6448 CON

United States bonds, which were lost on the Cunard steamship free-delivery system in all of the cities of the United States to a Oregon, sunk at sea March 14, 1886-to the Committee on Ways number not exceeding four deliveries per day-to the Committee and Means. on the Post-Office and Post-Roads. By Mr. BRUCKER: A bill (H. R. 10836) for the relief of H. E. By Mr. OSBORNE: Resolutions adopted by the Brotherhoods Monroe, Company E, Eleventh Michigan Infantry-to the Com­ of Locomotive Engineers, Firemen, and Trainmen, and Orders of mittee on Invalid Pensions. Railway Conductors and Telegraphers, in favor of the passage of By Mr. CAPRON: A bill (H. R. 10837) grantinti an increase of the anti-scalping bill-to the Committee on Interstate and Foreign pension to George W. Wakefield, of Pawtucket, R. I.-to the Commerce. Committee on Invalid Pensions. By Mr. COUSINS: A bill (H. R. 10838) granting a pension to Mrs. Rebecca .T. Jones-to the Committee on Invalid Pensions. SENATE, By Mr. DORR: A bill (H. R. 10839) g1·anting a pension to John F. Dorsey-to the Committee on Invalid Pensions. WEDNESDAY, June 29, 1898. By Mr. HAMILTON: A bill (H. R. 10840) granting a pension The Senate met at 11 o'clock a. m. _ to Mary Forward-to the Committee on Invalid Pensions. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. By Mr. PAYNE: A bill (H. R. 10841) granting a pension to The Secretary proceeded to read the Journal of yesterday's pro­ Libbie B. Fries-to the Committee on Invalid Pensions. ceedings, when, on motion of Mr. GALLINGER, and by unanimous By Mr. HOOKER: A bill (H. R. 10843) granting a pension to consent, the further reading was dispensed with. Samuel A. Lownsbery-to the Committee on Invalid Pensions. By Mr. MIERS of Indiana: A bill (H. R. 10844) granting a pen­ PETITIONS AND MEMORIALS. sion to Mary Lundy-to the Committee on Invalid Pensions. Mr. FRYE. I present the petition of Governor Powers, of Maine, and a large number of other very distinguished citizens of the United States, addressed to the Committee on Foreign Re­ PETITIONS, ETC. lations of the Senate, asking for legislation to provide for arbitra­ Under clause 1 of Rule XXII, the following petitions and papers tion, the arbitrators to be the highest courts of the various conn· were laid on the Clerk's desk, and referred as follows: tries. I move that the petition be referred to the Committee on By Mr. BAKER of Illinois: Resolutions of brotherhoods of Lo­ Foreign Relations. comotive Engineers, Locomotive Firemen, Railroad Trainmen, The motion was agreed to. orders of Railway Conductors and Railway Telegraphers, in favor Mr. HOAR presented the petition of Henry Howerter and sundry of the passage of the anti-scalping bill-to the Committee on In­ other citizens of the United States, representing the Brotherhoods terstate and Foreign Commerce. of Locomotive Engineers, Firemen, Conductors, and Telegraphers, By Mr. BARHAM: Petitions of the Woman's Christian Temper­ praying for the passage of the so-called anti-scalping ticket bill; ance Union of Calistoga and the Methodist Episcopal Church of which was ordered to lie on the table. , Sierraville, State of California, favoring legislation providing that Mr. PASCO presented a petition of the Democratic coupty con­ cigarettes imported in original packages on entering any State vention of Hamilton County, Fla., praying for the imposition of shall become subject to its laws-to the Committee on the Judi­ an import duty on long-staple cotton; which was referred to the ciary. Committee on Finance. By Mr. BARTHOLDT: Papers to accompany House bill for the REPORTS OF A COMMITTEE. relief of William G. Miller-to the Committee on War Claims. Mr. GALLINGER, from ·the Committee on Pensions, to whom .Also, papers to accompany House bill to con·ect the military rec­ were referred the following bills, reported them severally with ord of Julius H. Rogge-to the Committee on Military Affairs. amendments, and submitted reports thereon: · Also, papers to accompany House bill for correction of the mili­ A bill (S. 4382) granting an increase of pension to Eliza M. Mil· tary record and granting an honorable discharge to Charles Stier- ler; and lin-to the Committee on Military Affairs. · A bill (H. R. 10316) for the relief of Georgie Smiley. By Mr. DALZELL: Resolutions of the Brotherhood of Locomo­ Mr. GALLINGER, from the Committee on Pensions, to whom tive Engineers, Brotherhood of Locomotive Firemen, Order of Rail­ were referred the following bills, reported them severally without way Conductors, Brother~ood of Railway Trainmen, and. Order amendment, and submitted reports thereon: of Railway Telegraphers, m favor of the passage of the anti-scalp­ A bill (H. R. 4283) granting an increase of pension to William ing bill-to the Committee on Interstate and Foreign Commerce. B. Murray; · By Mr. DORR: Affidavits to accompany House bill No. 3912, A bill (H. R. 4200) granting an increase of pension to Ellen to grant a pension to James M. Bryant-to the Committee on In­ Stack; and valid Pensions. A bill (H. R. 7293) granting a pension to Della E. Spaulding. Also, petition of John F. Dorsey, of Nicholas Colmty, W.Va., to accompany House bill for a pension-to the Committee on In­ FRANK H. NEWCOMB AND DANIEL B. HODGSDON. valid Pensions. Mr. FRYE. I report favorably from the Committee on Com­ By Mr. HENDERSON: Resolutions of brotherhoods of railroad merce Senate joint resolution 178, a joint resolution to carry out men, representing a membership of 126,000, favoring the anti­ the recommendations of the President of the United States touch­ scalping bill-to the Committee on Interstate and Foreign Com­ ing certain officers of the Revenue-Cutter Service, and I am in­ merce. structed by that committee to ask for its pre-sent consideration. · By Mr. HULL: Resolutions of a joint meeting of brotherhoods There being no objection, the Senate, as in Committee of the of railway engineers, firemen, and trainmen, and orders of rail­ Whole, proceeded to consider the joint resolution (S. R. 178) way conductors and telegraphers, in favor of the passage of the recognizing the gallantry of Frank H. Newcomb, commanding anti-scalping bill-to the Committee on Interstate and Foreign the revenue cutter Hudson; of his officers and men; also retiring Commerce. Capt. Daniel B. Hodgsdon, of the Revenue-Cutter Service, for effi­ By Mr. KNOX: Petition of Alfred Reno, late of Company K, cient and meritorious services in command of the cutter Hugh Seventh Regiment Infantry Vermont Vohmteers, to accompany McCulloch at Manila. House bill for the removal of the charge of desertion-to the Com­ The joint resolution was read, as follows: mittee on Military Affairs. Resolved by the Senate and House of Representatives of the United States of Also, evidence in support of the claim of Emma C. Nudd for a America in Congress assenwled, That the thanks of Congress be, and are hereby, extended to First Lieut. Frank H. Newcomb, of the Revenue-Cutter pension-to the Committee on Invalid Pensions. Service, commanding the revenue cutter Hudson, his officers and the men of By Mr. KULP: Resolutions of a union meeting of the Brother­ his command, for their intrepid and heroic ·gallantry in the n.ction at Car­ hood of Locomotive Engineers, Brotherhood of Firemen, Order of denas, Cuba. on the lith day of Ma.y,l898, when the Hudson rescued the U. S. naval torpedo boat Winslow, in the face of a most galling fire from the ene­ Railway Conductors, Railway Trainmen ~· and Telegraphers, held my's guns, the Wimlow being disabled, her captain wounded, her only other in Philadelphia, Pa., June 5, 1898, favoring the passage of the officer and half her crew killed. The commander of the Hud on kept his ves· anti-scalping bill-to the Committee on Interstate and Foreign sel in the very center of the hottest fire of the action, although in constant danger of going ashore on account of the shallow water, until finally he got Commerce. a line made fast to the Winslow and towed that vessel out of range of the Also, memorial of the American Federation of Musicians, Cin­ enemy's guns; that, in commemoration of this signal act of heroism, First cinnati, Ohio, for legislation restraining the :Marine Band from Lieut. Frank H. Newcomb, Revenue-Cutter Service, bo given a gold medal of competing with musical organizations outside the District of honor, each of his officers a. silver medal, and each member of his crew a of bronze medal, of such appropriate design as may be approved by the Secre­ Columbia-to the Committee on Naval Affairs. tary of the Treasury. By Mr. LIVINGSTON: Resolutions of a joint meeting of loco­ That in recognition of the efficient and meritorious services of Capt. Dan­ motive engineers and firemen and railway conductors, trainmen, iel B. Hodgsdon, United States Revenue-Cutter Service, while in command of the U.S. revenue cutter Hugh Mc0ulloch under the orders a.nd in coop­ a.nd telegraphers, held in Philadelphia, Pa., in favor of the anti­ eration with the fieet commanded by Rear-Admira1 l George Dewey, United scalping bill-to the Committee on Interstate and Foreign Com­ States Navy a.tthebattleof Manila, on May 1,1898, and said officer being now merce. in the sixty-brird year of his age, and having served continuously for thirty­ seven years as an officer of the Revenue-On tter Service, he be placed on the By Mr. MEYER of Louisiana: Memorial of the city council of permanent waiting orders or retired list of the Revenue-Cutter Service, on the city of New Orleans, La., against the amendment limiting the the duty pay of his grade. 1898. OONGRESSIONAL RECORD-SENATE. 6449

That the sum of 1,000, or so much thereof as may be necessary, be, and ing to the part taken by this vessel in the late engagement at Cardenas on the same hereby is, appropriated., out of any money in the Treasury not tho lith ultimo, which were omitted in the hasty preparation ot my report otherwise appropriated, for the medals above specified. of the 31st ultimo. The injuries sustained by the Hudson from the enemy's projectiles were The joint resolution was reported to the Senate without amend­ as follows: The hull was struck in two places below the guards on the star­ ment, ordered to be engrossed for a third reading, read the third board side, and two places on the port side, one below the guards, and the time, and passed. . . other on the after filling piece between the guards, evidently by a _piece of a large projectile, as it left quite a deep dent in the hard wood. No damage Mr. FRYE. I ask unanimous consent that the accompanying resulted from the other places struck, beyond knocking off the paint and communications relating to this matter may be printed in the scaling the iron at the points of contact. RECORD. ' The rudder on the port side.t where it joins the stock, was struck once, with similar results. The forward nreroom ventilator on the starboard side, above There being no objection, the communications were ordered to the upper deck, was struck four times, one only resulting in a perforation be printed in the RECORD, as follows: · three-fourths of an inch in diameter. The after ventilator on the same side U. S. S. McCULLOCH, Manila Bay, MayS, 1898. was struck once and perforated, the hole being about one-half of an inch in diameter. SIR: Regarding the part taken by this vessel in the naval action of Manila The after end of the pilot house was spattered with numerous small pieces Bay, at Cavite, on Sunday morning, May 1, 1898, 1 have the honor to submit the of lead, each of which was buried out of sight in the wood. The light joiner followin~ report: work of the cabin was shaken and shattered more or less by the fire of the Constituting the leading vessel of the reserve squadron, the McCUlloch was, aft~r 6-pounder, while windows, lamp shades, and other fragile articles were when fire opened, advanced as closely as was advisable in rear of our en­ smashed. gaged men-of-war-in fact, to a point where several shells struck close During the action 135 rounds we1·e fired from the two 6-ponnder guns. aboard and others passed overhead-and kept steaming slowly to and fro The Colt automatic gun on the upper deck was not used, its fire being re­ ready to render any aid in her power to respond at once to any signal from served for short range in case the vessel became disabled a.nd drifted near the Olympia. the shore. A 9-inch hawser was gotten up and run aft should assistance be necessary Second Lieut. W. H. Scott was in charge of the after 6-pounder and Third in case any of our ships grounded. At a later hour during the day, just prior Lieut. E. E. Mead of the forward one. 'fhe coolness and intrepidity mani­ to the renewal of the attack by our squadron, I intercepted the British mail fested by these gentlemen in handling their respective gun crews and tak­ steamer Esmemlda, in c.ompliance with a signal from our flagship, communi­ ing advantage of every favorable opportunity to g-et in an effective shot at cated to her commander your orders in regard to his movements and thence the enemy, and their efforts under the most trymg circumstances to run proceeded to resume my former position of the morning, near the fleet, where lines to the disabled Winslow, are deserving of the highest commendation. I remained until the surrender of the enemy. I desire to state in conclusion The professional skill and promptness disl>layed by Mr. N. E. Cutchip, the that I was ably seconded by the officers and crew of my command in every engineer (first assistant) in charge, in responding to the const:mt and excit­ effort made to be in a state of readiness to carry out promptly any order ing demands upon the machinery in maneuvering the vessel, merit unstinted which might have been signaled from your flagship. praise. Not the slightest hitch or delay of any kind occurred in the work­ Respectfully, yours, mgs of his departi.nent, and the successful issue of the day's operations was DANIEL B. HODGSDON, undoubtedly due m a great measure to his efforts and those of the men un­ Captain, Revenue-C11.lter Service, Commanding. der him. Commodore GEORGE DEWEY, U. S. N., Whenever the services of Second Asst. Engineer T. D. Lewton could be Commanding United States Naval F01·ce on Asiatic Squad1·on. spared from the engine and fire rooms he cheerfully repaired to the pilot house, where his aid in locating the other vessels and the direction of the U. S. S. HUDSOY (2), Key West, Fla., May 19, 1898. enemy's guns in the midst of the dense smoke from the Hudson s guns which at SIR: I have the honor to submit the followin~ report of the participation times prevailed was of the utmost assistance. by this vessel in the engagement with the Spamsh forces at Cardenas on the Each and every member of the crew, from the boatswain down to Moses 11th instant: Jones, the colored boy, who attached himself to the after gun and never At 11.30 a.m., while off the main entrance to Cardenas Bay, the Hudson failed to have a shell ready when it was needed, did his '"hole duty, cheer­ was ordered by the senior officer present to accompany the U. S. S. Wilming­ fully and without the least hesitation. This appears the more remarkable ton and the U. S. torpedo boat Winslow inside. All three vessels started im­ in view of the fact that none of them had ever been under fire before, and mediately, and, after some preliminary soundings to determine the best water, that the guns were without protection or shelter of any kind. They deserve passed through Blanco Channel into the bay and headed for Cardenas. the most substantial recognition in the power of the Government for their About 1 p.m., when abreast of Corogal Point, the Hudson was ordered by heroic services upon this occasion. the commanding officer of the U. S. S. Wilmington to "go out and look at I take pleasure in testifying to the remarkable bravery displayed by Lieu­ t:mall craft." Steamed over toward Diana Cay and skirted the western shore tenant Bernadou and the men of the Winslow, and consider it as one of the of the bay. Discovered no vessels and observing that the Wilmington and greatest privileges of my life to have been an eye witness of their conduct WinslO'W were nearing Cardenas, at L35 p. m. steamed toward them at full at a time when many men would have felt justified in abandoning all hope. speed. At 1.45, when a little over a mile distant from our vessels, saw firing With such officers and such men the American nation may well be proud of commence from the shore, which was immediately returned by our shins. its Navy. At 1.50, when within range of the shore guns, the Hudson opened fire up-on Respectfully, yours, them with her two 6·pounders. Observing that the Win.slO'W was quite in­ FRANK H. NEWCOMB, shore and exposed to the full strength of the enemy's guns, ran up alongside First Lieutenant, Revenue-Cutter Service, Conunanding. of the Wilmington, and asked if we should go to her (Winslow) assistance. The SECRETARY OF THE TREASURY, Received the answer "Yes," and immediately steamed into the immediate Washington, D. C. vicinity of the Winslow, keeping up a constant and rapid fire from the Hud­ son's battery upon the enemy's guns on shore. SL.~KING OF THE MERRIMAC, At 2.20, commanding officer Win.slow reported his vessel totally disabled a.nd requested to be towed out of range. Owing to the shoal water and the Mr. HALE. From the Committee on Naval Affairs I report a rapid drift toward shore of the Winslow (the wind was on shore), it was fully joint resolution, and I ask for its immediate consideration. thirty minutes before the Hudson succeeded in making a line fast from the The joint resolution (S. R.179) tendering the thanks of Congress Winslow and starting ahead with her. The enemy kept up a constant fire during this time, which appeared to be especially directed toward the Wins­ to Assistant Naval Constructor Richmond Pearson Hobson and low, which was returned at every opportunity by the Winslow and Hudson. to the volunteer crew of the Merrimac, and authorizing the trans­ The WinslO'W was towed alongside the Wilmington, from which vessel a boat fer of Assistant Naval Constructor Hobson from the Construction was sent with a medical officer, who transferred the dead and wounded from the Wi11s!ow to the Wilmington. Finally, at about 3.30 p.m., all three vessels Corps to the line ,of the United States Navy, was read the first steamed out of the .bay, the Winslow in tow of the Hudson. At about dark time by its title and the second time at length: joined the U.S. S. Machias outside, where the Winslow was anchored. At 9.15 p. m. the Hudson started for Key West with dispatches for the Resolved by the Senate and House of Rep1·esentatives of the United States of senior officer commanding that station and carrying the dead and wounded America in Congress assembled, That the thanks of Congress are due and are from the Winslow. Reported to the senior officer commanding at Key West hereby tendered, to Assistant Naval Constructor Richmond Pearson 'Hobson at 7.10 on the morning of the 12th inst.ant. The only damage resulting to the and to the volunteer crew of the collier llfe-rrirnac, for extraordinary heroisni Hudson during the engagement wera a few slight marks from small pro­ displayed by them in running the Mer·rimac into the mouth of the harbor of jectiles upon two of the fireroom ventilators and a few bullet marks upon Santiago, Cuba, on the 3d instant, and dexterously sinking said vessel in the the outside of the pilot house plating. One hundred and thirty-five shells channel; and the Secretary of the Navy is hereby authorized to bestow upon were fired from the two 6-pounders during the action. • . Assistant Naval Construr.tor Hobson and the men of said crew bronze med­ Respectfully, yours, als of honor of suitable design. FRANK H. NEWCOMB, SEC. 2. T_hat in further recognition of this signal act of gallantry on the First Lieutenant, R. C. S., Commanding. part of AsslStant Naval Constructor Hobson, the President is hereby author· IZe9- to transfer that officer from the Construction Corps to the line of tho Ron. SECRETARY OF THE NAVY, Umted States Navv, and to promote him to such position therein as by and Washington, D. C. . with the advice and consent of the Senate, he may determine. ' (Through senior officer commanding naval station, Key West, Fla.) The VICE-PRESIDENT. Is there objection to the present con­ NAVY DEP.ARTMEXT, Washington, June 15,1898. sideration of the joint resolution? SIR: 1 have the honor to acknowledge the receipt of your letter of the 9th instant, and to forward herewith a copy of the report requested. I regret There being no objection, the joint resolution wa-s considered as that inadvertently a copy of this letter was not forwarded to you immedi­ in Committee of the Whole. ately after it was received. The joint resolution was reported to the Senate without amend­ The rescue of the lYinslow by the Hudson was so gallantly done in the face of a. most galling fire, that First Lieut. Frank H. Newcomb, Revenue-Cutter ment, ordered to be engrossed for a third reading, read the third Service. commanding his officers and men, deserve the warmest commenda­ time, and passed. tion. The Winslow was riddled with shell, disabled, helplessly drifting onto Mr. HOAR. Mr. President, I should like to say something in the beach into the hands of the enemy, her captain wounded, her only other officer and half of her crew killed, but the Hudson courageously remained by regard to Mr! Hobson before the joint resolution just passed goes her in the very center of the hottest fire of the action, although in constant from the consideration of the Senate. danger of going ashore on account of the shallow water, until finally a line It is true that when a commander of a large army wins a great was made fast to the Winslow and that vessel towed out of r.ange of the ene­ my's guns. battle under circumstances that call for special honor to him, all Very respectfully, JOHN D. LONG, we do, and all we can do, is to tha:nk him and the officers and Secretary. soldiers under his command, without naming them. But it seems The Hon. SECRETARY OF THE TREASURY. to me that where a deed of special heroism has been done, for which U. S. STEAMER HUDSO:N, Key West, Fla., June 16, 1898. all the persons who took part in it volunteered, which was not in Sm: For the be~ter iiiformatiou of the Department, I have the honor to the ordinary course of military duty, and there were but seven in subm1t the followmg supplementarv r~port containing certain facts relat-_ all, all under~oing the sa}lle risk, all suffering the same severity XXXI-404. 6450 OONGRESSIONAL RECORD-SENATE. JUNE 29, of consequences, the names of the whole seven should be men· lifr. ·HALE. I expect this Chambet will be filled with applica· tioned specifically in the joint resolution as well as the name of tions before we get :through. Hobson himself. Mr~ WHITE. If that is the case, there will be no disaster. This is one of the great marks of honor which thiB world has to Mr. HOAR. Letmesayoneword. Ishouldliketobe troubled, g"ive. It is the greatest single mark of honor which tbis world has I am sure, in exactly this way, and I should like to see this Cham­ to give. A hundred years, five hundred years, nence the descend· ber filled with the names of this class of heroes. This is not the ants of these seven men will read and know that their ancestors c.ase of -persons taken into .action unde1· the ordinary Jaws of war performed this deed and received this mark of the gratitude of the by their superiors. It is a case of seven men volunteering for country with a pride which no ducal coronet or strawberry leaf of their death, and every one of them has the s11me title to personal earl or marquis .can inspire. gratitude and personal honor as the man who commanded them. I hope the Senator who reported the joint resolution will Jet it That is the distinction. I do~ot think those cases will occur so be reconsidered and permit the other seven men to be named by as to trouble us. name. Mr. HALE. Mr. President-- Mr. PERKINS. Mr. President, I fuTiy agree with the views Mr. SEWELL. Will the Senator from Maine allow me? expressed by the Senator from Massachusetts, and having in Mr. HALE. I yield to the Senatqr from New Jersey. view the same object, I have proc :red from the Secretary of the Mr. SEWELL. Mr. President, I have some anxiety on this sub- Navy the name& of the men who were on board the Merri1nac ject, because 1 do not like to make pTecedents of this kind without when she was sunk in the harbor of .Santiago de Cuba. I there· some discussion and some deliberation. I do not want to be car­ fore ask that the names be read. They can at least be placed in ried away with an enthusiastic desire to reward everybody on the the RECORD. same basis. No one has a higher regard for heroism than I have, Mr. HALE. This matter can be -very E)asily reached. The bnt- I have a higher l.'egard for the rank and file and the men who Pr-esident of the United States, who is presumed to be keenly compose the Army and Navy. They are aU heroes. There are no alive to the proprieties of such an occ-asion, in s-ending his mes· cowards amongst the American Army and Navy. There isno des· sage in followed the precedents in such cases, and did not name perate undertaking where a commanding officer will call for men these gallant men, doing as is commonly done, lllfiDtioning the but that they will step to the front one hundred for one that is re· commandin~ officer, with a reference to the brave men. I sent to quired. - the Navy Department and asked the Secretary to frame a bill We.have not heretofore been honoring these men in this way. that would be proper and in accordance with the precedents, and We have giventhose.serving as enlisted men promotion; we have he, like the President, being presumed to be alive to the fitness of given them pay; we have given them medals of honor; but we what should be done, inclosed to me the joint resolution which I never before have given to anybody but a commissioned officer the reported this morning. thanks of Congress. In these days you find regiments and crews I do not fee1 that anybody has lacked in the case because the made up of every class of society. The darling of the parlor, the case for these men has not been Jlresented in the elegant way the athlete at Yale, Harvard, or Princeton, are lined to-day on the Senator from Massachusetts has presented it. I presume all of picket line before Santiago with the farmer and the mechanic, ns realize as he does the services that they rende1·ed. . each equa11 ea-ch claiming no more right as an American citizen, I WJ.11 move to reconsider the vote by which the joint resolu· ana each anxious and eager for the fray. tion was passed, and then if the Senator from California desires It is the most sublime spectacle, I say to the Senate of the United to amend by substituting the names he may do so, because 1 shall States, that ever has been witnessed that our very best b1ood, our not oppose that amendment. I only say that the joint resolution brightest young men,· claim the right of citizenship to the extent was offered .after the fashion which has always obtained in such that they go to the front line of battle and vie with anybody and ca es. I do not remember that the names of the parties who were everybody, no matter from what rank of society. They claim no with Cushing in his eXJ>loit in blowing up the .Albemarle! although exemptiollii. Hundreds of them are serving in the ranks who have very few, were put in. But I do not object to the-names being asked for no commissions; but theytaketheir rifles in their hands put in now if any Senator desires. and their hundred rounds of ammunition and say, "Give us a lift Mr. .SPOONER. They ought to have been named, because they to the front." - are now almost forgotten. I suppose there is not a member of Iamsorry,nowever, that the joint resolutionistotakethe shape this body who could name one of them. which has been proposed. I think the precedents of a hundred Mr. BALE. We have the information. years ought·not to be broken without some consideration. Mr. SPOONER. I know you have. Mr. NELSON. Mr. President, I am sorry to see the Senator Mr. HALE. The information comes from the Navy Dep-art· from New Jersey take such an antiquated view of this case. It ment. lmovetoreconsidro·thevotesbywhichthe joint resolution was said of the Duke of Wellington in his Peninsular campaign was ordered to a third reading and passed. that no matter what act of heroism a private or a noncommis· The motion to reconsider was agreed to. sioned officer in the Englisharmymighthaveperformed,hisname Mr. HALE. Now, being in charge of the joint xesolution, I was neve1· mentioned in the dispatches, because it was considered move to insert the names of the individuals as reported from the unmilitary and nnwarlike. Navy Department. 1 Mr. President, we do not want any snch doctrine established in Mr. PERKINS. I ask to have the names read. this country. The idea that it is a sacrilege to mention the name The VICE·PRESIDENT. The Se_cretary will read the names. of a private soldier or a sailo1· who commits an act of heroism and The Secretary read as follows: have his name go down to posterity along with his officer's is some· DanielMonta.gue, chief master at arms on theNeto York. thing hostile and inimical to the spirit and genius of American George Charrette, gunner's mate, first class, on the New Yor~. institutions. I think at this date no man ought to advocate any J. E. Murphy, coxswain on the Iowa. such idea. "There are as big heroes in the ranks as there are wear· Osborne Deignan, coxswain on the Merrimac. · h uld t d · t · d t to ha d th · d George F. Phillips, machinist, first class, on Merrimac. mg s o er s raps, an 1 IS our u y n en· names own Francis Kelly, water tender of the Merrimac. to posterity. . Randolph Clausen, coxswain on the New York. Every one of these seven sailors, just as much as in the case of Mr. HALE. Now let the Secretary read the names as an amend· Lieutenant Hobson, took his life in his hand. Every one of them ment to the joint resolution. felt that he was going to certain death. To stand u_p here and Mr. SEWELL. Mr. President-- say that we have norighttohand the names of those heroes down Mr. HALE. Let the Secretary read the language of the resolu- to posterity is something that I trust will never be heard again tion, so that I may indicate where the amendment comes in. before the American people. The Secretary read as follows: Mr. HALE. Now let the amendment be read. I do not think Thatthethanksof Congress are due, anaareherebyten.dered,to Assistant any Senator will object. . ' Naval Constructor Richmond Pearson Hobson and to the volunteer crew of The SECRETARY. Insert after the word'" to," in line 3 of the the collier .Merrimac- joint resolution: MI. HALE. After the words "and to" put in the names, and Daniel .Montague, chief master at arms on the New Y01·k. George Cbarrette, gunner's mate, first-class, on the New Yo1·k. then follow by the description, "the volunteer crew," etc. J. E. Murphy, coxswain on the Iowa. Mr. SEWELL. I wish to ask if it is the intention to give the Osborne Deignan, coxswain on the Merrimac. thanks of Congress individua11y to men in theNavy? George F. Phillips, machinist, first-class, on Merrimac. 1\ir. HALE. That is what is proposed. Francis Kelly, water tender of the Merrimac. Mr. SEWELL. It is a new principle. Randolph Olansen, coxswain on the New York. Mr. HALE. It is entirely a new principle. Mr. HALE. What is the description following? Mr. SEWELL. It was never done in the history of the country The SECRETARY. Then would follow a comma and the words: before, and it is something that will trouble 1lB in the:future. The volunteer crew of the collier Me1-,·iJnac, for extraordinary heroism di& There are -plenty of acts of gallantry in the Army and Navy. played by them in running the Men·imac into the mouth of Santiago, Cuba, Mter-that principle has been establisnea here I think it will be on the 3d instant. looked upon as a preced.ent and will -probably trouble us .in tne The VICE·PRESIDENT. The question .is on .agreeing to the future. But I shall not make a.nylloiut. . amendment. 1898. '"CONGRESSIONAL RECORD-SENATE. 6451

Mr. HALE. That is the list sent by the Navy Department in Iand had appointed Mr. HuLL, Mr. MARSH, and Mr. SULZER man­ response to a request from the Naval Committee to furnish these agers at the conference on the part of the House. names, and I have no doubt it is accurate. I hope that as amended The message further announced that the Honse had passed with the joint resolution will be passed. . an amendment the bill (S. 4810) to increase the efficiency of the The VICE-PRESIDENT. Is there objection to the amendment? Subsistence Department of the Army; asks a conference with th~ Mr. PERKINS. Mr. President- Senate on the disagreeing votes of the two Houses thereon, and Mr. HALE. The Senator from California will not object? had appointed Mr. HULL, Mr. GRIFFIN, and Mr. Cox managers Mr. PERKINS. I wish to occupy but one minute. The reason at the conference on the part of the House. why I presented these names to the Senate to be incorporated in The message also announced that the House had passed the fol­ the joint resolution is because if it is establishing a precedent it lowing bills; in which it requested the concurrence of the Senate: is one that each one of us may well venerate. I would not detract A bill (H. R. 10424) to provide for a temporary increase in the one iota f-rom the heroism of Lieutenant Hobson, who stood upon Inspector-General's Department of the Army; the bridge of that ship and directed her course into the harbor, A bill (H. R. 10561) to increase the fo1·ce of the Ordnance Depart- but whether he won or fell he was there making a name for him- ment; . self which shall en_dure in the annals of history alongside that of A bill (H. R. 10885) fixing pay and allowances of chaplains for Paul Jones, Decatur, and Farragut. voltmteer regiments; and But 20 feet below him in the hold of tha~ ship there were a A bill (H. R. 10805) to amend an act relating to pay of volun- stoker shoveling coal into the furnace and an engineer with his teer soldiers. . hand upon the throttle valve; inclosed in an iron casket, in dense The message further announced that the Honse insists upon its darknes.s, relieved only by the glare of the furnace fires, stood disagreement to the amendments of the Senate to the bill (H. R. these bravemenfurnishingthemotivepowertothevessel. With- 6896) making appropriations for current and contingent expenses • out the assistance of those two men that ship could never have of the Indian Department and for fulfilling treaty stipulations with been conducted into the harbor of Santiago. There was nothing various Indian tribes for the fiscal year ending June 30, 1899, and to tell them what was transpiring on the decks above theni, while for other purposes, agrees to the further conference asked for bv they did know the stea.mer was passing among sunken torpedoes1 the Senate on the disagreeing votes of the two Houses thereon, and with shells from the forts flying around them, which, if struck, had appointed Mr. SHERMAN, Mr. CuRTIS of Kansas, and Mr. LIT­ would send them into eternity without any possible chance to TLE managers at the conference on the part of the Honse. escape to the surface of the wat~r where they could swim for their The message also announced that the House further insists upon lives. its disagreement to the amendments of the Senate numbered 13, 14, Mr. SPOONER. Does the Senator have any doubt that if 186,222, and 223 to the bill (H. R. 8428) making appropriations for Lieutenant Hobson himself could vote upon this question he sundry civil expenses of the Government for the fiscal year ending would desire to have these names embodied in the joint resolution? June 30, 1899, and for other purposes; agrees to the further confer­ .:Mr. PERKINS. I believe he would desire to have it done. I ence asked for by the Senate on the disagreeing votes of the two believe, hero as he is, he would do justice to those who were co- Houses thereon, and had appointed Mr. CANNON, Mr. WILLIAM A. operating with him in that gallant deed. STOXE, and Mr. SAYERS managers at the conference on the part I fully subscribe to the sentiment of the Senator from New of the House. Jersey that there are heroes in the ranks, that there are heroes in The message further announced that the House had disagreed the fire room. The way for us to recognize their heroism is by to the amendment of the Senate to the bill (H. R. 4936) for the this little tribute, this testimonial, in mentioning their names in allowance of certain claims for stores and supplies reported by the this roll of honor. I would rather have mY: name me11:tione.d Court of Claims, under the provisions of the act approved March there than to possess all the wealth of the rwhest man m this 3, 1883, and commonly known as the Bowman Act, and for othe1· city. Therefore I say it is a precedent we can well afford to es- purposes; agrees to the conference asked for by the Senate on the tablish. I hope before the end of the war the Senator from New disagreeing votes of the two Houses thereon, and had appointed Jersey will stand alongside of me with his votes and cast them for Mr. MAHON, Mr. OTJEN, and :Mr. RICHARDSON managers at the the 4.00 who volunteered to go on the Men'irnac if an opportunity is conference on the part of the House. presented where they may distinguish themselves as did Lieuten­ ant Hobson and the gallant men who were with him on the Mer­ DEFICIENCY APPROPRI.A.TIO:N BILL. rimac. Mr. HALE. I ask the Senate to resume the consideration of Mr. HALE. Now, let the amendment be agreed to. the deficiency appropriation bill. The amendment was agreed to. There being no objection, the Senate, as in Committee of the The VICE-PRESIDENT. Shall the joint resolution be ordered Whole, resumed the consideration of the bill (H. R. 10691) mak­ to be engrossed for a third reading and read the third time? ing appropriations to supply deficiencies in the appropriations for Mr. PETTUS. I have never heard the joint resolution read in the fiscal year ending June 30, 1898, and for prior years, and for connection with the amendment. I should like to hear it all read. other purposes. · Mr. HALE. Let the entire joint resolution be read. Mr. HALE. There are several matters which have come in Mr. MILLS. Let it be read· as amended. since the bill was framed. I move to insert, on page 4, after line The Secretary read the joint resolution as amended, as follows: 22: Resolved by the Senate and House of Rep1·esentatives of the United States of Reimbnr~ement of the ~rman Trade and Plantation Company, of Ham­ America in Congress assembled, That the thanks of Congress are due, and are burg, at Apm, Samoa: To rennbnrse the German 'frade and Plantation Com­ hereby tendered, to Asst. Naval Constructor Richmond Pearson Hobson, pany of Hamburg, in Apia, Samoa, for losses sustained by them from the and to Daniel Montague, chief master at arms, on the New York; Geor~e ~ayment of 9ertain drafts illegally dra.WI;t on the Secretary of State by Wil­ Charrette, gunner's mate, firstcla.ss, on the New York; J. E. Murphy, coxswa.rn liaiJ?. Churchill, lat~ consul-general at Apia, Samoa, 3:nd purporting to be on on the Iowa; Osborne Deignan, coxswain on the Merrimac; George F. Phillips, busmess of the Umted States Government, aggregating $1,800.60, with inter­ machinist, first cla.ss, on .Merrimac; Francis Kelly, water tender of the Merri­ est the:reon at the rate of 8 per cent per annum to the date of payment. mac; Randolph Clausen, coxswain on the New York, the volunteer crew of the The amendment was agreed to. collier Men"imac, for extraordinary heroism disJ?layed by them in running the Merrimac into the mouth of the harbor of Sa.ntJ.ago, Cuba, on the 3d instant, Mr. HALE. On page 7, line 7, I move to strike out" $1,332.69 '' and dexterously sinking said vessel in the channel; and the Secretary of the and insert "$1,564. 74;" so as to read: • Navy is hereby authorized t.o bestow upon Assistant Naval Constructor Hob­ To pay amounts found due by the accounting officers of the Treasury on son and the men of said crew bronze medals of honor of suitable design. account of the appropriation" Contingent expenses, Treasury Department· SEO. 2. That in further recognition of this signal act of gallantry on the part Freight, telegrams, etc.," S1,56!.7i. • of Assistant Naval Constructor Hobson, the President is hereby authorized to transfer that officer from the Construction Corps t.o the line of the United The amendment was agreed to. States Navy, and to promote him to such position therein as, by and with the Mr. HALE. On page 16, line 12, I move to strike out all of the ad rice and consent of the Senate, he may determine. clause after the words "in force" in the following words: " to Mr. HARRIS. I should like to ask the Senator from Maine if remain available during the fiscal year 1899;" so as to make the it is customary in cases of this kind to send to the beneficiaries a clause read: · copy of the resolutions adopted. Prevention of epidemics: To enable the President of the United States, in Mr. HALE. The Department, without the direction of Con­ case of threatened or actual epidemic of cholera, yellow fever, smallpox, bubonic plague or Chinese pla.gue, or black death. to aid State and local gres , does that invariably at once. boards, or otherwise, in his discretion, in preventing and SUJ1Pressing the The joint resolution was ordered to be engrossed for a third spread of the same; and in such emergency, in the execution of any quaran­ reading, read the third time, and passed. tine laws which may be then in force, 8200,000. MESSAGE FROM THE HOUSE. The amendment was agreed to. Mr. HALE. All these amendments are estimates that have A message from the House of Representatives, by Mr. W. J. come in from the Department since the bill was framed. On page • BROWl'llNG, its Chief Clerk, announced that the Honse had passed 23, after line 4, I move to insert: the bill (S. 4715) relative to the Corps of Engineers of the Army. Engraving and printing: The message also announced that the House had passed with For labor and expenses of engraving and p1'inting: For salaries of all neces­ amendments the bill (S. 4809) to increase the efficiency of the sary cl6rks and employees other than plate printers and plate printers' as­ sistants, to be expended under the direction of the Secretary of the Treasury, Quartermaster's Department of the Army; asks a conference with $10.000. the Senate on the disagreeing votes of the two Houses thereon, For wages of plate printers, at piece rates to be fixed by the Secretary of -

6452 CONGRESSIONAL REOORD-SENATE. ~ JUNE 29, ·

the Treasury, not to exceed the rates usually paid for such work, including Mr. HAWLEY. If it should be practicable. the wages of printers' assistants at Sl.25 a day each, when employed, to be expended under the direction of the Secretary of the Treasury, $10,000. Mr. SPOONER. If it shall be practicable, or if it shall become For engravers', printers', and other materials, except distinctive paper, a "Wtrt of the United States. and for miscellaneous expense!'.l ~to be expended under the direction of the Mr. HALE. I have no objection to the alternative, of course.· Secretary of the Treasury, S10,1.W. As the Senator will see, it really does cover that; but I have no The amendment was agreed to. objection to the insertion, after "condemnation," of the words Mr. HALE. On page 24, after line 2, I move to insert: " if the same be practicable.~· Those words may be insertt3d. The Secretary of the Treasury is hereby authorized to pay the East Side Mr. SPOONER. I do not object to that. As the amendment Construction Company, of Toledo, Ohio, on account of their contract, dated now stands it is simply ridiculous. January 21, 1899, for the pile foundations for two beacons, the sum of$1,521.41 Mr. FAULKNER. I suggest to the Senator from Maine from the appropriation of $20,000 made by the sundry civil act for 1896, for Maumee Range Light Station, Ohio. whether it would not be better simply to make an appropriation of 840,000 for the acquisition of the land. The amendment was agreed to. 1\fr. SPOONER. No; that would not answer. Mr. HALE. On page 131 reference to an additional document is Mr. FAULKNER. Why not? to be inserted. In line 10, after the words "two hundred and Mr. SPOONER. For thisreason: Youcannotcompel anybody ninety-nine," I move to insert the words" and three hundred and to sell. It is a mere matter of contract. nineteen;" and in lines 11 and 12 I move to strike out" 87,159.40" Mr. FAULKNER. Of course you c3n not, but if you give­ and insert '$8, 711.20;" so as to read: . Mr. SPOO.?s""ER. Let me finish, please. If the United States Judgments: For the payment of judgments, including costs, against tJ?.e District of Columbia, set forth on page 7, House Document No. 319, and m acquires Hawaii and desires for governmental purposes certain House Document No. 480, and in Senate Document No. 299 and 319, of this land which the owner is not willing to sell, there must be author­ session, S8,7ll.ro, together with a further sum to pay the interest on ssid judg­ ity in the officer to condemn it. • ments, as provided by law, from the date the same became due until date of Mr. FAULKNER. But if it could be procured by private con­ payment. tract, there would then be an appropriation by which it could be The amendment '\Vas agreed to. obtained; and that could be done by simply making an appropria­ Mr. HALE. On page 32, after line 17, I move to insert: tion. Industrial Home School: For amount requh·ed for sewerage for new build­ Mr. HALE. I really think the matter covers the point sug­ ing, to continue available during the fiscal year 1899, $1,610.50. gested by the Senator from Wisconsin in being left in the alter­ The amendment was agreed to. native. If it can not be done by condemnation, and if Hawaii Mr. HAL E. Now, going back to page 2, after line 7, I move to does not pass under our jurisdiction, then the Department can insert: see if it can not purchase at this rate. The limitation has baen •ro make the salaries of the Second and Third Assistant Secretaries of State put on because the danger is that an attempt will be made to put $(,500 each for the fiscal year 1899, $2,000. the price up extravagantly. I think everything the Senator has The amendment was agreed to. in mind is covered by the provision as it is now, although I have Mr. HALE. On page 36, after line 3, I move to insert: no objection to the insertion of the words "if the same be prac­ Payment to owners of canal boat W. H. Sntith: That the supervisor of the ticable'' after" condemnation." Of course it will not be practi­ harbor of New York is authorized to pay to the Whitehead Brothers Com­ pany, of the city of New York, the sum of $228 for damages to the canal boat cable if we do not annex the islands. I would not like to have W. H. Smith, owned by the said company, which said canal boat was injured the whole scheme fall, and if the Government can get by private in collision with the U.S. steam tug Argus, May 29, 1898, said collision being negotiation from Hawaiian owners the 800 acres at $50 per acre, without fault on the part of said company or any of its employees; the said amount to be paid from any funds appropriated for the prevention of ob­ subject to the apprpval of the Hawaiian Government, it would be structing and injurious deposits within the harbor and adjacent waters of a good thing to do. New York City. Mr. SPOONER. I agree entirely with the Senator from. M.-a.ine The amendment was agreed to. that a mere appropriation is not adequate, because if we should Mr. HALE. On page 138, after line 25, I move to insert: annex Hawaii, and the owner of the property were unwilling to 1\iarion Branch, at Marion. Ind.: For transportation, namely: For trans­ sell. the Government would be for the time being powerless. portation of members of the Home, fiscal year 189 , not to exceed $125. Mr. HALE. And at his mercv. The amendment was agreed to. Mr. SPOONER. Yes, at his mercy; and it would be necessary Mr. HALE. I move to strike out line 26 at the bottom of page that there should be authority and power for condemnation. But 38, down to and including line 9, onpage39, in the following words: the point which I make is that it seems like very sloppy legisla­ That the jurisdiction over the places purchased for the location of any of tion-to use no milder expression-to provide without qualifica­ the Branches of the ~ational Home for Disabled Volunteer Soldiers is hereby tion for the condemnation of land in what at the time this bill is ceded to the respective States in which said Branches are located, and r elin­ passed is a foreign territory beyond the jurisdiction of the United quished by the United State ; and the Unit.ed States shall claim or exercise no jurisdiction over said pla~es after the pa~e of this act: Provided, That States, where, from the standpoint of to-day, we have no more nothing contained herein shall be construed to Impair the powers and rights right to exercise the power of condemnation than we would have heretofore conferred upon the Board of Managers of the ~ational Home for to exercise it in England. · Disa.blod Volunteer Soldier s in and over said places. Mr. HALE. The committee thought that the words" to acquire The amendment was agreed to. by condemnation or otherwise" would cover the point by private Mr. HALE. On page 40, after line 16, I move to insert: negotiation and purchase; but, as I have said, I have no objection, Improvement of Pearl Harbor: For purchase, bf condemnation or other­ and I think it will be a good thing, in view of what the Senator wise of not less than 800 acres of land, at not exceeaing S50 per acre, in Pearl Harbor, Hawaiian Islands, for a coaling and repair station, SW,OO:J, and for says, to insert after the word "condemnation ' the words ''if the dredging the b3:r in said harbor, to secure a channt>l of not less t han 3()feet in same be practicable." . depth, $105,000; m :ill, ·I%,000. ... Mr. TILLMAN. I should like to have the Senator from Maine Mr. SPOONER. Does the Senator object to my asking him a tell us, if he has the statement there or the document there, as to question about this amendment? whether. when Pearl Harbor was ceded to the Government of the Mr. HALE. I am always pleased to hear the Senator's perti- United States by the Hawaiian Government, there were any con­ nent question. . ditions in regard to the banks of the harbor or the land or any­ Mr. SPOONER. I will not be impertinent, I can assure the thing around it. Did they cede anything else? Senator. Let the amendment be read again. Mr. HALE. No. The Secretary again read the amendment. :Mr. TILLMAN. They ceded no rights? Mr. HALE. I will listen to the Senator from Wisconsin. :Mr. HALE. The cession was very incomplete. Mr. SPOONER. What struck me about the amendment was Mr. TILLMAN. Were no rights ceded along with the harbor the peculiarity of it. I presume in all probability Hawaii is to itself? become a part of the United States, but it is not a part of the Mr. HALE. I do not think so. United States now, and the question which I wanted to ask the Mr. TILLMAN. Have you a copy there of the treaty ceding Senator was upon what theory, in advance of the acquisition of Pearl Harbor? Hawaii by the United States are we to pass acts providing for Mr. HALE. I have not. condemning land beyond the jurisdiction of this country? Mr. WHITE. The Government of Hawaii could not, of course, Mr. HALE. This is a matter which has been investigated by cede any private right. There are loose ideas prevailing about the Department. In a full report, which I have in my hand, these things, and many people imagine that if we annex the statements are given showing that this is a desirable place. In H.awaiian Islands we will own all the private property. Of course fTaming the amendment I thought it desirable that it shall not be the Hawaiian Government could not cede away ~e property of • left to condemnation, and if Hawaii is not annexed that the Gov­ its citizens if the ceded lands were in private ownership. All ernment may have the opportunity to purchase at private sale, if that was done by the treaty of cessio!l was merely to give to us it can do so, at a reasonable rate, to be approved by the Hawaiian the governmental rights, such as they were. We have the right Government, this valuable and important part of the harbor of to take Pearl Harbor; but the Government of Hawaii did not cede Honolulu. any private property in the neighborhood~ and could not have Mr. SPOONER. Would it not be better legislation for the done so. Senator to make his amendment hypothetical and provide for the Mr. DAVIS. Wherever there was any private property no at­ Condemnation if Hawaii should be annexed? . tempt was made by the treaty to make any cession of it. 1898~ ' OONGRESSIONAL RECORD-SENATE. 6453

Mr. HALE. I have not the language of the treaty here, but it Mr. HALE. That has been already stated, Mr. President. We was expected and was in view, that if anything was done accom­ have it only by the cession in that treaty. If the Senator will panying the cession, then the Government of the United States refer to the treaty, it will show. would proceed to acquire private title and ownership. Mr. ALLEN. Is that a permanent cession? Mr. TiLLMAN. But did not the Government of Hawaii cede Mr. SPOONER. It is a grant. The treaty uses the word jurisdiction over whatever land might be purchased or obtained "grant/' and there is no limit to its duration. in a lawful way by this Government? - Mr. ALLEN. No limitation as to time or as to estate? Mr. HALE. Precisely. That was all the Government could Mr. SPOONER. No limit whatever. do. I almost used that word. By the treaty it ceded jurisdiction. The VICE-PRESIDENT. The amendment as modified is be­ Therefore the'United States Government might come in and do fore the Senate. The question is on ·the adoption of the amend­ what is proposed by this amendment and buy the property of the ment as modified. private owners. Mr. LINDSAY. A book recently published by an officer in the Mr. SPOONER. Where there are private owners. Navy, which purports to be published by the authority of the Mr. HALE. Yes; where there are private owners. Navy Department. as I recollect, argues that Pearl Harbor can Mr. SPOONER. This was private ownership at the time the not be defended by fortifications that do not also include the treaty or the grant was made. defense of the harbor at Honolulu. I will ask the Senator from Mr. PETTIGREW. The property around Pearl Harbor is all Maine whether this matter has been investigated, whether this owned by private parties, and all that is suitable for this purpose condemnation, should it become practicable, will really put us in is owned by an Englishman named Camp bell. We were told possession of the land to enable us to erect fortifications to protect that a portion of it could be bought for $75 an acre; but Mr. Pearl Harbor? Campbell, in talking. to me, said that it could not be bought for Mr. HALE. The last investigation tends to show that this is anything like that sum. He said he would want very much more the best place to purchase land in the harbor. Of course the de­ for it. I do not believe that a title can be secured from him ex­ tails have got to be managed by the Department. The Depart­ cept by condemnation. He is a very bitter antiannexationist. ment, on investigation, sent us in the past full reports, to be found Further than that, there is nothing in the treaty which cedes any in Executive Document No. 394, in favor of this particular place. of the shore. We simply have the right to.enter and use Pearl There is this about it that everybody understands, that unless we Harbor, without an inch of its shore line. Mr. Campbell owns do appropriate the money and give the Department a chance to see the fishing rights, which give him title to the entrance of the and investigate Pearl Harbor, and encounter this warlike English­ harbor; and we should have to deal with him before we could man, nothing will be done. I do not know that anything will even dredge it out or do anything else. His cession was given come out of it, but under the circumstances, I think it would be years and years ago; and yon can not dredge the harbor until you well for Congress to put this money in the hands of the Secretary first deal with him. of the Navy, so that he may see if anything can come out of it. Further than that, we own to-day a harbor better than Pearl If the Senate opposes this amendment and strikes it out and lets Harbor ever will be. Yon can not enter Pearl Harbor in storms it all go, I think it would be wise, under present conditions, with unless you build great breakwaters that will cost millions. It the amendments suggested by the Senator. from Wisconsin [Mr. opens right upon the sea. We have a harbor in Kiska, in the SPOONER] and the Senator from Georgia [Mr. BACON], to put this Aleutian chain, a thousand miles nearer Manila and nearer Hong­ money into the hands of the Secretary of the Navy, and see what kong than is Pearl Harbor, and that harbor is better than Pearl he can do with it. 'That is all there is about it. I have no feeling Harbor ever will be; and if we are going to improve any harbor, about it if the Senate does not want to do it. why not improve a harbor of our own? Kiska Harbor, which we Mr. PASCO. I should like to ask the Senator from Maine if the own, is but 3,700 miles from Manila, while Pearl Harbor is 5,000 appropriation which is proposed here is the first effort which has miles from Manila; and while all our ships can carry coal enough been made to improve this harbor? _ _ to go from Kiska to Manila, over half of our ships of war can not Mr. HALE. No; we have made small appropriations from time carry coal enough to go from Pearl Harbor to Manila. We will to time, but it has not been considered desirable, because the mat­ never use Pearl Harbor, as it does not command the shores of any ter was not so closely pressing-was not imminent-and this, per­ country and is useless for naval purposes. haps, is the first real move in the direction of acquiring the land. Mr. HALE. Let the amendment be read as modified. Mr. CAFFERY. I ask the Senator from Maine when the title Mr. TILLMAN. Will the Senator from Maine permit the Sen­ to this private property surrounding Pearl Harbor was acquired? ator from South Dakota to answer a question which I wish to Was it at the time of the negotiation of the treaty whereby the put? United States acquired Pearl Harbor? Mr. HALE. The Senator has taken his seat. Mr. HALE. I do not know; and that is not essential. If the Mr. TILLMAN. But he is so well posted that I should like to Secretary is given this money and goes to work, and if we annex know from him; or if the Senator from Maine chooses, he can Hawaii and proceed to condemn, or if we do not annex and we answer. I want to know who is responsible for that glorious seek to buy, then the _whole question as to who had the title at treaty of cession to this Government of Pearl Harbor, by which the time of the treaty, or who has the title now, would be looked we received that valuable sheet of water, and spent 82,000,000 int.o. I do not know about that, and I do not care how that is. since the time the reciprocity treaty was entered into? Can the The Government has got to go there. Senator from Maine state that? I want to know what the situa­ Mr. SPOONER. If the Government should find that it was not tion is, and who it was that perpetrated that joke upon the Amer­ private property at the time this grant was made and passed, there ican people. would ba no condemnation. Mr. HALE. The United States, of course, is responsible for it. Mr. HALE. Of course, there would be no condemnation. There is enough responsibility to be distributed over several indi­ Mr. SPOONER. In other words, it only gives authority to do viduals. I do not know who the individuals are. - I ask that the whatever may be necessary. Secretary may read the amendment as it has been modified. Mr. HALE. It endows the Government with authority to go The VICE-PRESIDENT. The amendment as modified will be on and see if they can purchase this land if it is desirable. read. Mr. ALLEN. I desire to ask the Senator if our title to Pearl The SECRETARY. It is proposed to insert: Harbor is not disputed? Improvement of Pearl Harbor: For purchase by condemnation, if the same Mr. HALE. I do not know whether or not it is d~puted. be practicable, or otherwise, of not less than 800 acres of land at not exceed­ Mr. ALLEN. Is it not claimed upon the one hand that we ing S50 per acre, at Pearl Harbor, Hawaiian Islands, for a coaling and repair have an indefeasible title, and upon the other that our title is station, 8(0,000. temporary, a mere easement, which will expire with the reci­ .Mr. BACON. I suggest that there be inserted before the word procity treaty now in existenc-e between this Government and "practicable" the words "should hereafter become." Hawaii? Mr. HALE. Rather than take any time about it, I will accept Mr. HALE. I do not understand that the Hawaiian Govern­ those words, too. ment makes any contest as to the title of the United States, but I Mr. BACON. Very well. - will say the title we have got is substantially nothing; it is in the Mr. HALE. It will be just the same then as it is now. air; it is floating; it is nebulous, until something more is done in Mr. BACON. There is a much better reason for accepting it the way of acquiring land and rights. It is of no account to us than that statement of the Senator. unless we do authorize the Government to take such steps as this Mr. HALE. All right; let the words be inserted. amendment provides for. The VICE-PRESIDENT. The amendment will be so modified. Mr. ALLEN. Did not Mr. Bayard hold that our right of posses­ Mr. A~LEN. I think this is the proper time for the Senator sion would expire with the treaty? from Mame to let us understand the exact character of our title Mr. HALE. I have not followed Mr. Bayard's declarations with to Pearl Harbor. If we are going to appropriate money to con­ that care which would enable me to say just what he has held in demn adjacent property and to make proper improvements, we regard to that matter. ought to have a perfect and complete title to the harbor.- What Mr. ALLEN. That is my impression. is the character of our title? Mr. HALE. Thatmay_be. 6454 CONGRESSIONAL RECORD-SENATE . JUNE 29,

. Mr. ALLEN. He held, in the correspondence with the proper · Mr. SPOONER. I was speaking of the capacity and of the authorities of Hawaii, that onr title or right of possession to . character of Pearl Harbor. The question whether- we own the Pearl Harbor would expire with the reciprocity treaty with that harbor is a question of iaw as to which everv lawyer is" entitled country. to his opinion. Here is the grant: - - Mr. HALE. Mr President, Mr.. Bayard was very careful in the His Majesty the King of the Hawaiian Islands grn.nt.

Great Britain. or any other nation,. saying they shall have a right, Mr. HALE~ On page 136, line 22, I move to strike out "nine for instance, to send their vessels int-o New Y o.rk Harbor, and we hundred and twenty" and insert "two million fiye hundred thou~ have a right to put an end to that privilege at any time we may . sand." see fit. Becan.se we would grant them the right of easement-if · The amendment was· agreed to. that is the right expression-to enter the waters of N-ew York Mr. HALE. On page 137, after line 2, I_moYEr to insert what f Harbor,. would any gentleman in this Chamber claim, under such send to the desk. circ11mstances, that-we granted them a title, an irrevocable title, The amendment was read, and agreed to, as follows: to New York Harbor or· an irrevocable interest in it? To pay for six 2t-inch Sims-Dudley dynamite guns purchased by order of Mr. CAFFERY. Will the Senator permit me to ask him a the Secretary of War, $10,200. . question? Mr. HALE. Following that I move to insert what I send to Mr. ALLEN: Certainly. the.desk. Mr. CAFFERY. Under the grant from Hawaii to the United The amendment was read, and agreed to, as follows: States of Pearl Harbor there is a grant to occupy that harbor for For purchase of ten Sims-Dudley dynamite guns of 2t-inch. caliber for tlie a coaling station and repair station and to do all the works to the six months beginning July 1. 1898, ~500. For 1,000 pl'ojectiles and.charges end of making a coaling station and a repair station valuable. for same, ~17,000. • • That is a part of the substance of the grant. Mr. HALE. On page 11., after lme 21,. I move to msert what I Mr. ALLEN. Yes, sir. send to the desk. · Mr. CAFFERY. Now that tlie United States undertakes to Tile amendment was read, and agreed to, as follows: improve this harbor, to establish a coaling station, a repair star ~or det~cting and bringing to trial and punishment persons guilty. of vio- tion, and to do other work necessary to the end of making that latmg the mternal-revenu_e laws, $10,000. • • harbor answer the purpose of the grant, does the Senator suppose Mr. HALE. On page 86, after·Ime 18, I move to msert what I that Hawaii can revoke that grant? send to the desk. . ~ Ml:.. ALLEN. I most certainly do, under the terms of this The amendment was read,, and agreed to, as follows.: grant Under this grant we have the power to do those things F

same, $15,000, or so much thereof as may be necessary: Provided, That not of t~e In~rior, w~ol~y with reference to the_ir fitness and w~thout regard to more than $1,000 of said sum shall be used for the purchase of a suitable site thell' political affiliations, and as far as practicable from the residents of the for the purposes of said station. respective States where forest reservations exist or may hereafter be set Mr. WARREN. I offer the amendment which I send to the apart, to inspect or survey said reservations, report to the Secretary of the Interior the portions which should be excluded, and generally to perform desk, to be inserted between lines 1 and 2, on page 48. such duties ~n the preservation of such forest r~servations and the appraisal The amendment was read, and agreed to, as follows: and sale of tunber as the Secretary of the InteriOr may prescribe, 100,000. Office of the Assistant Attorney-General: For sufficient additional em­ Mr. HALE. Is this the amendment which arose from the dis· ployees for the fiscal year ending .Tune 30, 1899, to bring and keep the work of the office up to date, as required by section 7 of the act of March 15, 1898, cussion upon the sundry civil bill in relation to forest reservations? entitled '·An aet making appropriations for the legislative, executive, and Mr. CARTER. This is the amendment, and I will state to the judicial expenses of the Government for the fiseal year ending June 30, 1899, Senator-- · and for other purposes," namely, three assistant attorneys, at $2,000 each, and one clerk, who shall also be a stenographer and typewriter, $1,600; in all, Mr. HALE. The Senator need not explain it, so far as I am $7,600. concerned. Mr. WARREN. Mr. President, I wish to insert in the RECORD, Mr. CARTER. It is the same amendment. in connection with the amendment, about four lines from the re­ Mr. HALE. I looked at it then, if it is the same amendment. port of the Secretary of the Interior, which I have marked, and Mr. CARTER. Yes. half a dozen lines from the legislative act of the present session, Mr. HALE. I dono~ object. together with the letter of the Secretary of the Interior to the Ap­ The amendment was agreed to. propriations Committee bearing upon this subject. Mr. HANSBROUGH. I offer the amendment which I send to The matter referred to is as follows: the desk. The SECRETARY. On page 4, after line 11, it is proposed to in· [From the report of the Secretary of the Interior for 1897.] sert: The number of assistant attorneys in this office is not sufficient to dispose of the great volume of work which comes before the office, and the compen­ Co~ercial qoD?-mission to China: The President is hereby authorized to sation provided for some of them is not commensurate with either the amount appo~t a Cals from the General Land Office, and also in a large volume of cases com­ to ing from the Indian Office, as well as in some cases coming from the Patent that is the proper place for the amendment to be inserted, and I Office, and in others originating in the several bureaus in this Department. temporarily withdraw it. The values involved in many of the public-land cases reach into the hundred The VICE-PRESIDENT. The amendment is withdrawn. of thousands, and, in some instances, into millions. The volume of business in the office of the A istant Attorney-General, and the number of people Mr. SPOONER. On page 139, line 19, I move to strike out the affected thereby, are much beyond the comprehension of one who has not words "on the recommendation of the Commissioner of Internal given it attentive consideration. Revenue." · The character of cases decided requires careful investigation and that Mr. HALE. There is no objection to that. the decisions be made with reasonable promptness. Serious delay1 such as is now necessary by reason of the accumulated business in the office, 1S not only Mr. COCKRELL. Let the amendment be stated. att.ended with great inconvenienee to the Government and the parties inter­ The SECRETARY. It is proposed, on page 139, line 19, to strike ested, but, in some instances, is almo t ruinous to the interests mvolved. The present force in that office is not large enough to keep up the work in out the words "on the recommendation of the Commissioner of hand. Each of the assistant attorneys now examines and passes upon, in a Internal Revenue." single year, more cases and greater values than are ordinarily considered and Mr. COCKRELL. So as to read. determined in the same time by a State or Federal judge. I respectfully and very earnestly recommend that, through an amendment The SECRETARY. So that if amended the clause-will read: in the pending deficiency bill, if it ran be appropriately done, the force in the For such additional temporary force in the Internal-Revenue Service as office named be increased by the addition of three assistant attorneys, at $2,000 in the judgment of the Commisswnerof Internal Revenue, may be necessary per annum each, and one clerk, who shall also be a stenographer and type­ to carry into effect the act "to provide ways and means to meet war expen­ writer, at $1,600 per annum. ditures, and for other purvoses;" the office force in the Internal-Revenue Very respectfully, Bureau to be appointed by the Secretary of the 'l'reasury; and internal· C. N. BLISS, 8ecretanJ. reven'!le ~gents and deputy collectors o~ internal rev~nue paid from this ap­ Ron. WILLI.Ald B. ALLISON, _ propriatiOn shg.ll be selected and appomted, respectively, under the provi­ Chairman of Committee 01t Appmpriations, sions of section 3152 and section 314.8 of the Revised Statutes, to be available United States Senate. from the date of the approval of the foregoing act and to continue available Mr. DAVIS. I offer the amendment which I send to tee desk, during the fiscal year 1899, S-500,000. to be inserted after line 21, on page 62. The amendment was agreed to. The amendment was read, and agreed to, as follows: Mr. STEW.A.RT. I offer the amendment which I send to the And nothing in section 27 of chapter 543, volume 26, of the United States desk, to be inserted after line 16 on page 40. . Statutes at Large, pages 1038 and 1rn9, shall be construed to apply to any con­ The SECRETARY. After line 16, page 40, it is proposed to insert: tract for services for the prosecution of any claim against the United States . That the Secretary of. the Navy is_hereby authorized, as recommended by or the Indians named in sa.id section, and which had been prosecuted to its h1sDepartment, to rerrut to the limon Iron Works, of San Francisco. Cal. final allowance by the Department before which it was prosecuted within the horsepower penalty imposed under the contract for the armored coas~ the period stated in said contracts; and said contracts shall not be deemed defense vessel Monterey; and the sum of $32,823 is hereby appropriated for or taken to have been in full force and legal effect until the date of their that purpose. official approval by the Secretary of the Interior and the Commissioner of Indian Affairs, and the date of the approval thereof officially indorsed thereon Mr. HALE. I make the point of order upon the amendment. by said Secretary of the Interior and Commissioner of lndian Affairs, as re­ Mr. STEWART. I think it must be in order. It has been re· quired by the provisions of the fourth paragraph of section 2103 of the Revised Statutes of the United States; and in all such cases the Secretary of the In­ ported by a standing committee, the Gommittee on Claims, and terior shall cause all claims for service under such agreements to be adjusted, referred to the Committee on Appropriations, and it is precisely audited, allowed, and paid out of any moneys in the Treasury belonging to of the same nature a.s various appropriations in the bill. the bands or tribes to which such Indians belong; and so much money as is necessary for that purpose is hereby appropriated, out of any money in the : Mr. HALE. This is a matter which by the Senate was commit­ Treasury not otherwise appropriated, and the amount so paid shall be charged ted to the Committee on Claims,.has been reported from that com­ against any fund to the credit of said Indians, tribes, bands, or individuals in mittee, and is now found in what is known as the Teller bill, the Treasury of the United States: Provided, That the amount so audited, allowed, and paid shall not exceed the sum of $4:5,000. which is at present in conference between the two Houses. No committee since that action by the Senate has reported in favor Mr. CARTER. I submit the amendment which I send to the of its being placed upon the appropriation bill. Therefore I make desk, to be inserted between lines 11 and 12, on page 55. the point of order upon it. If we begin to take out of the Teller The amendment was read, and agreed to, as follows: bill items which under the direction of the Senate have been put That no filing shall be allowed nor shall paten~ or other evidence of title into that measure, there will be no end to them, and we may as be issued on land in Alaska or elsewhere on any homestead or any soldier's additional homesten.d claim until the public-land surveys are regularly ex­ well put the whole bill on the pending appropriation bill, and tended and approved embracing such claim. that would end thi-s bill. The Teller bill is now in conference. . Mr. CARTER. I offer the amendment which I send to the desk. Mr. STEWART. That changes the aspect. The SECRETARY. It is proposed to insert between lines 2 and 3, Mr. HALE. The Senator withdraws the amendment. on page 54, the following: The VICE-PRESIDENT. The amendment is withdrawn. For compensation of forest inspectors, superintendents, supervisors, sur­ Mr. SPOONER. On page 88, between lines 5 and 6, I move to veyors, range!s, and fire patrol, to be hereafter appointed by the Secretary insert the amendment which I send to the desk. 1898. OONGRESSIONAL RECORD-SENATE. 6457

The SECRETARY, After the amendment already adopted, after bill I am constrained to make the point of order. If I do not do line 5, page 88, insert the following: that in this case, as I did with the Senator from Nevada [Mr. To pav Michael Conlan the difference between the compensation of a STEWART], I would be overwhelmed. Any other course would laborer and that of a messenger from December 2, 1889, to March 31, 1890, render nugatory the deliberate plan which we made to have all under resolutions of the Senate of March 1, 1889, and January 27, 1890, $238.75. these cases considered by the Committee on Claims and having Mr. COCKRELL. I should like to hear some explanation of the committee to report a general bill covering all of them. This that amendment. is one of the cases that they considered, and it is now in that bill Mr. HALE. I make the point of order against it. and in conference . . Since that was done no committee has recom­ Mr. SPOONER. I hope the Senator from Maine will not make mended that it be taken out. Therefore I must raise the point of a point of order. order against the amendment. Mr. HALE. I shall be obliged to make a point of order. It is Mr. ALLEN. If the Senator will permit me, I say in all kind­ not recommended by any committee. ness I think the Senator ought to apply the ~ule indiscri::ninately. Mr. SPOONER. This, of course, is a Senate expenditure. If the knife is to be placed in any bill, let it be placed in every bill. When I was a member of the Senate before, I was a member of Less than ten minutes ago the Senator from Montana [Mr. CAR­ the Committee on Public Buildings and Grounds. That commit­ TER] submitted an amendment carrying an appropriation of tee was required by a resolution of the Senate, under date of $100,000 which was subject to a point of order. That point of December 21, 1888, to make an investigation into the conduct of order was not made. That amendment pertained to the forest : the office of the Supervising Architect. The committee was au­ reservations of the United States. There is a general committee thorized to employ a stenographer and a messenger, to send for of this body on· forest reservations. That amendment was never persons and papers, and there was conferred upon the committee referred to that committee. the usual power for a complete investiga~on. This Mr. Conl~n Mr. HALE. Was that amendment not in the Teller bill? · was appointed the messenger of that committee. I was the charr­ Mr. ALLEN. No; but I say the amendment was never referred man of the subcommittee which made the investigation. It is a to the appropriate committee and never met its approval. It was simple matter to the Senate, but it is a very large matter to the therefore subject to a point of order. I did not see fit to make it, man who is interested in it. I hold in my hand the testimony in view of the fact that the chairman of the committee did not see which wa.s taken by the committee. During all the time that the fit to make it. committee had sessions Mr. Conlan was the messenger of the com­ Mr. HALE. I understand now what the Senator is referring mittee. to. The matter came up at the time of the discussion of the sun­ Mr. HALE. I withdraw the point of order. dry civil bill. The Committee on Appropriations were then con­ Mr. SPOONER. I am much obliged. sulted and polled, and agreed that it should be offered upon the The VICE-PRESIDENT. The question is on agreeing to the deficiency bill to cover the defect in that bill. So the amendment amendment of the Senator from Wisconsin, had the approval of the committee. I did not know what amend­ The amendment was agreed to. ment the Senator was talking about. Mr. ALLEN. I offer an amendment to be inserted on page 36, Mr. ALLEN. It was, however, subject to a point of order un­ after line 25. der the rnle. The Secretary read the amendment, as follows: Mr. HALE. It was not subject to a point of order. The com­ For value and r ent of buildings on the northwest quarter of the northwest mittee had agreed to that amendment. quarter of section 2 township 13, range 13,FortCrook,Nebr., fromFebruary Mr. ALLEN. Is it not the universal rule that a proposed 9, 1890, to February '9, 1893, at $!80 per yea~· being for the value an4 use of buildings on the land acquired by tbe Umted States by condem~at1on pro· amendment must be sent to the committee haying jurisdiction of ceedinas in the suit of the United States against Henry Zurcher, m accord· the subject-matter and meet its approval or its rejection before it o.nce with a pro~osition made by Henry T. Clarke to the Secretary of Yfar can be offered? That seems to be the rule of the Senate. July 29 1889 which said proposition was for the sale of lands to the Umted States for ~new Fort Omaha, now Fort Crook, by which propos!tion all Mr. HALE. Yes; I suppose technically that would be so. said buildings were reserved by Henry T. Clarke, but were appropriated by Mr. ALLEN. That was not done in that case. the United States, $5,500. Mr. HALE. But as it came over from the other bill with a full Mr. HALE. Mr. President-- understanding at that time that it should be offered here, I did Mr. HAWLEY. The subject-matter of the amendment was not make the point of order, as the Committee on Appropriations before the Committee on Military Affairs at more than one session, had agreed to it. . and it was discussed a great deal. I wish to ask the Senator from Mr. ALLEN. I am not chiding the Senator for not making the Nebraska who offers it now whether the form in which he offers point of order. I only regret that the point of order wa.s not made it has been approved by that committee? on the Senator from Montana or the Senator from Wisconsin, but Mr. HALE. I make a point of order against the amendment. that it fell to my lot at the first opportunity. Mr. ALLEN. I hope the Senator from Maine will not do that. Mr. PETTUS. Mr. President- The VICE-PRESIDENT. A question was asked of the Senator The VICE-PRESIDENT. The amendment offered by the Sen­ from Nebraska by the Senator from Connecticut. . · ator from Nebraska is not disposed of. Mr. ALLEN. The form of the amendment, I think, is substan­ Mr. ALLEN. I wish to say, in addition to what I have already tially. that suggested to me by the chairman of the Committee on said, that I introduced this amendment at the extraordinary ses­ Military Affairs. . sion of the present Congress, and I have been importuning the Mr. HAWLEY. How much does it propose to pay? Committee on Military Affairs to take it up and dispose of it Mr. .ALLEN. It c~rries the sum from $2,900, which was rec­ one way or another from that time to the present. I have not ommended by the Committee on Military Affairs, to $5,500, which been able to get a report on the amendment during this Congress. includes the three subsequent years. I have appealed to the chairman of the committee in person; I Mr. HAWLEY. 1 could not understand the Senator owing to have written several times on the subject, but the committee have the noise in the Chamber. Will he please repeat his statement? no doubt been loaded down with military affairs requiring their Mr. ALLEN. The Committee on Military Affairs recomme~ded attention, and this matter, with others, has been placed aside until an appropriation of $2,900, being rent at $400 a year, I thmk. the pressure of business was over. I have done everything I could Since that time, since the Fifty-fourth Congress, rent for some to have it properly considered. three years more has accrued at the same rate, and it is made to Mr. HALE. The Senator undoubtedly has done everything he embrace those three years. It conveys an absolute title and closes can to have it adopted, but it is clearly subject to the point of up the acco_unt between Mr. Clarke and the United Sta~s. . order. The Senator, of course, is not to blame for that. Now Mr. President, one word to the Senator from Marne, 1f he Mr. ALLEN. Can not the Senator pass over the point of order will yi~ld to me. I hope this amendment will be accepted. It is and let me escape with the Senator from Montana and the Senator a very recent account. . There is no. question ab~:n~t its ~egality or from Wisconsin? justness. It is closely connected With the admi?IS!Xation of the Mr. HALE. I am afraid I can not, because there are a dozen duties of the War Office, and has accumulated Wlthm the last five Senators here waiting with amendments that are in the Teller or six years. It met the approval of the Committee on Military bill. Affairs at one time up to the sum of $2,900, which was the amount Mr. COCKRELL. I do not think my friend from Nebraska then due. The amount of $5,500 is due now. has any right to complain against the Committee on Military Af­ While it is true that this item is on the omnibus claims bill, I do fairs. By his direction or by that of some one else this claim has not think that ought to be construed to prevent its prompt settle­ been before the Committee on Claims of this body, where it ought ment in view of its very recent and close connection with the to go and where it belongs. The Committee on Claims has acted administration of theWar Office. I was in hopes, after the Sena­ upon it, reported itt.) the Senate, and it has passed the Senate in tor from Wisconsin had been treated so nicely and the objection the bill that has been sent over to the House. On page 154 of to his amendment withdrawn, that no objection would be made that bill I find the following: to this amendment. I hope the Senator from Maine will not press To Henry T. Clarke, of Omaha, Nebr., the sum of $2,900, for the value and his objection. rent of buildings on the northwest quarter of the northwest quarter of sec­ Mr. HALE. Senators will understand, and I know the Senator tion 2, township 13, range 13, Fort Cook, Nebr., and being the buildings on said land acquired by the United States by condemnation proceedings in the suit from Nebraska will appreciate, ihat in any of the cases that have of the United States against-Henry Zucher, in accordance with a proposition been considered by the Committee on Claims and put upon their made by Henry T. Clarke to the Secretary of War on July 29,1889, which said 6458 . CONGRESSIONAL RECORD- SENATE. JUNE 29, .

. proposition was for tnesafe of1anci to the United S"tatesfor a new Fort Omaha, Tates to the compensation of gangers of fruit brandy and fruit now Fort Crook, and by which proposition all said buildings. were retained liquor. Owing to a decision made only four or five days agd oy by said Henry T. Clarke.- · the Comptroller it is impossible to pay these gangeTs as they should Mr. ALLEN. Tllat is my work. It is not by virtue of the Sen· be paid~ I have a letter here from the Commissioner of Internal ato1· from Missom·i that it is there. Revenue and a letter from the Secretary of the Treasmy, and also Mr. COCKRELL. Can yon have a case pending in one com­ the opinion of the Comptroller. I ask unanimous consent that mittee and have it acted upon there, and abuse and blame another the amendment may be placed in the bill. If there is any objec­ committee for not acting upon it? tion to it hereafter it may be considered in conference. It is the Mr. ALLEN. I can. request that it shall be put upon some bill at this sessi(}n, as it is Mr. COCKR"ELL. It is a newwayof proceeding iii the Senate. important to include the fruit brandy making season, beginning Mr. ALLEN. It.may be. New methods are properly introdu- now very soon. cible here. It would be a very good thing for the Senate if some Mr. COCKRELL. Let the amendment be read. new methods were introduced. But, aside from that, I want to The VICE-PRESIDENT. The amendment will be read. say to my amiable friend at my right tliat I have not abused the The SECRETARY. Insert at its proper place the following-­ Committee on Military Affairs. I have exculpated them, expressly Mr. ALLISON. The proper place is on page 11, after line 21. saying that they were p1·essed with business and had been unable There has already been an amendment inserted there. to take it up and consider the amendment¥ At the same time, Mr. The SECRETARY. Following the amendment on page 11, after President, that ciea1·s· my skirts of any negligence in connection line 21, insert: with the matter. · That gaugers employed in gauging fruit brandy and gaug-ers specially de­ It was perfectly proper, in view of the fact that this is a military tailed. for speciaL duty: under the direction or the Commissioner of Internal matter, to send it' to the Committee on Military Affairs. It would Revenue may be pa.1d at the discretion of the Commissioner of Internal have been perfectly proper for that committee to have taken it up Revenue, either by fees to oe determined by the quantity gauged or by a daily compensation not to exceed $5 per diem while actually employed· and and reported it either affirmatively or adversely. It was perfectly ir:. calculating the daily compensation of all gaugers pa.id by fees the. quahtity proper under the rules of this body for me to introduce it as a gauged. for which fees are paid may be determined by dividing the aggregate distinct bill and send it to the Committee on Claims and have it gallons of spirits gauged by the number of days on which tne gauger was acted upon there and reported favorably. It was perfectly-proper actually em}>loyed during the month. for me to introduce it as a proposed amendment to the omnibus­ Mr. CAFFERY. Is $5- a day the usual compensation? bill and have it incorporated in that bill. Mr. President, if there Mr. ALLISON. That is the present law. was anything wrong in the transaction, I am perfectly willing to The amendment was agreed to. submit myself to the distinguished condemnation of my friend~ Mr. PETTIGREW. On page 69t line 14, I move to strike out The VICE-PRESIDENT. Is the amendment withdrawn? the word" :Muscogee:' and insel't "Wagoner." Mr. ALLEN. No, sir. . The amendment was agreed to. The VICE-PRESIDENT. The amendment is not withdrawn. M1:. HAWLEY. I am instructed by the Committee on Military The point of order is sustained. The Senator from · Alabama is Affarrs to report favorably a proposed amendment to the pending recognized. bill. I move to insert, on page 36, after line 7, the amendment llfr. PETTUS. I ask leave to offer an amendment to the vend- which I send to the desk. ing bill, to come in on page 66, after line 4. - The SECRETARY. On page 36, after line 7, insert: The amendment was read, and agreed to, as follows: Gerdomgas check: To enable the Secretary of War, in his discretion. to That the Postmaster-General is hereby authorized and directed to state purchase the patent of Gregory Gerdom for a gas check for breech-loading an account with the Mobile and Ohio Railroad Company, a corporation char­ guns, for a sum not exceeding $22,1XX>: Provided, That in the orinion of the tered by the State of Alabama, for transporting the mail& of the United Secretary of War said patant covers tha same: .And provided urthe1· That States o'\"er its lines during the ~eriod. between July 12, 1876, and Januax:y 25~ before payment is made to said Gerdom for said patent he shal file wi'th the 1 9 both inclusive; and in sta.tmg said account credit shall be given to saia Secretary of War a. release of a.ll claims against the War Department fot ac­ railroad company for all sums to which it was justly entitled; and no such cr·ued.royallies for-tbe use of said patent. sum shall be barred by the statute of limitations. And the Postmaster­ General is hereby authorized and directed, upon stating the said account.. to Mr.-HALK Is the amendment reported by a committee? certify the amount found to be due to said company to the Secretary of the l\1r. HAWLEY. It is, after very careful consideration. It is a Trea ury for paymentj and a sufficient sum of money is hereby appropriated, measure of economy. out of any money in tne Treasury not otherwise appropriated, for the pay· men t of the sum so certified. The amendment was agreed to. Mr. CAFFERY. I renew the amendment which I withdrew a Mr. WHITE. On page 88, after line 5, I move to insert, follow­ few moments ago. ing the amendment already adopted: The VICE-PRESIDENT. The amendment will be stated. To pay R. P. Troy the difference between the salary of a messenger aetincr as asSIStant doorkeeper and that of acting assistant doEn·keeper from August The SECRETARY~ After line 4, page 23, insert~ 18, 1893, to· Februa.ry 18, 1896, Sl,980. The· salaries of the officers and clerks of the mint at New Orleans, La., shall be the same in amount for the fiscal year 1899 as for the present fiscal Mr. HALE. Is that a matter in the House of Representatives? year. Mr. WHITE. No-,.sir. .Mr. HALE. Does that cover t.he matter that was before the Mr. HALE. Is it a.matte1rin the Senate? Committee on Appropriations in reference to the incre.ased busi­ Mr~ WHITE~ It is exactly analogous to the amendment offered ness at the New Orleans mint.? by the Senator from Wisconsin [Mr. SPoo~] and adopted. It Mr. CAFFERY. Yes, sir. is the same kind of an amendment. · Mr. HALE. Then I d9 not object to the amendment. The amendment was agreed to. The VICE-PRESIDENT. The question is on agreeing to the Mr. MANTLE. On page 88, after the amendment just adopted amendment. I move to insert: ' The amendment was agreed To pay H. R. Cunningham for additional services rendered in t:Jio offi.ce of to.. the Seereta.ryof the Senate as acting assistant minute and jom·nal clerk from Mr. CAFFERY. I offer the following-amendment also. After March 12, 1 US, to May 15, 1898, ~- line 4, page 17, I move to insert: The amendment was agreed to. . Payment to Edward II. Murrell: To pay to Edward H. Morrell the sum of Sl,409.3! collected from his property oy Treasury agents in Louisiana and Mr. MANTLE submitted the following amendment; which was turned into the Treasury. read: Mr. HALE. Imnstmake the point of order that that is a claim. That hereafter, and until otherwise provided by law, regulAr terms of the circuit and district courts of the Unit-ed States for the district of Montana The VICE-PRESIDENT. The point of order is sustained unless shall be held at Butte, Mont., on the first Tuesday in February and on the the amendment has been reported by a committee and referred to first Tue day in September in each year, and causes, civil or criminal, may the Committee on Appropr:iatiollB. be transferred by the court or the judge thereof from Helena to Butte or from Butte to Helena in said diatrictr when the convenience of parties or Mr. ALLISON. On page 30, at tlle end of line 2, I move. to in­ the ends of justiceworud1 be promoted by the transfer, and any interlocutory sert the following proviso: order may be made by the court or judg~ thereof in either place. Pmt;ided, That a.ll existing conduits within the fire limits and a.ll existing That an act entitled "An ac~ to __provide for holding term. of court in the overhead electric-light wires without the fire limits in the District ot Colum· distl'ict of Montana," approved July 20.1892, be, and the same is hereby bia are hereby legalized until otherwise provided by law, and house connec­ re~~~ . tions may be made with such overhead electric-light wires outside such fire Mr. HALE. Was the amendment reported n·om the Committee limits. on the Judiciary? The amendment was agreed to. Mr. MANTLE. It wasfavorablyreportedfrom the Committee Mr. ALLISON. Immediately after the amendment just agreed on the Judiciary. to, I move to insert: The amendment was agreed to. Pt·ovided/urtheJ-, That the Cable and Postal Telegxaph Company now in Mr. behalf of the Committee on Pacific Rru1~ the ducts o the Potomac Electric Power Company may be connected with MORGAN. On the existing wires of said telegraph company on the Aqueduct Bridge by a roads, I ask unanimous consent for the consideration of the amend­ connection not exceeding 300 feet in length. ment which I send to the desk. The amendment was agreed to. The SECRETARY, Insert the following: Mr. ALLISON. I have one other amendment that I propose to That the Secretary of the Treasury, the Secretary of the Intel·jor, and the Attorney-General, and their successors in office, be, and they are 'hereby, ap­ offer at this time and I ask unanimous consent, because it is not pointed a commission with full power to settle the indebtedness to the Gov· in order, that I may offer it and make a brief explanation. It re- ernm~nt growing out of the issue of bonds in aid of tbe construction of the 1898~ CONGRESSIONAL- RECORD-SENAT& ~ 6459

Centra.lPa.cific a.nd. Western Pacific bonllia.ided railroads, upon such terms Sena-te-, afte.r- their very careful ~tudy-and their recommendation and in such manner as may be. agreed upon by them. or by a. majority of of it, thls- amendment embracing,. as it does, a settlement of a: them, and the owners af said railroadS~ Provided, That any and all settle­ ments thus made shall be submitted in w:riting to the President for his ap· very great and ve-xed question that for many years has disturbed proval or disa.ppr~va1. a.nd unless approved.by him shall n'Ot be binding. the internal policy 'of the people of the· United States. That said commission shall not a,aree to accept a. less sum in settlement of Mr. PETTIGREW. Will the S-enator allow me· to: ask him: a the amount due the United States than the full amount of the principal and unpaid interest due at the time of said settlement: An~ also p1Y!vided That qu~stionJ said commission are hereby empowered to grant such t1me or trmes of pay­ Mr. MORGAN. Yes·.. ment by installment, and at such rates of interest, to be. not less than 3 per· M.r-~PETTIGREW. I should like to knowifthe Committee on . cent per annum, paya.ble semiannually, and with such security as: to said commission may seem expedient. Pacific Railroads are· unanimous in this re]ort with regard to· the The sums of money and stocks or securities that shall be received by tlie settl~ment witlL the- railroads?. United States under the provisiollS of this act, and such sn:ms of money, Mr. MORGAN. Lthink they are entirely unanimoll5. stocks. or securities. as have been received~ or shall be received, from the sale or ot her disposal of th~ rights or interests of tJ:le unn:e·d States in the U'nic;n Mr. PETTIGREW.. I do not think I would obj.ect to this am-end­ Pacific Railway Company and the Kansas Pacific Railroad Company and m ment if it contained nothing else. If ft is simply a proposition. any branch of the Union Pacific Railroad Company, shall constitute a charge upon which: the Committee on Pacific Railroads are unanimous, I on the Treasury of the United States, to be applied to the

We could go on here and have a long series of litigious contro­ ernment was loaned to the Union and Central Pacific railways versies in Congress and in the courts with the Central Pacific for the building of that great transcontinental route of railroad, Railway Company; and I am free to acknowledge that my belief The manner of raising that fund, the power of Congress to create is-in fact, I am satisfied-that in the outcome 6f any litigation of those railroad companies, and all connected with it is a matter of that kind aft.er years of effort there would be perhaps added to the undisputed authority now upon the part of the Government of the debt due from the Central Pacific Railway Company to the United United Stares; and that authority has been frequently affirmed by States many million dollars, which could be recovered by a judi­ decisions of the Supreme Court. So that this fund has found its cial decree, or perhaps enforced or compelled by action of Con­ way into the Treasury, and part of it is there now, without the gress. Nevertheless, I am quite satisfied that no Congress will sit slightest opportunity on the part of any person to raise a question here that will depart from the precedent that has been established of constitutional power in the gathering or the raising of this in the case of the Union Pacific Railway Company. fund upon subsidy bonds. The country has become, as I have remarked, so entirely satis­ What was the object of the Congress of the United States in the fied with that settlement as that hereafter there will be no serious creation of these great corporations, these great railway com­ question made anywhere as to its validity as a precedent for the panies-for Congress did creat-e them, Congress gave the charters settlement of the Central Pacific Railway debt. Therefore, in and appropriated the money for the purpose of building these committee I voted with the entire body of the committee that this roaQ.s-what was the object? Twofold. First, a governmental should be the basis of settlement between the Central Pacific object in connecting the coasts of the Pacific Ocean with the east­ Railway Company and the Unired States; that while we could ern parts of the United Stares, whereby the Government might recover back the principal sum that we have paid out and the overcome the hostilities of Indian tribes and might transmit its interest that we have paid out, without making rests for the cal­ mails, its munitions of war, its soldiery, its agents, and all that culation of interest from year to year, and without attempting to rapidly from one coast to the other, and thereby complete, so far resort to any of the hidden assets of this company upon any ground as the Government could complete, the wonderful project of the of irregularity or fraud, or what not, we would reach in such a location of our civilization and our Stares and Territories upon settlement as that the conclusion~ which we may now just as well the Pacific coast. anticipate, becam;e that is what it is coming to, that the prece­ The other object was to furnish to the people of tbose countries dent I have mentioned will furnish the basis and the rule of set­ engaged in industry, whether it was in mining, or timber ship· tlement. ments, or in agricultural industries, or what not, an opportunity When we see a matter as plainly as this, when it is established to transfer their commerce from coast to coast and from State to by the precedents to which I have referred, and when we know State freely and rapidly at a fair rate for transportation. that the outcome of the settlement with the Central Pacific Rail­ The railroad system, when it was established by the aid of Con­ road Company is but to be that which is present-ed in this amend­ gress, went into the hands of men who seemed to have little or no ment, I for one feel, Mr. President, that it is my duty to waive aU consideration for the welfare of those people, and we are about of my predilections, or, if you please, prejudices, or, if you please, now to relax our hold upon this railroad sysrem and let it go convictions, as to what is honestly and equitably due from this without I:etaining the power to restrain these railroads in their railway company to the United States, and to accept the settle­ conduct for the benefit of the people of the United States who ment that everyone sees is to become the settlement of the future, live along the line and on the Pacific slope. whenever that is made. Now, sir, for the purpose of giving to the people of the United In committee the question arose as to whether the sum should States, those situated in and inhabiting those countries, an op­ be less than that which I have stated. That objection was vored portunity to live in their agricultural and other industries a plan down, and we fixed upon the sum of the principal debt and the has been set on foot here of setting apart this fund in the Treasury interest as being the basis of the settlement. of the Unired Stares, not by earmark, not as a specific trust, but The Central Pacific Railroad Company professes not to be able as a charge on the Treasury for the purpose of building the Nica­ at this time to pay so large an amount of money in hand, which, raguan Canal. as I remember the figures-! do not know that I am quoting ex­ Mr. President, I supposed the time had arrived in the history of actly-is about $59,000,000. That is the amount of the debt. the Congress of the United States-it certainly has arrived in the Therefore, the Central Pacific Company would have to claim, minds and contemplation of the people-when there is to be no and does claim, an extension of the debt. longer delay in the building of the Nicaraguan Canal. This fund A question arose as to the int-erest they should pay upon that that you are proposing to handle under this amendment, having extension, and the rate of 3 per cent was fixed by the committee, answered its purpose of building this great transcontinental line because that is now substantially the Government rate of int-erest of railway, comes back into the Treasury of the United States, as established by our recent legislation. So the committee came repaid by these corporations. . together. without any sort of difficulty, in making the recommen­ But the proposition is that that fund shall be set apart in the dation that the debt should be paid upon that basis and should Treasury of the Unired States for the purpose of constructing a also bear the rate of 3 per cent interest until it was extinguished. ship canal across Nicaragua, so as to give to the people who are Some Senators desired to give a long period of time for these post­ concerned along the Pacific slope and everywhere else, to all classes poned payments. Others desired a very short space of time. . of men, the opportunity of having freights canied by competitive The committee did not agree to report any particular space of waterways, so that their industries will be relieved of some of the time, leaving that matter open, of course, for the consideration of tax and burden of overcharges for transportation to our Eastern the Senate after being duly advised of the facts; but the commit­ home markets. tee felt satisfied, when they got this debt from the Central Pacific I would not consent, Mr. President, for the franchise and prop­ Raih·oad Company amply and perfectly secured and that it should erty of the Central Pacific Railway Company to find its owner­ bear the rate of 3 per cent interest per annum, payable semi­ ship in the hands of private individuals, without strict legal re­ annually, that that was all that we could ask, for the Government sponsibility to the United Stares, because upon the maintenance of the United States was not then, at the time we made there­ of the rights of the United Stat-es in the Central Pacific Railway port, and certainly is not now in distress for resources of any Company as they exist, and under the charters as they exist, there kind in the handling of its securities, it makes no difference hinges the most important results that are conceivable to the peo­ whether the subject is war or peace that creates the necessity for ple of the Pacific coast and all the people to the eastward until the raising of money. you get to the Union Pacific Railway, and over that to the Middle So I am entirely satisfied on my own behalf to let the matter aud Atlantic States. stand just as it is, and to let the President of the United States The settlement proposed here leaves all of the acts of Congress in and the commission fix the time. But a time has been agreed full force, leaves the chart-er in full force. and the obligations of upon on the suggestion of a Senator who is not a member of the the Central Pacific Railway Company entirely unaffected by this committee, which is that in ten annual payments, as I understand legislation; and in that respect the advantages of this settlement it, this 819,000,000 is to be paid. Well, that is a pretty drastic are immensely great-er than those of the settlement we have already movement, I know; we all know that even the greatest railroad made with the Union Pacific Railway Company. company in the United States would find much difficulty, out of Mr. President, I take it for granted that the canal through its earnings, or even out of its credit, in raising the sum of Nicaragua is going to be built, and built immediately. A bill is $59,000,000 in ten payments-very great difficulty. But that is pending here, now upon the Calendar, for the purpose of con­ neither here nor there. structing it; and while I may be entirely mistaken in my concep­ Mr. President, a question has arisen in my mind and in the tion of the wisdom of the provisions of the bill, whenever the minds of this committee, what disposal ought to be made of this Senate of the United States shall find itself in a position of suffi­ great fund in the Treasury of the United Stat-es arising from the cient quietude and patience to act upon the proposition, I do not sale of the Union and Central Pacific railways? That subsidy believe that 5 vores will be developed against the passage of the funu was created by taxation upon the people. It was created at bill-! do not mean precisely in its present shape, but after it has a time when Congress had the unquestioned right to pass the leg­ undergone critical investigation. I predicate that conviction upon islation of 186.2, 1863, and 1864, by which the credit of the Gov- the fact that the peJple of the Unired States have discovered that 1898 . . Q_Q_~GRESSIONAL · . ~ECORD--SENATE. · 6461

a waterway through Nicaragua is absolutely indispensable as a concession of Nicaragua and Costa Rica to the Maritime Canal matter of safety to the coasts of the United States as well as to Company? the commerce of the country. Mr. MORGAN. Mr. President- Then this fund, having performed this great service, which I Mr. HALE. The Senator from Alabama will allow me for a have called missionary work, in building this transcontinental moment. I wish it to be understood that my point of order is railroad, now that it is coming back to the Treasury of the United pending. I stated that if the matter was not debated I was will­ States, ought to be employed in giving to the people waterway ing that it should be put in by the unanimous consent of the Sen­ facilities for their travel and for their traffic, and in giving to the ate; but the course that matters have taken shows very clearly Navy of the United States the opportunity of forming a junction that what I stated was correct, and I shall insist, at the end of the between the fleets without passing 13,000 miles around the south­ Senator's remarks, on my point of order. ern point of South America. Mr. MORGAN. In reply to the question of the Senator from So I concluded that I would present that feature of the case, Louisiana, I will state that Nicaragua seems to be indifferent as and it has met with the entire acceptance of every Senator who to whether there is a conflict between the grant to our conces­ is concerned in the recommendation of this amendment to the sionaries and the grant to the Atlas Company. Senate. Mr. SPOONER. Is there a conflict? I am greatly gratified, Mr. President, at the success of the idea, Mr. MORGAN. ·I think there is a conflict, absolutely and un­ not because it is mine exclusively, for it is not mine. It has been questionably. That is my opinion. I am only stating my opinion in the minds of many men for a great while. But I am greatly There are some others, including the Atlas Company themselves. gratified to know that there is an almost universal consensus of who insist that their purpose is not to conflict, and that while they opinion that this fund, when it goes into the Treasury of the might have the opportunity of conflicting with the present con­ United States, and that part of it which is already in the Treas­ cession, they are counting upon the fact that the concession will ury, shall be made a charg~ ~pon the Trea~ury ~or the purpose of expire by limitation before anything is done. building the canal. That 1s 1ts proper, logical, JUst, and natural Now, that brings to view the peril of the situation~ and that is destination. why I have anxiously referred to this subject. There is this great Now. a word about the nature of that charge. It is a mere Atlas Company, composed of very important individuals both in declaration by law of the policy of the Government of the United England and the United States, gentlemen of eminence, gent.le­ States that this money ought to be applied and will be applied to I!len of personal worth and also of large capital in the city of New the construction of the canal, for the amendment as it is proposed York, representing it, and that company is nowworkingveryrap­ here now leaves it optional with Congress to make the application idly for the building of the railroad connection between Lake of the money from time to time as Congress may determine that Managua and Bluefields close to the Caribbean Sea. Obviously, the money ought to be applied for that purpose, and in the mean­ beyond question, both as matter of deduction and as matter of time it leaves the money liable to pass into the current expenses fact, the Atlas Company expects to receive into its hands the con­ of the Governmentwheneverthat is necessary, but to be returned cession we are about to give up by our delay; and when that time to this fund whenever Congress shall by law make appropriation comes around, there is no possibility of our escaping a controversy for the purpose of building the canal. with a great British company about the canal rights. Mr. President, if we could pass this amendment to-day, not only We have now got no rights as a Government except such as rest would the construction of the Nicaraguan Canal become an abso­ upon the doctrine of estoppel. More than that, we stand in an lute and indefeasible certainty, but we would settle many ques­ attitude toward Nicaragua, which she can maintain in the face of tions that are .looming up from time to time and that have sur­ the nations of the world, of rather an unpleasant character, whiqh rounded this subject and have harassed its friends now for ten or would forbid us from going back to the Frelinghuysen-Zavala fifteen years, all of which are important, all of which are danger­ treaty, if that was considered to be a valuable treaty, and demand­ ous; but they derive their importance and their danger from the ing or claiming of Nicaragua a renewal of that negotiation. That fact that the Congress ·of the United States withholds its hand and negotiation was made by ~fr. Frelinghuysen when he was Secre­ takes no positive action upon the subject. tary of State and by :Mr. Zavala when, I believe, he was in the If the amendment could be passed into a law to-day whereby same office for Nicaragua, or was President of Nicaragua. That the $125,000,000-for that is about the amount-could be made a treaty required us to pay Nicaragua 84,000,000 in money for the charge upon the Treasury of the United States, and the world saw­ canal rights and concession. It required us, as I remember the for the nations of the earth are looking upon us with anxious eyes figures, to pay Nicaragua for an indefinite period of time 13 per about this matter-that the Congress had come to a resolution to cent of the actual income of the canal, making for her an enor­ bnild the canal without entering into particulars as to the manner mous amount of money. in which it would do so, but leaving that open for future legisla­ That treaty was debated in the Senate, and inasmuch as the in­ tion, then we would have accomplished a result for our country junction of secrecy has been long since removed, I will give its which otherwise we may be very seriously disappointed about, status before the Senate at the time Mr. Cleveland was inaugu­ both as to the time of its realization and also as to the difficulties rated for his first term. A vote had been taken in the Senate with which it may be surrounded. which failed of 2 votes to reach two-thirds majority on the rati­ At the present time the Government of the United States has fication of the treaty. Mr. Edmunds, of Vermont, voted in the no official connection whatever with a canal going through Nica­ negative for the purpose of getting on proper ground upon which ragua except through concessions made to some of its citizens. to move a reconsideration, and he moved a reconsideration; and Wipe those out, and we have not a grain of sand even to stand that motion was pending at the time Mr. Cleveland came into upon for a foundation. We would then be left to the possibilities office. of diplomatic negotiations for the purpose of creating a status Mr. Bayard, who became his Secretary of State and was known quo upon which we could predicate any future action, legislative as having been selected for that high office, was then in the Sen­ or otherwise. All would be gone. All will be gone whenever ate, and Mr. Bayard opposed the ratification of the treaty upon the those concessions are broken down, if we are weak enough to per· ground that it was calculated to create an entangling alliance mit that to be done. They have not very long to run. In the between ourselves and Nicaragua and also, according to his opin­ meantime Nicaragua, consulting her own interests-! am not ion, that it came in conflict with the Clayton-Bul wer treaty. going to criticise her or blame her for her conduct at all-is mak­ When Mr. Cleveland came into office, he withdrew the treaty from ing preparation to form combinations with citizens of Great Brit- the Senate, and since that time has paid no further attention to ain to build the canal. . the subject. She has already, in contempt of the concessions to our own peo­ Now, Nicaragua having made that treaty, having ratified it on ple, given to the Atlas Company, a company chartered in London, her part, having presented it, and it having been rejected by a the right of the exclusive navigation of the San Juan River, the vote of the Senate and then withdrawn by the President of the exclusive navigation of Lake Nicaragua, the exclusive navigatioJl. United States and put into a state of "innocuous desuetude," as a of Lake Managua, and has sold to this company the railroad reach­ matter of course Nicaragua can not be called upon to treat even ing from the city of Managua to Corinto, with authority also to on that subject with any degree of assurance on our part that she build another railway across from Lake Managua to Bluefields or would accept such negotiation. But who is there in the United the river, the head of navigation just above Bluefields, a short States who, after our citizens have spent nearly $5,000,000 in con­ route through a very fertile country and a route of immense im­ structing a canal there under a concession, is now willing to portance because of the low cost at which it can be built and the throw that away, deprive them of any opportunity of recoupment short line between the Caribbean Sea and the Pacific Ocean at at all, and then pay Nicaragua $4,000,000 in money for another the harbor of C01·into. concession, and that to be accompanied by a provision that 13 per Mr. CAFFERY. Will the Senator from Alabama permit me to cent of the income of the canal is to be devoted to Nicaragua so ask him a question? I desire to know of the Senator whether the long as the canal lasts, if I have the figures right, and I think I concession of Nicaragua to the British company, giving it the ex­ have? clusive navigation of the San Juan, as he has stated, and the exclu­ I refer to that now to show the improbability and the impossi­ siv~ navigation of L~ke Nicaragua, in ~ny wise conflicts with t~e bility of that negotiation. The concessions to our citizens expire 6462 CONGRESSIONAL RECORD-SENATE. JUNE 29, on the 9th day of October, 1899-tbat is to say, on their face they because she had reserved that in her concession, and $1,500,000 expil·e then-but there is not a court of justice in the world which waB to be given to Costa Rica because she had reserved that in would hold that Nicaragua had the right to enforce the forfeiture her concession. That is $7,500,000. Then the bill reported to the at that time. I need not go into the reasons of it. I state that Fifty-fourth Congress provided for the payment of a sum of money proposition, and if I am questioned about it at any time when it or the issue of bonds, amounting to a sum not exceeding $4,000.· is proper to debate it, I m11 be able to show that there is not a 000, to pay for the work which had been done upon the canal, and court of justice in the world that would declare the forfeiture of another sum of 86,000,000, I think, in that bill to enable this com­ that concession on the 9th day of October, 1899, under the circum- pany to Clear off certain issues of stock which it had made, and stances of the conduct of Nicaragua and Costa Rica in respect of scrip for stock, and obligations which it was under to the con­ this concession during its pendency. But I pass from that ques- struction company for building the canal. They agreed to take tion, not desiring to discuss it. that as .a condition of the bill becoming operative. Feeling the weight of the pressure of this situation, 1\Ir. Presi- In the present bill the stock of the canal company is limited to dent I addressed a letter to the Secretary of State to know 8100,000,000. The power to issue bonds is limited to $100,000,000, whether or not the Government of the United States expected to and they are forbidden to issue any other bonds or to make any enter into any negotiations with Nicaragua in regard to the canal. other obligations as security for any person or corporation what. The answer came promptly and definitely, ''No!" While citizens ever. Seventy million dollars of the stock is to be given to the of the United States have concessions that are unexpired, we can United States in consideration of its guaranty of 8100,000,000 of not negotiate with Nicaragua to change the situation without bonds, 86,000,000 is to be given to Nicaragua to fulfill the conces­ doing them injustice. Therefore we have no such expectation. sian, and a million and a half to Costa Rica to fulfill the con­ Therefore the earliest period at which it is possible to take any cession, and 85,000,000 of bonds of the company is to be issued to diplomatic action upon this subject is October, 1899, conceding the present Maritime Canal Company, which this bill provides that Nicaragua then might have the right to declare a forfeiture shall be reorganized-- of these charters. We see, therefore, Mr. President, that unless Mr. CAFFERY. Are those bonds to be indorsed by the United some action is taken upon the basis of the concessions to our citi- States? zens, in some dn·ection 01·other, it is impossible that we can even Mr. MORGAN. They are to be indorsed by the United States start upon the project of building the canal before October, 1899. and be in full payment of all of the rights of that company of I wanted to make this statement plain to the Senate, that the every kind, character, and description, and remain in the Treas­ people of the United States might exactly understand what we ury of the United States until the outstanding obligations, scrip, are doing with their very valuable and important interest in this stock, and everything of that kind are brought in and canceled. regard. Here is the Senate so fatigued with the heat of the sum- That leaves $23,000,000 of stock of this company in the treasury of mer and long se sions that there is not any probability, I think, the company for working capital. It adds only 81,000,000 to the of the consideration at this session of the canal bill which has 64,000,000 that were proposed in all the preceding bills to pay these been reported by the select committee upon that subject, and I men for the actual expenditure of money they have made, and in­ felt it was my duty at all events to bring this matter to the atten- stead of giving them 86,000,000 for the purpose of clearing up the tion of the American people. I want them to know that I am not outstanding incumbrances, and everything of that sort, they are resoonsible, being chairman of the select committee, for any delay paid simply with 85,000,000. wh-atever in respect to this matter. I will accept none of the Whether they can get through with that sum or not I do not criminality of delay. Surely I will not make my personal con- know, but this bill is not predicated upon their consent. It is a venience or comfort the paltry reason for such delinquency. savage bill· it is a harsh bill; but is one that seems to be made nec- I will not undertake to discuss particularly the bill which has essary by the condition of affairs that exists, and these men will been reported here, but I will say that all the objections I have bow their heads to the knife with as much sincere patriotism as beard of any material character against the bills-I refer to the any set of men who have ever lived in this country. rrhe bill takes bills which have been heretofore reported here, one of them passed from them 56,000,000 in stock or other ·securities reserved to them through this body by 11 majority-have been removed by the in the concessions. character of the present bill. I merely state that to show that on Mr. HARRIS. I suggest to the Senator from Alabama that he the part of the committee which I have the honor to represent describe the organization, the board of directors. on this floor as its chairman we have resorted to every possible Mr. MORGAN. The bill now on the Calendar creates a rear­ diligence in order to bring this subject up fully and fairly to the ganization of the company. Who are the stockholders? Seventy consideration of the country, and particularly of Congress, so that millions of the stock is in the hands of the United States Govern­ we might be safe at the earliest possible moment from that dis- ment, six millions is in the hands of Nicaragua, and a million and tressful situation which but recently has excited the· fears and a half in the hands of Costa Rica, and the three Republics are the apprehensions of every American citizen, even for the loss of the stockholders. The other 823,000,000 of stock is left in the treaBury great battle ship Oregon. of the company. Corresponding with that, the board of directors Mr. BACON. Will the Senator permit me? Will he state is reduced and fixed at eleven in number. Of this number, Nica­ briefly, not in detail, in what particular the bill which has been ragua has one, Costa Rica has one, and the United States has reported by his committee differs from the bill which was before nine. 'fhey are to be appointed by the President of the United the Senate at the last session? States, by and with the advice and .consent of the Senate. I could Mr. MORGAN. The Senate passed a bill and the House de- go on with other various details, but I am speaking now of the clined to act upon it, although there was a strong majority in the difference between the two bills, and only of that. House for it. Everybody knew that. Theysignedastatementof Now, it will be seen that almost every objection conceivable or a majority to show it. At the next session-Fifty-fourth Con- that has ever been urged is cleared up by this bill except one, and grass-another bill was reported in the House, and the identical that is the objection that the United States ought to be the sov· House bill was reported her~ from this c_ommittee to.the Senate, ..~reign owner of th.e canal. and

1898. \CONGRESSIONAL RECORD-SENATE.~ 6463

There is the situation which we have been attempting to pro­ American control. What will that mean, sir, but the abandon­ vide for in this bill which is before the Congress, and if I was ment of a vital policy? standing on this floor for the last minute of my life, making my When the Senate of the United States was informed that the last appeal to the Senate of the United States, it would be: "Gen­ Government of France was about to inaugurate a lottery to build tlemen, stay here for a few days until the Congress of the United the Panama Canal, after it had gone to wreck and ruin and insol­ States can pass a bill, with such amendments as you think ought vency, the Committee on Foreign Relations reported a resolution to be put upon it, believing as I do that it is.the most essential here which passed, I think, without a dissenting voice, that the measure that is now in view for the welfare of the -people of the Government of the United States could not look with any tolera­ United States, and absolutely indispensable, as has been recently tion-! do not quote the language, but that is the idea-upon the demonstrated, for the defense of our coast." intervention of any foreign government by any means whatever Mr. President, I think I have presented in a tolerably clear way­ to build a canal across the Isthmus of Darien. That resolution not as fnlly as I probably would like to do if I had the opportu­ passed this body unanimously, as I remember it. It was drawn nity to do so without giving any unnecessary detention to the by Mr. Edmunds, of Ve11nont, and was discussed here for some Senate-a situation here that ought to be provided against imme­ considerable time. That was _in anticipation of what would take diately. I think the amendment which I offered to the bill, in­ place if the Government of France should undertake to aid the cluding thefe.aturein regard to the Nicaraguan Canal, would settle Panama Canal, after it had broken down in the hands of its pro· almost every question that rests in the mind of any people for­ jectors, by merely organizing under the laws of France a lottery eign to the United States in respect of our determination to go on to raise the money t-o complete the canal. There is our attitude. and build the canal. It is immensely important right now that We can not depart from it. the Government of the United States shall indicate in some way But, Mr. President, this is not a mere matter of sentiment. It its positive detel'mination to go on and construct the canal. We has become one of the most real and important of all the questions can not give up this canal, Mr. President, without releasing such that ever concerned the people of the United States. The idea an amount of the just power of the United States commercially that our coast lines on the East and West should be divided by and in a military sense as to weaken us almost incalculably. 13,000 miles, when by digging this canal they would become prac­ But, sir, I find myself opposed by questions of order and by tically continuous through that canal, it being a neutral ca11al, is objections of a single Senator, so that my bands are tied upon this something that the people of the United States at last have seen occasion and I can not move in any direction at all. I regret ex­ in such a practical way that there is no longer evading on the part ceedingly that no expression of opinion can be obtained from the of Congress of solemn and imperative duty to act upon this sub- Senate of the United States by a vote to-day upon this proposition, ject as soon as may be. .. for if I could get any expression of opinion in favor of the propo­ Now, Bir, with the consent of my friends on the committee, if sition of creating this as a fund in the Treasury, not a fund desig­ there is no objection made to it, I will separate this proposition. natecl by earmarks, but a charge upon the Treasury subject to Mr. WILSON. I hope that will not be done. future appropriation, so that the money arising from the sale of Mr. MORGAN. The Senator hopes it will not be done. Hm·e ihe transcontinental railroads may be applied to opening a water­ is a member of the Nicaraguan Canal Committee who objects to way for the relief of the people of the Pacific slope and of all the it. Let it go as I have presented it. The Senator is right. Still interior country by competitive lines of tl'ansportation, I would I will vote for either proposition. It will rest with some other feel that very much had been accomplished; that, in fact, the Senator to a-sk a division of the question. whole business had been put upon such a foundation as that' it 1\ir. WILSON. If I may be permitted to interrupt the Sen­ would be absolute heJ:eafter and indubitable. Bnt, sir, I can not ator-.- help myself. Mr. MORGAN. Certainly. I did not suppose tha.t disconnected from the canal proposition Mr. WILSON. It seems to me that the construction of the I could be induced to vote for the settlement proposed of the debt canal !s of vital_ importance not only to the Pacific coast, but to the of the Central Pacific Railroad. I have had as much to do with entire country. There is an almost unanimous opinion throughout the investigation of that question as any gentleman on this floor, the country in favor of its construction, and the committee has and I have done it with an honest conscience and without the arrived at a settlement of the entire matter. I think I can say slightest bias in any direction, for, as I have often observed, the that much: State of Alabama stands in such relation to all the transconti­ Mr. MORGAN. Yes. nentali·ailways as that we are absolutely impartial in respect of Mr. WILSON. The committee has entirely settled this matter, the success of any of them or the defeat of any of then· purposes. and if it can be settled in this way by the Senate it is of the ut­ But, sir, here is a question of settling up the Central Pacific most importance that it should be acted upon. RaHway debt on the basis of the settlement of the Union Paciiic Mr. MORGAN. Now, the Senator from Washington sees the Railway debt, and that is a very important matter for the peace situation. It is that a single objection prevents the consideration and welfare of this country. If we settle with the Central Pacific of this amendment unless the Senate chooses to vote the amend- Railway on that basis, we still hold to the charter powers that ment on the bill bv a vote that it is in order. · exist now. in the statute, and that railway line is subject to our Mr. WILSON. ·It is more important, I may say, in my judg­ ~uthority just as it has been all the time. It is not so with t.he ment, to our people that we should construct the canal than that Unian Pacific. That has slipped out of reach, or it is supposed to we should settle with the Central Pacific Railroad. have done so. Mr. MORGAN. I think it really would be far more important. In view of the great precedent to which I referred in my open­ At the same time, Mr. President, we can not have our own way ing remarks as to the basis of settlement by receiving back the about matters of this kind. I thought it was possible that the ob· principal money and the interest we have actually paid out, I jectiQn to the consideration of the amendment voted by the com­ now announce my intention, if that will rep1.ove the objection to mittee would not be made if I should ask to separate the two the consideration of this amendment, to vote first for the amend­ propositions. ment proposed by the committee, without reference to the Nica­ Mr. H~LE. _ Mr. President, it is not suitable and proper that raguan Canal, and in doing so I will trust to the Senat~ ~f the the conSideration of the deficiency appropriation bill, which is the United States to come up to the help of the country by givmg to -great war appropriation bill of the session, covering m01·e than this canal such assistance as is indispensably necessat·y to its con­ S220,000,000, some of which is immediately needed for the war struction and also to itB being withheld from the control of for­ should be prolonged by any.outside matter. If the Senator fro~ eign powers. Alabama can submit a proposition here that.. will receive unani· Has any Senator ever contemplated for a moment what the agi­ mons consent and not give rise to any further debate, I shall not tation would be in the United States if it was announced that a make the point of orde1·; but if debate is to proceed, in the inter­ corporation of some foreign government like the great Atlas Com­ ests o~ t~-e great war ~ppropriation bill which I have in charge I pany had become the successor to the concessions that now exists must InSlSt on the pomt of order and ask the Chair to rule upon in fa,-or of the Maritime Canal Company of Nicaragua under our it as soon as the Senator is through. Otherwise we would go on laws? What would be the state of exasperation in the Senate of and be here day after day upon the bill. the U n.ited States, and in the country at large, upon the announce­ Mr MORGAN. Then, Mr. President, I will submit the propo· ment of a statement like that? Mr. President, we have not en­ sition separately, just as it was reported by the committee origi­ countered a question in a long time that would produce the same nally. commotion, agitation, and anxiety in the country that such an The VICE-PRESIDENT. The Chair understands the situation announcement would make. to be that the Senator from Alabama withdraws his amendment My opinion is (and my opinion is based upon a careful consid­ and offers on behalf of the committee the amendment which is in eration of the facts as they exist, which can not be concealed) that print, to be submitted to the unanimous consent of the Senate. the moment we turn our backs upon this proposition, in that mo­ Mr. HALE. I do not withdraw the. point of order. ment we hesitate and refuse to announce our determination, so often The VICE-PRESIDENT. The Chair so understands. expressed by Presidents and Secretaries of State and political con­ Mr. HAL.E. I simply withhold it, and if the amendment as ventions, as my friend from Kansas [Mr. HARRIS] suggests, that now proposed is to be complicated with other amendments and the canal shall be built and shall be an American canal under other discussion, I shall ask the Chair to rnle upon it, because the

, 6464 CONGRESSIONAL RECORD-SENATE. JUNE 29, point of order is plain, in order that debate and delay may be The amendments were ordered to be engrossed and the bill to be stopped. read a third time. Mr. TELLER. If the Senator who has the bill in charge is not Mr. WILSON. At the earnest solicitation of the Senator from willing to make the point of order, I certainly will. We can not Nevada- legislate on this great question on the pending bill in the last Mr. HALE. I can not consent that the bill shall now be em­ hours of the session. barrassed, and I hope there will be no debate. Mr. HALE. Then I ask the ruling of the Chair on the point of Mr. STEWART. There will be no debate. order. Mr. HALE. I can not consent. Other Senators have notified The VICE-PRESIDENT. The point of order fs sustained. me that the point of order will be renewed. Mr. HALE. Now. I hope the bill will be reported to the Senate. Mr. WILSON. I understand I have the floor. I was recog­ The VIC.E-PRESIDENT. Are there further amendmeu ts to the nized by the Chair, and I want to make my statement with the bill as in Committee of the Whole? permission again of the Senator from Maine. Mr. PASCO. Mr. President-- Mr. HALE. I do not object to the Senator, but I c.an not­ Mr. TELLER. Perhaps I did not understand what the last Mr. WILSON. The Senator can not object. He has it not in amendment was. I understood that it was the Nicaraguan Canal his power to object until I make the statement. proposition. The VICE-PRESIDENT. The Senator from Washington is in The VICE-PRESIDENT. That was withdrawn. order. Mr. TELLER. And this is the amendment from the Commit- Mr. WILSON. I will make the statement, and then the Sen­ tee on Pacific Railroads? ator can object to what I state or make a point of order after I The VICE-PRESIDENT. It is. have made the statement. Mr. TELLER. I withdraw my objection. Mr. HALE. I could cut the Senator off if I wanted, but I do Mr. WILSON. If we are forced to withdraw a portion of the not wish to do so. · amendment which I think is of vital importance to my State and Mr. WILSON. I will leave that to the Chair. I addressed the to our section and to the whole country, which has been demon­ Chair and the Chair recognized the Senator from Washington. strated since the present war commenced, and if that portion of The Senator from 1\Iaine states that he can cut me off if be wants, the amendment can not stay in, I shall have to make the poii:~t but I doubt his power in that respect. of order against the balance. The VICE-PRESIDENT. The Chair informs the Senator from Mr. HALE. The Chair has already ruled on the point of order. Waspington that he is in order, and he will proceed. So let the consideration of the bill be proceeded with. Mr. HALE (to Mr. WILSON). Go on. Mr. TELLER. I made the objection under the supposition that Mr. WILSON. Again I .bave the permission of the Senator it was the Nicaraguan question. from Maine, Mr. President. Mr. HALE. The Senator from Washington objects on the other At the solicitation of the Senator from Nevada fMr. STEWART] and also the Senator from Iowa [Mr. GEAR], and with the con­ ground. . Th · · · f · t · t "tal Mr. WILSON. at proposition 1s o 1mpor ance-JUS as VI sent of the Senator from Alabama [Mr. MoRGANl, I withdraw to us as the other. my point of order on the amendment. I trust that ! am in order. The VICE-PRESIDENT. TheSenatorfrom Floridawasrecog- I will again ask the Senator from Maine if I am now in order. ndzed. . Mr. HALE. The Senator has my entire good will and permis­ Mr. PASCO. I submit an amendment to the bill. sion to go on or to stop, as he chooses. The VICE-PRESIDENT. The amendment will be stated. Mr. WILSON. I made the statement as requested bythosegen­ The SECRETARY. On page 7, after line 8, insert the following: tlemen, with the consent of the Senator from Maine. · For the payment in full of J obn D. Sands, a watchman emnloyed in the Mr. GEAR. I ask unanimous consent to offer the amendment. public building at Key West, Fla., for the fiscal year 1 94:, $193.91, or so much I will say that if it gives rise to three minutes' debate I will with­ thereof as may be necessary. draw it. :Mr. HALE. There is no objection to that amendment. Mr. HALE. 'If one word of debate is made upon that or any The amendment was agreed to. amendment, I shall insist on the point of order. Mr. PASCO. I wish to put in the RECORD in connection with The VICE-PRESIDENT. The Senator from Iowa will offer his the amendment two letters from the Treasury Department. amendment. · Mr. HALE. There is no need to put in the letters. Mr. GEAR. I will state that the Senator from California [Mr. The VICE-PRESIDENT. The letters will be printed in the WHITE] has an amendment which he wants to make limiting the RECORD, if there be no objection. The Chair hears none. time, which we accept and will be glad to have adopted. The letters referred to are as follows: The VICE-PRESIDENT. The amendment proposed by the TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, Senator from Iowa [Mr. GEAR] will be stated. Washington, D. 0., Mm·ch ~s . 1898. The SECRETARY. On page 18, after line 21, insert: Srn: Referring to your letter of the 19th instant, in reference to a claim in favor of John D. Sands, for service as watchman at the custom-house, Key SETTLEMENT WITH THE CENTRAL PACIFIC AND WESTERN PACIFIC RAIL­ West Fla., from July 1 to October 2, 189!, I have the honor to inclose here­ ROADS. with~ copy of a letter written April25,1896, br, this Department to the chair­ That the Secretary of the Treasury, the Secretary of the Interior, and the man of the Committee on Appropriations, Umted States Senate, in regard to Attorney-General, and their successors in office, be, and they are hereby, ap­ said claim. pointed a commission with full power to settle t.he indebtedness to the Gov­ Respectfully, yours, L.J.GAGE, ernment growing out of the issue of bonds in aid of the construction of the Secreta1'1J. Central Pacific and Western Pacific bond-aided railroads, upon such terms Hon. S. PAsco, and in such manner as may be a~eed upon by them, or by a majority ot them, and the owners of said railroads: P1·01Jided, That any and all settle­ United States Senate, Washington, D. 0. ments thus made shall be submitted in writing to the President for his ap- proval or disapproval, and unless approved by him shall not be binding. TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, That said commission shall not agree to accept a less sum in settlement o! Washington, D. o., ApriLZ5, 1896. the amount due the United States than the full amount of the principal and SIR ·. The Department IS. m' receipt of your letter dated April21, 1896, in· saidunpaid commission interest due are at hereby the time empowered of said settlement: to grant such And time al-so or provided, times of Thatpay­ closing a copy of amendment ~nt~nded to be pro:po!3ed by Mr. Call to the ment by installment, and at such rates of interest, to be not less than 3 per bill (H. R. 7664) making appropnatlons for sundry ctvil expenses of the Gov- cent per annum, payable semiannually, and with such security as to said ernment for the fiscal year ending June 30,1897, and for other purposes, for commission may seem expedient. the payment of John D. Sands, a watchman employed at Key West, Fla., on That there is hereby-appropriated, out of any money in the Treasury not the public building, $250, or so mu ch thereof as may be necessary, and re- otherwise a~propriated, the sum of $20,000 to defray the expenses of said 11uesting to have the views of this Department upon the matter. commission m making the said settlement. In reply I have the honor to state that the records of this office show that ;rohn D. Sands was transferred from tho custom.~ service to the custodian's The VICE-PRESIDENT. Is there objection to the considera­ force, custom-house building, Key West. Fla., on April 25, 189!, as a watch- tion of the amendment, and that the amendment maybe included man, with compensation at the rate of 8720 per annum. h bill? Owing to the insufficiency of the appropriation to which Mr. Sands's sal- in t e ary would ha;-e been char~reable during the fi cal year 1895, his term of serv- Mr. PERKINS. My colleague [Mr. WHITE] has prepared two ice was limiteQ. by the Department to June 30.1894, notwithstanding which, amendments. He has them in his desk. They were submitted to ~~~61rM~~e~~~~~~ao~~b~~ ~snr responsibility, continued the employ- myself and others and we have approved of them. I am not pre- There is no question that the services of a watchman at the building were pared to offer the amendments in the form he has them. essential, and the custodian of the custom-house has from time to time, cer- Mr. GEAR. I will state the amendment. tifted to the Departmcmt that .Mr. Eands actually performed the duties of the 1\Ir. WHITE entered the Chamber. position. Should the services of Mr. Sands have been authorized by the Department Mr. PERKINS. My colleague is now here. there would be due him f1·om JnJ!.1 to October 2,1 9!, for salary at the rate Mr. GE.AR. The Senator from California will offer his amend- of $720 per annum, the sum of S1 -91. ment to the amendment in regard to the settlement with the Cen- Respectfully, yours, S. WIKE, p i.fi d th W t p 'fi il" d Acting SecretaT'IJ. tra1 ac c an e e.s ern aCI c ra roa s. Ron. w. B. ALLrsox, I Mr. HALE. 1 withhold my objection until I see whether the Chainnan Oou~mittee on, Appropriations, United States Senate. amendme-nt gives rise to any debate. The bill was reported to the Senate as amended, and the amend- The VICE-PRESIDENT. The Chair so understands. ments were concurred in. Mr. WHITE. I will try and be quite brief. 1898. CONGRESSIONAL RECORD-· SENATE. 6465

Mr. HALE. I have said to other Senators that if it gives rise the efficiency of the Quartermaster's Department of the Army, to any debate I shall object. and requesting a conference with the Senate thereon. Mr. STEWART. The amendment has been offered by the Sen- Mr. COCKRELL. lmovethattheSenatedisagreetotheamend­ ator from Iowa [Mr. GEAR]. ments of the House of Representatives and accede to the request Mr. WHITE. I do not think anybody will question what I say, for a conference. and therefore it will not be debate. In line 5, page 2 of the amend­ The motion was agreed to. ment, I move to strike out the word "unpaid" before the word By unanimous consent, the Vice-President was authorized to "interest." appoint the conferees on thepartof the Senate; and Mr. HAWLEY, The VICE-PRESIDENT. Is there objection? The Chair hears Mr. CARTER, and Mr. COCKRELL were appointed, _ none· and the amendment to the amendment is agreed to. . SUBSISTE.XCE DEPARTMENT, UNITED STATES ARMY. Mr' WHITE Also in the same line and in the next lme I mov~ to strike ~ut the ~ords ''due at the time of said settlement" The VICE-PRESIDENT laid before the Senate the amendment and insert in lieu of the words stricken out the words ''and 3:ll of the House of Representatives to the bill (S. 4810) to increase amounts necessary to reimburse the United States for moneys paid the efficiency of the Subsistence Departmentof the Army, andre· for interest or otherwise." questing a conference with the Senate thereon. The VICE-PRESIDENT. The question is on the amendment Mr. COCKRELL. I move that the Senate disagree to the to the amendment. amendment of the House of Representatives and accede to there­ Mr. GEAR. I accept that amendment to the amendment. quest for a conference. The amendment to the amendment was agreed to. The motion was agreed to. Mr. WHITE. On line 11, page 2, I move to insert what I send By unanimous consent, the Vice-President was authorized to to the desk. appoint the conferees on the part of the Senate; and Mr. HAw­ The SECRETARY. At the end of line 11, page 2, insert the fol- LEY, Mr.. CARTER, and Mr. COCKRELL were appointed. lowing proviso: HOUSE BILLS REFERRED. Provided however That in any settlement that may be made the final pay­ m~nt and fun disch~rge of said indebtedness shall not be postponed toe~­ The following bills were severally read twice by their titles, and ceed ten years, and the whole amou~t,_principal !lnd in~rt::st, shall ~e paid referred to the Committee on Military Affairs: in equal semiannual installments mthin the perwd so limited, and J? any settlement made it shall be provided that if default shall be made m any A bill (H. R. 10424) to provide for a temporary increase in the payment of either principal t, shall immediately be­ without reading, unless specially demanded. come due and payable, notwithstanding any other stipulation of said settle- The PRESIDING OFFICER (Mr. GALLINGER in the chan·). ment. ~ Is there any objection to the request made by the Senator from The VICE-PRESIDENT. The question is on agreeing to the Louisiana? The Chair hears none. amendment as modified. Mr. CAFFERY. From this memorandum of Smith, Castle, The amendment as modified was agreed to. Cooper, and others, written down at the time of the occurrences The bill was read the third time. which it narrates by one of the participants in the revolution, it Mr. WHITE. Mr. President, I desire simply to say with refer­ appears that the committee of thirteen was a self-constituted body, ence to the amendment just adopted at my suggestion, and which and met at the office of Mr. Smith on 15th of January, 1893. · is now in this bill, that while I do not approve of any deferring of It was admitted by and among them that they had neither arms payment 'at all, I have deemed it best to perfect the amendment, nor organization, and that the Queen had all the force and organ- or to get it as near perfect as practicable, and with that view have ization there was on the island. · proposed the amendment which has been accepted. The first thing discussed was the question of a protectorate by Mr. BACON. I desire to ask the Senator from California a the United States through the military forces on the Boston, and question, for all the explanation we have had on this matter has the next was to send a committee to Minister Stevens to find out necessarily been limited to one reading of ib. I desire to know what aid he could render. Without waiting for his colleagues on whether, under the provisions of this amendment which has been the committee, Mr. Thm·ston immediately waited on Minister Ste­ adopted, the parties who are charged with the responsibility and vens, informed him of the revolutionary plans, and desired to power of this settlement will be authorized to take anything less know what he could do. Mr. Stevens told him that whatever than the amount of the principal and interest? government was established and was in possession of the govern­ Mr. SPOONER. No. ment building, executive departments, and archives, "and in pos­ Mr. BACON. I ask for information, as I could not judge from session of the city, that was a de facto government, proclaiming the reading. itself as a government, would necessarily have to be recognized." Mr. .WHITE. I desire to say to the Senator from Georgia that I desire to offer the testimony of Judge H. A. Widemann, de­ as the amendment is now amended it provides for the payment of tailing the circumstances of the Queen's surrender and the quiet the full amount, and another amendment, which was adopted by of the city of Honolulu at the time of the surrender, to be found the Senate at my suggestion, limits the final payment to ten years, on page 535, Executive Document No. 47, Fifty-third Congress, and a default as to any payment of principal or interest will make second session, House of Representatives. the whole due and payable forthwith. The testimony referred t.o is as follows: The VICE-PRESIDENT. The question is, Shall the bill pass? Inte1·view with Judge H. A. Widemann, Honolt~lu, May 20, 1893. The bill was passed. Mr. BLOUNT. Judge, where were you born? QUARTERMASTER'S' DEPARTMENT, UNITED 'sTATES ARMY. A. Hanover, Germany. Q. How long have you lived here? The VICE-PRESIDENT laid before the Senate the amendments A. Forti-seven years. · of the Honse of Representatives to the bill (S. 4809) to increase Q. Wba ofticeshave you he~d in that time? XXXI- 405 6466 CONGRESSIONAL RECORD-SENATE. JUNE 29,

A. I have held every office this country can give. Sheriff of the island of A. Yes; on F riday. Kanai in 185!; circuit JUdge there in 1863, and deputy governor of that island Q. What was the causa of all this tuming out of cabinets? at the same time. I held, also, a great many smaller offices from 1854: to 1865- A. The great desire on the part of a great number of the members of the tax collector, school inspector, road supervisor ; chief clerk of the interior house to get into the cabinet themselves. office in 1865: associate JUStice of the supreme court in 1869; minister of the 9· The hope of getting into the cabinet made these combination!: possible interior in 1874:. During those years I have been privy councilor, member of anu successful? the board of health, and member of the board of education. I was a noble A.. Yes. from 1881 to 1887i appointed by the King. I was elected noble in 1887 to 1892. Q. Who were the members who wanted to be ministers? February, 1892, was taken ill and Mott Smith took my place, and when ho A. John Ena., E. C. Macfarlane, A . P . .Peterson, J. A. Cummins, J . N. S. went to Washington I got well and took the place back. That brings us up W:!Iliams, Paul Neumann, J. Marsden, Alex. Young, W. H. Cornwell. W. C. to dato. Wilder, C. W. Ashford, R. W. Wilcox, J. E. Bush, J. Nawahi, William White, Q. On January 17,1893, it i

with their adherents, and their rule is becoming daily more odious to the na­ Q. Did. yon decline it? tives, who are not even granted the shadow of a representation in their A. I did. councils. The Hawaiians generally are being dismissed from public service Q. I see in the correspondence- between the American minister at this' to make room for hungry foreigners, adherents of the provisional govern­ point and the State Department the allegation that Mr. Wilson is the para­ ment; andl as if to incite a revolt, the native feelings have been purposely Iflour of the Queen. What knowledge have you of the relations between aggravatea by the desecration of the royal nalace, and by numerous other these parties-? instances of petty despotism, which can not fail to be galling to the real citi­ A. Queen Lilinokalani, before she was Queen, was in the hs.bit of provid­ zens of this country. In their administration they are exceed,in.,. all the ing for a number of Hawaiian girls, in some cases ed:u.cating them at her own possible rights of a J?rovisional government in repealing statutes male by the expense, bringing them into society, and teaching them manners, dancing, lawful representative legislature, and enacting an interminable string of and all that sort of business, and providing them with suitable husbands. new l:::.ws, some of which are simply useless or childish, thou~h vexatious, Miss Townsend, the present wife of Wilson. is one of her beneficiaries. and others really obnoxious. In their financiaJ policy the provislonal gove:rn­ her marriaae with Wilson was brought about in the same way. Mrs. WJ.lson ment compromise the future to meet the present extravagant wants, hopmg was Emmefiile 'fownsend. She was a. particular P.ersonal friend of Liliuo­ that "' Uncle Sam will. pay the bills." kalani, always attended her, acted as a sort of ma1d of honor, and that rela­ All public works and improvements are virtually at a standstill, whilst tion has existed right up to the present time. they are squandering the public funds in the maintenance of.a mercenary Wilson in that way became the intimate acquaintance and friend of Lili­ soldiery, recruited from rnnawaysailors, escaped criminals from other conn­ uokalaui, and he also was the personal friend of Dominis. Wilson was fond tries, or other bad characters from the slums of San Francisco, who are ex­ of horse racing and fond of shooting and rowing-and the old. governor was travagantly paid and live luxuriously at the expense of the honest taxpayer~ a great sportsman. He was fond of boats; he had the best boats. He tried And the money thus wasted could be used to much better advantage at the . to have the best horses; prided himself on the best guns. Wilson was an ad­ present time by furnishing useful work to the deserving and suffering labor­ mirer of all that sort of thing, and they naturally dl'ifted together in that rng classes. way. ·That was J2rior to Liliuokalani being Queen. After she became Queen, All these and other substantial grounds for the general discontent make it Dominis was in ill health, and the revolution of 1887 had taken place; the an incontrovertible fact tha't the provisional government are incapable of Wilcox riot had takenpiace, and the woman was in constant dread of some­ maintaining themselves in power except through the help and propping up thing of the kind, and Wilson, being near to her person,. and a reliable friend of the United States Government. Left to their own resources they would of hers. and a man of known courage, it was the most natural thing in the not be saved, even by their large force of alien mercenaries, who are their world that she would want him to be marshal. She insisted upon it. only supporters, but who remain so prudently, cautiou~~~_intrenched in the Loper at that time was marshal. Loper, as well as most cf us, had taken royal palace, trembling every night for fear of some atUJ.CK, the idea. even of a hand in the affair of 1887. She wanted things in shape that she could feel which has never yet been entertained by the royalists. she had control of things. The station house was an arsenaL They kept But the obvious and utter wealiness and unpopularity of our self-assumed arms there, and ordnancej cannon, Gatling gnn_s, etc., had been removed in administration have thrown a general veil of uncertainty and uneasiness on 1&!7 down there and placed under the charge or Marshal Loper, who was in the whole country, whereby all transactions are paralyzed and the value of sympathy and connection with the 1887 party. So when she came in power real e tate reduced to naught, even the government bonds\ ~hich have al­ it was one of the first demands she made, that some of her friends should be ways been above par, having lost nearly 10 per cent. E~ery Kind of busineSB placed. in charge of that institution. I was postmaster then, and one of the has become seriously depressed, the work:in.g classes are su1Iering for want · demands made was that I should be removed, and I was removed onaccount of work, and the wheels of progress and inaustry are stopped, threatening of my afilliation with the 1887 party. stagnation and disaster, whereby all classes are becoming unpa.tie~ then~ Q. The change from Loper to Wilson gave o1Iense to the other side-the tives chafing under the insults of the provisional government and beginning Reform party? to talk of revolt, and the foreign element of our league beginning to press for A. There was a little interregnum in which another man named Hopkins relief.from a. situation which has evoked many bitter enmities. was put in temporary charge before Wilson formally took office, but prac­ To render the matter still more serious the time is waxing near when the. tica.lly Wilson followed Loper. This little administration of Hopkins did not taxes are becoming due, and there is a general disposition to refuse to P,flY amount to anything. any m~ney to the pres.ent Government until things are settled by the Umted States' decision. Of course a general refusal of taxes would precipitate seri­ Q. Wilson going in there gave o1Iense to the Reform party? · ous complications; but, as the situation is now, already it is only through the A. No; nothing seemed to be said about it. After they began to find greatest vilrilance that the patriotic league manages to repress the feelings things were going against them, :md the results of the elections of 1890-the of its memoers. And if the present condition continues a while longer, the National Reform party swept the field-then they _began their old ~ames of result may be an outbUl'st that the patriotic leagne, hitherto the leading in­ attacking through the press. They attacked everybody and everything..:..not fluence of the country, will be unable to preyent,and lives and property may only Wilson, but everybody. If a chicken thief was caught, Wilson was held be jeopardized. up for ridicule. For every drunk, robbery, etc., Wilson was blamed. They Truly, therefore, may it be said that the situation is grow~ intolerable attacked him broadcast through the press. and delay unbearable; and there will be, there can be, no relief until the Q. Any e1Iorts made to impeach hiin? United States Government has determined our future, and thereby a per­ A. r do not think so; not to my knowledge. manent legal government has been put in power here. Q. Where was he born? Under the circumstances, which the public press openly and justly qna.li­ A. Wilson is the son of the English consul at Tahiti, by a Tahitian chieftess. fies as "disastrous and deplorable,'' we, the undersigned, are moved., in an­ Q. Did he come here as a boy? swer to our league's wish, to take the liberty of addressing your excellency, A. Yes. He is about the same age I am. I am rather better informed than through your accredited minister here, Ron. J. H. Blount, and of respect­ anybody else regarding Wilson. My mother, the daughter of missionaries, fully saying that since the fate of our little Kingdom and its inhabitants is was born in Tahiti and was well acquainted with the Wilson family. in your hands, we do humbly pray that a speedy solution may be reached to Q. How old was he when he came here? avojd impending calamities, and so that we may once more enjoy the bless­ A. His father was interested in shipping ventures, and among other places ings of peace, prosperity, and a proper government. of trade, I think, either owned totally, or in connection with other parties. That the natives have as yet been quiet, apvarently apathetic, must not Fannings Island. He had interests there, and it was in one of these trading be construed as meaning that they are gradually accepting the new order of voyages that he was lost. Old Captain English. who is here now, took the things, by which they are deprived of all their rights in their own country. two boys-the brothers-and carried them to Fa;nnings Island. They lived They are simply waiting, in their-simple faith in the generosity' and honor of there, and when they were old enough the old man brought them here and the most liberal and honorable Government of the world; and they e:Kllect put them to school. That was in the early fifties. I think they went to school justice, id est, restoration of their legitimate sovereign. And the Amencan with Captain Smith. Government must now be sufficiently well informed of the enormous injus­ Q. How old would that make him? tice committed against this defenseless and peaceful nation, so that it seems A. About 43 years old. As was usually the case with half-whites of that to us that little or no doubt can yet be entertained by any impartial mind as class, they did not have the best opportunities for education. After they got to what ought to be the proper course for dealing with the "faits. accomplis" the ordinary rudiments they wonld be put to a trade. He was put to a trade. here, and no doubt as to the true royalist sentiments o! the large majority He learned the blacksmith's trade. He was a man of strong character and o! our people. ability. He dropped that and went into Government employ. He was made But owing, as we represent, to the gathering storm, all good citizens are superintendent ot. water.works and made a good one. · anxious that no more delay than actuiilly unavoidable should now occur in Q. What sort of marshal did he make? the settling of this matter; and, therefore, if it is considered by your Govern­ A. An exceptionally good one. ment necessary fa7 the question to be referr~d to Congress, we do respect­ Q. Was that generally the-opinion? fully, but most earnestly, fervidly beseech, in the name of our people, that it A. I do not think ther have ever had a marshal here at any time who could be submitted, if possible, to this now coming extra session. equal him, and I think 1t would be a hard matter to get anyone-with this And we further pray that Almighty God will vouchsafe you and your one exception-like most of the natives Wilson was careless in money mat­ Government His divine guidance in assisting yon to deal fairly and justly ters. I have to sdmit that Wilson was careless. with an unhappy nation whose sole hope lies in yon. Q. Behind in his accounts? Most respectfully, your excellency's humble servants, A. In his business arrangements he has been careless. Wnen he was J. A. Cummings, honorary president; Josevh Nawahi, president; superintendent of waterworks he got behind considerably. I saw his diffi­ Jno. E. Bush, vice-president; J. W. Bihi.kana, vice-president; culties. There was a shortage of something like nine or ten thousand dol· John Lola Kaulukou, vice-president; J. E. Kaunauiano, vice­ lars. We advanced the IJlOney for him-myseltand the present Queen. That president; James K. Me1:86bnrg, John Kapnmawaho Prender­ transaction was open tO expla.nation. I think Wilson was made residuary · gast, Abrah~m ]L Palekaluhi, Sam'l K ..A!!, H: S. Swin~~. legatee of a long series of old fossils. It had been considered a place of no Jas. K. Kaulm, secretary; S. 1\I. Ka.aukai. w. L. Halokahiki, importance. They kept accounts very badly. They kept a svstem of re­ Jno. Sam. Kikukahiko, L. W. P. Kauealii, J. Kekipi, F. S. Keiki, ceipt books with stubs. The investigation was held by Guli.·ck. ·These stubs J. Ma.hiai Kaneakua. were added np and Wilson was made to account for it. I can not say HONOLULU, July15, 1895. whether he was responsible for it. Q. Did he ever live in the palace with the Queen? Mr. CAFFERY. I also offer the testimony of Mr. F. Wunden­ A. I do not think Wilson ever lived in the palace. Wilson and his wife occupied the bungalow. berg, clerk of the supreme court, who was offered the collector­ Q. How far is tbat from the palaee? ship of the port of Honolulu under the new government. Riates­ A. It is located in the corner of Richard and Palace Walk, in the palace timony is on page 90 of the same document. yard. I know that Wilson and his wife occupied some of the apartments. · The referred to is as '.I'he other apartments were occupied by others of her hotiSehold, servants testimony follows: and retainers. She occupied the palace herself, or lived in her own place, at ~~~VIEW OF MR. ~EN13ERG. Washington place. MAY 15, 1893. Q. How far is the bungalow from the palace? Q. Where were you born? A. Sixty or 100 yards. I used to visit him at times. The palace stands in A. On the island of Kauai. the middle of the square. Q. How lcng have yon lived in the islands? Q. Have you ever beard it stated from any-reliable source that Mr. Wll• A. I was born in !850 and have livetlhere ever since. son was lodged in the palace? Q. What are you engaged in? A. Never. A At prese-nt I am deputy clerk ofth&s~eme court. Q. How was th&Queen received here in society1 Q. Have- you been recently otf~red th& poSition of collector-general of cus­ A~ Sh& was always received here with the grea.test respect. toms? Q. Please illastrite what you mean by that. A. Ihave. A. No entertainment of any importance- reception, ball- was considered 6468 CONGRESSIONAL RECORD-SEN.ATE. JUNE 29, · complete without the presence of the Queen. The chief justice on one oc­ ment. This cabinet was overthrown in 1886 by Mr. Spreckels's influence. Mr. casion gave a ball or entertainment of some kind; I think it was a reception Spreckels had advanced large sums of money to the Government. and de­ to Armstrong. I was present. The Queen was there.· The chief justice was manded the deeding over of the wharfage, the city front from the Pacific very attentive to the Queen. W. R. Castle gave an entertainment not a Mail to the Oceanic docks, the Honolulu waterworks, and other governmental great while ago at his r esidence to some children, which the Queen at ~>ended. property in town. Castle was extremelv attentive to her. In fact, whenever the so-called mis­ This proposition was acceded to by Gibson, but resisted by Gulick, who sionarv party gave any entertainment they were always desirous of having succeeded in frustrating the whole scheme, but which resulted in the over­ the Queen. She received the most marked attention from them. throw of the cabinet fina.lly through Spreckels's influence. Spreckels was Q. Were these ladies active in social life about the place? instrumental in forming a new cabinet composed of Gibson, John T. Dare (a A. Yes; whenever the Queen would give entertainments these people lawyer he brought from San Fl·ancisco), and, I think, Robert Creighton, and always attended. they put one Hawaiian in-some old dummy, I forget now who he was. Q. With as much freedom as other classes of people? This was natm·ally offensive to the Hawaiian element previously alluded to, A. I think so. and we reproached Gibson for his action in the matterliand when the events Q. You spoke of the Queen educating Hawaiian girls. At what school? of 1887 turned up a large majority of the element a nded to joined the A. At a number of schools. The school I am mo!!t acquainted with is movement to overthrew Gibson, and of course the otherfarty were only too Kawa.iahas Seminary. glad to have additions to the strength of their party. think that answers Q. Who were the teachers there? the question why I joined the movement of 1887. A. Miss Bingham was the principal. Latterly they have been compelled Q. What was the demand made upon Kala.kaua as far as a new constitution to send abroad to get assistance. The management was always in the hands went? of the missionaries. It is a missionary institution. A. They made a demand that he should grant them a new constitution, Q. Did she generally prefer that institution for these girls? which he agreed to-immediately. A. I think most of the girls have been educated there. I think she has had Q. And that is the present constitution? several educated at Mani, at Makawaco Seminary, another institution. A. Yes; that is the present constitution. Q. Are you a man of family? Q. What sort of cabinet did he appoint then? A. No, sir; I am not a married man. We are a very large family. I have A. He appointed a cabinet to their dictation: L.A. Thurston, W. L. Green, a number of sisters living here. · C. W. Ashford, and Jonathan Austin. Q. Did they associate with the Queen without reserve, as other people Q. Is Mr. Thurston native born? here? A. Yes. A. Yes, sir. Q. Educated here? Q. Did you feel like they were with a reputable person? A. Yes; most of his education. He went abroad to study law. A. Yes; I never felt anything out of the way. In fact, I know that a great Q. His life has been spent here? many people at times would feel slighted if they did n9t receive invitations to A. Yes; he is identified with this communitv. attend entertainments there. Q. Has he been an active member of the Plinters' Labor and Supply Com· Q. Were yon one of the active participants in the revolution of 1887? pany? A. I was an active participator in the events of 1887. I was not a leader. A. He has always been invited to their meetings. He never was a planter. Q. Please tell me the cause of that revolution. Q. Might he not have owned stock? A. I want to say that the reasons and causes that actuated different ~ar­ A. He may have q.wned some little stock. ticipants were no doubt numerous. The mainspring was the same missiOn­ Q. He is not an American citizen? ary party. They were smarting under defeats they had sustained repeatedly A. No, sir; he is a Hawaiian. from Gibson. They had used large amounts of money in attempting to con­ Q. Where is Mr. Green from? trol the elections, but Gibson seemed to have a strong influence on the King A. He is an Englishman. He came here in early days. He is bead of the and defeated them and held his power. I think, over a period of six years, firm of J anior, Green & Co. and the King, under his direction, was allowed to go into all kinds of follies. Q. Where is Mr. Ashford from? This "Kaimiloa" escapade was one. The King had the idea in his head for A . .Mhford is a Canadian. He arrived here in the early part of 1880. some time previous of causing a confederation of the Pacific islands. I have Q. Was he especially active then in military movements? never heard him say he was ambitions of becoming emperor of the Pacific, A. Yes; very acti;e in 1887. · as has been attributed to him. Q. He commanded troops? Gibson, who was too astute and farseeing to believe in anything of the A. His brother, Volney V. Ashford; he was the man who put it through. kind, still felt it was necessary to humor him in a number of these projects, Q. What do yon mean when you say that he was the man who put it of which this was one. That esca~ade is familiar with everybody. They sent through? Bush down there and it resulted m disaster. That was made one of the os­ A. V. V. Ashford was the organizer and guide of the whole of the move­ tensible reasons. Also the opium scandal. There had always been a great ment, which was expected to have operated in the event of any open deal said regarding the opium business; some thought it tihould be entirely resistance having occurred. Of course the Missionary party-Thurston, prohibited. others thought it was impossible to do so. They favored licens­ Smith, Dole, and others-were organizers of the movement, but when it came mg the business. A bill passed the Legislature authorizing licenses. Then down to actual working V. V. Ashford was one. He was colonel of the exist­ the Chinese began to bid for these licenses and that resulted in what is ing forces-four or five companies of Hawaiian rifles, and this riffraff that known as the Ah Ki scandal, in which it is claimed that the King received yon find around the provisional government to-day-that was the crowd sixty or seventy thousand dollars to let a certain Chinese firm have the that flocked in around them. Thev were the ones that would have been license. That was another cause put forward. used. Whenever danger was in the way they were scarce, but when it came Q. Did thoy make him pay that back? to asking positions they were there. · A. Yes; his estate paid that back, eventually. Q. Who was Jonathan Austin? Q. Was it generally believed that he acted corruptly in that matter? A. He was an American-a New Yorker, I think. He was a brother of A. Yes; those are the ostensible reasons put forward, and general extrav­ H. L. Austin, of Hawaii. He was comparatively a newcomer. agance and mismanagement of finances. That led .up to this business. Q. None of these were of native blood? Q. What do you mean by ostensible reasons; were there any other reasons A. None of them. behind these? Q. They continued in power how long? A. I do not know that I would ba;e any right to put forward convictions A. From immediately after the 30th of June, 1887, up to the legislature and beliefs which lead from way back. I do not think that these reasons, of 1890. The elections were in February. The bouse met in April or May, though they were powerful agents at the time, were the only cause. I think 1890. Shortly after the house went into session they passed a vote of want it was the persistent determination of a clique here to get the power again of confidence. which Gibson had wrested from it. Q. The reform element had been beaten in elections? Q. They had been directing public affairs up to Gibson's time? A. Yes. · A. Yes. Q. And that brought about an anti-reform cabinet? Q. And during that time lost control? A. Yes. A. Yes. To go back a little farther the same party had held power in Q. Now, in the legislature of 1892 there was a continual turning out of various forms and degrees up to about i853. I think then that the decline of cabinets; was that a struggle for power? Dr. Judd's power began. He held despotic sway under Kamehameha. TII. A . It was a strug~le for power. This same reform or missionary element In 1853 a committee of thirteen, representing people who had become tired of was fighting to regam the reins of government. They united with a faction this arbitrary rule of Dr. Judd, waited on the King and demanded his re­ known as Liberals. These two elements put together could vote out the other moval from power. From that time, over a period of twenty years, is where crowd, and they voted them out until the G. N. Wilcox cabinet was formed. the country received the very best administration it ever got, from men lik9 Q. With this cabinet the Reform party was content? Robert C. Wiley, Judge Lee, and, in later days, Harris and Hutchinson-men A. Yes. of that style. That carried through the reigns of Kamehameha IV and V. Q. How did the Liberals take it-did they get offended? The missionaries were out of power. These men would not tolerate them at A. Yes. all. Q. Did they make a combination with the National Reform partyY Q. Was there extravagance then? A. Yes. A. That was the very best period of Hawaiian history. That was the foun­ Q. Was the Wilcox cabinet voted out as a result of that combination! dation of the Hawaiian Islands being received into the family of nations. She A. Yes. took her standing under the guidance of Wiley and Harris. At the death of Q. The Wilcox cabinet was voted out on the 13th of January, 1893? Kamehameha V. Lunalilo came in and the missionaries reg-ained their power A. Yes. through him. He was the highest chief living, but an intemperate fellow. Q. The Legislature was prorogued on the Hth? He was as good a fellow as ever lived. He was a drunkard. Missionaries A. Yes. went into power under him. He lived a year, then came Kalakaua. They Q. If this cabinet had not been voted out before the prorogation of the continued their hold on affairs during the early part of Kalakana's reign-1 Legislature. the Reform element, through this cabinet, would have bad con· until Gibson came in. He overthrew them,"! think, in 1880. Gibson reignea trol of the Government for two years? supreme in 1880. He was returned to the legislature in 1880 and held power A. Yes. to 1887. Kalakana was extravagant. and GibSon, in order to hold his power, Q. How did they receive the voting out of the Wilcox cabinet? had to yield to a good many of the lUng's foibles in that way. If Gibson had A. It was not liked. . received generous support from outside he would have been able to hold the Q. Did they feel like they had lost power? King in check, but in order to hold his -power be had to yield to the King in A. Yes. . order to hold his position against opposition. The chamber of commerce, the Q. Were you at Mr. W. 0. Smith's office at the meeting on Saturday, Jan· Planters' Labor and Supply Company-everything combined against him. uary H, 1893? It is a marvel how he managed to hold his own against the tremendous odds A. Yes; I was there in the afternoon. that. were used a~ainst him. Q. Was the subject of the dethronement of the Queen discussed? While the natives had, as a rule, generally yielded the Government into A. No. the hands of the whites, still they always felt that th~"lshonld have some Q. Was the subject of annexation discussed? sort of representation in the Government, and a native Hawaiian usually oc· A. No. cnpied one of the cabinet positions. In addition tothenativeHawaiian there Q. What was in the mind of that meeting; anything deflniter was a. new element coming on the field, which consisted of native born of A. No; nothing definite. The idea was that this attempted proclaiming of foreign parents, and somewhere around about 1884 we began to feel that we a new constitution was the cause of unsettling affairs, and that there was should have representation as well a.s the foreigners, a.nd placed th~roposi­ danger for the public safety. This committee of public safety was organized tion before Kala.kaua. He recognized the justice of this, and C. '1'. Gulick for that purpose. was made minister of the interior in compliance with the wishes of this ele- Q. Allything said about landing t1·oopsf 1898. CONGRESSIONAL RECORD-SENATE. 6469

Q. How many troops did they have at the close of the reading of the proc- A. No. . t D'd Q. There were subsequent meetings of the committee of safe y. I you lamation? attend any of them? Were yon invited? A. None, excepting those two. A. I attended one that was held at Henry Waterhouse's on Monday even- Q. How long after that before other troops arrived? ing the 16th. A. Just about 3 o'clock. This Captain Zeigler, with about 30 men, marched Q. Did you attend any of any earlier date? in the back way, indifferently armed. A. I attended one at Thurston's house on Saturday eve~ing. Q. Then other troops came in afterwards? Q. Was the subject of the dethronement of the Queen discussed there? A. After that another body of similar number-25 to 30-made up of young A. I would not like to give any information rega;rding a!lytbing that ~k fellows from around various offices, marched in. 'rhat was all there were. place at Thurston's house that night, as I considered It as confidential. It was not until it was gene1·ally known that the United States minister had Thurston reposed confidence in me, and I should not like to betray it. recognized the Government that the crowd came flocking in-mostly men Q. Where was the other meeting? discharged from the station house by Wilson. 'rhey jumped in there with a A. The only other meeting I attended was the meeting at yY~terhouse 's . view of being paid. They enlisted after being discharged by Wilson. Q. Who was present? Any members of the present proVlSlonal govern- Q. Are those fellows in the service now? ment? A. Yes. A. Most of the members of the committee of safety were there. Q. Making part of the provisional forces at this time? Q. Please give the names of such as you can remember. .A. Yes; and a great many of the citizens, those who compose the Annex­ A. H. E. Cooper, I think, was there; Andrew Brown was there; J. A. Mc­ ation Club, when they_ saw the thing was sure, the United States forces within Candless was there; T. F. Lansing was there; I think John Emmeluth was pistol shot, and that Wilson had given up the station house, and that the bar­ there; C. Bolte was t.here; Henry Waterhouse was there; F. W. McChesney racks _would be surrendered, then they wanted to be on the top side. They was there; W. 0. Smith was there; C. L. Carter was also present. camem. Q. Any others connected with the Government? Q. Before that they had been quiet? A. Mr. Dole was sent for and invited to be present, and he attended. A. Yes; then they rushed in. Q. Was there anything said at that meeting .0~ the subject of aid by the Q. Were you at the mass meeting on Monday? troops of the United States and the American mllllSter? A Yes. A. Yes· the general impression and the general talk all through the busi­ Q. How many people were there? ness was the fact that they would obtain or receive both moral and material A. I should j'!ldge about 700 or 800, possibly 900. assistance from the United States minister and from tho troops from the Q. What nationalities? Boston. A. Heterogeneous. Q. Did they expect to fight? Q. Many Portuguese? A. No; I do not think they did. A. A great many. Q. Their idea was that the sympathy of the American minister and troops Q. How is the white population in this city on the subject of annexation? was with them? . . A .. It is very hard );a arrive at an exact ~tatement. You can only get it by - A. Yes; the people knew if the United States mrmster, or any vessel in makmg your own v1ews known. You will find out that men who are pre­ port, moved in the matter that would be the ond of the matter. If they sent tending to be in with a party are really at heart opposed to it. - one marine ashore it would end the matter. Q. How many people are not pretending to be with the party in power Q. Was that the drift of the meeting? and are opposed to annexation? · A. Yes; everybody knew that and felt that. A. I should judge about half and half. Q. Was there any portion of that meeting that went to see the American Q. People who are frank about their views? ministerf A. Yes. You take the independent Americans who are not under the in­ A. Yes. Mr. Loper was offered the position of commander-in-chief of what fluence of the missionary faction, they are as a rule opposed to it, as are forces they might get together. He did not see his way clear; be did not most of the English people and some Germans, and almost all foreigners want to assume any position which was not tangible, and the arguments put outside of the particular American class who are under the influence of the to him were about this support we would receive. missionaries and planters. Q. What sort of support? Q. What part of the United States is this American element who favor A. The sup~ort from the United States minister and from the Boston. annexation from? Loper still hesitated. He did not feel satisfied with the assurances. It was A. The New England States, generally. suo-gested that be go over and see the minister himself, which he did in com­ Q. Are they in point of numbers in a majority of the Americans here? pany with some of the others. I think C. L. Carter was one-I do not know A. I do not know. I do not think that they are, but their influence is the for certain. largest on account of wealth. Q. Henry Waterhouse was one? Q. And intelligence? A. I think so, but I do not know. I have an impression that Waterhouse A. I won't add intelligence; I beg to be excused from that. and Carter went there. Q. Do you know whether or not the committee that went up and organized Q. Did they come back? the provisional government sent anybody to the Government building to see A. Yes. if there were any soldiers there or not? Q. What did tbeyreport? A. I can not say that. I remained in my office until I felt something was A. I understood them to say that Mr. Stevens had told them that if they g_()ing on, and then I walked out on the street. What they did after leaving would take possession of the Government building and read their proclama­ Waterhouse's I don't know. tion he would immediately recognize them and support them, or, failing to Q. Was everything quiet at the government building at the time the get the Government building, any building in Honolulu. They deny that, proclamation was read? but I understood any building in Honolulu. Anyway, from what Mr. Loper A. Oh, yes. All the offices were running right along very quietly; nobody heard he was satisfied and accepted the office. knew anything. Q. Was the city q,uiet when the troops came in? Q. None or the officers knew of the movement? A. Yes; quiet as ~unday. A. I do not think they did. Everything was going en just the &'tme as Q. Women and children on the streets? usual. 'rhey knew there were rumors, but I do not think much attention .A. Yes; the public at large did not know what was going on. The band was paid to it. The presence of the United States troops was a matter of played at the hotel. I do not think anyone knew what was going on except cm·iosity and comment. the politiciaus and those who were behind the scene , as you might say. Q. Well, then, so far as the reading of that proclamation dethroning the Q. How long after the proclamation was read before Mr. Stevens recog­ Queen was concerned, it was known to very few people that it was to be nized the provisional government? done? A. That I do not know. The current report around there was that it was A. I do not think it was known to anybody except themselves. The whole between 3 and 4 o clock. I understood the United States minister had recog­ thing was a surprise to everyone. Wilson might have had some inkling of it. nized the Government. He was trying his best to keep posted, but of course his actions would have Q. Who said that? been guided entirely by what information be got regarding the attitude of A. It is impossible for me to say. It was common talk. the United States troops. Q. How long after that before the station house and barracks were sur­ JUNE 5, 1893. rendered? A. Somewhere, I should judge, between 6 and 7 o'clock. The lamps were Mr. BLOUNT. Mr. Wundenberg, I omitted to ask you as to the feeling of lighted. Loper said Wilson bad agreed to turn over the station house. He the natives on the subject of annexation at the former interview. Please said: "Will you go down and take :possession?" I said: "No; I have noth­ tell me now. ing to do with this concern." He said: "We must have someone to go down A. To the best of my knowledge and belief-and I am well acquainted there. I said: "Take some of your own folks; take McCandless down." He with the natives-I do not think there is a native in favor of annexation. did. He bad not been gone long before he telephoned up: "I want you. Many may have declared themselves so, but it is my belief that they have You must come down_ McCandless won't stop." I think before I started I done so under pressure; that is, their interests were controlled by those who met McCandless. He sa1d: "Loper wants you down there. I don't want desire annexation; they are afraid of offending them and of being deprived to stop there." I considered the matter. A number of friends of mine of privileges they now possess. wanted me to go. They said: "Itisacritical moment. We want a Hawaiian Q. What sort of privileges? who can talk to the natives and prevent any friction between the natives A. In a number of cases they have stock running on lands of large land­ and foreigners." I said: "In the interest of law and order I will_go down." owners, who would make them remove them, and that would deprive them I went down. Most of the force that Wilson had was retiring. This guard of their means of livelihood. Some of them hold positions under planters and of 20 men that Loper had taken down of this "German 500" bad marched in. other:!. I went in and wa~ placed in charge. The street lamps were lighted. Q. Any of them in government employ? Q_ What was the occasion of your separa-ting from the people who were A. A good many of them are in government employ. '.rbere is only one at tbe meeting at Mr. Waterhouse's? that I know of who openly comes out and advocates annexation-a young .A. The first proposition was made by Thurston himself. He asked me if man by the name of Notley, who is employed in the waterworks. Others do I was willing to stay in the movement for maintaining law and order. and try it in a subdued manner. If they advocate the matter at all, they do it as a to preserve the fundamentallawottheland? I told him I would. We went matter of policy. The natives have the same love of country as you will find over to the attorney-general's office and met the cabinet, who had come over .anywhere. The term they use is "Aloha aina." from the polls. I heard the statements of Parker, Peterson, and Colburn. Q. Are there any whites in the islands against annexation? It was then proposed by Thurston and others t4at we should support the A. Agreatmany. cabinet against the overt acts of the Queen, and that meeting at Smith'soffice Q. What proportion of them-! mean Americans and Europeans? was for that purpose. Peterson went there. A. I think if a fair canvass was made that you would find fully one-half Q. You separated from them, then, when it was developed that they meant op:p_osed to it. to overthrow the Queen? Q. Suppose the question of annexation was submitted to the people of A. Yes. I sto-pped on Wednesday, when I found it began to develop. I be­ these islands, or such of them as were qualified to vote for representatives gan to be suspicwus. I simply went to this meeting at Waterhouse's and under the constitution just abrogated, and with the Australian ballot system was a listener. I was interested in affairs of the country. which you had adopted; what would bathe result of the vote? Q. You took no part in the organization of the proviswnal government? A. It would be overwhelmingly defeated-almost to a man by the native A. None whatever. Hawaiians, and I think a great many of the foreigners who now are supposed Q. How PJ.any troops did they have there at the time the proclamation was to be in favor of annexation would vote against it. read? Q. What would be the proportion of annexationists to anti-annexationists? A. When the proclamation was read there were two policemen taken off an .A. All the native voters, with very few exceptions, would vote against it. ammunition wagon and put at the front door, I think most of the native born of Hawaiian parents would vote against it, 6470 OONGRESSION.A:L RECORD-SENATE. JUNE 29, with the exception possibly of those few that are mixed up in the annexa­ Q. Did you think they were in sympathy_with the Queen? tion movement here. I think most of the forei~ element that are inde­ A. There was what they called the Hui Kalaiaina, a lot of old men They pendent and outside of what is known as the Missionary party would vote formerl~ met right. oppositE\ our office, on Queen street. They were in sym· against it, and I think a great many of those who are now on the rolls of the pa~hy mth her prmcipally. After the, co~mittee of safety had been ap· Annexation Club would vote ag.ainst it. Their names appear there simply pomt~d we met and talked over the ~:~ituat10n and decided to call a mass for policy. meeting. I have carefully read the foregoing and find it to be an accurate report of During t~e meeting on Monday we were threatened that if we held any my interviews with Mr. Blount. m?re meetmgs we would be arrested. Marshal Wilson came right up and F. WUNDENBERG. sa1d to Mr. Thnrston that we would be arrested. Mr. Thurston answered RoxoLl:LU, June 5, 1899. ri~h.t up an!'! said i! he wished to arrest us we were ready. We were not domg anything agamst the Government, that it was for the inte-rest of the Mr. CAFFERY. I also offer the testimony of Mr. Waterhouse, country_that we had bee!l appointed as a committ~e of safe-ty. All that we one of the members of the committee on public safety, and identi­ wru:e r discussing it we sent word. I think Mr. Damon went do, I will be discharged from the office." down and had an interview with the four ministers in the station house. He said in sub.;tance that Mr. P. C. Jones was to 1•eceive an anonymous let­ Q. You were not present? ter from his brother,and he wished me to say to Mr. Jones not to be alarmed, A. No, I was not present. I know nothing in regard to that. · Afterwards but at the same time not to tell who it was that gave him this information; part of the ministers came up to the Government house to talk to the council. also that the Queen was going tQ_J>romulgate a new constitution, and in ease Q. You were a member of the council? she was not able to get out the Wilcox ministry the plan was, after the pro­ A. I am. I w~ then. I was. a member of the committee of safety also. rogation of the Legislature, to invite the four ministers over there-that is, They agreed to g1ve up the station house. We took possession. the Wilcox ministry-and lay before them a constitution that she had pre­ . Q.. Do you mean that. that happened just that way? That they agreed to pared, and in rasa they didn't sign they woul:l be held prisoners. That was gwe 1t up and you took 1t? Do you mean that those things followed right the inf.:>rmation I "'ave to Mr. Jones. Of course he acted upon it. after one another just as quick as you relate them? The ministry after that was put out by a. vote of the legislature. I can A. No. ~:Damon had to ~o down to the station house and Hopkins came state right here that the vote was carried by bribery. The money was placed up. The JlliillSters were afraid to come up. Tht>y thought that. it was a in Mr. Sam Parker's hands, some $7,000, to assist in voting them out. Quite trap to get them up there.. When they came up they sa~d: "It does not seem a number of members of the Legislature (Hawaiians) came down to talk to to us tha~ we need be afra~d. You seem to be actmg m a square, friendly me, those who were against putting out the ministry, and also those who manner m :egard to treating us as men." They spoke of that at the time. were in favor of doing so. One in particular (Hoapoli) told me what he The first thing that was done we declared martial law. That was one of the wanted was good, stable government, and he felt sure if we kept the Wilcox first acts. ministry in we would have it. He was sent for by the ex-Queen and she per­ Q. Do yon know what hour the station house was given up? suaded him. She said if he bad any love for her that he would vote against the A. I can not say. I was very much excited that day. I think it was some­ ministry. Quite a number of the other members came and asked if I would where near 5 o'clock. assist them m money; said that they were getting short: had been down here Q. Have you-anything to hell? you fix 5 o'clock in your mind? so long. I told them no; that was not my business. I did not propose to ad­ A. I know we were afraid of 1ts getting dark, and 1t would be much harder vanctl them any money. A few days after they all seemed to be quite for us to take the building after dark, and we were planning what to do in flush; and after the Legislature was prorogued they went home. They had case of darkness. That is what makes me think it was somewhere near that new furniture and seemed to be well provided for in every way. time. On Saturday, about 10 o'clock, John Colburn, minister of finan~, came Q. You spoke of the causes of the revolution being lottery and opium le"'­ down to the office. islation and bribery. Now, as to the lottery bill, do you know of money be­ Q. What office? ing used there? A. My offica on Qneen street. He was very anxious to talk with me. I A. Of courae I could not go on the stand and say that there was, but men was out. When I came back I went over to his office. Hehadleftword with who ran it were very flush. his brother to say that the Queen was going to promulgate a new constitu­ Q. Is that what you judge from? tion immediately n.fter the prorogation of the Legislature, and wanted me to A. Yes. know. Between 1 and 2 o'clock I was up near W. 0. Smith's office. That Q. The same as to the opium bill? seemed to be the center then to get the news. News came down that the A. Well, that was supJJOsed to be a. measure from the outside, as some of ex-QuNm was attempting to force the ministry to sign the new constitution. those in the legislature expected to get money from the Chinese. Q. Who did this news come by! Q. Was that a supposition, or did you have any evidence of the fact of the .A. It was sent by Mr. Colburn to the office of W. 0. Smith. use of money to pass the o:eium bill in the way of bribing members? Q. Bywhom? A. That is just a supposttion. A . lean not state. 'l'here were so many there at the time. They met in Q. You spoke of money being used for purposes of bribery. Did you mean the back office of W. 0. Smith. There were a great many in front of the in the sense that you juststa.ted-that it was supposition th.a.t it was done? office at the time to talk over the situation. I sat beside Pa.ul Neumann. We A. I stated it from what a party said, who could substantiate what he said. were all very much excited, feeling that our rights were being taken away Q. Who was he? from us, and we decided then and there we would not submit to it. After a A. Cecil Brown. short time we heard that ths ministers had gone back to the Government Q. Did he tell yon he-would be able to provo that money was used for the house. The way they put it-they ran away. The parties who came from purpose of getting out the ministry? the Government house put it in that way. I remember stating to Mr. Neu­ A. Yes. mann that I was glad we were at least of one opinion. He said this was a Q. Did he tell you who furnished the money? thing we ought not to tolerate. After discussing the matter for some time A. From the ex-Queen. John F. Colburn and the attorney-general, Mr. Peteraon, both came down. Q. He told you it came from her? Mr. Colburn made a statement that the ex-Queen had got them into the room A. Yes. and had req nested them to sign this new constitntion, and, after talking with Q. Have you had any knowledge of any money being used by the other her some time, he said they had-asked her for half an hour's time to think side-by the Reform party-in controlling votes at any time on any of thess over it. In the meantime the natives were talking quite loud, and as Mr. questions or any question? Colbn:rn expressed it, he thought it wa.s~bont time for him to get out of it. A. Only what I saw in opposition papers. I do not know anything of my So they went out the b!!.ck way to the Government house. own knQwledge. Q. The back way was the direct way to the Government house? Q. Do you know it on any information you had from others? A. No; but if they ll.ad gone outthefrontwaythenativeswereallin front, A. John Colburn told me that he had used money. and they were afraid. He wanted to know if the mel'chants would support Q. Who did he say he got it from? them in their "{>OSition, After discussing the matter there was a committee A. It was from his own money. He was trying to get the McFarland of safetY. appomted. They considered it very important that such a commit­ cabinet out. tee should be appointed. There was a great deal of talk that came to the ears Q. He was acting as a Liberal? of certain parties in regard to the way in which the natives had bean talked A. Yes. up-inflammatory talk-and we all felt that it was very important we should Q. And theLiberaland Reformpartywereactingtogetherin the matter of · keep a strict watch ou their movements. getting out this cabinet? 1898. CONGRESSIONAL REOORD-·SENATE. . 6471

A. I do not know about the Reform so much. I dropped out from theRe­ Q. I will ask you again. In the meeting of the committee of safety in the form p3.l'ty when they joined with the Liberal. We were all split up then. afternoon of Monday, after the mass meeting haii adjourned, was there n.n:y­ Q. Could you have voted out that cabinet unless you bad had the Reform thing said on the part of Mr. ~hurston, or any other member of the commit­ party and the Liberal party combined? tee of safety, indicating that the American minister knew anything of the A. We·could not. It took both parties to vote them out. movement of the reform party? Q. Did Colburn tell you he was using his own money? A. Yes; I should say that there was. A. He claimed that be had promises from other parties. Q. Bywhom? Q. Who did he say they were? A. Either Carter or Thurston. A. He did not give me names. I was going away to the States at the time. Q. What did they say? Q. You say on Monday Wilson came and notified the committee of safety A. I can not state. There was something said. It does not come to my tbroug_h Mr. Thurston that he intended to arrest them? mind now. A. He did, and Mr. Thurston replied; told.him to go ahead if he saw fit to Q. Was the purport of it that he knew of the movement? arrest us. A. Yes, it wa-s; that is, after the meeting. Q. Your statement was that be could arrest you if he wanted to; that Q. How did they know that he knew of the movement? you were doin~ nothing a.gn.i:nst the Government? A. I suppose they had had an interview with him. I can not say for certain. .A. Yes;· I said that. We were only discussing the meeting. Q. Did they say as much? Q. Were you discussing the question of the dethronement of the Queen? A. That is what I understood at the time. A. We were not then. We were discussing in regard to the meeting to be Q. Well, now, in that meeting was the subject discussed of asking him to held. land the American troops? Q. Had you in your Saturday's meeting or any time in your meetings de· A. I think that was done by the committee of safety before. bated the matter of the dethronement of the Queen? Q. Were yon present when they asked for the troops to be landed! A. I think we had spoken of it. We all felt we could not stand the mon­ A. Iwas. archy. We had made up our minds to that. Q. The troops ware ordered here on Monday and this mass meeting was on Q. Then the expression that you were doing nQthing against the Govern­ Tuesday? ment was a strategic expression? A. No; the mass meeting was on Monday; the troops came on abore Mon7 A. Yes. Wilson, of course, want-ed very much to declare martial law then, day evening just about dark. I might say that it was a surprise to us to hear but Cleghorn declined to sign the declaration. that the troops were coming on shore. Q. Who was Cleghorn? Q. You ex"{lected them to come ashore later? A. He was governor. A: No; I dtdn•t know when they were coming ashore. Q. Yon held a mass meeting at 2 o'clock? Q. But you expected them to come ashore? A. Yes; 2 o'clock on the 16th. A. Yes; I expected they would come. Q. There was no declaration for dethronement in that meeting? Q. By reason of any communication with the American minister? A. I do not know if it came out. You could understand by expressions A. No;· I think it was by request of the committee of safety. that they were all there for good government. Of course, they did not come Q. I have a. copy of the communication from the committee of safety of right flat-footed out. January 16, 1893-Monday. . Q. How many troops had you then organized and armed; can you state A. Yes; Monday afternoon. accurately? Q. What time Monday afternoon? A. lean not. A. After the mass meeting. Q. About how many; have you any information? Q. How long after? A. I have not. We were backed up by the mass meeting. Nearly all were A. I think about 5. ready at a moment's notice. Those who backed up the committee of safety Q. It was after the adjournment of the mass meeting you say the request were willing to back them up in everything they did. to land troops was made? Q. Did you poll the meeting to see how many would sup~ort you? A. I think it was about 4 o'clock. A. I think so. I think that they got the signatures of quite a number. Q. What time did the mass meeting adjourn? Q. How many? A. A little after 3. A. I can not tell you. Q. And then the committee of safety met? Q. You could not say that the whole of the mass meeting signed? A. We met immediately; walked down from the meeting to Smith's office. A. I could not. Q. And then you took up the subject of calling on the American minister Q. Could you say that a.s many as half the mass meeting signed? to land troops? A. I should think so. · A. Yes. Q. Have you examined the signatures? Q. Who took that communication to him? A. No. There were various committees. I was a committee for a portion A. I think it was Charlie Carter. I can not be positive. of the rally and went around to their residences to see what arins they had Q. Is he one of the present commi~oners? and if they were prepared in case of trouble. A. Yes. Q. In case of any trouble, did you tell them that you were going to de­ Q. How long was hEigone? throne the Queen and ask if they would be ready in case of resistance? Did A. Notlong. )"ou say_ that when yon got signatures? Q. What did he say when be came back? A. When I went around I didn't get signatures. I got it verbally from A.. He said the marines would be landed. them to find out if they had arms and were ready to support the committee Q. Did he say whether they would support the provisional government of safety. movement if they took the public buildings? Q. Did you mention to them the purpose to dethrone the Queen? A. He came back and said the troops were coming ashore. That was as A. That was understood. far as I could remember now. Q. Did you communicate to them in reference to arms? Q. He brought no response in writing? A. Tho fact of the case is I did not know exactly what we were going to do. A. I do not think so. · Q. So that when you went around, you simply wanted to know if they Q. Did the committee of safety want the troops brought on shore? had arms, in the event of trouble? A. They felt that it would be for the welfare of the t-own to have them A. Yes. ashore. ·we felt as a committee of safety that we had this matter in our Q. It was in that way that you judged of their sentiments in the matter of hands and would bo held responsible. supporting the committee of safety in the effort to dethrone the Queen? Q. Did yon expect that the presence of the troops on shore would have a A. Yes. quieting effect on the natives and prevent any demonstration? Q. After the mass meeting what did the committee do? A. It was thought so. A. The committee of safety met that afternoon shortly after the mass Q. That was your idea? mooting. A. Yes. Q. What did you do in that afternoon meeting? Q. .You expected that when they got on shore any hostile movement would A. We discussed the matter. We did not have a very long session in the be brought to a standstill by their presence? afternoon. In the afternoon, at first, we were all going right up then and A. Yes,sir. there, but afterwards considered it. The fact is, we hadn't our paJ?ers all Q. Suppose they had not come on shore, would you have been able to pro­ ready. It was getting dark. We thought it was better to have daylight on tect yourse-l>es? our side. We decided to meet again on Monday evening ant.l get everything A. I think so; but 1 think there woul

A. We talked over the matter with Loper; discussed what could be done. on American ground, and I suppose that would be up at his place or around He started ant to get the men together. the consulate. . Q. After he left the committee of safety? Q. You expected he would protect them in those places? A. Yes. A. Yes; I might say, after the meeting on Monday, there was a falling off Q. Where were they to be placed? in the ranks of the Queen's party and they felt that the stronger elements A. They were to meet at the old armory here, and from there go right were against them. The mass meeting brought things to an i ss~e . down to the Government house. Q. You anticipated \hat the American troops expected to protect at the Q. Didn t you think the impression that these marines would have on the consulate and Amerir.an legation American citizens who resorted there for natives would be that they would not be in sympathy with them, and that protection? they would be in sympathy with the white people? A. That is what I expected they would do. but I did not know how far they A. That is what 1 think. would have gone in case there was bloodshed. Q. Yon were amongst the committee of safety that went up to take charge Q. Did you expect them to confine themselves to operations around the of the Government house? legation and consulate? . A. Yes. A. No; I would have expected if the Queen's people overpowered us that Q. How many of you wel'e there? they would, of course, have to protect her. If we calll.e out on the top and A. I think there was fourteen, but we did not all go up. asked for protection we would get the protection, and we felt we would be Q. Where did you start from? stron a enough. A. We started from W. 0. Smiths office, on Fort street. Q. You expected him to land his troops and protect American peo_ple at Q. Which street did yon go up going to the Government building? the legation and consulate until you whipped the Queen or the (.Jueen A. We went up Queen street and up to the Government house-Mr. Wilder whipped you? and myself. A. I do not know that. Q. What street did the others go on? Q. Did you expect him to do more than protect American citizens who re­ A. They went on Merchant street. sorted to the consulate or legation for protection? Q. When you got to the Government building who was the first person A. That in case there was any bloodshed that they would, if called upon, you saw? protect the party in power, and I expected we were going to be in power A. Hassenger. funh~fu . Q. Is be a porter? Q. How did you expect to get into power without a little bloodshed? A. He is first clerk of the interior department. A. We knew the feeling of those who were in power then-that they were cowards; that by goin~ up with a bold front, and they supposing that the Q. When you got there was the proclamation read immediately? American troops wonla assist us, that would help us out. A. The proclamation was read by Mr. Cooper. Q. AEtance on the part of the Queen's Government? Q. Are you not mistaken about that? A. That was not in my mind at all. A. No; I believe I am not. I do not think I am. Q. What did you want troops for? What was in your mind? Q. What about the barracks; had they been given up? A. In my mind it was going to stop bloodshed. The very presence of .A. Theybad. them here. Q. Who were at the barracks? .., Q. You expected, then, if you got them on shore that you could go on with A. Nowlein. the plan of taking possession of the Government building and other proper­ Q. Where was Wilson? ties without bloodshed? That was your idea? A. He was at the station house. A. That was my idea. Q. And he gave that up before you had notice of the recognitionf Q. Was that the impression of the committee of safety? A. According to my best knowledge and belief. A. I think that they felt just the same as I did in regard to it. . Q. Was there any communication, hr writing or by word, from any mem­ (Before leaving Mr. Waterhouse was shown the letter of January 16, from ber of the committee of safety, or any other person by their authority, to the committee of safety to Mr. Stevens, and identified it.) The letter is as :Mr. Stevens that you planned taking the Government building? follows: A. Not as far as I know. 1t is from hearsay. Q. Who did you hear say it? HAw..UIA.N IsLANDS, Honolulu, JanttaMJ 16, 1899. A. It would be impossible for me to answer that. His Excellency JOHN L. STEVENS, Q. Was it understood in the committee of safety on Monday night, by any­ .American Minister Resident: body, that he knew you intended to take the Governmapt building? A. Not unless somebody left the meeting afterwards and told him. SIR: We, the undersigned, citizens and residents of Honolulu, respectfully Q. Was there anything said by any person at the meeting at your h use represent that, in view of recent public events in this Kingdom, culminatinQ' the night before tbe building was taken indicating that Mr. Stevens kne of in the revolutionary acts of Queen Liliuokalani on Saturday last, the publlo ~afetv is menaced and lives and property are in peril, and we appeal to you the move to take the Government building the next day? and t·~o United States forces at your command for assistance. A. I do not remember. 'l.'lH3 Quean. with the aid of armed force, and accompamed by threats of Q. What was your impression-did you think that he knew of your move- violence and bloodshed from those with whom she was acting, attempted to ment? . proe:aim a new constitution; and while prevented for the time from accom­ A. I did; I was in hopes that he did. plishing her object,dedared publicly that she would only defer her action. Q. Why did you think he knew of your movement? This conduct and action was upon an occasion and under circumstances A. It was common talk. which have created general alarm and terror. Q. Common talk Monday, as well as Tuesday? We are unable to J.!rotect ourselves without aid, and therefore pray for .A. Yes. the protection of the United States forces . Q. It was common talk before the troops were landed on Monday? A. It was common talk that we were going to make a move-that the com- HENRY E. COOPER, mitt.ee of safetywere urged upon to make a move. F. W. McCHESNEY, Q. Did you all understand that Mr. Stevens's sympathies were with you? W. C. WILDER, A. Yes. . C. BOLTE, Q. How did you get the idea that his sympathies were w1th yo11;? A. From remarks made by different persons in regard to certam matters ~rff~NO. SMITH that had come up; and we felt that we had been wronged. HENRY WATERHOUSE, Q. What matters do you refer to? THEO. F. LANSING, A. All during the last few days and also during the session of the Legis- ED. SUHR, L. A. THURSTON\-.. lature. . · JOHN EM.MELUT.t1, Q. He would manifest his approval and dJ.Sapproval of acts of the Queen WM. R. CASTLE, and her adherents in mattet:a of legis~tion? . A. Whenever it was agamst the mterests of the Amencan pe()ple. Of J. A. McCANDLESS, course a few days before that, up to Saturday, he was not here. We had a Citizens' Committee of Safety. great deal of tal;king during tJ?.at tin:~· He_lost a).l that~ ... I have read the foretoing carefully, and pronounce it a correct report of Q. He participated freely m political d1Scuss1ons wtthont exctting com­ myinterviewwithMr. lount. HENRY WATERHOUSE. ment? A. I do not know that he discussed it. People would naturally come and talk to him and open their hearts to him. Mr. CAFFERY. I also offer the testimony of Mr. Damon, who Q. And in that way they got to feel that he was in sympathy with them? is also a member of the committee on public safety, commencing A. Yes. on page 39 of the same document. Q. Was there ever any suggestion on his .Part to the committee of safety to desist from their movement against the (.l!ueen~ The testimony referred to is as follows: A. I have never heard of any. INTERVIEW BETWEE..'l' MR. DA.MO~ AND MR. BLOU ~T. Q. Was there anr, expectation when the troops landed that they were to enforce the authonty of the Queen in bringing order in the city on the part HONOLULU, .April 29, 1899. of the committee of safety? Mr. BLOUNT. How long have you lived here? A. I did not hear any rumor that led me to think that. The way I under­ Mr. DA.M0:8. I was born here in 1845. I have been away several times-per· stood it was that they were here to preserve order. ha~s to the extent of three or four year in that time. Q. Now in the matter of preserving order, if the Queen's forces and the Q. Where wera you on the Hth of J:an~lary, 1893, at. tpe time the proclama­ provisionai government forces got to fighting, would that mean that be was tion dethroning the Queen and estabhshmg the proVJSwnal government was to interfere and stop the fightinl?? A. I thought be was only to protect American interests here. rea.t.? I was a.t Honolulu. I was one of the members of that body who went up. Q. How would he go about it? Q. The paper was read by Mr. Cooper? A. I suppose that most of the Americans would naturally go for protection A. By Judge Cooper. 1898. CONGRESSIONAL REOORD_:-_SENATE; 6473

Q. How many of you were there in that body which went up-about? A. I think they had a small gun-Gatlin!f gun and howitzer. A. The whole body. There would be four of the executive and fourteen Q. Where wer e they pointed-in what direction? of the advisory. A. I can not t ell you . . Q. Please look at this paper apd see if they are the persons [Senate Ex- Q. You were snrprL<>ed that they did not come into the grounds while the ecutive Document No. 76, Fifty-second Congress, second session]. proclamation was being read. Is that what you mean by not supporting A. Thurston w~ not present, and I do not think Wilhelm was there. you? Q. Where did you start from? A. I had no definite information what the movement was, as I told yon be­ A. From W. 0. Hmith 's office on Fort street. fore in a private interview., but knowing that they were on shore I supposed Q. And what street did you take going from there? that they would support us and when they did not support us, and we were A. We walked up directly to the Government house on Merchant street. there for fifteen or twenty minutes, I was perfectly astonished that we were It was suggested that a part should go by the way of Queen street, but a in that position without any suppor t. majority of us went by way of Mer chant street. Q. How far would you say, in yards, it was from where the proclamation Q. What was the idea for dividing the committee? was being read to where the nearest troops were? A. So that it should not attract so much attention, and it would be safer, A. I think about 75 yards. perha~s. to have it divided than going in mass. Q. Was there a piece of artillery in the street between the build in.,. the Q. Was it because it occurred to them that it might invite attack if they troops were stationed in and the government building ? o went in mass? A. The only piece of firearms of any kind in that street was Oscar White's A. That was partly the idea-that it was more prudent. I think we, most rifle. We met him as we came around the corner. of us, walked together-not compactly, but together. Q. Did you have occasion to look there to see? Q. Any crowd following you? A. We stopped before turning into the side gate to converse with Oscar A.. No; the crowd was attracted to the corner of Fort and King streets, White before proceeding into the govel'nment building. owing to the shot that was fired by Mr. Good at a policeman. In fact, the Q. Are you sure there was not a piece of artillery in that street before the crowd cleared from the Government house and was attracted there. From reading of the proclamation? all directions they centered at the corner of Hall's store. A. I can not t ell you; but the only gun I could see was Oscar White's. I Q. Yon found, then, scarcely anyone at the Government house when the remarked: "Osca.r, this is not so very prudent for you to be here with only committee arrivedY one rifle in this street." A. Scarcely anyone there except porters. After Mr. Cooper began to read Q. Where did you see the troops first? the proclamation-then different ones came out of the offices-clerks and A. !came up from Monolalua by a back street and turned into Nuuana. offiCials-while the proclamation was being read. street, one house above :Mr. Stevens's, and as I turned the corner I saw the Q. Some of the provisional government troops, or rather troops raised at American troops marching up toward Mr. Stevens's house, and directly in the direction of the committee of safety, came on the ground before the front of his house. . reading of the proclamation was finished? Q. Did you meet Mr. Henry Waterhouse? A. When we arrived there was but one man with a rifle on the premises, A. I met him there at that time. Mr. Oscar White; but some little time later they commenced to come in Q. What conversation passed between you? from the armory, troops that were under the supervision of Colonel Soper. A. I think I said: "Henry, what does all this mean?, If I remember Q. Was that before or during the reading of the proclamation? rightly now, he said: "It is all up." A. During the reading. Toward the end of it. Q. And what did you understand by the expression, "It is all up?" Q. Howmanytroopscamein? Doyouhave anyknowledge of the num­ A. I understand from that that the American troops had taken possession ber you bad enlisted? of the island. That was my impression. A. There were enough came in to make us feel more decidedly at ease than Q. And was that favorable to the Queen or favorable to the other side, as before they arrived. you understood it? Q. Yon could not say how many there were? A. That was distinctly favorable to the foreign element here. A. No; they kept coming in right along. They got to be quite a body. Q. You mean the movement for a provisional government? Q. After the reading of the proclamation the late ministers were sent for? A. Yes. A. After the reading of the proclamation we adjourned to the office of the Q. Did you see Mr. Stevens that day? minister of the interior\ and then we commenced to formulate our plans and A. No; I did not see him that day. get ourselves into working order. Mr. Dole was at the head. While we were Q. What is :Mr. Waterhouse doing now? there in consultation Mr. Cornwell and Mr. Parker came up there from the A. Henry? He is a member of the council. station house and held a conference with us. Q. Was he a member of the committee of public safety? Q. What was the purport of that conference? A. If l remember right, he was. A. The result of that conference was that Mr. Bolte and myself were re­ Q. Is that his signature [exhibiting letter of committee of public safety to quested to return with Mr. Cornwell and Mr. Parker to the station house and Mr. Stevens]? recommend and urge upon the parties in_power at the police station to sur­ The letter is as follows: render to the provisional government. We had a conference with the min­ isters in the room occupied generally by the deputy marshal. There were HA WAill.N ISLANDS, Honolultt, January 16, 1893. present Messrs. Peterson, Colburn, Parker, Cornwell, Bolte, and later Mr. SIR: We, the undersigned, citizens and residents of Honolulu, respectfully Neumann, who was asked to come in. After consultation of the matter of represent that in view of recent public events in this Kingdom, culminating their yielding up their power to the provisional government, they asked to in the revolutionary acts of Queen Liliuoka.lani on Saturday last, the public be let alone for a few moments, and I went into one of the rear cells in the safety is menanced, and lives and property are i-'1 peril, and we appeal to you corridor with Marshal Wilson, and urged him very strongly to give up any and to the United States forces at your command for assistance. ho~ or any thought of making any attack, or resistance, more properly. • The Queen, with the aid of armed force, and accompanied by threats of Q. What reason did you give him? violence and bloodshed from those with whom she was acting, attempted to A. I can not remember at the present moment giving him a reason, but I proclaim a new constitution, and while prevented for the time from accom­ remember distinctly saying to hun: "Now, if you will cooperate with us, if plishi.ng her object, dec~ared publicly that she would only defer her action. in future I can be of service to you, I will do so. This conduct and actwn was upon an occasion and under circumstances Q. Was there any suggestion of sympathy on the part of the United States which have created general alarm and terror. minister in your movement? We are unable to protect ourselves without aid, and therefore pray for the A. While I was in the station house, a man by the name of Bowler said to protection of the United States forces. me: "We are all prepared, but I will never fight against the American fia~." HENRY E, COOPER, Q. Was there anything in the conversation between you and him in which F. W. McCHESNEY, any intimation direet or mdirect that the United States minister was in sym­ W. C. WILDER, pathy with you, or the United States troops and officers? C. BOLTE, A. 1 can not remember any definite thing, but from Mr. Bowler's remark A. BROWN they must have thought that the United States troops were here for some WILLIAM 0. SMITH, purpose. . HENRY WATERHOUSE, Q. Was Mr. Bowler with the Queen's party? THEO. F. LANSING, A. He was. He was part of the force in the station bouse. ED. SITHR, Q. Did you say anything at all indicating an QJ)_inion that there was any L. A. THURSTON, sympathy on the part of Mr. Stevens or Captain Wiltse with the movement JOHN EMMELUTH, for the new government? WM. R. CASTLE, A. I can not remember. I may possibly hava said so. J. A. McCANDLESS, Q. Didyou thinksoatthattime? Citizens' Committee of Safety. A. I may have had an impression, but I know nothing about it. His Excellency J OH:Y L. STEVENS, Q. What was your impression? American Minister Resident. A. My impression was, seeing the troops landed here in this time of excite­ A. Yes, it is. ment and turmoil1 that-well,! suppose I might say that they could not stand Q. Did he seem then pleased or alarmed? it any longer-the Americans could not stand it any longer. A. He was very much strained and excited. There was no pleasure in it, Q. Your impression, then, was that the American minister and Captain but still there was a feeling of security. That was it. He evinced a feeling Wiftse and the troops we1:e in symp!l.thy Wlth the movement of the white of security. He was not smiling or joking. residents here in the pen din~ controversy between them and the Queen? Q. It was not a joking time. Well, you say there was nothing in the first A. While we were in the Government building and during the readin~ of visit of yours to the station house to indicate any impression on your part the proclamation and while we were allextreme}y nervous as to our personal that you be~eved the Uni~d States minister or the United States troops, or safety, I asked one of the men with me there: "Will not the American troops bot.h, were m sympathy Wlth the movement of the committee of safety? support us?, Finally I asked one of the men to go over and ask Lieutenant A. I was ~onplussed. I diq suppose they wer~ going to support us. Swinburne if he was not going to send some one over to protect us? The man Q. You did not say anything to the people m the station house to lead returned and said to me: ."Captain Wiltse's orders are' I remain passive."' them to suppose you were hopeful of aid? That is all I know of what passed between us. A. I can not remember saymg it now; I might have done so. Q. You speak of your impression. That relates to a particular conversa­ Q. Did you say it at any place? tion between two or three persons; but what was your Impression as to the A. I do not remember; I may have said it. matter of whether or not the American minister and the American naval Q. Was there an effort on the part of those who were moving for a change officers were in sympathy with the movement? of government to make that impression? A. I was perfectly nonplussed by not receiving any support. I could not A. I think there was. imagine why we were there without being supported by American troops, Q. Was that impression among the whites generally? prior to the troops coming from the armory. \Ve were not supported in any A. That I can not say. I know there was that impression. Some of the members tried to convey that impression. waa. You had not been in council with the committee of public safety up to Q. On what occasion? tha time? A. Many occasions. One particular occasion was while we were in tho A. No. Government building the day the proclamation w~ read. • Q. Well, the troops were how far off from the reading of the proclam.a­ Q. What was said, and who said it? tlon? A. Charles Carter said to me: "After you are in possession of the Govern­ .A. They were over in that yard known as Gilson yard, in the rear of the ment building the troops will support you." I think that was his remark. music hall. They were quartered there. Q. Was he on the committee of public safety? Q. Any artillery? A. I think so. 6474 CONGRESSIONAL BECORD-SEN:ATE. JUNE 29,

Q. Was he in the party that went up to read the proclamation? immediately took possession of it. It was not delivered up until after this A. He was present there during the time it was read. Whether be went conference. up with us or not I do not remember. Q. Now, how long after that was it before the provisional government •Q. It was during that time he made that remark? was recognized? A. Yes. A. Mr. Stevens sent Cadet Pringle, his ~d, and Captain Wiltse sent one Q. Was he an active promoter of the movem~nt? of his officers to personally ex.amine the building and report if the provisional A. I think he was. government was in actual possession of the Government building. That was Q. Has he any connection with the government to-dar? done that afternoon. A. No, except he is one of the commissioners in.Washington. Q. What time? Q. You have been in previous revolutions here? A. Between 4 and 5. A. I have been in the Wilcox revolution. I took quite a prominent part in Q. What time was the interview with the Queen? its suppression. I was one of the ministers at the time. A. After 4, and ended at G. Q. You had a. conversation with Mr. Carter about the time the proclama­ Q. You took reply? tion was being read? A. Mr. Neumann took the reply to Mr. Dole. A. Yes. Q. Now, when this interview was going on between you, the cabinet min­ Q. You were somewhat anxious as to whether or not you would be sup- isters, and the Queen, it was known then that the Governzoont had been rec­ ported by United States troops? ognized? A.. Yes. A. That the Queen knew it.? I do not think she was told. I do not remem- Q. Did you express any fear in the presence of Mr. Carter? ber of it being spoken of. A. Well, no man likes to tell he was afraid. Q. Didn't you know it? Q. I do not mean in a. cowardly sense. .A. I think I knew it. A. Well, with others, I was convinced that we were in a. position of danger. Q. Didn't these ministers know it then? Q. What did Mr. Carter say? A. They may have been present. 1 can not s:~.y. The provisional govern­ A. He gave me to understand that we would be protected. ment were all pres.ent when Mr. Stevens recognized it as the de facto gov­ Q. By United States troops? ernment. A.. Yes; and when we were not protected by them I wanted to know the Q. What I mean is this: Before you took the message of the Queen back­ reason why. this protest-the provisional government had been recognized? Q. Do you mean by that that you expected them to march over? A.. Yes; that is my impression. A. I was under the impression that they would. Q. Had that been done at the time you left the Government house to go Q. What did you accomplish by that first visit to the station house-any with the cabinet ministers to talk with the Queen? agreement? · A.. If my memery serves me right, it had. A.. We accomplished this-that it was a virtual giving u:p. . Q. Did not the cabinet officers know of it at this time? Q. What was said? What did the ministers say? A.. I can not say. A. This is my impression of it to-day: That if they had only to contend Q. What do you know about the contents of the constitution she wanted with the provisiOnal government and the forces of the provisional govern­ to proclaim? ment that they would not give up. That was the impression that! gathered A. It is too long to write down. I can tell you my connection with it. from them; that they felt themselves equal to the occasion so far as the pro- Q. Have you seen it? visional government went. , A. No. Q. 'rhen, having that sort of feeling, what did they propose to do? Q. What is the aspiration of the native mind as to the form of govern­ A.. They proposed to immediately deliver up. Then they went up, four ment? of them, and had a parley with Mr. Dole and the provisional government. A. I think that their ambition is to obtain the power through the vote. They agreed to desist, but said they must go to the Queen and get her to They have tasted what it is to hold the control by the vote, and they are very confer with them. tenacious of that right. They are to a cert::tin. extent clannish in that idea; Q. So far as they were concerned they were willing to yield, provided the but the trouble comes in that they have not used that power wisely, and it is Queen was? the fact of the Polynesians combinin~ in their votes to retain the power-and A.. Yes. Then I went along with them to the palace. We all met in the forgetting the intelligent power of tne A.nglo-Saxons, even when in a minor­ blue room. There were pre8ent the Queen, two young princes, the four ity-that has caused the trouble. The real break in the Hawaiian sy tern of ministers, Ju!l_ge Widdema.n, Paul Neumann, J. 0. Carter, E. C. McFarland, government commenced at the time of Kameham~ha V when he took away and myself. We went over between 4 and 5 and remained until6 discussing their old constitution and gave them a constitution of hL"'1 own making. That the situation. started revolutions in this country. There is the starting point whore the Q. In that conversation you asked for a. surrender of the forces, and the roads diverged which has brought about the succession of unrest in different ministers advised it? governments from that day to this. A. The different ones spoke, and they all recommended it. Each one spoke Now, the Hawaiians from that date, or within close proximity to it, com­ At first Judge Widdeman was opposed to it, but he finally changed his mind menced to feel what it was to have the vote, and what influence thev could on the advice of Mr. Neumann. Mr. Neumann advised yielding. Each one exert, and naturally the Hawaiian, as the weaker race, have attempted in adviseod it. every succeeding Legislature to work to!lether; but there has always bt-en a Q. Was this advice or Neumann and the cabinet based on the idea that the disintegration m·every Legislature. They could not hold themselves together Queen would have to contend with the United States forces as well as the compactly as a body. Whenever they have had the opportunity to exercise forces of the provisional government? this :power it has not been at the level of the intelligent Anglo- axon idea of A. It was the Queen's idea that she could surrender pending a settlement making laws or ca.:rrying out a system of government. It h!l.S chafed the at Washington, and it was on that condition that she gave up. If I remem­ .An.,.lo-Sa.xoa. He would not tolerate H. He has found that be could control ber right, I spoke to her also. I said she could surrender or abdicate under •it indirectly, if he conld not directly, by hi superior oducation and intelli­ protest. gence. The Hawaiians had gr0wn to a feeling of independence, and in com­ Q. And that the protest would be considered at a. later period at Wa-sh­ pany-with the Queen they wanted to throw off that Anglo- axon domination ington? which h9.s been with them and controlled them all these years. When it came A. At a later period. to that point that they felt that they could do it, then the clash came. Of Q. Did the cabinet in recommending her to yield to the provisional gov­ coursetherea.re other reasons which bronghtit about. But itis the clashing ernment give her to understand that they supposed that the American min­ of two nationalities for supremacy. ister and the United States troops were in .sympathy with the provisional q. That was the great underlying cause? The financial questions were government or with. the committee of public safety? inc1dental question? A.. I know it was the Queen's idea. that Mr. Stevens was in sympathy with A.. That was theunderlyingcause-theHawaiian thinking, because he had this movement. a majority of votes, that it gave him power. He didn't recognize that the Q. But I am asking now as to what reasons the ministers gave for her intelli~Emce and strong will of the Anglo-Sax:on would beat him every time. acquiescence. Q. The Hawaiian .Almanac and Annual for 1891 states that in the general A. It was their idea that it was useless to carry on-that it would be pro­ election for 1890 the total vote for nobles throughout the islands was 3,187, vocative of bloodshed and trouble if she persisted in this matter longer; that and that the total vote for representatives was 11,671. That is a. bout correctt it was wiser for her to abdicate under protest and have a hearing at a later A.. I should judge so-that is a very correct source of information. time; that the forces against her were too strong. Q. That would make 8,48! more for representatives than for nobles? Q. Did they indicate the United States forces at all in any way? A.. Yes. A. I do not remember their doing so. Q. Does that difference grow out of the fact that there is no moneyed qual­ Q. Do you know whether or not at that. time they were under the impres­ ification to vote for repre-entatives, but for nobles there is required a prop­ sion that the United States forces were in sympathy with the revolution? erty qualification of :>3,000 (unencumbered) or an income of 600? A. Beyond an impression I know nothing definite. A. Unquestionably. That disparity of numbers, if it had been carried to Q. What was the result of this conference with the Queen? What was a fine point, would have been very much largtJr. but there was and is a laxity agreed on? in the admittance of many people to vote for nobles. A. She signed a document surrendering her rights to the provisional gov­ Q. Now, that 3,187 votes for nobles was generally a white vote, was it not?' ernment under protest. A. There was a good many Hawaiic'l-ns in that vote for nobles. Q. Is this the prote:;~ on page 22, Execu.tive Document No. 76, Fifty-second Q. What proportion wo.uld you say as between whites and natives? Cru:igress, second sess10n? A. I think those statistics could be got for you. It would not be wise for A.. Yes. This was written out by Mr. Neumann and J. 0. Carter while we me to say. I should think about 25 per cent. were present. She was reluctant to agree to this, but was advised that the Q. Native vote? whole subject would come up for final consideration at Washington. A. Yes. Q. Did you at the time consent to recommend this proposition or not? Q. The balance was a white vote? A. I was there as a. member of the provisional government, but I did not A. Yes. advise as to the wording of it. I did tell her that she would have a. perfect Q. It was in the power, then, of the whites united to elect the body of n o- right to be heard at a later Reriod. bles, was it not? Q. By the United States Government? .A.. The whites as a rule used all their inftuence to control the noble vote. A.. Yes. Q. Why did the whites use all their inflnence to control the noble >ote? Q. You yourself at that time. before consulting with your colleagues, A.. Because it was their only hope of controlling or influencing legislation. were favorably impressed with tha.t settlement? Q. ·How m.a.ny nobles and how many representatives were there under the A. Well, it was the only settlement that could be brought about. Person- constitution? · ally I was satisfied with it. .A. Equal-about 2! each. Q. And you took that back to the provisional government? Q. If the whites could get the 2! votes of the nobles, then they had an abso­ A.. Yes. lute bar to any action by the representatives or the King? Q. And they rejected it? A. That was the intention. A . It was received and indorsed by Mr. Dole. Q. If they got two or three representatives they had control of legislation Q. Now, was there any message sent to the Queen after that? so tar as that legislative body was concerned? A. No. A. If it had been carried out to its logical conclusion, if; would have been Q. No message declaring that they would not accept it? so; but, as the result proved, they were not able to entirely controlt.he noble A. No. vote. Q. The surrender was then made on that proposition? Q. Now, if they had been able to entirely control the noble vote, and to A. Ye. ; well, then she sent down word through Mr. Peterson to Mr. Wil­ get some of the representatives, they could have determined the question of son to deliver up the station house. That wound up the whole affair. We the cabinet? 1898. OONGRESSIONAL RECORD-SENATE. 6475

A.. Yes. the Australian-ballot law, what do yon think would be the result of a free Q. They could have removed any cabinet that did not suit them? expression of the people in the matter of annexation at this time? A . Yes; provided nil the whites had banded together. A. The sentiment IS a growing sentiment. but at this time! think a major­ Q. I suppose sometimes the whites didn't keep banded together-and the ity would not vote in favor of it, but, given time to realize it, they would. nattves in all things? Q. How much time do yon think would be necessary to bring about such a A. Yes. condition of things in these islands? Q. Yon had within yourselves those sources of power? A. I think if the provisional government is kept in very long they will A. Yes. come to it very quick. · They do not like the provisional government, for Q. That was the principal cause of a~Ptation for many years in elections? the reason that it is a government that has not been placed there by their A. Yes. Where the Hawaiian felt t.nat his cause was weak, and it was to votes. I am quite sure I have given you a correct answer. that point that, so far as they were able, they were striving so as to main­ Q. At the time of the dethronement of the Queen was it known in the tain the control. other islands? Q. Now, :Mr. Damon, do you think that you could have good government A. No. here on the basis of an educational qualification for voters, so as to allow Q. They knew nothing of it until after it was accomplished? everybody who could read and write to vote? A. They did not. A. Yes; provided there was some strong power, as one might say it-as in Q. Then it was accomplished by the Honolnlu movement? an unruly school- t o preserve order. A. Yes. Q. Do yon think that you could maintain a state government like the Stat.es Q. What is your condition here as to the matter of acquiescence of the na­ of tne American "Union with that sort of suffrage? tives with existing authority-their observing order? A. My personal opinion is that we could grow up into that by a period of A. If they had a real, able leader, in whom they had perfect confidence, he trial, until the voter appreciated what a vote really meant. could collect quite a force to follow him. Q. How long do yon think that would take to get the native popnlation up Q. To attack the existing Government? to the high standard of the whites on that question? Can you see any time A. Yes. - definitely or clearly? Q. Do you not apprehend any such movement? A. I am of this opinion-that they have had so much given to them in this A. No, unless that in a period of excitement it should spring up; and, country-everything has been so free to them, that they have not appreciated therefore, I have advised a strong force being retained, because we did not the advantages thattbeyhave; but when they get to be deprived of the fran­ know but in some moment of excitement somebody would take advantage of chise for a period of, say, five years, until they have wrestled for it and it and make trouble. waited far it, that when it i'3 given to them eventually they will appreciate it. Q . What number of troops have yon under pay? Q. Do you think that in five years after annexation yon could give to every A. One hundred and seventy in all. The artillery is hardly to be spoken native who could read and write the right to vote? of-but one company. A. Yes; provided the franchise was extended to other nationalities here. Q. How many pieces? Q. What other nationalities here? A. They have some eight or ten pieces, but, from motives of prudence, A. There is a growing Portuguese element here. There is a growing in­ they have locked up the intricate parts in vaults. telligent Japanese element here of the better classes, and those Chinese who Q. So far as you know, the natives have no artillery? are born in the country and have interests here. · A. No. Q. What sort of interests? Q. Noarms? A. Either commercial, agricultural, or professional. A. No great quantity. They have scattered rifles and pistols. Q. You make the same qualification as to votes for all of them? Q. Do they amount to anything in case of contest? A. Yes. ... A. We have no means of telling at this time. Q. Suppose the Chinese were not allowed to vote-then what? A. The¥. have not the same desire, except in isolated cases, for voting that TUESDAY, May 2, 1893. the Hawaiians, Portuguese, and Japanese have. They have not been accus­ Q. Mr. Damon, at the time of the writing of the protest of the Queen on tomed to it. the 17th day of January, 1893, signed by herself and ministers, had the pro­ Q. Do yon allow any Japanese to vote here now? visional government been reco~nized by the American minister, Mr. Stevens? A. No; not at present. • A. It is my impression that It had been, but I CJ~,n not say positively. Q. I mean, before the revolution? Q. Would the conversation you had with the Queen on that day aid yon in A. No. determining that fact? Q. Any Chinese allowed to vote? A .. I do not think it would. A. No. Q. In referring to Mrs. Wilson living with the Queen, in a previous part Q. Is there anything you desire to say, Mr. Damon, other than what you of this statement, did yon mean to say that she stayed with her at night? have said? A. I meant to say that she was with the Queen a great deal of the time- A. I would say that I was born here, brought up here, and have a sincere both day and night. regard for the Hawaiian people, because they have many goods traits. They Q. As a companion? have shown a desire, especially the generation which is now and that which A. Yes; as a personal friend and companion. is coming on, to put themselves forward if they knew how, and though they Q. But where do you suppose she slept-at the bungalow or palace? may be a diminishing race they are a hopeful race that have not given up A. My impression is that her quarters were with her husband in the the struggle to keep up the Hawaiian name. If we are going to educate bungalow. them it is just so much thrown away unless they can have some hope held I have carefully read through the foregoing and pronounce it an accurate before them that they will be recogn.imd as men in future, and if there is report of the two interviews between Mr. Blount and myself. anything I could do to assist them, especially the young and upright Ha- S. M. DAMON. . waiians, I would like to do it, because they have invariably treated me­ whether sovereign,_ chief, or common Hawailan-with such invariable kind­ Mr~ CAFFERY. I then offer the protest of the governor of ness that I should tie lacking in manhood if I did not want to help them up if Oahu against the landing of troops, to be found on page 572 of possible. the same document. Q. As to integrity in business matters, how do they compare with people in tneir condition in life gen('rally? The protest referred to is as follows: A. I think the mistake has been made that you take a Hawaiian and com­ OFFICE GOVEPSOP. OF OAHU, Honolulu, Januaty 16, 1S93. pare hlm with the Anglo-Saxon standard and expect him to be up even with him when he has not had time and opportunity to fit himself for that stand­ . SIR:. It is my dutJ: to solemnly _Pr_otest to your excellency against the land­ ard. Yon should compare the Hawaiian with what he is to-day and what he mg thiS evenmg. mthont periD.lSsJon from the proper authorities., of an was fift y years.ago. armed force from the U. S. S. Boston. Your excellency well know that Q. It is better to compare him with some race that e.xists to-day. when yon _have de _ir~ to land m•n•l forces ~f. the United States for the pur­ A. He does lack what is called backbone to carry out to a finish any project pose of drill, permiSSlon by the local auth~· 1 t1es has been readily accorded. that he has. On the present occasion, however, the circumstances n-:.-c ditferent and Q. Business or otherwise? ostensibly the pr~t landing is for the di~charge of functions which are A. Yes. distinctly responsible duties of the Hawaiian Gov e rnm ~nt . Such beina the Q. But would yon say that generally he was an honest man? case, J am_ compelle_d to impres upon your excellen cy the international A. I should say so; yes, questions mvolved m the matter :md the grave responsibility thereby as­ Q. ls there any fear of violence to the persons of womeh on the part of the sumed. natives? · While solemnly protesting to yoill' excellency against this unwarrantable A. I think he is in advance of what is called t.he ordinary white man in proceeding to which I have referred, that r espect. I have the .honor to remain, sir, your excellency s obedient and humble Q. That is a striking feature in his make up, and that is always appreci­ servant, ated by the best elements here? A. S. CLEGHORN. A. Yes; and why it is so is that it is only a few years since he looked to Governor of OUhu. the white men as a superior race, and he at heart feels that they are a supe­ His Excellency JOHN L. STEVEN~, rior race to-day. EnVfYIJ Extraordinary and Minister Plenipotentiary, Q. Now, is that entirely correct? United States of America. A. A more powerful race, perhaps. Q. Well, now, as to another point let me ask you: Wilson lived in the Mr. CAFFERY. I desire also to insert Minister Stevens's reply bungalow with his wife and children? to the governor's protest, to be found on page 572 of the same A. His son is in California. He has no other child. document. Q. He lived with his wife then? A. Yes. I have heard that he had a strong iniluence over the Queen for The statement referred to is as follows: many years, because Dominis, her husband, was a weak man. Wilson is a strong-willed, powerful man, and she has looked to him as a protector. UNITED STATES LEGATION, Hon olulu, Janua'-y 17, 1893. Q. He was in command of the police forces? Srn: Yours of y~terday, the _16th, :r:egarding the landing of the United A . Yes; at the time. and ever since she was Queen. States naval forces m Honolulu. IS received. I have carefully read its terms Q. The palace gates have been guarded? and ~PO!~· M~ responsib~y as the_ U n}te~ ~tates minister plenipotentiary A. Always. - at th1s cntical time m Hawanan affairs 1t IS Impossible for me to ignore. I Q. Who commanded the guards? assm·e you that in whatever responsibility the American diplomatic and A. Now lein and Wilson commanded the police force. Both were intimate naval representatives have assumed or may assume, we shall do our utmost friends of the Queen. to regard the welfare of all present and interests concerned. Q. He lived in the palace? Yours, sincerely, and with the kindest consideration, A. He lived in the bungalow-report said so. He has his own dwelling JOHN L. STEVENS. about a mile from here. Hon. .A. 8. CLEGHORN, . Q. Yon do not understand that he and his family lived in the palace proper, Governor of Oahu. W1th the Queen? A. N o; they bad a house in the ym.'d. Q. lf the question of annexation was submitted to the people of thP.se Mr. CAFFERY. I offer the testimony of Mr. Boyd, consular islands, with no p;.·operty qualifications. but only the qualifi<'.ation that the clerk, commencing on page 265 of the same document, showing elector should read and write, and conducted on what is sometimes termed the quiet condition of the islands at the time of the revolution. 6476 CONGRESSIONAL . RECORD=-SENATE: -"'- ~ - JUNE 29, ...J:

The testimony referred to is as follows: Q. Was this a continuing feeling up to the dethronement? A. Yes. Interview with W. Porter Boyd, consular clerk, Honolulu, Tuesday, Jwne 13, 1893. Q. Now, Mr. Boyd, in view of what you have stated and what yon ob­ Q. Mr. Boyd, what is your occupation? served that day, would you suppose that this feeling restrained action on'tlie .A. I am in tlle consular service. part of the Queen and her friends a~ainst the committee of safety? · Q. In what position? A. Yes, sir. A. I am a consular clerk and vice-consul-general at this place. Q. Did you see Mr. Stevens on Monday, the 16th of January? Q. Were you at your office on the 16th of January, 1893? A. Yes. A. Yes, Sll'. Q. Had he been aboard the Boston? Q. Were you on the streets on that day? A. I was told he bad been there all afternoon. .A. Not until the afternoon about the time of the meeting. Q. Bywhom? Q. Where was the meeting held? A. Mr. Severance. A. At the armory. Q. How did Mr. Severance know it? Q. Was there any signs of disturbance on the streets? A. Mr. Stevens, I believe, had told him. A. No, sir. Q. Did he say what he was there for? Q. Business going on as usual? A. No, be didn't. A. Yes, up to the time of the mass meeting, when they closed to go there. Q. Was Mr. Stevens at the consulate? Q. Women and children on the street as usual? A. Yes. He said the Boston boys were going to land and would detatl a A. I think there were very few women and children about. guard for the consulate. Q. Was there any excitement looking like disorder? Q. Had Mr. Severance any desire for it? A. No; I do not think there was. I didn't see any of that. A . No; it was the first knowledge he bad of it. Q. Was there any suggestion of disorder except what might come from Q. Had you any uneasiness at the consulate-general? the movements of the committee of safety? A. None whatever. A. So far as I know there was not. Q. Did you hear anything from the telephone or otherwise in reference to Q. What I wish to know-was there anything exciting the public mind ex­ the landing of the troops? . eept those events growing out of the movement of the committee of safety? A. Only that they were landing, and asked why they were landed. A. I should say there was not. Q. Who asked? Q. Was there any indication of hostility manifested by the carrying of A. The central office asked first. arms or threats on the part of what may be termed the royalists? Q. Did the people in the city make any inquiry? A. To my knowledge there was not. A. Yes; some. . Q. Did you attend the mass meeting? Q. Did it seem to be a surprise generally? A. Yes, sir. A. Yes. Q. As an observer? Q. Was it a Slll'Drise to you? A. Yes. A. !twas. Q. How many people do you suppose were there? Q. There was nothing in the city to indicate the need of military forces, A. I should say from eleven to twelve hundred. so far as you could see? Q. Many Portuguese there? A. Nothing, so far as I could see. A. I can not answer. I do not know. Q. Did you have any conversation with Judge Hartwell January 14, 1893; Q. What did yon understand to be the object of that mass meeting from did you hear any conversation between him and Lieutenant Young? what you saw and heard? .A.. Not further than that he S.'lid thatsomethingwoulddropabout3 o'clock, A. It was first to bear the report of that committee of thirteen, and then and asked if he was going to be aboard. He said all the officers will know. take other steps for the protection of the persons and property of citizens of Q. Are you sure that was on Saturday? the islands. A. 'rhat was immediately after the prorogation on Saturday. · Q. What did yon understand them to mean by the protection of the per­ Q. Did Mr. Atherton s_ay anything on the day of the proclamation dethron­ sons and property of citizens? ing the Queen? What d1d be say? A. I understood that it was to prevent the change of the constitution. A. Mr. Draper, I think, Mr. Severance, and myself were with some others Q. Did yon understand that it was to dethrone the Queen and set up an­ in the office, as was Captain McCullough, of theW. G. Irwin. We were all other government? impatient. Everybody was anxious to know what was going to happen. He A. 'rhat was not my understanding at the time. said something was going to happen about 3 or 4 [o'clock]. Q. Was that the understanding in the community so far as you can gather Q. He didn't say what it was? from conta<:t with people? A. No. I had no idea-what it was. Of course I had some idea. A. I should say that of the very pronounced annexationists that was their Q. Were you not thinking about dethronement? wish-that was their object-but whether this meeting was for that purpose A. Yes. I was. I do not know. Q. Is this Mr. Atherton the man in whose yard the Boston men stopped Q. There was no expression in the crowd, so far as you could gather, con­ when they first landed? taining the idea that this was a movement to dethrone the Queen and set up A. Yes, sir. another government? Q. After they landed they went up by the palace? A. No, sir. A. Yes. The main body went on up to Atherton's yard. They stopped Q. Had you heard of any meeting of the committee of safety before that there a few hours. It was after dark before they went back to Arion Hall­ meeting? back of the opera house. A. I had heard that they had bad meetings, and that they bad a report to Q. Did Mr. Atherton seem to be satisfied over what was going to happen? make. A. Yes. He seemed to be satisfied that everything was' coming out as he ~bed. , Q. Did you bear what it was to be? Q. Any excitement on the street before the pistol shot? A. No sir; and I do not believe anyone else did. A. No; just the ordinary crowds walking about. Q. After the mass meeting, what did the people do? Did they go to work Q. Did they seem to know what was going on? again that afternoon? A. No. A. I think they did-I think the stores were open. Q. Were the stores open? Q. Don t you know? A. Yes. A. No; but that is my impression now. On second thought I am sure that Q. Any ladies on the street? th~ry opened their places again. A. Very few. (q!. Do you think that the crowd that came to that meeting and then went Q. Any children? away and went back to their business bad any impression that the Queen A. I do not know that I noticed any children. was going to be dethroned the next day? Q. What time did they close the stores? A. I do not believ~ that they thought that. Everything was left in the A. They closed them when the report of the pistol was heard, so far as I hands of the committee. The mass meeting gave the thirteen power to go remember. ahead and do what they thought best; and only that thirteen knew, so far Q. What did they do then? as I can learn. A. They went out on the street, toward where the shot was fired. Q. But there was no mention that the power to do what they thought best Q. Did they go armed? went so far as tO" dethrone the Queen? A. Not to my knowledge. A. Not any further than the way they denounced the action of the Queen Q. As if they were going to fight, or only as if to see what was going on? on the Saturday before. A. Just for curiosity. Q. But would that indicate that they meant to dethrone her by denounc- Q. No manifestation of any hostile movement? · ing her action 'I . A. None whatever. A Mr. Paris, connected with the Advertiser, was our A. Yes; itwasmyimpression ~hat it ~o~ld be e1ther that orshewould authority. We used to question him, and be used to tell us what was goin~ remain on the throne under certa.m restnct10ns. . on. In the afternoon he told us there were three different places where they Q. Was there any excitement when t!J.e troops landed that evenmg other were enlisting to support any movement the committee wlShed to make. than that growing out of the fact of seemg troops landed? Q. Did those men who were enlisted have arms? A. Yes; of course mtrch more than if troops had been landed, as they have A. He didn't say so, or where they were going to get them. been before, for drill. Q. Was that after the proclamation or before? Q. Were many people down at the wharf when they landed? A. It was before. ' £.. 1 do not think so. They did not seem to know until the troops were Q. Did he say what they were enlisted for? landed. Both central offices rang us up and asked us why the Boston troops A. To carry their point. He did not say what it was. were landed. . I have read the foregoing and it is a correct report of my interview with Q. Was it understood that they landed at the request of the comm1ttee of Mr. Blount. safety? W. P. BOYD. • A. Yes, sir. . ' . Ho~OLULU, June 13,1893. Q. Why did the committee of safety want them to land if everything was quiet? Mr. CAFFERY. I also offer the statement of Chief Justice A. They knew what they were going to do, and they feared some trouble or some interference in their plans. . A. F. Judd, being a history of the constitutions of Hawaii, to be Q. Now, was it understood so far as you could gather, by both annexatlOn· found on page 362 of the same document. ists and anti-annexationists, that those troops were friendly to the movement The statement referred to is as follows: of the committee of safety? A. Yes, sir. Intel'View with Chief Justice A. F. Judd, Honoltt.lt~, May 16, 1893. Q. Was it encouraging to one side and depressing to the other? Q. Please state where you were born. A. I should say it was-for the reason tbat it was at the request of this A. In Honolulu, January 7,1838. committee, and the others did not know what it was for. Q. Has this always been lour home? Q. Did anti-annexationists seem to be depressed when they found the troops A With the exception o four years in the United States, two at Yale and had been landed? the other two at Harvard law school, and on occasional visits to the States A. Yes. and a trip to Europe. I eutered the practice of law in this country in 1864, Q. Were they apprehensive that they would be favorable to the other side! and was elected twice to the Legislature, in 18ti8 from South Kona, Hawaii, and A. I should say they were. again for Honolulu in 1870, and in 1873 I was appointed attorney-general by 1898. CONGRESSIONAL RECORD-SENATE. 6477

Lnnalilo, and on his death in 1874:, on the election of Kalakaua, I went onto "One for the district of Puna. the bench as associate justice of the supreme court. I continued on the bench •• Two for the district of Hilo. until now, having held different positions. I took the position of first asso­ •• One for the district of Hamakua. ciate just. ice in 1!!77, and was appointed chief justice in 1881. I have been in "One for the district of Kohala. judicial life since my first appointment as jud~e in February, 1874, and have "For the island of Maui, seven, that is to sav, two for the district composed had my office in the Government building durmg all that time, and am some­ of Lahaina, Ukumehame, and Kahoolawe. · what familiar with political changes that have taken place. "One for the district composed of Kahakuloa and Kaanapali. Q. How wert) your judges selected prior to the constitution of 1887? "One for the district beginning with and including Waihee and extending A. They were appointed to and including Honuanla. Q. How selected prior to 1887? "One for the distl'ict beginning with and including Kahikinui and extend­ A. They were appointed by the King. The supreme judges have always in!f to and including Koolau. been appointed in that way and, whatever has happened to this country, I 'One for the district beginning with and including Hamakualoa and ex­ think the sovereigns have at1ways aimed to give us good men as judges. tending to and including Kula. Q. Who did Kalakaua appoint first as jndges? "Two for the districts composing the islands of Molokai and Lanai. A. Judge Allen was chief justice under a former appointment-he being "For the island of Oahu, eight, that is to say, four for the district of Hono­ in the United States at the time of Kalakaua's election, of course was merely lulu, beginning with and including Maunalua, and extending to and includ­ continued in office. The other judges were Hartwell and Widemann. ing Moanalua. Hartwell was appointed attorney-general and Widemann as minister of the "And one for the district composed of Ewa and Waianae. interior. Judge Harris was then made first associate justice and I second "One for the district of Waialua. associate justice. "One for the district of Koolauloa. Q. None of these were men of native blood? "One for t.he district of Koolaupoko. A. None. "For the island of Kauai, three, that is to say: One for the district of Q. Were they men of substantial character? Waimea, beginning with and including Nualolo and extending to and includ­ A. Yes; all of them. We have had two judges of native blood on the ing Hanapepe, and also including t.he island of Niihau. bench. . "One for the district of Puna, beginning with and including Wahiawa, and Q. Appointed by whom? extending to and including Wailua. A. By Kamehameha III and Kamehameha V. The first was Judge Ii. He "One for the district of Hanalei, beginning with and including Kapaa, and was a pure native. The other judge of native blood was R. G. Davis. He extending to and including Awa-awa-puhi." was half-white. Please say how many representatives you had under that? Q. How was your Legislature made up prior to the constitution of 1887? A. Twenty-six. A. It consisted of one body; nobles appointed by the Crown and represent- Q. When was that established? atives elected by the people. A. There have been laws of this charader altered little by little, but a law Q. How many nobles? of this general character has been in existence from very earl::v times-that A. Twenty. is, from 18&2. There would be occasional changes, adding one representative Q. How many representatives? to one district and taking one away possibly from another district. A. It seems to me twenty-four-perhaps twenty-six-! do not know posi­ Q. I ask yonr attention to section 774 of your compilation of laws: tively. "The house of representatives shall be composed of not less than twenty- Q. The number of representatives exceeded the number of nobles prior to four nor more than forty members, who shall be elected biennially." 1887? Prior to 1887 you had m a legislative body twenty-six representatives? A. I do not remember, but I think so. A. Yes. · Q. How were nobles selected? · Q . Was it ever larger than that? A. Appointed by the King on nomination by the cabinet. A. I think not. Q. And the representatives were- Q. That gave them a popular element in the Legislature-a majority over A. Elected by the people. the power of the King as represented in the nobles? , Q. What suffrage qualification had you? A. That is the way it was generally exercised. The King never appointed A.. Under the constitution of 1852 there was no property qualification. his full number. The legislature consisted of two houses that sat separat.e!y. King Kameha­ Q. But the constitution itself provided that he might appoint thirty and meha V refused to take the oath to that constitution when he took the throne that the representatives might be forty? in the fall of 1863, and he called a convention of delegates to revise the con­ A. Yes, sir. stitution, with the purpose of limiting the power of the people and strength­ Q. The fact was he generally appointed twenty, and the representatives ening his own prerogatives. I was secretary in that convention, and aft-er a were twenty-six? very warm discussion the King was unable to agree with the delegates as to A. Yes. the measure of that Jlroperty qualification. He then dismissed the conven­ Q. So that there remained from this an excess of political power in the tion and proclaimed the constitution of 18M, which prescribed a small prop­ representatives in the le~>'islative body as against the Crown? erty qualification for voters. A. That is true; but they rarely ever divided on that issue-nobles on one Q. What was the amount of that property qualification? side and representatives on the other. Some of our best legislation was A. Two hundred and fifty dollars a year, l think. accoll!pJished through the nobles. They were excellent men. Q. Was that property qualification for voters the main point on which the Q. What class-of men generally? King and the convention disagreed? A. Such men as Mr. C. R. BiEhop, S. G. Wilder, and Mr. Dowsett. They A. !twas. were appointed by Luna.lilo, who filled up the body to twenty. Q. Prior to that there was no property qualification? Q. Were they generally appointed from the class of men who represented A. No. the intelligence and wealth and morality of the community or not? Q. This constitution of 1864: then came by virtue of a proclamation of the A. In those days they were nominated to the Kina by his cabinet, and Kin ? th~y were representative of the property of this Kingdom, combining also a A~ It did. The people acquiesced in it after awhile, and, although there fair representation of character and intelligence, until the middle of Kala­ was a good deal of dissatisfaction felt, the people voted under it and agreed kana's reign, when, as vacancies occurred, he would appoint natives gener­ to it, and a good many believed that it was wise-that is, making the Legisla­ ally, who did not have these characteristics of wealth, character, and intelli­ ture of one house and not of two. gence. Q. Prior to the constitution of 18M how were nobles appointed? Q. How was a ministry appointed and removed1' A. By the King. A. Under every constitution prior to 1887 the ministers were appointed by Q. What sul>port had the King in reducing the franchise of the native pop- the King and removed by him; but until Kalakaua's reign it was a very rare ulation of the 1slands? thin~ that any King changed his ministry. They had a pretty long lease of A. He had t.he support of his cabinet, and I think that is about all. polittcallife. My father was minister for nine or ten years, and Mr. Wyllie Q. What was the disposition of the more intelli~ent people here? for a longer period. It was a very rare political occurrence\ and made a A. They conside1·ed it very arbitrary. The King at that time waB very great sensation when a change was made. Under Kalakana. things were dif­ much opposed to the growth of American influence and republican ideas. ferent. I think he had twenty-six different cabinets during his reign. He was very bitterly opposed to the influence of the Americans, and espe­ Q. How long was his reign? cially American missionaries. His aim was to strengthen the royal prerog­ A. From 1874 to 1891. atives. Q. What were the property qualifications of electors prior to 1887? Q. But if he cut off the number of native votes by property qualifications, A. None-no property qualification. would he accomplish any addition to his strength? Q. They had to be 20 years of age, and to be able to read and write? A. He had one house then only, and there could be no negative action on A. If born since 1840, they had to be able to read and write; but this test any affirmative action of his. It was not necessary for him to have a ma­ was rarely applied. If born before that, there was no qualification at all. jority of each house. Q. Under the constitution of 1887 the same qualification of an elector for Q. Were the bodies equal in number? representative was continued? A. I think not; I think the represent-ative body was larger. It was pro- A. Yes; substantially the same. portioned according to the population of the districts. Q. Was there any very considerable change in the matter of the qualifica­ Q. Under the constitution of 1864 did you have a property qualification? tion of a voter for representative under the constitution of1887in the matter A. We did for a while. - of allowin~ foreigners to vote? Q. Howlong? A. There was. A. For several elections. It was finally eradicated by amendments to the Q. Please state it. constitution. A. Previous to that time omy citizens could vote-that is, native born or Q. In what year? naturalized, or those who had received letters of denization. The constitu­ A. I can only speak from memory, but certainly before 1870, bnt I cer­ tio~ ~f 1887 allowed all residents, if they had those qualifications, excepting tainly can not say without reference to books. AsiatiCs, and they were not allowed to vote, even those who were citizens by Q. How was that brought about? What state of opinion bronght that naturalization. o.bouU Q. Did that cover the Portuguet:te element? A. It was mainly the feeling that this was an encroachment. Public sen­ A. We allowed Portuguese to vote. timent did not feel the necessity for it. Demagogism was then not preva­ Q. Then the races that were excluded under that from the privilege of lent. I think the Hawaiians voted better then than they do now. That is, votmg were the Chinese and the Japanese? demoralizing influences had not set in. A. Yes. Q. At that time, I suppose, it was somewhat of a struggle between the Q. How about the qualifications to read and write for that class of voters­ King and the people? I mean the Portuguese, Americans, and Europeans who were allowed to A. Yes, precisely. vote? Did the qualifications as to reading and writing apply to them? Q. And they were attempting to 1·ecover a part of the power they had lost A. It did. under that constitution? Q. Were there many Portuguese then voting under the constitution of A. Yes. 1881? Q. I see in the compilation of your laws, page 220, section 780, the following: A. A good many voted. Not having the statistics b;,fore me, I can not·say "For the i

Q. The cabinet was appointed by the Crown? containing those provisions that I have before alluded to. It was very A. Yes. adroitly managed by the Ashfords, and more especially by V. V. Ashford. Q. And how rt~movable? who obtained the confidence of the King and Mr. Gibson. He was the colonel A. Only by vote of want of confidence passed by a majority of elected of the rifles, and he assured them that if he was paid a certain sum of money membet·s. . and made minist-er to Canada that he would arrange it so that the movement Q. What was the character of the increased power of the cabinet under would be futile. the constitution of 1887 over that of 1864? Q. How was he to do that? A. It made the ministerial r&sponsibility clearer, I think, than it e::tisted A . By preventing the use of the military, I suppose. And he arranged under the constitution of 18M. with the military authorities and Captain Haley that they should be called Q. In what way was it made clearer? out to preserve public order, altliough it was this lar~e and well-drilled foYce 1\. . By express provision after 1887, if I mistake not, saying that whenever which made the King fear that if he did not yield things would be yery crit­ any act was to be done by the sovereign it was to be done by and with the ical for him. ad rice of the cabinet. That the supreme court has held to be the advice of a Q. Was that a Government force? majority of the cabinet. A. It was organized under the laws. Q. Would that be so in the matter of the exercise of the veto power? Q. A volunteer organization? . A. We thought not. That is, the justices of the supreme court thought A. Yes. not. Under the constitution, which made the legislative :power consist of the Q. So that the men in sympathy with the movement of this secret league King and the Legislature, we felt that this act in approvmg or vetoing a bill went into it and constituted 1t nnder form of law? was a legislative and not an executive act. A. Of course I do not know what was told the King privately, but I know Q. What did the word signify, then, in relation to the power that the King that he felt it would be very dangerous to rafuse to promulgate the new con­ could onlv do it with the adrice of the cabinet? stitution. I have no doubt that a great many things were circulated which A. We "construed that power of the King which could only be exercised came to his ears in the way of threats that were unfounded. through the ministry as applying solely to executive and not to legislative Q. What was the outside manifestation? acts. A. One great feature of it was its secrecy. The King was frightened at ~· He could do nothing, then, without the sanction of a majority of the this secrecy. It was very well managed. The judges of the supreme court cabmet in the matter of administration? were not told of it until JUSt before the event took ptace. I think it was the A. No, sir. 2d or 3d of July, 1887. Q. A sin~le member of the cabinet would not answer? Q. Was there then a mass meeting? A. No, sir. The Thurston ministry broke up on that principle, Ashford A. There was a large mass meeting held, and a. set of resolution wa~re­ advising the King contrary to the advice of the supreme court, that he was sented to the King, requiring that a new ministry be formed, by Mr. W. L. not bound to act unless ail the members of the cabinet advised a certain Green and one other person whose name I have forgotten. measure. That led to a serious difference in the cabinet, which resulted in Q. Was there any display of force? breaking it up. • A. The Honolulu Rifles were in detachments mru·ched about in different Q. The court held that it required a majority? portions of the town, having been called out by the legal military anthcrities. A. Yes. Q. Who were the legal military authorities? Q. Which Ashford was that? A. The governor of the island, Dominis, and Capt. H. Burrill-Raley, the A. C. W. Ashford. After his return from Canada he seemed to be very adjutant-general. much changed. Q .. Were they in sympathy with the movement? Q. Your house of nobles was equal in number to the representatives. A. No, sir; the officers of the corps were in sympathy with t)le movement. What was the qualification of an elector for nobles? Q. Who were thE)y? · A. The pro'(:erty qualification was an income of 600 a year, or unencum­ A. Ashford and Hebbard; I do not remember all. bered real property of the value of $3,000. We held that where a man was Q. Did the governor order them out, not knowing of this state of things? paid wages and his board, that his board was not to be included; that he must A. I think he did. I think he knew it; but it wa-s to prevent~ as I believe, have a clear income of 600. something worse happening. As I said, there were threats maae. Q. I wish to ask you the reason for these changes-what they were in­ Q. Of what sort? tended to accomplish-and I wish to ask you because of your high official A. I understood that at one time there was a very strong feeling that the position as chief justice and because of your high chara-cter? King should be forced to abdicate altogether and it wn.s oruy the more con­ A. The main grievance was this: The Legislature was composed of office­ servative men born here who said that the King and the Hawaiians should holders. I mean the representatives prlor to 1887. The district justice, have another opportunity. nc1minated by the governor of each island, would use his judicial inilnence Q. Were there not two elements in that movement, one for a republic and by making it very easy with the offenses of the people. The same thing was the other for restraining the power of the King? true of deputy sheriffs, tax assessors, tax collectors, and all minor officials. A. Yes. When once in the Legislature they could be very easily controlled either by Q. Were there not two forces in this movement cooperating together up threats of withdrawing the offices from them, or by J;>romises of other offices. to a certain point, to wit: those who were in favor of restraining the King by As was well expressed by Mr. Gibson, who was premier at one time, the King virtue of the provisions of the constitution of 1887. and those who were in was the larger part of the Legislature. That is, his influence exerted favor of dethroning the King and establishing a republic? through the e agents became paramount. He could accomplish, against his A. I understand that there were, and that the more conservative view pre­ ministry even, almost any measure he chose. vailed. Q. Did he appoint all these officers to which yon referred? A. Not directly, but the governors, being appointed for four years, and Q. And the men who were in favor of a republic were discontented at the being his favorites, would appoint any officials he suggested, and as a matter outcome? of fact, Kalakana.nominated, directly or indirectly, the mass of the officials A. They were, and they didn't want the Hawaiians o vote at all; and the in this country. reason that the Portuguese were allowed to vote was to balance the natiye Q. Do you mean to say that by the appointment of governors who were vote. personal friends of his there came to beap:pointmentsof subordinate officers Q. Whose idea was that-was that the idea of the men who made the new who were in sympathy with the King in his political views and his general constitution? wishes? A. Of the men who made the new constitution. A. I do, and more especially to carry out the money votes which he was Q. It was to balance the native vote with the Portuguese vote? very eager for in order to pay his debts, the expenses of his tour abroad, of A. That was the idea.. his eoronation, of the military embassy to Samoa., and other extravagances Q. And that would throw the political power into the hands of the intelli- which every respectable person thought very nnwi.;e. I recommended in gence and wealth of the country? my report to the Legislature a change in this respect, i. e., in the qualifica­ A. That was the aim. tions of candidates to the Legislature, excluding judges, etc. Another canse, Q. How was this military used? hardly se<-'Ond in importance, was the matter of the removal of ministries. A. It was put about in squads over the city. . I have said that up to that time there had been twenty-six changes of cabi­ Q. The officers of the corps were really in favor of the movement for the nets. It bad unsettled the community so greatly and gave opportunity for new constitution, and were called out by Governor Dominis to preserve what is called "backstairs cabinets" by adventurers and others that there order? · was Yery little stability in the Government. It was almost impossible for A. Yes. After the affair was over he was thanked by a military order any m.icl.stry to carry out any settled policy, certainly any policy that did not from headquarters. please the King. Q. Do you suppose he was gratified with thanks, under the circumstances? Q. You changed the constitution so as to guard against that improper mode A. Haley said to me when he showed me the order, "It is a little funny to of the appointment of inferior officers? thank a man who kicked you out, but I suppose I've ~ot to do it." A. It forbade any person being appointed to office during the whole time Q. The King acceded to the demand for a new constitution and of a cabinet for which he was elected, and also forbade the election of anybody who held of given character? any office under the Government. A. In the ftrst_place he acceded to the proposition to make a new cabinet Q. Then yon cut off that power of the King in the use of his patronage? named by Mr. Green. The former cabiriet, consisting of Mr. Gibson and A. Yes, sir. three Hawaiians, had just resi~ed a day or two before. In three or four Q. As to the appointment of nobles, the idea was to take that away from days the cabinet waited upon him with the constitution. him. Q. What cabinet? A. The nobles were elected by what was supposed to be the wealthy and A. The cabinet consisting of Mr. Green, minister of foreign affairs· Mr. infiuen tial class. Thurston, minister of the interior; Mr. C. W. Ashford, attorney-general, and Q. That was taken away from the King and placed among the wealthy and Mr. Godfrey Brown, minister of finance. I was S(lnt for in the afternoon of influential classes? July 5 to swear the King to the constitution. When I reached the palace A. Yes· so that they could have representation in the Legislature. they were all there, and the King asked me in Hawaiian whether he had bet­ Q. Under that a minority of the natives only could vote for nobles? ter sign it or not. I said, "Yon must follow the advice of your responsible A. Only a minority of them could vote; it gave them great dissatisfaction. ministers." He signed it. Q. Any other changes of consequence? Q. This ministry had been appointed as the result of the demand of the A. I think not. . mass meeting? Q. You say this new manner of selecting nobles gave the natives great dis­ A. Yes,sir. satisfaction? ~· And then, having been appointed, they presented him with the consti· .A. It did. The first election held under the constitution was very satis­ tnt10n of 1887? factory. The natives voted well. Good men were elected. Then they were A. Yes,sir. told that the white people had advantages., by reason of their wealth, over Q. And he signed it? them and this idea at election time, that they were put in an inferior posi­ A.Hedid. tion, was always forced upon them. Q. Was that constitution ever submitted to a popular vote for ratification? Q. Will you be kind enough to state how this new constitution was estab­ A. No; it was not. There was no direct vote ratifying the constitution, lished? but its provisions requiring that no one should vote unless he had taken an A. The two events which brought this matter to a culminating point were oath to support it, and a large number voted at that first election, was con· (1) the opium steal of S71,000, by which a Chinaman named Aki was made by sidered a virtual ratification of the constitution. ' the King- to pay him. a bribe of S11,000 of hard coin in order to obtain the ex­ Q. If they voted at alL they were considered as accepting it? clusive franchise for selling opium, and {2) the expense of the ex~dition to A. Yes, sir. I donotthinkanylargenumber refused to take the oath to it. Samoa in the Kaimiloa. A secret league was formed all over the ISlands, the Q. It was not contemplated by the mass meeting, nor the cabinet, nor any· result of which was the King was asked to promulgate a new constitution body in power, to submit the matter of ratification at all? 1898. CONGRESSIONAL .RECORD-SENATE. 6479

A. No; it was not. It was considered a revolution. It was a successful said that if the Queen asked me to come into her council I should be glad to revolutionary act. do it, but I could not swear her to the new constitution. Q. And therefore was not submitted to a popular vote for ratification? Q. Have you any personal knowledge of improper relations between Wil­ A. Yes, sir. It had mischievous effects in encoura!ring the Wilcox revolu· son and the ex-Queen? tion of 1889, which was unsuccessful. I think it was a bad precedent, only the A. I know this as a fa.ct, that when the supreme court decided that on the exi.Bencies of the occasion seemed to demand it. death of Kalakaua she could require the resignation of the cabinet appointed ~· Was there discontent with that constitution on the part of Kalakaua? by him and could appoint her owu cabinet, that she made three conditions Was he ever satisfied with it? with the new cabinet, and one of these conditions was such that Mr. Peter­ A. He was very skillful in concealing his. views. . I do not think he was son would not consent to resume office under her. The three conditions satisfied with it. were these: That Wilson was to be marshal, a native boy named Joa Aea Q. Was the ex-Queen ever satisfied with it? was to be made turnkey of the prison, and that Wundenberg was to be dis­ A. I think much less satisfied with it than he was, and commenced move­ missed as postmaster· general. Wnndenberg bad dismissed Henry Poor from ments against it even before her brother died-while she was prin~ss. F!om a clerkship in the post-office, whose mother, living on Emma street, was a mv intimate acquaintance with her, I knew that she ran away With the Idea very strong friend of the Queen. that she was Queen only of the native Hawaiians and not of the whites, even They were schoolmates together with me, and she, Mrs. Poor, is in chru-ge though born here. of two boys. One of the boys is Dominis's own son by a woman named j\-fary Q. Have the natives as a race been discontented with these chan~es?. Purdy. She is married to the messenger of the foreign office, named Kn.m iki, A. As shown in their public utterances in the Legislature, at election times, and the other child is a son of Joe Aea, and rumor says it is the Queen's own and through their native newspapers, I should say yes; but from my ac­ child. I do not know whether it is the Queen's child or a child of Aea's wife. quaintance with them personally, I am u.nable to see that it has worked to I got it from Kamiki, who was deprived of the service of his wife from being their injury, and I do not see evidences of theil' dissatisfaction. Dominis's mistress. When Dominis died be died with one hand in tho hands Q. Were they in this secret league to which you had made reference? of the Queen and the other in Mary Purdy's bands. On one occasion I went A. I think thel'e was only one person of mixed blood in the lea~ue. to her about the morality of the palace, and she professed to me to be in Q. Did your politics take on anything of a racial form at any time? If so, favor of religion and morality. I went to her on account of a great deal of when? scandal in r~~ard to the character of the palace invitations. A. Occasionally a native in the Legislature wonld lose his bead and say se­ Q. Did Wilson live in the bungalow? vere things against the whites as a class. It is generally frowned down upon A. Yes. by the most respectable of the natives and the foreigners. It has, however, Q. And when she went back to Washington Place he always bad a cottage been made a much more prominent feature in politics of late. there? Q. Did Gibson use that race feeling to obtain power and to maintain him­ A. Yes. self in it? Q. He was marshal? A. He did; and be a.!.so used flattery to the Kin~ to exalt his position. He A. Yes; be bad been clerk of the waterworks before that. fostered in the King's mind the idea of proclaiming himself emperor of the Q. Judge, you have a. good many races of people here. Conld you estab­ Pacific in connection with the Samoan affair. lish stable government here on the basis of a qualification that they should Q. But in dealin~ with the natives in the matter of suffrage did be play on read and write the English language? the matter of race feeling? A. That would limit the number qualified to vote very much. It would A. Somewhat. His emissaries generally looked to other means-gin among exclude nearly all the old Hawaiians. It wonld exclude the Portuguese, ex­ them. cept the yonnger clas.~ that have been to school here, and, of course, the Q. Was be in the habit of abusing the whites, those who are called mis- yonnaer Hawaiians, who are now taught English exclusively. sionaries? Q. What would be the proportion between the white and native vote, put. A. Yes. The first mischief be did was in thwarting the treaty of reciprocity. ting the English t~st? Q. In what year was that? A. I can nc.t say. A. In 1873. Q. Would it leave the native vote in excess or not? Q. Before Kalakana was Kina? A. !think it would. - A. Yes; and the ministry of which I was a member, Mr. Bishop being Q. Now, on the basis of reading and writing English, could you establish a. leader. owing to the fact that King Lunalilo was in consumption, felt that it permanent form of government? was prudent to abandon it. A. I doubt it very much. Q. You were going to speak of race feeling in regard to J>Olitics? Q. Could it maintain a government such as obtains in the States of the A. It has been almost impossibie to elect any kind of a decent white man Umted States-New York, for instance? A. It depends upon the character of the imperial government over it. in Honolulu for many years. . Q. What do you mean? Q.A. Why?I once had a conversatiOn· Wl'th a very prommen. t nati ve and aske d him A. I mean that a republic of our own would not be at all successful. Q. Why?• w~y they never succeeded in electing a good white man in Honolulu. He sa1d: A. Because our natives are so likely to be influenced by demagogues, and more especially such influences as obtained in the last Legislature, such as the "Tho man whom you regard as the best man the natives oppose just be­ lottery-such schemes as that. The natives joined with the lower class of cause yon want him elected." whites. They have not su.fiicient character to resist. Q. i suppose you were not with the committee of safety during the late Q. Could yon establish one that wonld make life and property safe and r evolution? preserve order? A. I as not informed of any of their proceedings. They kept me out. A. I doubt it very much. Q. Did you know that a constitution was going to be proclaimed in 1893 Q. Would yon be willing to take your chances on that sort of government? before i ~ was done? A. No, sir. As a property bolder and a man of family I would not like to A. l had heard hints during some years before that the Queen was anxious take my chances. · to prochi!ll a new constitution, but I did not bear of her present intention q. Could you maintain a good government here as a State in the Federal until tho morning of Saturday. Shortly before the prorogation, at 10 o'clock Uruon,likethe State of New York? in the morning. a gentleman told me that immediately after the prorogation A. I have not thought that was possible, because I do not suppose the Mr. William White, the lottery advocate in the legislature, was g9ing to the United States would ever consent to have two Senators from a place like palace with n.la1·ge number of people and that the Queen was gomg to pro. this. claim a new constitution. I mentioned it to my associates on the bench. Q. I am not talking about what they wonld consent to, but as to what you They didn •t credit it. I mentioned it to a. few others, among them the French consider the qualifications of the Hawaiians to vote. I do not want to im­ consuL It disturbed me very much. Immediately the legislature was pro­ ply that the Government of the United States means to do anything. rogued I looked out fro~ the balcony and saw a la!ge number of natives A. Yes: I believe we could. dressed in black and wearmg beaver bats and marching over to the palace Q. What is the character of the Hawaiian as a voter? Is be an intelligent with banners and carrying a parcel. voter? I said to myself that is the new constitution. Being invited by·tbe cham­ A. That is a matter of comparison, of course. He is easily influenced. berlain to go over there, which is customary after prorogation, I urged my Q. In what way? associates to accompany me. Judge Dole had an engagement and could not A. When his prejudices are excited, and when be is told the usual election go. Jud!$e Bickerton and I went over. We stayednntil4:o'clock and saw t he stories; that something is going to happen unless they vote for such and whole thing, except we were not in the private room with the Queen when such a man. she bad her ministry there. The speech that she made, when she said she Q. Is he in the habit of selling his vote? bad desi!med to promulgate a new constitution but bad met with obstacles A. I believe there has been a good deal of bribery in this way, paving a and wasprevented for the present, I wrote from memory. She said it in Ha­ man's taxes for him-there being a qualification that a man shall have paid waiian. I went home that evening, wrote it down from memory, and fur­ his taxes. nished it to the press. Q. Are they influenced much in elections by liquor? Q. W'uatwasthepointofit? A. Until the Australia.n ballot went into effect. The election of 1885 was A. She was under great emotion. I never saw her in such a state of agita­ largely managed by gin. tion. At the same time she controlled herself. It was really a magnificent Q. What is their character as to honesty? spectacle. She said she bad listened to thousands of voices demanding a A. So far as they are concerned, they are not especially addicted to larceny. change in the constitution-demanding a new constitution-and she thought Q. Not more than the white race? the opportune moment bad come. The constitution was very defecti>e and A. No; I have lived in my present residence twenty-one years; have never she turned around to defer to me as her witness. because I had had occasion had a theft; we live with our houses very loosely fastened. so oftea to construe it. She had prepared a new constitution which she Q. What is the moral character of the race? thought would meet the purposes required and would please the people; but A. The seafaring class are very much addicted to the use of liquor. she said with grea t sorrow: ·• I am obliged to tell you th..'-l.t I can not do it Q. What is the character of the Hawaiian women for chastity1 now. I have met with obstacles, but l ask you to go home; continue to lo e A. They are not chaste. At the same time they do not expose their im­ me, and I will continue to love you, and in a few days yon will have yonr morality to public view. I think strangers would see scarcely anything of it. 'Wishes gratified." Immediately a member of the Lew...slatnre, the throne There is an outward observance of the laws of decency and morality. room being full of the Hui Kalaiainas, turned around and said: "What shall Q. Why do they observe it outwardly and not practice it in secrecy? we do with these men who prevent the gratification of our wishes?" meaning A. I think it is the influence of their religious teaching. It is a source of the ministry. We hushed him up; told him to keep quiet, and I left the profit to them. palace. Q. How? Q. What do yon suppose she meant, that in a few days they would be A. Sailors and mechanics visit them, and that is what supports their fami- gratified? lies very largely in the low part of the town. A. She hoped to overcome the objections of her cabinet. Parker told me Q. Is that the character of the Hawaiian women generally? that the reason he stayed by her withont leaving her all that afternoon was A.. I must except many very good, virtuous women. tbat be was afraid she would break away from the cabinet, go out on the bal· Q. I do not mean exceptions. cony, and say to the people: "The ministers won't approve it, and my chief A. ThPy are accessible. justice won't swear me to it. Here is your constitution. Now look ont for Q. As a race they are not chaste? these men." We stayed there not nnder any physical compulsion. I sent in A. Their instincts are toward the sexual desire. two messages by the chamberlain asking to be excused, but she sent word Q. Then the domestic circle is not marked by chaste conversation and life? asking me to remain. E'ridently she expected that thin~ done then and A.. They are very careless in their conversation before tlleir children. there. ~r. Wilson, the marshal, was in a great state of excitement, and told Q. There is a good deal of intermarriage between the whites and natives me that he had been fighting the battle alone all the morning with ber1 and here. What is the result of that? Is it a better type? wanted me to go in and use my influence to prevent her from doing 1t. I A. It is a more intelligent type. 6480 CONGRESSIONAL RECORD-SENATE. JUNE 29,

Q. Are they not better morally? which bad previously existed as to the sovereign signing an amendment to A. As a class, no. the constitution. The only popular reference was that any amendment that Q. Are the half-castes generally the result of matrimonial alliances? had passed one Legislature would have to be published three months pre­ A. There are a large number that are not. vious to the election, and then if it passed the second Legislature it became Q. What social recognition have these half-castes? a law. A. They have always received social recognition. They have always been Q. Was there no direct submission to the people? sought after by strangers. A. Only in that way. On the 21st of December this ministry, which bad Q. How in social life here; are they received among the whites? the confidence of the people, began to have difficulty with the Queen with A. Those of good character are. There are several large families received reference to the appointment of circuit judges under the new act. on terms of perfect equality. · Q. In what way? Q. The Portuguese population here, is that leaving much? A. They nominated Mr. Whiting and Mr. Frear. A. Yes. Q. And she was not willing? Q. To what extent; rapidly, would you say? A. At first she was. The appointment of circuit judges was not to go into A. Yes; on account of their inability to obtain land. effect until the 1st of Jannary, but it was deemed advisable that these gentle­ Q. Why can not they obtain land? men, who were in the practice of law, should be notified beforehand to ar­ A. A great many lands have been tied up by long leases, although the range their.bnsmess, as terms of the circuit court would begin with the new Government bas commenced the system of throwing open lands to home­ year. She first agreed that she would make these appointments. Then she steaders. said she did not care to appoint Mr. Frear, but wanted Mr. Rosa. I had a Q. But still the tendency is to leave? long talk with her. I told her that Mr. Rosa's habits would make him unfit; A. Yes; they want to go to California--to America. that he got drunk. She finally on the 3d of January appointed those two Q. Then is it the land only? judges. On the 29th of December there was talk a.l.l over town and in the A. No; it is the desire to go to America; it is their ElDorado. lobby of the legislature that there would be a vote of want of confidence Q. The Japanese population is probably your future reliance for labor? against the Wilcox ministry, and on the 4th of Jannary Mr. Bush introduced A. Yes; but I think the Chinese make the best laborers. one. It failed, 19 to 22. On the lOth of January the lottery billhwhich every­ Q. But the authorities who have been controlling the islands have taken one supposed was dead, was moved up by C. L. Hopkins, who ad just been the view that it was best not to allow the Chinamen to come in in large num­ elected by the lottery people. bers? Q. What is he doin~ now? A. YesJ sir. A. He is in the fishing business. I can not say he is in the opium business. Q. Ana the action of the Government bas been toward restricting that, It passed on the second reading, to the astonishment of everybody, by 20 to and looking to Japan for Jaborers? 17. It was hurried right along and passed its third reading on the 11th of A. Yes; that has been the policy of the country for a long time. January, 23 to 20. Six of the members of the bouse had gone home. On the Q. Are these Japanese beginning to get the desire for suffrage? 12th at half past 1 Kapahu introduced a vote of want of confidence in the A. I only hear it through the newspapers. Wilcox cabinet, and it passed, 25 to 16. Noble C. 0. Beyer being the twenty­ Q. What do yon hear? fifth man, and he voted that way because Mr. Widemann was promised by A. I hear that they will in time demand suffrage. the Queen that he should form a new cabinet. On the 13th of January there Q. What do you think of them as voters? was no quorum in the morning. At half past 2 the cabinet came in-Parker, A. I think they would vote as the consul wanted them to vote. They are Cornwell, Peterson, and Colburn. That was Friday. That night quite a an inferior class, brought up with the idea that they must obey their snpe­ number of members tried to get their forces together to introduce a vote of I'iors. want of confidence in that ministry. People said no, it is no use. Saturday Q. They belong to the lowest class of the Japanese population? morning Mr. Peterson announced to the legislature that the Queen had A. Yes; they have very great deference for their superiors. signed two bills that had interested the community for a long time-the bill Q. Are they learnin~ to read and write the English language to any extent? licensing the sale of opium and the establishing of smoking joints. and the A. Those who remam in the field do not have the opportunity. Their chil- lottery bill, giving an exclusive franchise to these individuals for a term of dren go to school and learn English. twenty-five years to establish a national lottery, for which they were to give Q. Your native population, do they understand generally how to read and the Government $500,000 a year. write the native tongue? Q. Did the bill provide how it should be used? A. Lately they are losing the ability to speak Hawaiian well, by reason of A. It provided that a certain sum should be used for the laying of a cable their minds being directed in school toEn~lish. between here and San Francisco. Q. What books have they in the Hawailan langua.,.e? Q. Any other public work? A. Very few books onts1de of schoolbooks and religious books, and a few A. I do not now remember. trashy novels. Q. Did yon participate in the meetings of the committee of safety on 14th, Q. They have the Bible and the Pilgrim's Progress? 15th, 16th, and 17th of January? A. Yes. A. I did not, being a judge. Q. You indicated a desire to make a statementin reference to certain I have carefully read the foregoing and pronounce it an accurate report of occurrences in the legislature of 1892. my interview with Mr. Blount. A. The body of Kalakaua arrived here on the 29th of January, 1891. At 2 A. F. JUDD. o'clock that day- Liliuokalani took the oath to SUJ?port the constitution of 1887, 7i'hich I admimstered. Kalakaua's cabinet consisted then of Cummins, C. N. Mr. CAFFERY. Mr. President, lest my position be misunder­ Bpencer, Godfrey Brown, and A. P. Peterson. There was a great deal of dis­ stood on the question of the constitutionality of the admission of cussion and wire pulling as to whether that cabinet should have the right to new States under Article III of the Constitution from what I continue. Finally the opinion of the court was asked and it was held that she had liberty to ask for their resignation. They resigned and she ap· may have said in my opening remarks, I will restate that posi­ pointed Parker, minister of foreign affairs; Widemann, finance; Spencer, tion, not at any great length. I stated that the framers of the mterior, and Whiting, attorney-general. Constitution, when this section authorizing Congress to admit At the general election which took place in 1892 all the representatives of the island of Oahu were elected from the Liberal party, of which Robert W. new States was adopted, had in mind the admission of States to Wilcox was the leader (with one exception, W. R. Wilder), who was elected be carved out of the Northwestern Territory. I think that is for one of the districts of Honolulu. The Legislature was opened on the 20th clear from the surrounding facts attending the adoption of the of May. On the 6th of June a vote was taken to expunge MacFarlane's reso­ Constitution, especially the cession from different States of that lution, which was directed against Minister Stevens, which was carried by 33 to 13. On the 30th of August the Parker ministry was voted out by 31 to territory to the United States. But I did not mean to be under­ 10. There was no new cabinet appointed until the 12th of September. That stood that the United States had not the power to acquire new was E. C. MacFarlane, minister of finance; Parker. foreign affairs; Gulick, territory and to admit that territory as new States under the Con­ interior, and Neumann, attorney-general On the 15th of September there was another vote of want of confidence in this MacFarlane cabinet. It re­ stitution. ~eived 2! votes against 21. The question as to whether that was a sufficient My sole contention was that the admission of new States must constitutional number to pass it was referred to the judges of the supreme perforce be limited to the States contemplated by the framers of ;:ourt, who decided that 25 votes were necessary. the Constitution to be made out of the then existing territory, or :MeR.D.while, on the 4th of October, there Wt\S a special election held on this Island, and Maile, a native from the fish market, and Hopkins, a half-white, new States made out of other territory that might be subsequently were elected as nobles, by a very large majority, oveor two very respectable acquired. I do not think that, under that article of the Constitu­ men, M.P. Robinson and H. Waterhouse, by the so-called lottery faction; that is, people who were bound to carry the lottery bill through. tion allowing Congress to admit new States, we can take 8tates On the 17th of October there was another vote of want of confidence in­ foreign to our country, States not carved out of territory there­ troduced in the MacFarlane ministry, and it _passed-iJ2 to 15. On the 1st of tofore acquired by treaty, and admit them under the operation of November, at 10 o'clock in the mornmg, the (.Jueen appointed Cornwell min­ a joint resolution. In other words, sir, I believe that the power ister of finance, Gulick minister of the interior, Nawahi minister of foreign affairs, and Creighton attorney-general. At half-past 12 they were voted of acquiring territory by treaty, as that is one of the usual func­ out-26 to 15, the same day. The 4th of November, rumors prevailed that tions of a treaty-making power, resides fully with the Executive the Queen would agree to appoint G. N. Wilcox minister of the interior, in conjunction with the Senate. Cecil Brown attorney-general, P. C. Jones minister of finance, and M. C. Rob­ tnson minister of foreign affairs. I argued, and I will reargue, that, in my opinion, to allow the On the Sthof November this cabinet was appointed and sworn in. Then Congress of the United States, under the article of the Constitu­ the country felt easy. The next important event was on the 6th of December, tion allowing Congress to admit new States, so as to embrace ter­ when the Legislature sent a request for an opinion to the justices of the su­ preme court upon the question whether an amendment to the constitution ritory not theretofore acquired by us as territory, was to com­ which bad passed two successive Legislatures required the approval of the pletely absorb the treaty-making power and render that power Queen. We answered that it did not. utterly nugatory in the hands of ' the Executive and the Senate, Q. What was the constitutional provision? A. It was something wHh reference to allowing legislation restricting the for if, Mr. President, this pending joint resolution is firmly residence of Chinese here. The idea was that any laws that might be passed founded upol). the Constitution and is a constitutional means of restricting terms of residence or rights of Chinese here would not be held acquiring territory, Congress can admit any territory anywhere unconstitutional. and then create a State out of it. I say that the President and Q. At that time was there any- restriction on Chinese immigration? A. Oh, yes; there were restr1etions that had passed the Legislature with the Senate are set aside in one very high function conferred upon reference to their entering the Kingdom, but when once in the Kingdom they them by the Constitution, if this be true. had the rightf! of all residents under Hawaiian law, and by our constitution Mr. TELLER. I should like toasktheSenatorwhathe says now no class legislation would be permissible under the constitution. The object of this amendment was to allow lejrislation of that character. about the admission of Texas? Was that a legal admi ·sian or not? Q. Do you have reference to legislation providing that the Chinese should Is Texas in the Union or is she out? She is a sovereign State, as not reside here after the contract term had expired? all the world recognizes. A. Yes; I think also as to the character of the employment they should engage in. It was the desire to J?aSS that law which gave rise to this sub­ Mr. CAFFERY. In my opinion, Mr. President, the Constitu­ mission to the court. The const1tntion of 1887 left out all the provisions tion of the United States was violated in the admission of Texas •

1898: -· CONGRESSIONAL RECORD-· SENATE. 6481

under a joint resolution. In my opinion1 the only way that the I want to call attention to this, because I think it is good law­ territory of Texas could have ~en acqmred was l;>Y th~ treaty­ yet wherever tiley include in a. treaty matters confi~ed _by th~ Constitl:!· making power, and, after havmg -been thus a~qmred, It could tion to the three branches of Legislature, an act of legislation will be reqru­ have been .erected into a new State, but primanly we co~d .not site to confirm these articles, and that the House of Representatives, as one branch of the Legislature, are perfectly free to pa s the act or refuse it gov­ constitutionally admit Texas as a new State from the beg1nnmg. erning themselves by their own judgment whether it is for the good of the That is my view of the Constitution. . . constituents to let the treaty go into effect or not. On the ~recedent now to Mr. TELLER. -The Senator does not answer my question. Is be set will depend the future construction of our ConstitutiOn, and whether the powers of legislation shall be transferred from the President, Senate, and Texas in the Union or out of it? House of Representatives to the Pl;'esident. and Senate, and Piamingo or. a_ny Mr. CAFFERY. Texas is certainly in the Union. other Indian, Algerine, or other c~ef. It Is fortunate that the fir~t deciSion Mr. TELLER. How did she get in? is to be in a case so palpably atrocious as to have been predetermmed by all Mr. CAFFERY. She got in by a. violation, in my opinion, lve that prob­ taking in an independent State? lem, I shall be, as a lawyer, in better shape than I have been in Mr. CAFFERY. None whatever, as a State. trying to follow his argument. Mr. TELLER. There certainly is not any, I think the Senator Mr. CAFFERY. Mr. President, I am perfectly aware that will admit under the treaty-making power. when Mr. Jefferson purchased the province or territory of Louisi­ 1\fr, CAFFERY. I mean foreign states. . . ana he doubted his constitutional power to do so by treaty. :Mr. TELLER. Foreign states. There certamly IS none under Mr. TELLER. I think the Senator ought to say that he de­ the Constitution for taking them in as ~e!l'itqries. . . . clared most emphatically that he did not have the power. Mr. CAFFERY. Clearly there is power to take m terntor1es Mr. CAFFERY. Very well. as Territories. . Mr. TELLER. Subsequently he changed his views upon the Mr. TELLER. Where? subject and admitted that it was all right. Mr. CAFFERY. · Under the treaty-making power. Mr. FAULKNER. And that it was constitutional. Mr. TELLER. The Constitut~on of the Qnited States says that Mr. CAFFERY. Mr. Jefferson, at that period, as the Senator the_treaty-making power is lodg~d in t?e President of the Un~ted from Colorado says, denied any constitutional power-I will go States and in the Senate. That IS all It says upon that question. to the length that he states that Mr. Jefferson did-on the part of . Will the Senator show me any constitutional provision which says the Executive and the Senate to acquire the Louisiana territory that we may properly acquire jurisdiction over tef!ito~y through by purchase. He afterwards changed his opinion upon that point, the treaty-making power? True, we have been domg It. and came to the conclusion that the purchase of Louisiana under Mr. FAULKNER. The decision of the Supreme Court in the a treaty between the United States and France was constitutional Utah case settles that. · and valid. Mr. CAFFERY. In answering the questio~ of .the Se.n~tor, on 'Mr. TELL.ER. It took him about twenty years to come to that general principles I will say tha:t the Constitution, givmg the conclusion. · treaty-making power to the President and the Senate, does not Mr. CAFFERY. Yes, sir. Mr. Jefferson, however, was one say what the Executive and the_Senate can do un~er that P?Wer. of the people who, if it took him half his life to see an eiTor, It does not say, for instance, that we can enter mto tre~ties. of when he did see it admitted it; and he was in error in this par­ amity and commercial intercourse; but that pow~r carri_es w!th ticular, because, it occurs to my mind, that a reflection of any it everythina ·every concomitant, every result, every operation studious mind on what a treaty is designed to do, or what are the which can b~'performed by the treaty-ma~ing.power; _and I say workings and operations of a treaty, would convince not only that among nations the most usual application of the treaty­ Mr. Jefferson, but anybody else, that every power or every act making power is to acquirete;rit?ry. Therefor~, when that power that could be exercised or performed under a treaty, and which was given over by the Constitution to the ~resident and the Sen­ was usually performed in that way-was rightfully and constitu­ ate it necessarily. followed that the President and the Senate tionally exercised by the President and the Senate, and could not could negotiate treaties acquiriilg territory. be exercised or performed by any other branch of the Govern­ Mr. TELLER. I want to call the attention of the Senator from ment. Louisiana who is a Democrat. to Mr. Jefferson's statement. I Mr. TELLER. The Senator can not find from anything in want to ~sert that there is no reason in the world to say that the Jefferson's writings that he ever based his opinion upon that power is conferred '?Y any constitutional :provision whatever to ground, or took the position the Senator takes. Mr. Jefferson acquire _foreign territory by a treaty, and If there ~as to be any simply acquiesced in the doctrine that was promulgated and dis­ interpretatio_n of it, it must be ta!r~~ to mean treaties of a com- cussed in 1811 with the greatest particularity in both the House mercial character and uot of acqUISitiOn, · of Representatives and the Senate, that it was a sovereign power Mr. Jefferson when he took in the territory of Louisiana, ex­ and that it could be exerted without constitutional provision; and pressly declai~ed that he h!l'd taken it in violatio.n of the Constitu­ that is the ground upon which it has been put ever sine~, I think, tion· and in the letter whiCh he wrote to Mr. N 1cholas on Septem­ by lawyers. ,. ber 7, 1803, he said, when tha~ question came to be.~scussed in .the Mr. CAFFERY. Well, Mr. President, if precedent counts for House of Representatives Wit~ reference to proVIdmg a constitt~­ anything, the power of the President and the Sec.ate to acquire tional amendment, the less Said about the matter th~ better It territory by treaty is settled. We have acquired Louisiana by would be. He said in another letter that the whole subJect ought treatv, and we have acquired Alaska. to be considered, if possible, in silence, because, h~ asser~d, there Mr: TELLER. I am not denying that. I am denying that was no power given in the Constitution to take fore1gn terntory by this is an exclusive power. That is the point. a treaty. He asserted, of course, that there was no power. to ~ake Mr. CAFFERY. Very well. That power has been used to it at all; and that ·is true; for when yon go to the Constitution, acquire territory. There has not been any other way that we there is not any such power. .It must either be taken on th~ gen­ have aequired territory, except by war, than through the treaty­ eral ground of sovereignty or It c~n ~ot be taken ~tal~. If It can making power. not· be taken at all under constitutional authority, It may be a Mr. TELLER. Oh, yes, Mr. President, the Senator must not question how it shall be taken. · forget Texas, for while he may claim that the admission of Texas I want to read what Mr. Jeffersonsaysaboutthetreaty, because was unconstitutional, that was one of the precedents. the-Senator I am sure has not got from the Democratic idea that Mr. CAFFERY. We did not acquire territory when we ad­ Jefferson is good authority. mitted Texas into the Union. Texas came into the Union as a. MI~. FAULKNER. Mr. Jefferson corrected that later in life, full panoplied State. It was not a Territory to be regulated and and took the either view. governed under the laws of the United States. Mr. TELLER. When John Jay made a treaty with Great Mr. TELLER. I should like to say to the Senator that I am Britain, which brought about a great deal of antagonism,,Jeff~r­ not ·playing on words, and I am not talking about territory, but son was against it, and pretty much everybody was agamst 1t. I am talking about jurisdiction. The Home of Representatives asserted the right to nullify it, and Mr. CAFFERY. Very well. they carrie very near nullifying it, but fina~y it was accepted. Mr. TELLER. Territory that comes in under our jurisdiction. This was-on March 21, 1796. Mr. Jefferson said: Mr. CAFFERY. I make a great distinction between admitting · Th~ British treaty has been formally, at len~h, laid before Congress. All States and admitting Territories, Mr. President. I do not charge America. is a-tiptoe to see what the House of l:lepresentatives will decide on it. We conceive the constitutional doctrine to be t~t though the President that the Senator from Colorado is making a play upon words and Senate have the general power of making treaties- . . . at all, bnt I ·make a very broad distinction between a Territory \ XXXI-406 6482 OONGRESSIONAL RECORD-SENATE. JUNE 29,

unin.corporated into a State, and a State with all the powers of an There are other objections to the draft which you have sent to the De· independent sovereignty. Territory may be absolutely uninhab­ partment, though less formidable than that which the second a.. rticle pre­ sents. The amount to be paid as annuities, etc., according to the draft, is ited. The territories which we have heretofore atquired were much larger than was contemplated. mo

Mr. CAFFERY. There are certain rights beyond constitu­ scheme is but the entering wedge that cleaves a way open for tions. There are certain acts that men can do without being empire. That is the way I look at it. I want none of it. justified in their performance under the municipal law. The Mr. President, to show the extent to which this military snirit Monroe doctrine is founded upon the principle of self-defense. It is driving us I will read an extract from an article dated London, is founded upon that principle which allows a man, without mu­ June 22, 1898, printed in the Washington Post of Thursday, June nicipal law or even in a savage state, to protect his person and 23, 1898. It appears to be a statement m Dr. Depew, a very dis­ property against an aggressor; and when the Holy Alliance at­ tinguished citizen of our country, a man whose public utterances tempted to interfere in the affairs of the colonies in America that generally carry weight, as they are certainly entitled to, a man had thrown off their allegiance to Spa.in and attempted to rees· lmiversally known as a conservative citizen and an honorable, tablish a dethroned monarchy right under our doors, then the wise gentleman. Monroe doctrine came into existence. It is a doctrine outside of Asked if his opinion on imperial policy had changed, Dr. Depew replied: · constitutions. It needs no constitution. It existed before con­ "'l'here are difficulties in my poSlt!on which did not exist when I took it stitutions, and it will survive all constitutions. up. New conditions are arising all the while with the progression of the war which make it difficult to keep out or get out of this colonizing business. We Mr. TELLERJ I agree to that. must take into view the temper of our people, who would certainly never Mr. CAFFERY. But, sir, that has nothing to do with the ques­ give any colonies back to Spain. Transferring them or any of them to a Eu­ tion of incorporating territory. It is not necessary for our self­ ropean power would lead to a European war in sixty days. It looks as though defense to incorporate these islands. It is necessary for our self­ we would have to paint our white elephant brown and teach him to work." defense to have no foreign power in possession of them, and that This distinguished gentleman says that we can not give back fiat of ours is law, because we are able _to enforce it. I do not to Spain any of the colonies which we may take from her; we can believe there is that rash nation in the world to-day which Will not transfer them to any European power, for that would give attempt, in the face of the declaration made in 1843 that these cause for war in less than sixty days. He does not say it, but islands were embraced within the Monroe doctrine, to attempt that is to be implied, that we can not let the Philippines, for in­ any aggression upon them in any way, shape, or style. stance, or even Cuba, remain under the government of the hetero­ Sir, we have applied the Monroe doctrine to Cuba. We lately geneous mass of blacks and half whites living in those countries, applied it to Venezuela. I would to God that we could stop this who he knows are incapable of self-government. The consequence aggressive spirit at the terminus of the Monroe doctrine. That of _it is, therefore, that we must keep them. We must paint, in doctrine is one of inalienable right to every nationality, to every his language, the white elephant brown. That is the only alterna­ government. We have a perfect right to insist that nothing shall tive. I read again from a distinguished gentleman. Mr. GRos­ be done on this hemisphere of a character to threaten the safety VENOR, in his speech at the Republican convention at Cleveland, or integrity of the United States. Ohio, June 2, 1898, said: Now. sir, I say that Mr. Marcy stopped at the threshold of this Mr. TELLER. Would it interrupt the Senator if I should ask important step of the admission of Hawaii into statehood, and if him whether he agrees with Depew or not? he had reflected more upon the proposition he would not even Mr. CAFFERY. I do not. have sanctioned the idea of annexation as a Territory. It is ut­ Mr. TELLER. Does the Senator favor turning the islands terly impossible, under our republican institutions, to keep prov­ back to Spain after the war is over? inces or colonies or dependencies under a territorial form of gov­ Mr. CAFFERY. That question requires an answer with a good ernment. In due time, in proper season, the territory must be many qualifications. I will make it before I get through. This admitted into statehood or the very genius and spirit of our insti­ is what Mr. GROSVENOR said: tutions are violated. I make no prognostication except this: ! _doubt very much whether you Is it, sir. to be contemplated that we can annex: the islands of and I will live to see the day when, by order of a ReJ?ubli~n Administration, the sea, foreign possessions here, there, and everywhere over the and surely not by the order of McKinley's Administration, the starry ban· globe, and bold them as the Romans held their provinces, under ner of your country's glory shall be pulled down from any flagstaff where proconsuls, hold them under 'riceroys and captains-general, and conquest of arms has placed it. establish over them a government of absolute despotic power? I Those two utterances are significant of the prevailing temper do not believe it, and I do not believe that any territory ought of the time. Both these gentlemen~ high in distinction, widely ever to be thought of being annexed to the United States unless known, both statesmen, concur in the view that we must keep that territory is to be incorporated into the United States at the whatever territory we acquire by conquest over which the starry proper time as a State. The Constitution says that the North­ banner of the United States floats or has been erected. That, to western Territory may be made into States by Congress under me, is a startling proposition. · certain conditions. That power must be exercised in like manner The Senator from Colorado [Mr. TELLER] asked me whether I as respects whatever other territory may be acquired. would be in favor of giving these colonies back to Spain. That Mr. President, the land hunger of to-day does not seem to halt would depend on certain conditions. If, for instance, the Philip· at any obstacle. We started out upon a chivalric war of human­ pine Islands, after we took them-we have not got them yet­ ity, and it turns out that the chivalric war has for its objective should become pacified, and if a settled order of things were to point the absorption of all foreign territory over which our flag is take place in those islands, and there were in those islands an in­ planted. I believe I read in the papers, when General Merritt telligent electorate-! do not know whether there is or not; I sailed for the Philippines, a declaration from him substantially to hear that most of them are savages; I hear so many things that I that effect. It is coming from every ,quarter of the Union that hardly know what to believe about those islands-if an intelli­ wherever the flag is raised never will it be lowered, and notwith­ gent electorate in those islands after their sentiments were prop­ standing the declaration which the Senator from Colorado [Mr. erly and correctly expressed, should vote that they desired to re· TELLER] himself placed upon the Cuban resolutions, that this turn to the allegiance of Spain or to be kept under her allegiance, war was waged for neither conquest nor for aggression nor to ab- · I should say, for my part, let them go there. That is outside of sorb territory-that is about the substance of the declaration-yet any question of indemnity that we might exact n·om Spain for we find expre sions of public opinion from every quarter that the expenses of the war. result of the war will necessarily be the acquisition of Cuba. Mr. President, are we the custodians of the nations of the earth? Mr. President, I for one enter my solemn protest against this I put this case to the Senator from Colorado. Suppose, in due spirit of absorption. I do not believe that it consists with the course of time, we rout the Spanish army in Cuba, we take pos­ safety of our institutions. I believe that the cultivation of that session of that island, we raise the flag of the United States over spiTit will drag the Republic down, just as it has dragged down it and make that flag supreme, we pacify the island, we restore eve1·y former republic of the world. Here· we are, a compact, peace, we cause the people to go into all the peaceful avocations isolated country. There never was before, in all the history of that the condition of affairs there permits, we summon them to­ the world, a territory so rich, so extensive, so full of resources, gether, we say to them, "We have not fought a war of conquest, and inhabited by so thrifty, energetic, brave, and warlike a peo­ we have fought a war of humanity; the war is ended, peace smiles ple. We are safe within the two oceans and the lakes on the over your island, the hungry are fed, the naked are clothed, th& north and the Gulf on the south. No foreign foe would ever have whole island is in a peaceful, quiet, contented condition." the temerity to invade our borders; and if, sir, we go upon wars Now, we say to them, ''Choose your own destiny. Do you want of conquest and aggression, they must be made beyond our bor­ a republic? If so, get together your intelligent men and ma.ke a. ders and must be provoked by us. I see nothing but danger in government." They say, "We do not want a republic; we want this attempt to introduce liawaii as a Territory into the United to live under the auspices of Spain." It is ascertained that that is States under the vicious form of a joint resolution. the true voice of the people of Cuba. I want to know whether, in Is not this but the opening of a grand avenue of conquest and that condition of affairs, the Senator from Colorado would say that of power? The Philippines next. Part of Asia next. Where we ought to permit them to go back to Spain? will be the limits? Who can set bounds to the vaulting ambition Mr. TELLER. Under what condition? of some: to our wonderiul resources; to the military spirit of our Mr. CAFFERY. Under the condition that, after being pacified, people? Sir, it is not the time to cultivate this spirit. It is time after peace was restored, after an election held, after the voice of Ito check it, to curb it, to hold it within the bounds of reason, the people of Cuba was expressed unmistakably so that nobody ' and to hold safe to the republican institutions of ours whlch will could doubt_it, that voice was that they wanted to return to SpaiD, be strained in this crusade of conquest and war. This Hawaiian I ask the Senator from Colorado whether he would sanction it?

\ 6484 QQ~G~ESSION.AL i · RECORD-SENATE. ~- JUNE 29,

Mr. TELLER. The Senator supposes a condition that he knows bility under the constitution of Hawaii of their ever being oust-ed could never happen. In the nature of things it is utterly impos­ peacefully. The native population is practically disfranchised. sible that such a thing could ever occur. I say that, so far as I am They have no voice; the elective franchise is virtually taken away cori'cerned, I would be opposed to turning them over to the tender from them by the qualifications imposed upon the electors and mercies of Spain under any circumstances whatever. If we go to even upon the members of the legislature. war for the purposeof gettingSpain out of Cuba, I think it would It requires $3,000 of money or a certain amount of real estate be our duty to keep her out. for a man to sit in the Senate. It requires a considerable qualifi· Mr. CAFFERY. Then I understand the position of the Sena­ cation to sit in the lower house. It requires a large qualification tor from Colorado to be that we must force humanity down the for a man to vote for senators. So the constitution of Hawaii is Cubans; that we must compel them-- one of the devices of the white man to hold in subjection the Mr. TELLER. I object to that. I object to the stating an black man. That is what it is. impossible case and then saying that that is my case. He knows By admitting it as a Territory and governing it according to its very well there is not one chance out of a million that the people requirements we inaugurate in the United States a Persian satrapy. of Cuba would want to return under the control of Spain. It 'l'hen how long, Mr. President, are we to keep those islands in seems to me to be trifling with this question to make such a sug­ this condition? IamnotatallastonishedatthereplyofM1·. GROS­ gestion here, and because I say it is impossible, then I would not VE~OR when he was asked what was going to be done with those turn them back. I would not turn them back because the people countries. He scorned to answer. He simply scorned the idea would evidently be insane and wild to think of doing such a of telling us how to govern it, as if all we had to do was to take a. thing. country and it would govern itself. But that is the material con­ Mr. CAFFERY. I beg to differ from the Senator from Colo­ sideration in this matter. What are you going to do with Hawaii rado in the statement that I am trifling with the situation. I when we get her? How are you going to govern her, and how have seen evidences to convince me that the Spanish blood is a long? little thicker than water. It would not at all astonish me if the We have the right, I see, under the pending joint 1·esolution, to very insm·gents themselves should declare that they prefer Span­ make special laws in regard to labor. What does that mean, Mr. ish rule modified to the autonomdus rule of Canada to being in­ President? It appears from the testimony and facts that we have corporated into the United States, nor would it astonish me in before us that the Hawaiian Islands can not be worked without the least if after the i'3land was perfectly pacified and they had a the labor of the black race. The white man can not work there. choice of government they would choose such a government as There is not a solitary white laborer, according to the statistics in­ that of Canada under the shadowy sovereignty of Spain. That troduced by the Senator from South Dakota [Mr. PETTIGREW], would not astonish me. I beg the Senator from Colorado to know in the sugar plantations and the rice plantations of Hawaii. that I do not consider that trifling with the situation at all. I Mr. SPOONER. And the coffee plantations. never trifle with a situation. I am not given to joking upon seri­ Mr. CAFFERY. There may be some little coffee plantations, ous matters. but that does not appear from the statistics. Most of the culture :Mr. TELLER. I ·do not want the Senator to feel that I meant there is sugar. There is not a single white farm laborer in the to be offensive. sugar plantations, and there can not be according to the testimony Mr. CAFFERY. Not at all. of Mr. Claus Spreckels. It is a subtropical country, and although Mr. TELLER. It seemed to me. at least, that he was present­ the climate is an average of 75 degrees, it hardly ever gets down ing an impossible case; it may not be so to him. to 60 degrees; it hardly ever goes much above 80 degrees. It is :Mr. CAFFERY. So many strange things have happened in that sort of oppressive climate and temperature that robs a white this Cuban war that I am not astonished at any kind of a devel­ man of his energy, that robs him of his power of endurance, that opment. I am not astonished, Mr. President, that the Cubans robs him of his power to till the soil. The fact is, that white should turn back to Spain when I see the American nation turn­ laborers are not there. ing back from its doctrine of humanity and going into a doctrine Now, here is what the President of the United States says upon of aggression and the absorption of foreign territory. that point: Mr. President, I was discussing the questions arising from this What the conditions of such a union shall be, the political r elation thereof letter of Mr. Marcy to Mr. Gregg as preRenting some very serious to the United States, the character of the local administration, the quality considerations for the Congress of the United States. Mr. Marcy and degree of the elective franchise of the inhabitants, the extension of the halted at the idea of statehood in those islands. What made him ¥ederal ~a:ws to the territory, or t~e e~actment of special laws to fit the pecul­ Iar cond1t10n thereof, the regulatwn, if need be, of the labor system therein, halt? It must have dawned on his mind that those dusky Polyne­ are all matters which the treaty has wisely relegated to Congress. sian Indians were unfit for self-goven1ment. When his mind came to that conclusion it was very easy for him to go a step fur­ I have no doubt that this part of the message of the President of ther and say that they were unfit to be incorporated into the the United States was written in view of the fact that representa­ United States, even under a territorial form of government. tions had been made to him that special laws were necessary in That is the point, Mr. President, for ns to consider very nar­ order to admit Chinese and Japanese that were excluded under rowly, very closely, in regartl to the incorporation of those islands the general operation of the laws of the United States. If it has into our territory. It is not only thatwehavethe native Hawaiian not that meaning I fail t-o see what meaning it has. There must to deal with now, but we have the Japanese, we have the Chinese, be special laws in regard to labor to fit the conditions existing in we have the Portuguese from the Azore Islands plentifully inter­ those islands. The conditions are that those sugar plantations larded and sandwiched with native Hawaiian lepers. \Ve find can not be cultivated without the labor of the Chinese or the aboriginal races, incapable of self-government, to de~l with. Japanese or people accustomed to the rays of a subtropical sun. Mr. President, we have problems enough of that kmd at home Mr. SPOONER. Will the Senator from Louisiana allow me to to solve. There'isnot aSouthern man in the Senate or elsewhere ·ask him a question? who does not know the difficulties of solving the race problem. Mr. CAFFERY. Certainly. Gentlemen who say that.that problem is solved are mistaken in Mr. SPOONER. What does the Senator understand to be the their statement. The black element in the South has been a dis­ effect of annexation upon existing contracts for labor, long-time turbing element there ever since the war. It will remain a contracts, which of course affect private rights? disturbing element there for a considerable period of time, until 1\!r. CAFFERY. Of course all the contracts between the plant­ such time as the blacks are absorbed in the mass of the popula­ ers of Hawaii and their employees, being of a private cha1·acter, tion of the United States. must be maintai:q,ed by the Government of the United States. Now, Mr. President, what kind of ~government are we going They can not be abrogated, because that would be violating upon to set up in Hawaii when we get it? We will have a quasi-mili­ the part of the Government what it prohibits States from doing. tary government. The man who is sent as governor of Hawaii It would be impairing the obligation of contracts. must have a considerable amount of authority. It is necessary to Mr. SPOONER. Of course that limitation does not apply to govern that country largely by force. It is so governed now. The the Federal Government. constitution of Hawaii is not the constitution of a republic. The 1\Ir. CAFFERY. No. oligarchy that succeaded in that country to power have established Mr. SPOONER. The limitation on the power of the States does themselves so fu·mly that they can never be ousted from power by not apply to the Federal Government, but I speak of it with peaceful methods.- We find a constitution that gives the power reference to the effect of annexation, whether Hawaii does not of appropriating money to an advisory and executive council. We come in cum onere, so far as contracts and rtghts are concerned? find laws that prevent seditious or indecent publications. We find Mr. C.-\FFERY. Of course all valid legal contracts subsisting laws that provide for a system of slavery worse in my opinion than at the time of the incorporation of Hawaii into the United States the system of slavery that prevailed in the South. must be maintained. The contract laborers are all held firmly in the grasp of the Mr. SPOONER. Valid according to the law of the place. criminal law. If a labor contract is violated the violator is pun­ Mr. CAFFERY. Exactly. ished, he is jailed; he is confined until he obeys the mandate of Mr. MALLORY. I should like to ask the Senator from Loui­ the sugar planter. The oligarchy that succeeded to power in 18M siana if he wishes to be understood as saying that labor contracts, . perpetuated themselves from 1893 until1900, and there is no possi- for instance, which are in contravention of our laws regardins

I 1898. CONGRESSIONAL RECORD-SENATE. 6485 1 I labor contracts, would be maintained after the annexation of the we treat is willing to do so, I do not know anything in our Con- islands? stitution which prohibits it. I Mr. SPOONER. That is the question I put. Mr. SPOONER. Does the Senator mean to be understood, if a ' Mr. CAFFERY. I think the labor contracts must be carried person has acquired, paid for, and owns under the laws of Hawaii . out. a plantation, that by any contract or treaty between the United Mr. MALLORY. That is the ~enator's opinion? States and the Hawaiian Government that title could be divested? Mr. CAFFERY. Yes, sir; contracts made prior to the incor­ Does the Senator go that far? 1 poration of Hawaii into the United States, contracts valid nuder Mr. MALLORY. ·I do not mean to say that I should advocate the laws of Hawaii, I think must be carried out. any such thing, but I am talking about the power. I do not think Mr. MALLORY. Notwithstanding they are in violation of there is any limit on our power to do it if the other party to the the laws of the United States? compact or treaty acquiesces in it. Mr. CAFFERY. I think so. Mr. SPOONER. Of course our power would not be extraterri-' · Mr. BATE. We take the islands cum onere. torial. Mr. CAFFERY. We take them cum onere. We might as well Mr. MALLORY. We are sit;nply taking from Hawaii certain say that as some of our laws in regard to·the holding of real prop­ territory and treating for certam rights which she chooses to erty differ from the laws of Hawaii and denounce the holding of give us. property under certain titles, they should apply to property held in Mr. SPOONER. I was speaking of the right. Hawaii under titles contrary to our laws. I believe those labor Mr. MALLORY. There may be a law in Hawaii to prevent it; contracts would be maintained. ·However. Mr. President, I have the Hawaiian constitution might prevent it; but we are not ob­ never given that question any attention. It is my impression that serving the Hawaiian constitution. we take those islands, with their people and their contracts, just as Mr. SPOONER. But I am speaking about rights which are they are. We have no more right to abrogate their contracts than vested under the constitution and laws of Hawaii. What right we have to deport the Chinese or the Japanese who may be there, would the Senator think would survive that treaty made by the and we can not do that except as a matter of force. We can not Hawaiian Republic with this or any other Government? Does the do it legally. Senator think, for instance, that the marriage relation as it exists Mr. PASCO. I should like to ask the Senator from Louisiana in Hawaii could be disrupted by a treaty made by the United if he does not think that the Constitution of the United States, States and the Republic of Hawaii? after all, would be the organic law and would control contracts Mr. MALLORY. I have said that I do not see any limitation of that character in Hawaii just the same as in other parts of the on our power_to make a treaty and to include in that treaty any Union in case the Hawaiian Islands should become a part of the stipulation or provision that we desire. It is with Hawaii to say United States territory? . whether she would acquiesce in a violation of her constitution. Mr. CAFFERY. The Constitution of the United States would Those people with whom we treat are not members of the United extend over Hawaii, but all the statutory enactments of Congress States Government; they_ are not citizens of the United- States would not extend over Hawaii. until after the ratification of the treaty. Mr. PASCO. Would contracts in violation of the principles of Mr. SPOONER. I admit that, of course. our Constitution still stand if the Hawaiian Islands should change Mr. MALLORY. As soon as the treaty is ratified and takes their nationality? That, it seems to me, is the point . to which effect it becomes the paramount law of the land. investigation should tend. Would not that still be the supreme Mr. SPOONER. I assume that the Hawaiian Government law in spite of any contracts previously made? would be at liberty to change by its legislation, or it might change Mr. CAFFERY. That is a question of great difficulty and em­ perhaps by treaty; but I am not referring to that. The class of barrassment. I think that the labor contracts would endure. It is cases I am referring to are valid rights under-the existing laws of not a question whether they were made in violation of our statutes, Hawaii. · but the question is whether, beingmadeoutsideofthe United States, Mr. MALLORY. It is an abstract question. I do not know of under another jurisdiction, and valid where made, the incorpora­ any power in our Constitution to prevent us from entering into tion of Hawaii would invalidate them because they might be re­ any such treaty if we choose to do so. I think the question of pugnant to our statutes. That is a very serious question, and one whether it is wise or moral or. proper is a question to be deter­ upon which, while I have some doubt, I rather think the contracts mined by the Senate. would be maintained. Mr. SPOONER. I am speaking about the legal effect of it. Mr. MALLORY. If, by treaty, we stipulated as to those con- Mr. MALLORY. The legal effect would be, I think, that as tracts, we undoubtedly could wipe them out? treaties are paramount, and as they are the supreme law of the Mr. CAFFERY. Perha.ps so. land, together with the Constitution and laws, the effect would be Mr. SPOONER. We can not hear what the Senator says. that it could not be reached, it could not be attacked in any way Mr. MALLORY. I say there is no question that by treaty we that I know of. · could wipe out those contracts if we chose to do so. That ·is my Mr. PETTUS. Mr. President- impre·ssion. · The PRESIDING OFFICER. Does the Senator from Louisiana Mr. SPOONER. A treaty with whom? yield to the Senator from Alabama? Mr. MALLORY. A treaty with Hawaii. If we choose to in­ Mr. CAFFERY. Yes, sir. corporate that in the tt·eaty we could do it. Mr. PETTUS. I desire to ask the Senator from Louisiana a Mr. CAFFERY. Not without the consent of the contractors. question. If these contracts for labor are valid as made under the A treaty could not violate individual contracts. laws of the country, and they are afterwards, by the sovereign Mr. MALLORY: I think it could. power over that country, declared to be invalid, does not the Mr. SPOONER. How far does the power go, in the Senator's Senator know that they thereby become null and void? opinion, to interfere with private rights by treaty? How far does Mr. SPOONER. Of course, if declared invalid by the courts of the right go by treaty to interfere with contracts under which that country. · rights have become vested which were lawfully entered into? Mr. CAFFERY. If t'b.e courts declared them to be invalid, the Mr. MALLORY. I think it goes to the extent that, if Hawaii parties litigant would have to obey the judgment of the. court. is willing to do so, there is nothing to prohibit her from doing it Ho it would be a moot question. It would not make any differ­ and incorporating it into the n·eaty; and when the treaty is estab­ ence whether va~d or invalid, the court having determined them lished, the treaty becomes the paramount law so far as we are so to be. a superiOr power would compel obedience to its man­ concerned. date. The question that was being discussed was whether or Mr. SPOONER. What about title to property? Suppose a not we had a legal or other right to pronounce contracts invalid citizen of the Hawaiian Republic has entered into a contract for which at the time of the incorporation of the territory of Ha­ property; does the Senator understand that a treaty entered into waii were valid, not whether after a court had pronounced them between this country or any other country and Hawaii could in- to be invalid the question could be again raised. - terfere with that property right? · Mr. PETTUS. My question related to the enactment of a law Mr. MALLORY. I am inclined to think it could if that was a by the sovereign power over the country declaring the contracts part of the treaty. to be illegal. Would they not thereby become void? Mr. SPOONER. I am only asking to get at the Senator's opin- Mr. CAFFERY. That would be a question for the courts to ion as to the power. • determine. That is all. If the power of the sovereign to declare Mr. MALLORY. I think we have that power. these contracts invalid was questioned and brought before a court, Mr. SPOONER. Then where is the limit of the power? the result of the trial before the court would fix the validily or Mr. MALLORY. The only limit is in the sense of justice and invalidity of the law, but it would not deprive the citizen of a propriety on the part of the Senate of the United States and the right to i{O before the courts and litigate the question. President of the United States. Mr. PETTUS. I desired an answer from the Senator from Mr. . SPOONER. Does the Senator think that an absolute prop­ Louisiana, he being the judge. I ask whether, these labor coli­ erty right could be divested by treaty? tracts having been declared void by the sovereign power over that Mr. MALLORY. I think so. If the government with whom territory, he as a judge would enforce one of them? ' '

6486 CONGRESSIONAL REOORD-SENATE. JUNE 29,

.Mr. CAFFERY. Mr. President, that iB a question that reaches There is indeed in our Crown colonies a remarkable expansion of trade very far down into the merits of this controversy raised by these and reyenue, although the growth of populP.tion is more rapid still. The West Indies, which were once most important to our Empire, now figure for questions. I have stated that my view at first blush was that all only 1 per cent in our trade, but they give us naval stations and they permit contracts valid under the laws of Hawaii of a private character us to try experiments which are useful to the world in the production of the were to be maintained as valid under the incorporation of Hawaii fruits of tropical labor. We have seen that the British West Indies. like Canada, are feeling to some extent the attraction of the enormous nei~hbor­ into the United States. It may be that, upon further reflection, iJ}g body of the United States, and there is now an American party m the that opinion would give way either to authority or to precedent, West Indies. In my opinion, the islands will r emain British and not become but that is the present conviction in my mind. American, but will more nnd more be "black countrie . " Even if I were a judge I would have to decide that in regard to While the population of the French colonies, as well as the contracts valid under the laws of Hawaii, contl·acts that were power of the French, are rapidly passing into the hands of the not repugnant to good morals, were to be maintai~ed as valid, blacks, it is not so with regard to the English colonies; but it is true notwithstanding the United States laws were of a different char~ that the population in the British West Indies does not incTease acter. Of course there are some classes of cases where the con~ among the whites; it does among the blacks, and hence the con~ tracts might be of a character to 'invade the domain of good elusion of this author that these colonies, while they will not morals, or might be repugnant to some provision of the Consti.tu~ cease to be British and become American, they will become black tion of the United States. In that category of cases I rather think countries. that the judges of the United States courts would set aside the Mr. President, the Senator from South Dakota [Mr. PETTI~ contracts. That is a question that iB very remotely connected GREW] presented some statistics in the Senate the other day while with the question that I am now discussing. addressing it upon this question! showing that the white popula· I was attempting to discuss the question of the effect of the pop­ tion in all these subtropical countries had not only not increased. ulation in Hawaii on any government that t~e U~ited States but had diminished, and that the black or colored population had miuht install there. I believe that that population will have are­ increased. Those statistics showed that the white men do not fle; action upon all Americans who either govern the island or labor in the open air. In fact, I know from my own observation who live there. I believe that it ia impossible for two opposite that a sun much hotter, with much fiercer rays than we have in and opposed races to live together, a superior a?d an inferior r~ce my own section of the conn try unfits a white man to labor in the to live toO'etherunder the same government, W1thoutthesuper10r open field; and I do not believe, Mr. President, that there is a and para~ount race dominating ~he inferior or subordin.ate race. solitary instance in all the history of our race where it can flourish I believe that that state of affarrs works very deletenously to under conditions that our yeomanry can not work in the open American republican institutions. fields. I believe that the largest portion of the troubles which the If you have a dominant ruling class of whites, they may endure Southern States have undergone since the war is due to the pres~ living under the hot rays of the equatorial sun· but I do not be­ ence of an inferior race mixed up with the superior and domina~ lieve that any country can prosper up to its full limit unless the ing rae~. I believe that the presence of the negroes in the South race which governs that country has its yeomanry of its own hind has occasioned untold loss to that section, if it has not engendered and color tilling its soil and working in the open air. There is the deenergizing in some particulars of our Southern people. I not an instance on record that I know of where the race to which believe that we have enough of the black and colored races in the we belong has ever thriven in such tl·opical countries. The sun United States now. I believe if by prudence and wisdom and seems to dry up the energy, the strength, the push, and the activ­ temperance and justice we can solve the problem which is pre­ ity that characterizes our branch of the Caucasian family. sented for solution to the people living in my section, we shall Mr. President, it occurs to me that when we are industriously indeed be a fortunate people. excluding from our borders by immigration laws the undesirable I believe it will be dangerous in the extreme to incorporate into class even of our own blood and color, it is inconsistent to intro~ our body politic any more of the elements of the Mongolian or the duce at one fell swoop about 40:000 people living in the Hawaiian Hamitic races. I believe that their presence in the South has Islands. If certain people of our own klnd are undesirable, much been a strain upon our institutions, which, but for their elasticity more are these leprous Kanakas, these contract-labor coolies, these and strength and power and the sobriety and judgment of the Japanese who come from the slums of the cities of Japan. people, might have occasioned some very serious inroads in our To incorporate that number of these Asiatics into our country republican. institutions. iB no light matter to me. That population is bound to have an I therefore deprecate, Mr. President, the incorporation of these injurious effect upon the white people among whom they live. It Asiatics, Japanese, and Kanakas into the body politic of the can not be avoided. The manner in which they must be ruled, United States. It iB impossible to hold them absolutely in tut~ the drastic authority which the white man is bound to exercise lage· it is impossible to hold them forever under the contract~ over them, iB totally at war with our idea of that individual lib­ labo~ system, which now prevails in Hawaii, which is but little erty, that individual independence, that manliness which ought better than slavery. Sooner or later, if we annex that territory, to exist everywhere in the ranks of our people, the lowest as well these people must have a qualified or a full suffrage given to as the highest. them. Sooner or later that territory must become a State, or the These considerations appear to be of no moment, nor does the United States will inaugm·ate a system of provincial government consideration as to the 13,000,000 inhabitants in the Philippines of foreign territory, which I believe to be utterly foreign both to appear to be any obstacle to the aggressive sphit of empire. I the views of the original framers of the Constitution and to the have quoted from certain gentlemen that the flag must never be security and perpetuity of our institutions themselves. lowered, erected where it may be, in the Philippines, in the Ma~ Mr. President, what wise or good patriotic citizen of the South deira Islands, in the Ladrones, or in any other possession of the does not deplore that ever an African set his foot upon the soil of Spanish Crown, notwithstanding our institutions will be sub­ the United States as a slave? What man is there who does not jected to the strain of ruling these dusky tribes, these half-savage know the evil and the calamities that have fallen principally upon people, under an autocratic and despotic authority entirely repug~ the whites by reason of the presence there of the two races? nant to our ideas of civil government. The history of our race, Mr. President, the branch of the Cau~ It will be a sorry day, in my opinion, when we go abroad and casian family from which we spring, shows that the Anglo·Saxon by conquest and war take outlying islands situated in the Tropics and the Anglo-American will dominate any inferior race. and incorporate them into our midst. It is bad enough to go We either have to dominate them or we have to leave the country outside of our own borders, to go outside of our own compact to them, and by one process or another the character, of which it country, and incorporate people of our own kind, for we have is not necessary for me to speak, the white man in the South has enough to satisfy the greed of anybody for territory, it appears done what the white man of our kind and race has done every~ to me. Of the 3,000,000 square miles of land in the United States where he has planted his footsteps, he has maintained superiority about one-half is arable. Of the 1,500,000 square miles of arable and dominance of all black races with whom he has been thrown land there are not more than 300,000 square miles cultivated. Our in contact. I do not want, nor does any other Southern man 70,000,000 people can be very easily swelled to 300,000,000, and want or ought to want, any more of that unassimilable element there will be plenty of standing room left in the United States. that we find in the islands of Hawaii. Why are we earth hungry for these possessions? Last night, in a book which I happened to look over, I found a Ah, Mr. President, they say it is the necessity of war. We have pas age which I shall read. It is Problems of Greater Britain, heard various pretexts heretofore for the annexation of these by Mr. Dilke. He is writing about the crown colonies of Great islands, and now military authority is quoted as to the necessity Britain, and on page 222 of his book he says: at the present time of incorporating these islands to keep off some On the whole it will be seen that while in the French colonies property as imaginary foe, for we have no real one, at some distant indefi~ well as power is passing into the hands of the "colored" population and of 1 the blacks, in their English neighbors this is the case only in a less degree, nite time in the future. To-day upon the deficiency bill was while the importation of Indian labor has enabled the old system of large placed an amendment appropriating about 8150,000 for the im~ properties to be kept up in many of our Crown colonies. It has been shown provement of Pearl Harbor. I ask the chairman of the Naval 8J.so by our in9_uiries that it is a mistake to suppose that our tropical colonies are in a condition of decline. They hold a secondary place in our attention Affairs Committee whether it was not about $150,000 which is to because of the immense development of Canadian and Australasian interests, be appropriated for that purpose? but they are on the whole fairly prosperous and progressive. General Schofield says that with the harbor fortified as we will 1898. CONG-RESSIONAL REOOR»~SENATE .. 6487 fortify it it will be the key to the Pacific. We want no other we-have all that is necessary for defensive plll'poses, we. have all part of the islands than the harbor for strategic purposes. We that :is necessary for aggressive purposes~ and. what nation can: have the- harbor. Why take all these seven little islands situated assail us from the Pacific, may I inquire.. Will China. do it1 Will from 10 to 25 miles from each other, with their heterogeneous Japan.do it? Russia has no navy. She conld.not do it. Even if population, with the troubles. and embarrassments that the gov­ she obtained· the coveted portion.of China, Manchuria, which is to, ernment of those people will devolve upon the United States? If be the terminus of the Siberian railroad, that possession would be it is necessary from_a military point of view-and that is doubted too insignificant for her to build a vast navy whicli miglit operate by a great many-;-to esta_blish ~ toaling station at Pearl Harb~r, offensively ag-ainst the United States. fortify that coaling station With the necessary works-; establish So a11y enemy from the Pacific js altogether out orthe question. there, if you please, a garrison; but, what more do they want? The fears conjured up in. that direction have no foundation .. Do we have to take the seven islands in order to hold the key to None of the nations of Europe woulcL sail around the Horn or the Pacific? Is not the island of Oahu enough-if we have to take through the Nicaragua Canal, if it were built,_ to attack us upon one-in which Pearl Harbor is situated? Why do we- want all of the Pacific coast. Any attack on our Pacific slope mu...'it neces­ them? , sarily come from the Orient or the oriental countries, or their Mr. President, we are not military experts; but when a matter borders; and if a steamship has to be coaled, and if we have a is submitted to us of a military kind we must exercise the best coaling station well fortified at the Sandwich Islands, is not that judgment we have in the premises. It is a duty devolving upon all that is necessary to prevent any offensive attack upon our us-to look at the question from the sfandpoint of the intelligence frontier from that direction? It occurs to me so. that we have in regard to the matter. It never occm:red to me Then, again, it has been stated and not successfully controverted­ that it was a wise thing, in common sense or military strategy~ to that islands which we already have in the Aleutian group afford go 2,100 miles from your own base to fortify an island as a defen­ better harbors and furnish a shol'ter route to the East from San sive post. We then have the island and our own coast both to Francisco than by way of Hawaii. We can fortify Unalaska fortify and to defend, and each one of those islands that we take, make it a coaling station, make it a point of defense or make it a each one of those outlying possessions in the sea that-we have to point of offensive attack, if we have a war, and what more do we defend, involves, in my judgment, just that much more military want? power and strength. 1\fr. Commander l\felville bas stated that the route on the Pacific Upon that subject Mr. Bryce, a writer of great distinction, a by way of the Aleutian. group was too difficult of navigation on: man of great eminence, has written an article in the Forum of account of the fogs and ice, but a member of our body who has December, 1897, from which fwill read a few-passages. On page traveled that route distinctly denies that statement. There are 386 he says: no fogs there of any consequence; there is no ice at all. So, there­ The argument most frequently used in the United States to recommend fore, from a military standpoint, even from a point of strategic the annexation of Cuba and Ha.waii is that their annexation would strengthen advantage, all that Hawaii can afford is already ours, and if Pearl the strategic position of America by giving her two points of naval vantage­ Harbor is not sufficient, we have the Aleutian Islands, just as one commanding the Caribbean Sea and the other the Eastern Pacific, thus protecting her southern and western coasts. good and better. Now let it be noticed how exceptionally- sb·ong is the position which But if one will read the testimony of these military strategists­ America already holds. Of the great powers of the world~ 'she and Russia ! do not care to refer t.o them too extensively-it will be observed are-the only ones that have no insular territories to defena. All the terri­ tory of the United States is territory on her own continent; and all of it ex­ that their reasons are more of a political character-than of a mili­ cept Alaska is continuous land territory. Accordingly America and Russia tary kind. None of them stop at the military point, but all of are the only countries no part of whose-territory can be cut off from them them indulge in speculations of the enormous advantages, poll tical by a naval enemy. They are also countries of such enormous size and such advantages for defense that no one thinks of invading-their interior. Since and commercial, to the UnitedStatesofhavingthe islands. They Napoleon's failure in 1812 it is admitted that an attempt to J>enetrate the open up to us large avenues of wealth and trade, especially the interior of Russia would fail; and an attempt to invade the United States wealth of the Orient, as if it were necessary for us in order to have would have even less chance of success. Every other great Enrovean power has territories which lie-at the mercy that trade to occupy every intermediate island m the Pacific Ocean. of a stron~er hostile fleet. Britain has to defend not only Ireland but her Trade is not made by establishing outposts of a military charac­ vast colorua.l and Indian dominions. France has colonies which are practi­ ter. That is not the way to make trade-to build fortifications­ cally hostages to England or to any other naval power that might be able to drive Fl·ance off the seas. They are not very imnortant hostages, but, so far and posts along your frontier or out in midocean. as they go, hostages they are. Similarly, the even less valuable colonial pos­ Our trade with China or with the Orient will come about by sessions of Germany are hostages both to France and to England, as both natural trade conditions or it will not come at all. England these countries have fleets stronger than the German; and although the cap­ ture of these outlying territories would not affect the issue o! a European trades-with her colonies to some extent. She allows the Canadians. struggle, still the loss would be felt by any of these powers as, in some meas­ and the Australasians and the New Zealanders to impose against ure, a humiliation, and would become an element to be considered in settling her whatever tariff their colonial legislatures. choose to adopt. the terms of a peace. Just in the same way, Cuba and Hawaii, in the hands of the United States, The trade flows by natural laws and not by artificial and forced would be liable, at the outbreak of a war, to be seized by the fleet ofanyenemy laws; and if England can not even command the trade of her dis­ stronger at sea.; and the only way to prevent this would be for the United tant colonial possessions by erecting a chain of post3 and coaling States to maintain a fleet-in the Pacific and another in the Gulf of Mexico stations in their proximity, how can we hope to establish trade powe1·fnl enough to defend both islands. Now, of course, the United States can, if she likes, build and maintain a navy adequate for this purpose. But with China by occupying the Sandwich Islands by military forti­ is it worth her while to do so? Why should she spend the hundreds of mil­ fications? lions of dollars that would be needed? Of all the great powers of the world she is the one least likely to be attacked; not only because she has few occa­ I do not see the force of this reasoning. I can not apprehend sions for quarreling with other states, but also because no other state has the doctrine that in order to have trade or even in order to have anything to win by fighting her. security it is necessary to go out and acquire outlying territories There is not a power in the world which would not lose more than it could and expend vast sums upon their maintenance for uses to which possibly gain by a war with America; so that the only circumstances that can be imagined as likely to induce a war is gr~t exasperation of feeling arising they may be never applied. Our frontier can be defended at­ from overbearing conduct or injurious language proceeding from one or home. The way to defend it is by coast defense. other party to the dispute. The conclusion follows that unless the United Our Navy ought to be augmented so as to be commensurate with States desired to nnd.ertake some war of aggression-also an improbable hy­ pothesis-she has no occasion for a navy equal in numbers and armament to the extent of the augmented coast fortifications, and when we the navies of the greatest European powers. In other words, a great ~avy have a navy commensurate with our needs, and have our coast would be to her a luxury, and a very costly ltiXUry. to'~.s fo~tifie<;l. we will. have. no need of ~hese allege~ sh·ategic We in England are unluckily obliged to have a formidable navy beeause we are confronted by formidable and not always friendly rivals, and have an poSltions m m1docean, either m the Atlantic or the Pacific, unless immense trade and wide colonial dominions to protect. We deplore the we go upon a war of aggression and conquest; and it would look as gigantic' sums that we are annually obliged to devote to our fleet-sums all if all these arguments were directed not to the condition that the larger because fashioiLin naval matters changes so fast that a ship which has cost some millions of dollars may in a few years be prononnced obsolete. ought to obtain in the United States, not to that condition of peace It is, however, supposed, whether rightly or wrongly I need not inquire, that which has characterized us for a century of existence, but to a con­ Britain can not help herself; and must go on increasing her annual naval vote. dition of unlimited conquest and of expanded empire, a condition Mr. President, not only does the distinguished Englishman ad­ that would befit a conquering czar or triumphant aueen, but do vance arguments in this communication of his to the Forum not consist with our republican institutions. - which in my opinion are impregnable, but those arguments pre­ Mr. President, it is said, and vociferously said, that the sugar vail with a large and intelligent portion of our fellow-citizens. trust is opposing this scheme of annexation. There is a paper The ordinary mind can not see how it is that we can defend our published in this city that in nearly every issue publishes an frontiers by increasing them. The more you increase your fron­ article attacking the opponents of this scheme as being the agents tier the more force is required to protect it. of the sugar trust, not employed agents, but as representing the That proposition appears tome to be self-evident. But it is said interests of the trust. Mr. President, if there is anyone not in that the modern method of warfare entirely changes the situation opposition to this bill, in my mjnd it is the sugar- trust. If it and makes it necessary for the different nations of the world, in does not, it ought to want annexation. order to carry on war successfully, to have naval stations situated The sugar trust controls the price of raw cane sugars the world at various points in the ocean in order to furnish coal to their over. What the sugar trnst wants is raw cane sugar. The only vessels. If we have a naval station, as w-e have at Pearl Harbor, , cmnpetitor with. the sugar trust, to-day in the United States is the 6488 CONGRESSIONAL RECORD-SENATE. JUNE-29, producer of beet sugar in the Western States. The sugar of the .Mr. DAVIS. What is the desire of the Senator from Tel}nessee? Hawaiian Islands amounts to about 250,000 tons annually. That Mr. BATE. I say if it is the desire that I shall go on, I am sugar is sold in San Francisco to the sugar trust. That sugar is willing to proceed, but it is after 5 o'clock, and an executive ses­ sold under a contract with the trust. It is bought by the trust. sion is to be had this evening. It is made up into refined sugars, and those are precisely the Mr. DAVIS. Has the Senator taken the floor? sugars that the Hawaiians can not make and that the sugar trust The PRESIDING OFFICER (Mr. GALLINGER in the chair). does make. The Senator from Tennessee has been recognized. Not only does the sugar trust control the price of raw sugar in Mr. BATE. Yes, sir; I have taken the floor. _ Louisiana., in the Philippine Islands, in South America, but it Mr. DAVIS. Has the Senator from Louisiana concluded? controls it in Hawaii. By annexation the trust would remove all Mr. CAFFERY. Yes, sir; for the time being. danger of abrogation of the reciprocity treaty, which would im­ pose a larger outlay on the trust for its raw sugar. The trust does EXECUTIVE SESSION. not desire expansion of the beet-sugar output. For beet sugar, Mr. DAVIS. I move that the Senate proceed to the considera­ by its peculiarity, can be turned out directly from the centrifu­ tion of executive business. gals into consumption, and thereby compete with refined cane The motion was agreed to; and the Senate proceeded to the con­ sugars. But cane sugars, to compete with beet'3, must be refined sideration of executive business. After forty-two minutes spent very largely. Hence, it would seem that to keep down beet sugar, in executive session the doors were reopened, and (at 5 o'clock and the trust would not object to using Hawaii for that purpose. And 47 minutes p.m.) the Senate adjourned until to-morrow, Thurs­ that purpose can be better effected by having Hawaii always at day, June 30, 1898, at 11 o'clock a. m. hand, under the jurisdiction of the United States. . _ Why, therefore, these broad allegations that th~ sugar tr~st.~s in favor of this movement to oppose the annexatiOn of Hawan? NOMINATIONS. Let those who make this charge prove it. It might well be that Executive nominations received by the Senate June 29, 1898. for selfish rea ons the trust would oppose annexation. This would not be any reason for maligning those who, on broad grounds of COLLECTOR OF CUSTOMS. policy and law, likewise opposed the scheme. The trust can be William Mahone, of Virginia, to be collector of customs for the broken down in but two ways: First, by a combination between district of Petersburg, in the State of Virginia, to succeed Thomas the beet and cane growers in the United States to refine all their L. Shippen, whose term of office ha-s expired by limitation. sugars and make an article as good as the trust's, and try to break them down by their unaided competition; and. seco~dly , by legis­ PROMOTIONS IN THE NAVY. lation of a character to destroy the system which gives them con­ Lieut. John B. Bernadou, United States Navy, to be advanced trol over prices. ten numbers on the list of lieutenants, from No. 201-to No. 191, The sc,cond plan might as well be given up. ·Legislation appears under the provisions of section 1506 of the Revised Statutes, for to be powerless to affect a monopoly which thieves under the very eminent and conspicuous conduct in battle at Cardenas on May law enacted to crush it. Now~ the area of cane-sugar production 11, 1898. in the United States is limited. The beet area is not accurately Asst. Paymaster Richard Hatton, to be a passed assistant pay­ known but is known to be very large-large enough to supply master in the Navy, from the 26th day of September, 1897, vice the dothestic demand. If a competition strong enough to make P. A. Paymaster George W. Simpson, promoted. head against the trust is to come, it must come mostly from beet Asst. Paymaster Barron P. Du Bois, to be a passed assistant sugar. The more cane sugar that Hawaii makes the less can paymaster in the Navy, from the 1st day of November, 1897, vice beets compete with the trust. It would therefore seem, Mr. P. A. Paymaster Harry R. Sullivan, promoted. President, that the trust would like to use Hawaii as a club to Asst. Paymaster Harry E. Biscoe, to be a passed assistant pay­ destroy the beet competition. · master in the Navy, from the 5th clay of February, 1898, viceP.A. Now, how does the trust QOmmand the price of sugar in Loui­ Paymaster Samuel L. Heap, promoted. Eiiana? It is simply this: TheLouisianaplanters make about 320,- Asst. Paymaster John Irwin, jr., to be a passed assistant pay­ 000 tons of sugar-! am not positive about the figures, I have ~ot master in the Navy, from the 12th day of February, 189 (subject looked up the point lately-and they can only sell those sugars to to the e.xaminations required by law), vice P. A: Paymaster John the jobbers. The wholesale dealers do not buy sugru·s from the Q. Lovell, promoted. Louisiana planters. Why? Because if they do the sugar trust Asst. Paymaster George G. Seibels, to be a passed assistant pay­ boycotts them. The sugar trust sells under a commission. Every master in the Navy, from the 6th day of March, 1898 (subject to wholesale dealer is virtually a factor of the sugar trust. They the examinations required by law), vice P. A. Paymaster Edwin can not sell below a certain price, and they are allowed a com­ B. Webster, discharged. mission. Asst. Paymaster Edmund W. Bonnaffon, to be a passed assist­ Now, if they do not buy exclusively from _the sugar trust, the ant paymaster in the Navy,from the15thdayof March.1898 (sub­ sugar trust will not let them have any of the1r sugar. If they go ject to the examinations required by law), vice P. A. Paymaster off and buy a small lot of sugar from a L~uisiana sugar planter James S. Phillips, promoted. and the sugar trust finds it out, they will bla-cklist him; he can Asst. Paymaster Joseph Fyffe~ to be a passed assistant paymas­ not get any more sugar. ?-'hat forces the wholesale dealers, ~~ere­ ter in the Navy, from the 30th day of March, 1898 (subject to the fore, to deal exclusively With the sugar tru_st; and _the Lomsiana examinations required by law), Vice P. A.· Paymaster Thomas S. planter has to peddle his sugar out at a priCe considerably below Jewett, promoted. what he could get were not the sugar trust in entire control of the market. APPOIXTMENTS 11\ THE VOLUNTEER ARMY. Now, take the price of L~uisiana yellow clarified suga1·s, for FIRST REGIMENT UNITED STATES VOLUNTEER. ENG~EERS. instance. Those sugars polarize about 98°. They are clean sugars. They are washed when they are coming through the centrifugal. To be ass-istant su1·geon tOith the 1·ank of first lieutenant. An a1·ticle of 96-test Cuban centrifugal, unwashed, polarizing 2° Walter D. Webb, of New York. below will sell for as much and more in the New York market The nomination of Charles D. Webb, of New York, for the than ~e can sell our 98 yellow clarified at the r~tail price. The above-named office, which was delivered to the Senate June-, general average of price has been from three-eighths to a half 1898, is hereby withdrawn. · a cent lower for the Louisiana centrifugals, clarified, 98°, than for the 96-test Cuban centrifugals in New York. That shows that NL~TH REGIMENT UNITED STATES VOLUNTEER IN FAl\"TRY. the sugar trust has control of the market for the raw sugars. To be lieutenant-colonel. What more does it want? What better does it want? To keep Hawaii just where it is or to annex it. David M. Sells, of Colorado. But the reasons for the trust's desiring annexation are much The nomination of D!l.vid M. Sells, of Iowa, for the above­ stronger than its reasons for keeping the islands where they are. named office, which was delivered to the Senate June-, 1898, is But whatever the trust may want is no concern of ours. We hereby withdrawn. can not be driven from opposing a scheme fraught with danger SIXTH REGIMENT OF INFANTRY, to our Constitution and our policy because an odious monopoly may concur with us on grounds of self-interest. To be captains. Mr. BATE. Mr. President-- Ike T. J obe, of Kentucky. Mr. JONES of Arkansas. Does the Senator from Tennessee Wil1iam H. Gillenwaters, of Tennessee. desire to go on this afternoon? . William W. Henderson, of Tennessee. Mr. BATE. It is after 5 o'clock. We could go into executive William B. Penny, of Kentucky. session. If it is insisted on, however, I will proceed. - Benjamin W. Hooper, of Tennessee. Mr. WHITE. I suppose there will be no de~ire to insist that Winston Baird, of Tennessee. the Senator from Tennessee shall go on at this late hour. Douglas E. McDowell, of Tennessee. 1898. CONGRESSIONAL RECORD-SENATE. 6489

James J. Bowers, of Tennessee. CONFIRMATIONS. Charles W. Wadsworth, of Tennessee. Executive nominations confi1"111R,d by the Senate June 29, 1898, Oliver E. Fox, of Tennessee. Xenophon Z. Hicks, of Tennessee. PROMOTIONS IN THE ARMY. To be first lieutenants. INFANTRY .A.IDI. Frank E. Murphy, of Tennessee. To be captains, to datej1·om Ap1'il26, 1898. Thomas A. Davis, of Tennessee. George F. Milton, of Tennessee. First Lieut. Edgar W. Howe, Seventeenth Infantry. James P. Clark, of Tennessee. First Lieut. William Black, Twenty-fourth Infantry. Frederick H. Gregg, of Tennessee. First Lieut. John Newton, Sixteenth Infantry. Edgar R. Carter, of Tennessee. First Lieut. Frank P. Avery, Third Infantry. John T. Fuller, of Tennessee .. First Lieut. Samuel W. Dunning, Sixteenth Infantry. Thomas F. Peck, of Tennessee. First Lieut. Joseph M. T. Partello, Fifth Infantry. Jacob B. French, of Tennessee. First Lieut. William E. P ..French, Third Infantry. Frank Maloney, of Tennessee. First Lieut. Lewis H. Strother, First Infantry. Lou Routhan Dennis, of Tennessee. First Lieut. Francis P. Fremont, Third Infantry. Autry Greer, of Tennessee, vice Wright, declined. First Lieut. Charles M. Truitt, Twenty-first Infantry. First Lieut. George Bell, jr., Third Infantry. To be second lieutenants. First Lieut. Charles· J. T. Clarke, Tenth Infantry. James W. Park, of Tennessee. . First Lieut. Warren H. Cowles, Sixteenth Infantry. Harris Lindsley, of the District of Columb1a. First Lieut. JohnS. Parke, jr., Twenty-first Infantry. Frank L. Case, of Tennessee. To be first lieutenants, to date from April 26, 1898. Grant T. Trent, of Tennessee. Cornelius C. Williams, of Tennessee. Second Lieut. John J. Bradley, Fourteenth Infantry. Elmer E. Houk, of Tennessee. Second Lieut. Douglas Settle, Tenth Infantry. Samuel F. Rogers, of Tennessee. Second Lieut. JohnS. Switzer, Fourth Infantry. Harry A. Sizer, of Tennessee. Second Lieut. Herbert 0. Williams, Eleventh Infantry. Andrew J. Brown, jr., of Tennessee. Second Lieut. George D. Guyer, Sixteenth Infantry. John Q. Tilson, of Tennessee. Second Lieut. William F. Grote, Eighteenth Infantry. Second Lieut. William H. H. Chapman, Twentieth Infantry. THillD REGIMENT OF INFANTRY, Second Lieut. Herbert N. Royden, Twenty-third Infantry. To be captains. Second Lieut. Isaac C. Jenks, Twenty-fourth Infantry. John D. Twiggs, jr., of Georgi~. Second Lieut. Alfred W. Drew, Twelfth Infantry. Frank R. F'l:ost, of South Carohna. Second Lieut. Hanson E. Ely, Twenty-second Infantry. To be ji1·st lieutenants. ·Second Lieut. Lewis S. Sorley, Sixteenth Infantry. Second Lieut. William M. Morrow, Twenty-first Infantry. Albert W. Gilchrist, of Florida. · Second Lieut. Benjamin F. Hardaway, Seventeenth Infantry, Rex Van Deu Corput, of Georgia. Second Lieut. Jasper E. Brady, j~., Nineteenth Infantry. Robert B. McBride, of Georgia. To be second lieutenant. CA. V ALRY ARM. Martin L. Williams, of Florida. First Lieut. F~ederick S. Foltz, First Cavalry, to be captaiv. Second Lieut. Elmer Lindsley, Fourth Cavalry~ to be first lie~ FOURTH REGIMENT OF INF.A.NTRY. tenant. To be captains. TRANSFER IN THE ARMY. Richard C. Marshall, jr., of Virginia. Second Lieut. Malin Craig, from the infantry a1·m to th~ cav· Henry A. Wise, of New York. alry arm. Henry C. Preston, of Virginia. APPOINTMENTS -IN THE VOLUNTEER ARMY: To be ji1·st lieutenants. Edmund L. Woodside, of Maryland. TENTH REGIMENT OF I_NF.A.NTRY. Charles C. ·Berkeley, of Virginia. To be second lieutenant. JohnS. Wise, jr., of Colorado. Joseph C. McClure, of South Carolina. Lee M. Lipscomb, of Maryland. To be second lieutenants. FOURTH REGIM.ENT OF INFANTRY. Howard W. Throckmorton. of New York. To be captain. Lawrence W. H. Peyton, of Virginia. William H. Monroe, of West Virginia. James B. Adams, of Maryland. Thomas M. C"'linton) of .Maryland. - SECOND REGIMENT OF Th"'F ANTRY. To be lieutenant-colonel. FIFTH REGIMENT OF INFANTRY. Second Lieut. Haydon Y. Grubbs, Eighteenth United States To be assistant surgeon with the 'rank of ji1·st lieutenant. Infantry. Charles P. Pollard, of Alabama. To be majo1·s. NINTH REGI~E~T OF INFANTRY. Hugh N. Swain, of Louisiana. To be captains. Mark M. Boatner, of Louisiana. James Henry Aldrich, of Louisiana. To be first lieutenant. Frank E. Patrick, of Louisiana. Robert M. Nolan, of Louisiana. Pitul J. Christian, of Louisiana. Willis P. Coleman, of Louisiana. THIRD REGIMENT OF INFANTRY, William Lowry, of Louisiana. To be captain. To be ji1·st lieutenants. William H. Cobb, of Florida. Louis E. Brown, of Texas. · To be second lieutenant. Sterling P. Brown, of Louisiana. Louis A. Barnett, of Louisiana. Eddy B. Stevens, of Georgia. Nelson A. Smiley, of Texas. SEVENTH REGIMENT OF Th"'F~'l'TRY, To be ·second lieutenants, To be chaplain. Adolph J. Wakefield, of Texas. John C. Hall, of Iowa. Philip Philipson, of Louisiana. To be captains. George W. Butler, of Louisiana. Wallace D. Seals, of Texas. Thomas R. Roemer, of Missouri. Adolph J. Jacobs, of Missouri. TENTH REGIMENT OF L'l'FANTRY, James 'J. Mayes, of Missouri. To be second lieutenant. EIGHTH REGIMENT OF INFANTRY. RobertS. Hansbury, of Pennsylvania. To be assistant su1·geons with the rank of ji1·st lieutenant. TO BE ADDITIONAL PAYMASTER. William W. Purnell, of the District of Columbia. Philip Dallam, of Illinois. Joseph L. Bell, of Illinois. 64-go OONGRESSIONAL REC ORD-HOUSE~ JUNE 29, .

:rnNTH REGIMENT OF INFANTRY, . priations for sundry civil expenses of the Governm.ent for the fiscal year ending June 30,1899, and for otner purposes, having met, after full and-free To be fi1·st lieutenants. conference have been unable to agree. J. G. CANNON, George N. Nelson, of Louisiana. WM. A. STONE. John T. Beckham, sergeant, CompanyF, Twenty-fourth United JOSEPH D. SA.YERS, States Infantry. Manage1·s on the pa1·t of the House. Sheldon L. Johnson, of Louisiana~ W. B. ALLISON, EUGENE HALE, To be second lieutenants. A. P. GORMAN, Manage1·s on the part of the Senate. Henry 0. Franklin, of Louisiana.. .Edward H. Phillips,. of Louisiana.. Mr. CANNON. Mr. Speaker, I desire to submit a motion that John C. Allen, of Louisiana. the House further insist upon its disagreement to the Senate amendments, and I want to say a word or two abont it. TENTH REG~ OF INFANTRY, The SPEAKER. The gentleman from Illinojs moves that the To be captain. House further insist upon its disagreement to the Senate amend. ments. William R. W barton, of Virginia. Mr. CANNON. Iwanttosaytothe House, first, that to-morrow FIRST REGIMENT OF ENGINEERS, is the last day of this fiscal year. This bill ought to be enacted before to-morrow passes by. If it is not enacted, I apprehend we To be capt~in. shall have to resort to a joint resolution: such as has been resorted Fir t Lieut. Archibald R. Livington. to in former years, extending the appropriations of the current To be second lieutenant. year for a specific time into the coming fiscal year. I hope it will not be necessary to do that. Wolcott L. C. Beard, of New York. . .Mr. SAYERS. Will the gentleman state to the House the date SEVENTH REGIMENT OF L"fFA.NTRY, on which the sundry civil bill passed the House? :Mr. CANNON. Away back in March some time, early enough To be captain. to have been disposed of hands down long ago; but, after all, the Harry Bingham, of California. Senate and the House must both act and agree. Now, I will take only a very short time touching these matters of disagreement. I SECO~'ll - REGTI\fENT OF E.."TGINEERS, want to state, however, a' fact that is generally known to the House, To be first lieutenant. that the body which proposes legislation, or a new provision in­ David H. Gilderslee-ve, of New Jersey. volving legislatien as well as appropriation, must recede if the other body does not agree to it. That is the practice between the TO BE .ADDITIONAL PAYM.o\STER. two Houses. Washington Haverstick, of Wisconsin. Now, the matters in disagreement are six, or five, practically. The first one is the public building at Annapolis, :Md., $!20~000 . FIRST REGIMEN-T OF E..."fGINEERS, The second is a public building at Butte, Mont., 850,000. Neither To be second lieute·nant. of these buildings is authorized by law. It is fair for me to state, however, that the contention of the Senate conferees i~ that An­ Harry C~ DeLano, of New York. napolis is a State capital, and that nearly all of the State ca-pitals SECOND REGIMENT OF ENGINEERS, have public buildings. The policy, they claim, has been that To be second lieutenant. buildings at the State capitals should be authorized anyhow. Mr. MERCER. If that is so, then there are three other ::;tates Rodmond V. Beach, of Connecticut. which should be remembered. TO BE COmiiSSARY OF SUBSISTENCE WITH THE RANK OF CAPTAIN. Mr. CANNON. I understand that, but I want to state the con­ tention of the Senate. Edwin W. Hurlbut, of Colorado. Mr. KING. I hope the gentleman will speak in behalf of Uta.b. THIRD REGIMENT OF ENGINEERS, Mr. CANNON. Thentheysaythatinsome instancestheHouse has assented to the creation of public buildings upon appropriation To be assistant mrgeon with the 1·ank of first lieutenant. bills, and that is true in some instances. I want to state this ex­ Julius A. Schuelke, of Wyoming.. actly as it is, so that the House may act with full knowledge of REGISTER OF THE LAND OFFICE. the facts. Mr. LOUD. In other words, we have established precedent and Daniel B. McCann, of Great Falls, Mont., to be register of the we must continue, I suppose. land office at Circle, Alaska. Mr. CANNON. Well, that hardly follows, but they bring that POSTMASTERS. up as a matter of argument. Of course our argument on the other side has been that this is not a public-building session, so far as C. hl. Alger, to be postmaster at Hannibal, in the county of Mar the House is concerned, and that these two provisions make fish t·ion and State of Missouri. of one and fowl of the other. As to the Butte public building, George I. Allen, to be postmaster at Middletown, in the county Butte is not a State capital, but they say the building is very of Middlesex and State-of Connecticut. badl}" needed. Now, as to Yaquina Bay, that is authorized by law. The Sen­ ate still insists. The House has time and a~ain registered its opin­ HOUSE OF REPRESENTATIVES. ion about it. That is the only matter upon the bill in difference WEDNESDAY, June 29, 1898. between the House and Senate that is authorized by law. I will not speak further of it. The House met at 12 o'clock noon, and was called to order by the Mr. DOCKERY. Then I should prefer those items in contro­ Speaker. versy not authorized by law. · Prayer by the Chaplain, Rev. HENRY N. CouDEN. Mr. CANNON. The next is a Soldiers' Home sanitarium at The Journal of the proceedings of yesterday wa-s read and ap­ Hot Springs, S. Dak. The proposal is to appropriate 850,000 ·to proved. begin with, and to authorfze $100,000. INDIAN APPROPRIATION BILL. Mr. LIVINGSTON. Is it the purpose to begin a series of ap- 1\Ir. CURTIS of Kansas. I move, Mr. Speaker, that the House propriations for sanitariums at all the Soldiers' Homes? insist upon its disagreement to the Senate amendments to the In­ Mr. CANNON. No; there is no Soldiers' Home at this place. dian appropriation bill and agree to the further conference asked. Mr. LIVINGSTON. What is it? The SPEAKER. The gentleman from Kansas [Mr. CuRTIS] Mr. CANNON. This is a proposal to establish one, to establish asks unanimous consent to insist on its disagreement and agree to a sanitarium-that is, to begin the work, and then it is in order the conference asked by the Senate. If there be no objection, that to add anything that Congress sees proper afterwards. order will be made. Mr. LIVINGSTON. Do I understand you to ay that it is the There was no objection; and the Speaker appointed as conferees purpose to have the sanitarium there for soldiers? on the part of the House Mr. SHERMAN, Mr. CURTIS of Kansas, Mr. CANNON. It is the purpose that anybody may go that is and Mr. LITTLE. entitled to go. Now,. I want to finish my statement. SUNDRY CIVIL APPROPRIATION BILL. Mr. LIVINGSTON. I want to understand the-purpose of the Mr. CANNON. Mr. Speaker, I desire to submit a conferenc& appropriation. l'eport on the sundry civil appropriation bill. 1\fr. CANNON. The appropriation is to establish a sanitarilllU The Clerk read as follows: at this place. The committee of conference on the disagreeing votes of the two Houses, Mr. LIVINGSTON. A sanitarium in connection with a Home? on certain amendments of the Senate to the bill (H. R. 8428) making appro- Mr. PAYNE. This is a starter.