1892. CONGRESSIONAL RECORD-SENATE. 2943 a bill granting to her a pension-to the Committee on Invalid ing to the American standard of purity in art; which were re­ Pensions. ferred to the Committee on the Quadro-Centennial (Select). Mr. WARWICK: Petition of J. B. Baltzly, and many other He also presented resolutions .adopted by the Vessel Owners citizens of Wooster, Ohio, against opening the World's Fair on and Captains' Association, of Philadelphia, Pa., praying for the Sunday, and against the sale of liquor on the grounds-to the passage of the bill to transfer the revenue-cutter service from Select Committee on the Columbian Exposition. the Treasury to the Navy Dapartment; which were ordered to lie By Mr. WILLCOX: Paper in regard to self-registering instru­ on the table. ments for New Haven-to the Committee on Agriculture. He also presented the memorial of Harry Suplee and 40 other Also, petition of Mansfield Post, Connecticut, marking the citizens of Philadelphia, Pa., remonstrating against the passage battle lines at Gettysburg-to the Committee on Military Affairs. of the Faulkner, Caine, and Teller bills to provide home rule for Also, petition of citizens of Meriden, Conn., for closing the Utah Territory; which was referred to the Committee on Terri­ World's Fair on Sunday-to the Select Committee on the Co­ tories. lumbian Exposition. Mr. McMILLAN presented a petition of the city council of

By Mr. WILLIAMS of Illinois: Petition of Isaac Nelson-to Sault Ste. Marie, Mich.1 praying for the early completion of Fort the Committee on Military Affairs. Brady; which was referred to the Committee on Military Af­ Also, papers in claim of William F. Sotory, of Jefferson County, fairs. TIL-to the Committee on Invalid Pensions. He also presented a petition of the iron ship building compa­ Also, petition of Daniel Briant-to the Committee on Pensions. nies of the Great Lakes, praying for the early and complete abro­ Also, petition of JohnJ. Yahne, for relief-to the Committee gation of the traaty of 1811 with Great Britain; for legislation to on Invalid Pensions. construct a 20-foot channel from the Great Lakes to the Atlantic, Also, petition of Nancy Drigmore, widowof WilsonDrigmore, and for the repeal of section 4.136 of the Revised Statutes, gran,t­ of the Black Hawk war in 1832-to the Committee on Pensions. ing a registry to forejgn-built vessels under certain conditions; By Mr. WILLIAMS of North Carolina: Petition of J. Van which was referred to the Committee on Foreign Relations. Lindley and others, of Guilford County, N.C.., to prohibit the He also presented the petition of Joseph L. Hudson and 77 opening on Sunday of any exposition where United States funds other citizens of Detroit, Mich., praying for the passage of legis­ are expended-to the Select Committee on th-e Columbian Expo­ lation for the relief of Theodore Memger, of Detroit, 1\:lich.; sition. which was referred to the Committee on Patents. By Mr. WILSON of Washington: Resolution of Chamber of He also presented the petition of Alanson Niles and 42 other Commerce of Ta~oma, Wash., asking Congress to give the States citizens of Flushing, Mich.; a petition of the Methodist Episco­ certain unsold public lands for public parks-to the Committee on cal Church of Flushing, Mich.; a petition of t4e Woman's Chris­ the Public Lands. tian Temperance Union of Bear Lake, Mich., .containing 313 in­ Also, petition of the Chelan Board of Trade and citizens of dividual signatures; and petitions of the Woman's Christian Chelan, and also citizens of Chelan Fall~, Wash., for the early Temperance Union of Lapeer and Belding, Mich., p1·aying that completion of the Nicaragua Canal-to the Committee on Rail­ the World's Columbian Exposition be closed on Sunday and that roads and Canals. ·the sale of intoxicating liquors be prohibited thereat; which were Also, petition of Maple Grove Grange, No. 45, of the State of referred to the Committee on the Quadro-Cent.ennial (Select). Washington, for pure food-to the Committee on Agriculture. He also presented the following petitions of Sherwood Grange, Also, two petitions of citizens of Whatcom County, Wash., Patrons of Husbandry, of Michigan: praying the passage of House bill401, relatingtoimmigration­ Petition praying for the enactment of legislation for the en­ to the Select Committee on Immigration .and Naturalization. cour!Jkement ol silk culture-referred to the Committee on Ag­ Also, petition of 21 citizens of Skagit, Wash., for the enactm-ent riculture and Forestry. of the antioption bill-to the Committee on Agriculture. Petition praying for the enactment of legislation to prevent gambling in farm products-to the Committee on the Judiciary. Petition praying for the passage of House bill 395, defining lard and imposing a tax thereon-order-ed to lie on the table. SENATE. Petition praying for the passage of a bill to prevent the adul- ' A ·zs 1892 teration of food and drugs-ordered to lie on the table. T UESDaY, P't't ' • Petition praying for the free delivery of mails in rural dis- Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. tricts-referred totheCommitteeonPost-OfficesandPost-Roads. The Journal of yesterday's proceedings was read and approved. Petition praying for the passage of a bill making certain is- EMPLOYES OF SMITHSONIAN INSTITUTION. sues of money full legal tender in payment of all debts-to the The VICE-PRESIDENT laid before the Senate a communica- Committee on Finance. tionfrom the Secretary of the Smithsonian Institution, inclosing, Mr. DAVIS presented resolutions of the 1\linneapolis (Minn.) in response to a resolution of the 24th ultimo, a list of subordinates Board of Trade, favoring an .appropriation for a survey and esti­ emploved in that institution on March 1, 1892; which, with the mate of the cost of opening up communication from the Great o1 C . . Lakes to the sea for vessels drawing 20 feet of water, and also accompanying papers, was referred to the ommlttee on Civil indorsing theeffortsof Senator DAVIS to secure the construction Service and Retrenchment, and' ordered to be printed. of aship canal from the Great Lakes to the seacoast; which were PETITIONS AND MEMORIALS. . referred to the Committee on Commerce. The VICE-PRESIDENT presented the petition of J. H. Gar- He also presented a petition of citizens of Coldwater, Ohio,- man and sundry other citizens of the United States, relative to praying for the passage of Senate bill 641, to adjust the pensions the proposed loan to the World's Colunbian Exposition on con- of those who have lost limbs or the use of them or have addi­ dition that the same be closed on Sunday; which was referred to tional disabilities; which was referred to the Committee on Pen- the Committee on the Quadro-

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2944 CQNGRESSION .AL RECORD-SEN.ATE. APRIL 5,

of Canton, Ohio, praying that he be allowed compensation for Mr. CAMERON presented a petition of the Woman's Chris­ • certain property taken for the use of the Union Army at ·Knox­ tian Temperance Union of Dempseytown, Pa., containing 230 ville, Tenn., during the war; which was referred to the Com- signatures; a petition of the Woman's Christian .Temperance mittee on Claims. . Union of Westmoreland County, Pa.; and a petition of the Wo­ He also presented a petition of the First Baptist Church of man's Christian Temperance Union of Montrose, Pa., contain­ Zanesville, Ohio, praying for the closing of the World's Colum­ ing 131 signatures, praying that the World's Columbian Exposi­ bian Exposition on Sunday and that the sale of intoxicating liq­ tion be closed on Sunday· which were referred to the Committee uors be prohibited thereat; which was referred to the Commit­ on the Quadro-Centennial (Select). tee on the Quadro-Centennial (Select). He also presented a petition of the Columbia National Bank He also presented a petition of the Junior Order of United of Columbia, Pa., praying for the relief of the legal owners of American Mechanics of Toronto, Ohio, signed by William Mc­ the Columbia bridge, at Columbia, Pa.; which was referred to Kee, secretary, praying for the passage of the bill to amend the the Committee on Claims. naturalization laws as agreed upon and reported by the Judiciary He also presented a petition of 81 members of the Presbyte­ Committee of the House of Representatives; which was referred rian Church of Mechanicsburg, Pa., praying that no exposition to the Committee on Immigration. or exhibition for which appropriations are made by Congress Mr. MANDERSON presented a petition of citizens of Dodge shall be opened on Sunday; which was referred to the Commit~ County, Nebr., and a petition of citizens of Nemaha County, tee on the Quadro-Centennial (Select). Nebr., praying for the passage of theWash burn- Hatch antioption Mr. PASCO presented a memorial adopted at a meeting of the bills; which were referred to the Committee on the Judiciary. pilots of Fernandina, Fla., remonstrating against the passage of He also presented a petition of citizens of Schuyler, Nebr., Senate bill1282 abolishing compulsory pilotage; which was or· praying for the closing of the World's Columbian Exposition on dered to lie on the table. Sunday; which was referred to the Committee on the Quadro­ Mr. BATE. I present, by request, a petition of citizens of Centennial (Select). Nashville, Tenn., praying for the adoption of asixteenthamend· Mr. DUBOIS presented the petition ofT. B. Long, George E. ment to the Constitution, as follows: Ferris, and other citizens of Alturas County, Idaho, praying for No State shall pass any law respecting an establishment of religion, or prohibiting the free exercise thereof, or use its property or credit, or any the passage of legislation regulating speculation in fictitious farm money raised by taxation, or authorize either to be used, for the purpose of products; which was referred to the Committee on the Judiciary. founding, maintaining, or aiding, by appropriation, payment for services, Mr. CULLOM presented a petition of citizens of Will County, expenses, or otherwise, any church, religious denomination, or religious so. ill., praying for the passage of the Washburn-Hatch antioption ciety, or any institution, society, or undertaking which is wholly or in part under sectarian or eccH~sia.stical control. bills; which wa-s referred to the Committee on the Judiciary. He also presented the following petitions of Auburn Grange, I move that the petition be referred to the Committee on the Patrons of Husbandry, of Illinois: Judiciary. Petition praying for the enactment of legislation for the en­ The motion was agreed to. couragement of silk culture-referred to the Committee on Ag­ Mr. ALLISON presented a memorial of citizens of Hancock riculture and Forestry. County, Iowa, remonstrating against the passage of any legisla­ Petition praying for the enactment of legislation to prevent tion restricting the buying and selling of grain and other farm gambling in farm products-to the Committee on the Judiciary. products for future delivery; which was referred to the Commit­ Petition praying for the passage of House bill 395, defining tee on the Judiciary. lard and imposing a tax thereon-ordered to lie on the table. He also presented a petition of the Young People's Society of Petition praying for the passage of a bill to prevent th adul­ Christian Endeavor of Anita, Iowa, praying for the closing of teration of food and drugs-ordered to lie on the table. the World's Columbian Exposition on Sunday; which was re­ Petition praying for the free delivery of mails in rural dis­ ferred to the Committee on the Quadro-Centennial (Select). tricts-referred to the "Committee on Post-Offices and Post­ Mr. COCKRELL. I present sundry petitions collected by the Roads. National Woman'.s Christian Temperance Union, Department of Petition praying for the pa-ssage of a bill making certain issues Sabbath Observance, praying that no exposition or exhibition of money full legal tender m payment of all debts-to the Com­ for which appropriations are made by Congress shall ba opened mittee on Finance. on Sunday. The petitions contain 167 individual signatures and Mr. BARBOUR presentedamemorialof the Chamber of Com­ 241 representative indorsements, signed respectively by Mrs. J. merce of Norfolk, Va.hremonstratingagainst thepassage of any C. Bateham, National Superintendent, and Mrs. M. E. Catlin, legislation changing t e existing pilot laws; which wa-s referred District Superintendent. I move that the petitions ba referred to the Committee on Commerce. to the Select Committee on the Quadro-Centennial. Mr. WALTHALL presented a petition of the Wom-an's Chris­ The motion was agreed to. tian Temperance Union, of Sandis, Miss., containing sixteen sig­ Mr. FAULKNER presented a petition of the Bridgeport Coun­ natures, praying that the World's Columbian Exposition be cil, American Defense Association of Bridgeport, W.Va., pray· closed on Sunday; which wa-s referred to the Committee on the ing for the passage of legislation to amend the naturalization Quadro-Centennial (Select). laws; which was referred to the Committee on Immigration. · Mr. GIBSON of Maryland presented a petition of the Board­ Mr. HAWLEY presented a petition of the Woman's Christian of Trade of Baltimore, Md., praying that an appropriation be Temperance Union of East Haddam, Conn., praying for the clos­ made by Congress of $3,500 fortheestablishmentof alight-house ing of the World's Columbian Exposition on Sunday, the pro­ at Point No Point, in Chesapeake Bay; which was referred to the hibiting of the sale of intoxicating liquors thereat, and the man­ Committee on Commerce. agement of the art department according to the American He also presented a petition of the Merchants and Manufac­ standard of purity in art; which was referred to the Committee turers' Association of Baltimore, Md., praying for the continu­ on the Quadro-Centennial (Select). ance by the Government of the Bureau of American Republics; REPORTS OF COMMITTEES. which was referred to the Committee on Finance. Mr. VEST, from the Committee on Commerce, to whom wae He also presented a petition of the General Assembly of Mary­ referred the bill (S. 2556) authorizing the construction of a bridge land, praying for the passage of Senate bill 67, to transfer the acroSi the Red River of the North, reported it with ·amend­ Revenue Marine Service from the Treasury Department to the ments. Navy Department; which was referred to the Committee on He also, from the same committee, to whom was referred the Naval Affairs. bill (S. 2677) to authorize the Illinois and Iowa Railway and Ter­ Mr. VILAS presented a petition of citizens of Merrill, Wis., minal Company to build a bridge across the Mississippi River· praying for the adoption of an amendment to the Constitution of at Moline, ill., reported it with amendments. the United States prohibiting any legislation by the States re­ Mr. TURPIE, from the Committee on Pensions, to whom was spectjng an establishment of religion or making an appropriation referred the bill (S. 2351) granting a pension to John B. Mefgs, of money for any sectarian purpose; which was referred to the reported it without amendment, and submitted a report thereon. Committee on the Judiciary. Mr. SHERMAN. I am directed by the Committee on Finance, Mr. PADDOCK presented sundry petitions, collected by the to whom was referred the bill (S. 2615) for creating a fund for National Woman's Christian Temperance Union, signed by 335 the payment of pensions and for setting our army of idle laborers members in Nebraska, praying that no exposition or exhibition at work on extensive public improvements; for removing the for which appropriations are made by Congress shall be opened strongest incentive to crime among the poor and to vice among on Sunday; which were referred to the Committee on the Quadro­ the rich; for protecting the American from the influx of undue Centennial (Select). alien competition, and for other purposes, to report it back and He also presented a petition of Woodstown Grange, No.9, Par to move that it lie on the table. The bill provides for a system trons of Husbandry, of New Jersey, and a petition of Courses of taxation which in the opinion of the committee it is not Landing Grange, No. 60, Patrons of Husbandry, of New Jersey, within the constitutional power of the Senate to originate, and I praying for the passage of the Washburn-Hatch antioption bills; am inskucted to move that it lie on the table. which were referred to the Committee on the Judiciary. The motion was agreed to. 1892. CONGRESSIONAL RECORD-SENATE. 2945

Mr. SHERMAN, from the Committee on Finance, to whom Capt. Ledwith's company, Florida Mounted Militia, of the Seminole Indian wars of Florida, during the years A. D. 1839 and 1840, and in the later Indian were referred the following bills, reported adversely thereon, wars in that State. and the bills were postponed indefinitely: A bill (S. 2226) to prohibit national banks from receiving or The VICE-PRESIDENT. Is there objection to the present paying interest o:ri. deposits made by national banks; and consideration of the bill? A bill (S. 1589) to repeal section 3699 of the Revised Statutes There being no objection, the Senate, as in Committee of the which empowers the Secretary of the Treasury to anticipate in­ Whole, proceeded to consider the bill. terest upon the public debt. The bill was reported to the Senate without amendment, or­ Mr. SHERMAN, from the Committee on Finance, to whom dered to be engrossed for a third reading, read the third time, was ·referred the resolution submitted by Mr. GEORGE on the and passed. 11th of February, 1892, instructing the Committee on Finance REPORTS OF BUREAU OF ANIMAL INDUSTRY. to report a bill requiring the issuing and keeping _in circulation Mr. MANDERSON. I am instructed by the Committee on of legal-tender Treasury notes, reported adversely thereon, and Printing, to whom was referred the joint resolution (S. R. 56) the resolution was postponed indefinitely. providing for the printing of the eighth and ninth annual reports .- Mr. DAVIS, from the Committee on Pensions, to whom . were of the Bureau of Animal Industry, for the years 1891 and 1892, referred the following bills, reported them severally without to report it with cert:.ain amendments, that I will state· to the amendGWnt, and submitted r~ports thereon: Secretary. I ask for the present consideration of the joint res­ A bill (H. R. 1078) to pension Jane Allen; and olution. A bill (S. 1254) granting~ pension to Anson Northrup. Mr. COCKRELL. Let it be read for information. Mr. DAVIS, !rom the Committee on Pensions, to whom were The Chief Clerk read the joint resolution, and, there being no referred the following bills, submitted adverse reports thereon, objection, the Senate, as in Committee of the Whole, proceeded which were..agreed to, and the bills were po3tponed indefinitely: to its consideration. A bill (S. 1255) granting a pension to Catherine Creed; and Mr. MANDERSON. I move to fill the blanks in the firatsec­ A bill (S. 1258) granting a pension to George W. Brant. tion by inserting in line 6, "thirteen" before "thousand," and Mr. McMIL4AN, from the Committee on Post-Offices and inline7 '' twenty-se_ven" before'' thousand;" so as to make the sec­ Post-Roads, to wbom was referred the bill (S. 2604) to reclassify tion read: and prescribe the salaries of railway postal clerks, reported it That there be printed 50,000 copies of the eighth and ninth annual reports without amendment, and submitted a. report thereon. of the Bureau of Animal Industry for the years 1891 and 1892, of which 13,000 copies shall be for the use of members of the Senate, 21,000 copies for the use Mr. PADDOCK, from the Committee on Pensions, to whom of members of the House, and 10,000 copies for the use of the Secretary of were referred the following bills, submitted adverse reports Agriculture; the illustrations to be executed under the supervision of the thereon; which were agreed to, and the bills were postponed in­ Public Printer, in accordance with the directions of the Joint Committee on Printing, the same to be subject to the approval of the Secretary of Agricul· definitely: ture. A bill (S. 1671) granting an increase of pension to Everard Mr. COCKRELL. Why make a variance of only a thousand? Bierer; and - . Why not put it at 26,000 for the House of Representatives and A bill (S. 1472) granting a pension to Mrs. Sarah Schafer. preserve the usual proportion ? He also, from the same committee, to whom was referred the Mr. MANDERSON. This was fixed for the reason that it bill (S. 1186) granting a pension to Joseph H. Welty, r~ported it leaves 10,000 .for the use of the Secretary of Agricult~e. The without amendment, and submitted a report thereon. Senator from Missouri will remember that when the generai He also, from the same committee, to whom was referred the printing bill was under consideration the S3nate changed the bill (S. 1008) granting a pension to Abasha Risk, reported it number of this report to be printed to this exact number. with an amendment, and submitted a report thereon. Mr. COCKRELL. This, then, corresponds with that bill? He also, from the same committee, to whom was referred the Mr. MANDERSON. It simply conforms to that bill? bill (S. 1536) to increase the pension of Leroy Root, reported it Mr. COCKRELL. Very well. without amendment, and submitted a report thereon. The amendment was agreed to. Mr. GALLINGER, from the Committee on Pensions, to whom Mr. MANDERSON. I move to strike out the second section was referred the bill (H. R. 1528) to pension Samuel 0. Fisher, of the joint resolution. of Lynn, Mass., reported it without amendment, and submitted The CHIEF CLERK. It is proposed to strike out the second a report thereon. section; in the following words: Mr. CAREY, from the Committee on Public Lands, to whom SEC. 2. That the sum of $-, or so much thereof as may be necessary, is the subject was referred, submitted a repor·t accompanied by a hereby appropriated, out of any money in the Treasury not otherwise ap­ bill (S. 2839) for the relief of the inhabitants of the town of El propnated, to defray the cost of printing and binding said reports, the two Reno, Okla.; which was read twice by its title. r eports to be bound in one volume. · He also, from the S3.me committee, to whom was referred the Mr. MANDERSON. I do this so that the form may be changed bill {S.1452) for the relief of the occupants of the town site of El from a joint to a concurrent resolution. The provision of the Reno and to confirm the entry made by J. A. Foreman for the general statutes requires that printing for Congress shall ba, lands covered thereby, and for other purposes, reported adversely done by concurrent resolution. Congress has frequently departed thereon, and the bill was postponed indefinitely. from this rule where the measure was self-appr:opriating. Then Mr. SAWYER, from the Committee on Pensions, to whom was of course it must assume the form of a joint resolution; but the referred the bill (S. 1573) granting a pension to Kate A. S. Con­ committee have thought it bast (and after consultation with the nor, submitted an adverse report thereon, which was agreed to, chairman of the Committee on Appropriations I find that he "' and the bill was postponed indefinitely. agrees with the committee in that view) that the printing of Mr. SHOUP, from the Committee on Pensions, to whom was · Congress had better be done by concurrent resolution, perhaps referred the bill (S. 1691) granting a pension to Josephine Q. with tl;l.e exception of the printing of the report of the Commis­ Offley, reported it with an amendment, and submitted a report sioner of Agriculture, which always involves a large amount of thereon. money, because we print more than half a million copies of that He also, from the same committee, to whom was referred the -report, and that the appropriation had better be made for all bill (S. 231) granting arrears of pensions toP. Q. Healy, submit­ the printing in the general appropriation bill. For that reason ted an adverse report thereon; which was agreed to, and the bill I propose to change the form of this resolution. was postponed indefinitely. The VICE-PRESIDENT. The question is on agreeing to the JOHN A. DEAN. amendment striking out the second section. Mr. TURPIE. I am directed by the Committee on Pensions, The amendment was agreed to. to whom was referred the bill (S. 2606) granting a pension to John Mr. PADDOCK. I simply desire to ask my colleague if any A. Dean, to report it favorably, without amendment. reduction in the report as to the number was made by the com­ Mr. PASCO. I ask that that bill be taken up for immediate mittee. ·consideration. It is a very meritorious bill. The party in whose Mr. MANDERSON. None whatever. We propose the print­ behalf the pension is proposed to be granted is a very old man. ing of 50,000 copies by the distribution that is made. The VICE-PRESIDENT. The bill will be read for informa­ I move that the form of the resolution be changed from a. joint tion. to a concurrent resolution by striking out the resolving clause Mr. DAWES. I hope the Senator from Florida wilL not insist and putting in the proper words at the beginning of the resolu­ upon the consideration of the bill at this time. tion. Mr. PASCO. It will not take a moment. If it takes any time The VICE-PRESIDENT. The question is on the amendment I shall not insist upon it. of the Senator from Nebraska, to strike out the words "Resolved The Chief Clerk read the bill as follows: by the Senate and House of Rep·resentatives of the United States Be it enacted, etc., That the Secretary of the Interior be, and he is hereby of America in Congress assembled" and inserting ''Resolved by authorized and directed to place on the pension roll, subject to the provisions the Senate (the House of Rep'resentativesconcu1·ring).i' and Umitations of the pension laws, the name of John A. Dean, a private in The amendment was agreed to. XXlll-185 \ 2946 CONGRESSIONAL RECORD-SENATE. APRIL 5,

The VICE-PRESIDENT. The question is on agreeing to the BILLS INTRODUCED. concurrent resolution. Mr. McPHERSO~ introduced a bill (S. 284:0). to confer appoint­ The concurrent resolution was agreed to. mm;ts ~pon the enllsted men of the Navy; whwh was read twice ETHNOLOGICAL REPORTS. by Its title, and referred to the Committee on Naval Affairs. ·Mr. MANDERSON. I am directed by the Committee on Print­ 1\~r. COCKRELL (by request) introduced a bill (S. 2841) for the ing to report back favorably with amendments the concurrent relief of Hem·y C. Rose; which was read twice by its title and resolution for printing the eleventh and twelfth annual report3 referred to the Committee on Pensions. ' of the Director of the Bureau of Ethnology, and I ask for the Mr. BUTLER introduced a bill (S. 2842) to reapJ?oint Warren present consideration of the resolution. . q. Bea~h ~s a ca;p~in in the Army and to place him on the re­ The Senate, byunanimous consent, proceeded to consider the tired hst m addition to the number now authorized; which was read twice by its title, and referred to the- Committee on Mili­ concurrent resolution, which was read, as follows: tary Affairs. Resolved. by the Senate (the House of Representatives concurring), That there be printed at the Government Printing Office 15,500 copies each of the elev­ Mr. c.~EY C?Y re.qu~st) introduced a bill (S. 2843) creating enth and twelfth annual reports o:r the Director of the Bureauo:r Ethnology, a coiD:misswn to mqmre mto and report upon the material, in­ with accompanying papers and illustrations, and unitorm with the preced­ dustrial, and men tal progress of the colored race in the United ing volumes of the series, of which 3,500 shall be for the use of the Senate, 7,000 for the use ot the House of Representatives, and 5,000 for distribution ~tates of America sine~ the year 1865: and making appropria­ by the Bureau of Ethnology. tiOn for the same; which was read twice by its title and re- Mr. MANDERSON. I move to amend the resolution first by ferred to the Committee on Education and Labor. ' striking out, in line 3, after the word" Office,"" 15,500" and in­ Mr. SHERMAN introduced a bill (S. 2844) for the relief of serting" 8,000." The question on all the amendments might as John Ec~ert; which was read twice by its title, and, with the ac­ companymg papers, referred to the Committee on Military A1- well be taken in gross. I send the amendments that I propose fairs. to the desk. M:"· ~cl\HLLAN introduced a bill (S. 2845) regulating the sale The VICE-PRESIDENT. The amendments will be stated. of distilled an_d fermented liquors in the District of Columbia· The CHIEF CLERK. In line 3, strike out the words "fifteen which was read tWice by its title, and referred to the Committe~ thousand five hundred" and insert" 8,000;" in line 6, strike out on the District of Columbia. · "3,500" and insert "1,000;" in line 7, after the word "Senate," Mr. P ~DDOCK introduced a bill (S. 2846) granting a pension strike out "7 ,000" and insert "2,000;" so as to make the concur­ to Granville R. Turner; which was read twice by its title and rent resolution read: referred to the Committee on Pensions. ' Resolved. by the Senate (the Home of Representatives concurring), That there be printed at the Government Printing Offlce 8,000 copies each of the elev­ Mr. ~ERKINS introduced a bill (S. 2847) granting an increase enth and twelfth annual reports of the -nirect-or of the Bureau o:r Ethnology, of pen~10n to Sarah Clo:r;;on; which was read twice by its title, with accompa.nying"ilapers and illustrations, and uniform with the preced­ and, with the accompanyrng papers, referred to the Committee ing volumes of the series, of which 1,000 shall be tor the use oi the Senate, 2,000 for the use o:r the House of Representatives, and 5,000 for distribution on PensionS. by the Bureau of Ethnology. He also introduced a bill (S. 2848) grantino- an increase of pen­ sion to William A. Hoeg; which was read ~ice by its title, and Mr. MANDERSON. Theseamendmentsmakethe concurrent referred to the Committee on Pensions. resolution conform to the public-printing bill that has passed He also introduced a bill (S. 2849) granting an increase of pen­ the Senate. sion to John A. Millet'; which was read twice by its title, and The amendments were agreed to. referred to the Committee on Pensions. Mr. COCKRELL. Was the number of those ethnological re­ ~r. ALLISON introduced a bill (S. 2850) exempting from tax­ ports cut down tol,OOO for the Senate in the public-printing bill? atiOn the House of the Good Shepherd of the city of Washing­ Mr. MANDERSON. Yes; that was the provision of the gen­ ton, and providing for the cancellation of assessments or taxes eral bill, 1,000 for the Senate, 2,000 for the House, and 5,000 for heretofore levied against the said corporation; which was read the Bureau of Ethnology. twice by its title, and referred to the Committee on the District The concurrent resolution as ~ended was agreed to. of Columbia . TARIFF COMPILATION. . Mr. COKE (bJ: request} introduced a bill(~. 2851) granting an Mr. COCKRELL. Before we leave the question of printing I mcrease of pensiOn to Ell Moore Boggs; whiCh was read twice should like to inquire of the Senator from Nebraska whether any by its title, and, with the accompanying papers, referred to the order has been made for printing the tariff compilation of 1891. Committee on Pensions. That was the report of the Senate Committee on Finance. It is Mr. MANDERSON (by request) introduced a bill (S. 2852) to '·· a very valuable document, and it ought to be printed. I sup­ change the name of the Capitol, North 0 Street, and South posed it had been ordered printed until I inquired this morning Washington Railway Company, and for other purposes; which and found it had not been printed. was read twice by its title, and referred to the Committee on the Mr. MANDERSON. My recollection is that such a concurrent District of Columbia. resolution has passed the Senate. I am not positive that it has AMENDMENT TO A BILL. passed the House of Representatives. I will look the matter up, Mr. WARREN submitted an amendment intended to be pro­ however. posed by him to the agricultural appropriation bill; which was Mr. COCKRELL. It ought to have been printed long ago. referred to the Committee on Agriculture and Forestry, and or­ MESSAGE FROM THE HOUSE. dered to be printed. COMMITTEE SERVICE. A message from the House of Representatives, by Mr. T. 0. TOWLES, its Chief Clerk, announced that the House had agreed Mr. COCKRELL. I ask unanimous consent that the Chair to the concurrent resolution of the Senate to print the eulogies may fill the vacancies upon the Committees on Coast Defenses, delivered in Congress on the late Hon. Preston B. Plumb. Mines and Mining, Patents, and Post-Offices and PostrRoads, The message also .announced that the House had passed the made vacant by the retirement of Senator Chilton, of Texas. bill (S. 2056) to repeal the provisions of an act entitled "An act The VICE-PRESIDENT. Is there objection? The Chair to amend sections 4488 and 4489 of the Revised Statutes, requir­ hears none; .and the Chair appoints the Senator from Texas [Mr. ing life-saving appliances on steamers," approved March2,1889, MILLS] upon the Committees on Coast Defenses, Mines and Min­ so far as they relate to steamers plying exclusively upon any of ing, Patents, and Post-Offices and Post-Roads. the lakes, bays, or sounds of the United States. MISSISSIPPI RIVER BRIDGE AT MEMPHIS. The message further announced that the House had passed a The VICE-PRESIDENT. The Chair lays before the Senate a bill (H. R. 6185) to absolutely prohibit the coming of Chinese. resolution coming over from a previous day; which will be read. persons into the United States, in which it requested the con­ The Chief Clerk read the resolution submitted yesterday by currence of the Senate. Mr. BERRY, as follows: Resolved., That the Secretary of War be directed to intorm the Senate ENROLLED BILLS SIGNED. wheth~ or nottheKansasCityand Memphis Railway ::md Bridge Company, authonzed by act of Congress approved April 24, 1888, to construct a bridge The message also announced that the Speaker of the House across the Mississippi River at Memphis, Tenn., have complied with that por- bad signed the following enrolled bill and joint resolution, and . tion of said act whi~h required such company to provide for a passageway they were thereupon signed by the Vice-President: for wagons and vehicles of all kinds and for the transit of animals. A bill (H. R. 610) extending the privileges of the first and sev­ The VICE-PRESIDENT. The question is on agreeing to the enth sections of the act approved June 10, 1880, governing the resolution. transportation of merchandise without appraisement to the port Mr. BERRY. Mr. President, when the bill was before the of Ogdensburg, in the State of New York; and Senate fom·years ago to authorize the Kansas City and Memphis A joint resolution (H. Res. 92) to encourage the establishment Railway Company to build a bridge across the Mississippi River and endowment of institutions of learning at the national {}a pital, at M.emphis, the bill as it came from the committee left it. at the by defining the policy of the Government with reference to the option of the company to provide a wagon-way for vehicles o.r use of. its library and scientific collections by students. not, as they saw proper. I offered an amendment at the time

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1892. 'coNGRESSIONAL RECORD-SENATE. 2947

tnaking it obligatory upon the company to provide a passageway Mr. HARRIS. Mr. President, some time after the passa.geof for wagons and vehicles and for the transit of animals. The the a-ct of 1888 authorizing the construction of this bridge, I company objected to the passage of that provision, asserting that heard-! do not remembernow how, the Senator from Arkansas it would add largely to the cost of the bridge, probably $200,000, is not literally accurate when he says I was sent for by the Sec­ \ -. and the late Senator from Kansas, Mr. Plumb, in a public speech retary of War-but I heard_ that the plans and specifications for gave expression to the fear that if that were inserted in the bill the constructi.on of the bridge did not provide for the wagon way the bridge would not be built. Nevertheless a majority of the that the first section of the act required. I wa.sin sympathy with Senate took a different view of the matter and did insert a pro­ the Senators from Arkansas in desiring the wagon way, and im­ vision in the bill requiring the company to provide a way for mediately upon hearing that the plans submitted to the Secre­ 'wagons and vehicles of all kinds, and so the bill passed both tary of War did not require it I went to the War Department Houses and was approved by the President. and had an interview with the then Secretary of War, Mr. En­ I have never heard an intimation of any kind or from any­ dicott( upon the subject. Mr. Endicott's statement to me was where that the company were not complying with that part of that' the plans submitted for my approval provide a wagon the law until aboutoneweek ago I receivedanewspaper printed highway upon the floor of the railroad bridge, not to be used at at Marion,·in Crittenden County, Ark., in which it was stated the same time that the railroad trains are upon the bridge, but that they were not complying with that part of tl;l.e law, and call­ certain hours of each day are to be set apart for wagon and car­ ing upon the Representatives in Congress to see that it was done. riage traffic, the balance of the day to be devoted to the railroad I thereupon wrote a letter to the Secretary of War asking him purposes of .the bridge." what the facts are in regard to the matter, and to that letter, In the course of the discussion, while my own opinion had been sent I think last Wednesday or Thursday, I have received no re­ up to that moment that a separate wagon way on each side of the ply of any kind whatever. track, wa.lled in to itself or a story above or below, should be I then spoke to the Senator from Tennessee who sits nearest devoted to wagon traffic, in the course of that conference with Sec­ me [Mr. HARRIS] in regard to it. He stated to me that some retary Endicott, I became satisfied that it would be exceedingly time after the passage of the bill he was sent for by the Secre­ unsafe to adopt either of the plans that I had previously fa­ tary of War, who informed him that upon a consideration ot the vored, and I became satisfied then, as I am now, that the policy matter it was feared that if they attempted to provide a passage­ .which he proposed to adopt was the safest and, all things consid­ way for wagons above the railroad track, or even by the side of ered, the best policy that could be adopted to accommodate the the railroad track, animals would be frig-htened by the trains, wagon and carriage traffic over that bridge. I so told him, and and it would not be safe; that he therefore proposed to authorize having cooperated with the Senators from Arkansas in respect the company to provide a wagon way along the regular track, not only to that, but in respect to all matters so far as I remem­ to be opened for certain hours during the day when the railroad ber that aff-ected the interests of our respective States, my dis-_ trainS'were not running, and that after.consultation with the tinct impression was-and were it not for the declaration of the Secretary of War he, the Senator from Tennessee, had come to two Senators from Arkansas I should say my distinct impression the conclusion that probably that was the best to be done; that still is-that when I returned from the War "Department I llOti­ he afterwards mentioned the matter to my colleague and myself, fied them as to the character of the interview I had with the and that we acquiesced in it. I afterwards saw a letter in a pa­ Secretary of War. per at Memphis, Tenn., written to a man by the Senator from But whether I did or not, when both of those Senators assure me Tennessee, in which he practically made the same statement. that they have no earthly recollection of any such fact, that they Mr. President, while I am satisfied that the Senator from Ten-· are sure they would have remembered if I had notified them nessee fully intended to speak to my colleague and myself about and would have given attention to it, I am bound to conclude the matter, while I am confident that he thought when he wrote that I am myself mistaken in supposing that I had spoken to the letter and perhaps thinks yet that he did speak to us, I wish those gentlemen about it. Certainly I was under no sort of o bliga­ to say that I am confiaent, absolutely confident, that he is mis­ tion or duty to inform them, but my personal relations with taken in that, and that I never heard of any proposition of the them would have prompted me to do so, and I am sure I intended kind whatever until I got it from the paper sent to me from Crit­ to do so whether I did or not, so as to put them on notice in tenden County, Ark. I am requested by my colleague [Mr. order that they might protest or take any action they choSe to JONES] to say also that he is satisfied that the Senator from take at that stage of the procee"dings. Tennessee is mistaken, and while he intended to speak to us that These are the facts in respect to the matter up to the point of he did not do so. That is not a material matter to the Senate, approving the plan submitted by the builders of the bridge. however. The plans were approved, as the fifth section of that act required I want to say in regard to my information that I have in the the appr.:>val of the Secretary of War before even a shovelful of last two or three days seen parties from Memphis who told me earth could be moved or any step taken in the line of commenc­ that the company have wholly disregarded the law; that in the ing the construction of the bridge. He had to approve the construction of the bridge and in the very nature of it as con­ plans and specifications. He did approve the plans providing a structed it is impossible that wagons or vehicles of any kind can wagon way on the same floor of a 19-foot wide bridge for wagons be transported across that bridge. The bridge at the lowest and for railroads, all on the same 19 feet of space. point is 75 feet above high-water mark. It has simply provided I am surprised to hear the Senator say that he·has not received now for passage along the narrow track where the railroad runs, an answer from the War Department, and I suppose it is owing ~ .. for wagons. There is no inclosure whatever above to protect to the fact that the Secretary of War has been absent for a few teams from shying or passing off at the top of the bridge. In days. He was absent yesterday, for I happen to have been at the addition to that, there is a trestle running out for half a mile on War Department yesterday morning,and learned he was absent, the Arkansas or western side of the river connecting with the and also learned from the Chief of Engineers that a letter had bridge, so that it would be utterly impossible in the present con­ been received from the Senator from Arkansas, and that the En­ struction and the manner in which they propose to put it in gineer Department had prepared an answer that I supposed had operyation to get a wagon or vehicle of any character or descrip­ been forwarded to the Senator, and I doubt not it would have tion on the bridge, and if it were possible as at present con­ been forwarded but for the fact of the absence of the Secretary structed no man who did not want to commit suicide would ever of War. think of driving a team on that bridge. · That is my information But I am quite satisfied, upon the assurance that the two Sena­ on the outside. tors give me, that I was mistaken in stating that I notified them This resolution is to call upon the Seoretaryof War to furnish of the results of my interview. the facts. I think that the Senate is entitled tothefacts. While I am inclined to think, if a given number of suitable hours the bridge is important for railway purposes, it is more impor­ during the day is devoted to wagon and carriage traffic over that tant for us to know whether a railroad company that receives a bridge and all trains and locomotives kept off it for that time, franchise from this Government can openly and directly disre­ that it is the safest, the most convenient, and immeasurably the gard a plain provision put in the law by the Congress of the best method that could have been adopted for wagon traffic upon United States at the time the charter was granted. Just what a raili·oad bridge. the remedy will be, if these are the facts, I do not know; but there We have, Mr. President, the Long Bridge here, a railroad is a clause in the act which provides that Congress may at any bridge, and we have a wagon way on the same level on each side time alter, change, or repeal the act granting the franchise. I of it with a plank wall between. There is not a week perhaps, think the people who live in the State of Arkansas, who are and scarcely a day, that there are not accidents occurring there earnest in this matter (and I took a great interest in it, and that by reason of frightened teams meeting or being overtaken by ., - is one reason why if I had ever heard of any disposition to change trains upon the bridge. The same would be true if we had a the character of the bridge or to evade the law in any way I separate wagon way on either side of the railroad track on the ehould have protested at the time), have a right to know that Memphis bridge, or a story below or above devoted to wagon that company shall comply with the law if there is power in the traffic while the railroad trains were upon the bridge. Government to make them do it. Ithinktheplanadopted is very much the bestifitisingoodfaith

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: 2948 CONGRESSIONAL RECORD--SENATE. APRIL 5,

carried out and adhered to, and I can assure the Senators from Mr. President, this thing has slumbered for a long time. I Arkansas that if the owners and constructors of that bridge do was one of those who advocated and voted for the amendment not in good faith carry out the policy and plans specified by the which has been mentioned, and I supposed that the bridge had Secretary of War, and do not in good faith appropriate a fair gone on all right in the proper course of construction under the and reasonable time for the use of wagon traffic upon that bridge, supervision of the Secretarg of War. I have received in the Congress has abundant power to control it, and the Senators m3an time, however, no remonstrance or other communications shall have my fullest coqperation in controlling and compelling from citizens there, under whose observance the bridge has bean the bridge company to do what in good faith they are bound to built, and I only in the last two weeks have received the infor­ do under the plans approved by the Secretary of War. mation I now have from a very reliable sourca, Col. William H . That is all, Mr. President, that I desire to say at present upon Carroll, a citizen of Memphis, who wrote me a private letter, the subject. which I have shown to the War Department. Mr. BATE. Mr. President, I was not aware of this resolution The county judge there, Judge Galloway, has investigated the having been introduced by the Senator from Arkansas [Mr. matter and had an interview published in relation thereto; which BERRY], until he addressed the Senate a few moments since. was sent me in the Carroll letter, and according to that inter­ Upon examining, however, into the facts of the case as well as I view, which is the source of my information, the idea I have of have been able to do, with the knowledge I have, I am satisfied the bridge now is that it certainly will be impracticable and can that there certainly can be no objection to the passage of the n.ot be safely and conveniently used by citizens, which fact prac­ resolution. It.calls for information from the Secretary of War tiCallY, defeats the object of the al1lendment that was inserted in in regard to the question of the construction of the bridge at the bill granting the franchise before it became a law. That is Memphis. the situation as I understand it. I was one of those instrumental, in conjunction with the Senar I think this resolution certainly ought to pass that we may get tors from Arkansas and my colleague, although he was in favor the proper information before we take any final action in this of the bill as it came from the House, yet at the time he offered matter. no serious objection to the amendment-- . The VICE-PRESIDENT. The question is on agreeing to the Mr. HARRIS. I was in favor of the bill as it came from the resolution. committee. The resolution was agreed to. Mr. BATE. Asitcamefrom thecommitteethen. Anamend­ THE FINANCIAL SYSTEM. ment was offered here by the Senator from Arkansas [Mr. BERRY] Mr. DAWES. Mr. President, is the morning business com- in order to compel this company to make some concessions for pleted? · this franchise, a very valuable one, to construct a bridg-e, so as The VICE-PRESIDENT. Is there further morning business? tD give ~a wagon way and carriage way over it. That amendment passed the Senate and the bill in that form become a law. Now, Mr. MORGAN. Mr. President, I offer an amendment to the if they have so constructed that bridge as to defeat tho object of resolutions which were under discussion yesterday, which I ask this legislation, Congress certainly ought do something with may be printed and go on the Calendar with the resolutions. to The VICE-PRESIDENT. That order will b3 made in the ab- it. The people are entitled to the convenience required by that sence of objection. . amendment. The e"mbarrassment I have in the case is that I understand the PUBLICATIO~ OF AGRICULTURAL STATISTICS. bridge is about completed, and that it has been constructed under Mr. JONES of Arkansas. I present a reEolution, which I the plan submitted by the company to the Secretary of War and should like to have disposed of by the Senate at this time, but met with his approval. How to get at it I do not know. Hence, if it is preferred by the Senator from Massachusetts, it may lie I say the propriety of this resolution that the Secretary of War over and come up in the morning. may give us the information that is required for intelligent ac­ The VICE-PRESIDENT. The resolution will be read. tion. The Chief Clerk read as follows: Now, Mr. President, as to the conveniences or inconveniences Resolved, That the Committee on Agriculture and Forestry is hereby di­ of the bridge as constructed at present! cannot say, but it seems rected to examine and report to the Senate whether the reports of the De­ to me that it is not safe; that a bridge which pretends to ba a partment of Agriculture on the distribution and consumption of farm prod­ ucts, published from time to time by authority of the Secretary of Agriculture, passenger bridge for wagons and carriages can not be safe b a­ seriously atrect the market prices of such products, and whether any proper .. ' tween those two railroad tracks. The wagon and passenger way governmental purpose is subserved by such publications, and whether such ought to be above or below the tracks, it seems to me, as on tbe publications should be continued. 'rhat for the purpose of this investigation said committee shall have power St. Louis bridge. That is a safe bridge, one that was constructed to send for persons and papers and employ a stenographe:t:,. years ago. Now, we h.,ave many facilities- that we did not then have in the construction of bridges, and they should be utilized. The VICE-PRESIDENT. Does the Senator ask for the pres­ This bridge, however, has been nearly completed; hence the em­ ent consideration of the resolution? barrassment. Mr. JONES of Arkansas. I should like to have it considered I, too, called within the last few days, asmycolleague has done, at this time. and the Senator from Arkansas, to see the Secretary of War in The VICE-PRESIDENT. Is there objection to the present regard to this matter. I believed the construction of the bridge consideration of the resolution? The Chair hears none. had been in stdct conformity to the law, upon the general idea Mr. MANDERSON. The resolution makes a charge upon the ' " that I assumed the Secretary of War would do his duty. When contingent fund of the S::mate, and under the rules must go to I called to see him last Saturday a week ago he was not present, the Committee to Audit and Control the Contingent Expenses and not having an interview with him, I had an interview with of the Senate. the Chief of Engineers, who informed me that the Secretary of Mr. JONES of Arkansas; It authorizes the committee to send War had approved the plans under which the bridge had been for persons and papers and to employ a stenographer. constructed . . I called again at the War Department last Satur­ Mr. PADDOCK. That would send the resolution to the Com­ day and again failed to see the Secretary of War, he being ab­ mittee on Contingent Expenses under the rule. sent. I approve the step taken by the Senator from Arkansas Mr. JONES of Arkansas. Then, with the consent of the Sen­ that we may elicit through this resolution information from the ate, I will amend by striking out that feature of the resolution proper source that may give us light upon this subject. and ask for its adoption as it stands.without that feature. Mr. VEST. Can the Senator or the Senator's colleague [Mr. The VICE-PRESIDENT. The part of the resolution proposed HARRis], who I understand lives at Memphis, state how this to be stricken out will be read. · bridge is actually constructed? The CHIEF CLERK. It is proposed to strike out: Mr. BATE. Yes, sir; I believe I can, but I suppose my col­ That for the purpose of this investigation said committee shall hav-e power league can do it better. to send for persons and papars and employ a stenographer. Mr. HARRIS. Iwas informed by the Chief of Engineersyes­ The VICE-PRESIDENT. The Senator has the right to mod­ j;erday that the bridge was 19 feet wide, that there is a single ify the resolution, and it will be so modified. track in the center, and that the purpose is to give either agiven Mr. JONES of Arkansas. I should like to occupy the atten­ number of hours or to require what is called a ferr:y train of box tion of the Senate for one moment to give some of the reasons cars, which means driving over a long train and being trans­ why the resolution should be adopted. ' · ported by rail across the bridge. Facilities of that character, he Mr. DAWES. Would not the Senator just as lief do it be­ informed me, he understood, were approved by the Secretary of tween me and the chairman of the Committee on Appropriations, War, and were a~reed upon. But beyond that I have no infor­ who has the District ·appropriation bill behind the one I have in mation as to how the bridge has been constructed. charge, and I should like to have him enjoy some of these inter­ Mr. VEST. I did not hear the resolution. ruptions as well as myself? Mr. HARR!S. It is a simple resolution, calling for informa­ Mr. JONES of Arkansas. This is the mornin·g hour: Mr. Pres­ tion, that I do no ~ think anybody will oppose. ident, the only time in which resolutions of this kind can be pre­ Mr. BATE. The resolut10ncallsforinformationfrom the Sec­ sented, while I· believe appropriation bills have the right of way retary of War in regard to this matter. for the whole day. The Senator, however, can object to the res- 1892. CONGRESSIONAL RECORD-SENATE. 2949

olution if he chooses to do so, and it can go over until to-morrow Mr. ALLISON. Let that be reported. morning. If he does not object, I do not think I shall occupy Mr. MANDERSON. Mr. President, I ask what is the parlia­ the attention of the Senate for five minutes with what I have to mentary position of the bill? I understand it is in the Senate, say. and all the amendments made as in Committee of the Whole Mr. DAWES. If it will not incommode the Senator very much, have been concurred in except the amendment of the commit­ I should like to bequeath this to to-morrow. tee that was reserved by the Senator in charge of the bill. Mr. JONES of Arkansas. Then the resolution may go over. The VICE-PRESIDENT. That is the understanding of the The VICE-PRESIDENT. The resolution will go over. Chair. CHINESE IMMIGRATION. Mr. MANDERSON. To that amendment of the committee there is an amendment by the Senator from Alabama [Mr. MOR· Mr. DOLPH. I ask to have a House bill upon the table laid GAN]. before the Senate. The Committee on Foreign Relations meets The VICE-PRESIDENT. An amendment by the Senator to-mprrow,and it is important that early action should ba taken from Alabama. upon the bill. Mr. MANDERSON. I ask that it be reported. The PRESIDING OFFICER (Mr. TURPIE in the chair). Will The VICE-PRESIDENT. The amendment of the Senator the Senator indicate the bill? from Alabama will be stated. · Mr. DOLPH. It is a bill to prohibit the coming of Chinese to The Chief Clerk read the amendment of Mr. MORGAN, as fol­ this country. The present law upon that subject expires by its lows: own limitation early in May. The Senate has already passed a_ Provided, That the President shall hereafter appoint Indian citizens of the bill, w }lich went to the other House. The other House has passed United States to act as Indian agents when, in his judgment, the condition an independent bill instead of amending the Senate bill. It of the Indians ot any Indian tribe is such that such appointment will con­ tribute to attach the Indians to civilization and to the Government of the looks as if the intention of the House was to prevent any legis· United States. lation baing had on the subject and allow all the laws to expire, it having pursued the course of passing an independent bill, Mr. BERRY. Was not an amendment reserved which was re­ , which must now go to the committee and pass this body before ported to the Senate, and is not that the question before the Sen­ it can go into conference. If the other House had amended the ate? There was an amendment as to employing officers of the Senate bill it could have gone into conference at once. I ask United States Army as Indian agents, which was voted on in that the bill be read twice and referred to the Committee on Committee of the Whole. The committee amendment wa.s de­ Foreign Relations. ' . feated, as I understand, and a separate vote was reserved on it in The bill (H. R. 61&5) to absolutely prohibit the coming of Chi­ the Senate. nese persons into the United States was read twice by its title, Mr. DAWES. I understa!ld the position of the bill to be that it is in this respect just as it came from the House of Represen­ and referred to the Committee on Foreign Relations. tatives, amended by the motion of the Senato:- from Connecticut . INDIAN APPROPRIATION BILL. [Mr. HAWLEY]. The failure of the amendment of the Commit, Mr. DAWES. I move that the Senate proceed to the consid­ tee on Appropriations left the text of the bill in Committee of eration of the Indian appropriation bill. the Whole, and the text came up here without that amendment, Mr. QUAY. I ask the Senator from Massachusetts to yield S') that it stands the text of the House bill with the amendment the floor to me for a moment. · of the Senator from Connecticut. Mr. DAWES. I must insist on my motion. _ Mr. BERRY. But I am informed, I will say to the Senator Mr. QUAY. I trust the Senator from Massachusetts will yield from Massachusetts, that a separate vote was reserved. the floor to me for a moment in order to have a vote taken-- Mr. DAWES. A separate vote could not be reserved on that, ·Mr. DAWES. I have gotnothingtoyieldyet. Imovetotake b3cause it was not reported to the £enate. • up the Indian appropriation bill. Mr. BERRY. But after it was reported to· the Senate and all The VICE-PRESIDENT. The question is on the motion of the amendments were concurred in, the amendment was reoffered the Senator from Massachusettes. in the Senate. The motion was agreed to; and the Senate resumed the con­ Mr. DAWES. Yes; I reoffered it. sideration of the bill (H. R. 5974) making appropriations for cur­ Mr. BERRY. Has the vote been taken on that amendment yet? rent and contingent expenses and fulfilling treaty stipulations Mr. DAWES. No; ithasnot. Now,theSenatorfromSouth with Indian tribes for fiscal year ending June 30, 1893. Dakota [Mr. PETTIGREW] proposes an amendment to the bill as Mr. DAWES. Mr. President! during the discussion a day or it comes from the Committee of the Whole. two since the senior Senator from Mississippi [Mr. GEORGE] put Mr. BERRY. Not an amendment to your amendment, but an a very pertinent inquiry to me in reference to some statements amendment to the bill? , in the report which I made accompanying this bill. On the fifth Mr. DAWES. An amendment to the bill as it comes from the page of that report he found, under a comparative statement show­ Committee of the Whole. It comes from Committee of the ing the appropriations for 1892: etc., this item: Whole with an amendment attached to it on the motion of the Payment to Sisseton and Wahpeton Bands ot Sioux ot North Dakota for64 Senator from Connecticut [Mr. HAWLEY], and that amendment acres of land, $80,000. has been concurred in. · He putthe question to me how much that was an acre? It ap­ Mr. MANDERSON. If that is the position of the bill, and I peared to be an enormous sum. I was not able at the time to understand it to be, then certainly the first question would be give him a specific answer. I turned, however, ina few moments O!l the amendment proposed by the Senator from Connecticut to the law and it is in these words: [Mr. HAWLEY]. For the payment to the Sisseton and Wahpeton Bands ot Sioux Indians, of Mr. DAWES. That has already been concurred in. Devils Lake Reservation, in the State ot North Dakota, tor 64,000 acres of Mr. MANDERSON. That has been concurred in? land (being at the rate ot $1.25 per acre), to which they are justly entitled. under treaty ot February 19, 1867 (15 Statutes, 505), but which were not in- Mr. DAWES. Yes, that has been concurred in. cluded within their reservation boundaries. · Mr. MORGAN. I ask for the reading of the amendment of It is due to the Senator from Mississippi that I should give the Senator from Connecticut, which has been concurred in. ! him this explanation. wish to know what the record shows about that. Mr. HARRIS. I remember the Senator from Mississippi em­ The VICE-PRESIDENT. The amendment of the Senator from phasized the fact that there was $80,000 paid for 64 acres of land ... Connecticut will be stated. I suppose the tables showed 64 acres instead of 64,000. The CHIEF CLERK. The amendment submitted by Mr. HAW­ Mr. DAWES. It was a misprint, and I was not able to show LEY was to add to the clause ending on line 5, of page 2, the fol­ it to the Senator at the time, and I felt as if it was due him as lowing: well as to the Senate that I should do it at this time. Provided, That when the President shall be of opinion that the good of the Mr. PETTIGREW. I offer an amendment as an amendment service specially requires it, he may appoint a civilian. to the amendment of the Committee of the Whole. Mr. MORGAN. That has been concurred in, I understand, The VICE-PRESIDENT. There is an .amendment already by the Senate. · pending. The amendment of the Senator from South D3.kota The VICE-PRESIDENT. The Chair is informed that it has will be read for information. been. He wa.s not present at the time the ame~dm ent was The CHIEF CLERK. It is proposed to amend by striking out adopted. the clause beginning in line 12, on page 1, and ending with line Mr. MORGAN. In view of that fact, I withdraw my proposi­ 5, on page 2, and the amendment thereto adopted in Committee tion to amend. of the Whole, and inserting the following: Mr. HAWLEY. What has been read stands as adopted by the The President is authorized to detail officers of the United States Army to Senate as in Committee of the Whole. I do not know whether act as Indian agents at all agencies where he shall deem such action for the H has been concurred in in the Senate. best interest of the sernce. Mr. CULLOM. It is now part of the bill. The VICE-PRESIDENT. The pending question is on· the Mr. HARRIS. It has been concurrad in by the Senate. amendment submitted by the Senator from Alabama [Mr. MOR­ Mr. MORGAN. It is part of the bill now, and upon that GAN]. statement I withdraw my amendment. _.

i I 2950 CONGRESSIONAL RECORD-SENATE. APRIL 5,

The VICE-PRESIDENT. The amendment of the Senator office; and yet it is insisted that the President may for some from Alabama having been withdrawn, the pending question is reason or preference confide the discharge of the duties of that on the amendment of the Senator from South Dakota [Mr. PET- purely civil office to the military. TIGREW], which will be read. ' That is not all. Under the act to which I have referred the The Chief Clerk r'ead the amendment of Mr. PETTIGREW, P resident appoints this agent by the advice and consent of the which was to strike out the clause beginning in line 12, on page Senate. It is proposed, as I understand, by this proviso that the 1, and extending to line 5,onpage2, with the amendment thereto President shall do this by the issue of a mere order, the issue of adopted in Committee of the Whole and inserting: a mere military detail, and the advice and consent of the Senate ' The President is authorized to detail o:ftlcers of the United States Army to is wholly dispensed with. Can it be true that the President can act as Indian agents at all agencies where he shall deem such action for the fill a civil office by military detail? I admit that under the Con­ best interest of the service. . stitution the power of appointment might be- confided. by law to Mr. BERRY. Should not the vote first be taken on the the President alone, or might be confided to the head of one of amendment offered by the Senator from Massachusetts? This is the Departments, but still here is a law, and what is the duty of an amendment to the bill. The amendment offered by the Senar the President under that law? He is required to fill a vacancy tor from Massachusetts is also an amendment to the bill, but it by appointment, and that law stands; notwithstanding this pro­ was offered before the amendment of the Senator from South viso it remains the law still. If there is a vacancy, I can con­ Dakota. Would not the first question, therefore, be upon the ceive that the President would be justified in filling the office amendment offered by the Senator from Massachusetts, which for the moment by detail, but he would proceed to make the ap­ was voted down in Committee of the Whole and reoffered here? pointment of an Indian agent as r equired by the statute, for the Mr. PERKINS. Not at all. This is to perfect the text. statute binds the President. The VICE-PRESIDENT. Thisisanamendmentto the amend­ That is not all here. This bill provides- ment. For pay of fifty-seven agents of Indian a:trairs at the following-named Mr. DAWES. It will be understood that any Senator can per­ agencies, at the rates respectively indicated, namely. fect the text which I propose to strike out. If he offers an amend­ ment that has a tendency in his judgment to perfect the text Then follows the proviso: that I want to strike out, he has the chance first, because if my Provided, That from and after the passage of this act- amendment prevails he does not get his chance at all. I read it as it appears in the original bill, for the idea is the Mr-. BERRY. All right. same- The VICE-PRESIDENT· The question is on the amendment the President shall detail officers of the United States Army to act as Indian proposed by the Senator-from South Dakota [Mr. PETTIGREW]. agents at all agencies where vacancies from any cause may hereafter occur, Mr. pALMER. Mr. President, I am not sufficiently familiar who, while acting as such agents, shall be under the orders and direction of with the course of business in the Senate to say more than this the Secretary of the Interior. as to the general question involved in the motion to strike out - Is there any example in the legislation o! Congress of the de­ "the proviso. I suppose the question substantially before the tail o! a military officer under the War Department whose duty Senate, in whatever form it presents itself, is whether this pro- it is to obey another Department of the Government as soon as viso shall be retained in the bill; but I would be quite as well his detail is made? What would be the exact relation of this content with the amendment proposed by the Senator from military officer to the Department to which he belongs? What South Dakota [Mr. PETTIGREW] or with the-amendment already would be the duration of his detail? adopted, I believe proposed by the Senator from Connecticut Mr. MANDERSON. May IinterrupttheSenatorright there? . [Mr. HAWLEY], as I am with strikingouttheprovisoitself. My Mr. PALMER. Certainly. · objection to the bill is that it contains the substance oi what is Mr. MANDERSON. I would say that so far as this particular expressed in this proviso. matter is concerned such details have existed for a long time by As I understand the relation of the United States to the man- virtue of the statute. The present law is identical with the ob­ agement of its Indian affairs, it is one of mere civil regulation. ject of the amendment proposed by the Senator from South Da­ Congress has assumed to provide for the government of the In- kota, and under that law, which has been upon the statute book dians and for the management of Indian affairs by what maybe for many years-when was it passe~, I will ask the Senator from termed civil regulation, as much so as it has undertaken to pro- Vermont? vide for the judicial department of the Government or the r eve- Mr. PROCTOR. It is section 2062 of the Revised Statutes. nue department by the creation of classes of officers and by de- Mr. MANDERSON. Thatwas passa-d a good many years ago, fining their duties; but there is nothing in the legislation in I do not know when; and the President has detailed army offi­ regard to Indian affairs that partakes of a military character. cers as Indian agents. · On the contrary, these are strictly civil regulationB. The act Now, another suggestion. At a great many of the leading le- of Congress provides for the creation of a class of officers termed gations abroad, notably in England, in France, and in Germany, Indian agents. The tenure of their office is for four years and there are naval and military attaches, officers who are detailed until their successors are appointed. The general law provides to that duty; who report to the State Departmentandare under in substance that these officers shall receive such salaries as shall the orders of the Secretary of State. be voted to them by the appropriation bills. Mr. PALMER. And the term" attache" is an answer to it. Then the question which presents itself to my mine is this: Mr. VEST. The Senator has asked the question whether any Is it competent for Congress to direct that the President shall instance can be cited of a military officer reporting to one of the detail a military officer to fill a civil position? The officer who civil executive officers of the Government. Take the case of the is mentioned as the Indian agent holds an office for a term of Yellowstone National Park. There is a captain of the Army four years and until his successor is selected and qualified. Now, who acts as superintendent of the park and who is under the is it co:p1petent for Congress under our system of Government to control of the Secretary of the Interior and reports to him. directthatthePresidentshallfillbyanarmydetailanofficewhich Mr. PALMER. Admit that these examples exist, admit that has been created by law, a purely civil office? If that doctrine was these are precedents, and it only illustrates the force of the 'ob­ asserted as a general proposition, I suppose it would startle every jection I am urging to the principle of detailing military officers Senator present. The marshals of United States districts are to fill civil positions. officers whose term is for four years and until their successors Mr. MORGAN. If the Senator will indulge me a moment I are selected and qualified. Would it be claimed by any Senator ~will cite him to another instance of the detail of militaryofficers that the President might fill the office of marshal by a military to conduct civil government. There were a lot of officers in the detail? _ South in the period of reconstruction, called satraps, and I do If Congress can not authorize the President to fill the office not think that a more abominable form of government ever ex­ of marshal by military detail, is it not true that we can not a u- isted, one more repulsive to the people, more injurious to civili­ thorize the filling of an Indian agency by military detail? It zation, Christianity, and prosperity, than was found conducted seems to me that this question is one of vital importance as a by these military officers detailed for the purpose of governing precedent in legislation. There is no doubt that Congress, from Stat-es and communities in the South. I got sick of it at that the relation of the Government to the Indian, might place the time and I never expect to get over it as long as I belong to the control of Indian affairs under the charge of the Army. The Democratic party. Indians are mere perpetual inhabitants; they are not citizens; fr. HAWLEY. The Senator ought to make one exception in they are simply under the Government of the United States by bad governments, the governments that preceded those officers. Congress. I suppose they have none of the protection of the Mr. MORGAN. That was, to saytheleastof it, our government, Constitution for their rights. I suppose, therefore, it would ba not yours. We were responsible for it and enjoyed all its bene­ competent for Congress to place the entire co;ntrol of the In- factions and suffered all of its penalties. To say the least of it, dians under military law or under the Army. That maybe itwaslocalself-governmentwhileitlasted. Idonotthinkithas true; but we have this case: Here is a system of government es- demoralized this country very badly, and you are indebted to­ tablished by laws that have been in force for years, an office day for what we did in those struggles for the preservation of created_for a term of four years and a salary attached to the many of youi· constitutional principles. # 1892~ CONGRESSIONAL RECORD-SENATE. 2951

Mr. PLATT. I wish to suggest nne other thing to the Senator It is n~t necessary that I should answer the remark of the Sen­ from Alabama, if the Senator from illinois will permit me. ator from Alabama in his description of the military govern­ Mr. PALMER. Certainly. ments of the South. It is one of the misfortunes connected with Mr. PLATT. It is but a few years since I heard the most ter­ our late civil troubles that our ideas of civil government have rible denunciations from that side of the Senate as to allowing become confused, and we do now and we approve now what we army officers to have anything to do with voting in this country. should never have approved if it had not been for the necessities Mr. MORGAN. With elections, yes. growing out of the civil war. This proposition I desire to keep Mr. PLATT. Does not the Senator know that at very many distinctly before the Senate. of these agencies it is proposed to put these military officers By the way, I want to say here that bad precedents in public where the Indians vote? as well as in municipal law are a part of our inheritance, and our Mr. MORGAN. Yes. most unfortunate inheritance. Where is the power found! I sub­ Mr. PALMER. Indians vote? mit to the Senator from Nebraska, that the President shall appoint Mr. PLATT. Yes. an army officer to a duty-I mean distinctly as an army officer? Mr. PALMER. Under what right or authority do they vote? I am hot denying that army officers are, many of them, excellent Mr. MORGAN. Under the Dawes bill. men. It is not now necessary for me to say that it would not be Mr. PETTIGREW. I should like to answer the question. wise-if that question arises I should answer it-it might be wise Mr. PALMER. I should be delighted with an answer. to transfer the control of the Indians to the War Department, Mr. PETTIGREW. The Senator asks how they vote? except those that are citizens of the United States. I am utterly Mr. PALMER. I ask by what authority Indians vote? unable to comprehend how it is, and I hope I shall never be able Mr. PETTIGREW. In my State, for instance-and I can il­ to comprehend the reason that would authorize the President to lustrate it by example in that way better than in any other-the place citizens of the United States under military rule. It may Sisseton Indians become on the 15th of this month citizens of the be that an agent resides with these helpless citizens for their ben­ United States, having sold all their surplus lands but one section efit, for their good. That is competent. But to tell m~thatthere and taken land in severalty under the severalty act, which pro­ are to-day citizens of the United States under the control of the vides that when they take lands in severalty and sell the surplus President of the United States through a military officer shocks portion of their reservation, they shall become citizens of the me. It is a precedent that may well startle us all. It may have United States. Therefore, they become citizens and voters in been unwise to admit these men to citizenship, but after admit­ my State; but as they still receive goods from the Government ting them to citizenship to talk about an agent over them is re­ and their children are educated under treaties which we have volting. It may be true as a matter of fact, but it is an enormity made with them, an agent remains over them. as· a matter of law. Mr. PALMER. Remains with them, I hope, and not over I repeat, Mr. President, it is these bad precedents that mis­ them. lead us. There is no reason why an army officer should be de­ Mr. PLATT. At the Puyallup Agency-and I know this b3- tailed to this service. It may be that the President might ap­ cause it came up this morning in the Indian Committee-where point a citizen who is a soldier. I do not believe that soldiers the Indians are still on the reservation, wheretheyhavea reser­ are necessarily good men nor necessarily bad men, but I am as­ vation for the agency and hold lands, they are all voters; I do tonished at Senators who represent States insisting that army not know how many of them. officers are so much euperior in point of integrity and business Mr. PADDOCK. The same is true of the Santee Agency in capacity, and that the President can find no, civilians capable of the'State of Nebraska. discharging these apparently very simple duties. It is one the Mr. ALLEN. Mr. President, I will say to the Senator from "fads" of the times to claim superiority for the Army, and we illinois, that immediately adjaGent to the city of Tacoma there have not recovered from it vet. is a r servation of 600 Indians who have had the tutelage of the Mr. President, that is not all that can be .said about this. Government above almost any other frontier community of equal What is to become of the salaries provided for by this bill in case population for the last thirty years. They have been made citi­ the President should detail army officers? But, before I reach IZens of the United States. They hold their lands in· severalty. that point, under the act of Congress relating to the government They are citizens of the United States, as I say, and they are of Indian affairs the Indian agent is required to give bond, and also citizens of the State of Washington. They have a vote in very careful provisions are made not only as to the penalty of all the local affairs, even down to precinct and county matters, the bond, but to the sufficiency of his sureties. Is it intended, and yet they have no power of alienation over Jiheir lands. I a-sk the Senator from Nebraska particularly, that these men The lands are not subject to taxation under the State govern­ shall be detailed and be relieved from all the necessity of giving ment, and the law of eminent domain can not be exercised over bond as civilians must give it? There is no provision in the law them. for it and it is difficult to understand how the President could re­ These citizens of the United States and of the State of Wash­ quire an officer, detailed against his will, to execute a bond to en­ ington are still under the charge of an Indian agent. They are. able him to perform service imposed upon him by a military regarded as qualified to vote for President, to participate in the order. Then, I infer no bond would be required of the soldier election of our governor and State legislators but not competent agent, as I understand this provision. · to manage their personal affairs. In the high and responsible That is not all. What becomes of the salary this bill appropri­ duties of citizenship they are untramelled. Although they de­ ates? sire and are competent to dispose of their lands, and the needs of For the pay of fifty-seven a.~ents ot Indian affairs at the following-named agencies, at the rates respectively indicated. an adv~ncing city and their own welfare require that they should, a policy of paternalism has been interposed to prevent This proviso is thrust in at this point. It is not very much in them. I hope this Congress will relieve both them and the harmony with the general structure of the bill, but I read: · State of which they are citizens from this condition of disability. Provided, That from and after the passage of this act the President shall Mr. PALMER. Under an Indian agent? Mr. President, there detail officers of the United States Army to act as Indian agents at all agen­ cies where vacancies trom any cause may hereafter occur, who, while acting are mysteries beyond my comprehension, and among them is as such agents, shall be under the orders and direction or the Secretary or this mystery. the Interior. Mr. MANDERSON. Mr.President,perhapswe are imposing At the Warm Springs Agency, at $1,200. upon the good nature of the Senator from Illinois. · Supposing in the exercise of this power a vacancy should occur Mr. PALMER. Not in the slightest. I am learning. in the office of the agent there and the President should detail Mr. MANDERSON. But, to get back to the original conten­ a major or a captain or a lieutenant to perform the duties of Indian tion, I desire simply to suggest, in response to the remark of the agent at the Warm Springs agency. Here is a salary voted by Senator from Alabama [Mr. MORGANJ, that I take it that there Congress of $1,200 to that Indian agency. If this proviso is are army officers, or perhaps one army officer at least, on duty in worth anything at all, the officer detailed would be a-s completely that State now whom he certainly would not object to the detail the Indian agent as if he had been appointed by the President, of. The Secretary of War details seventy-five officers of the confirmed by the Spnate, and had given bond as required by the Army and Navy to become military instructors for the State uni­ statute. . versities and educational schools of the country. I think per­ Mr. MANDERSON. I think the question of the Senator from haps there is one in the State of Alabama, at the university or Illinois is abundantly answered by the present practice. The leading academy of that State. present law permits the President of the United States, in any Mr. MORGAN. Yes, a United States officer. case where he deems it wise, to detail an army officer as an In­ Mr. MANDERSON. He is thereupon civil duty. dian agent. That has been done repeatedly. There are Indian Mr. PALMER. If the office of military instructor was created agents now who are detailed officers of the army under that pro­ byla.wfor a term of four years as a part of the civil system of the vision of the law. They receive no extra compensation. This Government, then the answer of the Senator from Nebraska amount that has been appropriated for years past for the pay of would be pertinent. the agent at Pine Ridge, amounting, perhaps to $1, 00 or $2,000 a It is not necessary now that I should answer all these instances. year, is not paid/ to the army officer who is there. Undoubt- . -·

2952 CONGRESSIONAL RECORD-SENATE. APRIL 5,

.edly this bill, as it came from the House of Representatives, of this general statutB, ·and would not operate to repeal the gen­ properly construed and construed in the light of the practice eral law. which obtains, would provide that so long as there were: civilian Mr. PALMER. On the contrary, Mr. President, I am quite agents they should receive the compensation provided by law, sure that the statute read by the Senator from Nebrska has no but that when army officers were detailed by reason of a general possible application to this subject. I understand that that stat­ law, which prohibits them from receiving compensation of this ute limits military.officers to military pay for military service. character, from being twice paid for the performance of one Mr. MANDERSON. Oh, no; for all services. duty, they could not receive compensation. Mr. PALMER. But where they are required to perform civil Mr. COCKRELL. It would ba covered back into the Treasury. service outside of the line of their profession, where they are There is no trouble about that. placed under the control of the Department of the Interior, which - J Mr. MANDERSON. Certainly it would go back in to the Treas­ is not the case contemplated by the statute read by the Senator, ury. In other words, there would be a saving. When the terms why should they not have additional pay? There are new duties of all civilian Indian agents had expired and army officers had outside of their military duties, new obligations imposed upon filled their places, there would be a saving of this $58,000 per them, and why should they not have additional pay? Without annum, and that amount would go into the Treasury of the United undertaking to go into the mere detail, what can be assumed States. · would be the probable pecuniary liability of any of these detailed Mr. ALLISON. Or, if I may suggest to the Senator from Il­ army officers under this proviso. Large responsibilities are linois, this bill might provide that when during such detail these thrpwn upon them, -and to say that they shall perform those duties army officers shall receive the salaries provided for in this bill, that are within that act, in my judgment, is a simple absurdity. they shall not receive army pay. It is not such service as was in the contemplation of the act read Mr. COCKRELL. That would be a very beautiful thing to by the Senator. On the contrary, I maintain that this bill, if it put into a law! . becomes a statute, repeals all precedent laws with which it is in Mr. PALMER. I am reading this proposed law. The Pres­ conflict, and I maintain that the statute read by the Senator from ident is authorized to detail officers of the United States Army Nebraska has reference alone to the official military duties of to act as Indian agents. During the time of that detail, if I am army officers and has no application to a case like this. at libarty to take my opi.qion from Senators. around me, the of­ The Senator has said that military officers have been sent fice of Indian agent would remain vacant and would not be filled abroad as mere attaches of our ministera. Do as the Senator mean as matter of law at all. There would be an acting agent for a to say that in that class of cases they would be limited to just day or a week or a month and the President could continue that such allowances as the act he has read authorizes? On the con­ detail from time to time according to his discretion. Is that the tra-:-y, being sent upon these special duties, involving a mucQ. proper construction of the bill? How is it? Why would not larger and difft3rent class of expanses, as a matter of course their these men while acting as Indian agents. be entitled to the salary expenses are provided for . Their duties are not military. It voted to the office? The language would give it to them most has never been claimed by any one, I take it, that such an officer clearly. What the precedents may do I do not know. What is paid by the pay-table in the usual manner without reference to might be done by construction I can not tell. There is the lan­ the additional expenses imposed upon him by the duties abroad guage of the statute. According to my conception the true con­ to which he is assigned. struction would be that whilst this money was being appropri­ Mr. President, I did not intend to occupy all this time because ated for an Indian agent it would be payable to any one who I want to go back to the central proposition, and it is this, that might perform the duties of the office. this provision of the bill is contrary to sound political principles. Mr. CALL. The Senator will allow me to suggest to him that In the first place, these duties, as I have said before, are purely this is the last law, and it will therefore repeal every other law civil. I grant that from the conditions in some of the reserva­ that is in conflict with it. tions the presence of the military is necessary, and I maintain Mr. PALMER. I grant the Senator is right in his general that when the presence of the military is necessary the military proposition that a later law in conflict with a precedent one will m~y well be employed by.the Presidentforpurely military pur­ by implication repeal the precedent law. I am aware of that rule, poses. But that is not this case. but what does it repeal? It does not repeal the law creating In­ My proposition is that this organization is a purely civil organi­ dian agents-- zation.. The law creates an office for a term of four years. It Mr. DAWES. Mr. President- provides that an officer shall be appointed by the President by The PRESIDING OFFICER(Mr. HARRIS in the chair). Does and with the advice and consent of the Senat3. It requires that the Senator from Illinois yield to the Senator from Massachu­ that officer shall give bond and security, and the law then defines setts? his mere civil liability. It is proposed by mere military detail Mr. PALMER. I do. to overlook the Senate. It proposes by a mere detail, as I sup­ Mr. DAWES. I am quite as much in earnest on the side of pose, that the military officer shall incur none of the obligations the Senator as he is on this matter, but it can not be argued on · which a bond imposes, and indeed it is a dangerous example to the point he is arguing it, for there is an express provision of detail a military officer to fill a distinctly and purely civil office. law that- - I grant that there are soldiers worthy of any station, civil or The President may require any military officer of the United States to ex­ military, and when selected for such a station by competent au­ ecute the duties of an Indian agent; and when such duties are required of thority none can demur either to their integrity or capacity, but any military omcer, he shall perform the same without any other compen­ sation than his actual traveling expenses. this idea that Congress can clothe the President of the United States with the power by mere detail to fill an office which Con­ Mr. PALMER. I should say, with great respect to the Sena­ gress has created is one to which I will not assent. tor from Massachusetts, in whose judgment and experience I Having expressed my views with a statement of the reasons have the greatest confidence, that that law is to be interpreted that control me, I am quite content that the matter may be dis­ by itself and this law is to be interpreted-by itself. That law posed of; but my protest against this principle of legislation is provided that the President might authorize military officers to one that I desire to make distinct, one that I do not expect to perform the duties of Indian agents, and when they performed abandon. I have seen too much myself of the employment of the duties of Indian agents under that statute they were not en­ military force and powers conferred upon military officers, to titled to compensation other than their military pay. But what agree to place these blanket fellow-citizens of ours under mili­ is the effect of this law? There is no such proviso in this stat­ tary government, and I therefore hope the Senate will not con­ ute; there is no such limitation. It is, therefore, useless to quote sent to it. the limitation of that statute as operating upon this. Mr. PETTIGREW. Mr. Pre5ident, I heartily agree with Mr. MANDERSON. I think the Senator is right in his propo­ everything the Senator from Illinois has said. I do not believe sition if we should pass this amendment of the' Senator from that army officers ought to be detailed for this work, or at least South Dakota [Mr. PETTIGREW], which is identical with the that.they should be detailed only in those places where the Presi­ lano-uage of the present law so far as the matter of detail is con­ dent believes that the·necessity and the good of the service re­ .- cer~ed, and omits that proviso, that the officers shall perform quire it. Hence, I offered my amendment giving him that power this duty without pay, the result would follow that the Senator and authority. from Illinois suggests. But I should like to ask what he has to There is another-case in my State to-day which leads me most say in view of the general statute which prescribes the pay ol earnestly to enter my protest against this legislation. The Chey­ every officer of the Army of the United States, and then pro­ enne River Agency is vacant, and the first appointment under vides- this law, if it is enacted, will be at that agency. These are Sioux That no allowance shall be made to omcers in addition to their pa.y, except who ceded a large part of their reservation, retaining still a as herein provided. large reservation. Ab:.>ut three hundred of them remain upon Then it goes on to provide for quarters, fuel, forage, etc. Cer­ Bad River, in the ceded portion, taking lands in severalty, and tainly the enactment of this law permitting these officers to be thereby becoming citizens of my State. These citizens of the detailed as acting Indian agents must be construed in the light United States and voters in my State will come under the super-

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1892. CONGRESSIONAL RECORD-SENATE. . 2953 vision of an army officer, who has the remainder of the tribe part of the Indians to this interference. The presance of the under his charge, about 2,200 mor.e Indians, and I must say that Army, especially of the private soldiers, is demoralizing in the I enter my solemn protest against an army officer being placed extreme. in charge over these citizens. Mr. ALLEN. May I ask the Senator from South Dakota a It seems to me remarkable that Congress should enact this question? law under the circumstances. The Commissioner of Indian Af­ Mr. PETTIGREW. Yes, sir. fairs, the Committee on Appropriations who brought in this bill, Mr. ALLEN Is it not a fact in the experience of the Senator and nearly every member of the Committee on Indian Affairs on the frontier that the placing of the Indians in charge of the are opposed to its enactment. I received this morning a letter military has proven demoralizing both to the Indians and to the from the Indian Commissioners on this and other subjects. The Army? first portion of the letter relates to the question of education Mr. PETTIGREW. Most decidedly so, without exception, and among the Indians. They also say: there is a case in point-- We also respectfully suggest to Congress (in view of the proposed legislation Mr. MANDERSON. I should like to ask the Senator whether requiring the appointment or all future Indian agents from officers in the a notable exception is not the course of Capt. Dougherty in the United States Army) that the experience of the last fifteen years vindicate3 Standing Rock Agency in his own State, and I will ask him the wisdom of bringing into contact With the Indians as a. civilizing a.nd up­ lifting force agents and teachers who are not exclusively army officers. With whether I have not heard from him expressions of very great ad­ the greatest respect for the officers of our Army, it is the conviction of the miration for the course of that officer? Board of Indian Commissioners that the work of education and civilization Mr. PETTIGREW. Capt. Dougherty and no other captain should be presented to the Indians from the point of view of the American citizen. ra.thet than exclusively from the point of view of the Army. was ever an agent in my State on duty at Standing Rock. One With respect, we are, yours very truly, of the bast agents in t-he service, Mr. McLaughlin, is the agent MERRILL E. GATES, there, and has been for years: ALBERT K. SMILEY, WILLIAM H . LYON, Mr. MANDERSON. Perhaps I am mistaken as to the name PHILIP C. GARRETT, of the agent. The Senator will remember the gentleman to ELBERT B. MONROE, whom I refer. E. WHITTLESEY, Members of the-United states Hoard of Indian Commissioners . . Mr. PETTIGREW. If the Senator refers to Capt. Dougherty, who was in charge of the Indians at Crow Creek in 1878, just I had read the other day a letter from the Commissioner of In­ after the Custer massacre-- dian Affairs upon this same subject. Mr. MANDERSON. That is the man. It will thus be seen that every person in authority who has Mr. PETTIGREW. These Indians were in arms against the given this question any study are opposed to detailing army offi­ Government and an army officer was detailed temporarily to cers for this work. take charge of them. Mr. McPHERSON. Will the Senator from South Dakota per­ Mr. PADDOCK. I should like in that connection to ask the mit me to make an inquiry of him? He seems to be very familiar Senator if he knows, as a matter of practice on the part of the with this question. Administration in power, if it has been the rule, or if there have Mr. PETTIGREW. I yield to the Senator. been exceptions to the rule, that an army officer has been de­ Mr. McPHERSON. When the Indians accept their lands in tailed as an agent of a tribe in a time of profound peace, when severalty and become citizens of the United States, as I under­ there had not been before the detail disturbance and trouble or stand the Senator, they become voters. The right of citizen­ was at the time disturbance and trouble, or reason to anticipate ship, the right to vote, would imply the right to hold office as disturbance and trouble, which was a menace of forc9 on the well. Then, what authority do the Indian agents exercise over part of the Indians towards the agent then in control. the Indians who have taken their lands in severalty and become Mr. PETTIGREW. I have known of no instance where an citizens? army officer has been put in charge of an agency except un­ Mr. PETTIGREW. I will say to the Senatorthattheindians der the circumstances related by the Senator. The only army relinquish none of their tribal rights under the severalty law. officer now in charge of an agency in Dakota is Capt. Brown, They become citizens, but are still entitled to annuities and to at Pine Ridge. During the difficulties one year ago last winter that assistance which the Government is bound to give them at this point the officers of the Army said it was a military ne­ under the treaties. The power of the agent then is advisory, and cessity that, the civil agent should be suspended and an army also in the withholding of privileges and advantages. For in­ officer appointed in his place, with the understanding that it stance, the law says that he shall purchase of the Indians what­ was a temporary expedient only, and Capt. Penney was dehiled ever they may raise, giving them the preference in the purchase for service. There has been some statement made that if army of cattle and hay and wood. officers had been there there would have been no trouble. I Mr. McPHERSON. The agent exercises then a sort of gov­ wish to say something in regard to the difficulty among the ernment over the Indians. He is the governor of the tribe, so Sioux. One year ago last winter these Indians had become en­ to speak, so far as the exercise of discretion and power by the thused with the idea that the time had come for the Messiah to Government of the United States is concerned? return to earth. Mr. PETTIGREW. Yes; andhecansaytothese Indians who It was not a question of starvation or shortness of rations or ' are citizens, '' I will not give you any of these privileges, any of anything of the sort, but they had come to believe that theMes­ these advantages which the others may have," if he chooses to siah would return, raise the Indians from the dead, repeople the do so. In the case of the tribe at Cheyenne River of 2,500 In­ prairies with their ancestors, cover the plains with the buffalo, dians, 300 are citizens. Those 300 live on the ceded portions, are the elk, and wild game, and that the whites would disappear voters in the county, and could control its political affairs. I from this country. Thousands of them honestly believed this. think they are in numb3r to-day sufficient to control the politi­ Theywere told by their preachersthatif they continued to dance cal affairs of that county. The agent may impose such burdens in a certain manner, and kept it up for a certain length of time, upon them as to compel them to return to the agency, move away these eyents would occur. At Pine Ridge several hundred of from their lands, and go upon the reservation, in order to enjoy them had begun to dance in pursuancE! of this belief. The un­ the privileges which are granted to the other Indians. · . ruly Indians, those who were willing to take advantage of any Mr. KYLE . . I should like to ask also if those Indians still disturbance, as men are willing to steal sometimes in case of a draw supplies? fire, took advantage of it to commit depredations upon other In­ Mr. PETTIGREW. Yes, sir; they are entitled to every privi­ dians and to do criminal acts. lege under the law and to. their annuities. They forfeit nothing Mr. PADDOCK. Was it not in the nature of an exhortation of their rights as Indians and members of the tribe by becoming to return to the old methods? citizens. That is especially provided for by statute. Mr. PETTIGREW. The dance was purely so, and they hon­ Mr. McPHERSON. But until the tribe all bocome citizens, estly believed it; but these other Indians and avery few in these the Government must continue to exercise some degree of regu­ tribzs took advantage of this excitement to commit criminal lation over the tribe? acts. There need have been no war . . Dr. Royer, the agent at Mr. PETTIGREW. Even when the tril::: e a.ll become citizens Pine Ridge, went there and found this condition of affairs and still the Government keeps an agent and dis l~e nose s the annuity sent out and arrested some of the unruly Indians. · Theraupon goods and the moneys to which they are entit led under the laws some others joined the unrulJ Indians, released them from ar­ and the Commissioner of Indian Affairs lets the contracts for rest, resisted his authority, and threatened to kill him and burn supplying these different things to the agencies. In the case of the buildings. · the Sisseton and Wahpeton Indians in my State, where they will There were only a few of these Indians, but they were enough all become citizens on the 15th of this month, something like to completely discourage the police, for the police were armed four hundred will become voters. with revolvers only, while these disorderly Indians were armed We have bad arii!Y officers in charge of the agencies in Da­ with Winchester rifles. The agent applied to the Interior De­ kota from time to time for twenty-two years, and in no instance partment for an increase of his police force to 100 men, and ap­ that I know of has there been anything but opposition on the plied for Winchestar rifles with which to arm them. What -- 2954 CONGRESSIONAL RECORD- SENATE. APRIL 5,

ought to have been done was to furnish him with this authority, can learn there is no attempt made at religious instruction among the Klamaths. with this additional force, to have allowed him to employ 200 In­ The Hoopas, though speaking an entirely different dialect, are undoubtedly dian police if necessary, arrest the disorderly Indians, and let a branch of the same tribe. Their reservation of 10 miles square is said to be the fanatics dance. the most inaccessible one in the United States. In the heart of the Trinity Mountains, with no road nearer than 16 miles, anything done there is liter­ When the authorities undertook to disturb their dancing, the ally done behind the door and abuses are ~rtainly !)erpetrated there which Indians said, " The white race are afraid that this will happen; could not be done openly, that their day of destruction has come." Therefore the Indians The Indians are intelligent, speak fair English, and ought to be self-sup· porting. Their one grievance is the "military post," for which there has insisted upon dancing more persistently than ever. Dr. Royer, not been the slightest necessity for many years. The post now consists pf when the Interior Department would not furnish him with ad­ the captain, lieutenant, surgeon. and ten men, besides hospital steward and ditional police and arm them with Winchester rifles, called for baker. These men are to be relieved every three months, so that just four times a year a new lot or unprincipled vagabonds are turned loose to range troops, and he was justified in doing it. through the reservation, find and debauch the girls, and in every way add to The PRESIDING OFFICER (Mr. BERRY in the Chair). The the degradation of these people. Senator will please suspend. The hour of 2 o'clock having ar­ The captain attends very well to their material wants and encourages them to build houses and become civilized as far as civilization can go with­ rived, the Chair lays before the Senate the unfinished business, out any moral influence whatever. which is the bill (S. 2729) to amend an act entitled "An act to It appears that the white men who have lived there-omcers, privates, and establish circuit courts of appeals," and to define and regulate in civilians alike-have indiscriminately left their progeny to be brought upon the agency rations, without a thought of responsibility. certain cases the jurisdiction of the courts of the United States, A second ~;teneration of these are coming on, and the only white men in and for other purposes. the reservatiOn are supposed to represent the Government. The only woman Mr. DAWES. Mr. President, I ask that the unfinished busi­ to whom I spoke who could not answer me in English was a pretty girl with face so fair it was freckled, with a baby in the basket at her side. ness may be laid aside for the -present in order that the pending It is heartsickening to see what these lawless, worthless men do, and the - bill may be continued. e1rect of these things on the people. The existence of a military post justi­ The PRESIDING OFFICER. If there be no objection, the fies the business of a post-trader. The soldiers spend their pay for drink and give it freely to the Indians, especially the women, who readily, under unfinished business will be temporarily laid. aside and the Indian its infl.uence, become theh· victims. The consequences are more easily im­ appropriation bill continued. The Senator from South Dakota agined than described. They are diminishing, not from evils or diseases of will proceed. civilization, but from the white man's lust and brutality. The Indians are praying for the removal of the post. Mr. PETTIGREW. One company of troops was then sent to The post trader is rich and in.fiuential. He owns the pack trains by which Pine Ridge, and then another company of troops. The Indians access is had to Hoopa, so that ordinarily no one gets there without his insisted that they would not stop dancing, they would not give knowledge, or sees anything that h.e prefers should not be seen. (I went by an abandoned trail.) He and some others have made a great deal of money up the hope of the returning of the Messiah. More troops were there. Politicians and business men in the towns on the bay do not want ordered, until an army of 5,000 regulars was there. The massa­ the post removed on account of Government patronage. The newspapers cre of Wounded Knee occurred. I insist that the call for troops claim that the presence of white men there creates a market for what the Indians produce. by the agent was abundantly justified and that the only thing The Government buildings known as Fort Gaston would serve admirably that would have prevented the difficulty there would have been for an industrial school, and the number of Christian people equal to the to have provided him with sufficient power and force to prevent soldiers now there, would, if engaged in educating the Indians, make the last one self-supporting in a few years, while making just as much of a mar­ disorder. ket for their produce. I know of no reason whytheselndiansshould nothave believed this which they believed. I talked with several of them about I will not read the remainder of the letter, as what I have read it. !understand thatYoung-Man-Whose-Horses-Are-Afraid, the covers the ground I wish to cover. I wish to say further, that chief of the Sioux Nation, said that he did not believe that the these army officers refuse in many instances to obey the Inte­ Messiah was coming again, but he said he did not blame the In­ rior Department after they are detailed. They recognize no au­ dians for believing it. He said the whites taught them that He thority but one who outranks them in command, and this has came upon the earth once and they killed Him, and he would not occurred time and time again. In this very case at Hoopa Val­ blame Him if he tried the Indians next time, and neither would ley the army officer in charge at the time this report was writ­ I. But I do not think it is astonishing at all that these people ten, removed teachers in the school, and when ordered by the believed in this and were wrought up to a high pitch of enthu­ Commissioner of Indian Affairs to reappoint them, refused point siasm. blank to do it, and for the condition of things related in this pa­ I think that with proper and careful treatment and considera­ per, for his i.Jlsubordination, this <;>fficer was removed and another tion for these Indians who were disorderly we should have h:id army officer, I understand, too~ his place. no trouble. I said in response to the question of the Senator Take the case illustrated a few days ago by the Senator from from Nebraska that in my State there were no instances in which Nebraska [Mr. MANDERSON] of Pine Ridge Agency, where Capt. an army officer had been placed in charge where there was not Brown refused to issue the bacon after he was ordered to do so, a military necessity for it, where there was not disturbance or and was positively guilty of acts of insubordination. It may be a prospect of war and difficulty. remarked that he did his duty. I doubt it. In the case of the There is one agency, however, in the United States which is bacon that was furnished at Pine Pidge, it was inspected by an in charge of an army officer where there seems to be no justifi­ officer in Chicago, and when complaints came from Capt. Penney, cation for the presence of the military, and that is the agency in charge at Pine Ridge, to the Commissioner of Indian Affairs at Hoopa Valley, in California. I have here a letter written by and complaint came from the civil agent at Fort Berthold, that Mrs. Dorcas J. Spencer, the correspondent of the California inspector was removed and another man appointed to go there Woman's Christian Temperance Union, with regax:d to the con­ and investigate this property. It was understood, I at least so dition of affairs at that agency last summer, in which she says: understood it the other day, that the same inspector was sent to While speaking to an audience at Hydesville, Humboldt County, Cal., one Pine Ridge who inspected the goods before, which was not the morning last summer, I observed an Indian, a man I have long known, pay- . fact. 1ng the most eager attention to my words in regard to the Woman's Chris­ tian Temperance Union. The next day he came to see me, and in terms Further than that, one car and a half, which would be about positively pathetic, invoked me to go with him into the Hoopa Reservation. 45,000 pounds of this 120,000 pounds, was inspected by the clerk He told me of wrongs done there, of which I had already heard, and of his in charge at Rushville, who is a citizen of Nebraska and was ap­ vain attempt to get a hearing on the subject; how he had seen the interests of trade and politics a barrier to his e1rorts, but he said, "You represent pointed on the recommendation of the Senators from that State. many Christian women who have neither political nor commercial interests, His report shows that the bacon which he inspected, with the you have no axes to grind, and you will be believed." As soon as I could I assistance of two expert butchers, was perfectly good and sound, went with him over a tedious mountain trail on mules into the reservation, and saw enough to corroborate all that I had heard before. He is a full­ and I am informed to-day that after the inspector had gone there blood Hooper Indian, a devout Christian man, named William Beckwith, and and had inspected this bacon and had thrown out 6,000 pounds enjoys the confidence of both races, lmowing every foot of the way and of it, a merchant in thatco_untry offered to take 75 per cent of it, every Indian there. This gave me excellent advantages of observing and hearing the facts in regard to t·he Indians. I talked to them in the reserva­ and he said it was the same that he was selling to his customers. tion schoolhouse, and during my visit many of them came to see me, and I There seems to have been a conspiracy in this case at Pine visited quite a number of them in their houses. They told me that men had Ridge. been there and promised to intercede with the authorities for them and had never been heard from again. They were getting used to disappointment. Capt. Penney found a little poor bacon. It was shipped in Oc­ I felt the force of all I saw so deeply that I gladly promised to do the only tober, when the weather was hot, and it is not strange that out thing a woman can-to talk for them, and not to stop until a hearing shall of 120,000 pounds, some of it would spoil. He·immediately con­ behad. , ,. There are in northern Humboldt County 1,960 Indians, 4fY7 of whom are in demned the whole lot. When Capt. J?rown came, Penney said: the Hoopa Reservation, the rest being distributed along the narrow valley of "You must stand by me. I have condemned this bacon." The the Klamath River. Amongtheseare250whitemendomesticated with them, two captains told the Indians that it was rotten, old, musty, and raising mixed families, men who have at one time been a great impedi­ ment to all good works, but whose unlawful interest in the Indian women worthless, and when the Department investigated it by two dif­ is superseded by a paternal interest in her children, and they are rather ferent special inspectors, they found that only 6,000 pounds of it pleased to have better infl.uences around them. was bad. The army officer refused to issue any portion of it, and The county provides a school wherever six pupils can attend, so in that en­ tire section there are about four schoolhouses. Orleans Bar, once the seat of it has lain there all winter and now another inspector is there, Klamath County, is said to have but one entirely white family. So far as I and he reports back that they had better "ship a few tltousand ,• ./

1892. CONGRESSIONAL RECORD-SENATE. 2955

'' B '' lot; all sides sound, sweet, and merchantable, and known to the trade pounds oijt away, although the bacon is all right, so as to let the as short-clear sides, except that they had a very sma.ll portion of the heelsor Indians think that what was issued to them was all right, in view end of nos left in, but very thin and from an inch to 1! inches long, and of the fact that the army officers had discredited it. which, in my opinion, are very little disadvantage to the sides, and I do not think were left in the sides intentionally, but by carelessness of the work­ Capt. Brown laid great stress on the fact that Armour's agent men when slaughtering and dressing the hogs. on his way to the agency said the "bacon wasnot_such as they fur­ I cut what might be called "objectionable," as above 1escribed, from some nish the Army, but was good enoughfor Indians. It is not such of the heaviest sides with a part of the hench bone and found that the loss bacon as we buy for the Army. Our 24,000troops get bacondone was not over It per cent. And I would recommend that this lot of sides des­ ignated as "B ' lot be accepted also, with the allowance or deduction of ll up in a cloth. It is all clear sides, every piece wrapped in a per cent, although another lot of sides in the commissary which have been piece of cloth, so that the soldier need not dirty his white gloves accepted, contain the same heels of ribs as described by me and some sides weighed 82 pounds, but the lot of sides averaged much lighter than the while he handles it. It costs the Government $l,OOOperman for Armour sides. I found after a good deal of taTh: with many workmen and our Armyeachyear, while the laboring men of this country earn the Indians themselves, that Indians do not like light or lean bacon, but like less than $500 per year to support themselves and their families. it very fat. Of course the dudes of theArmycannot u'3e such baconasthein­ Mr. Pugh, the issue clerk, told me this also. I found some of the heaviest sides to weigh 82, 92, 100, and 102 pounds, but not many of the he a vier weights. dians would use or the citizens of this country would use, but They were sound, sweet, and merchantable, and could not be rejected. The must have each piece done up separately so that they will not third P!,ade, I called "rejected" and after weighing up ''A" and "B" I went dirty their gloves. The bacon which was bought was "clear, over ' rejected" a second time, and after a very close inspection, was in duty bound to take back a few sides as "A" and "B" grade, and then I separated short sides," and while it is not that which is sold in the citi~s, the balance into lots called No. 1 rejected and No. 2 rejected. No. 1 rejected it is the ordinary merchantable bacon that goes into the farm­ were more or less damaged, but to any dealer there would not be over 20 per ce.J.t loss on the lot (6,011 pounds). ing communities of this country. No.2 rejected I consider unfit for food (920 pounds). I made two grades I wish to read a portion of the report of this inspector who of the "rejected" for your information, and felt it was also due to the con­ went to Pine Ridge to look into this matter and inspected this tractor, as he mi~ht find opportunity or disposing of the "rejected" if he could do so intelligently and save him from greater loss by shipping back to bacon. First, I will read his telegram: Chicago. Mr. A. W. Means, the butcher at the agency, was with me quite a [Telegram.] good deal (being in charge of the men a part of the time), and when he saw me setting a-side the "B " lot because of the little tips of ribs in them, he PINE RIDGE AGENCY, 8. D.AK., January 19, 1892. said "That ought not to hurt them." I also showed Mr. Pugh and the gen­ Hon. COMMISSIONER OF INDIAN AFFAIRS, tleman in charge of the beef issue how I tried the sides and how .quickly the Washington, D. 0.: steel trier would show t.he least taint by smelling it. The trier is a st-eel blade Completed inspection of bacon this afternoon. Will leave for Chicago to­ or dagger about 8 inches long, 1t inches wide, oval-shaped, and pointed so that morrow n.oon. Will make full report on arrival there. when withdrawn the hole closes up. I found less than twenty sides that had any backbone in them, but there were a few. Before comm~ncinginspeetion C. C. COX, InBpector. I weighed ten crates gross, with the following result. CmcAGo, JanuaT"1!23, 1892. Then he gives the result of the weight, and shows that it held The Hon. COMMISSIONER OF lNDIAN AFFAIRS, Washington, D. 0.: out, and that there was only 6,000 pounds of defective meat in Sm: In accordance with your letter of instruction dated December 31, 1891- the lot out of 120,000 pounds. finance 40430-91,41521-91, 43972--91, 45909-91, 41573--91,41671-91, "you are therefore Now, I submit that it is hardly fair to the Commissioner of instructed to proceed at once to Pine Ridge Agency," I left Chicago on Jan­ Indian Affairs or the Secretary of the Interior to have brought uary 7 for Pine Ridge Agency to inspect bacon, reaching there in the after­ noon of the 9th. I introduced myself to the agent, Capt. George Le Roy one side of this case here, as seems to have been done the other Brown, and read to him my letter of instructions from you. I met with a day, and not show all the facts connected with it. I say, further, very cold reception from him. He acted as if I was the agent of the contrac­ that every circumstance in connection with this matter shows tor of that bacon and had come to bribe him to accept the same. He declined to talk to me on the subject, and led me into the presence of Mr. George that. the Commissioner of Indian Affairs has been a most intelli­ Comer, his clerk, and other assistants, and said in their hearing that he "de­ gent, earnest, and conscientious officer, protecting in every way clined to talk to me about the bacon, except in the presence of witnesses." within his power the interests of the Government, the Indians, That he did not, or was not supposed to know that the bacon was there ex­ cept from the smell of it, and that he did not propose to have anything to do and every interest involved. _ with it. It seems to me that if this amendment is adopted and these This was rather a. damper on one who had made sacrifices to come so far to agencies turned over to army officers, the whole Indian service render service to the Government, and coming from one from whom I felt I had a right to expect encouragement and assistance. ought to be turned over to the Army; that we have no business He said that he and the issue clerk, Mr. Pugh, were JrOing to some other to establish a dual authority. When the Interior Department points on Monday to issue rations, and told Mr. Comer to furnish men to needs an Indian agent they must.call upon the War Department, handle the bacon. This occurred in the first fifteen minutes I was in the office. I then sought a place of entertainment, and after dinner found my and if they designate a man who is particularly competent the way into the commissary and saw the pile of bacon in crates. Four or five War Department may say that· they can not have him and de­ crates had the lids off, and I was told they had been opened by Armour's rep­ tail someone else. So the President is obliged to consult the resentative, who had been sent there. I had only a few pieces of the bacon taken out, and I discovered that some of the pieces were aU right, and found War Departmentand the Interior Department in order to secure some that were more or less unsound. It was too late in the day-3 or an Indian agent; and after he has secured him, the soldier who 4 o'clock Saturday afternoon-to begin inspecting, and no men had been is sent to take charg-e of an agency, recognizing no authority but provided. I went to the agent's office. again, and in conversation told him what I had discovered, but he immediately cut me off, and said he "did not that of his superior officer, refuses to obey the commands of the want me to talk to him alone on that subject." He seemed to think that I Commissioner of Indian Affairs, and does pretty nearly as he has might get him to commit himself into the acceptance of the bacon, and he a mind to, constantly thwarting the wishes and intentions of the \, evidently had made up his mind to be governed by what some one else had said, and did not care or intend to investigate for himself. That was all the Interior Department, producing a conflict between the two De­ conversation I had with Capt. Brown while at Pine Ridge. I understand partments of the Government here in Washington. It seems to that he was away several days. me that it is a most serious mistake, and one that we ought not I called at the office Friday or Saturday evening of last week about 8 o'clock. Capt. Brown and the issue clerk, Mr. Pugh, were in conversation. to make. I said, "good evening, Capt. Brown" and he said "good evening" and contin­ Mr. PROCTOR. Mr. President, I do not care to answer the ued his conversation with Mr. Pugh. I looked in the back room to see if Senator from South Dakota [Mr. PETTIGREW]. I merely wish Mr. Comer was there, but 1ihere was no one else in the office. I stood for a moment and not being invited to sit down I concluded I was not wanted to say about the Hoopa Valley case, which he referred to, and there, and left the office without any other word or salutation from the a letter he read from a woman, an agent of the Woman's Chris­ agent, and have not had an opportunity to speak to him since, as he never came near me to see what I was doing and I did not feel like hunting any tian Temperance Union, I believe, that it was one of the gross­ colder place than I had while working in the commissary with the mercury est cases of misinformation and IJ!isrepresantation, not willful 32° below zero. He was not at the agency when I finished my work and left probably, that I have ever known. It was thoroughly investi­ there. Mr. Comer and all others at the agency were very kind and courteous to me when opportunity atlorded. - gated by both the War Department and the lnterior Depart­ Report on inspection of about 120,000 pounds bacon sides found in the com­ ment. The War Department has for years been trying to get missary at Pine Ridge Agency, shipped by J. 0. Armour from Chicago. the army' post away from that reservation, and the objection I began on Monday morning under very unfavorable circumstances, the weather being intensely cold, the thermometor recording 32° below zero. made by the Interior Department has been that they needed the My assistants were inexperienced men, generally Indians from the' police Army there to protect the Indians. They have been kept there force and half-breed boys from the shops. The meat was very hard and diffi­ for that purpose at the request of the Interior Department. cult to try with my sharp8°-inch steel trier, but I succeeded better by having a bucket of hot water at my side into which I put the trier every time I thrust Three or four months ago the troops were taken away. it into the side. The heat made the entry easier and also enabled me to de­ I have understood recently, I do not know how truo it is, that tect any bad smell or taint that might be there. I tried every bacon side in at the request of the tnterior D epartment they have been re­ that lot from eight to ten times in the diiierent places where I thought there might be any trouble, and I do not believe any lot of bacon ever had a more turned. The conduct not only of the officer in command but of thorough testi.ng or inspection. the soldiers as well was thoroughly vindicated by that investi­ Being packed In crates, it had become rolled up to a certain extent and the gation, and the fault was enti:rely chargeable to lax administra­ pieces were so frozen together that crowbars and spades had to be used to pry them apart. This, of course, gave them a rougher appearance than they tion in other directions. The officer in command, Capt. Dough­ would otherwise have had, but did not injure them. The extreme cold drew erty, has had the thanks of the Interior Department for his out the salt, so that the meat looked like it was covered with snow. I de­ conduct in other places, and it was above any blame or criticism cided to make three grades, as follows: . there. "A" lot accepted; all sides sound, sweet, and merchantable, and •'short clear sides," as known to the Chicago Board of Trade, with part of feather­ Mr. MANDEI_tSO~. Mr. President, one uninformed upon this bone, breastbone, and hench bone left in as required, subject-matter, had he listened to the debate during to-day and 2956 CONGRESSIONAL RECORD-SENATE. APRIL 5,

the preceding days when this bill has been under consideration contrary, Congress has repeatedly within the last ten years in the Senate would suppose that the House of Representatives ame~ded . the law by enlarging, the number for detail so that had proposed a new and most startling departure in legislation, and every State that bas a State university or an educational insti­ the prQposition of the bill as it came from the other House was tution of prominence can have the benefit of military instruction to do that which was ill the nature of a usurpation of all rights, by an officer of the Army of the United States. I might give both of white men and of Indians. The argument of the Senator many other instances where civil duties are performed by offi­ from Illinois [Mr. PALMER] was one that was most alarming in cers of the Army of the United States, but passing time forbids. its character and calculated to excite grave apprehension. We We are told by the Senator from Illinois that if an army offi­ were about to tear the Constitution to tatters; we were aiming to cer were to be detailed to perform this duty he could not be re­ deprive the Indian wards of the Government of all their rights, quired to give a bond for the faithful performance of his duty. and were about to turn them over to those dreadful beings of the I think perhaps that is true. I do not know whether the army Army, whose only effort is supposed to be in the direction of officers thus detailed in the past have given bond for the per­ threatening and slaughter, to encompass their destruction. formance of their duty, but I take it they have not. I take it Mr. President, this is no new departure. In 1834 the Congress that no bonds will be exacted from them for the performance of of the United States passed a law that permitted the President of this duty. the United States in his discretion to detail an army officer to Mr. COCKRELL. They have a greater obligation resting take -charge of any Indian agency' and that law has been upon the upon them than that of any bond. statute book from that day to this and the right has been fre­ Mr. MANDERSON. They certainly have. I would sooner quently exercised. Under ·it very many army officers have been trust to their regard for their commission, to their care for their detailed to act in the capacity of Indian agents. · I have here a list good standing and their good name than to any bond that might of those who have been thus detailed during the past sixteen years, be written. I, for one, do not have any very great confidence in and I find that during that brief space of time thirty-five army bonds to make a man honest or faithful. I have often thought officers have been thus detailed and have taken charge of and con­ that the Government of the United States was not doing its duty ducted Indian agencies. to its own citizens when it exacted of a man appointed to an of­ The bill as it came from the other House simply proposed that fice that he should go among his personal friends and, as a mat­ as civilian Indian agents ceased to exist by reason of the expi­ ter of favor to be extended him from them, give a bond for the ration of their term of service or their removal they should be faithful performance of his official duty; and I hope we shall yet supplanted by army officers detailed by the President of the see the time when the Government of the United States will not United States. In the Committee of the Whole an amendment demand that to be done, but will rather require that the guaran­ was adopted by the Senate by which it was provi{.led that the tee companies, which are organized for the conduct of that busi­ President in his discretion might appoint civilians to any Indian ness, shall perhaps furnish these bonds which, I understand, can agency. This was simnly reversing the condition under the ex­ not be the case under the present law. But these officers of the isting statute. As the law now is he appoints civilians, but in his Army are under a stronger and better bond, as it seems to me, discretion he may appoint army officers. This proposition re­ than that which can be given by any civil appointee. In all the verses this course and as vacancies hereafter occur he shall ap­ years since 1834 no man has ever-heard, among army officers en­ point army officers, but in his discretion he may appoint civilians. gaged in the performance of an Indian agent's duties, one in­ So there is nothing very new or startling in this proposed legis­ stance of peculation, one instance of fraud. - lation that has 'met the approval of the House of Representa­ I have here, furnished by the War Department, a tabular state­ tives and has passed in Committee of the Whole of the Senate by ment of the officers of the United States Army detailed as Indian a majority vote. agents at the request of the Interior Department from 1876 to It is objected to this proposed change by the Senator from Illi- March 1, 1892-sixteen years. I had not seen this paper when I -nois that this bill properly construed provides that there should asked the Senator from South Dakota [Mr. PET'l'IGREW] as to be double pay to these army officers. I think a sufficient an­ Indian agents who were army officers who had done duty within swer to that is the proposition that the law has existed during his own State, but I sincerely wish that before he answered my all these years under which army officers have performed duty question so hurriedly and unsatisfactorily, that he might have as acting Indian agents without any compensation other than had the benefit of the information in this paper, for he certainly their pay as officers of the Army. That follows because of the would not have given me the response that he did had he been general law which I rea-d during the course of his remarks which aware of the real facts. provides that no extra pay or allowances other than that pro­ I find that in Dakota, at Standing Rock Agency, of which I vided in the statute shall be paid to any army · officer. If that inquired of him, John Bannister, a lieutenant of the Twentieth were not sufficient to prevent double pay here is another general Infantry, acted as Indian agent. Afterwards, in the same agency, provision of the statutes which it seems to me is applicable and Capt. R. E. Johnston acted as Indian agent. which certainly would prevent the result the Senator seems to Mr. DAWES. Doss the paper state how long he served? anticipate and so greatly dreads. Mr. MANDERSON. Yes, it gives each statement of service, SEc. 1765. No officer in any branch of the public service, or any other per­ and I will insert it in the RECORD so that it may appear in full. son whose salary, pay, or emoluments are fixed by law or regulations, shall Capt. Wm. E. Dougherty, captain in theFirstinfantry, the gen­ receive any additional pay, extra allowance, or compensation, in ·any form whatever, for the disbursement of public money, or for any other service or tlemen about whom I asked the Senator, but it seems I mispro­ duty whatever, unless the same is authorized by la.w, and the appropriation nounced the name; I should have called it Doherty, and there­ ·. therefor explicitly states that it is for such additional pay, extra allowance, fore I was told that Capt. Dogherty had never served as an Indian or compensation. agent-Capt. Dougherty is found to have been agent not at Stand­ In the presence of this ~tatute, and with the other general ing Rock but at Crow Creek and Lower Brule, in South Dakota. statute that I have referred to, how can it be claimed for a single Mr. PETTIGREW. . Will the Senator give the date? instant that if these army officers shall go upon this duty any Mr. MANDERSON. I will give the date. Capt. Dougherty contrary rule would obtain than that which has always obtained, served as Indian agent at the Crow Creek and Lower Brule which is that they shall receive the compensation of their office Agancy from March 12, 1878, to S3ptember 30, 1881, and when he and nothing more. went otf duty the Interior Department, this Dapartment whose But we are told that here is an effort to detail army officers to orders he is sure to disobey according to the Senator from South the performance of civil duties, and draadful results, it is claimed, Dakota, because, as I understand him, the natural action of an will flow from that proposition. They are in the constant per­ officer of the Army is to disobey his superior-this officer who is formance of duties that are civil in their character. There is no presumed from the Senator's argument to be~ a constant state prominent legation abroa-d that does not have either its naval or of disobedience of orders goes from the performanc~ of this duty 1ts military atta-che, and in some cas?s both a military and naval at Crow Creek, and the Secretary of the Interior in public letter attache. When those officers are se ~ected by the War Depart­ thanks Capt. Dougherty "for his valuable services rendered the ment they report to the Secretary of State, and they are under Dapartment under peculiar circumstances; also for his uniform the complete control and direction of the State Department, just courtesy and prompt obedience to orders from the Department." as these officers in the past and in t2e future will be under the Now, let us see how many more were detailed to duty in Da­ direction and control of the Interior Department. kota.- Theodora Schwan, now a major of the Army, then a cap­ Then we have that numerous detail of army officers and na­ tain of the Eleventh Infantry, was acting agent at Cheyenne val officers who report to the different State universities, who River Agency from the 22d of March, 1878, to the 23d of July, are under the direction of governors of States in some instances, 1880, and when he went to the performance of other duty strictly and in others under the orders of the boards of regents of the military in its character the Interior Department, not the War universities where they are upon duty. They r eceive no extra Department, says in public order or letter: compensation eith er from the State or from the General Govern­ I t is with extreme reluctance that a change at the agency has been accede4 to; thorough and able administration of agency af!airs is highly appre­ ment. They must be content with the pay of their military of­ ciated by the Interior Department, and the thanks of the Department are fice. I have not heard any very loud outcry from any source extended for the peculiarly difil.cult and arduous services which have been a~ainst this civilian duty performed by army officers. On the rendered. 1892. CONGRESSIONAL RECORD-SENATE. 2957'

:yet us se_e as to others in Dakota. Capt. James M. Bell was but to our bacon, for I must make a few more suggestion'S upon on duty at Pine Ridge Agency from May 22, 1886, to October 14, that odorous and odoriferous subject before I get through. f886. He was followed by Capt. Pierce in the same agency in Capt. J.M. Lee, of the Ninth Infantry, wa8 on duty at the Spot­ Dakota from January 6, 1891, to February 5, 1891; he by Capt. ted Tail Agency in Nebraska, and he accompanied the Indians '' C~arles G. Penney, of whom we have heard, and he by Capt. to their new agency on the ¥issouri River and the Secretary of · George LeRoy Brown, who is now on duty at that agency. the Interior requested the continuance of this army officer on At Rosebud, Capt. J. M. Lee performed duty as acting Indian duty with that agency• . agent from January 12, 1891, to April 23, 1891, and Capt. Cyrus Capt. A. R. Chaffee, of the ~ixth C.otvalry: was on duty at the A. Earnest performed similar duty from April23, 1891, to July San Carlos Agency in Arizona. 'l'he Indians at that agency were 20, 1891. Apaches, the most difficult in the world to control, the nearest At Cheyenne River also in South Dakota, Capt. Joseph H. approach to the pure savage, perhaps, that there is upon this l!urst, of the Twelfth Infantry, was on dutyfromJuly 12,1891, to continent. When he left and was succeeded by a civilian ageni October 4, 1891. he had been on duty there for nearly four years, and the Depart­ True it is that in the cases last mentioned, at the Rosebud and ment of the Interior says it "regrets to lose the 'valuable service~ at the Cheyep.ne River Agency, thes3 army officers were placed which have been exceptionally satisfactory to the Department." upon this duty as acting Indian agents because of emergency, Capt. Jno. L. Bullis, of the Twenty-fourth Infantry, was on because the Indian war was then on, and it was deemed best that duty at the same agency from April23, 1888, to October 20,1891, they should perform this duty; but in the.other instances the a number of years. The Interior Department said "this officer army officers were placed upon duty, not because an Indian war has been most efficient, both as officer and as agent. He had was on, but because it was thought best for the Indians, bast for done his duty most faithfully." the Government, best for a proper administration of public af­ Capt. Lee afterwards was placed on duty from 1885 to 1887 at fairs, that these gentlemen should aetas agents for Indians. So the Cheyenne and Arapahoe Agency in the Indian Territory, and that instead of one army officer only being thus detailed in South March 8, 1886; the Department expressed itself as "highly Dakota, we find that eleven have bezn in sixteen years. pleased with the manner in which Lieut. Lee had conducted all In this list of thirty-five officers who have been thus detailed the business of the agency, with the progress made by the In­ there are others who have received the commendation and praise dians, and with the peaceable condition of affairs since he as­ of the Interior Department. I will refer now to an officer whose sumed charge." naJ;Ue I will have to use again when we return not to our mutton The tabular statement is as follows:

Statement of officers of the United States .Army detailed for duty a8 Indian agents (presumably at tke request of the Interior IJepartment) from July 27, 1876, to March 1, 1892. ... Period employed. Name or otllcer, ra.n.k, and regiment. Agency. Tribe or Indians. From- To- .-. Oscar Elting, first lieutenant, Third Cavalry ______Red Cloud, Nebr ______Sioux------Juiy Z7, 1876 Sept. 26, 1876 Thomas F. Tobey, captain, Fourteenth Infantry_------______do_------______do------Sept. 26,1876 Jan. 11, 187'7 C. A. Johnson, first lleutenant, Fourteenth Infantry_------______do------______do------Jan. 11, 1877 July 1,1877 Do .. ______------·-- ______do ______------__ ---- ______do------_...__----____ Sept. 15,1877 Oct. 26, 1877 John Bannist-er, first lieutenant, Twentieth In1antry ------Standing Rock, Dak ------______do------Aug. 30,1876 Sept. H>, 1876 R. E. Johnston, captain, First In1antry ~ __ ------_____ .do ______------______do------Sept.16, 1876 Dec. 9,1876 Morris C. Foot, first lieutenant, Ninth Infantry ____ ---- ____ ------Spotted Tail, Nebr __ ------______do_------Aug. 30,1876 Oct. Z7, 1876 A. C. Paul, first lieutenant, Third Cavalry------______do_---- ______------______do------Oct. ?:7, 1876 Nov. 30,1876 Horace Neide, first lieutenant, Fourth ln1antry ------______do------______do------Nov. 30,1876 Mar. 3,1877 J. M. Lee. first lieutenant, Ninth Infantry a __ --·------______do ______------______do------Mar. 3,1877 July 1,1878 Richard C. Parker, ca:Ptain, Twellth Infantry------Hoopa Valley, CaL ______Hoopas ------Mar. 9,1877 Oct. 22, 1878 July 31, 1880 ~~~;;~~~pt~~o:fui:~~~~r:~t~:_:::: :::::::::::::::::::: ::::::~~ :::::-:::::::::::::::::::::::::::: :::::~~~ ::::::::::::::::::: ~~Y [i; ~~ Mar. 1,1881 Gordon Win~:~low , first lieutenant, Eighth Infantry ______------______do_------.•.... do------Mar. 1,1881 Aug. 1,1882 Aug. 6,188.5 July 1,1886 Sept. 17,1890 {;~~~t~~f~~~~;~it~~~~~~~~~~~~~~::~::~~=~ :~~iJL~~i=~~ii=i;~~~:~~-= =~d~~~~~~:~::;:~~:::::: ti,Hi Sept. 30, 1881 Theodore Schwan, captain, Eleventh In1antry c______Cheyenne River, Dak _------______do ______------Mar. 22,1878 July 23, 1880 A. R. Chatree, captain. Sixth Cavalry d ______------San Carlos, Ariz ____ ------Apache ------July-, 1879 1880 T. E. Pierce, captain, First In1antry ______------______do_------____ ------______do _____ ------Aug.15, 1885 Mar. 31, 1888 Thaddeus W. Jones, first lieutenant, Tenth Cavalry------______do------______do------Apr. 5,1885 Apr. 23, 1888 John w. Bullis, captain, Twenty-fourth In1antry e ______do_---- ____ ------______do----- ____ ------Apr. 23, 1881 Oct. 20, 1891 Lewis Johnson, captain, Twenty-fourth Infantry------·----- ______do------____ ------____ ------______do ______------Oct. 20, 1891 (f) F. T. Burnett, captain, Ninth Cavalry ______------Navajo, Ariz ______------__ Navajo ______---- June 12, 1880 July 14,1881 Elias Cbandlerlisecond lieutentant, Sixteent·h Infantry ____ ------Tonkawas, Tex______Tonkawa ------Jan. 2,1882 June 29, 1885 J. M. Lee, first eutenant, Ninth Infantry g ____ - ---~ ------Cheyenne and Arapahoe, Ind. T ______Cheyenne and Arapahoe July 27,1885 Sept. 16, 1887 J ; tes M. BGll, captain, Seventh Cavalry ______------Pine Ridge, Dak ______Sioux ____ ---- ____ -·-- ____ May 22,1886 Oct. 14, 1885 Feb. 5,1891 Oct. 30, 1891 Carroll~~~~l~l~i~~aa~a~~:i~i[i;:~~i::~~::~~::~~::~~ H. Potter, captain, Eighteenth Infantry_------======~gOsage, Ind.======:::::======T ______------__ ======g~Osage ______======~~~:May 16,J: 1887~:~ Aug<:'~, 1888 J. M. Lee, first lieutenant, Ninth In1antry ______Rosebud, S. Dak______Sioux ______------____ Jan. 12, 1891 Apr. 23, 1891 Cyrus A. Earnest, captain, First Infantry ______.. do ______do ______------Apr. 23, 18!.11 July 20,1891 Joseph li. Hurst, captain, Twelfth Infantry------·--- Cheyenne River, S. Dak ------______do------Jan. 12,1891 Oct. 2-l, 1891 E. P. Ewers, captain, Fifth Infantry------Tongue River, Mont------Northern Cheyenne _____ Jan. 12,1891 Nov. 28,1891

Remarks by Inte1·ior IJepartment when relieved (if any). a Lieut. Lee accompanied the Indians to their new agency on the Missouri River, and the Secretary of the Interior requested the continuance of Lieut. Lee on duty with the agency. b Secretary or the Interior thanks Capt. Dougherty for his valuable services, rendered the Department under peculiar circumstances; also for his uniform courtesy and prompt obedience to orders from the Department. c "It is with extreme reluctance that a change at the agency has been acceded to; the thorough and able administration of agenoy affairs is highly appreciated by the Interior Department and the thanks of the Department are extended for the peculiarly ditllcult and arduous services which have been rendered." d The Department regrets to lose the valuable services which have been exceptionally satisfactory to Department. e This o:tll.cer has been most e:tll.cient both as an otllcer and as an agent. He has done his duty most faithfully. f Still on duty. g March8, 1886, the Department expressed itself as highly pleased with the manner in which Lieut. Lee has conducted all the business of the agency; )Vith the progress made by the Indians and with the peaceable condition or atrairs since he assumed charge. h Department is of the opinion that Capt. Penney should be relieved, as he is dissatisfied with his place. Mr. PALMER. IshouldliketoasktheSenatorfromNebraska ­ when civilian Indian agents have resigned their places or when a ql,lestion. they have gone out by expiration of service that they ]!a.ve re· Mr. MAND;ERSON. Certainly. ceived the thanks of the Interior Department. _.. Mr. PALMER. I understand there are abou_t thirty-five of­ Mr. PALMER. Then it is mutual. ficers who b.~"ie be~n on duty at Indian agencies. Mr. MANDERSON. I do not want to be understood as saying }'4r. ¥ANDERSON. In the last sixteen years. that no men make good Indian agents except army officers. I Mr. PALMER. The Senator has been reading to show that have never made a charge against civilian agents in general. I the In~rior Department thanked these military officers for their bring forward these evidences of faithful service by army offi­ services. Bas tbe InteriorDepartmenteverthanked a civilian? cers because of the attack made upon them on this floor. I have Mr. MANDEBS<;)N. I think so. I hi:we heard frequently made no attack upon civilian agents as a class. I have said that \I

2958 - CONGRESSIONAL RECORD-SENATE. APRIL 5,

there have been many suspicious circumstances connected with have had to deal in articles of food and of clothing similar to the administration of affairs by some civilian agents. I have those that are issued by the Government of the United States called attention to those instances, some of them within my own to these thousands of Indians. He might be in such a condition of knowledge, some of tll:~m notor~ous, where by strict econom·y ignorance, being a b.1.chelor or having thrown the domestic ar­ on salaries of from $1,500 to $2,000 a year civilian Indian agents rangements .of his household upon his wife, if married, that he have amassed fortunes. These are exceptional cases, however. would not know good sweet bacon when he sa.w it, or recognize I know a great many very valq.able and very efficient Indian it when he smelled it. Perhaps he would think that the smell de­ ~ents who are civilians, but I think that a bettering of the con­ scribed in this correspondence, that my friend from South Da­ !... dition of the Indians would result from placing them under army kota ha rehashed this morning-he might think that that smell officers. which was describad by Capt. Brown, who should have ex­ Why, let us look at it for a moment. Suppos~ there shall claimed- come in a short time a change of administration. Heaven for­ The offense is rank, it smells to heaven- bid that that change should mean that the party of which my was the proper condition and smell of bacon furnished under an friend from Illinois is now such a distinguished member should Indian con tract. find it necessary to try again to "clean the rascals out" and Mr. TELLER. The Senator will allow me to state to him place Democrats in place a.s Indian agents. What would be the that the Commissioner of Indian Affail·s, in the first instance, course pursued? Let us suppose· that we are to have a Demo­ and the special board of philanthropists appointed by the Presi­ cratic administration in the next year, which would be one of dent are first to pass upon the question of the fitness of the food, ill grace if that should ba too result. as well as the clothiri.g, bafore it gets to the agent, and he has Mr. PLATT. It is not a supposable case. nothing to do with it. Mr. MANDERSON. It is almost unsupposable, but in sup­ Mr. MANDERSON. I can imagine that bacon or any other positions we can go to extremes. Now, in Auch case, what will article of food that is perishable might be very excellent when be the result under the present law? Different membe1·s of Con­ it is started on the course of red tape that it has to follow before gress will approach the President. They will have their par­ it reaches the Indians, and that it might spoil in passage. I ticular political friends to reward, and I think it is legitimate called attention the other day to the fact that here was an army and proper that they should recognize men of their own party, officer who had the merit of standing up against his superior for I have nothing of th~ mugwump in my composition, and be­ and saying, "I appeal to you to do that which is right to these lieve in partisanship and believe in proper and decent recog­ Indians," and being refused appealed to him again and yet again, nition for partisanship service. These gentlemen of the two and when at last h,.e is still refused, appealing to the next supe­ Houses of Congress will go to the President and present the rior, the Secretary of the Interior. I can imagine that an In­ names of friends throughout the country whom they want to be ap­ dian agent fit for the position, whether a civilian or an army pointed as Indian agents. The Senator from Massachusetts said officer, would say when this bacon that was good when it started the other day that we had forgotten that these officers at Indian and bad when it reached its destination, came to him for dis­ agencies are under civil-service rules. That is true as to some tribution, "I will not issue it to these Indians; it is unfit for of them, but it is not tru-e as to Indian agents. It is true as to use." teachers and a.s to- Mr. TELLER. If the Senator will allow me to interrupt him, Mr. DAWES. I hope the Senator will quote me, if he quotes I should like to inquire if the logic of his argument would not me, correctly. support the proposition quite as well that the Commissioner of Mr. MANDERSON. Will the Senator quote himself? I do Indian Affairs should be appointed from the Army as well as not want to misquote him. the Indian agent? Mr. DAWES. The Senator will quote me, if he quotes me Mr. MANDERSON. I do not think the Commissioner is the correctly, as saying that they are under civil service just so far man who inspects these articles that are issued as a rule. as the law will permit it. · Mr. TELLER. I think in actual practice f1r several years Mr. MANDERSON. That might have been the statement, the Commissioner himself has always attended the letting of the but I suggel3t that the inference in the mind -of anyone who contracts in New York. That at least was the practice while I would heal' that statement, the argument being on the subject had some connection with the Department. matter of Indian agents and not Indian agency clerks, and not Mr. MANDERSON. He attends the letting of the contracts Indian age:p.cy teachers, was that the Senator meant to convey of course. the idea that Indian agents are under civil service rules. Mr. TELLER. But he passes upon the samples with the aid Mr. DAWES. That ought not to have been the inference of of this philanthropic board. the Senator from Nebraska, because every body would infer that Mr. MANDERSON. Yes; but frequently the articlesupplied the Senator from Nebraska knew just how far the law applies. is not equal to the sample. We saw that result in this corre­ Mr. MANDERSON. No, I did not draw any such inference, spondence that was had with the officers at Pine Ridge the 'Other for I knew the facts. day, and the character of that inspection showed the variance. Mr. DAW~S. Then the Senator should not undertake to rep­ I ·recognize the fact that no man has ever attempted to make resent that I did. any change in the present deplorable Indian condition that he Mr. MANDERSO~. I rep~at that I do not want to misquote has not been made the subject of attack. . the Senator. t thirik he cer~ainly gave the impression to those In tlie suggestions that I made in rather crude fashion the bf the Senate who were not familiar with the subject-matter that other day it certainly was far from my intention to reflect upon Indian agents are under civil-service rules. If· t:J:l.at was not the the present Commisswner of Indian Affairs. I am not charging purpose I do not see any qbject ~n making the statement tP.a.t him with wrong because the bacon that is in dispute may have was made. But these Indian agents would be selected without been bad. Ee did not cure it or furnish it. The contract that civil-service examination, and I do not know that you would get he let was all right. It required proper food. Neither do I care better men by appointing them under it. They would be se­ for the purposes of this argument whether the bacon was good lected from all over the country. They would be of different oc­ or bad. I was not making an attack upon the contractor. I was cupations. simply attempting to show that here was an army officer on duty The most active, the most persistent, and the most insistent as an Indian agent daring to do that which I doubted very politicians in every community are usually the lawyers, and some much if any civilian agent would dare do; because1.n the latter lawyer with a pra.ctice so sinall that he could readily leave it, instance the penalty for his combatting his superior officer would having a clientage that would not suffer by reason of his absence, be dismissal from the service in which he was employed. would be detailed, we will say, to go and take charge of the six But that penalty could not attach to an army officer. He could or seven thousand Indi~l!S at Pine Ridge Agency. The chances be relieved from the duty, and would be of course, upon the mere would be that having lf.v~d in a civilized community, perhaps request o! the Secretary of the Interior made to the War Depart­ in illinois or in Massachusetts-! do not know that they select ment, and some other officer would be detailed; but his disobey­ any Indian agents from New England; perhaps it is desirable ing the orders, as my friend sees fit to put it, his standing up for that they should not-but havil;J.g lived in some civilized com­ the rights of the people who are intrusted to him, as I see fit to fuunity the chances would be that he had never seen -an Indian put it, would not cost him his commission. ·He would simply go except-in connection with some wild west show uiider' the con­ to the performance of other duty. duct of Buffalo Bill. Mr. President, I. did not propose to make any further reference Mr. PLATT. Is it not the fact that they take them from the to this matter of Indian supplies, but as it has been called forth by locality? · the Senator from South Dakota, and a13 I see that some of the 1\fr. MANDERSON. ~Q, they do I;J.Ot take them from ~e lo­ papers, particularly those of Chicago, in their desh'e to come to calities in vl3ry many instances, especially in the Territories. the relief of the contractor, whowasnotattacked by me, or with He would go out to Pine Ridge ..t\.gency, having never seen an desire to come to the defense of the Indian Office, which office Indian in his life, in hiB natural state, with his blanket about was not attacked by me, have very gross1y nll.srepresented the him. He perhaps would never have had to. puichase;· never facts stated. I see by one paper that I said that the reason for

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1892. CONGRESS~ONAL RECORD-SENATE. 2959 the Sioux outbreak of 1890-'91 was because 120,000 pounds of bad he could not have received the provisions, the condition of which ·bacon had been furnished by Armour & Co., of Chicago, in the the Senator says was the cause of the outbreak. fall of 1891. Pf course that is very absurd. This contract with Mr. MANDERSON. I said I did not know who the agent was, Armour & Co. was made last year, after the Indian war; the dis­ but that I understood that Royer was on 'duty at Pine Ridge im­ covery of its condition was made only in the early part of the mediately before the Sioux war. The occurrences I now refer to present winter; and the dispute as to its condition still continues. were at Rosebud. But these newspaper articles which have thus perverted and Mr. PETTIGREW. The Senator spoke of Royer and he did misrepresented the arg-ument as made have produced one very not know anything- about it. He had no business to refer to him. excellent result. They brought me a letter that I propose to Mr. MANDERSON. AI3 to what my proper business may be, read in part. I do not think that I will be considered g-uilty of I am a better judge than the Senator from South Dakota. I said any breach of confidence if I read a letter received by me yesterday, I did not know who these agents were; that I understood that dated April2, 1892, written since the debate over this matter, Capt. Lee of the Army relieved an agent nall}ed Royer or Boyer from a very prominent and deservedly disting-uished military at Pine Ridge. I do not know who preceded him or who was officer. He says in his letter, speaking- of the damaging facts re3ponsible for matters there. · that had been brought out in debate: I have here a letter which is official and which is addressed to If the War Department should send out to the military posts bacon unfit the assistant adjutant-general of the Division of the Missouri, for food or compel its- soldiers to live upon half rations, and beef that was un­ through the headquarters of the Departmentof the Platte, from fit to sustain human life, there would. be a serious munity; and that is ex­ actly the condition of the Indians ot' the Sioux Reservation at Rosebud and Capt. Lee of the Ninth Infantry. I read a few moments ago the Pine Ridge last winter. added to other circumstances. that developed into · compliment paid to Capt. Lee. Let me refer to it again so as to a.dangerous revolt. For years they had had crop failures, and they could see as to the reliability of the officer who makes these charges. not, like the unfortunate citizens of Nebraska and Dakota, get up and move away or find other employment, and the money that was expended in pur­ He was on duty twice as an Indian agent, first at the Spotted chasing food was so grossly mismanaged as to aggravate their wret.clu>:d c.on­ Tail Agency in Nebraska, and the Indian Department requested dition. that he be continued on--duty at that agency. Then afterwards You will see by the inclosed papers- for several years he was in charge of the Cheyennes and Arapa­ And I propose to call attention to the papers that we1:e in­ hoes, and the Interior Department expressed itself "highly closed- pleased \vith the manner in which Lieut. Lee has comluctedall the the character and quality of the beef that the Government purchased and business of the agency, with the progress ,made by the Indians, compelled the Indians to live upon. You will also see by the inclosed papers the utterly worthless amount of bacon, and the quality of such bacon when and with the peaceable condition of affairs since he assfuned received and inspected by a board of survey. charge." It is this gentleman, an army officer of high standing The writer is referring to food that was furnished to these In­ and an Indian agent, who has received the compliment of his dians before the Indian ou'tbreak in the winter of 1890-'91. In superiors, who says: argument a few days since I did say this, that I had it from very In this connection! invite attention to the accompanying extract copy of pro. ceedings of a board of survey on a lot of bacon furnished at Rosebud Agency excellent authority, and the charge had been made upon the in Ma.rch and April, 1890, which shows conclusively that the bacon supplied floor of the Senate by the Senator from Inuse facilities were not available f

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CONGRESSIONAL RECORD-SENATE. APRIL 5, .' 2960

now state: 'Well, this bacon is here and paid for. · It is not right. It was to there is not the slightest doubt, and I can so testify. Even at this rate, 60 be short clear sides. I will write them and round them up. The bacon is pounds, 1,940 of actual beef, would register2,000 pounds, or a fl•;.mdulent gain not what.we bought.'" - . of over 3 per cent, and amounting to thousands of dollars each year. Two members of the board, Capt. Lee and De Bell (Dr. Morris beillg absent I deem it but justice to Agent Wright to s::~.y that from every fact and cir­ on professional duty), went to agent's otll.ce and asked to see copy of contract cumstance within my knowledge, and from a close observation of his con­ !or this bacon. They learned thatnocopyof contract had been furnished the duct and demeanor throughout my investigation, it is my opinion that he is agent. The agent therefore was unadvised as to just what kind of bacon innocent o! any knowledge or participation in this crime, and I have so was to be supplied under the contract, and as it had been inspected and ac­ stated to him. · cepted he had to receive it. If the parties guilty of supplying beef on falseweight'3 at Rosebud also sup­ In the opinion of the board, no responsibility for the inferior quality of plied other agencies, it is more than probable that the fraud was not confined the bacon, nor for its damaged condition, can attach fA? tJ;telndiaJ?. agent. In to Rosebud alone. Whether Indian bureauo:tncialswill succeed in detecting the absence of the contract, the board remarks that ill 1ts opinion no such and punishing the guilty parties remains to be seen. bacon should have been accepted for issue to Indians at this agency. This letter went to headquarters through theregularchannel. Mr: P.ALl\iER. May I ask the Senator from Nebraska to Gen. Brooke, a distinguished army officer in command of the please read t;b.e sentence again in regard to the responsibility of Department of the Platte, makes this comment upon it: the agent? I did not quite catch it. Respectfully forwarded to the Assistant Adjutant-General, Division of the Mr. MANDERSON. It is as follows: Missouri, Chicago, lll., inviting especial attention to the suggestions of Capt. In the opinion of the board, no responsibility for the inferior quality of Lee, that this report and the proceedin~s of the board ot survey be reserved the bacon, nor for its damaged condition, can attach t~ tJ;te India~ agent. In from the public until time is given for mvestigations at other Indian agen.­ the absence of the contract, the board remal!ks that ill Its opimon no such cies. bacon should have been accepted for issue to Indians at this agency. The document referred to is as follows: Then afterwards they find the contra-ct and Captain Lee makes CHICAGO, ILL., .A.pril26, 1891. a note. Sm: I have the honor to state that I avail myself of the earliest onpor­ NOTE.-About last of March I procured copy of the contract from Indian tunityto begin a full written report ot a remarkable discovery made during Otll.ce (Ryan's contract). the last days of my duty at Rosebud. This contract should h Ye been in.the agent's office, but it was On the 17th instant I witnessed the weighing and issuing of 199 head of cattle, the scales showing the average or this "issue to be 9-!3 pounds. These not there. cattle had been received last October "-at an average weight then of 1,140 It reads: "Nine hundred thousand pounds bacon, to be what is known to pounds. As they had about reached the maximum ot shrinkage, and as the the trade as sho"tt clear sides, summer and winter cured, rOlilld and sweet weight of some of the drafts, considering their condition, attracted my atten­ and merchantable, and put up in crates at, per 100 pounds, $6.34-$61,360.06." tion, and that ot the agent, too, I decided to make a thorough and complete list of the scale weights. Here is additional evidence of the present system of affairs, . For convenience in weighing, each of the eight 2,000-pound weights had which we desire to improve if we can. I will admit that this is been plainly numbered in white paint ficrureson the edge, thus: "2" for2,000; somewhat experimental; we may not get all the good out of this "4" tor 4,000; "6" tor 6,000; ''8" for 8,000; "10" for 10,000; "12" for 12,000; "14" for 14,000; '' 16" for 16,000. The weights had been so numbered about change that we d€\sire; but certainly a change from this condition seven or eight years ago, when the scales were put up, as I understand. In is desirable for the good of the Indians and for the good name and weighing cattle not more than five ot the 2,000-pound weights could be used, credit of the country. Here is abundant testimony that under viz, " 2," "4," "6," "8," and " 10." These, with the 1,000-pound weight, and the 1,000 pounds on the scale arm, would weigh all the cattle that could be the existing system not only since the Indian war of 1890-'91, but gotten on the scales at one time; hence the three weights, "12," "14," and before it there was ample reason for the complaint that has been •·16" would never be used. made by Gen. Miles. · . * • • • "' • • Now, let us see as to the other charge that he has made. Here Upon completion of the issue I asked the agent, Mr. J. G. Wright, whether it was convenient to make a test ot the scales. He replied in the amrmative, is another official- communication. I have here a letter ad­ and assisted me. I put on the scales two horses and two men. Using the d~essed to the Adjutant-General of the Army from the same Capt­ weights separately the registered weights were as follows: Lee the same letter of which I read a part. He goes on to nar­ rate' an experience that he had with reference to the issuing oi :: r:·=·==·=·=-===·==== =-=-==·=-=-==-==-== 1 cattle at the Rosebud Agency. He says: ~~==== · ~: ~ ::~~·;·======------======~: ~ · . I then put on in succession each of the other three weights, "12," "14," and On the 17th instant I witnessed the weighing and issuing of 199 head of "16," and the rep.stered weight was 2,170 pounds, in each case. beet cattle, the scales showing the average of this issue to be 943 pounds. On close scrutmy in comparing the weights it was found that the last three 'l'hese cattle had been received last October- weights, which appeared to be the true weights, were slightly thicker than That was before the Indian war in October, 1890- the first five weights, which! then suspected were false or substituted weights. ' Agent Wright stated to me there that the first five were the ones used, and at an average weight then of about 1,140 pounds. As they had about that the last three were not used in weighing cattle. After the horses and reached the maximum of shrinkage, and as the weight ot some of the drafts, men were taken oti they were put back and comparison made again between considering their condition, attracted my attention, and that of t.he agent, the light and heavy weights with the same result. We then proceeded to too, I decided to make a thorough and complete list of the scale weights. agency to weigh the same horses and men on the hay scales there for a fur­ He then goes on to tell in detail of his inspection of the scale ther comparative test. The hay scales were not in very good condition, and from the mud and rainy weather seemed to bind. weights, and he found that all the cattle that were weighed for This was in part remedied, and the same horses and men weighed only issue were weighed upon what is known as the 2,000, the 4,000, 2,

'· 1.892. CONGRES-SIONAL RECORD-SEN-ATE. 2961:

If the parties guilty of supplying beef on false weights at Rosebud also [First indorsement.] supplied other agencies it is more than probable that the fraud was not con­ HE.ADQUARTERS DEPARTMENT OF THE PLATTE, fined to Rosebud alone. Whether Indian Bureau otllcials will succeed in de­ · Omaha, Nebr., .May 5, 1891. tecting and punishing the ~ty parties remains to be seen. . "In this connection I inVIte attention to accompanying extract copy of pro­ Respectfully forwarded to the assistant adjutant-general, Division uf the ceedings of a board of survey onalotof bacon furnished at Rosebud Agency Missouri, Chicago, Dl., inviting especial attention to the suggestion of Capt. 1n March and April, 1890, which shows conclusively that the bacon supplied Lee, that this report and the proceedings of the board of survey be reserved was not ofthe kind or quality contracted for, and also that no copy of contract from the public until time isg1ven for investigations at other Indian agencies. was furnished the agent, the result being that he could not know just what JOHN R. BROOKE, kind of bacon would be supplied." Brigadier-Gene1·al, Com11W.ndin(!. The foregoing is, I believe, of importance to the Government and to the Indians. The Indian Bureau has been fully advised in regard to the bad Mr. MANDERSON. I have here another official communica­ bacon, and Agent Wright informed me that the report from him in regard to tion, sent through the regular channels from the Pine Ridge the false weights at beef scales would probably reach the Indian Otllce by the 29th instant. I believe it would be better to reserve this matter from the Agency, showing the loss of beef to the Indians at that agency public for the present, at least, in ordertb,atthe ~ossibledetectionof similar before the Indian war. I will not take the time to read it, but frauds at a.ny other Indian agencies may be facil1tated. will insert it in- the RECORD, with permission. The officer in Very respectfully, your obedient servant, J. M. LEE, charge, Capt. Pierce, of the First Infantry, calls attention to the Captain, Ninth Injantr'IJ. dreadful shrinkage of beef under the present system of purchase, shrinking so that there was an average loss of 352 pounds to each [Extract copy.] head of beef during the time. - Mr. CULLOM. During what time? Proceedings of board of survey, convened at Rosebud Agency, S. Dak., pur­ suant to letter from Department of the Interior, Otllce of Indian A1Iairs, Mr. MANDERSON. From the time of the delivery, which Washington, March 5, 1891. was in October, to about the date of the issue, which was about ROSEBUD AGENCY, S. D.AK., March 13, 1891. the middle of the winter, about the 1st of February. . . . Upon the request of united States Indian Agent J. Gebrge Wright, the board was constituted as follows: Right here I desire to say that there can be no question but Capt. J. M. Lee, Ninth Infantry. that the present method of issuing beef to the Indians is one that A. Judson· Morris, M. D., agency physician. is almost outrageous. These b eeves are brought in from t.he. Egbert J. De Bell. M. D., trader. • • * * • .. • plains country. The provision, I think, as to Texas cattle when "The board finds that a large quantity of this bacon, 200,000 pounds, was they are furmshed is that they shall be kept upon the Northern - received in March and April, 1890. Thomas 0. Ryan, of Chicago, contractor. plains for a year before they are delivered. But there is turned The crates show the marks. in in the fall enough beef to last until the next beef supply until "C. W. YOUNG, Inspector, Nebraska City, Nebr." the next fall. Thousands of head of cattle are delivered. They ASSISTANT ADJUTANT-GENERAL, are up to the weight required by the Indian Office at the time. IJivision of the-M'Msouri, Chicago, Ill. they are delivered. They perhaps will average 1,100 or 1,200 (Through Headquarters Department of the Platte, Omaha, Nebr.) pounds per head; yet in that country, where the mercury fans· It appears that T. C. Powers was transportation contractor, and J. H Charles, of Sioux City, acted as his agent. to 300 and 400 below zero, that country that showed 320 belQw The bacon had been sorted out in three lots. zero when this inspector inspected the frozen bacon, of course • .. • • 0 .. • there is an enormous falling off of weight during the winter, The board finds that the first lot of bacon, about 128,000 pounds, while not running, perhaps, from 300 to 400 pounds to each beef. Cer­ of :firstrelaf>s quality, is issuable. Second. That the second lot of bacon, of about 27,000 pounds, is not issu­ tainly a better condition would be either to supply these beef cattle able in its entirety, because of its moldy and rancid condition, and because monthly, or else furnish to these Indians dressed beef rather of skippt"rs which numerously abound on the outside. By trimming oJ:I than beef upon the hoof. about one-third of the outside, the remainder can be issued. · ·- Third. The third lot, consisting of 245 sides, and weighing actually 21,650 Mr. PERKINS. Will the Senator permit a question? pounds, the board regards as to~ally unfit for issue. Mr. MANDERSON. Certainly. _ This bacon is covered and permeated by "skippers, "is discolored through­ Mr. PERKINS. Does the Senator understand that it is the out, rancid and unfit to be eaten by any human being, and in the opinion of fault of the agent? · the board none of this lot should be issued. Mr. MANDERSON. No. • • • • • • • Mr. PERKINS. Or that the agent is responsible? In the opinion of the board, the unsatisfactory condition of this bacon is due to the following causes: · Mr. MANDERSON. No; I do not say it is the fault of the First. The immense size of the sides of the bacon, containing as many, if agent. .:-- · not atl of them do, the shoulder blades (bones), and in many cases a part of Mr. PERKINS. Then I should like to ask how detailing an the back bone, shows conclusively that such bacon could not be properly cured to prevent developing myriads of skippers, and otherwise deterioriat­ army officer to perform this agent's duty would change the law ing in such a large quantity furnished for probably a year's supply. In the in that respect or change the climatic condition? op1nion of the board bacon of this kind is not merchantable. Mr. MANDERSON. I do not say that it does. I try with a Second. Adequate warehouse facilities were not available for all the bacon. Agent states that he had repeatedly represented the defect, but without suc­ moderate degree of fairness to keep myself to my text, but I beg cessful results. But the bad condition of the bacon is not due to this cause the privilege of departing from it to the ext3nt of criticising even alone, the principal causes being as already stated, large s~es of sides, and the law. I may depart from it to criticise Congress itself and I insutllcient curing. Third. The board observes that the portion regarded as issuable consists may criticise the Interior Department, even when talking upon of the smaller sides. the subject as to who will make the most desirable Indian agent. The second lot, which may be issued by trimming off refuse of about one- I am simply trying to give the result of observations that I have third, consists of larger sides. · The third lot, totally unfit for issue, consists of the largest sides. These made. I have seen at several Indian agencies the issue of beef facts show that the quality of this bacon depends upon the size of the sides. under the present system. It is barbarous and revolting. Here The board found the largest sides to weigh 117 pounds, and the sma11est79 are these poor animals, hundreds of them in a large pen, and the pounds. - The bacon received on this year's contract (fiscal year 1890-'91) consists of Indians are gathered outside for the purpGse of receiving the "short clear sides" averaging about 33 pounds each. This is well cured mer­ issue of beef. One animal is let out u.t a time through a gate. chantable bacon and quite in contrast with the lots acted on by the board. Mr. PALMER. Will the Senator from Nebraska allow me to Last October (1890) Mr. J. H. Charles, of Sioux City, Iowa, was he1·e and was shown the bacon supplied on the contract of 1889-'90 by the issue clerks, ask him a question? H. H. Dunbar and Charles Bernard. Mr. Charles said to them as they now Mr. MANDERSON. Certainly. state: "Well, this bacon is here and paid for. It is not right. It was to be Mr. PALMER. Does he expect or promise the Senate that short clear bacon. I will write them and round them up. That bacon is not what we bought." all the evils which he describes would be cured by the adoption Two members of the board, Capt. Lee and DeBell (Dr. Corris being absent of this proviso? _ on professional duty) went to agent's otllce and asked to see copy of contract Mr. MANDERSON. I have just said that I did not expect it. for this bacon. They learned th~t no copy of contract had been furnished the agent. The agent therefore was unadvised as to just what kind of bacon Mr. PALMER. I really do not understand why the Senator was to be supplied under the contract, and as it had been inspected and ac- should mention it as an argument in support of the proviso. - cepted he had to receive it. · Mr. MANDERSON. As long as we are stirring up this In­ "In the opinion of the board, no responsibility for the inferior quality of the bacon, nor for its damaged condition, ca.n attach to the Indiant agent. In dian question and dealing with the Indian bill I think it well the absence of the contract, the board remarks that in its opinion no such that we should extend the criticism along the whole line and bacon should have been accepted for issue to Indians at this agency." criticise ourselves or even criticise the Indian Department. $ • $ • * • * I was describing the barbarous method of issue that I do not J. M. LEE, think is understood by the members of this body. They have Captain, Ninth Infantry, Member. A. JUDSON MORRIS, M. D., not seen it. I say it is revolting, barbarous, and a block in the Agency Physician. Member. way of the civilization of the Indians, that these poor animals EGBERT J. DE DELL, M. D., confined in this way should bs let out one by one so that a band Member. of Indians ranging from twenty to thirty shall pursue them, "NOTE.-About last March I procured copy of the contract from Indian Otllce (Ryan's contract). It reads: "Nine hundred thousand pounds bacon, chase them over the plains sometimes for miles, firing their guns to be what is known to the trade as short clear sides, summer and winter to increase their speed, probably for the purpose of getting them cured, round and sweet and merchantable, and put up in crates at, per 100 pounds, $6.34-$61,560.06." _ nearer where they desire to kill and consume them. J. M. LEE, I saw an issue of several hundred head when I was there last Captain, Ninth Infantry. fall. I saw them chased all over the plains by banda of Indians, XXIII--186

' ' '

2962 CONGRESSIONAL RECORD-· SENATE. APRIL 5,

tortured and distressed, the young Indians excited in the chase, pouuds, which is 118 pounds less than 22 are entitled to for fourteen days. To­ day, February 17, 230 steers have been weighed, and their average is 785 and at last when the poor animal was shot down and the last shot pounds, or 139 pounds less than 22 should receive for fourteen days. Had given that put it' out of its misery, I saw the squaws come with the issue continued as originally begun, that is one steer weighing 1,137 their butcher knives and go through the process of skinning and pounds for 30 Indians for fourteen days, the issue would have been 352 pounds less than 30 are entitled to for fourteen days. - dividing the beef. It was all revolting and cruel and should be It is not probable that the cattle still left on the range that were pur­ stQpped. I do not say that putting an army officer on duty as chased in October and December will shrink much more. I ndian agent is going to stop it. I have shown the method pur­ Besides the 230 weighed to-day, the chief herder says that he has gathered 450, and that he is certain he can find 150 more, or 600 in all. These 830 cattle sued, and I depart from the text for the purpose of making my will last six weeks, or until April 2, when it will be necessary to have more condemnation here of that method. beef. On the 12th of January, by direction of the honorable the Commis­ It is due the Commissioner of Indian Affairs that I should say sioner of Indian .A1rairs, an estimate was made for 846,855 pounds of beef to supply deficiency until June 30, 1891, with the recommendation that this that his attention bas been called by me to this matter and that amount be increased 50 per cent, as it was not then known how many steers at some agencies he has stopped the bloody work and there is a had gone astray or been killed by Indians during the ghost dance. Other different method of issuing the beef. I think it could be still articles were estimated for-flour, sugar, and cotree-at the same time. By letter from the honorable. the Commissioner of Indian Atrairs dated more improved and would be better for the Indians in every way February 6, information was received here that the flour and sugar had been and more civilizing that they should get their beef as the white ordered shipped, and that an advertisement would shortly be published call­ man gets his beef, that it should be issued to them in dressed ing for bids for flour and beef. Should the advertisement be published the usual time, and the usual time elapse between receiving the bids and com­ form, and I think the time will come when that will be done. pleting contracts, and the contractor have sufficient time for delivery, the Mr. PETTIGREW. I should like to ask the Senator a ques- beef can not possibly be delivered here on the 2d of April. It will be neces­ Yon. ' sary to make purchase in open market, or by ten days' notice and agreemen~ for one or two issues, and authority is hereby asked to make a purchase by Mr. MANDERSON. All right. either of the above methods as may be deemed advisable, of about 200,000 Mr. PETTIGREW. Is it not a fact that an army officer in­ pounds of beef, sufficient for two issues of fourteen days each, which will last spected the beef where the false weights were given at the time until April 30, when the rest can be delivered on contract.~ Purchases have been made by the Army for rationing the Indians here it was delivered, and he weighed all the meat when it was issued? from other agencies by ten days' notice and agreement, and also in open It makes but little difference to the Government if the weights market. That purchased by ten days' n otice costs 4i cents per pound net, are false, because that will average up when the·beef is delivered or $2.38 per hundred gross; that purchased in open market costs 61-10 cents per pound ~et, or $3.05 gross per hundred. - in the fall; but I ask if in fact an army officer was not there to The beef thus purchased has been of excellent quality, fat and perfectly inspect and receive the cattle? merchantable at any place. Of course, it is a great saving to the Treasury of ,, Mr. MANDERSON. That is presumable· I do not know. the United States to purchase steers in October at$2.74 per hundred gross, and to continue issuing them at the average weight at which they are received, Mr. PETTIGREW. Was not an army officer in charge of the but the Indians to whom they are issued have to su:trer hunger for it, es­ agency where the Senator saw this live issue? pecially when the shrinkage on a steer weighin~,137 pounds in October is Mr. MANDERSON. Certainly; at Pine Ridge and at Rose­ 352pounds four months later, as shown by weig cattle here since J anu­ ary 15, yet that this has been the custom here is we 1 known. bud as well; but the difficulty is that under the presentcondition The best method is to have deliveries made by contractors when beef is re· there is no convenience for the slaughter of these cattle, and quired for issue. Monthly deliveries come next, especially where beef is there is no body of men employed as butchers ·who could slaughter issued to Indians on the hoof, when a certain number can be issued to sep­ arate bodies of Indians and killed as may be required by them, under the them. I think there ought to be a bettering of that condition. direction of the farmer of the district or other authorized person. To do This communication from Capt. Pierce passes through the this will cost a little more, but Indians will get what has been p1·omised regular channels, and Col. Shafter, of the First Infantry, com­ them, and it is better to pay a little additional than to violate a promise to an Indian, for he knows when that is done, and never forgets or forgives it. manding, speaks of the issue. He says: This communication is sent through military channels in order to comply It is folly to expect cattle to remain in even fair flesh with nothing to eat with paragraph 3, Gene1·a1 Orders No. 2, Headquarters Division of the Mis­ but dead and frosted grass in this cold climate. I saw the cattle issued to the souri, January12, 1891. Indians to-day, and I do not consider them fit for human beings to eat. I Very respectfully, your obedient servant, . agree with Capt. Pierce in his recommendation to be permitted to buy in F. E. PIERCE, open market beef for two issues. He will have no trouble in getting it. Captain First Infantry, .Acting Indian .Agent. Gen. Brooke says: Six million fifty-nine thousand eight hundred and twenty-five pounds should have been furnished according to section 5, act 30, approved Febtu · I approve and strongly recommend the suggestions of Capt. Pierce. ary 28, 1877, except what bacon was furnished in lieu thereof. If the relations to these Indians are to remain peaceable, it is necessary that the plain stipulations of the treaty with them be observed. No beef LFil·st indorsement.] should be issued at the weight of the animal when bought. Why not buy HEADQUARTERS TROOPS IN CAMP, good dressed beef and make issues of net beef to the Indians. It seems to me Pine Ridge, S. JJak., F ebruar-y 18, 1891. this would be cheaper than the present system. Respectfully forwarded (through headquarters Department of the Platte). This then goes through the hands of Gen. Miles, and I propose I have ha.d no trouble in getting fat beeves (cows and steers in about equal numbers) at the prices quoted by Capt. Pierce, and there is nearly twice as to read his indorsement upon that subject. much meat on one of the beeves purchased by me as on one or equal weight The statement contained herein only confirms the reports and evidence issued by the agent, one being fat and the other a great frame of skin and which ru:·e beyond dispute, that those Indians have been hungry for tlte last bones. two years; that the system of supplies heretofore in vogue must have caused It is folly to e-xpect cattle to remain in even fair flesh with nothing to eat great su:trering, and that the Government must have paid for millions of but dead and frosted grass in this cold climate. I saw the cattle issued to pounds of beef which the Indians never received. It also confirms the state­ tha.Indians to-day, and I do not consider them fit for human beings to eat. I ments of the agents and especia.lly the special inspector of the Indian De­ agree with Capt. Pierce in his recommendation to be permitted to buy in open partment, made November 2, 1890, in which he refers "to the scant supply of market beef for two issues. He will have no trouble in getting it. rations," to which his attention had been daily called by the Indians, and WM. R. SHAFTER, that the "religious excitement, aggravated by almost starvation. was bear­ Colonel First Infantry, C'omm.anding. ing fruits;" and that the "Indians say they had better die fighting than to [Second indorsement.] die by slow starvation." Indians have been compelled to receive beef cattle that had shrunken from HEADQUARTERS DEPARTMENT OF TH"E PLATTE, one-quarter to one-half in weight after it had been bought and paid for, and, Omaha, Nebr., February 23, 1891. or course, this deduction was almost entirely of that portion that has life- Respectfully forwarded to the assistant adjutant-general Division of the sustaining qualities. · Missouri. The fact that the agent is now compelled to issue such beef as is unfit for I approve and strongly recommend the suggestions of Capt. Pierce. human beings to eat is most unfortunate and can not but breed dissatis­ If the relations to these Indians are to remain peaceable, it is necessary faction. that the plain stipulations of the treaty with them be observed. No beef As so many of the within facts have been denied, and so many misstate­ should be issued at the weight of the animal when bought. Why not buy ments made, I request that this paper be submitted uo the President for his good dressed beef and make issues of net beef to the Indians? It seems to information in order that he be apprised of the facts. me this would be cheaper than the present system. JOHN R. BROOKE, The document referred to is as follows: B1·igadier-Gene-ral, Commanding. UNITED STATES INDIAN SERVICE, Pine Ridge .Agency, February 17, 1891. [Third indorsement.] Sm: Records in the ofllce at this agency show that 4,824,430 pounds of HEADQUARTERS, DIVISION OF THE MISSOURI, beef have been received here for issue to Indians during fiscal year ending Chicago, fll. , February 28, 1891. 1- • J une 30, 1891: , Respectfully forwarded, earnestly recommendinlil: that Capt. Pierce's re 337,898 pounds of this cost $2.75 per hundred, gross. quest be approved by telegraph. 114,504 pounds of this cost $2.62 per hundred, gross. "'l'he statement contained herein only confirms the reports and evidence 4,372,028 pounds of this cost $2.11 per hundred, gross. which are beyond dispute that those Indians have been hungry for the last The first and second amounts were purchased in open market. In October two years, that the system of supplies heretofore in vogue must have caused (under contract), on the 9th, lOth, and lith, 3,256,118 pounds were received, great suffering, and that the Government must have paid for millions of and December 6, 505,600. pounds of beef which the Indians never received. It also confirms the state­ The number of cattle received on these four dates was 3,3117, and they weighed ments of the agents and especially the speci~-1 inspector o! the Indian De­ 3,761,718 pounds, averaging 1,137 pounds. partment, made November~ - 1890, in which· he refers ' to the scant supply of The beef received on the four dates above specified was to last from Octo­ rations,' to which his attention had been daily called by the Indians, and ber 25, 1890, to June 30, 1891. that the ' religious excitement, aggravated by almost starvation, was bear­ Beef is all issued on the hoof, and 30 Indians received one steer weighing ing fruits,' and that the 'Indians say they had better die fighting than to die 1,137 pounds every fourteen days. They are entitled to 1,260 pounds, or 123 by slow starvation.' " pounds more than they actually received, but the allowance of bacon par­ Indians have been compelled to receive beef cattle that had shrunken from tially made up this difrerence. On the 15th of January, 1891, 233 steers were one-quarter to one-half in weight after it had been bought and paid for, and, weighed, and their average weight found to be 916 pounds, or 222 pounds less of course, this deduction was alinost entirely of that portion that has life­ than SO Indians are entitled to receive for fourteen days. sustaining qualities. A change was then made, so that 22 instead of SO Indians received one The fact that the agent is now compelled to issue such beef as is unfit for steer for tour teen days, which is only 8 pounds less than they are entitled to human beings to ~a t is most unfortunate and can not but breed dissatisfac­ receive. On the 4th or February 231 steers were weighed, averaging 806 tion. 1892. ·CONGRESSIONAL RECOR.D-SENATE. 2963

As so many of the within facts have been denied, and so many misstate­ bacon, or anything else for the Indians. He produced samples ~ents made, I request that this paper be submitted to the President for his tn.forma.tion in order that he be apprised of the facts. in my presence of this bacon, and I confess that I thought that NELSON A. MILES, the bacon as shown to me was not of a character that ouo-ht to Major-Genet·al Commanding. have been supplied to any Indian or to any other human being. The Hon. CoMMISSIONER OF l.J~;·niAN AFFAIRS, He was insisting then, as I believe he always has done, upon a Washington, .D. 0. (Through milita-ry channels.) literal compliance with the law and the contract. I said to him on that occasion that he ought to do it, and I Mr. MANDERSON. Mr. President, I have presented these know he has done it in that case so far as he was able. There papers rather against my own· inclination and desire, and I would was a discussion and a disagreement between agents, and he was not have brought them forward had it not been for the character sending there the very best men he could find for the purpose of pf the argument that has been made here this morning. J do ascertaining \he truth and requiring the contractors to supply not claim that all these existing evils are to be remedied by sub­ the materials that they had contracted to supply. The ao-ents ~tituting army officers for civilians, but I do claim that never were disagreeing; some were saying that a part was good~ and since 1834 when the law permitting the President of the United the army officer insisting that none of it was good. He was re­ States to detail army officers to this duty has there been com­ fusing to accept anything, because he found that some portion plaint of fraud or peculation by them. There bas been no con­ of it was not according to the contract. If there is anything demnation of any army officer. On the contrary, I have shown that a man ought to be censured for it is in not performing his here the abundant evidence that they have received frequently whole duty in reference to the inspection of the material that is the commendation and the praise of the Interior Department, presented to him for inspection. But that is neither here nor and I submit in closing simply what I suggested the other day there. It is not settled yet whether the con tractors were to blame that I believe we could better the existing condition, which is or not. most deplorable, by making this change. I believe we can get I desire to say further in behalf of the Commissioner that while a better Indian service. w~werediscussingthatitemof bacon I askedhimmyselfwhether These army officers have no little experience in the line of bacon under this contract had been sent to other agencies, and similar duties, as my friend from illinois very well knows. Take he said it had been, and that some of the other agencies had com­ a lieutenant or a captainincommandof a companyoftroopsfora plained. The other agents were civilians, as I believe. So that few years, and by reason of the nature of his duty, it being re­ shows that if the bacon was not good, not only army officers were quired of him that he shall look after the food, and look after the complaining, but civilianswho were acting as Indian agents were clothing of the men entrusted to him, he becomes an expert as to complaining also. The other agents, if I remember rightly, re­ the food and clothing that is issued to both soldiers and to In­ jected a part, perhaps, and accepted the balance. So it comes dians. They are more expert than the average civilian taken round to this, that there is no argument involved in the dis­ from civil life for the purposes of this employment. cussion of the bacon question so far as the question of changing I think we will not only get better experts, more competent to the policy of the Government in connection with the appoint­ look after that with which these men are to be clothed and fed, ment of Indian agents is concerned. and above all that we shall have in these army officers inde­ Mr. PLATT. I should like to ask a question. pendent agent-s who will not be timid, not be afraid to combat Mr. CULLOM. Certainly. existing evils, whether they are evils that are inaugurated by Mr. PLATT. If the war there was, as has been said, brought reason of defective legislation or by reason of defective execu­ on because the bacon was not issued, and if a large portion of the tion of law, and will call attention to abuses and will try to have bacon was fit for issue, but the army officer refused to issue any them remedied. of it because he found a small portion of it which was not up to Mr. CULLOM. Mr. President, this debate has been protracted the contract, who is responsible for the war, the Indian De­ . I to very much greater length than anybody supposed, when the partment or the army officer? item in the bill was reached in its first consideration. I do not Mr. CULLOM. I should say that the army officer was, if that propose to take more than a moment now at this late hour of was the fact in the premises; but the truth about it is that there the day, when I know the chairman of the Committee on Indian are dishonest Indian agents, I have no doubt, as well as honest Affairs is very anxious to get the bill passed and out of the way. Indian agents. Now, I submit the plain question whether an I desire to say that all the talk which my distinguished friend army officer, with the army officer's training, unknown to busi­ from Nebraska [Mr. MANDERSON] has given us has been very ness, knowing nothing about affairs, a boy educated at West interesting, reading a good share of the records of the War De­ Point and sent to the Army, knowing nothing about business af­ partmen~, because that Department has seemed to come with fairs, nothing about business contracts, whether that kind of a very considerable reenforcement to the rescue of the provision man is as well qualified to discharge his duty as an Indian agent of the bill inserted by the other House. That is all very well; I as a man who is raised up among the people and familiar with the have no objection whatever to any criticism that maybe made of business of the world. any wrongdoing or failure to comply with the law or contracts :11r. WHITE. May I ask the Senator a question? on the part of anybody; but it does not touch the question. Mr. CULLOM. Certainly. The question before the Senate is whether these Indian agencies Mr. WHITE. If that premise of the Senator be correct, how I shall be abolished and army officers detailed to perform the du­ does it comport with this statement found in the letter of Mr. ties. Any argument or evidence that has been produced here Commissioner Morgan? to show that the system of dealingwith the Indians in contracts Where rations and annuities are supplied to the Indians, army o:ffi.cers are or in the issuance of rations may be wrong, has no bearing what­ accustomed to insisting that the clothing shall be better and rations largely ever, so far as I can see, upon the naked question whether it is increased to correspond more nearly with that of the Army. in the interest of the Government and of the public and of the Mr. CULLOM. I understand the truth is that the Govern­ Indians to make a change of arrangement and detail army offi­ ment has never required the exact kind of rations for the Indians cers instead of appointing men from civil life to these agencies. that has been required for the Army of the United States. I have no doubt that the history of the administration of the Mr. COCKRELL. Why not? Does not the law require it? Indian Department will show that in very many instances there Mr. CULLOM. I can not answer, except that that has been has been an effort on thepartof contractors to get an advantage the truth about it; and the law has not required it, I suppose, or of the Government in dealing with it in supplying the Indians it would have been done. with beef or pork or whatever else they have agreed to furnish. Mr. PERKINS. It is because the Indians pay very much less I am in favor of a system, if we have not got the right one, that for it. · will compel a contractor to perform his duty to the letter in sup­ Mr. CULLOM. They pay very much less for it, and I am not plying the Indians with beef and pork and everything elsa re­ prepared to insist that blanket Indians should be fed as well as quired whether these agencies are filled by civilians or army Federal soldiers. Let me say another thing in connection with officers. this subject. I remember very distinctly, before the Sioux war I want to say a word here in behalf of the Commissioner of In­ came on, that we were criticised in this body-and rightfully, dian Affairs, who apparently has not very many friends in this perhaps-because we had not given appropriations sufficient to body. ItS() happens that I was at his Department with an attor­ supply the money to feed the Indians. There had been criti­ ney of Armour & Co., one of the contractors furnishing apart of cisms in the Senate of the United States because of the enormous this bacon so much talked about, and I happened to hear the expenditure necessary to take care of the Indians of the C'oun try. conversation and the argument between the attorney and the The result of that was that new censuses were taken. It was Commissioner upon the question whether the bacon was accord­ charged that we were counting more Indians than existed, and ing to the contract or not. the Indian agents were called upon to recount them, and conse­ I desire to say in behalf of the Commissioner, because I think quently we reduced the rations that were to be given to the In­ he is entitled to have it said, that he insisted then, as I believe dian agents to feed the Indians under their charge. The result he has always insisted, upon an exa-ct living up to the letter (If of it was, as charged, that the Indians were not supplied with the the contract by every contra-ctor who. .was called upon to supply necessary amount of food: It was not the Indian agents, but it .

' 2964 CONGRESSIONA-L RECORD-SENATE. APRIL 5,· was the Congress of the United States tha_t was to blame to some whether you should propose to begin now to reverse the system extent for the failure to supply the Indians with the necessary and put a military officer over every agen~y in this country in­ amount of food for their subsisten~ for want of the neces~ary ap­ stead of a civilian who knows their wants, who knows how to do propriations. businessandhow to deal with those people justaswellasanarmy Mr. WHITE. Will the Senator par..don an interruption? officer. It is a bad condition of affairs in my judgment for this Mr. CULLOM. Certainly. Senate or this Congress at this late day to comeforward and say Mr. WHITE. Will the Senator read the specifications :tor the that we will change the system and put the Army over the In­ bacon w hicl1 was to ba furnished' at this agency, and state whether dians as fast as vacancies may occur. those specifications do not cover good bacon such as would be fur­ We had thepowerbefore. The President of the United States nished to the Army? could exercise that power whenever in his judgment it was wise Mr. COCKRELL. And every other article that is provided to do so, an~ in instances he did; but if you will look at the doc­ by law for the Indians. uments that I believe my distinguished friend from Nebraska Mr. CULLOM. I have not before me the specifications, but presented you will see what was done under Gen. Grant's admin­ the fact is, if the Senator will read them I think he will find dif­ istration when he found it necessary to send an army officer to a ferent kinds of specifications as to the bacon supplied to the In­ particular agency. In one instance I notice he sent him there in dians from those .under which bacon is supplied to the Army. May and took him away in October. Why? Because the emer­ Mr. WASHBURN. I should like to ask the Senator from Illi­ gency that seemed to require an army officer there in the pros­ nois one question. pect that there might be war with those Indians passed, and he Mr. CULLOM. Go on. then put back a civilian to take charge of the affairs of the Mr. WASHBURN. The Senator has been speaking in a very agency. disparaging way in regard to army officers as though they were Mr. President, I have said more than I expected to say, not educated for business. As a matter of fact, there are in the and I do not desire to detain the Senate longer more than to say Army officers to whom this character of business is proposed to another word. My friend from Nebraska says that the Govern­ be transferred better adapted to do this kind of business than ment details army officers to take positions in the colleges of "almost any citizen, and especially better than any citizen who is the country. That is true in some instances. It does not mean a:ppointed as an Indian agent as a reward for political service, as though that they go there to teach the boys in the college in the nme-tenths of them are. Are not the intelligent quartermaster ordinary sciences. They go there simply as army officers to traili and the commissary who have been educated in this line of busi­ the boys in military tactics and instruct them perhaps in mili-. ness better qualified to attend to it and more likely to do it well? tary science. The suggestion that such a detailis made it seems Mr. CULLOM. The Senator from Minnesota asks me whether to me is entirely foreign to the question before the Senate. So the army officer is not better qualified to attend to this kind of after all I can not resist the conclusion that it would be unwiso business than the civilian. I say no. at this time when we are struggling in the direction of educ&­ · Mr. WASHBURN. Better qualified than the kind of civilians tion, and teaching these people how to farm and support them­ who fill these offices. selves, to put them entirely under the control of the army offi· · Mr. CULLOM. I do not know the ki:od of civilian the Senator cers of the United States. recommends. He may be a politician who helped to elect him to Mr. PROCTOR. Mr. President, the Senator from illinois the Senate or he may not; I do not know. [Mr. CUI... LOM] has spoken of the reading of the records of the Mr. WASHBURN. The Senator fromMinneEotais not in the War Department. I am not aware that I have submitted any Indian business, and never will be, he hopes. evidence from the War Department; I think all I have submit­ Mr. CULLOM. Neither is the Senator from Illinois. ted has been from the Interior Department and from the Indian Mr. WASHBURN. When I do recommend a man to fill one Association of Massachusetts. I merely wish to add a little of those positions it will be a U.ifferent kind of an Indian agent more from the same sources. than we have had in this country as a rule for the last twenty­ Mr. CULLOM. I hope the Senator will not understand me as five years. having referred to him as furnishing any such record at all. Mr. CULLOM. Allright; I hope thatwill be so. I hope that Mr. PROCTOR. I did not do so. I could have supplemented every man who recommends an Indian agent will be careful that a great deal, but I thought it was not my province to do it. All he gets an honest man in the service. I think that is commend­ I have taken has been from the Interior Department and the In­ able in the Senator, and I hope every other Senator will adopt dian Association. the rule he lays down for himself. I believe there are several In Executive Document No.9, second session of the last Con· Indian agents in Minnesota, and I hope he will pay special at­ gress, from the Secretary of the Interior, the Acting Co:mn;1iS· tention to the selection of the right kind of men for this Indian sioner of Indian Affairs in a communication under date of No­ service. • vember 25, 1890, gives the reasons for the trouble at Pine Ridge. Mr. PLATT. Does he claim that they are incompetent? E;e enumerates several causes. He first refers to the drought Mr. CULLOM. I want to know if they are incompetent men. and their discouragement because the crops were cut off. The Mr. WASHBURN. We have had a great many of them, I second is as follows: will say, not only incompetent but dishonest. Second. That previous to July 1, 1890, rations and annuities for 7,500 In· Mr. CULLOM. Does the Senator know of ·any such now in dians were issued to them at Rosebud Agency, and the Indians there actu· . his State? If he does, then he ought to see if he can not get ally received and ~ot the benefit of such issues, whereas it was ascertained about the beginnmg of the present fiscal year that there were only about them turned out. 5..250 Indians at that agency, and rations have since been issued accord. mgly to Mr. WASHBURN. We have not many Indians left in Minne­ the number found to be there. Naturally, the 5.250 Indians who have been sota. The Indian is a back number there. receiving and consuming sufficient, so far as the limited appropriation would allow for 7,500 Indians, feel the loss of the surplus rations formerly issued to Mr. CULLOM. I do not know how that is, but there are sev­ tbem. This office is satisfied that this overissue of rations was secured by eral distinct appropriations for agencies in the Senator's State. overcount of the Indians through well-concealed methods of deceit practiced Mr. President, we all agree that there ought to be honest In­ by them upon the agent while taking the annual census. dian agents in the service in charge of the different Indian agen­ It has been usually supposed that the white men were too much cies. We all agree that there has been too much dishonesty in for the Indians, that they usually got the advantage of them in connection with that service. I agree to that; but I submit in all a bargain; but if the agents appointed have been so very ineffi­ candor whether at this juncture of affairs we are going to reverse cient that the Indians could cheat them 50 per cent. in this mat­ the policy and put upon or over these people whom we are strug­ ter of issue, it occurs to me that they must fare badly in the ~ling to prepare for citizenship an army officer instead of a civ­ hands of the average contractor for supplies. ilian who has sympathy with and belongs to the great body of It is a feature of this discussion a little singular that the only the people. I have no disparagement to make of the officers of cases which have been alluded to of marked success in the man­ the Army. I believe they are honest men, as a geq.eral propo­ agement of Indians have been where army officers have been in sition. I am not prepared to admit, however, that they are the charge. Take Capt. Pratt, at the Carlisle school. The Senator only honest men in this country, and I submit whether at this from Massachusetts who reported the bill spoke very highly of stage of the game, when we are appropriating nearly $3,000,000 that officer, and I claim, what I know to be the fact, that he is for educational purposes, and making citizens of them when, as not an exceptional man. He is a very good one, but we are told was explained when my colleague was upon the floor a little of others quite as gcod. I will read from a private letter from while ago, step by step we are qualifying these people to become the president of the M;as:::achUEetts society, which has a branch American citizens and to vote, we should make this change, yve in tho Senator's town, a few words that I believe I did not submit should dispense with civilian agents, and place over them, to use the other day. Mrs. Bullard, of Boston, is the president of the the expression of some Senator, army officers. My colleague found fault with the expression, and technically society: he is right, but they are appointed to take charge of their in­ The friends of this band of Indians believe that steady control and influence will do more good than can be derived f1·om changes of teaching and re­ / terests, to pay their annuities, to deal out their rations, and all movals which unsettle the parents as well as the scholars. The teachers' re­ that kind of thing; and I submit in that condition of things ports, besides giving satisfactory accounts of the children often allude to tho 1892. CONGRESSIONAL RE.CORD-- SENATE. , 2965

m~rked improvement among the grown people under Lieut. Wotherspoon's I think that upon another ground it has been demonstrated Wisecare. · that it is not wise to turn this se:r;vice over to army officers, and Mr. DAWES, Will the Senator tell us what band of Indians that is because the army officer by education, by the esp1'it du that is? corps which is worth more than all other matters in the s~rvice, Mr. PROCTOR. 1t is the Apa{}he band, the worst of all in the by everything which:r;ertains to his life-his ambition, his seek­ country, agmitted to be, I believe, by all. ing of promotion upon merit, his association with his fellows­ Mr. PETTIGREW. Where are they? the work which he is brought out to do is so different, so apart Mr. PROCTOR. AttheMountVernonBarracks, in Alabama, from this service that th ere is not found an army officer, and entirely in the hands of the War Department, the only band of never has been for twenty-five years, that ever sought it. It is .Indians in the country who are, and without any appropriation a work which he looks upon as not only a departure from his reg­ to help care for them. I made the statement the other day that ular education arid duty, but a work which in some sense degrades l did not believe so marked an improvement could b3 shown on the life and character and position of an army officer. He en­ any reservation in the country as can be shown there, and the tered into this service to discharge that duty as well as he may president of this society in the Senator's State fully substantiates according to his own lights, but he is not there to regenerate, to . that claim. educate, to lift up; he is there to obey the orders of another De­ Mr. DAWES. She speaks of the Indians under the charge of partment, to whom he does not owe his appointment, and in the the War Department at For~ Marion? Are those the ones she success of which he has no ambition. speaks of? If he fulfills the letter he lets the spirit die, and if you can not Mr. PROCTOR. They were there, I think. find any technical departure he is safe. That is not the service Mr. DAWES. That is the band of which she spoke? which has animated those who for tenor fifteen years have been . :Mr. PROCTOR. Yes. She further says: SJ at work in this cause of the Indians, and, as I have said be­ I can not say enough of Lieut. Wotherspoon's constant kindness and ex­ fore, who have taken three out of four of all the Indians out from cellent advice. Busy as he i.s with the care of the whole tribe, he takes time under the charge of the United States, and have made one-fourth to give me the benefit of hiswisdomandexperiencewheneverquestionsarise about the women or children. No child has yet graduated from the school, of them to-day citizens of the United States in homes· of their but I think I may say to-day that the scholars are healthy, clean, happy, and own. · J>romising. The experiment is, I believe, entirely unique in Indian training, That is not the spirit which has actuated an army officer when and certainly offered some formidable difficulties. he has b3en in the service. I put my finger down upon this point Mr. DAWES. Mr. President, I hope we may soon get a vote that no man can find the service of an armv officer as Indian upon this question. I want to apologize to the Senate for any agent, with the exception of two or three, that has ever left the agency I may have had .in protracting the debate. Nothing but Indian service one hair's breadth higher and better than when a deep conviction thatthis proposed change would work a serious he entered into it. He has felt it no part of his duty but to keep injury to a cause which it is now admitted on all sides to have the peace. _ shown wonderful and commendable progress during the last ten The Senator from N3braska [Mr. MANDERSON] undertook to · years would have induced me or justified me in renewing in the say to the Senate that the appointment of army officers to the Senate the racommendationof the Committee on Appropriations service was a usual thing, and he brought out what looked like a that this change should not be made. In doing that, I do not chart to show now many army offic3rs had been appointed to this mean to intimate that those who have advocated this change have service and read over and over again the comments that were done it from any other purpose than that which I hope actuates attached to these names after their service, and what is it? In myself, a conviction that it is best for the Indians. But, never­ sixteen years there have been thirty-five such appointments­ theless, it is because I believe that they are honest and sincere two a year. The first one was from July to September, 1876; the in this that I venture still further for a few moments to reason second from September to January, 1877; the third from January with them. 1877, to July, 1877; then from September, 1877, to October, That it is a departure there can be no question. Why do we 1877; August, 1876, to. September, 1876; September, 1876, to De­ propose a departure? To cure what? To cure fraud in the ad­ cember, 1876; August 30, 1876, to October 27, 1876; October 27, ministration of Indian affairs? Is there any other service, even 1876, to November 30, 1876; November 30,1876, to March 3, ).877. that of the War Department, that has shown fewer instances of Mr. PROCTOR. Mr. President, that matter was brought out fraud in its administration than this Department for the last ten in the discussion. I wish to ask if the Senator does not under­ years? I have said nothing, and I have no intention to say any­ stand that that was one of the objections raised to the present thing, against those educated for the Army, whether they b.3 system, that these details as allowed under the present law were put to a service for which they are not educated or not. As a merely for a temporary military exigency, but not a trial sys­ class they are just as fair and as honest as any other class of our tem? fellow-citizens, and they ought not to claim, for it is not true, Mr. DAWES. With great respect to the Senator. from Ver­ that they are any more so. There are some safeguards thrown mont I will continue to read: around the administration of the War Department that do not exist in civil life, and they contribute very largely to the main­ November 30, 1876, to March 3, 187'7; March 9, 1877, to October 22, 1878; July 31, 1880, to March 1, 1881; March 1,1881, to August 1, 1882; August 1,1882, to tenance of that integrity which is the just pride of the Army. August 6, 1885. But all that machinery is left in the Army when army officers are taken into the civil service. But they do not escape even There were two years. We have gotone at two years, and you with that. While we are debating this very question, the War go down to the Apaches of the San Carlos Agency and you find Department is reviewing courts-martial for duplication of vouch­ one who has been there .four years. That is the length of serv­ ers and papers, and frauds. There are not more in that Depart­ ice which makes thirty-five in sixteen years. ment than anywhere else, but it does not become anybody here, What does it teach'? It teaches that these officers are put because the facts do not bear it out, to say that the War Depart- there under special and peculiar circumstances and there is no mentis better than any other. · man acquainted with the Indian S3rvice who reads where they We have been told hereupon the highest authority that when were put who does not call to mind that they were put there the army officer steps out from the War Department into the when there were disturbances and put there only because there civil service of the Indian Burea-q he leaves all that machinery were disturbances and taken away from there just as soon as the behind him, and he is not even required to give a bond, and those exigency ceased. The only reason there is one down at San who undertake to impress upon us the b3nefit of having him in Carlos to-day is what the Sen2.tor from Vermont and the Sena­ this service have gone so far to-day as to denounce the idea of tor from Nebraska stated, that they are the most warlike of all giving bond for the faithful performancce of a public duty. Indians, the only Indians now left of all the tribes that are not Mr. MANDERSON. I ask the Senator t-o permit me tointer­ -subject to the control of a civilian Indian agent, and there is a rupthim. good, faithful army officer down there keeping the peace. There Mr. DAWES. Certainly. is one at Pine Ridge for the same purpose and for no other pur­ Mr. MANDERSON. I notice that he has a good deal of sensi­ pose. tiveness about being misquoted, and I confess to a little of that Mr. President, the Senator from Nebraska read the:comments feeling m_yself. He certainly misunderstood me if he tmderstood appended to some of these appointments to show their valuable that I condemned the giving of a bond. I condemned that prac­ service. There are comments against six out of thirty-five. tice which required that a man who was to take a public employ­ Six of those have so well done their work as to deserve commen­ ment should be compelled to call upon his f iends to become his dation when they went out of the service, and of two of them it bondsmen. I think the bonds should be given by guarantee com­ is recited that the service which they performed, for which panies. Further, I said that I did not believe any bond would they are thanked, is a service under peculiar difficulties, show­ ever make a dishonest man honest. That was my statement. ing what they were there for, and showing that as soon as the Mr. DAWES. Perhaps I did not quotetheSenatorwithgreat peculiar difficulties had passed the executive department of this accuracy. Perhaps I ought not to have said that he condemned Government, having ample power to keep them there, from that the giving of bonds; he only belittled it. day to this has chosen what the executive department believed · -·

2966 CONGRESSlONAL RECORD-SENATE. .... to be the best course; that is, as soon as order is restored to put which is right and I do not care which is right. It is a contro­ • them under civilians, because it is the work of a civilian. versy between an army officer on a reservation and the Indian I think, in the repeated recurrence of the Senator from Ne­ Department here, just such a controversy as will rise in a hun­ !Jraska to these commendations, only six out of thirty-five, he dred cases if this provision in this bill remains. It is utterly im­ worked them for all they were worth. Choate once said to the possible to divide this responsibility between two independent supreme court of Massachusetts that an officer ought to be in­ departments. One or the other must be responsible for it. You dicted for overworking a participle, and ·it seems to me that the had better to-day turn the wholelndianservlCe over to the Army Senator from Nebraska has got into the category of that officer than split that service in two and say that this part of it shall be when he could cull out of these but six and read them six times performed by army officers and that part of it by the Indian over, and each oneof them showing thatthey were appointed for Bureau. this special purpose, and that just as soon as the Executive of the Sir, the Interior Department does not deserve at the hands of country could dispense with their services as Indian agents he Congress any such vote of condemnation of its work for the last took them away and put others there. ten or fifteen years, as is inevitable in this amendment. It is a Mr. PERKINS. That peculiar service was to preserve the vote that its work has been ill done, that it can not be trusted peace, was it not? longer with the most important feature of all its work. You Mr. DAWES. Yes. The Senator availed himself of another have increased your appropriation for the Indian to seven or suggestion, and that was that there were a good many officers eight millions every year; every dollar of it is to go through put in the school institutions of this country, they were sought that Department; and yet you say that the agents shall not be for as teachers in schools in thiscountry; and that was an argu­ agents of your selection; t.hey shall be agents of another Depart­ ment to show that an army officer was batter fitted to manage an ment, owing their appointment to that Department, and inde­ Indian aO'ency, an officer who could go into a school as an in­ pendent of the Interior Department in everything but the bare structor to teach tar from Connecticut [Mr. HAWLEY] at. I was looking at what the Senator was saying, and it was invoked the aid of Gen. Grant to sustain this proposed change. that you could find a teacher in a school who had been edu­ He said: . cated at West Point, and if he could teach a class in a school As to the possibility of dealing with this question rightly under army offi­ how to shoulder arms, he was just the man to manage bacon; cers I give one illustrious example. IDysses S. Grant was the first President just the man to inspect supplies. of the United States who distinctly and vigorously appealed to the religious sentiment, to the religious organizations and churches of the country to come Mr. MANDERSON. I want to know if the Senator is trying right up and help the Government in regenerating these people. to quote my r emarks? · Mr. DAWES. I have been very patient in yielding to every­ Sir, I was a little surprised that the Senator should think that body, and I now wish to conclude what I have to say. anything in the history of either of Gen. Grant's Administration Mr. MANDERSON. If the Senator declines to be interrupted or Gen. Grant himself would justify support of this change. If I certainly shall not interrupt him, but I hope he will .not put the Senator had been familiar with what made Gen. Grant make language 'in my mouth that never came from it and we will look that appeal and with Gen. Grant's whole policy as those are who ' at the RECORD to-morrow for what was actually said. were in the service at the time and who put upon the statute Mr. DAWES. I will not put anything in the Senator's mouth, books with their own hands his exemplification of his policy, the least of all will he put his bacon in my mouth. [Laughter.] Senator never would have alluded to Gen. Grant as justifying Mr. MANDERSON. I hope not, or anything else. this change. Mr. DAWES. The Senator speaks of this great question of How came Gen. Grant to appeal to the religious sentiment of turning over the Indians to the army officers. It is not the turn­ this country to come up and help him? What was the condition ing of the Indian over to the Army, Mr. President. Oh, no, it is of things that Gen. Grant found when he came into office? A coming just as near it as he can. It is turning him over to army commission the year before had been sent out to make treaties officers. That is what it is. It is not turning him over to the with the Indians under the control of four army officers, men Army. educated to their-profession, great men in their profession, men We need have no fear, the Senator from Vermont [Mr. PROc­ to whose memories we have erected statues since. They went TOR] says that Gen. Schofield, at the head of the Army, with and made eleven treaties with thP. Indians. banners flying, will march into the Indian schools and take pos­ One of thos~ treaties was that treaty of the 29th of April, 1868, session of them. No, he wilf fill them with army officers. That with the Sioux Nation, which has caused us more trouble than is all that he will do. all the other matters of administration of the Indian, in which Now, Mr. President, take a police officor in this city and put they put the Sioux on a tract of land, 49,000 square miles of ter­ him into the high school and see whether that is a good place ritory, and reported to their Government that they put the for him. To put an army officer in the pulpit because he does Sioux so far out of the reach of the white man that the white not steal and because he does not swear, because he insists upon man would never hereafter trouble him or he the white man, having good bacon, would be just as appropriate as to put him that he might roam and hunt and support himself with what into the management of 5,000 Indians, the purpose of the Gov­ they promised. What did they promise? They promised to ernment at the expense of $7,000,000 a year being to get those feed and clothe that' Sioux nation for thirty years, and a few 5,000 Indians up into citizenship and self-support. years afterwards we added, "until he could suppor t himself." Now,the Senator wants this whole question to turn upon whether We found ourselves in that treaty and that agreement to sup­ he has convicted an Indian inspector and the Indian Bureau of port those Sioux until they could support themselves and put ~assing off bad meat, or whetherthe Senatorfrom South Dakota them under obligations never to support themselves. Under tMr. PETTIGREW] has convicted the army officer of attempting that provision we have appropriated more than $20,000,000 to to get different meat. He proposes that the question of revers­ feed and clothe them, and more than $30,000,000 my friend from ing the whole policy of this Government towards the Indian shall Iowa [Mr. ALLISON] says. You know I never overstate things. turn upon the question whether he is right or the Senatorfrom Those Indians are just where they were then. South Dakota is right, on a question whether,inasingleinstance, Those treaties which those four army officers made brought the Indians at a single agency got a single consignment of pork upon this Government an annual appropriation of millions of up to the standard. That is all there is to it. I do not know dollars, and the House of Representatives refused to appropriate qs92. CONGRESSIONAL RECORD-SENATE. 2967

it. There was a deadlock between the two Houses, and Congress with educated peopleveryrapidlyremove the customs and worst tendencies which have marked Indian life as savage li!e. Far more effectively than adjourned on the 4th of March, the Indian bill having failed, "campaigning" against him, does education." kill n the Indian and give tis with not a dollar of appropriation for the Indian because of the in his place the American citizen. attempt of the House of Representatives to throw off the shackles The United States Government has for some yea.rs been engaged ina work of education among the Indians which is more comprehensive in its scope, which had cost us $30,000,000 already. more practically efficient in its results, and more hope:l'ul in the outlook it It was, then, on the lOth day of April, after the inauguration gives upon the future of the Indians. than any other work which the Gov­ of Gen. Grant, in a special session of Congress that the Indian ernment has attempted for them. We urge the Congress of the United States to make still larger appropriations for boarding schools upon the bill was passed, and in it, under the inspiration of that great reservations, for educating Indians at the Eastern schools where they come man, who was great enoug?- to s~e that there wer.e som~ tiD:n~s in touch with civilized life, and for day schools on the reservation. We be­ which he did not know, thiS sectiOn was brought m, which It IS lieve that the enlightened common sense and the conscience of our country call for the settling of the Indian question by the influences of the schoolhouse some satisfaction to me, looking back upon the service that has rathel.· than by the iniluences of the barracks and the campaign. And were­ grown out of it, to know that I brought it into the House of R ep­ spectfully urge upon Congress that instead of reducing the apl}ropriation for Indian schools it should make a marked increase in that appropriation resentatives myself: for the coming year. SEC. 4. And be it further enacted, That there be appropriated the further On the lowest motives of economy, tl upon no hi a-her ground, we might sum of :!2,000. 000, or so much thereof as may be necessary, to enable the Pres­ urge the wisdom of increased appropriation for schools. Statistics show ident to maintain the peace among and with the various tribes, bands, and that it is far cheaper to maintain a small army of school teachers than a parties of Indians, and to promote civilization amon~ said Indians, bring large army to follow the "hostiles" upon the war path. Larger appropria­ them, where practicable, upon reservations, relieve thell" necessities, and en­ ~ons for schools. for industrial training, for practical instruction in farm­ courage their efforts at self-support; a repm;t of all expenditures under this ing, will make the Indians self-suPp fifteen ;rears vindicates the wisdom of bringing into contact with the Indians as a civilizing and up­ William Welsh, of Philadelphia, brother of the late minister to lifting force, agents- and teache-rs who are not exclusively army officers. Eng-land; the next was William E. Dodge, of New York; the third With the greatest respect for the officers of our Army, it is the conviction of was a Mr. Brunot, an eminent Quaker from Pittsburg,Pa.; the the Board of Indian Commissioners that the work of education and civiliza­ tion should be presented to the Indians from the point of view of the Ameri-. fourth was Ed ward S. Toby, from Massachusetts. The others are can citizen rat:ner than exclusively from the point of vie\v ot the Army. out of my mind at this moment. I have the paper giving the With respect-i:!,~a.,;~yLoursE.GvAeryT_EtSruly, list of the appointments, but I can not place my ~and on it. n•~ ~ .ros. T. .rAcoBs, ALBERT K. SIMLEr, PHILIP C. GARRETT, All those men have gone to their reward, but Without compen­ WM. H. LYON, . DARWIN R.JAMES, sation and for the good of the serv.ice, they took bold of Gen. WM. McMICHAEL ELBERT B. MONROE, Grants work to keep the peace with the Indian and to contribute WM. D. WALKER, E. WHITTLESEY, to his civilization and self-support in a way that no other body Members United States Board of Indian Commissione'/"8. of officials has ever discharged their duty, and that they did with­ This is signed by Merrill E. Gates, chairman of that board, the out compensation. That Commission has been at this work from president of Amherst College, taken from New Jersey to that that day to this. ' hio-h office, one of the most earnest and intelligent and cultivated Just after the vote was taken the other night, I received in m;n in the work of general philanthropy in all this country; my mail from those who hold that office to-dayl who are still Albert K. Smiley, one of these commissioners, who devoted last working for the good of the Indian, that body of men who hold winter with that Mr. Painter, who was derided here the other at their own expense every·year a convention or conference, to Q.ay, ·and an eminent citizen of California, without compensation, which they invite one hundred and fifty of those who are at work gathering together the poor Mission Indians of Southern Cali­ for the welfare of the Indian and at their own expense keep them fornia, who had been ever since the Mexican Go-vernment had in conference every year, that body of men who meet here every taken away the mission houses of the Catholic Church wander­ January and confer with the President and the Secretary of the ing over the mountains very like sheep without a shepherd, upon Interior about the best course to pursue in hastening on the In­ a reservation of their own; William H. Lyon, who for twenty dian to self-support, and that body of men who inspect in New years has inspected every pound of beef and every yard of cloth York and Chicago every dollai:'s worth of rations of every kind which ha.s bean purchased in New York for these Indians; Wil­ that is purchased for the Ind1an-they sent a most earnest ap­ liam McMichael, of Philadelphia; William D. Walker, a bishop peal to the Congress of the United States through me last Thurs­ of the Episcopal Church; Joseph T. Jacobs7 Philip C. Garrett, day. The great body of it is devoted to the education of the In­ of Philadelphia, one of the most prominent and honest business dians, to which I am glad to say the Senate has responded up to men that great State has to boast of; Darwin R. James, who was the full measure of what the committee have asked them tore­ known to every member of both Houses of Congress during his spond; but I beg to read their memorial to Congress, the last service here, Elbert B Monroe, and E. Whittlesey, who has been clause of which was read a moment ago by the Senator from a general in the Army, as well as serving thelndiansincivillife. South Dakota [Mr. PETTIGREW], who had a similar document. Sil·, I am conscious that I have occupied ~ore time than I I beg leave to read it again as coming from men who have de­ ought. I believe that this is a very serious question to the fu­ voted their lives to this work, and not from army officers, not ture of the Indian. I believe that it will harm the Army as from men who have not been in this work. well as the civil service. I believe that it will breed discord MARCil 29, 1892. and confusion and antagonism in all that service, but I do not To tlLe Congress of the Unit6d states: GENTLEMEN: While the bill making an appropriation for the work of edu­ say that with any idea of arraigning any Senator for a different cation among the Indians is still before your honorable body, will you allow view. These are my convictions, and this is my justification for us, as members of the United States Board of Indian. Commissioners, to ask saying here, in charge of this Indian appropriation bill, more your careful attention to the following considerations? For the last ten years, there has been, we believe, a growing conviction on than twenty of which I have had charge of in my service here, the part of the people of the United States that the solution of the Indian that in my opinion no so serious a blow to the good of that serv- problem is to be attained, not by any single piece of legislation and not by ice ever crept into an Indian appropriation bill. · the adoption of any visionary plan of reform, but by the systematic applica­ tion to it of those principles of justice, fair dealing, and popular education The VICE-PRESIDENT. The question is on the amendment which lie at the foundation of our system of government. Over 16,000 In­ proposed by the Senator from South Dakota. dians have now become citizens of the United States; and more than 4,000 Mr. PETTIGREW. Mr. President- . others, through ap:J?lica.tions for land in severalty, have declared their in­ tention to become Cltizens. Mr. VOORHEES. Does the Senator from South Dakota wish The application of the laws already enacted by Congress, before many to address the Senate? If so, I yield to him. years shall have elapsed, will break up the reservations and establish a. very Mr. PETTIGREW. No; I do not. I simply wish to call for large number of the Indians upon holdings of their own. Since the Indians the yeas and nays on the amendment. are thus on the road to citizenship in the United States, the position to which the logic of our institutions destines them, is it not clear that the supreme Mr. VOORHEES. Mr. President, I do not know what the pur­ duty of the United States Government is thoroughly to educate its "wards?" pose of the Senator from Massachusetts is, whether it is his in­ The American people believe in popular education. Since the Indians are to enter upon the duties of citizenshiJ>, they should be prepared for these tention to require a vote this evening. By his own discussion of duties by systematic education. The history of e1rorts already made in edu­ this case he has made it seem necessary, at least to me, to say a cating Indians proves conclu~ely that education and social intercourse few words myself. I have a conscience to_satisfy upon this ques-

• 2968 CONGRESSIONAL, RECORD-HOUSE. APRIL 5,

tion as well as the Senator from Massachusetts, and with all kind­ Mr. CRAIN of Texas. No, sir. ness towards him and his views, there are certain matters in my There being no objection, the reading of the bill was dispensed possession which I think I ought to lay before the Senate, which with; and, being considered, the bill was ordered to a third read­ will, at least, explain the course I shall feel compelled to pursue. ing, read the third time, and passed. If the Senator desires to press a vote this evening I will go on, On motion of Mr. CRAIN of Texas, a motion to reconsider the but I should prefer to go on to-morrow unless it is the intention last vote was laid upon the table. - to have a vote this evening. The SPEAKER. The corresponding House bill will be_laid . Mr. GORMAN. With that expression on the part of the Sen­ upon the table. ator from Indiana I will move an adjournment. SUBPORT OF EN'l'RY, VELASCO. Mr. DAWES. Of course, after having wearied the Senate myself, it would be pretty bad manners for me to insist upon it The SPEAKER also laid before the House the bill (S. 1645) that the Senate should continue here longer. I leave the matter making Velasco a subpart of entry. · entirely with the Seriate. Mr. CRAIN of Texas. I am instructed by the Committee on Mr. VOORHEES. The Senator from Massachusetts has not Interstate and Foreign Commerce toask unanimousconsent that wearied the Senate. the Senate bill be substituted for the House bill, which is identi­ Mr. DAWES. Of course the Senator knows the anxiety of the cal in language and involves no appropriation, and that the Sen­ Committee on Appropriations to have this bill passed. I leave ate bill be put upon its passage. it entirely with the Senator and the Senate. The SPEAKER. The bill will be read. subject to objection. Mr. VOORHEES. It is now 5 o'clock. The bill was read, as follows: · Mr. GORMAN. If the Senator from Indiana ~ill give way, I Be it enacted, etc .• That the first paragraph of section 2578 of the Revised move that the Senate do now adjourn. ~~~rr:::1~~~~g,~~~d States be and the same is hereby a~ended so that it The VICE-PRESIDENT. The questionisonthemotionmade "SEc. 2578. There shall be in the State of Texas five collection districts, as follows: First. The district of Galveston, to comprise all the waters and by the Senator from Maryland. shores of the State north and east of the counties of Matagorda and Whar­ The motion was agreed to; and (at 4 o'clock and 53 minutes p. ton as bounded on the 3d day of March, 1847, for which Galveston shall be the m.) the Senate adjourned until to-morrow, Wednesday, April6, port of entry, Velasco asubpo.rt of entry, and Sabine and Houston ports of 1892, at 12 o'clock meridian. delivery." Mr. DINGLEY. Is this approved by the Secretary of the Treasury? Mr. CRAIN of Texas. It meets his approval and involves no HOUSE OF REPRESENTATIVES. expenditure. · TUESDAY, .AprilS, 1892. There being no objection, the bill was considered, ordered to a • third reading; and being read the third time, was passed. · The House metat12 o'clock m. Prayer by the Rev. A. E. WAF­ On motion of Mr. CRAIN of Texas, a motion to reconsider the FLE, D. D., of Jamestown, N.Y. last vote was laid upon the table. The Journal of the proceedings of yesterday was read. _ The SPEAKER. The corresponding House bill will lie upon Mr. ENGLISH. Mr. Speaker, on yesterday, under a misap­ the table. prehension, I voted, believing the pending motion to be one to NEIL .FISHER. suspend the rules for the purpose of considering the Chinese bill. I voted, therefore, inadvertently for the passage of the bill. I Mr. FITHIAN. Mr. Speaker-- wish my vote changed on that bill from the affirmative to the Mr. CRAIN of Texas. Mr. Speaker, I am further instructed by negative. the same committee-- . The SPEAKER. The change will be made, as it does not af- The SPEAKER. The Chair has promised to recognize the fect the result of the vote. · gentleman from Illinois [Mr. FITffiAN]. The Journal was then approved. Mr. FITHIAN. I askfor the present consideration of the bill which I send to the Clerk's desk. · DISPOSITION OF LANDS UNDER DESERT-LAND ACT. The bill was read, as follows: The SPEAKER laid before the House a ·communication from Be it enacted, etc., That the Secretary of War be, and he is hereby author· the Secretary of the Interior, transmitting, in response to resolu­ ized and directed to revoke the order of dismissal and dishonorable discharge of Neil Fisher, -late captain of Company E.-Fifty-fourth Regiment Illinois In­ tion of March 2, 1892, information relative to lands disposed of fantry Volunteers, and cause to be issued in favor of said Fisher an honora· under the desert-land act. ble discharge; and the sa.id Fisher is hereby restored to all the rights, privi­ The SPEAKER. This communication will be referred to the leges. and allowances to which he would have been entitled had he been hon• Committee on the Public Lands. orably discharged the service at the date of his dismissal. Mr. BRETZ. Mr. Speaker, that communication is in response The SPEAKER. Is there objection to the present considera.· to a resolution offered by myself, asking the Department for in­ tion of the bill? formation touching a bill reported by the Commit~e on Irrigar Mr. KILGORE. Let the report be read. tion of Arid Lands, and the communication should go to that The report (by Mr. NEWBERRY) was read, as follows: committee. The Committee on Military Affairs beg to report that in the case of the bill (H. R. 4365) for the relief of Neil Fisher, captain of Company E, Fifty-fourth The SPEAKER. This is in response to that resolution? Regiment illinois Volunteer Infantry, that the said Fisher, after a service of Mr. BRETZ. It is. fifteen months, from February 16, 1862, to May 16, 1863, tendered his resigna­ The SPEAKER. The communication will be referred to the tion for good and sufficient reasons, and was by general order without trial Committee on Irrigation of Arid Lands. or hearing, summarily dismissed the Army, said general order being No. 61, dated May 24, 1863, from headquarters of the Sixteenth Army Corps, after· _ REPORTS FROM COURT OF CLAIMS. wards confirmed by special orders of the War Department June 2, 1864. The evidence shows that this officer was a conscientious, honorable man The SPEAKER also laid before the House communications who differed upon political questions arising at that time; frankly stated from the Court of Claims, transmitting copy of findings of the his opposition thereto, and announced the impropriety of his longer service court in the case of S. B. Herbert The United States, and in in the Army, His loyalty is shown to be unquestioned, and his bravery dur· vs. ing his service was conspicuous. ' . the case of L. S. McHenry vs. The United States; which were re- Your committee recommend that he be honorably discharged from the serv· ferred to the Committee on War Claims. . ice_of the United States in accordance with the provisions of the bill. BRIDGE ACROSS THE BRAZOS RIVER, The SPEAKER. Is there objection to the present considera­ The SPEAKER also laid before the House the bill (S. 1643) tion of this bill? authorizing the Velasco Terminal Railway Company to construct There was no objection. a bridge across the Brazos River, in the State of Texas. The bill was ordered to be engrossed and read a third time; Mr. CRAIN of Texas. Mr. Speaker, I am authorized by the and being engrossed, was accordingly read the third time, and Committee on Interstate and Foreign Commerce to ask unanimous passed. consent that this bill be put upon its passage, a similar bill having On motion of Mr. FITIDAN, a motion to reconsider the last been reported favorably by that ~ommittee. vote was laid on the table. The SPEAKER. The bill will be read,afterwhich the Chair CERTAIN EXPENSES OF PENSION-OFFICE INVESTIGATION. will ask for objection. Mr. CRAlN of Texas. In order to save time, Mr. Speaker, I Mr. ENLOE. Mr. Speaker, I am directed by the special com· will state that this bill is drawn in the usual form, has beeri sub­ mittee investigating the management of the Pension Office to mitted to the Secretary of War, and his recommendations have offer the resolution which I send to the Clerk's desk. been incorporated in the bill. I would ask, therefore, that the The resolution was read, as follows: reading be suspended, merely stating that the bill involves no Resolved, That C. A. Palmer be paid out of the contingent fund of the House the sum of $100 for extra services performed by him as stenographer to the appropriation whatever. special committee investigating the management of the Pension Bureau Mr. BUCHANAN of New Jersey. Has there been anymoney during the month o! March. spent by the Government for river improvements above the pro­ Resolved, That the compensation of the said C. A. Palmer as stenographer during the continuance of the said investigation shall be at the rate of $HI posed site of the bridge? per day, to be paid out of the contingent fund of the House. ·