Congressional Record-Senate. December 11

316 CONGRESSIONAL RECORD-SENATE. DECEMBER 11,

By Mr. STEWART, of Georgia: A bill (H. R. 12564) granting a pen granting pension to Caroline J. Croft-to the Committee on Invalid sion to l\Irs. Martha A. Brooks-to the Committee on Pensions. Pensions. Also, a bill (II. R.12565) granting a pension to:J\frs. NancySpringer Also, petition and papers to accompany House bill 11862, ·granting to the Committee on Pensions. pension to Nelson C. and Marv Whetstone-to the Committee on Invalid By Mr. EZRA B. TAYLOR: A bill (H. R. 12566) for the relief of Pensions. - Ruth Francis, mother of James D. Prosse1·, Company D, Sixty-third By )fr. ROCKWELL: Papers relating to House bill 12154, granting_ Regiment Pennsylvania Volunteers-to the Committee on Invalid Pen pension to Sheldon Norton-to the Committee on Invalid Pensions. sions. By Mr. RUSSELL: Petition in favor of the rnmoval of the charge of By Mr. TOWNSEND, of Colorado: A bill (H. R. 12567) for the re desertion against William H. Fuller-to the Committee on Military lief of Olive M. Hechtman-to the Committee on Invalid Pensions. Affairs. . - _ By Mr. WHEELER, of Alabama: A bill (H. R.12568) to grant. a By Mr. SMITH, of Illinois: 1'iemorial from citizens of Cairo, Ill., in pension to Susan Bryant-to the Committee on Pensions. relation to leveeing the Mississippi River from Cairo to the Gulf-to Also, a bill (H. R. 12569) to grant a pension to John Thompson-to the Committee on Levees and Improvement of the Mississippi River. the Committee on Pensions. By Mr. SNIDER: Resolution of Board of Trade of Minneapolis, Also, a bill (H. R.12570) to grant a pension to Green D. Yealock- Minn., in favor of reducing postage on drop letters to 1 cent-to the to the Committee on Pensions. · Committee on the Post-Office and Post-Roads. .By Mr. STIVERS: Petition of Mrs. Annie Delano Hitch, president of the Associated Charities Society of the city of Newburgh, N. Y., , PETITIONS, ETC. - the mayor and common council, the members of the board 'of educa Under clause 2 of Rule XXII, the following petitions ani papers were tion and others, citizens of said city, for new legislation for the re laid on the Clerk's desk and referred as follows: striction of immigration-to the Select Committee on Immigration and .By ~Ii. - ARNOLD: Petition of certain citizens of Rhode Island, for Naturalization. the pa.ssage of House bill 892-to the Committee on Commerce. By Mr. EZRA B. TAYLOR: Petition for pension ofUuthFrancis- ' By Mr. BERGEN: Petition for an amendment to the law relating to to the Committee on Invalid Pensions. the Life-Saving Service-to the Committee on Commerce. _ By Mr. BROOKSHIRE: Papers accompanying House bill 10225, to correct the military record of James D. Kelley-to the Committee on :Military Affairs. SENATE. By Mr. BROSIUS: PetitionofcitizensofLancas~erCounty, Pennsyl vania, for passage of rebate amendment to tariff bill-to the Committee THURSD.A.Y, December 11, 1890. on Ways and Means. . Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. , By Mr. BOUTELI.E:· Resolution concerning the removal of partition The Journal of yesterday's proceedings was read and approved. and galleries on south side of the Hall of the House ofRepresentati_ves to the Committee on Ventilation and Acoustics. EXECUTIVE COMMUNICATIONS . .Also (at request of Mr. REED, of Maine): Petition of Benjamin F. The VICE PRESIDENT laid before the Senate a communication Chadburne and others, of Biddeford, Ue., for increase of pay of mem from the Secretary of War, transmitting, in compliance with law, a bers of the Life-Saving Service-to the Committee on Commerce. statement exhibiting the expenditures at the national armory located Also, petition of D. J. Sawyer and others, of Jonesport, Me., for an at Springfield, Mass., and all the arms, components of arms, and ap amendment to the act relating to the Life-Saving Service-tO the Com pendages fabricated, altered, and repaired at that armory during the mittee on Commerce. ' fiscal year ended June 30, 1890; which, with the accompanying papers, _ Also, petition of..Isaiah T. Montgomery and others, colored citizens was referred to the Committee on Appropriations, and ordered to be of various counties of Mississippi, for passage of the Burrows bill for printed. improvement of the Mississippi River-to the Committee on Levees and Ile also laid before the Senate a communication from the Secretary Improvement of the Mississippi River. of the Treasury, in response to a concurrent resolution which passed the By M~. CHIPMAN: Papers in the case of Candace L. },fills-to the Senate September 24, 1890, and the Honse of Representatives Sept~m Committee on Invalid Pensions. ber 29, ] 890, directing the Secretary of the Treasury to examine the By Mr. COVERT: Petition of George I. Homan and others, in favor report and recommendations made by the delegates of the United States of House bill 892, to promote the efficiency of the Life-Saving Service--: in the International Marine Conference relative to subjects under the to the Committee on Commerce. jurisdjction of the Treasury Department, etc., transmitting the draught Also, petition of Charles C. Frost and others, in favor of same meas of a bill to establish a marine board for the advancement of the inter ure-to the Committee on Commerce. ests of the merchant marine; which, with the accompanying papers, By Mr. DORSEY: Petition of the old soldiers of Tilden, Nebr., fa ·was referred to the Committee on Commerce, and ordered to be printed. voring a law for land for soldiers-to the Committee on the Public Lands. REPORT OF BUREAU OF ANIMAL INDUSTRY. By l\fr. ELLIS: Proofs to accompany House bill 11775, for relief of The VICE PRESIDENT laid before the Senate~the report' of the op Larkin Harned-to the Committee on War Claims. erations and expenditures of the Bureau of Animal Industry for the By Mr. EVANS: Petition of John A. Smith, -company H, Tenth year 1890; which was referred to the Committee on Agriculture and Tennessee, for removal of charge of desertion-to the Committee on Forestry, and ordered to be printed. Ztfilitary Affairs. . By Mr. GIBSON: Petition of certain citizens of Maryland for pas -ENROLLED IlILLS SIGNED. sage of House bill 892-to t.he Committee on Commerce. The VICE PRESIDENT announced his signature of the following By Mr. HOPKINS; Papers in the case of Dominick Burke-to the enrolled bills, which had heretofore received the signature of the Committee on Military Affairs. Speaker of the House: By M'r. McCLELLAN: Petition, affidavits, and other papers in sup A bill (S. 169) for the relief of General George Stoneman; port of the passage of House bill for relief of Lewis Deems-to the Com A bill (S. 2884) to prevent the spread of scarlet fever and diphtheria mittee on War Claims. · in the District of Columbia; By :rtir. McDUFFIE (by request): Petition for relief of Ashton T. A bill (S. 3841) to authorize the commissioners to use and occupy as Baugh, administrator of estate of Ashton Butterworth, deceased, late a site for a truckhouse the space at the intersection of Fourteenth and of Winchester, Franklin County, Tennessee-to the Committee on War C streets and Ohio avenue, northwest; and Claims. / A bill (S. 4072) for the relief of the trustees of Anacostia Lodge, No. rt 1By Mr. MORSE: Memorial oftbe New York Committee for the Pre 21, Free and Accepted Masons of the District of Columbia. vention of State Regulation of Vice, officially signed, asking for a na tional commission of inquiry concerning the various aspects of social PETITIONS AND MEMORIALS. vice-to the Select Committee on the Alcoholic Liquor Traffic. Mr. WILSON, of Iowa, presented resolutions ofTypographical Union By Mr. O'NEALL, of Indiana: Petition of Julia Barnnett for refer No. 75, of Burlington, Iowa, in favor of the passage without amend ence of her claim to the Court of Claims under the act of March 3, 1887, ment of House bill 8046, "to revise the wages of certain employes in to find the facts-to the Committee on War Claims. the Government Printing Office;" which were ordered to lie on the By Mr. OUTHWAITE: Resolutions indorsing the Sunday-rest bill, ~~ i by the Rendville Presbyterian Sons and Daughters of the King-to :Mr. PADDOCK. I present a telegraphic memorial in the form of a the Committee on the District of Columbia. resolution adopted by the New York Board of Trade, remonstrating By :M:r. PIERCE: Petition of estate of Armistead A. Green, of Lauder against the passage of the Conger lard bill. As that subject is before dale County, Tennessee, for reference of c_laim to Court of Claims under the Senate on three pending bills, I move that the memorial lie on the provisions of the Bowman act-to the Committee on -War Claims. table. Also, petition of Gideon Fox, of Obion County, Tennessee, for same The motion was agreed to. relief-to the Committee on War Claims. Mr. SHERMAN presented a petition of 31 citizens of the States of By Mr. RAY: Petition and papers to a.ccompany Honse bill 12525, Ohio and West Virginia, praying for the enactment into law of the to- ·,

1890. CONGRESSIONAL RECORD-SENATE. 317

bacco-rebate clause of the tariff act, alleged to have been omitted in Alliance, praying for the passage of the Conger lard bill; which was 1enrolling that act; which was ordered to lie on the table. ordered to lie on the table. He also presented a petition of Typographical Union No. 5, of Co Mr. CAMERON presented the petition of Charles Smith & Sons, lumbus, Ohio, praying for the passage of House bill 8046, restoring the Joel J. Bailey & Co., Strawbridge & Clothier, Young, Smyth, Field 'rate of wages paid to Government printers prior to their reduction, & Co., and 22 other leading bankere, commission merchants, and im and remonstrating against the passage of the Senate substitute for the porters of Philadelphia, Pa., praying ConJ?ress to amend the tariff same; which was ordered to lie on the table. act by extending the time from February 1, 1891, to July 1, 1891, Mr. EDMUNDS presented the petition of Berry, Hall & Co., of Bur for the withdrawal of imported merchandise in bond October 1, 1890; lington, Vt., and 28 other citizens of that city, praying for the passage which was referred to the Committee on Finance~ of the tobacco-rebate amendment to the tariff act approved October 1, Mr. HALE presented· a petition of the board of directors of the Mer 1890; which was ordered to lie on the table. chants' Exchange of St. Louis, Mo., praying for the passage of Senate He also presented the petition of Mary F. Prindle, of Chicago, Ill., bill 4329, 'providing for a more careful investigation by the Census Office praying for restoration to the pension roll; which was referred to the of the electrical industries; which was referred to the Committee on Committee on Pensions. · the Census. Mr. MITCHELL. I present a memorial and resolution of the He also presented the petition of L. H. Rowell and other citizens of Board of Trade of Dalles City, Oregon, in which they represent "that South Thomaston, Me., praying for certain amendments to the '' eight there now exists a greater and more pressing need than ever before hour law" bill as it passed the House of Representatives August 30, that the locks and canal at the Cascades· of the Columbia be rendered 1890; which was referred to the Committee on the Census. serviceable to the commerce of Eastern Oregon, Was;hington, and REPORTS OF COMMITTEES. Idaho; that during the present season the transportation facilities l\:Ir. TURPIE, from the Committee on Pensions, to whom was re available to the commerce of these three States by means of railroads ferred the bill (H. R. 9950) granting a pension to B. S. Roan, reported are wholly inadequate; that the produce of the great territory tribu it without amendment, and submitted a report thereon. tary to the Columbia in the three States mentioned is now, in a large He also, from the same commit~, to whom wa:S referred the bill degree, without a market on account of the helplessness of the rail (II. R. 10263) granting a pension to Robert A. England, reported it roads to move it; that the produce of this great territory during the without amendment, and. submitted a report thereon. · season of 1890 is so great that it can not be carried to market by the Mr. DAVIS, from the Committee on Military Affairs, to whom was present transportation facilities before another crop will have been referred the bill (S. 3826) for the relief of Henry Unterleiter, reported harvested; that in many sections the producers can not dispose of their it without amendment, and submitted a report thereon. crops at any price, on account of the present great 'wheat blockade' Mr. DAWES, from the Committee on Indian Affairs, to whom was caused by the inability of the railroad companies to furnish trans referred the bill (S. 4567) to provide for elementary arid industrial edu-· portation; that owing to this 'wheat blockade' many of the pro cation in Alaska, reported it without amendment. ducers are reduced to great financial distress, and even to actual want; Mr. HAWLEY. I am instructed by the Committee on Military . that by the aid of water ~ransportation, which could be had if said Affairs to report an amendment in the nature of a substitute for the canal and locks were completed, this condition of distress could be bill (II. R. 3865) to provide for the reorganization of the artillery force speedily relieved.'' of the Army, which is now upon the Calendar, and to ask that it be The petitioners "therefore respectfully and urgently ask that a printed and laid on the table to await the consideration of that bill. special appropriation of sufficient funds be made at the present session The VICE PRESIDENT. It will be so ordered. of Congress to complete the said locks and canal at the Cascades of the Mr. TURPIE, from the Committee on Pensions, to whom was re Columbia." I desire to ray in addition that it is notorious that there ferred the hill (IT. R. 11842) for the relief of James B. Guthrie, re is a blockade of wheat in thatcountrywhichis remarkable. The rail ported it without amendment: 3:nd submitted a report thereon. road facilities are entirely inadequate to take the wheat to the seaboard, · and therefore the boards of trade are resolving earnestly in favor of a BOARDING VESSEL AT CHICAGO. special appropriation at this session of Congress to complete the canal Mr. CULLOM. From the Committee on Commerce I report back, and locks at the Cascades of the Columbia, so that boats can run on the unanimously indorsed by the committee, the bill (S. 4544) to provide river and aid in getting the wheat to market. I sincerely hope that and equip a steam vessel for boarding purposes at Chicago, Ill. I ask the Committee on Commerce will take action in accordance with these that the bill be read, and then I will ask that the Senate give it pres recommendations. ent consideration, as it is pretty important that it should be attended Mr. DOLPH. My colleague has not forgotten that the Committee to. on Commerce reported such a bill and that it i~ now on the Calendar The VICE PRESIDENT. The bill will be read for information. of the Senate. It is only a question as to when it can be acted on. The Secretary read the bill, as follows: Mr. MITCHELL. I believe that is true. I understand that such Be it enacted, etc., That the Secretary of the Treasury be, and he hereby is. au action was taken by the committee at the last session at the instance thorized a.nd direct.ed to purchase or build and equip a steam vessel to be used for the purpose of boarding vessels at the port of Chicago, Ill.; and the sum of of my colleague. $28,000, or so much thereof as may be necessary, is hereby appropriated, out of Mr. DOLPH. If the Senator thinks it is advisable to call up the any money in the Treasury not otherwise appropriated, for said purpose. bill and have action h~ pending action in the House of Representa Mr. CULLOM. I simply desire to say that this measure was rec tives at this short session, I would be pleased to call on the Senate to ommended during the last session by the Secretary of the Treasury, pass it. and if it h1 desired I cari have read a letter from the collector of cus· Mr. MITCHELL. I do think it advisable to take every necessary toms at Chicago showing the importance of the bill. step calculated to secure an appropriation at the very earliest possible :M:r. COCKRELL. Let it be read. moment for the completion of that work. Mr. CULLOM. I ask that the letter be read. The VICE PRESIDENT. The bill having been reported, the me Mr. HARRIS. Does the bill come from the Committee on Commerce? morial will lie on the table. Mr. CULLOM. It comes from the Committee on Commerce by a Mr. PIERCE presented a petition of citizens of Morton County, North unanimous report, and it was suggested that I should ask that itr- be Dakota, praying for the passage of legislation to enlarge and maintain put on its passage this morning. Fort Abraham Lincoln in that State; which was referred to the Com The VICE PRESIDENT. The letter referred to will be read. mittee on Military Affairs. The Secretary read as follows: Ile- also presented the petition of Charles W. Geddes, of Washington, CUSTOllHOUSE, CHICAGO, ILL., D. C., a soldier in the Mexican war, praying to be placed on the pen Coilector' s Ojftce, December 3, 1890. sion roll; which was referred to the Committee on Pensio.ns. DEAR Sm: I desire to call your attention to the necessity for a boarding boat at this port. The Secretary of the Treasury, you will remember, recommended Mr. COCKRELL. Ur. President~ I believe to have a petition pre- at the last session of Congress an a opropriation of $28,000 for this puryose. . The . sented is considered a matter of right, and therefore, at the special in Committee on Commerce reported favorably, but that on Appropriations failed stance and request of the Wage-Workers' Political Alliance oft.he Dis to reach the matter in their deliberations. Some of the arguments in support of the proposition are these: · trict of Columbia, of which organization I know nothing, I present. a lf a system of inspection worthy of the name is to be maintained here, the boat petition demanding "the distribution of the sum of $20 per capita per is indispensable. It would not only increase the efficiency of the service, but, annum to each public authority, such as States, Territories, districts, possibly, reduce expenses. A less number of men could do the work as it is now done, apd the same number, with the boat, do it as it should be done. counties, cities, towns, and villages within the limits of this Repub During the season of navigation, which lasts from six to eight months, the lic, for the purpose of enabling them to pay their debts and expenses number of vessel arrivals at Chicago is greater than at New York and Boston during the ensuing year without any local taxation whatsoever," and combined during the entire year, and greater than the aggregate at all the sea board ports excepting New York. The tonnage, of course, is not as large, but "that all national taxation shall be abolished until freedom from debt it is numbers that count, for it is as much work to make out the papers and to shall be universal within the limits of this Republic." prevent smuggling by a small vessel as by a large one. · The VICE PRESIDENT. What reference of the petition does the There are two entrances to the harbor, 12 miles apart. At South Chicago, the number of arrivals is over twelve hundred. At present there is practically no Senator desire? inspection there, as the force is too small to warrant the detail of more than one Mr. COCKRELL. I move that it be referred to the Committee on man at that point. Nor are the foreign vessels arriving at the ma.in entrance Finance, the only committee that can cope with the subject. subject to proper inspection on account of the lack of facilities. We, however, do the best we can. The VICE PRESIDENT. The petition will be so referred. The World's Fair will be held on the margin of the lake, and many exhibits Mr. SPOONER presented a petition of the Clinton (Wis.) Farmers' wil~ come by water and be landed directly at the buildings. A. large par~ of ' I 318 CONGRESSIONAL RECORD-SENATE. DEOE~ER 11,

tho premises will be a.bonded warehouse filled with dutiable goods. The serv nfr. CULLOM. I belie•e that is true. I w::i.s thinking at first that ices of such a boat, therefore, would be invaluable. If an appropriation be made this session the boat could be gotten ready by the time the .Exposition they were Senate bills. opens. Mr. SPOONER. They have not yet been consj_dered by the Senate. Eas tern people do not, as a rule, realize the immense bnsinl,*ls done here. I I glanced hastily over the bill (S. 902) for the erection of a public build am satisfied that there is no other port in the United States of anything like its importance where the customs facilities are so meager. ing at Sioux City, Iowa, and thought as it was in a different form that The appropriation for the boat should be at least $29,000, and more would be it was in proper shape to have the amendments of the House of Rep desirable. · ;resentatives concurred in. On a closer examination there appears in Respectfully, JOHN :M. CLARK, Collect-Or. it an error which would be fatal. - I therefore ask unanimous consent Hon. SHELBY l\I. CULLO:X. Washington, D. 0. that the vote by which the Senate concurred in the House amendments be reconsidered. The VICE PRESIDENT. Is there objection to the present consid The VICE PRESIDENT. Is tbero objection? The Chair bears eration of the bill? none, and the vote will be regarded as having been reconsidered. There being no objection, the Senate, as in Committee of the Whole, Mr. SPOONER. I move that the Senate nonconcur in the amend proceeded to consider the bill. ments made to the bill by the House of Representatives. The bill was reported to the Senate without amendment. ·The motion was agreed to. _ Mr. COCKRELL. Mr~ President, just one word. There is no ves Mr. SPOONER. I move that the Senate request a conference with sel there at all now? the House of Representatives on the bill and amendments. , l\Ir. CULLOM. There is not. The motion was agreed to. The bill was ordered to' be engrossed for a third readirig, read the By unanimous consent, the Vice President was authorized to appoint third time, and passed. - the conferees on the part of the Senate; and Mr. SPOONER, Mr. MOR BILLS ~TRODUCED. RILL, and Mr. VEST were appointed. Mr. EDMUNDS introduced a bill (S. 4595) to restore to the pension PUBLIO BUILDING AT BEATRICE, NEBR. roll the name pf Mary F. Prindle; which was read twice by its title, and referred to the Committee on Pensions. Mr. PADDOCK. There is a Senate bill in exactly the same situa Mr. SPOONER introduced a bill (S. 4596) to regulate the employ tion as that described by the Senator from Wisconsin, a member of the ment of able seamen on board vessels; which was read twice by its Committee on Public Buildings and Grounds. I ask unanimous con title, an.d referred to the Coinmittee on Commerce. sent that the vote by which the Senate concurred in the amendments He also introduced a bill (S. 4597) to increase the appropriation for of the House of Representatives to the bill (S. 2404) to provide for the the purchase of a. site and theerectionofa public building at Milwau purchase of a site and the erection of a public building thereon at Be kee, Wis.; which was read twice by its title, and referred to the Com atrice, in the State of Nebraska, may be reconsidered. mittee on Public Buildings and Grounds. The VICE PRESIDENT. The vote will be regarded as ho.ving been Mr. PLUMB introduced a bill (S. 4598) to authorize Oklahoma City reconsidered, if there be no objection. The Chair hears none, and the in Oklahoma Territory, to issue bonds to provide a right of way fo~ vote stands reconsidered. the Choctaw Coal and Railway Company throu~h said city; which was Mr. PADDOCK. I move,that the Senate nonconcur in the amend read twice by its title, and referred to the Committee on Territories. ments of the House of Representatives. Mr. COCKRELL. At the special request and instance of the Wage The motion was agreed to. . Workers' Political Alliance of the Dietrict of Columbia I introduce a Mr. PADDOCK. I move that the Senate request a conforence with bill to establish a department of banking, and for other purposes, with the House of Representatives on the bill and amendments. out indorsing it in any manner. The motion was agreed to. The bill (S. 4599) to establish a department of banking, and for By unanimous consent, the Vice President was authorized to appoint other purpeses was read twice by its title, and referred to the Commit the conferees on thepartoftheSenate; and Mr. MOIIBILL, Mr. SrooNER, tee on Finance. and Mr. VEST were appointed. _ Mr. ALLISON introduced a bill (S. 4600) granting a pension to How Mr. PADDOCK subsequently said: I offer a resolution to accom- ard B. Chamberlin; which was read twice by its title, and referred to pany a message that goes to the House of Representatives. the Committee on Pensions. The VICE PRESIDENT. The resolution will .be read. Ile also introduced a bill (S. 4601) granting an increase of pension The Chief Clerk read the resolution, as follows: to George W. Blake; which was read twice by its title, .and, with the Resolved, That the Secretary be directed to return to the Ilouse of Represent atives the enrolled bill (S. 2-104) to provide for the purchase of a site and the erec accompanying papers, referred to the Committee on Pensions. tion of a. public building thereon at Beatrice, in the State of Nebraska, and that Mr. HALE;(by request) introduced a bill (S. 4602) "for the relief he request the House of Representatives to retur~ to the Senate its resolution of Nathaniel J. Coffin; which was read twice by it9 title, and, with agreeing to the amendments of the Ilouse to the said bill. the accompanying papers, referred to the Committee on Claims. The resolution was considered by unanimous consent, and agreed to. l\1r. CALL introduced a bill (S. 4603) granting a pension to Thomas !!!ESSA.GE FRO~[ THE IIOUSE. Cook; which was re~d twice by its title, and referred to the Commit tee on Pensions. A message from the House of Representatives, by ~Ir . McPIIERSON, Mr. PIERCE introduced a bill (S. 4004) to authorize the construc its Clerk, announced that the House had pass~d the bill (S. 2783) for tion of a bridae across theRed River of the North at Drayton, N. Dak.; the relief of the Mission Indians in the State of'California with amend which was read twice by its title, and referred to the Committee on rqents, .asked for a conference with the Senate on the disagreeing votes Commerce. · of the two Houses thereon, and had appointed Mr. PERKINS, M:r. WIL l\fr. CAMERON introduced a bill (8. 4605) granting a pension to SON of Washington, and l'ilr. SIIIVELY managers at the conference on : Louise C. Still6; which was read twice by its title, and, with the ac the part of the House. companying papers, referred to the Committee on Pensions. The message also announced that the House insisted upon its amend ment to the bill (S. 3043) to amend and further extend the benefits of POSTAL SAVINGS BA?-.lrS. the act approved February 8, 1887, entitled "An act to provide for the Mr. MITCHELL submitted the following resolution; which was con allotment of land in severalty to Indians on the various reservations, sidered by unanimous consent, and agreed to: and to extend the protection of the laws of the United States over the 1 Resolved, That the Committee on Post Offices and Post Roads be, and it is Indians, and for other purposes,' agreed to the conference asked by the hereby, instructed to inquire into the feasibility aml advisability of the enact Senate on the disagreeing votes of the two Houses thereon, and had ment of a law creating postal savings banks in connection with all or certain appointed Mr. PERKIN~, l\fr. GIFFORD, and M:r. SKINNER managers classes of post offices throughout the country, and to report by bill or other wise at the present session. at the conference on the part of the House. The message further announced that the House insisted upon its PUBLIC BUILDING AT SIOUX CITY, IOWA. amendments to the bill (S. 3271) to enable the Secretary of the Interior Mi. SPOONER. Yesterday during the session of the Senate I moved to carry out in part the provisions of "An act to divide a portion of to _nonconcur in the amendments ~ made by the Honse of Representa the reservation of the Sioux Nation of Indians in Dakota into separate tives to a large number of public-building billa in order that the bills reservations, and to secure the relinquishment of the Indian title to might be sent to a con,ference to correct by amendment a considerable the remainder, and for other purposes,'' agreed to the conference asked number of errors. Almost· every bill upon the subject which comes by the Senate on the disagreeing votes of the two Houses thereon, and back to the Senate from the House of Representatives comes with in had appointed Mr. PERKINS, Mr. BOOTIIMAN, and :Mr. PEEL mana congruous phrases in it. gers at the conference on the part of the House. Mr. CULLOM. May I ask the Senator a question? I see by the The message also announced that the House bad passed the follow RECORD that the bill for a public building at Rockford, Ill., and one ing bills; in which it requested the concurrence of the Senate: also for a public building o.t Bloomington, Ill., were referred. Were A bill (H. R. 12498) to supply a deficiency in the appropriation for they referred because of the incongruities the Senator speaks of? public printing and binding for the first half of the fiscal year 1891, Mr. SPOONER. I refer only to Senate bills which have been and for other purposes; and amended by the House of Representatives and retttrned to the Senate. A bill (H. R. 12499) making appropriations for fortifications and As I understand, the bills to which the Senator from Illinois refers other works of defense, for the armament thereof, for the procurement are H~mie bills. - of heavy ordnance for trial and service, and for other purposes. 1890. CONGRESSIONAL RECORD-SENAT.E. 319

HOUR OF MEETING AND EVENING SESSIONS. ence, then night sessions become n necessity; but at all other times, Mr. PLUMB. I a.sk t.hat the resolution offered by me yesterday be so far as my experience is concerned, they have not been prolific in laid before the Senate. · hastening the transaction of business. We have done remarkably, well 1 The VICE PRESIDENT. Are there further resolutions, concurrent in_ the past session, and I de~ire to submit these statements to the Sen or others? [A pause.] The Chair lays before the Senate the resolu ate to sh?w that the -disposition of business h:.t.s. been-1;iastened, -that tion offered by the Senator from Kansas [:M:r. PJ,Ul\IB], coming over more busmess has been dcne than has been done at any other time, from a previous day, which will be read. and it has been done because of the methods pursued in its transaction. The resolution submitted yesterday by Mr. PLUMB was read, as fol As a matter of course, I shall make ho further opposition to night lows: sessions. I make these suggestions for the consideration of the Senate. If the Senate determines upon night se~ions, as a matter of course it Resolved, That, until further ordered, the Senate will meet at 10 o'clock o.. m. and take a recess from 5.30 to So' clock p.m.,and during the continuance of this will be the pleasure of t,he Senate. and we can experiment with them and order the morning hour shall expire at 11 o'clock a. m. seo what will be the result; but I fear the result will be that there will l\Ir. PLUMB. I move to amend the resolution by inserting after the not be enough Senators here to transact business. :first word, "That," t~e ~ords "from and after ta.day," so that the Mr. PLU.MB. That is a matter which can b_e tested by expe:{ience. resolution will commence to-morrow and not this afternoon. The Senate can at any time change this order. It seems to me worth Mr. HARRIS. The Senator has a right to modify the resolution. while to try the experiment of expediting the business in hand much The VICE PRESIDENT. The modification will be stated. more rapidly than has been done thus far in the session. I therefore 1\Ir. COCKRELL. Let the'resolution be read as modified. hope the resolution will he adopted as proposed. The VICE P .RESIDENT. It will be read as modified. ?!Ir. REAGAN. Mr. Pr~ident, I recognµ;e in this short session, iµ The Secretary read the resolution as modified, as follows: view of the fact that it is charged with passing the necessary annual -Resolved, That from and after to-de.y, until further ordered, the Senate will appropriation bills, the necesaity of expediting the business of the Sen meet at 10 o'clock a. m. and take a. recess from 5.30 to 8 o'clock p. m., e.nd dur ate. But in expediting the business of the Senate reference ought to ing the continue.nee of this order the morning hour shall expire at 11 o'clock be had to the character of questions which are before the Senate. We a.m. are confronted with a bill here which proposes to revolutionize and en Mr. COCKRELL. I would suggest to the Senator in charge of the large in a measure the character of the Government of the United States. ~ resolution if it would not really be better to have the Senate meet at It is a measure as important as any that could possibly come before the 11 o'clock? I am inclined to think that meeting at 11 o'clock would Senate. It is proposed now, out Of the ordinary course of proceedings, give ample time, and that would not entirely destroy the committee that th~ Senate shall meet at 10 o'clock in the morning, and that with work, while meeting at 10 o'clock would probably prevent almost any a recess it shall continue in session until 11 o'clock at night. committee work. I take it that it is just as well for us to be frank with one another · l\fr. PLUMB. There is, of course, force in that suggestion, but I in dealing with questions like this. We all understand, I suppose, on think we bad better try the plan of meeting at 10 o'clock, following both sides of the house, that the object of this is to choke off debate on the precedent set by the Senate at the la.sit session in the consideration the election bill before the Senate and to prevent its full, fair, and de of the tariff bill. I think that during the interval between 10 and 11 liberate consideration. o'clock practically no committee work would be done, and, in addition If it is the purpose of the majority to defeat the full and fair consid to that, there will be time dnring'the afternoon, when the speaking is eration of the bill to which I have referred, they have tbe power to do going on (and I presup:ie speaking will continue for a few days at least), so, and this would be the first step in preventing its consideration, and for the ordinary committee work which otherwise would be trans it would be in harmony with the purpose of revolutionizing this Gov acted in the forenoon. It is my purpose, so far as possible, to expedite ernment by taking away from the States the exercise of powers and the the business of the Senate to be transacted in this Chamber, and I performance of duties which have belonged to them from the founda think that purpose can best be subserved by meeting as early as it will tion of the Government, and of turning the performance of those duties suit the convenience of Senators to get here from their lodgings. over to persons selected; not by the people themselves, but ·by some Mr. COCKRELL. Mr. President, we hl\ve no disposition certainly power outside of themselves. , · to retard the transaction of business. During the last session, to which The chief distinction between the character of our Go•ernment and the Senator referred, it is true we met at 10 0 1clock a considerable por that of the monarchies of the world consists in the fact that ours is a tion of the time, but we adjourned at 6 o'clock, without havin~ a Government ofagreeµient and consent, i·esting upon the belief that the night session. The resolution now goes beyond eight hours' continu people are capable by the possession of the necessary virtue and intel ous session, from 10 to 6, and changes it to a session from 10 to half after ligence of self-government, while in contrast with that view the Gov

51 and provides for a night session. I doubt whether night sessions ernments of the monarchies of the world rely upon force and assume will result in the transaction or rapid disposition of business. So far the incapacity of the people for self-government and the fact that they as I am personally concerned it would be a rather refreshing and pleas must be .governed by a power outside of and superior to themselves. ant time, because the work here in the Chamber would not be so labor That is precisely what the bill before us assumes, that the American ous and fatiguing as the work I always do at home every night up to people are no longer to be trusted with the rights of self-government 12 o'clock. So it would be comparatively a rest to me; but I doubt and must be governed by a power outside of and superior to themselves, very seriously whe.ther Senators will be punctual in their attendance not responsibl9 to them for its action in governing them. Such a change, and place the Senate in a condition to transact business. if adopted, overthrows our American republican and democratic sys · During the lru?t session of Congress we managed the business of the tem ofgovernmerit. It changes it from aGovernment of consent, from Senate in a pleasant and businesslike manner. I desire to place on self-government, to a Government of force, coercion. and power outside record the fact that at no session in the la.st fifteen years did the Sen of and independent of the will of the people. Such a change ought ate transact the business before it as fullv and do so much business as not to be made without the most careful deliberation. at the last session. I hold in my' hand a statement of the business that Such a change ought not to be made. In the effort to make it, the was transacted at the last session of this Congress. The number of discussion and exposition of it· ought not to be strangled by a meas bills passed by the Senate was 1,112, and of these only 525 were passed ure intended to wear members out and prevent its free consideration. by the House of Representatives and sent to the President. During Why, Mr. President, it is true that the bill in terms applies only to the the last session the Honse of Representatives passed 1,348 bills which election of Representatives in Congress, but its effect must· go far be were sent to the Senate, and of those 1, 348 bills the Senate passed 900, yond that. It is a well-known fact that the election for members of over two-thirds. The number of House bills passed by the Senate and Congress generally occurs in the States when elections for State, district, sent to the President was 871. · The number of Senate bills that were and local officers are had and that it occurs when the Presidential indefinitely postponed was 536. It was a practical disposition of them elections a.re had in the States; and yet it is as.setted that the '(>00ple by their consideration, fust, in committee, and subsequently the action who may elect the governors and Legislatures of Statei:;, and their ju of the Senate .in indefinitely postponing them. The number of House diciary, where elective, and their local and municipal officers, the peo bills indefinitely postponed by the Senate was 8. The concurrent ple who may elect the Prestdent of the United States, are not to be in resolutions passed by the House and Senate were 50, and besides there trusted with the election of Representatives in Congress. What an were eevt!ral hundred Senate resolutions and various orders passed by anomaly ! If this action is necessary, if it is necessary to assume that ( the Senate during the last session. · the people are no longer capable of self-government, .then the right During the last session we nearly completed the consideration of un to control the election of President, the right t.o control the elections objected .cases upon tho Calendar, and I believe the first day when we of governors and State officers and county and municipal officers ought took up the Calendar at this session to dispose of the cases we ran through also to be put under the supervision of this superior power which is to and disposed of all the unobjected case-, upon the Calendar of business. control the action of the people in electing Congressmen. I do not recall a solitarv session of the Senate when that WM accom I do not propose to discuss these questions now, but simply to call plished, and it was accomplished. because the business was transacted attention at this stage of the proceedings to the fact that it is now pro in a business way and to suit the convenience of Senators. posed in the early days of the session, when but a little over a week of l\Iy experience with night sessions has not been a pleasant one; that the session has gone by, a wee1' and a day by actual count, to adopt is, no very great amount of work has been transacted at those sessions, the means of wearing out, tiring out members of the Senate and pre comparatively. Jli:!, a matter of course, when it comes to the last week venting them from having the possible time and means of investigating or the last few days of a session, when numerous bills are in confer- this bill, preparing for its amendment or preparing for its discussion so • I ·. 320 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 11, as to show that it ought not to become a law of the land. Certainly heard from him any explanation of this bill, except when three months we are acting in a great deal of haste to propose at this time repressive ago he delivered a disquisition here upon the subject which touched measures for the passage of a repressive and coercive force bill !or the very little upon the actual, material points in the bill, the points of people. dispute ae to the operation of the Constitution, and also as to the policy I protest, Mr. President, against the passage of this resol\ltion. I of the measure. protest that it is unjust to the Senate; I protest that it is unjust to the To·day for the first time we shall have the honor and pleasure of giv American people, and that it is unusual on a measure of so much im in~ our attention to the Senator from Iowa [Mr. WILSON], who is to portance to adopt a resolution at so early a stage of its consideration to address the Senate in support of the bill. We shall listen with a great prevent its full, fair, and free discussion. deal of interest and attention to what that Senator has to say; the Mr. MORGAN. Mr. President, at the last session of Congress the country will listen with great interest to it because it will be the first Senate was engaged down to the very last moment in the discussion effort to vindicate and defend the bill that has yet been made in the and preparation of passing the tariff bill, which was perhaps the most Senate except the few explanatory and general remarks made by the important measure next to this that has been before the Senate of the Senator from Mass8chusetts in the opening of this great question to United States for twenty-five years. The demands of that measure the country. were so great upon the attention of the Senate, including as it did a The other side of this Chamber have evidently resolved that they revision of the tariff upon every item of taxation known and unknown will not speak upon it. They have a right to come to that resolution, heretofore that -every Senator was compelled,· in duty to his State, to but I think they will find before the country is done with this subject his constituency, to devote his time absolutely and exclusively to the that many explanations will be demanded and will have to be made consideration of that measure. outside of this Chamber in respect of the pr,ovisions of this bill which We adjourned on the lat of October, and a ~ery short reces.s has are being discussed and made prominent on this side of the Chamber. been occupied by many Senators in political debate, and by others also I think that it is not a wise policy, nor do I think that it is just to in the necessary arrangement of their private business, without which the country to assume that the opposition which one side of the Cham we know a Senator can not live in Washington City upon the meager ber un~nimously make to a great measure like this is a factious oppo allowance that we vote to ourselves out of the Treasury of the United sition, nothing but a factious spirit manifested, and that there is States. We have to hunt other means of subsistence besides those that therefore no need to argue the question, to debate it, to make state come from our salaries. The vacation, therefore, has been occupied, ments contrary to the statements we make here upon historical and and I dare say that very few Senators here have really found them other questions, legal decisions, and the like. It will not satisfy the selves in a state of preparation to argue this case in a way becoming to people of the United States on a great measure like this that the its very great importance, and to bring to bear upon it those facts of Republican side of this Chamber should sit dumb in their seats and our own history which are so necessary for its proper and perfect illus have nothing to say in explanation of a great bill like this. tration. We have been thus thoroughly and constantly engaged in this The verbiage of this bill has been very severely and very justly criti work, and during the time that we have been here in the present session, cised on this side of the Chamber. It has been asserted here that this as an act of courtesy and also as a necessary act for our own information, bill must have been written, indeed it has been. written, by a hand un some of us, at least, have felt bound to attend the debates of this body used to legal statutory composition, a man who uses legal phrase so and to-see what was going on. commonly found in legislation in a very awkward way, and who baa Now, sir, I do not speak outside of the record, I think, when I say therefore left blurs and blots throughout the body of this bill that will that there are not five Senators on the other side of the Chamber who require the greatest legal acumen in the world, or iIJ. this country at least, can get up to-day and tell you the provisions in this Senate amend to solve and dissect, display, and decide upon. There can not be a ment one by one. There are, perhaps, a number of Senators in this doubt that within the framework of this bill there is serious difficulty Chamber now who have never read the House bill or the Senate amend in understauding the meaning of its terms. So it is a bill above all ment reported in lieu of it. others that requires discussion,, patient discussion. We are prepared Mr. SPOONER. I hope the Senator from Alabama will suspend his to enter on our side of the Chamber into this discussion in an honest, remarks until conversation in the Chamber ceases, which prevents those seemly, dispa.MSionate, earnest, faithful way. We are all opposed to of us ·who desire to hear him from hearing him. it; not opposed to it merely because it is a political measure and be The VICE PRESIDENT. The Senator from Alabama will suspend cause it is supposed to be necessary for the perpetuation of the party until order is restored. Frequent complaints are made that there is so in power that the country has just placed beneath its foot; that is not much audible conversation on the floor of the Senate that Senators can the reason why we are opposing it; but we are opposing it because we not hear the Senators addressing the Senate. believe it invades the Constitution of the United States in many places, Mr. MORGAN. The evidence before the Senateup to this time- because we believe it threatens the overthrow of the conservative and The VICE PRESIDENT. The Senator will suspend until order is excellent power and influence of the Senate of the United States, which rest-0red. [A pause.] The Senator from Alabama will proceed. has so far been untouched during a century of experience. Mr. MORGAN. The public evidence before the Senate up to this We belive that no measure was ever brought into this body that so moment of time, at least as it has transpired in the course of this discus seriously threatened the equilibrium of our institutions and through sion shows that the Senate have not read this bill; they have not un whose entire provisions there was so pervadipg a spirit of merely parti derstood it. Instead of considering it they have not read it. It was san faction. That is our view of it. We think we can impress that very evident that members of the committee themselves have not read view upon the country. Senators will find themselves mistaken if it, for when the question of what was contaiiied in the text of the they think that what we say will not be read. The people of the United amendment proposed by the Senate committee came up in this body States nre, 90 per cent. of them, opposed to this bill. They will regard there was a wide, serious, and solemn divergence of opinion, which has it as the dying effort of a party that has been broken down to perpetuate not yet been cured, as to what the amendment actually contained. itself politically through the machinery of political legislation. They Some ofits most important provisions were left in such serious dispute see that it is unnecessary that the country should be agitated and its that affirmations of the most positive kind and of the most contradic business thwarted and obstructed and its great exigencies made more tory kind have been made on the floor of the Senate as to what the Sen perilous by the interposition ofthis bill between the just relief we should ate amendments actually did contain. give to the people and the fate that the people have voted upon the Re Now, sir, I venture to say that in my experience in this body no such publican party. condition Qj a bill has ever heretofore been disclosed, not even one of That party has not in twenty years responded to a vote of the,peo those great tariff bills that occupy hundreds of pages and thousands ple. When the other House has been from time to time Democratic of items has ever been so thoroughly misunderstood as the bill now by the votes of the people, measures originating there in the execution before the Senate for the regulation of State elections. So the time that of that policy have been continually voted down in the Senate and has been occupied here, as far as it has been improved and made useful disregarded at t.he White Honse. This Government bas been less to the country, has been necessarily limited, and we have been com than all others that can be named in history responsive to the will of pelled as a matter of courtesy, I repeat, and also of duty, to listen to the people. The will of the people of the United States expressed the expositions which have been given by Senators who have read the it makes no difference how strenuously, or how urgently, or how con bill and who have undertaken to analyze it, and place before the peo clusively-has no response in the Republican majority of the Senat.e ple all of its very radical and very important provisions. of the United States. They stand and defy the people, and when Now, it may be well enough to hurry the debate upon· it-I do not crushing majorities like those that came out of the ballot box on the know-but if we could induce the other side of this Chamber to listen 4th day of November Inst-there being in that election no complaint to the debate it would be a most admirable contrivance. A very dis of fraud or overbeariu~ or oppression-when such majorities come tinguished leading Republican came into this Chamber yesterday from out of the ba11ot box a Republican Senate sets itself to work to pass the other House, and he remarked in my hearing that he had never a bill that will enable certain ~ewly con~tructed functionaries .of the before seen the Senate Chamber with only two Senators on the one United States to take upon themselv.es life estates of power and hold side of it in their seats when a great measure was being discussed, and them beyond the control even of the courts that created them to re when the Senator occupying the floor was making a very sensible and move them, and transmit thus their rule, at least in the Senate, very strong argument, one that needed to be answered. through coming years. 'l'he burden of this debate on the other side of this Chamber has It is not for me to prophesy about this matter. Prophecy in regard fallen entirely upon the Senator from Massachusetts; and we have not to this matter turns itself back and looks to the rear for a few days, 1890. CONGRESSIONAL RECORD-SENATE. 321 : and the eyes of a whole country rest npon the 4th day of November while for them to nse their intellectual powera rather than their phys· as a .standing rebuke to conduct of this kind. ical powers in this affair called debate on the elections bill. You had better consider this bill; you had better debate it with us; I sometimes think that we Republicans on the other side exhibit you had better give us time for its consideration; you had better con marked characteristics of a lot of old women rather than of Senators, in vince the country that ~he bill is right and that we are wrong, or else that we treat this matter in the way that we treat these friends of ours there will some day be an application of the doctrines and principles on my side of the Chamber. We have a great deal of public business of this bill to the Senate of the United States. to do here, and we have grown during the last hundred years from a The supervisors will stand in your legislative balls and they will very small people to a yery large peop1£>, and where we had one bill to challenge and question the right of members of the Legislature to vote deal with during the first ten years of the existence of this Govern for yon. They will question the gerrymanders that are perpetrated ment we now have several hundred. I think there· are something like by State Legislatures which send Republicans here to represent Demo sixteen thousand measures introduced in the present Congress already, cratic States and sometimes Democrats to representRepublicanStates, every· one of which represents some interest of importance to some and open the door, finding the words just the same in regard to mem body, and most of them represent interests of vast importance to sixty bers of the House and members·oftheSenate. Thepowerderivedfrom five million people; and such are our international connections, such are these words must be identical in their application to either the House our relations with the powers of the world, by reason of the fact that we or the Senate, and it will not be long until those people in the United are the vanguard of mankind, that most of these measures have a States who have already found occasion, plenty of occasion, as they strong and important bearing upon the interests of the whole fifteen think, for tearing down this noble structure of the American S1mate hund1·ed millions of the human race. it will not be long before the sappers and miners are at work beneath Now, a body that has to deal with this sort of thing must have the your foundations and the engineer will be "hoist with his own petar." J?Ower to act; not merely to talk, not merely to deliberate, but to act, Mr. President, I shall not oppose this resolution, because I am dis and we are without that power to-day. Senators say on both sides . posed to devote ns much of my physical powers remaining to me to of the Chamber that the Senate is the last citadel of freedom, simply the service of the country as I am able to do, and as much as any gen because it is a place where any one man can block measures forever, tleman on the other side will be willing to do, so as to consult, as I have and thus perpetrate an act of despotism by sprawling himself in front no doubt the Senator from Kansas does consult in his heart and in his of the car of progress at any time. I tell you, my friends, it is not be motive, what he believes to be the best interests of the people of the cause you are the friends of freedom that you oppose the cloture and United States. I will do all that can be done physically by myself to previous question in the Senate, .bnt it is because, whatever you may keep along with the procession, but I sha\l be compelled to have the imagine in reference to your motives, it is, I believe, simply this and company of my friends here. They can not expect to run off and loiter this only; that you have discovered that you can impose a despotism

in their beautiful committee rooms and upon their divans and take upon this country and you can exert your own individual tyranny as 4 their rich lunches and go to their houses and smoke their cigars while against the will of the-majority; I do not care which side of the Cham the rest of us are on the post of duty or the picket line. We must ber you hail from, it is because you have found that you can exert your have company here, and, Senators, if you pass this resolution you must individual power as against that of the majority that you insist upon expect to carry it ont. sticking to the old fossilized rule, which is simply tyranny crystallized I shall do myself the honor, the justice, and I think the credit in under the existing conditions in this country, in these modern times. the eyes of the American people of giving notice now that whenever Now, Mr. President, here comesourfriendfromKansas [.Mr.PLmrn] I believe a quorum is absent from this body I shall make the point ot and iotroduoos a resolution which is a proposition to kill half of us if order, it makes no difference who is on the floor, and we will have you you apply it as a general rule to the affairs of the Senate, and it is un cc1illed back from your places of delightful retirement, so that you shall doubtedly a proposition to so tax the physical ~nergiesofagreatmany at least have the pain of listening to the arguments that cost us so who are present in debating this par~icular bill that life wm be short much pain to make. That is fair and that is right. I merely arose ened. It is a thing that ought not to be done. The thing which for the purpose of serving that notice on the Senate. ought to be d.one is simply to chaiige the rules of the Senate so· that Mr. BLAIR. Mr. President, I am very glad to listen to this per we can do business-not merely talk, but do business-and the .Amer petual whine and whimper of these dull Democratic orators that they ican people demand of ns this change in pur procedure; a.nd whatever cannot get audiences. LLaughter.] I want to suggest to my friends legislation may be neglected in this present session of Congress, if we on my [.M:r. BLAIR sils on the Democratic side] side of the Chamber could change our rules so that in the great future we could come to a that if they want to be heard they must be interesting. vote after we hav~ talked a.ll we ought to, we should do the greatest pos .Mr. l\IORGAN. The Senator will allow me to say that I diCi not sible benefit to the American peopie; and any man, any party, as I complain of the want of audiences. The galleries have been full all suggested before, can go to the American people upon that one act ac the time, but it is the Senate that has been empty. complished in the interest of this great nation and carry the Ameri Mr. BLAIR. I do not know but that the galleries have been full can people npou. it in any Presidential election. and that probably arrangements have been made to fill the galleries. As the merest, the lowest politicians of the country we ought to But the difficulty with the' Senator and all he complains of is that do thjg thing as a matter of policy, and do it now, instead of wast there are no Senators to listen. I suggest to him that instead of prof ing our time in discussing this proposition which is to inflictsiclmess fering us the service,s of his physical powers, which he does to the full and death upoq. many of us, and when you have done that of what extent of his capacity, he give n.

proverbial for its weakness for a long time, but I have noticed that Nuw, you are not protecting the majority of the people of the United there ha.3 been a continnaldecline since the Senator from New Hamp States in this matter, for if their voice could be heard, if their will shire [.Mr.BLAIR] gotoverhere. Idonot think we arequiteasstrong could be expressed in this Chamber to-day you would be in the mi as we used to be in the matter of brains and the like of that. Still, nority and we would be in the majority. But being here in o. momen none of us, I believe, have found it necessary, in order to keep the pub tary minority, and only a momentary minority, we recognize that it lic prints from overwhelming themselves with our rich thoughts, to is our right, as it will be your right when you get in the minority, take out a copyright on anything we have ever said here. [Laughter.] either in the House or the Senate, to say to the party in power, to say, l!r. BLAIR Because it is not worth copyrighting. for instance, in the next Honse to that enormous Democratic/ mass that . 1.Ir. l\IORG.AN. We are willing the world shall appropriate our will be there where you have left only 78 men out of 332-it will be ideas if it choose to do so at its own expense; but if he had some char right and just and proper that you shohld say to that enormous body latan here to perform on the high trapeze and show himself in yarious and mass of majority of Democrats in the House "There are certain attitudes and situations, as some Senators seem to be able to do, we. traditions and principles and constitutional arrangements provided for could ask an audience of the boys almost any time and get them in the protection of minorities in this country which yon must not trans· here very readily, and we should not have to depend upon the galleries gress and override;" and then you will find the solid old open heart of for our audience either, for even those grave Senators would come in Democracy coming right up on that proposition, and instead of im· occasionally for the purpose of seeing the performance. · But we, un itatiug those policies by which the index :finger of a presiding officer fortunately, have not on our side anything of that sort. We have not can name quorums and count votes to satisfy himself, we will say "The / the opportunity of putting up a man who can by his brilliant genius Constitution of the United States controls, and we shall go just as attract the country for six weeks at a tim6-upon such a dead and damned slowly as you want us to go until we can enact laws in conformity with subject as the educational bill was when we took it up at the opening the requirements of that great Constitution." . of the last session, and actually prostrate himself in front of the car or If the Democratic party were not a party of principle, if they did.not progress for six long weeks and~y the Senate of the United States respect the Constitution, if in its practice and creeds it disregarded the . from making any.speed at all.in. the direction of the public work. influence of that instrument, I should find no hesitancy ap once in dis If we had those six weeks now to deYote to this bill or any other, it solving my connection with it and going to some party that did, for after would be considered very precious time by the people of the United all I am an American and I have the right to the protection of that States. The bankers and commercial men in the cities of the East great Constitution. I love it ancl I revere it. My oath is given to its would think that six weeks of time was 1} great boon to this country support and maintenance, and I shall not in any respect, under any cir if the Congress of the United States could at this moment take up those · cumstances, or in any exigency or emergency, abandon it or forget it. subjects for consideration that are pressing so much upon our attention. Mr. BLAIR. I did not mean that the Senator from Alabama·should • But tbey are gone, and it appears that the Senator from New Hampshire gather the impression that the Democratic party have triumphed in has gone with them. New Hampshire when I rose to make the suggestion that the Democ The Senator appears to be in asortof gala moo4aboutthejudgment racy in the Senate should try to make itself entert..'lining in its desire his State has recently pronounced against him and made it doubtful to be heard by the country. The truth is that New Hampshire has whether he can be returned to the Senate or not; but he threatens if been carried by the Republican party, and, with reference to the side be can not get back to the Senate he will get back somewhere else. issue whether I nm to remain a Senator after next March, I will see Like a bad.penny, he will always turn up. [Laughter.] the Senator later on that. [Laughter.] Now, it seems to me it is time there was a little more serious refiec· Mr. President, I have sometimes thought, as not only the Senate, but tion about affairs than the Senator from New Hampshire is disposed as the newspapers and other agencies for disseminating important to bestow upon this question. If my State had pronounced against knowledge in the country have gravely suggested thntidid_oncemake me and my policy and had prepared itself to turn me out of this body a speech of very considerable length upon.the s~bject-of the education upon a popular vote, I should think that I would be seriously engaged bill, that perhaps I owe an explanation in justice lo myself in refer at least in reviewing my own record and not in throwing jibes and ence to that address to the Senate which did linger along here during taunts and sneers at other men whose people stand by them and send the early weeks of..the first session of this Congress. When nobody them back time after time as ,approving their course in the Senate. had anything to do apparently for some two or three months I brought As to the cloture that is proposed here I have but a single remark the education bill to the bar of the Senate soon after the victory.of the to make, and that is in defense of the Senate~ I can affirm upon the Republican party which gave it every department of the Government history 9f this Government that the Senate· of the United States has upon a platform which contained a pledge to give the people the edu· never acted otherwise than in a conservative way toward all the legis cation bill whenever that party had power. In the.early part of last la.tion that bas come here. There has been in the Senate reallynofac· session and immediately after the debate had commenced, which. I had tious opposition to any great public measure at all. There has been designed, so far as I was concerned, should not occupy more than a no body of men here who have tried to prevent legislation. There single dary, I was informed by several leading Republicans who had al· have been times when parties had nothing else to do, as in what we ways supported the bill that they would do so no.longer, and several call the executive or the special sessions of the Senate, when we were Democrat.s who bad been its supporters gave me the same information. employed in trying to defer the reaching of certain political results I did not receive this notice until the bill was before the Senate and which were objected to by the minority. the debate had commenced. Ur-. President, my view of the system of Government under which I thereupon adopted what was the only thing that a man could do in we live is that it is more designed for.the protection of the individual charge of a measure to which bis party was pledged and which the than it is of the mob or the masses. It is more designed for the pro benefit of his country demanded, a.slthoughtandstill think. I adopted tel:!tion of small communities than of large; it is more designed to pro the tactics of gettini:; time; and when anybody wanted the education tect the minority than it is any majority, for liberty conRists in putting bill to be postponed to take up something else he had the opportunity checks upon the majority so that they shall not ride down the rights for its postponement. I talked when nobody else was ready and will of the minority, if it consists in anything. The rightsofall being.first ing to talk upon it, and I talked splendid sense ns compared with what declared and secured upon a general and equal basis, real and essential you Democratic Senators have done, for I had audi~nces of vast propor liberty consists in such provisions and such acts as will prohibit an ex tions compared with the ridiculous number of two, -an the tim~ to listen cited majority from riding down and trampling down t.he rights of the to me. [Laughter.] You will:fi.ndexcellentmodelsto base and fashion minority. your speeches upon hereafter if you desire ~ be able to preserve the So I am always disposed to respect the rights of a minority. I do attention of the Republican sid~ of the -Senate;by consulting my own not fee~ that in the Senate to-da:y I am in a minority. If the States speeches during that period of time upon the education bill. [Lau~h- that have spoken in the last election and ~ent their delegates to t.he ·tor.] - , ,, .- · ._, ; • · . · Honse of Representatives eould.speak-in.the Senate as they can in the So· I worked upon ~he bill as well ns I could daytiroe3 and upon Scn House, you would find·a majority of nearly t\vo-:,thirds in this body to· afors in the ·night time, and there is many a Senator on both sides of day, and they would come from: the-Northern States.·· I believe twenty this Chamber who knows I wasbegginghim tosupportthatbillaslate Democratic States are here represented by Republicans fa this body to as midnight after I had spent all the physical strength that is often given day. But the form of our Government is such that these"political im to service in the Senate during the day in discussing the bill. Some pressions can not reach to the citadel instantly. It takes years that it had thegripandsomewent'toFlorida [laughter], andsomewenthither should wear in. That is very well. . I and yonder, and many whom I had reason to suppose would stand up I am not eager for rapid results in effect of the expression of the to the bill that they were pledged to support and to _pas~, spent their public opinion upon the Senate or upon oilr policy. I am rather grati time in conniving in my own presence here on the floor of the Senate fied that we can not have immediate answers as they can in Great Brit to strengthen each other in their oppositi.op. to_the edue~tion bill. I ain through the Honse of Commons to a turn in public opinion through shall give no names and do not need to do so. There are plenty of con the ballot box. I think ours is a safer Government than that of Great sciences here that willaccusethosctowhomLrefer. [Laughter.] Do - .Britain, even with its imperial throne and titles of nobility at the back not all get up in a blundering hurey to confess, for I have the floor. • ·{)fit as a :.conservative influence, t~ that great kingdom or empire is, [Laughter.] ' because of"the fact that we are not touched in either Honse. and par In that way, ,one after nno~her, I got. the Sena~ors back to the sup ticul!ll'ly in this, in such a way as to make an immediate response nec portof that to which the ~rty w:llS:pledged and which the Southern peo essary to a chan~~ of public sentiment. ple deman~ed· by their neces~i ties unfortunately more than they required 1890. . CONGRESSIONAL liE.CORD-SENATE. 323 any other form of legislation that can be suggested, and the Northern I am dealing with the Republican position, and I say that R~piib:. :·_ .. people as well also, though not to the same extent; and when I found, licans are insisting upon it that this suffrage shall be dominant, tha:i· · the Presiding Officer bn.ving returned, that there were j rut votes enough it shall rule, that it shall all vote, and that every vote-shall be counted; to pass that bill-for I knew ho would vote for it; a man who looks that it is illogical in its position and that it will fail in the judgment at the Presiding Officer would know that a great measure like that not alone of the nation, but of mankind, if it fails to go further and to would receive bjs support [Iaughter]-when I knew that there were see that this same suffrage· to which it gives power has sufficient intel just votes enough in the Senate to pass the bill I closed the debate. ligence to exercise that power aright~ The main point is not the col· During the last hour before the vote was taken, for the first time I ored suffrage of the South; it is the uninformed white suffrage of the learned that two men whohadalwayssupporteditandalwayssupported South as well nos at the North that needs the educational bill. I care it on the floor and in committee and elsewhere had decided during the much for the negro race, but I care more for my own, and the future night or during that morning to go back upon it and to cast their votes of this c9untty is in the hands of the white- raco. If you permit our against it, and when I learned that condition of things, and later it had white childhood to be. or to become ignorant yon simply ordain the been done, I changed my vote and moved to reconsider, so that the edu ruin of both races. . cation bill is pending in the Senate t~day upon the motion to recon The negro can never get up through this solid white incrustation sider, while it has been reported favorably by the House committee and above it, never. The white body of the South will forever keep the now stancls upon the Calendar of t:Qe House, and the Speaker gave his colored people as a lower stratum, without political power or social pledge last autumn that he would see that that bill was acted upon and signific:i.nce, until the time when the IllllBSes ofthe white people them· if possible passed during this session, so I have been .informed by mem selves have intelligence enough to know what real freedom is and to · bers of the House. I do not know whether that pledge will be re· cast that ballot which ordains liberty for the millions of all races, and deemed or not. I have seen a great many pledges broken [laughter], not elevation and power for the few of one. You sit on these benches, but there is a hereafter, and you ean all remember that, whether I re not representing, as I believe, t}le mass of either the white or colored turn to the Senate next l\farch or not, God willing I shall live about people at all. twenty years longer according to the expectancy laid down in the tables But I did not design to be led into any discussion of this sort. I cf lifo-insurance companies, and I have got good health, too. will not giv.e now my views in regard to the election bill, )Vhich I shall l\Ir. President, so much for that long speech on the education bill, be glad to support, but along with it must go the necessary provision which is full of meat, every pa.rt of"it. [Laughter. J If Senators will to make this suffrage, which we say shall vote, fit to vote. That is my take pains to read it· there are facts enough there to have passed a hun position. dred bills for a hundred times the appropriation which that bill pro· Mr~ HARRIS. Mr. President, I shall certainly offe~ no opposition poses for the benefit of the American people. The future will have to any proposition which tends to facilitate the business of the Senate it. No party can prevent it. The. existence of the country and of the in an intelligent manner. The practical question. presented by the people of the nation demands the enactment of that measure into law, resolution pending is, Will it facilitate o.r retard the intelligent dispo or if that measure itself be not enacted into law the thing must be sition of the business of the body? I incline to the opinion that-it is done which it contemplates. That thing will never be done but by much more likely to retard than to facilitate. Fo.r that reason I hope the support and energy of the entire American nation. Yon. can re the Senator from Kansas will not insist u.pon it. cons trnct the South, if you speak of reconstruction, in no other way That Senator and every other Senator upon this floor who has served. than by beginning with the children. No suffrage is fit to be sup here a single year knows, and knows well, that the important work of the ported by this Federal election law or any other la.'w unless it be intel Senate is performed in the committee rooms by committees and in ligent and fit to govern, and we should involve ourselves in an utter chambers by the careful consideration and investigation of pending nbsnrdity, to say the least a logical absurdity, when we stand here measures. If we are required to meet here at. 10 o'clock in the morn and kill ourselves almost to pa.sS this election bill and fail to provide ing there.will be no more meetings ofcommittees;therewillbe no pos at the same time that by the national energy, which is to give force sibility, as the Senator well knows, to secure the meeting ofa commit to this law, the suffrage which we ordain shall rnle in the nation shall tee of this b9dY at an earlier hour than 10 o'clock in the morning, and be sufficiently intelligent safely so to do. ifiequired to return here at 8 o'clock at night the.re-is no time forthe Are we, the Republican party, to make ourselves the allies of a des investigation or the consideration or study of pending measures in potic ignorance and impose it upon the South and upon ourselves and chambers. at tho same time refuse to expend it may be one-half the same amount There are considerations as I think which demand our careful and of money.that would be required to execute this law in the education our prompt attention. There is widespread apprehension, if not wide of the suffrage, the supremacy of which we ordain by means of the spread actual financial distress, in the country; widespreadapprehen Army and Navy and judiciary of the United States? sion of .financial panic, if indee·d it is not already upon us. There are Sir, if yo~ wish to pass this bi~l-I expect to vote for it as a thing a number of propositions already pending before the Committee on good enough in itself-I give you notice that the.American people will Finance of this body proposing to deal with t.he financial situation condemn you for your act unless you make the suffrageJntelligent, so and conditions of the present hour and respond to present necessities that it is fit to vote, so that it knows enough to vote, so that it is safe and conditions. There will be no opportunity for tbat committee to for the interests of the American people to be confided to it in State consider those propositions, no opportunity for that committee to re· and in national life. port any proposition which may tend to relieve the present anxiety Ur. GIBSON. Will the Senator from New Hampshire permit me to and apprehensions, or to the present real suffering which exists in the interrupt him for a moment? · country in our present financial condition, if this resolution shall pass. Mr. BLAill. Certainly. . , _ Now, by meeting here at area.sonably early hour and by sitt~ to a Mr. GIBSON. Does not the Senator from New Hampshire know reasonably late hour, say 6 o'clock in the evening, we shall, in my that the suffrage must be enlightened in advance of a coercive policy; opinion. accomplish and be able to accomplish much more than we shall that suffrage is to be made valuable, and that the true logic of the sit by: the adoption of this resolution to meet at 10, take a recess, meet again uation is that the education bill should be passed and the people of the at·s, and sit here until 11or12 o'clock at night. You will ha..ve no South should be educated before the Republican party shall make an quorum here at night sessions-after the first night, and without a quo ally of ignorance in the South and impose a despotic ignorance upon the rum it will depend on the will of a single Senator whether anything people of the whole country? can or can not be done without a quorum. :Mr. BLAIR. There are two kinda of bad suffrage there. One is But, if the majority of the Senate choose to adopt the resolution, I ignorant suffrage and the other is essentially a despotic suffrage, and shall offer na opposition to it. :My habit has been to be here when the the South is to-day not under the control of free government, but of Senate meets and to be here when the Senate adjourns, and whether an aristocratic tyranny. It would have been the right thing to do the hour-fixed for meeting or adjournment be early or late, and how when the Republican party gave universal suffrage to this country that ever early or late it may be,. just as long as my physical ability will it should have ordained at the same time the use of the national forces, enable me to be here I shall be here when it meet.sand up to the mo which are-the national powers of taxation, to see that that suffrage be ment of its adjournment. But if we would consnlt the great public in rendered as rapidly as possible sufficiently intelligent to govern, for terests of the country we would give the committees an opportunity to the sovereign must be intelligent if he is to reign and a republic of meet in the morning to consider the various propositions pending be ignoramuses is the worst form of gqvernment that the world can pos fore them, to perfect them, and to report them back to the Senate; sibly know. Such a suffrage will produce nothing better than an we would give Senators an opportunity in chambers to carefully in- ?' archy andinffvitablymust result in anarchy. Better an intelligent czar vestigate and carefully consider the v~uious measures with which they / than nn ignorant mass indued with the forces and powers of govern are charged in order that they may be prepared to report Crom comment. mittees and in order that they may .be prepared to act intelligently But the South was never a republic, it was never a free country, and in the Senate. -t , it is not a free country to-day. lb bas always been an aristocracy, It is unwise, in my opinion, to adopt the resolution of the Senator always governed not by true republicanism, but by the few for the from Kansas. ' · benefit of the few at the expense of the many, and they have all the l\fr. HOAR. ll.r. President, the Senator from Tenne:isee says that suffrage that there now~' and this negro suffrage in its tendencies he will oppose no proposition which is intended to facilitate business. and in its actual effects, as a mixture with the whito suffrage of the I desire to ask him if he is now willing to agree~ upon a time to close South, is no injury on the whole, in my belief. the debate upon the pending bill? ,. 324 CONGRESSIONAL RECORD-SEN.A.TE. DEOEMBER 11,

Mr. HARRIS. Not until every Senator on this side and on thathas seriously that we are thwarting the dominant majority in this Cham ~en heard in its discussion to the fullest extent of his desire. [Mani ber, when in fact the majority of the people of the United States have festations of applause in the galleries.] their will thwarted in the proceedings that are now attempted to be Mr. HOAR. Then I think the Senator does not propose to facilitate carried on here. business. Mr. President, without going into the discussion of the mea.Sure, I Mr. HARRIS. I do not propose to deny to the representatives of can not res_ist the temptation of asking, wher~ is the public sentiment soverei!!:n States the right to the fullest consideration and the fullest in this representative government that demands the passage of this debate upon this floor of every question which affects their rights and bill? Do you find it in the great money centers of the country? Do their interests. [Applause in the galleries.] you find it in the agricultural population? Do you find it in the fac Mr. HOAR. .l\Ir. President, this debate has been accompanied by tories and the workshops? Ifso, I will yield tothatsentimentpromptly an assemblage in the galleries which undertakes to interfere with the and at once. Why, sir, I see that the Senator from Nebraska [Mr. doings of the Senate by applause, expreasions of opinion, of approbation PADDOCK] produced here upon Saturday a petition from the Colored or disapprobation. I desire to say that if that occurs again I shall ex Farmers' .t\.lliance, at Ocala, Fla., the representative negroea of the ercise my privilege of asking the Chair to have the portion of the gal United States, the people who are to be relieved from this despotic suf leries from which the applause comes cleared. frage, from violence and intimidation at the polls in the Southern States, _ The VICE PRESIDENT. The Chair will take this occasion to give and not one word is found in that petition from those representative notice to occupants of the galleries that if manifestations of approba negroes in regard to this overwhelming issue of the election bill. On tion or disapprobation are continued the Chair will exercise his author the contrary, the whole of that petition is given up to a remonstrance ity under the rules to have the galleries cleared. That may be as well against the passage of the Conger lard bill and the imposition of addi understood fir8t as last. tional tariff legislation as proposed in the McKinley bill. Is it not a Mr. VEST. Mr. President, I must be permitted to say, although I most remarkable fact that these poor, down-trodden, suffering, and op have not participated in this debate at all, that the solicitude of the pressed people should stumble and fall over this overwhelming issue Senator from Massachusetts for the orderly conduct of business here is and devote themselves entirely in this petition to material interests? rather sudden and newborn. Repeatedly there has been applause in Mr. President, if I should go to the other race and the resolutions th~ galleries over partisan speeches made upon the Republican side of passed at Ocala by the Farmers' Alliance of wllite men, it will appear the Chamber and no rebuke asked or intimated. that their action against this election bill bas been taken up again in The VICE PRESIDENT. The Chair must beg the Senator's par that great representati>e body and a reconsideration overwhelmingly don. So far as the present occupant of the <;.hair is concerned he thinks defeated. But speaking of the negroes, who are peculiarly interested, the Senator is in error. I saw the other day a statement by the most intelli~ent negro whom I Mr. VEST. I am not making any allusion to any particular pre have met in years, a gentleman who own~ a plantation in the State of siding officer. It has been c~tomary aftel" the applause subsided for .Mississippi, who is the owner of a large amount of personal property, the presiding officer to call attention to the rules of the Senate, bat who appeared during the last session of Congress before our Committee that practice has been indulged in, and during the twelve years I have on Commerce and read an argument prepared by himself-which I been a Senator here, with the exception of two always in the minority, t-Ook the pains to ascertain, for I was curious to know as to the author a part of my official duty I suppose has been to sit here and listen to ship of it-an argument prepared by himself, which struck me and those manifestations at the expense of my own opinions and of my every member of that committee and every o.aditor in that committee party's opinions. I have never invoked.any such rule myself~ nor am I room. It was full of intelligent statements of fac~ and of lo~ical and aware that any Democratic Senator has ever done so. philosophical deduction. I say I saw the other day a statement from Mr. President, I am tempted to re.mark in entire candor that an that gentleman in which he declared that the passage of this force bill evasion of the real point at issue bas been made throughout the debate would be the greatest calamity that could happen to his race in the this morning. The plain meaning of the resolution of the Senator frotp. Southern States. He said that of all the evils that could come upon Kansas is that physical exhaustion must be made available for tl:ie the blacks of the South the greatest would be the passage of a coercive purposes of the majority in this Chamber. The Senator from New mea~ure like this. Hampshire has spoken of despotic suffrage. There is no such thing Mr. BLAIR. l\Iay I ask the Senator a qu~stion? I in terms or in fact. The whole theory of our Government is that Mr. VEST. Certainly. "the will of the majo~ty shall prevail, and it is an absurdity to talk of Mr. BLAIR. Was this very intelligent negro a full-blooded negro? despotic suffrage. Any manifestation of popular opinion is despotic 1\Ir. FRYE. Isaiah Montgomery? within the meaning of the words used 1:.>Y. the Senator from New Hamp Mr. GIBSON. He is as black as the Senator's coat. shire. l\Ir. BLAIR. Ididnotknow;Iwanted thatquestionsettlcd, whether He says that he prefers a monarchy and despotism by one man to a pure ne~ro knew anything or not. ignorant suffrage. That is an attack upon the institution$ of this Mr. VEST. Oh, Mr. President, we can discuss that question when country as formulated in the written Constitution. There is no qual it becomes a legitimate issue at the proper time. I am speaking now

ification, unless1it be; by the States, upon this right of suffrage, and when as to the point of a public sentiment, even among the negroes, in favor the Senator speaks o~ despotic suffrage he uses a contradiction in terms of the passage of this bill, and I bring forward a representative negro, and in fact. If I were disposed to enter into a retaliatory debate here a member of the constitutional convention of Mississippi, a leader to-day I might ask my friends on the opposite side of this Chamber amongst the negroes in the South, who declares that this bill, if passed what is their position before the public of the United States. We ad into a law, will be the greatest calamity that could happen to his race. journed here at the Inst session with this election or force bill passed I was proceeding, when interrupted by the Senator from New Hamp by one branch of the National Legislature. It was an issue in the shire, to notice one statement made by him, which, knowing the South canvass that ensued; it was made so within my personal knowledge as I do, reared amongst the negroes as I have been, acquainted .with all over the West, and I speak simply within my personal knowledge their peculiarities and the social conditions which surround them as of my own section. The result wa.s an overwhelming condemnation well as I can be acquainted with anything, struck me with great force. by the people of this country of this measure. - This Mr. :Montgomery-for that is the name of this gentleman-a . There can be no pretense by any intelligent man that, if there were planter, said that if this bill was passed it would be impossible to find in a representative government like ours any sort of demand for the respectable officials in the Southern States to operate it, and he said passage of this measure such as we have heard of here to-day and such the resnl t would be that none but the most ignorant and degraded and as those extraordinary measures are predicated and based upon, there unfit persons in those States could be found to execute this faw. He would have been at least some hesitation throughout the country at said, and it goes without saying, that under that condition of things the last election instead of the overwhelming verdict with which the there could be only race animosity, collision, disturbance, an.doutrage, Republican party is now confronted. In other words, if this bill had and the result would be that instead of a cotton crop which to-day is the hundredth part of the virtue which is claimed for iton·this floor, it the hope financially of the people of the United States, we should have is the most terrible commentary upon the intelligence of the American no such crop in the next or in many succeeding years; and the finan people that the overwhelming condemnation of this issue has been cial outlook to-day, darker than it has been since 1873, would be made made at the polls and is now upon record. still darker by this pretended attempt to help the black people of the The Senator from Massachusettstheother day, as I read in the REC South-- ORD, for I had not the pleasure of being present, spoke of our thwart The VICE PRESIDENT. The hour of 2 o'clock having arrived it ing the will of the dominant majority in this Chamber. Why, Mr. is the duty of the Chair to Jay before the Senate the unfinished busi President, as my friend in front of me [Mr. l\.IoRGL~] made the allu ness, being the bill (H. R. 11045) to amend and supplement the elec sion, we boast of a representative and of a republican Government in tion laws of the United States, and to provide for the more efficient en this country; but if this thing had happened in the public life of Great forcement of such laws, and for other purposes; on which the Senator Britain and the administration party had gone fo the people and re from Iowa [Mr. WILSON] is entitled to the floor. ceived the overwhelming defeat which the Hepublican party received Mr. HOAR. I should like to inquire through the Chair if there is in the last election there would be no such thing a.a that administra to be any more debate on this resolution. If not, let us have a vote tion party remaining in power, but the cabinet would give up their uponiL ~ portfolios and would accept even as a minority the decision of the peo Tl;le VICE PRESIDENT. The Senator from Iowa [Mr. WILSON] ple made at the polls against them. And yet to-day we are told here is entitled to the floor at 2 o'clock. 1890. CONGRESSIONAL RECORD-SENATE. ' 325 : Mr. HOA.R. I suggest that by unanimous consent if the debate i:;i On the linethusdefined theA.mericanRevolution proceedea;.iuid.ac;, closed a vote be taken upon i'lie resolution, before the Senator from complished the great result of establishing the Republic of the United Iowa proceeds. States. This was the most notable victory for the principle of equal The VICE ~RESIDENT. Is there objection to the request made rights that had ever tranepired in the movements of the human race. by the Senator froni Massachusetts? But notable as it was it was not perfect. A condition existed in the Mr. VEST. I beg pardon. My attention was called away. What 'co.mmunities which wer:e parties to ihe promulgation of the doctrine of was the request? equal rightS which prevented a perfect realization of the noble expres· TheVICE PRESIDENT. The Senator from Massachusetts will please sions of the Declaration of Independence. In the colonies, in the States· restate bis request. under the Articles of Confederation, and in States 'Of the permanent Mr. HOAR. I inquired whether the deb!l.te was exhausted. Union slavery existed. This fact was a most unfortunate presence in the Mr. GIBSON. The Senator who offered the resolution is not pres- case of a people whose struggle for independence was.b°a.sed on the de.fi- ent. nite declaration of the equality of all men. Mr. EDMUNDS. That does not make any difference. This inconsistent presence excited grave apprehensions in the mind!! l\fr. GIBSON. I suggest that it go over. . _ of many of the wisest and best men wllo participated in the straggle Mr. HOAR. It requires unanimous consent. I inquired. if there was of the Revolution. The noble men who signed their names to the Dec- any objection to takin(J' the vote. . • · .- · laration of Independence as representatives of their respective States, The VICE PRESIDENT. Is there objection? I feeling that they had embedded in it a doctrine that was wholly true, Mr. VEST. . I object. I was taken off the floor by the expiration of j concluded the immortal document with the words, "and for the sup· the time. • port of this Declaration, with a firm reliance on the protection of di· The VICE PRESIDENT. Objection being made, the resolution will vine Providence, we mutually pledge to each other our lives, our for- go over. tunes,~nd our sacred honor," and every line embraced in the Declara- 1\IESSAGE FR01'I THE rrousE. tion, in support of which this comprehensive pledge was given, was in A message from the House of Representatives, by l\Ir. .McPHERSON, absolute harmony with its unqualified affirmation of the equality of all its Clerk, announced that the House had passed the following bills; in men, and that ~overnments axe instituted to secure to them the in- which it requested the concurrence of the Senate: alienable rights of life, liberty', and the pursuit of happiness. A bill (H. R. 8796) amending and re-enacting section 5515 of the Re- l\fr. President, it would have been well for this Republic if, in its vised Statute.CJ, relating to the misconduct of officers of election ·and permanent organization, it bad planted itself firmly on the doctrine of custodians of ballots where members of Congress a.re elected; and the Declaration and formulated its Constitution in harmony therewith. A bill (H. R. 11179) to amend an act entitled "An act providing for . But this was not done. Slavery was allowed to remain. Its presence the remqval. of causes from State courts, and for other purposes." · was not unnoticed. Its possible effects on the Republic, its progress, The message also announced that the House had passed the bill (S. its institutions were present in the minds of the men who organized 44G8) to authorize the First National Bank of Fort Benton, Mont., to the constitution of government under which the Republic took up its change its location and name. line of march in the column of nations. This is evidenced by that provision of the Constitution which declared that-- PRESIDENTIAL APPROVALS. The migration or importation of such persons as any of the States now exist· A message from the President of the United States, by Mr. O. L. ing shall think proper to admit shall not be prohibited by Congress prior to PRUDEN, one of his secretaries, announced that the President h11.d, on the year 1808. • the 9th instant, approved and signed the following joint resolutions: Full force and effect was given to the imr>lied power here reserved A joint resolution (S. R. 132) to authorize the Secretary of War to by the act of March 2, 1807, in the first section of which it was de issue 1,000 stands of arms to each of the States of North and South Da clared: kota, Wyoming, Montana, and Nebraska; and 'l'hat from and ufter the 1st day of .January, 1808, it shall not be lawful to im port or bring into the United States. or the Territories thereof, from any foreign A joint resolut,ion (S. R. 122) to print the eulogies on Hon. James B. kingdom, place, or country any negro, mulatto, or person of color, as a slave, Beck. or to be held to service or labor. HOUSE DILLS .REFERRED. Following this section the said act contains nine elaborate and care The following House bills were severally read twice by their titles fully prepared sections providing penal sanctions for the enforcement and referred to the Committee on Appropriations: of the prohibition contained in the language I have quoted. Aud the A bill (H. R. 12498) to supply a deficiency in the appropriation for fact that the dangerous possibilities I have mentioned might develop public printing and binding for the first half of the fiscal year 1891, rs further evidenced by the incorporation of Article V in the Constitu and for other purposes; and · · tion, which provided a method for its amendment. A bill (H. R. 12499) making appropriations for fortifications and other Looking backward we can see that it would have been better for all works of defense, for the armament thereof, for the procm;ement ofheavy concerned bad the original States constructed the Ponstitution of. the ordnance for trial and service, and for other purposes. United States, so far as the equality of men is concerned, on the line The bill (H. H. 8796) amending and re-enacting section 5515 of the defined by the De<'.laration of Independence. We can now see that a Revised Statutes, relating to the misconduct of officers of election and great mistake was made. How great it was we may not yet compre custodians of ballots where members of Congress are elected was read hend. There may be more trouble in store for our country having its twice by its title, and referred to the Committee on Privileges and origin in that mistake than we can now accurately measure. But the Elections. terrible experiences through which we passed during the period of the ?.'he bill {H. R., lll7fl) to amend an act entitled ,., An act providing rebellion attest bow dangerous a thing it is to practice injustice. for the removal of causes from State courts, and for other purposes" Before thP, Constitution of the United States was formed and when was read twice by its title, and referre.d to the Committee on the the original States were ncting under the Articles of Confederation, the Judiciary. radical inconsistency existillg between the principle embodied in the Ii'.::ESSAGE FROl\I TlIE HOUSE. Declaration of Independence and human slavery so impressed itself A messsage from the House of Representatives, by Mr. l\IARTIN, its on the Confederated States that when they came to enact the ordinance Chief Clerk, announced that the House bad passed a bill (H. R. 10862) of 1787 for the government of the territory of the United States north to prevent counterfeiting or manufacture of dies, tools, or other im west of the Ohio River they solemnly declared that: plements used in counterfeiting and providing penalties therefor- in There shall be neither slavery nor involuntary servitude in the said territory otherwise than in punishment of crimes whereof the party shall have been which it r~quested the concurrence of the Senate. ' duly convicted. · 1 UNITED STATES ELECTIONS. The public conscience was. active on the subject of slavery, and it The Senate, as in Committee of the Whole, resumed the considera was determined that it should not spread to the regions where new tion of the bill (Ir. R. 11045) to amend and supplement the election States were to b~ formed. To be rid of the hateful presence, at once laws of the United States, and to provide for the more ·efficicnt,enforce and forever, in fhe States as they existed at the date of the adoption ment of such laws, and for other purposes. of the ordinance of 1787 did not seem to them to be practicable; but Mr. WILSON, of Iowa Mr. President, the lirie on which the Amer it was resolved that it should not invade the unorganized and common ican Revolution was organized wa..c; very clearly and accurately defined. territory. And when the States reached the point when it was deter So perfectly waa the work of definition performed that all doubt con mined to organize a permanent form of government and entered upon cerning it was eliminated from the field of action to which it applied. the task of formulating the Constitution of the United States, they Whatwasthisdefinition? We :fincl it in the Declaration of Independ- framed and adopted a preamble to that instrument wholly inconsistent ence, expressed in these words, namely: _ with any expectation or belief that slavery would assume a character We hold these truths to be self-evident, that all men are created equal: that of permanancy. In that preamble it was declared thatthey a.re endowed by their Creator wit.h certain inalienable riglits; that among 'Ve the people of the United States, in order to form a more perfect Union, these are life, liberty, and the pursuit of happiness; that to secure these rights establish justice, insure domestic tr.anquillity, provide for tbe common defense, governments are instituted among men, deriving their just powers from the promote the general welfare? nnd secure the blessings of liberty to ourselves consent of the governed: that whenever any form of government becomes de and our prosterity, do ordam and establish this Constitution for the United structive of these end& it is the right of the people to alter or to abolish it and States of America. to institute new government, laying its foundation on such principles, and or ganizing its powers in such form, as to them shall seem most likely to effect There is not a purpose expressed in this preamble that could be .put _their safety and hilppiness. in accord wit.h thEi idea, expectation, or belief that sl::i.very should ao- 326 CONGRESSIONAL RECORD-SENATE. DEOEMBER 11,

quire a character of permanency in the country. Even its temporary The resolutions referred to, and communicated as above stated, were presence was utterly inconsistent with the spirit of this preamble. in the following words, namely: Many expressions are recorded in our history, as made by the active Resolved, Tbnt in our opinion each of the Southern States should, as soon as men of those days, which show how fully they realized the dangerous may be, secede from the Union. Resolved, That provision should be made for a convention to organize a. con· portent of sla. very to a republican form of government. But that they federa.cy of the seceding States, the convention to meet flOt later than the 15th did not realize the full force of that portent is made apparent by the of February, at the city of Montgomery, in the State of Alabama. fact that they failed to institute mort;' resolute measures than they did Resolved, That in view of the hostile legislation that is threatened against the seceding States, and which may be consummated before the 4th of March, we for ridding the Republic of the presence of slavery. ask instructions whether the delegations are to remain in Congress until that The theory which is found interwoven in all that they did was, in date for the purpose of defeating such legislation. its every feature, antagonistic to slavery, and it tends to prove that Resolved, That a committee be, and are hereby.appointed, consisting of l\Iessrs. they expected the system to disappear from the Republic by force of Davis, Slidell, and Mallory, to carry out the objects of this meeting. the principles which they proclaimed and the form of government The meeting which is the subject of the foregoing letter, and· which which they established. This view of the case harmonizes with what passed the resolutions quoted, wns held in the Capitol of the United they did in building our governmental structure, and it can not rea States and was composed of Senators and Representatives in Congress sonably be doubted that had they realized the danger present in their from the States named, and each was resting under the obligation of toleration of slavery they would have definitely provided for its ex his oath of office. Each one bad taken an oath to support the Consti tinction. They believed that justice and injustice could not abide in tution of the United States, and this, of course, embraced every duty peace in the same politi~ household. What they believed, we know. imposed on Senators and Representatives by that instrument. But The sad experiences which slavery forced on this country have taught each member of that meeting resolved to disregard his oath ofo.ffice and to us.a lesson which we dare not reject. And we have reason to be to be-tray the trust it imposed on him. Nor were the members of that profoundly grateful to the founders of our Government that they in meeting content to let the Executive department of ihe Government corporated in the system a peaceful method for making such changes perform its proper functions. They knew that the President of the as time and e:x:pe.rience should prove necessary to the effecting of the United States had taken upon himself the obligations of an oath in supremacy of justice and a right enjoyment of the blessings of liberty. these words, namely : · The fathers had a difficult task to perform. It is not for us to com I do solemnly swear that I will faithfully execute the office of Pt·esident o( the United States, and will, to the best of my ability, preserve, protect, and de plain that·they did not qo all that we can now see should have been fend the ConstituLioll of the United States. done. What they did not do was not incased in defenses which could not be overcome. And they knew that one of the clauses of the Constitution says of In their own experiences they discovered many defects in the Con the President that- · stitution which demanded amendments. The amendments were made, He shall take ca.re that the laws be faithfully executed. and they realized the wisdom of t)lemethods which they bad provided This ~as not overlooked by the Senators and Representative!:! who for effecting such results. But amongst their amendments there is none composed that meeting. Mr. Buchanan was then President. They found which deaU with the one thing that challenged the leading doc feared that he might be willing to observe his oath of office and try to trine, the central idea, the very life of the political system which they enforce the laws; hence it was stated in the letter which I have quoted . gave to this country and placed before the world in the Declaration ot that-- Independence and in the preamble to the Constitution. Slavery was uy remaining in our places until the 5th of March it is thought we can keep the the irreconcilable foe of liberty and equality. Instead of passing a.way bands of Mr. Buchanan tied. · under the pressure of free institutions, as many of the founders of our Nor do this purpose and the others I have mentioned ful1y define Government hoped it would, it grew in strength and insolence, as the the boundaries of the intent of that meeting. One of its leading years moved on. The history ofits movements needs no repetition by designs was to affect the official conduct of the officers of the several me now and here. 'Ve have not yet moved the span of one genera.tion States to whom its action was to be communicated. The intent was from the time when it deemed itself strong enough to assault and de to induce all of said State officers to join in and promote the conspiracy stroy the Constitution and the Union. which that meetin~ represented, notwithstanding the Constitution of ~ir. President, from this brief statement of facts we may derive les the United States declared that- sons whose teachings should never be disregarded by either the doers This Constitution, and the laws or the United States which shall be made in pursuance thereof, and all treaties made, or which shall be ma.de under the of evil or the promoters of good. Slavery had been tolerated, and in authority of the United States, shall be the supreme law or the land; and the stead of passing away under the pressure of free institutions it grew judges in e>ery State shall be bound thereby, anything in the constitution of stronf!, insolent, exactin~. It planted itself in opposition to all of those any State to the contrary notwithstanding. The Senators and Representatives before mentioned, and the members of tho forcea of organized society which tend to promote the blessings of lib several State Legislatures, and. all execut1ve and judicial officers, both of the erty and equal rights. In this we find the lesson which teaches that United States and of the several States, shall ,be bound by oath or atllrmation it is always dangerous to neglect the presence of evil and to engap;e in to support this Constitution. the practice of injustice. The intent of that meeting was realized. Its purpose was accom IIad the founders of our Government believed that slavery could plished. The State officers appealed to by it surrendered their con grow into the conscienceless force which it became even years before sciences and violated their oaths of office. They joined the conspiracy it made its assault on the life of the nation, they doubtless would have whose purpose it was to destroy the Government whose Constitution provided for its extinction wben they organized and established the they were sworn to support, and they did this with011t abandonment Republic. If they could have realized that the time w1mld come when of the official positions which they held and into which they could slavery would so debauch the official conscience as to induce it to dis not have entered except by taking the oath which bound them to sup regard the obligation of the oath of office which the Constitutiou pre port the Constitution, treaties, and laws of the United States. No scribed, we would do them great injustice not to believe that they match for this case of moral . obliquity can be found in the annals of would have suppressed it at the very beginning of our national life. civilized peoples. But that time did come, and resort was had to a disregard of the obli Mr. President, it is not my purpose to enter upon a discussion of the gation of the oath of office to further the ends of the men who had re rebellion, nor of the horrors with which it filled more than four years of solved to destroy the Republic because a majority of the voten:i thereof, the history of the l{epublic. It could not have occurred but forthe pres by methods ordained by the Constitution, had effected a result in a ence ofthemoralobliquitywhich had been produced by the toleration of Presidential election which was not sat~factory to the owners of slaves a system and practice which could only exist by the suppression of nnd the supporters of the slave power. ' 1,be doctrine and the declared fact of the equal rights of all men. Tol The proof of this disregard of the obligation of the oath of office, as erated injustice never sleeps. Itisnever inactive. Justice may some a support to a rebellion not fully organized, is supplied by the follow times sleep, but injustice is always on guard. It is ever alert, and is ing letter, which has become a part of the history of the country: always ready to prom<:>te its own ends. Its instrumentalities often are W .ASllINGTON, January 7, 1861. well devised, cunning, and clothed in deceptive apparel. l\IY DEAR Sm: On the other side is a. copy of resolutions adopted at a. con No personification of injustice ever more artfully practiced thGse sultation of tho Senators from the seceding States, in which Georgia, Alabama. It Louisiana, Arkansas, Texas, l\Iississippi, and Florida. were present. The idea characteristics than dicl slavery in this Republic. went on through of the meetinit was that the States should go out at once and provide for an lines of greed and gain, through social and politiCal methods and in early organization or a Confederate government, not later than the 15th of Feb fluences, until it became puffed up with a delusive sense of its own ruary. This time is allowed to enable Louisiana. a.nd Texas to pa.rticipa.te. . It seemed to be the opinion that if we left here force, loan, a.nd volunteer bills greatness and asserted its superiority and demanded uninterrupted might ue pnssed, which would put l\lr. Lincoln in immediate condition for hos control of the affairs of tho nation; and thus it went on until it de tilities ; whereas by remaining in our places until the :>tho( March it is thought manded the rigb.t to convey itself int-0 all of the Territories, and thereby we can keep the haia.ds of l\Ir. Iluchana.n tied and disable the Republicans from to defipitely and permanently in trench itself as an all-conquering force ~~!i~:ti~i;{. lcl;islation which will strengthen the hands of the incoming Ad- in the politics of the country. The resolutions will be sent by the delegation to the president of the conven When slavery had reached this point justice became fully aroused tion. I ha.ye not been a.ble to find Mr. l\Iallory this morning. Hawkins (the Representa.ti>e from Florida) is in Connecticut. I have, therefore, thought it and commanded a halt. That command was enforced by the Presi best to send you this copy ot the resolutions. dential election of 1860, and the Republic t.nrned its face full upon In haste, yours truly, the doctrines, aspirations, and purposes of1he fathers as outlined and, D. L. YULEE. J. G. FneraoAN, at least in part, formulated in the Declaration of Indepe~dence and in Sovereign Conventlon, the preamble to tho Constitution. Then came tho rebellion which hacJ 1890. CONGRESSIONAL RECORD-SENATE. 327

been prepared for by the supporters of slavery, who had resolved to be very important subject to which they relate? Citizenship and the masters of the political situation, even though the desbruction of the rights and privileges belonging thereto are embraced in the field into Union should be the result"of their efforts. which this discussion has entered. As we survey the conditions sur By the methods and conditions to which I have already referred -the rounding us, what is it that challenges our attention? Is it a" race possessors and supporters of slavery attempted to build a governmental question?" No; it is not present. Is it some "race problem," invit structure whose corner stone that hateful system shonld be, and which ing us to discuss abstruse scientific inqniriP,s about the pa'3t history should be the shelter and home of an in~ependent nation. I need not and present conJitions and relations of different types of men? Noth here enter upon an account of tht} physical conflict which followed. ing of the kind appears. Well, if not these, what is it which forces That is all recent history. The Republic survived, and the Confed itself on our attention ? eracy disappeared from the face of the earth. Justice was enthroned Scan well the constitutional provisions I have quoted, considerately - and injustice was imprisoned. Liberty and equal rights were estab- examine the terms of the official oath under which we a.re acting, and · lished. Despotism and slavery were subdued. These results were the answer will come with directness and force in a single word. gathered from the battlefields and gi"\"en permanent lodgment in the What is it? Duty. .And why duty? Because the Constitution has Constitution through the processes of atnendment provided for in its eliminated from the case which presses upon us all of the elements of original text. The first effort iii this course of action placed in the Con ''race, color, or previous condition of servitude.'' It has put in the stitution the thirteenth amendment, by which it is declared: form of constitutional law the corner stone of our revolutionary struc SECTION 1. Neither slavery nor involuntary servitude, except as a. punishment ture on which was engrossed the declaration ''that all men are created for crime whereof the party shall ba\·o been duly convicted, shall exist within equal; that they are endowed by their Creator with certain inalienable the United titates or any place subject to their jurisdiction. rights; that among these are life, liberty, and the pursuit of happiness," This put an end to that tolerated injustice which the founders of our and our oath of office requires us to protect and assure an enjoyment of -system of government had hoped to see pass away by the action of these rights by appi:opriate legislation. forces and influences to be evolved by enlightenment and civilization; M:r. President, we all, of course, know that the citizenship of this and in order that it sho.uld have no opportunity of reassertion or return Republic is compresentative due execution of which the happiness and prosperity of the nation so vitally depends, must also be intrusted with ample means for their execut.ion. in Congress in respect of the subjects to which they relate? Perhaps The power being given, it is the interest of the nation to facilitate its execu· the terms of the oath 'vhich we ha>e each taken will aid us in giving tion. It can never be their interest, and it can not be presumed to have been answer to this question, and I here quote it as follows, namely: their intention, to clog and embarrass its execution by withholding the most appropriate means. I do solemnly swear (or e.llirm) that I will support and defend the Constilu· tlon of the United Stntes against a.11 enemies, foreign and domestic, and that * * I take this obligation freely and without any mental reservation or purpose The Government which has a rig-ht to do an a.ct, and has imposed on it the j of eYasion; and that I will well and faUhfull:r discharge the duties of tho office duty of performing that act, must, according to the dictateso!rens on, be allowed on which I am about to enter; so help me God. . to select tlte means; and those who contend that it may not select any appro priate means, that one particular mode of effecting the object is excepted, take Now, applying tbe terms of this oath to the provisions of the Consti upon themselves the burden. of establishing that exception. tution which I have quoted, what result do we arrive J,tt in respect of the

·, 328 CONGRES~IONAL RECORD-SENATE. DEOEMBER 11,

Let the end be legitimate, let it be within the scope of the Constitution, and was 1,131,597; of South Carolina, 995,557, making a total of 2,127,· all menns which are appropriate, which arc plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, 154. Taking the accepted ratio of 1 to 5 to ascertain the number of are constitutional. · voters in the two States, we find it to be 425,430. Of this number only Mr. President, this early exposition of the legislative powers of Con 191, 129, M evidenced by the official returns, cast their votes at the gress has never been successfully assailed. This being the case the ex Congressional and Presidential election of 1888, showing a shortage of press delegations of power contained in the several amendments here 234,301 and disclosing the suggestive fact that the votes not cast or tofore mentioned might have been, I repeat, omitted without impair'"' that were suppressed by the election officers in formulating the returns ment of the power of Congress to legislate to the full extent neceSSc·uy for exceeded those that were cast by some 43, 172. The average vote per the effective protection of the citizen. But the people and the States district in the two States named was but 13,652. deemed it proper to incorporate an express delegation of power in each At the same election the State of Iowa elected eleven Representa of the said amendments, and have thereby emphasized the demand that tives in Congress, casting a total of 402, 936 votes therefor, being an Congress shall enact all needful legislation. average of 36, 631 to each district, or 23, 086 for each Iowa district more There is still another delegation of power to Congress which has sig than the returns for the districw of .M:iS:Sissippi and South Carolina nificant application to the present condition of the country in respect show; and, Mr. President, it will not be believed by the people of this of the political rights of the citizen. This is contained in section 4 of country that the citizeus of Mississippi and South Carolina are as free .Article I of the Constitution, and is as follows, namely: to use the ballot in those States as are the voters in Iowa to exercise The times, places. and m1rnner of holding elections for Sena tors antl Rcpre the elective franchise in that State. Nor will the people be content sentatiYes shall be prescribed in each State by the Legislature thereof; but the until absolute safety in the use of the ballot and good faith in the Congress may a.t any time make or alter such regulntions, except as to the counting and return of its expression shall be assured in national elec places of clloosing Senators. · tions in every State in the Union. When this end shall lmve been This power has at many times and in various ways been exercised reached we will have "a free ballot and a fair count," and not until by Congress, but at no time and in no form bas it been made effect then. ive in all States and localities in such practical way as to secure to The interests of parties, the fortunes of political-leaders, and all that each citizen the fact of safely casting bis \Ote and having it counted and such things imply sink into utter insignificance in the presence of such returned as cast. I need not prolong this discussion by citing the an issue and movement as this. No more important subject now com multitude of unquestioned instances which support the truth, of this mands the attention of the people of this Uepublic than the one of statement. For years they have transpired as frequently as elections which we are now treating. How shall we deal with it? Will partisan have been held, and wherever the prn.ctice prevails within the field passion aid us to solve it wisely? It does not seem to me that it will. of national elections, not only the right of the individual citizen is out On the contrary, I think thata little conservative reflection will disclose raged, but the equality of the States in the matter of representation to us all that the perplexities which surround theEiubject bad their origin is invaded and in effect denied. Section 2 of Article XIV of the in that character of passion, and that instead of being a help it would amendments of tho Constitution says: prove to be a hinderance. Representatives shall be apportioned among the seve1-al States according to The mind of the Senator from South Carolina seemed "to be moving their respective numbers, counting the whole number of persons in each State on this line of thought when he closed the speech delivered by him on exclutlinglndians not taxed. But when the right to votea.t any election for th~ choice of electors for President and Vice President of the United States, Repre the 16th of January last, on the bill introduced by him to provide for ser,talives in Conirress, the executive and judicial officers of a State, or the mem the emigration of persons of color from the Southern States. The con bers of the Legislature thereof is denied to any of the male inha.bitnnts of such cluding paragraph of that speech was in these words, namely: State, being twenty-one years of age and citizens of the United States, or in a.nv Is it not about time, Mr. President, that the thinking men of this country, men way abridged, except for participatlon in rebellion or other crime, the ba.sis of who have some concern for tho future welfare of coming generations as well representation therein shall be reduced In the proportion which the number of as the temporary triumph of party, should meet upon the common plane of the such ma.le citizens shall bear to the whole number of male citizens twenty-one general good nnd dispose of this question fairly and humanely'! Js there no years of age in such State. . subject, whether economic, more.I, religious, or social, which can be considered .without injecting into the discussion sectional and party considerations? Is !Yir. President, Congress ha.s power delegated to it to enforce this pro there not some topic of 1mblic import which we can make common cause of vision of the Constitution, but it has not in an etrecti ve manner provided and adjust without the burden and blinding influence of party bias? I should legislation to that end. Hence the result I have stated concerning the welcome such a day as a new era in our history from which to Jate better hopes right of the citizen and the equality of the States; and in demonstra for the perpetuity of a constitutional republic. tion of this sfatement I present a few figures from the returns of the · This is a conservative utterance, and I long to join that Senator in Congressional elections of 1888. At the election of that year for mem welcoming such a day as his aspiration invokes. Ho also eaid in that bers of the House of Representatives the two States of Mississippi and speech: 1 South Carolina cast a total of votes of 191, 129 and elected fourteen It is not an uncommon thing to have men say: "Let the negro alone; he makes a. good peasant class; he Is the best laborer we can get for the cotton members of Congress, or an average ot 13,652 votes to the district. At fields." the same election the State of Iowa cast a total of 402, 936 votes and And I cordially join with him in the questions which he propounded elected eleven members of the House of Uepresentatives, showing an in response to this statement, as follows, namely: average of 36,631 votes to the district. Do not all such forget that there ls no such thing as a "peasant cla.s.q" under The votes cast in Iowa exceeded those cast in the two States of .M:is our form of government? Do they forget that the negro is a free American oiti· sissi ppi and South Carolina some 211,807. If those twQ States are en zen, entitled by virtue of his citizenship, if on no other account, to equality be titled to fourteen members of the House of Representatives for the 191,- fore the law with the foremost citizen of the land-equality of opportunity, 120 votes cast by them, then Iowa should have twenty-one members for equality of i·ights? the 402,936 votes cast by her citizens at the same election. This does And, Mr. President, may I not with conservative consistency add not show that equality of representation in respect of these States this additional question to tho3e propounded by him and in which !join tl.iat the Constitution declares shall exist. Iowa does not stand alone him? If ''the negro is a free Ame_rican citizen, entitled by virtue of his in this respect, and we may be assured that this great injustice will citizenship, if on no other account, to equality before the law with the not pass without challenge on behalf of the States that are subjected foremost citizen of the land-equality of opportunity, equality of to it. . They will insist on such an exercise of the definite and unde right.9," why shall not Congress formulnte and enact such laws ns will niable powers of Congress as will assure to every citizen bis vote and secure him in the enjoyment of this equality in respect of national at the same time put an end to this inequality between the States; and elections as it would if be were in fact, a.s well as in the theory ad on behalf of the State of Iowa, which I, in part, represent, I insist that vanced, the foremost citizen in the land? there shall, at least, be earnest effort made to remedy this flagrant in Taking the case as put before us by the Senator from South Carolina justice. [Mr. BUTLER], does it not seem as though we have at last reached a. I do this in behalf of the individual citizen quite as much as I do for Topic of public import which we can make common cause of and ntljust the.State; for the citizen, whether he be a resident of Iowa, or South without the burden nnd blinding influence of party bias? · Carolina, Misswippi, or any other State in this Union. Such facts as If not, why not? Has not the colored citizen been true when trusted? I have presented are not evolved by justice, but by oppression and de Did Andrew Jackson regard him with suspicion when be issued the nial of that proper, constitutional protection which, if extended to the following appeal to him in the semblance of a military order? citizen, would assure to him the opportunity on all proper occasions to HEADQ.UARTEllS S EVE~Tll l\IJLITARY DISTRICT, Mobile, September 21, 1814. exercise that most potent and incisive of all_ his right.9, the use of the To the free colored inhabitants of Louisiana: ballot. Through a mistaken policy you have heretofore been deprived of a. partici Mr. President, it will be no answer to the facts I have presented and pation in the glorious struggle for national rights in which our country is en to the position I have assumed in consequence of their pre8ence in this gaged. This shall no longer exist. As sons of free

To every noble-hearted freeman of color volunteering to serve during the and generru advancement resulting therefrom the percentage of im present contest with Great Britain, and no longer, there will be paid the same bounty in money and lands now received by the white soldiers of the United proved conditions is decidedly in favor of the members of the colored States. The noucommissioned officers and privates will also be enti£led to the race, and if the census of tbis year shall give us accurate statistics in same monthly pay and daily rations and clothes furnished to any American this regard, I do not doubt that the entire country will concur in the soldier. On enrolling yourselves in companies the major general commanding will opinion I have expressed. select officers for your government from your white fellow-citizens. Your non Mr. President, if it shall turn out that I am not mistaken in this be commissioned otlicers will be appointed trom among yourselves. lief, how can we account for the result it presents? It is not difficult . ANDREW J AOKSON. to supply an answer to this question. It is found in the logic of the This a peal was not made in vain and to unwilling ears. The free conditions of the case. The so-called "poor white trash" simply con colored cifazens-respon 00, and in the performance of their duties gave tinued to pursue the lines of life to which they bad ·been accustomed no disappointment to the hero of New Orleans. This fact is most em from time immemorial. They did not feel the pressure and incentives phatically evidenced in the terms of a proclamation issued by him, and of new conditions. The. even tenor of their lives was uninterrupted. from which I quote as follows, namely: With the colored race the elements and possibiliti"s of the case pre Soldiers, when on the banks of the l\IobileI called upon you to take up arms, sented a very different aspect. They were the workers of the localities inviting you to partake of the perils and the glory of your white fellow-citizens, in which they existed. Their own lives and those of their ancestors I expected much from you, for I was not ignorant that you possessed qualities most formidable to an mvading enemy. I knew with what fortitude you could bad been devoted to labor for the sole benefit of others. endure hunger·and thirst and all Lhe fatigues of a.campaign. I knew well how The sweets of labor's reward had never been enjoyed by them. The you loved your native country, and that you had as well ns ourselves to defend what man holds most dear, his parents, relatives, wife, children, and property. chances of gain in any of life's pursuits had never opened their doors :You have done more than I expected. In addition to the previous qualities to them. To educate them had· been a crime. Participation in the I before knew you to possess, I found, moreover, amon.ir you a noble enthusi· affairs of the community, the State, Gr the n.ation by discussion or suf nsm which leads to performance of great things. Soldiers! the President of the United States shall hear how praiseworthy was frage bad never before come to them even as a dream. They had your conduct in the hour of danger, and the representatives of tile ·American entered upon a new life, in what to them must have seemed a. new ex people will, I donbt not, give you the praise your exploits entitle you to. Your istence. Instead of being chattels they were men. Each one of these generalautlcipa.tes them In applauding your noble order. changed conditions was an incentive to definite exertion through which That General Andrew Jackson bad full opportunity to sternly test a personal advantage could be secured. These, Mr. President, are the patriotism, valor, and soldierly qualities of the colored citizens some of the reasons why the percentage of improvement in the respects whose actions aided him so greatly in the accomplishment of the result I have named shows up in their favor. If they had been or shall now which mado the 8th of January one of the most notable in the be recognized by all whom they immediately concern, we would ·now American calendar, -no one can doubt. He expected much of them. be far advanced in the peaceful adj ustmcnt of the so-called race problem. He was not disappointed. From this we may safely conclude that op I hope it will be peacefully settled, and in such way and by such portunity to do is the one thing which, more than all others, enables methods as will assure to each citizen the full enjoyment of the rights men, singly or in multitudes, to demons~rate ability and fitness in and privileges to which he is, by the Constitution and laws of the land, promoting the general progress of their times, and we may reasonably entitled. The country can not afford to abandon the line on which it believe that if the colored race, instead of being held in bondage in this is now moving. Looking backward will not meet the case. Justice is country for more than two centuries, had been possessed of opportu the only remedy that will meet the case. But this must be intrusted nities, in civil life and its affairs, corresponding with those accorded to to and administered by Patience. This is the safe road over which all those of its members employed by General Jackson in bis military op great reforms have passed. eratiou.s, we would not now be considering the so-called race problem The Constitution has determined who are citizens and the character in the Congress of the United States. and extent of their rights and privileges. Obedience to the Constitu But we enslaved the greater part of that ra.ce residing in this coun tion is the duty of the citizens and it is the duty of the States. This try and we obstructed the avenues of auvancement as to that portion must be the end of our present difficulties, no matter how much we nominally free. We all well know what came to this country because may, in the mean time, postpone its coming by interposing obstacles of this course of action. Oppression and injustice produced their inev antagonistic to it. This Republic will not abandon the principle of italile fruits for mt to gather. A nation can not practice oppression and equality on which it rests aud to which it owes its phenomenal progress. injustice and escape retributive consequences. This is a tru..tb to be Fraud, threatenings, force, and assassinations may for the time pre found in the pages of the histories of all peoples. We bad no right to vent the free and equal use of the ballot or prevent its correct return. expect that an exception would be applied to our case. We now know Such instrumentalities may complicate the conditions which we must that it was not applied. adjust and prolong the journey that we must make before we s~all Mr. President, we are not necessitated to go back to 1814 to discover reach the end which will give us peace. What shall we do? Do right. valuable military services rendered to this Republic by the negro race. What is right? Obey the Constitution and the laws. This is right. When the slaveholders' rebellion was exerting its powers to overthrow Let each citizen, be he white or colored, cast his vote as is h1s right, our constitutional Government and to destroy the Union of the States and have it counted as it may be cast. "Oh, no!" rejoins the Sena the colored men were ready to give tis aid. By companies, regiments, tor from Mississippi [Mr. WALTHALL], for- brigades, and divisions they rallied .to the support of the flag of the Re \Ve must have to-day four huncfred thousand more negroes tha.n white people in Mississippi, and it is estimated by some that more negroes movedJnto the public. Some two hundred and futy thousand of them participated in counties composing the Yazoo delta in the first three months of the year 1889 the struggle for the preservation 6f the Union, helped to fight its bat- · than there were white immigrants who settled in the entire State in the same tles, to win it.s victorie~, to re-establish it on the surer foundation of a tim~ · unified citizenship and equal ri~bts. And, he ndds: What they did and endured during the years of that terrific strag It is probable that the disproportion will be increased in 1890, and, although these estimates are somewhat conjectural, whether they be correct or not, it is gle more than justifies implicit belief in all t.bat General Jackson pro certain t.hat the black prepunderance has increased immensely since the dat.e clafmed in respect of his colored troops in 1814. Nor did they stop of Mr. Morton's prediction, and is growing every day. doing when the rebellion was suppressed and peace assumed control of Mr. President, the Stat~ of Mississippi, for which that Senator speaks, the Union and its affairs. A new opportunity bad come to them, and cla.imed under the census- of 1880, as she will claim under that of 1890, they have not failed to improve it in ways which give solid grounds that full account be taken of the number of her colored citizens in order on which to base a beliefthat the future has in store for them and the to determine bow many members of the House of Representatives of country a settlement of the perils of the present conditions of the races the Congress of the United States shall make known her wishes in that which, while observing the difficulties surrounding each, may result in body. She is willing to accept and use the power the presence of her the promotion of the true and best interest.a of both. colored citizens assures to her. It would seem fair to them and fair to 1\Ir. President, during the long years of the existence of slavery in the other States that she should let those citizens vote when elections the Southern States, there lived a ·vastmultitude of people called "the are held for the selection of those Representatives. . poor white trash." I always hated that descriptive phrase and gave It would seem just to those rapidly increasing citizens that the State my sympathy to those to whom it was applied. They were nonslave- should give them encouragement to fit themselves for all of the duties - holders. My sympathy did not go to them for this reason, but because and responsibilities which citizenship cast.a upon them, and accord to of the bard conditions which attended their live.a. I have seen them them all proper opportunities for improven1ent in their general condi in the communities and in their homes. They were free and in most tions. But it is suggested that this would -be an unwise course for the of the States of their residence they were in law, if not in fact, pos State to pursue. W~y? Because, the Senator [Mr. W ALTIIALL] says: sessed of equal political rights with the slaveholding members of their The nearer an inferior race approaches successful competition with the white race. man the more the white man's an ta.goo ism and spirit of resistance are excited But as a general rule they were born and died membt:rs of their class. and aroused. Acquisition of property·and education were known to them in degree l\fr. President, it seems to me that this is not a very logical, sub about equal to that enjoyed by the slaves. When the rebellion was stantial, or consistent reason on which to base an apology or attempted crushed out these two classes, practically with no distinction between justification for persistent violation of the Constitution and laws of tbe them but that of being members of difterent races, commenced a strug-1 United States. Far better would it be for the State of Mississippi and gle with the new conditions. I have watched and studied their re- all other States of political inclination and practice kindred to hers to spective efforts and movement.a with no little interest, and have been resolve to respect the Constitution and laws, and move on hand in brought to the belief that in the acquisition of property and education band with justice and patience in resolute _riurpose to promote, rather CONGRESSIONAL RECORD-SENATE. DECE~IBER 11,

' . ~ . than obstruct, the coming of that inevitable end which will proclaim manifest a belief that, in the midst of such perplexities as surround the equality of men us an established fact throughout the entire juris- us, patience is a surer weapon than violence. If the latter resort shall diction of the Republic. · ever be appealed to, let not such appeal be able to plead as its justifi The Senator fro~ South Carolina (:r.fr. BUTLER] seems to be im cation a refusal, or e>en a mere neg:lect, on the part of the Government pressed with a. belief that his scheme for the deportation of our colored to enact and enforce such laws as will recognize, protect, and maintain citizens promises the most conservative and peaceful solution of the the equal righta of citizens without regard to ''race, color, or previous SO·called race problem. The State of Georgia does not seem to agree condition ofservitude. 77 Duty commands us to advance to this J?OSi with him. He would offer inducements in the form of pecuniary aid tion If we obey we will establish peace throughout the Republic. If to "any petson of co~or" who may "desire to emigrate from any of werefuse to obeythiscommandof duty, wewillbut involveourcountry the Southern Stn.tes," and be proposes an initial appropriation of $5,- in the perils of that retributive justice which has ever been the ally of 000,000 with which to start the movement. the oppressed. If tne Senator should secure the legislati>e and executive approval Mr. FRYE It is.not my purpose, Mr. President, to discuss the pen.d necessary to give his scheme the force of law, and, moved by philan ing bill to-day except incidentally. I may, at a later period in the thropic impulses, should visit the State of Georgia with a purpose to discussion, take the floor for that purpose. I am induced to say what make known to the inhabitants thereof the beneficent features of his I ha•e to say now by the reference which the Senator from Virginia emigration measure with a view of inducing them to accept the same [Mr. DANIEL], in bis speech a few d2.ys since, made to a report called and leave the State, what character of obst..1.cle would confront him? the Lynde report, alleged to have been presented in the House of Eep Alnw of the 8tat.e of Georgia which provides that- resentati•es during the Forty-fifth Congress, third session. The refer It shall not be lawful for any emigrant agent or agents to solicit or procure ence to it seemed to make me join in its conclusions; and that is not emigrants to leave the State 9r to act in the capacity of emigrant agents for an isolated case. As m:my as six different times within my knowledge said purpose without first pr~curing from the tnx collector of each county in which he proposes to solicit emigrants a. license therefor, for which he shall what is known as the Lynde report has been cited, and I have been pay the sum of $500 in each county where be may solicit or procure emigrants, charg:eci-and I regard it as a serious charge-with assenting to it. which said sum said tax collector shall pay over to the State as other taxes. In the House of P..epresentati ves at the last session at least twice I was Any person who shall solicit or procure emigrants, or shall attempt to do so, without first procuring a license ns above required, shall be guilty of 11 misde quoted as being in favor of a repeal of the supervisory law on the stat meanor, and, on conviction, shall be punished as prescribed in section 43to of ute books of the United States and as believing that John I. Daven this code. port had been false in his duties. Doubtless this law of Georgia would he a discouragement to the Sen l\Ir. President, I desire to say in reference to this that there never ator from South Carolina [lt.Ir. BUTLER] and to other persons who, like was any Lynde report, that there never was any report made whatso him, might be moved by tlieir philanthropic and humanitarian im ever by the committee which investigated elections in New York and pulses to promote the interest and comfort of the colored people by in Mr. Davenport in the Forty-fifth Congress of the United States. ducing them to organize systematic and 1ormidable emigration move I tried my best to induce a report, and in that I did not succeed. ments. It may be evidence of great perversity on the part of that State If the Senator when quoting from this report had examined it be would that she should desire to retain the laborers within her limits, includ have seen that it was in no· sense the report of a committee. It con ing those belonging to the colored race, when the increase of this latter tained the views of Mr. Lynde undoubtedly, and was reported to the class of her population from 1870 to 1880 was 169, 991, as shown by the House of Representarives for one purpose, to be printed, and no other, last census. and then was recommitted, and never has seen the light of day from The increase for the same period in South Carolina was 188,298, and that hour to this. in .Mississippi it wa.s 206,090, showing no very alarming diftercnce in Mr. TELLER. It has been quoted. the ratio of increase in the three several States for that decade. But Mr. FRYE. I am aware that it has been quoted here again and Mississippi and South Carolina cry aloud to be relieved from the hard again. lines that have fallen upon them. Georgia welcomes the increase and I say again that the committee appointed to investigate was the Ju enacts a revenue law, made effective by penal sanctions, to prevent diciary Committee of the House of Representatives, of which I had the other States or countries from enticing any portion of that increase to honor to be a member. That committee designated Mr.·Lynde, Gen depart from her. The difference indicated is radical. The Southern eral FORNEY, and me to go to New York and make the investigation. States do not agree. I say that what to-day is regarded and treated as the report of that !fr. President, not even the superficial student of the history of the committee never was read to the Judiciary Committee. I say that the American people can fail to detect the threads of moral force that line its Judiciary Committee never heard a word of it and never agreed to~ pages. From the earliest colonial times down to the Declaration of In word of it. . dependence; on through the years of the war which followed it; on to Now, a bit of history. In the Forty-fifth Congress an undertaking the adoption of the Constitution and the establishment of the Union was made to repeal all protections that were thrown around the ballot of the States; on through the progress of the Union to the outbreak of box. Tammany united with the Confederates of the South to break the rebellion; on through the years of terrific, desolating war and sac down e\ery safeguard and every protection and open up the ballot box rifice which followed, down to the adoption of the amendments which to fraud and outrage of every name, nature, and description, and of de.fined citizenship and proclaimed the equality oftbe ballot, the Amer course Tammany and those gentlemen could not permit the laws of the ican conscience has illuminated those pages. United States regulating elections, providing for supervisors and in If we shall read them with becoming care and with conservative spectors and marshals, to remain upon the statute book. So the at purpose study the lesson which they present, we will not fail to derive tempt started very early in that session and Mr. Fernanno Wood, of instruction most important in its application to the conditions now ac New York, I suppose a Tammany chief, always so called, presented a / tive in our public affairs. We will be dull students if we do not de memorial signed by sixty-three citizensofNewYorkCity, in which they tect in the onmarch of the centuries how certainly the moral forces, in represented that one John I. Davenpott, a desperate man, a man who spite of all manner of obstruction, have advanced trom one success to neither regarded God nor law, had arrested them on election day,.in another, causing men and nations, from time to time, to look back with carcerated them in the prisons of New York, and deprived them of the undisguised astonishment on the unbroken ~ine of triumphs for true rights of American citizens, and they demanded of Congress that John progress that challenges their attention. Not superstition, nor igno I. DaYenport should be deposed and that the laws under which he was rance, nor cupidity, nor e>en wars have been able to give more than actinir should be repealed. temporary check to the conquering force whose weapon is the conscience I remember well when the petition or memorial was read. Imme· of man. diately the House directed the Committee on the Judiciary to investi Test this statement by the facts recorded in our history relative to gate this matter, and, as I have already said, a subcommittee, consist slavery and the negro race, and it will remain unshaken. Every fact ing of the gentlemen I have named, proceeded at once to New York in there recorded evidences an advance towards the extinction of slavery the month of January. We spent three solid weeks in ta.king testi and the establishment of equal rights and citizenship for the members mony. The result was just what it had been every time any such at of that race bythesan:.e constitutional pro>isions and guaranties which tempt had been made. The committee was snowed under by facts, the secure them to the white race. same as Mr. Barney Caulfield's committee was, the same as has hap Mr. President, tho factli and considerations which I have noticed pened to every unfriendly committee-which baa proceeded to New York demonstrate the truth of that frequently quoted aphorism which ad to investigate the election of 1868 and the conduct of John I. Daven monishes us that: ''Nothing is settled until it is settled rip;ht." Let port as supervisor from tbe day he was made supervisor down to now; ns take counsel of the warning this aphorism places before us. Let us and the same fate has met every attempt in anv court of the United earnestly strive to give practical and ~fficient application of this ad States to find him guilty. · · monition to the case with which we are now dealing. Let no dis Five times he has been brought before th~ court and five times couragement cause us to doubt that, sooner or later, a result will be he has been pronounced not guilty. Again and a~ain leading Dem reached which will assure to our country the contentment and peace ocrats ofrespectability in New York, and especiallym New York City, which come from rightdoing. as well as Republicans, have joined with Mr. Davenport in his able and If we do not at once realize all that we hope for Jet us take counsel determined attempt to prevent fraudulent voting in that city. u~ to of patience, and work on with resolute purpose to the accomplishment 1878 no complaint can be found of him or his methods except coming of that settlement which shall be enduring heca.use it will he right. from Tamm1my in that city, and never but one coming from that or And both races must work together in this great enterprise; both must ganization till 1878. 1890. CONGRESSIONAL REOORD-S~N.A.TE. 331

I say we were snowed under by facts. We came back to Washing Mt. FRYE. I get that from no report of the Senate, but from evi· ton about the 10th or 11th of February. Congress was to adjourn on dence taken before a comµlittee. the 4th day of the next March. Now, I affirm, and it can not be con Mr. MORGAN. What committee'! tradicted, that the majority of that committee never had the remotest l\Ir. FRYE. A committee of which I was a member. I want to purpose of making any report, and on the 19th of February I took the give that exactly, .because I have stated it differently before. :floor in the House and I charged it home that we were route~, horse, The common pleas court naturalized 1,645; the superior court ad foot. and dragoon. mitted 18, 432; the supreme court 18, 824, and gave certificates to 18, 314 I made a speech which I can not duplicate in the United States more, making 5'.7, 215 in all. In J ndge Br..rnard's court in one day 2, 050 Senate. I have to choose my words here, tone myself down to Sena meh were naturalized-over eight a minute. torial dignity and .Senatorial courtesy. In the other Ilouse I could Mr. DAWES. In twenty-four hours? give free rein, as the.Senator from Kentucky [Mr. BLACKBURN] could, Mr. FRYE. No; they sat but eight or ten hours. who sits before me, and as he knows he and I occasionally did. But Mr. DAWES. Not eight a minute for the day? . even after that aggravating speech tnere was not shown the slightest Mr. FRYE. No, but for the time they were in session. disposition on the part of that majority to make any report, and .it A lawyer of character was present when one batch was naturn.lized, did not. and he described it, I am speaking from memory, but my recollection But the necessities of the Democratic party were, as they are to-day, is very vivid. About 150 were brought in, each armed with a little very persuasive. · There must be an open and free ballot, open and free , note from Tammany, drawn in red ink, "Naturalize the bearer,'' and to the ballot-stuffer, a ballot box without any guards or any provisions the court was instructed, or the clerk, that wherever a man presented for safety, and ample opportunity to count, and it would not do to have _ that red-line order Tammany would pay the fee. A squad of 150 were that committee come back and say nothing, and by their silence admit brought in. . that there was nothing to be said. So the 3d day Qf March, after we There was a little center table placed down. in front of the court's had been at home almost a month, Mr. Lynde came to me in the morn desk, a Bible laid on it, and then rings were formed around this cen ing, read to me this, which is called a report, and asked me if I had ter table and tliis Bible. The inside ring touched the Bible with any objection to his having it printed and recon;imitted. I told him their fingers; the outside rings reached their fingers towards the Bible; assuredly not, and that day, after the House assembled, he reported it and in a minute 150 men whom nobody on earth knew were made to the House, asked leave to print; it was given, and then recommitted citizens of the United States and the oath administered to them. The

to the Judiciary Committee; and neither before nor after it was printed average in the superior court was 11013 a day, while a judge in Lou was it ever read to the JuCl.iciary Committee or did they ever take any isiana.in 1844 was impeached for naturalizing 400 in a day, and found. action upon it, and there is no such thing as a report of that committee guilty on the ground that it was a physical impossibility to natural to-day in existence. ize so many men in a day and be obedient to the laws. I, forsooth, joined in the report of the committee! I, to whom this A Senator asks me who were the witnesses. I remember as dis bill now pending which so excites Democratic ire is not one-tenth part tinctly as if it were to-day some of them. There was a Patrick l\IcCaf stringent enough, not one-tenth part drastic enough in its provisions. frey; 0 he was a deputy of John O'Brien and was dismissed for extortion. Why, Mr. President, if it were necessary, in order that the ballot shall He was a witne'3s, if I recollect aright, to 900 men in the two courts. be secured to every citizen of the United States and that that ballot John l\foran, a man who served a long term in the New York State's shall be counted as he casts it, to put a bayonet behind every ballot, prison, was a witness to 1, 397. I would put the bayonet behind it. [Applause in the galleries.] Patrick Goff, a well-known thief, and as well known to be a thief to The VICE PRESIDENT. The galleries will be cleared if there are the two judges as he was to the police, was a witness for 2, 162, and in further manifestations of approbation or disapprobation. one court in three days he appeared for over 600 men, and in his tes 1\Ir. FRYE. This report, or alleged report, concludes: timony gave his residence to the judge presid,ing in thirteen different These are evils which demand a remedy. l\Ir. Davenport holds his office by places, and the judge knew him as well as he knew his alphabet. appointment from the judge of the circuit court of the United States for the Patrick Goff had 4,000 blank pertificates-blank so far as the name second circuit. He is not subject to impeachment or removal by Congress. of the American citizen was concerned, only-all filled up and signed, The only way he can be reached, if the circuit judge should see fit to continue him in that office, is by a repeal of the law creating the office. Your commit for sale, and he sold them at from 50 centS to $2 apiece. Five thou tee hclieve that the power conferred upon the supervisors of election, as it has sand of them were sent to Connecticut for sale. In the neighborhood been exercised in the city of New York, is destructive of the rights of the citi zen, and, instead of promoting purity of elections, has been made use of by of 5,000 were sent up the Hudson River. From 4;000 to 5,000 were partisans for purely partisan purposes; and they therefore recommend the re sent into New Jersey. peal of all laws authorizing the appointment of supervisors or chief supervisors Mr. DANIEL. Is that in the record here? of elections, also all laws authorizing special marshals of elections. Mr. FRYE. No, sir. It was no report of the committee, but a favorable response to.the Mr. DANIEL. Where shall I :find the record of that?

demands of Tammany on the part of one member of it; nothing more, Mr. FRYE. 'You 1will find a part of it in the Lawrence report; you nothing less. • will find a part of it in the testimony that W¥ taken before what you Now, what was the trouble in 1878? What citizens were deprived call the Lynde committee, if you will examine the testimony, and of their rights? What protections were taken away from patriotic men elsewhere. who desired to serve their country by voting? Mr. President, from Mr. BL.AIR. , If the Senator will allow me, this testimony is all in 1857 up to 1868 fraud had been growing in the city of New York until a report made by the Senate committee of which Mr. Wallace was at it had reached absolutely monstrous dimensions. There had been riots one time the chairman. Most of this testimony I took myself, and I · there in elections which attracted the attention of the whole world. made a report ~n behalf of the minority upon it, which is in the rec We had been compelled to send our armies there to protect the people ords of the Senate. in their rights. It was known to all men. It was favored by no honest l\Ir. FRYE. The only difference.I wish to·state right here, so that man either on the Democratic side or the Republican. It culminated there.shaU be no misunderstanding, for I have talked on the subject in 1868, and such an election as that was never before known in the of New York elections before and made the statement before. Where history of tbe world and never will be again. the numbers given were smaller than these given now, the earlier state Up to that time the court of common pleas in New York had been ments were taken from the Lawrence report. Since the Lawrence re in the habit of attending to this matter of naturalization. It had hon port there have been three or four in~estigations, and there has been est judges, and the average up to that time of naturalization was not a most careful investigation into the courts themselves to find out just over 5,500 a year. Reasonable examinations were made of applicants how the case stood as to this matter of witnesses, so that the figures and honest vritnesses were required to appear and take the oath. But I am ~iving are correct, and not the figures which I have given here Judge l\IcCann had been elected two years before judge of the superior tofore, which were very much smaller. court of New York, a man without conscience, a roan without fear, a Now, another thing. Forty-two American citizens were made in a man without virtue, a man without patriotism. Judge Barnard at the brickyard, the certificates being filled out on t.he top of the machine. same time had been elected judge of the supreme court-Judge Barn Again, thousands and tens of thousands of .blank certificates so far as ard, so notorious and so bad that shortly afterward he was impeached the name was concerned only of the American citizen, otherwise filled and removed. Each was a candidate for re-election, and each one on out, were deposited in the groggeries, the houses of ill-fame, and the the '(3th day of OctolJer, before'election, took off his coat, rolled up his. saloons and dance halls, where they were sold for 50 cents apiece and sleeves, stopped all business of both courts, ana proceeded by proclama a glass of whisky thrown in. tion to say that the court would·be convened at such an hour each day Mr. HOAR; All dated within a few days of each other. for the purpose of naturalizing American citizens, or rather of natural Mr. FRYE. · Yes, all dated within a few days of each other. So in izing foreigners and making them American citizens. this matter of naturalization there were from 40,000 to 60,000 fraudu Now, a scene was ena<(ted in those two courts that neverwas before lent naturalization papers ill the hands of men ready to be used in the and never will be a!!ain, for the world to-day knows of it. Fifty-seven city of New York. The attention of the country was attracted. Con~ thousand men were naturalized in seventeen days' session in each. The gress investigated, and laws were enacted to punish any recurrence of Lawrence committee shows only about thirty-five thousand, but sub this monstrous crime against the Republic. sequent to the report of the Lawrence committee a careful, rigid in-· What was to be done by the newly created officials? The first thing vestigation was ma.de and the figures which I give now are correct. which l\fr. Davenport set himself to do, and he did it on consultation Mr. MORGAN. from what report does the Senator get that? with leading Democrats and Republicans, men like l\1r. Whitney, who 332 CONGRESSIONAL RECORD-SENATE. DECEMBER .11, for awhile afterwards was corporation' counsel, was to recover from the sociated with Mr. Davenport they were proceeding.under the New York men who held them these fraudulent certificates; and why? In the laws? first place becau~e the men wbo were not entitled t.o naturalization Mr. FRYE. Yes. Now, I wish to call attention to another thing, should not be permitted· to vote on certificates they had purchased or to another division of the subject which has been called up in this de that the courts bad given them in fraud. Second, because there were bate and over which the Senator from Delaware [Mr. GRAY] became thousands and tens of ~bousands of men who were fairly entitled to be so tragic, and that was the examination of houses, domiciliary visits naturalized and to papers who had· received in their ignorance these to ascertain as to the fairness of registration. It was shown that there fraudulent papers and believed that they had a right to vote, and were were nine repeaters at that election who registered in three hundred exposing the~elves in every election to arrest, imprisonment, and fine. different \'oting precincts and voted in every one it was possible for So for the honest as well as the dishonest it was an imperative duty to them toreach. Hundreds of men were shown to have voted from three take those fraudulent certificates out from the hands in which th.ey times to forty-one, one voting forty-one times and registering in as many were held. places. One hundred and eighteen registered from a vacant lot; twenty Mr. Davenport went to work with bis well-known activity, e~ergy, six· registered:from ~bank; fiv.e hundred registered from dwellings only and sagacity, worked year in and year out, night and day, to re occupied by fifteen. cover these, and when the election of 1878 came along he had succeeded Mr. GRAY. In what year was that? in obtaining all but 10,000, and he determined to close up the business. . Mr. FRYE. Inl868. Look at the Sixth Ward. In the Sixth Ward Now bow did he do it? Let us see if there was anything particularly in 1868 the vote for governor was 5, 40 l; in 1869 for secretary of state, unfair about it. I say he determined to close tip this business. He 6,274. In May; 1870, on the election of the chief justice, just before went to work. There was no secrecy about it, no disgnise: His pur the law went into effect, the vote was 6,350. In November, 1870,· six pose was published in.the daily press, Republican and Democratic. He months after\vards, with the law in force, the vote for governor was notified a committee of ·Tammany of it a.nd sought their co-operation, 3,903 and for member of Congress 2,865. In ward 6 a little super which at :first they seemed inclined to give, but subsequently refused, vision provided for by Jaw brought the vote down from 6,274 in May and, on the contrary, finally bitterly opposed. · on a chief justice to 2,000 and a little over 900 in the ensuing Novem Jn the month of August he caused notices to be .served upon these ber. Was not this a marvelous purification? holders person::i.lly, and also published notices in the papers of both Take ward 1. In l\fay the chief justice received 3,051 votes; in politfoal parties, informing them of the fraudulent character of their ward 2, 470; fa ward 3, 1,332; in ward 4, 5,804; in ward 5, 4,374; in papers, that they would not be permitted to register under t~em. , but wanl 6, G,350; in-ward 7, G,887, and in ward 8, 9,512. In November, that, if they would surrender them, whenever they were entitled. to six months afterwards, when a member of C'ongress was to be elected naturalization they should receive their certificates free of cost; and . and supervision was asked and had, the aggregate of the votes in the .thousands of these were voluntarily surrendered by men who it ap eight wards was 22,539, being a loss to the Democracy in six months, peared were really entitled to be so naturalized and the papers were· by reason of inspection of the polls, of 14,941, and the total yote for given free of cost to them. He again served the notice in September members of Congress in the ci~y of New York was 12;610 greater than and again in October. · the total for chief justice in May. , Mr. MORGAN, Un the same persons? Mr. GRAY. I wish to ask the Senator where he gets those figures; Mr. FRYE. On the same persons every time. where will thev be accessible? Mr. MORGAN. The same persons who ·had papers before? Mr. FRYE. - I got those figures from a book published by Mr. Dav- ~fr. FRYE. These were the 10,000 fraudulent papers ill the hands enport. · of men that were not yet given up. Mr. GRAY. Oh! l\Ir. MORGAN. Do I understand the Senator to say that these pa l\Ir. FRYE. Well, those figures are accessible. There is a record pers were given up and new papers issued to these same people? of them, so that any Sena.tor can find out if they are correct. Mr. FRYE. These notices were repeated to the same people ex Mr. HISCOCK. I think the Senator will find in Spofford's Almanac cept so far as they appeared and gave them up. From 3,000 to 4,000, the canvass for those years. , I have forgotten exactly-over 3,000 and less than 4,000-under·those Mr. FRYE. That 0ook was publish~d and circulated all over the notices appeared and surrendered their fraudulent certificates and made country, and it contains a citation of the law and everything else. . affidavit that they knew them to ·be fraudulent, that their surrender Mr. BUTLER. It was published by Davenport, I think, was it not? of them w~s a voluntary act on their part, and they were not prose- Mr. FRYE. So far as I have had any occasion to know abont the cuted. · · work of Mr. Davenport, I think it has been as honest and as fair ns any The Senator from Wisconsin [l\Ir. SPOONER]. suggests that I did not work that was ever done in New York at election. Let me see,. then, make it certain 8.'3 to whom new papers were given. Of course I did if 1tfr. Davenport is to be attacked here. not make the statement that new papers were given 'to men who were Mr. BUTLER. It is very bad for New York. That i·s all I have to not entitled to new papers. Wherever it appeared from the examina say. tion made thatthey were really entitled to papers and had been honest Mr. FRYE. It may be bad for New York; but in 1876 Mr. Samuel in obtaining these fraudulent papers, then new papers were given them S. Cox, who lived in New York City, was sent over by Congress to in without. cost. Thousands more would have been freely given up bad vestigate Mr. John I. Davenport and the election in that city. He it not been for the violent and persistent opposition of Tammany. investigated it and says in the report he made: Just before. the election 3,200 warrants were issued against parties 'Vhatever may be said about the United States law as to elections or their su· pervision by United States authority; whatever may be said as to the right of who registered under these remaining fraudulent papers. On election a State to regulate in o.11 ways such elections, this must be said, that the admin day 606 were arrested and only 1, 240 succeeded in voting on those istration of the law by Commh:1sioners Davenport, Muirhead. and Allen, the papers. Immediate examination was had before the commissioners. United States functionaries, and their subordinates, was eminently just and All expedition was used. .As little trouble, delay, and vexation was wise and conducive to !lo fair public expression ina Presidentil\l year of unusual excitement and great temptation. The testimony of Mr. Davenport, the United caused for the .;.arrested as ~as possible. Nearly all were discharged Stales commissioner for the southern district of New York, is a remarkable on their own recognizance. Very few, if any, were prosecuted to judg statement, which the committee would adopt as the basis of their report as to ment before the court.a, the authorities regarding them rather as dupes the three cities. of Tammany than willful violators of the law. That is good Democratic authority. Mr. President, therewastheoffenseofMr. Davenport, in arresting G06 .Again he said: . men with fraudulent papers in their hands on election day, discharged The committee wol,lld commend to other portions of the country and to other cities this remarkable system, deYeloped through the agency of both local and on their own recognizance, none of them punished. For that reason Federal authorities acting in harmony for an honest purpose. In no portion of Mr. Davenport was to be impeached and the laws providingsafegnards the world and in no era. of time where there has been an expression of the pop for _!:llections in great cities like New York were to be repealed. ular will through the forms of law has there ever been a more complete and thorough illustration of republican instit.utions. Whatever mo.y have been the . Mr. DANIEL. Will the Senator allow me to inquire if they were previous habit or conduct of elections in those cities or howsoever they may discharged before election or afterwards? conduct themselves in the future, this election of 1876 will stand as a monument Mr. FRYE. I do not remember about that. of what good faith honest endeavorhlegal forms, and just authority may do for the protection of tne1 electoral franc ise. Mr. DANIEL. They were kept in jail until the election was over? From the moment the supervisors are appointed, from the moment that the Mr. FRYE. I think most of them were immediately discharged. I lists are purged, from the moment that the applications nre examined, to the know they were in 1876, because .Mr. Whitney, I think, was on the >ery last return of the popular expression, this election shows the ca.Im mastery of prudence. For this due credit should be given to men of both parties, and committee with Mr. John I. Davenport then, They had a committee especially to the corporation counsel, Mr. Whitney, and United States super· of two Democrats and two Republicans, and all the' cases, or as many visors. of them as were desired, were submitted to them and whenever the l\Ir. Commissioner Davenport had maps of every house and building in the city. These maps were corrected regularly every thirty days. You can not comm1ttee said they ought to go and be permitted to vote they went build a wing to your house, or change Its number, or add to its stories or rooms, and voted. If the committee said they bad fraudulent papers and or change the character or quality of the dwelling without its being registered knew it, they were refused the right to vote and held. by the supervisor. All the doubtful, or suspected, or bad houses arc registered and known. · 'Vhen these changes are made, that fact is brought to the atten Mr. MORGAN. Will the Senator allow me to inquire whether this tion of the functionaries in charge of the trust, and all trouble appeased and all committee was proceeding under the laws of New York or the laws of wrong .rectiffed. the United States? · Again- . Mr. FRYE. Oh, under the State law, I suppose. 'Vhether this work, which is unexampled, should be accounted a Republican Mr. MORGAN. The Senator says that wl!_en Mr. Whitney was as- work, through their Federal election law, or the work of the local authorities 1890. CONGRESSIONAL RECORD-SENATE. 33_3 . and organisms, inspired by a desire for an honest vote among the people, who 1t1r. FRYE. He said in the examination of two cases that in those were especially jealous of it on account of what was occurring elsewhere, one thing the committee must report, that it approximated as near to perfection as cases they were la::wful. . it was possible to do. There were no riots, no fights, no bayonets~ no disturb Mr. MORGAN. AJI I understand it, those cases were stated in the ance, no conflicts of authority, and none of the. concomitants wnich accom· record. . pany fraud and endanger free institutions. The people of the country owe a tribute of respect to the police of a city of , Mr. ·FRYE. There was a ~e, the case of Coleman, brought before more than a million and to the United States officers, who numbered thousands, the judge on a writ of habeas corpus. · for the harmony of action between the v11.rious officers, so as to illustrate to all Mr. HOAR. The Senator will pft.rdon me for suggesting that of the world how the imperial island city can conduct herself under great ex.cit& ment and in view of startling events! course, in the three or four or eight or ten days in which those thou sands of fraudulent naturalization were crowded there would be a few William C. Whitney, afterwards Secretary of the Navy, was a wit hundred honest ones. ness. Let me state one or two things he said. Mr. Whitney testified: :M:r. FRYE. There werel,600 from th~court of common pleas. On election day I attended before one of the United States commissioners all day. So far as I was concerned I was entirely satisfied, after our conference on Mr. HOAR I am speaking of the honest ones. There might have Saturday night, of what in fact I kne\V before, that Mr. Davenport, while he is been in some instances honest holding. an unusually zealous and earnest partisan, only desired to secure a iair and l\Ir. FRYE. There were mistakes made and there were arrests made honest election, and that all his action has been directed to that result. where men had a right to vote. I presume that was so. In the ad Again: ministration of all laws men are arrested who are not guilty. Of course you must understand that this system which Mr. Davenport has Take, now, block 4065. I am only going to give! the totals; In 1868 inaugurated and which he has carried to such perfection in New York City un there were registered in that block 332; in 1869, 466; in 1870, in doubtedly has the effect of preventin~ fraudulent voting, because a man is not going to come under this close exammation and scrutiny and undergo all the May, 487; in 1870, November, with supervision, there were 152. Then trouble of an arrest merely for a vote ; it don't pay. comes an off year, when the United States officers had nothing to do Again: with the registration, and the number was 340. Then comes the next Of course my judgment is not as important, perhaps, as that of some other peo year, 1872, when the law applied, and it was 110. ple might be; but from what I have seen of the preparation that was made to Take block 6045. In 1868 the registration was 332; in 1869, 446; ~~e:~n~lie~~ul~~: ~~::~1; :ai\!10:~\c!~~r~~i::~:~hteisJ~i~~r ~~a~!sc~~;t~~iJ in· Uay, 1870, 487; in November, 1870, 153; in 1871, 348; in 1872 there in New York City. were 113; in 1873, 97; in 1874, 120; in 1875, 121, and in 1876, 151, the registration from November, 1870,·to 1876 having been conducted Mr. SPOONER. Will the Senator allow me to interrupt him for a under United States supervision. moment? · Now take block 6046. In 1868 there were registered 247; in 1869, Mr. FRYE. Certainly. 573; in 1870, 579 in Afay; in November, 1870, 359; in 1871, 351; in Mr. SPOONER. The Senator from Maine has read from a report 1872 ~here were 71; in 1873, 66; in 187 4, 61; in 1875, 68; and in 1876, 82. which tends to show the co-operation of Democratic officials in New · - So much for an examination of the registration. Is there any Sena York City with Mr. Davenport as chief supervisor in enforcing the Fed tor. who.believes that a man who is not entitled to register should reg· eral law securing an honest election. He also stated in the course of ister ; that a man who is not entitled to vote should vote? And yet his remarks that such co-operatiop. had been frequent. If he will per the supervision provided for by the laws of the United States in the mit me, I will read, for it is very briet~ a letter which seems to be an city of New York has reduced in those blocks the voting population · original letter, and I am assured it is, on this subject: oTer one-half. · LAW DEPARTMENT, OFFICE OF TIIE COUNSEL TO TIIE CORPORATION, . New York, October 22, 1886. Mr. MORGAN. The Senator means the existing laws. Sm: Prior to the general election in 1884, a memorandum of agreement was Mr. FRYE. Yes, sir, the existing laws. entered into between the United States district attorney, the United States mar· Mr. BLAIR. Framed by Davenport, most of them. shal, the United States chief supervisor of elections, the district attorney or Mr. FRYE. And yet the Lynde report, at the demand of Tam· t h e city and county of New York, and the police commissioners of the city of New York. having for its object the securing of harmonious action between the manv, says that the law should be repealed and the old.method should officers of the United States 011 one hand and those of the State and the city of be resorted to, and Tammany should control in those lower wards of N ew York on the other. the city and count .five votes where only two were authorized by the The police commissioners have requested me, as their representative, to con sult you with a view to having a similar understanding arrived at prior to the law and the Constitution. election which is to be held on November 2. :Mr. -BUTLER: Can the Senat.-Or tell us where M:r. Lynde was from? I inclose you herewith a copy of the ngreement entered into in 1884, altered M:r. FRYE. Wisconsin; and he was a gentleman above reproach in only as to da te so as to apply to the forthcoming election. Please advise me at your earliest convenience whether you are willing to unite with t.he other oili everything except politics. [Laughter.] cers named in this letter in signing this agreement. Mr. BUTLER.· ''Except politics?'' Yours, very truly, Mr. FRYE. I do not regard the average Democrat in politics as E. HENRY LACOl\IBE, Counsel to the Corporation. above reproach at alL [Laughter.] JOIIN I. DAVENPORT, Esq., Mr. BUTLER. Of course not! United States Chief Supervisor of Elections. l\Ir. FRYE. I think there is something, I do not know what on It is signed by a- gentleman who I believe was appointed by Ur. earth it is, that makes a man the moment he becomes a Democrat capa Cleveland to be the circuit judge of the.United States for New York, ble at once of accepting almost any fraud anybody pleases to commit who was at that time corporation counsel. in the matter of voting, if only it inures to his benefit. Go up in the l\Ir. FRYE. :M:r. President, Mr. Whitney further said: State of .Maine, into any back town, find three Democratic selectmen, is I think Mr. Kelly satisfied himself in some way that no abuse of power was who are by law to pass upon this right of voting, and there no in ~tended, and I know that I have heard him since express to the organization sane man nor pauper nor man not entitled to vote at all for any other with which he is connected, and in one place an·d another, the same opinion I reason whose vote will not be accepted promptly: if he votes the Dem have expressed here: that Mr. Davenport has been a very important accessory in preventing fraudulent voting in New York City. I know further that there ocratic ticket. [Laughter.] was nothing but perfect co-operation on the part of the local authorities of the Mr. GRAY. '.fhe Senator from Maine knows that the opinion he has city with the Federal authorities, and an earnest desire that there should be an expressed in regard to Democrats is heartily reciprocated by Democrats honest election. with respect to Republicans. And yet in the election of 1876, about which Air. Whitney and l'ifr. Mt. FRYE. I think very likely. The devil never was fond of holy Samuel S. Cox make this statement, there were issued over fifteen hun water. [Laughter.] dred warrants and some three hundred men were arrested, and those Mr. FAULKNER. If the Senator from Maine wiH pardon me a distinguished Democrats did not see any wrong or injustice done in moment, I wish to ask him whether he regards the 600, 000 Democratic undertaking thus to purify the bailot box. majority in this country as composed of the class of men that he de I was led to digress from what IwassayingbythesneeratMr. Daven scribes, whether the 600,000 majority in this country are of that char· port. One of the easiest arguments in the world to make is a sneer. acter of men, as recently shown by the last election? Mr. McPHERSON. Will t~e Senat.-Or please explain, if I do not in Mr. FRYE. Why, Mr. President, there were a good many hundred terrupt him, the necessity for fifteen hundred warrants to arrest three thousand in the gentleman's country that were not permitted to vote hundred people? at all. You could offset that 600, 000 majority almost with your colored Mr. FRYE. They issued the wnrrants, but did not arrest all the vote in the South, if they were permitted to vote, who would have persons, for, very likely, many of them stnid away from the polls. voted the Republican ticket. If this was a false registration they were notified that if they went to Mr. MORGAN. If the Senator from Maine will allow me, I wish the polls and voted on those papers they would be arrested, and there to ask if he has been informed or if he has heard at the last election fore they did not go to the polls. That is what Mr. Cox says: that of any interference with voting on the part of Republicans or Dem they would not risk going to the polls. ocrats anywhere in the South at any place. If so, I want the name of Mr. McPHERSON. If! understood correctly, those warrants were the place. issued against those parties who held so-called illegal registration papers. Mr. FRYE. I shall perhaps accommodate the Sena tor from Alabama Mr. FRYE. Of course mistakes were liable to be made. a few days later on; Mr. MORGAN. Those were what were called the 1868 warrants? Mr. MORGAN. I hope you will. Mr. FRYE. Ye8. . Mr. FRYE. When I do so, I trust I shall be able to say something Mr. MORGAN. Are they not the same warrants Judge Blatchford about the elections in the South within the last few years. I am talk· said were unlawful? ing now about an election in New York, and was only led to talk about 334 CONGRESSIONAL RECORD-SENATE~ DECEMBER 11,

it by the Senator from Virginia [Mr. DANIEL] connecting me. indis- Mr. GRAY. I hope the Senator from Maine will indorse all the solublywith the report ~aid to have been made by Mr. Lynde. of Wis- editorial of the New York Times, as well as tbat part of it. consin. . · Mr. FRYE. No, I would not. I should regard myself as prepared Mr. MORGAN. . I understood, if the Senator will allow me, that to be committed to an insane usylµm if I should do so. [Laughter.] he JY..'1.S speaking·about the election in November last. Was the·Sena- Here is a later item I want to put into th~ case, because it will be tor speaking of the last election when he said we were suppressing found on examination that it can not be contradicted. votes? • The increase of the votes annually in New York City up to 1868 . Ur. FRYE. I have no sort of questio]l thnt you have supptessed was 4! per cent.; in 1868, 49! per cent.; theratioof votes to population them every year since 1875. up to 1860 was 1 to 8.41, and in 1868 1 to 4. 65. · Mr. MORGAN. It requires more than the Senator's mere statement Mr. President, this may seem a bit remote from the question which to prove tha~ they have been suppressed. I deny it. is under discussion, and yet it is not. The attempt, as I understand Mr. FRYE. I donotknowthat therehasbeenaninvestigationsince it, now before the Senate is to extend the law on the statute book the last election. practically, re-enforced and strengthened 'by other provisions, to the Mr. MORGAN. I denytbat therehasbeenanyinformation brought whole country, to see to it that registration is honest and that voting is here from authentic sources or published in any newspaper of sup- free and fair; and yet when it is proven beyond peradventure that that pressfon or the attempt at suppression of the colored vote in the South Isupervision and enforcement of law have made New York a. city to in November last. · day whose. people boast of the fairness of its elections as compared with Mr. FRYE. The Senator will not get me into a discussion of the those of other cities of the United States, and agree that it is due to Sou them question at this hour of the day. When I discuss that, I the supervision which is now exercised under the law, the proposition propose to start in the morning. [Laughter.] is to be contested to the bitter end, and I have no doubt that Tammany Mr. FAULKNER. I desire to ask the Senator from Maine a ques- triumphant just now will demand the repeal of existing law, and I tion, as he alludes specially to my section of the country, and in doing have no dc;mbt that Democracy triumphant will make haste to repeal / ; that I suppose he intended to allude to my State, and to claim that it, as it undertook to do in 1878. ;I had occasion to say then, and I fraudulent votes were cat1t there. I assume that the Senator from Maine think the remarks can be repeated now in conclusion without any has seen the disclosure made by the New York World in reference to impropriety whatever, that they are as applicable to the contest now the attempt by Republican national leaders in co-operation with some Iwaged in this Senate~ they were to the attempt then made, this: of the leading Republicans of my own State to colonize the State of What a spectacle dowe behold to-day: a union between the Confederate De· WestVirgillia in order to change its political sentiment, and not for the mocracy of~he South and this Tammany Democracy or. the North I llavethey purp. ose of building up its prospen"ty developing its material wealth forgotten history and that it rep. eats itse.lf? They have worked toge.ther .be- • . . . ' . . ' Ifore, worked for slavery and against the rights of man, worked for a despottSm or that they should identify their rnterests with the mterests of the and against a republic.1 the one finally made a mad attempt to destroy the Gov- _. Sta.te, and who, under such circumstances, would become good and law- ernment, tbe other cheered it on; the one fought for years to achieve its terri abiding citizens, but these negroes were to be brought from North Caro- ble purpose. !Jie other sympathized, but, cowardlike, dar~d not help. The one · th h · . · l sowed the wmd and reaped the whirlwmd ! the other crmged and shlvered be-. lina for no other purpose .?-n to c ange its po1 Itica status. fore the blast. The one mourned over blasted hopes, broken families, ruined I suppose the Senator from !t!aine is also aware, fully aware,. of the fortunes, and a devastated country; the other lamented only the loss of polit . fact that it was charged upon the stump throughout that State during ical power. An_d nowonce more they clasp hands. The Confedei:acydeip~ds · · h · · l l l f h · that all protection to the voter shall be withdrawn; that no civil or military t h e las~ campaign that t e ongma etters, no~ oµ Y o t. e natio~~l otijcer shall, with armed men, secure to the trembling black citizen his·right Republican leaders, but also the letters of certain Repubhcan poht1- ~o the ballot; that kukl~ an';'l white-leaguers sh~ll reorga.;niz~; that scourg cians of the State we!'e in the possession of the Democratic speakers mgs, beatings, and a.ssassmations shall go unwh1pped of Justice; and Ta.m- . h S d h sh · many as before shouts "Amen a.nd amen." who we~e. canvassrng t e tat-e, an . t ey wer~ _own whenever their Tammany deml\nds that "thieves, vagabonds, gamblers, tramps, loafers, a.nd authenticity was challenged. It strikes me, Sll', it does not come very bad citizens" shall again control elections in the city of New York; that cor well from the Senator from Maine to speak of fraudulent votes in my ru~t j!1~ges, false witness.es. a~d perjured applicants shall again swell their . . der th · ta · majorities; that false registration, repeating, simulating voters, and ma.nipu- Sta t e or sect Ion un . ese c1rcums · nces. . latiog votes shall once more overcome the will of the people. a.nd t.he Oonfed- Mr. FRYE. . That lS the State where the governot two years ago Ill Cr!'Jote De~ocracy shout back their a.men. Tog~ther they demand the:t their making out a certificate of election to a Democrat by the name of Lee, wicked will shall pre~n or the Armfc eha.ll be scarved !'lld all the functions of was it not, or Atkinson? · . ~:c:°ur::;enJ iS:~~lve~;hge Jle~~~~~~e.: fi~~~~~:!:, ~~!:r~:~~~: m~~= d~~ Mr. FAULKNER. ALDEil.SON was elected by 5,.000 majonty. gerous shores, and has found safety from them all. The Great Pilot is at her Mr. FRYE. I am not talking of this last year, but I am talking helm,and.fr~ghtec"! as sheis with the hopes of ma.n,all the powers of darkness about two years ago. He changed the record because he said "twe" can not prevail aga.mst her• .was "tw.lve" and not "two." Mr. BUTLER. What does the Senator read from? Mr. FAULKNER. If the Senator will permit, I will state that in l\fr. FRYE. My own speech. the case of Jackson-to which he is alluding-the election law in our Mr. BUTLER. Ah! [Laughter.] State not permitting the governor to exercise any judicial function as Mr. FRYE. Made when I was said to h::i.vo joined in the Lynde · to theretnrns, he can only tabulate the vote, and the question for him report. to decide was whetbert under the returns from the counties, as I under- Mr. BUTLER. That was twenty years ap:o, was it not? stood it, "twe" stood for so many hundred and two or so many hun- Mr. BLAIR. I wish simply to observe, when we orators speak, see dred and twelve. He decided that it stood for so many hundred and what audiences we have. [Laughter]. twelve, and under that construction of the returns he granted the cer- l\1r. DANIEL. Mr. President, I should like to ask the Senator from tiiicate to ?.Ir. Jackson, and the people of that district have ratified his Maine a question before I comment upon his remarks, as I have not had act by increasing the majority in that district over 1,000 votes. the opportunity to examine all the papers to which he has referred in Mr. FRYE. The:figureswereallright,weretheynot? nutnever making them, and that is this: Mr. Whitney, in his testimony, WM .mind; I will not go into Southern elections this afternoon. referring to the services of :?.Ir. Davenport. Was not that at the time Mr. FAULKNER. I do not know whether they were or not; but Mr. Davenport and his parcy were associated with Democrats in the the Senator ought to be lawyer enough to know that when figures and reform movement in New York? writing conflict the writing is always aecepted in preference to the Mr. FRYE. I do notknow. IknowtheyhadacommitteeofDemo- 1 , flgures. crats who joi:t;1ed with a committee of Republicans, and many of thrn;e ~Ir. FRYE. ?rir. President, on this matter of domiciliary visits, cases were brought before that committee for investigation. I a1m not touching which the Senator from Delaware mn.de such an affecting very familiar with New York politics, except as! have been led to it speech, I desire to read from a good Democratic newspaper, one of the by investigation. It was in the Tilden campaign, I think. beat I know of in Democracy-- Mr. DANIEL. Mr. President, the Senator from Maine notified me Mr. GRAY. What is thnt? two days ago that he expected to reply to certain allegations and Mr. FRYE. Not good in tho sense that a saint is good. It is the charges which I had mnde against the United States supervisor of elec New York Times. In commenting on the speech made by the Senator tions in New York. I have waited for the Senator to reply to those from Delaware, it says: · charges, but as yet I have not heard the reply. It has been for us, of late years, a somewhat rare pleasure to agree with Sen Mr. FRYE. Will the Senator pardon me? ator EDMUNDS in regard ~o ev~n the minor features of a. partisan measure. 'Ve Mr. DA.NIEL. Of course. are bound to say that m hlS defense of what Mr. GRAY calls "domiciliary Mr. FRYE. The Senator is entirely mistaken as to what I said. I visits" under the election bill we think th at the Vermont Senator showed more sense and courage than hill fellow-Senators on the Republican side. There snid the Senator alluded to a report made in the House by Mr. Lynde, is no good reason why a registry of voters should not be verified by house ~Ir. FORNEY, and Mr. FRYE, and I said that I would reply so far n8 to-house inquiry by authorized officers. It isl inueed, the only adequate means that report was concerned. That was what I said. of detecting the form of fraud consisting of talse registration, impersonating a legal voter, a.nd colonization. And where there is a likelihood of resistance Mr. DANIEL. You have no reply to make at this time against there.is no reason why such officerS"should not be "armed." those charges? Sena.tor GRAY'S pa.ssionate prayer that he might be at home if his residence Mr. FRYE. I have not read the charges. I only heard in part - were thus visited sounded like bravery. But under the laws or New York. if l\Ir. GRAY were a rMident oftliis city and there was reason to suspecL that some what the Senati;>r said. one had registered from his house who "vas not entitled to do so, he would cer-' Mr. DANIEL. I very well appreciate the fact that while the Sena tainly receive a "domiciliary visit;" he might have one under the present Fed tor wa.s making a great ado about his name as associated with that re eral law from a United States maTSha.l, the officer might be armed, and the Sen ator, i~ he were too unruly, mip:ht be arrested. The trouble with the force bill port and.would go on to speak of things to which I had not alluded, is not-m the powers conferred in this respect, but in much graver things. he would appear to have the effect of answering the allegation which I ,

j 1890. CONGRESSIONAL RECORD-SENATE. 335 made. His plea to-day has been a plea in confession and avoidance. So I think while the Senator is looking around for those who lose Familiar as he was with the testimony when it was ta.ken, present their balance a little when they come to consider partisan matters, he with and associated with the committee which took it down, familiar should at least put himself i.n the front of them an,d acknowledge that with all the records of the case which have been produced in so many no one is more apt to be open to such suggest!o~ than himself. documentary evidences thereof, eager, desirous, anxious to defend John Mr. President, I will cross-examine the Senator in an argumen~tive I. Davenport before the Senate and the American people, the Senator way, if he will permit m~, and I will at least produce the evidences of has bad two days to ruminate over the charges which I made and now my charges again before the Senate, that there may be no mistake as comes into the United States Senate and says that he has no response to what I a1Ieged and that there may be no mistake as to the evidences to them. upon which I relied. The Senator was a member of this committee. He thinks the charge that 10,000 American citizens were illegally I do not suppose that he will deny the authenticity of Mr. Davenport's arrested is too small a thing to deserve the attention of one who has letter to the Attorney-General, which isadducedhere, the authenticity had a contemporaneous association with the investigation. His only of the Attorney-General's reply, the veracity of the second letter of response is that if he had his way he would associate a bayonet with the Attorney-General, or the third letter from the Attorney-General, or every ballot, and see to it that the suffrages of freemen were deposited the letter of General Stewart L. Woodford, the district attorney of New at the muzzle of the gun. That is the Senator's conception of a Re York, and I do not suppose that he will deny the authenticity of any public, a bayonet and a ballot side by side. I have merely to say in of these documents which I have produced here or that those reports reply that that was not the conception of a Republic by its founders of the circuit court of New York made by Judge Blatchford are erro and is not the conception of a Republic by the American people to-day. neous or not to be relied on. If the Senator does not deny any of the Mr. FRYE. Mr. President, the Senator must do me the justice to statements contained in these docnm~nts, I should be gratified if he report me correctly. would call my attention to any error which they contain, for it is upon .Mr. DANIEL. I will endeavor to do so. this documentary evidence in the main-- Mr. FRYE. I said if it was necessary to secure a free ballot. ~Ir. FRYE. This all appeared in the e•iden~ unquestionably. Mr. DANIEL. There is much virtue in "if." This bill bas got a Mr. DANIEL. Very well. Then the Senator acknowled!!es that bayonet with each voter, if the supervisors of election choose to put this tes timny which I have adduced here appeared before the com it there, because it provides that the United States marshal and the mittee and that these documents are authentic records of the fact. Let supervisor may together appoint as many deputy marshals as they not the Senate and let not th~ public be beguiled to believe that the please for each precinct in the United States; and as they are officers of issues which have been made here upon this authentic testimony hav:-e the law who may properly be armed, it is left practically with the any relation further than mere historical connection with the facts and marshal of the United States and the chief su;>ervisors of election to circumstances which the Senator has recited. Everyone knows that put around each precinct a military force and to have the elections of frauds are liable to happen in a great and populous city of over a mil this people under duress. licn inhabitants. Mr. President, as I understand the Senator's remarks to-day, they Everyone knows that every good citizen in this land and every honest are simplv those of a nice, technical lawyer, who comments upon the man wishes to see them put down; and those that are familiar with name which I gave the paper I read. What he has said in reply does the history of the matter further know that both parties in New York not in the slightest degree alter or change any allegation which I made did combine to put them down! and that the credit of this reform does or which is supported by the authorities I cited. not rest with Mr. John L Davenport; but with those honest citizens of Here is a document which I find in the archives of our Government, that great city and State, both Democratic and Republican, who took headed: this matter in their hands to punish the guilty and to protect the in l\Ir. Lynde, from the Committee on the Judiciary. submitted the following nocent; and the clear, distinct charge which I make against this man, report. who remains to-day supervisor of the United States, is that he has The Senator not only testifies to the truth of that allegation, but prostituted and debased the machinery ofjnstice and has shown him says that Mr. Lynde 0 informed him before he submitted the report and self a conscienceless tymnt ar..d despot in putting in jail and under ar that it was made with his own personal cognizance. The fact that the rest thousands upon thousands of America~ citizens when he had no report was recommitted does not alter the fact that it was a report. It evidence of their guilt and when they were promptly discharged when was a report when it was made, and I have never contended that it had their cases were heard. behind it the sanction of any other than the names of the gentlemen Sir, is it so slight a matter to arrest a citizen, to tear him away who made it, nor ha-ve I attempted to accord to it any significance ex from his home, to inr.arcerate him, to strip him of his liberty, to cept that which its intrinsic statements import. hold him up to pubUc obloquy, that as yet not a single Senator on the l\fr. President, I do not understand the Senator to deny-indeed, he other side of the House has arisen to condemn it, and everyone who has so completely and utterly confessed it that it seems useless for me bas alluded to it has alluded to it with compliment to the despot and to detain the Senate to reiterate the facts-that this same man who is with apologetic histories thrown around him in his defense? to-day a superrisor of the United States caused the arrest of nearly Here is this record, not only the record of Mr. Lynde, of Wiscon ten thousand American citizens upon charges, not for the purpose of sin and Mr. FORNEY, of Alabama, but here are the solemn judicial being prosecuted to conviction, bnt for the purpose of constraining and records of the Government of the United States, the decisions made 1y operating as a menace upon their conduct and to extort from them nat· one who to-day fills the exalted function of judge of the Supreme uralization papers to which their title in the la.w was absolutl'ly con· Court of the United States, under reports which he himself edited, in :firmed. which it appears that this man John I. Davenport, in the city of New If I could have fancied that there was anything in this report that York in open day caused warrants of arrest against American citizens a Senator could not rely upon and prop,erly produce before his col to be issued upon the merest, slightest suspicion, in order, not to pun lea~ues, I was thrown entirely off my guard by the credentials of in ish them for any crime they had .committed, but in order to compel troduction with which this report came to me from the Senator from them to eurrender into his hands the naturalization papers which the Maine himself. I read on the second page of the testimony taken be courts of the country had given them. fore the Committee on the Judiciary the language of that Senator when · Here is the solemn adjudication of that judge that Davenport had no be was present with bis associates, and i't reads thus: right to issue such instructions. Here is the-solemn adjudication that On this ~ommittee o.re two members of the Democratic party and one ot the he bad no right to confine these prisoners. Here is the solemn ndjudi Republican party. I wiU say this for the Democrats on this committee tllo.t I cation that these were not fraudulent naturalization papers which they have perfect and implicit confidence in them and their fairness. held, but papers to which they were entitled and in which they should When, therefore, sir, I find a report with the signature of two gen· have been defended by the supervisor instead of his becoming a party tlemen introduced to me by the Senator from Maine, who tells me that to rob and despoil them of them. . he bas perfect faith in their character and commends them to the Mr. President, that is the whole of my allegn.tion, that a supervisor world as worthy of confidence, he is the last person who I should con of the United States did cause the arrest of thousands of American cit ceive would arise in his seat either to cast any insinuation against the izens who did not hold frau.dulent naturalization papers, and that be committee or . the letters of credential which he l!imself had given. holds his office to-day, and, if I Iflay judge from recent reports which We should be cautious hereafter, Mr. President, in receiving recom come to us from New York, even while his past misconduct is being mendations from the Senator from Maine, if he is so prompt to go back · exhibited to the Senate here, he has been recently engaged in the same upon the testimony that he has given as to the fairness and character despicable and base transactions. I read from the New York Sun of De of those whom be presented to the public as worthy of confidence. cember 10, 1890. This is no ancient matter of ten or twenty years ago. But I will do him the justice to say that I do not think yet be has in· It is a matter.which is transpiring now. The UnitecIStates grandjury tended to or does mean to insinuate that there is any false statement presents his drag-net election methods. It is headed: in that report or to withdraw the recommendation which he gave to DAVE~PORT CATCHES IT. its authors. If he means to do so, he should act with his accustomed manliness and say so, and not leave it to innuendo and insinuation I read from this journal: The United States grand jury administered a stinging rebuke yesterday to and surmise. I read a little further from the Senator from Maine: John I. Davenport and his man DeueL The grand Jury haYe been for several Now, as a member of the Republican party, and not necessarily as such par days considering the complaints of illegal registration that were the outcome tlculnrly friendly to Mr. Davenport, although I lui.ve no doubt he has done the of all of the outrageous arrests ma.de at the instance of Davenport on the eve of Republican party of New York a. groat deal of good and ·has done the Demo the last general election. Deuel proved a ready assistant to Davenport, and his cratic party of New York: some considerable harm, I have no wfoh in relatiori autocratic conduct, sitting a.s a. United States commisf!ioner, in holdinir men on tn this matter at all. filmsy evidence to answer on the day after election, so as to prevent them from 336 OONGRESSIONA:L RECORD-SENATE. DECEMBER 11,

voting, has been the basis of formal charges against him to the judges of the they gave us, .have time and again been dragged from their homes, have United States circuit court. . .After all thecostlyfu~smade by Davenport and Deuel, and the" five thousand been terrorized, have been bulldozed, and had their naturalization pa warrants"- pers, which were dearly legal and sustained by the courts, torn from ! pause that some comprehension of that .a umber may enter into the their hands, and that the .American Senate, or at least one side of it, minds ofthose who are defending these assaults upon American citizens has produced no man to protest against the offense or to denounce the fi ve thousand warrants, only twelve complaints were submitted to the grand offender, jury. In nine of these cases th*' evidence was .so utterly insufficient that the HOUSE BILL 0 REFERRED. complaints were p~omptly dismissed. The bill (H. R. 10862) to prevent counterfeiting .or manufacture of Mr. GR.A:Y. What was the number of warrants, may I ask? · dies, tools, or other implements used in counterfeiting, and providing Mr. DANIEL. Five thousand. penalties therefor was read twice by its title, and referred to the Com Upon three complaints indictments were found. These three cases, it is said, mittee on the Judiciary. would nave been dismissed had it not been for some supplementary :work in the way of gathering additional testimony done Jn the United States district at EXECUTIVE COMMUNICATION. torney's office. Davenport's deputies. it appears, simply went to the houses from which they suspected that men had registered illegally and asked anybo

CHIEF OF DURE.AU Oll' CONSTRUCTION AND REPAIR, N.A.VY. SEC. 3. That whenever the location of said bank shall have been changed from the city of Fort Benton to the city of Great Fa.Us in accordance with the first Naval Constructor Theodore D. Wilson, United States Navy, to be section of this act, its name shall be changed to the North western National Bank chief of the Bureau of Construction and Repair and chief constructor of Great Falls, if the board of directors of said bank shall accept the new name by resolution of the board and cause a c~;;>Y of such resolution, duly authenti- of the Navy, in the Department of the Navy, with the relative rank of cated, to be filed with the Comptroller of the Currency. . commodore, from December 15, 1890, when his present term expires Sxc. 4. That all the debtS, demands, liabilities, rights, privileges, and powers by limitation. of the First National Bank of FOTt Benton shall devolve upon the Northwest ern National Bank of Great Falls whenever such change of name is effected. :SEC. 5. '!'bat this a.ct shall take effect and be in force from and after its passage. CONFIRM.ATIO NS. M.r. DORSEY. l\Ir. Speaker, I ask for the present consideration of E xecuti·ve nominations confirmed by tlie Senate December 11, 1890. this bill. The Committee on Banking and Currency have reported a similar bill, which is on the House Calendar, and I am authorized by E:YVOY EXTRAORDINARY AND l\IINISTER PLENIPOTENTIARY, the committee to call up this bill from the Speaker's table and to ask RomualdoPacheco, of California, to be envoy extraordinary and min for its present consideration. isterplenipotentiary of the United States to the Central American States. Mr. KILGORE. Mr. Speaker, I would like to ask if the Treasury UNITED STATES CONSUL. officials have not the authority to do everything that ought to be done in the matter. ' Leon Wacongne, a citizen of France, to be consul of the United States Mr. DORSEY. No, sir; permission is asked to remove the bank ten at Cayenne. miles, which is outside of the limits allowed by the Treasury officials. UNITED ST.A.TES ATTORNEY. The bill was ordered to a third· reading; and it was accordingly read Charles A. Garter, of California, to be attorney of the nited S.tates the third time, and passed. , for the northern district of California. Mr. DORSEY moved to reconsider the vote by which the bill, was ,, SURVEYOR OF CUSTOllIS. passed; and also moved that the motion to reconsider be laid on the John .A. Bassarear, of New York, to be surveyor of customs for the ' tablhe. t t" d t port ofGreennort in the State of New York. T e 1a t~r mo ion was agree o., . . . - · ' By unammous consent, House bill (H. R. 12228) was ordered to he COLLECTOR OF CUSTOMS. on the table. James Taylor, of Massachusetts, to be collector of customs· for the CIIARLES N. l<'ELTOX. district of New Bedford, in the State of Massachusetts. McKENNA. Mr. Speaker, I ask unanimous consent for the POSTl\IASTERS. !\Ir. present consideration of the bill which I send to the Clerk's desk. Mary A. McKenzie, to be postmaster at .Albina, in the county of The Clerk read as follows: Multnomah and State of Oregon. , A bill (R.R. G293) for the relief of Charles N. Felton, formerly 88sistant treasurer Charles E. Baldwin, to be postmaster at Columbia, in the county of of tile United States at San Francisco, Cal. Brown and State of South Dakota. Be it enacted, etc., That t·he sum of $10,030 be, and the same is hereby, appro Benjamin B. Peal"ce, to be postmaster at Manasquan, in the connty priated, ont of any money in the Treasury not otherwise appropriated, to reim burse Charles N. Felton, formerly assistant treasurer of the United States at of Monmouth and State of New Jersey. San Francisco, Cal.. for losses incurred by him in payment of forged United Thomas H. Leggett, to be postmaster at Merced, in the county of States art. the opera.lions of discount and deposit of said bank shall becarricd on in the city of Great Falls. ' Mr. HOLMAN. There is an amendment to the House bill. I 8Ec. 2. That nothing in this act contained shall be· so construed as in any would like to know if that ha.s been incorporated in the Senate bill. manner to release the said bank from any liability or affect any action or pro .Mr. l\:lcKENN.A. The Honse bill was amended to correspond with ceeding in law in which the said bank may be a party or interested. And when such cllange shall have been determined upon as aforesaid, notice thereof and tho ~enate bill. The t.wo bills are identically the same. of such change shall be published in two weekly papers in the city of Fort Ben The bill was ordered to a third reading; and was accordingly read ton not less tha.n four weeks. the third time, and paS.3ed. XXII--22 338 CONGRESSIONAL RECORD-HOUSE. DECE1'IBER 11,

Mr. McKENNA moved to reconsider the vote by which the bill was Formet.alliccarriages for field-gun batteries, $61,000. For carriages for field-mortars of 3.G-inch caliber, 33,760, passed; and also moved to lay the motion to reconsider on the table. For carriages for siege-rifles of 5-incb caliber, $30,000. The latter motion was agreed to. For carriages for siege-howitzers of 7-inch caliber, 535,000. By unanimous consent, the corresponding House bill (H. R. 6293) For alteration of existing carriages for 10-inch and 15-inch smooth-bore guns to adapt them to present service condit.ions, $.50 000. was ordered to lie on the table. For ·machines, and for impro>ement of existing1 plant at the Watertown Mr. PAYSON. I ask the regular order. arsenal, l\lassachusetts, for the manufacture of seacoast gun-carriages, includ inu: those of new design, $27,000. ORDER OF BUSINESS. Por sights and implements for guns and for fuses, $6,000. For machinery and tools for the manufacture of fuses at Frankford arsenal, Mr. BREWER. Mr. Speaker, I rise for the purpose of moving that Pennsylvania, $8,500. the House resolve itself into the Committee of the Whole on the state For inspecting instruments, gauges, and templets, for the manufacture of of the Union for the purpose of considering appropriation bills. cannon, ts,000. For powders for issues to tho service, namely: For siege-guns; for seacoast Mr. PAYSON. Mr. Speaker, l hope that will not be done. I desire mortars of 12-inch ca.liber, for seacoast high-power steel guns; in all, $40,000. to call up business under the special order. For projectiles for issues to the serrice, namely: For steel shell or shrapnel Mr. ENLOE. Mr. Speaker-- for field guns; for cast-iron projectiles for field and siege guns; for cast-iron projectiles for seacoast mortars of 12-inch caliber; for cast-iron projectiles for The SPEAKER. For what purpose does the gentleman from Ten seacoast high-power steel guns; in all, $>3,000. nessee rise? For steel shell for siege and seacoast cannon, $15,000. Mr. ENLOE. I would like to ask the gentleman from Michigan to For purchase and erection of steel plates for representative experiments upon armored decks, $12,000. withhold his motion for a minute.· I wish to secure a change of refer For steel armor-piercing projectiles for seacoast guns,$100,0CO. ence in a bill that I think has been ipiproperly referred, to transfer it For purchase and erection of armor plate for testing armor-piercing project iles. $24,000. from the Union Calendar to the House Calendar. F01: testing one seacoast breech-loading rifled mortnr, steel, of 12-inch caliber, The SPEAKER. After the business of the appropriation bill is con $15,000. cluded the House will resume business at the morning hour. For current expenses and maintenance of the ordnance proving-ground, Mr. ENLOE. The House will resume business in the morning Sandy Hook, New Jersey, including general repairs, alterations, and accessories, and includingacrane, incidental to testing and proving ordnance, including hire hour'l of assistants for ordnance board, skilled mechanical labor, purclui.se of instru· The SPEAKER. It would recur to that business. The gentleman men ls and other supplies, building and repairing butts and targets, clearing and grading ranges, and extend.In~ iron tramway, $38,400; for the necessary ex will have his opportunity then as now. Whatever rights he now has penses of ordnance officers while temporarily employed at the proving ground he will then have. and absent from theh' J>Toper stations, at the rate of $2.50 per diem while so em· Mr. ENLOE. Very well. I was aware that in the morning hour ployed, and for the compensation of draughtsmen while employed in the Army I would not have the right. ordnance bureau on ordnance construction, as provided in the fortification act approved September 22, 1888, Sil,500; in all, $17,900. The SPEAKER. The gentleman would not have the right then, For purchase of hoisting engine, and steam shovel for grading, and for build but he can call the matter up before the morning hour begins. The ing and repairing proof butts at the proving-ground, Sandy Hook, New Jersey, $3 800. gentleman from llichigan [:l'tfr. BREWER] moves that the House re For purchase of oil-tempered and annealed steel for high-power coast-defense soive itself into the Committee of the Whole House on the state of the guns·of 8, 10, and 12 inch caliber, In quality and dimensions conforming to speci Union for the purpose of considering appropriation bills. As many as fications, subject to inspection at each stage of the manufacture, and including all the parts of each caliber, $1,000,000. are in favor will say ay. For carriages for steel breech-loading seacoast guns, procured under the The question was taken; and the Speaker announced that the ayes fortification act of September 22, 1888, $100,000. seemed to have it. For two gun-carriages of the disappearing type, $56,500, together with the sum of $13,500 appropriated for one lO·inch disappearing gun-carriage by the act of Mr. PAYSON. Division. l\Iarch2, 1889, which sum is hereby reappropriated for the object herein men The House divided; and there were-ayes 43, noes 39. tioned. Accordingly the House resolved itself into the Committee of the Army gun factory, Watervliet arsenal, 'Vest Troy, N. Y.: For boring lathe and planer adapted to the manufo.cture of siege-guns and howitzers in small Whole House on the state of the Union for the purpose of considering gun-shop at the army gun factory, tti,100. appropriation bills, with Mr. BURl?.OWS in the ~hair. To complete army gu.n fo.ctory building at Watervliet arsenal, West Troy, N. Y., by the erection of south wing,inclusiveofwaysfortravelingcranes,$218,743. FORTIFICATION APPROPRIATION BILL. For machinery, tools, power plant, and fixtures adapted to the manufacture The CHAIR~fAN. The House is in Committee of the Whole House of steel seacoast guns, to complete the equipment of the south wing of army gun factory at 'Vatervliet arsenal, 'Vest Troy, N, Y., $-168,000. on the state of the Union for the purpose of considering appropriation For iron framework, with adjustable platforms and centers for fitting up bills. shrinkage pit and for dp\inage of shrinkage pit at army gun factory, $14,000 . .Mr. BREWER. Mr. Chairman, I ask to take up for consideration For locomotive and ca.rs or trucks for shifting guns and material, and trans portation between gun factory and river wharf, 59,000. the bill (H. R. 12499) making appropriations for fortifications. For increase of facilities at 'Vatervliet arsenal for shipment by water, includ The CHAIRMAN. The Clerk will read the title of the bill. ing repairs to wharf, dredging, and extending and setting up fifty-ton hand The Clerk read as follows: power loading crane, SG,500. Board of Ordnance and Fortification: To enable the board to make all need A bill (H. R. 12-199) making appropriations for fort.i..fica.tions and other works ful and proper purchases, experiments, and test.~ to ascertain, with a. view to of defense, for the armament thereof, for the procurement of heavy ordnance their utilization by the Government, the most effective guns, small arms, car for lrial and service, and for other purposes. tridges, projectiles, fuses, explosives, torpedoes, armor pla.1.es, and other imple ments and engines of war, and to purchase, or ca.use to be manufactured under Mr. BREWER. I ask unanimous consent that the first reading of authority of the Secretary of 'Var such guns, carriages, armor plates, and other the bill be dispensed with. war materials and artiided for be, and the Amount in this bill...... 4, 478, 803 same are hereby, appropriated, out of any moneys in the Treasury not other wise appropriated, to be available until expended, namely: · .Mr. BREWER. .Mr. Chairman, I will state that, so far as I am Preservation and repair of fortifications: For the protection, preservation, aware, there is no desire for any general debate on this bill. I simply and repair of fortifications for which there may be no special appropriation available, $80,.000. desire to state that the amount of the estimates on which the bill is For preparation of plans for fortifications, $.5,000. based was $7,484,323. The amount carried by the bill is $4,478,803, For protection of the shore at Fort Monroe, Va., 827,000. being a decrease from the estimates of $3,005,520. Artesian w ell at Fort Monroe, Va..: For obtainin1: water for the garrison, $10.000. I desire that the bill may be considered by sections, and if any ex· To1pedoes for harbor defense: For the purchase of submarine mines and plana.tion is desired as we pass along, I will try to make it. I may necessary appliances to operate them for closing the channels leading to our state right here tlint so far as the committee is concerned there is no principal seaports, $100,000. . For needful casemates and cable galleries, to render it possible to operate difference of sentiment in the minds of any of the members. submarine mines, $100,000. The CHAIRriIAN. If there be no objection, all general debate on For construction of a. wharf, a keeper's dwelling, and for a water supplv for this bill will now be considered as closed. the torpedo station at Yerba Buena. Island, California, $16 000. · Gun and mortar batteries: For construction of gun and mortar batteries for Mr. IIOLMAN. I hope- the report will be read. defense of Boston Harbor, New York Harbor, San Francisco IIarbor, Hampton Mr. BREWER. I hope my friend from Indiana will not ask for Roads, and 'Vashlngton, ~1,000,000. that. If the report is read it will consume the day. The report is Sites for fortifications and seacoast defenses: For the procurement of land, or right pertaining thereto, needed for the site, location, construction, or prosecu quite lengthy. tion o( works for fortifications and coast defenses, $500,000, or so much thereof The CHAIRMAN. The gentleman from Michigan states that the as may be necessary. reading of the report will consume the entire day. For the f911owing, to be expended under the direct supervision of the Board cf Ordnance and Fortification, created by thefortiflca.tion appropriation act ap Mr. HOLMAN. Mr. Chairman, it will hardly occupy the day. There pro\"'ed September 22, 1888, and in the manner prescribed by said act, namely: are only about ten pages in it. Armament of fortifications: For the manufacture (finishing and assembling) Mr. McRAE. Mr. Chairman, I make ihe point of order that the gen of 8-inch1 10-inch,and 12-inchsteel seacoast guns from forgings procured under fortification act of September 22, 1888, $70 000. tleman from Indiana bas no right to demand the reading of the report. For steel field-guns of 3.~inch caliber, $25,ooo. The CHAIRMAN. The report can only be read if the gentleman 1890. CONGRESSIONAL RECORD-HOUSE. 339

from 1\fichigan gives his consent during his time. It can be read if the the amount paid for day labor to the employes of the Goverr.µnent Printing Office who were exclusively employed on the night forces of said office during gentleman from Indiana gets the fl.oor and asks that it be read in his the first session of the Fifty-firtJ.>l"?Priation for l?a~es of absence ...... ~ ...... _ ...... - 95, 000. 00 many under the pretense of public danger. · Deficiency appropnat1on, l\Iarch 30, 1888...... 108, 000. 00 All thatican do, sir, issimplytoenter myprotestagainstthisexpendi Receipts from sales of waste paper, etc...... 163, 956.0:? ture of public money for a-purpose not demandeil by the public safety. Total ...... -...... 2, 393, 956.02 The CHAillMAN. The question is on the motion of the gentleman from Michigan [Mr. BREWER] that this bill be. laid aside to be re First half fiscal year 1887-'88: Regular appropriation...... 1, 013, 000. 00 ported to the House with the recommendation that it do pass. Appropriation for leaves of absence .... .-...... 47, 500. 00 The motion was agreed to. Receipts from sales of waste paper, etc ...... •...... ··-···--·... 27,272. 99 DElHCIENCY FOR PUBLIC PRINTINGr Total...... : ...... _...... 1, 087, 772. 99 ~fr. HENDERSON, of Iowa. M:r. Chairman, I call up the bill (H. Public printing and binding, 18S8-'89: R. 12498) to supply a deficiency in the appropriation for public print Regular appropriation .•., ...... , ...... 2, 067, 000. ()() ing and binding for the first half of the fiscal year 1891, and for other Appropriation for regular leaYeB of absence ...... 190,000.00 Appropriation for pro-ratalen.ves of absence ...... 15,000.00 purposes. Deficiency appropriations: . The bill was read, as follows: December 22, 1B88 ...... - ••..• _ •.•••...... • ' 63,000.00 Be it enactecl, etc., That the following sums, or so much thereof as may be l\Iarch 2, 1889 ...... - ...... 130,530.18 necessary, be, and the same are hereby, appropriated, out of any money in the Receipts from sales o!waste paper, etc ...... H8,728.55 Treasury not otherwise appropriated, namely: ----- runLic PRINTING AND nrnDL'l'G. Total ...... •...... 2, 614, 258. 73 T~ supply a deficiency for the first half of the fiscal year ending June 30, lS!Jl, First half of fiscal year 1888-'89: in the appropriation for the public printing, for the public binding, and for pa :i;tegular appropriation ...... - ...... 1. 033, 500. ()() per for the public p .. inling, including t.he cost of printing the debates, the pro Appropriation fo1· regular leaves of absence ...... 95,000.00 ceedings of Congress in the CONGRESSIONAL RECORD, and for lithographing, Approprint.ion for pro-rata leaves of absence ...... 7,500.00 mapping, and engraving for both Houses of Congress, including the salaries or Deficiency appropriation December·22, 1888 ••...•..•.•..••••• ~···· •.•••• 63,000.00 compensation of all necessary clerks or employes for labor (by the day, piece, Receipts from sales of waste paper...... 37, 977. 94 or contract), anrl for all the necessary materials which may be needed in the ----- prosecution of the work, $369,000. Total...... 1,236,977.94 To supply a deficiency in the appropriation to pay 20 per cent. in addition to 340 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11,

Public printing and binding, 1889-'90: this, with the length of the session and the large increase of business, is Regull\r appropriation ...... $2, 013, 000. 00 the cause of the deficiency. This statement in brief covers the items, Appropriation for regular leaves of absence...... 190, 000. 00 Appropriation for pro-rata leaves of absence...... 15, 000. 00 which are explained more in detail in the report which I have filed. Deficiency appropriations...... 462, 000. 00 Now, I understand that my colleague on Lhe subcommittee, the gen Receipts from sales of waste paper, etc...... 315, 720. 76 tleman from Georgia [Mr. CLEMENTS], desires to submit some remarks. Tota.I...... 2, 995, 620. 76 The following are the letters of the Clerk of the House referred to to by Mr. HENDERSON: First ho.If of fiscal year 1889-'90 : 1,006, 500. 00 CLERK'S OFFICE, IlOUSE OF REPRESENTATIVES, Regular appropriation ...... Washington, D. C., December 9, 1890. Appropriation for regular leaves of absence ...... 95, 000.00 Appropriation forpro-ra.ta leavesof absence ...... 7,500.00 Sm: I request an appropriation of the following sums for the service of tho Deficiency appropriation ...... 150, 000. 00 present fiscal year: Receipts from sales of wast~ paper, etc...... 40,000.00 For salaries of officers and employes ...... ~3, 830. 57 Total ...... : ...... 1,299,000.00 ~~!~°a°oeJ~·ii:::::~::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::'.::·.::::·:.:::'.:::::::: 2, ~~: ~ l'iliscellaneous items...... 2..'l, 000. 00 Public printing and binding, 1890-'91: Regular appropriation ...... 2, 013, 000. 00 61,470.57 Appropriation for regull\r leaves of absence ...... 150,000.00 15,000.00 The first-named appropriation is required because of the payments made at Appropriation for pro-rata leaves of absence ...... the first session of this Congress down to October 1 to officers andemployes, Appropriation for new body-type ...... 100,000.00 partly out of funds intended for the second session of this Congress. Appropriation for new presses ...... 20,000.00 The fuel and oil is due to the necessary purchase of 500 more tons of coal, re Receipts from sales of waste paper, etc., to November 30, 1890 .. . 77, 326. 57 quired to run the electrical apparatus. ----- '£he miscellaneous appropriation is asked for by reason of bills already made Total...... 2, 375, 326. 57 against it ($12,159.59), and of those which may reasonably be expected between this and the close of the fiscal year. First half of fiscal year 1890-'91: Very respectfully, Regular appropriation ...... 1, 006, 500. 00 EDWD. l\IcPHERSON. 75,000.00 Appropriation for regular leaves of absence ...... Hon. J. G. CANNON, Appropriation for pro-re.ta leaves of absence...... 7,501.00 Chairmr the current fiscal year $2,375,000, to which it is now proposed to 1887 ...... 2, 434., 653. 68 1890...... 2, 779, 751. 54 add this deficiency of $369, 000. We are also informed, though not in 1888 ...... 2,427,047.41 1891.. ..: ... ······· ...... 3, 021, 531.12 an official manner, that for the last half of this fiscal year there will be required another deficiency apprdpria.Lion of $350,000, the amount The Public Printer stated to the committee that the work of the Government in this bill for deficiencies being only for the first six months of the Printing Office is now more nearly up to date than ever before. fiscal year ending December 31. The CONGRESSIONAL RECORD of the 111.st session of Congress embraced 1,352 more pages than the RECORD of the corresponding long session of the preceding Mr. SAYERS. What will that make the total appropriations for Coni;n-ess. this purpose for the present year? The reserve work of the first session of this Congress numbers 37 more vol Mr. CLEMENTS. The total will be about $3,057,000. umes of a.bout 1,000 pages ea.ch than the reserve work of the first session of the Fiftieth Congress. Mr. HENDERSON, of Iowa. If my colleague from Georgia. [Mr. Bills rendered for work done for the Departments from July 1 to November CLEMENTS] will permit me, I will answer tha.t question. 30, 1890, show an increase of $54,874.48 over the work done during the corre Mr. CLEMENTS. Certainly; I will yield to the gentleman to ex- sponding period in 1889. The foregoing and other reasons account for the deficiency which bas oc ~~~ . curred and for the apparent increase in the cost of printing and binding for the Mr. HENDERSON, of Iowa. With the estimated deficiency for the current fiscal year. last half of the fiscal year the t-Ota.l appropriation will be brought up On account of the payment of 20 per cent. additionnl to the a.mount paid for day labor to employee of the Government Printing Office exclusively employed to $3,017,000. In this connection I will add that the estimates for this on the night forces, there was appropriated in the general deficiency 11.ct of Sep current year were $3,021,531.12, so that these deficiencies will bring tember 30, 1890, the sum of $30,000, which amount was found to be insufficient the appropriations up to within $4,531.12 of the amount originally by the sum recommendeJ. in the accompanying bill, namely, Sl3,000. estimated for the year. Mr. HENDERSON, of Iowa. I also ask to have incorporat.ed two Mr. DOCKERY. Will my colleague [.M:r. CLE:IIENTS] permit a letters from the Clerk of the House of Representatives explanatory of question? the deficiency in the House. A brief explanation in regard to the mat Mr. CLEMENTS. Certainly. ter wm enlighten the committee as to the neces.sity for it. The appro Mr. DOCKERY. It is in the line of the suggestions of the gentle priation which was made to cover the expenses of this short session man from Texas [Mr. SAYEBS]. I notice that the estimates of the was exhausted by reason of the extension of the long session, so that Public Printer for the current year are $3,021,531.12. I also notice this deficiency appropriation of .something over $33, 000 is made neces that there was appropriated in the sundry civil appropriation bill, for sary. In the preceding long session, because o! the length of that ses the current fiscal year, only $2,298,0UO, thus leaving a deficiency, sion, the deficiency appropriation amounted to$45,000. Thatisa mat based on the estimates of the Public Printer, of $723,531.12. I would ter that the committee will readily understand. be glad if my colleague from Georgia [Mr. CLE.l\IENTS] or the gentle In regard to the other item of $131000 deficiency, there was appro man in charge of the bill [l\Ir. HENDERSON, of Iowa] would expfa.in priated for extrn compensation to those engaged upon the night force in why the committee refused to avpropriate $723,531.,12 .of the amount the Government Printing Office $30, 000. By reason of the long session, estimated by the Publir Printer as necessary for the fiscal year. which of course could not be anticipated, the ijmount due is $42,- Mr. CLEMENTS. The bill now pending provides only for the de 188.36. The $30,00U has been pa.id pro rata to the employes, so that ficiency which will occur during the first six months of the fiscal year, there is about 4 ·per cent., or $12,188.36, remaining due and unpaid leaving $350,000 deficiency as estimated for the last six months of the to those employes. The item of$369,000due on general account arises year. from two reasons: First, we did not appropriate quite enough; and Mr. DOCKERY. But the estimate was made at the first session of : 1890. ·CONGRESSIONAL RECORD-HOUSE. 341

this Congress and before the sundry civil bill ~as reported to the H

church and school property by the United States-Army during the late make-an appropriation certain or would be liable on the face of it to war, which is now on the Calendar of the Committee of the Whole lead to an appropriation on account of the change of the law, that was House on the state of the Union, but wbich I think properly l?elongs not within the view of the rulings which have kept such cases from to the House CalendaL- the Committee of the Whole. If the gentleman from Tennessee will If the Chair will indulge me for a moment I will call attention t.o examine carefully the provisions of this bill he will see that it is based the lang~ge of the rule be::U"in}( upon the question. upon the idea that some approp.riation,is to be made and that some }.fr. PAYSON. I rise to a parliamentary inquiry. I desire to know thing is to be found due. . If be will look at the last clause of the last if this matter is privileged. sentence of the first sect~on he will see that it says: The SPEAKER. The Chair is in doubt with regard to it. When he sha.11 have determined upon such investigation the proper amount to - Mr. PAYSON. I have no objection to its consideration, of course, be paid in each case. provfded it does not result in a prolonged debate. Which is an implication, and more tha:n an implication, that an Mr. ENLOE. I think it will not resq.lt in any considerable debate. amount is ito be paid. _ I see no occasion for prolonged debate upon the question presented. It seems to the Chair, upon investigation, that this matter properly Mr. PAYSON. With the assurance of the gentleman that he will belonged to the Committee of the Whole Honse on the state of the withdraw it in the event of its occupying much time-- Union. Mr~ ENLOE. If it leads to extended debate I will withdraw the l\Ir. ENLOE. If the Chair will indulge me one moment I will call proposition and introduce it at some other time. attention to the fact that the ln.nguage to which the Chair refers, in The provision of the rule, l\Ir. Speaker, Ilule XIII, clause 2, is in the latter part of section 1, is copied verbatim from the 4th of July the following words: claims act, and that it does not follow as a matter of course that an 2. All reports of committees, except as provided in clause 51 of Rule XI, to· a'{)propriation shall be m:i.de where the Quartermaster General certifies gether with the views of the minority, shall be delivered to the Clerk for print that he finds such an amount to be due. It is stiU a matter of discre ing and reference to the proper Calendar under the -direction of the Speaker, in accordance with the foregoing clause, and the titles or subjects thereof shall tion with the House as to whether or not the appropriation shall be be-entered on the Journal and printed in the RECORD. made. The SPEAKER. But the operation-has the gentleman from Ten- This bill was placed on the Union Calendar. This is the Calendar to nessee finished? . which bills are referred for raising revenue, bills which involve a charge Mr. ENLOE. I know of no other observation to make with refer or tax upon the Treasury, and bills appropriating the money or prop ence to the matter, except that I was under the impression that bills of erty of the United States either directly or indirectly. It is technically th-is character bad heretofore during this Congress been placed upon the Calendar of the Committee of the Whole House on the state of the the House Calendar. . I am not positive that I am right about it. Union. This bill is_not of either of those classes. It is of the class The SPEAKER. But the operation of the 4th of July claims act, mentioned in the second clau.ae of the rule for reference t.o the House so called, was to create an obligation on the part of the Government Calendar. It is a bill ofa public character, anditdoesnotappropriate to make an appropriation, and bas always been so treated by Con the.money or property'of the Government directly or indirectly; and gress; and the Chair thinks that if this does not make an appropriation I call the attention of the Speaker to the bill and the rules.. and does not require a payment without an appropriation, it creates_ The bill provides that the Quartermaster-General shall proceed to in something in the nature of an obligation of that kind. That was the vestigate cln.ims of the character mentioned and shall take the same motirn that determmed the Cha.ir in thinking this ought~ go t.o the course in regard to such claims as he now pursues in the investigation Committee of the Whole House on the state of the Union. At the and disposition of claims arising under what is known as the "4th same time the Chair st.ates that it is one of those cases that are on the of July act." That portion of the language of this bill which directs border line. The b~st judgment, however, that the Chair can give is the course these claims shall take was copied from the 4th of July that it belongs to the Committee of the Whole. act. It makes provision for a report by the Secretary of War to the l\Ir. ENLOE. Will the Chair be willing to let the House pass upon Third Auditor of the Treasury of such sums as may be due, and the the matter of the change of reference? Third Auditor of the Treasury then certifies the claim to Congress for Tbe SPEAKER. It could only be done by unanimous consent. The an appropriation. It does not make an' appropriationeitherdiiectlyor Chair would not like to establish a precedent of that kind. It is not indirectly. Under the provisions of the bill, after the investigation a matter exactlv within the will of the Chair. It would have t.o be by shall have been made as to the amounts claimed -to be due for use and unanimous consent, the Chair thinks; otherwise we might have con- occupation of church ancl school property, the amount ascertained to fusion in the business of the House. · be due in each case shall be reported to the Third Auditor by the Quar Mr. ENLOE. Then I ask unanimous consent that it may take that termaster-General, and the Third Auditor shall forward the same to conrSe; that it may be submitted to the House. Congress to deal with as it may see proper. Congress may make the Mr. ROWELL. I object. appropriation or decline to make it. Mr. PAYSON. Regular order. I think this is a change of reference whicb the Speaker might make The SPEAKER. Objection is made. The morning hour begins at without consulting the House. Ile has jnrisdiction and control of the 1 o'clock and 15 minutes p. m. matter of reference, although, doubtless, in many cases these references Mr. PAYSON. I ask unanimous consenttodispe:::.se with the morn- are made by .the Clerk; without consultation with the Speaker. This ing hour. · change of reference should te made. The Committee on War Claims The SPEAKER The gentleman from Illinois asks unanimous con has acted upon this bill on the supposition that it bad been referred sent to dispense with the rooming hour. to the appropriate calendar, and directed it to be ta~en up in the morn Mr. CULBERSON, of Texas. Mr. Speaker, I will have to object to ing hour. Yesterday morning my friend from Kentucky [It,fr. STOXE], that. · while I was out of the House, tried tocallitup. Itwasthen·ascertained The SPEAKER. The -gentleman from Texas objects. The morn that it was on the wrong calendar and was not technically in order ing hour begins at 1 o'clock and 15 minutes and the call rests with under the rules. I had ascertained that fact before, and had· a conver the Committee on War Claims. · sation with the Speaker upon the subject. I hope the change of refer ence will be made. SECTION 5515, REVISED STATUTES. The SPEAKER. The impression of the present occupant of the The Committee on the Judiciary having been called, chair is that under the rule the reference to either the Committee of l\1r. EZRA B. TAYLOR said: Mr. Speaker, I call up the bill (H. Il. the Whole House on the state of the Union or to the House Calendar 8796) amending and re-enacting section 5515 of the Revised Statutes, is a subject within the decision of the Spealter. At any rate there relating to the misconduct of officers of election and custodians of bal seems t.o be no provision of t1le rule, at least none has been pointed lots, where members of Congress are elected. out, by which the matter can be treated in any other way. I appre The Clerk read as follows: ' hend that when the rules were made the idea prevalent was that the Be it enacterl, etc. That in line 1 of section 5:515 of the Revised Statulcs, matter was simple enough not to call for the interposition of the House. after the word "elect-ion " the following shall be inserted, viz: "Or any other person lmving care or cuatody of the ballots or returns of an election." Also in This, however, is one of t'!:J.ose bills which are on the border line, line 10 of said· section after the word "Delegnte," insert the following, viz: but to which the Chair-his attention having been especially called to "Or who shall alter su'ch returns, or erase the name of any: candidate for Rop it by the Clerk-gave some examination at the time. There is a rul rcsentati>e or Delegate in Congress from any of the ballots in his possession or ing which was made by Ur. Speaker Randall which in terms might custody, or in any way a.Iler ~r deface the same, with the intent t~ caffect any such election 1" so that tbe sect10n as a.mended shall read: be considered as broad enough to cover this case. The Chair thinks "SEc. 5515. E>ery officer of an election, or any other person hn>ing care or though, if it iSexamined in connection with the particular case to which custody of the ballots or returns of an election at which any Representative or Delegate in Congress is voted for, whether such officer of election be appointed it referred, that it will be foand not to cover this particular case. or created by or under any law or authority of the United States or by or under - There have been other rulings upon the subject by other Speakers any State, Territorial, district, or municipal lnw or authority, who neglects or as well as by the present occupant of the chair, to the effect that wher refuses to perform any duty in regard to such election required of him 1?Y any law of the United States or of any State or Territory thereof; or who v10)a.tes ever it was proposed to refer a matter to determine whether anything any duty so impvsey law respecting the election of.any such these paper& to do that; and it .is still only supervisory and confers no Representative or Del.egate; or who neglec~s or refuses-to· make and ret!llll U . d S - such certilfca.te as req_uu:ed.by law; or. who aids, aounsels, procures, or adv:1ses further power upon the Government of- the mte tates m any way, any voter, person, or officer to do any-act by-this-or any of the pTeceding sec- except that it.punishes a messenger who carries or a. custodian of the tions made a crime, or to omit to do any duty the om,ssion of which is by t.bis returns for erasing a name. or changing the returns. There is no stat- or any of such sections made a crime, or attempts to do "so, shall be punished' as . prescribed in.section.5511." , ute now malting t.hat an oftense, but this amendmentmakes it a crime. Mr. EZRA B. TAYLOR_ Mr. :;peaker, I would: like to have tlie. l\rr. .BRECKINRIDGE, of Arkansas. Now, as I understand the report read.. present la.wit applies to those· who are the legal custodians; but if by The report (by Mr. EZRA B. TAYLOR) was read,. as follows:. an inadvertence or from any cause any other persons should be the The Committee on the. Judiciary, to whom was referred the bill (H.R.Si'.!l6) · custodian, then your prol!osition'is made to make there!]_uirements proposing ~n amendme.nt to section 5515 o.r_the Re~sed Statutes ?f the United ap_ply· to those persons. States, relating-to the misconduct of officers of election.anacustotiians of baUots l\fr. EZRA B. TAYLOR. That is all. when members of Congressareelected, have had: the same under consideration Mr. BRECKINRIDGE: of Arkansas. It does not look-. to gfvfng and'. beg leave.to reP.ort in favor ?fits p~sage. _ The committee is impressed with.tile importance of this amendment to the Federal control over the evidence of elections. · Revised Statutes. An investigation of said section will show-that, while the Mr. EZRA. B. TAYLOR. Not a particle. statute is Qarefully framed and provides adequate penalties for all o:ftenses 1\..f" VAUX W'll th tl f Ob" tat h th ''- k against the full and free exercise of the elective franchise when. members of J.ur. .11 • l e gen eman rom 10 s e w e er lu ma. es - Congresaare elected, from the time the ballot is placed in the hand of the votel' any new crime? up to the time when the election oflicenrmake the fin11.l count, sign the.returns, l\fr. EZRA B. TAYLOR. It makes it a crime for a man who is the certify to the same, place the ballots in sealed nackages, and return them to the a· f th tu t · It th th clerks of.courts or other custodians provided under State law,, yet iii rs strange. custo ian O e re rns On. er em or erase e names. to say that no provision or penalty is provided in said section 5515, or in any Mr. VAUX.. Are there any acts now made crimes that were- not othei:section of the Revised Statutes of the United States, for any post-eleqtion crimes prior to the passage of this 'statute? · fraud or-violat.ion that.might be committed by either the party who transmits l\fr. EZRA B. TAYLOR. That was not made a- crime before. A the.returns oCan election precinct to the proper-custodian of the same-under state.law, or by the custodian of the same, whose duty it is·to preserve the bal- man might take the returns and strike out your name and put my lots and returns and prevent them from being altered, changed, or in any way name in. and there was-no statute providing punishment for such an disturbed sons to affect-the result of an election of a member of Congress. fii This proposed amendment simply provides a penalty for a.ny o.nd.ailpersons O ense. having the custody of ballots and returns after an election has been held who Mr. VAUX. This provides for the punishment of a new crime by a shall alter such returns, or erase the-name of any-candidate lor Representative new punishment. Something should be done to prevent fraud. [Cries orDelegate in Congress- from any of the ballots·in his custody, or in any w~y of" Vote !"J. alter or d.eface the same with the-intent to affect the resultof'any such election. The object of the amendment is to prevent post-election frauds, which, under The bill was ordered to be engrossed for a third reading; and. being existing law, may be committed at will, and the United States-is· powerless to engrossed, it was accordingly read the third time, and passed. prosecute any violator or. protect the rights of her citizens who may be can- Mr. EZRA B. TAYLOR moved to reconsider the vote by which tlie didatesi'or Congress. The penalties prescribed for this a.mendment are the same that'are provided bill was passed, nnd also moved that the motion. to reconsider be laid in section 5511 for all offenses against the election francliise when.membe1·s or on the table. Congress are elected.. , Th ,_ tt · d t The committee report the bill. back to the House with the recomi:µendation e J.a er motion was agree o. tliatit"pass. . REMOV.A:L OF 0AUSES FROl\r STATE COURTS •. Mr. EZRA B. TAYLOR. Mr. Speaker, tliis bill simply supp~es an l\fr. EZRA B. TAYLOR. r now call up for. consideration tlie bill omission which, it is strange to say, exists in the statute; and. it is (H. R. 11179) to amend an actrentitleQ ''An act providlng for. the re unanimously reported from the Judiciary Committee. No one can ex-- movaf of causes from State courts,· and for other purposes," and yield amiue the statute-without seeing the necessity for this action. I have to the gentleman from Iowa. [l\fr. REED]. · ' , ' nothing more to say, Mr. Speaker. The bill was read, as follows: ' _ Mr. BRECKINRIDGE, of. Arkansas. M~ Speaker-- Be it enacted, etc., Thll.t section 2' of n.n act entitled " An act providing for The SPEAKER. Does the gentleman from Ohio yield? the removal of causes from the State cou.rtsr and for other purposes," be so J\fr. EZRA B. TAYLOR~ Certafuly: aw ended as· to read-as follows: Mr. BRECKINRIDGE,, of'Arkansas. I wish. ask the gentleman "SEO. 2. Thatany suit of a civil nature, at raw or in equity, arising unlferthe to. Constitution or laws of the United States, or treaties made, or which. shall be from Ohio to have the section of the statutes" read to.-whichi this is an made, under their authority, of which the circuit courts orthe United States are _ amendment.. . given original jurisdiction by the preceding section, which may now be pend Mr. EZRA B. TAYLOR. I have tlie section here before me. I ing, or which.ma-y hereafter be brought, in any State court, may be.removed wm by the defendant or defendants therein to the circuit court of the United States have it read. from. the Clank's; desk. It is section 5515-of the· Revised for·the proper district. Any other suit of' a~ civil nature, at law or in equicy, Stn.tutes. .As it stands now; that section makes no provision for the of which the circuit courts of the United States are given jurisdiction by the punishment of any post-election fraud. preceding section, and which are now pending, or which. may hereafter be brough1l, in any State court, may be-removed into-the-circuit court of the United The Clerk read as :(ollows: States for-the proper district by tht),defendantor defendants therein being non SEC. 5515. Every oflice.r.otan election.at which any RepresentativeorDelegate residents of that State. And when in any suit mentioned in this section there in Congress is voted for, whether such officer of election be appointed or cre shall be a controversy which is wholly between citizens of different Statesrand ated by or. under any law or authority of the United States, or by or-under any which can be fully determined ~~between them, then either one or more of State, Territorial, district, or municipal law or authority, who neglects or re the defendants actua·lly fnterested' in such controversy may remove said suit fuses to perform any duty in regard to such.eiectiorrrequi-red of him by any law of. into the circuit court of the 1:)'.nited.States for the proper district by first giving tlie.United States, or of any State or Territory thereof; or who violates any duty so to tile-opposite party, or his attorney or record, five days' notice of the inten imposed; or who knowingly-does any-acts: thereby unauthorized, with intent tion to make-application for the removal of said cause; and either party shall to affect any such election, or the result thereof; or wlio fraudulentry makes have the right, after said application is made, to file a transcript of the rec any false certificate of the result of such election in rc~rd to such Representa ord of such causes in the o:filce of the clerk of the proper United States court, tive or Delegate; or who withholds, conceals, or destroys any certificate-of rec· and thereupon said United States court shall proceed'm the usual way as now ord so required by law respecting-the election of any such Representative or provided by law to the proper disposition of said cuuse. And where a suit is Delegate; or who neglects or.refuses-to make and return such certificate as-re now pending, or may be hereafter brought, in any State court, in which there quired by law; or who a.ids, counsels, procures, or advises· any voter, person, is· a controversy between a citizen-of the State in which the suit fs brought and a or officer to d'o any act. by this or any of the preceding s.ectionsrmade a crime, or citizen ofanother State, where the matterin dispute exceeds, exclusive of interest to omit to do any duty the omission.of which.is by this or any of such sections and costs, the sum or value of $2;000, any defendant, being such citizen of another made a crime; or a.ttempts to do so, sha.ILbe punished as- prescribed in section State, may remove such suit into the circuit court of: the United States for tiie 551L proper-district;, at any time before-the trial thereof, when it shall be ms.de.to ap pear to snid circuit court tliat from prejudice or localinfluence he will not be :M'r. BRECKINRIDGE, of Arkansas. M:r. Speaker; of course it is . able to obtain justice in sucll- State court, or-in any other State court, to .which quite difficult to catch the meaning and make a careful comparison of the said defendant may, under the laws of the State, have the right, on account the original text and the bill when hastily read. The impression is of such prejudice or local influence, to remove said cause: Provided:,, That if it further appear that said suit can be. fully and justly determined as to the other made upon my mind that the amendment proposed by the gentleman defencfantsin the State court, without being affected by such prejudice or local from Ohio looks to an official of the Federal Government having ch:JJ"ge' influence, and that no party to the suit will be prejudiced by a separation of the of the evidence of elections. Now, so far as Federal participation iu parties, said circuit court may direct the suit.to be remanded, so fo.r as relates to such other defendants, to the State court, to be proceeded with therein. elections has gone thus far it has been super.v:isory, and not in the way "At any time before the trial of any suit which is now pending in any circuit of control. This seems to take an additional step, and I will be glad court, or may-hereafter be entered therein, and which has been removed-to said if the gentleman will point out specifically the change proposed to be court from a. State court on the a.flidavit of any party plaintiff that he had rea son to belfeve and did believe tbat, from prejudice or local influence, he was un made by this amendment. able to obtain justice in said State court, the circuit court shall, on application Mr. EZRA B. TAYLOR. If the gentleman remembers the rending of the other party,examine into the trut;h of said affidavit and the grounds of eection 5515 ot the Revised Statutes nnd will turn to the first sec thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such State court, it shall cause the same to tion of this bill he will find that it provides: be remanded thereto. That in line I of section 5515 of the--Rerised Statutes, after the word·" election," "Whenever any cause sha.11 be removed from any State court into any cir· the following shall be inserted, namely: "Or any other person having care or cuit court of the United States, and the circuit court shall decide that the cause custody of the ballots or returns of an election." was improperly-removed, and order the same-to be remanded to the State court It be seen that the section as.it exists now d·oes not reach that from whence it came, such remand shall be immediately carried into execution, will and no appeal or writ." , · far, and that is the substantive part of the amendment. Also in line 10 of said section, aft.er the word "Delegate," insert the follow- Mr. REED, of Iowa. Task that the Clerk read the report. ing; namely: "Or who. shall alter such !eturns, or erase the name of any CR!J.· Mr. EZRA_ B. TAYLOR. l\Iake an explanation of the bill instead d!date for ~eprescntativc or pelegate m Congress from any of tha.ballots.m of having the report read. his possession or custody, or in.any way alter or. deface the same with the in- I 1\.lf"- REED c-r 1\f S k th b'll t ak · tent to atrect any such election." - .1.tu. , O.t owa. .1.t r. .I>ea er, e l proposes o m e two 344 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11,

amendments to the existing statutes for the removal of causes from a entitled to a warrant to enter such house, store, building, boat, or other place, in the daytime only, and there to search forsuchcounterfeitmoney, obligations, State to a Federal court. The first amendment proposed requires that or other securities, dies, molds, plates, or implements, and, if any such be found, a party applying for n. change or removal must give his adversary five to seize and secure the same, and all such counterfeit money, obligations, or days' notice of his purpose to apply. The other amendment provides other securUies, dies, molds, plates, or implements so seized shall be forfeited that, where jurisdiction is conferred on the Federal courts by the citi to the United States. · zenship of the parties alone, in order for a party to secure the removal Mr. IlUCHANAN, of New Jersey. Mr. Speaker, the report in this of the case the amount in controversy must exceed $2,000. case is quite lengthy and, with the consent of the House, I will make Mr. BUCHANAN, of New Jersey. Then the bill restricts rather a short statement instead of having it read and will· ask that the re than -enlarges jurisdiction? port be printed at length in the RECORD. This bill is designed to l\Ir. REED, of Iowa. It does. [Cries of "Vote!" "Vote!"] remedy n defect which has been found to exist in the statutes of the The bill was ordered to be engrossed for a third reading; and being United States-with reference to the making of counterfeit money. engrossed, it was accordingly read the third time, and passed. Whilst we have statutes which make it an offense to counterfeit the Mr. REED, of Iowa, moved to reconsider the vote by which the bill coin of the United States or to counterfeit the greenbacks and other was passed; and also moved that th-e motion to reconsider be laid on obligations of the United Smtes or to make the dies or plates from the table. which securities and obligations are printed, there is no smtute which The latter motion was agreed to. makes it acrimeto make the dies or moldsbywhichcounterfeitcoin are COUNTERFEIT DIES. to be made, and this bill, divested ofitsnecessaryverbiage,simplypro vides that one who makes the molds or dies for the purpose of making Mr. EZRA B. TAYLOR. I now call up for consideration the bill counterfeit coin shall be held tohavetherebycommittedamisdemeanor. (II. R. 10862) to prevent counterfeiting or manufacture of dies, tools, It also provides against the counterfeiting in this country of foreign or other implements used in counterfeiting, and providing penalties coin, and it provides further that the peace officers shall have the right therefor, and yield to my colleague on the committee [Mr. BcJCHAN AN, of New Jersey]. to issue search warrantsand search for such dies and molds. That is Mr. BUCHANAN, of New Jersey. Mr. Speaker, this bill is quite the substance of the biU in a few words, and if no gentleman desires to a lengthy one. The committee have unanimously reported a substi be heard upon it I will ask for a vote upon the committee amendment tute for the bill, and as the substitute will have to be voted upon, I which is in the nature of a substitute. ask unanimous consent that the reading of the original bill be omitted The report (by Mr. BUCHANAN, of New Jersey) is as follows: and that the substitute be read. The Committee on the Judiciary, to whom was referred the bill (ll. R.10862) to prevent counterfeiting or manufacture of dies, tools, or other implements The SPEAKER. Is there objection to the request of the gentleman used in counterfeiting, and providing penalties tberef~r, submit the following from New Jersey? report: . . Mr. OATES. I would like to hear what the bill is first. Section 3708 of the Revised Statutes of the United States provides a penalty for imitating any "bond, certificate of indebtedness, certificate of de~osit, cou Mr. EZRA B. TAYLOR. The committee have reported a substi pon, United States note, Treasury note, fractional note, or other obligation or tute, and instead of reading the bill request is made that the substi- security of the United States." tute be read. · Section 5188 makes it unlawful to imitate national-bank currency. Section 5454 forbids the counterfeiting of gold or silver coin of the United :Mr. BUCHANAN, of New Jersey. It is the counterfeit-die bill. · States, or such gold or dilver coin of other countries "which by law is, or here- · The SPEAKER. Is there objection to the request of the gentleman after may be, current in the United States, or a1·e in actual use and circulation from New Jersey that the reading of the original bill be omitted and as money within tb..e United States." Section 5458 forbids the counterfeiting·of the minor coinage of the United that the substitute be read? [After a pause.] The· Chair hears none States mints. and it is so ordered. Sections 5-159 and 5-160 provide against the mutilation and debasement of gold The Clerk read as follows: and silTer coin. · Section 5461 forbids making or altering coins intended for the u1:1e and pur Be it enacted, etc., That any person· who, withJn the United States or any Ter pose of current money, "whether in the resemblance of coins of the United ritory thereof, makes any die, hub, or mold,eitherofsteel or plaster, or any other States, or of foreign countries, or of original design." substance whatsoever in likeness or similitude,a.s to the design or the inscrip Section 5462 forbids the making, issuing, or passing, or causing to be made, tion thereon, of any die, hub, or mold designated for the coining or making of issued, or passed, any coin, card, token, or device in metal or its compound, the genuine gold, silver, nickel, bronze, or copper coins of the . United States intended to be used as money for any one-cent, two-cent, three-cent, or five that have been or hereafter may be coined at the mints of the United States, or cent piece, or for coins of equal value. who willingly aids or assists in the ma.king of any such die, hub, or mold, or It will be seen that these sections provide fully against the making, issuing, any part thereof, or who causes or procures to be made any such die, hub, or or passing of counterfeit gold or silver coin of our mints, or used here as money, mold, or any part thereofhwithoutauthorityfrom theSecretaryoftheTreasury of any minor or subsitiiary coin of our mints, of any Treasury notes, or other of the United States or ot er proper officer, or who has in his possession any obligations of the ·united States, and of our national-bank notes. such die, hub, or mold with intent to fraudulently use the same, or who permits The statutes have gone further. Section 5431 forbids keeping in possession the same to be used for the counterfeiting of any of the coins of the United or concealing, with intent to defraud, publish, sell, or pass, any counterfeited or States as above described shall, upon conviction thereof in any circuit or dis altered obligation or other security of the United States. Section 5-134 forl>ids trict court of the United States, be punished JJy a fine of not more than $5,000 buying, selling, exchanging, transferring, receiving, or delivering any false, and by imprisonment at hard labor not more than ten years, or both, at the dis- forged, counterfeited, or altered obligation or other security of the United cretion of the court. - States, or national-bank note with intent that the same shall be used as true SEO. 2. That every person who, within the United States or any Territory and genuine. · thereof, without lawful authority, makes, or willingly aids or assists in making, Statutes have also been passed forbidding the making "upon lead, foil, wax, or causes or procures to be made any die, hub, or mold, either of steel or of plas plaster,,aper, or any other substance or material, an impression, stamp, or hn ter, or of any other substance whatsoever, in the likeness or similitude, as to print o , from, or by the use of any bed plate, bed piece, die, roll, plate, seal, the design or the inscription thereon, of any die, hub, or mold designated for the type, or other tool implement, Instrument, or thing used or fitted or ~ntended coining of the genuine coin of any foreign Government, or who conceals or has to be used in printmg,1 stamping or impressing any kind or description of obli in possession any such die, bub, or mold as described above, with intent to fraud gation or other se~urlty of the United States, now aQthorized or hereafter to be ulently use the same for counterfeiting any foreign coins, or who knowingly authorized by the United States, or circulating note or evidence of debt of nny suffers the same to be fraudulently used for the counterfeiting of any foreign banking association under the laws thereof." coins,shl\ll, upon conviction in any district or circuit court of the United States It will be noticed that the words of this section are limited to implements for be punished by a. fine of not more than $2,000 or imprisonment at hard labo~ making any" obligation or other security of the United State1." not more t.han five years, or both, at the discretion of the court. CG in is not mentioned. It is well known that penal statutes are construed SEC. 3. That e•ery person who makes, or who causes or procures to be made, strictly. In 1871 one Rafael J. ·l\Ioreales l\lontenegro, a Cuban, was arrested in or who brings into the United States from any foreign country, or who has in the city of New York by the a.gen ts of the Treasury Department, upon his bring possession with intent to sell, give a.way, or in any other manner use the same ing to one of said agents, to whom be had bargained to sell it, a complete set of B!!Y business or profe~sional card, notice, placard, tok;en, device, print, or impres~ steel dies for making counterfeit f20 American gold coin. In his baggage was s10n, or any other th10g whatsoever, whether of metal or its compound or of found another set for making counterfeit 310 American gold coin. Ile was taken any other substance whatsoever in likeness or similtude, as to design, color, or before John A. Shields, esq., a United States commissioner in said city, and was the inscription thereon, of any of the coins of the United States or of foreign discha.r~ed, because the commissioner was compelled to hold that under the Governments, that have been or hereafter may be issued as money, either by wording of the statute "there is no law that this man has violated." Other an act of Congress of the United States or by the laws of any foreign Govern similar caRes have occurred. At the December term, A. D. 1885, the grand jury ment, shall. upon con•iction in any circuit or district court ot the United States, of the circuit court of the United States for the eastern district of New York be punished by a fine not to exceed 5100. made the following presentment: . SEc. 4. That all counterfeits of the obligations or other securities of the "'Ve, the grand jurors, here assembled at the December term, A. D.1885, at the United States, or counterfe it coins of the United States, or any material or ap circuit court of the United States in and for the eastern district of New York, paratus fitted and intended to be usecf, or that bas been used, in the making of having examined into the authority conferred by Congress up?n the United any such counterfeit obligations or other s ecurities or coins as above described States officials to enable them to secure evidence against persons engaged in that are found in the possession of any person without authority from the Sec~ the counterfeiting of the gold, silver, nickel, and bronze coins of the United retary of the Treasury or othcrJroper officer to have the same, shall be taken States, also of foreign coins that are or may become current within the Unitt'd possession of by any authorize ngent of the Treasury Depa rtment and for States, and also of persons engaged in the counterfeiting of the bonds, certill feited to the United States, a 11d disposed of in any manner the Secretary of the cates of indebtedness, national-bank curre~cy notes, coupons, United States Treasury may direct. notes, Treasury notes, fractional notes, ce!'hficates of deposit, billl!> checks, or SEC. 5. That if any United States di3trict attorney, assistant United States drafts for money, drawn by or upon authorized officers oft he Uni tea States, and district attorney, or other person specially authorized by either of them shall all revenue or postage stamps, or other representatives of valuet·of whatever have cause to suspect t}lat :the manufactiire of counterfeit money, or th'e con denomination, which have been or may be issued under any ac of Congress, cealment of counterfeit money, or the manufacture of dies, molds or plates o.nd also of persons enga~ed in counterfeiting the securities of foreign Govern fitted and intended to be used for the manufacture of counterfeit mo~ey of any m ents, to do which is a v1olation of the laws of the United States, find that the kind, or of the obligations or other securities, either of the United States of law as it now exists is to our minds utterlf inadequate to secure tlie results America or of a foreign country, or of.a bank doing business under authority necessary to insure a practical and thorough.prosecution of the duties assigned of a foreign Government, or of a bank or corporation doing business under au the officers that. are engaged in prosecuting t!le above-described class of crimes. thority of nny individu:\l st:J.tcs of a foreign Government, is being carried on in "Therefore, we, as a grand jury of the United States court for the eastern dis a!1Y particular dwelling-house, s~ore 1 building, boat, or ?ther place, they, or trict of New York, do earnestly recommend that the United Stat.es district at e1th~r o.f them, upon proper apphcat1on on oath to any Justice of the peace, torney for this district ha•e prepared and presented through the proper chan disfnctJudge,policejusLice, or any judge of the circuit or district court of the nel to the present Congress of the United States, now in session, a bill which United States, or any commissioner of the United States circuit court, shall be shall be in substance an act authorizing anv United States commissioner or

. \ 1890. OONGRESSIONAL REOORD-HOUSE. 345

.: judge of any United States or Territorial court to issue a search warrant to a misdemeanor, punishable with fine and..Jmprisonment, to make or pass as !search the premises occupied as a residence of any person who is believed to true and genuine anything in imitation of our coins, and this is the only thing '. be engaged in counterfeiting e.ny of the above-described coins or securities, or touching the matter; but it only applies to persons who make such with an in· 'who is believed to be concealing within the premises so occupied e.ny of the tent to pass them off as money. Persons are constantly devising imitations of counterfeit coins or securities above described, or to search any building of coins a.s a novel means of advertising their business, not only in this country, whatever kind or character where it is believed counterfeiting is carried on,or but abroad. 'recommend that the United States district attorney of this district have pre "These latter are imported in quantities. Possibly one side will be a. fac ' pared and presented to the present Congress of the United States, now in ses simile of a $5, $10, or $20 American coin. The reverse will be blank and on this ~ sion, a bill which will make it unlawful' for any person not authorized by the blank side some enterprising shopkeeper will have !.:.is business card struck. Secretary of the Treasury or other proper officer of this Government to make or These things go into circulation and soon they fall into the hands of some un aid in the making of any die or mold, either of steel or plaster or of any other scrupulous one who watches his chance with some ignorant person, often an substance wpatever. in likeness or similitude to any of the goid. sih·er, nickel, immigrant who does not speak or read our language, and upon such a person copper, or bronze coins of the United States, now in use, or that may be adopted he passes off this worthless token or business card for the full value of a coin for use hereafter, or of any of the gold, silver, nickel, copper, or bronze coins of its size and denomination. 1f the proposed law is enacted by Congress it of any foreign Government, or to have such dies or molds in possession with will prevent the tokens or cards from being made here or imported from out lawful authority from the Secretary of the Treo.sury or other proper officer abroad, and thus render it impossible for the unscrupulous to possess them ofthe Government. " selves of them." The bill proposes to make the making of such implements a crime, and pun . The same gentleman says: ishable as such. To further tiffectuate the object of the bill a section is added "People do not stop to think what they are doing, but, as our credit is all we authorizing the issue ofa search warrant authorizing the officers of the law to have and our coin and securities make our credit, they should be left severely search for and seize any such implement. alone. They should not be suftered to be used as toys and advertising cards. The law which.now stands as section 3066 of the R.evised Statutes, but passed The coins and securities were not made to be imitated for any such purposes. originally March 2, 1799, authorizes customs officials who "shall have ca.use to There was a case which came under my notice once where a pp.steboard card suspect a concealment of any merchandise in any particular dwelling house, covered with tinfoil was cut up into pieces repTesenting our 1-cent, 2-cent, 5-cent, store, building, or other place," upon application to a justice of the peace to ob 10-cent, 25-cent, 50-cent, and Sl coins in size, and steel dies were cut and the tain a warrant to enter such place in the daytime and search for the same, and, blanks were struck the same as a coin was struck in the mints of the United if found, to seize and secure such merchandise. , States, and a certain number of these imitation coins were put into a box and By section 3462 of the Revised Statutes, judges of the circuit and district courts sold for 25 cents a box a.s toys. 'Vell, it was but a short time until complaints lind United States commissioners may issue search warrants to search premises ca.me pouring in ~hat the boxes on street cars and other places were found to where there is reason to believe and where the official does believe that a fraud contain lots of the 5 and 10 cent pieces. upon the internal-revenue laws has been or is being committed upon or by the "A man would get on a car and drop the imitation nickel in the box. It use of such premises. These statutes furnish abundant precedent for the pro- looked like a nickel and could not be told unless handled. The same when posed provision. - two or three or four would get on and drop two of the 10-cent pieces, the driver - It is also found that, while our statutes forbid the counterf~iting of foreign saw the right denomination through the glass, so he pulled the string ancl it gold and silver coin when used and circulating here as money, there is none disappeared, only to turn up againEt him at the office and be deducted from his forbidding the bringing here, and selling and dealing in, counterfeited bonds day's pay. Little boys would take a 5 or 10 cent piece into a candy sto.re, hold and securities of other countries. This, all will agree, should be remedied at it in their fingers anf given them as specimens to be carried nroun~ with them to be used in their both bills, and recommend that when the bill be so amended the bill do pass. businesl:!. I believe there were three convictions and two mistrials and one The amendment presented by your committee is as follows: Strike out all man is now a fugitive from justice. This, then, establishes that many are bad. after the enacting clause and insert in lieu thereof as follows: · As to the good, I know many of them personally and I have always found them "That every person who, within the United States or any •rerritory thereof, honest and upright and always ready to furnish the Government officers with makes any die, hub, or mold, either of steel or plaster, or any other substance any valuable information they have picked up on their trips about the country. whatsoever in likeness or similitude, a.s to the design c;n· insc1iption thereon, Now, under a ruling of Ex-Attorney-General Devens, no person has any right of any die, hub. or mold designated for the coining or making of the genuine of property in counterfeit money except the United States Secret Service of the gold, silver, nickel, bronze, or copper coins of the United States that have been Treasury Department. Of course this was only a rulinit and lasted while he or hereafter may be coined at the min\,s of the United States, or who willingly was Attorney-General, and was of great service to the officers of the Treasury aids or assists in the making of any such die, hub, or mold, or any part thereof, whose duty it was to look after counterfeiters and counterfeit money. or who causes or procures to be made any such die, hub, or mold, or any part "In consequence of this ruling the men known to be canvassers and who thereof, without authority from the Secretary of the Treasury of the United were known to be carrying a.bout with them large quantities of counterfeit States or other proper officer, or who has in his possession any such die, hub, money were requested to hM·e plainly branded• counterfeit' all notes in their or mold with intent to fraudulently use the same, or who permits the same to possession and to forward a. sort of inventory (for which a blank was furnished be used for the counterfeiting of any of the coins of the United States as above de them by the Treasury officers) to the departmental chief, a.nu to aden though the agents are sure they will again be used for the same pur- shall, upon conviction in any circuit or district court of the United States, be pose. · / punished by a fine not to exceed 8100. "Now, there should be some protection for the public against such outrages. "SEC. 4. That all counterfeits of the obligations or other securities of the No honest man can be made to sutfetby t-akingfrom him counterfeit money, and United States or counterfeit coins of the United States, or any material or ap no dishonest man should be suffered to have it. You will note that section 4 paratus fitted and intended to be used, or that has been used, in the ma.king of says that_ unless h~ has it by authority of the Secretary of the Treasury, of any such counterfeit obligations or other securities or coins as above described, course any bank officer who chances to have one or more counterfeit notes or that are found in the possession of any person without authority from the Sec coins that he desires to :retain possession o( as a curiosity, can, by simply writ retary of the Treasury or other proper officer to have the same, shall be taken ing a letter, secure the Secretary's permissio~ to retain thetn, and, if such per possession of by any authorized a.gent of the Treasury Department and forfeited mission is granted, that bank officer, or whoe\•er he may be, will be careful to to the United States, and disposed of in any manner the Secretary of the Treas ·take good care that it does not go into the teller's till and be paid out to some ury may direct. innocent person. Jn fact, I doubt if such people as bank officers would ever be "SEC. 5. That if any United States district attorney, assistant United States thought of unless there be something specially to direct at.tention to them. district attorney, or other person specially authorized by either of them, shall What ls wanted is a law to take such money from those who, by their former have cause to suspect. that the manufacture of counterfeit money, or the conceal acts, have forfeited the confidence of good people. In this as in the other cases ment of counterfeit money, or the manufacture of dies. molds, or plates, fitted I could write page11 and I believe convince your committee from my own per: and intended to be used for the manufacture of counterfeit money of any kind, sona.l experience that all these proposed laws should be enacted, and at once. or of the obligations or other securities, either of the United States of America or For, I tell you, no man should be (using a slang phrase) permitted to 'monkey' of a foreign country, or of a I.Jank doing business under authority of a foreign with our coins and securities. government, or of a bank or corporation doing business under authority of any "If there is anything further I can say to a.id you I am yours to command. individual states of a foreign Government, is being carried on in any particular "Section 3708 ofthe Revised Statutes makes it an offense to imitate or to use dwelling-house, store, building, boat, or other place, they, or either of them, imitations of the obligations and secnrities of the United States. Section 5188 upon proper application on oath to any justice of the peace~istrict judge, police makes it an offense.to imitate or use imitations of na.tiona.l·bank notes, but there justice. or any judge of the circuit or district court of the united States, or any is nothing on the st.atute books making it an offense to ~ake or use as a busi commissioner of the United States circuit court, shall be entitled to a. warrant ness card anything in likeness of coins. Section 5462 makes it a.crime, or rather to enter such house, store, building, boat, or other place, in the d2:1.ytime only, 346 CONGRESSIONAL RECORD-HOUSE. DEOE}IBER 11~

nnd there to search for such counterfeit money, obligations. or other securities, Mr. CASWELL. It is likely the committee may not be called again dies, molds, plates, or implements, and, if any such be found. to seize and secure for two months, and I am afraid of losing entirely the opportunity for the same, and all such counterfeit money, obligations, or other securi•ies, dies, molds, P.la.tes, or implements so seized sha.11 be forfeited to the United States." the consideration of the bill, which, as I hav~ said, is of great impor· The title should also be amended by adding to it the words "and providing tance. . for the issue or search warrants in certain cases." Mr. CULBERSON, of Texas. I do not hear the gentleman's remarks. , The substitute was agreed to. · Mr. CASWELL. I say that this is a bill of very great importance, The bill as am.ended was ordered to be engrossed and read a third time; and that if some time within a week or ten days could be fixed for its and being engrossed, it was accordingly read the third time, and passed. consideration I would be willing that that should be done; but as I Mr. BUCHANAN, of New Jersey. Mr. Speaker, the committee. have said the committeemaynot becalledagaininthenext two months, recommend an amendment to the title, which will befonnd at the end ·and I should regret exceedingly to lose the consideration of.this bill. of the report, so as to make the title conform to the provisions of the ~r. OATES. Suppose you do go on with it in this morning hour, bill. you can not complete it, so that you will not accomplish anything: I The SPEAKER. If there be no objection, the title will be amended think you bad better withdraw it now and ask for an order fixing a as recommended by the committee. day for its consideration hereafter. There was no objection; and the bill was amended by adding to it Mr. CULBERSON, of Texas. It will come up in the next morning the words: hour. And providing for the issue or search warrants in certain cases. Mr. CASWELL. I have no objection to the bill being considered Mr. BUCIIANAN, of New Jersey, moved to reconsider the vote by to-morrow. But let us go on with it as far as we can to-day, and gen which the bill was passed; and also moved that the motion to recon· tlemen who are opposed to it can be heard to·morrow. sider be laid on the table. lt!r. V .AUX. Let me ask the gentleman from Wisconsin, does not The latter motion was agreed to. this bill confiscate private property without giving a hearing to any· LAW IN RELATIO~ TO BIGAMY. body? Mr. CASWELL. Not at all. The parties have been heard in court l-Ir. EZRA B. TAYLOR. Mr. Speaker, I now call up the bill S. and that question has been settled. 4047, and I yield to the gentleman from Wisconsin [Mr. CA.SWELL]. Ur. VAUX. The bill does not say that there shall be a hearing. The bill was read, as follows: · Mr. CASWELL. The court has already given them a hearing, and Be it enacted, etc., That any and all fnnds or other property lately belonging to or in the possession of or claimed by the corporation mentioned in section 17 of I do not know that they propose to be heard further. Now,. l\Ir. the act entitled" An act to a.mend an a.ct ent.itled ·~n act to a.mend section Speaker, I would liko to have consent to proceed with the bill. Let 5352 of the Revised Statutes or the United States, in reference to bigamy, and us go on with itto·dayand take it up again to·morrow and complete it. for other purposes,' approved Jlla.rch22, 1882," at, before, or since the taking effect of said act, except so far as it shall appear in respect thereto that there is The SPEAKER. There are about seventeen minutes of the morn a lawful private right to the contracy, shall be devoted to the use and benefit of ing hour left, under the order of the House, which provides that at public comn;ion schools in the Territocy of Utah; and the Secretacy of the In the expiration of sixty minutes of the morning hour another order shall terior shall take and receive the same and dispose thereof to the uses aforesaid in such manner as shall seem to him, with the approval of the President, to be take effect. The gentleman from Wisconsin has the floor. most expedient. And the supreme court of said Territory is hereby invested Mr. CULBERSON, of Texas. I raise the question of consideration with pow.er and authority to make all necessary and proper orders and.decrees against this bill. fort he purpose hereinbefore mentioned. The SPEAKER. It is too late. Mr. OATES. Mr. Speaker, I am under a misapprehension if this Afr. CULBERSON, of Texas. Then I move that the House adjourn. bill is ready for consideration at this time. My understanding was that :Mr. CASWELL. I yield to the gentleman from Michigan [Mr. it wu..q to lie over until the gentleman from Texas [Mr. CULBERSOY] CUTCHEON] to make a report. could have an opportunity to prepare a minority report, which I think Mr. CUTCIIEON. I desire- be has not yet done. I trust, therefore, that this bill will be with The SPEAKER. If the gentleman from Wisconsin yields, the mo· drawn ancj not pressed for consideration at this time. There is [{very tion t:> adjourn can come in,; if not, he has the floor, and the motion well-founded divergence of views in the committee with reference to will not be in order. the ~rave legal questions involved in this bill. Mr. CULBERSON, of Texas. What is t~e ruling of the Chair? Mr. CULBERSON, of Texa.c;;. Mr. Spf'aker, our understandingwa..c;; The SPEAKER. The ruling of the Chair is that the gentleman that this bill would not be called up in the morning hour. It is a very from Wisconsin has the floor. important measure, and I had permission to file a minority report, but Mr. CULBERSON, of Texas. But he has yielded. . I had not supposed that the bill would be pressed for ·consideration in The SPEAKER. Ile has only yielded the floor temporarily and for the morning hour, and therefore I have not prepared the report. I state a particular purpose. to the gentleman from Wisconsin [.Mr. CASWELL] now that the bill l\Ir. CASWELL. l\!r. Speaker, I would like to proceed with the con can not be passed within the morning hour. sideration of this bill. It is a matter of very great importance, and I Mr. CASWELL. I do not know, :Mr. Speaker, why this bill should desire the attention of the House while I make a statement. I shall not be considered in the morning hour. It was reported at the last be very brief and then will yield some time to the gentleman from sesfilon and I held back the report se.-ernl days at the suggestion of the Texas [Mr. CuLnEBSos] if he wishes to be heard. gentleman from Texas [Mr. CULBERSON] in order that he might have Those who are conversant with the discussion in 1887 of the Mormon an opportunity to prepare his minority report, but, as I understood bill known as the Tucker-Edmunds bill will remember that by the actr him, he gave up the preparation o! a report, and therefore I filed the of Congress of 1862 all corporations within the Territory of Utah were report of the committee. .As I have already said, I do not see why this restricted in the ownership of reaJ property to the amount of $50,000. bill should not be taken up in this morning hour. J know of no other But notwithstanding that restriction the Mormon Church gathered way to reach it, and it is a bill of a good deal of importance. There is into its possession, in its own name n.nd through the interposition of nearly $300,000 in the hands of tho receiver of the church corporation, trnstees, large amounts of property, both real and personal. and it should be placed where it can be of benefit to the parties in· By the act of 1887-the Tucker-Edmunds bill-the franchise was terested. abolished, and the property of that church, both real and personal, was .Mr. CULBERSON, of Texas. It is true that the gentleman did placed in the hands of a receiver. Proceedings were instituted in the withhold the report of the committee· for some days to give me an op Territorial courts of Utah by which litigation bas been had concerning portunity to file a minority report. That was in the last days of last this property. It was n11 placed in the hands of a receiver. The session, but when the session was about to closo he stated to me that church building itself has been set apart for the occupation and enjoy· he would like to file his report at that time and have it printed, and ment of the memberirnfthe 1\IormonChurch. The litigation that was that I could file mine this session, and therefore I made no objection instituted found its way to the Supreme Court of the United States; to the filing of his report. If I had bad any idea. that the bill would and that court has held that the law was constitutional and that the be rolled up in the morning hour, my report would have been ready. proceedings which have taken place were proper ancl legitimate. Mr. OATES. I will say to the gentleman from Wisconsin [Mr. CA.S The parties supposed to be interested as trustees, and referred to a WELL J that there is no disposition on my part to prevent the considera few minutes ago I suppose by the gentleman from Pennsylvania [Mr. tion of this bill; but I am taken by surprise and am not prepared for VAux], were interpleaded, setting up their rights to the property, both itjustnow. I think thegentleman would do butjustlybyus towilh real and personal, and they were hearcl. The court held that this prop· draw the bill at th.is time and seek to get consideration of it some near erty in the hands of trustees wo.s really the property of the church or· day in the future. At any time hereafter when we are notified we ganization, that it belonged to the church and came within the range of will endeavor to be prepared to discuss the measure and present our the confiscation and was properly in the hands of the receiver. So that views in regard to it. the rights of those parties have been litigated and rip~ned into judg Mr. CASWELL. .Mr. Speaker, I am told that there is great neces ments. sity for immediate action in this case. I hold in my hand a letter call· But the bill provided that the proceeds of the real estate in excess ing attention to this bill, showing the necessity for early action, but I of $50, 000 should be placed in the school fund of tho Territory of regret exceedingly to press anybody to the consideration of the bill, Utah, for the purpose of educating the children of the Territory, both and if some day could be fixed within a week or so for its consideration Mormon and other. But the bill applied only to sales of real estate, I would be perfectly willing that the arrangement should be made. not to personal property. The law placing the proceeds of the real es· Mr. OATES. We will offer no opposition to that. tate in the school fund of the Territory has been sustained; but in the 1890;' CONHRESSION AL , RECORD-HOUSE. 347.

mean time the receiver holds nearly $300,000 worth of personal prop but one, would it not under the law hi:.--ve to go to the one purpose erty; and the question nowis, what should be done with this _p&S(?nal which was legal? properly? It rests in the hands of the receiver, and eve:i;y one can see Mr. CASWELL. If it was given for sevreral and different i>nr_poses, " the importance of its early dispos'ition. This money was gathered into one of which was legal and the others ille~__, I know of rio rule, either the hands of the Mormons in aid of the Mormon Church and its pur of law or equity, which would place it all for tbe benefit of the legal pose, which the court holds to-have been anillegal purp~se. Of course purpose. : it should be the object of the courts and of Congr~ so far as possible, But, Mr. Speaker, in this case I do not believe that we need to spec to carry out the wishes of donors when they are legitimate. ulate on that point, for I do not know of any one pu.r.pose for which Mr. OATES. l would like to ask the gentleman a question at this this money was contribulied which could be regarded as legal I think point. Is not the disposition of this fund involved in .a litigation now the only object for the gathering together of the fund was·for the-pro- / pending on appeal? That is the fact, if I .am correctly informed. motion of the Mormon religion. AU agree that that was n.n illegal Mr. CASWELL. I do not so understand it. I understand that all pu.fpose, as its principal feature was the doctrine of polygamy. Now, questions as to the ownership or title to this money have been adjudi as no one will contend here for a single moment that the objects of cated ~d that the decision of.the court substantially is that it is 1't part these donations were legitimate or could possibly be construed as hav of the funds that were confiscated. ing a legitimate purpose, I ask, should not Congress take possession Mr. OATES. Under the Edmunus-Tucker law? and control of this fund? What better source can we point out for its .Mr. CASWELL. Under the Edmmids~Tuckeriaw the personal prop management than to.place it in the educational fund for the Territory? erty has been placed in the hands of a receiver without determining I am not positive as to the bearing of the decision of the court upon · what its future disposition should be. the question raised by the gentleman from Georgia [Mr. OATES]. I Mr. OATES. How can that be when that law applild only to real hope he will examme the decision, and I will myself investigate the estate and this money is the proceeds of person-alfjy? point whether the law was applicable to the personal property or not• . :M:r. -CASWELL. Well, such is the decision of th,e court. I under I understand the decision embraces and confiscates the personal prop stu.nd that the adjudication extends to personal property Jl.S well as to erty and holds that the personal property of the churcb may be dis- the realty. posed of by-Congress. · l\!r. OATES. Has the gentleman that decision at hand? \ Now, Mr. Speaker, on to-morrow, if the gentleman desires, I will Mr. CASWELL. I have not. It may be found in the last volume yield him time. o{the reports, volume 136. 1 Mr. CULBERSON. of Texas. I desire time to-morrow. Mr. OATES. Is not my friend aware of the fact that the Edmunds Mr. CASWELL. It will then be the understanding that to-morrow Tucker bill did not apply to this fund, but applied only to real estate? I will yield some portion of the time to the gentleman from Texas. Mr. CASWELL. The court holds, as I understand, that the dona How much will the gentieman want? tion was for an illegal purpose, being for the extension of the Mormon Mr. CULBERSON, of Texas. I should like to have thirty minutes. Church and its doctrines, and that the disposition of the personal prop Mr. OATES. I also want some time. erty lies with the coru:ts or with Congress. The franchise is repealed, Mr. CASWELL. I s)lould be very glad to dispose of this question the corporation is at an end, and the court holds that the personal within the morning hour if possible. , property in question was donated for illegal purposes and is now sub Mr. CULBERSON, of Texas. Then yield to me say twenty minutes. ject to the disposal of Congr«f'S. I concede a court of chancery might Mr. CASWELL. I will do that; I will yield to my friend from do this in tbe absence of legislation, 1t is the _province-of courts of ·Texas twenty minutes and ten to my friend from Alabama. chancery, when donations have been made for .an illegal purpose and Mr. OATES. Make it fifteen. the trust can not be executed, to dispose of the property by assi.b,rning Mr. CASWELL. Very well; let that be the understanding. . \ it to some legitimat.e object, and so far as possible to a worthy object. ORDER OF BUSI:NESS. Now~ it ia believed that the most proper disposition of this money The SPEAKER. Sixty minutes of the morning hour having expired, would be to place it in tile school fund, which may be regarded as a under the special order the House now proceeds to the consideration charitable purpose. As the money can not be devot.ed to the original purpose of the donors, it would appear that its most equitable dispo of -bills present.ed by the Committee on the Public Lands. sition is to place it in the common-school fund of the Territory for the ARJ\IY APPRO~RIATION BILL. purpose of educating the children of the Territory. In this way the Mr. CUTCHEON. I desire to make a privileged report for refer Mormon children may -receive a partial benefit. ence. I have thought that if a plan could be devised for devoting this fund By direction of the Committee on Military Affairs I report the bill to the care and support of the women and children belonging to the (H. R. 12573) making appropriation for the support-of the Army for the Mormon Church who have been made widows and orphans, as it were, fiscal year ending June 30, 1892, and for other purposes. by the Edmunds-Tucker law, that might l;>e a very worthy purpose. The bill was read a first and second time, referred' to the Committee But I see no way in which the fund could be so managed without sub of the Wh~le House on the state of the Union, and, with the accom jecting it to great risk of being lost and squandered. Nor do I know panying report. ordered to be printed. of any plan by which the money could 'be disposed of for the special l\fr. ROGERS. I reserve all points.of order on the bill. and exclusive benefit of persons belonging to that particular church or indulging in that particular belief. It seemed to the committee, or a SW Al\IP A~"'D OVERFLOWED LANDS. majority of the committee, that the best possible disposition of this ]fr. PAYSON, M:r. Speaker, I desire to call up for present consid fund would be to place it where the .proceeds of the real estate have eration the bill (H. R. 81) for the relief of purchasers and other gran been p1aced., in the school fund of the Territory. This certainly is a tees of the l{nited States of certain swamp and overflowed lands, and worthy object, a_nd while such disposition would not carry ont strictly to roimburse and indemnify certain States. the wishes of the donors, as this money was gathered all over the The bill was read at length. ·/ world for the purpose of aiding the Mormon Church-an illegal pur l\fr. HOLMAN. That bill provides an appropriation, and I suppose pose, and it could not be carried out-the money in,this way would will be first considered in Committee of the ·whole House on the state be devoted to the common interest-of the children of the Territory. of the Union. The Senate has passed this bill placing the property in the school Mr. PAYSON. I ask unanimous consent that it be considered in fund, where the other funds belong, and I see no reason why the fund the House as in committet>~ arising from the personal property. should be disposed of in any way Mr. HOLMAN. ThGre will be no objection to that, with the under differently from that derived from the real estate, and the committee standing that the time be not limited for debate. thought it best to let it take the same co~rse with the proceeds of the l\fr. PAYSON. Certainly not. - ' . real estate, and combine the two funds in one for school purposes. Mr. HOLMAN. And subject to amendment as in Committee of Now, I do not know what opposition there can be to this proposition, tbe Whole. unless it be claimed that the courts of the Territory might make some ?!fr. DINGLEY. I wish to make a. parliamentary inquiry before disposition of it that would confine it to the use and benefit of the consent is given. Will not that _privilege allow the previous question Mormon -Church alone or to the members of the church. · · to be or-dered? , As I have already stated it seemed to the committee almost impossi The SPEAKER. The consideration of a bill in the House as in Com ble to adopt any plan by which that could be done without a recog mittee of the Whole allows the previous question. As the Chair un- - nition of the Mormon Church itself. No one has any desire to misap derstands it the bill would receive its first reading and then be read by propriate this money. No one would desire to see it diverted, or wishes paragraphs for amendment and debate under the :five-minute rule, just to divert it, from a legitimate purpose or charitable purpose. But the as in Committee of the Whole. But the difference would be that its ·fact that it was given promiscuously by people all over the world and conside~ation in the House in that manner would allow the previous placed in the treasury of the Mormon ·Church for an illegal purpose, it. question to be ordered upon the biil or upon any pending amend- seems to me, makes it strictly proper that Congr~ should gather.up ments. . , all of these funds and place them in the treasuzy of the Territory for Mr. HOLMAN. But the gentleman says it will not be ordered until the purpose of educating the children of that Territory. there is ample debate. . · Mr. OATES. Let me ask the gentleman this question: If the fund The SPEAKER. Is there objection to the request of the gentleman was given for two or three different purposes and they-were all illegal from Illinois? , \

I I 348 CONGRESSIONAL, RECORD-HOUSE. DECEMBER 11,

Mr. DINGLEY. I object. been the source of a great deal of controversy between the States and the De. partment, a.nd also of much vexatious and expensive litigation between those Mr. PAYSON. Then I move that the Honse resolve itself into Com· claiming under the grant and those adverse to it. mittee of the Whole House on the state of the Union for the purpose On the 2lstda.y of November, 18.50, the Commissioner of the General Land Office of considering the bill the title of which has just been read. transmitted to the governors of the States interested a. circular of instructions as to the manner of proceeding under the act, with a. request that each State The motion was agreed to. elect which of the two methods it would adopt. The House accordingly resolved itself into Committee of the Whole The proposed-methods and the action of the States as stated in the report Honse on the state of the.Union, l\fr. BURROWS in the chair. (No. 347) from this committee on the bill (H. R. 6897, Fiftieth Congress) were as follows: Mr. PAYSON. This bill has just been read at length to the House, "l. The field notes of Government survey to be ta.ken as the basis for selec· and I ask unaniJllOUS consent to dispense with its first formal reading. tions, and all lands shown by them to be 11wa.mp or overflowed within the Mr. McCREA.RY. I hope the gentleman will consent to the reading meaning of the act to be placed i.n the lists to be reported to the General Land Office. . of the report. "2. The States to make the selections by their own agents and 'at their !tfr. PAYSON. That will be read during the debate. ~~~rc~;!h:~~~~:ort the same to the surveyor-general with proof of the char· Mr. McCREARY. If the gentleman will consent to the reading of "The act approved March 12, 1860, extended the grant of September 2S. 1850, the report I will not insist upon the reading of the bill. I ask that it to the States of Minnesota and Oregon. California., by the act a.pprove'I'! July be read now. 23, 1866 was granted the same character of lands within her limits, but the Mr. PAYSON. I have no objection. meth~ of selecting was much simplified aqd the adjustment ha.s been much easier than in the other fourteen swamirland States. Mr. McRAE. What is the purpose of having the report read? "Michigan, Minnesota., and Wisconsm elected to make the field notes the Mr. McCREARY. Because I desire to know what is in it. basis for determining the character of the land. Mr. l\IcRA.E. But the rule does not require the reading of the "Alabama., Arkansas, Florida, Illinois, Indiana, Iowa, :Mississippi, Missouri, Ohio, and Oregon elected to make their selections by agents ln the field, and report. Th"at is in the nature of debate and has so been held. they have all ma.de their selections; but very few, if any, have been-able to get Mr. McCREARY. Then I ask for the reading of the bill. The tlieir claims finally adjusted by the Department. suggestion I made was that I would not insist upon the reading of the "California did not adopt either method, because, under the grant to that State, such action was not necessary. bill if the gentleman from Illinois would allow the report to be read. "In Louisiana. nearly all of the selections a.re made under the act of March Z, Mr. McRAE. But the report is longer than the bill. 1849, by deputy surveyors, under the direction of the United States l!lurveyor l\1r. McCREA.RY. That makes no difference. We are here for the general, at the expense of the State. Such lands as are claimed under the act of September 28, 18.50, are selected by State agents, with proof of tl!e character purpose of understanding what we are doing. I bad no reason to be· of the land. ·within the last few years the States of Al!l.bama, Indiana Louisi lieve that this bill would be called up. I have not had time to read ana, l\Iississippi, and Ohio, with the consent of the Department of the Interior, the report, and I desire some little time to investigate the question. have adopted the field notes of survey as the basis of adj ustmen~ of their claims.•• The act of September 28, 18.50, granted the whole of the swa.mp and over It is presumed that the report throws more light on the pending meas flowed lands made thereby unfit for cultivation and unsold at that time. It was ure than anything we have had up to this time. Therefore, I ask for an unconditional gra.nt in prresenti and conveyed to the respective States a.11 the reading of the report. such land. Although the language of this statute appears to be perfectly plain and unambiguous, yet upon one pretext or another it kas been the subject of Mr. PAYSON. Well, of course, Mr. Speaker, that should be in a consideration and construction in variou11 courts, both State a.nd national. The measure by unanimous consent. I see no objection to _it, except that Department in its circular of April lS, 1882, cites nearly two hundred cases. The the report is rather long. I will say to the gentleman from Kentucky scope and tenor of the decisions.will sufficiently appear from the following brief quotation from the decision of-the Supreme Court of the United States in the that the explanation which will be made here by myself or by the gen case of Railroad Company vs. Smith (9 Wall., 95). tleman from Arkansas [l\fr. McRAE] will cover all the detail!) of the "The act ofSeptember2R, 1&50, was a present grant byCongrel!ls ofcertain land:. bill absolutely. The report will be read substantially during the to the States within which they lie, but by a. description which requires some thing more than a. mere reference to their townships, ranges, and sections to progress of the discussion. identify them as coming within it, * * * l\Ir. l\fcCREARY. Mr. Chairman, I can not see any reason whv the ".By the second section of the act of 1&50 it was made the duty of the Secre· tary of the Interior to ascertain this fact, namely, what tracts were so swampy, report should not be read. I understand it is full and that it is awvery overflowed, and wet as that the major parts thereof were unfit for cultivation, clear statement of the reasons that gentlemen rely on for the passage and furnish the State with the evidence of it. Must the State lose the lands, of the bill. - · though clearly swamp land, because that officer has neglected to do this? The right of the State did not depend on his action, but on the act of Congress, and, The CH.A.IRl\IAN. The Chair understands that the gentleman from though the State might be embarrassed in the assertion of this right by the

verse any decision or the courts or the Department. Ilut it simply provides for The message also announced that the Senate had dlsagreed to the an adjustment in accordb.nce with the established methods of the Department and the decisions of the courts, and when such adjustments are made it gives amendments of the House of Representatives to the bill (S. 2349) to ca!!lh at Sl.20 per acre, when under the present law either the land in place or provide for the purchase of a site and the erection of a public building' dry indemnity land would be received. thereon at Kansas City, in the State of Missouri, asked a conference "It also provides for the certification and payment of the money or the en- with the House on the bill and amendments, and hnd appointed Mr. - ~h~~ega~~ ~~'b1:d~~e~~sUn~r;J Sta~s~he case of some of the Southern States, SPOONER, Mr. MORRILL, and Mr. VEST as sa.id conferees on the part "It mnkes the acceptance or cash indemnity a relinquishment and waiver of of the Senate. · all right to the land and a confirmation or the title in the United States or their grantees. The message also announced that the f3enate had disagreed to the "The third section requires the Department to consider all lists made and amendments of the House of Representatives to the bill (S. 875) to pro - proofs taken in accordance with the rules of the Department to be considered vide for the erection of a public building in the city of Norfolk, in the _in making the adjustment. "This section will also have the effect to redeem all outstanding indemnity State of Virginia, asked a conference with the House orl the bill and scrip atJ)l.25 per acre. The following letter will show the amount issued to amendments, and bad appointed Mr. SPOONER, Mr. MoRRILL, and Mr. Stn.tes ,\1here the public lands have all been sold, and which can not under the VEST as said conferees on the part of the Senate. · · rules now in force be located in the States named. These States insist that they can be located on any vacant lands; the attempt has several times been made." The message also announced that the Senate had disagreed to the amendments of the House of Representatives to the bill (S.1384) to During the reading of ~he report, the committee informally rose to provide for the purchase of a site and the erection of a public build receive a message from the Senate. ing thereon at Mankato. in the State of Minnesota, asked a conference l\IESSAGE FROM THE SENATE. with the House on the bill and amendments, and had appointed Mr. A message from the Senate, by Mr. McCOOK, its Secretary, announced SPOONER, Mr. l\fORRILL, and Mr. VEST as said conferees on the part that the Eenate bad passed the following resolution: of the Senate. IN TllE SENATE OF THE UNITED STATES, D~cembel' 11, 1890. The message also announced that the Senate bad disagreed to the Resolved, That the Secretary be directed t-0 return to the House of Represent amendment of the House of Representatives to the bill (S. 1230) for atives the enrolled bill (S. 2404) •·to provide for the purchase of a; site and the the erection of a public building in the city of Pawtucket, R. I., asked erection of a public building thereon at Beatrice, in the State of Nebraska," and that he request the House of Representatives to return to the Senate its a conference with the House on the bill and amendment.a, and had ap resolution agreeing to the amendments of the House to said bill. pointed Mr. SPOONER, 1tfr. MORRILL, and Mr. VEST as said conferees The message also announced that the Senate had passed the follow on the part of the Senate. ing resolution: The message also announced that the· Senate had disagreed to the IN THE SENATE OF THE UNITED STATES, December 10, 1890. amendments of the House of Representatives to the bill (S. 77) to pro Resolved, That the Senate agree to the amendment of the House of Represent vide for the construction of a public building at Portland, Oregon, atives to the bill (S. 1044), to provide for the purchase of a site at Madison, in asked a conference with the House on the bill and amendments, and the State or Indiana. bad appointed l\Ir. SPOONER, l\1r. MoRnII,L, and M:r. VEST as said con The message also announced that the Senate had passed the follow ferees on the part of the Senate. ing resolution: The message also announced that the Senate hnd disagreed to the IN THE SENATE OF THE UNIT"ED STATES, December 10, 1890. amendments of the House of Representatives to the bill (S. 1590) to pro Resolved, That the Senate agree to the amendment of the House of Represent vide for the construction of a public building in the city of Stockton, atives to the bill (S. 3282) to provide for the purchase of a site and the erection of a public building thereon at Rock Island, in the State of Illinois. Cal., asked a conference with the House on the bill and amendments. and bad appointed Mr. 8POONER, Mr. MORRILL, and Mr. VEST as said The message also announced that the Senate had passed the bill conferees on the part of the Senate. · (S. 4544) to provide and equip a steam vessel for boarding purposes at The message also announced that the Senate bad disagreed to the Chicago, Ill.; in which the concurrence of the House of Representatives amendments of the House of Representatives to the bill (S. 2427) to is requested. provide for the purchase of a site and the erection of a public building The message also announced that the Senate had disagreed to the thereon at St. Albans, in the State of Vermor.t, asked a conference amendments of the House of Representatives to the bill (S. 902) for the with the House on the bill and amendment.a, and had appointed erection of a public building at Sioux City, Iowa, asked a conference Messrs. SPOONER, MORRILL, and VEST as said conferees on-the part of with the House on the bill and amendments, and had ~ppointed Messrs. tlrn Senate. SPOONER, :MORRILL, and VEST as said conferees on the part of the The message also announced that ~he Senate had disagreed to the Senate. amendment of the Honse of Representatives to the bill (S. 2405) to The message also announced that the Senate bad disagreed to the provide for the purchase of a site and the erection of a public build amendments of the House of Representatives to the bill (S. 953) for the ing thereon at Lewiston, in the State of Maine, ~ked a conference erection of a public building at Fort Dodge, Iowa, asked a conference on the hill and- amendmtnt, and had appointed Messrs. SPOONER, with the House on the bill and amendments, and bad appointed Messrs. l\IonnILL, and VEST as said conferees on the part of the Senate. _ SPOONER, MORRILL, and VEST as said conferees on the part of the Sen- The message also announced that the Sena.te bad disagreed to the ~~ - amendments of the House of Representatives to the bill (S. 2404) to The message also announced that the Senate bad disagreed to the provide for the.purchase of a site and the erection of a public building amendment of the House of Representatives to the bill (S. 3417) to pro thereon at Beatrice, in the State of Nebraska, asked a conference with vide for the purchase of a site and the erection of a public building the House on the bill and amendments, and had appointed Messrs. thereon at Haverhill, in the State of Massachusetts, asked a conference SPOONER, MORRILL, and VEST as said conferees OU the part of the with the House on the bill and amendment, and had appointed Messrs. Senate. SPOONER, MORRILL, and VEST as said conferees on the part of the Sen SWAl\IP AND OVERFLOWED' LANDS. ate. The message also announced that the Senate had disagreed to the The reading of the report was resumed and concluded. amendment of the House of Representatives to the bill (S.1548) to Mr. McRAE. That completes the reading of the repo:::t. provide for the purchase of a site and the erection of a public build-· Mr. McCREARY. I do not ask any further reading. ing thereon at Taunton, in the State of Massachusetts, asked for a Mr. HOLMAN. There are the exhibits to the report, and I ask that conference with the H~use on the bill and amendment, and had ap at least the acts of 1855 and 1857 be read. They are on page 7. pointed Messrs. SPOONER, MORRILL, and VEST as said conferees .on the The CHAIRMAN. The gentleman from Indiana asks that the stat part of the Senate. utes of 1855 and 1857 be read. The message also announced that the Senate bad disagreed to the Mr. McRAE. That would be in the nature of debate, and I insist amendments of the House of Representatives to the bill (S. 1354) to that the time of the committee should not be taken up in that way. provide for the purchase of a site and the erection of a public building Ur. IIOLUAN. It is a part of the report, and I could insist upon its thereon at Sioux Falls, in the State of South Dakota, asked a confer being read. ence with the House on the bill and amendments, and had appointed Mr. McRAE. It is not a part of the report. It is an appendix and Messrs. SPOONER, MORRILL, and VEST as said conferees on the part ot is no part of the report. the Senate. Mr. HOLMAN. I think the appendixis a part of the report. The message also announced that the Senate had disagreed to the Mr. McRAE. The acts are simply published there for convenience amendments of the House of Representatives to the bill (S. 507) to pro of reference. vide for the erection of a public building in the city of Youngstown, Mr. HOLMAN. And are neces.sary to understand it. The appen Ohio, asked for a conference with the House on the bill and amend dix, of course, is a part of the report; ment.a, and had appointed Mr. SPOONER, Mr. MORRILL, and l\fr. VEST The CHAIRMAN. The Chair thinks it is not properly a part of the as said conferees on the part of the Renate. report. · It is simply an appendix attached to the report. The message also announced that the Senate had disagreed to the Mr. HOLMAN. Then I will have those acts read hereafter. amendment of the House of Representatives to the bill (S. 2816) fo~the Mr. PAYSON. Mr. Chairman, in my present condition of health I erection of a public building at Newburgh, N. Y., asked a conference do not feel able to go through the subject-matter of this bill in detail. with the House on the bill and amendment, and had appointed Mr. The report which has just been read covers all the details, and I only SPOONER, Mr. MORRILL, and Mr. VEST as said conferees on the part desire in this connection to say that this bill will commend itself, I of the Senate. think, to the good judgment of every member of this committee. It I I

350 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11,

has been practically unanimously reported from the Committee on the them to be redeemed. That is but commoµ honesty. Mr. Chairman, Public Lands for this, tl:_le third different time. It asks from the Gen this bill does not in the least enlarge the original swamp-land grant, nor eral Government only that it shall settle with the different swamp-land does it make any new grant to any of the States. It makes no change States of the Union by paying to them what it has received by selling whatever in the methods of adjustment of the grant except to require the land that it had no righ ·~ to sell, and it imposes no new liability all claims of the States to be presented within three years, while now whatever on the General Government. there is no limitation at all. As to the details of the bill and its effect, and the amount that it -' J'ifr. BLANCHARD. I would like to ask the gentleman a question carries, and all that sort of thing,' I leave a detailed statement of those with reference to the limit of three years. Do I understand that States points to the gentleman from Arkansas [Mr. McRAE], my colleague having claims against the Fep.eral Government for indemnity on ac on the committee, who reported the bill. To him I yield fifty minutes count of swamp land must present those claims within three years? of my time, ot so much as he may desire to occupy in the discussion Mr. McRAE. Yes, sir. . of the question. J'ifr. BLANCHARD. And, if they should not do so, then after three ~fr. McRAE. Mr. Chairman, in explaining the effect of this bill it years all claims against the Government on account of swamp-land will be necessary to refer to and to consider the several swamp-land grants will be barred? gmnts and the action of the Secretary of the Interior thereunder. Mr. McRAE. Yes, sir. The object of this limitation is to require . The act of September 28, 1850 (9 Stat., 519) granted to each of the the States having claims for swamp lands not already selected or for public-land States in the Union at that time all of the swamp andover indemnHy not already claimed to make their selections or claims ftowed lands remaining then unsold. The second section of the grant within three years after the passage of the act. ing act made it the duty of the Secretary of the Interior, as soon as Mr. BLANCHARD. And all such claims must be filed within three as practicable after the passage of the act, to prepare a list of the lands years? . described and transmit the same to the governor of the State of Arkan Mr. McRAE. Yes, sir; the purpose is to make a finality of this mat sas and at his request to cause a patent to be issued therefor. Section ter, and we have fixed a time within which all the claims shall be pre 4 extended the grant to the other public-land States then in the Union. sented. Heretofore there bas been no limitation. New claims are be • t For some reason this duty was not performed, and, not'Yithstandingthe ing presented every year. This year a large number have been allowed, grant was one in prrescnti, many of the lands falling within the designa and they still continue to come in. It is said that some of the States tion of swamp and ov-erflowed lands were sold to other parties by the ha>e received lands that they are not entitled to under the grant, but if United States Land Office officials. Of course the purchasers took no they have it is in some measure the fault of the Department of the In title and much trouble arose from these sales. terior as well as the States, and the longer we continue to leave the door To remedy this trouble and to do justice to the States, the act of open the more danger there will be of having fraudulent patents issued. March 2, 1855,, was passed. It provided that upon due proof of such The bill simply provides for an adjustment·upon a ca.sh basis, in ac sales by the authorized agents of the States before the Commissioner cordance with the established methods of determining the character of of the General Land Office the purchase money· of the lanfui so errone the lands in question. That is all there is of it. There ought to. be ously sold should be paid over to the States, and also gave dry lands no objection to it. It makes the acceptance of ca.sh indemnity a re of like quantity for such as had been disposed of otherwise than by linquishment and waiver of ·all right to the land, a confirmation of sale. Congress proceeded upon the presumption that the Secretary of title in the Government or its grantees, and thus makes the title of the the Interior and Commissioner of the General Land Office would do purchasers from the United States good and at the same time does ju~ their duty-make the list, adjust the grant, and make no more errone 'tice to the States. ·The original grant as first introduced was only in ous sales, and so the act of 1855 was not made prospective and contin tended for the State of Arkansas. That State was mcntioued by name uing, as it ought to have been. The district land officers continued to in the title as well as the bouy of the act. It was upon the motion of make erroneous sales, and the selections of the swamp lands and their Hon. Stephen A. Douglas that secti~n 4, which made the grant of segregation from the public domain were not completed, and much con general application, was adopted. The State of Arkansas has spent fusion and litigation followed. Other difficulties arose about these a great deal more money in reclaiming the swamp lands within her lections made by the States, and so the confirmatory act of March 3, limits than she has ever got or can ever realize for them. She promptly 1857, was passed. and in good faith enter~d upon a system of levees and drains to re This act declared that the selections of swamp and overflowed lands c11.im the lands, as was required by the grant. As a result several hun granted to the several States, theretofore made and reported to the dred thousand acres of lands, wet and unfit for cultivation at the time General Land Office, so far as the same remained vacant were con of the grant, are now blooming fields of the richest cotton lands in the firmed and approved for patent. It also continued in force the relief world, containing happy homes for a contented and prosperous people. act of 1855. So, l\Ir. Chairman, the status of the grant as it now exists Notwithstanding all this, less has been done by the Department and is construed by the Department may be stated as follows: toward the adjustment of the grant to that State than any other. No 1. The swam,P-land States to which the grant applies are entitled indemnity either in land or money has ever been allowed, although its to all the swamp and overflowed lands situated therein, as defined in right to hoth is admitted by the Department of the Interior. For forty the grant, not disposed of prior to September 28, ]850, the date of the years, upon first one pretext and then another, the adjustment of the grant. This has been settled by numerous decisions of the Supreme claim of the St.'\te of Arkansas has beas.sed, when that act became a law, to the States in the Commissioner'' to allow and pay to each State such amount as should which those lands were located. The title by the law then was in the thus be found due, est.imatin~ all lands and permanent reservations at State. The designation of the lands was to occur afterward. · $1.25 per acre." It is hardly honest for the United States, after making In 1850, when the act to which I have referred was passed, there a compact with the State based upon laws providing for sales at not less was an immense area of public land the country over, which was than $1.25 per acre, to diminish the fund upon which the State had a readily accessible and easily obtainable in large bodies wherever set right to rely, by disposing of the lands from which it must come un tlers desired to go. Renee, nothing was done with reference to this der the homestead law. swamp-land law for years. Then the war came on; and in the Lower Mis These lands should, in all fairness, so far as Arkansas is concerned, sissippi Valley, in the State of Louisiana, represented by my friend on be estimated at $1.25 per acre,. and 5 percent. be allowed on the aggre my left [Mr. BLANCHARD], and the State of Arkansas, represented by gate amount. In Arkansas the lands entered under· the homestead my other friend [Mr. McRAE], and in other States of the Union, no law will amount to about 8,000,000 acres, and would be worth at$1.25 attempts were made to select these swamp lands because of the calamity per acre the enormous sum of $10,000,000. Five percent. of this sum of war being upon the country. So in that part of the Union it was would be $500,000. Thefeesfortheseentries-aloneamounted to$502,- 6ply after the war that anything was done with reference to this matter. 0B5, but the Department does not allow even 5 per cent. upon them. . I But in the mean time the General Land Office, finding these tracts want all thesematterasettledand so does the State. Ifthe United States of .ij:i.nd upon its books as public land, was going on sellin~ and dispos authorities can ever be made to realize that they must take some interest ing of them in various ways: for ca.sh at private entry, for cash under in this adjustment and will take hold of the matter in the proper spirit, the pre-emption law, by certificates under the homestead law, by loca a fair settlement can be had at an early day. I am willing to say for tion of bounty-land warranm, and in the other ways in which public the State that she is ready to proceed at any time to adjust all these lands were Rubject to disposition. · old matters upon any reasonable basis. She has had a representative Then the question was presented whether or not the title which the from the State land office here for several years, but every obstacle has State acquired by reason of the act of Congress would prevail over a been thrown in the way of a final settlement. The last Le¢slature patent which was issued by the Interior Department upon a sale of passed an act fully empowering the governor to compromise and settle this kind of land, actually swamp in character; and the courts have the claims of the State. Here is a copy of the first section of it: held uniformly-it has been so held in circuit courts of counties, in Be it enacted by the General Assembly of the State of .4.rl:ansas: SECTION 1. That supreme courts of Stntes, and in the .Supreme Court of the United the governor be, and he is hereby, authorized and empowered to enter into States-that as to any piece of swamp land the pa.tent of the United negotl.a.tions with the proper authorities of the United Sta.tea, with a view of States was blank paper, nothing else. oompromil!ing, adjusting, and settling a.11 or any of t.he cl11.ims of the State or Arkansas that have accrued or that may hereafter accrue under existing and In one county of my own district-the county of Iroquois-case after future laws and grants; and ho is further authorized and empowered to com case in ejectment has been brought and the holder of the apparent promise, adj nst, and settle the same upon such terms and conditions as he may title under the patent has been ousted by the better title derived under deem just and right, after having examined into all the facts in relation thereto the sum or sums a.greed upon for such claim or claims a.s he may compromis~ the act of Con,..,

All these questions are Federal questions. No State every had any Mr. HOLMAN. Yes, there was such land in Illinois and Missouri thing to do, directly or indirecHy, with the disposition of an acre of both. land under the homestead law. No State in this Union ev~r had any Mr. PAYSON. I have no recollection of it. The single minimum thing to do, directly or indirectly, as I state, with the disposition ofan price of Government land has been $1. 25 an acre ever since the general · - acre under the pre-emptioQ law. land laws have been enacted. It is all a Federal question, and the Government has disposed of this Mr. BRECKINRIDGE, of Kentucky. W!!S not that for Govern . -land. For purposes of its own it has used this land, it has traded it, ment land which was arable and capable of being put in cultivation in · it bas received the equivalent of $1.25 an acre for it. It has issued cer its then present condition? tain scrip; and the gentleman complains of the proviso of section 3 of Mr. PAYSON. No, sir. As I have stated, the graduation ia.wdoes -· this bill that, on the surrender of any indemnity-land scrip which could not apply. This simply refers to Government land as Government ·-not be satisfied by reasofi of there being no lands in the State to which land, and all this land was treated as agricultural land by the Govern the same were issued subject to location thereunder, the value of the ment. same at the rate of $1. 25 per acre shall be paid to the party or parties· I believe, Mr. Chairman, that is all I care to say about this matter. so surrendering the same when accompanied by the e'·idence of owner- It is simply a que..,tion of justice between the Government and these shl~ . States, and that seems to me ought to settle this question. As to the Now, what was the practice'! When they did not have money they matter of limitation, we provide that all these claims for land shall be issued scrip. Now, it can not be found in the statutes, it caa not be filed within three years. Then the General Government, through the found as an authoritative decision anywhere by the courts, that the Interior Department, determines whether the claims a.re valid or in scrip could not be located anywhere where there was public land, ex valid. If it is determined that the claims are valid, then the title cept in the decision of the Interior Department, which decision is to passes. If the claims are held to be invalid, they are thrown out and the effect that the location must be in the same State, and the public that is the end of it. lands being exhausted in Illinois and Iowa the scrip was valueless un- I return the remainder of my time, except :five minutes of it, or so der the rulings of the Department. · much of it as the gentleman from Louisiana [Mr. BLANCHARD] may Mr. IIOL~IAN. You say in this very report that it could not be desire to occupy. located outside of the State. Mr. BLA.NCHARD. Mr. Chairman, I propose to occupy but a few :Mr. PAYSON. I say by reason of the decision of the Interior De minutes, believing that it is better to proceed with the consideration -partment, because the Interior Department say this and the question of the bill and reach results by its passa2e rather than to consume has not bee11 presented anywhere else. But the scrip is outstanding the short remaining time by discussing it further. The gentleman and calls for bud, and, if it can not be located in the same State, why from Indiana (.Mr. lIOL:\IAN], in his anxiety always to prevent raids should not the Government give an equivalent for it? The General upon the Treasury or upon the public domain, is naturally suspicious Government has issued a piece of paper which represents 160 acres of of every measure involving a question of appropriation of money or J.ii.nd and then by its own act has rendered that piece of paper worth disposition of the public lands. Usually he has good grounds upon less. Why should not the Government under those circumstances pay which to base his opposition; but, in this instance, his objections to what it is worth, at the rate of $1. 25 per acre? Why should it not pay this bill have no other foundation than mere suspicion and are not this equivalent for the land that it sold or otherwise disposed of? well founded in substantial averments of fact tending to discredit the When the scrip is presented why should the Department say that measure. the land can only he located so and so? Why should it say you can The first swamp-land act passed, I believe, was in 1849, of which only locate in that particulM State and nowhere else, and then neither the State I have the honor in part to represent upon this floor was the filve money nor land to the States, as in the cases of Illinois, Arkan beneficiary. The next was in 1850, of which the State of Arkansas sas, and Minnesota-- and other States were beneficiaries. Now, from that time to this, for Mr. McRAE. There are several States in that situation. a period of fort.y-one or forty-two years, this question of the adjust Mr. PAYSON. Giving them nothing whatever. Therefore, there ment of claims for swamp lands under the swamp-land acts of Congress ought to be an indemnity. I believe, :Mr. Chairman, that is all I de bas been one that has disturbed not only the Interior Department of sire to say, making an apology to the committee ·for occupying so much the Government, but Congr~ it.self. time. The bill is just and should pass, as I think. It is time, Mr. Chairman, that there should be a settlement of all Mr. BRECKINRIDGE, of Keqtucky. Will the gentleman allow the claims springing out of the t0wamp-land acts of Congress, and this me to ask him a que.stion? · bill is nothing more or less than a measure which proposes to bring l\Ir. PAYSON. Certainly, with pleasure. about such an adjustment and settlement. It has been the experience · ~ Mr. BRECKINRIDGE, of Kentucky. Why is it that the indem- of the General Land Office that the longer this mntter is permitted to nity is :fixed at $1.25 an acre in each case? ' · rnn the larger and larger have grown the claims of the several States l\Ir. PAYSON. Because that is the single minimum· price at which against the Federal Government for lands under the swamp-land gran~. Government land was held all over the Union at that time. If there had been a limit of time within which States were to :file their l\Ir. BRECKINRIDGE, of Kentucky. That, however, wastheprice claims fixed in the swamp-land acts when they were passed in 1849 ofland which was arable and capable of being put to use. and 1850, this question would long since have been taken out of the M:r. PAYSON. Precisely such land as this. . domain of legislation and would have long since ceased to trouble the l\Ir. BRECKINRIDGE, of Kentucky. If I understand the matter Interior Department. correctly, the land referred to here is low, swampy land, which has to Now, what was perhaps a defect of omission in the laws as they origi be reclaimed before it can be put to use. nally passed is proposed to be corrected by this bill, which fixes a limit Mr. PAYSON. But the General Government bas never made any of three years within which all such claims must be filed in the Gen reduction in price for land of that character except under what is known eral Land Office, and thereafter no State will have a standing before as the graduation law. the Interior Department to assert claims arising under the swamp-land Mr. HOLMAN. There was some land in the gentleman's own State acts of Congress. This measure, therefore, is but supplementary to as low as 12! cents an acre. the legislation heretofore had by Congress in respect of the di.sposition Mr. PAYSON. Tbe gentleman from Kentucky will bear with me of swamp lands. - for a moment. The bill provides that, where this land, for which. in It is not expected that the claims of the States for swamp lands can demnity is provided, has been disposed of at less than $1.25 an acre, be adjusted within three years' time. No; it would be impossible for all that can be paid is what has been received in the Treasury. the General Land Office, through its agen~, to make a complete ad l\Ir. BRECKINRIDGE, of Kentucky. As I understand-because I justment of these matters in that time; but the claims must be filed am asking for information-there are two different kinds of claims, so within three years' time, ann thereafter the adjustment is expected to to speak, against the Government. One is for land which the Gov be made as speedily as possible, with due regard to the rights of the ernment sold and received the price for. The other is for land that States and tlie interest of the General Government respectively. I for one reason or another has never been sold or otherwise disposed of, think this proposed legislation is wholesome. It is something which without regard to the price. Now, as to the first class, the claimant has been needed for years. obtains exactly what the Government receives. Mr. Chairman, the gentleman from Indiana [Mr. HOLMAN] made Mr. PAYSON. Yes, sir. some reference to swamp lands being unfit for cultivation. That state -' Mr. BRECKINRIDGE, of Kentucky. As to the latter class the law ment is wholly erroneous if he meant to convey the idea that they :fixes the price at $1.25 an acre. Now, the question that arises to my could not be rendered :fit for cultivation. mind is, why should we give $1.25 an acre to any claimant for land l\1r. HOLMAN. I quoted the law. The definition is, ''not adapted which may not have been worth $1. 25 an acre? to cultivation." Ur. PAYSON. Because there was no land that was rated at a lowor Mr. BLANCHARD. Mr. Chairman, most of the land forming the ·price than $1.25 an acre, unless it is barely possible there was some in State of Louisiana was at one time what might ba called swamp land Indiana. ~nd unfit for cultivation. Themagnificentsugarcuuntryinour State, Mr. IIOLUAN. There was some in the gentleman's own State, the extending from the city of Baton .Houge to a iong distance below the price of which was 12! cents an acre. city of New Orleans, was at one time swamp land and bas been i·e Mr. PAYSON. No, the graduation law never applied to Illinois, claimed from the ravages of the great river by levee construction upon untess possibly to a very small portion in the northern end of the State. its banks until to-day t.here is no finer country on the face of the globe. XXII-.?.3 354 CONGRESSIONAL RECORD-HOUSE. DECEMBER 11,.

Away down in the southern part of Lotiisiana, bordering on the Gulf, l\fr. ROWELL. And I want to say to the gentleman that he did there are vast tracts of marsh lands which under the swamp-land net not see the prairies for thirty years after I did. [Laughter.] of 1849 accrued to the State. Let me say. to the gentleman from In- Mr. BUCHANAN, of New Jersey. But when I did see them, I diana that a syndicate of Western capitalists, led by Mr. J.B. Wat- went farther West and saw more of them. kins, of Kansas, have acquired from the State of Louisiana more than 1\Ir; ROWELL. I doubt that. a million acres of these marsh lands situated in the.district represented 1\Ir, PAYSON. Mr. Chairman, I ask unanimous . consent that gen- by my friend, Mr. P&IOE, and these lands are being reclaimed and ren- era.I debate be now considered as closed. dered fit for habitation and cultivation. Canals are being constructed Mr. HOLl\IAN. I object. through them, dikes and levees are being erected, and lands capable J\fr. PAYSON. I move that the committee rise. of the cultivation of cane and rice in their highest perfection are beillg The motion was agreed to. brought under the dominion of the plow. . The committee accordingly rose; and the _Speaker having resumed These lands were acquired from the State at the nominal price of12} the chair, J\fr. ALLEN, of Michigan, from the Committee of the Whole, cents per acre. At that time much of the tract was valueless for .any reported that they bad bacl under consideration a bill (H. H. 81) "for purpose. It was valueless to the General Government when given to the relief of purchasers and other grantees of the United States of cer the State; it was valueless to the State so long as held in the c-0ndi- tain swamp and overflowed lands, and to reimburse anq indemnify tion in which it was received from the General Government. But un- certain States," and had come to no resolution thereon. der the touch of enterprise, stimulated by the hope of speculation and l\fr. PAYSON. 1\.Ir. Speaker, I move that the House resolve itself gain, ·this vast tract is undergoing transformation, and it is confidently into Committee of the Whole on the state of the Union for the farther expected that in a short time it will rank with the best average lands consideration of House bill No. 81, and pending that I move that gen ofth& South for the cultivation of corn, rice, and sugar~cane. · I refer eral debate upon it be limited to one min ate. to this, Mr. Chairman, as evidencing the wisdom of Congress in the The SPEAKER. The question is first upon the latter motion. enactment of laws granting such swamp and marsh lands to the State The question was taken; and the Speaker declared that the aye8 for drainage and reclamation. · seemed to have it. J\fr. PAYSON. I ask unanimous consent that general debate upon l\Ir. HOLMAN. I ask for a division. . this bill be considered as closed. The House divided; and there were-ayes 61, noes 6. Mr. BUCHANAN, of New Jersey. I shall object to that, because l Mr. HOL~iAN. No quorum. want a few minutes on the bill myself. The SPEAKER. Does the gentleman make the Point that there is Mr. HOLMAN. Mr. Chairman-- - no quorum present? The CIIAillMAN. The gentleman fromlliinois (Mr. PAYSON] has Mr. HOLMAN. Yes, sir. the floor. The SPEAKER (after-oounting). The1·e are 142 gentlemen present- 1\fr. PAYSON. What time does the gentleman from New Jersey not a quorum. desire? Mr. BUCHANAN, of New Jersey. I move that the House do now Mr. BUCHANAN, of New Jersey. I think I can ~y all I have to adjourn. - • . say in .five minutes. Th~ question was taken; and the Speaker declared that the noes Mr. PAYSON. I yiela the gentleman that time. seemed to have it. J\Ir. BUCHAN.AN, of New Jersey. Mr. Chairman, my attention Mr. HOLb.fAN. I ask for a division. was fust directed to the subject-matter of this bill in the year 1866. The House divided; and there were-ayes 19, noes 70. When on a. visit to some of-the Western States looking up, in the in- So the House refused to adjourn. . -terest of parties who had retained me for the purpose, different tracts Mr. PAYSON. J\fr. Speaker, I move a call of the House. of land, my attention was directed to the manner in whi~h some of The question was taken; and there were-ayes 53, noes 36. those States had made their selections of alleged swamp lands under Mr.' BRECKINRIDGE, of Kentucky. I ask for tellers. -the act of 1850 and the different acts in connection therewith, and I The queetion wastakenuponorderingtellers;and there were 26~otes discovered that in a great many instances lands had been located as in the affirmative. ''swamp'' lands that never bad been swamp lands since the dove came l\fr. BRECKINRIDGE, of Kentucky. Let us have the yeas and back to the ark with the olive branch in its beak. nays. I object to this bill because it proceeds upon the principle that the The yeas and nays were ordered, 22 members voting in favor thereof. selections made heretofore under this legislation were honestly and The question was taken; and there were-yeas 69, nays 71, not vot- properly made. I do not hesitate to say, from knowledge thengn.ined ing 191; as follows: and gajned upon the spot, that in instance after instance the selections YEAS-69. were not only improperly but were absolutely dishonestly made. Lands Adams, Cummings, l\[cRae, Snider, l Allen, l\Iicb. De Lano, l\Ullik:en, Stephenson, of that character were afterwards reclaimed, or recouped, should per Baker, Forman, 1\follitt, Stockbridge, haps say, by the General Government and sold to settlers, andifwego Banks, Forney, l\Ioore, Tex. Stockdale, to the equities of the matter there is no reason whatever why the United Belden, Geary, l\lorrill, Sweet, States should refund to the States the money obtained for such lands, Biggs, Hall, l\[orrow, Thompson, Blanchard, HayesJ...W. I. Payne, Townsend, Colo. because, as I have already said. the lands were improperly taken in the Boatner, Hays, Jj;. R. Payson, Tarner, Kans. :first instance. The difficulty about thiq legislation of 1850 was its gen Breckinridge, Ark. Heard, Peel, Turner, N. Y. eral terms and the want ofattention on the part of the Land Office after Brewer, · Ilenderson, Ill. Pickler, Vandever, Bnllock, Lacey Pindar, Wallace,N. Y, wards in executing the law. Carter, La Follette, .Price, ·w -heeler, Ala• These donations were not by metes and bounds, but by one general Caswell, Lane, Quinu, 'Vilkinson, Cheadle Laws, Ueylmrn, Williams, ID. principle enunciated in the act, and the question whether a certain Clark, \Vyo. Lewis, Robertson, Wilson, Mo. section or a certain fraction of a section came within the description Cobb, :Mccomas, Rogers, contained in the act was a question of fact in each case, and that ques Colemn.n, l\lcKenna, J

1890. CONGRESSION.AL RECORD-HOUSE. 355

Olunie, Gibson, Miles, Simonds l\fr. BOUTELLE with Mr. HERBERT. Cogswell, Gifforil, Miller, Bmith,W.Va.. l\fr. BROWNE, of Virginia, with Mr. NORTON. Comstock, GrecnbaJ.ge, .l\Iills, Spinola, Connell, Grosvenor, J\Ioore, N. IL Springer, Mr. WIIEELER, of l\Iichi_gan, with Mr. BANKHEAD. Cooper, Ind. Grout, Morey, Stewart, Ga.. Mr. CLARK, of Wisconsin, with Mr. ANDERSON, of,M.ississippi. Cothran, Hansbrough, :Morgan, Stewart, Tex. Mr. McCORD with Mr. FITHIAN. Cowles, Hare, :rirorse, Stewart, Vt. Craig, Harmer, l\Iudd, Stivers, Mr. LEHLilACH with Mr. STUMP. Crisp, Hatch, .Niedringhaus, Stone, Ky. Mr. NIEDRINGHAUS with Mr. STONE, of Missouri. Culberson, Tex. Haugen, Norton, Stone,l\Io. Mr. ANDERSON, of Kansas, with Mr. DAVIDSON'. Culbertson,~a. Raynes, Nute, Stone, Pa. Cutcheon, Hemphill, Oates, Stump, Mr. RANDALL with Mr. O'NEIL, of Massachuaett& Dalzell, Ilenderson,Iowa O'Donnell, Sweney, Mr. TAYLOR, of Tennessee, with Mr. SENEY. Dargan, Ilenderson,N. C . O'Fcrrall, Tarsncy, 1l[r• .McCon.MICK with l\Ir. REILLY. Darlington, Herbert, O'Neil, Mass. Taylor, Ill. Davidson, Ilermann, O'Neill, Pa. Taylor,J.D. Mr. PETERS with Mr. DOCKERY. Dibble, Hitt, Outhwaite, Taylor, Tenn. Mr. GIFFORD with Mr. MORGAN. Dingley, Houk, Owen, Ind. Thomas, Mr. y ARDLEY with Mr. BUNN. Dockery, Kennedy, Penington, Tillman, Dolliver, Kerr, Pa.. Perkins, Townsend, Pa. Mr. BROWER with Mr. ROWLAND. Dorsey, Ketcham, Perry, Tracey, Mr. HITT with "l\1r. SPRINGER. Dunphy, Knapp, Peters, Tucker, l\Ir. BLISS with Mr. WHITING. Edmunqs, Laidlaw, Phelan, Van Schaiok, Ellis, Langston, Pierce, Vaux, Mr. ALLEN, of Michigan, with Mr. RICII.ARDSON'. .Enloe, Lanham, Pugsley, Waddill . Mr. T. l\.I. BROWNE with Mr. WIIITELA W. Evans, Lansing, Quackenbush, 'Va.Iker, For the rest of the day: Ewart, Lee, lta.ndall, Wallace, MllSs. Farquhar, Lehlhacb, .Ilo.y, Washington, Mr. TAYLOR, of Illinois, with Mr. TILLMAN. Featherston, Lester, Ga. Reilly, Wheelor,Mich. Mr. KETCHAM with Mr. OUTIIWAITE. Fitch, l\Iagner, Richardson, Whitelaw, Mr. HOUK with 1\1.r. .ENLOE. . Fithian, l\Iansur, Rife. Whiting, Flick, l\Iarlin, Tex, Rockwell, Wickham, Mr. O'NEILL, of Pennsylvania, with Mr. MARTIN, of Texas. Flood, l\1ason, Rowland, 'Viko, Mr. MILES with Mr. CARUTII. Flower, McCarthy, Rusk., Wiley, Mr. w ALLACE, of Massachusetts, with Mr. ANDREW. Fowler, .McClammy, Sanford, Wlllcox, ·Frank., McCord, Sawyer, Wilson, Ky• . Mr. HOPKINS with Mr. DrnnLE. Funston, :McCormick, Scranton, ~~t~~y, l\fr. McDUFFIE with Mr. CLARKE, of Alabama. Gear, l\IcDuffie, Seney, Mr. ROCKWELL with Mr. HENDERSON, of North Carolina. Gest, l\Icl\Iillin, Shively, Mr. O'DONNELL with Mr. LEE. So the call of the House was refused. Mr. MOREY with Mr. °BYNUM. Before the eecond call of the roll was commenced, Mr. HENDERSON, of Iowa, with ?ifT. MILLS. Mr. PAYSON. Mr. Speaker, by unanimous consent I ask that fur Mr. PUGSLEY with lli. CRISP. ther proceedings under the call be dispemed with. Mr. FRANK with .l\Ir. ALLEN, of.!fissisa:ippi. I wish to state that in accordance with an arrangement arrind at Mr. DALZELL with Mr. SIIIVELY. between the gentleman from Indiana [Mr. HOLMAN] and myself, M.r. COGSWELL with Mr. PIERCE. which is satisfactory to me and I hope will be satisfactory to tbe House, Mr. BROSIUS with Mr. ABBOTT. it jg agreed that this matter shall come up to-morrow, ofter sixty min Mr. ATKINSON, of west Virginia, with M:r. CULBERSON, of Texas. utes of the morning hour shall have been disposed of, as unfinished Mr. BECKWITH with Mr. DARGAN. business, and with the previous question considered as ordered upon Mr. HERMANN with Ur. LA1!>."'HA'l!. the Lill, and nn amendment in the nature of a substitute to be pre .l\Ir. .BOWDEN with l\lr. O'FERRALL. sented by the gentleman from Indiana, and upon which the yeas and l\fr. DARLTNGTON with l\.Ir. PENINGTON. nays may be considered as ordered. . Mr. MARON -with Mr. Mc:Jl.fILLrn, until Friday next. Mr. BRECKINRIDGE, of Kentucky. To-morrow is Friday and l\Ir. EVANS with Mr. WASIIINGTON, until Friday next. there will be no morning hour. The result of the vote was then announced as above recorded. Mr. PAYSON. That is true; then to come up as unfinished busi 1\Ir. P AYSO~. Mr. Speaker, I now ask unanimous consent that ness to-morrow with the understanding which I have suggested. this arrangement~ made: That the Committee. of the Whole House Mr. HOLMAN. That is to say, that a substitute may be offered, be dischar~ed from the further c~nsideration of this bill, and that it on which the yeas and nays" may be ta.ken, and the right to offer three come up to-morrow as unfinished business with the previous question amendments to the original text of the bill. ordered upon it, but with the right on the part of the gentleman from l\Ir. PAYSON. That is correct. Indiana or any other gentleman to offer amendments to the bill; and Mr. .BUCHANAN, of New Jersey. I have no objection to any little the further right to the gentleman from Indiana to offer another arrangement which may be made between the gentleman from Illinois amendment in the nature of a substitute, upon which a yea-and·n-ay and the gentleman from Indiana, but! wish to call attention to thefact vote may be bad. that the point of no quorum has been made and no quorum is present. 1.Ir. HOLMA.N. I wish to offer a substitute for the bill and three .M:r. PAYSON. The gentlemnn from New Jersey should not speak amendmen~ to the original text. -0f an arrangement between the gentleman from Indiana and myself, for Mr. PAYSON. You need not be limited as to the number of amend 1 expressly stated that I hoped it would be s1tisfactory to the House ments. I have no objection to your offering such amendments as yon and aaked the House to ratify it. deem proper. ' Mr. BUCHANAN, of New Jersey. Yes; butwhatrsay now isthat The SPEAKER. Is there objection to the request of the gentleman the House is not competent to proceed until that point is withdrawn. from Il1 inois ? l\Ir. PAYSON. But by unanimous consent proceedings under the Mr. BUCHANAN, of New Jersey. I wish to object.to the arrange call can be dispensed with. ment in that shape. I have two substantial amendments which I have The SPEAKER. We are not now proceeding under a call. The here ofimportnnce-- question is whether there shall bo a call of the House. Mr. HOOKER. Ilut he gives you the right to offer them. Mr. PAYSON. Then let the question be put in another way, that Mr. BUCHANAN, of New Jersey. I am aware of that, if the gen by unanimous consent further proceedings under the roll call be dis tleman wHl excuse me; but 1 desire a few momenta on each of my pensed with, and the request which I have just made, which I hope amendments to explain them. will be satisfactory to the House, be submitted for unanimous consent. Mr. P A.YSON. How long does the gentleman want? The SPEAKER. The Chair thinks that an interruption of a roll Mr. BUCHANAN, of New Jersey. Five minutes on each will be call in this manner is something that ought not to be permitted. sufficient. Mr. PAYSON. It can bo

Ur. BERGEN. I shall object. It seems to me this bill had better ELIJAII LILLY VS. TIIE UNITED STATES. come up in its regular order. It is a very important ~easure. Letter from the assistant clerk of the Court of Claims, transmitting Mr. PAYSON. For that reason it ought to be considered. a copy of the :findings filed by the court in the case of Elijah Lilly against The SPEAKER. Objection is made. The United States-to the Committee on War Claims. · .lfr. PAYSON. Does the gentleman from Ohio [Mr. BOOTHMAN] still insist on his objection? - ROBERT QUINN VS. THE UNITED STATES. M:r. BOOTHMAN. I think I shall insist on that objection. We Letter from the assistant clerk of the Court of Claims, transmitting ought to have a private-bill day. · a copy o·f the findings filed by the court in the case of Robert Quinn _1\Ir. McKINLEY. I move that the House do now adjourn. against The United States-to the Committee on War Claims.

The motion was agreed to. MATHILDE M. FAIREX, ADMINISTRATRIX OF DANIEL FAIREX7 DE Pending the announcement-of the vote on adjournment, the follow CEASED, VS. TllE UNITED STATES. ·ing business was tra~sacted: Letter from the assistant clerk of the Court of Claims, transmitting EYROLLED DILLS SIGNED. a copy of the findings filed by the conrt in the case of Mathilde lli1. Mr. KENNEDY, from the Committee on Enrolled Bills, reported Fairex, administratrix of Daniel Fairex, deceased, against The United that the committee had examined and found truly enrolled bills of the States-to the Committee on War Claims. following titles; when the Speaker signed the same: WILLIAM B. SOUTII, EXECUTOR OF DAVID SOUTII, DECEASED, VS. THE A bill (II. R. 115~7) to amend chapter 1065 of the acts of ~he first UNITED STATES. session of the Filtieth Congress; and _ Letter from the assistant clerk of the Court of Ciaims, transmitting A bill (H. R. 12447) to authorize the payment of drawback or rebate a copy of the findings filed by the court in the case of William B. South, ~ in certain cases. executor of David South, ueceased, against The United States-to. the LEAVE OF ABSENCE. _Committee on WarClaims. Mr. MOREY, by unanimous consent, obtained leave' of absence for TIIOl\IAS S. GALLOWAY:, AD~IINISTRATOR OF SALLIE M. PARISH, DE five dayf!, on account of important business. CEASED, VS. TIIE UNITED STATES. The result oft.he vote was then announced;1and accordingly (at 5 o'clock and 5 minutes p. m.) the House adjourned. ' Letter from the assistant clerk of the Court of Claims, transmitting a r.opy of the findings filed by the court in the case of Thomas S. Gallo way: administrator of Sallie M. Parish, deceased, against The United EXECUTIVE AND OTHER COMMUNICATIONS. States-to the Committee on War Claims. · Under clause 2 of Rule XXIV, the following communications were UTAII COl\I~IISSION. taken from the Speaker's table and referred as follow~ : A communication froin the president of the Utah Commission of NEW NAVAL OBSERVATORY. Registration and Elections, submitting the annui;i.l report of that com A letter from the SE1cretary of the Treasury, transmitting a copy of ·mission-to the Committee on Printing. a communication from the Secretary of the Navy, with estimates of additional appropriations for the new Naval Observatory for the fiscal RESOLUTIONS. year ending June 30; 1892-to the Committee on Appropriations. Under clause 3 of Rule XXII, the following resolution was intro- BOARD FOR ADVANCEMENT OF INTERESTS OF MERCIIANT MARINE. duced and i·eferred as follows: · A communication from the Secretary of the· Treasury, in response By Mr. CRANE: to a concurrent resolution of Congress, agreed-to by the House of Repre Resolved, That the bill (H. R. 3463) for the relief of Cornelius Phetzing, together sentatives September 29, 1890, submitting a bill to establish a marine with the report of the Court of Claims case, Congressional No.1200, on January board for the advancement of .the interests of the merchant marin& 8 1889, with all the accompanying papers, be resubmitted to the Court of Claims f~r further investigation, under act of l\Iarch 3, 1883, and the act to provide for t-0 the Committee on Merchant Marine and Fisheries. _bringing of l!!uits against the Government of the United States, approved Ma1·ch 3, 1887; NATIONAL ARMORY, SPRIXGFIELD1 l\IASS. A communication from the Secretary of War; submitting a statement to the Committee on War Claims. of the expenditures at the National Armory, Springfield, ~lass., for the year ended June 30, 1890-to the Committee on Expenditures in the REPORTS OF COMMITTEES. War Department. JOHN D, CON ARD VS. THE UNITED STATES. Under clause 2 of Rule XIII, reports of committees were delivered to the Clerk and disposed of as follows: Letter from the' assistant clerk of the Court of Claims, transmitting Mr. DE LANO, from the Committee on Pensions, reported favor a copy of the :findings filed by the court in the case of John D. Conard ably the bill of the House (H. R. 1124:4) for the relief of Frances T. against the United States-to the Committee on War Claims. Dana, accompanied by a report (No. 3275)-to the Committee of the R. VAN IlALSAN, ADl\IINISTRATOR OF HEXRY VAN BALSAN, DECEASED, Whole House. · VS. THE U~""ITED STATES. - Mr. SNIDEH, from the Committee on Military Affairs, reported favor , Letter from the ~istant clerk of the pourt of Claims; transmitting ably the bill of the House (H. R. 11813) to correct the military record a copy of the finding of the court in the case of R. Van Balsan, admin of Patrick Mackin, accompanied by a report (No. 3276)-to the Com- istrator of Henry VaQ. Balsan, against T'!"te United States-to the Com mittee of the Whole Jlouse. · mittee on War Claims. , :Ur. MORRILL, from the Committee on Banking and Currency, re ported favorably the bill of the Senate (S. 1535) to subject to State tax FREEDMAN'S SAVINGS AXD TRUST COMPANY. ation national-bank notes and United States '.freasury notes1 accom A communication from the commissioner of the Freedman's Savings panied by a report (No. 3277)-to the House Calendar. and Trust Company, submitting his annual report for the year ended !\Ir. HENDERSON, of Illinois, from the Committee on Rivers and - November 30, 1890-to the Committee on Printing. -Harbors, reported favorably the bill of the House (H. R. 12536) to fa SA.lITT}EL E. ROGERS VS. THE UNITED STATES. cilitate the collection of commercial statistics required by sections 2 of Letter from the assistant clerk-of the Court of Claims, transmitting the river and harbor appropriation acts of 1866 and 1867, accompanied a copy of the findings in the case of Samuel E. Rogers against The by a report (No. 3278)-to the House Calendar. United States-to the Committee on War Claims._ · .Mr. MOREY, from the Committee on the Territories, reported with amendment the bill of the House (H. R.123U5) toauthorizeOklahoma H"ENRIETTA G. YOUXGS AND FANNIE H. YOUNGS, EXECUTRIOES OF Citv, in Oklahoma Territory, to issue bon"ds to provide a right of 'vay THOMAS F. YOUXGS, DECEASED, VS. TIIE UNITED STATES. for "the Choctaw Coal and Railway Corp_pany through said city, accom Lett~r from the assistant clerk of the Court of Claims, transmitting panied by a report (No. 3279)-to the House Calendar. a copy of the order dismissing the case of Henrietta G. Youngs and FannieH. Youngs, executrices ofThomasF. Youngs, deceased, against The United States-to the Committee on War Claims. Il!LLS AND JOINT RESOLUTIONS• . WILLIAM T. MANSON VS. TIIE UNITED STATES. Under clause 3 of Rule XX!I, bills and a joint resolution of the fol ·Letter from the assistant clerk of the Court of Claims, transmitting lowing titles were introduced, severally read twice, and referred as fol a copy of the findings filed by the court in the case of William T. Man lows: son against The United States-to the Committee on War Claims. By Mr. RUSK: A bill (H. R. 12571) to authorize the sale to tho Schuylkill River East Side Railroad Company of a lot of ground be REFORMED CIIU.RCII, SIIARPSBURGII, WASHINGTON COUNTY, MARY- longing to the United States Naval Asylum, in the city of Philadelphia, LAND, VS. TIIE UNITED STATES. and providing that the amount of moneys received shall be expended Letter from the assistant clerk of the Com;t of Claims, transmitt\ng in the improvement of the Na.val Asylum at Philadelphia-to the Com a copy of the• :findings filed by the court in the case of the Reformed mittee on Naval Affairs. Church, Sharpsburgh, Washington County, Maryland,-against The By 1\-fr. MILLIKEN (by request): A bill (H. R.12572) to authorize United States-to the Committee on War Claims. the Washington and Chesapea~e Railroad Company to extend jts road

( l 1890. CONGRESSIONAL RECORD-HOUSE. 357 into the District of Columbia-to the Committee on the District of Co tained ·during the late rebellion, amounting to $7,524.32-to the Com- lumbia. mittee on War Claims. · By Mr. BURROWS: A bill (H. R. 12574) to amend an act entitled By Mr. CARLTON: Petition of citizens of Athens, Ga., asking an "An act to adjust the salaries of postmasters," approved 1\Iarch_ 3, amendment to tariff bill-to the Committee on Ways and Means. 1883-to the Committee on the Post Office and Post Roads. By Mr. CASWELL: Petition of Charles Jones and 13 others, citi By Mr. CARTER: A bill (H. R.12575) to restore to the public do zens and officers of Racine, Wis., praying for the pass.age of House bill main all of Fort Assinniboine reservation, except 4 miles square re 892 iu aid of the Life-Saving Service-to the Committee on Com~erce. quired for the post Fort Assinniboine-to the Committee on Military By Mr. COVERT: Petition of William B. Long and others, in favor Affairs. of House bill 892 to promote the efficiency of the Life-Saving Service By Mr. DARGAN: A bill (H. R. 12576) to complete and render pass to the Committee on Commerce. able the road from the town of Florence, S. C., to the national ceme Dy Mr. GEST: Petition for increase of pension to Joseph l\1ason tery in the vicinity of said town-to the Committee on Military Affairs. to the Committee on Pensions. By Mr .• GROUT (by request): A bill (H. R.12577j to amend act in By Afr. HEARD (by request): Resolutions adopted by the Father corporating the Washington and Georgetown Railroad Company-to Matthew Society of Washington, D. C., in favor of the passage of the the Committee on the District of Columbia. hiah-license bill now pending before Congress and approved by the By Mr. CONNELL: A bill (H. R.12578) for the retirement of na co~missioners of the District ·ot Columbia-to the Select Committee tional-bank currency and to restore to the channels of trade the excess on the Alcoholic Liquor Traffic. - ive accumulations of lawful money in the Treasury, \\Dd for other pur By Mr. HENDERSON:, of Iowa: Resolution adopted by the National poses-to the Committee on Banking and Currency. Farmers' Congress, at Council Bluffs, Iowa, August 26-29, 1890, op By Mr. DINGLEY: A joint resoiution (H. Res. 251) to correct an posing the bu~ing and selling o~ agricultura~ and mechanical product:a error of punctuation in the tariff act of 1890-to the Committee on as option deahng-to the Committee on Agriculture. Ways and Means. By Mr. LACEY: Petition of S. W. Brunt and others, of Keokuk . County, Iowa, for passage of the Butterworthoption bill-to the Com mittee on Agriculture. PRIVATE BILLS, ETC. Also, petition of S. W,, Brunt and others, for ti..te passage of the Con Under clause 1 of Rule XXII, private bills of the following titles ger lard bill-to the Committee on Agriculture. were presented and referred as indicated below: By Mr. McCREARY: Petition. of ~ennet Cloyd, of Boyl_e County, Dy Air. BLAND: A bill (H. R. 12579) to place on the pension roll the Kentucky praying reference of his claim to the Court of Claims under nnme of Burton Robertson-to the Committee on Invalid Pensions. the Bowm~n act-to the Committee on War Claims. By Mr. DOLLIVER: A bill (II.Jl.12580) for the relief of John A. Also, petitionofC. A. Walk~r, executorofJo?nL. Walker, deceased, Tomlinson-to the Committee on Pensions. for same relief-to the Comm1ttee on War Claims. By Mr. GEST: A bill (H. H. 12581) to increase the pension of Joseph Bv Mr. McCOl\1AS: Petition of certain citizens of Maryland for pas- M:ason, of Dallas City, Ill.-to the Committee on Pensions. sage of an amendment to the tariff law relating to manufactured to- By Mr. GREENHALGE: A bill (II. R. 12582) authorizing the Presi- bacco-to the Committee on Ways and Means. dent to place upon the retired list of the Army Sergt.. Francis Long Also, petition of other citizens of same State for same measure-to· and others, of the Signal Corps United States, survivors of the Lady the Committee on Ways and Means. Franklin Bay expedition-to the Com~ittee on Military Affairs. By Mr. McDUFFIE: Petition on claim of Nelly Childers, of Walker By Mr. GROSVENOR: A bill (H. R. 12583) granting a pension to County, Georgia-to the Committee on War Claims. . Lorain McCook-to the Committee on Invalid Pensions. Also, petition on claim of George S: Tucker, of Manon County, Ala- Also, a bill (H. R. 12584) to direct tbe Secretary of the Treasury to bama-to the Committee on War Claims. pay balance of a year's salary to the widow of .the late Chief Justice Also, ·petition on claim of Jesse Underwood, of Marion County, Geor- Waite-to the Committee on Claims. gia-to the Committee on War Claims. By Mr. GROUT: A bill (H. R. 't2585) increasing pension of Lafa- - Also, petition on claim of Joseph C. Barclift, of Blount County, Ala- yette Soper, of .Morrissville-to the Committee on Invalid Pensions. bama-to the Committee on War Claims. By Mr. LODGE: A bill \H. R. 12586) to increase the pension of Also, petition on claim of Samuel C. Roberts, of Marion County, Ala- Frederick W. Lincoln-to the Committee on Invalid Pensions. bama-to the Committee on War Claims. By Mr. MOORE, of New Hampshire: A bill (H. R. 12587) granting By Mr. O'NEILL, of Pennsylvania.: Petition of Louise C. Stillc,ask- an increase of pension to Harrison De F. Young-to the Committee on ing for a pension-to the Committee on Invalid Pensions. Invalid Pensions. By Mr. PARRETT: Petition of Rayon Brothers and 13 other business By Mr. MORSE: A bill (H. R.12588) to remove the charge of deser- firms of the city-of Evansville, Ind., for passage of rebate amendment t.ion from the military record of James Gradey, late Company G, Third to the tariff and tax act approved October 1, 1890, on unbroken pack United States Infantry-to the Committee on Military Affairs. ages of smoking and manufactured tobacco and snuffs-to the Com By Mr. O'FERRALL: A bill (H. R.12589) for the reliefofthe legal mittee on Ways and Means. representatives of Isaac Fisher, deceased, late of Shenandoah County, By Mr. PAYNTER: Petition of Eugene A. Shaw, to increase pen- Virginia-to the Committee on War Claims. sion-to the Committee on Invalid Pensions. Also, a bill (H. R. 12590) for the relief of Casper Rinker, of Fred- By Mr. RAINES: Petition of citizens of Clifton Springs, Ontario erick County, Virginia-to the Committee on War Claims. County, New York, for a rebate on tobacco taxes-to the Committee Dy Mr. O'NEILL, of Pennsylvania: A bill (H. R.12591) granting , on Ways and Means. a pension to Mrs. Louise C. Stille-to the Committee on Invalid :Pen- Also, petition from citizens of Yates County, New York, for same re~ sions. - lief-to the Committee on Ways and Ueans. By Mr. QUACKENBUSH: A bill (II. R.12592) granting pension to Ry Mr. SIIER:AfAN·: Petition of Ethridge & Co. and others, citizens Capt. Joseph Egolf, late of Second New York Infantry Volunteers and of Home, N. Y., praying for an amendment to the tariff bill-to the One hundred and twenty-fifth New York Volunteers-to the Com- Committee on Ways and Means. . · mittee on Invalid Pensions. Dy Mr. STONE, of Kentucky: Petition of Eva.line D.icas, of Wayne By Mr. SAUTH, oflllinois: A bill (H. R. 12593) granting a pension County, Tennessee, for reference of claim to Court of Claims under the to M.rs. Nancy Carter, widow of Laban Carter, deceased-to the Com- provisions of the Bowman act-to tbe Committee on War Claims. mittee on Invalid Pensions. • Also, petition of John S. Carroll, of McNairy County, Tennessee, for By Mr. STRUBLE: A bill (H. R. 12594) to increase the pension of same relief-to the Committee on War Claims. Ephraim Wood, late a private in Company C, Sixty-sixth Regiment Also, petition of James M. Cook, of Giles County, Tennessee, for Illinois Volunteer Infantry-to the Committee on Invali

Byl'rfr. EZRAB. TAYLOR: Petition of Jacob Winans, for restoration Mr. EVARTS presented a petition of the Maritime Association of the to the pension rolls-to the Committee on Invalid Pensions. port of New York, praying for a reduction of letter postage to 1 cent By l\fr. THOMAS: Petition of Hans Galsteed and 12 others, mem per ounce; which was referred to the Committee on Post-Offices and. bers of the Farmers' Alliance of Westby, Vernon County, Wisconsin, Post-Roads. praying the speedy passage of House bill 5353, defining options and He also presented a petition of the Maritime Association of the port futures and imposing a tax on dealers therein-to the Committee on of New York, praying for tho passage of Senate ~ill 3739," to provide Agriculture. · for ocean mail service between the United States and foreign ports, and By Mr. VANDEVER: Petition of the United States marshal of to promote commerce,'' or some other measure embracing such provis the northern district of California that the law be so amended as to al ions; which was referred to the Committee on Commerce. low him to charge fees that a United States marshal of Nevada anu Mr. PIERCE presented a petition of citizens of :Morton County, Oregon is allowed to charge-to the Committee on the Judiciary. North Dakota, praying that more troops be stationed at Fort Abraham Also, petition from certain citizens of California for a rebate on Lincoln in that State; which was referred to th,_, Committee on Mili manufactured tobacco and snuff-to the Committee on Ways and tary Affairs. Means. Mr. WILSON, of Iowa, presented resolutions of Farmers' Alliance By Mr. WILLCOX: Resolution of Jefferson Council asking for a re No. 1639, of Forest Grove, Iowa; resolutions of Farmers' Alliance 1118, striction of foreign immigration-to the Select Committee on Immigra of Rose Hill, Iowa; resolutions of Farmers' Alliance 1382, of Maple River, tion and Naturalization. Iowa, and resolutions of Farmers' Alliance 1106, of Greene County, Iowa, praying for the passage of what is known as the Conger lard bill; which were referred to the Committee on Agriculture and For estry. SEN.ATE. Ile also presented resolutions of Typographical Union No. 192, of Cedar Rapids, Iowa, in favor of the passage of House bill 8046, relating FnrnAY, December 12, 1890. to the reduction of wages in the Government Printing Office; which were ordered to lie on the table. Prayer by Rev. D. J. McMILLAN, D. D., of New York City. REPORTS OF COMMITTEES. W ATSO~ C. SQUIRE, a Senator from the 81.ate of Washington, appeared in his seat to day. 1 Mr. BARBOUR, from the Committee on the District of Columbia, The Journal of yesterday's proceedings was read and approved. to whom was referred the bill (S. 695) to incorporate the Georgetown , and Arlington Railway Company of the District of Columbia, asked PETITIONS AND lUEl\IORIALS. to be discharged from its further con~eration, and that it be referred to J'rfr. ALLISON presented resolutions adopted by the Farmers' Alli, the Commit.tee on Military Affairs; which was agreed to. ance of the State of Iowa in annual session at Des Moines, October 29, Mr. V_EgT, from the Committee on Public Buildings and Grounds, 1890; resolutions adopted by the Butter, Cheese, and Egg Association to whom were referred the following bills, reported them severally with of the State of Iowa in its fourteenth annual convention at Fort Dodge, out amendment: November 5 and 7, 1890, and resolutions adopted by the National A bill (H. R. 7630) to increase the limit of cost of the public building Farmers' Alliance of the State of Indiana, held at Fort Wayne, June 4 at Charleston, S. C.; and 5, 1890, favoring the pa.ssage of the so-called Conger lard bill; A bill (H. R. 630) to provide for the erection of n public building at which were ordered to lie on the table. Reidsville, N. C.; He also presented resolutions adopted by the Farmers' Alliance of A bill (H. R. 93) for the erection of a public building at Camden, the State of South Dakota, held at Huron, S. Dak., June4, 1890, favor Ark.; and ing the passage of what are known a.s the Butterworth anq Conger A bill (H. R. 178) to provide for enlarging the proposed public build bills: which were ordered to lie on the table. ing at Savannah, Ga.,' the purchase of another site if practicable, and He also presented a petition·or the Improved Stock Breeders' Asso for the sale of the present site. ciation of the State of Iowa, held at Oskaloosa, Iowa, December 3 to He also, from the same committee, to whom was referred the bill 5, 1890, praying for the passage of an amendment to the interstate (H. R. 5380) to provide for the construction of a public building at commerce act; which was referred to the Committee on Interstate Davenport, Iowa, reported it without amenament. Commerce. · l\Ir. INGALLS, from the Committee on the District of Columbia, to .Mr. PADDOCK. I present a meniorialofdelegates representing the whom was referred the bill (H. R. 9105) requiring the street railway Farmers' Alliance and Industrial Union of twenty-five States and three companies of the Dist,rict of Columbia to make annual reports, reported Territories, nnd a resolution aqopted by the supre~e council of the it with amendments. Farmers' Alliance and Industrial Union recently held at Ocala, Fla., Mr. SPOONER, from the Committee on Public Buildings and praying for the passage of Senate bill 3991, known as the pure-food bill Grounds, to whom was referred the bill (H. R. 256) providing for a and protesting against the passage of Hoose bill 11568, known as th~ public building in South Bend, Ind., reported it without amendment. Conger lard bill. As these bills are pending before the Senate, I move He also, from the same committee, to whom was referred the bill (H. that the memorial and re.solution lie on the table. · R. 196) for the erection of a public building at the city of Blooming The motion was a~reed to. ton, Ill., reported it with amendments. Mr. PADDOCK presentecl a petition of a committee of the American He also, from. the same committee, to whom was referred the bill Bar Association, praying for the passn.ge of some measure for the relief (H. R. 4403) for the erection of a public baildin~ at Akron, Ohio, re of the Supreme Court; which was ordered to lie on the table. ported it with an amendment. ' Mr. STOCKBRIDGE presented a petition of a committee of the American Bar Association, praying Congress to ta.ke action at this session BILLS INTRODUCED. for the relief of the Supreme Court of the United States; which was Mr. SHERM.AN (by request) introduced a bill (S. 4606) for the relief ordered to lie 012 the table. of John A. Lynch; which was read twice by its title, and referred to l\fr. McMILLAN presented a petitio12 of the Jackson (Mich.) Typo the Committee on Claims. graphical Unim;i, and a petition of Typographical Union No. 72, of !\Ir. IlOAR. I have been requested by a communication from the Lansing, Mich., praying for the restoration of the former scale of wages Wage-Workers' Political Alliance of. the District of Columbia to in at the Government Printing Office; which were ordered to lie on the troduce a bill. I have not been able to give the bill a thorough study, table. as I should like to do, and therefo!'e I am not able to express an opin- :Mr. BUT:i:.ER. I present the petition of Robert H. Cockroft, Annie ion about it myself. · Smith, Lomsa Branch, and others, citizens of Columbia., S. C., praying The bill (S. 4607) to establish a department of elections, and for that the sum of 53,059.98 be awarded to them as the heirs at law and other purposes was read twice by its title, and referred to the Commit- distributees of the estate of Abraham Cockroft, and that such legisla tee on Privileges and Elections. · tion may be had as will curry the petition into effect. The petition js He also introduced a bill (S. 4608) to remove the charge of desertion signed by W. S. Monteith, administrator and attorney in fact of the from the military record of James Gradey; which was read twice by heirs. I believe the Committee on Finance bas jurisdiction of this sub its title, and, with the accompanying papers, referred to the Commit ject, and I therefore move that the petition be referred to that commit tee on 1\Iili tary Affairs. tee. Mr. BLODGETT introduced a bill (S. 4609) to increase the pension The motion was agreed to. of Richard Brown; wllich was read twice by its title, and referred to Mr. l\1oPHERSON presented the memorial of Perry Chamberlin and the Committee on Pensions. 2 other citizens of Englewood, N. J., the memorial of John Leonard Mr. CAREY introduced a bill (S. 4610) granting to tho State of and 13 other citizens of Trenton, N. J., the memorial of William S. Wyoming certain lands in the Fort D. A. Russell military reservation Mills and 11 other citizens of Trenton, N. J., the memorial of Oliver for agricultur:;iol fair and indUBtrial exposition grounds, and for other D. Graves, C. Becker, and 91 other citizens of Cumberland County, purposes; which was rea.d twice by its title, and referred to the Com New Jersey, and the memorial or James W. Cook and 15 other citizens mittee on :Military Affairs. of Trenton, N. J., remonstrating against the passage of the Federal He also introduced a bill (S. 4611) making an appropriation to reim elections bill; which were ordered to lie on the table. burse the State of Wyoming for moneys expended in the protection of