1894. CONGRESSIONAL RECORD-SENATE. 3125
Whereas the withdrawal or !laid appropriations will work great injury to SENATE. agriculture and agricultural education: 'l'here!ore, Be it resolved. by the G~neral Auem'Jl1! of Marvland, T'.aat the Senators and TUESDA..Y_. March 20, 1894 •. Represent!ttives from Maryland in the Congress of the United States, be and they are hereby requested to use their best etrorts and endea.vors to defeat Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. the passa.ge of sa..U bill liiO fa.r a& the same a.pplies to agricultural expert The Journal of yesterday's proceedings was read and approved. mental station2 and a,."Ticultural education; and be it !urther Resolved, That. the governor be and he is hereby directed to forward, un TRANSFER OF MILITARY RECORDS. der the grea.t se3.1 of the State of Maryland, a copy of these resolutions to each of the Se:na.tors a.ad Representative3 of Maryland in the Congress or The VICE-PRESIDENT laid before the Senate a communica the United Sta.te3 at a.s early a. day as possible. tion from the Secretary of War, in response to a resolution of Given under our hands this 14th day o! February A. D. 1894. JOHN WALTER S-r.llTH, the Senate of the 14th instant, relative to the proposed transfer President of the Senate. from the Treasury :tnd Interior Departments to the War De JAMES H. PRESTON, part.mentof the military recocds of the American Revolution and Speaker a.f t!M Hduae of JJele{lates. the war of 181:2, as authorized by an act of Congress approved STATE OJi' MARYLAND: I, Frank Brown, governor of the State of Ma.ryltmd, do hereby certify, June 24, 1892; which was referred to the Committee on Military that the foregoing is a full and true copy of the joint resolutions of the Gen Affairs, and ordered to be printed. eral Assembly of Maryland, of which H purports to be a copy. Wit nesS"'my ha.nd a.ud the great seal or Maryland. PETITIONS AND MEMORIALS. Done at ths city of Annapolis on the 20th day of February, in the year of Mr. BERRY presented petition of citizens of Arkan our Lord, 189•. a st~ndry (SEAL.) FRANK BROWN. sas, praying that fraternal and society journals be admitted to By the governor: the mailsa.sseoond-class matter; which was referred to the Com WILLIAM T. BRANTLY, mittee on Post-Offices and Post-Roads. Secretm·v of State. Mr. TITRPIE presented a memorial of sundry citizens of La Mr. GORMAN pres;mted the petition of Mrs. Julia Nolan, ·of grange County, Ind., remonstrating against the passage of the Baltimore, Md., widow of Charles Nolan, late of Compa.ny C, Wilson tariff bill; which was referred to the Committee on Fi Second Regiment United States Dragoons, praying that she be nance. granted a pension of $12 per month; which was referred to the Mr. STOCKBRIDGE presented the memorial of Peter White Committee on Pensions. and sundry other citizens of Marquette, Mich., and the memo H e also presented a petition of the State Medical Society, rial of J. M. Longgear and sundry other citizens of Marquette, known as the Medical and Chirurg leal Faculty of .Mary laud, pray Mich., ~emonstrating against the passage of the Wilson tariff ing for the passage of Senate bill No. 1153, creating a bureau o} bill; which were referred to the Committee on Finance. public health; which was referred to the Committee on Epidemic Mr. PROCTOR presented the petition of H. M. Goddard and Diseases. 16 other citizens of South Royalton, Vt., -praying for the enact He also presented a petition of sundry citizens of Emmitsburg, ment of legislation to suppress the lott-ery traffic; which was re Md., praying that the preamble to the Con11titution of the United ferred to the Committee on the Judiciary. States be 510 amended as to recognize the Deity; which was re He also presented a memorial of Local Union No. 264, Cigar ferred to the Committee on the Judiciary. Makers' International Union of America, of Rutland, Vt., re· He also presented the petition of Thomas J. Packard and sun monstrating against an increase of the internal-revenue tax on dry o ther citizens of Maryland, and a. petition of the Society of cigars; whioh was referred to the Committee on J:i'inance. Friends, of Baltimore, Md., praying for the enactment of legis Mr. WASHBURN presented a petition of the Chamb0r of lation to suppress the lottery traffic; which were referred to the Commerce of St. Paul, Minn., -praying that an approprhtion of Committee on the Judiciary. $10,000 be made for the examination and survey of a c:.tnal to He also preseu ted the memorial of Fred Deruhard and sundry connect the waters of Lake Superior and the Mississippi River; other citizens of Baltimore, Md., and the memorial of W. Hoff which was referred to the Committee on Commerce. man and sundry other citizens of Boonesboro, Md., remonstrat He also presented sundry memorials of cigar manufacturers of ing against the imposition of an income tax, and also against St. Cloud, Minn., remonstrating against an increase of the in an increase of the tax on distilled spirits; which were referred ternal-revenue tax on cigars; which were referred to the Com to the Committee on Finance. mittee on Finance. He also presented a memorial or sundry employes of William Mr. FRYE presented sundry memorials of cigar manufac J. Hoope1· & Co., of Baltimore, Md., and a memorial of sundry turers of Portland, Saco, and Biddeford, all in the State of Maine, employes of th~ J. J. Johnson Company, of Baltimore, Md., re remonstrating against an increase of the internal-revenue taxon monstrating against any change being m~de in the present du cigars: which were referred to the Committee on Finance. ties en cotton and .flax fish nettings, webs, seines, etc.; which Mr. HAWLEY -presented a petition of William A. Willard were referred to the Committee on Finance. aud 1\:l other citizens of H :.wtfoi·d., Conn11 and a petition of B. H. He also presen~d petitions of Robert E. Green, W. T. Allen, Webb Council, No. 702, Royal Arcanum, of Hartford, Conn., and sundry other clt1zens of Maryland; of William H. James, praying that fraternal society a.nd college journals be admitted R. J. Wilson, Richard Grady, H. M. Fuller, George Damman, to the mails as second-class matter; which were referred to the jr., William N. Hildebrand, S. H. Ranneker, J. Spencer Clarke, Committee on Post-Offices and Post-Roads. and G. A. McGaw, s.nd sundry other citizens of Baltimore, Md.; Ml'. LODGE preaented the petition of D. W. Thompson and of Acma Council, No. 858, Royal Arcanum, of Baltimore; of 40 other citizens of Williamstown, Mass., praying for the enact John A. Murray and sundry other citizens of Williamsport; of ment of legislation· to enable the States to enforce State laws reg John 0. McKeby and sundry other citizen!! ofPhcenix; of Levin ulating the sale of substitutes for dairy products; which was re F. Morris and sundry other citizens of B.1th; of William E. Taw ferred to the Committee on Interstate Commerce. and sundry other citizens of Marion; of Edward P. Allen, -presi- He also presented the me-morial of Frank W. Francis and 15 dent. and sundry students of Mount St. Mary's College, Em other cig-ar manufacturers~ of Bedford, Mass., and the memorial mitsburg, and of W. A. Trader and sundry other citizens of Sal of Joseph V. Broderick and 32 other employes of.F. P. ~orton, isbury, all in the St:tte of Maryland, praying that fraternal so cigat· manufacturer, of Boston, Mass., remonstratmg aga1nstan ciety and college journals be admitted to the mails as second increase of the internal-revenue tax on cigars; which were re class matter; which were referred to the Committee on Post ferred to the Committee on Finance. Offices and Post-Roads. Mr. GORMAN presented a memorialof the General Assembly Mr. GORDON presented the petition of Fayerweather & of the State of Maryland, remonstratinicr against the passage of Faden, of Flintstone, Ga., praying for the retention of the duty House bill No. 2001, to repeal certain aws relating to perma on sole leather; which was referred to the Committee on Fi nent a,nd indefinite appropriations, in so far as the same repeals nance. the laws making appropriations for the support of agricultural He also presented a memorial of P. S. Clark & Co. andsundry expedment stations and in aid of agricultural colleges; which other druggists of Georgia, and the memorialof John W. Good was read and referred to the Committee on Agriculture and wyn, ch11irman of the Georg~ Board of Pharm!Lcy, of Macon, Forestry, as follows: Ga., remon.strating against an increase of the duty on alcohol; THE STATE OF MARYLAND, Executive JJepartmmt. which were referred to the Committee on Finance. Joint resolutions request.in~ and urging the Senators and Representatives He also -presented the petition of Charles A. Conklin, of At in th~ Congress or the Umtect $La.tes from the !::hate of Maryland, to use their best efforts and endeavors to defeat the passage of a bill now pend lanta, Ga.! praying that the time of putting into effect the clause ing in Congress known as" House bill No. 2001," entitled, "A bill to repeal of the Wilson tariff bill affecting tin plate be postponed until certain laws relating to permanent and indefinite appropriations," intro October 1, 1894; which was referred to the Committee on Fi duced in the House or RepTescntatives by Mr. SAYERS Of Texas so far as the same repeals tho laws making appropriations for the support of agri nance. cultural experimental stations and in aid or agricultural colleges. REPORTS OF COMMITTEES. Whereas there is now pending in the Congress of the United States a bill Mr. PEFFER, from the Committee on Agriculture and For known as "House bill No. 20iH ," which has tor its object, in part, the repeal estry, to whom was referred the bill (S. 115) foe the development ~e~t~~~~:tfo;~/Fl~~g~a.~~~i~.:~~t~ec~~~E~~;t ~~dagricultural experi- and encouragement of silk culture in the United States under
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' 3126 CONGRESSIONAL RECORD- SENATE. MARCH 20,
the supervision of the Secretary of Agriculture, reported it with wise or unwise in all its provisions it is the best compromise amendments, and submit.ted a report thereon. obtainable in a committee differing widely in their views upon He also, from the same committee, to whom was referred the economic questions and in the effect upon the prosperity of the bill (S.l170) to establish an electrical experiment station for the country when embodied in our statute laws. purpose of investigating and determining whether eiectric~ty I shall find no difficulty in supporting in the Senate my col can be profitably applied as a motive power in the propulsion of leagues with whom I have served upon the committee in enact farm machinery and implements, reported it with amendments, ing into law so much of the proposed legislation as will yield to and submitted a r epot· t thereon. the Government all the revenue needed when economically ad Mr. STEWART, from 'uhe Committee on Mines and Mining, ministered. Beyond this just and proper limit I must not be to whom was referred the bill (S.1515) to amend chapter 6 of expected to go. Title XXXII of the Revised Statutes, relating to mineral land.s In view of the fact that two subjects of legislation proposed in and mining resources, reported it with amendments. the bill had received much public attention, I will announce to Mr. MILLS, from the Committee on Post-Offices and Post the Senate, as I have already stated to the comm'ittee, my views .' Roads, to whom was rererred the bill (S. 200 ) ior the relief of and purpose as to each of them. Firstly, I disagree with my Moses Pendergrass, of Missouri, reported it without amendment, colleagues upon the committee upon that section of the bill and submitted a report thereon. which provides for an income tax; ample provision having boon He also, from the same committee, to whom was referred the otherwise made in the bill for revenue, its presence here is un bill (S.199) for the relief of E. R. Shipley, reported it without necessary, and besides it is un-American, u.n-Democratic, and, amendment, and submitted a report thereon. as I think, unwise. I sh9ll move at the proper time to st1·ike He also, from the same oommittee, to whom was referred ~he this provision from the hill. bill (S. 571) to provide a postal-card letter, reported adversely Secondly, I disagree with my colleagues on the committee in thereon, and the bill was postponed indefinitely. respect to the sugar schedule as it. appears in the bill; and I He also, from the same committee, to whom was referred the shall feel impelled to offer at the proper time an amendment to bill (S. 751) to provide a postal currency, and for other purposes, this schedule, believin.g- that the option to impose duties upon reported adversely thereon. sugar either by the polariscope test or a Dutch standard of Mr. KYLE. I ask that the bill be placed on the Calendar with .color, a.s the customs officers may elect, is a dangerous power to the ttd verse report. - confer upon any Government officer, and its effects will prove The VICE-PRESIDENT. The .bill will be placed on the Cal confusing and mislea:ling when applied in practice. I trust, how endar with the adverse report of the committee. ever, that the committee upon further consideration will adopt M1>, HUNTON, from the Committee on Post-Offices and Post this view and offer an amendment which will confine the test Roads, to whom was referred the bill (S. 886) for the relief ol of all sugar, raw and refined, to the polariscope test alone, and legal representatives of John Wightman, deceased, reported it thus make certain and definite the duties e:.ch shall pay. with amendments, and submitted a report thereon. Mr. ALLISON. I think it would be a convenience to have a pamphlet print of the bill with the present law stated in each THE REVENUE BILL. paragraph and then the propos~d changes. First, the changes Mr. VOORHEES. I am instructed by the Committee on Fi proposed by the House of Representatives, and, secondly, the nance, to whom wa-s referred the bi.ll (H. R. 4864) to reduce taxa modifications proposed by the Sena.te Committee on Finance. tion, to provide revenue for the Government, and for other pur -It seems to me that would be a gre:'l.t convenience. poses, to report it with amendment8. Mr. YOORHEES. Will the Sena.tor be kind enough to speak Mr. MORRILL. I desire to say that so far as the Republican this way? I did not hea.r what he said. members of the Committee on Finance are concerned they did Mr. ALLISON. I think it would be a great convenience to not object to the reporting of the bill, while they are opposed Senators to have a pa-mphlet pdut of the bill, embracing, first, not only to the proposed income tax~ but to the many changes of the existing law as respects these paragraphs; secondly, the specifics to ad valorems, and to the great bulk of the provisions changes in the paragraph proposed by the bill as it came to us of the bill. from the other Hause-- Mr. VOORHEES. I ask that the bill be printed and placed Mr. VOORHEES. That is what I h ave ah•e3rdy st::tted. upon the Calendar, and I give notice that on the 2d.day of April, Mr. ALLISON. And, thirdly, the changes proposed by the which is a week from next Monday, I shall call the bill up for Senate Committee on Finance. -Has the Senator suggested that consideration by the Sena,te. · a, print of that character shall be made? Mr. MANDERSON. I desire to ask the Senator from Indi Mr. VOORHEES. Yes; with an index. ana, the chairman of the Committee on Finance, whether there Mr. ALLISON. Very well. That I think would be a wise is to be any written report with the bill? order t-o have made. Mr. VOORHEES. There is not. Mr. VOORHEES. Is the Senator making a point on the form Mr. MANDERSON. Will there be any st9.tement submitted or the substance of the publication? Does he wish to have i:t by the Committee on Finance? in a different form from the bill? · Mr. VOORHEES. There will be when the bill is called up Mr. ALLISON. I think it might be well to have it in a con· for consideration. venient pamphlet form. Mr. MANDERSON. A statement.thatwill show the changes Mr. VOORHEES. I will say to the Senator from Iowa that which are proposed in the existing law? we can adjust that in committee. There will be no trouble about Mr. VOORHEES. Therewill be full statements and explana fixing that. • tions of the bill when it is called up for consideration. Mr. ALLISON. But it will be necessary to have an order of Mr. MANDERSON. And those will be ready in print on the the Senate, I think. 2d day of April? . Mr. VOORHEES. There will be subheadings also in the bill, Mr. VOORHEES. I do not -say that, or in what form they so that it will be easy of reference. will be made. I myself expect, for instance, to make a state The VICE-PRESIDENT. The bill will be placed on the Cal ment to the Senate when the bill is called up for consideration. endar. I will say to the Senator from Nebraska that there will be com Mr. HOAR. Has the proposition made by the Senator from parative statements which will be accessible to the Senator, Iowa been adopted? I thought the Senator made a .motion or. a showing the changes which are proposed to be made in the ex suggestion equivalent to a motion. isting law. All those usual som·ces of information will be amply The VICE-PRESIDENT. The Chair understood the Sena afforded in a very short time. tor from Indiana to assent to .the proposition. Mr. MANDERSON. I make this inquiry because of the fact, Mr. ROAR, Has the Senate assented to it? recognized by all, that the many changes in the bill from spe The VICE-PRESIDENT. No motion was m ade and no re cific to ad valorem duties require an expert to show exactly what quest was submitted for the Chair to put to the Senat-e. changes are proposed in the law. I think such a document as Mr. HOAR. I did not understand precisely what was done. has been referred to, either in·the nature of a statement by some I should like to know whether that matter is disposed of? expert familiar with tariff duties or a report from the commit Mr. FRYE. It can not be done without an order of the Sen tee, should be printed and in the hands of Senators some days ate. before the bill is taken up for consideration. Mr. ALLISON. So I stated. Mr. VOORHEES. All that information will be speedily af Mr. VOORH EES. I think the matter can be very safely left f orded to the Senate and to Senators. to the Senator from Iowa and myself, for we shall fix it up most Mr. MANDERSON. l hope i t may. likely exactly as he wants it. . Mr. M cPHERSON. Mr. President, a single word perhaps Mr. FRYE. It can not be done without n.n order of the Sen will be proper and appropriate from me upon this occasion. ate. I have assented to the report just made by the chairman of Mr. H OAR. N o; it can not be done without an order of the the committee, justifying my action by,t he belief that whether Senate. 1894. CONGRESSIONAL RECORD-SENATE. 3127 . Mr. VOORHEES. I differfrom the Senator. We have done second New York Volunteer Infantry; which was read twice by a great m~ny things of that kind already without an o.rderoi the its title, and referred to the Committee on Milita.ry Affairs. Senate. The committee itself has power to do tha t. He also introduced a bUl (S.l197) for the relief of Miss Mary .Mr. HOAR. I do not myself exactly understand (I do not Henry Carroll, sister of Miss Anna Ella Carroll, deceased; which know that it is important it should be understood now) what was read twice by its title, and referred to the Committee on. is the parliamentary attitude of the bill. I understand the Sen Military Affairs. ator from Indiana to report the bill, and then if the Senator AMENDMENTS TO APPROPRIATION BILL. from Vermont[Mr. MORRILL], as heundertooktodo,represents Mr. PROCTOR submitted an amendment intended to be pro the Republican members of the committee, and the Senator posed by him to the sundry· civH appropriation bill; which was from New Jersey [Mr. McPHERSON] h as been correctly under referred to the Committee on Military Affairs, and ordered to stood in regard to the income tax and the sugar schedule, here be printed. is a bill repor ted from a committee in regard to which in t wo Mr. ALLEN. Yesterday I submitted an amendment to the of its great, perhaps its greatest, single fea tures a majority of sundry civil appropriation bill, the amendment proposing to the commit tee who are said to report the bill are opposed. ma ke an s.ppropriation of $16,000 for a resurvey of the lands of Now, does tha t make a parliamentary report? The Senator Grant and Hooker Counties, in t he State of Nebraska; and it from New Jersey is opposed to two great sections of the bill. was referred to the Committee on Appropriations. I ask unani I do not understand how the committee can be said to h ave mous consent to withdraw t h at reference, and have the amend agreed to this report. ment referred to the Committee on Public Lands. Mr . McPHERSON. I do not understand that there was any The VICE-PRESIDENT. Is there objection? The Chair hears disagreement in committee as to the reporting of the bill this none, and that change of reference will be made. morning. I heard no objection to its being reported. I think I am telling no committee sem·et. It was ordered to be reported BILL RECOMMITTED. by general assent, as I suppose_d. I want to say to the Senator Mr. GIBSON. I move that the bill (S. 1680) to more effectu from Massachusetts-- ally suppress gambling in the· District of Columbia be recom Mr. HOAR. The Senator will pardon me, that I may make mitted to the Committee on the District of Columbia. my statement plain. I supposed that a committee ordinarily The motion was agreed to. report bills they are in favor of and not bills they are opposed to: FENDERS ON DISTRICT STREEi.' RAILWAY GARS. Mr. McPHERSON. I do not wish to get into any discussion Mr. GALLINGER submitted the following resolution; which on any collateral subjects this morning upon the bill. The time was considered by unanimous consent~ and agreed to.: will come when I think I c:tn convince the Senator from Massa Reso lved, That the Committee on the District ot Columbia be directed to chusetts that I have acted exactly in a proper manner in re mvestiga.te and report, as promptly as may be, whether in their opinion the spect to this subject. ' street railways of. the city of Washington, propelled by cable and electric power, have adopted and are using the most elfective fenders for the pro Mr. HOAR. I made no criticism on the Senator from New tection of human lite and limb, and i1 they are not using the best-available Jersey. appliances what remedy should be invoked to compel them to do so. The VICE-PRESIDENT. TheChairwill state., in response to Mr. GALLINGER. I desire to submit an editorial article - the inquiry of the Senator from Massachusetts., that the bill was from the Evening Star of last evening bearing on .this question, reported by the chairman of the Committee on Finance and it which I ask to have referred to the Committee on the District has been placed on the Calendar. The Chair did not understand of Columbia.. the 3enator. from Iowa to ask una.nimous consent, and for that The VICE-PRESIDENT. Without objection, the paper will reason the Chair did not submit the matter to the Senate. be so referred. Mr. PEFFER. Referring to the tariff bill whichhas been re ported, I desire to give notice that when it is called· up at the INTRODUC'l'LON OF REINDEER INTO ALASKA. time named by the Senator from Indiana I shall move to substi Mr. TELLER submitted the-following resolution; which was tute for it the bill which I introduced last week, being the bill considered by unanimous consent, and agreed to: (S. 1762) to amend the customs laws an~ to provide additional Resolved, Thl'~t the Secretary of the.Interiqr be directed to transmit to the revenue for the support of Government, and for other purposes. Senate a copy of the last report of Dr. Sheldon Jackson upon yhe " Intro duc.tion ot domesticated reindeer into the district ot Alaska." MESSAGE FROM THE HOUSE. REPEAL OF FEDERAL ELECTION LAWS. A message from the House of Representatives, by Mr. T. 0. Mr. CHANDLER submitted the following resolution: which TOWLES, its Chief Clerk, announced that the House had agreed was referred to the Committee to Audit aad Control the Con to the amendment of the Senate to the bill (H. R. 1918) author tingent Expenses of the Senate: izing the Texarkana and Fort Smith Rail way Company to bridge • Resolved, That the sum of $52.92, being the expense of printing 2,000 extra the Calcasieu and Sabine Riv.ers in the States of Louisiana and copies of Senate Report No. 113, part 2, be paid from the appropriation for Texas. the contingen.t expenses of the Senate. The message also announced that the House had passed a HEARINGS ~EFORE COMMITTEE ON INDIAN AFFAffiS. joint resolution (H. Res.123) authorizing the wearing of a dis tinctive badge adopted by the Regular Army and Navy Union Mr. .JONES of Arkansas submitted the following resolution; upon all occasions of ceremony; in which it requested. the con which was re!erred t-o the Committee to Audit and Control currence of the Senate. the Contingent Expenses of the Senate: Resolved, That the Committee on Indian Affairs, . ' ) ..... 3128· CONGRESSIONAL RECORD-SENATE. MARCH 20, from the Committee on Foreign Relations January 23, 1894, as]f ways and means for the maintenance o! the public peace and the follows: protection of life and property." .Resolvld, Tilat !rom the !acts and p:1.pers laid before the Senate His unwis_e The com mit tee called a mass mee ting of t he ci tizeus o r Hono- a.ndinexpedient,underexistingconditions,toconsider.at thistimeanyproJ- lulu, to be convened on Monday the !lith at 2 o'clock p m ectof annexationo! theHawaiianterritoryto the United States; that the h' h dul . d r d d'dM d b ' th 1. d' .,. : ' t'' Provisional Government therein having been duly recognized, the highest "!' lC w~~ Y organize c:~n a 1 esse Y e ea lD~ sp1r1 -5 international intorosts require that it shall pursue its own line of policy. Ill oppOSitiOn to the Queen. Foreign inter~ention in the political al'rairs or t he ~ e islands will be reg:J.rded In the mean time the Queen had issued a procln.ma.tion, coun- as an act unfnendly to the Government of the Uruted States. tersigned by her cabinet, in which she promised to take no fur- Mr. TURPIE. It will be recollected that at the time when ther st-eps in the nromulgation. the resolution·was reported the committee asked for its imme- The chairman ~of this meeting on taking the chair ma,de a diate consider~tion. Present. consideration has been mu?h be- short address, in which ho st3-ted-I quote literally: lated and I thmk the resolutwn has been a reasonable t1me at We do not meet as revolutionists but as neaceful citizens who have a least 'before the Senate. I therefore ask unanimous consen t rigb t to meet and state their grievances. · that it be m ade the special ot·der for Tuesday next ~mQl e diate l y . Another speak er, t-he leading spirit of the mov e m ent Mr. after the routine morning b usiness. Thurston, said: - ' 1f r. DOLPH. I object. The const.itution gives us the right to assemble peaceably :md express our Mr. PLATT. Wh~.t day does the Senator from Indiana p ro- grievances. We are he1·e to-d ay, doing that, without arms. pose? The resolutions adopt-ed by the m eeting did not even r emotelv Mr. TURPIE. Tuesday next. indicate any revolutionary movement. They denounced the ac- The VICE-PRESIDENT. Is there objection to the request of tion of the Queen in relation t.o the promulgation, and confi rmed the Senator from Indiana? the powers of the committee of safety. Mr. DOLPH. There is objection. I object. On tha.t ·same day the committee of safety applied, as Mr. The VICE-PRESIDENT. There is ob~ ection. Stevens sa,ys in his report , "to me [him] for aid." The paper Mr. TURPIE. Then I should like to have some agreement making the application thus referred to by Mr. Stevens as ac- as to the time when a vote shall be taken and when the debate companying his report is not found with it, nor in the documents upon the rBsolution shall close. I will remark to the Senator above referred to. For some purpose it was omitted. Mr. Ste from Oregon that the resolution was by the committee at least vens reports that on reception of this application he "promptly held to relate to the external view of our policy: it does notre- addressed a letter to Capt. Wiltse, requesting the landinv of the late to the mooted questions that have been debated here, and troops, and the m arines from the Boston were promptly 1:nded." early action in regard to it is certainly advisable. There is no He further reports, as next in chronological order to the need of the pendency of the resolution here as a subject-matter landing of the troops, that" as soon as practicable a provisional for debate upon such questions as have been debated in the course ~o v ernment was formed," and that this committee of safety of the arg-ument. The original resolution of the Senator from 'forthwith took possession of the government building, ar Maine [Mr. FRYE] is on the table, and the question of concurring: chives, and the treasury, and installed the Provisional Govern or nonconcurring in the report made by the chairman of the Com- ment at the heads of the different departments. This being ac mittee on Foreign Relations is yet on the table. Both those complished, I promptly recognized the Provisional Government papers contain a full basis for complete debate upon the whole as the Government of the Hawaiian Islands." subject without reference to the resolution which I now ask The account g iven by the commissioners of ·the Provisional be made a special order. I call the attention of the Senator from Government, to the United Stat-es, differs essentially from this, Oregon to the expediency at least of fixing a time-if next Tues- in that it seys the call for troops was made by many citizens, a day is not the proper time-when the resolution shall be made a factnotalluded to by Mr. Stevens. and necessarily contradicted by special order. what he did say~ The commissioners'account also differs materi- Mr. DOLPH. I am not myself prepared to agree to any time. ally from Stevens's. in that it states that no public recognition As is well known, I did not favor the report of the resolution as of the Provisional Government took place" until after the ab it was made, and after the interpretation which has been placed dication of the Queen and the surrender to the Provisional Gov upon the first clause of the resolution by a member of the com- ernment of her forces." mittee, I understand that other members of the committee who The Secretary of State, Mr-. Foster, in his letter to the Presi- at the time agreed to the report are not willing to stand by the dent adopted the view of the commissioners on this subject. favorable report. I think the resolution should be recommitted, It appears from these same papers, however, that Stevens's so that we may know how the committee stands upon it1 and if statement was correct on this point , and that the recognition it is not in shape to satisfy the majority of the committee, it took place while the Queen's forces were in full possession of should be put in that shape. I therefore can not agree this the police station house, which Mr. Stevens had in a previous morning to any time for its final disposition. . letterindicated as themostimportantmilitarystronghold in the T h e P R ESIDING OFFICER tMr. G ALLINGER in the chair). city of Honolulu, in fact so important, as he stated it, that its The hour of 2 o"clock having arrived, it is the duty of the Chair possession actually commanded the royal palace and the govern- to lav befoee the Senate the unfinished business, the title of ment building. There were also unaccountable differences in , which will be stated. these documents in reference to the location of the troops. Mr. The SECRETARY. A bill {S. 832) to simplify the form of deeds Foster says in his letter referring to the troops: of conveyance, trust, and releases of land in the District of Co- They were distributed that night- lumbia, and for other purposes. After the landing- Mr. GEORGE. Mr. President, I as~ the at.tention of the Sen- between the legation and the consulate, where they occupied the inner ate with some reluctance upon a questiOn whiCh has been yery courts and a private hall rented tor their acco'\l.modation. fully debated, but there are some aspects of that question to According to his statement, when. ~he troops were landed they which I h ave given attention, and I h ave r eached conclusions were put alone at the consulate &ad the legation, at which par which I believe it my duty to state to the Senate. ticular places they occupied the inner courts and a privat e hall The necessity for an investigation by Mr. Cleveland of the rented for their accommodation, but Capt. Wiltse in his report H awaiian revolution, so called, will appear evident from a con- stated, as will be found on page 27 of Senate Executive Docu sideration of the documents and papers accessible to him when ment 76, Fifty-second Congr·ess, second session, as follows: the investigation was ordered. In the statement of facts con- One detachment or marines was placed at the legation and one at the con nected wlth this revolution I shall confine myself to the facts as sula.te: while the main body or men, with two pieces or art~llery, were quar shown by the documents then in existence. These papers show tered m a hall or central location. near the government bUllding. that on Saturday, 14th da.y of Janu·-1 ry, 1893, the Legislature of It a]so appeared t-hat President Dole in his letter to Mr. Smith, the Kingdom of Hawaii was in session in accordance with the the resident minister of the Hawaiian Islands to the United constitution, and that in pursuance of the undoubted power of Sbtes, informed that official that this remarkable revolution took the Queen it was duly prorogued. place in the manner described, in his own language, as follows: They also show that on the same day the Queen, under pres- That by public proclamation made on the 19th instant, from the govern- sure from her native subjects, proposed to promulgate a new ruent building, in all iormal style- constitution; th ::~. t this proposed action was opposed by her cab- Whatever that may be- inet, and that she fin?Jly desisted, temporarily, a3 is alleged, the Hawaiian monarchy was abrogated, and a. Provisional Government over from tha t attempt. the Hawaiian Islands was established. A meeting was held on the same day ~ in the ba.ck room of a Thi~ history is very remarkable up to this point-a revolution lawyer's o ffi ce, to take action in reference to this peoposed pro- by proclam ation-commenced forthwith on and consummated mulgation. Tbe meeting at which there could have been pres- eventually by the landing of the United Stat ~s troops, who, how ant only a small number of persons, probably not more than two ever, it wa.s avowed, took no part in producing the result. dozen, appointed wha t they called a committee of safety com- B ~t still more remarkable facts appear from these papers, posed orthirt.een persorts "to consider the sitqation and devise which need now to be noted. 1 1894: CONGRESSIONAL R.EOORD-.SENATE. 3129 .' They are tnat Minister Stevens, though an avowed annexa duty of the President, with a treaty of annexation then pending, tionist and a bitter enemy of the Queen, h:td in letters .to the to investigate fully the situation. Secretarv of State prior to these events distinctly stated that The ·foregoing facts show the necessity for investiaation. there were not men enough Opposed to the Queen either to OVEr· They also show the necessity for somewhat enlarged po;ers on throw her Government or to maintain a government, if one were the part of the parson making the investigation. established for them. This fact was confirmed in the letter of The President could not certainly know, though he must havs the Hawaiian commissioners sent to the United States to make suspected stron;ly, that Stevens had abused his powers and had a treaty of annexation. In this letter t hey stated explicitly materially aided the revolution. "there was no long-er any possibility of efficiently and perma The President did know that in the opinion of the commis nently maintaining the public peace and the protection of life, sione::- s, 'I'hurstonandothers, sent to treat with the United States liberty, and property in Hawaii under the existing system of for t ·J.e transfer to the United Stu.tes of the sovereignty of the government, and that the only method of maintaining such per islands, the Provisional Government was not only unsafe and manent peace and security was by securing the assistance and unstable, but could not be made a safe and stable government, support of the Government of the United States, or of some for with efficiency to secure permanent pence and safety without eign power, possessed of sufficient force to prevent the future the support of some strong- foreig-n government, and that they possibility of revolution or despotic assumption of power in had put this forward as the main ground for annexation to the derogation of the rights of the people.!' United States, and that Stevens concurred in thii view. He This confessed inabiLity to maintain a proper government by knew that m artial law had been proclaimed, and that a protec ihe Provisional Government, thus concurred in by Mr. Stevens, torate was then in existence under the patronage of Stevens. was as a fact placed beyond all controversy by the application of Under these circumstances, to send a special commissioner, the Provisional Government on the 1st of February, just twelve with power to investigate, but without power to make the in days after it was established, for the United States troops on vestigation complete, would be not only futile, but an act o! ex shore to protect it. In that application the Provisional Gov treme folly. ernment confessed its inability to be a. government at all in that The necessity and the duty to investigate, to inquire, has been it was wholly unable to perform the first and most essential shown, and the power to do so by an agP-nt or commissioner not functions and duties of government. Aa their application is confirmed by the Senate is not disputed. Yet as illustrating very material, I shall rea.d it: my argument, I will cite some of the instances of the e~ercise of SIR: Believing tha.t we are unable to satisfa-ctorily protect life a.nd prop the power through the appointment of privp.te, special, or in erty and to prevent civil disorderB in Honolulu and throughout the Ha. formal agents during the session of the Senate without the ad- waii&n IsHmdl!l, we hereby, in obedience to the instructions of the advisory vice of the Senate. . 1 1 0 :C~fg~· ~r~heth~!~~il=: isf!;S:s t~~/ ~e ~~ee ~~~~da~~a~;s t~:t t~~l~~ I note only a few of them, and the first one I note in order to hflreby confer upon the Government of the United States, through you, meet that aspect of the objection made against Mr. Cleveland's fl·eedom of occupation of the public buildings o! this Government and of the soil of this country, so far a.s may be necessary for the exercise of such pro action that he appointed Mr. Blount as his special commissioner, tection, but not inter!erln~ with the administration of public atra.irs by this as if he were the autocrat of this country, and· as if Bloun~ were Government. his private representative, which has been criticised as an as We have, etc., SANFORD B. DOLE, sumption of autocratic power by the President, is one which P,·~staent 6.1 tM Pro11£tlonal Governmmt of the Hawaiian blands shows that George Washington, as early as the 13th of October, and Mmister of Foreign A.ffairs. 17_ 9, the very year in which be was inaugurated, appointed J. A. KING, .Minuter of Interior. Gouverneur Morris his private agent, nota public ag~nt, to make P. C. JONES, certain inquiries of the British cabinet concerning the disposi Jfini8ti1· o.f Finance. tion of that cabinet to carry out the treaty of commerce which WILLIAM 0. SMITH, AttorrwJ-General. -had been made between the United States and Great Britain. His Excellency JoHN L. ST:B:VKNS, So, if Mr. Cleveland is chargeable with having assumed some Envoy Extraordinary and Minister Plmipotentiary of the United States. what autocratic p~wer in aypointing Mr. Blount as his special The further fact appeared that the landing of the troops of the agent, he has the example o the Father of His Country, who ap United States, or even their presence in the harbor, had al pointed Gouverneur Morris as his private agent. ways the effect both of o;·era\ving- the people and the Govern The other cases to which I refer consist of an appointment - ment of Hawaii. ,I sh11ll read an extract on that subject. On made by Mr. Madison in April, 1815, when Augustus Neale dur November 9, 1892, Capt. Wiltse, then commanding the United ing the recess of Congress was appointed a special agent to pro States steamship Boston in Honolulu, wrote a letter to the Sec ceed to Halifax to ascert.. regard to a continuance of the existing connection with Spain, It will not be disputed that this additional power could have or in favor of i ndependence, etc., the Spanish means of resist been conferred if -Mr. Blount had been confirmed by the Senate. ance, moral and military; in short, all mformation tending to We have seen the precedents, and they are full and specific the formation of a correct estimate of the value of the island, its as to acts of investigation. But there are many precedents resources, its capacity to maintain its independence, etc. which justify appointments of special agents for other specific Another, M:11:ch 15,1354, when Franklin -Pierce was Presi diplomatic purposes than investigation, without the consent of dent, when Charles W. Davis was appointed during a ses.sion of the Senate. I call attention now to about twenty cases of that Congress special agent to ascertain whether the Africanization kind, and, as in the first case, the very fir.st example that I no of Cuba was in contemplation by Spain. tice is from the Father of his Country. Another, May 12, 18,)6, when M1·. Pierce was President, when August 11, 1790, Col. David Humphreys was on the eve of the Amos B. Corwin was appointed special agent to make a thorough adjournment of Congress instructed to proceed to Lisbon and investio-ation into the recent fl_-s5au1t upon citizens of the United delive·r a letter to Chevalier Pinto and confer with him on the States "'and the robbery and destruction of their property at subject of insuring" the reception and treatment with the requi Panama. site respect " of "the diplomat ic grade which alone coincides These all show that from the very beginning the power dur with our system." He was to return to Lisbon after two or ing the session of the Senate to appoint persons to make in three months to receive further instructions a:1d avoid in the ~ vestigations was exercised, and has never been displ.lted. meanwhile all suspiCion of being on -public business. The power· to in-vestigate carries with it the power to make Here there was. no investigation, yettheappointmentwaa made the investigation full, thorough, and complete. The investi on the day before the Senate adjourned. The nomination could g-ator should have an the powers necessary to-discharge fully have been submitted, by the President to the Senate, but he his commission. would not do tnis) but of his own motion, the Senate being in There are no l ame and no impotent powel'S granted by the session, he appointed a person to perform a high diplomatic duty. Constitution. They are aLvays plenary and ample to accomplish That was done by George Washington. the full purpose of each power. The President had a high and Aprill6, 1794, Nathaniel C. Higginson was appointed during solemn duty to perform, the highest of all possible duties of a a session of Co'ngress special agent to proceed to the islands of mere earthly character, to wit, the duty: Barbadoes, Tobao-o, Grenaaa, Madinico, Dominica, Antigua, First. To decide rightly a question which had been referred Montserrat, St. Christopher, San Domingo, Jamaica, and New to the United States, by the Queen's pr-otest, which had been Providence, to obtain a ''list of all vessels beloUQ'ing to citizens accepted by the Provisional Government, to wit: Her right to of the United Shtes which have been condemned there since restoration, coming from an alleged and appare~tly justly al Great Britain began to t ake part in the war against France." leged improper dethronement by the unlawful use orthe United He was-also to examine into all hardships which the American States forces. _ ca.ptains or crews have been exposed to by the conduct of the Second. He had a further duty, to-. decide whether this new courts or ships of war, public or private, and amongst other government, proposing to transfer the sovereignty of the islands things whether they have been plundered, insulted, on the trials, to the United States, had the rightful power to-do so, andes orinanymannerdeprived of a fair trial, etc. - pecially whether the United States were in such a position as to He had another specific duty besides making an inquiry. He authorize them to accept such transfer. was to examine cases in which American vessels had been con Third. The honor and fairness and good faith of the Gov- demned by prize courts, and where there was a proper cMe to -ernment were involved. Th-ey called for a full investigation. enter appeals on behalf of the United St.. 1894. CONGRESSIONAL RECORD- SENATE. 3131 December 13, 1822, William McRee, of Virginiat was _during make an appointment of a representative to make a treaty, just ases ionofCongress appointed agent and commissary to demand as he may to investigate without the assent of the Senate, but delivery of the Florida archives at Havana, "and also to make I shall ahow after awhile that there is nothing in that point to such representation to the governorofCubaasmay be advisable affect this question. I want to show now, and I can show, that for the suppression of the piracies which for sometime past have the mission was not to make a treaty, as is shown by the com so severely annoyed the commerce of the United States." mission given to the ministers. It alludes to no treaty and fails There was no investigation there. to state that what was 3132 CONGRESSIONAL RECOR.D-SEN.ATE. MARcH 20, been increased during such time; and n.o person holding any omc~ under I remark or criticism that that is merely to perform a perfunctory theUnitedStatesshallbeamemberofeitherHouseduringhiscontmuance dutvofbr·l'ngl'ngaboutt b t t t' t' t · 1n omce. . : . erms e ween wo nego 1a mg coun r1es That is a plain and specific provision, and yet, sir, in the case whiCh are~ be a;fter'"!ards submitted to the Senate of ~he United of the Brussels monet'l.ry conference the Senator from Nevada States ~or lts _ratificatiOn and npproyal1 and th~t nothmg final?~' [Mr. JONES] and the Senator from Iowa [Mr. ALLISON] were ap- d~termmate 18 fixed by the negotmtwns wh1ch such commlS· pointed commissioners on behalf of the United States. In the swn~rs ca~ry <;m. , . • • Bering Sea. tribunal, the gre::tt tribunal which settled the dis- 1 call attentiO.n to the. fact that ~n the mstance of the appomt pute between the United States and Great Britain in reference n~.ent of t~e ar~ltrators 1? the ~enng Sea matter they wer.e spe· to the Bering Sea fisheries, the Senator from Alabama [Mr. Clally charged 10 a certam co.nt~ngency by th~ seventh art1cle of MORGAN] was appointed. In everything but tenure these plac3s the tre~ty between Great Br1tam and t?-e Umted s.tates to m~ke were offices under the authority of the United States. They re gul~tH~ ns that should go_vern the takmg of se~ls1? the Bermg were created by law; the duties were prescribed by law. Some Sea a d 10 the North Pac.ific that wer~ to be bmd1ng and were part of the sovereign functions of government to be exercised to.~~~e force and effect from the fir;tdmg and statement of the for the benefit of the public were vested in them. They had aro~tra.tors ~hemselves. The regulat~ons were not to be !eJ?Orted also emoluments. In the case of the Brussels conference they to tne President and approved by h1m., but the c~mm1s~wne rs were to meet commissioners from other nations and confer, as I theli_lselves. were to fix the terms on wh10h seal fishmg might be will read. The statute declared that- carried on 10 that great scope of the North Pacific. The President of the United States is hereby authorized to appoint five Mr. GEORGE. The remark made by the Senator from Dela commissioners. ware as to the finality of the action of the Berino- Sea commis sioners, whilst I do not think it adds anything ""to the force of I hope those Senators on the othe-r side of the Chamber who the p:Jsition that they are not officers, does answer very conclu have made such complaint about Mr. Cleveland using the word sively the contention made upon the other side upon that sub "commissioner" will take note of that fact, inasmuch as they ject. claim that the term "commissioner" is fixed by law to mean a Mr. FAULKNER. I ask that the unfinished business be tem diplomatic officer. The statute declares that- porarily laid aside for the purpose of allowing the Senator from The President of the United States is hereby authorized to appoint five Mississippi to continue his remarks. commissioners to an international conference * * * with a view to secure, int.ernationally, a fl.xHy of relative value between gold and silver, as money The P.H.ESIDING OFFICER. Is there objection to there by means of a common ratio between those metals, With free mintage at quest made by the Senator from West Virginia? The Chair such ratio. hears none, and the Senator from Mississippi will proceed. And $80,000 was appropriated !or the purpose of paying the Mr. GEORGE. Mr. President, I wish to show what a dis expenses and the compensation of the commissioners. tinguished member of this body thought upon the subject of the Mr. President, I suppose that a mare important mission was Bwssels conference. I read from the CoNGRESSIONAL RECORD never committed to a citizen of the United States than was com of March 22, 1893. The Senator from Massachusetts [Mr. HOAR], mitted to these men, the Senator from Iowa LMr. ALLISON] be after quoting the clause of the Constitution that I have just read ing one of them, and the Senator from Nevada [Mr. JONES] which prohibits the appointment of any Senator or Representa another. They had charge of the biggest and most important tive to a civil offica under the United States, said: question that has ever arisen during peace in our history-the en A practice seems to be growing up ot establishing certain public duties or dewor to get an international agreement about tbe free coinage functions, which are in all respects analogous to those performed by civil o!'ficers, and imposing them upon members of this or tho other Hou;e. The of silver. Yet those men were Senators, and the President vio Presidentot the United States has within the last yearsentabroa.d members lated the Qonstitution of the United States in appointing them of thi;; body, whom we all esteem, m~n fi tted for the grave and del1c:1te re while Senators. if they were officers in the constitutional sense. spcnsibili~ies whi.ch wer~ imp_osed upon tb.em, to represent this country in They were selected, I believe, during the session of the Senate dealmg w1th foreign natiOns ill one case, and in another country before a great tribunal which is to de termine a great interna.tion~l dispute. It is and their names were never submitted to us for confirmation. a very serious question in my mind whether such function 1S not the func But whether that be correct or not, if they were officers in the tion of a civil otficer. and whether all the reasons which the framers of the Constitution had tn the prohibition which I have read do not apply to such constitutional sense it was a gross violation of the Constitution a case as that. - on the part of the President to appoint them and as gross a vio lation on the part of the Senatord to accept the appointment. That was what the Senator from Massachusetts said in the Then there is another case. The treaty between the United opening of the debate. After it had proceeded awhile t he Sen States and Great Br·itain provided for the apJ?ointment by the ator used the language I am about to read. He was at that President of two persons to repre~ent the Umted States at the point replying to a stawment made by the Senator h·om Iowa conference which was to settle the dispute about the Bering [Mr. ALLISON] that he was not an officer because he had not Sea. Call them arbitrators, call them commissioners, call them taken an official oath. The Senator !rom Massachusetts replied judges, call them what you please, they were charged with the to that in this way, and in that he declared more clearly his h1ghest duty that could be performed by any subordinate officer opinion upon this question. in the United States. They had to settle the question of the jur Now, my honorable friend- isdiction of the United States and of Russia over a lat·ge part of the Referring to the Senator from Iowa fMr. ALLISON]- Pacific Ocean, and they were to do various things which involved sa.ys it was not an office, because he did not take an oath, because no oath the very highest powers, the very gravest duties. Yet when the was required, and because there was no emolument. It seems to me President came to select the men to perform that duty", if they whether a particular function be that of a public olilce depends not upon were officers, he violated the Constitution as I have read the the safeguard of the oath, but upon tha thing to bo transac\.ed, and if the receiv?-ng inst:ructions from the Pr~sid_ent of tho United ~tates, bearing clause to the Senate, by selecting a member of this body, the those 1nstructwns abroad, commun1catmg them ·to the representatives of Senator from Alabama LMr. MORGAN], and he violated it further a foreign government, enforcing them in debate, hearing and weighinO' their by not submitting· the n ame of the Senator from Alabama to the views in return, reporting them to his own countrymen, and concurring in t-he action of a body whose action, it unanimous. is very likely to ef!ect and Senate for confirmation. In nothing did those men to whom I bind the action of the governments represented. be not in its nature and I have alluded differ from officers of the Government of the essence a public omce, then it seems t.o me that the function of no foreign United States under the Constitution except in the tenure of their ambassador or agent, special or general, envoy ordinary or envoy extraor offices . din.ary, is a public ofticc. .rhis tenure or term did not expire by efilux_of time, but only, I read that, sir, not to show that they were officers, because I as in Mr. Blount's case, by tbe performance of the snecific duty do not think they were, butt::> show that in the opinion of a dis for which they were appointed. As was shown by the Senator tinguished member of this body the functions of those men were from Delaware [Mr. G RAY] the other day, where the appoint exa~ tly the same as thos9 of officers and that they essentially mentis made for the performance of a specific duty or specific ·were officers. And if it depended alone upon the functions which duties, then the term of the offi cer or the term of employment, they were to p3rform, he would have been correct. They are or the term of the employe ended with the performance of the not officers solely bec:1use they did n ot have the constitutional duties, and by the settled rules of law, in that case they are not t enure and for no other reason, as I will show before I get through. officers. I shall S3.Y more about thg,t directly. Mr. HOAR. Will the Senator from Mississippi allow me to Mr. GRAY. Will the S.mator from Mississippi allow me to interrupt him? interrupt him for a moment? Mr. GEOH.GE. Certainly. Mr. GEORGE. Certainly. Mr. HOAR. Perhaps before the Senator gets through he will Mr. GRAY. _Before the Senator leaves the very interesting give us his views in regard to another suggestion connected and important precedent of the appointment of the Bering Sea. with the s::-.me matter. If it is more convenient to him, as he arbitrators I wish to bring a fact in connect on with their duties has been interrupted, I will call his-at tention to it now instead and powers to the attention of the Senate and of those Senators of later, when he may be speaking on another point. I should who seem to settle and dismiss from consideration all these in· like to ask the Senator whether he maintains that it is within stances in which commissioners have been appointed by the the power of the President of the United St1tes to impose the President of the United States to negotiate treaties with the crdinary functions of executive office1·s descl'ibed in the Consti- 1894. CONGRESSIONAL RECO:RD-SENATE. , · 3133 tution, the method of whose appointment is there limited, December 28, 1844, Delazon Smith was appointed during a whether the term of office is limited or not, and have all those iession of Congress spacial agent, and empowered to negotiate functions completely accomplished and performed by persons concerning claims of citizens of the United States upon the Gov who are not executive officers. ernment of the late Republic of Colombia and upon the Govarn Mr. GEORGE. Is that the question? men•t of Ecuador. Mr. HOAR. That is the question. I do not ask the Sel\.c1.tor June 15, 1850, A. Dudley Mann was appointed during a ses to am;wer it in his first sentence, but if he deals. with the general sion of Cong-ress special agent, and empowered to negotiate subject I should like to have his views upon the question I have concerning friendship, commerce, navigation, etc., with Switz-· submitted. erland. Mr. GEORGE. I will answer it. It has been conceded all January 27, 1832, Edrrw.nd Roberts was appointed durin~ a along in this debate that the President mav appoint persons session of Congress special agent ' 'for the purpose of exa.mimng called envoys, ministers, ambassadors, commissioners, charges in the Indian Ocean the means of extending the commerce of d'a:ffaires, or whatever you may be pleased to call them, for the the United States by commercial arrangement with the powers specific purpose of making a treaty. It has been conceded that whose dominions border on those seas." He was directed to he may make the appointment during the session of the Senate first proceed to Cochin China, to inform himself as to the trade and without submitting to the Senate the name of the person so carried on between that kingdom and other countries, the na appointed. That seems to be conceded. ture of products, etc. Upon reaching- the capital he was to pre Mr. HOAR. If the Senator from Mississippi will pardon me, sent himself to the King with his credentials and gain permis I will state that I do not think it is conceded. sion for the admission o! United States shirs to hie harbors for Mr. GRAY. It is conceded overwhelmingly. purposes of trade~ etc. He was also empowered to conclude a Mr. GEORGE. Does the Senator from Massachusetts deny commercial treaty with the King. The same instructions were that? to guide him in his missions to Siam and the powers of Arabia Mr. HOAR. Yes; I deny it. Let the Senator be more care on the Red Sea. Empowered as commissioner January 2 ;3 ~ 1832, ful and observe what he has just said. to negotiate with Cochin China, Japan, Muscat, and Siam con.: Mr. HIGGINS. We on this side can not hear what the Sen~ earning commerce and navigation, to which countries he had ator from Massachusetts says. letters of credence. Mr. HOAR. The Senator from Mississippi says it has been He was sent by Gen. Jackson. There are num~rous other conceded that the President may appoint ambassadors, charges precedents of tliat sort. I have always understood during this de d'affaires, ministers, or whatever else, using the constitutional bate, I may have misunderstood the Senators, that they claimed phrase, persons to be a.ppoin ted by the ad vice and consent of the that the right to make these selections for the purpose of nego Senate, without the advice and consent of the Senate while the tiating and making treaties camo from the fact that the Presi Senate is in session. I h ave heard no such concession. dent was authorized by the Constitution to make a treaty, and It has been conceded that one of the things usually done by theeefore was entitled to make those appointments. Is tha.t the these officers, to wit, to ascer tain and report the opinion of a understanding of the Senatorfrom Delaware [Mr. GRAY]? Does _foreign government or to convey to a foreign gove1·nment the he understand that to be the argument? orin ion of this, m ay be dona by a messenger who is nota charg2s Mr. GRAY. That is as I understand it. d ati'airei, or minister plenipotentiary, or ambassador. That Mr. GEORGE. That is the way I understand it. has bean done. But I have heard nobody concede, certainly not Mr. TURPIE. I wish to ask the Senator from Mississippi myself, certainly not my honor a-ble friend from Minne ota [Mr. whether he desires to state also that all the appointments he DAVIS], that these constitutional officers may be appointed dur has cited were made during the sessions of Congress without the ing the session of the S :mate without ita consent. That is the advice and consent of the Senate. distinction-it is one distinction, at any rate-between the case Mr. GEORGE. I do wish to so state as to every single one of of Mr. Blount and all the other cases which are cited as preca them, except, possibly, Mr. Walker, appointed in May, 18::18 . As dents on the other side. 'rhe Presid~nt did not simply direct to him I am not certain. The Senator from Delaware [Mr. Mr. Blount to ascertain whether our troops ought to be with GRAY] calls my a ttention to the appointment of Gen. B abcock drawn, and then direct the naval officer to withdr aw them if during the session of the Senate, without the advice and con Mr. Blount was ol that opinion. He did not simpiy direct Mr. sent of the Senate, who was sent to S an Domingo. At any ra.te, Blount to tell him what was the state of affairs in Hawaii. He there are numerous instances coming down from the earliest pe added to that, "Do this, and also, until otherwise ordered, ex riod in which the President of the Unit~d States has commis ercise supremely all t4e functions of a constitutional officer with sioned, appointed, and selected men to negotiate treaties. There out the consent of the Senate." I should like to ask my friend is the very late case during the former Administration of Mr. from Minnesota if I am right in the st ~tement. I shall not in- Cleveland. He selected Mr. Putnam and Mr. Angell to assist in terrupt the Senator from Mississippi fur ther-. - making the fisheries treaty with Great Britain without sub Mr. GEORGE. I stated it no further than this-- mitting their names to the Senate. Mr. DAVIS. Will the Senator from Mississippi yield to me The diplomatic history of the country is full of appointments for a moment? of tht>.t sort, and these appointments, as the Senator from Dela Mr. GEORGE. Certainly. ware [Mr. GRAY] understood and as I understood and as I have Mr. DAVIS. Supplementary to what the Senator from Massa no doubt the record will show, have been justified upon the chusetts has said, giving the subshnce and e:ffectof Mr. Blount's around that the President is authorized and empowered by the authority, I will state that the language of his letter of credence Constitution to make treaties, and that he may eelect a person was that in all matters affecting the relations between the two to make a treaty, call him what he will, and that the appoint governments his authority should be paramount. ment is valid because the treaty has to come b a.ck to the Presi Mr. HOAR. That is the lan~uage. dent and be r atified by him and by the Senate before it takes Mr. GEORGE. Mr. President, I stated that it has been con effect. If that is not the position of the Senators I do not under ceded all along that the President might appoint persons, stand it. I claim that upon another ground, which I will state whether they were called ambassadors or what not, who were to the Senate, that all those appointments of persons to nego charged with the specific duty onlyof drawing up and signing a tiate treaties are butanexemplificationand an illustration of the treat,r on behalf of the United States. rule which I shall show to exist in the Constitution of the United If that has not been conceded, then I have mistaken the con States, that these persons are not officers because they do not cessions made, and I will be compelled to do what I did not in possess the tenure prescribed by that instrument as necessary to tend to do-to cite some precedents upon the subject. constitute an officer. All these appointments, including those On May 3, 1838, Nathaniel Niles was appointed during a ses to make treaties and to investigate, and the others I have al sion of Congress special agent, and empowered to negotiate a luded to, are justifiable on the ground that the appointees have commerdal convention respecting the admission of American not the constitutional tenure, and on no other ground. tobacco into the ports of Sardinia and in regard to the trade The precedents relatina to treaties are admitted; but it is generally between the two·countries. That is one case. claimed they are justified because the treaty is not valid till On July 23, 18136, George H. Bates was appointed during a ratified by the President and the Senate, and the Constitution session of Congress special commissioner to visit Tonga, to the gives the President the power to make the treaties. But this end of concluding and signing a treaty of amity, commerce, and is not the true reason; for, first, the negotiations which result navigation; in a treaty are the most essential part of the trea,ty making. May 19, 1888, John G. Walker was appointed. during session On that point 1 desire to read to the Senate what was said by of Congress secretary of legation and consul-general at Bogota, the distinguished members of the Committee on Foreign Rela and empowered to treat concerning a settlement of the claim of tions when they ware attacking Mr. Cleveland in 18')~, about Julio R. Santos, growing out of his arrest and imprisonment and the fisheries treaty. They complained, and it seems Mr. Cleve for his injuries and losses sustained at the hands of the author land can not do anything in our foreign affairs that will sat ities of Ecuador. isfy the gentlemen on the other side. The report of the ma- ,3134 CONGRESSIONAL RECORD-SENATE. MARcH 20, jorit.Y of the committee, presented by Judge Edmunds, on page claim indemnity, to obtain redress for confiscated property to 17, says: promo.te rela~ions of friendship and obtain indemnity, to de These plenipotell tiaries- mand 1ndemmty, to demand delivery of archives, to remonstrate Referring to Mr. Angell and Mr. Putnam- against forcible seizure of property, relatino- to :;ettlement of ~ame t o a conclusion of their labors on the 15th-of February, 1888, and the claims, to purchase and improve land for a ;emetery, to obtain bffices of "plenipoten_tiaries" termin3.ted, and the result was rea{!hed with documentary evidence, to coJperate in bringino- about peace be out the advice a!ld consent of the S ena.te having baen asked or taken con tween two forBign countries, and to bring aboutsettlementof dis cerning the selection of these public ministers, and without any communi cation-to either Honse of Congress concerning this most important subject. putesal;>out the boundary between two foreign countries. Appomtments to perform all of these duties h ave been made It is no* answer to* this sugge3tion~ to~ say- * * * without question by the ablest Presidents of the United States The very argument they ma,ke here now- up to the p.resent time withou.t the consent and advice of the Senate~ and were made durins; the session of the Senate. that an arrangement thus .concluded ca.n not be valid or effectual without the advice and consent of the Senate, for the rights and interasts of the In all these the employment, or office, if you so call it is not people of "the United States ·might be so neglected, misunderstood, aban of the kind named in the Constitution as an office. ' doned, or sold by President's "plenipotentiaries" as to greatly embarrass, The Supreme Court said in the case of United States vs. Hart- if not defeat, their u ltimate reassertion in better times and under better ad ministrations. though it is hoped tha.t such will not be the ca.se in respect of . well, 6 Wallace Reports, that the term "office" embraced the these negotiations. idea of "tenure," among others. That is, an office without a So it is clear that the position assumed, that pe.rs~s selected fixed legal tenure is not po3sible. When we think of ''office" to negotiate these treaties may be selected without the advice and we necessarily include the idea of tenure or of duration of duties consent of the Senate during the session of the Senate, can not or the estate of the incumbent in the office. When we refer to "be justified upon the ground that the President has the right to the clauses of the Constitution under review we find that'' ten make the treaty, but must be justified on soma other ground. ure," and that of a particular kind, is a most important a most This argument is further answered by tnis: if the power to essential idea embraced in office as therein referred to. ' make a treaty may be transferrBd to-another on the ground that In every instance in the Constitution in which an office is es the treaty can not become operative until itreceives the sanction tablished the tenure or term or the estate of the officer in t.he of the Senate and of the l;'resident, then for the same reason office is invariably fixed, either by express words or by an impli· the President may delegate the power to nominate a person to ca~ion clea r and indisputable. The terms of officeof Represent· the Senate lor appointment to office. The Constitution in one atives and Senators and of President and Vice-President and case--says he shall make tr-eaties by and with the advice and con judg~s a:e expressly fixed. The terms of all others are fixed by sent{)f the S enate, and in the -other, he'ShaUnominate,etc., and, II?plication, wh~se force has been recognized from the begin by like adviee and consent, appoint. n.mg. In the F1rst Congress, after a great debate, it was set So I ·claim that all rthese appointments to .maike treaties come tled that the terms of all offices, other than those whose terms within the rule stated by the Senator from Delaware [Mr. GRAYl had been expressly fixed by the Constitution, were, during life, "in h :s speech, and wliich I -shall undertake to show is the rule subjec~ to r emoval by the President or by impeachment. After· clearly fixed by the Constitution of -the United States. war ds ~twas settled that power is vested by the Constitution in We have seen sir, h{)W these appointees are made to-perform Congr.ess to !'educe the life. tenure to a specified number o! years the most imoortant functions -of diplomatic officials of a particular grade, to enter appeals1 to of the Senate. i;a;ke possession of Florida, to bring·aboutreestablishmentof,dip- The vacancy :can be '.filled in no other mode than by granting 1omatic relations with Spain, to secure ·release of 'J)rison.era, to a commission "which shall expire" at the time stated. It shall 1894. CONGRESSIONAL RECORD-SENATE. 3135 expire then, and at no other time. The appointee is an officer mined by efflux of time, which time would be abridged by a com till that expiration, and not one moment longer and not one mission expiring at the next session of the Senate. It must moment shorter. therefore result that it does not refer to an employmentlike that A s the vacancy can be filled in no other mode than by granting of Mr. Blount, which, being for the performance of a specific duty, a commission which shall expire at the end of the next session necessarily terminated with the performance of that duty and of tho Senate, it follows that no office can be thus filled the ten not by efflux of time. There was nothing in Mr. Blount's employ ure or term of which is inconsist-ent or incompa.tible with the ment, if public, but the duty to make the inquiry intrusted to tenure fixed for the recess appointee;·that is, would not in reg him by the President, including the performance of such acts ular course expire by e.fflux of time, which time would extend as were subsidiary to and assisting in the inquiry, and nothing beyond the term fixed for granting the commis.3ion; that is, be remained of his employment after that inquiry was finished. It yond the end of the next session of the Senate. was not an employment, therefore, which, if it began in there The argument which sustains this view is unanswerable, both cess of the Senate, could be made to terminate by efflux of time, when considered with reference to the words of the Constitu or the expiration of the next session of the Senate, or in any tion, and also when tested by the -policy which the Constitution other way than by performance. An -attempt to do so would manifestly established. be an attempt to confer on Mr. Blount something essentially dif By the Constitution the Senate is not strictly, as it is some ferent from the employment he held. times stated, a part of the appointing power; but that is imma In strict analogy to this is the tenure of office of electors of terial. The Senate, at all events, have no power of naming or President and Vice-President. These persons are in all respects selecting the person to be appointed. They can only a'3sent to officers of the United States when tested by the usual definition or refuse their assent to an appointment to be made solely by of officers, except in tenure. the President, of a person selected by him alone and named by The office of elector is created by the Constitution of the United him alone, for their ad vice and consent. The ad vice and con Stn.tbs. His duties are prescribed by the Constitution. His ten sent of the Sena.te amounts to nothing more than making the ure is fixed by the Constitution. His duties are Federal, to elect person eligible for appointment to the particular office for the a President and Vice-President. His qualifications are fixed by full constitutional term. the Constitution of the United States. He would therefore be a The Senate will remember that in a very early case, in Mar Federal officer but for the fact that his tenure is not of the kind bury vs. Madison, Chief Justice Marshall held that after the con fixed by the Constitution. for all Federal officers. firmation took place, then theactof appointment was to be made. It is determined, ended, by the performance of the duty pre It is a loose and incorrect idea s·ometimes entertained that the scribed, or by a refusal or neglect to perform them on the day ratification or the confirmation of a nominatjon, or the giving fixed by law, passed in pursuance of the Constitution. He has of the ad vice and consent of the Senate to a nomination, is in been treated not as a Federal officer from the beginning. He fact the appointment. It is only the authority to make the ap takes no oath of office, as every officer of the United States is pointment and only shows the eligibility of the nominee to bound to take. His compensation is paid by the State. appointment for the full constitutional term. If their ad vice That he is appointed by the State is not a determining- test, and consent be refused, still the nominee may be appointed in for he is appointed by the State in the performan0e of no-t only vacation to hold till the end of the next session of the Senate. a Federal duty, but of a Federal function or power. So the Presi Officers, when appointed, whether by the advice and consent dent and Vice-President are appointed by the States. They are of the Senate, or by the President alone, are in all respects full Federal officers undoubtedly. constitutional officers with the same powers and rights and du But, Mr. President, as strong as the argument is, as strong as ties. The advice and consent of the Senate add nothing to the the precedents a.ra that Mr. Blount's employment does not con constitutional powers and duties of an officer, nor does the want stitute him an officer, parties who arraign the President for his of such advice and consent detract from them. The powers of appointment are driven as a last resort to this: That the Presi the recessappomtee are in every respect as full, as perfect, as that dent called him a special commissioner~ and that by a statute of of the session appointee, made with the ad vice and consent of the United States a diplomatic officer is defined to include a the Senate. The ad vice and consent of the Senate, though we commissioner. The argument seems to be that, as the statute Senators are apt to think otherwise, do not, like the laying on says a diplomatic officer includes a commissioner, as Mr. Blount of hands in the m·dination of a priest or minister, impart any was appointed a commissioner by the President, therefore he peculiar grace, power, or excellence to the officer-. must be a diplomatic officee, and therefore his appointment was The only constitutional difference between officers appointed in violation of the Constitution vf the United States in not hav in the one mode or in the other is simply the tenure or term for ing been submitted to.the Senate. which he holds the place. When appointed with the advice The answer to this is twofold. The meaning of the term · and consent of the Senate the office1• holds, if a judge, during "commissioner" is defined only as it is used in that particular good behavior, or if an executive officer, for life or for the stat statute. utory term of four years, in cases where that term has been It is a definition only for the interpretation of that sbtute. fixed by Congress, subject, of course, to removal by the Presi Its whole force is to show what Congress means in that statute dent, or by impeachment. When appointed by the President when they use that word. There is no attempt to define the word alone, in the recess of the Senate, he holds until the ex-piration when used by the President, or by any other person, or in any of their next session. And he holds until then, though his name other statute. may nave been in the mean time submitted to the Senate andre Mr. President, we have many commissioners recognized by jected; and after such rejection his powers are just as full as be the ln.w of the United States. There is a Commissioner of Pen fore: and, after the expiration of the next session, he may be ap sions, a Comm.issioner of Internal Revenue, a Commissioner of pointed again with a tenure to expire at the end of the next. Education, a commissioner to take evidence, and various other succeeding session. kinds of commissioners, and yet it is not insisted in any other Then, as it is manifest that the only distinction between an case than this that when the word" commissioner" is used it is officer appointed one way and an officer appointed in the other meant a diplomatic officer. is one of tenure, and that the Constitution in requiring the as The powers of Congress may be great and multiform, but it is sent of the Senate does no more than give to the officer a dif not among them to go into the business of the lexicographer and ferent tenure than that given to one appointed by the President fix the meaning of words for mankind or even for the American alone, can there be a doubt that the tenure of the recess ap people. Congress, in order to make clear their own meaning, pointment is less than the tenure of the other? This tenure may arbitrarily, without reference to the true signification of a must be the SQ,me in both cases, or greater or less in the recess word, say that when they use a particular word they use it in a appointee than in the other? It is manifestly not the same, for p:1rticular sense, but they can not give t~anyword a signification the commis3ion of-no other officer expires at the end of the next which everybody or anybody is bound to adopt when using it. session of the Senate. It can not be greater, for in many cases Every human being has the same power of defining the meaning that would be impossible, both in cases of life appointments and of any word he uses as that possessed by Congress. Tha power in appointments for a term of years, and besides it is absurd to of Congress as to the signification of words is not an inqependent suppose that the Constitution meant to give a greater tenure delegated power over the English language. to provisional appointees who, as the result of an unforeseen Whatever this power is, it comes from the necessit.Y of using accident, were allowed to be appointed by the President alone words in making a statute and the manifest propriety of using than to those appointed with the regubr constitutional assent such language as will express clearly the meaning of Congress. of the Senate. So Congress, instead of using a circumlocution to express an idea, '.C;.~ tenure or time or estate of the officer must therefor.e be may, when that idea is to be expressed, use any word, and say less than l;b.at of a regular session appointment. by that word in that statute that Congress means so and so, or It has thus bet>!l established beyond controversy that the Con conveys the idea expressed in the definition. stitution in the clauses under consideration refers alone to ap Congress in legislating under the Constitution may use a word pointments oi' officers whose te1ms or tenure ol office are deter- which is also used i.n the Constitution, and say when they use . f. 3136 CONGRESSIONAL RECORD-SENATE. MARon 20, that word tney mean this or they mean that, but Congress has no the ministers, when ministers were temporarily absent they power to enact that a particular word usea in the Constitution turnedoverthe diplomatic functions of the embassy to these sec shall have a particular meaning in the Constitution itself. retaries of legation as charges d affaires; or, in other words the For instance, Congress may say that in a particular statute ministers themselves appointed charge d'affaires upon theit· 'own they use the words "public ministers 'in a particular sense, and, responsibility. Congress did not like that, and so on the 1st of if they say so, thl.t meaning, in construing that statute, that is, May, 1810, Congress passed a law to this effect: in ascertaining what Congress meant in enacting that statute, That to entitle ~ny charge des a:f.'raires, or secretary of any lega tion or em must be followed, however foreign such meaning may be to the bassy to any foreign country, or secretary of any minister plenipotentiary, true and usual meaning of the word, or to its constitutional to the compensation hereinbefore provided they shall respectively be ap· pointed by the President of the United States, by a.nd with the adVice and me .ning. consent of the Senate; but in the recess or the Senate the President is hereby But Congress has no power to affix a meaning to" public min authorized to make such appointments, which shall be submitted to the Sen isters," as used in the Constitution, different from that which ate at the next session thereafter, for their advice and consent; and no com pensation ~hall be allowed to any charge des a:f.'raires, or any or the secre appears in the Constitution itself. t- ~ries herembefore described, who shall not be appointed a.s aforesaid: Pro But more than this, Mr. President, Blount was not appointed vtded. That nothing herein contained shall be construed to authorke any a'' commissioner," but only a'' special commissioner." A '' spe appointment, etc. cial commis::;ioner," like a special agent, has limited power to !'hat_ is a plain prohibition of the appointment of charges d'af do a particular thing, and not general representative powers. faires m any other way than by the President of the United The statute uses also the word "agent," and defines it as States. meaning the same as "commissioner." Is it true that the Presi Now, what i! the practice? I have before me a report made dent can not appoint a special ag-ent to do anything without the by Mr. Clay, when he was Secretary of State, dated January 31, consent of the Senate? 1827. Notwithstanding that st ~• tute, charges d'affaires were ap Mr. President, there is another argument which is complete pointed by the ministers or by the President without submitting and distinct, and independent from the one I have just made, their names to the Senate. In 1827, when the House of Renre and this last shows disinctly and unanswerably that Mr. Blount·s sentatives contained some of the most distinguished men who . employment was not an appointment to an office. ever sat in it-1 believe Mr. Webster was a member, and Mr. All officers o f the United States must be appointed in one of John Forsyth, of Georgia. was a member-they passed a resolu these ways, either- tion calling upon Mr. Clay, who was then Secretary of State, to First. By the President, with the consent of the Senate; or answer cet•hin inquiries, and one o! the inquiries was the fol Second. By the President alone in vacation; or lowing: Third. By act of Congress, authorizing it as to inferior offi Whether any, a.nd, if a.ny, what number of cha.rgt'is des a.:f.'ra.ires have been appointed since therour ~h day o! March, 1789, without the advice and cers .· consent or the Senate; and whether, in a.ny case, such appointment has been Appointments may be made by the President alone, or made after notice had been given of t he intention or the minister abroad to Fourth. By a head of one of the Departments or a court of return, and after his successor had b ean appointed. law. That was the first inquiry. The statute which I have read There is no other method known to the Constitution by which was passed on_the 1st of May, 1810, which prohibited the ap a public minister or consul or other officer of the United States pointment of a charge d'affaires except by the President, wl.th can be made. And whenever a public agent is made in any other the ad vice and consent of the S e n <:~. te, and if in vacation he was way he is not an officer of the United States unless he is one of required to submit t heir names to the Sena.te when it m et ; and the special officers na med in the Constitution, as the President compensation was denied to any man appointed in a different or Vice-President. 'fhat is, if a person having rightfully a pub mode. lic employment is to be considered as au officer of the .Govern Now, what is the answer of Mr. Clay on this subject? I ment of the United Stat 3s, in a constitutional sense, he must be find there were eighteen appointments of charges d 'affaires appointed in one of these ways, and if h e has such public em made between 1810 and the d ate of this r eport by the ministers ployment rightfully without such appointment he is not an offi themselves, every one of whom, according to the repoet made cer of the Government of the United States. There can be no by Mr. 'Clay-for here is the account-everyone ,,.as, if they were disp ute of this proposition. o tli cers, paid in violation of the express terms of the statu te. Now, sir I wish to call attention to some practices of the Gov Now, let us see if there is a prineiplewhich can justify the ap ernment, both of the legislative and of tbe e xecutive depart pointment of the cha rges during all this long period of time ap m ent, upon the subject of appointing persons to public employ parently in expre!s violation of the statute as well, as it seems, ment, which appear to be offices, but which are not offices, be causa against the Constitution of the United States. It is found in the pm·sons are not appointed in pursuance of the Constitution. the fact that the principle undertaken, and successfully under There is a statute, section 1695 of the Revised Code, which au taken, to be sustained by the Senator from Delaware the other thorizes the President to make rules as to the appointment of day that temporary appointments,· appointments to perform a certaindiplomaticandconsular officers. Paragraph 87 of the reg particular duty, are not considered as officers in a leg al sense. ulations made in pursuance of this statute by the President of the It justifies the argument, which I have made, ths.t, under the United Sbtes for the government of our diplomatic and consu Constitution of the United States, all the United StR.tes officers lar officers provides that in case of a vacancy of consul and vice have a fixed tenure under the Constitution, and that when a man consul both, which requires the appointment of a person totem has not. that tenure he does not possess an office under the Con porarily perform the duties of the consulate, the diploma tic stitution of the (Jnited States. representative of the (Jnited States in that country has au Now, let us see. These men held temporary appointments. thority , with the consent of the foreign government, to make a Not one of them held until the expiration of a certain length of temporary appointment; and paragraph 88 requires that the ap time. They did not hold for life unless removed first by the Pres pointees to such vac!Ulcies shall be designated by the title of ident, but the appointments were temporary, and terminated vice-consul, vice-commercial agent and not acting consul and upon the return of the absent minister in case they were ap acting commercial agent. pointed during his absence, or their tenure terminated upon the And yet when these appointments are made by the diplomatic appointment of a minister in case they were appointed when representative, with the consent of the foreign government to there was no minister. fill the temporary vacancy, they possess all the powers and can Now, I want to show to the Senate how strong that principle perform all the duties, and they assume all the responsibilities is in the Constitution of the United States. Mr. Clay, in an of a regular vice-consul, or vice-commercial agent, appointed in swer to the further inquiry, states that- pursuance of the Constitution of the United St:I.tes, and the only th~n~~~e~f~~~cfe~ . t~~~~Pgfat~e aB~g~~~n{n hta:e b;:~e;o~t~~~~~~: difference (and it is that difference which makes them no offi ance. Mr. Russell, Mr. Lawrence, Mr. Jackson, Mr. Brent, Mr. Hughes, and cers) is that 1h ey do not have the tenure prescribed by the Con Mr. Sheldon, and in two cases (those of Mr. Erving a.nd Mr. Harris) after the st~tutionof the United States. They have the powers, duties, and intervention of several sessions of the Senate. responsibilities of officers; they are in every sense officers except And they were all paid the statutory salary of a charge d'af alone that they are appointed for a temporary period, for a pe faires. I will read that to the Senate to show how strong that riod not recognized in the Constitution of the United States principle is in the Constitution. Mr. Erving received a salary for officers; and that is the reason why they are not officers. as charged affaires at Madrid, from the 24th of October, 1805, to Now, Mr. President, I comA to a very interesting part of the April, 1810, four years five months and thirteen days, at $4,500 history of this Government upon that subject and it illustrates per year. That was before the act of 1810. Now, let us see as very fully the argument which I have attempted to impress to another one, Mr. Harris. Mr. Levitt Harris received a sruary upon the Senate. from the 17th day of April, 1814, to the 21st day of February, 1817, It is a fact that up to the 1st of May, 1810, secretaries of lega nearly three years, under an appointment made by the minister. tion were appointed by the ministers themselves. They aredip· ThAre is no ju~tification for that action, except on the principle lomatic officers, and yet they were allowed to be appoint ~ d by the which I have stated to the Senate, thp.t no man should be consid ministers. When secretaries of legation were thusappointed by ered as an officer of the United States unless he has the t enure . -. 1894. CONGRESSIONAL RECORD-SENATE. 3137 fixed by the Constitution. These persons did not have that ten believe it was, or at least during Mr. Madison's Administration, ure, and therefore whilst they discharged the duties of an officer, he was authorized by an a-ct of Congress to take possession of whilst they bore the recognized name of an officer, still on ac Florida. He sent a brigadier-general of the Army of the U uited countof the tenure, and on accountof the tenure alone, they were St:ttes by the ns.me of Matthews with some troops there to take not officers, and were allowed to be appointed not in accordance possession of that country. Gen. Matthews disobeyed the orders with the Constitution and the statutes, which are thus conclu of 1 he President, and disobeyed them in a sense and in a manner sively shown not to apply. which brought on diplomatic trouble. He seized possession of The office of charged 'affaires is a recognized diplomatic office. a part of Florida, which he was not authorized to do. They are to be appointed as other public ministers, by and with What did Mr. MGLdison do in that case? I want to c i-lll the the advice and consent of the Sena.te, when appointed to a full attention of the Senate and of the country especially to this. constitutional term, yet so -firmly implanted is the principle I He employed Governor Mitchell, of Georgi::L, who, so far as the have endeavored to sustain, that there can be no officer of the United States were concerned, was a private citizen, that is, he United States who has not the tenure recognized in the Consti had no official relations with the United States. He was the tution, these charges when appointed for temporary -purposes governor of a St-.tte. Mr. Madison, being dissatisfied with Gen. are allowed to be appointed by the President alone, or even by Matthews. requested Governor Mitcheil to go and discharge the one of our forei~n ministers. duties which he had impo ed upon Gen. Matthews. In writing Mr. President, there is one other question which has been very to Governor Mitchell, Mr. Monroe says: much discussed here and which deserves notice. The Presi I inclose you an order from the Secretary of War to the commander o! the dent has been arraigned for investing Mr. Blount with certain troops of the Umted State3 to evacuate the country when requested so to do by you, and tu pay the same respect in future to vour order in fulfilling powers which are supposed to be unconstitutional powers. It thednties enjoined by the law that he has been expect.ed todoto that of Gen. is said that Mr. Blount was authorized to give an or.der to a Ma.tthews. naval officer, and that naval officer was bound to obey, and in that So here is a case where the President of the United States su respect the President violated the Constitution of the United perseded a military officer and authorized a private citizen, at States. That action is justified by precedents, and I have some le.tst one who h .d no official relations with the United St:I.tes, to of them here, which I desire to read to the Senate. They show per2orm the duties of that officer, and to give orders to the other conclusively that the President in investing Mr. Blount with mititary officers there which they were bound to obey. these powers followed the examples set by the greatest names Mr. HIGGINS. Will the Senator yield to a question? in American historv. Mr. GEORGE. Yes, sir. I shall now go back to the year 1823. I believe at that time Mr. HIGGINS. I should like to ask the Senator from Mis James Monroe was President of the United States and John sis3ippi if he contends that the President of the United States Quincy Adams was Secretary of State. I find a letter from the has the power to appoint a set of officers entirely irrespective Secretary of the Navy directed to John Gallagher, commanding of that military establishment created by anactofCongress and the United States brig Enterprise, in which it was stated: the officers of which h tVe been appointed by the President and I reQuest that you will, under the advice and approbation of Mr. Randall. c 1n firmed by the Senate-whether such a set of officers can be set special agent of·tbe United States, carry into effect the views expressed by Mr. Adams, adhering strictly in all respects to the sugges~ions contained in aside by officers appointed by the President alone? his letter::.. Mr. GEORGE. Of course I do not mean- to assert any such Here is an officer of the United St:1tes required toconform his proposition. action to the advice and approbation of Mr. Randall, who was a Mr. HIGGINS. Then I would ask-- S,Peciul agent. a civil officer of the Unit3d States. It is said that Mr. GEORGE. Wait a moment. I do not mean to assert any is not an order; but an obligation to follow the advice and act such proposition. I am showing by the hi:3tory of this country according to the approb:ttion of a pal·ticular man is about as what the most illustrious Presidents, including President Mon strong an order as can be given. It does not m ake any differ roe and Mr. Adams, when he was Secretary of State, and Presi ence what kind of language is used, if a man is obliged to obey dent Grant, did in relation to these m:ttters, and did without it is an order. criticism; and I have shown that wh'tt President Cleveland did Here is a letter to the s.1me man from the same Secretary and wascovered bytheex:amples which I have quoted from these men. dated April 8, 18.23: President Cleveland is not to be condemned for giving power to You will, however, regulate your operations by the advice o.l' M.r. Randall, Mr. Blount to enable him to discharge his duty to investigate so as to be ready to receive him on board at any time. and. he never did athing beyond that. When the President au If a naval officer is obliged to regulate his conduct by the ad thorized Blount to give an order or to act in co)peration with a vice of a man~ is that not equivalent to investing that man w.th naval officer and directed a naval officer to obey hi:> oeders he power to order him? Call it what you please, it is a stick held was simply doing exactly what James Madison did, what James over him, the expression of a wi&h, the expression of an intent Monroe did, and what Ulysses S. Grant did, and what John on the part of the civil officer which the nt.Lval officer is obliged Quincy Adams did. That is all. to obey. Mr. HIGGINS. If the Senatol' will allow me, I should like That was in Monroe's time. to ask him whether he cites those precedents as examples of I will now coma to Mr. Arthur's time. Here is a letter by obedience of law or as violations of law by Presidents of the which an admiral in the Navy is informed that: United States? Mr. GEORGE. Mr. President, I d9 not think that so small The Depar~ment desires to impress upon you that the Preaident attaches great importance to this mission- a man as I am is called upon at this late day to sit in judgment That is Mr. Trescot·s mission- upon the acts of such illustrious men as those I have named. I and it- is hoped and expected that you will cheerfully render it such service make use of these precedents for the purpose of showing that the as it may require. To accomplish this Mr. Trescot wlll consult with you, present President of the United States has done nothing mol'e and you will be governed, as far as practicable, by his wishes. than his predecessors have done-and the SenatQr from Delaware What is that but telling the officer to obey Mr. Trescot's or will have ample opportunity to show i i he can that I am wrong in ders as far as practicabler the st:-ttements which I have made if he desires to do so-in fact Here is another, going back a little further, dated November the President has done nothing more than has been done by 6, 1 '69, a letter from George M. Robeson, Secretary of the Navy, the most illustrious Presidents who have preceded him in his to Capt. Balch: great office. . Gen. Babcock will have certain orders from the President of the United Mr. HIGGINS. If the Senator will allow me, I only wish to States. You are directed to conform to all his wishes and orders and to know just whs.t ground he. takes in respect to the President's convey him to such points as h e may desire to visit. powers -for the Senator is a very acute lawyer, and his ooinion There the word "order" occurs. If the officer is bound to goes a long way with the Senate and the countr.v-I wan-ted to obey, if he is bound to conform to all the wishes of Gen. Bab know whether, in citing these precedents, h e was d::>ing it to cock. then it is an order, and, besides, orders are expressly sustain the contention that President Cleveland, in conferring named. this power upon Mr. Blount, was doin~ it in obedience of lawful That is not very ancient history-1869 and 1823. Here is power or in violation of lawful power: · . another letter of the Secrehry of State, Mr. Fisn, addressing Mr. GEORGE. I argued. for some time to show that the Gen. Babcock, in which he is informed th:tt "on the proper powers which the President vested in Mr. Blount were p ::operly execution of this instrument, the Navy Department will receive vested for the purpose of enabling him to carry out a plain orders from the President to place at your disposal in the harbor duty which the President had a right to impose upon him. of San Domingo a force sufficient to enable the United States to I do not believe that the President ha.s the right to set a civil comply with their agreement in the proposed treaty." officer over a naval officer or over a milits.ry officer, to t reference to foreign powers, he may invest his agents or commis the commander of the forces, not by Mr . .Stevens, but by the sioners with the power, not of commanding the Army or Navy, but revolutionary committee of safety, as the most convenient for with the p Jwer to direct a certain movement of the Army or assisting by their mere presence in accompLishing this overthrow; Navy so far as it affects foreign relations. For instance, the that this landing and stationing were wholly unnecessary to pro President may invest a civilian with the power to say, "I want tect American life and property; that such protection or the you to land troops for this purpose, or to protect the people need for such protection is an afterthought. there." Tl.at is a civil duty; that is not a milihr y duty. The It was not even alluded to in the p3per which th~ committee military duty is to afford protection· the civil and diplomatic of safety sent to Stevens asking for troops, and on which he ad duty is to det:n·mine when the protection is needed or may be mits in his letter to Mr. Foster that he acted. This landing dem3.nded of the United States. and st:Ltioning- of troops was wholly unnecessary to protect Mr. HIGGINS. If the Senator will allow me, there is one American life and property, but resulted wholly from the ap other question I should like to ask him, and that is, whether he pe.ll of the committee of safety for troops to protect them, not to considers that the President had the power to in vest Mr. Blount prot ~ ct American life and American property. They appealed with authority to give orders to and supersede Mr. Stevens as to Stevens for aid to protect themselves. .1\fr. Stevens did give the minister to the Hawaiian Government so long as Mr. Ste them the protection they asked. There was not a single at vens remained the minister there, which, I understand, were tempt, nor was there expressed to Mr. Stevens by this commit given in this case? tee the fe u.r of any such attempt to injure a single hair on the Mr. GEORGE. If there is anything settled in constitutional head of an American citizen or to destroy a single dollar's worth .law it is this-and my learned friend, who is a very fine lawyer, of p roperty of an American citizen. T ne appeal they made, and if he will go to his works on international law will find it laid on which Stevens admits he acted, was an appeal to protect their down-that the powers of a foreign minister are just such pow own persons in their preconcerted efforts with Stevens to over ers, and only such powers, as the .t>resident choases to give him. throw the Queens Government. I call the Senator's attention again to the fact that in 1881, one Sir, the recognition of the so called defaclpgovernmentshows of the last official acts of his then term of office of one of the that it was not a sincere acknowledgment of an existing and ac greatestSecr3taries of State this country has ever produced, Mr. complished fact, but was m1de when the revolution was as yet B laine, was to commission William H. Trescot an envoy extra incomplete; in fact when it was scarcely known in the city of ordioary and minister plenipotentiary to three courts, at all of Honolulu as h 3.ving commenced. The recognition, as the proof which there were regular American ministers, taking from shows, was made in pursuance of an agreement which had been them cert ain powers which had theretofore been granted to made by Stevens with the revolutionary committee, or the com them, and transferring those powers to Mr. Trescot. mittee of safety, "When you get into possession of that building Mr. HIGGINS. I should like to ask the Senator if the "in and read a proclam3.tion there establishing a government, I will structions to Mr·. Trescot made him distinctly paramount over recognize you." Instead of being the recognition of an accom those ministers, and orJered them to obey him? plished fact, it was designed and actually had the effect to bring Mr. GEORGE. As to the duties he had to perform he was about the de .facto situation which it pretended to recognize as par amount. He determined what he should do within his in a ·g-overnment. It was one of the instrumentalities which h ad structions, and those other men were allowed to do only what been agreed upon between the revolutionary committee and was not transferred to him. But I discussed all that an hour Stevens to be used in the o verthrow of the Queen's Government. ago. I showed, though the Senator did not do me the honor Without going into an argument I may say it is proven beyond to listen to what I was saying at the time, that under the any reasonable doubt that the recognition at the time it was peculiar circumstance~ attending this case, as Mr. Stevens's made was in fact the main instrumentality in overthrowing the · conduct was to be in ves tiga ted, it was essential, in order to make Queen. The other instrumentality was the presence of United the in vestlgation ·complete, th3Jt Mr. Blount should have powers States troops1 put there for that purpose. p r amount to his. But I pass from that, and I shall not go back I avow my conviction also that even with this aid in securing to it any more. I wish to speak about the Florida case. a surrender by the Queen the Provisional Government was too Mr. Monroe, then Secretary of State, wrote to Governor weak to stand alone, and needed, as was shown, and received the Mitchell, of Georgia, as I have before quoted: fostering care and support of Onited States Minister Stevens. · I inclose you a.n order from the Secretary of War to the commander of the The revolutionary government was not only unable, as is proven troops of the United States to evacuate the country when requested so to do as clear by this evidence as is the noonday sun, to accomplish the by you, and to pay the same respect in future to your order in fulfilling the revolution without the aid of Stevens and the United States duties enjoined by the law that he has been expected. to do to that of Gen. Matthews. forces, but after they had succeeded in getting an abdication from the Queen it was so weak that it could not &tand alone; it could That was Gen. Matthews, who was his superior officer. I not perform the functions of a government except relying upon knew when I brought up that precedent before the Senate that and aided by the United States forces. the contention would be made just as it has been made by the So, as I have shown~ with the United States forces on shore Senator f1·om Delawat·e. I knew there was no answer to the charged with the duty of m '1intaining order, which meant to precedent. Thg,t which comes nearest to being- an answer to it· suppress any attempt to overthrow th~ Queen, within twelve days is t hat which the Senator from Delaware is forced to make. I after the so-called revolution was accomplished, we find the Pro a rraign, he s tys-that is the substance of his argument-not visional Government making an appeal to Stevens to assume a. only Me. Cleveland for a violation of law in the appointment of protectorate over them upon the ground-let us speak plainly Mr. B ount and conferring powers on him, but I arraign also about it-that the sham government which Stevens had set up J ames Madison, James Monroe, John Qujncy Adams, ffiysses S. there was unable to perform the ordinary functions of govern Grant,and James G. Blaine. That may be bad company in the ment; it could not protect life, liberty, or property. What sort opinion of the Senator from Delaware, but in m.v opinion, Mr. of a machine is that for a government which can neither pro President, the unquestioned acts, the uncriticised acts done by tect the good and orderly nor punish the disorderly? That was the illustrious meu to whom I have referred are proper prece their exact condition twelve days after this alleged accomplishel;l dents for the action of an Americ.:m President. fact, this de facto government. Mr. President, I h 1-ve concluded now what I desire to say Mr. GRAY. According to their own confession and not that upon the law poJnts involVed. I have very little further to add. of anybody else. It is no pat·t o r my present purpose to discuss generally the Mr. GEORGE. Of course, according to their own confession. policy pursued by this Administration in reference to Hawaii. I am glad the Sen9.tor from Delaw~e reminded me of it. It is I have discussed only one part of this large and interesting sub not a picture drawn by an unfriendly hand, but a ::.olemn confes ject-the legality of the action of the President and, the neces sion made by the Government itself in the most solemn of all pos sity for the investigation as committed to Mr. Blount. As I sible public papers, a paper proposing to transf_er the po,sses~i?n may n Jt , however, have another opportunity of speaking on this of the Kingdom toanothercountt·y, acknowledgmt:r the1r ma.b1hty subject, it will prevent misconception if I may-in the way of to preserve order, and asking the protection of that foreign Gov- · statement merely, not argument-give my views on this subject e rnment to do it. generally. I avow also my conviction that in fact the Government thus I do not doubt, after the best examination I have been able to established has exhibited little, if any, other vitality or power give the subject, that the committee of safety and Mr. Steyens than the assumption that it could transfer to the (Jruted States, acted in full concert throughout; that they_ were both convinced, . against the will of the people, the sovereignty of that c0.1n try. and on that conviction acted, that no movement to supplant the That is about all that has been done. It was put up by Stevens, a. Queen had t h tl slightest chance of success unless aided by Mr. provisional government, to exist only until annexation coulil be Ste >ens and the United States forces;·that in pursuance of this accomplished. It begged Stevens to assume a protectorate over mutual con v" ictiorr the United States forces were by preconcert them, and at the same time it negotiates with the Government landed at the opportune moment to render the needed aid, and of the United States for a transfer of the sovereignty of that were stationed exactly at the place selected pre:viously1 not by country to this. That is the spectacle which this situation ' . 1894. CONGRESSIONAL RECORD-SENATE. 3139' exhibits to the American people and to the world, and a most pending upon a vote on the amendment, so that other matters miser:able spectacle it is. Senators are interested in can be taken up at this time, the bill Then. Mr. Pre:;ident, lastly, to show that this Provisional Gov ret::tining its place as the unfinished business. _ ernment is driven to these straits of confession of weakness, they The VICE-PRESIDENT. Is ther:e objection to the request send commissioners to the United States to treat for annexa~ of the Senator from West Virginia? The Chair hears none, and tion, and those commissioners in their letter proposing the an it is so ordered. nexations tate a'3 th3 main ground on which they desire annexa· LAND-SCRIP LOCATIONS. tion, that they are incapable of taking care of themselves, and ask the Government of the United States to do it. Mr. DOLPH. The bill (H. R. 73) supplementary to the act of Congress approved January 28, 1879, entitled "An act defining LOAN OF CONDEMNED GUNS AND PROJECTILES. the manner in which certain land scrip may be assigned and lo Mr. MANDERSON. I am directed . by the Committee on cated or applied by actual settlers, and providing tor the issue Military Affairs, to whom was referred the bill (S. 1683) to au of patents in the name of the locator or his legal repre-3enta thorize the Secretary of War to lend condemned cannon and tives," is an entirely unobjectionable bill. The bill ha.s been cannon balls to the association having in charge the monument read. It was broug-ht up when it was reported, I think, and the erected on Government land near Chicago, TIL, to the Confed Senator ·from Ohio [Mr. SHERMAN], not understanding it, ob erate dead there buried, to report it wi.th amendments and sub jected to its present consideration. It does not affect the title mit a report thereon. I ask unanimous consent that the bill toasquarefoot of ground. It simply allows patents to be issued may be now considered. / It is a bill in which the Senator from for land scrip legally loc.1ted before the passage of a certain act, Georgia [Mr. GORDON] feels considerable interest, and I know the s.1.me as patents for land scrip located afterwards, it being he would like very much to have it now passed by the Senate. an omission in the original act. It is a House bill, and its pas Mr . .FAULKNER. It is to ba considered with the under· sage is recommended by the Committee on Public Lands. sts.nding, I suppose, that the unfinished business shall be tem- The VICE-PRESIDENT. The bill will be read for informa porarily laid aside. · tion. Mr. MA~DERSON. Cerhinly. The bill will lead to no de Mr. DOLPH. It has been read, but let it again be read for bate. It is a very simple matter. information, so that the Senate may understand it. It is -very By unanimous consent the Senate, as in Committee of the short. Whole, proeeeded to consider the bill. The Secrehry read the bill. The amendment of the Committee on Military Affairs was, Mr. DOLPH. The bill merely applies t0 valid locations. It to strike out all of the bill after the word'' ton in line 3, and in does not validate anything. sert: The VICE-PRESIDE~T. Is there objection to the present Issue four condemned iron guns and projectiles to the offi..cer in charge of consideration of the bill? the Government·lot in Oakwood Cemetery, near Chicago, Ill .. in which are Mr. CALL. I think the bill' ought to be carefully considered. bunt'd both Union and Confederate dead, and that he be authorized to ex pend them in ornamenting said lot. The phTaseology O'.lght to be very definite as to wha.t the Vmd Department may decide to be a .valid location. Under the deci- , So as to make the bill read: sion of the Sup1•eme Court that is a question of considerable im Be it enacted, etc., That the Secretary of War is hereby authorized to issue portance. Seeing that the Land Dapartment has already con tour condemned iron guns and projectiles to the o:mcer in charge ot'tha Gov ernment lot in Oakwood Cemetery, near Chicago, lll., in which are buried veyed away a vast domain, it seems to me we ought to be very both Union and Confederate dead, and tb.at he be authorized to expend them careful about confiding that authority to them. in ornamenting said lot. - Mr. DJLPH. This is a House bill. It passed the otber House The amendment was agreed to. without objection and 1t was reported by the Senate Committee The bill was reported to the Senate as amended, and the amend on Public Lan-ds without objection. It does not confirm titlfl to ment was concurred in. a foot of land. It merdy cures an inadvertence in the act of The bill was ordered to be engrossed for a third· reading, read 1879, which authoril es patents to be issue:i for locations by this the third time, and passed. . scrip; but it was held in the Department that it 0nly applied to The VICE-PRESIDENT. The committee also reports to locations afterwards, and not where- there had been previous strike out tbe preamble. The preamble will be stricken out, if valid locations. The bill merely provides that on a previous there be no obiection. valid location patents mary be issued the SfLme as on those after The title wa.S amended so as t::> read: "A bill to authorize the the pass3.ge of that act. This is all the-I"e is in the bill. It does .Secretary of War to issue four condemned iron guns and pro· n-ot give anybody a title to a fo0t of larnd or a right to· acquire jectiles to the officer in chatge of the Government lot in Oak· ti-tle to a f-oot of real estate. It is simply a m::ttter relating to wood Cemetery, near Chicago, Ill.~' the transaetion of business in the Department, and to facilitate that business. HAWAITAN BARK ARCTIC. Mr. CALL. I think the bill ought to be very carefully con Mr. HOAR. I move that the Senate proceed to the conside~ sidered. The fact that it h::ts passed the other House, and the ation of the bill (S. 236) for the relief of the owners and crew of fact that the Committee on Public Lands has reported it are the Hawaiian bark Arctic. not at all material. The question is whether the vast body of Mr. FAULKNER."' I will make no objection, provided the the public domain shall be located under perhaps unlawfulloc& SenJ.tot· from Mass:whusetts asks un::tnimous consent that the un tions, which may be ratified or con:irmed by some inadv~rtent finishefl business be temnorarily laid aside for this purpose. language in the bill. Th::tt has been done to a vast extent, and Mr. HOAR. I m:tke that request. I understood that it would m.my minions of acres of land have been taken away from the not displace the unfinished business. homesteaders and the homestead law nullified by language in By un::Lnimous consent, the Senate, as in Committee of the serted in bills of this description w'hich escaped the notice of Whole, proceedad to consider the bill. It propos3s to pay to the anvone at the time. owners o.r their leg-al representatives of the ves3el or bark Arctic The VICE-PRESIDENT. The Chair understands that there $23,500, in full compom3ation for the losses sustained and the is objection to the present consideration of the bill. services rendered by them in abandoning their business of whale Mr. GORMAN. I ask leave to submit a report from the Com- catching and rescuing one hundred and seventy-six seamen in mittee on Printing. , the Arctic Sea. Mr. DOLPH. I want to know if the Senator from Florida ob- The bill was reported to the Senate without amendment, or jects to the consideration of the b1ll. · dered to b~ engrossed for a. third reading, read the third time, Mr. CALL. I do. and passea.. MT. DOLPH. I am glad to know it. FORMS OF DEEDS IN THE DISTRICT OF COLUMBIA. EULOGIES ON THE LATE REPRESENTATIVE LILLY. The VICE-PRESIDENT. The Senate resumes the consider Mr. GORMAN, from the Committee on Printing, to whom was ation of the unfi-nished busines::., which will be stated. referred the following concurrent resolution of the House of Rep The SECRETARY. A bill (S.832) tosimplifythe form of deeds resentatives, reported it without amendment, and it was consid of conveyance trust, and releases of land in the District of Co ered by unanimous consent, ancl agreed to: lumbia, and for other purposes. The VI:CE-.PRESlDENT. The pending questi"on . on the Resolved by the House of Representativ-es (the 8enate concurring), That there 18 be printed of the eulogies delivered in Congress upon the Hon. William amendment proposed by the Senator from Nebraska [Mr. AL- Lilly, late a Representative from the State o! Pennsylvania., 8,000 copies; of LEN J to add a proviso to section 4 of the bill which wHl be wl!ich number :!,000 cop1es shall be delivered to the Senators and Represent- read ' ' at1ves of the State of Penn.gylvau1a, which sharll include 50 copies to be bound ~ in full morocco, to be delivered to lihe fMnily or the deceased, and or the r~ Mr. FAULKNER. If it is agreeable to the oenate, because maining, 2,000 shall be for the use of the Senate and 4,00J for the use of the of the few Seu "I. tors peasant, r a.sk un:tnimous CODBent that the I House of RepreseD:ta~i.ves; and the Secretary o1 t~e.Treasury is directed to llllflnished ba!illiess ms.y go ovm·un til to-mor.row, as. the bill is.now ~;;::~g!~;~:!:d • pnn'tea a pol'tt>ait or the said Willl.am Lilly to accompany 3140 CONGRESSIONAL RECORD-HOUSE. MARon 20, GEOLOGICAL SURVEY REPORT. CONFIRMATIONS. Mr. GORMAN. I am directed by the Committee on Print Executive nominations confirmed by the Senate Ma1·ch 20, 1894. ing, to whom was referred a concurrent resolution providing for POSTMASTERS. printing the report of the Director of the United States Geologi Frank J. Norris, to be postmaster at Leesburg. in the county cal Survey, to report it with an amendment in the nature of a of Loudoun and State of Virginia. · substitute, and I ask for its present consideration. Charles M. Busbee, to be po3tm:~.ster at R ':t1eigh, in the county The Senate, by unanimous consent, proceeded to consider the of Wake and State of North Ca.rolina. C6ucurrent resolution. James R. Martin, to be postmaster at Denison, in the county Mr. GORMAN. Let the substitute be read. of Grayson and State of Texas. The substitute was read, as follows: Louis J. Marquis, to be postmaster at Bartow, in the county Resolved by the Stnate (the House of Represe7ptatives concurring), That there be prlnted at the Government Printing Oflice, in addition to the number al of Polk and State of Florida. ready ordered by ln.w, 7,000copie!! of the fourteenth annual report of the Di Albert H. Mowry, to be postmaster at Charleston, in the county rector of the United States Geological Survey, unifor.m with the preceding cf Charleston and St":tte of South Carolina. .. volumes of the series, of which number 1,000 sha.ll be for the use of the Sen ate, 2,000 for the use of the House of Representatives, and 4,000 for distribu Eugene L. Brown. to be postmaster at Eufaula, in the county tion by the Geological Survey. of Barbour and State of Alabctma. The VICE-PRESIDENT. The question is on agreeing to the amendment in the nature of a substitute reported by the com mittee. HOUSE OF REPRESENTATIVES. The amendment was agreed to. The concurrent resolution as amended was agreed to. TUESD.A.Y, March 20, 1894. Mr. GORMAN. I submit reports giving the cost in each of these cases, and ask that the reports be printed in the usual Th.e House met at 12o'clock m. Prayer by the Chaplain, Rev. document form. E. B. BAGBY. The VICE-PRESIDENT. Without objection, it will be so or The Journal of yesterday's proceedings was read and approved. dered. HAWAIIAN AFFAIRS. THE RUSSIAN THISTLE. The SPEAKER laid before the House the followmg message Mr. HANSBROUGH. I ask unanimous consent for the con from the President; which was read, and, with accompanying sideration of the bill lS.l545} to provide for the destruction and papers, referred to the Committee on Foreign Affairs, and or extermination of the noxious plant or weed known as Russian dered to be printed. thistle or Russian cactus, technically sal:: ola kati trayus. The Clerk read as follows: Mr. GEORGE. I desire to call the attention of the Senator To the Cong1•ess: from North Dakota to the fact that the Senate is very thin, and I transmit herewith copy of a dispatch recently received.' from our minis ter at Hawaii, together with copies of the inclosures which accompany said that that is a very important bill. It involves a principle which dispatch. has never been settled, so far as I know, by any legislation. GROVER CLEVELAND. The Committee on Agriculture and Forestry was divided on the EXECUTIVE MANSION, .Mardi. 19, 1894. bill; and whilst I want the Senator to understand that I shall ·BRIDGE ACROSS THE CALCASIEU AND SABINE RIVERS, LOUIS not interpose any factious or dilatory objection to the consider· IAN A AND TEXAS. ation of the bill, yet as it involves precedents of a very impor The SPEAKER laid be ~ ore the House the bill (H. R. 1918) tantcharacter, I think it ought to be considered when the Senate authorizing, the Texarkana and Fort Smith Railway Company is full and fully debated. It proposes to do what never has been to bridge the Calcasieu and Sabine Rivers, in the States of done before, to make an appropriation of about a million dol Louisiana and Texas. lars, I believe. Mr. PRICE. Mr. Speaker, I move that the House concur in Mr. HANSBROUGH. One million dollars. the Senate amendment. Mr. GEORGE. It proposes to make an appropriation of $1,- The Senate amendment was read. 000,000 out of the Treasury of the United States for the pur The motion to concur was agreed to. _ pose of eradicating from certain States a noxious weed. It is On motion of Mr. PRICE, a motion to reconsider the. vote by an important bill. I should like the Senator to ask and the which the Senate amendment was concurred in was laid on the Senate to consent that the bill ba made a special order for a par table. ticular day named, at an early hour, when the Senate will be full LEAVE OF ABSENCE. . and'when it may be maturely considered. Of course, I am op posed to the bill, but I have no objection to its passage if after By unanimous consent, leave of absence was granted to Mr. full and free deliberation and debate a majority of the Senate BARTHOLDT, for ten days, on account of sickness in his family. shall so decide. I suggest to my friend that he ask that the CHANGE OF COMMITTEE ASSIGNMENTS. bill be made a special order on a particular day, in the mo ening, The SPEAKER. The gentleman from Mississippi [Mr. when the Senate is full, so that the matter may be m .;~, turely and CATCHINGS] and the gentleman from Pennsylvania [Mr. BEL'l'z fully considered. The Senate is not full now, and it can not HOOVER] ask to be relieved from further service on the Commit pass the bill, because it can not be passed except on a yea-and tee on Railways and Canals; the gentleman from Indiana Mr. nay vote. 1 do not want to object to its consiaeration, because TAYLORj asks to be relieved from further service on the Com I wish to accommodate the Senator from North Dakota as much mittee on Pensions. The Chair announces the appointment of as I can. Mr. TAYLOR of Indiana as a member of the Committee on Rivers Mr. HANSBROUGH. There are many special orders at the and Harbors. present time, and in view of the fact that the tariff bill is set for Mr. SAYERS. The r{\gular order, Mr. Speaker. the ~ d of April, I am a little apprehensive if we do not take up '£he SPEAKER. The regular order is demanded. The reg the bill now and consider it upon its merits we shall n :)t reach ular order is the call of committees for reports. it at the present session. It is a v·ery important measure to the DELEGATE FOR DISTRICT OF COLUMBIA IN THE HOUSE. great agricultural interests of the West. The farmers of at least seven agricultural States of the Western country are inter· Mr. CHILDS, from the Committee on the Judiciary, reported ested in the passage of the bill, and they are very anxious to b ::~ ck advers3ly ~the bill (H. R . 4218) providing Ior the election of know whether Congress intends to do anything in the matter. a Delegate to represent the District of Columbia in the House of 1 think that the.Sen3.tor from Mississippi will agree with me· Representatives; which, with the accompanying report, was or that we can at le3.'3t begin the C:)nsideration of the bill at this dered to lie on the table. time. CASES BEFORE SUPREME COURT IN WHICH STATES ARE PARTIES. Mr. GEORGE. Of course we can begin it, but we can not con Mr. CHILDS, from the Committee on the Judiciary, reported clude lt. back adversely the bill (H. R. 4662 } to advance cs,uses on the Mr. HANSBROUGH. I am aware of that fact. Ishorild like calendar of the Supreme Court of the United States wherein to have the discussion entered upon a.t least, States are parties: which, with the accompanying report, wn.s EXECUTIVE SESSION. ordered to lie on the table. Mr. GORMAN. I move that the Senate proceed to the con- LIGHT SHIP WITH FOG SIGNAL OFF BOSTON LIGHT, MASSA sideration of executive business. . CHUSETTS. The motion W3.S agreed to; aud the Senate proceeded to the Mr. BRICKNER, from the Committee on Interstate and For consideration of executive business. After twenty minutes spent eign Commerce, reported favorably the bill (H. R. 5312) authoriz in {\Xecutive s ~ ssion the doors were reopened and (at 4 o'clock ing the construction oi a. light ship wit-h fog signal to be estab and 30 minutes p.m.) the Senate adjourned until to-morrow, lished to the eastward of "the Boston light, Massachusetts, and Wednesday, March 21, 1891. at 12 o'clock m. for the establishment of range lights in Boston Harbor, Massar- 1894. OONGRESSION AL . RECORD-HOUSE. 3141 chusetts: which was referred to the Committee of the Whole statute a.s provides for dividing these seven accounts intO sixty House on the state of the Union, and, with .the accompanying re six is usele!'Zs. port, ordered to be printed. I sond to the Clerk's desk to be read an article from a paper' MONUMENT TO VICTIMS OF PRISON SHIPS, FORT GREEN, of this morning. Before it is read I will say that during the BROOKLYN, N. Y. discussion yesterda.v I announced that in the course of the ex penditure of $60,000,000, extending through twenty-five years, we Mr. COMPTON, from the Committee on the Library, reported have had to resort to the law but twice to secure our rights back.with amendment the bill (H. R. 3531) for the erection and against the Treasurer's subtreasurers. completion of a monument to the memory of the victims of prison The Clerk read as follows: shipsatFortGreen, Brooklyn, N.Y.; which was referred to the SETTLED BY HIS ESTATE-GEN. BUTLER'S ADMINISTRATORS VIRTUALLY AD Committee of the Whole House on the state of the Union, and, MIT WHAT HE DENIED. with accompanying report, ordered to be printed. BOSTON, Marek 19. - PORTRAIT OF DOLLY MADISON. The case of the "!irational Home for Disabled Soldiers against the late Gen. Benjamin F. Butler, which has been pending in the United States circuit Mr. COMPTON, from the Committee on the Library, reported court, has been settled by the payment of $18,000 by the atlministrators of back favorably the joint resolution (H. Res. 142) for the purchase his estate. · The suit was first brought in 1885, and since that time has bet>n tried once of the portrait of Dolly Madison from E. S. Andrews; which was and argued before the Supreme Court of the United States on exceptions. referred to the Committee of the Whole House on the state of The case was originally brought in the Supreme Court of Massachusetts, Union, and, with accompanying report, ordered to be printed. in 1885, and in the declaration filed at that time the plaintitfs claimed that Gen. Butler owed them$15,00'J, which was money loaned aud sent to Gen. The SPEAKER. This completes the call of committees. WilliamS. Tilton. acting secretary of the eastern branch of the home at ORDER OF BUSINESS. To~us , Me. The defendant at that time was acting treasurer or the corpora tion. Mr. SAYERS. I move that the House resolve itself into Tue plaintitfs also claimed that the amotiht was repaid by Gen. Tilton to Committee of the Whole House on the state of the Union for the Gen. Butler, and the payment has not been accounted for by Gen. Butler. The answer filed by Gen. Butler denied the claim of the plaintiff. and said purpose of considering appropriation bills. that he paid in full aJ.l moneys and sums which at any time he ever owed the The motion was agreed to. corporation. ENROLLED BILLS SIGNED. [Here the hammer fell.] Mr. PEARSON, from the Committee on Enrolled Bills, re Mr. SAYERS. I ask that the gentleman from Illinois be al ported that they had examined and found truly enrolled bills of lowed five minutes additional. the following titles; when the Speaker signed the same: There was no objection. A bill (H. H.. 2640) for the relief of Brig. Gen. John R. Brooke, Mr. VAN VOORHIS of New York. Does the gentlems.n from United States Army; and Illinois [Mr. BLACK] claim that the payment of that money by A bill (H. R. 5529) to repeal section 311 ol the R~vised Stat the representatives of Gen. Butler is an admission that Gen. utes of the United States, relating to accounts of the Treasury Butler owed the money? of the United States. Mr. BLACK of Illinois. What I meant to say was that there SUNDRY CIVIL APPROPRIATION BILL. have been but two suits necessarily instituted during eighteen years against the securities of the treasurers; that one of these The House accodingly resolved itself into Committee of the was a t~uit against Gen. Butler, which has just been settled by Whole House on the state of the Union, Mr. LESTER in the his personal representatives, leaving the second suit pending, chair. which is a suit involving only.about $300. My point in citing The CHAIRMAN. The House is in Committee of the Whole these two cases was to show how clear the administration has for the purpose of considering general appropriation bills. The been in its fiscal affairs. Clerk will report the title of the bill. Now, in reg.trd to the statement made by the gentleman from The Clerk read as follows: Kansas [Mr. SIMPSON] as to the admission of officers of the A bill (H. R. 5575) making appropriations for sundry civil expenses of the regular Army into the Le~venworth Homa from posts in Kan Governtnent for the fiscal year ending June 30, 1895, and for other purposes. sas, 1 will say that the law of July 5, 1884-- The CHAIRMAN. The gentleman from Kansa.s is recognized. Mr. SIMPSON. I think I said ''privates." Mr. BLACK of Illinois. · Officers and privates, I understood [Mr. SIMPSON withhofds his remarks for revision. See Ap the gentleman to say. pendix.] Mr. SIMPSON. I meant privates. Mr. SAYERS. I ask now that the gentleman from Illinois [Mr. Mr. BLACK of Illinois. The law of July 5, 1884, authorizing BLACK] be allowed five minutes; and then, if no other gentle the establishment of the Leavenworth branch amplifies the law man wishel3 to speak, I will ask for the vote. which ha;d previously existed, and by its fifth section authorizes Mr. BLACK of Illinois. Mr. Chairman, I take the floor at the admission to national homes of honorably discharged sol this moment in order that I may in the five minutes allotted me diers and sa.ilors who had served in the war of the rebellion, correct one or two inaccuracies and make a brief reply to the whether they subsequently served in the regular Army or not. gentleman from Kansas [Mr. SIMPSoN]. The honorable chair So tha.t, after having served in the war of the rebellion, and man of the Committee on Appropriations [Mr. SAYERS] spoke having been honorably discharged, tnen are entitled to the ben yesterday of the item appropriating $31,000 for outdoor relief efits of the homes even though they may be regular Army officers and incidental expenses; and he commented upon the faet that or soldiers. I am not aware of any case in which any officer or the vouchers returned showed an expenditure of only $1,000 for private of the regular Army has been a.dmitted to any of the sol outside relief. He intimated that in his judgment a larger diers' homes unless be had been in the war of the rebellion and amount should have been expended in transferring the soldiers honorably discharged. to the homes. The fact is that the item of transport:1.tion is an Mr. SlM t>SON. In the case I referred to, the men are now entirely distinct item; and the appropriation for incidental ex in the regular Army as enlisted soldiers, stationed at Fort Riley, penses has been expended for m9.ny years as set out in the pro Kansas. That is the point. posed amendatory law, and dehiled vouchers have been for Mr. BLACK of Illinois. On that point I will say to the gen warded to the Treasury Department for each one of those items, tleman that the statement as yet rests in rumor; and wh1.tever just as the committee themselves in substance propose shall the facts may be, the matter will be carefully examined b v the continue to be done. Board at its next meeting. The investigation by the Board of The outdoor relief fund is used in this way: When an old Managers of the affair spoken of by the gentleman was like any man of the service is in need of a meal's vic tuals, it is paid for other matter submitted to a competent tribunal; it was passed by the m:mager; and then the manager is reimbursed for that upon by the Board last year, and the majority vote of the Board expenditure. But when men are to be transported to their decided two things: First, that it was not shown the governor homes, the payment for that comes out of an entirely different had been corruptly influenced; he denied it most steanuously; fund. So it happens that the amounts disbursed in these minor the majority of the Board voted that in the single inst'l.nce which ways for meals and immediate relief are comparatively insig was attempted to be 1:1pecifi ed the matter was not esta.blished by nificant. proof to their satisfaction; and they therefore found that he was The second point to which I call attention is the statement of not guilty of having sold his influence for corrupt purposes. the gentleman from Massachusetts [Mr. COGSWELL], that the The second branch of the subject is t his: We discovered, and pre!:>i.dent of the Board, in his examination before the subcom it was the unanimous belief of the Bo&ed, that three or four mittee, intimated or said that the audit, which was being made years prior to the time of the investigation the governor had at his office, was usdess. \Vhat he meant to say, as he explained been offensive, that he had been drUJlk : but a year and a half clearly afterward, was that it is useless to divide the ac ~ ounts before the investigation began the go-rernor had established a into sixty-six different accounts, instead of leaving them in reform in his own person and in the camp: an:l after he had es ,seven. He objected to thus multiplying the extent and cost of tablished that reform he had become an earnest and ze:tlous the atldit, and stated that so much of the regulations of the worker in the ~ause of temperance. The result is shown by the I 3142 C.ONGRESSIONAL .REOORD-H.OUSE. MARCH 20, fact that to-day he is the nahional p-resident of ali the Keeley gives hi£ cordial ·assent to all this legislation, except the two leagues in the United States, and we felt that the quality of paragraphs to whioh he has raised points of order. 1:wman mercy ought not·to be so .strained against that when a What are these clauses? In the first pJaoe it is proposed to man has been guilty of offenses in the long past he should for put the treasurers of these homes upon the very same footing ever be punished for· them, and especially as lw seemed at the with every disoursing-officer o1 the United S~ates. That is to head of a great t amperanoe-movementin the homes we let him say, we require these treasurers to execute bonds to the Gov pass. He has not sinned since the time he reformed. He isLto·day ernment of the Unitel States, to be approved of by the Secretary an active and e_trnest worker in the cause of t€mperance. And of War. But, Mr. Chairman,who is it that appoints-these treas~ now, with a single other statement in kindly correction of the urers? Does the Secret ary of War appoin-t them? On the con statement made by the gentleman from Kansas [Mr .. SIMPSON], trary, they are appointed by the Board of Managers, and are re I will let this matter pass. quired -to execute such bonds as shall be approved by the Secre The saloon that t he gentleman from Kansas speaks of is not tary of W ar. a saloon where spirituous liqugrs are sold. It is what is called They are required to render their accounts monthly, so that ·the beer hall, which is r un at all the branches of the home, one they may be audited rapidly and that Congress and the executive whet·e beer is sold to the men and paid for by them, guaranteed branch of the Government may know how the large sum of money to be of a good quality and subject to inspection. That my per which is annually appropria.ted for the support of these homes sonal judgment has been against the establishment of that ball has been expended. Can there be a valid objection to that? is true, but the ma·ority of the Board believed ,that with the Again, the gentleman demurs to the proposition that these habits that many of ~these volunteer soldiers hau, with the con accounts shall be-rendered monthly to such bureau of the War tracted disorders of a quarter of a century~ -the habits of a life Department as the Secretary of War may designate. It is well time upon them, it was better that there should be a regulated understood that these accounts already go to the Department; 'instit ution, a ·beer hall inside of the homes, where a clean, and all that is required by the pending provision is that these whole .. ome beverage could be sold: rather than that these men, same-accounts, instead of coming in later, shall go monthly to a drivenoJt by their impulses, -their appetites, and their ·passions, bureau of the War Department. should seek on the outside an inferior quality of liquor. We In regard to the paragraph embraced between line 16 on page recognized the fact that the servitude o1 fifty years' appetite 84 and line 2 bn page tl5, Mr. Chairman, the gentleman com .can not be broken by the institutions themselves. plains that if this clause were ·adopted the Board would not be With one fur ther statement on that point, I dismiss it: The able to visit and inspect the homes as now. I do not admit that homes~ in their system of beer halls, h ave •been copied by -the as a legal proposition; but, admitting it for the sake of argu :regular Army in its canteen system: so that every po3t in the ment to be true, the gentleman will admit that on yesterday I Unit3d States that chooses. where :troops are gathered for a~y proposed to him to obviate that objection by inserting at the length of time, may have its garrison canteen. These canteens end of the clause the following words: were established by orde1· of Gen. J. C. KeLton; the reoont Ad But nothing herein contained Sh11.ll b.e con-strued to ;prevent the Board jutan~General of the Army of the 'United States, who :gave the visiting the homes as often during the year as they may deem necessary .most careful study to the subject, who acted only as the friend under existing law . ·of the soldier, as he earnestly believed, and ;w.hois known to-da.y ' So that we would have most cheer!u1ly freed this clause from among the :men under his.charge in. the la~ years·of his life a.t BLAOK] allow me in his time to ·say that the committee1 after existing Jaw upon the subject; at least it makes new law that the most careful investigation, had no unkind criticisms to make did not exist in that respect. Therefore the Chair considers it of theadminist1·ation of these hpmea., and the Inspector-General, obnoxious to Rule XXI, a-nd sustains the point of order; and that after a care[ul investigation, commended -the administration as paragraph _must be strieken out. now carried on by the Board o£ Manag-ers. The only criticism As to 'the .second, tha.t is :more apparently contrary to the rule, was as to the methoj of accotmting, whioh he thought might be inasmuch as it repeals a section of the Revised Statutes andre improved. peals all 'the laws that require the Board to audit and examine Mr. BLACK of Illinois. I am very much obliged to the gen accounts. The Chair thinks, therefore, that this p :1ragraph is tleman. contrary to the rule, and sustains the point of order upon it; and [Here the hammer fell:] this paragraph also must be stricken out. Mr. SAYERS. M\'. Chairman, I desire to occupy:theJ:lime oi Mr. SAYERS. Mr. Chairman, in;pursuanoe of an order of the the committee but a very few moments, and would not even committee last evening, the gEmtldman from Minnesota [Mr. speak now b ut for the fact that the gentleman from Illinoi-e [Mr. McCLEARY] is to be reeognized 1or thirty minutes. BLACK] in his rema: ks has acquitted one member of the sub The CHAIRMAN. The Chair will state that on yesterday committee who pre ared this legislation, but has omitted to evening, by unanimous consent, the committee made an order acquit other members of that subcommittee, of hostility to the that after the disposition of these paragraphs certain members soldiers· homes. The very fact of his acquitting •One member should address the House for a oertain time upon the bill gen and omitting to acquit the other members places those other erally, the gen.reman from Minnesota [Mr. McCLEARY], the members who are not so iortun3.te as ·to receive his commenda ~ent l eman irom Indiana [Mr. HOLMAN], the gentleman from tion in a wrong position, not only before the House, but before North Carolina [Mr. HENDERSON], and the .gentleman from the COUll try. California [M:r. Lounl. The gentleman from Minnesota [Mr. I desit·e to sg,y that in the prap:1> r ation of this portion of the MCCLEARY j is reco:;nized for thirty minutes. snndrv civil bili it was a pleasure to me as chairman of the sub Mr. McCLEARY of Minnesota. Mr.Chairman,l!1BtWednes committee to ask that Gen. CoGSWELLof Massachusetts, himself d a.y -an amendment was offered, nominally to the pending bill, a soldier, should report to the subcommittee his views touching but actually to the .land law of the United States. It should in appropri.1.tions for the soldiers' homes. He did so, and in con terest the members from every State that has public lands yet nection with that report he also reported the legislation which to dispose of. In the judgment of many of us, neit her the per appears on the sundry civil bill. tinency o.f the amendment nor the merits of the case would jus:. I will further say that after a careful consideration of this leg tify ita passage at this time. islation, it met not only the cordial approval of myself, but also As representing a State especially interested in the proposed the cordial approval of eveYy other member af the committea; amendment, I yield ten minutes of ID:Y time to the gentleman and, as has frequently been said, this legislation was in nosense from .M.ont3.na 1Mr. H AR'l'MAN]. of the word intended to be hostile toward these homes, but Mr. HARTMAN. Mr. Chairman, recurring to the remarks rather to regulate the r apid settlement of their accounts. ' whioh ·1 had occasion to make on last Friday relative to the Now, let me recur brietly to the language of the ,two ola.uses amendment introduced by the gentlem3.n .from Indiana [Mr. that have been complained of. Remember that the gentleman ; .HOLMAN], I .desire .to add .a few words to what I then stated, Jrom Jllinols (Mr. BLACK], one of the ,members oJ :the Board, ·presen:tin_g ·to the.committee the facts as they exis.t with refer~ 1894. CONGRESSIONAL RECORD-HOUSE. 3143 ence to 'One case which will be affected by the amendment which Here are the transfers of land held by bona fide purchasers has been thus incorporated upon this appropriation bill. I refer for ~alue, innocent purchasers, and this is only one of a large to the facts in the case of Graham against Campbell, n.necting number of cases that will be affected adversely if this amend the southeast qua.rter of section 10, township 20 north, range 4 ment is adopted. The transfers of the land prior to March 1, east, in Cascade County, in the State of Montana. The facts, 18~8, were as follows: briefly epitomized as to the location, entry, proof, and the sub Octoboc 20, 18 3, warranty deed of the whole tract from sequent transfer of that property I have before me. I will Campbell to Timothy E. Collins, consideration $1,000. briefly present them to the committee. January 2, 1884, Collins and wife to Robert Vaughn and Paris Archib.lld C. Campbell made preamption C'3.sh entry No.1373, Gibson_ 1or southeast quarter of section 10, township 20 north, range 4 October 26, 1886, warranty deed from Vaughn and wife to east, October 17, 1883, when final certificate is~ued to him for James J. Hill, an undivided half interest. the land. · February 23, 1887, Gibson to Jame~:~ J. Hill, undivided half May 13, 1887, James Gr-aham filed his affidavit of contest. int~rest. • August 19, 1837, the Commissioner of the General Land Office July 19, 1887, James J. Hill and wife to the Great Falls Water ordered a hearing on the charges made, which were that Camp Power and Town Site Company. bell had not, as shown in his final proof, made the land his home It will be observed that these transfers wet·e all made before for the period of six months required by law, and that his entry a hearing was ordered by the Commissioner of the General Land was ma Mr. HOLMAN. If the gentleman fron;1 South Carolina [Mr., ~ion put upon that seventh section by the Commissioner of the LATIMER] thinks proper to proceed now, I will yield him ten Land Office. , minutes. Mr. HARTMAN. Then, why was not the recommendation ot Mr. LATIMER. Mr. Chairman, I have no interest in this the Secretary of the Interior and the Commissioner of the Gen aruendment, but I am a member of the Public Lands Committee eral Land Office mentioned in the report of the committee? and was authorized by that committee to make a unanimous re- Mr. McCLEARY of Minnesota. I would like to ask the gen- port in favor of its adoption. The bill, as· I understand it, is tleman a question. _ mteuded to give relief to contestants who have been deprived Mr. LATiMER. Mr. Chairman, I ask that the testimony of their rights by the seventh section of a law passed in the dy- which I have sent be read from the Clerk's desk. ing hours of the Fifty-first Congress. As I understand the mat- Mr. McCLEARY of Minnesota. May l interrupt the gentle- ter, there were three members of this House and three of the man for a question? Senate to whom, as conf rees, that bill was referred, and after Mr. LATIMER. I do not yield for a question. a thorough investigation of the matter they reached an agree- The statement referred to above was read, as follows: mer.t, and did not intend to affect the claims of contestants, but WASHINGTON, D. c ., March 11, 1894. that those claims should stand just as they were -prior to the SIR: As the Public Lands Committee, of which you are a member author- p :.t ssaae of the bill. According to my understanding of thi-3 ized (unanimously) you t_o report favorably H. R. 4458, a bill to save' the con- m atte'"'r, there ~sa large land company.up i~ .Montana that h as }~~f_caats~~:~~!~~:~~~~~~%~~~~\f~t~~~~:Jt~:r!:de~~~~!~~%~i::~~s gott:m possessiOn of between five and SIX milhon dollars' wort h passed, and the bi~ you reported having been placed on the 14th instant in of l::tnd by buying land scrip and hirino- settlers to go upon the the sundry civil bill as an amendment thereto, and as the Washington at- , th h te d 1 f "'h ttl · · torneys, Burdett, Thompson & Law, of the Great Falls Water Power and l an d un d er e omes a aw, many o t ose se ers remaining Town-site Company of Montana, have sent a law brief and circular letter to only a few weeks on those lands. every member of Congress on the subject. and caused the letter3 of the Sec- Mr. HOLMAN. Under the pre3mption law I think. retary and co:mmissio~er ~f the Interior Department to be inserted in ~he 1\~~"ER G · h · d d ' th ·· t' RECORD, I believe I am Justified in sending you a. statement of facts showmg M r. LAT l.:n .. om~upont ~ 1an un er epreemp IOn whatisinvolvedinthewholematter. Aboutallthecasesthatwerepending law, and selling their claims to thiS Great Falls Water Power in the Depa.rtment have long since been passed to patent, with tb.e exception Company. As I understand it this company were in full posses- o~ the case of Jam~s Graham vs. The Great Falls Water Power and Town- . f 11 th f t d k ' tl th k' d f 1 · th Slte Company. Thts case is stitl pending under appeal before the l::;ecretary, swno a. e ac San new.exac "5; e In 0 C au~s ey andthewholeflghtisvirtuallyoverthisquartersection,involvingnotmore were buymg. Then other p arties commg along and ~ndmg the than 160 acres. . land vacant went in under the homeste d law and claimed these James Graham, ~he plamtilr, won his case before the act of March 3, 1831, ... h 1 f \.)80 h h d · · t t t th was passed; that 1s, on the 2.>th of January, 1891 (a short time before Mr. 1ands, and und er 11 e aw 0 l o t ey a a rign 0 contes e Carter become Commissioner). Assistant Commissioner Stone decided the claims of the p a.rties whose claims had been bought by the Water so-called final proof made by A. c. Campbell was fa.lseand fraudulent. 'l'he Power Company. These contested cases many of them were allegl;\tion in the complaiD:t was that Campbell, the defend_ant, was one of · · f h b h L' d D t 't d the hrred settlers and actmg for the corporation in acqmring tills 1and. deCI~ed In favor o t e contestants Y t e an. epar men ·' an The corporation having lost, they were allowed sixty days to appeal from the titles went to pa.tent. As I understand It there were only the Commissioner's decli!ion to the Secreta.ry, but they did not appeal. Be about twenty-five cases pendino- prior to the present adminis- for~ the sixty da;vs expired ~he seventh sec~iOR was inserted by the conf~r- . . · L d D ·t o ees m Lhe repeab.~g act, whiCh seventh section, as construed by the In tenor tra twn o~ the an epar ment. Department, ratified and confirmed all the fraudulent entries, notwith- There IS only one case now that we know of, the Graham case. standing the pla.inti.l'f had proven the frauds, expended his money, and won This man Graham who h as been referred to by my friend from his case be!orethe_Commissioner. Five of the conrereas have repudiated ' ] l · l - d t b f • th the construction given by the Department of the Interior upon the seventh Montana [Mr. HARTMA~, fi ed h1s. c alJ? an. wen e Ole e section, leaving only one membtJr or that conrerence committee LSenator Land Office, and the clarm was dec1ded 1n h1s favor; but pend- PETTIGREW] who is quiet on the "quieting title" of the sevent.h section. ina the appe3l the law was passed by the Fifty-first Congress Judge HoLMAN on the 14th instant explained on the floor of ~he House the b, • • • h t d b ' views of all th~ conferees except those of Senator PETTIGREW. which set ~s1~e h1s cla1m, for under t at 1aw, as cons rue Y Some six years ago, wnen Graham commenced his contest tor this quar- the CommiSSIOner of the Land Office and the Secretary of the ter section of land, it was or little value, being about 3 miles from the Interior, even where frauds are proven to have existed, the town or Great Falls; but since then, and_ while this contest is p~nding, the · f th te t ts t 'd For example if this land has become valuable, and the town-s1te company, with the ~&>,OUO,OOO of c l a1ms o e con s an are se as1 e. . ' capital, are making this fight to hold it. Water Falls and Land Company were to buy a p1ece of land Very respectfully, from a man who had obtained it fraudulently, that fraud could . . c. W. BUTTZ, not be investigated,· the company must be considered an inno- Hon. A, C. LATIMER. Of B uttzvtlle, N. IJak., .Attorney for James Graham. cent purchaser, and the patent must issue. STATEMENT MADE TO THE COMMITTEE ON PUBLIO LANDS. Mr. TAWNEY. Does not the act of 1891 expressly except cases Before the year 1884 no settlement, except by roving stock raisers, had where fraud had been perpetrated? been made upon the public lands on the upper Missouri River, in Montana, Mr. LATIMER. As I understand the matter, even where atandabouttheGreatFalls. Thewaterpowerat that place isgt·eat and •t d t te · t th tall II very valuable. About this time a syndicate, or combination, was formed, f raud h as b een proven, I oes no en r Ill 0 e case a · consisting in part of Me8srs. Gibson, Collins, Broadwater, Hill. and others, the purchaser of the land can prove that there was no fraud in to a.cqurre title t{) public lands, on eacb. side of the river at and for many his purchase, though it was bought from a fraudulent claimant, miles around about said falls. There were only two ways that they could he original fraud does not enter into the matter. .That law was obtain the public lands in large quantitie.:>. They could purchase land scrip, t which had become very high and scat·ce, or they could contract with and passed in the dying hours of the Fifty-first Congres~ without place upon the land a clas~ of men called "settlers," taking a contract or being fully understood; for, as the gentleman from Indiana [Mr. deed from them with date left blank. to tlll in after final entry or proof was 't t · t d d d t d b fi made. 'l'his latter course was the cheapest and tile one adopted, with very H OLMAN ] h as stat e d ' l wa.s no lll en e or un ers oo Y -ve fHw exceptions, as two SO-acre tracts at the immediate ends of the Great of the conferees that it should bear the interpretation that has Falls, and perhaps one or two other pieces more valuable than the other been placed upon it. Only one member of the committee under- lands (that it was not considered safe to trust hired settlers to acquire) · · f th G a1 L d were obtained by Sioux half-breed scrip. stood its e ffect to b e as the C ommlSSloner 0 e ener of the money required to obtain the land, and after being conveyed to "go whether Senator Plumb intended to cut otr pending contests or not by this betweens" then by them conveyed to him who had furnished the money, and seventh section, and. he promptly replied that he had no doubt that Senator that soon thereafter (they incorporated, fixing their capital stock at $5.000, Plumb intended that should have the e1!ect that the Interior Departmen' COO ) to wit: On the 19th day of July, in 1887, Mr. Hillin one deed conveyed a was giving it, whereupon the following letter and reply were written and large portion of the land so acquired, to wit, !5,000,000 worth to said corpora recelved: tion, of which he was president. The deed on its face says, "For and in con 719 EIGHTH STREET, NW., sideration of the sum of $5,000,000 to them paid in the capital stock of the WASHINGTON, D. C., February 23, 1893. aaid company," etc., he conveys by a" quit-claim" deed certain lands that is therein described. The stock of said company is reported to be in value DEAR Sm: I am informed that you stated to Hon. vVILLIAM S. HoLMAN above par. that the late Senator Plumb, who was a member of the committee of con· It appears after this date that other "quit claim" deeds conveying large ference that insert.ed section 7 in the act repealing the timber culture and tracts of these public lands to the said corporation were made, one notably preemption law on March 3, 1891, told you in your offlce. while discussing on the 13th day of June, 1889. This conveyed many hundred acres of land, said section 7, that Assistant Secretary Chandler had pla.ced a construction the deed says on its race, for "the consideration of $1." Afterwards deeds on it not intended by Congress, and that it was not the intention of the con· were taken directly to the corporation. terence committee to interfere with contest suits pending in tbe Depart It will be observed that before 1881 there were no settlements in that sec· m ent; that it was a travesty upon justice to do so. tion of the country, except a few cattlemen. Within about three years this Will you kindly let me know if this is correct? syndicate had acquired over :1'6,000,000 worth of public lands, the country Very respectfully, was then opened up for settlement, and the people were rushing in fl om C. W. BUTTZ, every direction. Finding the land for many miles around had all been Attorney for James Graham. taken in so short a time, inquiries as to the manner in which it had been Hon. WILLIAM H. STONE, obtained, rumors and renorts were in circulation to the effect that it had Commissioner General Land Office. been fraudulently obtained. About two years had. elap.:~ed since the final "The foregoing is substantially what the late Sen~tor Plumb said to me proofs had been made to some or the most valuable tracts. In tact nearly in the General Land Otfl.ce a short time before his death. two years had expired from the time the fraudulent final proofs were m ade "WM. H. S'l'ONE, Commissioner." upon the whole extent of the country. But the act of the 14th of May, 1880, did not limit the right of contest; in fact it invited contest up until You will now observe that two of the two Senators who were on that con patent was issued, and there were stro:q.ger reasons !or contesting final ference committee absolutely repudiated that seventh section as construed proof or final entry where it had been made by false testimony than on by the Interior Department. almost any other grounds, and about this time many contests were com As to the House conferees, Judge HOLMAN introduced the measure to cor menced against the so-called final proof through which this corporation ac rect the great wrong that had been done, and stated on the floor of the House quired this vast amount of land. Amongst the mostnotablecasesof contest last session of the Fifty-second Congress. to wit: alleging fraudulent final entry and proof was that of Jones vs. Mat,kins, "I was a member of the commit.tee of conference when that act was passed, Bruce and McLoyd case, in which Paris Gibson, the vice-pre:.ident or the but did not suppose that tbe provision referred to in section 7 could be so town-site company figured as contestant, against his own so-called title to construed as to cut otr appeals then pending. It ha.s been interpeeted, how save the same; James Graham vs. A. C. Campbell, and many others, in all ever. to apply to appeals then pending; but of course it should not be so of which this $5,000.000 corporatiOn claims ownership of the land, and were applied." and are the real defendants. lf these parties contesting could win their con Mr. PTCKELR, another member, reported from the Public Land Committee test many others would have been encouraged, as the law of 1880 did not in the Fifty-second Congress a like measure to correct the construction limit the time in which contests were to be commenced, except before pat given by the Department, and denounced the seventh section of the repeal tent issues. Thus you will see the importance or this seventh section that ing act. was added to the repealing act of the timber-culture and preemption l a.w, Judge Payson, who was a member of that conference committee, and which was added by the conference committee, and presented to the House chairman of the Committee on Public Lands in the House, wrote the follow of Representatives on the night of the 3d of March, and without its b ing ing letter on the subject: read or understood was adopted and became a law, and construed by the Department to confirm fraudulent entries. "1229 MASSACHUSETTS AVENUE, Five of the six members of that committee have repudiated it. Congress "Washington, .D. C., February 24, 1893. having been imposed upon, not intending to pass a measure, as construed "DEAR SIR: Replying to your inquiry, I was on the conference commit by the Intei'ior Department, taking away the vested rights of the citizens, tee reporting the act 0f March 3, 1891, repealing the timber-culture act, etc., the least that. can be done is to re ~tore the contestants to the standing they and remember as well as though it were only yesterday that the conference had under th(lla.w at the time this careless legislation occurred. If you Wlll intended that that act, especially section 7, should nreserve all rights that; examine the dates of final entries and proofs and the dates of the contests had been :;tcq~red under the various public land laws repealed by the pro over part of this $6,000,0JO worth of public lands you will undoubtedly come posed leg1slat10n. The amendment No. 104, page 65 (sundry civil bill), for to the conclusion that the dates and the time fixed in said seventh section act of February 23, 1893, ouly plainly expresses what I and the other con of the repealing act of March 3, 1891, were all fixed and arranged to meet ferees understood, as I believed, was the otrect of section 7 o! the act. this Great Falls enterprise. "We all agreed in our conferences that we would in any repeal save the Au efl'ort was m1de in the last Congress to correct the gross wrong that rights of actual settlers. as well as all acquired rights existing at the date h ad innocently, so far as Congress itself is concerned, been imposed upon of the passage of the act. Senator Plumb and I spoke of this several times litigants in the Interior Department by Congress. An efl'ort was made at after the adverse holding at the Department. that time to find out the history of the seventh section that had been in "Yours truly, serted in the repealing act of the timber-culture and preemption laws, on "L. E. PAYSON." the ni~ht of the U or March, the last night of the session, 1891. It appears "Hon. C. W. BUTTZ." that the two Houses of Congress had disagreed upon the terms or conditions , of the repealing act, whereupon the diff~rence of the two Houses was sub· Thus you will see that the late Senator Plumb stated to both Judge Pay mitted to a conference committee, consisting of: son and Commissioner Stone that he never agreed to or intended to have Senate: Plumb, Walthall, PETTIGREW. said seventh section apply to and atrect pending contests. And as Messrs. House: HOLMAN, PICKLER, Payson. HoLMAN, PICKLER, and Payson, the three members on the part of tbe House, This conference committee added section 7 to said repealing act, and made repudiate it, consequently we are justified in concluding that the other or the report at the night session of the 3d of March, 1891, in the closing hours sixth member is the responsible man. T.ne most remarkable coincidence in hours of the Fifty-first Congress. this matter is the arrangements of the dates and limitations in said seventh The record shows that said report was agreed to in the House by unani section, so as to cover all the questionable final proofs made for the b .Is $1 a-day; •then for wood, cutting and hatlling, about 25 cents a d ay; re Mr. COLQUITT. In the first letter I read the-price was $1.15 a .gallon and a pairs, etc., 25 cent-s a day, making the actual eJg>enses for that distillery $3 rebate of 25 cents a gallon for returning the stamp; that was the ·flrat letter ·a 'day, and the income from it is only -$1.00 a day according to the report. !read. · .At the-price they sell spirits for they caiLilot operate a. distillery of that Mr. 1\iiLLER. We get many of these letters and refer them to Mr. Colquitt ·kind honestly. Spirits are cll.ea.per in North Carolina. than anywhere else or the agent in charge of the district from which the letter comes. in the Union. In Illinois, Ohio, Kentucky, and Georgia and elsewhere the Mr. CoLQUITT. Here is a transcript taken from one which has a. certain yield per bushel is from 3 to 5-gallons. The actual yield in North Carolina. number, which has a record of the packages on deposit, and it shows that ·is.about 3 gallons; but most of them Cl'OWd the mashes and work off the these three packages were sold to ----. --, --.-on October 24. tubs every two or three days, instead of evtlry four days, as allowed by law, Now, the inspection at Charlotte on October 13, eleven days prior to that making the daily yield from 9 to 15 gallons per day, only 6 of which is ware time, shows these _packages had gone through to ----, --, --, housed and tax paid. The Test is gotten out through collusion with the the same packages and "the--stamps .returned. Then on October 28, again storekeeper and gauger by the .reuse of stamps and using 4}-gallon 1kegs. these same packages go to ----, --, --. -He has used these ba.I'· The law requires a stamp on everything above that size. The seizures since ·rels three times within two weeks . .July 1 have been in this division 35,987 gallons of whisky and brandy- The CH.A:IRMAN. With the same stamps? The OHA.IRMAN. In what'S tate? Mr. COLQUITT. Yes, sir. • Mr. COLQUITT. ~n 'North Carolina and Southern Virginia. .About 5,000 The CHAIIu1AN. Explain to the committee how that is done. more were ship_:ped into South Carolina, Georgia, .Alabama, and Florida. in Mr. COLQUXTT. Well, sometimes they take the head out of the barrel, re kegs, and have been seized there and no claimant has appeared for it. The turning the barrel with the head inside, and then a cooper takes and turns number of registered distilleries seized in that time has been '41. That is for it again. Then, again, they take the stamps off and send them back, just as -violations where we can catch them absolutely in the wrong. illicit distil· those I .showed you, and they put them on another barrel, as they have all leries seized, 97; horses and mules, 19; tobae::co factories, 7. Now, those the brands. Another way they have of doing is to talre out the barrel heads tobacco factories were seized because they were putting on 40 or 30 pound and pack them up .in a box and send them back by express. I can sa.y, how boxfs a tO-pound stamp and thei'eby swindling the Government.. Now, I have ever, the storel{eeper and gauger are in collusion where those things occur. here lstters showing-you how these frauds are perpetrated. Mr. MILLER. Mr. Colquitt keEtl)s now some people at the depot,-and jn /(Here Mr. Colquitt exhibited and read letters to the .committee which he -that wa-y they catch up with a great many illegal cases. stated he did not desire to go.in the record.) Mr. CoLQUITT. Now, "take this case: Here is a distiller, not a man w~o M r. MILL"ER. I thin!{ it would be better not "to file these letters. with your ownsit,butaman-who·worksthere,hesay,;: "You willflnd two or three -permission, for the reason that these ·parties will not send them in it they barrels o:f liquor .in his barn near tlle distillecy. under the fioor. Tb.ey.have know thn. t -we give them out to the public, and they have simplY been brought not .atamps on them. They fill a barrel at the distillery with stamps on it, along to show the committee and not for publishing. You see, a good many an'tl the storekeeper allowed him to refill it. He works his beer of!' every people will send us confidential communicatiomrthat they do not like to see two da;ys.andmakes :two mashes every day instead of one. The-storekeeper in the record, although they are considered honest people. changes the numbers on the tubs to make them work Tight. "They cai'ry Mr. COLQU.f'IV.r. I just brought one of -each kind, showing you how they per liqnor from the cistern room in a 10-gallon keg and put it in "the barrels at petra.te these frauds. Now here are stamps which thqy get ana put back on the barn under the floor." That is one way. the barrels and .get ·them out a second time [exhibiting aame]. This was Here is a letter from a •man who has been a storekeeper and gauger, who taken from a barrel and carried back and put on another. .says: "InaVf' been on d ut;y here ior several da-ys, and the distiller inforlll4¥.l .Now, here is a complaint froJ.Il the second district of Tennessee, u .om the me tha.t.lw could .not .run unless .I allowed .cer.tain things to be done, and ..1 collector. These kegs are just going into there by hundreds. informed.hinl t;hat I had been in thfl sarvice twenty-five years 'o!'l'-and on,' Mr. MILLER. I would like for you to hear that letter. Mr. SAYERS: and had my .first unofficial act'to do, ananow,.takingall things into consid eration,:! must still adhere to -whP.t I knew to be.right. So we made our ' ' INTERNAL REVENUE SERVICE, last mash on the 12th iusta.nt. He ..ha.s no fault .to .find wlth me, but I 'told ' -- 3148 CONGRESSIONAL RECORD-HOUSE. MARCH 20, and information received from the revenue agent of South Carolina, Georgia, Alabama, and Florida.. and pursued by hired informers, secret agents of the Govern· The GHAIRMAN. How much of the 35,000 gallons seized in North Carolina. ment, whose names are unknown to him and to the community. was claimed by men who claimed to be the owners or them? What a travesty upon liberty, equality before the law, and jus· Mr. COLQUITT. There bas only been one large distillery on which a bond was filed, and that was the Bailey distillery. tice! These hired spies and secret agents of the Government The CHAIRMAN. How much did that bond cover? would not be believed on oath in a court of justice anywhere. Mr. CoLQUITT. His bond covered lO,OJO gallons at the one distillery. When a small dit>tillery is seized, confiscation is the result, no The CHAIRMAN. Could you give the amount of that seizure? matter whether the accused ba guilty or innocent. Mr. CoLQUITT. Mr. Vanderford could do that better than I could. Mr. VANDERFORD. In making examination of Mr. Bailey's distillery we The internal-revenue law seems to hold that everyman charged found that Mr. Bailey was using an entirely different distillery from that with a violation of any of its provisions shall be deemed guilty set forth in the plan of his distillery. In fact he bad no plan.. We found until he proves his innocence. When whole communities are that the product of his distillery for one day was 281 gallons, while his store keeper and gauger had only been reporting an average of 124 gallons. The treated by this system as outlaws and criminals, it is not strange capacity of his distillery was 6ll bushels. He was reporting 60 bushels, or 2 that they should regard themselves as subject to the very bushels less than his capacity, and was actually maldng about 281 gallons of mea·nest sort of tyranny and oppression. Dark-lantern methods spirits each day, and was only reporting 124, or just 80 per cent of his capac ity. We found that his warehouse had been changed; tbe plan of his ware will not loug be tolerated in this age of freeilom and enlighten house was-not that originally surveyed, and for that it was ordered to be ment. In the vast majority of cases the seizures and arrests seized and the seizure was made. made are for technical and trivial violations of the law. There He was working a still-just for convenience, say be was working four tubs; he was working sixteen, bnt instead of his working sixteen, we will are very few convictions in the courts, but fees and char ge3 are just say four. Now. instead of working one on the first, two on the second, multiplied in every way and the Government is continually three on the third, and four on the fourth, he was working one and three a mulcted in heavy costs. · day. He was working one and three to-day on the first, and he was working two and four on the second, or working double. and instead of working the Mr. Chairman, I think the Congress of the United States amount he says, he was working two tubs when he ought to have been work should sat its face against any such system of espionage as is ing one. Now, all of that was learned by an examination made at his dis disclosed in this evidence. There is no argument to sustain it. tillery. Mr. COLQUITT. I will say in regard to the question as to the amount There is no reason why the Government should pay informers claimed, that all of this except this one large seizure has been quantities of and hire witnesses to testify against its citizens. The3e inform 5 gallons up to a majority of less than 100 gallons. - ers are secret hirelings of the Government, whose names can The CHAIRMAN. No claim has been set up. Mr. COLQUITT. None at all. Why, on these registered distilleries we make not even be published for the information of Congress. Tl1ey no report unless it is absolutely such a case as there is no possibility of their are going about al~ through the country in a mysterious way. getting around. Wherever there is anything that they can fight a case upon In the secret servlCe of the Government they may abound in even in those courts there, we rarely make a seizure and do not recommend it, aud it is not done unless directed by the Commissioner. The reports all every neighborhood. _ come in to him and seizures are never made on these registered distilleries This secret service system, as I have said! is in operation without the sanction of the Department. mainly in North Carolina and a small portion of Virginia, as Mr. l'.:t:r. MILLER. How many seizures have you made since the 1st of July of registered distilleries? Colquitt says. I a'm not blaming the revenue officers for dis Mr. COLQUITT. Twenty-seven. and illict distilleries ninety-seven. charging their duties under the law. They must obey the or The CHAIRMAN. Were these illicit distilleries being conducted by persons ders they receive from headquarters; and I am not blaming the who had licenses? Mr. COLQUITT. No, sir; they are actually moonshine distilleries, run with Commissioner of Internal Hevenue for doing what he conceives out any bonds at all. These are the kind of fellows you have to watch om to be his duty in having the law efficiently administered. But for and have a pretty good force or they will run you out. There is a great I wish to say to him that extraordinary measures and methods deal of brandy distilled. You know that that is left almost entirely to what a man reports. Now, he swears to his report and it comes in that way. You for the enforcament of the law are no more nee 'l ed in North will find a report for 15 to 20 gallons of brandy, and if it is investigated you Carolina than in West Virginia, Kentucky, or Texas, or any will probably find 125 to 1,000 gallons which the Government gets no tax on other State. I do not think they are needed anywhere. - at all. These distilleries have not been seized as a rule, because in regard to the brandy distilleries the law is not as close as it is upon grain distillerles. The internal-revenue laws, as I have said, have always been The CELAIRMAN. Why should any difference be made between the brandy harshly enforced everywhere. There are a great many viola distilleries and the whisky distilleries? tions of law in different parts of the country as well as in North Mr. CoLQUITT. Well, sir, I do not see myself, but there is the law, and at the registered brandy distilleries the Government has no agent there at all, Carolina. Whi.e on this subject I wish to read an extract from and at a grain distillery they have a storekeeper and a gauger, but at the an opinion delivered by Mr. Justice Miller, in the case of the brandy distillery they make their report upon the amount of fruit received, United States vs. Ulrici, decided in the eastern die:trict of Mis the time worked, and its yield, just as they feel disposed. and swear to it. souri in the year 1875, and published in 3 Dillon, 532: The CHAIRMAN. Without any inspection upon the part of the Govern ment? It is very well_ understood, both by the courts and by the profession, as well Mr. COLQUITT. Well, the deputy collector goes around, and we get as by everyone mterested in the matter, that the collection or the internal around as much as we can, but there is a vast number of distilleries run revenue tax in this country has required a system of legislation for its en ning and it is impossible to get to them. In fact, in the StMe of Virginia forcement harsh beyond everything known in our history. Anl it is equally there are twelve to fourteen hundred brandy distilleries this year-you well understood that, harsh as these measures are, they have been far from know there was an enormous fruit crop-and there is probably a thousand successful. Notwithstanding the heavy penalties denounced against crimes in the State of North Carolina.; so you see it would be impossible to get to which go to defraud the Government of its revenue from internal taxes, and all of them. notwithstanding the minuteness and particularity in the description of The CHAIRMAN. How many grain distilleries are there in Virginia? these crimes, and notwithstanding all the aids which Conc: ress has given by Mr. COLQUITT. Well, there are only about, I think, 18 grain distilleries in legislation to the enforcement of the revenue laws. they have been very im operation in Southern Virginia. perfectly executed, and that the·Government is cheated out of perhaps one The CHAIRMAN. And how many inNorth Carolina? ha.t of its revenue, especially from the tax on whisky and tobacco. Mr. COLQUITT. Five hundred; 250 of which are in operation. I take 250 Judge Miller speaks deliberately, after a careful investigation from the list and from the last report of the Commisssoner, up to, I think, the 1st of November. Here is the list o:C the registered grain distilleries, of tbe whole subject. The entil;e system is evil and corrupt. and you can see what there are in North Carolina. The same motives which actuate men to violate the law in North Mr. MILLER. There were 1,650 registered distllleries at the close of last Carolina will actuate them to violate it in New York and Cali year. Out of that number 600 were in North Carolina. fornia. Human nature is the same everywhere. The CHAIRMAN. Have you anything else to say? Mr. CoLQUITT. No, sir: I believe not. Mr. Chairman, I would not have said a word about this mat The CHAIRMAN. Mr. Miller, have you anything further to say? ter if the States of North Carolina and Virginia had not baen Mr. MILt..ER. Nothing at all. singled out for condemnation; ' and these two States havA been The CHAIRMAN. Mr. Vanderford, have you anything to say? Mr. VANDERFORD. No, sir; I do not know that lean say anything more. thus singled out without their Representatives having hn.d an opportunity to go before the committee when this matter was It seems that there are about 500 registered distilleries in up-and when the statements refl ecting -upon these two States North Carolina, only 250 of which are now in operation. .B,our were made. We were not permitted toconfrontthesegentlemen fifths of the whole number mash less than 4 bushels of grain per and to hear what they had to say, and if necessary to cross-exam day and are owned by poor men who are not permitted under ine them. Their statements are general in their terms. No the law to reclaim their property in C3.Se of a seizure by the rev names are given and nothing definite is asserted. If the light enue officers. No distillery nor distiller's apparatus seized for had been turned on the Committee on Appropriations would any violation of law can be released to the claimant, except in have been permitted to hear the other side. case of a distillery having a registered producing capacity of Mr. CANNON of Illinois. Will my friend allow a suggestion? 150 or more proof gallons per day, and not then unless the claim Mr. HENDERSON of North Carolina. Yes, sir. ant gives the bond required., and also shows by sufficient affida Mr. CANNON of Illinois. I wish to suggest whether what vits that there are hogs or other live stock, not less than ;)0 in the gentleman complains of is not the fault of the system, and number, depending for their feed on the products of said distil whelher it would not be better to repeal the internal-revenue lery, which would suffer injury if the business of such distillery laws, thereby affording the remedy. _ is stopped. (Revised Statutes, section 33::n.) Mr. HENDERSON of North Carolim·~· I will say to my friend This is a very strange provision of law which favors a rich Jrom Illinois [Mr. CANNON j that per:lonally I have always been distiller who owns 50 head of hogs and cattle, but at the same in favor of repealing the internal-revenue laws. I am not speak me discriminates against the rLh distiller H he 1s not fortunate ing now as a partisan. The Democratic party in the State of enough to own as many as 50 hogs or other cattle. The poor North Carolina has always been in favor of repealing the inter distiller is not recognized at all. No favors are ever shown to nal-revenue laws and of modifying the harshness of this system. him by the internal--t>evenuelaw. He is to be s~ealthily watched Mr. CANNON of Illinois. It seems that the gentleman's party 1894. CONGRESSIONAL RECORD-HOUSE. 3149 in this ConQ"ress are not making very much headway, but are getting around. Wherever there is anything that they can fight a case~pon ~ l ta even in those courts there, we rarely make a. seizure and do not recommend rather increasing instead of repealin~ the interna -revenue xes. it, and it is not done unless directed by the Commissioner. The reports all Mr. HENDERSON of North Carolma. I understand that, and come in to him, and seizures are never made on these registered distilleries I know the cause. Theextravagantexpenditures of the last Re- without the sanct.ion of the Department. publican Administration necessitated some new sources of reve- But they will go on and seize whisky from a small distiller nue. But I have been in this House since the Forty-ninth Con- who is un_-tble to reclaim it under the law. They seize, as it gress, and I have been doing my best during all that time either would seem, the barrels of whisky and kegs of whisky of no great to have repealed or to have modified the internal-revenue sys- value in ca~· es where the owners of such b.~Lrrels and kegs are un tem, and vote after vote has been taken upon that subject, and willing or unable to contest the matter in the courts. In most the gentleman's own party has almost unanimously voted against instances the game would not be worth the candle. I wish to every proposition either to repeal or to modify the internal-rev- say, however, that the Federal courts in North Carolina admin enue laws. ister the law justly and in the most impartial manner. The Mr. CANNON of Illinois. We are against the proposition Government and the citizen are treated by the judges with the which is now made, to increase the internal-revenue taxes, and same impartiality and justice. your side are voting in favor of the increase. Now, Mr. Chairman, I believe that the distillers in North Car- Mr. HENDERSON of North Carolina. I have not favored olina are just as honest as the distillers in any other State in the increace. I am not alluding to the income tax, which I this Union, and I believe that the dealers in spirituous liquors heartily fa.vor. The gentleman from Illinois LMr. CANNONj is are just as honest in the State of North Carolina as elsewhere, a member of the Committee on Appropriations. I do not know and that they pay their taxes just as honestly as the dealers in whether he favors the increase in the item about which I am spirituous liquors in any other State in this Union; the store speaking, or not. but here are $25~000 additional appropriated, keepersandgaugerstoo,inmyopinion,arejustashonestin.North and the statement is made-if not by the Commissioner himself, Carolina as elsewhere; and I say it is an unfair thing that the at least he was before the committee and tacitly assented to Commissioner of Internal Revenue should come before the com it- that this fund is being used in North Carolina and Virginh mittee and single out the States of North Carolina and Virginia in order to hire witnesses to testify against citizens there who for condemnation, as if those were the only States where there are doing a legitimate business, but who are charged with vio- were any violations of the law. Why, Mr. Chairman, on that lating the internal-revenue laws. I hope the gentleman does committee we find the gentleman from Georgia [Mr. LIVING not favor such a method of enforcing the law. SToNj. We find the chairman of the committee the gentleman Now, Mr. Chairman, I do not object to the laws being en- from '£exas [Mr. SAYERS]. Does any one suppose that either of . forced. As long as these laws are upon the statute book they these gentlemen would permit their States to be singled out, as ought to be enforced, but they ought to be enforced in a legiti- mine has been! as States where large chsses of the citizens of mate and proper way. Every citizen should be presumed inno- those States are deliberately guilty of violating the laws of the cent of wrongdoing until he is proved guilty. That is fair and United Stal;es? I am sure they would protest as I have done. according t o the common law. Mr. SAYERS. Will myfriend allow me to ask him oneques- No good reaEOn C: n be given, and I do not believe any gentle- tion, since he has referred to me? · man on this .floor can justify himself before his constituents for Mr. HENDERSON of North Carolina. Yes, sir. voting for a law which will authorize an internal-revenue officer Mr. SAYEH.S. Can you tell me how it is that with the tax to p ty the money of t he Government to one citizen to inform at UJ cents a gallon they ca.n sell whisky at $1.15 a gallon? against another citizen. Mr. HENDERSON of North Carolina. Well, I do not know; Mt·. SETTLE. If my colleague will allow me to ask him a but you ought to know that it is sold at that price all over the question right there, is it not from the operation of this very United States. appropriation of $25,000 that the most trivial prosecutions find Mr. SAYERS. I was not aware of the fact. their way into court, and it is not the exception where, in a case Mr. HENDERSON of North Carolina. I suppose not. I say coming in under this provision, a conviction can be secured? the average price of whisky is just as high in North Carolina as Mr. HENDERSON of North Carolina. Very likely. I will say it is in any other State where it is made, in large quantities, this document states what these gentlemen are doing, and how and for that matter it is just as good. they are using the money; aud they say that the money is used Mr. CARUTH. It was sold at 25 cents a gallon before there for certain purposes. One is to find out whether stamps have was any tax. been reused or not. It seems that thousands .of gallons of I Mr. HENDERSON of North Carolina. It was sold at25cents spirits in p :1ckages. either barrels or kegs, are seized here and 1 a gallon before there was any tax upon it, and if the tax is 90 there by the internal-revenue officers upon the alleg&d ground cents, and ii without a tax they could sell it at 25 centsagallon, that the stamps have been reused; but the trouble about the they c "l.n certainly sell it at $1.15 a gallon now. system is that these seizures are usually made upon suspicion Mr. STOCKDALE. You ca.n buy it anywhere for $1.15 a gal- without any real authority of law, without any proof against the lon. distiller, without any proof against the owner or proprietor of The CHAIRMAN. The time of the gentleman from North the whisky-I mean such proof as would be sufficient to convict Carolina has expired. in court. The packages are oftentimes seiled hundreds of miles Mr. HENDERSON of North Carolina. Mr. Chairman, my away from where the dealer lives or where the distiller lives. time is exhausted and I have not completed what I wish to say. The whisky is seized and confiscated to the Government. I would like an extension of time. The owners of the spirits are not allowed any opportunity tore- Mr. SAYERS. I shall have to object to any extension of claim their property, and as a general rule a keg is seized here time. I am perfectly willing that the gentleman shall extend and a barrel yonder, in different parts of the country, sometimes his remarks in the RECORD. There is no objection to that. hundreds of miles fro~ the.homes of these people,andis~ythat Mr. HENDERSON of North Carolina. I ask leavel then, to anybody who reads th1s evidence ca.n see th tt these seizures, extend m y rem 1rks in the RECORD. almost without exception, are made andjtwouldseemintention- The CHAIRMAN. Unanimous consent is asked that thegen ally made against poor men who can not a ff ord to go into the tleman from North Carolina [Mr. HENDERSON] extend his re courts and litigate the matter. The innocent and guilty are marks in the RECORD. Is there objection? punished alike. The Government is mastar of the situation in There was no objection. all such cases. In many cases. however the Commissioner, when The CHAIRMAN. The gentleman from Minnesota [Mr. Me- the matter is called to his attention, releases the property seized CLEARY] is recognized. without cost to the Government. Mr. McCLEARY. I yield five minutes to my colleague [Mr. Mr. ORA WFORD. I will ask the gentleman whether the TAWNEY]. I ~ • Commissioner of Internal Revenue contemplates incre ~ sing the Mr. TAWNEY. Mr. Chairman, notice was given last week force under what is known as Form 1_0? by the gentleman from Montana lMr. HARTMANJ that a separate Mr. HENDERSON of North Carolma. I do not know. vote would be demanded on the amendment which the gentle- Mr. C?AW.B'ORD. If. there. is no .increase of the force in- man from Indian~ i~corporated into the pending appropriation tended, It m~st be the mtentwn to mcrease the pay of those bill, when that bill Is reported back to the House. already appomted. The discussion of that amendment at this time, as I understand Mr.. HE L'TDER.?ON of N~rth Carolina: ~s ~ understand it, it, is for the purpose of explaining to the c~~mitte~ ~he legal the obJect of the mct·ease or the appropriatiOn IS for the detec- e ffect of that amendment upon the rights of Citizens, if It should tion of frauds by paying witnesses to testify .against the citizens become a law, in order that members may vote more intelli and to enforce the law generally: and ~he seiZures that are made gently upon it than they otherwise would be able to do. are for the most part of the property of men who are unable to I am not personally interested: nor are my constituents inter· go into the Federal courts. Mr. Colquitt virtually says so: ested in the proposition, except so far as it involves the question Mr. COLQUITT. None at all. Why, ontheseregistereddistlllerieswemake of unsettling titles generally throughout the United States; but no report unless it is absolutely such a. case as there is no possibility of their there is a town in the State of Minnesota, situated in the second 3150 CONGRESSIONAL. RECORD-HOUSE. MARCH 20, Congressional district, whioh adjoins mine, where the property from the Government of the United States to their land, their owners aro vit:1lly interested, and. their rights would be very grantees or the men to whom they have con_veyed the land to seriously affected by this n.mendment if it should pass. save borrowed money. I want to say to members of the committee that prior to the M!'. BOEN. That does not answer my question. aa"t of May 14, 18 '0, Congress never recognized the right of any Mr. TAWNEY. If the gentleman wants a more sp~cific an citizen to contest the title conveyed by a final certificate. Prior swer I will say the seven hund.redcitizens of the town of Jasper, to that time the Land Department had recognized the right of in the Sta-te of Minnesota, whose titles to their homes will im contest, but with reference to the reentry of the land the suc mediately be involved in a contest. ce sful contestant stood upon the same footing identically with Mr. BOEN. Is not Jim Hill the owner? alLother citi ~ens; he had to take hischances-with therestof the Mr. TAWNEY. I do not know anything about Jim Hill's in world in securing an entry if the original entry was canceled in terest. He does not constitute the people or all there is of the consequence ol his contest. p8ople of that State who own land acquired from the Govern A great many contests were instituted p1'ior to and were pend ment. ing in 18!:50. These contestants had sufficient influence in Con Mr. HOLMAN. I yield five minutes to the gentleman from gre~ to secure the p ::1.ssag-e of an act which gave them the rig-ht North Dakota [Mr. JOHNSON]. to be notified by the register or receiver of the local land of Mr. JOHNSON of North Dakota. Mr. Chairman, it has been fice if the original entry was canceled; and then, after receiv the traditional custom of thi3 country when any change ism lde ing that notice, they were allowed thirty days in which to enter in our laws. to have a proviso inserted saving· the rights of liti the land involved in their contest. gants whose cases are then pending. The conference committee The act pa sed, I say, on May 14, 1880; and I may say that the having in charge the bill now known as the act of March 3, 181H, motive for the act was this· Prior to that time the Land De changing the mP.thod of disposing of public lands, intended to partment did not allow to the successful contestant any prior and thought they had placeu in that act a saving clause of that right of entry~ a nd in orde1~ to obtain information. of the cancel- kind. It is strange that the gentleman from Montana under _latio.n of' the contested entry it was necessary for them to em takes to say that the gentleman from Indiana [Mr. HOLMAN] ploy someone in Washington to ascertain when the entry was has been lmposed upon in this matter. The gentleman from In tinaUy canceled, in. order that they might be the first to reach diana was upon the committee of conference. He h ~~ s served the local land office and make the first entry. That provision, here continuously ever since, and this act was thoroughly dis therelore, of the act of 1880 was intended merely to give the cussed and passed by this House last winter. The Committee contesta!).t the prior opportunity to enter the land without ex on Public La.nds has reported favorably to this House on this pense. I thad no other purpose and accomplished none other, and amendment for three consecutive winters. his rights under this act of 18 0 did not accrue until the actual Why does not the gentleman from .Montana call on the gen cancellation of the original. In construing the act, the Land tleman from South Dakota [Mr. PICKLER], who was also a mem Dep rtment never held this right to be a vested right until the ber of the committee of conference on the act of March 3, 1~91, cancellation of the original entry. Wben the original entry instead of those gentlemen who are serving their :first winter wa canceled, then, and not until then, the right partook of the here. T be probability is that the men who were on that com nature of a vested right. mittee of conference, and who were thoroughly conversant with I say that was the status of the law up to March 3, 1891, when the discussions of that question in the first and second sessions the act was passed which· it is now proposed to amend. When of the Fifty-second Congress, underst-ood this question qutte as the n.ct of 18J1 was p:tssed a number ot contests were pending on well as the gentleman from .Montana. The gentleman from Mon land the title to which had passed to the settler by the final cer tana did very well in disregarding everything except the single tificate of the Government before the contest was instituted. case of Campbell a-gainst Graham, because it has narrowed down The effect of that act, it is true, deprived the contestants of this to that. These other gentlemen may argue and may believe that pref: rence right of reentry, but that was not the only-effect. It othet• cases are i.nvol ved; but the Commissioner of the Genaral · confirmed in the. grantee the title in all cases where entry had Land Office reported to us, when we discussed the subject last been· made und_r the preemption, homestead, or timber-culture winter, that ther.e were only twenty-five cases then pending. laws, and final proof or payment had been received by the Mr. HARTMAN. Will the gentle_man permit an interrup proper ufficers of the Government. There were several other tion? conditions and r equirements necessary to make this act of con Mr. JOHNSON of North Dakota. I have only five minutes, :fi:cmation effective. So that persons who had acquired title and I can not say what I desire to say in that time. fli-om the Government of the Unit ~ d States in accordance with Mr. HARTMAN. Does the gentleman.say that the Commis the provisions of section 7 of this act, and by virtue of the pay sioner of the General Land Office reported that there were only ment of their mQil'eY in· good faith, their final proof and the re twenty-flv:e cases pending? ceipt of the fin::tl certificate from the Government had that title M:r. JOHNSON of NoPth. Dakota.. Yes, sir; he reported that confirmed , bec.1me entitled to a patent, and acquired a vested last year. right to the property which had thus been conveyed to them by Mr. HARTMAN. Do you not know this to be the fact, that the Government. where any of this land .has been platted into town lots and then The CHAIRMAN. The time of the gentleman has expired. disposed of to other parties, that there are a great many more Mr. M..;CLEARY of Minnesota. 1 yield the gentleman two than twenty-five cases: minutes more. Mr. JOHNSON of North Dakota. I will come to that. I will Mr. I' A WNEY. This right, I repeat, Mr. Chairman, was come to that question of the platting out of these lands. I will confirmed by the act of March 3, 1891. The effect of this amend tell you what has been done. Jim Hill, the president of the ment wo llld ·be to destroy these vested rights, thus created by an Great Northern Railway Company, hired a lot of m en to squat act of Congress, and for the sole and only purpose of restoring on the public lands up and down on both sides of the river at to a few contesting land sharks the preference right of re2ntry the Great Falls of the Missouri. which ex:isted at the time the act of 1891 was passed. We have Mr. HARTMAN. Whom did he hire? been told that this section 7 of the act of 1891 was not considered Mr. JOHNSON of North D~'tkoh. Their names are all in the by Congress, but was recommended by a committ3e of confer report. I do not care to have any further interruptions. The ence; and that certain members of that c0mmittee did not un names are all given in the testimony taken before the commit derstand that it would be construed as its language indicated tee. At Great Falls there is a water power equal to the Falls of it should be at the time they reported the bill for final passage. the Niagara. It is worth millions and millions of dollars. They However that may be the Congress of the United States is re went there about 18 ~4 . For 10 miles up and down therivernear sponsible for h aving created and confirmed vested rights in the falls they took up the territory, and by these means title every case to which section 7 will apply. wa acquiroo to the land in every case. except this one single Now, the question for this Congress to determine is: Shall we quarter that is left, contested by Mr. Graham. These men all destroy these vested rights, or authorize proceedings by which had to testify when they ''proved up" th:tt they had settled their destruction may be attempted, for the sole and only pur there for their own personal benefit and nota.<:~ squatters for any pose of giving to these few contestants a preference right of en body else. try in the event -that their contests shall prove successful? I Can it be reasonably supposed that they simultaneously went hope that this Honse will not entertain or vote in favor of a prop there for their own benefit, and not for some other party, and osition of that kind. Gentlemen may say that if this,is.a vested that when they •• proved up" they all conveyed their titles in right, it can not be-destroyed. True. But this act will authorize stantly and with one accord to this syndicate of Jim Hill's? The an attempt, which will involve the possessors of that-right in result has.- been that they have turned over their titles to Jim endless and expensive litiga.tion. Hill•or Paris Gibson, and Gibson in turn conveyed to Hill and The. CHAIRMAN: The time of the gentleman. has expired. . Hill has·capitalizBd this-land at a eapi tal of $6,ooo·,ouu under what Mr. BOEN. Who are the posses~ors: is now known by the name of the Great Falls Town Site Com Mr; TAW.NEY. These men who have the final' certificates pany~ That is all there is of the "innocent purchasers." It -. 1894. CONGRESSIONAL REC.ORD-HOUSE. 3151 m..'\y be that Jim Hill or the Great Falls Town Site Company or has been pending from as early a time as It could be pending. · ·the Great Northern, or under whatever name it is now held, The act creating this act of injustice was passed on March 3,. has conveyed a town lothereand there; butii so. they h ave given 18\H . . As soon as the Fifty-second Gongressassembled this ques warr anty deeds, and in that event the innocent purchaser ca~ go tion was r-a.ised and J U • I ·. 3152 CONGRESSIONAL· RECORD-HOUSE. MARon 20, made his proof and h 3.s secured his nnal certificate from the land which I think ou~ht to be borne in mind in this connection. office, years will elapse before he can get his patent. In the mean ~irst, then: are tw~ bills pending which will bl'ing this qt>f'.s time tha.tlandmay have become s uddenly valuable, by reason of a twn up on Its merits-one on the Senate file and one on ·.the railroad passing through it and the location of a station, or House file. I am at a loss to understand, therefore. why this from some 6ther cause. This is the opportunity for a class of proposition should be brought in here by way of an am ~ nciment men who are the p lague of our Western counry, who operate as to this appropriation bill when bills are pending that will bring professional contestants. the question up on its merits. They find that this land has suddenly become valuable. They Is it .because gentlemen fear to have the merits of the q ues look into the r acords and see that the patent has not yet issued. tion fully and fairly discussed? It looks that way. Now we de They then examine more carefully to see if they can discover sire simply that the pending amendment, which is irrelevant to any flaw which they can use as the basis of a contest. Then they this bill and ought not to have been injected into it, shall be file their con test, and use that as a means where by to wring from voted down, bacause then full opportunity will still remain for honest men money by way of blackmail. So flagrant had this the discussion of this whole question upon its merits. practice become that, on the 3d of March, 1891, an act was passed For the s made by a member of the Judiciary Committee respecting the j unnecessary for .u.s to ask f:r:om _the House a yea-and-nay vote amendment I offered. up~m the propositiOn. I :::.m mclmed to the opinion that had :Mr. LANE. 'l'hat is the confession here. L et us see how this matter comes this amendment been adopt-ed in 1891 it might have been of some here. The Government many years ago atented these lands to the rail benefit t? t il ~ country; but coming at this late day it seems to road company; afterward it patented the same lands to t·hese private par rue that It Will have a t andency to prompt men to initiate con ties. Now. what does the patent in the latter case amount to? It is an ab solut~ nullity. And when the Government makes a p atent to a party it does teE.ts and thus destroy in a measure vested rights to lands which not give a warranty that it will defend the title of the grantee in the patent. have been sold to bona fide purchasers for a consideration and The gentleman was entirely at fault. These lands were never the title to whichhas long sincu passed to the original entry- _ patented but once, that was to these•settlers, never in any man man by reason of the issue of the receiver's certificate, and in ner conveyed to the railroad, nor were these lands vtithin the many ca~e s the delivery of a patent. original grant to the railroad company. And the only· shadow of The provision of law complained of is in the act of March 3 claim the rd.ilroad had or has is that by an act of Congress it was 1891, known as "An act to repeal the timber-culture law and given the privilege to select within the limits of a l u-mile strio for other purposes." It is there provided that-- ' All en t rl~s un~er the pref.mptio.J, homestead, Mr. SAYERS. I will state to the gentleman from Washing Bryan, Gillet, N.Y. Mahon, Sibley, ton that I h ave seen several oE the gentlemen interebted, and Bundy, Gillett, Mass. McAleer, Stephenson, Campbell, Grady, McCall, Stevens have stated to them that if they would have an amendment put Cannon, ill. Grow, McClea ry, Minn. Stone, a. W. on in the Senate applying the same provision to their States Causey, Hager, McDowell, Stone, W. A. there-.vould be no opposition to it by me. Chickering, Hainer. McKaig, Strong, Childs, Haines, McKei~han, Sweet, Mr. WILSON of Washington. Is it satisfactory to them? Clancy, Hall, Minn. MeikleJohn, Tate, Mr. SAYERS. I suppose so. Clark, Mo. Hall, Mo. Mercer, Tawney, · Mr. WILSON of Washington. Very well. I was only anx Cogswell, Harris, Morgan, Terry, Cooper, Wis. Hartman, Morse, Thomas, ious that they should have the benefit of the amendment adopted Cousins, Hatch, Mutchler, Tracey, for facilitating the selection of lands granted the State of Wash Covert, Hayes, Northway, Updegraff, ington. Had I supposed or kno\vn they desired to be included Culberson,. Henderson, Iowa O'Neil, Van V oorhis, N.Y. Curtis, Kans. Hitt, Pence, Van Voorhis, Ohia in the provision made for my State I would have been g lad of Curtis, N. Y. Hooker, N. Y. Pendleton, Tex. Wadsworth, an opportunity to h ave placed tho~e Shtes in the amendment. Daniels, Hopkins, Ill. Perkin.s, Walker, The CHAIRMAN (Mr. LEs'rER). The debate allowed by Dingley, Hopldns, Pa. Phillips, Warner, Dolliver, Hulick, Pigott, Waugn, unanimous consent is now closed. Doolittle, Joy, Post, ·wheeler, m Mr. SAYERS. I move that the committee rise and report the Dunphy, Kem, Quigg, Wilson, Ohio bill ns amended to the House. Ellis, Oregon, Kiefer, Randall, Wilson. Wash. English, Lane, Reyburn, Woodard, .The motion was agreed to. Everett, Lapham, Ritchie, Woomer, The committee accordingly rose; and the Speaker having re Fletcher, Linton, Ryan, Wright, Mass. sumed the chair, Mr. LESTER r Bported that the Committee of Fyan, Lucas, Schermerhorn, Wright,Pa. the Whole House on the sta.te of the Union had had under con Gardner, Lynch, Scranton, sideration the bill (H. R. 5575) making appropriations for sundry NOT VOl'ING-134. civil expenses of the Government for the fiscal year ending June Abbott, Cummings, Hines, Pickler, 30, 18\J5, and for other purposes; and had directed him to report Adams, Ky. Dalzell, Honk, Powers, the same back with amendments, and with the recommendation Aitken, Davey, Hull, Price, that the bill be passed as amended. Alderson, Dinsmore, Hunter. Ray, Aldrich, Draper, Hutcheson, Rayner, Mr. SAYERS. I movethepreviousquestionupon theamend Allen, Dunn, Johnson, Ind. Reed, men ts and upon the bill to its final passage. Apsley, Durborow, jones, Robinson, Pa. The previ The SPEAKER. The question now is upon -the engrossment - Mr. PATTERSON. Then if we em not make any arrange and third reading of the amended bill. ment to fix the time ior consideration-- Th~ bill as amended was ordered to be engrossed and read a Mr. BURROWS. I simply ask it as a matter .of courtesy to the third time; and being engrossed, was accordingly read the third colleague of Mr. JoY, that under the circumstances the matter time. be postponed. We can occupy the time in the consideration of Mr. BOWERS of California. I desire now to move that the appropriation bills. bill be recommitted to the committee with instructions to amend Mr. PATTERSON. If we could fix a time by agreement for it in accordance with the .amendment which ! ·send to the Clerk's the consideration of the case-- desk. Me. BURROWS. It is a privileged question, and can be called The SPEAKER. T_he gentleman from California [:Mr.13ow up at any time; but this gentleman is called home under cir ERS] moves to recommit the bill with the instructions which the cumstances which I have stated, and I think it is a matter of Clerk will report. · courtesy that he should be accommodated. Mr. SAYEHS. I wish to reserve a point of order o.a that. Mr. PATTERSON. Under the circumstances I feel con The Clerk read as follows: stt'ained to insist upon a disposition of the matter. - Amond by inserting after line 21, on :page 63 of the bill, the folio-win~: Mr. BURROWS. Then the question of consideration is raised, "I•'or aid to those citizens of Tulare, Fre3no, and Kern counties, 1n the of course. State of California, who have been summoned to appear in the United States Mr. SPRINGER. Suppose we agree to discuss this case dur court at Los Angeles, in the State of California.. to show cause why the patents gr mted them by the Unite.d States should not be set aside and an ing the remainder of to-day and to-morrow, and permit the gen nulled, $10,000; the said amount, or so much thereof as may be necessaTy, tierr::.an [Mr. BARTHOLDTl to speak one hour on Monday next, to be expended under the direction of the Attorney-General o_f the Unit~d before the final vote is taken. Would not that be satisfactory? States. in payment of such counsel as may be employed by sa1d persons 1n defending th"'$Uits now pending in s::oid court." Mr. PATTERSON. Would that be satisfactory to my friend from .Michigan? Me. SAYERS. I reserved the point of order which I now Mr. BURROWS. The gentleman may not be here on -:\ion wish to raise -against that amendment./ It is that the House can day. not do indirectly what it can not do directly. Mr.-SPRINGER. Well, Tuesday, then? The SPEAKER. The Chair sustains the point of order. The Mr. BORROWS. I suppose' the gentleman would like to hear Hor.se ·:an not do indirectly, by meana of a· motion to-recommit, the discussion. what can not be done directly by amendment. The question is, Mr. SPRINGER. It will be printed in the RECORD. Shall the bill pass? Mr. BURROWS. Probably the gentleman-will not read the The bill was passed. en tire RECORD. On motion of Mr. SAYERS, a motion to Teconsider the last Mr. SPRINGER. The gentleman from Michigan stated that vote was laid on the table. the gentleman to whom he referred was entirely familiar with ORDER OF BUSINESS. the case. If he knows about the case, he will not need to hear the discussion of it in order to familiarize himself with it. Mr. OUTHWAITE. I movethat-thellouse1·esolve itself into Mr. BURROWS. The only request I am authorized to make the Committee of the Whole House on the state of the Union for is the one I have made. I have no other request to make in -re the purpose of considering general appropriation bills. gard to it. ·. :rM:r.•PATTERSON. -Mr. -8:peaker, I desire to ca1l up the ·con The SPEAKER. The_gentleman from Tennessee [l\Ir. PAT- _ tested-election case of o~Neill ~s. Joy. !--'am instructed · by the TERSON] calls up the resolutions which· hare been read, and the Committee on ElectionS" to call11p. that case. gentleman from Indiana [Mr. WAUG~].raises the question of Mr. WAUGH. An'd upon that I ·raise the que~ion of eonsid consideration against it. eration. Mr. OUTHWAITE. I understand this is undebatable- Mr. SWEET. If it is in ord-er at this time,:-r desire to,su.bmit Mr. REED. It is. to the Chair a p-rivileged l'esolrrtion. Mr. OU:r'HWAITE. Bnt..l would a.ppeal :.to the gentleman The SPEAKER. The question which has just been .called up, from Tennessee-- the right of a member to his seat, is a question uf :the·highest Mr. REED. And mor-e than·that,"the remarks of the g.entle privilege. -r.rhe ·gentleman fr·em ·Tennessee [Mr.;PATTERSON] man from Ohio do not..go into the RECORD, this not being de- calls up the c::mtested-election case · of O'Neill vs. "Joy. The batable, you know. . Clerkwill-rel_)ort the-resolution submitted by; the Committee on Mr. OUTHWAITE. 'No, that is not the prqpositton. When Elections. remaclrs a-re ruled to be out _of order they do not go into 1he The Clerk read as follows: RECORD; but when a remark is allowed by unanimous consent, R esoLved. That Cha;rles F. Joy was not elected a member of tbe House of it goes into the RECORD. Representative · to the Fifty-third Congress from the Eleventh Congressional district of Missouri. and is not entitled to the seat. Mr. REED. I simply wanted to warn you. Resolved, That John J. O ' Neill ~was ·elected a Representativ.e to the Fifty Mr. OUTHWAITE. What I wish to do is to appeal to the third Congress from the Eleventh Congressional distr'ict of -Missouri, and gentleman. having this m::ttter in charge, to let us take up the that he is entit.led to the s.eat. Military ·Academy .appr-opriation bill and dispose of it. We can The SPEAI\;ER. The gentleman from Indiana [Mr. WAUGH] dispose of it this afternoon, and let that work go over to · the raises the question of consideration against this report. Senate,·as some other work-should. There areotherappropria Mr. BURROWS. Will -the Chair indulge me for a moment tion bills that are pressing. It will only take this afternoon to to suggest to the gentleman from Tennessee that the colleague dispose of this. · of Mr. JOY [Mr. BARTHOLDT], the only gther Republican Rep Mr~PATTEBSON . I will state that I was instructed by tha resenhtive from the State of Missouri, came to me this morn Committee on Elections to call up this ease prior to the taking ing .and-said he was very anxious to be heard upon ·this case, up of any appropriation bills, but after a 'COnference with the as he is entirely familiar with it; but that he h ad just re chairman of the Commlttee on Appropriations [Mr. SAYERS], ceived a telegram announcing the death of a member of his fam we agreed to defer action in this matter until the bills already ily, and was obliged to gQ away, and would not be able to return disposed of were disposed oi in the House; but now I feel con until the last of the week. I · therefore ask my friend to post strdined to proceed with the case. HoweveT, Mr. Speaker,.I pone consideration of this matter for a :few days. will be very glad if by generalconsent we can fix upon a day for Mr. PATTERSON. I will state that the gentleman referred the disnosi.tion of this case. to came to see me. this morning and informed me of the fact, but The SPEAKmR. The gentleman has the ·right to call it up said that he would not leave until this evening. I told him that at any time. The question is, Will the House proceed-- the case would be called up immediately after the disposition of Mr. WIL30N of Washington. Mr. Speaker, I wish -to ·a.sk the sundry civil bill! and that he would have an opportunity to why it is not possible that we should go un and finish ·the ap speak this afternoon. propriation bills? [Laughter on the Demo~ratic side.] Mr. BURROWS. He w.as obliged to leave at 3:15 in order to The SPEAKER. The question is, Will the House proceedto reach home, and I simply ask as a matter of courtesy to the col consider the resolutions reported by the Clerk? league of Mr. Joy, who livesin-Bt. Louis, who is entirely famil The question was taken, and th~ Speaker announced that the iar with the case, and who has made great preparations to be ayes seemed tohave it. heard on it, that the consideration of the case be postponed. Mr. WAUGH. Division. Mr. PATTERSON. I will say to my friend from Michigan The House divided; and there were-ayes 117; noes 68. [Mr. BURRowsj that I do not wish to inconvenience'· any mem Mr. WAUGH. Tellers. ber of the House. Could we arrange for some day to c~msider The question was taken on ordering tellers, and the Speaker this .case? announced that a sufficient number had arisen in-support of the Mr. BURROWS. Oh, I am not authorized at all to speak in demand. that regard. I am not on tw cpmmittee. I have si:q1ply pre Mr. PATTERSON. I call for the yeas and nays, Mr. sen kd. the request. Speaker. • 3156 CONGRESSIONAL RECORD-HOUSE. MARcH 20, 'I'be yeas and nays were ordered. Mr. BABCOCK. Mr. Speaker, I ask that my colleague, Mr. The question was taken; and there were-yeas 150, nays 4, not HAUGEN, be excused, on account of sickness. Toting 198; as follows: · There was no objection, and it was so ordered. YEAS-150. Mr. JONES. Mr. Speaker, when the pairs were announced I Alexander, Cox, Lane, Richardson, Tenn. did not hear my name. I am paired with the gentleman from Bailey, · Crain, Latimer, Ritcliie, Ohio, Mr. GROSVENOR. Baker, Kans. Crawford, Lawson, Robbins, Baldwin, Culberson, Layton, Robertson, La. The SPEAKER. The pair was announced on the first vote. Bankhead, Cummings, Lester, Rusk, On this question the yeas are 150, the 'nays 4. - Barnes, Davis, Lisle, Sayers. Mr. WAUGH. No quorum has voted. Bartlett, De Armond, Livingston, Schermerhorn, Barwig, De Forest, Lynch, Sibley, Mr. PAT'rERSON. I move a call of the House. Bell, Tex. Denson, Maddox, Simpson, A call of the House was ordered. Berry, Donovan, Martin, Ind. Somers, The roll was called, when the following-named members failed Black, Ga. Dunphy, McAleer. Sperry, Black, Ill English, McCreary, Ky. Spri~ger, to respond: Bland, Enloe, McCulloch, Stallings, Abbott, Crawford, Hepburn, Rusk, Branch, Epes, McDannold, Stevens, Adams, Kv. Dalzell, Hicks, Russell, Conn. Breckinridge,Ark. Erdman, McDearmon, Stockdale, Aitken, Davey, Hines, Russell, Ga. Brickner, Forman, McEttrick, Stone, Ky. Alderson, Dingley, Houk, Schermerhorn, Brookshire, Fyan, McKaig, Strait, Aldrich, Dockery, Johnson, Ind. Shaw, Bryan, Gorman, McKeighan, Straus, Allen, Dolliver, Lane, Sherman, Bunn, Grady, Meyer, Swanson, Ansley, Donovan, Lefever, Sickles, Bynum, Gresham, Money, Talbert, S.C. Arnold. · Draper, Lockwood, Sipe, Cabaniss, Haines, Montgomery, 'ralbott, Md. Bartholdt, Dunn, M~.gner, Smith, Caminetti, Hall. Minn. Morgan, Tate, Belden, Edmunds, Maguire, SnQdgrass, Ca.mpbell. Hall, Mo. Moses, Taylm:, Ind. Beltzhoover, Ellis, Ky. Mallory, Stone, C. W. Cannon, Cal. Hammond, Mutchler, Terry, Bingham, Fielder, Marvin, N. Y. Storer, Capehart. Hare, Neill, Tracey, Boatner, Fithian, McGann, Tarsney, Caruth, Hatch, O'Neil, Turner, Ga. Boutelle, Funk. McMillin, Taylor. 'l'enn. Catchings, Hayes, Outhwaite, Turner, Va. Bower, N. C. Funston, McNagny, Wadsworth, Clancy, Heard, Paschal, Turpin, Brattan, Geary, McRae, Wanger, CJ.arlr, Mo. Henderson, N. C. Patterson, Tyler, Brecldnridge, Ky. Geissenhainer, Mercer, Washington, Clarke, Ala.. Holman, Paynter, Warner, Bretz, Goldzier, Moon, Waugh, Cobb, Ala. Hooker, Miss. Pearson, Wheeler, Ala. Brosius, Goodnight, Murray, Weadock, Cobb, Mo. Hunter, Pen when the House adjourn to-day it adjourns to meet on Thursday By Mr. HALL of Minnesota: A bill (H. R. 6383) for the relief next. of Jesse V. Branham-to the Committee on Invalid Pensions. · The question being taken on the motion of Mr. PATTERSON, Also, a bill (H. R. 6384} for the relief of Walter S. McLeod the Speaker declared that the ayes seems to have it. to the Committee on Claims. Mr. OUTHWAI'rE. I ask for a division. By Mr. LESTER: A bill (H. R. 6385) granting a pension to The House divided; and there were-yeas 148, noes 33. Sallie V. F. Brown, Mary J. Brown, Florence D. Brown, and Mr. OUTHWAITE. I ask for the yeas and nays. Hutoka H. Brown-to the Committee on Peusions. The yeas and nays were refused, only 24 members voting there- By Mr. MORGAN: A bill (H. R. 638S) for the relief of Abraham for. · Armstrong,lateUnitedStates Navy-to the Committee on Naval The motion of Mr. PATTERSON was then agreed to. Affairs. - Mr. PATTERSON. Now,Mr. Speaker, ImovethattheHouse By Mr. McCREARY of Kentucky: A bill (H.R. 6387) grant adjourn. ing a pension to Eugene Sullivan-to the Committee on Invalid The motion was agreed to; and the House accordingly (at 3 Pensions. o'clock and 56 minut ~ s p. m.) adjourned until Thursday, March Also, a bill (H. R. 6388) for the relief of Jacob H. Russell-to ,)- 22, at 12 o'clock m. the Committee on War Claims. By Mr. WHEELER or Alabama : A bill (H. R. 6389}..for there lief of James T. Dowdy, of L ::tuderdale County, Ala.-to the REPORTS OF COMMI'I'TEES ON PRIVATE BILLS. Committee on War Claims. · Under claustl 2 of Rule XIII, private bills were se v erall~ re Ala:), a bill (H. R. 6390) for the relief of the estate of Julis B. ported from committees, delivered to the Clerk, and referred to Litten, deceased, late of Lauderdale County, Ala.-to the Com the Committee of the Whole House, as follows: mittee on War Claims. By Mr. MORGAN, from the Committee on Military Affairs: Also, a bill (H. R. 6391) for the relief of the estate of Presly A bill (H. R. 3147) granting an honorable discharge to Wilson W. Hardin, deceased, late.of Lauderdale County, Ala.-to the Kale. (Report No. 605.) Committee on War Claims. By Mr. STONE of Kentucky, from the Committee on War Claims: A bill (H. R. 531) for the relief of the legal representatives o! PE'I'ITION~, ETC. Thomas L. Alexander. (Report No. 611.) Under clause 1 of Rule XXII, the following petitions and pap'6rs A bill (H. R . 550} for the relief of Capt. I. B. Webster, of Louis- were laid on the Clerk's desk and referred as follows: viile, Ky. (Report No. 612.) · By Mr. AVERY: Petition of stonecutters and iron·molders of A bill CR. R. 536) forthe relief of G. Dwight Hamilton. (Re Detroit, Mich., in favor of Government ownership of telegraph port No. 613.) lines-to the Committee on the Post-Office and Post-Roads. By Mr. BAKER of New Hampshire: Memorial of Robert Roby, of Nashua, N. H., asking that the charge of desertion CHANGE OF REFERENCE. standing against him on the records of the War Department be Under clause 2 of Rule XXII, the Committee on Pensions was removed and that he be granted an ho1_;1orable discharge-to the discha-rged from the considera.tion of the bill I H. R. 6328) grant Committee on Military Affairs. ing a pensioa to L. D. Morse and the bill (H. R. 6357) to increase By Mr. BANKHEAD: Petitiono!citizensof Alabama, infavor pension of Mary C. Tozier, and the same were referred to the of passage of House bill3188for the purnishment of train wreck Committee on lnvalid Pensions. . ers-to the Committee on the Judiciary. -- By Mr. BOUTELLE: Memorial of students of the Theological PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. Seminary of Bangor, Me., in favor of legislation to suppress Under clause 3 of Rule XXII, bills and a resolution of the fol lotteries-to the Committee on the Post-Office and Post-Roads. lowing titles were introduced, and severally referred as follows: By Mr. BOWERS of California: Petition of citizens of Le By Mr. CANNON of California: A bill t.H . R. 6374) to enable mour, Cal., for passage of the Manderson-Hainer bill-to the poor suit.ors to appeal certain cases without transcribing and Committee on the Post-Office and Post-Roadf::. printing the entire record-to the Committee on the Judiciary. By Mr. BRODERICK: Petition of J. F . Hooper and 40 others By Mr. BAKER of New Hampshire (by request): A bill (H. R. of Kansas, of Rev. A. B. Irwin and others of Highland, and of S. 637 5} to amend an act entitled "An act regulating the construc Thompson and 20 others of Kansas, in the interest of fraternal tion of buildings along alleyways in theDistrict of Columbia," society and college journals-to the Committee on the Post approved July i2, 181}.t-to the Committee on the District of Co Office and Post-Roads. lumbia. Also, resolutions of Encampment No. 24, Union Veteran Le By Mr. WISE: A bill (H. R. 6376) relative to securing fair gion, Salina, Kans., in favor of per diem pensions-to the Coni and imp::trtial trials of causes either at law or in equity, and· of mi ttee on In valid Pensions. indictments or criminal proceedings in the supreme court of the By Mr. CLANCY: Reasons given why the masters of t.ugs at - District of Columbia-to the Committee on the Judiciary. the New York navy-yard should be given a permanent rating, By Mr. MERCER: A billtH. R. 6377) appropriating $1,200 for accompanied with an increase of salary and retirement on regu p3.ving First Corso, in paving district No. 2, on the north end lation retirement pay-to the Committee on Naval Affairs. of the United States post-office building at Nebraska City, Otoe By Mr. CORNIStf: Petition of State Senator William H. ·county, State of Nebraska-to the Committee on Public Build Martin and others, of Frenchtown, N.J., that Jacob Case, Com ings and Grounds. pany D, Thirtieth New Jersey Infantry, be allowed an increase By Mr. BRODERICK: A bill tH. R. 6378) granting and con of pension-to the Committee on Invalid Pensions. firming to the patentees, their heirs and assigns, portions of sec By Mr. COUSINS: Petitionofmembers of Washington Camp, tions 3, 4, 5, and ti, in township 2 south, of range 20 east, Of sixth No. 116, Modern Woodmen of America, of Mount Vernon, Iowa, principal meridian-to the Committee on the Public Lands. aud of members of Toledo Lo:ige, No. 23, Ancient Order of United · By Mr. FLYNN: A bill (H. R. 6379) authorizing settlers on Workmen, of Toledo, Iowa, favoring the passage of the Mander the Cherokee Outlet to commute their homestead .entries, and son-Hainer bill-to the Committee on the Post-Office and Post for other- purposes-to the Committee on the Public Lands. Ro:tds. By Mr. ERDMAN: A bill (H.R. 6380) authorizing the Secre By Mr. E RDMAN (by request): Petition for the rejection of t ary of War to procuremedalsfor thePennsylvaniasoldierswho Gad-in-the-Constitution amendment-to the Committee on the were the first to arrive on AprillS, 18f.H, for the defense of the Judiciary. _ city of Washington-to the Committee on Military Affairs. By Mr. GILLET of New York: Petition of W. H. Atkinson By Mr. UPDEGRAFF: A resolution to pay employes in the and other members of Tent No. 24, Knights of the Maccabees, House Document Room difference in pay they are now receiving of Seneca Falls, N.Y., in favor of the Manderson-Hainer bill and $1,200 per annum-to the Committee on Acc~u nts. to the Committee on the Post-Office and Post-Roads. By Mr. GORMAN: Petition of Detroit Lodge of Machinists, PRIVATE BILLS, ETC. No. 82, the Bakers' Union, the Coopers' Union, No. 54, the Beer Drivers and Stablemen's Union, and the Electrical Works Under clause 1 of Rule L~II, private bills of the following Union, all of Detroit, Mich., asking for the -passage of a bill for titles were presented and referred as follows: Government ownership and control of the telegraph systems of By Mr. BAKER or New H ampshire: A bill (H. R.6381) to re- the country-to the Committee on the Post-Office and Post lieve Robert Roby from charge of desertion-to the Committee Roads. ·on Mi.lit:1 ry Affairs. By Mr. HENDERSON of Iowa: Resolution of Subordinate lly Mr. ENLOE: A bill (H. R. 6332) for the relief of Robert B. Lodge No. 133, Bl.·otherhood of Boiler Makers and Iron Ship T tn·neJ•, Ma;.ogaret Hurst, and David N.Huddleston-to the Com- Builders, Waterloo, Iowa, opposing Bouse bill 2635, known as mittee on War Claims. I the free-ship bill-to the Committee on Naval Affairs. 3158 CONGRESSIONAL REOORD-SEN.ATE. MARoH 2111 Also, pape-r from the clerks of th~ Dubuque(Iowa) post-office, SENATE. . favoring the passage of House bill 56-to the Committee on the Post-Otlice and Post-Roads. WEDNESD.A.Y, March 21, 1894. Also, petition of Charles J. Hawkins and 153 others of Mou- Prayer by-the Chaplain, Rev. W. H. MILBURN, D. D. 1lour, Iowa, favoring the passage of the Manderson-Hainer bill The Vice-President being absent, the President JJro te?npcrre to- the Committee on the Post-Office and Post-Roads. took the chair. Also, petition of Fidelity Lodge, No. 12, I. L. of H~, Independ The Journal of yesterda'J''S proceedings was read and app-roved. ence, Iowa: W. R. Knight and 31 others ot Waverly, Iowa, and of George T. Watson and 5 others of Delhi, Iowa, favoring the ENROLLED BILLS SIGNED. passag~ of the Manderson-Hainer bill-to the Committee on the A message from the House of Representatives, by Mr. T. 0. Post-Office and Post-Roads. TOWLES, its Chief Clerk, announced that the Speaker of' the By Mr. HILBORN: Petition of members of Court Sive, No. House had signed the following enrolled bills; and they were 1067, Independent Order of Foresters, Colusa, Cal., asking the thel"eupon signed by the President pTo tempore: passa.ge of the Manderson-Hainer bill-to the, Committee on the A bill (H. R. 2640) foe the relief of Brig. Gen. John R. Brooke; Post-Office and Post-Roads. United States Army; and By Mr. HOOKER of New York: Resolutions of the Ancient A bill (H. R. 5529) to repeal section 311 of the Revised Stat Order of Unitest Workmen of the State of New York, in support utes of the United Sta-tes, relating to accounts of the Treasury of the Manderson-Hainer bill, H. R. 4897-to the Committee on of the United States.. the Post-Office and Post-Roads. By Mr. HUDSON: Petit ~ on of citizens of Girard and Parsons, EXECUTIVE COMMUNICATIONS. Kans., asking for the Manderson-Hainer bill-to the Committee The PRESIDENTp1·otemporelaid before the Senate acommu on the Post-Office and Post-Roads. nicationfrom the Secretary of the Interior, transmitting a copy Also, letter in regard to irregularities in the opening of the of an agreement. concluded December 14, 1893, by and between Cherokee Striu-to the Committee on the Public Lands. Washingt.on J. Houston, John A. Gorman, and Peter R. Brady, By Mr. JOY·: Petition of George M. Gilbert and 96 others, in commissioners on the part of the United States, and the prin the interest of fraternal and society journals--to the Committee cipal men and other adult males of the Yuma Indians in the on the Post-Office and Post-Roads. State of California, and also the draft of a bill prepa.red by the By Mr. KEM: Twelve petitions of 498 citizens oi the Sixth Commissioner of Indian Affairs for the purpose of ratifying the Congressional distdct of the St:~.te. of Nebraska, asking for the agr ~ ement· which, with the accompanying papers, was referred passage of the Manderson-Hainer bill-to theCommitt~e on the to the Committee on Indian Affairs, and ordered to be printed. Post-Office and Post-Roads. He also laid before the Senate a communication from the By Mr. LINTON: Petition of William Rowe and 43 other citi Secretary of the Interior, transmitting a copy of an agreement zens of Ala.b::nna, in favor of the passage of the Manderson-Hai entered into on January 8, 1894, by and between John Lane, ner bill, for the relief of fraternal and college jotll!nals-to the special Unite_d States"Indian agent, and Lewis T. Erwin, United Committee on the Post-Office and Post-Roads. States Indian agent, commissioners on the part of the United By Mr. McCREARY of Kentucky: Petition of Susannah Smith, St:t.tes,and the several bands and tribes constituting the Yakima asking Congress to pass a speciaL act for her benefit and direct Nation of Indians in the State of Washington, and also the draft the Commissioner of Pensions to correct her record,. and pay her of a bill prepared by the Commissioner of Indian Affairs to $686, the monthly pay due on her 7 minor children from June ratify the agreement; which, with the accompanying papers, -24 1 62, to July25, 1866-to the Committe'S: on Invalid Pensions. was r eferred to the Committee on Indian Affairs, and ordered to Also, petition of citizens of the Eighth district of Kentucky, be printed. favoring bill f01T punishment o-1 train wreckers-to the Com mittee on Interstate and Foreign Commarce. PETITIONS AND MEMORIALS. By Mr.. McETTRICK; Two petitions of William R._Taylor, l\fr. MITCHELL of Oregon. I present an. app3al of theNar William A. Swain, and others, together with resolutions of. Co tiona.l Wool Growers' Association to the Senate of the United lumbia Council, No. 55, Home Circle, in fa-vor o~ admitting to States not to put wool on the free list. I move that the appeal the mails fraternal society and college journals-to the Com be re.Eerred to the Committee on Finance1 and that it be printed mit-tee an the Post-Office aJnd Post-Roads. as a miscellaneous document. By Mr. MILLIKEN: PetitionofWa.lden. Otis and others, that The motion was agreed to. oleomargarine and imitations o~ butter be sub-ject t.o tha bws Mr. SHER.:_YIAN presented a petition of the Cleveland (Ohio) and police regulations of any State into which. th.ey:may be taken Auxiliary Dairy Union, praying for the pass:1 ge of the so-called for s3.le-to the Committee on Agriculture~ Hill oleom:trgarine bill; which was referred to the Committee ·By Mr. PICKLER~ Petition of President W. H. H. Beadle on Interstate Commerce. and 114 teachers and students of the SouthDakota State Normal M.r. DAVIS presented the memorial of N. B. Thayer and sundry School at Madison, S.Dak., infavor-of proper legislation against other citizens of Duluth, Minn:,remonstrating against the en the Louisiana lottery-to the Committee, on the Post-Office and actment of legislation withdrawing certain lands for mineral Post-Roads. ' purposes in Minnesota along Rainy Lake River, in that State; By Mr~PIGOTT: Petition of Amos Ques and others, of Meri which was referred to the Committee on Public Lands. den, Conn. 1 in aid of legislation to suppress lotteries-to the M1·. McMILLAN p resented a petition of the Central Labor Committee on th,e Post-Office and Post-Roads'. Union of Saginaw, Mich., prf!,ying for the enactment of legis By Mr .. POST: Petitinn of John A~ Westfall and 75 others, lation to prevent aliens from performing work within the United citizens of Knoxville, Ill., and of J r J ~Faber and 32 others, citi States~ which was eeferred to the Committee on Immigration. zens of Peoria, Ill., in favor of the Manderson-Hainer bill-to the He n.lso presented a memorial of Local Union No. 128, Cigar Committee on the Post-Office and Post-Roads. Makers1 International Union of America, of Cheboygan, Mich., Bv Mr. RAY: Petition of citizens of New Berlin and of Union remonstrating against an increase of the internal-revenue tax· Grange, Chenango County, fol" a law against imitation. butter on cigars; which was ordered to lie on the tabl&.-. to the Committee on Agricultm·e. He,o.Iso presented the memorial of Peter White and 43 other Also, petition of Cigar Makers' Union, Ithaca, N.Y., against citizens of Marquette, Mich., and the memorial of J. M. Wil increase of taxonciO'ars-to the Committee on Ways and Means. kinson and 15 other citizens- of Marquette, Mich., remonstrat By Mr. RAYNER (by request): Petition in favor of the Man ing agains.t the passn.ge of the Wilson tn.riff bill; which were or- derson-Hainer bill-to the Committee on the Post-Office and dered to lie on the table. - Post-Roads. He also presented a petition of the Detroft (Mich.) Council of By Mr. SWEET: Papers to accompany House bill 5035, for the Trades and Labor Unions1 praying for the passage of the so relief of Mrs. A~ W. Kroutniger-to'the Committee on Pensions. called Allen bi~ making it unlawful for any court of the United By Mr. TERRY: Petition and resolution of Select Capitol States to issue a writ of injunction mandate, or restraining or Lodge, No. 26, Atlcient Ord.er of United Workman, and Little der aO'ainst any labor organization, its officers, or members, in Rock Legion, No.6, of Little Rock, Ark., in favor of the Man any .:ay affecting their freedom to peacefully or quietly quit derson-Hainer bill, S. 1353, H. R.4897-to the Committee on the the service of any person or corporation; which was referred to Post-Office and Post-Roads. the Committee on. the Judiciary. By Mr WEADOCK: Petition of David Doonan and others, He also presented petitions of Loca,J. Union No. 38, National for the passage of the bill rel.a.ting to postage on fraternal jour Union of the United Brewery Workers· of the United States; of nals-to the Committee on the Post-Office. and Post-Roads. Local Union No. 20, Journeymen Bakers' National Union of the By Mr. WHEELER of Alabama~ Papers to accompany claim United States; of Iron Molders' Union No. 31; of Local Union of Asa F. Allen, of Limestone County, Ala.-to the Committee No. 42J, United Brotherhood of CarpentersandJoinersof Amer on War Claims. ica; of Stone Cutters' Association; of Machinery Molders' Union