1570 CONGRESSIONAL RECORD-SENATE. FEBRUARY' 9,
Also, memorial of Vessel Owners and Captains' Association of Mr. HOAR presented petitions of the congregation of the Metho Philadelphia, Pa., favoring the establishment of a department dist Episcopal Church of Clinton; of the Woman's Christian Tem of commerce and industries-to the Committee on Interstate and perance Union of Worcester County, and of the congregation of Foreign Commerce. the Baptist Chur.ch of Clinton, all in the State of :Massachusetts, Also, petition of the Chamber of Commerce and Board of Trade praying for the enactment of legislation to prohibit the sale of of Tacoma, Wash., asking for the unrestricted opening of the intoxicating liquors in all Government buildings; which were Puyallup Indian Reservation, in the State of Washington-to the referred to the Committee on Public Buildings and Grounds. Committee on the Public Lands. Mr. COCKRELL. I present a memorial signed by citizens of Also, petition of the Christian Endeavor Society of Freeland, Linn Coun·ty, Mo., remonstrating against the passage of a general Pa., for the passage of a bill to prohibit the sale of liquors in Gov bankruptcy law. The memorial is only ten or fifteen lines long. ernment buildings-to the Committee on Public Buildings and With it I received a letter from Marshall Field & Co., of Chicago, Grounds. presenting objections to the passage of any bankruptcy law. I Also, protest of the officers of the Polish National Alliance of the ask that the memorial, without the names, and the letter be printed United States, in opposition to the Lodge immigration bill-to as a document and referred to the Committee on the Judiciary. the Committee on Immigration and Naturalization. The VICE-PRESIDENT. Is there any objection? The Chair hears none, and that will be the order. Mr. COCKRELL. I present a petition of Local Union No. 35, SENATE. of the United Association of Journeymen Plumbers, Gas Fitters, Steam Fitters, and Steam Fitters' Helpers of the United States WEDNESDAY, Februa1·y 9, 1898. and Canada, of St. Louis, Mo., praying for the adoption of an amendment to Senate bill No. 3300, to regulate plambing and gas Prayer by Rev. F. B. MEYER, D. D., of London, England. . fitting in the District of Columbia, now before the Committee on The Secretary proceeded to read the Journal of yesterday's pro the District of Columbia. I move that the petition be referred to ceedings, when, on motion of Mr. KYLE, and by unanimous con that committee to accompany the bill in its consideration. sent, the further reading was dispensed with. The motion was agreed to. GOVERNMENT ARMOR FACTORY. Mr. COCKRELL presented a petition of Union No. 75, United The VICE-PRESIDENT laid before the Senate a communica Brotherhood of Carpenters and Joiners, of Kansas City, Mo., tion from the Secretary of the Navy, transmitting, in connection National Building Trades Council of America, praying for the with the Department's letter of the 2d instant, a bid by the Com enactment of legislation to provide for the safety of mechanics mercial Club of Anderson, Ind., relative to the proposal for land, and others who work on buildings; which was referred to the buildings, and machinery for an armor factory; which, with the Committee on Public Buildings and Grounds. · accompanying papers, was referred to the Committee on Naval He also presented a petition of Union No. 75, United Brother Affairs, and ordered to be printed. hood of Carpenters and Joiners, of Kansas City, Mo., praying for the adoption of a proposed amendment to the eight-hour law; CUSTOMS COLLECTION DISTRICTS. which was referred to the Committee on Education and Labor. The VICE-PRESIDENT laid before the Senate a communica He also presented a petition of Union No. 75, United Brother tion from the Secretary of the Treasury, transmitting a draft of a hood of Carpenters and Joiners, of Kansas City, Mo., praying that bill to authorize the consolidation of customs collection districts; the right of suffrage be granted to the people of the District of which, with the accompanying papers, was referred to the Com Columbia; which was referred to the Committee on the Diitrict mittee on Commerce, and ordered to be printed. of Columbia. ENROLLED BILLS SIG!-."'ED. Mr. KYLE. I present a petition from 500 settlers o.n the Yank ton Reservation, S. Dak., praying for the passage of the free A message from the House of Representatives, by Mr. W. J. homestead bill. As that bill has passed the Senate and gone to BROWNING, its Chief Clerk, announced that the Speaker of the the House, I move that the petition lie on the table. House had signed the following enrolled bills; and they were The motion was agreed to. thereupon signed by the Vice-President: Mr. LODGE presented a petition of the Board of Trade of A bill (S. 492) granting a pension to Ella D. Cross; Northampton, Mass., praying for the construction and control of A bill (S. 1321) granting a pension to Emily E. Atherton; the Nicaragua Canal by the United States; which was referred A bill (S. 1581) granting a pension to Mary W. C. Burgess; to the Select Committee on the Construction of the Nicaragua A bill (S. 1890) granting an increase of pension to Benjamin F. Canal. Tuck; and He also presented a petition of the Massachusetts Ship Canal A bill (H. R. 5029) for the purchaseorconstructionofasuitable Company, praying that a survey be made of the approaches to vessel for service on the Yukon River, Alaska. their canal location across Cape Cod from Massachusetts Bay to PETITIONS AND MEMORIALS, Nantucket Sound; which was referred to the Committee on Com Mr. F AffiBANKS presented the memorial of Dr. George F. merce. Powell, secretary of the Tippecanoe County Medical Society, of He also presented a petition of the Boston (Mass.) Associated Lafayette, Ind., remonstrating against the passage of Senate bill Board of Trade, praying Congress to take such action as will No. 1063, for t.he further preve"tltion of cruelty to animals in the provide for a force of artillerymen adequate in number to care District of Columbia; which was referred to the Committee on for the modern armament with which our harbor defenses are the District of Columbia. now and will be equipped; which was referred to the Committee He also presented petitions of George H. Hill, pastor, and 350 on Coast Defenses. members of the Grace Methodist Episcopal Church, of Richmond; He also presented a petition of the Boston (Mass.) Fruit and of Isaac M. Hughes, pastor, and the congregation of the First Produce Exchange, praying for the ratification of a reciprocity Presbyterian Church of Richmond, and of 100 members of the treaty with the Dominion of Canada and the Crown Colony of Woman's Christian Temperance Union of Richmond, all in the Newfoundland; which was referred to the Committee on Foreign State of Indiana, praying for the enactment of legislation prohib Relations. iting the sale of intoxicating liquors in the Capitol and all Gov He also presented a memorial of the common council and ernment buildings; which were referred to the Committee on board of aldermen of Boston, Mass., remonstrating against the Public Buildings and Grounds. proposed reduction in the letter-carrier force of that city; which Mr. DEBOE presented petitions of the congregation of the was refen·ed to the Committee on Post-Offices and Post-Roads. Methodist Church; of the Russell Epworth League; of the con He also presented the petition of R. R. Nickerson, of Holyoke, gregation of the First Christian Church; of the Young People's Mass., praying for the passage of the so-called Loud bill, relating Society of Christian Endeavor; of the Baptist Young People's to second-class mail matter; which was referred to the Committee Union; of the Second Christian Sunday School; of Lodge No. 65, on Post-Offices and Post-Roads. Independent Order of Odd Fellows; of the congregation of the He also presented a petition of the Woman's Christian Temper Baptist Church, and of the Yotmg People's Society of Christian ance Union of South Boston, Mass., and a petition of the Young Endeavor of the First Christian Church, all of Glasgow, and of the People's Christian Union of Malden, Mass., praying for the enact congregation of the Methodist Episcopal Church South of Temple ment of legislation to prohibit the sale of intoxicating liquors in Hill, all in the State of Kentucky, praying for the enactment of all Government buildings; which were referred to the Committee legislation to protect State anti-cigarette laws by providing that on Public Buildings and Grounds. cigarettes imported in original packages on entering any State He also presented a petition of the Woman's Christian Temper shall become subject to its laws; which were referred to the Com ance Union of South Boston, Mass., praying for the enactment of mittee on Interstate Commerce. legislation to prohibit the transmission by mail or interstate com Mr. HAWLEY pr€sented a petition of the Wholesale Grocers' merce of newspaper descriptions of prize fights; which was referred Association of Southern NewEngland, praying that the Connect to the Committee on Interstate Commerce. icut River be made navigable from Hartford to Holyoke; which He also presented a petition of the Woman's Christian Temper was referred to the Committee on Commerce. ance Union of South Boston, Mass., praying for the enactment of 1898. CONGRESSIONAL REOORD-SENA~J:lE. 1571 legislation to prohibit the interstate transmission of lottery mes shall become subject to its laws; which were referred to the Com sages and other gambling matter by telegraph; which was referred mittee on Interstate Commerce. to the Committee on the Judiciary. · Mr. GRAY presented a petition of Pomona Grange, No.3, Pa He also presented a petition of the Woman's Christian Temper trons of Husbandry, of Sussex County, Del., praying that an ade ance Union of South Boston, Mass., praying for the enactment of quate appropriation be made to foster further experiments in the legislation to substitute voluntary arbitration fo: railway strikes; manufacture of sugar from sorghum cane; which was referred to which was referred to the Committee on Education and Labor. the Committee on Agriculture and Forestry. He also presented a petition of the Woman's Christian Temper Mr. PETTIGREW presented sundry papers in support of the ance Union of South Boston, Mass., praying for tho enactment of bill (S. 1790) for the relief of John Cashner; which were referred legislation to prohibit kinetoscope reproductions of pugilistic en to the Committee on Military Affairs. counters in the District of Columbia and the Territories and the He also presented sundry papers in support of the bill (S. 1791) interstate transmission of materials of the same; which was or for the relief of Levi Carnrike; which were referred to the Com dered to lie on the table. mittee on Military Affairs. He also presented a petition of the Woman's Christian Temper He also presented sundry papers in support of the bill (S. 1792) ance Union of South Boston, Mass., praying for the enactment of for the relief of Wallace Weller; which were referred to the Com a Sunday-rest law for the District of Columbia; which was re- mittee on Military Affairs. ferred to the Committee on the District of Columbia. · He also presented a petition of the Woman's Christian Temper CONSTITUTION OF REPUBLIC OF CUBA. ance Union of South Boston, Mass., praying for the enactment of Mr. CANNON. I present a copy of the constitution of theRe legislation to raise the age of protection for girls to 18 years in public of Cuba, together with brief sketches of the President of the District of Columbia and the Territories; which was ordered the Republic and his cabinet. I move that the papers be printed to lie on the table. as a document. He also presented a petition of the Woman's Christian Temper- The motion was agreed to. ance Union of South Boston, Mass., and a petition of the Young REPORTS OF COMMITTEES. Woman's Christian Temperance Union of Lynn, Mass., praying M MITCHELL f th c ·tt p · h for the enactment of legislation to protect State anti-cigarette r. • rom e ommi ee on ens10ns, tow om laws byprovidingthatcigarettes imported in original packages on was referred the bill (S. 1066) granting a pension to Ole Steens entering any State shall become subject to its laws; which were land, submitted an adverse report thereon, which was agreed to;. referred to the Committee on Interstate Commerce. and the bill was postponed indefinitely. Mr. GEAR presented a petition of the congregation of the United Mr. ALLISON· J am directed by the Committee on Appropri- Presbyterian Churchof_Winfield, Iowa, praying for the enactment ations, to whom was referred the bill (H. R. 6896) making appro of legislation prohibiting the sale of intoxicating liquors in all priations for. the current and contingent expenses of the Indian Government buildings; which was referred to the Committee on Department and for fulfilling treaty stipulations with various Public Buildings and Grounds. Indian tribes for the fiscal year ending June 30, 1899, and for Mr. BAKER presented a J;D.emorial of sundry citizens and busi- other purposes, to report it withamendments; and I submit with it a brief report, which I ask to have printed. I desire to give ness men of Fort Scott, Kans., remonstrating against the enact- notice that to-morrow morning, after the ordinary routine busi- ment of a general bankruptcy law; which was ordered to lie on ness, I shall aslr the Senate to consider the bill. 8 thH~ ~~~ presented a petition of the Woman's Christian Temper- The VICE-PRESIDENT. The bill will be placed on the Cal- endar. ance Union of Winfield, Kans., praying for the enactment of leg- M HALE I a· t db th c •tt N 1 · islation to substitute voluntary arbitration for railway strikes; r. · am Irec e Y e ommi ee on ava Affairs to report an amendment intended to be proposed to the Naval which wasi·eferred to the.Committee on Education and Labor. appropriation bill, the amendment relating to the purchase of He also presented a petition of the Woman's Christian Temper- armor plate. I move that th~ amendment be referred to the Com- ance Union of Winfield, Kans., praying for the enactment of leg- . d . d islation to prohibit interstate gambling by telegraph, telephone, mittee on Appropnations an prmte · - The motion was agreed to. or otherwise; which was referred to the Committee on the Judi- Mr. BUTLER, from the Committee on Naval Affairs, to whom ci~~·also presented a petition of the Woman's Christia~ Temper- was referred the bill (S. 219) donating condemned cannotl and ance Union of Winfield, Kans., praying for the enactment of leg- condemned cannon balls to S. A. Douglas Post, No. 69, Grand islation to protect State anti-cigarette laws by providing that Army of the Republic, Department of Nebraska, at North Platte, cigarettes imported in original packages on entering any State ~~~~n~eported it without amendment, and submitted a report shall become subject to its laws; which was referred to the Com- He also, from the same committee, to whom was referred the mittee on Interstate Commerce. He also presented a petition of the Woman's Christian Temper- bill (S. 641) donating condemned cannon and cannon balls to ance Union of Winfield, Kans., praying for the enactment of leg- Wadsworth Post, Grand Army of the Republic, of Helena, Mont., islation to raise the a!?e of protection for girls to 18 years in the reported it with an amendment, and submitted a report thereon...... Mr. COCKRELL. On February 7, I presented a petition from District of Columbia and the Territories; which was ordered to the National Building Trades Council of America, of St. Lonis, lie on the table. He also presented a petition of the Woman's Christian Temper- Mo., favoring the adoption of a proposed amendment to the eight ance Union of Winfield, Kans., praying for the enactment of leg- hour law, which was referred to the Committee on Commerce. I islation to prohibit, as far as the power of Congress extends, the ask that the committee be discharged from its further oonsidera- · reproduction of prize fights by the kinetoscope or other kindred ~~~~:.nd that it be referred to the Committee on Interstate Com- devices, and also the interstate and mail circulation of extended The VICE-PRESIDENT. Without objection, it will be newspaper descriptions of the same; which was ordered to lie on ordered. 80 the table. Mr. DAVIS presented a petition of the Chamber of Commerce BILLS INTRODUCED. of St. Paul, Minn., praying for the adoption of the currency plan Mr. LODGE introduced a bill (S. 3610) to regulate the practice as proposed by the Indianapolis (Ind.) monetary conference; of veterinary medicine and surgery in the District of Columbia; which was referred to the Committee on Finance. which was read twice by its title, and referred to the Committee Mr. HANSBROUGH presented the memorial of John Dinnie on the District of Columbia. and160othercitizensofGrandForks,N.Dak.,andthememorialof He also introduced a bill (S. 3611) for the relief of Charles M. B. Prom and 73 other citizens of Milton, N.Dak., remonstrating Pierce; which was read twice by its title, and referred to the Com against the enactment of legislation to establish a division in the mittee on Claims. Treasury Department for the regulation of insurance among the Mr. BAKER introduced a bill (S. 3612) to authorize the South several States, and for other purposes; which were referred to McAlester Electric Light and Power Company to construct, oper the Committee on Interstate Commerce. ate, and maintain electric light and power plants at South MeAl- He also presented a petition of the Woman's Christian Temper- estEr and other places in the Indian Territory; which was read ance Union of Grandin, N. Dak., praying for the enactment of leg- twice by its title, and referred to the Committee on Indian Affairs. islation to protect State anti-cigarette laws by providing that · Mr. PROCTOR (by request) introduced a bill (S. 3613) to estab cigarettes imported in original packages on entering any State llish a national park and to erect a peace monument at Appomat shall become subject to its laws; which was referred to the Com- tox, in the State of Virginia; which was read twice by its title, mittee on Interstate Commerce. and referred to the Committee on Military Affairs. He also presented petitions of the congregations of the Presby- Mr. HOAR introduced a bill (S. 3614) granting a pension to terian, Methodist Episcopal, and Evangelical churches, all of Cav- Ernest B. Hutchins; which was read twice by its title, and referred alier, in the State of North Dakota, praying for the enactment of to the Committee on Pensions. legislation to protect State anti-cigarette laws by providing that Mr. HANSBROUGH introduced a bill (S. 3615) regulating the cigarettes imported in original packages on entering any State taking of oaths in proceedings before the Land Department; which 1572 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, was read twice by its title, and, with the accompanying paper, Whereas section 7 of the civil-service law provides: "Nor ,shall * * • any J.>erson merely employed a.s a laborer or workman be required to be referred to the Committee on Public Lands. classified;" and Mr. COCKRELL (by request) introduced a bill (8. 3616) grant . Whereas section 45 of the act of Congress approved January 12 1895 pro ing a pension to Capt. Charles F. Hindricks; which was read twice VIdes that "It shall be ~he d:uty 0~ the Pub!-ic Printer to employ 'worlDnen. who are thorou~hly skilled m their respective branches of industry as shown by its title, and referred to the Committee on Pensions. by a trial of their skill under his direction: " Therefore ' Mr. FAffiBANKS introduced a bill (S. 3617) to correct the . Resolved, ~ha~ the Committee on the Judiciary be. and they are hereby, military record of William T. Rominger, of Hartsville, Ind.; which directed t? mqmre and report to the Senate whether or not the Executive order p~CIJ?.g the Government Printing Office in the classified service is valid was read twice by its title, and referred to the Committee on Mili and of bmdmg force. / "" tary Affairs. He also introduced a bill (S. 3618) appropriating money for the AGRICULTURAL APPROPRIATION BILL. " payment of the claim of George W. McCray; which was read The VICE-PRESIDENT laid before the Senate the action of the twice by its title, and referred to the Committee on Claims. House of Representatives nonconcurring in the amendment-s of 1dr. HAWLEY introduced a bill (S. 3619) to amend chapte1· the Senate to the bill (H. R. 6351) making appropriations for the 67. volume 23, of the Statutes at Large of the United States; Department ?f Agriculture for.the fiscal year ending June 30, which-was read twice by its title, and rejerred to the Committee 1899, and asking a conference Wlth the Senate on the disagreeing on Military Affairs. votes of the two Houses thereon. Mr. PETTIGREW introduced a bill (8. 3620) granting an in On motion of Mr. CULLOM, it was crease of pension to John Cook; which was read twice by its title, Re.'wlved, That the Senate insist upon its amendments to the said bill dis· and referred to the Committee on Pensions. agreed to by the HoUBe of Re:presentatives and agree to the conference asked Mr. CARTER introduced a bill (S. 3621) granting a pension to by the HoUBe on the disagreemg votes of the two Houses thereon.. Fidillar White; which was read twice by its title, and referred to the Committee on P ensions. By unanimous consent, the Vice-President was authorized to He also introduced a bill (8. 3622) for the relief of William appoint the conferees on the part of the Senate; and Mr. CULLOM, Flannery; which was read twice by its title, and referred to the Mr. QUAY, and Mr. PETTIGREW were appointed. Committee on Claims. RECEIVERS OF PUBLIC MONEYS. 1\Ir. McBRIDE introduced a bill (S. 3623) granting to William The VICE-~RESIDENT laid f>efore the Senate the bill (S. 2934) S. Byers, of Pendleton, Oreg., a right of way through the Uma to amend section 2234 of the ReTised Statutes of the United States tilla Indian Reservation, in said State-, for irrigation, manufactur returned from the House on the request of the Senate. ' ing, and milling purposes; which was read twice by its title, and . Mr. HANSBROUGH .. That bill passed the Senate some days referred to the Committee on Public Lands. . · smce. I move to reconsider the vote by which it was passed a Mr. GORMAN introduced a bill (S. 3624) granting a pension to s~ar bill having passed Congress and been approved by the Annie Fowler; which was read twice by its title, and referred to PreSldent. the Committee on Pensions. The motion to reconsider was agreed to. He also introduced a bill (S. 3625) granting a pension to William Mr. HANSBROUGH. I move that the bill be indefinitely pos~ H. Pierre; which was read twice by its title, and referred to the poned. Committee on Pensions. The motion was agreed to. He also introduced a bill (S. 3626) granting a pension to Mary Vockey; which was read twice by its title, and referred to the GILDING OF THE STATUE OF LIBERTY. Committee on Pensions. 1\Ir. MO~~ILL. I .as~ leave to call up the joint resolution (S. R. Mr. BUTLER introduced a jointresolution (S. R.104) toamend 137) authonzmg the gildmg of the Statue of Liberty on the Dome the Constitution of the United States, giving Congress the power of the Capitol. to lay and collect income taxes; which was read twice by its title, There being no objection, the Senate, as in Committee of the and referred to the Committee on the Judiciary. Whole, proceeded to consider the joint resolution. AMENDMENTS TO BILLS. Mr. MORRILL. Mr.. President, I think all recognize the statue Mr. LODGE submitted an amendment intended to be proposed on the D?J!te o! ~h~ Capit?l as a work of art, and yet, in its pres by him to the diplomatic and consular appropriation bill; which ent condition, 1t IS rmposs1ble to tell even that it is a statue. It is was referred to the Committee on Foreign Relations, and ordered no better than a lump of coal. The only possible remedy for it is to be printed. to have it gilded. The pending joint resolution is reported unani~ Mr. BAKER (by request) submitted anaffiendment intended to mously from the Committee on Public Buildings and Grounds. be proposed by him to the Indian appropriation bill; which was To have the statue properly gilded, including the cost of the referred to the Committee on Indian Affairs, and ordered to be scaffolding, will require about $5,000. printed. Mr. STEW_ART. Mr.. Preside~t, under ordinary conditions it Mr. WARREN submitted an amendment intended to be pro would be qmte appropna.te to gild the Goddess of Liberty \vith posed by him to the Indian appropriation bill; which was referred gold, but under present conditions it is peculiarly appropriate. to the Committee on Indian Affairs, and ordered to be printed. Inasmuch as the American people, that is, a portion of them have Mr. PETTIGREW submitted an amendment intended to be become fetich worshipers of gold, it is according to the usual ens~ proposed by him to the bill (S. 3545) for the adjustment and pay tom of fetich worshipers, both ancient and modern. They exhibit ment of certain claims against the Uni.ted States; which was the god they worship in every possible form. If you will read referred to the Committee on Claims, and ordered to be printed. m~thology you will find that neat·ly all the gods that were wor· M1·. WHITE submitted an amendment intended to be proposed sh1ped were emblazoned on the monuments the ancients left. and by him to the bill (S. 3545) for the adjustment and payment of they were engraved on their works of art. Inasmuch as we ·have certain claims against the Government of the United States; no other god now but gold, let it be blazoned on the Dome of the which was referred to the Committee on Claims, and ordered to Capitol, where all can see whom we worship; and let everyone be printed. understand that we worship nothing else. Mr. BATE submitted an amendment intended to be proposed Mr. CHANDLER and Mr. AI,LEN addressed the Chair. by him to the bill (S. 3544) to provide for submitting to the comes from a distinguished man, and a matter coming from such Mr. KYLE. Will the Senator from Nebraska explain the char a. source, I protest, ought not to be made a subject of ridicule. acter of bronze and state whether sueh a statue can be rebronzed? Mr. HAWLEY. Mr. President, I am possibly in ignorance, Mr. ALLEN. I am not a chemist, if it requires a chemist to but I desire to be informed as to whether any gold statue is determine those things, and I do not think the Senator from known in the world or whether anybody ever heard of taking a South Dakota is much more of a chemist than I am. I have no splendid bronze etatue and covering it with gold. Bronze is the doubt that we.could apply to the Goddess of Liberty, if that statue appropriate metal, the durable metal, and in every way the light is intended to be a representation of the Goddess of Liberty, what metal for a statue. It is so decided by the world in general. I am is commonly known as bronze, and by that means improve its sure I should be very sorry to see a glaring gold statue up there. appearance and preserve it from rust to a very great extent. _ I think it is bad taste. Mr. KYLE. Will the Senator from Nebraska allow me just a :Mr. SPOONER. Will the Senator allow me to ask him whether moment? he thinks that by gilding this statue with gold, or even with sil Mr. ALLEN. Certainly. ver, the Goddess of Liberty would look any the less like an Indian Mr. KYLE. Is it like a fundamental metal, that can be bur- than she does now, or might it be wise to try the experiment? nished and cleaned? , Mr. :MORRILL. Mr. President, I merely desire to say that the Mr. ALLEN. That depends largely upon the composition. I bronze of which the statue is composed has turned entirely black, presume that is true if it is like pot metal and a great many other so that you can get no idea of a bronze statue at all, any more compositions that we have in this country. If the body of it is than you could, as I have before stated, if it were a piece of black some base metal while the surface is simply bronzed, I presume coal. There is no chance to show the shadows, the folds, or any it can be burnished up; that it can be polished in some way; that part of the statue as they would be shown if it were properly something can be applied to it to preserve it for a great many gilded. There is no doubt about the propriety of this action if we years and to improve its appearance. If that can be done, why want ever to re-cover the statue so that anybody can understand go to the expense of applying gold leaf? that it is a statue instead of a chunk of coal. The VICE-PRESIDENT. Does the Senator f1·om Nebraska call Mr. GRAY. May I ask the Senator from Vermont, in all for a division on agreeing to his amendment? seriousness now, what the statue represents? Mr. AJ... LEN. I would like to have a division. Let it be read Mr. MORRILL. It is intended to represent Liberty. again. Mr. GRAY. Somehavethoughtover here that it was an Indian Mr. HAWLEY. I could not hear distinctly, but I believe the chief or an Indian squaw. I did not know what it did represent. Senator from Nebraska adheres to his amendment proposing to The VICE-PRESIDENT. If there be no amendments as in rebronze the statue, as he calls it. Is that the case? Committee of the Whole, the joint resolution will be reported to Mr. ALLEN. Yes, sir. the Senate. The VICE-PRESIDENT. That is the amendment. The joint resolution was l'eported to the Senate without amend Mr. HAWLEY. I do not know how that can be done very well. ment. Why should we put bronze on bronze? Why does not the Senator The VICE-PRESIDENT. Shall the joint resolution be ordered propose a liberal dose of soap and sand to be applied to restore the to a third reading? original bronze? Mr. HAWLEY. I ask for the yeas and nays on the passage of Mr:ALLEN. I should be glad to accept an a.m1:mdment to the the joint resolution. . amendment. Mr. PASCO. If the yeas and nays are to be called, I ask that ]r!r. HAWLEY. I do not choose to offer it. I want to vote the the joint resolution be read at length. whole thing down. Mr. ALLEN. I wish to offer an amendment to the joint reso Mr. ALLEN. Very well, then, I will withdraw the amendment. lution. Let the amendment be withdrawn and let us take a vote on the The VICE-PRESIDENT. The Senator from Nebraska is in passage of the joint resolution. time. The VICE-PRESIDENT. The amendment is withdrawn. Mr. ALLEN. In line 4, after the word" to," I move to strike The joint resolution was ordered to be engrossed for a third out the words" gild with gold leaf" and insert "rebronze.u reading, and was read the third time. The VICE-PRESIDENT. The question is on agreeing to the The VICE-PRESIDENT. The question is, Shall the joint reso amendment of the Senator from Nebraska. lution pass? Mr. ALLEN. Let the joint resolution be read as it would read Mr. HAWLEY and Mr. TELLER called for the Y"as and nays, if amended. and they were ordered. The SECRETARY. If amended, the joint resolution would read: The Secretary proceeded to call the roll. Re1;olved, etc., That the Architect of the Capitol is hereby authorized and Mr. MORGAN (when his name was called). I am paired with directed to employ some competent person to rebronze the statue of Liberty the Senator from Pennsylvania [Mr. QuAY]. surmounting the Dome of the Capiool; and for this purpose, inclu~ the necessary staging, the sum of $5,000, or so much thereof as may be reqUired, :Mr. SPOONER (when his name was called). I have a general is hereby appropriated, out of any money in the Treasury not otherwise pair with the Senator from Mississippi [1\Ir. WALTHALL]. I do appropriated. not know how he would vote on this great question, upon which The VICE-PRESIDENT put the question on agreeing to Mr. the parties seem pretty clearly divided, and therefore I do not feel .ALLEN's amendment, and declared that the "noes" appeared to at liberty to vote. If I were at liberty to vote, I should vote prevail. "yea." Mr. ALLEN. I hope that we may have a yea-and-nay vote, or Mr. HANSBROUGH (when his name was called). I am paired at least a division of the Senate, on the question. I am not a with the senior Senator from Virginia [Mr. DANIEL]. In his ab stickler on the question of using gold-- sence I withhold my vote. Were he present, I should vote •' yea." Mr. MORRILL. The amendment would involve a contradic The roll call was concluded. tion of terms. The statue could not be rebronzed with gold leaf. M.r. CLAY. My colleague [Mr. BACON] is kept at home on ac· . Mr. ALLEN. But I propose that the words" gold leaf" shall count of illness. Were he present, he would vote" nay." ' be stricken out. :Mr. BUTLER. I transfer my pair with the Senator from Mary Mr. MORRILL. The statue itself is of bronze, but it has turned land [Mr. WELLINGTON] to the Senator from Nevada [Mr. JoNES] black; and so it will again if it is covered with the same material. and vote. I vote " nay." There is no way to remedy the matter unless we pass the joint Mr. WHITE (after having voted in the negative). Observing resolution as it was reported from the committee. I leave the that the Senator from Idaho [Mr. SHOUP] with whom I am paired matter entirely to the good sense of the Senate. It does not con is not present, I withdraw my vote. cern me any more than anyone else, and it will concern me, prob Mr. BATE. My colleague [Mr. TURLEY] is not here. He is ably, for a less time than almost anyone else. paired, however, with the Senator from Kentucky [Mr. DEBOE]. Mr. ALLEN. Mr. President, I regret that I have been unable Mr. KENNEY (after having voted in the negative). Has the to hear the Senator from Vermont, owing to the whispering on junior Senator from Pennsylvania [Mr. PENROSE] voted? this side of the Chamber. My amendment bas the effect of au The VICE-PRESIDENT. The JUnior Senator from Pennsyl thorizing the Architect to have the statuerebronzed. I think the vania has not voted. Goddess of Liberty, or whatever it may be called-the Senator Mr. KENNEY. I have a general pair with him, and therefore from Delaware seems to think it is the representation of a squaw withdraw my vote. or an Indian of some ki:p.d-ought to be rebronzed. I admit that Mr. BURROWS. I am paired with the senior Senator from it is not a very delightful sight to look on, but I do not think we Louisiana [Mr. CAFFERY] on all great questions like this, and I ought to gild it with gold. withhold my vote. I was about to say that while I am not a stickler on the ques Mr. WARREN (after having voted in the affirmative). I beg tion of using gold for that purpose or for any other necessary pur to inquire if the junior Senator from Washington [Mr. TURNERJ pose, I concur heartily with the Senator from Connecticut [Mr. has voted? HAWLEY] that bronze is what the world uses. It is cheaper and The VICE-PRESIDENT. He has not voted. fully as good, and the statue would be more consistent with the Mr. WARREN. I withdraw my vote, then, as I am paired building if it were rebronzed. with that Senator. 1·574 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, Mr. PLATTofNewYork (afterhavingvotedin the affirmative). istration which justifies the declaration that no substantial result I have a general pair with my colleague [Mr. MURPHY], but as I can follow from a movement in Congress to recognize the Cuban do not consider this a political question and do not believe he will patriots? . so consider it, I take the liberty of letting my vote stand. It would appea.r that some concerted plan has been determined Mr. MILLS. I desire to know if the Senator from New Hamp- upon to forestall and prevent any action by,the Senate, as all pos shire [Mr. GALLINGER] has voted? sible action has been forestalled and prevented in the House of The VICE-PRESIDENT. He has not voted. Representatives, to the end that the will of the people may be Mr. MILLS. Then I withhold my vote. undone, and to the end that some policy, not yet revealed to the The result was announced-yeas 30, nays 22; as follows: people of the United States and not approved by them, may be carried out. YEAS-30. In the same article there are observations upon a distinguished Aldrich, Fail·banks, McMillan, Platt, N. ~. Allison, Foraker, Mantle, Pritchard, member of the Senate, which I do not choose to read. I do not Baker, Frye, Mason, Proctor, know to what extent the author of the article may have had con Carter, Gear, Money, Rawlins, ference with or the indorsement of that Senator; but, Mr. Presi Chandler, Gray, Morrill, Sewell, Clark, Hale, Perkins, Wilson. dent, something more harmful than talk will result to the anti Cullom, Lodge, Pettigrew, Cuban purpose of the men in Congress and outside of Congress in Davis, McBride, Pettus, high official places in this country. The purpose can not be car NAYS-22. ried out. Allen, Cockrell, Lindsay, Teller, We have been told by intimations, repeated in thi') body and in Bate, Harris, McLaurin, Thurston, another hall of legislation and through the public prints, that a Butler, Hawley, Martin, Tillman, Cannon, Heitfeld, Pasco, Turpie. policy was to be inaugurated-a policy so courageous in character Chilton, Jones, Ark. Roach, and so startling in effects before the world as to put to shame Clay, Kyle, Stewart, those who have questioned the patriotism of the Administration NOT VOTING~7. and its intention to carry out the platform upon which the Presi Bacon, Hanna, Murphy, Vest, dent was elected. Berry, Hansbrough, Nelson, Walthall, And we have waited in vain for the revealment until now, when Burrows, Hoar, Penrose. Warren, war is ended in Cuba, and when the brutal heroism of battle has Caffery, Jones, Nev. Platt, Conn. Wellington, Daniel, Kenney, Quay, Wetmore, given place to a controversy of hunger. Spain no longer bas the Deboe, McEnery, Shoup, White, courage or the credit to maintain offensive operations in the field. Elkins, Mallory, Smith, Wolcott. She. is only holding to the appearance of a struggle in Cuba in Faulkner, Mills, Spooner, Gallinger, Mitchell, Turley, order to satisfy the creditors who have advanced the millions by Gorman, Morgan, Turner, which she has sought to keep that people in subjection. Spain So the joint resolution was passed. has been bankrupt in money for many years. She is bankrupt now in credit. Her greatest statesman is gone; her people no WAR IN CUBA. longer have the ability to furnish armies for the contest. Her 'fhe VICE-PRESIDENT. The Chair lays before the Senate the policy is not that of warfare, but it is to .~ubdue by bribery, by resolution offered by the Senator from Utah [Mr. CANNON], com corruption, by ~tarvation, a people which Spain and her cohorts ing over from yesterday. The Secretary will read the resolution. can not conquer in the field. _ The Secretary read the resolution submitted yesterday by Mr. If there be any policy on the part of the United States, it is one CANNON, as follows: of affiliation with this movement, by which Spain shall be enabled Whereas the people of the Republic of Cuba are and of right ought.to be to saddle upon Cuba the vast mass of debt incurred in t_he vain free and independent; and endeavor to conquer that island. More than four hundred millions Whereas the continuance of the barbarous warfare of Spain in her at of bonds are held by Spanish creditors, the bulk of which were tempt to subjugate the patriots of that republic is a violation of the law of humanity, is a menace to the freedom and progress of the peoples of the issued to obtain funds with which to carry on the struggle in Cuba. Western Hemisphere and is full justification for a demand by the Govern In 1868 the Cuban debt was only $25,000,000. At the opening of ment of the United States that Spain shall withdraw her land and nav:l.l the recent revolution it had swelled to nearly $200,000,000; and as forces from Cuba and Cuban waters, and shall leave that republic and her people to their own enjoyment of life, liberty, and the pursuit of happiness: Spain charges to Cuban account all the expenditures which are Therefore, made in the prosecution of the warfare, it ha') now become nearly Be it resolved by the Senate, That the President of the United States is five hundred millions, not all of which, however, is represented urged to notify the Kingdom of Spain that if Spain shall fail to recognize the independence of the Republic of Cuba on or before the 4th day of March, by bonds. 1898, the Government of the United States will on that date recognize the Mr. President, I charge now that the purpose of the Adminis belligerency of the Cuban patriots, and will within ninety days thereafter tration in delaying action is in consonance with, if not in direct assert the independence of the Republic of Cuba. copartnership with. the will of the Spanish bondholders, who are Mr. CANNON. Mr. President, as I entered the Senate Cham determined that before Cuba shall be allowed her freedom in the ber this morning, I obtained a copy of this morning·s New York world, and before there shall be recognition of her independence Herald, which contains an article telegraphed from Washington by Spain, there shall be security upon that blood-stained island by the bureau of the Herald here from which I will read some for the major. part of the debt which has been incurred by Spain. words as an introduction to the remarks which I shall make on There are not wanting evidences of this. There appeared in the pending resolution. an American newspaper a few days since-a paper which can not Under headlines which state that the President is displeased at b.e charged with Cuban sympathies, a paper which has access to the exhibition of jingoism in the Senate this expression occurs: the purposes of the Administration now in power-an article It will be well understood here and in official circles abroad that nothing which substantiates to the letter the statement which I have made. more harmless than talk will result. The President very much deplores this agitation at the present time. It is regarded as unfortunat.e that just when In the TribuneJ of Chicago, under a Washington date line of Feb negotiations for the proposed new commercial treaty with Spain are ~etting ruary 3, this statement is made: under way members of the Senate should pursue a coursa. which mignt seri Secret negotiations are now actually in progress between the State Depart ously embarrass the Administration in the pending negotiations. ment and the insurgents in Cuba looking to a stoppage of the war on some financial basis, to be agreed upon hereafter. President McKinley has not The New York Herald is usually very accurate in its news and recognized the insurgents as belligerents, and he can not therefore treat in its obse:x:vations upon the sentiments of the administration of with them o:penly as he would do with a diplomatic representative of an inde affairs in this country, and I take it that I am not going too far pendent natiOn. when I accept this statement as being the view of the Adminis Direct communication has bsen had between the in!lurgents' government and the Administration here. The insur~ents expressed perfect willingness tration at the present time. to assume a reasonable share of the Spamsh bonds issued against Cuban rev Mr. President, at the threshold of the new movement for a enues. The proposition has been considered with some favor, and the Presi recognition of Cuba, I desire to say that it is not my purpose, and dent and his Cabinet have discussed several plans for guaranteeing the Cuban so far as I know it is not the purpose of any Senator who shall debt on the sole basis of independence. address the Senate or who shall speak to the country on this ques At a further point in the article the statement is made that tion, to disturb in any way the peace and welfare of the people of The United States will be in a position to offer Spain a. heavy financial the United States or to interpose any remark in criticism which bonus for giving up the island. can in any manner deflect from its progress toward success any Mr. President, Cuba has bought her liberty with blood. The policy which the President of the United States has in mind at hundreds of thousands of people who have perished there in this this time for the honorable settlement of the Cuban question and last struggle for liberty have offered up their lives in payment of the establishment of the dignity of this Republic. the purchase price; and for the United States now to join with Mr. President, there is another phase, howAver, to this question Spain or to ;force the patriots to consent to ariy purchase of the as raised by a great and powerful newspaper. By what authority independence of Cuba by the payment of money is like robbing does any public journalist declare that nothing more harmful the dead. The United States can not afford to maintain a policy than talk will result from the agitation of the Cuban question in by which the insurgents-as a last re::::ort, to protect the wives and the Congress of the United States? What access has the New children of the island, to protect the men and the property-must York Herald, or any other paper, to the purposes of this Admin~ consent to give gold to buy that wP,ich is already theirs. ---- 1898. OONG RESSION AL RECORD-SEN ATE. 1575 A -sufficient apology for bringing this subject before the Senate devoted island has demanded such recognition, under the state and before the country again at this time is found in a letter writ ment and the firm belief that with it and with the equal rights ten by Gen. Maximo Gomez to a friend in this country under which it would give to Cubans in this country and in om· waters recent date. I shall read it here for the purpose of showing to the island would soon be free. the Senate the spirit which animates that great leader in the field Mr. President, if the Chief Executive of this nation when he and which actuates the Cubans, that, if possible, his view may came into power could have dreamed of strength and authority find some echo here in the recollections which we have of the greater than that which any man bad ever enjoyed in our history, mighty deeds of our ancestors. He says: he could not have conceived in his most ardent imagination greater MY DEAR AND R ESPECTED FRIEND: I wrote yon before Mendez's depart opportunity than that which now exists in him to set a people ure. He took with him letters in which I related to you everything that had free. One word will do it. The bare signature of his name to a happened of importance. I do so now, because it is vroper that you should know and by m en such as I, that w ould not stain their name with falsehood, declaration of belligerency will do it. tha t General Blanco, knowingly. or deceived by his subordinates, is carrying What hand is it that stays William McKinley from signing his out a m or e infamous policy than General Weyler. The lat ter killed and pil name? What whisperis it that says to him, "Wait"? There has laged by daylight, and his orders and decrees were well known, and in his in case it could be said, "forewarned is forearmed." But General Blanco, n ot never been the suggestion of a movement in behalf of Cuba two withstanding his deconcentrat ion, persecutes some families while he leaves years but that some one has said, "Wait just a little longer and others alone ; destroys the plantings of those who had remained on their the Administration's power will be seen, the great purpose which ranches while he proposes to establish zones of cultivation around towns and has been cherished by the President will be made k:1.own, and forts where nothing but thistles can be raised. This &¢.culture has no direction or system, no definite plan, and no m eans Cuba will be freed without danger to the United States." We to carry 1t into effect. It is an illusory and almost a cruel reconstruction. have waited while Americans confined in prison have been starved It is a system by which a peoplewhoare willingtdbesayed arecopdemned to and tortured and assassinated. We have waited, as was said in a fruitless and barren labor. I do not know whether this slavery IS not worse than the slavery of old of the colored people. another hall of legislation not long since, until all American prop The m en who are found getting cattle for their families are deprived of erty in the island and commerce with the island have been de the cat t le and killed. Anyone can imagine how many such cases occur, the stroyed. We have waited until war itself has ended and until eount1·y people confiding in the flag of peace so treacherously waved by Gen eral Blanco. He protect s and takes advantage of the traitors and assassins, starvation has begun. Our cup of waiting is full. as he is presently d oing with the assassin and traitor Antonio M. Guzman. Mr. President, on the 13th day of January, nearly a month ago, If Angiolillo had escaped after his attempt against Senor Canovas and sought a 1·esolution of inquiry was directed by the Senate to the Presi refuge in our ranks, hoping to save himself, he would have been sadly mis taken, because justice would have been meted out to him here as it was done dent of the United States, asking him to inform the Senate, if not in Madrid. incompatible with the public interests, what power of the United We can not associate with criminals, for that would be to stain the flag of States was being exerted to protect the lives and property of Amer liberty and order which we have waved in our glorious field. The Spaniards, on the other hand, laying aside all consideration.<> of honor and digruty, profit ican citizens in the Island of Cuba. No response has been received by everything against the Cubans. The best and most intimate friend of to that inquiry; no answer in word or deed has been made by the Generals Pando and Salcedo is to-day Antonio M. Guzman. But there is Executive. It is an astonishing thing-almost an unparalleled more. The Spaniards with the greatest cynicism accuse us of cruelties and insults to our fanrilies , as they have just said, referring to our capture of the thing-that the Executive should not at least have answered that town of Guisa. Let the Cuban beware who would attack a woman, a child, he could not reply in terms without doing something which was or an old man I To punish him the authority of a general is not needed, be incompatible with the public interests. The resolution of inquiry cause we would all rise against such criminal, and at once public opinion and passed this body unanimously. The Executive has treated it with the law would fall on him. The families within our camps as well as outside we consider as flesh of that contempt of silence with which the question is treated under our flesh, bone of our bones. They are the special object of our care, and as the despotism of another branch of the Federal Congress. to myself, I can sar that in every Cuban woman I see Bernards. Toro (my It has been no answer to the American people to send the Maine wife) and Clemenc1a Gomez (my daughter). But it is not thus with the Spaniards. They have sworn war and extermination to everything that to Cuban waters. For twenty-four hours the people of this coun · breathes in this land, and Blanco, the same as Weyler, although by different try were exultant in the thought that the power of the United systems, goes to the same end. Blanco comes to deceive and corrupt. H e States was to be made manifest, but almost instantly there was a puts his triumph not in the force of arms, which have been useless, but in the force of d eceit. of infamy, and of bribery. The Spaniards could not kill us revulsion of feeling, because, instead of the Maine's appearing as in a fair struggle in the field of battle. They now offer great rewards to a friend to the Cubans, it was made to appear that the visit of those assassins who, masked as friends, will-come to our midst to suppress, by that war vessel was in compliment to Spain, and the flag of the whatever means, those whom they callleadersl It is necessary that you should make the civilized world acquainted with United States was dipped to the banner of the tyrant. It is no such infanries. answer to the American people to send the fleet to Key West. .All The protest written by those exiles against the pretended autonomy has those things, if they mean anything significant for the Cuban peo pleased us very much. And although there is not here one single soldier who thinks of such ridiculous proposition, our enthusiasm has been increased ple, are provocations of war, and the most ardent Cuban sympa when we have read of the firmness of our brothers across the seas in also up thizers in the United States do not wish to see war with Spain for holding the principle!'! for which so much blood is being daily shed. The win the redemption of the island. We have believed from the begin ter campaign has already commenced, with advantage for our arms, and, as I have. already informed you, without any optimism., we have the war well ning that the Cubans were amply competent to win their own in band throughout the isla.Ifd, and it will be materially impossible for Spain freedom if tliey could have the same rights here which were ac to pacify the island even should she send against us 200,000 men more. Less corded to their oppressors. It is no answer, M1·. President, that will they be· able to do it when they only count with the sickly and tired there shall be under consideration at the present time a treaty for remains of the army which Weyler has left, together with the debts, as an inheritance for Blanco. · reciprocal commercial relations with Spain. The reciprocity which You and your companions can work with calmn~ss without any precipita the American people want is such as is described in a letter writ tion, so that our directed affairs will turn out properly; as to those who are ten by Col. Melchor L. de Mola, Gene1·al Gomez's chief of staff, here, you will notice that we continue to fight without weakening. Do not worry if you hear of surrenders; they are of those who do not have courage, from the field on a recent date. He said: virtue, or prestige, and they do not subtract strength from the revolution; On the beautiful morning of the 22d of December there arrived at the they are so many less mouths to feed. general headquarters of the army the consul of the United St ates at Cartha Yourfriend, MAXIMO GOMEZ. gena, Mr. Rafael Madrigal, who came in representation of the consul-general Mr. President, this letter, a personal one, directed from the of the said nation in Habana, Gen. F . H. Leet to ask of the general in chief of the Cuban army the delivery of the jewelS and money belongin~ to the great general to his confidante, is a practical substantiation of American citizen Crosby, killed by the Spaniards in the battle which took the statement that war is ended there. Its tenor is a sufficient place in Santa Teresa on the 8th of March of this year. · justification for us at this time and in this way to demand a pause As Mr. Madrigal came in an official character and brought the American flag waving, he was received with our flag and music, and the honors due to in the only possible policy which is being maintained by the the representative of a foreign power which for so many reasons deserves Administration, which would be to force the Cubans to buy their our respect and affection were d one him. The reception of the American con liberties anew from the Spaniard, who does not own them. sul and his suite was solemn and moving. The flags were dippe~ and em braces and expressive phrases exchanged by the distinguished visitors and In the rush and hurry of events, bearing in mind that sixty-one our general in chief. resolutions on the Cuban question have been presented before the Mr. Madrigal fulfilled his mission in due form and revealed himself a per· American people in Congress in the past two years, we are likely feet gentleman and expert diplomat. During the days which the distinguished visitors passed in our camp they to lose sight of the one significant fact, which has existed from were well taken care of by us. · the beginning and which now exists, that the President of the This event is important a•d will have great influence, because it is the United States can by a pen stroke stop the barbarities in Cuba, first time that a legal representative of a foreign power presents himself in the Cuban camp to treat with us and to exchange salutations with an author free the people there, and relieve the island from the burden ity of the r evolution; it is the first time that the starry flag of the great which it sustains. It is almost earthly omnipotence which he Republic comes to thE' field of battle to affectionately join the triumphant possesses. A declaration of belligerency at any time since the flag of the solitary star; which implies the tacit acknowledgment of bellig erency; to think of the contrary would be not to do justice to the United war began would have brought it to a speedy conclusion, and States. would now absolutely terminate the attempt of Spain to hold possession of Cuba. That is the reciprocity which the American people want-reci Gentlemen who oppose the recognition of belligerency have procity of affection and care and support with and for Cuba, not been fond of maintaining here and elsewhere before the country with Spain. Commerce with Spain, with or without this recipro that the Cubans would be no better off after the granting of such cal or other treaty, may well pause for a little time. Our com recognition than now. It is significant that every friend of Spain merce with Cuba free is of more value to the American people, is in this country has protested against the granting of belligerency, of more profit to our toilers, is a greater enhancement of the in and that every friend of Cuba and every sympathizer with that dustries of agriculture and manufacturing in this country, than '1576 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, ·all our trade with Spain, on whatever basis it might be established. Spain to buy munitions of war and supplies for their army and Mr. President, the resolutions now pending, the one which was their suffering people, while at the same time our selfish com· read from the Secretary's desk this morning, and the still more m~rce has made its exaction of extra blood money from the pa. striking one presented by the Senator from illinois [M;r. MAsoN], tnots for every rifle and all the munitions of war which it has and the amendment proposed to the consular and diplomatic ap secretly sold to them. Every express company and every skipper propriation bill by the Senator from Nebraska [Mr. ALLEN]-are of a craft which has enagaged to aid filibustering between this not unnecessary. It is true that this resolution or the one pro country and the Island of Cuba has taken a deadly toll, until posed by the Senator from Illinois will not, if either shall be pa.ssed each rifle which has come into the hands of a patriot in the field by the Senate of the United States, be a recognition of belligerency. has cost the Cubans $200. It is also true that the President of the United States would be I stated that $1,000,000 would enable the Cuban patriots to put under no obligation to announce this great right to the Cuban an end to the struggle or the appearance of a struggle. If Cuban patriots, but it is also true that the Senate of the United States belligerency were granted by the people of the Onited States, at can discharge its responsibility by renewing its affu·mation of this hour the Cuban patriots could buy enough munitions of war justice to the struggling patriots. If offense must come, let the with the small funds at their command to drive the last invader responsibility be upon those who commit the offense. If the from the island. House of Representatives shall refuse to adopt any resolution, and Mr. President, we have pursued a policy on this question that if it shall be in the power of the distinguished Senator who has is little less than infamous. In 1823 we notified the countries of control of the consular and diplomatic bill to prevent a hearing Europe that all hands except those of Spain must be kept off or a vote in the Senate on the proposed amendment of the Senator Cuba. To-day the Christian sentiment throughout the world from Nebraska, let the responsibility rest where it belongs, but, outside of the United report of the special commissioner of the "!Jnited S~ates ~o t~e has been laid upon any man or upon any pound of powder shipped International Exposition to be held at PariS, etc.; m wh1ch 1t to the Spaniard to kill the women and children of Cuba. [Mani~ requested the concun-ence of the Senate. festations of applause in the galleries.] The message also announced that the House had passed a con~ Let me at the outset be understood. We are charged with current resolution to print for distribution by the Department of seeking to annex Cuba. Every time we are criticised by the Labor 3,500 additional copies of the Second Special Report of. the space editors in this country we are charged with attempting to Commissioner of Labor, comprisirig the labor laws of the Umted steal lands. The original jingo may have been for the annex~ States and of the State and Territorial governments, etc.; in which ation of territory. I am not of that class. I do not want one it requested the concurrence of the Senate. square foot of land. I have never voted for the annexation, I do W A.R IN CU:SA.. not know that I ever will vote for the annexation, of a square foot of any land outside of the boundaries of this country. We Mr. :MASON. Mr. I ask the Secretary to read, ( President~ leav~ are not seeking that, either in this resolution or in the past reso~ inO' out the preamble, just the short resolution following the pr~ lutions. a~ble , t hat it may be fairly heard and understood by the mem It is a favorite charge, reiterated by those who have spoken bers of t he Senate. again and again, and by the Senator from Maine as he sat down, The V I CE~PRESIDENT. The Secretary will read the resolu~ that we seek war. My resolution is for peace, and we have the tion submitted by the Senator from illinois, as indicated. power to compel peace. One word frvm this Administration Mr. MASON. Just the close of the resolution, "Resolved," etc. would bring peace to the continent, and we believe that , under ·rhe Secretary read the resolution submitted ye3terday by Mr. the providence of God, it would bring independence to Cuba. MA.soN, us follows: We a1·e not seeking war. We do not expect it. We are not B e i t 1·esolved by the Senate of the United States, Tl!at the .President c:>f the afraid of it. V'/e are asking for peace from a power that is able United States be, and he is hereby, requested to notify Spam an.d the :msnr to command peace. The history of the Inquisition has been put gents of Cuba that the war (so called) must at once cease and. be d:i!!co~tmue d, and that the United States of America hereby declare and willmamtam peace to shame. The thumbscrew has been applied. The scourge and on the Island of Cuba. \ . the rack have been used to break the bones of the living and tor~ Mr. MASON addlessed the Senate. After having spoken for tm·e them as they died. The pincers that tore the flesh from the twelve minutes, · living bone have contributed their share to the carnival of cruelty. The VICE~PRESIDENT. The Chair will state to the Senate Three hundred thousand people· made in the image of God are rot~ that the hour of 2 o'clock has arrived and the unfinished business ting in their graves; three hundred thousand mo;re are ~tarving before the Senate is the bill (S. 94) to provide for the Twelfth and in their march to the grave, and we are charged With seeking war subsequent censuses. What is the pleasure of the Senate? when our only cry is peace. In the mercy of God, peace! Mr. HALE. I do not want to object to the Senator from llli~ Mr. PresidPnt, let me see whether I have overstated the gentle~ nois goinO' on and completing his remarks; but if the Senator is man who bas just taken his seat and who applauds, as I do, all that willinO' t~ state, What does he propose at the end of his remarks the President has done, but not what he has failed to do. Let me shall be done with the resolution? see wheth er or not I have overstated this question of extermina~ Mr. MASON. In stating my purpose I will be perfectly frank. tion. Let me see whether I shall be charged upon this floor now I will endeavor to be as frank as I can, and it compels me to say with repeating the details of newspaper men without authority. that if I had my way about it, .I shou~d like to P.ut the resoluti~m Let me read from the statistics gathered in an unofficial or rather on its passage. I have no speCial desire to send It to the commit~ official way in that island: · The Bishop of Havana is gathering all t he authoritative reports of deaths tee, but I am undoubtedly compelled to do so from the force of in Cuba for t he past year. Tho priests of all t he p ar i3h es r eport to him the circumstances, and therefore I consent. number of persons who h ave die4 in their dist_ricts fr o:n f a~i~e, epide~i~, Mr. HALE. Of course I could invoke the rule, as the second or war. The Archbish op of San tiago de Cubs. lS co ll ect~g _sumlar sta~t stiCs day has expired at 2 o'clock, that the resolution shall go to the at the request of the Bishop of Ha.v~na, and up to th1s t rme, accordi.ng ~ trustworthy information, t hey have found that 500,000 persons have died m Calendar; but I do not seek that- Cuba in this short time. Mr. MASON. I understand that. Mr. HALE. In what time, Mr. President? Mr. HALE. With the understanding that at the conclusion of Mr. MASON. This is in the year dating from December 12. the Senator's remarks the resolution shall go to the Committee on Mr. HALE. That is 33 per cent of the entire population of the Foreign Relations, I hope the Senator will be allowed to continue island. · and that- Mr. MASON. Yes. :Mr. MASON. I had no doubt it would be so referred. I accept. Mr. HALE. I do not know what the Senator is reading from, Mr. HALE. And that the regular business be informally laid but I do not believe it; and no statistics can be furnished and no aside. authoritative statement to bear it out. That th~r e have been many The VICE-PRESIDENT. Without objection, the unfinished deaths and much suffering is undoubted, but tl'1e statements that pr~ business will be laid aside and the Senator from Illinois will 33 per cent of the whole numbe~ of tJ;e i}iliabitants of Cuba have ceed. perished by reason of the rebellion w1thm the last twelve months Mr MASON. Mr. President, I have hesitated long before mov are simply monstrous. ing the present resolution, not because I doul?ted its correctness Mr. MASON. That is what I say. or its right.eousne:;:s, but because I feayed ~hat m my poor ~ffort to Mr. HALE. No man can believe them. They are monstrous assist the Cubans to independence I might m some blundermg way in their incredibility. No man can believe them. If the Senator injure the cause which I hoped to assist. I feel, however, such himself for a moment will reflect upon the extent of the statement abiding faith and confiden~e in the high se~e of jus~ice that ani that out of the whole population of Spaniards-- mates the heart of the President and those m authonty that I am Mr. MASON. I have stated it, and that is the reason why I am compelled to move the resolution aJ?-d make th~s fight fro~ a sense here. of duty which I can no longer res1st, happy m the consc10~n~ss Mr. HALE. That out of the whole population of Spaniards and that if I shall make a mistake the censure and the blame Will fall Cubans and colored people one out of three has died within the upon me and not upon the cause of Cuba. last year. then, Mr. President, he will believe anything. I deny, as charged by the Sen~t~r froJ? 1\l~ine [~ . HAL~], that Ml'. MASON. I shall show to the Senator that in some com~ it is an attempt to put the AdmmlStratwn m. l~adin~ strmgs. I munities 50 per cent have died, Oil;e in two, instead of on~ in ~hree. have followed the political fortunes of the AdmmistJ:atiOn, so called, [At this point Mr. MASON ~as mterrupted by the exp1ratio.n of and am proud of it; but us I understand the reading of the Con~ the morning hour, and unammous consent was asked and given stitution of the United States and as I understand my duty here him to proceed.] every man who holds a seat upon this floor is a part of the Admin~ Mr. MASON. Mr. President, lam somewhatsm·prised that the istration and has some duty to perform. Senator from Maine even admits that there has been any serious If I may be allowed to reply to the Senator from Maine, he may sickness or trouble in Cuba. not be advised that there are many American boys who have left Mr. HALE. What is the Senator reading from? this country and gone to fight with the Cubans. . I know them Mr. MASON. I am reading an extract from a paper. Now I personally and I will furnish him some of the1r names and do nottranslatetheSpanishlanguage-the Senator perhaps does addresses. andicannotpronounce thenameof.thispapel~, which i~ aSpanish Mr. HALE. I should be very glad to have them. . reformist newspaper, interested now m supporting C aptam~General Mr. MASON. I will give you twonowthatiremember. Oneis Blanco. the son of our old collea!!"ue, Mr. Funston, in the House, and an~ Mr. HALE. It is a newspaper? other a young man by the name of Rhody, who lived in the city Mr. MASON. It is a newspaper, but it is friendly to the cause of Chicago and became a major in ~he insur~ent army, ~n.d who of Spain and it is not dealing with any question except the phys is a son of J. W. C. Rhody, of the city of Chicago. But It Is ~T"!le ical sitrui.tion of the inhabitants in this particular town. That that but few have left. It is also true, as shown by the Adnnms~ paper says: tration's messages to this body, that millions of dollars have been '.rher e is not a single physician in tho town an4 th~ pe?ple are dyi ng wi.th spent to keep men and guns and ammuniti~n from going from out treatment. WhatlS called the zone of cultivatiOn lS a myth. Nothing this country to fight in the cause of Cuba: while not one embargo of the kind exists. - 1898. CONGRESSIONAL RECORD-SENATE. 1579 That is as far as I care to read upon the question of the situa- his profession to be regarded as one of the most reliable reporters tion there from that particular paper. and editors in the United States. Under date of January 12,1898, Mr. HALE. What was the town referred to? he writes, covering this situation, and in order that we may get it Mr. MASON. I will have to read the whole extract to get it. all properly in the Record, I will ask permission to insert in my Mr. HALE. The Senator need not do that. It refers to a par- remarks that part of the article which I do not take up the time ticular locality? of the Senate to read. · Mr. MASON. Yes; I will read it: Plain questions call for plain answers. Within sight of this capitol, in the neighboring town of Managua, the con Says Mr. Pepper: dition of affairs is really horrible. Inquiries reaching me from the United States are pointed. They show a. There is a statement also in the newspaper as to the. condition strong desire to know the truth, and when known not to run away from it. In seeking to state the situation as now presented, I trust to do so with a. of the people who are dying without treatment, but I purpose to proper sense of the responsibility that would attach to misleading state show that further, from the statement of Mr. Pepper, who is in ments or to conclusions not warranted by the facts. that country now~ and whose reputation for veracity and good Is Cuba lost to Spain? The form of the guestion has to be shifted. When the Sagasta ministry came into lJOWer the view taken was that the policv of conduct and character in life had never been questioned by any Canovas and Weyler had lost the Island, but it might be won back. Autonomy one who knows him. I think the Senator knows him personally. was adopted as the colonial policy,andBlancocameoutcharged with the duty I will reach that a little later on. of winnmg Cuba back to its allegiance. The test of his success is an inexcus Mr. HALE. I wish to say to the Senator, if in dealing with con able one. Pacification, the resumption of peaceful industries, the disintegra tion of the revolution, and the acceptance of the new political system would ditions in Cuba he is quoting simply from correspondents of news be their own witness. Malcontents could not long hold out against evidence vapers, that no matter what worthy gentlemen may be engaged which would in itself be convincing. On the other hand, the absence of such m that business, I do not and no one will take them for official evidence can not be covered up or dis~uised for a long period. That the first promise failed was qmckly shown. Spain, after reversing on statements. There are two sides to this question from the corre paper the Wayler plan of concentrating the country population, has been spondents. I should hope, if the Senator puts in the statements of unable to feed the people whom she yet claims as her subjects. Nor is the Mr. Pepper, who is a correspondent of the Washington Star, that scheme of apologetic relief through the American people showing better results. A raindrop of comfort in the ocean of wretchedness is all that comes he will also put in the statements of Mr. Richard Weightman, of it. who is the correspondent of the Washington Post, who has been HOW TO SAVE THE SUFFERERS. months there and who we know can make and did make authori And under that head he takes up the number of deaths in Cuba tative statements . . Those statements simply offset one the other, during the last twelve months. and do not disclose to us the real conditions. The conditions are Since this is one of the topics concerning which definite word seems to be bad enough down there, but they are not as bad as the Senator's wanted, a brief digression may be permitted to describe the condition and the figures would make them out. needs of the starving remnant. The ouly way to save the survivors is to stop the cause of their misery. The commissary department of the United States Mr. MASON. I will discount them 50 per cent, and then you Army within a week could organize a system that would feed these sufferers, ought to vote for the resolution that I offer. nurse them back to health, and put them iu condition for physical labor. Mr. President, my purpose in stating this is to show the real Spanish administration could not do it in a century. Eighty thottsand, per haps 100,000, will follow the 200, coming. They have defeated the Spaniards in the field, and now, Mr. President, I do not care what your religious faith may be. with the starvation of women and children, the hope remains only I, who have studied in a modest way the evolution of nations~ am that the leaders for liberty may be bribed by the general who is here to say to my colleagues in this Senate that there iB no vicari not fearful of bribing, but never has been known to meet them in ous atonement for a nation's crime; no suffering on the Cross of the open field for fight. Calvary will lift the shadow of the law of compensation. For a ___:f But we are told that this may involve ourselves; that if we de hundred years we set our flag in the sky, and said: "This is the l niand peace in Cuba we may get into trouble. That is the answer land of the free and the home of the brave," at the same time sell the coward policeman always gives when he permits a bully to ing women and children to the highest and best bidder for ca.sh. ~ destroy a crippled child. But, my friend says, "Is Uncle Sam a No picture could be painted of the genius of America wherein the policeman?" Yes, yes. This is not couched i\the language of whipping post and the slave pen did not rear their heads, no mu international law; but it is international law. Uncle Sam is a sic of the Union but what was discorded by the songs of the slave. policeman. Monroe put the policeman's star upon his breast and It was not the fault of the South; it was the fault of our country. gave him charge concerning a continent, and all history shows The Supreme Court was as much my court in Illinois as it was that every time Uncle Sam has said to the people who attempted yours in South Carolina; but we committed a national cl'ime, and to interfere in Hawaii, in Mexico, in Cuba, or anywhere else on the law of compensation demanded settlement. this continent, he exercised his power as a police officer, and To be sure, we tore down the slave pen and the whipping post, the people of this country haive stood behind him with the Army but we did not have material enough to make headboards for our and the Navy and the TI·easury of the Govarnment~ Less than graves. On this continent it was written by a little American two years ago, when England sought to gather but a few miles of nun that in Cuba there are starving and naked women and chil tenitory in Venezuela, Grover Cleveland gave notice to them to dren, while the bucket shops and the money loaners· are sending stop, and pointed to this doctrine of Monroe (which I am pleased insulting telegrams to me to-day asking me to consider the price to call the police powers of the continent), and when the Presi of wheat and pork in my own State. I say to you with the dent of the United States, Mr. Cleveland, served that notice upon picture of starving women and children before me, I have no England and told her that she must keep hands off Venezuela, he heart to look at the price of pork in illinois. [Applause in the simply acted as a p.olice officer. All Christendom said "amen," galleries]. and England consented to the truth of our position and contention Perhaps the Senator would like a certified copy of the letter and when she arbitrated as to Venezuela. the lady's address. If Senators will go further and read the re This fight to-day, Mr. President, does not involve territory. It ports as to what is being done in Cuba, they will see that action involves the lives of dying men, women, and child,.ren, murdered has been taken along the lines of charity to help that particular nd starved by cowards under the guise of war./ The appeal of locality. my resolution is that this Government, 70,000,000 strong, with Our Children of Mary are perfect heroines, but only the older ones can police powers over this continent, shall say through the President enter into this den where the government has concentrated the country peo ple for the purpose of making them die from inanition. Their iniquitous that the Monroe doctrine is a lie, or that we shall rise in our might plan is a great success. After having passed weeks without food, thev are and say to these people, both to the insurgents and to the Span brought salt, codfish, or rice, and in eatmg ravenously they die. • iards, "Peace, be still." When that demand is made, there will A PLACE OF HORROR. be no more war with Spain than there was with England when we asserted the right to police the continent. There were a few Now, we could fill books with the horrors of this place. preparations; there were a few telegrams and cablegrams, but I am glad the Senator from Maine is not here. His sensitive the President of the United States, backed by the conscience of constitution might be shocked when I read this : , 70,000,000 people, said to a foreign country, "Stop; you are on Its history will yet be written. Our "Children of Mary," their husbands and frien~J and our good bishop, with many of the clergy, are hard at work this continent; you are trespassing beyond your limits, for we trying to aueviate this unheard-of misery. But it is almost impossible to aid have the police power;" and the strongest nation in the world so many. The Cubans are very charitable and generous, notwithstanding hesitated, stopped, and by the direction of this Government ended the poverty of everyone. They are wonderful! They have stripped them selves of everything to cover the naked, for naked they are, and living to in peace and in arbitration the question as to Venezuela. But gether packed as are the anima.ls in transportation ears. Just sol Just so! here to-day we are tol that we might be involved. I answer Do you understand? Can you imagine worse? And the filth! It can not be that we are involved. told. One more sample oft e war in Cuba. I have the original letter, There are in this place over one hundred little children without fathers or mothers. Nobody takes care of them, and some die daily. A woman who had but I shall read a copy of it and will furnish the original if any 11 children bas lost 7 in 3 months, and she is now dying of inanition. gentleman doubts its authenticity or its truth. It may not be that Our "Children of Mary" have beg~ed and are begging from door to door 33 per cent have died; it may not be thatlOper cent have died. I (those who can not be permitted to vtsit Los Fosos). Hundreds of garments have already been distributed. Two hundred beds have been sent for the believe the statement made by Mr. Pepper, because it is a conserva sick and dying. Some of our ladies go to wash the room, which is a perfect tive estimate of a conservative man; but let me read yon some of dunghilL the delightful situations in Cuba since this mild-mannered bribe I promised these ~ood ladies to appeal to my friends and old pupils in New · York for old clothing for men, women,and children, especla.lly for young giver has taken possession of the island. This letter is addressed babies, for alas- to Mrs. McGinnis, No. 40 East Seventy-sixth street, New York, who consents to having it printed. It is written by a nun, an American Mr. President, hear itt girl, who was a teacher in this country before she became the For alas- mother superior in this institution in Habana. Mind yon, this is Says this poor unfortunate woman- written since the new captain-general has taken possession, since they continue to arrive unexpectedly, and perhaps we might save some. the money that he took from the treasury of his country has been Those who fear war, those who watch the markets and the squandered in attempts to buy the soldiers of the republic. tickers and the bucket shops, those who fear for the disturbance HABANA, October ~5, 1897. of prices, tell us that war is hell. All right. In Cuba it is worse MY DEAR CHILD: Yesterday your most generous and opportune gift than hell. Dante with all his word painting never has described was received. With what eagerness we opened the box of food so kindly Los Fosos. With his cruel pen he tortured the sensitive, shocked sent by you! In fact, we are very badly off for food and other necessaries, but our mother from Mexico intends to help us a. little. and startled tlie world and satisfied the cruel, but in the supreme The war has destroyed the country and the population; but others have moment, although he saw naked, writhing, burning women and become very rich by it and do not wish the war to end. men he never dreamed to portray the cruelty of bringing a baby Let me ask the Senator from Maine, who was defending to-day from its mother's womb into Los Fosos, the inner recess of hell. the course of Blanco, whether he did not defend the course of And this is war; this is Spanish war; this is the war which the Weyler when I was on the floor some months ago, and has he not Republican party promised to stop ; and I deny the right of any moved from that diplomatic position so that to-day he joins with one to be a better Republican than I am, whether he sits in the the President of the United States and with all Christendom in White House or in the Senate of the United States. [Applause declaring Wayler to be a. brute and a fiend? in the galleries.] If I only could have two hours' conversation With yon! Oh, what horrors Mr. CHANDLER. Mr. President, I rise to a question of order. I could relate! Such as will never seem ~ossible when people shall read of I am in entire sympathy with the spirit of the remarks of the ~~:me~ff;rfi~:n~ l£~6et~~~~~.Y wnte some of it, and when I have the Senator from Illinois, but I know what the rules of the Senate are_, The war is cont~uing its work of destruction. Ca.ptan General Wayler's and I ask the Chair to give notice to the occupants of the galleries plan was to starve as many as he could and thus do away entirely with the that expressions either of approbation or disapprobation are not t-"uban race. He has succeeded in killing thus hundreds of thousands, with out exaggeration, by the compulsory law of concentration. allowed. Lately some of our older pupils discovered a place called "Los Fosos." The P~ESIDING OFFICER {Mr. MANTLE in the chair). The I hope Senators will remember this name-Los Fosos- Chair admonishes the occupants of the galleries to refrain from w hich means "the ditches," because it is a low and marshy place. There over any demonstration. Otherwise the ushers will be instructed to a thousand women and children of both sexes are living abandoned, unknown, clear the galleries. The Senator from illinois will proceed. and starving. Many are perfectly naked; all are h eaped up pell mell 1 They Mr. MASON. Mr. President, one moment we are charged with have been there nearly two months. Of their number, fifteen to twenty or thirty die daily. being for war and the next with being soft-hearted sentimental At night there is no light, and in the morning the corpses and living are ists, because we seek our party to keep its promise, because we found together. stand in line with civilization for peace and the growth of the 1582 QONGRESSIONAL RECORD-SENATE. FEBRUARY 9, people of the continent, because we insist upon a strictly broad approval of every honest American-that " forcible annexation and, if necessary, a new construction of the Monroe doctrine. by our code of morals would be criminal aggression." I propose The world moves. We can make history and we can make prece to show you now a few samples, as briefly as I can. dent. The precedent that is made along the line of liberty and Remember that we have always taken this position under the . civilization will live when we are gone. A precedent that we es Monroe doctrine-we have enlarged the .1\Ionroe doctrine to please tablish that is against the line of civilization and good conduct Spain. We have said that Spain should always control Cuba, will die when our betters shall take our places. unless she accomplished her independence or unless we bought I like precedents just as well as any one when they are on my her from Spain. We have, in other words, limited in. a measure side of the case. "Sentimentalists," they say; ~'you want us to the true Monroe doctrine to assist Spain, and in return we have re go and interfere in other people's business." All right, I am a sen ceived the curses of Spain, and in all diplomatic efforts with that timentalist. I do not deny it. The world without it would not country we have been met with fraud, delay, and deceit. be much. The Boston Tea Party was a sentimental party, not a During the war of the Revolution, when we were insurgents social function, as I remember it. This Government was estab fighting for the same thing that the Cubans are fighting for, Mr. lished on sentiment, and it was a sentiment that sent yon here and Wharton shows that Spain took three different positions in our sent me here, to represent a principle. Sentiment laid the foun case. She first sought to keep us disaffected, but subject to Great dation of this building. Sentiment writes the laws, but when Britain. When independence was the issue, she avoided us, fear we get away from the moorings of sentiment, when we take the ing that liberty would invade her colonies, and though she after bucket shop and worship it in the joss house, when before we vote wards tendered her services as mediator, the whole correspondence we listen to the ticker to know the state of the market, when the shows the usual lack of common honesty and sincerity. vicious people of the nation write the songs and the trusts and the Spain hates the idea of a republic to-day as much as she did bucket shops write the laws, the dawn of our day of decay is upon during our Revolution. The message of Washington to the Senate us and the night is not far off. shows the futile attempts made by commissioners and otherwise Mr. President, I am a sentimentalist. You people on the Dem to settle differences with Spain, the navigation of the Mississippi ocratic side have not forgotten the sentiments of your party, nor River, and the running of the boundary between the United we ours. One of the proud and happy considerations of life is to States and the Spanish territory of Florida. . read the history of my party, which is a part of my faith in life. The second message of President Adams recites to Con~ess that The first platform of our party was an inspiration for liberty. Spain refuses to withdraw her troops from our territory, and in his The Republican party has never written a platform with a view first annual message President Adams regrets that ''Spanish gar to capturing votes. God help us if at this late day we will go to risons still remain within our boundary." the Ame1ican people who put us in power in the White House Congress, replying to the President (that is one of the privileges and in the House of Congress and say to them, "Truly, we have from which we have been cut off; we can not answer a President's broken faith, but the resolution was for buncombe, to get your message the way they used to in olden times, except on the floor, votes in 1896." Did we mean anything by our platform when and each individual Senator must speak only for himself), said we wrote it? What in the name of God have we done to keep Congress regretted the actipn of Spain and that "the United our promise except the Senate has passed the belligerency right States have been faithful in the performance to Spain, and had resolution, and it is not certain whether or not he will pass it at reason to expect a compliance equally prompt on the part of that the other end of the Capitol (Laughter). I should have said" it." power." But a few days ago a Senator whose face I have been looking President Jefferson in 1805 sent a message to Congress calling into during the course of my remarks and whom I can not call by attention to the convention for the adjustment of. the spoliation name by reason of the barnacles known as Senatorial rules-that claims. He called attention to the fact that Spain had changed close the door whenever there is any good man to talk and opens her conduct toward us during the pendency of the convention. them wide when some new fellow wants to address the people-that There never was a day or a night too short for Spain to change her Senator, in my opinion, greatly learned in international law, as we mind at the proper and opportune moment to carry out her own sat entranced about him the other day after he had described the wishes. flags of the nations waiting along the coast of China to devour the It was first manifested by her protest against the right of France to alien carrion, settling a great international question of law, asked in ate Louisiana to us. Then high offense was manifested at the act of Congress his impassioned but eloquent way "Are we to become the China establishing a collection district on the Mobile, although by an authentic declaration immediately made it was expressly confined to our acknowledged f the West?" limits; and she now refused to ratify the convention signed by her own min· The blood tingled in my veins; the cords of my fingers con ister, under the eye of his sovereign, unless we would consent to alterations acted, and I felt like rising and saying, "No; by the cross of of its terms which would have affected our claims against her. To obtain justice as well as restore friendship I thought a special mission advisable, Christ, no;" but in the quiet of my own chamber, whE~n I consid and accordingly appointed J ames Monroe minister extraordinary, to come to ered the decadence of the Monroe doctrine and not its enlargement, an understanding with Spain as to the boundaries of Louisiana. when I considered that three hundred thousand people were starv It appeared at once that her policy was to reserve herself for events and to ing on the continent and we, like puppies, were afraid to bark or keep our differences in an undetermined state. After nearly five mont.hs of frmtless endeavor to bring them to some definite and satisfactory result, our protest against a friendly nation of murderers, then I thought ministers ended the conference without having been able to obtain indemnity how weak some of us were to bring about the performance of a for spoliations of any description or any satisfaction as to the boundaries of promise, and I said the '' China of the t." The ''China o the Louisiana. In a message to Congress in 1807, President Jefferson wrote: "Our differ· West"? od help us. I ~o w. Go on with._yonr.pla.n-o.L ences with Spain remain still unsettled, no measure having been taken on her cowardice. eacli your children to say, " Peac at any price." part since my last communication to Congress to bring them to a close." Let them forget the fathers an '. 1898. CONGRESSIONAL RECORD-SENATE~ 1583 young and brooding politician succeeds in preferment in propor spirit of which was held until the message came to Congress from tion as he can abuse the United States of America. Notwith the President. Here is the scheme of autonomy. We people who standing that fa-ct, which must make no difference here in the con have heard of autonomy have felt that it was going to be like sideration of this resolution, I would not injure Spain. I have no Canada, practically self-government, and the Senator from Maine disposition to do so. She has no monarch. Her people are largely says more liberal and democratic than any other offered by a illiterate. She has no revenue, no credit. Her soldiers are con mother country to her colonies. I should li1re to have it out with -. scripts, and her captain~-gen~ral ar.e by common consent either him on that question before we finish this discussion. fiends like Wayler or bnbe-givers like Blanco. I would not add A scheme of autonomy has be-en proclaimed by decree, to b ecome effective to her shame. We do not want her land; but if it is necessary to upon ratification by the Cortes. It creat es a Cuban parliament which, with the insular executive, can consider and vote upon all subjects affecting local save the starving babies, if it is necessary to save the poor down order and interests. trodden people of Cuba to buy them before we can save them, then in the name of God let us open the Treasury of the Govern It creates a Cuban parliament, a splendid sounding word for ment and buy them and then feed them. American consumption. There is an upper house to which they elect eighteen, and the Government of Spain appoints seventeen to How is it to day, feeding by charity. Whom? Feeding the very start on. people that the Spainards ought to feed. By what right or rule Mr. HALE. How is Canada in that respect? of morality and good ethlcs does the .Presi~~nt appeal ~or food for the wards of Spain, and deny Amencan citizens the nght to send Mr. MASON. The difference between that and Canada I will food or medicine to the insurgents in the hospitals? Up to a few discuss with the Senator at some othe.r time. I will confess to days ago $15,000 had been sent to feed whol!l? I am glad that it him now that he could probably ask a g1·eat many questions I has gone· God knows I wish I could double It; but by what rule, could not answer. by what 'law, Divine or human, does the Administration say to Mr. HALE. I suppose the Senator knew on that very point. The upper house of parliament is composed by this scheme. In us ''yon can feed the P.eop~e that Spain is tryii~g to sta~~e, but we will not open commumcat10ns that you may give mediCme to the Canada the entire upper house is appointed by the Crown. dymg women and children in the camp of the patriots?" Mr. MASON. Yes. The Senator from Maine can charge me with attempting to put Mr. HALE. In Cuba it is to be selected by Cubans. That is lead strings on the Administration. I have followed his footsteps why I asked the question. Mr. MASON. It is also tro.e that Canada to-day has continued in peace and political warfare at least. No gentleman who talks in that condition until she practically fixes among her own people so can honor him as much as I do, but I have shown you what her own policy. That is also true. But in this autonomy that is Spain's diplomats have been for a hundred years, and now I pro offered, not the one that came by cablegram, because I purpose to pose to show you the gold brick they have been giving to the show that there is not a word suggested in this message that is President of the United States. Autonomy! Autonomy-sweet absolutely effective to give liberty and independence to the men sounding word. Webster says that.autonomyis the ri_gh~ of self in Cuba. I say to you now that under this scheme of autonomy a rule. That is the way Webster puts It. The Century DICtiOnary captain-general can dissolve that assembly in an hour by his own and I know my friends will congratulate me if I have not q.u Canada. She will be a good neighbor. She will take care of her America should maintain a strict neutrality between the contending :(lOWers. according to each all the rights of b elligerents in the ports and territory of women and children and will have no war with kings." Autonomy! the United States. We said it meant the yielding of some at least of the strong power Resolved f urther, That the friendly offices of the United States should be of the Government known as sovereignty to the weak power of gov offered by the President to the Spanish Government for the recognition of ernment known as the autonomist condition of a subject. But the independence of Cuba. what did Sagasta say to the Queen? He secured his influence. That was passed in the Senate of the United Stat-es in February, He settled the question at the White House by cablegram, and 1896, by the overwhelming vote of 64 to G. Why have you changed then he turned on his knees to the Queen and said, ''Oh, most Royal your mind? The House ~OTeed to it by a vote of 247 to 27. Is it Highnes!:l, nothing of the central power of Spain is diminished or still the same House? Wait! Be patient! Are there not graves lessened by the proposed autonomy in Cuba." enough in Cuba already, Mr. President? Suppose, my friends, The central power of Spain would again appoint a captain-gen that we have overstated it . No one claims that less than two eral to subdue at once the army and the navy and the courts. The hundred thousand have died of starvation or bad treatment in the cent:ral power of Spain, which represents its sovereignty, turned way of going hungry days at a time and then weakening and into the hands of an assassin like Wayler, offered to the Island of dying. No one denies that. I believe the statement of five hun Cuba, that Uncle Sam may keep still a little longer, until he mur dred thousand to be correct, based upon the statistics furnished ders and bribes a few more. TP.e autonomy is heralded by the by the bishop and archbishop of those who are buried with the President of the United States as a thing calculated to give local ceremonies of the church. Shall we wait until the rest of them government, and yet Sagasta, the minister, says to theQueen, "In march into the grave? Shall we be guilty of what they charge us nothing, nothing,is the central power and sovereignty of the Gov with now? ernment of Spain lessened by the proposed autonomy in Cuba." Let me show you the Spanish idea of what we are doing. I will Had the President read the speech of Sagasta when he said in just read a short extract from that distinguished scoundrel with his message that they are to have local self-government, or at least an itching palm by the name of Christopher Perez as he wrote to that they can frame their own budget without let or hindrance, Aranguren begging Aranguren to accept the bribes of Blanco and or to be exact in the language of the President, to frame their own offering as a reason the fact that the United States was lying low budget, both as to expenditures and revenues without limitation to steal the island and subjugate them to slavery. of any kind? Had he read then thjlt the very scheme of procla No nation- mation provided that the Cuban parliament could not pass upon the expenditure of $1 in their own treasury until after they had Says this distinguished scoundrel- not only appropriated but paid the demands of the blackmailer, does favors without value received, and if we allow ourselves to be protected it will be at the cost of our indep endence. Spain? We should not be deceived. '.l'he Yankees will absorb us, and this independ· Mr. President, I desire to call attention to only one or two other ence for which so much blood has been shed we would be compelled to recon things on the question of autonomy. Let me read from article 36 quer it against a cOtmtry of '10,000,00) people. The Government of the United States, prohibited b y the powers of Europe, is not capable of doing anythin~ this. limitation: decisive. The United States dreams that it will remain posses ors of this To the Spanish Cortes belongs the determination of what shall be consid islan ~ I I I 1898. 3 CONGRESSIONAL · RECORD-SENATE. ~ 1585 sit silently by while it goes down, it goes down in shame, and we pension of Martha S. Harllee, widow of W. W. Harllee, a soldier are a party to the shame. We know, Mr. Pr~sident, ~hat it will in the Florida war." . come some time to stay, and let us at least mdulge m the hope SUBPORTS OF ENTRY AND DELIVERY IN TEXAS. that the time is now. Mr. MILLS. I ask unanimous consent for the present considerar I think I have taken more time than I should, and I would de tion of the bill (S. 3209) making Sabine Pass, in the State of Texas, sire to say only, in conclusion, that I have no disposition to ~ut a subport of entry and delivery. leading strings on my-Administration. I am a part of the A~ There being no objection, the Senate, as in Committee of the istration of my country; made so by the people of my Stat.e. I did Whole, proceeded to consider the bill. not turn over any part of my responsibility to any other officer. Mr. COCKRELL. I move to amend the bill in line 3, after the I endeavor as far as I can to discharge all the duties; and the Con words "SabinePass," by inserting "and PortArthur;" at the end stitution which gives this body the right, with the_ other body, to of the same line, after the word '• and," to strike out ''is" and in declare war must give it right to decide all questions that prop insert "are;" in line 4, after the word "made," to strike out "a erly come b~fore Congress regarding our foreign relations.. subport" and insert "subparts;" in line 6, after the word "at," I shall permit no man to question my loyal~y to my President. to insert "each of;" and in the same line to make the word He has been honored beyond my words to tell m the hearts of my "subport" plural. children before as well as since he became President, and he will Mr. MILLS. I have no objection to the amendments. be after ~ur public duties shall have been discharged. Like Lin The PRESIDING OFFICER. The amendments proposed by the coln and Grant and many great men he has I believ:e, b~en Senator from Missouri will be stated. deceived. I believe that the proposed autonomy and reciprocity The SECRETARY. In line 3, after the words ':Sabine Pass," it are shams to deceive him and the people, and I should be false to is proposed to insert " and Port Arthur;" in the same line, after the State I represent, the party I love, and the President I honor the word "and," to strike out "is" and insert" are;" in line 4, if I did not speak the truth as I see it. after the word "made," to strike out "a subpart" and insert I beg you to und.erstand me; and if I have given offense I hope "subparts;" in line 6, after the word "at," to insert "each of;" you will take it out of me sometime and _not out of the ca~se of and in the same line, after the word •' said," to strike out ''sub Cuba. I will say to you frankly, Mr. Pr~s1dent, and to. my fnends port" and insert" subparts;" so as to make the bill read: in the Senate, I have no other cause pendmg here but this. I know Be it enacted, etc., That Sabine Pass and Port Arthur, in the State of you will forgive me. I have not been long enough among you to Texas, shall be, and are hereby, made subports of entry and delivery in the even hope to learn a~ything of the art. of statecr~,ft. I have no customs district of Galveston, and a customs officer, or such other officers, interest, apparently, many other question than ~his. shall be sta.tiuned at each of said subparts with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other In every picture of my country I see strugglmg Cubans and services and receive such compensation as in the judgment of the Secretary their ultimate success. In the unjform of the man who surren of the Treasury the exigencies of commerce may require. dered at Yorktown I used to see Weyler's face, now Blanco's. The amendments were agreed to. Let me be fair with you and be you charitable with me. I have The bill was reported to the Senat.e as amended, and the amend no heart to turn my eyes 2,000 miles away to the west to occupy ments were concurred in. a peaceful island by acquisition of any kind, be Mr. CHANDLER. Unless some Senator isreadytospeakupon second Congress, ending 1\Iarch 3, and during the special session of the Sen· ate .March 4 to April 11. December 29 he again attended. January 4,1854:, the Oregon election case, I ask for a vote upon the resolution the Senate resolved that the Committee on the Judiciary inquire whether he which is now before the Senate. was entitled to retain his seat. January 16 the committee raport;ed the reso Mr. WHITE. Now? lution "that the Hon. SamuelS. Phelps is entitled to his seat in the Senate of the United States." It was accompanied by a minority report adverse to Mr. CHANDLER. Yes, now. the right of Mr. Phelps to a seat. Ma-rch 16 the resolution reported by the Mr. PETTUS. Mr. President, I desire to say a few words in committee waq rejected by a vote of 12 yea!l to 20 nays, and it was "Resolved, reference to the report concerning the case of Mr. Corbett claim That the Hon. SamuelS. Phelps is not entitled to retain his seat in the Sen ing to be a Senator from the State of Oregon. The question pre ate of the United States." sented by the report has been much discussed in the Senate. The The minority report in that case contains some interesting his cases bearing on the subject have been examined from the founda tory on that subject, but I shall not consume the time of the Sen tion of the Government. So far as the report shows, the case of ate in di.3cussing it. I want it understood that I am not debating Kensey Johns was the first. the question as to what ought to have been decided. I am not Mr. KYLE. Mr. President, I should like to have order, so that debating it on that theory. I am debating it on the theory that we may hear the Senator fr.:>m Alabama. Sitting so near him as it has been decided over and over again one way, and then, as it · I do, I can hardly hear what he says. is said, adversely; and that members have been seated here with Mr. CHANDLER. If the Senator from Alabama will allow me, out objection contrary to the ruling of those early cases. It is I will suggest the absence of a quorum. true members were seated contrary to those early decisions. Mr. PETTUS. I hope the Senator will not call in other Sena The next phase of the case was brought up by what are called tors to listen to a dull argument from me on this subject. the New Hampshire cases. It is claimed and asserted by the Mr. CHANDLER. I have no doubt the argument of the Sena Senator from New Hampshire (Mr. CHA "DLER] in·his argument, tor from Alabama will be worthy of any occasion, but I can not that the decision in these cases proves the correctness of the mi withdraw the call, having once suggested the absence of a quorum. nority report in this particular case. I do not consider that the I think this case concerning a vacant seat in the Senate is of suf decision goes to that extent; but it goes a long way in that dil'ec ficient importance to have a quorum of the Senate present when tion. it is acted upon. I insist upon the call. There is no use in reading the Blair nor the Bell case. They The PRESIDING OFFICER. The Senator from New Hamp are familiar to you all. They grew out of a particular situation shire suggests the absence of a quorum. The Secretary will call in the State of New Hampshire in its constitution and the act of the roll. 1866. The act of 1866 requires that the legislature elected next The Secretary called the roll, and the following Senators an before the vacancy shall fill it-the legislature elected, not the swered to their names: legislature sitting, not even the old legislature if it be in session, Allen, Deboe, Kyle, Pritchard., but the legislature elected next before the vacancy. It so hap Allison, Fairbanks, Lodge, Rawlins, pened that under the constitution of New Hampshire when these Bacon, Frye, McBride, Roach, vacancies occurred a legislature had been elected, but it did not Baker, Gorman, McMillan, Sewell, Bate, Hale, Mantle, Shoup, sit until the next year. Therefore, that legislature could not Burrows, Hanna., Mason, Spooner, elect under the law of 1866, it not being in session, and by the con Butler, Hansbrough, Mitchell, Teller, stitution of the State not to be in session until there was a va Carter, Harris, Money, Thurston, Chandler, Hawley. Morgan, Turpie, cancy.· The old legislature could not elect, although it might Chilton, Heitfeld, Pasco, Warren, have been in session, because it was not the legislature designated Clay, Hoar, Perkins, White, by the act of Congress. Cockrell, Jones of Ark. Pettigrew, Wilson. Kenney, Pettus, Now, you will observe that the Senate in the Blair and the Bell Cullom, cases from New Hampshire and in another case from New Hamp The PRESIDING OFFICER. Fifty-one Senators having an shire departed to some extent from the old ruling, by holding that swered to their names, a quorum is present. The Chair recog as the State was in such a situation that the legislature could not nizes t.he Senator from Alabama. elect, therefore the governor could appoint and appoint to a full -Mr. PETTUS. 1\fr. President, I propose to prove that the term. I have read these cases here. They are very ably argued question now before the Senate has been decided in such a way as on both sides. I do not intend to go into the argument, as I said that it ought to remain settled forever. I do not mean when I at first, but you will notice that there is a wide distinction between say the case has been decided that it has been decided once or cases where the legislature of the State could not possibly elect twice or three times and therefore ought to remain settled, but it under the law and cases where the legislature of the State was has been decided in such a way as that the Senate ought to be actually in session and ordered by the law of the United States to willing to allow the law to be known. It is nothing but a ques- elect a Senator and refused to do it. tion of law. • _ That is all that theNew Hampshire cases determine. They made In the first place, in the case of Kensey Johns, the first of the it a matter of necessity. True, they went to the full extent of election cases in the Senate, the identical question we are now declaring that a governor could fill a whole term. As I said be considering was decided, and not only decided, but in the decision fore, there were other cases where the Senate had allowed persons the Senate gave the reason for t he decision, and that reason is appointed to a whole term, who had been appointed by the gov stated in the resolution. ernor after the legislature had been in session, to take their seats without any question. A number of cases were cited by the Sen . George Read, a Senator from Delaware, resigned his seat in December, ator from New Hampshire [Mr. CHANDLER] in his argument a 1793, during the recess of the legislature of said State. The legislature met in January and adjourned in February, 1794. On the 19th of March Kensey few days ago. So this question had been variously decided when Johns was appointed by the governor of said State to fill the vacancy. It the great Mantle case ca.me up, and in that case the gentleman was determined that Mr. Johns was not entitled to his seat, a session of the who made the report in favor of Mr. MANTLE, and another, the legislatm·e having intervened between the resignation of Mr. Read and the distinguished Senator from Indiana [Mr. TURPIE], contended appointment of Mr. Johns. most earnestly that now was a chance to settle this question, and Here is the resolution: "let us settle it now and forever." That is the meaning of it. I hope those gentlemen do not belong to that class of men who think Resolved, That Kensey Johns, appointed by the governor of the State of a question never is or can be settled until it is settled according Delaware as a Senator of the United States for said State, is not entitled to a seat in the Senate of the United States, a session of the legislature of the said to their own peculiar views. I want to show exactly how that State having intervened between the resignation of the said George Read question was debated in the Mant.Ie case. and tho appointment of the said Kennoy Johns. The distinguished Senator from Massachusetts [Mr. HOAR] was That decision was made prior to the act of 1866, designating the the first to lead off in what I consider this line of conservative legislature by which Senators should be elected, but it involves wisdom, because there is no doubt in the world that you had bet exactly the same principle. Not long afterwards there were ter have a case settled and allow the people and the country to divers other cases which came up, involving kindred questions. know what the law is than to be forever debating it in this body. I am only going to call the attention of the Senate to two cases The Senator from Massachusetts, who made the report and led in bearing directly on this subject in the early period of our history. the debate, used this language, and if it means anything, it means the very thing for which I am contending here: There ar~ a great many other cases bearing on this subject, but it would weary the Senate to have them· all called to its attention. I am gratified that this question now arises under circumstances where it can be settled without any thought or imputation of partisanship upon any I desire now merely to call to the attention of the Senate the case Senator delivering his judgment, because, although it happens there are two of Samuel S. Phelps, appointed Senator from the State of Ver Republicans and one Democrat affected by these reports, there is a. Senator mont. I will read the facts: in this boJy, who took his seat on the 4th of March without question, whose title depends upon virtually the same thing.-Congressional Record, volume Mr. Phelps was appointed by the governor of Vermont January 17, 1853; 25, part 1, page 43. during the recess of the legislature, to fill a vacancy in the Senate happen ing by the death of William Upham. His credentials were presented and he There was a proposition on the part of the Senator from Massa took his seat January 19. The legislature met in October and adjourned in chusetts to have this thing settled here in this case, where we December without electing a. Senator to fill the unexpired term. Mr. Phelps had held the seat during the remainder of the second session of the Thirty- · could have a fair chance, the Senator from Florida [Mr. PASCO] 1898~ CONGRESSIONAL RECORD-SENATE. 1587 having been admitted and liable to be turned out, and there being Union had a right to charter banks. Everybody knew it. The two Democrats on one side and two Republicans on the other and Supreme Court of the United States had so pronounced time and all depending virtually on the same subject. time again. There was scarcely a single court in a State in the When I · speak of the Mantle case I desire Senators to include United States, where the State was twenty years old, that had not in it the two other cases decided at the same time. The great decided the same thing. Mantle case was debated from March until way into August be The question came before the Supreme Court, after the Congress fore it was decided, and it was debated by many of the strongest of the United States bad levied what they called a tax on State men in the Senate at that time. The distinguished lawyer now banks. They called it a tax. You can not make a lie a truth by occupying a seat as the senior Senator from Indiana, speaking on enacting it. It is not a tax at all. It is a prohibition. It says in the same side of the same question, said he. wanted the case de substance-! am not going to pause to read the statute, but I am cided once forever, just like the Senator from Massachusetts. He perfectly familiar with it-that if any bank, State or national, said: issues a bank note, the bank so issuing the note shall pay a tax of 10 per cent for the issue. If the note goes into another bank the It would be perhav.s as fair a way as any to treat this as a case of first in stance, the same as 1f no decision had been made upon it, and to remit the sa.me day and is reissued, whether it is reissued by a State bank present court, the members of thi"' body sitting in judgment, to the text of or a national bank, the bank making the second issue shall pay a the Constitution itself, to the letter of the passaga relating to the appointing tax of 10 per cent on the amount of the note. So if it go into a power, and the spirit of the context in which it is found, and the tenor and purpose of the whole instrument.-Congressional Record, volume 25, part l, third and a fourth and a fifth, and it may be passed through banks page 68. ten times in one day, and if it is so passed ten times the entire note is consumed in the tax upon it; and they'call it a tax. It is Evidently both of those Senators had in their minds that. this a prohibition against the State authorizing the issue of bank notes vexatious question had been before the Senate for a long time and at all by State banks. that it ought to be settled, and they proposed a settlement in the Did the State have a right to charter banks? It was never ques words I have read, and it was settled; that is, it was decided. But tioned before the war. The idea was never suggested. It was if we are forever to treat this question in a partisan sense, if we suggested that the State could not do a banking business itself, are forever to debate it, then the debate will only work injury to and that was the question in the case of the Bank of the Com the country at large. monwealth of Kentucky; bnt it was never even suggested in any Mr. President, the importance of having the law decided and court that a State did not have a right to charter a bank of issue. known can not be overestimated. Some men treat it as a trilling _ Yet, when the case came before the Supreme Court of the United circumstance that a question has been decided for fifty years one States in the ease of the Veazie Natianal Bank, there were some way, and overturned by that sort of logic which some men have splendid logicians on the bench at that time, and they proved to which can prove a lie to their qwn satisfaction. The judicial the satisfaction of a scant majority of the court that the State learning of the United States, especially in the last thirty or forty never had any such right; that the United State Congress had a years, ought to be a lesson to all mankind of the importance of right to prohibit-they did not put it in so many words, but that adhering to that which has been the settled law for ages. is the meaning of it, its plain logical meaning-had a right to pre If we study them well, we will see the great wisdom of our vent a State from chartering a bank of issue. Saxon forefathers in inventing this idea that when a cause is once My remembrance is that the decision was made by a majority of . decided it ought so to remain and remain forever. The law courts 1 and after a long and fierce contest. There were some of the have it, and it has gone into a maxim in the law courts, that it is old fogies left there then, and they demonstrated, so far as the for always better that the law should be decided and known than it mer decisions reached, so far as former rulings of the court for is that the law should in the first place be settled with technical seventy-odd years went, that the State bad this power and that no . accuracy. Now, whenever you get away from that fundamental power on earth could take it away from them. But they were old principle of the law courts, you are at sea. fogies. They believed in the decision. They really thought that I will merely call attention to one or two cases. They are fa -?'ohn_Marshall knewsomething about the law. They had respect miliar to all of you, and therefore need not be read. What law for h1m. But when you tear down the respect which we ltave for yer on earth ever heard before the war that paper money could be the decisions of the great m en that went before us, when you tear coined? Did we not all know that paper money could not be coined down the respect for their opinions, when you unsettle all that they in the United States? Yes; we knew it from the decisions of the did, you are in a very good condition to tear down the balance of courts; we 1.~ew it from reading the books; we knew if from the your country and your government. Your mind is rightly framed practice of the country. for it. It was a settled thing if anything on earth ever was settled You had a very recent experience in the same line. Congress paper money can not be coined. Well, it was coined. Under the thought the Government was in need of money; the tax bill necessities of war it was coined. Finally, when the war was over, would not perhaps yield all that was wanted; they thought they it came before that august tribunal, and there happened to be a would fix a way to tax money-to tax incomes-and they levied a large number of these great old judges still on the bench. The tax on the income of the people of the country. I do not know question was debated and debated by the great lawyers of the whether you were right or wrong in levying the tax. I am not country and dE-cided as it had been decided in substance for a good going to debate the question. It is not involved in what I have to part of a hundred years before. The court decided that you could say. But you enacted the law and said a certain income should not coin paper-! will not say anything about silver, for fear the be t axed in a certain way; and does not every lawyer who is 40 Senator from Nevada [1\Ir. STEWART] might hear it. That great years old know that you have a right to do it? At least it had tribunal, after mature, deliberate, long, and protracted considera been so decided time and time again on the very principle on tion, decided that paper money could not be coined. which you based that tax-the exact principle. These old men of wisdom, who paid some attention to the teach In that decision there came up this wonderful logical power for ings of our ancestors and the great judges who went befot:e them, which I am coming to have a real aversion; when the logical were considered old fogies. Ninety-nine times out of a hundred power becomes so great as to be able to overturn fundamental when you call a man an old fogy, it is proof that he wants to adhere principles and to demonstrate by that logic to the satisfaction of a to the laws and customs of his country. But there was a more court that it is right to over turn these old and established laws of progressive age-. Mr. President, that which you call progress is the land, because I tell you that when a decision has been made very often a retrograde movement. But there came an age of and it has been adhered to for years, the man who overturns it is improvement. The old fogies died off the bench; new men took overturning a law of the land, and nobody can dispute it. The their places, m ore accustomed to the logic of their own minds than long-established decisions of the court s are what made the common to the wisdom of the judges who had gone before for a hundred law. There is comparatively little of it that was ever enacted by years. I tell you this sharpness of logic that can enable a man to the British Parliament. The law of England was made by the prove a false proposition to a demonstration as he would a prob decisions of the judges, and when a decision had been made and lem in Euclid is the most dangerous thing that ever God allowed was acquiesced in for a term of years, it was just as much the law to be on the bench of any country. of England as any statute Parliament could enact. I say, the I do not want to argue this question. I am merely calling your man who has logical power sufficient to overturn these long attention to some things that have happened in our history, that established principles is a dangerous man to the libertiAs of the have gone into history itself, and that question is now settled. country, because it never was designed by the English-speaking Oh, yes; it is settled. Paper money ca.n be lawfully coined under people of any country that a court should enact any law. the Constitution of the United States. It has been so enacted by Mr. CHANDLER. Will the Senator kindly allow me to ask the Supreme Court of the United States and is now the law. him a question? From the foundation of the Government it was decided over Mr. PETTUS. Certainly. and over a.gain (I merely cite the case of the Bank of the Com Mr. CHANDLER. I ask the Senator whether he makes any monwealth of Kentucky as one, but it was decided over and over distinction in the application of this principle, known as the again; it needed no authority to prove the proposition; it was a principle of stare decisis, between the courts of law and legisla matter known of all men and of all courts) that every State in the tures? In other words, whether the principle of which he speaks • 1588 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, is not a principle that the courts apply to protect property rights gressive age. We live in an age when our intellects are so sharp· which have grown up under a series of decisions, and is not ap ened that almost anything can be proved. I am sorry for it. I plicable to a question of this kind, a question of parliamentary have always thought that one grain of common sense is worth all law or a question of public law, where rights do not grow up in the chop logic that ever was invented. the way property rights do, under the decisions of the courts, Mr. HOAR. May I ask the Senator from Alabama a question? until it becomes important to society that they shall be respected. Mr. PETTUS. Certainly. Can the Senator point to any decision where the doctrine of stare Mr. HOAR. Do I understand him to say that if a decision o~ decisis is asserted to be a doctrine of parliamentary or public the Supreme Court should be made which it could be proved law? mathematically was incorrect, he would not be in favor of over Mr. PETTUS. I can not show any decision where it has been ruling it? ruled expressly by a parliamentary body that what had been Mr. PETTUS. I do say that, but that is not what I said before, decided and acquiesced in for years was law. I can not turn to Mr. HOAR. I so understood the Sanator. such a decision. I do not remember it. Parliamentary law has Mr. PETTUS. No, sir; I did not say that before; but I do say been a subject of very recent study with me. But, Mr. P1·esident, that unless it concerns the liberty of the subject or is vital to the the rule that the law had better be decided and known than that Government it ought never to be overruled after it has become it should be, in the first instance, decided with technical accuracy an established principle of the coUI"t. What I did say was that does not apply merely to rights of property. It applies to all this logic of modern times has become so sharp, so incisive, that rights. a man can prove a falsehood to a mathematical demonstration. Mr. HOAR. May I ask the Senator from Alabama a question? That is what I meant to say. No, sir; a judge has no right to Mr. PETTUS. Certainly. overrule it. I not only say that it ought not to be oven-uled, but Mr. HOAR. I desire to ask the Senator whether he thinks that he has no right to overrule it. He is violating his duty as a that it would have been right for the EngliBh judges to overrule judge when he overrules it, unless it is one of those vital things the case of the ship money, The King against John Hampden, in that trespass on human liberty or infringe on the Government an age more enlightened and free than the age where the judges-- itself. Is it not the law of the land? I will ask the Senator. Is not Mr. PETTUS. Oh, the Senator wants to hitch my absolute a decision long made and long established that concerns the rights love of liberty, my absolute love for freedom, within the bounds of individuals the law of the land? of law. · Mr. HOAR. As the Senator puts that question to me, I will Mr. HOAR. No; I only want to bring the Senator's conspicuous answer him in the words of Sir William Blackstone, who is sup4 common sense- posed to be a pretty good, conservative authority. He says, if I Mr. PETTUS. If you want me to answer directly, I say it was recollect aright, that it is improper to speak of an erroneous de· right to overrule it. It was manifestly a violation of the liberty cision as bad law; that it is no law. of the subject in the first place, and in the next place it did not Mr. PETTUS. Sir William Blackstone does say, and he says involve any right of the individual which was overruled by it. correctly, sir-- The overrtili.ng of it only reasserted what the English people Mr. HOAR. Let me complete my answer. I would answer always claimed, and that was, the liberty of a British subject, not very frankly that if the Supreme Court of the United States that they could trample upon him by edicts of council or even by should at any time, by a mistake or blunder, hold that two and acts of Parliament. But this principle for which I am contend two make five, I do not agree with the Senator from Alabama that ing applies to all rights of individuals; not merely property rights, the American people are helpless for all time under that decision. but all rights. I understand the Senator to say exactly that. How is a merchant ever to know when he is walking on safe ·Mr. PETTUS. I did not say that, or anything that was akin ground? We have a law, and a law so stringent that no human to it. being can overturn it. It is that if a man make a paper-well, a Mr. HOAR. The Senator said that if it was proved mathemat. ''commercial paper," I will call it-commercial paper means divers ically to be mistaken he still would not overrule it. thing~ in divers States; but if he makes a commercial paper and Mr. PETTUS. I say that if a decision has been made and has signs it and it gets into the hands of a bona fide holder, where is been long established and recognized as the law of the land (I his defense? He got nothing for it; not a cent. Fraud was com mean a decision made by the highest tribunal, of course), then nritted on him-the grossest possible fraud on earth was commit unless it concerns the liberty of the subject or some vital power ted on him in getting him to sign it. He signed it by the induce of the Government it is the law of the land, and no judge on earth ment of fraud. What court in the land would tell the merchant has a right to overturn it, although it may have been erroneously that he should not collect that note? decided at first. I ask Senators what property rights are involved? That is a Mr. HOAR. If I may ask the Senator one other question, I will mere right; there is no property in it. It is a right of contract. not trouble him again. Does the Senator regard the right of a The man can not prove anything on earth if that note gets into State in this Union to be represented half the time only instead the hands of a bona fide holder for value before maturity. It does of being represented all the time to be one of the exceptions which not make any difference what can be proven; you may just imagine concern vital matters of Government? any state of facts that you can; the merchant is going to get his Mr. PETTUS. I do not, and I do not think the Senator can judgment on that note. understand it that way either. I think, as I said before, that it is Mr. ALLEN. Will my friend permit me a suggestion? better for this whole country that the question we are now dis Mr. PETTUS. Certainly. . cussing should be settled and known, so that States and governors Mr. ALLEN. It is right in line with what the Senator from and legislatures could know what they were doing, than that the Alabama is saying. The reason underlying the doctrine of stare law should have been settled in the first instance with technical decisis, which we apply to property rights, applies with full force accuracy. That is what I say, and the books say it. I do not be in fixing and maintaining the relations of the States to theNational lieve that the Senator from Massachusetts, when he was a great Government and the right of representation. judge presiding at the head of that great court up in that great Mr. PETTUS. It applies to the very case before us. Here is a State, ever overruled any decision that was long establiBhea and right claimed and here is a decision made on it over and over known as the law of Massachusetts. I do not believe he did. He again. However, when I was interrupted I was stating that there was a great lawyer, and he is a great lawyer now, but he has cul· are hundreds and hundreds of cases that occur to every lawyer in tivated his logical powers to such an extent that I am no fit person this Chamber where men have acquired rights and made con to answer him. tracts under the settled law of the land. Do you tell me that a Mr. President, I have consumed enoug'h time in debating these judge has a right to take away their rights? I say no; that judge abstract questions. What are the facts in the case we are now is doing nothing else in God's world but repealing the law of the discussing? Simply that the legislature of Oregon was appointed land by his own word. The instance I last referred to was the to meet, I believe, on the 7th day of January of last year, and it income tax. We all know its history, and it is a ·sad pict1ue in met. The constitution required it to meet on that day. the records of the country. It is as sad a chapter as the McArdle Mi·. TURPIE. I ask the Senator from Alabama whether he case from Mississippi, for the Supreme Court waited for Congress. will yield for a motion to adjourn? One of those old fogies, as they have come to be considered in the Mr. PETTUS. Any way will be agreeable to me. history of the time, one of those very old fogies who are so much Mr. TURPIE. I move that the Senate adjourn. criticised at the present da.y, Justice Grier, in that august body, Mr. CHANDLER. I ask the Senator to substitute a motion for repeated the Latin sentence which means, " I wash my hands of an executive session. this great shame." The Supreme Court waited upon Congress be Mr. TURPIE. It is too late. There is not a quorum present. fore they would turn a man out of a military prison during pro The PRESIDING OFFICER. The Senator from Indiana moves found peace. . that the Senate adjourn. Mr. President, the principle for which I am contending is far The motion was agreed to; and (at 4 o'clock and 56 minutes reaching. The EngliBh judges understood it; the American p.m.) the Senate adjourned until to-morrow, Thursday, February judges undflrstood it and appreciated it. But we live in a pro- . 101 1898, at 12 o'clock meridian. ---