/ 106 CONGRESSIONAL RECORD-SENATE. M.AROH 16,

CONFIRMATIONS. Mr. BAILEY. In the other body when we wanted to meet Exeeutive nominations confirmed by the Senate March 14, 1909. before 12 o'clock we took a recess. Mr. ALLISON. The practice is different in the Senate. CONSUL-GENERAL. The PRESIDENT pro tempore. The question is on agreeing Alanson W. Edwards, of North Dakota, to be consul-general to the motion of the Senator from illinois. of the United States at Montreal, Canada. The motion was agreed to. . ADMIRAL OF THE NAVY, Mr. CULLOM. I move that the Senate adjourn. Rear-Admiral George Dewey, to be Admiral of the Navy from The motion was agreed to; and {at 6 o'clock and 12 minutes the 2d day of March, 1899, in accordance with the provisions of p.m.) the Senate adjourned until to-morrow, Tuesday, March an act approved March 2, 1899. 17, 1903, at 11 o'clock a. m. .

INJUNCTION OF SECRECY REMOVED. NOMINATIONS. Mr. BACON submitted an amendment to the convention with Exeeutive norninations received by the Senate March 16, 1909. Colombia for the construction of the Panama Canal, from which, CONSUL-GENERAL. on his moL ')n, the injunction of secrecy was removed. Thomas Willing Peters, of the District of Columbia, now con­ sul at Plauen, to be consul-general of the United States at St. Gall, Switzerland, to take effect April 30, 1903, vice James T. SENATE. McCallum, resigned. MONDAY, Mwrch 16, 1903. William Shaw Bowen, of Rhode Island, to be consul-general of the United States at Guayaquil, Ecuador, vice George Sawter, Prayer by Rev. F. J. PRETTYMAN, of the city of Washington. resigned. The nomination of William Shaw Bowen to be consul ThEJ Journal of the proceedings of Saturday last was read and at Valencia, Spain, which was sent to the Senate on the 10th in­ approved. stant, is hereby withdrawn. SENATOR FROM WASHINGTON. CONSUL. Mr. FOSTER of Washington. My colleague, the Senator-elect Hugo Muench, of Missouri, now consul at Zittau, to be consul from Washington, Mr. Ankeny, is present and ready to be sworn. of the United States at Plauen, Germany, to take effect April30, The PRESIDENT pro tempore. The Senator-elect from Wash­ 1903, vice Thomas Willing Peters, nominated to be consul-general ington will present himself at the desk, and the Chair will admin­ at St. Gall, Switzerland. ister the oath required by law.' Mr. Ankeny was escorted to the Vice-President's desk by Mr. PROMOTIONS IN THE NAVY. FosTER of Washington, and the oath prescribed by law having Commander George H. Kearny~ to be a captain in the Navy, been administered to him, he took his seat in the Senate. from the 7th day of March, 1903 (subject to the examinations re­ .AMENDMENT OF RULES-LIMITATION OF DEBATE. quired by law), vice Capt. Abraham B. H. Lillie, retired . Mr. HOAR. I ask that the proposed amendment to the rules Lieut. Commander Bradley A. Fiske, to be a commander in the submitted by me, and which is printed in the RECORD of Satur­ Navy, from the 7th day of March, 1903 (subject to the examina­ day's proceedings, be also printed in the usual way. tions required by law), vice Commander George H. Kearny, The PRESIDENT pro tempore. The Chair hears no objection, promoted. will Lieut. DeWitt C. Redgrave, to be a lieutenant-commander in and it be so ordered. · the Navy, from the 7th day of March, 1903 (subject to the ex­ TOWN SITES ON PUBLIC LANDS. aminations required by law), vice Lieut. Commander Bradley A. Mr. GAMBLE. At the request of the junior Senator fl'Om Fiske, promoted. . Minnesota [Mr. CLAPP]~ I ask that a paper which I present, Lieut. (Junior Grade) Edward McCauley,jr., to be a lieutenant being a copy of laws applicable to town sites on public lands, in the Navy, from the 7th day of March, 1903 (subject to the ex­ extended by act of Congress to the ceded Indian reservations in aminations requ.iJ.·ed by law), vice Lieut. DeWitt C. Red~rave, the State of Minnesota, be printed as a document, and that 500 promoted. additional copies be printed for the Senate document room. Paymaster James S. Phillips, to be a paymaster in the Navy, The PRESIDENT pro tempore. The Senator from South with the rank of lieutenant-commander, from the 3d day of Dakota asks that the paper presented by him be printed as a March, 1903. document, and that 500 additional copies be printed. Is there objection? The Chair hea1·s none, and it is so ordered. CONFffiMATIONS. REPORT ON EDUCATION IN PORTO RICO. Exreutive nominations confi1"'rned by the Senate March 16, 1909. On motion of Mr. FORAKER, it was MINISTER RESIDENT AND CONSUL-GENERAL. Ordered, That the plates which accompanied the manuscript for addi­ tional copies of the report of the comm..i...•'-siOner of education for Porto Rico, Ernest Lyon, of Maryland, to be minister resident and consul­ provided for in Senate concurrent resolution No. 57, second session Fifty­ general of the United States at Monrovia, Liberia. se>enth Con~ress, be withdrawn from the files of the Senate and returned to the coiiliD.lSSioner of education for Porto Rico, no adverse report having I SOLICITOR OF INTERNAL REVENUE. been made thereon. A. B. Hayes, of Utah, to be solicitor of internal revenue. .AMENDMENT OF RULES-DISPOSITION OF ROUTINE BUSINESS. . SURVEYOR-GENERAL OF OREGON, Mr. HANSBROUGH. Some days agoi subrmttedaresolution D D 1 f C llis 0. a to be . propo ing to amend the rules, which is now on the table. I ask I John · a y, 0 orva ' Ieo., surveym-general of that it may be referred to the Committee on Rules. Oregon. The PRESIDENT pro tempore. The resolution submitted by J SUPERVISING INSPECTOR-GENERAL OF STEAM VESSELS. the Senator from North Dakota, relative to an amendment of George Uhler, of Pennsylvania, to be Supervising Inspector- Senate Rule XL, will be referred to the Committee on Rules. General of Steam Vessels, Mr. HANSBROUGH. It should be printed. REGISTER OF THE LAND OFFICE. The PRESIDENT pro tempore. It has been printed. William T. Adams, of Wyoming, to be register of the land EXECUTIVE SESSION. office at Lander, Wyo. Mr. CULLOM. I move that the Senate proceed to the consid­ RECEIVERS OF PUBLIC MONEYS. eration of executive business. The motion was agreed to; and the Senate proceeded to con­ John A. Swenson, of Cody, Wyo., to be receiver of public sider executive business. After six hours spent in executive moneys at Lander, Wyo. se sion the doors were reopened. James N. Kelly, of Big Timber, Mont., to be receiver of public moneys at Bozeman, Mont. HOUR OF MEETING. POSTMASTERS. Mr. CULLOM. I move that when the Senate adjourns to·day it adjourn to meet at 11 o'clock to-morrow. DELAWARE. Mr. BAILEY. I wish to make a parliamentary inquiry. Can John W. Jolls, to be postmaster at Middletown, in the county an adjournment be taken to a time within the next regularmeet­ of Newcastle and State of Delaware. ing? It looks to me like a recess. However, it is not important. Douglass 0. Allee, to be postmaster at Dover, in the county of Mr. CULLOM. The motion is certainly in order, I think. Kent and State of Delaware. The PRESIDENT pro tempore. The hour of meeting can be NEW YORK. changed. It is the order of the Senate that it shall meet at 12 Abram Devendorf, to be postmaster at Fort Plain, in the county o'clock until otherwise ordered. of Monigomerytmd State of New York. 1903. CONGRESSIONAL RECORD-SENATE. 107

NORTH CAROLINA. insure the construction of a canal the Spooner Act was drawn in Thomas G. Stilley, to be postmaster at Washington, in the the alternative. Immediately after its approval the highest law county of Beaufort and State of North Carolina. officers of the Government set to work to probe the title of the TEXAS. Panama Canal Company~ and the diplomatic agents of the United Edward W. Morten, to be postmaster at Farmersville, in the States opened negotiations to obtain a satisfactory treaty with county of Collin and State of Texas. Colombia or to determine that such a treaty could not be obtained. Carrie E. 'Vaughan, to be postmaster at Seguin, in the county There was no delay on the part of anyone having responsibility in of Guadalupe and State of Texas. the premises. We have before us now the opinion of the Attorney­ Charles Rubert, to be postmaster at Port Lavaca, in the county General of the United States, supported by facts and legal argu­ of Calhoun and State of Texas. ments which, in connection with the very able argument of Senator SPOONER, can not be controverted, showing conclusively that the VIRGINIA. Panama Canal Company can give ·us a satisfactory title to its Mary D. Jones, to be postmaster at Lawrenceville, in the county property. The offer of the Panama Canal Company to sell its prop­ of Brunswick and State of Virginia. erty to the United States was, therefore, conditionally accepted, subject to the ratification of this treaty. We have before us a treaty with Colombia, finally agreed to SENATE. after weeks and months of efferts, and, without attempting un­ TUESDAY, March 17, 1903. duly to anticipate, I think I can safely say that this treaty will be declared by vote of the Senate a "satisfactory" one, as defined The Senate met at 11 o'clock a.m. in the Spooner Act. Prayer by Rev. F. J. PRETTYMAN, of the city of Washington. So the two things that we were told so often stood as a barrier The J onrnal of yesterday's proceedings was read and approved. against the selection of the Panama route have been swept away. EXECUTIVE SESSION. These results, accomplished in less than a year, have shown that The PRESIDENT pro tempore. Is there morning business? there was no intention of delay by the action of Congress in ex­ Mr. CULLOM. I£ there is nothing to be brought before the pressing its preference for the Panama route first. It has vindi­ Senate in open session, I move that the Senate proceed to the con­ cated, as nothing else could, the sincerity on the part of those sideration of executive business. who honestly differed with others as to the relative value of the The motion was agreed to; and the Senate proceeded to the two routes. consideration of executive business. THE GOVERNMENT AND PEOPLE OF COLOMBIA. PANAMA CANAL TREATY. Now, Mr. President, I desire to say a few words, in addition, The Senate, in executive session, having under consideration the ratifica­ before I refer to the objections that have been made to the treaty. tion of the convention with the Republic of Colombia for the construction of Since this treaty has been before the Senate we have heard a the Panama Canal (the injunction of secrecy having been removed from the remarks of Mr. CULLOM thereon)- great deal about the character of the people of Colombia, and Mr. CULLOM said: especially of the state of Panama. We have been told about the Mr. PRESIDENT: The consideration of the treaty with Colombia Government of that country, and its President, and the conduct for the construction of a ship canal is about closed. of affairs there generally. We have beard of the religion of the There can be no complaint from any source that a full and people of that country-of the church party and the antichurch ample opportunity has not been given to each and every Senator party. It is not my purpose to in any way reflect on the Govern­ to express his views at any length he desired on this important ment of Colombia, its officers, or people. Whatever may ba.said treaty. No unusual methods were used to force a vote on the of the religion of the people of Colombia and their internal affairs, treaty. Every courtesy was shown to Senators opposed to the I respectfully submit that that is a subject with which we have treaty. The ordinary Congressional day was alone occupied, no particular concern. and adjournment was taken at the usual hour. Numerous It is not incumbent upon the Government of the United States amendments have been proposed, freely discussed, and after full tu inquire into the election of executive officers in a republic with and fair consideration all of the amendments proposed have been which we are attempting to negotiate a treaty. All that we de­ disagreed to, and the question now is, Shall the Senate, under its sire is that there be a government, whether de facto or de jure, constitutional powers, advise and consent to the ratification of a in such country, which government is apijarently dealing with us treaty with Colombia for the construction of a ship canal? in good faith in the making of a treaty. This treaty has been debated entirely apart from partisanship. Neither is it any concern of ours what Colombia intends to do This is as it should be. The people of the United States, regard­ with the $10,000,000 which we will pay her if this treaty is rati­ less of party, Republicans and Democrats alike, are in favor of fied. That is a matter in which we have no interest. a canal across the natuTal barrier separating the Atlantic from the It is true that in the draft of an agreement which was sub­ Pacific Ocean. The construction of an isthmian canal has never mitted to Congress during the last session it appeared that Co­ been and is not a political question. The two great parties have lombia was at that time willing to accept $7,000,000. But the vied with each other in the most emphatic declarations in their simple fact is when the present treaty under authority of act of respective platforms favoring an interoceanic canal. When the Congress was being negotiated Colombia declined absolutely to final vote is taken party lines will. be disregarded, party.preju­ take $7,000,000 and insisted upon ten millions. If her former agreemen~ to take $7,000,000 was at all binding, which I doubt, dices ignored, and the great majority of both parties will unite in we were simply compelled to pay $10,000,000 or get no treaty. ratifying a treaty which, when ratified by Colombia, will be the All that can be said in reference to this is that Colombia in­ final step before the commencement of the excavaMon of such a sisted, as she had a perfect right to do, on being paid $10,000,000, canal. and nothing remained for us to do except to pay her that amount In this last hour of the debate I deem it my duty to submit again, and have recorded, a brief statement giving my views as of money or drop the negotiations. to the provisions of the treaty that have been most criticised in SPOONER ACT. the Senate. I refrained on yesterday from taking part in the dis­ Now, Mr. President, much has been said on the question cussion on separate amendments, preferring to give an opportunity whether the treaty before us is such a compliance with the Spooner to Senators better able to answer the arguments that were made Act as will author1ze the President to pay the $40.000,000 to the in support of such amendments. · Panama Canal Company and the $10,000,000 to Colombia, which The question of the selection of a route is not, nor has it been we appropriated during the last Congress. at any time during the pendency of this treaty, before the Senate. In my judgment, if this treaty is ratified the President will be That question was finally settled by the last Congress, after care­ advised by the Attorney-General that there has been a sufficient ful and deliberate consideration. All discussion as to the rela­ compliance with the Spooner Act. tive advantages of the two routes is entirely irrelevant, so far as Section 1 of the Spooner Act provides that the President is au­ the disposition of this treaty is concerned. I may be pardoned thorized to acquire, at a cost not exc.eeding $40,000,000, the rights, for making one reference in this connection. privileges, franchises, concessions, grants of land, right of way, THE SELEC'.riON OF THE PANAMA ROUTE W.A..S NOT FOR THE PURPOSE OF unfinished work, etc., and other property, real, personal, and DEL.A.Y. mixed, of every name and nature, owned by the New Panama It was intimated in some quarters that the preference of a ma­ Canal Company, including 68,863 shares of the Panama Railroad jority of both Houses for the Panama over the Nicamguan route Company. was only for the purpose of delay. We were told over and over The President has complied with this section of the act by ac­ again that the Panama Canal Company could never give us a sat­ cepting the offer of the Panama Canal Company to sell its isfactory title to its property; that it had no power to do so; that property to the United States at 40.000,000. We do agree, how­ it would be a fraud on the creditors and stockholders of the de­ ever that certain public lands shall revert, but this I will talk funct Panama Canal Company. We were told that we never about a little later. I think the President has fully complied with could obtain from Colombia a satisfactory treaty. To absolutely the first section of the act.