts in studied the question carefully for a year or two before we conlu per­ connection with this matter that I do not care to discuss it any fur­ fect the bill, and finally Congress was forced, in order to approach ther. Unless gentlemen on the ·other side desire an opportunity to the subject of a free canal or free commerce at all, to the necessity do so I hope the vote will be taken on it at once. of voting in round numbers a million and a quarter of dollars directly Mr. CONGER. I desire a few minutes on this question. out of the Treasury to pay these bonds. A law was passed, and aside The SPEAKER. The gentleman will be allowed fifteen minutes from the three or four million dollars to build this new cana1 we were in opposition to it. obliged to vote directly out of the Treasury to pay the old bondhold­ Mr. DUNNELL. Have the fifteen minutes allowed in favor of the ers a million and a quarter of dollars. With the consent and approval bill been entirely consumed in reading the report T of the executive committee of the steamboat owners association, who :Mr. CABELL. I bad intended to yield five minutes to the gentle­ had their representatives here, many of them large owners of steam­ man from Minnesota in favor of this bill if he desired. boats on the river, and if I should mention their names gentlemen M1·. CONGER. I will yield fivo minutes to the gentleman from would all recognize them as such, it was finally agreed that the Gov­ Minnesota ont of my time if he desires it. I presume he wishes to ernment would appropriate a million and a quarter of dollars and speak in favor of the bill. remove that obstruction which stood in the courts and everywhere Mr. DUNNELL. I do. against making a free canal. But, for the incidental expenses, the The SPEAKER. How many minutes does the gentleman yield 7 payment of the interest that was provided for, and the working of the .:Mr. CONGER. · I will yield to him five minutes. canal, it was agreed all around that until there had been repaid to the Mr. CABELL. Was it proper to take the time allowed on this side Government this million and a quarter of dollars there should be a and consume it in reading the report T reduction to ten cents a ton, and that that should be collected until The SPEAKER. The gentleman stated himself that he had no this advanced money was paid, and that thereafter there shoulU Qnly objection to have the report read in his time. be such an amount of tolls as should pa.y for opening and closing the Mr. CABELL. I stated that so far as I was individually concerned locks and working the canal, which would be a very small amount of I did not desire to debate the proposition; but there are other gen­ toll on so large a tonnage. tlemen who do desire an opportunity of saying a word upon it, if In the interest of commerce, in the interest of navigation, in the debate is had in opposition to it, and I wish to yield to them. interest of all those people of the Ohio Valley, and those beyond and The SPEAKER. The Chair will hold the reading of the report as on this side, we laboredforweeks and weeks and months and months in the nature of debate in favor of the proposition. to find some way in which to cut that Gordian knot, with which the Mr. CONGER. Jn order that what I may say may be entirely fair, ·bondholders, by the action of the courts, were preventing us from_ I will now occupy a portion of the time that I am entitled to, and even approaching the freedom of commerce and navigation on that then, at the expiration of ten minutes, will yield the remaining five canal. .A. rate of fifty cents a ton on this tonnage was enormous and minutes of my time to gentlemen on the other side to answer what the old canal company and the bondholders ba.d received between I may say. five and six millions. of dollars of tolls upon the old, small, imper-. Mr. CABELL. That is entirely satisfactory. feet, almost, as it was said, worthless canal. . M.r. CONGER. Mr. Speaker, for all the length of time that I have I do not make these remarks, Mr. Speaker, to oppose this motion. been a member of this House I trust I have been aa active and earn­ If the committee were to present the case fairly to the House, as I est as any member of the House in reference to the improvement of think in justice they ought to do, when they ask us to remove all our water communications and making them pra~tically free to the tolls, and when, let it be remembered, theyproposeto make a perma­ commerce of the United States. Such has been my desire, and I nent appropriation out. of the Treasury, without any new appropria­ think I have always acted in that direction. If the committee which tion from year to year, for all expenses of working the canal and reported this bill had reported the substantial facts in the case, I keeping it in repair, I think the committee should have stated these should not have desired to make any remarks at all. And I wish to important and serious facts. The CONGRESSIONAL RECORD and the say now in regard to this great channel of commerce and all others reports of the Committee on Commerce in those days will show how which are internal or which may be improved I am very anxious anxious everybody was to remove this burden on commerce and how that every possible facility shall be given for their navigation and gratified we all were, who were in favor of free navigation of our 1880. CONGRESSIONAL RECORD-HOUSE. ·1569

waten;, that we were able to get the House to appropriate a million I refer the gentleman for these facts to the report made by Mr. and a quarter of dollars to pay up these bonds and then to reduce the Tibbatts, from the Committee on Commerce, to the first session of the tolls down four-fifths. I do not make these remarks exactly to· op­ Twenty-ninth Congress on the 31st of December, 1845. pose the bill. I make them that the House may understand that This report emphatically protests against these tolls as a tax upon former Congresses did a very great work when they did pay out to the agricultural products of the West and South and the manufact­ 'bondholders the million and a quarter of dollars, beside the three or ured goods of the East, ultimately paid by the· consumers, and de­ four million dollars to enlarge and make good the canal, the only clares them to be a heavy and burdensome imP.osition upon the com­ thing reserved to save the expense to the Treasury being the ten-cent merce of the West. The official records show, Mr. Speaker, that this tolls for a limited time, until it should seem as if the Government burden increa-sed with the increasing commerce of the country. They · baa received back from the vessel-Qwners a part of this extra expense show further that the proportion of these enormous profits, great as in paying the bondholders. For myself, I think it would be just and it was, as shown by the report of Mr. Tibbatts, became even gTeater right that that should run a few years longer. I dislike that there from year to year. This resulted from the fact that on the 18th of Feb­ should be a permanent appropriation which has no limit. If there ruary, 1842, by an act of the Legislature of Kentucky, the president and be damage t.o the canal or the locks or the gates, or a breaking away board of directors of the canal company were authorized, whenever of the walls, the repair of the canal might cost one hundred thousand so directed by the stockholders thereof, to sell "the shares of stock dollars or half a million of dollars, on account of injuries by floods owned by individuals in said canal to the United States, or the State or by the running of vessels against the walls of the canal, or their of Kentucky, or the city of Louisville, for the purpose of eventually

undermining. In this bill you make a permanent appropriation for making the said canal free of tolls." The act further provided that I all the expenses of repairs and for working the canal hereafter. I the shares so purchased should be held in trust until by the opera­ I make these remarks not as being exactly opposed to the bill, but that tions of the provisions of this act all the shares standing in the name I we may understand what we are doing. of others than the Government of the United States should be pur­ I [Here the hammer fell.] chaaed, whereupon the canal was to be transferred to the Government \ The SPEAKER. The gentleman from Minnesota [Mr. DUNNELL] of the United States. is entitled to :five minutes. Pursuant to this act and following out its original policy, t.he Gov­ Mr. DUNNELL. I could not believe the gentleman from Michigan ernment began to appropriate its dividends to the purchase of the ., could after all seriously oppose this bill. His whole history in Con­ residue of individual stock. Owning already 2,911 shares in 1843, it I gress is against his argument, and he announces at last that he does purchased 471 shares more; in 1844, 544 shares, and so on until in the not propose to make any argument against the passage of the bill. year 1846 it owned 5,353 shares, which was a majority of all the stock, \ He closes, however, Mr. Speaker, by referring to the possi,bility that the total a.mount being 10,000 shares. It continued to purcha-se stock \ there·may be large sums of money required in the future to keep this until at the close of the year 1855 it had redeemed in this way and canal in tepair. was the owner of the whole property except :five shares, worth at their I would ask him if the same argument does not exist against the face value the sum of $500. These five shares were afterward bought, \ I Sault Ste. Marie Canal, and whether the same argument would not and on the 11th of June, 1874, the Government assumed and has ever I hold against the Des Moines Canal, which has cost the Government since retained the sole management and control. It appears from a. \ ftve or six millions of dollars, and for the annual running of ·which report made by General Weitzel to the Secretary of War that between we appropriate at least $40,000. the years 1842, when Mr. Tibbatts estimated the income of the Gov­ Mr. CONGER. Not for the Sault Ste. Marie Canal. ernment from this source, to the year 1874, when the Government took \ I Mr. DUNNELL. I am now referring to the Des Moines Canal, and charge of it, the sum of $4,331,953 was paid for tolls. Bearing these I that appropriation is for all time. The argument the gentleman uses faqts in mind, it will be seen that the largest portion of these tolls has \ in that direction falls to t,he ground. gone to the Federal Government. The complete statement shows that I am in favor of this bill because it tends to make completely free the United States became the sole owner of the Louisville and Port... \ to commerce the great Ohio River. I believe there should be no ob­ land Canal and the Portland dry-dock in the year 1855 excepting five struction to commerce upon the Mississippi River or any of its tribu­ shares. It shows further that the United States acquired this prop­ taries, and that the Government is amply able not o•ly to give this erty without leaving one dollar outstanding from the National Treas­ canal to the commerce of the Ohio River but to keep it in operation ury, and still further shows that in addition to the property thus and repair for a long time and always. obtained it acquired 24,278 in money, that sum having been paid We have built the Des Moines Rapids Canal upon the Mississippi in cash dividends beyond the sum originally invested by the Govern­ River, at a cost, as I have said, of five or six millions of dollars; and ment in the stock of the company. The gentleman from Michigan we are annually appropriating money for its maintenance, and shall [Mr. CONGER] is therefore mistaken when he states that $5,000,000 be compelled to do so, When we look at the statistics of the com­ from tolls was received by the private stockholders of this canal. The merce of the Ohio River we will see that this small amcmnt is sub­ fact is that four-fifths of the amount of tolls received went to the stantially nothing at all. Federal Government as the principal stockholder from 1831 to the Mr. WILLITS. I would.inquire of the gentleman if it is true that present time. it was understood at the time the Government took possession of this Mr. CONGER. I must say that the gentleman from Kentucky canal and reduced the tolls from fifty cents a ton to ten cents a ton [Mr. WILLIS] is absolutely wrong. that the- toll of ten cents per ton would be kept up until the Govern­ Mr. WILLIS. I will read-- ment should. receive back the million and a quarter of dollars it Iii.ad Mr. CONGER, (interrupting.) I do not take the report. _ paid to the stockholders 'I Mr. WILLIS. I have the acts of the Legislature of Kentucky and Mr. D"UmTELL. I am unable to answer that question. other official data, but I am unwilling to trespa.ss further on the Mr. WILLIS. With the permission of the gentleman from Minne-"' time of the gentleman who has the floor, [Mr. DUNNELL.] sota [Mr. DUNNELL] I will answer the gentleman. From the begin­ Mr. DUNNELL. I am willing that it shall come out of my time. ning to the end there has never been any such understanding, and Mr. WILLITS. I want tohearthemread, if they give us the facts. the gentleman from Michigan [Mr. CONGER] is mistaken in that as Mr. WILLIS. I have here the proceedings of the Legislature of be was mistaken in the statement that $5,000,000 was received by the Kentucky ; of the trustees of the Louisville and Portland Canal; of private stockholders of this canal prior to its surrender to the Gov­ the Cincinnati Chamber of Commerce, together with resolutions of ernment. The fact is, Mr. Speaker, aa show.ta by the report, that the merchants and steamboat men of Louisville, Pittsburgh, Saint Louis, United States was an original stockholder to the amount of $233,500. and elsewhere throughout the Ohio and Mississippi Valleys, which This subscription of stock was made in the year 1825. In the year earnestly protest against this heavy tax and demand that the same 1831, the canal was regularly opened for business. In 1845 a report beneficent policy which has been extended to other portions of the: to Congress was made by which it appeared that the Government bad country should be applied to the Ohio River. Nowhere in those pro­ not only received back in actual money paid into the Treasury of the ceedings do I find any understanding or agreement as referred to by United States the $233,500 originally invested, bot $24,278 over and the honorable gentleman from Michigan, [Mr. CONGER.] Nowhere above that amount. In other words the money dividends paid tot.he do they evidence any understanding or con tract or consent that the United States up to the 3d of January, 1842, from this canal com­ navigation of the Ohio River, that great artery of commerce through pany amounted to $257,778. Nor was this all. In addition to this which passes the trade of" fourteen States of this Union, should oo large sum of money, the Government became the owner of twenty­ tied up in this way. Whenever the people of the Mississippi and nine hundred and two shares of stock, which was five hundred and Ohio Valleys ha>e spoken upon this subject, it has been for the free sixty-seven more shares than it had originally subscribed for, there navigation of their great river. _ having been a stock dividend in the mean while declared. Each share Only last October the National Board of Steam Navigation, which was at the time this report was made, December 31, 1845, worth $148. met at Cincin:llati, a body composed of delegates from all parts of Taking the par value of the stock, the report goes on to show that the Union, and representing a capital of $600,000,000, recommended the Government, instead of losing by the investment made in this car the adoption of a resolution "that the Louisville and Portland Canal nal, as has been the case, it is believed, in every other investment for be made free from all tolls." That this was and always has been internal improvements, had not only had every dollar of the invest­ the purpose of the Government in regard to this improvement is ment returned, but was the gainer $314,478. evidenced by its original subscription of stock. It is further evi­ Thus, sir, it appeared that op to that time instead of giving the denced by the appropriation of its dividends fer the purchase of other sum of $233,500 to facilitate and improve a.nd remove the obstruc­ stock. hnder the act of the Legislature of Kentucky, which I have tions to tb,e commerce of the western country the Government had already cited, and which authorizes the purchase of the stock·" for · in fact imposed a tax upon that commerce and received from it iB.to the purpose of eventually making the said canal free of tolls." It is the Treasury, in ca.ah and valuable stock, $453,774. still further shown by repeated reports from various committees of X-99 1570 CONGRESSIONAL RECORD-HOUSE. MARCH 15,.

1his Honse, beginning aa far back as the 4th of March, 1834, and tee, I know that the subject is pending in the Judiciary Committee· thence down to the present time. The report of Mr. Tibbatts, which of this Congress. I referred to just now, was in response to a "petition of the mer­ Mr. ACKLEN. Not in this form and shape; the m~tter to which chants and steamboat owners of the valleys of the Ohio and Missis­ the gentleman refers I can fully explain if allowed. [Cries of "Reg­ sippi, praying Congress to purchase the individual stock in the Lou­ ular order I"] isville and Portland Canal for the purpose of making it free from The SPEAKER. The gentlemen will resume their places as tellers. toll." The report of the committee upon this petition wa,s favorable. Mr. ACKLEN. I withdraw the proposition for the present. The report of the committee having charge of this bill quotes and ORDER OF BUSINESS. , refers to numerous similar reports and bills. The moat cursory view Mr. COX obtained the floor. • of these acts and resolutions will show that it has been the ultimate Mr. VAN VOORHIS. I move that the Honse do now adjourn. purpose of the Government to bring about this r138ult, a result, Mr. Mr. COX. I hope my colleague will withdraw that motion. I de­ Speaker, which is demanded both by justice, sound political economy, sire to submit, by direction of the Committee on Foreign Affairs, a,. and true patriotism. I thank the gentleman from Minnesota for per­ motion to suspend the rnles. mitting me to interrupt him in this way, and hope that the House ENROLLED BILL SIGNED. will pass the bill. . Mr. DUNNELL. Suppose the Government did agree as the gen­ Mr. KENNA, from the Committee on Enrolled Bills, reported that tleman from Michigan [Mr. CONGER] states; suppose there was an the committee had examined and found truly enrolled a bill of th& understanding of that kind Y following title; when the Speaker signed the same: Mr. WILLITS. Then this bill in effect does release the claim of An a-0t (S. No. 605) to authorize the Secretary of the Interior to de­ the Government to be reimbursed that million and a quarter of dol­ posit certain funds in the United States Treasury in lien of investment. lars. I want to know what the fact is. LEAVES OF ABSENCE. [Here the hammer fell.] By unanimous consent, leave of absence was granted as follows: The SPEAKER. The thirty minutes' time allowed by the rlJ.le for To Mr. GARFIELD, for one day ; and debate has expired. · To Mr. CALDWELL, for ten days, on account of extrem illness in his family. The question was then taken upon the motion to suspend therulesand PRESIDIO GROUNDS, SAN FRANCISCO. pass the bill, and it was agreed to; two-thirds voting in favor thereof. The SPEAKER, by unanimous consent, laid before the Honse a. ADDITIONAL COMMITTEE CLERIL letter from the Secretary of War, relative to the improvement of the Mr. ACKLEN. I am directed by the Committee on Commerce to grounds of the Presidio, San Francisco, California; which was referred move that the rules be suspended and that the Honse adopt the reso­ to the Committee on the Public Lands. lution which I send to the Clerk's desk. FORTIFICATION APPROPRIATION BILL. The Clerk read as follows : Mr. BAKER. I ask unanimous consent that the .bill (H. R. No. Resolved, That the sub-committee of the Committee on Commerce, who have been already directed by a resolution of this House of February 4, 1880, to examine 2787) making appropriations for fortifications and other works of the testimony in the Interior Department and to take such other as may be neces­ defense, and for the armament thereof, for the fiscal year ending sary in relation to the obstruction of navigation and seizure of property therein June 30, 1881, and for other purposes, be taken from the Speaker's referred to, and report, are hereby authorized to employ a clerk, to be paid out of table, and, with the amendments of the Senate, referred to the Com- · ihe contingent fund of the House on vouchers of the chairman. mittee on Appropriations. Mr. ACKLEN. I ask consent to have read the report of the committee. There being no objection, it was ordered accordingly. The SPEAKER. The first question is upon seconding the motion A. S. BWOM. to suspend the rules. Mr. BLACKBURN, by nria.nimons consent, introduced a bill (H. R. Mr. CONGER. Does that relate to obstructions in the San Juan No. 5248) for the relief of A. S. Bloom; which waa read a first and sec­ River, Central America. ¥ ond time, referred to the Committee on Military Affairs, and ordered Mr. ACKLEN. ' No sir, it does not refer to that at all. The report to be printed. if read will give all the information. W. A. LEMASTER. The SPEAKER. The report will be read. Mr. WEAVER, by unanimous consent, introduced a bill (H. R. No. The Clerk read as follows: 5249) for the relief W. A. Lemaster, administrator of the estate of The Committee on Commerce, to whom was referred the resolution of the House Margaret Lemaster, deceased, pensioner of the war of 1812; which of Febrnary4, 1880, relative to the seizure of certain property in Louisiana., report was read a first and second time, referred to the Committee on Pen­ as follows: sions, and ordered to be printed. Your committee find the resolution reads as follows: "Resolved, That the Committee on Commerce be, and they are hereby, authorized, PACIFIC RAILROADS. by sub-committee, to examine the papers and testimony on file in the Department The SPEAKER. The Chair this morning,.in accordance with th& of the Interior and take such other testimony as they may deem advisable relative to the seizure of the steamer of Captain Horn?....and of other property of citizens of request of the gentleman from Maryland, [Mr. McLANE,] who is sick Lake Charles, Louisiana, by an agent of that .uepartment, and report back to this abed, asked that the bill relative to Pacific Railroads, which was House." pending upon that gentleman's motion to suspend the rules, might Your committee find that the testimony in the Interior Department amounts to go over by unanimous consent till the third Monday of April, th& about one thousand pages. There is also further testimony without which your committee cannot prociled to carry out the order of the House without clerical as­ next day on which motions from committees to suspend the rules can sistance; and believing the questions involved are'of sufficient importance to war­ be recognized. The Chair is not certain in his own mind whether rant a careful examination they report back to the House the following resolution there was or was not objection to that request. Therefore he again asking clerical assistance and recommend its passage. submits it. Mr. HAZELTON. Is this resolution open to amendment f There was no objection, and it was ordered accordingly. The SPEAKER. It is not. ORDER OF BUSINESS. Mr. ROBINSON. I wish to inquire of the gentleman from Louisi­ ana. [Mr. ACKLEN] whether this matter relates to the Calcasieu log Mr. COX. My colleague [Mr. VAN Vooruns] withdraws his mo­ seizure, or is in any way connected with that transaction f tion to adjourn. Mr. ACKLEN. It is in part, as I can explain. Mr. WILLITS. I renew it. Mr. ROBINSON. That subject, I will state, is before the Commit- The SPEAKER. If there be no objection, the Chair, before putting tee on the Judiciary at the present time. . the question upon ad,journment, will lay before the Honse certain The SPEAKER. Does. the gentleman from Louisiana demand a executive communications. There w .~ no objection. second T Mr. ACKLEN. I do. RESTORATION OF EX-OFFICERS TO THE ARMY. Mr ACKLEN and Mr. ROBINSON were appointed tellers. The SPEAK.ER laid before the House a letter from the Secretary During the count, of War, transmitting a petition of officers of the Fifth Cavalry, rela­ Mr. ACKLEN said : The gentleman from Massachusetts [Mr. ROBIN­ tive to the restoration to the Army of certain ex-officers ; which was SON] informs me that this matter is now before the Committee on the referred to the Committee on Military Affairs. Judiciary. I am aware of that fact, and also that the matter was TRADE BETWEEN ATLANTIC AND PACIFIC COAST. before that committee in the Forty-fifth Congress, and through a sub­ The SPEAKER ::i.lso laid before the House a letter from the Secre­ committee, consisting of the gentleman from Ohio, [Mr. McMAHON,] tary of the Treasury, in response to a resolution of the House calling· Mr. Stenger, and Mr. Butler, a report on the matter was prepared; for certain commercial statistics relative to the trade between the but that report was not acted on by the House; that was for the ap­ Atlantic and Pacific coasts, &c. ; which wa,s referred to the Select Com­ pointment of a select committee; this resolution ia to appoint a clerk. mittee on the Interoceanic Canal, and, on motion of Mr. CONGER, or­ Thia, therefore, in my opinion is not properly before that committee dered to be printed. at all. I would like to be allowed to explain. ROCK ISLAND BRIDGE. The SPEAKER. Debate is not in order. Mr. ROBINSON. I think I ought to be allowed a word in reply The SPEAKER also laid before the Honse a communication from to the gentleman. He is mistaken in supposing that this subject is the Secretary of War, relative to the use by railroad companies of the not before the Committee on the .Judiciary of the present Congress. Government bridge at Rook Island; which was referred to the Com­ I was not a member of that committee in the Forty-fifth Congress, mittee on Commerce. though I am in the Forty-sixth. I am also a member of the sub-com­ IMPROVEMENT OF HARBOR AT GREEN BAY. mittee, to which has been specially referred the Calco.sieu log seizure; The SPEAKER also, by unanimous consent, laid befo~e the Holl86 and as we have heard the gentleman himself before the sub-commit- a memorial from the Legislature of Wisconsin, for an adequate appro- 1880. CONGRESSIONAL RECORD-HOUSE. . 1571

priation for the improvement of the harbor at Green Bay; which In 1812, while our Republic was almost in it.a infancy, both as to popnl ation and was referred to the Committee on Commerce. resources, and while we were waging a costly and bloody war against Great Brit. ain, there occurred in Venezuela an earthquake which utterly destroyed the city SAN RAFAEL DEL VALLE. of CaraccaB. It plunged its people into the utmost want and distress. About the same time intelligence reached the United.States that the island of Ten,, The SPEAKER also, by unanimous consent, laid before the House eri.ffe one of the Canary group, had been visited by swarms of locusts that ha(l a. letter from the Secretary of the Interior, transmitting a report by utteriy destroyed the crops and fruit on that island, and that its inhabitants were the surveyor-general of Arizona i? the case !>f San Rafael ~el Valle ; in a state of starvation. The intelligence of this calamity, however, was vague and uncertain. which was referred to the Committee on Private Land Clarms. On the 29th of April, 1812, in the House of Representatives, Mr. Macon, then CUSTOM-HOUSE PROPERTY AT DETROIT. the chairman of the Committee on Commerce and Manufactures, submitted. for­ the consideration of the House a resolution, which was as follows, ('Vide proceed­ The SPEAKER also, by unanimous consent, laid before the Honse ings of Congress:) a letter from the Secretary of the Treasury, in reply to House resolu­ '' Beit re.sol11td. That the Committee on Commerce and Manufootures be instructed tion of February 18, 1880, relative to custom-house property; which to report a bill authorizinj:! the President of the United States to cause to be pur­ was referred to the Committee on Public Buildings and Grounds. chased ---barrels of flour, and to have the same exported to such port in Ca­ ra.ccas for the use of the inhabitants who have suffered by the earthquake; and GRAND HAVEN, MICIDGAN. also authorizing him to purchase ---barrels of flour, and to have the same ex­ The SPEAKER also, by unanimous consent, laid before the Honse ported to some port in Teneriffe, for the use of the inhabimnts who are likely to starve by the ravages of locusts." a letter from the Secretary of War, relative to the improvement of No objection was raised as to the constitutional power of Congress to pa.as this the harbor at Grand Haven, Michigan; which was referred to the resolution. The only objection which was urged against the resolution was based Committee on Commerce. upon the fact that there was no authentic information in regard to the prevalence of famine in Teneriffe. The question was taken upon the first clause of the reso­ PRIVATE LAND CLAIM-SAN IGNACIO DEL BABOCOMORI. lution in regard to the relief of the people of Caraccas ; andit passed unanimously. The SPEAKER also, by unanimous consent, laid before the House The Globe shows, upon the call of the yeas and nays, that such statesmen as J a.mes Breckinridge, John C. Calhoun, Langdon Cheves, Felix Grundy, Richard M. John­ a letter from the Secretary of the Interior, transmitting a report by son William R. King, Na.thaniel Macon, Israel Pickens, John "Randolph, a.nd the surveyor-general of Arizona in the case of San Ignacio del Babo­ . G~r~e M. Troup voted in the affirmative. The second clause of the resolution, comori; which was referred to the Committee on Private Land Claims. relating to the proposed aid to Teneri.ffe, wa.s lost by a vote of 47 yeas to 57 nar., because of the uncertainty of the information aa to the extent of the fa.mine eX18t. PENSIONS. ing on that island; but upon motion of John Randolph, of Virginia., the following The SPEAKER. The gentleman from Pennsylvania, [Mr. CoF­ resolution was unanimously J?3Saed : FROTH,] chairman of the Committee on Invalid Pensions, asks that "Resol11ed That the Committee on Commerce and Manufactures be instructed to inquire whether any and what relief ought to be extended to the inhabitants of the House bill No. ::J257, granting pensions to certain soldiers and sailors Canary Islands who are suffering from famine occasioned by locusts." of the Mexican and other wars therein named, and for other purposes, On t'he 4th of May, 1812, the HouRe, in Committee of the Whole, appropriated be reprinted, the present print having been exhausted. Is there ob­ $50 000 for the purpose of enabling the President to carry out the provisions of the jection T res~lution with regard to Caraccas. Mr. Newton had proposed to. fix t~e a.p~ropri­ ation at the sum of $30,000, but Mr. Calhoun moved to amend by mserting $50,000; There was no objection, and it wa,g ordered accordingly. which motion was adopted. The Senate concurred in the rtlSolution of the House,. RELIEF FOR IRELAND. and the relief was granted. But a more recent precedent in our legislation is found in the action of the Senate Mr. COX. I rise to a parliamentary inquiry, and wish to know with regard to Ireland in 1847. On the 26th of February of that year Mr. Critten­ when I can get the :floor. den, of Kentucky, introduced the following bill : The SPE.AkER. The first Monday in April next. [Laughter.] "A bill to provide some relief for the suffering people of Ireland and Scotland. Mr. "Be it enacted by fhe Senare and House of B,epresentatives of the United States of COX. I may die before then. .America in Oongress assembled, That the President of the United States be, and is The SPEAKER. The Chair hopes not. The gentleman seems to hereby, authorized to cause to be purchased such provisions as he ma.y deem suit­ be in good health. able and proper, and to ca.use the same to be transported and tendered in the name Mr. COX. I ask, then, the privilege to print in the RECORD a of the Gi>vernment of the United States to that of Great Britain for the relief of joint resolution and report from the Committee on Foreign Affairs, in the people of Ireland and Scotland suffering from the great calamity of scarcity and fa.mme. reference to which I wished to move a suspension of the rules. "SEC. 2. Be it fu1·ther en_acted, That the sum of $50~.ooo be, an~ is hereby, appro­ There was no objection, and it was ordered accordingly. priated., out of any money m the Treasury not othel'Wlse appropriated., to carry mto. The joint resolution and report are as follows: effect this act. "SEC. 3. Be it furlll.er enacted, That the President of the United States be, and is. Joint resolution providing national aid for the relief of the suffering poor of Ire­ hereby, authorized, at his discretion, to use the public ships of the United States land, and making an appropriation therefor. for the transportation of the provisions to be purchased as aforesaid." ' Whereas the ~eople of the United States have heard with deep concern of the At that time our country was involved in war with Mexico ; we were but a na­ alarming and widespread destitution and suffering prevailing in Ireland; and tion of twenty-six millions of people; our resources and our wealth were not one­ Whereas that destitution is so imminent as to threaten famine, and is too great half of what they are to-day. for the most munificent individna.1 charity to more than pa.rtially relieve: There- The resolution of Mr. Crittenden was advocated by himself, by Messrs. Cass, of • fore, Michigan, Clayton, of Delaware, and Webster, of Massachusetts, and was made a . .Resolved by the Senate and House of Rftpresentati11es of the United States of America special order for the succeeding day. in Oongre.ss assembled, That this Government recognizes the claim upon its huma,n­ On the 27th February, 1847, Mr. Crittenden moved the resolution; Mr. Webster· ity to render national assistance and relief to the unfortunate sufferers; and for suggested an amendment, which was accepted and concurred in, which would seem tliat purpose the sum of $300,000 be, and the same is hereby, appropriated, out of to make the tender of aid not so distinctly a tender from our Gi>vernment to the< any money in the Treasury not otherwise appropriated, to be immediately expended British government. In his opinion "it was not delicate to do this ; " he preferredl under the direction of the Secretary of State : Prwided, That the said Secretary ''that the bill would show that it was an act of charity and mercy from the peopl& shall cause the said sum to be properly distributed among the various relief asso­ of the United States to the people of Ireland and Scotland, mentioning the gov­ ciations organized in Ireland. ernment of England only as the a~nt to dispense our bounty." This amendment Mr. Cox, from the Committee on Foreign affairs, submitted the following re­ was accepted by Mr. Crittenden. .Mr. Calhoun supported the resolution in a. short port; to accompany joint resolution H. R. No. 238: speech. In reply to the objection that Congress had no power, under the Consti­ The Committee on l<'oreign A.ffairs, to whom were submitted sundry joint reso­ tution, to make such a.Il appropriation of the people's money he said " that he drew lutions. namely: House resolution 140, offered by Mr. FROST, of Missouri; House a distinction between the power to make such an appropriation as this and an ap­ resolution 141, by Mr. GILLETTE, of Iowa; the memoxial of the Saint Paul Cham. propriation for ordinary domestic purposes." ber of ·commerce; and House resolution 193, by Mr. PHELPS, of Connecticut, ap­ Mr. Webster gave the measure his unhesitating support, and Mr. Crittenden said propriating 100,000 for the relief of the sufferers from the Irish famine, beg leave that be "laid down all constitutional objections at the feet of Mercy." to state that they have examined with much care and at some length the questions Mr. Dayton declared that he believed that no constitutional objection stood in involved in said resolutions. the way of the appropriation proposed by the Senator from Kentucky. Three considerations naturally suggest themselves: "In the life·time of a nation, a.a in that of individuals there were emergencies First. As to the cause or occasion of the resolutions; when the hand of Prov:iilence presses heavily on a people, which might cail for Second. As to the power of Congress to make the appropriation asked; and unusual measures of rt1lit1f." Third. As to the policy of ma.king it. Upon a :final vote, the bill was pas ed by the Senate by 27ayesto13 nays. Am<>ng In the first place your committee is convinced that widespread suffering exists those Senators who voted in t.he affirmative we :find the names of Berrien, l:af­ in various parts of Ireland, and more partionlarly in the western portions of the houn, Cameron, Ca.as, Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Houston,. island and in the counties of Galway and Ma.yo. Reverdy Johnson, Mangum, Moorehead, Pierre Soul6, and Webster. The reports of the agents who have gone to Ireland to distribute the private char­ This bill failed in the House, because of the adjournment seven days after its ities of our people-notably reports from Rev. Dr. Hepworth and Mr. Redpath­ pa.ssage in the Senate, which left no time for its consideration; bat a vote was concur with all other accounts, in this: that the calamities are fearfully imminent taken in the House uP.on a motion to lay the bill upon the table, and it was voted and mortal, even in the most favored localibies, and that all of our private munifi­ down, and then the bill was referred to the Committee of Ways and Means, on the cence will fail to reach and remedy the desperate prevalent distress. Every day 1st day of March, and failed of consideration because Congress adjourned on the adds to these dire necessities. They should be promptly relieved by the provi­ 4th by limitation. The House of Representatives as well as the Senate, of 1847 dence of man. committed Congress t.o the policy of charitable aid to a suffering people. They Without entering at all into the causes which have brought about the famine, it passed a bill almost unanimously, through both bodies, donating the services of may be simply stated that there are upward of three hundred thousand people in nati:onal vessels for the purpose of transporting aid to the people of Ireland. The Ireland who are actually suffering from want of bread. A great many of the un­ present Congress unanimously followed this precedent, in a bill reported from the happy Irish people have actually died of starvation and of disease bro~ght on by Committee on Naval Affairs. lack of proper food. In several counties of that unfortunate country tne people The bill for the relief of Caraccas, whlch was passed in 1812, met the immediate are existing upon a scant ration of meal and turnips, all the potatoes which they sanction of President James Ma.dit'

In' tho last place, is it politic to make this appropriation~ By Mr. BARBER : The petition of Marshall Field, A. A. Sprague, aff~cii~ii'al~!f~ui~t~!e~~;11cfo~:r~~1:;::~ci~h1:f;/~~!rn~tt!i!~n~t!Ya:O~ J. W. Doane, and others, of Chicago, Illinois, for a commission to pre­ government cannot but appreciate the humanity that dictates this proposed action pare a bankrupt law-to the Committee on the Judiciary. UJlOn the pa~ of our Government. It cannot be re.e:arded as officions intermed­ Also, the petition of Marder, Lase & Co., type-founders of Chicago, dlinir, inasmaoh as the cause of humanity and ch&rity is the cause of the whole Illinois, against the reduction of the duty on type-to the Commit­ worfd. 'The divine injunction to move in charitable works is not limited by the lines of patriotism or the boundaries of empires. tee on Ways and Means. By kindred associations and in the highest ethics we owe this aid to Ireland. Also, the petition of the soldiers' reunion of the Northwest, that the Two centurie.s ago, when the colonies in Massachusetts were in a famishin(J' con­ Secretary of War issue such arms and equipments as shall be needed dition, their wants were relieved by ship-loads of provisions sontfrom Ireland; and at a soldiers' reunion to be held in Illinois in 1880-to the CommiUee again, when our patriot soldiers in t.be struggle for our country's independence were lying half clad at Valley Forge, in that memorable winter when patriotic on Military Affairs. hopes were faintest, large snpplies of clothing were received from the city of Cork. Also, the petition of T. F. B. Harrison, of Wanconda, lliinois, for Irish sympathy in spite of threat and punishment contributoo materially-who can the removal of the stamp-tax on perfumery, cosmetics, and proprie­ say bow mater:l.ally-to the support and comfort of our soldiers in th&t critical period tary medicines-to the Committee on Ways and Means. of our history. Irish statesmen have asserted that their parliament was destroyed tn consequence of its clear, unhesitating, and unequivocal sympathy.and expres­ By Mr. BERRY: The petition of T. D. Clarkson, of California, sions of affection with the strugi:i:ling co10nies; regarding America, in the words of that materials used in making paper be placed on the free list, and Grattan, as the only hope of Ireland and the only refuge of the liberties of man­ for a reduction of the duty on printing-paper-to the same committee. kind. Without pausing to inquire if. their assertion be true or not, it sufficiently By Mr. BICKNELL: The petitions of Jacob A. Horner, Anderson indicat.ea the warm aitection or the Irish people toward ns in our hour of need. It is estimated that more than fifteen millions of the American people are either Routh, and i5 others, citizens of Indiana, for the adjustment and Iris1l or of Irish descent. The ties of blood and the associa.W.ons of history th&t bind payment of the Morgan raid claims-to the Committee on War Claims. us to that people are so immediate and so great in number that we are almost one Also, the petition of Reuben Dailey, publisher of the National Dem­ people. To Irishmen we owe gratitude for t eroism on every field of battle where ocrat, Jeffersonville, Indiana, that materials used in making paper be our ftag~as waved and where our troops have bled. To Irishmen we owe much of that learning, statesmanship, and eloquence which have rendered the American placed on the free list, and for a reduction of the duty on printing­ name famous throughout the world. To Irish industry we owe a very large pro- · paper-to the Committee on Ways and Means. .portion of those works of enterprise and civilization which are manifested in our By Mr. BLACKBURN: The petition of citizens of Woodford and railways and canals, in the splendid strnctures of our cities, in the cleavini:i; down Jessamine Counties, Kentucky, that Congress enact such laws as will of our ferests, ill the delivery to peaceful husbandry the wild soil of the wilder­ n688,.:in the opening of our mines, and in all the works, and toils, and marches, and alleviate the oppressions imposed upon the people by t1te transporta­ battles of American principles and progress against w h&tever'foes these have h&d tion monopolies that now control the interstate commerce of the to encounter and to overthrow. country-to the Committee on Commerce. Your committee are, therefore, convinced of the propriety and the necessity for such.relief by the Government of the United States to the people of Ireland, and Also, resolutions of the Legislature of Kentucky, praying for the they, therefore, report a substitute for Honse resolution No. 193, and recommend erection of a United States court building at Frankfort, Kentucky­ its passage. to the Committee on Public Buildings and Grounds. As to the mode of distributing this appropriation there may be different opin- ALso, resolution of the Legislature of Kentucky, relative to the ions. Many organizations are engaged in this humane work. Your committee 1 have condluded that the Department of State is the appropriate medium to execute claim of the Kentucky soldiers of the war of 1861-to the Commit­ the trnst which the joint resolution reported creates, and the only limitation pro· tee on War Claims. posed on it.s action is th&t the principal societies organized for relief in Ireland Also, resolution of the Legislature of Kentucky, relative to grant­ shall be the recipients of the fund, so as to avoid unjust discrimination or preju­ ing an increase of pension to Mrs. Jane W. McKee-to the Commit­ dice, the grand end being to reach as soon as possible the greatest number of the needy and starvag. tee on Invalid Pensions. .q'he sum of $300,000 may seem to some large, bnt it should be remembered that By Mr. BLAKE: Joint resolution for the improvement of Passaic the occasion is urgent and the suffering is widespread. Onr fathers thought in River in the State of New Jersey-to the Committee on Commerce. 1812, while we were but ten millione of people and involved in a vast and costly . By Mr. BLISS : The petition of H. Soahinsky, of Brooklyn, New war, that '50,000 was not too much to send to the people of one city. Let it be re­ membered, too, that the people of that city, in origin, laws, and customs, had but York, for the abolition of the duty on type-to the Committ.ee on little in common with the people of this country. Ways and Means. In 1847 the Senate of the United States thought that $500,000 was not too great a By Mr. BOUCK: The petition or'Allan & Hicks, of Oshkosh, Wis­ sum to send to starving Ireland, even though we were then engaged in a great war consin, that materials used in making paper. be placed on the free and in popntation and wealth were not half as great as we now are. • To-day we a.re at perloot peace. Heaven bas vouchsafed us a great degree of list, and for a reduction of the duty on printing-paper-to the same •ationaliprosperity. Tlie labors of our husbandmen have been blessed witli boun. committee. tiful harvests. We have an opulent surplus, beyond enough for our own wants. Also, the petition of J. N. Stone and others, of Winnebago County, · Peace and plenQr sit smiling in our homes and upon our valleys and mountains and Wisconsin, against the reduction of the tariff on paper-to the same rivers. Ont of this abundance is it not benignant and right to .give to the starving peo. committee. ple of heroic and suffering Ireland ¥ Is it not especially -becoming our greatness Also, the petitions of John McNaughton and others, of J.B. Russell and our powe}' to give as a great and powerful people should give, not in boastful and others, and of H. W. Meyer, of Wisconsin, of similar import-to • waste, not in'injnstice to our own interests, but in such a sum as shall assist our the same committee. DllJDificent private benefactions, and go far toward relieving that awful calamity which has befallen this unhappy island, and which has attracted the sympathy By Mr. BRENTS: The petition of Charles B. Hopkins, of Washing­ and sorrow of mankintl ¥ ton Territory, for the abolition of the duty on type-to the same And then, on motion of Mr. CONGER, (at four o'clock p. m.,) the committee. House adjourned. ~ Also, two petitions of citizens of Washington Territory, for tb.e construction of a wagon-road from Seattle to Walla Walla-to the Committee on the Public Lands. PETITIONS, ETC. By Mr. BREWER : Papers relating to the pension claim of John The following memorials, petitions, and other papers were laid on Bartow-to the Committee on Invalid Pensions. the Clerk's desk, under the rule, and referred as follows, viz: By Mr. BROWNE : The petition of the publishers of the Earlham­ By the SPEAKER: The petition of Mackellar, Smiths & Jordan, ite, of Richmond, Indiana, for the abolition of the duty on type, that James Conner's Sona, and Farmer, Little & Co., on behalf of the materials used in making paper be placed on the free list, and for a American· type-founders, against the reduction of the duty on type­ reduction of the duty on printing-paper-to the Committee on Ways to the Committee on Ways and Means. and Means. 1 A'iso, the petition of Mrs. Julia A. Ross, for a pension-to the Com­ By Mr. BUCKNER : The petition of 725 citizens of Saiht Charles, mittee on Invalid Pensions. Franklin, and Warren Counties, Missouri, for the improvement of the By Mr. AINSLIE: Two petitions of F. E. Ensign, L. F. Carter, John navigation of the Missouri River between the Mouth of Tuyne Creek Haily, and 342 citizens of Idaho, that Congress make some provision and one mile west of Charette Creek-to the Committee on Commerce. for the support and education of the three orphan children of William By Mr. CALKINS: The petition of the publisher of the Chica.go S. Hemmingway, late United States mail carrier, who was killed by Express, for the abolition of .the duty on type-to the Committee on Indiana in 1878-to the Committee on Indian Affairs. · Ways and Means. By Mr. NELSON W. ALDRICH: Memorial of J. P. Klingle, relat­ Also, the petition of druggists of Illinois, for the removal of the ing to the investigation of the affa.irs of the District of Columbia now stamp-tax on perfumery, cosmetics, and proprietary medicines-to being cond~cted by one of the committees of the House of Represent­ the same committee. atives-to the Committee on the District of Columbia. By Mr. CAMP: The petition of K. Vail & Co., publishers, of Au­ Also, the petition of Augustus Watson, of similar import-to the burn, New York, for the abolition of the duty on type-to the same same committee. committee. By Mr. ANDERSON: The petition of James C. Humphrey, pub­ By Mr. JOSEPH G. CANNON: The petition of V. B. Clifton and lisher of the Belleville Telescope, Belleville, Kansas, for the abolition others, of Cerro Gordo, Illinois, for the passage of the Weaver soldier ef ttie duty on type-to the Committee on Ways and Means. bill-to the Committee on Military Affairs. By Mr. BAILEY: The petition of Ely Palmer and others, of Albany By Mr. CARLISLE: The petitions of druggists of Louisville and County, New York, that the patent laws be_ so amended as to make of Covington, Kentucky, for the removal of the stamp-tax on per­ tho manufacturer or vendor of patented articles alone responsible for fumery, cosmetips, and proprietary medicines-to the Committee on infringement-to the Committee on Pa.tents. Ways and Means. • Also, the petition of Stephen Lawson and others, of Albany County, Also, the petition of John Means, against a reduction of the duty on New York, that Congress enact such laws as will alleviate the op­ steel rails from $28 to $10 a ton-to the same committee. pressions imposed upon the people by the transportation monopolies Also, memorial of the Kentucky Preas Association, asking that ma­ that now control the interstate commerce of the country-to the Com­ terials used in makiq.g pa~er be placed on the free list, and for a re­ mittee on Commerce. duction of the duty on pnntin~-paper-to the same committee. 1880. CONGRESSIONAL RECORD-HOUSE. 1573

Also, the petition of citizens of Grant and Gallatin CO'llnties, Ken­ removal of the stamp-tax on perfumery, cosmetics, and proprietary tucky, for an increase of pension for John Payton-to the Committee medicines-to the Committee on Ways and Means. on In valid Pensions. Also, the petition of certain sugar dealers in New York, against any By Mr. COFFROTH: The petition of C. N. Boyd, druggist, of Som­ change of the duty on sugar-to the same committee. erset., Pennsylvania, for the removal of the stamp-tax on pe~fumery, Also, the petition of 0. J. Smith, publisher.of the Chicago Express, cosmetics, and proprietary medicines-to the Committee on Ways and for the abolition of the duty on type-to the same committee. Means. By Mr. HENKLE: The petition of vinegar manufacturers and By :Mr. CRAPO: The petition of S. Osborn, jr., and 134 otherR, dealers, against the repeal of the law for vaporizing spirits-to the that a life-saving station be established on the southern shore of Mar­ same committee. tha's Vineyard-to the Committee on Commerce. By Mr. HENRY: The pet.ition of Edwin M. Rogers, administrator Also, the petition of Joseph T. Pease and 90 others, for a life-sav­ of the estate of Henry I. Rogers, deceased, for compensation for loss ing station at Cape Pogue, Martha!s Vineyard-to the same com­ and damage sustained by the said Henry I. Rogers and his heirs in mittee. consequence of the taking possession of and absolute use of the " com­ By Mr. GEORGE R. DAVIS: The petition of John M. Hoffman, for mercial code of signals for the use of all nations," the copyright of i.Icrease of pension-to the Committee on Invalid Pensions. which he held as inventor, owner, and proprfotor, by the Navy Depart­ Also, the petit.ion of 0. J. 8mith, pu,blisher of the Chicago Express, ment of the United States; as also by the Bureau of Statistics of the for the a.bolition of the duty on type-to the Committee on Ways and Treasury Department of its annual appendage, the" mercantile na.vy Means. list, indicating the .names, class, and tonnage of merchant ves:;el8 ,, - By Mr. JOSEPH J. DA VIS: The petitions of Henry A. Louden, jr., to the Committee on Naval Affairs. publisher of the Chatham Record, Pittsborough, and of J. H. Enniss, By Mr. HOSTETLER: The petition of 22 ex-soluie~, of Braz~ publisher of the North Carolina Farmer, Raleigh, North Carolina, of Indiana, who were imprisoneu in southern prisons during the 111.te similar import-to the same committee. war, for the early passage of House bill No. 4495-to the Committee .Also, the petition of J. H. Enniss, W. H. Ferrell, and others, of on Invalid Pensions. Raleigh, North Carolina, that materials used in making paper be By Mr. HOUK: The petition o.f citizens of Anderson Connty, Ten­ placed on the free list, and for a reduction of the duty on printing­ nessee, for the correction of the military record of John J. Low-to paper-to the same committee. the Committee on Military Affairs. Also, the petition of William F. Sanford, editor of the Pee Dee Bee, Also, the petition of W. L. Northern, for the correction of his mil­ Rockingham, North Carolina, of similar import-to the same com­ itary record-to the same committee. mittee. Also, the petition of the trus1;ees of Maryville College, Maryville, By Mr. DWIGHT: The petitions of Beebe & Kingman, publishers Tennessee, for compensation for damages done by the :Federal Army of the Owego Gazette, and of W. H. Baldwin, editor of the Watkins during the late war-to the Committee on War Claims. Democrat, New York, for the abolition of the duty on type-to the By Mr. HUBBELL : The petition of Irvin Chase, publi8her of the same committee. Review, Evart, Michigan, for the abolition of the dnty on type, tbat Also, the petition of E. H. Keeler & George Riley, jr., publishers of materials used in making paper be placed on the free list, aniana, for the construction of ships to disinfect vessels to make the manufacturer or vendor of patented articles alone re­ infected with yellow fever-to the Committee on the Origin,. Intro- sponsible for infringement-to the Committee on Patents. 8uction, and Prevention of Epidemic Diseases in the United States; . Also, the petition of Nelson Maltby and 161 others, citizens of Ash­ By Mr. KLOTZ : The petition of Stephen A. Boyden, for adddtional iabnla, Ohio, that Congress enact such laws as will alleviate the op­ pay as an officer in the Unit,ed States Army-to the Commi!tee on pressitrns imposed upon the peopJe by the transportation monopolies Military Affairs. that now control the interstate commerce of the country-to the Also, the petition of J. J. Otley, for a pension as guardian of the Committee on Commerce. children of Willis Walker-to the Committee on Invalid Pen ions. By Mr. GUNTER: The petition of certain Pottawatomie Indians, By Mr. MAGINNIS: The petition of the publisher of the Recky relat ive to certajn Kansas lands-to the Committee on Indian Affairs. Mountain Husbandman, White Sulphur Springs, Montana, that ma­ By Mr. HALL: The petition of G. W. Morrill and 10 others, citi­ terials used in making paper be placed on the frea list, ancl for a re­ zens of New Hampshire, that the patent laws be so amended as to duction of the duty on printing-paper-to the Committee on Ways make the manufacturer or vendor of patented articles alone respon­ and Means. sible for infringement-to the Committee on Patents. Also, the petition of citizens of Montana, against the change in the By Mr. HARMER: The petition of solgiers and sailors of the vol­ public land Jaws proposed in the report of the public land commis­ unteer forces of the United. States, for the passage of a law for the sion-to the Committee 8n the Public Lands. equalization of bounties-to the Committee on Military Affairs. By bfr. McCOID: The petitions of J. H. Stewart and of Walker & By Mr. HATCH: The petition of publishers of the Avalanche, Sil­ Maxwell, druggists, of Iowa, for the removal of the stamp-tax on ver City, Idaho, that materials used in making paper be placed on perfumery, cosmetics, and proprietary medicines-to the Committee the free list, and for a reduction of the duty on printing-paper-to on Ways and Means. the Committee on Ways and Means. Also, the petition of publishers of Keokuk, Iowa, that materials Also, the petition of the Hannibal (Missouri) Printing Company, used in ma.king paper be placed on the free list, and for a Eeduction for the abolition of the duty on type-to the same committee. of the duty on printing-paper-to the same committee. By Mr. HAWK: The petition of 20 citizens of Oregon, for the im­ By Mr. McKENZIE: The petition of F. M. Gray :10d J . . W. Mc­ provement of the headwaters of the Mississippi River-to the Com­ Clanahan, druggists, of Hopkinsville, Kentucky, for the removal of mittee on Commerce. the stamp-tax on perfumery, cosmetics, and proprietary medicines­ By Mr. HA.YES: Three petitions of druggists of Illinois, for the to the same committee. 1574 CONGRESSIONAL RECORD-HOUSE. MARCH J5,

AlSo, memorial of the Kentucky P ress Association, asking that ma­ Jersey, for a commission of i.Ilquiry concerning the liquor traffic-to terials used in making paper be placed on the free list, and for a re­ the Committee on the Alcoholic Liquor Traffic. duction of the duty on printing-paper-to the same committee. Also, the petition of George Jones, for an increw;e of pension-to the By Mr. MILLS: The petition of citizens of Bell County, Texas, of Committee on Invalid Pensions. similar import-to the same committee. 1 Also, four petitions of United States ex-soldiers, for the passage of By Mr. :MONROE: The petition of Wehrle, Werk & Son and 38 the Weaver soldier bill-to the Committee on Military Affairs. others, citizens of Middle Bass Island, Lake Erie County, Ohio, for Also, the petitions of ex-soldiers of the United States Army of Cape the removal of the tax on American wines-to the same commit­ May County, of the first congressional district, and of New Egypt, tee. and Cookstown, New Jersey, for the equalization of bounties-to the Also, the petition of W. Sener, publisher of the Demokrat, San­ same committee. -dusky, Ohio1 for the abolition of the duty on type-to the same com­ Also, the petition of citizens of Salem County, New Jersey, that mittee. Congress enact such laws aa will alleviate the oppressions imposed By Mr. NEW: The petitions of Hendricks & Talbott and G. W. upon the people by the transportation monopolies that now control Lewman, druggiRts, of Indiana, for the removal of the stamp-tax on the interstate commerce of the country-to the Committee on Com­ perfumery, cosmetics, and proprietary medicines-to the same com­ merce. mittee. By Mr. ROBINSON: The pe~tion of C. E. Gorham and others, of Also, two petitions of citizens of Indiana, for the adjustment and Massachusetts, for increase of compensation to route agents-t o the payment of the :Morgan raid claims-to the Committee on War Claims. Committee on the Post-Office and Post-Roads. Also, the petition of 0. J. Smith, for the abolition of the duty on By Mr. THOMAS RYAN: Papers relating to the pension claim of type-to the Committee on Ways and Means. H. C. Williams-to the Committee on Invalid Pensions. By Mr. NEWBERRY: The petition of citizens of Detroit, Michi­ By Mr. SAWYER: The petition of the publishers of the Times­ gan, for a reduction of the duty on steel rails from $28 to $10 a ton­ Courier and the Cass Herald, Harrisonville, Missouri, that materials to the same committee. used in making paper be placed on the free list, and for a reduction Also, the petition of 30 citizens of Wayne County, Michigan, that of the duty on printing-paper-to.the Committee on Ways and Means.• Congress enact such laws as will alleviate the oppressions imposed By Mr. SCALES: The petition of Moses Stewart, publisher of the upon the people by the transportation monopolies that now control Record, Danbury, North Carolina, of s.imilar import-to the same the interstate commerce of the country-to the Committee on Com­ committee. merce. Also, the petition of Odell & Co., manufacturers, at Concord, North Also, the petition of the Detroit Free Press Company and others, Carolina, that the duties on chrome iron ore and bichromate of pot­ publishers of newspapers in the city of Detroit, that.materials used ash be removed-to the same committee. m making paper be placed on the free list, and for a reduction of the By Mr. SIMONTON: The petition of J. W. Hughes and other drug· duty on printing-paper-to the· Committee on Ways and Means. gists, of B_rownville, Tennessee, for the removal of the stamp-tax on Also, the petition of 96 citizens of Detroit, for permission for the perfumery, cosmetics, and proprietary medicines-to the same com­ construction of a bridge across the Detroit River·, at that city-to the mittee. Committee on Commerce. Also, the petition of tobacco producers of Weakley County, Ten­ By Mr. NICHOLLS: The petition of citizens of Clinch County, nessee, asking such action as will cause France, Spain, Italy, and Georgia, for a post-route from Homerville, Georgia, to Blount's Ferry, Austria to do away with their monopolies and open their markets to FJorida-\o the Committee on the Post-Office and Post-Roads. the tobacco producers of this country-to the Committee on Foreign By Mr. O'CONNOR: A bill making an appropriation for the im­ Affairs. provement of the Ashley River, Charleston County, South Carolina.­ By Mr. SLEMONS: Memorial of the city council of Fort Smith, to the Committee on Commerce. Arkansas, for the passage of the bill introduced by Hon. JORDAN E. By Mr. O'REILLY: The petition of carpenters in the United States CRAVENS providing for the sale of the military reservation adjoin­ Navy, that the President of the United States be authorized to grant ing that city-to the Committee on Military Affairs. assimilated rank to warrant officers of the United States Navy known By Mr. STEVENSON: The petition of N. Patterson, of Ellsworth, as ship-carpenters-to the Committee on Naval Affairs. Illinois, for the defeat of Commissioner Bentley's sixty-district bill­ By Mr. PHELPS: The petiHon of John Farrell and 17 other sol­ to the Committee on Invalid Pensions. diers, for the passage of the W eaver bill-to the Committee on Mili­ Also, the petition of F. L. Harpster, of Wapella, Illinois, for the tary Affairs. removal of the stamp-tax: on perfumery, cosmetics, and proprietary By Mr. PHISTER: Memorial of J. S. John1:1ton, president, and F. L. medicines-to the Committee on Ways and Means. Mcchesney and others, committee of the Kentucky Press Association, By Mr. STONE: The petition of Hon. J. W. Champlin and 150 that materials used in making paper be placed on t.he free list, and others, citizens and business men of the cities of Grand Rapids and for a reduction of the duty on printing-paper-to the Committee on Grand Haven, Michigan, for an appropriation of $100,000 to impro"\"e Ways and Means. . the navigation of Grand River below Grand Rapids-to the Commit­ By Mr. PIERCE: The petition of citizens of Buffalo, New York, for tee on Commerce. the improvement of the Saginaw River-to the Committee on Com­ By Mr. TAYLOR: The petitions of Catharine Barnes, Snsa.n Hut­ merce. son, Nancy :M. J eilkins, Mary Lewis, and Peter Ledford, forpensions­ Also, the petition of citizens of Erie County, New York, against the to the Committee on In valid Pensions. ll"epeal of the tariff duty on printing-type-to the Committee on Ways By Mr. P. B. THOMPSON, JR.: The petition of citizens of Ken­ .and Means. tucky, for the formation of a new judicial district in said State-to the By Mr. REAGAN: The petition of D. B. Hines and 53 others, of Committee on the Judiciary. Wood County, West Virginia, oil producers, for the passage of the By Mr. WILLIAM G. THOMPSON: The petition ofShermanBroth­ .Reagan interstate-commerce bill-to the Committee on Commerce. er , of Marengo, Iowa, for the removal of the duty on ohrome iron Also, the petition of Shook & McElroy, of Rask, and of J. S. Swope, ore and bichromate of potash-to the Committeeon WaysandMeans. ·of Beaumont, Texas, for the abolition of the duty on type-to the Also, the petition of H. H. Bass and 80 others, ex-soldiera of Madi­ •Committee on Ways and Means. son County, Iowa, against the passage of the Weaver soldier bill-to By Mr. REED: The petition of the Forrest Mills Company, and the Committee on Military Affairs. :Pondscherry Company, Bridgton, Maine, and others, for the removal Also, the petition of the publishel'3 of the Standard, Cedar Rapids, -0f duties on chrome iron ore and bichromate of potash-to the same Iowa, for the abolition of the duty on type-to the Committee on -committee. W a.ys and Means. By Mr. RICHMOND: The petition of the South and West Publish­ By Mr. TILLMAN: The petition of the publisher of the Colleton ing Company, Bland Court House, Virginia, for the abolition of the Democrat, Walterborough, South Carolina., that materials used in duty on type-to the same committee. making paper be placed on the free list, and for a reduction.of the duty By Mr. ltOBESON: Four petitions of publishers of New Jersey, for on printing-paper-to the same committee. the auolition of the cluty on type-to the same committee. By Mr. AMOS TOWNSEND: The petition of T. P. Handy and 30 Also, two petitions of merchants, manufacturers, and consumers, for others, citizens of Cuyahoga County, Ohio, against any change in the the removal of the duty on chrome iron ore and bichromate of pot­ tariff on paper-to the same committee. ash-to the same committee. By Mr. UPSON: Papers relating to the claim· of the heirs of San­ Also, two petitions of citizen,s of New Jersey, that the patent laws tiago de Leon, of Texas, for compensation for mules, horses, wagon, be so amended as to make the manufacturer or vendor of patented and harness taken by United States soldiers in1865-to the Commit­ articles alone responsible for infringement-to the Committee on Pat- tee on War Claims. ~nts. · By Mr. URNER: The petitions of Henry J. Johnson, A. Shriver, and Also, the petitions of ship-owners and others, to abolish the system T. F. McCardell, of Cumberland, and of l\ieshock Frost, of Lonacon­ -0f compulsory pilotage-to the Committee on Commerce. ing, Mary land, that materials used in making paper be placed on the Also, the petition of vessel-owners and others, for the removal of free list, and for a reduction of the duty on printing-paper-to the obstructions from the Delaware River between Philadelphia and Cam­ Committee on Ways and Means. den, New Jersey-to the same committee. Also, the petition of Meshock Frost, for the abolition of the duty on Also, the petition of ex-soldiers of the United States from New Jer­ type-to the same committee. sey, against the passage of Senate bill No. 496-to the Committee on By Mr. VANCE: A paper relating to the establishment of certain Invalid Pensions. post-routes in North Carolina-to the Committee on the Post-Offioo Also, the petition of the Grand Lodge of Good Templars of New and Post-Roads. 1880. CONGRESSIONAL RECORD-SENATE. 1575

Also, papers relating to the claim of Samuel W. Davidson and Senators and Members from the State, but they also contain an ex­ ·others against the Eastern or North Carolina Cherokee IndianB-to pression of the opinion of the Legislature at large touching the mat­ the Committee on Indian Affairs. ter to which they relate. I ask that they be road. By Mr.WAIT: The petition of the Groton Heights centennial com­ The VICE-PRESIDENT. The resolutions will be reported. mission, for an appropriation t;o aid in the centennial celebration of The resolutions were read, as follows: the Groton Heights-to the Committee on Military Affairs. STATE OF NEW YORK. L"i As EMBLY, By Mr. WADDILL: The petition of 0. W. Lindley and others, February 11, 1880. former soldiers, now citizens of Newton County, Maryland, for the On motion of Mr. Ash : l· Whereas the State of New York is interest.ed, in common with other States bor­ passage of the equalization of bounty bill-to the same committee. dering upon the great lakes, in the early completion of certain improvements, now By Mr. WHITEAKER: Two petitions of publishers of Oregon, that in progress, affecting their commerce; and materials used in making paper be placed on the free list, and for a Whereas, owing t.o the delay in the completion of these works, and especially the reduction of the duty on printing-paper-to the Committee on Ways improvement of the channel between Lake Superior and Lake Huron, and of the Lime-Kiln Crossin~. near the mouth of the Detroit River, the int.erchange of our and Means. products with the Northwest is now subject to great and needless disability and Also, the petition of Mart. V. Brown, for the abolition of the duty expense ; and on typ~-to the same committee. Whereas the consequence of this falls upon our whole people, in the single par­ ticular of the non-products of Lake Superior, to the extent of nearly $l,000,000 an­ · By Mr. WILLITS: The petition of the Clinton (Michigan) Woolen nually; and Manufacturing Company and others, for the removal of the duty on ~ Whereas, by adequate appropriations therefor, the completion of the lock and .chrome iron ore and bichromate of potash-to the same committee. canal at Sault Ste. Marie and the improvement of the Ste. Marie River and the . By Mr. WILLIS: The petition of Horace Morris and a large num­ Lime-Kiln Crossing can be complet.ed t.o sixteen feet of water during the year 1881 : Therefore, ber of colored citizens of Louisville, Kentucky, for the passage of Resolved, (ij the senat.e concur,) That it is the sense of the Legislature of the · the bill (H. R. No. 334) for the distribution of the proceeds of the tate of New York that an urgent commercial necessity exists for the earliest pos­ sale of public lands for educational purposes-to the Committee on sible completion of these improvements, and the Senat.ors and Representatives in Education and Labor. Congress from the State of New York are hereby requested to use all proper means t.o secure this important result. Also, the petition of George W. Wicks and 82 firms, manfacturers Resolved, That a certified copy of these resolutions be forwarded t.o each of said of robacco and cigars and dealers in manufactured and leaf tobaeco, Senat.ors and Representatives. against the passage of the free leaf-tobacco bill-to the Committee By order. · -0n Agriculture. EDWARD M. JOHNSON, Olerk. Alio, resolutions of the school board of Louisville, Kentucky, favor­ IN SENATH, March 11, 1880. ing the passage of the bill (H. R. No. 334) for the distribution of the Concurred in without amendment. proceeds of the sale of public lands for educational purposes-to the By order. ·Committee on Education and Labor. JOHN W. VROOMAN,