1900. CONGRESSIONAL RECORD-SENATE. 1859 other citizens of Brunswick and New Hanover counties, N. C., By Mr. UNDERHILL: Petition of Louis F. Haffen and other including the Chamber of Commerce and Produce Exchange of citizens of New York, to authorize the Secretary of War to con­ Wilmington, N. C., for an appropriation for the improvement of tract with Charles Stoughton for the construction of the Harlem

Lockwoods Folly River, North Carolina1 to accompany joint res­ Kills Canal, etc.-to the Committee on Rivers and Harbors. olution No. 12-to the Committee on Rivers and Harbors. By Mr. YOUNG of Pennsylvania: Petition of the Link-Belt By :Mr .. BOWERSOCK: Petition of R. P. Kelley, of Eureka, Engineering Company, of Philadelphia, Pa., in favor of Senate Kans., asking that the Government continue the manufacture and bill No. 1159, for improved facilities in the Patent Office-to the distribution of blackleg vaccine-to the Committee onAgriculture. Committee on Patents. Bv Mr. BURKE of South Dakota: Remonstrance of John P. Also, petition of Schandein & Lind, Philadelphia, Pa., for the Tenold and other citizens of Flandrea~ S. Dak., against the repeal of the stamp tax on proprietary medicines, perfumery, etc.­ parcels-post bill-to the Committee on the Post-Office and Post­ to the Committee on Ways and Means. Roads. Also, petition of John Rhoads Company, in relation to the rev­ By Mr. CATCHINGS: Papers to accompany House bill relating enue tax on warehotise receipts-to the Committee on Ways and to the claim of Eugenia M. Allen-to the Committee on War Means. Claims. Also, petition of the Dorsey Printing Company, of Dallas, Tex., By Mr. CUMMINGS: Papers to accompany House bill No. 8316, for the improvement of Trinity River from the Gulf of Mexico to granting a pension to Harry E. Fillmore-to the Committee on the city of Dallas, Tex.-to the Committee on Rivers and Harbors. Invalid Pensions. Also, resolution of the Firemen's ~ssociation of the State of· By Mr. DOLLIVER: Resolution of McPherson Post," No. 33, Pennsylvania, opposing the passage of Senate bill No. 1743, estab­ Department of Iowa, Grand Army of the Republic, for the pas­ lishing a division for the regulation of insurance among the several sage of a service-pension bill-to the Committee on Invalid Pen:­ States-to the Committee on Intsrstate and Foreign Commerce. sions. . By Mr. DOVENER: Papers to accompany House bill No. 1782, for the relief of D. B. Clark-to the Committee on Invalid Pen­ SENATE. sions. Also, affidavits of Dr. J. W. Ramsey and others, to accompany ' FRIDAY, Feb1·uary 16, 1900. House bill to increase the pension of Beckwith A. McNemar-to the Committee on Invalid Pensions. The Secretary proceeded to read the Journal of yesterday's pro­ By Mr. ESCH: Resolutions of Racine (Wis.) Trades and Labor ceedings, when, on m-0tion of Mr. F AIRB.A.NKS, and by unanimous Council, protesting against the passage of House bill No. 5067, consent, the further reading was dispensed with. concerning the boarding of vessels-to the Committee on the .Mer­ The PRESIDENT pro tempore. The Journal", without objec· chant Marine and Fisheries. tion, will stand approved. By Mr. GAMBLE: Petition of John P. Tenold and other citi­ PUBLIC RECEIPTS .A.ND EXPENDITURES IN CUBA, zens of Flandreau, S. Dak., protesting against the passage of the parcels-post bill-to the Committee on the Post-Office and Post­ The PRESIDENT pro tempore laid before the Senate a commu­ Roads. nication from the Secretary of War, transmitting, in response to By Mr. KNOX: Paper to accompany House bill relating to the a resolution of the 17th ultimo, a statement showing the receipts claim of Jose})h S. Gillow-to the Committee on War Claims. from customs, postal service, internal revenue, and miscellaneous By Mr. LACEY: Resolution of General Hancock Post, No. 22, sources from the date of the occupation of Cuba by the military Department of Iowa, Grand Army of the Republic, urging the forces of the .Government, January 1, 1899, to December 31, 1899, passage of House bill No. 2583, giving veterans preference in em­ etc.; which, with the accompanying papers, was referred to the ployment-to the Committee on Reform in the Civil Service. Committee on Relations with Cuba, and ordered to be printed. By Mr. LATIMER: Resolution of the Young Men's Business ADJOURNMENT TO MONDAY, League of Charleston, S. C., in favor of an amendment to the in­ terstate-commerce law-to the Committee on Interstate and For­ Mr. HALE. I move that when the Senate adjourn to-day it be eign Commerce. to meet on Monday next. By Mr. MEEKISON: Papers to accompany House bill No. 7704, Mr. NELSON. I hope that motion will not be adopted. We granting a pension to Maggie M. Myers-to the Committee on In­ have so many im})ortant matters that we ought to be in session valid Pensions. to-morrow. By Mr. :MERCER: Resolution of the Farmers' Institute of Ne­ The PRESIDENT pro tempore. It is not open to debate. The braska, protesting against any change in the present tariff law question is on the motion of the Senator from Maine. with regard to products of Puerto Rico and other tropical islands­ The motion was agreed to. to the Committee on Ways and Means. MESSAGE FROM THE HOUSE. By Mr. MIERS of Indiana: Paper to accompany House bill No. A message from the Honse of Representatives1 by Mr. W. J. 4673, for the relief of Josiah Standley-to the Committee on In­ BROWNING, its Chief Clerk, announced that the House had passed valid Pensions. a bill (H. R. 4006) to autho1ize the Union Railroad Company to Also, paper to accompany House bill No. 7170, granting a pen­ construct and maintain a bridge across the Monongahela River; sion to Samuel Setzer-to the Committee on Invalid Pensions. in which it requested the concurrence of the Senate. By Mr. NEVILLE: Papers to accompany House bill No. 4827, granting a pension to Emily M. Gillespie-to the Committee on ENROLLED BILLS SIGNED, Invalid Pensions. By Mr. NORTON of Ohio: Papers to accompany House bill No. The message also announced that the Speaker of the House had 7794, in the matter of granting a pension to John Conter, of Tiffin, signed the following enrolled bills; and they were thereupon signed Ohio-to the Committee on Invalid Pensions. by the President pr-0 tempore: By Mr. ROBINSON of Indiana: Petition of the United Brother­ A bill (H. R. 5288) relating to lights on steam pilot vessels; and hood of Carpenters and Joiners of Elwood, Ind., in relation to the A bill (H. R. 7739) to amend an act making appropriations for reclamation and settlement of public land-to the Committee on the construction, repair~ and preservation of certain public works the Public Lands. on.rivers and harbors, and for other purposes, approved March By Mr. SHOWALTER: Papers to accompany House bill No. 3, 1899. 5938, granting a pension to James W. Wick-to the Committee ou­ THE PHILIPPINE ISLANDS, Invalid Pensions. Mr. LODGE. Mr. President, I desire to give notice that on By Mr. SPALDING: Petition of the Congregational Church of Wednesday next, immediately after the routine morning business, Oriska, N. Dak., forthepassage of a bill limiting absolute divorce I shall ask the leave of the Senate to submit some remarks upon in the District of Columbia-to the Committee on the Dist1·ict of the various bills and resolutions relating to the Philippine Islands. Columbia. Also, petition of Hans L. Ugland and 184 other citizens of the PETITIONS AND MEMORIALS. State of North Dakota, in favor of the Pettigrew amendment to Mr. FOSTER presented a petition of the Sunday school of the the homestead law-to the Committee on the Public Lands. First Christian Church, of Olympia, Wa.sh., praying for the By Mr. SPERRY: Resolutions of the State prison directors of enactment of legislation to prohibit the manufacture and sale of Connecticut, against the bills restricting or forbidding the inter­ alcoholic liquor in the Rawaiian Islands; which was referred to state transportation of prison-made products~to the Committee the Committee on Pacific Islands and Puerto Rico. on Labor. He also presented the petition of Mrs. Homer Hill, president, By Mr. TERRY: Papers to accompany House bill granting a and Miss M. E. Pike, secretary, on behalf of the Woman Suffrage pension to James B. Mahan-to the Committee on Invalid Pen­ Association of Washington, praying for the adoption of a six~ sions. teenth amendment to the Constitution prohibiting the disfran­ Also, papers to accompany House bill granting a pension to chisement of United States citizens on account of sex, and Clarence E. Haney-to the Committee on Invalid Pensions. remonstrating against the insertion of the word ''male" in the 1860 CONGRESSIONAL RECORD-SENATE. FEBRUARY 16, suffrage clause of the constitution to be framed for the govern­ Mr. HOAR. Iaminstruct~d bytheCommitteeon the Judiciary, ment of Cuba, Puerto Rico, Hawaii, and the Philippines; which to whom was referred the bill (S. 3131) to amend section 4438 of was referred to the Select Committee on Woman Suffrage. the Revised Statutes of the United States, relating to the officers of Mr. QUARLES presented the petition of Henry Halverson and steam vessels, to ask that that committee be discharged from its 40 other citizens of Dodgeville, Wis., praying for the establish­ further consideration, and that it be refe1Ted to the Committee on ment of an Army veterinary corps; which was referred to the Com­ Commerce. The bill came from the Attorney-General's Office, mittee on Military Affairs. where I suppose it was drawn; at any rate, it came to us from Mr. THURSTON presented a petition of sundry citizens of Ne­ there, and was referred to the Committee on the Judiciary inad­ braska, praying for the establishment of an Army veterinary vertently. corps; which was referred to the Committee on Military Affairs. The PRESIDENT pro tempore. In the absence ofobjection, the Mr. McBRIDE. I present a petition of the Chamber of Com­ Committee on the Judiciary will be discharged from the further merce of Seattle, Oreg., praying for the enactment of legislation consideration of the bill, and it will be referred to the Committee to grant pensions to veterans of certain Indian wars. I ask that on Commerce. the petition be printed in the RECORD and referred to the Com­ Mr. SHOUP (for Mr. BAKER), from the Committee on Pensions, mittee on Pensions. to whom was referred the bill (S. 29611 granting an increase of There being no objection, the petition was referred to the Com­ pension to Michael Lochard, i·eported it without amendment, and mittee on Pensions, and ordered to be printed in the RECORD, as submitted a report thereon. · follows: He also (for Mr. BA.KER), from the same committee, to whom To the honorab"le the Congress of the United States: was referted the bill (8. 2962) granting an increase of pension to The Chamber of Commerce of the city of Seattle respectfully presents to William Blades, reported it with an amendment, and submitted a Congress the propriety of giving pensions to the men engaged in the early report thereon. Indian wars of the nation. These men were pion~ers of the country. They BILLS INTRODUCED, blazed the way for those who came later. They cleared the first land; they built the first houses. opened the first schools, inaugurated the first business. Mr. KENNEY introduced a bill (S. 3200) granting a pension to ventures, and were first to make the country habitable for men and valuable for the Government. Here, in what was then Oregon, when the United States John P. Hinsley; which was read twice by its title, and referred all but spurned and rejected them, they formed a. little Republic of their own, to the Committee on Pensions. made their own laws, their own money, their own postal affairs, and, in de­ He also introdµced a bill (S. 3201) to correct the military record termined opposition to a IS'reat and ag~ressive foreign power, held the coun­ try for the American nation and people. It was a wonderful thing for such of James S. Coyle; which was read twice by its title, and referred a handful of people to do. The worth of what they did was beyond calcula­ to the Committee on Military Affairs. tion or estimation. '!'he lesson of patriotism they taught was priceless, in- He also introduced a bill (S. 3202) to coITect the military record deed. • The nation can not be too grateful nor say nor do too much in return. of Jo4n Green; which was read twice by its title, and referred to These people had the experience of all American pioneers. The Indian race the Committee on Military Affairs. and the white race clashed. There was war between them. In that war, or Mr. PLATT of New York introduced a bill (S. 3203) for the those wars, the settlements of the white men were destroyed. Their houses were burned, their domestic animals driven off and slaughtered, their own relief of the widow of Chaplain John R. Mathews, deceased, United lives ta.ken whenever and wherever possible in the merciless effort to ex­ States Navy; which was read twice by its title, and, with the ac­ terminate them. The men rose in a body, and fought the savages bravely companying paper, referred to the Committee on Pensions. and determinedly. As elsewhere from the Atlantic to the Pacific, the fittest Mr. FOSTER introduced a bill (S. 3204) for the relief of L. A. survi\ed, and, as the result of the exertions of these pioneers, the country is now one of the best portions of our fair land without division or question. Davis; which was read twice by its title, and, with the accom­ No men did more for their country than these first men of Oregon and Wash­ panying paper, referred to the Committee on Post-Offices and ington. That their efforts should so long have gone unrewarded-nay been Post-Roads received ungratefully-is beyond comprehension and far from creditable to the Government and the people who were the real beneficiaries. Mr. McMILLAN introduced a bill (S. 3205) for the relocation Most of them were fina.nmally mined in the wars, and few of them ever of certain tracks of street railways in the Distric~ of Columbia; received compensation for their losses. Even for the property taken by the Govel"D.IDent they were generally inadequately paid, while for their services which was read twice by its title, and referred to the Committee in the field they got less than half what was paid Californians similarly en­ on the District of Columbia. gaged about the same time. They fought for their country as truly as the Mr. FRYE introduced a bill (S. 3206) granting an increase of men who fought in the civil war and in the war with Spain. The few who survive are now old men and women, from 60 to 90 years of a.ge, most of them pension to Moses King, jr.; which was read twice by its title, and needy, some of them living upon the charity of the public. and all deserving referred to the Committee on Pensions. of the best the nation has to give to its most honorable sons and daughters. Mr. THURSTON introduced a bill (S. 3207) approving a revision The Seattle chamber pravs for the passage of Senate bill No. 34-0, to grant and adjustment of certain sales of Otoe and Missouria lands in the pensions to the survivors of the Indian wars from 1817 to 1856. States of Nebraska and Kansas; which was read twice by its title, The memorial foregoing was presented to the chamber of commerce at and referred to the Committee on Indian Affairs. its regular meeting February 7, 1900, and adopted by vote of all members present. Mr. THURSTON. In connection with the bill I present a let­ [sEAL.l THOS. W. PROSCH, Secretary. ter from the Secretary of the Interior transmitting it to the Indian Mr. FRYE presented a petition of the National Live Stock Ex­ Affairs Committee, which I ask may be printed with the bill. change, praying for the adoption of certain amendments to the The PRESIDENT pro tempore. The letter will be printed and interstate-commerce law; which was referred to the Committee referred to the Committee on Indian Affairs. Mr. QUARLES introduced a bill (S. 3208) for the erection of a on Interstate Commerce. public building at Green Bay, Wis.; which was read twice by its He also presented a memorial of the National Live Stock Ex­ title, and referred to the Committee on Public Buildings and change, remonstrating against the passage of the so-called oleo­ Grounds. margarine bill; which was referred to the Committee on Agricul­ Mr. PENROSE introduced a bill (S. 3209) providing for the ture and Forestry. execution of new bonds and release of sureties; which was read He also presented a petition of the Christian Endeavor Society twic.e by its title, and referred to the Committee on the Judiciary. of Batavia, N. Y., praying for the enactment of legislation to pro­ He also introduced a bill (8. 3210) authorizing the appointment hibit the sale of beer and intoxicating liquors in buildings and and retirement of David McMurtrie Gregg as a captain in the grounds owned by the Government, and also to suppress gambling United States Army; which was read twice by its title, and, with in the District of Columbia and the Territories; which was referred the accompanying paper, referred to the Committee on Military to the Committee on Education and Labor. Affairs. HENRY W. LEE. Mr. HAWLEY introduced a bill (S. 3211) to authorize the con­ 1\Ir. THURSTON. I have here certain papers transmitted by struction of an addition to the public building at Hartford, Conn.; the Secretary of the Interior to the Indian Affairs Committee, which was read twice by its title, and referred to the Committee pertaining to the case of Henry W. Lee, together with a letter on Public Buildings and Grounds. from the Secretary of the Interior, in which he stat'3s that they are Mr. CARTER introduced a bill (S. 3212) to grant certain lands additional papers submitted in answer to a resolution of the Sen­ to the city of Miles City; which was read twice by its title, and ate of January 9. A portion of the papers were transmitted and referred to the Committee on Military Affairs. ordered printed, and were printed, and I present these papers and Mr. CLAY introduced a bill (S. 3213) granting an increase of move that they also may be printed to accompany those formerly pension to Charles W. Jerome; which was read twice by its title, printed. and referred to the Committee on Pensions. The motion was agreed to. Mr. COCKRELL introduced a bill (S. 3214) for the relief of the Central College; which was read twice by its title, and referred REPORTS OF COMMITTEES. to the Committee on Claims. Mr. WARREN, from the Committee on Claims, to whom was AMENDMENTS TO BILLS. referred the joint resolution (S. R. 66) authorizing and directing the Secretary of the Treasury to pay certain claims of the State Mr. FORAKER submitted an amendment proposing to increase of Indiana, reported it without amendment, and submitted a re­ the salaries of the Second and Third Assistant Secretaries of State port thereon. from $4,000 to $4,500, intended to be proposed by him to the· leg· 1900. ·CONGRESSIONAL RECORD-SEN.ATE. islative, etc., appropriation bill; which was referred to the Com­ of all dealings and transactions between the Secretary of the mittee on Appropriations, and ordered to be printed. Treasury or the Treasury Department and the National City Bank Mr. THURSTON presented an amendment intended to be pro­ and the Hanover National Bank, of New York, etc. posed by him to the bill (S.1639) making appropriation to paytbe Mr. SPOONER. That resolution, of course, will be debated, judgment of the Court of Claims in favor of the New York Indians, and the Senator who introduced it is not present this morning, and providing for distribution of same; which was referred to the I do not think it should be taken up in his absence, and I suggest Committee on Indian Affairs, and ordered to be printed. that it go over without prejudice. The PRESID~NT pro tempore. Is there objection to the re­ SEIZU~ES OF COTTON. quest of the Senator from Wisconsin? The Chair hears none, and Mr. JONES of Arkansas. I ask that Senate Executive Docu­ it is so ordered. The Chair also lays before the Senate the follow­ ment No. 23, Forty-third Congress, second session, being a report ing resolution, which will be stated. of the Acting Secretary of the Treasury in answer to a Senate res­ The SECRETARY. A resolution, by Mr. PETTIGREW, expressing olution of Depember 18, 1873, in relation to the number of bales sympathy for the South African Republic and our best hopes for of cotton seized under orders from that Department after the the full success of their determined contest for liberty. close of the civil war, be reprinted. I will state that this docu­ Mr. LODGE. The Senator from South Dakota is not here. I ment is frequently asked for, and I understand the copy I have in ask that that resolution take the same order as the other, that it my hand is the only one in the Capitol. There should be a re­ go over without prejudice. print of it. The PRESIDENT pro tempore. Without objection, it is so The PRESIDENT pro tempore. The Senator from Arkansas ordered. The Chair also lays before the Senate the following asks for a reprint of the document named by him. Without ob­ resolution, which will be stated. jection, the order to reprint will be made. The SECRET.A.RY. A resolution, by Mr. ALLE.N, extending the sympathy of the United States to the people of the South African CENTENNIAL CELEBRATION IN CITY OF WASHINGTON. Republic in their heroic struggle for liberty aud popular govern­ On motion of Mr. HALE, and by unanimous consent, it was ment. Mr. LODGE. I make the same request, for the same reason, in mifi":~~dtfu!1c~~~:n~~~Hh!1 i~~abffu~e~eo~~~t~e:f~f ~~~:~~e~~~ regard to that resolution. Washington be filled by the President pro tempore; and The PRESIDENT pro tempore. Is there objection? The Chair The PRESIDENT pro tempore appointed Mr. McMILLAN. hears none, and it is so ordered. THE JOURNAL, LIEUT. HORACE P. M'INTOSH. Mr. HOAR. I ask leave to introduce a resolution for reference Mr. McENERY. Mr. President- to the Committee on Rules. Perhaps I may be allowed to read it Mr. FAIRBANKS. If the Senator from Louisiana will permit j.nstead of having it read at the desk. It is merely a resolution me, I should like to ask unanimous consent for the consideration for reference. of the bill (8, 854) for the relief of Lieut. Horace P. Mcintosh. It If I may be permitted· to make one statement, the Senate has is a brief bill which passed at the last session of Congress. formed a habit for its own convenience of dispensing altogether _Mr. McENERY. Very well; I yield to the Senator from Indi­ with the reading the Journal. Heretofore, that has only been ana for that purpose. done under great pressure of business near the close of a session. The PRESIDENT pro tempore. The Senator from Indiana asks Now, at nearly every session sometimes important errors or omis­ unanimous consent for the consideration of the bill indicated by sions are discovered in the Journal at its morning reading and him. It will be read to the Senate for its information. corrected by the Senate, but there is no opportunity for that if The Secretary read the bill; and there being no objection, the this practice continues. It seems to me either that it would be Senate, as in Committee of the Whole, proceeded to its considera­ the duty of some Senator to object always to these requests or to tion. It proposes to place Lieut. Horace P. Mcintosh, of the have some understanding that where the J onrnal is not read United States Navy, on the retired list of the Navy, at a salary there shall be a subsequent opportunity to call attention to any equal to 75 per cent of the sea pay of his grade at the time of his enor in it. I desire to move this resolution: retirement, to take effect January 1, 1899. Resolved, That when on any day the reading of the Journal or of any part The bill was reported to the Senate withoutamendment, ordered thereof shall be dispensed with, it shall be in order for any Senator, when to be engrossed for a third reading, read the third time, and passed. the Journal shall be read on any subsequent day, to call attention to any error therein, and to propose any correction thereto. QUARTERMASTERS' SUPPLIES FOR THE .ARMY, ETC. The PRESIDENT pro tempore. As the resolution has been read Mr. SEWELL. Mr. President-- by the Senator, it will be referred without further reading to the The PRESIDENT pro tempore. Does the Senator from Loui­ Committee on Rules. siana yield to the Senator from New Jersey? .ASSISTANT CLERK TO COMMITTEE, Mr. McENERY. Yes, sir. Mr. SEWELL. Yesterday I reported from the Committee on Mr. McBRIDE submitted the following resolution; which was Military Affairs a bill from the War Department whic~ the Sen­ referred to the Committee to And.it and Control the Contingent ator from Maine [Mr. HALE] wished to investigate. He has now Expenses of the Senate: · satisfied himself that it is perfectly correct, and I ask that the R esolved, That the Committee on Coast Defenses be, and it hereby is, au­ bill be put upon its passage. thorized to employ an assistant clerk to be paid from the "miscellaneous The PRESIDENT pro tempore. The Senator from New Jer­ items" of the contingent fund of the Senate, at the rate of $1,«0 per annum. sey asks for the present consideration of the bill (H. R. 6267) to SOUTH CAROLINA STATE CLAIMS, amend an act entitled "An act to amend an act to suspend the operation of certain provisions of lawrelatingto:the War Depart­ Mr. TILLMAN submitted the following resolution; which was ment, and for other purposes." The bill was read yesterday and considered by unanimous consent, and agreed to: objected to by the Senator from Maine. The Senator from New Jersey informs the Chair that the Senator from Maine withdraws to ~:!~~dfu~~~~ ~~~~~{e~~~!;~t;'ue:~1dv J>t~~~~~~ ~1ii~~::!i~· gf1i;~g Carolina, growing out of the claim for moneys expended by said State for the objection he made to the consideration of the bill yesterday. military purposes in the Florida war of 1836 and 1837, and to report to the Mr. HALE. Yes, Mr. President, I have examined the bill, and Senate of the United States, as follows: I find that it is only a continuation of the suspensions of last year. First. What amount was paid said State by the United States on said The PRESIDENT pro tempore. Is there objection to the pres~ ~:~~ ~::1!~~: of payments and under what acts of Congress said pay- ent consideration of the bill? Second. What amount of interest would have been due said State on the There being no objection, the bill was considered as in Com­ amounts paid June 8, 1854, and September 30. 1855i by the United States at mittee of the Whole. dates of payment, and what amount of interest wou d be due on said amounts June 30, 1901. The bill was reported tothe Senatewithoutamendment, ordered HOUSE BILL REFERRED. to a third reading, read the third time, and passed. The bill (H. R. 4006) to authorize the Union Railroad Company PAYMENT FOR LOST COUPONS. to construct and maintain a bridge across the Monongahela River Mr. PLATT of Connecticut. Will the Senator from Louisiana was read twice by its title, and referred to the Committee on Com­ yield to me for a moment? merce. • Mr. McENERY. Certainly. RESOLUTIONS PASSED OVER, Mr. PLATT of Connecticut. I ask leave to call up the bill 'l'he PRESIDENT pro tempore. The Chair lays before the Sen­ (8. 392) to pay the General Marine Insurance Company of Dres­ ate the following resolution, coming over by agreement from a den the sum of $1,434.12 for certain coupons detached from former day. United States bonds, which said coupons wete lost on the Cunard The SECRET.A.RY. A resolution, by Mr. ALLEN, providing for a steamship Oregon, sunk at sea March 14, 1886. It is a bill that special committee to make thorough and complete investigation will excite no debate whatever. 1862 CONGREBSlONAL REOORD-SENATE. FEBRUARY 16,

The PRESIDENT pro tempore. The bill will be read to the islands iB chaotic. We know but little about the geography of Senate in full for its information. the country, its inhabitants, their social, political, and moral con­ Mr. PLATT of Connecticut. There is a single amendment to it. ditions, and we are not prepared to say wbether they are in all The Secretary read the bill; and, there being no o}>jection, the respects equal to the inhabitants of the republics south of us when Senate, as in Committee of the Whole, proceeded to its considera­ they declared independence. All of these p eople who have tried tion. self-government have no conception of liberty regulated by law, Mr. COCKRELL. I should like to ask one question. Is that but their appreciation of it is in disorder and revolution. an American company or a forejgu company? The Spaniards, when they quit the Philippines, knew as little Mr. PLATT of Conn€ctic:mt. A foreign company. about them as we know. Our military commanders can give no Mr. COCKRELL. Then ought not the securities to be resi­ idea of their social and political condition in peace, as they have dents of the United States? been confronted with a state of war since our precarious possession · Mr. PLATT of Connecticut. They are subject to the approval of the islands. Order is established and a government organfaed of the Secretary of the Treasury, and there is an amendment one day, to be succeeded tbenext by anarchy and revolution. Men which makes the security twice the face value of the coupons. there accept offices and make a solemn declaration •of patriotism The PRESIDENT pro tempore. The amendment will be stated. and allegiance to the Government, to be broken at the first oppor­ The amendment of the Committee on Finance was, on page S, tunity which they think is favorable for a defiance of the autbo1·ity line 3, after the word "indemnity," to insert "in double the of our Government. amount of the face value of such coupons;" so as to make the We know just about what is contained in some newspaper al­ proviso read: manac; that the .Philippine group.numbers some 2,000 islands; Provided, That before the redemption of said cou])ons the said Gene:ral that the land area is about 140,000 square miles; that the island Marine Insurance Company of Dresden shall execute, or cause to be exe- . of Luzon is about the size of the State of New York; that Min­ cuted, and deposit with the Secretary of the Treasury a bond of indemnity, danao is nearly as large; that the population is from 7,600,000 to in double the amount of the face value of such coupons, with good and_suffi­ cient security, subject to the approval of said 8ecretary, to secure the 10,000,000, and that racially the pop.nlation is Malay; that of this United States against loss or damage in consequence of the redemption of population probably 2,000,000 are civilized, or, it would be more sa.id coupons. • accurate to say, semicivilized, and the rest of the population is The amendment was agreed to. as ignorant and savage as the aboriginal Indian. Very little is Mr. COCKRELL. It seems to me the secm:ities ought to be known of the resources of the archipelago. They produce cotton, residents of the Unit.ad States. hemp, rice, sugar, tobacco, and fruits, all of which will, if the Mr. PLATT of Connecticut. The Secretary of course would in- islands are annexed, come here and destroy our industries in these sist on that. _ agricultural products. Of cotton, although not now produced, it The bill was reported to the Senate as amended, and the amend­ is said enough was at one time raised for domestic consumption. ment was concurred in. The islands, so it is said, are as well adapted to cotton culture as The bill was ordered to be engrossed for a third reading, read are the .fields of Georgia and Mississippi. If annexed and tariff the third time,. and passed. - broken down, it will be brought here beeause of the cheaper pro­ duction, and cotton mills will be established there and cotton POLICY REGARDING THE PHILIPPINE ISLANDS. raised and manufactured near the demand for the manufactured Mr. McENERY. I now ask that the joint resolution (S. R. 45) articles, thus interfering with the establishment of cotton mills ·declaring the purpose of the United States with reference to the in the South and damaging tho.se in the New England and Mid­ Philippine Islands be laid before the Senate. dle States. The PRESIDENT pro tempore. The Chair lays the joint reso­ The all-absorbing question js, What are we to do with these lution before the Senate. It will be read. i3lands, and wb.at policy shall the United States pursue toward The joint resolution (S. R. 45) declaring the purpose of the them? I think it nnfortnnate that the results of the war with United States witli reference to the Philippine Islands, introduced Spain have thrown them upon onr hands. I do not believe that by Mr. BACON December 18, 1899, was read, as follows: they were ripe fruit and through providential aid were dropped into our lap. They are to us Dead Sea fruit. It would have been Resolved, etc., That the Government a.nd people of the United States have well if Admiral Dewey had been ordered to leave Manila after his not waged the recent war with Spain for conquest and for the acquisition of foreign territory, but solely fo:r the purposes s~t forth in the resolution of victory and Spain and the Filipinos left to fight it out. All the Congress making the declaration of war, the acquisition of such small tracts papers in the country, all the people of the United States, were ~~!:-~ofu~;~~~t ~th fben~::_ary-for governmental purposes being not silent as to Dewey's futnre course and the policy of the Adminis­ SEC. 2. That in demanding and in receiving the cession of the Philippine tration after the announcement of the great achievement of Admi­ Islands it is not the purpose of the Govermnent of the United States to secure ral Dewey. His departure immediately after the· destruction of and maintain permanent dominion ove:r the same as a part of the territory the Spanish :fleet w·onld have been declared an abandonment of of the United Sta.tes, or to permanently incorporate the inhabitants thereof as citizens of the United States, or to hold said inhabit.ants as vassals Ol' sub­ the fruits of his victory. All 1·emember with what enthusiasm the jects of this Govermnent; and the United States hereby disclaim any dispo­ people received the announcement of every utterance of the great sition or intention to exercise permanent sovereignty, jurisdiction, or control Admiral when he remained there guarding the approaches to Ma­ (}Ver said isla.nds. SEO. 3. That the United States ha.vinl.? accepted the cession of the Phllip­ nila and warning away all whom.he considered intermedcllers. It _pine Islands from Spain, and having by force of arms overthrown all organ­ was said he was as great in dipl-Omacy as in battle. On February ized authority and opposition to the authority of the United States therein, 4, 1899, Aguinaldo attacked thr, American defenses at Manila. the duty and obligation rest upon the United States to restore peace and maintain order throughout the same; to protect in said islands the enjoy­ From that time until now there has been war with the Filipinos. ment of life and property and the pursuit of lawful avocations; and to eon­ If they had, as asserted, a government, it has been swept out of tinue such protection until the J>Ower and duty to maintain said protection existence. Their army as an organized force has been aestroyed shall have been transferred and int:rusted by the United States to a govern­ and a guerrilla war inaugurated by the remnants. ment of the peol)le of said islands deemed capable and worthy to exercis.e said power and discha:rge said duty. It may be that Aguinaldo is great-the Washington of the SEC. 4. That when armed resistance to the authority of -the United States Orient-but he is now a fugitive, with no hope of ever organizing shall have ceased within sa.id islands, and peace and order shall have been a government unless this Government takes hold of himandputs restored therein, it is the purpose and intention of the United States, so soon thereafter as the same can be p:ractieallyand safelyaecomplished, to provide him in power. It is not likely to do this. Events have followed the opportunity and J>resc:ribe the method for the formation of a govern­ rapidly since the declaration of war. They have not shaped them­ ment by and of the people of the Philippine Islands, to be-thereafter inde­ selves as we Wished. Results have followed that no one foresaw, pendently exercised and controlled by themselves, it being the design of the U.ntted States to accord to the people of said islands the same measure of and we are now confronted with conditions which we did not libe:rtv and independence which have been pledged by the Congress of the make, but which have come to ns as all events in history come. Unit.eo States to the people of Cuba. . Social .and political forces move silently and as powerfully as the SEC. 5. That when a stable government shall, by the method aforesaid, have been duly formed and e:rected in said islands, competent and worthy, in the glacier. The crash may come, the valleys may be destroyed, but judgment of the United States, to exercise the powe:rs of an inde~dent who could det.ect the silent distnrbance of the equilibrium that government and to preserve peace and maintain order within its Jurisdic­ carried death and destruction? So it is with the moving forces tion, it is the purpose and intention of the United States. :reserving to them­ selves only such harbors and tracts of land as-may be needed fo:r coaling sta­ in history. We are unconscious at the time of some small bnt tions or other governmental purposes, to transfer to said government, upon momentous fact, something that escaped the attention of the terms which shall be reasonable and just, all :rights and territory secured in masses, but yem's after they become apparent to the historian. said isla.nds under the treaty with Spain, and to thereupon leave the domin­ Who thought that-the war with Spain would have brought such ion and cont:rol of the islands to their people. SEC. 6. That when said govermnent has been thus formed and set up in results? Who believed that when Dewey sailed with orders to the Philippine Islands and approved by the United States, it is the design destroy the Spanish fleet that from a single victory the world's and intention of the United States, through such meansan.dmeasures as mayo history and geogra_phy would be changed, an empire dismem­ ·be deemed most efficient :i.nd appropriate, to secure the guaranty of the con­ tinued independence of the same. bered, and a new one erected in its place; that the traditions of a liberty, home-government, loving people would be disregarded, Mr. McENERY. Mr. President, I do not-propose to detain the the policy of a great Republic changed, with tendencies to erect Senate with a lengthy discourse on the Philippine problem. It is it into an imposing empire? Who is nowre.sponsible? On whose a difficult one which time alone can solve. Everything in those conscience Tests the war with Spain? for from th~t has resulted 1900. CONGRESSIONAL RECORD-SENATE.· -1863

the consequences which some of us now deplore, althongh we ac­ Reciprocity treaties have already been negotiated which will tually aided in bringing them about. injure the farmer and will favor some manufacturer. Reduced If the Fili.µinos were our allies and in haste and without cause tariff with Puerto Rico against the interest of the farmer and for inaugurated a war that is disastrous to their hopes of independ­ the protection of the manufacturer will extend to Cuba, to the ence in the near future, who has helped to destroy the high hopes Philippines, to all the posseEsions we may hereafter acquire in the which these people once cherished? The Congress of the United Pacific and in China. I contend that the protection we offer States, irrespective of party, with unanimity declared war against the farmer under the system of protection will yield greater wealth Spain; with unanimity and with enthusiasm it voted supplies, than all the advanta~es that can be gained by free trade with the raised money, and built ships, and with the same unanimity has Tropics. voted supplies, ships, and money and men for the subjection of The cry of humanity wi11 be raised in behalf of Cuba and the the Filipinos to the authority of the United States. Why, then, Philippines, as it has been done in the interest of Puerto Rico. when we have voted all these requisites of war, should we inter­ Why go abroad to relieve distress while in doing so we bring it to · fere and prevent their effective use? Why embarrass an Admin­ our own doors? Our farmers would soon be calling for relief; istration that is endeavoring to carry out the will of Congress? vacant farms, idle hands, distressed sons and daughters will ap­ In my opinion, under existing circumstances, it is the duty of peal for help in loudertones than come from across the sea. the Government to assert its authority over those islands. I do Labor is unsettled, restless, and dissatisfied and threatening. not know of any one in this Congress who asserts that we ought The cities of the Union are crowded with the idle from no.fault at this time to withdraw our troops from the Philippines. There of their own. There is cold and hunger, disease and death, from is, I think, a disposition to vote all the supplies, men, money, and want of work. It is in the power of the Government to give it. ships tbat are needed to establish the authority of the United The sums which are expended for the military, for ships, for trans­ States over the Philippines. I believe this to be the universal portation, reach into the millions each year. This sum wisely ex­ sentiment of the people of the United States. pended would reclaim the arid lands of the country to an extent I am opposed, Mr. President, to expansion. I am opposed to ten times the area of the Philippines, affording homes and employ­ this Government annexing territory beyond its natural bounda­ ment for more than 42,000,000 people. The reclamation of the ries. I reiterate everything I said in my speech during the session lands in the Mississippi Valley alone would bring greater wealth of the Fifty-fifth Congress in opposition to receiving into our do­ than all our foreign possessions. Fifty millions would accomplish main the Republic of Hawaii. Nature has set boundaries for this; but it is impossible to get an appropriation more than will nations. They are marked by oceans, rivers, and mountains. suffice for temporary expedients, while we are going into foreign It has given them voice and language to mark also the distinctive lands to reclaim t~em, to educate the people, to build for them places of their dwelling. They are homes set apart for them by schools and hospitals-in fact, everything that a maudlin sen.ti· the Almighty, and no nation has a right to trespass upon them. ment of humanity can suggest, costing fifty times more, when we There is a relation between the land and the people m the charac­ get through with it, than would give this country a prosperity and ter of their intelligence, their physical organization, and their grandeur and a power tbe world never witnessed. With the small faith. I do not think we have the right to dispossess the Filipinos appropriations for our welfare we were rapidly becoming the of the home given to them by the Giver of all things. I do not greatest among nations. On land we are the strongest among na­ think we ought to disturb their faith, destroy their intelligence, · tions. We are dividing our strength and transferring a part of it or alter their physical conditions. We are not, and no other na­ to the sea, neglecting home interests and home security. I do not tion is, the evangelist of the gospel of truth and justice. God object to the building of a great navy suitable to our needs, the made the world and the people in it according to His liking, and protection of cities and coasts and commerce, but I think it un­ He has not commanded this nation to disturb Bis plans and pur­ wise togo7,000milesawayfrom home and float an immense navy poses. to protect a country that will not give us in return the cost of the The moment the white man came in contact with this infericr ships that anchor in its harbors. race the assertion of his supremacy began, and it is only a ques· The permanent annexation of the Philippines or any other ter­ tion of time when he will exterminate and destroy the inferior. ritory beyond our natural boundaries is fraught with danger to He has accomplished this in Hawaii. Three hundred thousand this Republic. It will involve us in all the disputes and conten­ natives of those islands have dwindled to 40,000 of poor, diseased, tions of foreign governments. We can not be neutral. This helpless humanity. It will take a longer time to destroy eight or danger has been emphasized in this Chamber more ably than I ten million of people, but time will efface them when in contact can describe it. On a former occasion, on July 24, 1896, I said on with the Anglo-Saxon race, and as it goes on disease and corrup­ the joint resolution annexing the Hawaiian Islands: tion will increase. The white man may get rich, his government It was stated by the premier of England, speaking in the selfish interests from his accumulations may for a. time be prosperous, as Spain of Great Britain, that an alliance with tbe United States· would become a ne­ was at th.e zenith of her colonial power, but the evils of foreign cessity on the part of Great Britain because of hel' complications with other European nations. That met with a response in this country, and the appeal conquest, of crime and corruption, of debauchery and misman­ of the premier was taken tlJl from one end of the land to the other. The only agement, will sap the foundations of government, and the home sound which broke the acclaim was that which came from Irish voices de­ people and government will, if not so corrupt an.d debauched, give nouncing any alliance with England as infamy. But it is bound to come if we get into any foreign complications, which we necessarily shall do if we way to indolence anq. indifference to the high and ennobling acquire foreign territory. It will be unavoidable. France, Germany, Aus­ teachings of liberty and become a prey to the ambitious and the tria, all have their community of intel'est. Political interest will drive Rns­ unscrupulous. Long possession of the Phirippines, with an alien sia into it. Her interests will be adverse to ours. Conflict may come.,. and government over them, the inhabitants subjected to the arbitrary we shall be antagonized by those great Empires, and our only hopa ana onr only refuge will be in seeking an alliance with our kinspeople across the sea. sway of a military dictator, preyed upon and defrauded by men What then becomes of the bi!netallic policy? What becomes of the cry of who go there for that purpose and who make law the instrumen­ 16 to 1? It will be heard only in that dark abyss, in tha.t gloom which will tality for oppression, will not only affect those unhappy people, overhang this country, as a. dirge, a moan, a weeping, for the loss of the liber­ but in the course of time will become the rule of conduct of our ties of the people and for the destroyed prosperity of the nation. own people. · Events have come thick and fast since that time. There was 'The warning of this condition of affairs in those distant islands no declaration then that we would add more territory to this comes to us from the repeated assertion that their continuous pos­ country. 1t was urged that the annexation of Hawaii was neces­ seBsion by the United States is necessary for the enrichment of sary for military purposes, as a protection to our Pacific coast, our people in the extension of trade. While adventurers there and we thought the appetite for m01·e domain, for further expan· will thrive, prosper, and get rich, our home people will be the sion, would be satisfied. sufferers. They will export to the United States hemp, tobacco, We have a great many serious questions at home to engage our rice, and cotton, and we will send nothing there that will profit attention-questions which must be solved and settled before we us. They will raise everything and manufacture everything they are sure of the permanent establishment of representative gov· eat and drink and weru:. You may send to them reapers, plows, ernment. We passed through one great crisis, and the dismem· machinery, cotton gins, and sugar mills, but you will be furnish­ berment of the Union was averted. That was section against ing them with the means of increased production of agricultural section. Armies struggled not against liberty but in favor of products whieh we produce here, and, with machinery and cheap liberty and democratic government. The contest was simply on labor, they will drive from the markets our farm products and one side to prevent the -breaking up of the Union by States which manufactured articles. There are new phases to be introduced adhered to democratic government. Every representative prin­ into our economic conditions by the annexation of foreign ter­ ciple in the Federal Constitution was incorporated even with ritory. greater extension in the Confederate constitution. Free trade is to take the place of protection. Foreign posses­ In my opinion, greater issues are now at stake. Every day re­ sions which will have unlimited agricultural products for export veals some defect in om· system of government which will re­ will destroy to a gr1:1at extent the farming interests of the coun­ quire the ability and patriotism of statesmen to remedy. Con· try. Fruits, tobacco, vegetables, sugar, and rice will beproduced tests for office, ending in force and violence; the reckless use by the new territories and exported in quantities, and deprive of an army to sustain a contending faction; the dispersion of a the farmer of his share of the benefits under the tariff law. legislature by military force; the dissatisfaction of the laboring 1864 CONG RESSION .AL RECORD-SEN.A TE. FEBRUARY 16, people, which more than once has broken into revolt and threat­ they will be unless it be in a distant age when th~ir intellect and ened revolution; the criminal organization of trusts controlling their racial condition shall undergo a change, not until they shall every product of field and factory, destroying industrial enter­ approach Saxon intellect and Saxon characteristics. There is in prise and the hopes of the young for advancement in life; the en­ these islands no nationality; there are thirty different languages slavement of the people by the aggregation of capital; the consoli­ spoken by a.a many tribes who are at war with each other. There dation of great railroad enterprises, controlling legislation and are savages and a partially christianized people. There are Mo­ the disturbance of economic conditions in trade and travel and hammedans with polygamy and slaves. There are Chinese with transportation to theextentthattheissuewill be presented whHher chop sticks and joshes. There is all the sensualism, all the cor­ the state shall take charge of them and manage them in the inter­ ruption of the East. There are conditions there which should ests of the people. Only as a last remedy will be this resort, but never be incorporated into our national life. the issue will be forced. No sentimentalism should enter into the discussion of these All these matters demand the attention of the people of the questions. Our love of liberty, law, and order should not drive United St.ates, and foreign conquests will only serve to complicate us into relations with other people which will disturb, possibly the issue~ and make them more difficult of solution by the added destroy, our love of liberty, law, and order. strength given to great consolidated interests. Reason should control in all questions affecting our interest, We do not yet thoroughly understand our own form of govern­ and no mawkish sentiment should caITy us bevond om· borders to ment· beyond the fact that it is a representative government. meddle with the affairs of others which do not concern our ma­ Many constitutional questions remain undetermined. Matters terial interest or affect our national honor. pertaining to the operation. of tho Constitution are yet in their During the Fifty-fifth Congress I introduced a resolution which first stages of interpretation. Able constitutional lawyers in this passed the Senate. In its essential features it corresponds with Chamber are doubtful as to the mode and manner of filling va­ the _!esolution offered by the senior Senator from Georgia. cancies in the Senate, one of the very essentials of the Constitu­ In the discussion of the resolution he criticised the word "in­ tion. Many are doubtful as to the extent of the powers of this tegral" because the word "integral," in his opinion, was a word Government; how far its laws and Constitution will extend to of limitation, and the purpose was to commit us simply to the Territories acquired by the ·United States; the line of demarca­ proposition that in holding the islands it was intended to hold tion between State and Federal sovereignty in interstate com­ them as an outside piece of property, not entitled hereafter to be merce and matters affecting the welfare of the great body of the admitted as one of the organized Territories of the country. If people in quarantine and sanitary regulations and laws. I might organized territory means a part of the United States, that part of mention other questions which present themselves. Our form of his criticism is correct. I am not willing that the Philippine government is not so firmly fixed, as it has experienced dangerous Islands shall, in a:iy event, become a part of the territory of the conditions, which may occur time and time again. We have passed United States-an "integral" part thereof. through conditions which have repeatedly occurred, and which The resolution adopted by the Senate during the last session is are not unlikely to occur again, of usurpation in office, a defiance as follows: of the public will, and the inauguration of a government directly Resolved by the Senate and House of Representatives of the United States of opposed to all the teachings of democracy. We have arrived at America in Oongressassembled, That by the ratification of the treaty of peace that point in our history where corporations are exercising the with Spain it is not intended to incorporate the inhabitants of the Philippine functions of govertlment and the masses of the people are helpless Islands into citizenship of the Unit\:}d States, nor is it intended to perma­ nently annex said islands as an integral part of the territory of the United to protect themselves against corporate power with its share in States, bnt it is the intention of the United States to establish on said islands government. . a. government suitable to the wants and conditions of the inhabitants of said Would it not be wise statesmanship to straighten out and bring islands as will best promote the interests of the citizens of the United States under the subjection of the people that power which now, by an and the inhabitants of said islands. almost universal belief, is oppressive; to establish our form of This resolution declared, and it was affirmed by the Senate, that government on enduring principles; to have every constitutional there was no intention to make the Philippine Islands a part of dispute which has threatened its perpetuity definitely fixed; to the United States; that it was not the intention to incorporate adjust the differences between capital and labor; to educate and the inhabitants of that country into the citizenship of the United prepare for the exercise of self-government the vast number of States; that when armed resistance shall have ceased and peace ignorant and almost semisavage people in our midst before we and order shall have been restored it is the intention of the United rush to other lands to teach the principles of self-government, States to establish a government suitable to the wants and con­ which, if we know, we do not fully practice; to undertake, through ditions of the inhabitants, to prepare them for self-government, an indefinite time, the education of millions of barbarians and and in due time to make such disposition of them as will best pro­ savages, when we have millions of the same class among us who mote the interests of both countries. The words" when peace demand all the attention we can give them? shall have been restored," etc., are not in the resolution, but they The resolution under discussion is predicated upon the fact that are there by necessary inference, because the United States can the inhabitants of the Philippine Islands are not capable of self- not establish a government until those conditions shall happen. government. The Government of the United States must of ne- This resolution and the one introduced by the Senator are in ces ity, under the terms of the resolution, establish and maintain many respects similar. Both extend the a-µthority of the United a government over these people until peace and order shall have States indefinitely. But in the resolution of the Senator from been restored. And thereafter it is the intention of the United Georgia the United States, if it relinquished its sovereignty, must States, so soon as it can practically be done, to provide the oppor- do so absolutely and unqualifiedly, with all the right of sover­ tnnity and prescribe the method for the formation of a govern- eignty of an independent people, and the United States guarantee· ment by and of the people of the Philippine Islands, to be inde- ing the continued independence of the same. pendently exercised by them. But in the resolution adopted by the Fifty-fifth Congress the Section 5 of the resolution leaves it to the United States to exer- United States is authorized to dispose of them as will best pro­ cise their discretion whether the government erected by the Phil- mote the interests of the United States and the inhabitants of the ippine people shall be competent and worthy in the judgment of islands. This is a check, and a salutary one. It gives the United the United States to exercise the power of an independent govern- States the power to prevent them from doing anything inimical to ment, etc. It is evident that the resolution contemplates an exer- the interests of the United States. It gives the Government the cise of sovereignty over said islands until they are able to establish power in its relinquishment of sovereignty to make any stipula­ an independent government having the power to preserve order. tion that will prevent injury to the commercial interests of the The resolution embodies the following ideas: That the people United States and to protect the citizens of the United States dom­ are now incapable of self-government, that they shall not be in- iciled there. It is not likely that they will for more than a century corporated into the citizenship of the United States, and that the have any kindly feeling for the United States. Many generations islands shall not be permanently annexed to the United States, will pass away before the inhabitants of the Philippines can even and that the Government of the United States reserves the discre- be benevolently assimilated. During their unnatural connection tionary power to determine whether the government established with the United States I believe they should be kept away from eventually by the Filipino be competent and·worthy to be inde- us. These inhabitants should not be permitted to come here to pendent. disturb our labor and make it more restless because of tht}·degra- The Democratic Senators almost solidly voted for this resolu- dation that would be heaped upon it by the introduction of the tion in the Fifty-fifth Congress. As I interpret it, it embodies cheap labor that the islands will send here. Our agricultural and correct principles. Practically it is too restrictive in not allow- manufacturing interests should be protected from the products of ing for futm·e contingencies. No one can tell what the future that country produced by cheap and degraded labor. may bring forth and what relations this Government will have to Mr. President, in discussing the problem of the Philippines I maintain toward the Philippine people. That they are unfit for Ithink that nothing can be gained by a recital of the facts that an­ self-government, as we understand republican institutions, L do tedated the war now going on in the islands. What advantage, not think admits of a doubt. . That they can and will be fitted for what profit, to us to inquire whether the Filipinos have a govern­ self-government is a question to be yet answered. I do not think ment when it is acknowledged that it has been overthrown and 1900. -CONGRESSIONAL RECORD-SENA TE. J· I865 destroyed and none now exists? What matters it whether Dewey does, I hope that the G~·ve~ment of the Un.ited States will treat recognized the flag of that government? Why argue that it is the them humanely, and, as affirmed by the Senate, endeavor to in­ declaration of the people of the United States that all government struct them in self-government, in the institution of a civil order, must rest upon the consent of the governed when we have imposed suitable to their wants and conditions; but during this probation governments upon people in the past history of this country with­ of the inhabitants I hope to see them and their products so treated out their consent, and now impose a government upon Cuba to as not to injure our own people and, their industries. which the people have in no way given their consent, and we pro­ . Mr. President, it is contended bysomethatthe instant the treaty pose to establish one in Puerto Rico, where the people have had of peace was ratified the Constitution of the United States im­ no opportunity of expressing an opinion? Why clamor for the mediately took effect in the islands which we required from protests of Aguinaldo when his voice has been hushed in the Spain. If this be a fact, then there was not, nor is there, any oc­ dreadful shock of battle? Why assert that we have no constitu­ casion whatever to declare that it is the intention of this Govern­ tional right to govern these people when we are governing them? ment not to annex the Philippine Islands to the United States or These facts have gone into history. They may be recited hereaf­ incorporate their inhabitants into the citizenship of the United ter in an arraignment of this country in the forum of public opin­ States. ' ion and before the bar of nations. If the Constitution of the United States took effect immediately In legislation we must deal with facts as they confront us. We on the ratification of the treaty of peace, as is contended, then are in the Philippine Archipelago and we ought to get away as the people of those islands can come here at liberty; Chinese who soon as we can do so, just as soon as our interest and our honor have gone there can not be restrained from coming to the United and our obligations to the inhabitants of those islands will permit. States any more than we can }.·estrain Chinamen who are citizens No sentimentalism can extricate us. We must deal with hard, or who are inhabitants of any other State or Territory of the unyielding facts and so direct them that the least possible injury Union in going from one section of the country to another. can befall our people and inflict as little injury upon the people Therefore, I think it would be exceedingly unfortunate if those of the Philippines as a state of war and its horrible results wilJ islands should be considered as being at this time a part of the permit. territory of the United States. The members of the Senate in the Fifty-fifth Congress, voting If they are territory of the United States, as is contended, and for the resolution introduced by the Senator from Georgia and a the Constitution and laws of the United States operate there, then resolution introduced by me, affirmed that it was not the purpose the United States is without power to transfer them or to place of the United States to permanently annex the Philippine Islands them beyond the jurisdiction of this Government. So, Mr. Presi­ and to incorporate the inhabitants of these islands into the citi­ dent, the contention against the resolution which I introduced, zenship of the United States. The final disposition of the islands that the Government of the United States should dispose of those depends upon the subjection of the inhabitants to the authority of islands in a manner to promote the best interests of the people of the United States. The establishment of law and order, the in­ this country and of the inhabitants of the Philippines, has no force stitution of civil government, are desired results which can only or effect whatever, because if we intended to transfer them tq a be brought about by force exerted by the United States. The most foreign people we necessarily would have to change our organic effectual way, in the economy of life and money, will be to sustain law by an amendment~ the Government in its active efforts to establish order by the em­ But, Mr. President, there is another danger. By incorporating ployment of force, and when this shall have been accomplished, in this large number of an inferior race into citizenship of the United the efforts to establish a civil order employing the military only States a sentiment will spring up in this country, just as it did in in the exercise of the police power of the Government; until the the interest of the negro, which will demand for those people a final and complete subjection of these people to its authority I protection from supposed abuses, and it will give them a protec­ have no sympathy for them. They are now enemies of the United tion and it will give them privileges which are denied to the white States, and there is no place for sympathy. people of this country. You will find that the fourteenth amend­ In the future, when they show capacity and ability to take care ment, under the tender consciences of our judges, will extend to of themsolv-es, then sympathy may play its part and a righteous those islands for their protection, and it will be interposed in order judgment may demand the recognition of their independent exist­ to prevent the due execution of justice. That has happened in the ence. The inhabitants of these islands had formulated a govern­ State of Louisiana. ment on paper. There was no evidence of nationality, no external The fourteenth amendment never intended to give the negro or internal sign of sovereignty. They displayed force and over­ any additional privileges; it never intended to give him rights ran territory. The mob has done and can do the same thing. If which were not accorded to the white people of this country; but they had been left alone they could not have protected themselves. by torturing that amendment it has been made to extend to the This is admitted, as they asked for the protection of the United negro privileges under the law which are not accorded to the white States. They were helpless from attack from abroad, and, like all people of this country. He can go into the courts of justice; he people of their race and their intelligence, they would have been can employ some obscure lawyer, who is huntingup notoriety and the victims of internal strife, promoted by a few ambitious men who can get up a hypothetical case and carry it to the United possessing intelligence above the masses. In my opinion it is an States courts, and thus indefinitely postpone the execution of the absurd proposition to contend they are now, or will be for some­ criminal laws of the country. time to come, capable of maintaining an independent government. Mr. President, the interruption of the execution of the criminal I wish it were so and that to-morrow they could be turned loose laws under the fourteenth amendment of the Constitution of the from any connection with the United States of a political charac· United States has repeatedly occurred. On more than one occa­ ter. The President is now endeavoring to organize a civil govern­ sion criminals tried for the most serious and the vilest offenses hav11 ment in the Philippines. No one, I apprehend, doubts the wisdom been saved from a just and merited punishment by the interposi, of this effort. tion of the Federal judiciary; and as an evidence of a case which Throughout the archipelago the government, I understand, is to has recently occurred in the State of Louisiana, I ask that the be by communities and provinces, running through all local con­ editorial from the New Orleans Picayune, datedFebmary 10, 1900, ditions, even to that of tribes. The early establishment of civil which I send to the desk, shall be read by the Secretary and made government may induce the inhabitants to go to peaceful pur­ part of my remarks. suits. It will, if they appreciate the effort, bring them hope of an The PRESIDENT pro tempore. The Secretary will read as independent government. requested. I have no high appreciation of the intelligence and character of The Secretary read as follows: the people of the Philippines. From all that I can learn they are NEGRO RA VISHER SAVED FROM THE GALLOWS. not above the negro on this continent in either morals or intelli­ It has been a long time in this city since a negro criminal, condemned to capital punishment by the State courts, has been executed in accordance gence. The percentage of negroes, excluding former slaves, who with law and the judgment of the courts, because the matter is commonly can read or write is greater among the negroes in the United appealed to the Supreme Court of the United States on some pretense or States. They have more learned men than the inhabitants of the other that in his trial and conviction the Constitution of the United States Philippines. To say that the Filipinos are fit to be trusted.with has been violated. In this way the condemned criminal is able to secure a stay of proceedings, electoral power is to affirm that the negro is entitled to its exer­ often amounting to_ years, and although, in all such cases in recent years, the cise. We of the South know what the experience of the negro cause has been finally sent back to the State courts, the result of such un­ was in the science of government. necessary interference with justice bas been greatly to aggravate a distrust, already too common, of the efficiency of the State laws and the ability of the When aided by white men, and to some extent restrained by the State courts to punish capital crimes committed by negroes, with the effect presence of disfranchised whites, they made a farce of govern­ that such a popular distrust isat the bottom of all the lynching that is com· mAn t. If they had been left exclusively to themselves they would mitted in the State. Some time ago the people of the town of Gretna, in the suburbs of this city, have literally cut each other's throats, and would have wrought were thrown into a fever of excitement at the announcement that, in the late entire destruction, inst-ead of partial ruin and devastation. It hours of the night, the residence of a respectable citizen had been forcibly would be so with the Filipinos if intrusted immediately with the entered and a violent assault made upon his 12-year old daughter by a nrun-o. The culprit was caught in the midst of his crime, and but for the fact that, exercise- of electoral power. No one can predict how long our· at the hour when the crime was committed, the people who were aroused by political connections with the Philippines will last. So long as it the outcries of the victim did not know what had happened, the ravisher 1866 CONGRESSIONAL RECORD- SENATE. FEBRUARY 16, would hav~ been promptly done to death; but the sheriff's officer who ap­ and established government, while the vast territory included in peared on the scene, fearing popular violence, hurried his prisoner to a place of safety, where he was beyond the power of a mob. the pm-chase outside of Louisiana contained hundreds of thousands The case was then left to the courts, with the result that a. conviction was of Indians equally entitled to consideration with the savages in had in the district coUI·t of Jefferson Parish, and appeals to the supreme the interior of many of the islands of the Philippines. It never court of the State finally ended in the affirmation of the judgment of the lower com·t. Yesterday was the time set for the execution of the law upon occurred to Mr. Jefferson that it was necessary for him to consult the c1·iminal, and he was already on the gallows, with a noose around his the people of Louisiana or the Indian tribes of the West before he neck, when an order from the Untted States circuit court, at the very last made t.hat vast area a part of the United States. moment. saved the life of the man who had, under the laws of the State, for· feited all right to live. The government established for Louisiana by Jefferson has fur­ Petition had been made to the United States court that the constitutional nished the model for every Territorial government which the rights of the condemned had been violated in the fact that he had been con­ United States has since established, and the denunciation, fore­ victed under the laws and constitution of Louisiana made in 1898, and that this constitution and these laws contravene the Constitution of the United bodings, and warnings against what was termed imperialism and States. The Constitution of the United tates is so sacred a thing that every disregru.'d of human rights which the Louisiana purchase inspired United States court is bound to protect it at every peril, e.n

Mr. HANSBROUGH. I desire toaskthe Senator from IDinois toriai statutes as well as United States statutes. We believe it is in charge of the bill if he does not tbb~k it would be more appro­ wise to allow the judges of the local courta there to have entire priate to place the charge of the public lands in Hawaii under the control and jurisdiction over the local statutes of the Tenitory Secretary of the Interior~ rather than the Secretary of Agriculture? and a United States judge to administer the United States laws. Mr. CULLOM. One or two Senators have made inquiries re­ I do not know whether in any of our States there is a life tenure. garding the provisions of the bill, but I will say to ·the Senato1· I do not remember any; but there are in different States different there was an understanding that the bill should only be read this laws controlling the terms and qualifications of the officers. I afternoon and the amendments of the committee acted upon. I believe myself that while it is a little different from what we have should prefer to defer any explanation of the provisions of the in New Mexico or Arizona, yet it is more beneficial to recognize bill until the reading shall have been completed and the Senate is the situation there as nearly as we can rather than tear up the more fully attended than it is at the present time. whole system of their local government and create it anew. Mr. HANSBROUGH. I just came into the Chamber, and was As the Senator from Connecticut knows, the United States not aware that such an arrangement had been made. judges here, who are appointed to go to the Territories, in per­ The reading of the bill was resumed. The next amendment of forming their duties there administer the local laws of the Terri­ · the Committee on Foreign Relations was, in section 81, page 36, tories as well as the United States statutes generally. But as to line 18, after the word "office," to strike out "during good be­ Hawaii, it seemed to the commission that we ought to adopt the havior" and insert" for a term of nine years;" so as to read: plan they have there, supplementing it with a provision for a All such officers shall hold office for four years and until their successors United States judge. The plan is to constitute the different islands are appointed and qualified, unless sooner removed, except the chief justice into a Territory and have a judge administer United States laws, and justices of the supreme court, who shall hold office for a term of nine pure and simple, and officers to execute and administer them. years, and the judges of the circ.uit courts. whose terms of office shall be six years, and except the commissioners of public instruction and the members That is all I want to say now. I did not care to discuss the mat­ of said boards, whose terms of office shall be as provided by the laws of the ter at all. Territory of Hawaii. Mr. FORAKER. Would it not be better to allow the amend­ Mr. PLATT of Connecticut. I ask that the amendment may ment to be passed over, as the Sena.tor from Connecticut sug­ be passed over. This whole section proposes to introduce into a gested, until we can take up together all the points that are Territory which we are creating an entirely new system of appoint­ objected to. We may in that way be able to conclude the reading ment of judges and some other officers. of the bill this afternoon. Mr. CULLOM. This is only the reading of the section. It is Mr. CULLOM. The Senator from Connecticut insisted upon not being adopted. discussing it, and I was trying to answer him a little. Mr. PLAT'!' of Conn~cticut. I want this amendment to be Mr. FORAKER. I understood the Senator from Connecticut passed over, because I do not want it even adopted now. to say that he did not care to discuss the matter now. He merely Mr. CULLOM. Very well. wanted to call attention to the point and to have the amendment Mr. JONES of Arkansas. What page is it? passed over. Mr. CULLOM. Page 36. Mr. CULLOM. He has been discussing it. The PRESIDENT pro tempore. Page 36, line 18. Mr. PLATT of Connecticut. I was giving reasons why I Mr. PLATT of Connecticut. Section 81, to which I refer, com· thought the amendment should be passed over. mences on page 35. Mr. FORAKER. That was all. Mr. President, we are giving to this new Territory of ours pow­ Mr. PLATT of Connecticut. If the Senator from Illinois ers and privileges which we have given to no other Territory that thought I was really discussing the matter, I will try to enlighten has ever been organized in the United States. him hereafter as to why I think no such provision as he has in In every Territory that bas been organized we have re.eerved to s~ction 81 should be adopted. · the President, by and with the advice and consent of the Senate, The PRESIDENT pro tempore. Shall the amendment be passed the appointment of judicial officers-judges, marshals, and other over? officers of that character. Here we commit it entirely to the Mr. CULLOM. I have no objection to its being passed over, governor of the Territory. If this section passes, neither the and had not in the first place. President of the United States nor the Senate can have anything The PRESIDENT pro tempoi:e. The amendment will be passed to say about who shall be judges in that Territory. over. Now, one single thing more. We have provided that the judges The reading of the bill was resumed. The next amendment was, of all our legislative courts should have a tenure of office of four in section 85, page 39, line 1, after the word "have," to strike out years only. This bill not only takes entirely away from the the words '' either directly or through such relative;" so as to make President and the Senate the power of appointment of the chief the section read: justice and justices of the supreme court, but it continues in . SEC. Si?· That no r.erson shall sit as~ j.udge.or_juror in.any case in which his relative by a:ffi.mty or by consangmruty within the third degree is inter­ office by legislation the chief justice and justices of the supreme ested, either as a plaintiff or defendant, or m the issue of which the said judge court for a term of nine years. We never had a Territory of the or juror may have any pecuniary interest. No judge shallsitonanappealor United States where judges had a tenure of office longer than new tri.Jl.l in any case in which he may have given a previous judgment. four years. I merely speak of it now. I should like this amend­ · The amendment was agreed to. ment to be passed over. I do not want to go into the matter at The next amendment was, in section 94, page 43, line 11, after length at this time. - the word "dollars," to insert "United States district ju:dge, Mr. CULLOM. Mr. President, I merely wish to say a word, $5,000;" and in line 18, after the word "dollars," tO" insert "an­ inasmuch as the Senator from Connecticut is clj.sposed to discuss nually;" so as to make the section read: the bill as we go along, which I have tried to avoid as we are only SEC. 9!. That the following officers shall receive the following annual sal­ having it read now. aries, to be paid by the United States: The governor, $5,000; the secretary of the Territory, $3,000; United States district judge, $.5,000; the United States The commission which was sent to Hawaii found there a very marshal, $2,000; the United States district attorney, $2,000. And the governor good civil government. Of course there were many things not shall receive annually, in addition to his salary, the sum of $.500 for stationery, entirely satisfactory and which we propose to change, but the postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of $21 000 annually for his private sec­ commission desired to recognize the situation as it was and, so far retary. as we could, consistently with the interests of the United States, allow conditions to remain there that were not entirely out of The amendment was agreed to. _The next amendment was, in the last paragraph of section 98, harmony with the spirit of the Government of the United St~tes at home. We found a supreme court there, not to_administer page 45, line 10, after the word "the," to strike out "governor" United States statutes, but to administer the laws of the Territory, and insert "attorney-general;" in line 11, after the word "Har which is preserved in the bill and which is in harmony, as we wail," to strike out "may" and insert i:shall;" in line 12, after thought, with the general principles and interests of the Govern­ the word '' in," to strike out " a" and insert '' such; " and in the ment of the United States as well as of that Territory. same line, before the word ''provided," to insert" as may be;" so The plan of the bill is to retain the legislature, the system of as to make the paragraph read: That if such fishing right be established, the attorney-general of the Ter­ local courts, purely to administer Territorial statutes, and to pro­ ritory of Hawaii shall proceed, in such manner as may be provided by law vide a United States judge to administer the United States laws. for the condemnation of property for public use, to condemn such private The commission believe that the wisest course for us to pursue is right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be to retain in force the laws, so far as they are consistent with our paid out of any money in the Treasury of the Territory of Hawaii not other· ideas of government, and the courts to administer them; and we wise appropriated. found there a life tenure of judicial officers. The Committee on The amendment was agreed to. Foreign Relations of the Senate thought perhaps that that was The reading of the bill was concluded. not exactly the right thing to do, and so we limit the terms of the Mr. CULLOM. I desire, in behalf of the committee, to move to judges of the supreme court to nine years and of the circuit judges strike out sections 104 and 105 and to insert in lieu of those sec· of that Territory to six years. tions: We believe there is no occasion for changing everything there SEa. 104. That this act shall take effect sixty days on and after the date of simply because we can and because in the Territories here in our the approval thereof. own country we have United States judges to administer Terri- The adoption of this amendment I will state is very important. 1872 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16,

Mr. PETTUS. Is not the phrase" on and after the date" mis­ Mr. RICHARDSON. I thmk the RECORD shows the bill as it leading? passed the Senate, and yet I thought it well to have the amend· The PRESIDENT pro tempore. It is wrong. If the Senator ment printed separately as a part of the House proceedings. from Illinois will look at it he will see that it is wrong. Mr. OVERSTREET. I have no objection, Mr. Speaker. Mr. CULLOM:. I took it out of the House print. Let it read The SPEAKER. The gentleman adds to his request that the "from and after its passage." Senate amendment be printed in the RECORD. Is tpere objection? The PRESIDENT pro tempore. The Secretary will read the [After a pausel. The Chair hears none. The Chair will announce amendment as modified. the conferees during the day. The SECRETARY. It is proposed to strike out sections 104 and 105, in the following words: LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL. SEc.10!. That the legislature of the Republic of Hawaii may enact laws Mr. HEMENWAY. Mr. Speaker, I move that the House re· r~!r~~~nsistent with the foregoing provisions prior to the ta.king effect solve itself into Committee of the Whole House on the state of the SEc.105. That this act shall take effect on the 4th day of July, 1900, except Union for the pm·pose of considering appropriation bills. section 104: hereof, which shall take effect immediately after the approval of Mr. SIMS. A parliamentary inquiry, Mr. Speaker. If this this act. motion is voted down, will it be in order to move that the House And in lieu thereof to insert: resolve itself into Committee of the Whole to consider business on SEC. lQ.!.. That this act shall take effect sixty days from and after the date the Private Calendar, it being Friday? of the approval thereof. The SPEAKER. It would be in order. The amendment was agreed to. Mr. SIMS. Then I hope the motion will be voted down. 'Mr. CULLOM. I believe it was understood that on the com- The SPEAKER. The gentleman from Indiana moves that the pletion of the reading of the bill there would be an adjournment. House resolve itself into Committee of the Whole House on the The PRESIDENT pro tempore. The Senator gave notice that state of the Union for the consideration of the legislative, execu­ he wished to insert the word ''exclusive" in two or three places. tive, and judicial appropriation bill. Mr. CULLOM. There are quite a number of those places, and The question was ta.ken; and on a division (demanded by Mr. as I think Senators are a little anxious that the Senate shall now Srns) there were 76 ayes and 54 noes. adjourn, I will defer that for a future day. I move that the Sen- So the motion was agreed to. ate adjourn. Accordingly the House resolved itself into Committee of the The motion was agreed to; and (at 3 o'clock and 20 minutes WholeHouseonthestateoftheUnion(Mr.SHERMANinthechair) p. m.) the Senate adjourned until Monday, February 19, 1900, at forthe furtherconsiderationof thelegislative,executive,and judi- 12 o'clock meridian. · cial appropriation bill. The CHAIRMAN. The House is now in Committee of the Whole House on the state of the Union for the further considera­ tion of the appropriation bill, the title to which the Clerk will read. HOUSE OF REPR.ESENTATIVES. The Clerk read as follows: FRIDAY, February 16, 1900. House bill 8347, making appropriation for legislative, executive, and judi­ cial expenses of the Government for the fiscal year ending June 30, 1901, and The House met at 12 o'clock m. - Prayer by the Chaplain, Rev. for other purposes. HENRY N. COUDEN, D. D. The Clerk, proceeding with the reading of the bill, read as follows: The Journal of the proceedings of yesterday was read and ap­ For superintendent, $1,800. proved. For assistants and laborers, under the direction of the Joint Library Com- MESSAGE FROM THE SENATE. mittee of Congress, $12,093. 7G. . A message from the Senate, by Mr. BENNETT, its Secretary, an­ Mr. HEPBURN. Mr. Chairman, I desire to make an inquiry nounced that the Senate had passed, with amendments, the bill of the gentleman from Indiana (Mr. HEMENWAY]. I want.to in­ (H. R. 1) to define and fix the standard of value, to maintain the quire of the gentleman in charge of the bill if this is the total parity of all forms of money issued or coined by the United States, expense of the Botanic Garden? Is this bill the entfre expense and for other purposes, in which the concurrence of the House of that institution, or are there other items carried in some other was requested. bill? The message also announced that the Senate had passed the fol­ Mr. HEMENWAY. I am informed by the clerk of the commit­ lowing resolution; in which the concurrence of the House was tee that on the sundry civil bill there is an appropriation of $5,000 requested: for ihe buildings. · Resolved by the Senate (the House of Representatives concurring), That Mr. HEPBURN. Are not the appropriations for the Botanic there be printed 5,000 copies of the report of Capt. W.R. Abercrombie on the Garden carried on still another bill, is not that the rule? Copper River exploration expedition to Alaska, transmitted by the Secretary of War, of which 1,500 shall be for the use of the Senate,2,500 for the use of the Mr. HEMENWAY. I understand on the sundry civil bill there House of Representatives, and 1.000 for distribution by the War Department. is an appropriation of about $5,000 in addition to the appropria­ tion carried here. SENATE RESOLUTION REFERRED. Mr. HEPBURN. And no other? Under clause 2 of Rule XXIV, Senate resolution of the following Mr. HEMENWAY. Not that I know of, and I think I am title was taken from the Speaker's table and referred to its appro­ correct. priate committee as indicated below: The Clerk, proceeding with the reading of the bill, read as follows: Resolved by the Senate (the House of Representatives concurring), That For contingent expenses of the Executive Office, including stationery there be printed 5,000 copies of the report of Capt. W.R. Abercrombie on the therefor, as well as record books, telegrams, telephones, books for library, Copper River exploration expedition to Alaska, transmitted by the Secretary miscellaneous itents, and furniture and carpets for offices, care of office car­ of \Var, of which l,500shall be for the use of the Senate, 2,500 for the use of the riage, horses, and harness, $12,000. Honse of Representatives, and 1,000 for distribution by the War Department- Mr. PEARRE. Mr. Chairman, I move to strike out the last to the Committee on Printing. two words. If I thought that a motion to strike out the appro­ THE FINANCIAL BILL. priation providing for the Civil Service Commission would put an l\fr. OVERSTREET. Mr. Speaker, House bill No.1, known as end to that commission and its work, I would make that motion the financial bill, has just been returned to the House, and I ask before this House, and ask for its consideration and a vote; but I unanimous consent that the House nonconcur in the Senate am persuaded that even if this clause in the bill should be extir­ amendment and ask for a conference. pated by a vote of this house, this commission would continue in The SPEAKER: The gentleman from Indiana asks unanimous existence and in the perfo1·mance of its functions, and that the consent that the House nonconcur in Senate amendment to the money needed for its payment and sustenance would be furnished House bill No. 1, fixing the standard of value, etc., and ask for a out of other appropriations of the Government, or supplied subse­ conference. Is there objection? quently by the presentation of a deficiency. Mr. RICHARDSON. Mr. Speaker, I think the amendment of But, Mr. Chairman, I do desire, in the presence of this House the Senate ought to be printed in the RECORD, and if the gentle­ and of the country, to register my unqualified and unequivocal man will accompany his motion with that request, I see no opp__osition to every feature of the civil-service law of 1883, sup­ objection to it. plemented by the act of 1871 in its present application and admin­ Mr. OVERSTREET. Ithinkthe amendmentisalreadyprinted istration, My reasons for the opposition to that law are funda­ in the RECORD of this morning. mental. They go to the very foundation of the theory upon Mr. RICHARDSON. The gentleman thinks it is printed with which the law is based. the Senate proceedings of yesterday? I shall first, sir, consider the first objection that occurs, and Mr. OVERSTREET. Yes that is that the passage and application of this law to the various Mr. RICHARDSON. Is the gentleman sure that it is the sa,me branches of the public service without requiring examinations as it comes to the House? to test the fitness of the then incumbents in office of the public Mr. OVE.RSTREET. I would not object to the request, Mr. service was pernicious and vicious partiality. If this law can be Speaker, but I am nnderthe impression that it is contained in the justified upon any theory, it is upon the theory that in 1883 the RECORD of this morning• Departments of the Government of the United States were filled

... 1900. CONGRESSIONAL RECORD-HOUSE. 1873 with incompetent people. If that were not true, then there was The CHAIRMAN. Does the gentleman from Maryland [Mr. no necessity for the passage of the civil-service law. PEARRE) yield? . If that were true, then the test of examination should jnstly Mr. PEARRE. Yes, if it is not taken out of my time. have been applied to those who then filled the offices in the Execu­ The CHAIRMAN. It must be taken out of the gentleman's tive Departments of the public service. That was not done; and time. therefore the inevitable conclusion is that hundreds, yea, thou­ Mr. FlTZGERALD of Massachusetts. Is there anything in the sands of incompetent clerks and other officials were kept in the civil-service law to prevent heads of Departments from discharg­ public service by the civil-service law of 1883. ing incompetent men? It is not necessary, Mr. Chairman, to rely upon inference alone Mr. GROSVENOR. Yes; in the Executive order. for that statement, because it has been stated by those in charge Mr. FITZGERALD of Massa~husetts. I am asking the gentle­ of this bill that the public service to-day is filled with incompetent man from Maryland. officials. That being the case, where, I ask, do you find the effi­ Mr. PEARRE. I will answer the gentleman from Massachu­ ciency of this law? This law practically said, "The public serv­ setts without any suggestion, although I am very glad to have ice is filled with incompetent clerks"-- suggestions from the gentleman from Ohio. The provision which The CHAIRMAN. The time of the gentleman from Maryland interferes with the power of removal in the heads of Departments [Mr. PEARRE] has expired. is in the order of the President, which says that they shall not be Mr. HEMENWAY. I ask unanimous consent that the gentle­ removed except upon charges made in writing and for just cause. man be allowed to continue five minutes. Mr. FITZGERALD of Massachusetts. As my colleague stated l\Ir. PEARRE. I would like to have ten minutes more. yesterday-- Mr. HEMENWAY. Then I ask that the gentleman be allowed Mr. PEARRE. I do not yield further. I shall be ready to hear ten minutes additional. the gentleman fully on this subject when he has the floor. The CHAIRMAN. Is there objection? The Chair hears none, Mr. FITZGERALD of Massachusetts. If the civil-service law and the gentleman will proceed. were out of the way, the gentleman from Maryland, residing so Mr. PEARRE. Those in favor of this law, its advocates, prac­ near Washington, would just fill this town with Marylanders oc- tically said to the people of the United States: "The public service cupying public office. · is filled with incompetent clerks; we must have a law to put them Mr. PE ARRE. I fancy that the patriotism of Massachusetts is out; we must have a law to purge the public service and make not superior to that of other States, because I heard read in this competency the test of eligibility to that service." Yet that law House the other day a list of members of Massachusetts regiments contained no provision which would test the qualification of the that never smelt powder in the Spanish war and who are now ask­ man who was in-whose incompetency must have been the reason ing pensions. and justification for the passage of the law-but only placed Con­ Mr. FITZGERALD of Massachusetts. Mr. Chairman-­ gress in the inconsistent position of requiring a test of qualifica­ The CHAIRMAN. Does the gentleman yield further? tion for those who are trying to get in. . Mr. PEARRE. No, sfr. Now, Mr. Chairman, there is another reason why I am opposed The CHAIRMAN. The gentleman declines to yield further. to the civil-service law in its present operation and administra­ Mr. PEARRE. Sir, the Massachusetts regiment, that never got tion, and that is that its provisions apply solely to the lower near Santiago, has filed to-day, according to the statement of a. offices in the public service. Heads of Departments, heads of responsible member of this House, applications for pensions to the bureaus, the men who control the affairs of those Departments, number of 500, or nearly half of their whole number. are subjected to no test of qualification. It is a discr.imination Now, Mr. Chairman: 1.am further opposed to this law, because against the poor, the humble, the uninfluential, and places a pre­ I do not believe that examination is a test of fitness for the par­ mium uponpoliticalfavoritismorupon the political hack, who, by ticular work. It has gone into history, sir, that the valedictorian handling primaries or manipulating political conventions, has in­ is never heard of after commencement day. - gratiated himself into the favor of some political boss. If you will go through the annals of the bar of this country­ Mr. TERRY. Will the gentleman allow me one question? and l think this statement will commend itself to the recollection, Mr. PEARRE. Yes, sir. . judgment, and approval of every member of the bar in this House­ Mr. TERRY. Is it not apparent from the gentleman's exam­ you will find, sir, that those students of law who have given the ination of this matter that the question of the efficiency of the best promise of success by standing high in their studies while at civil-service law depends almost enti.rely on the head of the partic­ the law schools and passing the best examinations, in many in­ ular Department who undertakes to administer it? stances, when brought to face the practical problems of the pro­ Mr. PEARRE. I quite agree with the gentleman as to that, fession and apply the priµciples to the practice, have become and that is my argument-that if you put at the head of the De­ absolute failures. · - partments men of proper qualifications, men of efficiency, men Look at the Army in every war in which this country has been of probity, men of honesty, who are determined to see that the engaged. Some of the most distinguished successes have been public service is purged and kept free from incompetent subordi­ gained by men who had not the advantage of the technical train­ nates, you have every guaranty that the safety of this nation and ing of the West Point Military School, the latest illustration of the good of the public service requires. which, sir, i~ the magnificent career of that soldier of the people, Mr. FITZGERALD of Massachusetts. Will the gentleman taken from its loins, Lawton, who died so gloriously in the Phil­ allow me a question? ippines the other day. . fApplause.] Mr. PEARRE. I yield for a moment, but I do not want it taken Why, Mr. Chairman, ook at the medical ·profession, and you out of my time. - will find that colleges are filled with professors who have scientific Mr. FITZGERALD of Massachusetts. Is there any single De­ knowledge of the principles of their profession, who, when faced partment of the Government where inefficiency has resulted by the application o~ those principles to the ills of mankind, have from the operation of the civil-service system? Has any head of proved utter and complete failures. · a Department ever complained that the inefficiency of clerks in Mr. Chairman, it is not necessary to go that far, because it has his Department was due to the operation of the civil-service been admitted in this debate that the temporary clerks provided system? by the deficiency acts of 1898 in the War Department have given Mr. PEARRE. I have heard numerous complaints in regard as complete satisfaction in point of service and efficiency as any· to clerks. But that would not make any difference so far as the men taken from a certification of the Civil Service Commissioners, argument of the gentleman is concerned unless he is prepared to and better in many instances. If this be the case, where is the state. the instances of inefficiency arising before the passage of need for such a law? this law. . The CHAIRMAN. The time of the gentleman has expired. Mr. FITZGERALD of Massachusetts. There were thousands. Mr. PEARRE. I should like to have five minutes more. I was Mr. PEARRE. Yes; and there are thousands to-day. interrupted seye1;al times. Mr. FITZGERALD of Massachusetts. Where are they? Mr. FITZGERALD of Massa-0husetts. I have no objection-­ Mr. PEARRE. Where were they before? Mr. HEMENWAY. I ask unanimous consent that the gentle­ Mr. FITZGERALD of Massachusetts. In every Department of man have five minutes' time. the Government. The CHAIRMAN. The gentleman from Indiana [Mr. HEMEN­ Mr. PEARRE. I reply to the gentleman in the same way. In WAY] asks unanimous consent thatthegentlemanfromMaryland every Department of the Government the complaints of ineffi­ may proceed for five_minutes longer. Is there objection? ciency are so common that any specific or special cases are not There was no objection. necessary to be referred to. So far as that is concerned, the gen­ Mr. PEARRE. Now, Mr.Chairman, that is admitted upon this tleman from Indiana said yesterday that in the Departments-in floor in this debate, that the temporary clerks in the War Depart­ one Department, at any rate-there are to-day 10 per cent of in­ ment have given ample satisfaction and have performed every competent clerks; and the complaint is made that it is impossible duty the public service requires. Why, Mr. Chairman, as a fur­ to get those incompetents out. ther illustration that examinations are not conclusive tests of fit­ Mr. FITZGERALD of Massachusetts. I should like to ask the ness, nor even reasonably good tests of fitness for the particular gentleman-- work, I may be pardoned for calling the attention of this House XXXIIl-118 1874 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, to a case which came within my own personal observation. A ernment did not suffer by reason of the fact that we had no civil­ lady applied for a position in the Census Office and was required service law. to pass the examinatioIL She was 50 years of age. She had been The United States Government has been the pioneer, under God, teaching school to my personal knowledge for twenty-five years in the progress of civilization, and to-day, sir, she has planted her and had been engaged in literary pursuits during her whole flag in the Orient, which is the day star of hope and the pole star life, a woman of fine intellect, of great qualification, a woman to the nations of the earth, to the haven of political regeneration who had devoted her life to the technical matters of educatioIL and redemption. There we find the boys in blue and the boys in Yet, sir, in the face of that examination she failed; whereas to-day gray, under Grant and Wheeler, marching to the blended strains I am prepared to say to this House that there is not one jot or tit­ of Yankee Doodle and Dixie [applause] toadvance the landmarks tle of doubt about her eminent qualifications for any position to of civilization and to retain the flag of this nation where it has which she might have been appointed had she passed that exami­ been once justly planted. [Applause.] That flag, sir, has ever nation in that Bureau. been and will ever be the panoply of freedom and the talisman of But, Mr. Chairman~ these are not the only objections. This law equal rights to all men under the law. is full of inconsistencies and inequalities in its operation. Why, Those boys who are fighting there to-day, sir, are considered ca­ there is an attempt made in the act of 1871 to lead the people in pable by the people of this country to guard this nation's flag and this country to believe that some sort of preference is shown to honor and to advance the landmarks of civilization. If they are the old soldier in these civil-service laws, but if you will look at fit for that, in God's name, I ask, should they not be recognized as that law you will discover that in order to have that preference fit to administer, without examinations, at least the minor civil he must show an injury in the service, traceable to the service, offices when that insurrection has been suppressed and civil gov­ and then the President's order requires that he shall pass the ex­ ernment restored? fLoud applause on the Republican side.] amination and attain a grade of 65, no matter what his service Mr. FITZGERALD of Massachusetts. Mr. Chairman, I think may have been, no matter how loyal he may have been to his there is some reason, judging from the criticisms we have seen in country, no matter at what personal sacrifice of comfort and pros­ the public press at various times during the past four years of pects he gave his services to his country. He has no ·preference the manner in which the civil-service laws are administered by unless he can trace his disability to the service. And yet, sir, in the present Administration, for the criticism of the civil-service the succeeding section you will discover that those who were not laws in general which has just been made by the gentleman from injured in the service are kindly recommended to the tender mer­ Maryland. I think the real reason that actuates the gentleman in cies of the banker, the manufacturer, and the merchant for pref­ making this attack is the fact that Maryland is so close to Wash­ e1-ence in securing employment. ington, if the civil-service law should be repealed, all the gentle­ If this be not a lie written upon the statute books of the United man's constituents would flock here and take possession of the States, then repeal this law and give to every loyal soldier of the offices. Government of the United States preference for employment to Mr. PEARRE. Will the gentleman permit me? I permitted which he was entitled. [Applause.] the gentleman to interrupt me. Mr. Chairman, this law is un-Amer1can and unnecessary. It Mr. FITZGERALD of Massachusetts. Certainly. reminds one and savors much of the old laws of primogeniture Mr. PEARRE. I just want to assign a reason, one reason only, and entail in England. It is unnecessary, for the reasons that I on this subject. The Congressional platform upon which I was have given. nominated declared for the repeal or modification of this law; · During the whole period of this country's history it was never and further than that, when an amendment to the constitution of found necessary until all the issues between the parties seemed to Maryland was suggested and submitted to the people in 1897, pro­ have been thrashed over and fought out and statesmen were look­ viding for a civil-service law in Maryland, it was defeated by ing about for some sort of new political emotion. Then they 60,000 votes. turned to this grand reform in the civil service of the Government. Mr. FITZGERALD of Massachusetts. That only confirms the Why, sir, these colonies, when but 3,000,000 people, waged statement that I made, that the gentleman's constituents in Mary­ war against the strongest nation then upon the earth. All the land, as a general rule, are in favor of the repeal of the law, so civil Departments of the Government of those colonies were that they could get possession of offices in the District of Co­ strained to the utmost, and yet, sir, the autonomy of their Gov­ lumbia., and the ot.her portions of the country would not get their ernment and their success was never interfered with by the fact proper share. that we had no such civil-service law. Mr. WACHTER. I desire to say, as a member from Maryland, In 1812, sir, this nation, a little bit stronger, got into a contro­ that it gives us more trouble also, by reason of being so close to versy with Great Britain .again, and whipped out of that nation a the capital recognition of the principle, which has since become a principle Mr. FITZGERALD of Massachusetts. I appreciate that fact. of international law, that the American flag on board an Ameri­ Mr. WACHTER. But we are against it. can ship protected any man who rested beneath the shadow of its · Mr. FITZGERALD of Massachusetts. You are so close that foldsJ the rest of the country would not get recognition at all if the The CHAIBMAN. The time of the gentleman has expired. civil-service law is repealed. Now, Mr. Chairman, as I stated Mr. PEARRE. I should like to have five minutes more. I will yesterday on the floor of the House, the civil-service law is car­ promise the gentleman from Indiana that I shall not ask for fur­ ried out nearly to perfection, if I might put it that way, by those ther time. who are the responsible heads of the different departments of the The CHAIRMAN. The gentleman from Maryland asks unani­ National Government in the city of Boston; and, as I stated yes­ mous consent to proceed for five minutesA Is there objection to terday, for the past fifteen years, since Mr. Cleveland first as­ the request? sumed the office of President, the women and the men who have There was no objection. taken the examination for service ·under the National Govern­ Mr. PEARRE. As I said, sir, in that war we whipped out of ment in that city are appointed in the order of merit. On the Great Britain the recognition of the principle, which has since be­ walls of the Boston post-office to-day is exposed a list of those come a principle of international law, that the American flag on men and women who have taken the examination in the past year, an American shi:p protected any man who rested beneath the and I challenge the gentleman who has just taken his seat or any shadow of its folds. And, sir, at that time, as in every case of other member of this House to show where a single individual's war, every civil Department of this Government was stirred and name has been passed, Politics has not interfered in the ap­ strained to excessive activity, yet no need was felt for reform in pointment, and every man and woman who has been appointed the civil service, and the success of our arms was in no way inter­ can thank his own brains and industry rather than charge his ap­ fered with. pointment up to some one with a political pull. In 1848 we took into our arms appealing Texas, with her mag­ I do not know, Mr. Chairman, how the law has operated in other nificent domain, and Florida afte1·wards. Prior to that time we sections of the country. I know that it is not lived up to in the had made the Louisiana purchase, and we have managed and ad­ city of Washington at the present time, and the Civil Service Com­ ministered the affairs of that vast territory, bringing portions of mission has protested against its evasion more than once. I know it in as States at different times, without destroying the autonomy it is not lived up to in other sections of the country, and the atten­ of our Government or feeling the need for reform in the civil tion of the President has been called tothatfactbythe Civil Serv­ service. ice Commission. The attention of the President of the United In 1861, sir, brothers in this land were engaged in a controversy States has been called to the fact that the civil-service law has been which could only be settled by the arbitrament of the sword. All violated in the matter of levying assessments upon officeholders the branches of the civil service of the Government were un­ for the success of the Republican party in the Ohio campaign last usually stirred, and yet, sir, we went through that war and year. [Applause on the Democratic side.] It is a notorious fact, reached a satisfactory settlement of the enormous questions in­ Mr. Chairman, that almost every postmaster and every employee volved without the aid of a civil-service law and without feeling under the United States Government, in our State e.t least, re­ any necessity for it. During that war, sir, billions of money were ceived a circular letter from the chairman of the Republican State spent and the armies of the United States were organized with committee of Ohio asking for an assessment to benefit the Repub­ more than a million of men. Yet the civil branches of this Gov- lican campaign in the State of Ohio. 1900. CONGRESSIONAL RECORD-HOUSE. 1875

Mr. WACHTER. Will the gentleman allow me to ask him a of the Spanish-American war veteran, and when he submits a ' question? table to this House in which it is stated that no deaths resulted Mr. FITZGERALD of Massachusetts. Certainly. from the service of the Ninth Massachusetts Regiment, he cer- Mr. WACHTER. Do you mean to say that that was not done tainly displays a lamentable amount of ignorance or betrays an under th'e Cleveland Administration? evident purpose to do a great injustice to this regiment. The Mr. FITZGERALD of Massachusetts. I never knew of any record of the Ninth Massachusetts Regiment, taken from the circular being sent around, and I do not believe any such practice Adjutant-General's Office, shows that there were 3 men wounded, was indulged in. 4 officers and 110 enlisted men died from disease contracted in the Mr. WACHTER. Do you mean to say that it was not done service. under the Cleveland Administration? Mr. WACHTER. From what cause? Mr. FITZGERALD of Massachusetts. Never done that I have Mr. FITZGERALD of Massachusetts. From disease contracted heard. by the inefficiency and neglect of this Government. [Applause Mr. WACHTER. It was done in the city of Baltimore. on the Democratic side.] Now, I wish the members of this House Mr. FITZGERALD of Massachusetts. I challenge the gentle- to understand that no other State in this Union has a prouder man to produce evidence in order. Now, Mr. Chairman: the rec- record than Massachusetts in this war, and when the gentleman ords of the Railway-Mail Service here-- says that neither of these regiments smelt powder he says what The CHAIRMAN. The time of the gentleman has expired. is not true. I wish to say that the Second Massachusetts was Mr. FITZGERALD of Massachusetts. Mr. Chairman, I ask , about the first, if not the first, volunteer regiment that landed in unanimous consent that I be permitted to proceed for ten minutes. Cuba, and that the Ninth Massachusetts followed a short time The CHAIRMAN. The gentleman asks unanimous consent afterwards, and that the State of Massachusetts has the proud that he be permitted to proceed for ten minutes. Is there objec- record of being the only State that furnished two regiments in tion? rAfter a pause.] The Chair hears none. the memorable campaign of Santiago. Mr. FITZGERALD · of Massachusetts. The records of the Now, Mr. Chairman, it was not necessary for men to die of Railway Mail Service here in Washington show the efficiency of wounds in the Santiago campaign to show that they were valiant the civil service in that branch of the Government work. The and to entitle those depending upon them for support to apply for reports of that office tell us that since the civil service has been in a pension. Disease in the Crimean war created more havoc operation that great department of the Government has increased among the English soldiers than bullets. We all know what oc­ its efficiency tremendously, to that extent, I believe, that only a curred in the Santiago campaign, and we all know the conditions very small fraction of 1 per cent of mistakes are made in that that existed there. I have seen it stated somewhere that when Bureau now. the British army, under the Earl of Albemarle, landed on the When bovs from my district and my State have written to me Cuban coast and attacked Habana in 1762 it lost nearly half of its and asked ine to do something toward getting them appointed, efficiency by sickness in lass than four weeks. I have told them in every instance that the appointment would . Mr. CORLISS. Will th~ gentleman allow me an interruption? be made in the order in which they appeared on. the list, and I Mr. FITZGERALD of Massachusetts. Certainly. believe there never has been an exception to that rule. Now, I do Mr. CORLISS. I want simply to remind the gentleman from not know what State the lady who, according to the gentleman Massachusetts that Michigan bad two volunteer regiments at from Maryland, has been teaching school for twenty-five years Santiago. came from, who could not pass a civil-service examination, but in Mr. FITZGERALD of Massachusetts. That is true. I accept my own State of ~Iassachusetts we have the list crowded with the that statement. The gentleman from Michigan is correct. names of those who pass these examinations without any trouble Mr. CLAYTON of New York. And the Seventy-first New York twice every year, and I will cheerfully excuse the ignorance of my Regiment was there. friend from Maryland upon this great question if that is the char- Mr. FITZGERALD of Massa-0husetts. The Second Massachu­ acter of school-teaching that he has been compelled to submit to. setts Regiment was on the firing line and participated in the fight [Applause on the Democratic side.] . at El Caney and San Juan, and the Ninth Massachusetts arrived Now, Mr. Chairman, the gentleman has chosen to go out of his just after these battles and indulged in slight skirmishing until way and atta-0k the Massachusetts regiments. He made a state- the peace treaty was signed. This regiment held the trenches in ment that men in these regiments had applied for pensions who front of the city of Santiago, and if hostilities had been resumed had never smelt gunpowder. would have been ·directly in front of the enemy. Both these regi- Mr. PEARRE. I did not make that statement. I referred to men ts were armed with Springfield rifles and used black powder, it as a statement made by a gentleman on the floor of the House. exposing them to the well-directed shots of the Spaniards, who,. Mr. GROSVENOR. I was just going to ask if the gentleman though fighting for a bankrupt Government, were provided with from Massachusetts heard the speech on his side of the House the most modern gun kn.own to civilized warfare. Two of the yesterday by the gentleman from Tennessee f:Mr. Srns]. three majors of the Ninth Massachusetts died on Cuban soil as a Mr. FITZGERALD ofMassachnsetts. Idianothearthespeech. result of their service within a month of the landing of the regi­ or I would have answered it on the spot. I was in my committee ment, and the colonel of the regiment, who was ordered north room, and I never knew anything about the matter until a few after contracting this insidious fever that prevailed there, died moments ago. two days after his arrival in Boston. Mr. GROSVENOR. Would it not be well to answer the gen- It was the duty of this Government, the richest in the world to tleman from Tennessee fMr. Srns]? provide these troops with evexy safeguard that medical scie.:ice Mr. FITZGERALD of Massachusetts. I int&nd to do that. I could suggest; but how 1.amentably the Government failed in this will answer the gentleman from Tennessee before I take my seat~ direction is known to the House. Mr. G~OSYENOR. He ~aid that there we~e six C!r seven hun- Wh~n the reports of men dying _by the score every day from dis- dred applications for a pension from one regunent m your State eases ID Cuba was flashed to this country, om:: President, Mr. that never heard a gun fired. McKinley, telegraphed General Shafter for the reason. This is Mr. FITZGERALD of Massachusetts. I intend to answer that what General Shafter replied. General Shafter telegraphed that statement if the gentleman will give me time. 75 per cent of his command had been disabfod by fever, and eight Mr, WACHTER. That was only a repetition of the statement general officers of the Fifth Army Corps were signing a round of the gentleman from Tennessee. robin in which they declared that if the army was not immedi:- Mr. FITZGERALD of Massachusetts. The gentleman from ately moved it must perish. - Maryland said that neither of these regiments sm.elt any powder. Shafter also said, ''What put my command in its present condi­ He seems to be as familiar with the records of Massachusetts sol- tion were the twenty days of this campaign when they had noth­ diers as he is with the working of the civil-service law. Now, ing but meat {fat bacon), bread, and coffee, without change of Mr. Chairman, I have t~e Spanish-Ame~can. war record, taken clothes and without any shelter whatever." S_!lafter telegraphed from the Office of the AdJutant-General, m which the Second Mas- August 3, "There has never been sufficient meaical attendance or sac?usetts had.1 officer killed in action and 3 officers wounded; 4 medicine for the daily wants of my command." enlisted men killed and 41 men were wounded, and 4 enlisted men One of the magazine writers, speaking of the situation from d~ed of '!ounds received i~ the servi~e. Two officers and 86 men personal ol?servation, made this criticism of the campaign in Cuba: died of disease contracted m the service. "The mannes observed the laws of health and lived according to I will n_ow present the record of the Ninth Massachusetts, the the dictates of ~odern sanitary science, while the soldiers, through other regiment referred to by the gentleman from Maryland. I no fault of thell' own, were forced to violate almost every known will say at this time that the gentleman from Tennessee who made law of health and to live as though there was no such thing as the original statement concerning these regiments stated to me sanitary science in existence." before I took the floor, when 1 asked him his authority for his I was at Montauk Point when the Second Massachusetts Regi­ facts, th~t the table which he read the other day was prepared by !Ilent arrived from Cuba, and I saw those boys (the great ma.jor­ the Pension Bureau, and he gave out the statement just as it was. ity of them not able to walk the short distance of half a mile to presented to him from the Pension Bureau. This action of the the detention camp) fall by the roadside-not by ones and twos, Pension Commissioner confirms the charge that l made against but by the tens-and I saw them ten days afterwards, just able to him the other day in the House, that he is hostile to the just claim walk to the boat which conveyed them to Massachusetts and home. 1876 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16,

I saw the Ninth Regiment land at Montauk Point a few days Senator Beck said: after the Second, and I helped them in every way that I could to Secretaries have said officially to Congressional committees that they are get sustenance. The incapacity of the Government at that time obliged to take people they do not want; that they have to supply places to to furnfoh these men food and rations was such that I was com­ people for whom they have no use; ana one Secretary came before a com­ mittee at the last session and said he was obliged to keep 17 persons in his De­ pelled to fight with the commissary down there before I could get partment whom he did not want, when one man would do the work better those boys milk and bread and beef five or six hours after they had than the 17; and still such places are kept for political purposes. landed upon that island. There were no overcoats there; they It seems to me that that answers the challenge which the gen­ were not provided with proper tentage; they had no stoves to cook tleman threw out yesterday. food. And when I went to the Quartermaster-General and asked And now one word concerning the remark that the two Massa­ for overcoats and uniforms and stoves, he said they were not on chusetts regiments in Cuba never smelt powder. hand. And those boys, after they came from Cuba-and I was The Second Regiment came entirely from my section of the with them for a week-lay in their tents upon the cold, damp State. It was, I think, the first volunteer regiment in the whole ground. country that was muster~d into the United States service. It not But with all the care that was given by private individuals, to only smelt powder-which the gentleman denied-but it smelt these boys, after their return, died by the hundred. and used the old-fashioned powder on the firing line at El Caney Now, Mr. Chairman, because these men did not receive wounds, all day beside the regulars with their smokeless powder and because their legs were not shot off, because they were not hit with modern guns. It showed a gallantry and steadiness which have missiles fired.from Spanish guns, is that any reason why they should been repeatedly praised by the regular officers and of which we be deprived of their right to a pension? If this Government, by at our home are very proud. Just how many were killed I do not its incapacity, its inability to furnish those men with food, with know, but I do know the number mentioned there is far too small, proper sustenance, rendered able-bodied men unfit for employment, for we brought back from Santiago to my own city, where there made it impossible for them to support their wives and their chil­ were only three companies, the bodies of thirteen boys, and nearly dren, their fathers or their mothers, is it to be said that they are fifty for the whole regiment; and I think it ill becomes any mem· not entitled to exact from the Government that which is theirs? ber of the House to sneer at the services or the losses or the re­ Mr. Chairman, I do not believe that the gentleman from Mary­ quests for pensions from that gallant regiment. land holds any such doctrine as that. I can not believe the gen­ Mr. COCHRAN of Missouri. Mr. Chairman, yesterday, in a tleman from Tennessee meant to make any charge against the. speech defending the policy of the Administration in reference to patriotism of Massachusetts soldiers. The statement which he the Filipinos and Puerto Ricans, the gentleman from Illinois [Mr. presented he took as a. record given him by the Pension Depart­ BOUTELL] discussed at length the constitutional prerogatives of ment; and, as I stated a few moments ago, the Pension Commis­ the Federal Government. The burden of his speech was regret sioner of the United States has no sympathy at all with the that anybody should call in question the absolute sovereignty of Spanish-American war veterans. I know-- the Government of the United States. The gentleman seems to The CHAIRMAN. The time of the gentleman has expired. entertain the opinion that the Federal Government possesses the Mr. FITZGERALD of Massachusetts. I would like just two same powers as have immemorially been exercised by the mon­ minutes more. archy, and to regard as anomalous the contention that in this country governmental agencies are restrained, limited, and cir- The CHAIRMAN. Is there unanimous consent that the gen­ cumscribed by the Constitution. . tleman from Massachusetts continue his remarks for two minutes Why, Mr. Chairman, the fundamental difference between the more? The Chair hears no objection. republic and the monarchy is that in the republic the powers of Mr. FITZGERALD of Massachusetts. I know that among the government are limited, while in the monarchy they are not. 25,000 applications pending for pensions there are some that are By our Constitution the Federal Government is invested with cer­ not warranted, are not justifiable; but I know that there are tain enumerated powers and prohibited from exercising others. hundreds of worthy claims lying in the Pension Bureau now. ac­ The Congress can not enact ex post facto laws. It can punish for cording to the statement of the Pension Commissioner himself, treason, but can decree no attainder of blood. l t can impose taxes, that have never been investigated, but await the first scrutiny of but taxes must be equal and uniform throughout the country. It an official of the Pension Department. can preserve the peace, but the people shall not be prohibited from I know of instances where these boys attempted to go to work, bearing arms. and did work for a few days, but they were compelled to give up. But evidently the framers of the organic law were unwilling to I have heard employers of these men say that they did not know rely upon these specific curtailments of the sovereignty of the Gen­ what was the nature of this disease contracted in Cuba by these eral Government. The amendment, which was doubtless intended men-this. malarial fever and typhoia fever and dysentery-but to preclude the growth of the nation's doctrine of "inherent pow­ that the disease was more insidious than any of which they had ers "and "absolute sovereignty," now for .the first time preached had experience; it simply left these men unfit for duty. by an .....\.merican President, declares that all powers not delegated They went away full of animal life and vigor-in the prime of to the Federal Government are retained to the people or to the manhood. They came back physical wrecks. I do not know what States. And yet we hear gentlemen express surprise that any­ may be the number of pension claims that have been presented at body should claim that this Government does not possess all the the Department, but I will say on this floor, Mr. Chairman, that powers exercised by the governments of the Old World. those. boys from Massachusetts who served in the campaign in It is said that if we can not obtain and hold as vassal states Cuba, Puerto Rico, and the Philippine Islands did their duty hero­ populous islands thousands of miles from our shores, then this ically, and that the Commonwealth of Massachusetts has every Government is shorn of a power exercised by all governments reason to Qe proud of the grand and noble record that her sons throughout the world~s history. Why, Mr. Chairman, if we are made in this struggle. [Applause.] to accept the histoq of the monarchy as a guide for our foot­ Mr. GILLETT of Massachusetts. Mr. Chairman, I .was very steps, if we are to accept as a criterion the powers exercised by glad that the gentleman from Maryland [Mr. PEARRE], who is a foreign governments as the correct interpretation of the powers of good lawyer, recognized the futility of making the usual annual our Government, this will be indeed the abandonment of the Con­ motion to strike out this appropriation. I do not believe the stitution and the end of the Republic. House wishes to waste its time in debating this question, which Mr. Chairman, the new and strange doctrine upon which the we all see is not coming to any issue. I do not want to discuss imperial policy of the Administration rests is at variance with the question generally. I would not say anything but for the fact the teachings of all the great statesmen of past generations and that the gentleman from Ohio [Mr. GROSVENOR] made yesterday, with a score of decisions of the Supreme Court of the United in a confident and rather pugnacious way, a statement which I States. Even t.b:e Federalists of the generation that framed the think demands a reply. He said that when the civil-service law Constitution, the earliest and sturdiest defenders of centra~ization was enacted nobody claimed that the existing service was poor, and and extension of the powers of the Federal Government, declared that Senator Pendleton, who had charge of the measure, took the that it could only exercise the powers exp1·essly or by fair impli­ ground that it wa8 introduced simply to make a division of offices cation delegated by the Constitution. Webster and his contem­ between the two parties. "And," said the gentleman from Ohio, poraries were of the same opinion. And the decisions of the Su­ ''I challenge any man on this floor to put his finger on any utter­ preme Court of the United States coincide with the views held on ance of the character to which I have referred." this side of the Chamber as to this as well as every other proposi­ Now, unless somebody responded to that it might be thought tion upon which the Administration l:itands. that that statement was correct, and therefore I wish simply to l\Ir. Chairman, not only in their interpretation of the Constitu­ read the following sentences from the debate at that time. tion, but in their demand for the establishment of arbitrary gov­ In the debate on the civil-service bill in the United States Sen­ ernments over distant colonies the President and his supporters ate in 1883, Senator Pendleton said: are at variance with all the gl'eat statesmen who in the past have written or spoken upon the subject and with the decisions of the I repeat: Mr. President, that the civil service is inefficient1 expensive, and Supreme Court. If the Philippines are to be annexed, it must be extravagant, and that it is in many instances corrupt. Is 1t necessary for me to prove the facts, which are so patent that even the blind must see and with the understanding that then and thereby they will become the deaf must hear1' a part of the United States, and as such entitled to the safeguards 1900. CONGRESSIONAL RECORD-HOUSE. 1877

of the Constitution. Over and over again the Supreme Court bas held unwarranted. To ascertain whether a State rightfully exercises a. power, we have only to ~ee whether by the Cerfect right to u.se them freely in order to accomplish the objects of its institution. independence for ourselves, we may impose upon conquered mil­ lions any form of government that pleases us, regardless of the Daniel Webster said: Constitution. · We mislead ourselves often by using terms without sufficient accuracy or terms not customarily found in the Constitution and laws. The term "sov­ The CHAIRMAN. The time of the gentleman from Missouri ereign" or "sovereignty" does not occur in the Constitution of the United has expired. States; It does not speak of the Government as a "sovereign ~overnment." Mr. COCHRAN of Missouri. I ask for five minutes more. It avoids studiously the application of terms that might admit of different views; and the true idea of the Constitution of the United States is that pow­ The CHAIRMAN. The gentleman asks unanimous consent ers are conferred on the legislature, not by general vague description, but that he may have five minutes more. Is there objection? by enumeration. The Government of the United States holds no powers There was no objection. which it does not hold as powers enumerated in the Constitution or as powers necessarily implied Mr. COCHRAN of Missouri. The gentleman from Illinois [Mr. BouTELL], referring to arguments that have been made against And again: the policy proposed by the Administration, expresses surprise The sovereignty of government is an idea belonging to the other side of that we should deny the power of this Government to do things the Atlantic. No such thing is known in North America. Our governments are all limited. In Europe sovereignty is of feudal origin, etc. But with which may be done by all other governments. My understanding us all pow~r is with the people. They a.lone are sovereign, and they erect pf the Constitution is that it was intended to limit the powers of what governments they please, and confer on them such powers as they Government. It was intended to deprive our Government of please. None of these governments is sovereign in the European sense of the word, all being restrained by written constitutions. powers exercised by others. It provides that the writ of habeas corpus shall not be suspended except when, in case of rebellion or Chief Justice Taney also pointed out, in Scott vs. Sandford, the invasion, the public safety may require it. limited extent of the sovereignty of the United States Govern­ Mr. GAINES. Will the· gentleman from Missouri permit a ment, and in Ex parte Merryman, saying: question there? Nor can any argument be drawn from the nature of sovereignty or the necessities of government for self-defense in times of tumult and danger. Mr. COCHRAN of Missouri. I should be glad to yield, but I The Government of the United States is one of delegated and limited powers. have not the.time, and I can not do so. It derives its existence and authority altogether from the Constitution, and The CHAIRMAN. The gentleman from Missouri declines to neither of its branches can exercise any of the powers of government beyond those specified and granted. yield. Mr. COCHRAN of Missouri. It provides that no bill of attain­ The leading writers, without exception, adhere to the doctrine der or ex post facto law shall be passed. "That no capitation or that ours is a government of laws, administered by governmental other direct tax shall be laid unless ·in proportion to the census agencies whose powers are enumerated and limited, and that the or enumeration herein directed to be taken." "That no tax or Congress possesses no powers except those conferred by the Con­ duties shall be laid on articles ex11orted from any State." stitution, and can enact no law obnoxious to the Constitution. I might mentiOn other similar provisions contained 'in the Con­ In Cooley's Constitutional Limitations (page 11) it is said: stitution as originally adopted. Passing to the amendments to The Government of the United States is one of enumerated powers, the national Constitution being the instrument which specifies them, and in the Constitution, we find other limitations upon the powers of which authority should be found for the exercise of any power which the government imposed. The Bill of Rights is a distinct negation of National Government assumes to possess. In this respect it differs from the doctrine of the absolute sovereignty of government; and, Mr. the constitutions of the several States, which are not grants of powers to the States, but which apportion and impose restrictions upon the powers Chairman, even more significant than its specific limitations is which the States inherently possess. - the constitutiOnal provision that- In his Constitutional Law (pages 29-31) the same learned jurist The powers not delegated to the United States by the Constitution nor prohibited to the States are reserved to the States respectively or to the states: " people. The Government created by the Constitution is one of limited and enu­ merated powers, and the Constitution is the measure and the test of the Mr. Chairman, if the reigning politicians really hope to succeed powers conferred. * * * It is manifest that there must be a difference in in the programme mapped out at the White House, they must the presumption that attends an exercise of national and one of State powers. assume that the Supreme Court is going to reverse at least twenty The difference is this: To ascertain whether any power assumed by the Gov­ ernment of the United States is rightfully assumed the Constitution is to be adjudicated cases, in which every pToposition laid down in the examined in order to see whether expressly or by fair implication the power Administration policy as to Puerto Rico and the Philippines is de­ has been granted, and if the grant does not appear, the assumption must be clared unconstitutional. That this is their hope was shown early 1878 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, in the controversy by the declaration of a prominent Republican robbing them of their hard earnings by means of fraudulent and unjust pen­ Senator in a speech delivered in the Senate that the Dred Scott sions? decision, in which the court unanimously concurred in denounc­ That lang:!age was used by the gentleman from Tennessee, a ing as unconstitutional the very things now proposed by the Ad­ partisan friend of the gentleman from Massachusetts [Mr. FITZ~ ministration, long ago became "a hissing and a byword." The GERALDl; but the gentleman from Massachusetts sat in his seat Senator was paving the way for an assault upon former decisions silent when that assault was made-- of the Supreme Court and took this method of disposing of one of Mr. FITZGERALD of 'Massachusetts. I was not present. them. The Dred Scott decision at the time of its enunciation was Mr. HEPBURN (continuing). Upon his constituents, on those not criticised generally as illogical or contrary to law. The one regiments that he eulogizes, and never a word of dissent from feature of the decision which shocked the conscience of the nation him. was that it defined accurately the helpless condition of the slave. Mr. FITZGERALD of Massachusetts. Mr. Chairman­ It challenged the attention of the American people to the fact The CHAIRMAN. Will the gentleman yield? that millions of human beings in this country had no civil rights Mr. HEPBURN (continuing). Or if the gentleman was not which white men were bound to respect. present, he has seen the RECORD, because he read from it here this It served a purpose in the political discussions of the slavery morning. question in this, that it did hold up to the American people the Mr. FITZGERALD of Massachusetts. Mr. Chairman. I stated monstrous proposition that millions of human beings could live a few minutes ago, and the gentleman must have heard if he was under the American flag without the right to resort to the courts here, that I was not present in the House when the gentleman from created by the Constitution for the enforcement of human rights Tennessee [Mr. Sms] made his cha1·ges. and the punishment of wrongdoers. Now, what is proposed? Mr. I:l.El>-:BURN (continuing). And when reading from that The leaders of the great party whose founders pointed to the Drea RECORD, holding it in his hand, he blandly stated to the gentle­ Scott decision as an adjudication, eloquently setting forth the man from Tenneseee, "Undoubtedly he secured his information enormity of human slavery in a Republic, propose to place 12,000,- from the Department." 000 Filipinos and 1,000,000 Puerto Ricans under a government re­ Mr. FITZGERALD of Massachusetts. Mr. Chairman-- strained by none of the safeguards of the Constitution. They Mr. HEPBURN (continuing). The only rebuke he saw fit to have declared, and propose to proceed to the end upon the propo­ make; and yet when the gentleman from Maryland [Mr. PEARRE], sition, that the people of these islands have no constitutional in the com·se of a speech in reply to a taunting suggestion from rights which the American courts are bound to respect. The him, imputing an ignoble motive to him, made reference to what President proposes that, under such legislation as Congress, un­ had been said by the gentleman from Tennessee, at once the restrained by the Constitution, may enact, rulers by him ap­ wrath of the gentleman from Massachusetts is excited, and be pointed shall govern these peoples. They are to be treated as calls that simple reference an attack upon the honor of the Com­ conquered peoples-their islands as vassal states. We are to have monwealth that he in part represents. Singular, is it not, to take one standard for ourselves and our children and another standard without a word of rebuke the assault that is made by his partisan for them and their children. Liberty in our own country-vas­ from Tennessee, solicitous to construe into affront and as offensive salage in our dependencies I a mere allusion to that which has been said without the slightest And this is not to be a temporary, but a permanent arrangement. pretense of indorsement? These islands are to remain forever the property of the Republic, The CHAIRMAN. The time of the gentleman has expired. but are never to fully share its blessings. When I asked the gen­ Mr. HEPBURN. I would like to have five minutes more if the tleman from lliinois [Mr. BoUTELL] yesterday whether, if in the committee will indulge me. future the islanders should, by means of education, arrive at a The CHAIRMAN. The gentleman asks unanimous consent standard of intelligence and morality justifying their admission as that he be permitted to proceed for five minutes. Is there objec­ States, he would favor their admission, he replied that he would not. tion? fAfter a pause.l The Chair hears none. So say we all. Therefore, the proposition is that eternal slavery Mr. HEPBURN. And while I am upon this subject I want to shall be fastened upon these people. Mr. Chairman, was such a call attention to the unfairness of the usually fair gentleman from proceeding ever dreamed of by the founders of our Government? Tennessee. I find in the tables that he has made this-in the Could such a system endure under the Constitution or laws of the tables relating to the 8 regiments from Northern States the United States? No wonder defenders of such a policy find it nec­ headings, ''Killed," ''Wounded," ''Missing," ''Total." No men· essary to assail the decisions of the Supreme Court. No wonder tion of those who died; no mention of that. Yet the gentleman the Senator who acts as the President's mouthpiece sought to from Massachusetts tells us that those should have been num­ evade the decision of the main question here involved, made by the bered by the hundreds. The gentleman from Tennessee omits Supreme Court in the Dred Scott decision, by appealing to preju­ those and secures only the meager total of 254 out of those regi­ dices arising out of the antislavery agitation of forty years ago. ments. Yet when it comes to the other regiments, to which he It is not even strange that the Senator forgot to state that as to invites comparison-- the question now under discussion-the powers of Congress in leg­ Mr. SIMS. Will the gentleman permit me a question? islating for the government of the Territories-the court was, in Mr. HEPBURN. In a moment. When he gets to the casualties the Dred Scott case, as it has been in half a dozen others in which that have occurred in the 8 regiments from the South, he finds the same ouestion was under consideration, unanimous in declar­ killed in action, 1; wounded, none; died-the number of deaths ing that mall the territory of the United States the Constitution which he has omitted in the other table is here set out in full, and applies; that Congress has no power to enact laws applicable to together with the 1 killed, no wounded, and the dead, he finds territories acquired by cession, treaty, or conquest which contra­ a total of 158. If the gentleman had been fair, if he had stated vene in any respect the organic law. Ours is a Government of all the facts in regard to the Northern regiments, as he did with laws, and all governmental agencies are circumscribed, limited, regard to the Southern regiments, he would have found no such and defined by enumeration in a written Constitution, which ap­ disparity as seems to him to justify this harsh, harsh-other words plies to every inch of the dominions of the Republic. [Loud ap­ would suit better than that-language. · plause on the Democratic side.] Is it any surprise, then, that the brave young men from the North­ The CHAIRMAN. The time of the gentleman has expired. Mr. SIMS. Will the gentleman permit me? Mr. HEPBURN. Mr. Chairman, that our discussions here Mr. HEPBURN. I have told the gentleman once that when I sometimes take a very singular course has been illustrated this morning. Two or three days ago the gentleman from Tennessee got through I .:would yield to him. Is it any surprise, then, that the brave young men from the North who fMr. Srns] made a speech which I find reported in the CoNGRES­ lately volunteered to go and fight Spain, to liberate her oppressed and tax­ SION AL RECORD. I find two tables showing the casualties in 8 burdened subjects, are not restrained by the same noble sentiments when it Northern volunteer regiments and 8 Southern volunteer regi­ comes to thrusting their hands into the pockets of American taxpa_rers and robbing them of their hard earnings by meaDB of fraudulent anu unjust ments. pensions? A MEMBER. What page is that? Which is worse, to perpetrate a fraud upon the Pension Depart­ :Mr. HEPBURN. Page 1851. The gentleman states in his ment or for a man in this House, under the protection that here tables that the casualties in the regiments from the North aggre­ is given him, to create by suppression of the facts an apparent gated 254, in the Southern regiments 185, and in another column condition that seems in his mind or might seem in the minds of the pensions that have been sought for were 3,588 from the North­ other persons to justify such an assault? ern regiments and 761 from the Souther1f. regiments, and he takes Mr. SIMS. Will the gentleman allow me to make a statement? that as a basis justifying this language: You are making an attack on me. There is but one general cause that can be assi~ed for this great and astounding difference in the number of pension applications from the North Mr. HEPBURN. I do not make any attack on you. I am call· and from the South. It must be due to a. wide and generally prevailing- de­ ing attention to what you have done. . praved, debauched, and corrupted public sentiment that exists throughout Mr. SIMS. Let me tell you what I have done. I want it to g9 tho North and does not exist throughout the South, due to education and environment. in your remarks. . These papers were furnished me; I did not write * * • • * * * a figure of them; I did not make a figure; I simply wrote letters Is it any surprise, then, that the brave young men from the North who for information, aad I got the information and the tables, and lately volunteered to go and fight Spain, to liberate her oppressed and tax­ they were printed just.as they came from the Pens~on 9mce. I burdened subjects, a.re not restrained by the same noble sentiments when it comes to thrusting their hands into the pockets of American taxpayers and did not select them; I did not leave out or put anything m, 1900. OONGRESSIONAL RECOR:Q-HOUSE. 1879

Mr. HEPBURN. Did not the gentleman see that these two of the regiment down with typhoid fever. This was the condi­ tables that he was holding up for the purpose of comparison, on tion, irrespective of the usual casualties. which to base his remarks, were not alike? That from one table Now, gentlemen, this condition of things was due to some cause. there was omitted the great aggregate of those who died from These men were carefully examined in the early part of 1898. disease? They were then men in the finest physical condition; for only The CHAIRMAN. The time of the gentleman from Iowa has such were allowed to go to the front. Yet, notwithstanding this expired. fact, we found at the end of two or three months a regiment ab· Mr. HEPBURN. Mr. Chairman, if the House will kindly yield solutely depleted, so far as its ability to do effective work was me five minutes more, I think that will be sufficient. concerned-fully one-third down with disease. To whom should '!'he CHAIRMAN. The gentleman from Iowa asks unanimous this be attributed? To the men in authority, the men who had consent that his time be extended for five minutes. Is there ob­ charge of the United States Army, the men at the top, not the jection? men who stood in the ranks and day after day, from 4 o'clock in There was no objection. the morning to almost 12 o'clock at night, were trying to keep Mr. SIMS. Now, I wanttosta.te how I cametomakethisinvesti­ their men in shape. Yon can not blame it on these humble men. gation. I sbrted out to investigate and see what the difference The men in authority at the head of the military forces, whether was in pensions between the Regular Army and th-0se volunteers of the Regular Army or of the volunteer service, knew nothing of like service, and the two first tables were sent me because those about the care of men-bad not the least idea of ordinary sanitary regiments served in Cuba at the battle of Santiago, and, if the arrangements-yet they supposed themselves to know so much, gentleman will notice, they are alike. N eithttl" shows any deaths. with their fine military-education, that they could not listen to a. Then I wrote for other regiments coming from farther south. I civilian accustomed to caring for men by the hundreds and thou­ did not name them. There were eight of them, and three of them sands in the manufacturing industries of the country. were not in battle. There were no killed, wounded, and died put And I say to you, gentlemen, do not be surprised-whether the in, and there were no columns of death in either table. I knew gentleman from Tennessee has made a mistake or the gentleman nothing about it only what appeared from the record. from Maryland has made a mistake-they will soon find out their Mr. HEPBURN. The gentleman's explanation has been made. mistake. This is perhaps no place to say that because a man is a Mr. SIMS. I did not know there were any deaths in these other Republican or a Democrat he has not told the truth. I simply regiments. I did not intend to make any statement that was not want to call attention to the fact that this great question will true in every Sense, and I will be glad to correct it, as far as possi­ come up before you year by year; and I say that so long as yon ble, if there is error in it. I got the tables from the Pension Office keep up this war in the Philippine Islands you will simplyJ>ile up and published them as I got them. hundreds and thousands of these pension claims, because these Mr. HEPBURN. Now thatthe gentleman's attention has been men are fighting under the most adverse climatic conditions that called to the matter, I shall expect the gentleman, and his associ­ any army in the world, outside of the British army in Africa, eyer ates will expect him, to correct it here on the floor to remove this fought. condition-- So I say, gentlemen, open your eyes. This question will eon­ Mr. SIMS. I will be glad to do it, if found to be wrong or in­ tinue to come up, and you might as well prepare yourselves to correct. meet it, and when you have hunted up your data be sure that it Mr. HEPBURN (continuing). Of the wonderful disparity be­ is correct. tween the two regiments that he thought justifiedhim in making Mr. GAINES. As I understand, the gentleman was in the vol- that assault upon the Northern soldiery, the assault which the unteer service? gentleman from Massachusetts listened to when it came from his Mr. GREEN of Pennsylvania. Yes, sir. colleague without a word of rebuke-- Mr. GAINES. And had some experience down in Chickamauga? Mr. FITZGERALD of Massachusetts. That is not true, as I Mr. GREEN of Pennsylvania. A very terrible expeJ:ience. have repeatedly told the gentleman. Mr. GAINES. And the gentleman's observations are based Mr. HEPBURN (continuing). And now in a honeyed way tries upon what he saw there? to apologize for and smooth the way without contradiction. Mr. GREEN of Pennsylvania. Yes; upon what I saw there [Applause on the Republican side..] and what I know to be true. Mr. Sms was recognized. Mr. GAINES. What was the cause of the condition of things Mr. GROSVENOR. Mr. Chairman- the gentleman has described? • • The CHAIRMAN. For'whatpurpose does the gentleman from Mr. GREEN of Pennsylv.ania. Because the gentleman who bad Ohio riser charge 9f the United States Army furnished nothing at all to pre­ Mr. GROSVENOR. I did not know that the gentleman from vent the troubles that arose there. Tennessee had been recognized. Mr. GAINES. The superior officers? Mr. SIMS. Mr. Chairman, if the gentleman from Ohio wishes Mr. GREEN of Pennsylvania. From the top of the Adminis­ to speak to this matter, I will yield to him, for I may want to refer tration down they had no conception of how to run an army of to what the gentleman from Ohio says. 250,000 men. Mr. GROSVENOR. I shall only occupy a moment. Mr. GAINES. When they should have had skilled physicians The CHAIRMAN. If the gentleman from Ohio proceeds now, they had horse doctors? it is in the time of the gentleman from Tennessee. Mr. GREEN of Pennsylvai:tia.. Oh, the horse doctor was one of Mr. SIMS. Mr. Chairman, then I withdraw my request. the best men of our force. I will say nothing against him. The CHAIRMAN. Then the Chair will recognize the gentle­ :Mr. GROSVENOR. .Mr. Chairman, the gentleman from Mas­ man from Pennsyl:vania [Mr. GREEN]. sachusetts, with his great zeal in this matter and his gr~at ca, Mr. GREEN of Pennsylvania. Mr. Chairman, the gentleman pacity for searching through the records of the past, has found from Iowa [Mr. HEPBURN] has alluded to the fact that men on a declaration by the author of the civil-service law that some­ this side of the House, after the recent statement of the gentle­ thing was wrong in the Departments. I never heard of it before. man from Tennessee, were silent. He spoke of the fact that this But I stand corrected by the gentleman, and congratulate him was a debate. I never was able to see the opportunity of debat­ that he found that splendid statement. Now, I put up against ing a question in the House of Representatives. Not only is a man that statement of Mr. Pendleton, referring back again to what I limited in time, but he is not recognized unless he specially makes said yesterday-I put up against him the statement of Senator application for recognition, perhaps weeks ahead. Morrill, the statement of Senator Morton, of Indiana; the state­ I simply want to say this: I received from the Commissioner of ment of Mr. Richardson, Secretary of the Treasury; the state­ Pensions a statement that there were 27,000 applications for pen­ ment of Senator Logan, the statement of Senator Hill, the state­ sions from men who had served in the Spanish war; and I was not ment of Senator MORGAN, and all the other gentlemen who par­ surprised at the statement. I say to yon that in five years there ticipated in the debate. A brief statement of what they did say will be a hundred thousand snch applications. And you will find and whether the Departments were in good condition or not ap­ most of them to be honest claims. The situation of the Spanish pears on page 1929 of the CONGRESSIONAL RECORD. I submit that war men has never been understood by you people who stayed upon a clear, overwhelming preponderance of evidence I am right here in Washington. in the statements I made, except that Mr. Pendleton did say what The gentleman from Massachusetts has given yon a bird's-eye I did not think he said. I had a better opinion of him yesterday view of what happened to Massachusetts regiments. I happened than I have to-day. But I honor him, dead or alive. to be in a particularly favored position-not at the front, but in Mr. CUMMINGS. Mr. Chairman, I shall take the time of the readiness to go to the front. I happened to be with the Ninth committee but a minute. The gentleman from Massachusetts Pennsylvania in the fever-strioken camp of Chickamauga. And [Mr. FITZGERALD] inadvertently, without doubt, left out the what was the condition there? In the company I took down name of a New York regiment that participated in the campaign there, in four months 2 men were dead and 36 down with the at Santiago. I need nqt call the attention of this House to the typhoid fever, so sick that they had to be removed from camp. fact that it was Captain Rafferty, of the Seventy-first New York, The total result was that in a regiment of originally l,300 men at who led two companies up the slope and was the first man on the muster out there were 30 dead, 3 of them captains, and one-third · summit of San Juan. If dead heroes are required to testify to the 1880 CONGRESSIONAL RECORD-HOUSE. FEBRUARY. 16,

gallantry of New York troops, look at the grave of Sergt. Nicholas The CHAIRMAN. The gentleman from Maryland has re­ Fish, killed at Quasimas. Fish was the grandson of President peatedly declined to yield. Grant's Secretary of State, and one of the grandest men, physic­ Mr.. SIMS. I wish to reply to something which the gentleman ally and intellectually, that ever came from New York. has said about me. I might also point to the corpse of William Tiffany, whose doc­ Mr. GAINES. Mr. Chairman- tor said that he was starved to death on a Government transport. The CHAIRMAN. Does the gentleman yield to the gentleman Above all else we have a living witness of the gallantry of New from Tennessee? York troops in the person o:t Theodore Roosevelt, leader of the Mr. PEARRE. No, sir; my ti.me is so limited I can not yield. Rough Riders, to-day the governor of that great State, nominated Mr. Chairman, I wiil further call attention to something which and elected because of his pluck, bravery. and endurance in the the gentleman from Massachusetts [Mr. FITZGERALD] may desire Spanish war (applause on the Republican side1, and the only thing to know, and that is that in the troublous times in 1776, when distasteful about him in my estimation is his politics. (Laugh­ Boston was in danger, it was the regiments and the companies ter.] from Maryland, which afterwards distinguished themselves Now, Mr. Chairman, I deem it due to my State to make this throughout the Revolutionary war as the Maryland Line, the statement, so that, neither by indirection nor imputation, any Tenth Legion of the Armies of the United States, the Old Guard stain shall rest upon the gallantry of her soldiers, whether in the of the Continental forces, that marched to the rescue of Boston war of the Revolution, the war of 1812, the war with Mexico. the and saved her from attack. [Applause.] civil war, or the war with Spain. New York has always held her [Here the hammer fell.] place in the line of battle when the interests of the nation were Mr. SIMS. Mr. Chairman, I would not rise here to say any­ threatened. thing had .not my name been mentioned so often and the gentle­ Mr. PEARRE. Mr. Chairman, my court.esy to the gentleman man from Iowa [Mr. HEPBURN] come so near putting me in a from Massachusetts [Mr. FITZGERALD] rather led me to fancy hole. that I might be permitted to interrupt him and ask a question or Now, I want to say this, that in a list of 8 Northern regiments, two and to set myself right about some wrong inferences which to which reference has been made, there is no heading of ''died." he had drawn. I am not responsible for the list. I knew nothing as to the figures, The gentleman endeavored to impugn my motives of hostility only as the list was turned. over to me as sent from the Pension toward the civil-service law by stating that I desired that law re­ Bureau and turned over by me to the Official Reporters exactly as pealed in order that the people from Maryland might come here I received it from the Pension Bureau. Every word of it came and gobble up all the offices, or words to that effect. In reply to from that source. But since looking into this, there is not so much that foul imputation, I suggested that if what was said by a Dem­ -in it after all. ocratic member on this floor a day or two ago, referring to the Now, take these 8 regiments, and there are 3,588 applications gentleman from Tennessee (Mr. SIMS], were true, then there were for pensions, 80 of them for widows, 303 for dependents. Only 383 also some patriots from Massachusetts who were glad to receive of the whole 3,588 could be on account of death, including killed MSistance from the Government. and wounded. Now, there are invalid-pension applications, 3, 175. Mr. FITZGERALD of Massachusetts. Mr. Chairman, the gen­ And inasmuch as so much has been said of the Massachusetts tleman from Maryland said that no Massachusetts soldier had regiment, the Ninth, I want to say about the Second that there ever smelt powder. were killed, 5; wounded, 40; and the applications are only 467; The CHAIRMAN. Does the gentleman from Mai'yland yield that in the First United States Cavalry the killed and wounded to the gentleman from Massacbusetts? are 93," and the applications are only 241. In the Seventy-first Mr. PEARRE. No, I can not yield. New York there were 13 killed, 60 wounded, and their applica­ The CHAIRMAN. The gentleman declines to yield. tions were only 305; but the other five of those regiments-the Mr. FITZGERALD of Massachusetts. I ask the gentleman if District of Columbia, the Ninth Massachusetts, the Thirty-third he did not make that statement? Michigan, the Thirty-fourth Michigan Infantry, and the Eighth The CHAIRMAN. The gentleman declines to yield. Ohio-did not have a single man killed or wounded in those bat­ Mr. PEARRE. I will now read what the gentleman from Ten­ tles; and yet the table will show by investigation that the fewer nessee rMr. Srnsj said, upon which I base my remarks or my re- killed and wounded the greater the number of applications; and ply to the remarks of the gentleman from Massachusetts: · in the Massachusetts regiment the invalid-pension applications In the Ninth Massachusetts Infantry, killed, none; wounded, none; deaths, are 552, and not one of those applications can be from a dead. man. none; missing, none; applications for pensions, 645. They must be from a live man. I cast no imputation upon any soldier from the North or from Now, I will admit thatpossiblyitistrne that it makes aNorlhern the South. If any imputation were cast, it was cast by the gen­ man sicker to face bullets than a Southern man, and in all fair­ tleman from Tennessee [Mr. SIMs], on the other side of this Cham­ ness I ought to say that perhaps regiments north of the Ohio .River ber. going to Cuba in the summer time might be more subject to cli­ Mr. FITZGERALD of Massachusetts. That statement is the matic troubles than regiments from Southern States, which I have statement of the Republican Commissioner of Pensions, who is quoted, but it can not make up for the astounding difference in himself from the State of Tennessee, as the gentleman from Ten­ these applications. Either the soldiers of these Southern regi­ nessee said at the time. ments have not applied in·-proportion to injuries received in the The CHAIRMAN. The gentleman has stated that he declines service or these Northern regiments have applied out of all pro­ to yield. portion to injuries received in the service, because there &re 3,175 Mr. PEARRE. That has been sufficiently replied to by the invalid applications out of 8 regiments, while in the 23 regiments gentleman from Iowa rMr. HEPBURN]. of the Regular Army and 2 batteries the invalid applications are Mr. SIMS. Mr. Chairman-- only 2,403. ., The CHAIRMAN. Does the gentleman from Maryland yield? What is the matter with the soldiers of the Regular Army from Mr. PEARRE. No, sir. the North? Does it not make them sick to go to Cuba in the sum­ The CHAIRMAN. The gentleman declines to yield. mer time? Look at the applications of the 23 Regular Army regi­ Mr. PEARRE. Mr. Chairman, I think after hearing the re­ ments. The applications from the8Northernvolunteerregiments marks of the gentleman from Massachusetts [Mr. FITZGERALD] exceed them all, and in the list of the 23 Regular Army regiments this House was convinced that the center of the intelligence of there is no list of" died" either. But I simply compare the appli­ the universe is Boston. cations of these 8 Northern regiments with the applications from Mr. FITZGERALD of Massachusetts. There is no doubt about the 23 regiments of the Regular Army. You need not refer to that. Southern regiments. You need not make a single calculation. Mr. PEARRE. And that the Athens of the world bas at last You need not go further than to say at once that the applications found a new location. of the volunteer regiments from the North far exceed the appli­ I may also add, Mr. Chairman, that after the pathetic narration cations from the soldiers in the Regular Army, and I must submit of the gentleman's patriotic services at Montauk Point, this House that there is some cause other than mHitary service to account is also convinced that they have an unrecognized hero in the gen­ for it, and I think it is due to education and environment. tleman from l\Iassachusetts. [Laughter,] We see here on Friday nights, and at all other times, that l\Ir. SIMS. Mr. Chairman-- Democrats, Republicans, and Populists from the North are almost 1\Ir. PEARRE. Mr. Chairman, the men who went to war from running over each other in their attempts to show their loyalty Massachusetts or Maryland, whether wounded in the service or and devotion to the cause of pensions and pensioners. disabled in the line of duty, under pension laws passed by the Mr. SHATTUC. May I ask the gentleman a question? Republican party, with no assistance from that side of this House, Mr. SIMS. Certainly. - are entitled to their pensions, if the law so provides. And I call Mr. SHATTO'C. How much time did you take up last Friday the gentleman's attention to the fact that were it not for the pa­ night talking upon a question with no pertinency to the question triotism, fairness, justice, and devotion of the Republican party at issue? to the old ~oldier, the heroes from Massachusetts would, not now Mr. SIMS. You will not ask me to pass on the pertinency of draw pensions and never would. my own remarks? Mr. SIMS. Mr. Chairman-- Mr. SHATT UC. In my opinion, about half the time.

..... 1900. CONGRESSIONAL RECORD-HOUSE. · 1881

The CHAIRMAN. The time of the gentleman has expired. course the difference would be much larger between them ancl Mr. SIMS. I ask for five minutes more. tgose born in the South -in Cuba than in a regiment from the The CHAIRMAN. The gentleman from Tennessee asks for North, and it is not a fair test. five minutes more time. Is there objection? [After a pause.] The gentleman from Tennessee speaks of the Regular Army, The Chair hears none. and the fact that so few applications have been made from that Mr. SIMS. Now, Mr. Chairman, I want to give all justice to force. He forgets that they have been in the service for years, these 8 Northern regiments. I did not call for them by name. and they know how to take care of themselves; and therefore the They were sent to me. I want to get a list of the dead, not killed percentage of disease, perhaps, is not one-half as large in those in battle, and when I get it I will be glad to insert it in my re- regiments as it is in the volunteer regiments. tnarks. I will say in reference to the statement of the gentleman Now, I say it is unfortunate that this question should be raised from Massachusetts that the widows and dependents of these at this time in this country. Mr. Chairman, I am not complain­ N orthern regiments are not knocking at the doors of the Treasury ing of our Southern brethern, but I am going to make this state­ like those who are alive, the invalids. Further, I contend that it ment, that prior to 1878 the copperhead element of the North were will show that my contention on another matter is right, and that too cowardly to sustain the Union and too cowardly to go South on account of the abuse of the pension system, not wrong in itself, and join their Southern brethern. Their record- upon the floor of but on account of its abuse, it costs this country more money this Congress is reeking with bitter, malignant opposition to the to fight a war with volunteers than it does by the Regular Apny, pension laws. including retirement pay and pensions. I am in favor of just Since 1878, Mr. Chairman, there have been 14 great pension pensions, but it is the a'Quse I object to. It will exist in the bills before this House. Some of the bills were for repealing all South as bad as in the North as soon as it has operated there as the limitations on arrears of pensions, increasing war widows' long as it has in the North. I asserted, and as I believe, it is due pensions from $8 to $12 a month, the amputation bill, widows' to education, environment, and surroundings, not that the peo- arrears giving pensions from the death of the husband, disabilities pleoftheNorthare not just as good naturally as the people of toparents,thedependentpensionbill,andsoon. Now,Mr.Chair­ the South. man, the Democratic party on that side of the House cast in favor I am going to say this to this House, and you shall have the ben- of these bills but 417 votes, and in the aggregate they cast against e:fit of it: I have applied for a list, Mr. Chairman, of every volun- it 648 votes. The Republican vote in favor of the bills was 1,066, teer regiment in the Army that served in the war with Spain and and during all these years from 1862 to 1898 not a solitary Repub­ that was calledout bythe Government; fora list of killed, wounded, lican vote has ever been cast against pension bills for the benefit and died, and a list of pension applications; and I assert now that of soldiers who saved this nation. when it comes in it will prove my assertions in the main are abso- Mr. GAINES. Will the gentleman yield? lutely true. Mr. MAHON. No, I can not now; I will afterwards. Lincoln, Mr. GAINES. Will my colleague allow me to ask him a ques- the first great war President, never vetoed a pension bill. Johnson, tion? who followed him, never did; Grant vetoed 5; Hayes, none; Gar- : Mr. SIMS. Certainly. field, none; Arthur, none; Harrison, none; McKinley, none, and Mr. GAINES. You received the tables that you published in your President Cleveland vetoed 560. [Laughter and applause on the RECORD from the Commissioner of Pensions, did you not? the Republican side.] - Mr. SIMS. I certainly did. The CHAIRMAN. The gentleman's time has expired. Mr. GAINES. And you never changed the tables, and they Mr. MAHON. I ask that my time be extended five minutes. appear as you received them, do they not? The CHAIRMAN. The gentleman asks unanimous consent - .Mr. SIMS. I gave the originals in as I got them from the Bu- that his time be extended. Is there objection? [After a ·pause.] reau. The Chair hears none. Mr. GAINES. Then they were not of your making. Mr. GAINES. I want to ask the gentleman if he does not re- - Mr. SIMS. I do not want to do anybody injustice; I want to member that when the pension appropriation bill was brought in help save my own country and my own section of the country here in the Fifty-fifth Congress it was passed in ten minutes with­ from the same trouble which must appear to every thinking mind out a solitary vote against it on either side? afflicts that section of the country that is getting the great bulk Mr. MAHON. Yes; I am coming to that. of pen ions. The taxes have got to be paid, and they are to be Mr. GAINES. Well, you did not mention that. You tried to wrenched out of some people that are not able to support them- give the impression that this side of the House was against all selves; and while I have no objection to granting just and liberal pension bills, which is not the truth. pensions, I think this House ought to rise in its might, have a re- Mr. MAHON. Now, I am saying that the Democratic party of vision of these laws, and stop this abuse, because it looks that we this nation can not point with pride to that record which they are going to.have rumors of wars and wars without end. These have in regard to the care and welfare of the soldiers of the late men come from every section of the country, and I ask you gen- civil war. When the great army came back from the field, when tlemen on the other side to rise in your bravery and help combat the Confederates had laid down their arms, when a great review these abuses and stand by an executive officer when he executes the was had, upon this Capitol was placed a piece of canvas 100 feet law, and not hound him by trying to drive hjm out of a place long and 20 feet wide upon which was written that this nation which he honors, as you are attempting to do now. could never pay the debt that we owed to the veterans of the war Mr. MAHON. Mr. Chairman, I think this is a very unfortu~ who saved the nation. The Republican party has, in season and nate discussion which has been precipitated by the gentleman out of season, tried to keep that pledge. Now, I say it is unfor­ from Tennessee. I hav·e examined these tables. I do not know tunate that when we had got to that point in this Congress dur­ what he asked the Commissioner of Pensions for. That request is ing the last five years where this opposition had passed away that not here. Probably he got exactly what he asked for. I want to this debate should have sprung up, and I hope this will be t.helast. say to the gentleman from Tennessee that if he wants a fair test I say it is unfortunate, when we were all joined as patriotic peo- ~ let him ask the Commissioner for the number of applications for ple, both great sections of this country under one flag, that any pensions on file ior each regiment that served in the war with sectionalism should be raised here in regard to pensions or any Spain. You talk about men dying of wounds-- other great question except a purely political one. Here to-day, Mr. SIMS. That is what I have done. with my approbation, the widow of that great war general,Jack- Mr. MA.HON. Why, does not the gentleman from Tennessee son, is on the pension rolls, and there properly. We find on the know-and perhaps he was a soldier in the late unpleasantness-- pension rolls hundreds of men who served in the Confederate Mr. PEARCE of Missouri. Not much. army, and they were put there by the votes of the Republican Mr. MAHON. That a bullet may strike a young soldier not in party under the law with reference to the Mexican war. I know, a vital part, especially a young man, and that wound will easily as I have stated before, that since I have been in this Congress heal and simply leave a mark, and he wV-1 remain a t;;ound man the men on that side of the House have been generous to the the rest of his life. The history of all wars shows that it is not old soldiers, and especially those who met them on the field of the bullet that leaves the disability that follows a young man from battle, and I trust that after this discussion ceases this is the first his early manhood to the grave. It is the dis.ease from bivouack- and last sectional discussion we shall have in regard to the pen­ ing, camping, and marching, and sl13eping on the snow without sions of the civil war or the Spanish war. shelter, and sleeping without blanket. Why, the gentleman from There are 69,000 men now who carried a gun forty years ago, Massachusetts complained that these soldiers of that regiment did and their cases are still before the Pension Bureau, undecided. not have stoves. Why, the soldiers on both sides would have The Pension Bureau has millions of applications here to-day, and taken spasms if they had run across a fltove in any tent in the it is trying to do the best it can with them. I am opposed to mak­ greatarmies of the late war. You can get from the Pension Office ing any issue of this matter here in debate. If the pension laws what applications have been made and see how many there are are not right, let us coITect them. There are many abuses I and wheretheyserved. Take a regiment of the South that served would like to correct, but it must be done by legislation. The in Camp Alger or at Camp Meade in- my State, and a regiment Spanish-war soldiers should be cared for. It matters not to me from the North that served. in Cuba, not acclimated, and it had whether it is a boy from Mississippi who presents a private a large number of men with fever put into their system; and of 1 pension bill here. If the evidence satisfies me that he was attacked 1882 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, by fever in the South or in Cuba or in any of the Southern general was not there, will go down in history as a very notable camps, I will vote him a pension as willingly as I will a boy from and a most successful battle. Pennsylvania. We will do justice to the Spanish soldier, and do The campaign in Puerto Rico is notable. It was a scientific it without any sectionalism, and when this debate closes I hope campaign. We did not lose many soldiers down there as killed this is the last we shall hear of this matter. or wounded in battle; but it was because we had one of the best Mr. ROBINSON of Indiana. Will the gentleman yield a mo­ generals in the world in command there. And that campaign ment to me? from beginning to end was planned and executed-- Mr. MAHON. Yes. The CHAIRMAN. The time of the gentleman has expired. Mr. ROBINSON of Indiana. Is there any remedy the gentle­ Mr. CLAYTON of New York. I ask two minutes more. man can suggest by which we can avoid the unfortunate condi­ The CHAIRMAN. The gentleman from New York asks unani­ tion of 27,000 claims that have been filed and only400acted upon? mous consent to continue his remarks for two minutes. What would be the gentleman's remedy for that? 1\Ir. GROSVENOR. Five minutes. Mr. MAHON. I want to say this, that I have from my own The CHAIRMAN. Is there objection to the gentleman having State 400 men, applicants for a pension because of the Spanish war, an extension of time for five minutes? and I went to the Pension Office and I found that their cases were There was no objection. • . not completed. It is the same old story. Attorneys take the Mr. CLAYTON of New York. That campaign. in Puerto Rico claims and leave them half finished. All they do is to take theS25 was planned scientifically and executed with the greatest intelli­ when the pension is granted. gence and vigor, exactly as planned. In the first place, the gen­ Mr. CLAYTON of New York was recognized. eral fooled not only the Spaniards, but fooled all the people in this Mr. HEMENWAY. M.r. Chairman, a parliamentary inquiry. country about where he was going to land. While the people I want to ask if there is any amendment pending. were expecting him to land on the north side, he fooled them by The CHAIRMAN. Literally none. The amendment and de­ going on the south side and thus got his landing without any bate are exhausted if the gentleman from Indiana insists on apply­ losses. That general was General Miles-a great man, to whom ing the rule. We have been going on by unanimous consent for we should all feel grateful. the last two hours. Then by every successive movement of our troops toward the Mr. HEMENWAY. We have had two days' general debate on interior the Spaniards were fooled. Every movement on our side this bill, and I think we should proceed with the bill. was a success from beginning to end. It was not because there Mr. GAINES. I ask unanimous consent to address the Honse was nothing to do that there were no losses on our side, but it was for five minutes. because of the superiority of General Miles and General Brooke Mr. HEMENWAY. Mr. Chairman, I ask unanimous consent and General Wilson and General Schwan and General Henry and that.the general discussion on this pa~OTaph continue for twenty other commanders on that island. minutes longer and then we proceed with the bill. Mr. GAINES. May I interrupt the gentleman a moment? The CHAIRMAN. The gentleman from Indiana [Mr. HEMEN­ Mr. CLA. YTON of New York. I yield for a moment. WAY] asks unanimous consent that the debate upon the Civil Mr. GA.INES. Were the people there glad to have your troops Service Commission clause of this bill be limited to the next twenty come? minutes. Is there objection? The Chair hears none. .Mr. CLAYTON ofNewYork. Oh, yes; the Puerto Ricans were; Mr. CLAYTON of New York. Mr. Chairman, I deplore as but there were some 8,000 Spaniards who did not welcome us very much as any man on this floor any invidious comparison between cordially. regiments from different sections of this country. The gentleman 1\fr. GAINES. I said "thepeople;" IdidnotsaytheSpaniards. from Tennessee [Mr. Srns] has, I believe, unintentionally done a 1\Ir. CLAYTON of New York. Oh, yes; I believe the majority great wrong both to the regiments of the Northern section of our of the people were glad to see the Americans take the island, but cotmtry and to the volunteers generally. If the gentleman, after they were not running any chances by taking any active part to he gets further information from the Pension Department, will help either army. There were a few ragamuffins who were ready make a similar comparison between the number of casualties~ in­ to halloo for either the Spaniards or the Americans. cluding all the deaths from sickness, wounds, and other causes, Mr. GAINES. I was asking as to the feeling of the people. with the number of applications for pensions, he will find that Mr. CLAYTON of New York. There has been much exaggera­ there is no material difference whatever in this propo1·tion due to tion on this subject. There were people there who were ready to different localities from which the volunteer regiments were shout for e.ither the Spanish or the American side, according to raised. I know this to be a fact, because I have examined the which ever side might be on top. The conservative, intelligent matter; and I know that the figures all run about the same for part of the population were glad to become Americans. the different sections, when you take into account all the circum­ Mr. GAINES. Did the people at large object to the invasion of stances of the service. The showing was magnificent from all the island by the army of General Miles? I was not asking sections of our common country. whether the Spaniards objected; but my information is that upon Now, Mr. Chairman, this comparison of volunteer troops with the incoming of the army of General Miles, that army received a the Regular Army is fully as misleading as the other which the hearty welcome from the people who wished that the Spanish gentleman has made use of. The regular soldiers are still in the might be exterminated. service. Those of them who are sick are being taken care of by Mr. CLAYTON of New York. Yes, that is true; but they did the Government. The volunteers, though sick and some of them not want to undertake the job. have been in the hospitals and some of them have died as the result We all know that in any country at any time there are two par· of that very sickness, have been mustered out of the service. ties. Of course, when the American Army put down the Spanish, I had the honor in 1898 of commanding a troop of cavalry in there were many people to welcome us; but one defeat would have Puerto .Rico, and i know that as soon as I left the United States turned the current the other way, and many would have joined my sick list began to grow. I lost no man down there, but the the Spaniards to help put us out. All the people never welcomed proportion of Eick men grew very rapidly after we got out into us. Why, there were a great many Puerto Ricans in the Spanish the field. We had no equipments; we could not have any. The army. They called them volunteers. Now, Mr. Chairman, I hope trouble was not due to the incompetence of anybody; it was due that gentlemen in talking .about incompetents will not include all to the necessities of the service. When I brought that troop of the high officers in our service. There may have been a few; but cavalry back, 60 per cent of them were sick, and at least 50 per taking our Army as a whole, it compares favorably with any army cent of them had to go to hospi.tals afterwards or be taken care of in the world. And our soldiers of 1898, though the war was short, by their families at home. Now, the regulars who went down showed themselves, whenever opportunity was given, as worthy there when they came back were taken care of and kept in the descendants of the men who waged the gigantic and terrific war hospitals, while these other men-men of the volunteer service­ of 1861-1865. had to be discharged, sick or well. Mr. Chairman, an attack has been made upon the incompetence APPOINTMENT OF CONFEREES ON THE FIN.ANCIA.L BILL. of our higher officers. I have no defense to make of any incom­ The CHAIRMAN. The committee will rise informally for a petent political appointee. I know there were a great many such. purpose which will be explained. But I do say that our Regular Army, as it stood at the beginning The committee accordingly rose informally; and the Speaker of this war, and a. large majority of our Volunteer Army would having resumed the chair announced as conferees on the bill compare favorably with the army, regular or volunteer, of any H. R. No. 1, Mr. OVERSTREET, Mr. BROSIUS, and Mr. Cox. country in the world. They show up well when compared with The SPEAKER also announced as Speaker pro tempore for the the British. Our people did not make so many mistakes as the evening session Mr. HEPBURN. British army make now in South Africa. The battle of Santiago-I do not say anything about that gen­ LEGISLATIVE, EXECUTIVE, .AND JUDICIAL APPROPRIATION BILL, eral who stayed back behind and was not up when the battle was The Committee of the Whole House on the state of the Un.ion fought-I do say that the subordinate commanders and the sol­ resumed its session, with Mr. SHERMAN in the chair. diers, regular and volunteer, in that battle were the finest in the Mr. CORLISS. Mr. Chairman, I desire again to call public at­ world; and that battle, regardless of the fact that the commanding tention to the civil-service law. My experience is that the only 1900. CONGRESSIONAL RECORD-HOUSE. . 1883 way to correct existing evils and abuses in the public service is to cause I know personally about .it. It illustrates the method in call attention to them. which the Civil Service Commissioners apply the law. I c1o not complain of the original civil-service law when prop­ In my opinion there is another greatevil in connection with this erly interpreted. I do complain of the extensions of that law by matter. We hear it constantly charged on this floor that there PrESident Cleveland and of the abuses of the law under all Ad­ are in this country trusts and organizations of that character. ministrations; and I want to point out one abuse that has been The gregarious instinct of man seems at least to permeate the made apparent to certain members of this House during the last minds of the members on this floor when they are discussing that sixty days. question; but I discover in examining the civil-service law and On the 16th day of December last a report from the Deep Water­ the rules applied by the Civil Service Commission that they re­ way Commission was filed in this House and referred by the serve to themselves absolutely the power to appoint from the Speaker and ordered to be printed. That report was sent to the eligible list. Notwithstanding the fa.ct that men are examined Public Printer. Sixty days have elapsed, and yet, ata hearing of and pass the examination and are put upon the eligible list a.nd the Committee on Rivers anQ. Harbors on day before yesterday, are eligible for appointment, the Civil Service Commissioners re­ that commitree were unable to obtain the information contained serva to themselves the right to select who shali be appointed by in that report because of the incapacity of the Public Printer to the heads of the Departments. I should like to ask the members print a document that in my city could be printed in five days. of this House how they enjoy that part of it? I am told that the failure to print is because the maps accompany­ Mr. CLARK of Missouri. Will the gentleman from Michigan ing the report had to be sent out of the department to be pre­ allow me to ask him a question? pared. If we have a Public Printer who is compelled to send his The CHAIRMAN. Does the gentleman yield? maps to some private institution to have them reproduced, I sub­ .Mr. CORLISS. Certainly. mit that he go West and obtain his printing in houses that can Mr. CLARK of Missouri. What is the reason we can not get a. produce it within a reasonable time. bill in here to repeal or modify the civil-service law? What is I call attention to the fact that the Government Printing Office the use of making speeches about it when we can not get a. vote is not legally under the civil-service law, and that the present At­ on it? . torney-General has given his written opinion that that depart­ Mr. CORLISS. I hope we will have an opportunity to-day; ment was illegally placed within the civil service by the order of and if there is a member on the floor who objects, I am in favor Grover Cleveland. of bringing in a bill that will fix a tenure of office and limit the I believe, from my investigations, that 20 per cent of the em­ power of the Civil Service Commission, and try to reform the ployees in all Departments in the city of Washington are abso­ Departments of our Government. lutely incompetent, are worthless to the public service, are really Mr. CLARK of Missouri. I want to ask one more question. barnacles upon the ship of state, and unless Congress sooner or From the speeches that I have heard delivered here I believe that later remedies this evil the entire law should be and will be re- a majority of the members, even on the Republican side, are op­ posed to this civil-service business as it exists. My friend from 1>0f~~ieve in upholding certain branches of the civil service. I Iowa [Mr. HEPBURN] and the gentleman from Ohio fMr. GROS­ think that the postal service throughout the country, the Railway VENOR] and the rest of them seem to be opposed to tne existing Mail Service, the letter carriers, the postal clerks, and that class condition of things. Now, what is the reason that you can not of employees from which the inefficient ones have been weeded get an opportunity to consider a practical bill here to modify that out, should be upheld and continued; but I call attention to the law? fact that, in itsi>resent form, they are holding life positions, con­ Mr. GROSVENOR. With the permission of the gentleman trary to the spirit of our institutions. No man in this country from Michigan, I will say that I stated on yesterday or the day should hold a life office, save possibly judges of the Supreme before that since 1883 innumerable bills of all sorts for the repeal, Court; and I think it would be better for our country if all of the for the extension, for the enlargement, for the modification, for judges were appointed for a tenure of office. I know some cases the restriction of this law have been introduced here. They have where there would be vacancies if such a law were in existence. gone to the committee, and no bill upon which an amendment I want to call attention to another branch of the civil service, could be placed has ever been reported. and that is the custodian service. I have had a little experience Mr. CLARK of Missouri. We want to get something practi­ in that. I recommended for appointment certain men to be em­ cable. ployed in the custodian service in my city. Among the appointees Mr. CORLISS. That is practicable. was an elevator man, who had run the elevator in the city hall Mr. CLARK of Missouri. No; it is impracticable. The bills go at Detroit, where more people are carried up and down than in to that committee and sleep until the day of judgment. What is any other building in the city. He had been in charge of that the reason that this House can not make that committee report elevator for four years. He was an efficient elevator operator, some bill, eithe1· favorably or unfavorably? with experience. He was put in temporarily, through the cour­ Mr. CORLISS. I think we can, and unless this amendment tesy, I suppose, of the Treasm·y Department, and served for eight which we propof?e can be adopted, I am in favor of adopting a months. He took the civil-service examination, passed, and was resolution ordering that committee to report a bill on this ques­ on the eligible list, and the custodian desired to appoint him per­ tion. manently, but the Civil Service Commissioners objected because Mr. STEELE. Will the gentleman allow me to ask the gentle­ it was discovered in his application that he had stated that he had man from Missouri a question? but one leg, having lost the other in the service of his country.· Mr. CORLISS. Certainly. The CHAIRMAN. The time of the gentleman has expired. Mr. STEELE. You had a Democratic Congress. Why didyov Mr. CORLISS. I ask for five minutes more. not amena this law? The CHAIRMAN. The gentleman asks unanimous consent Mr. CLARK of Missouri. I will tell you. I wasveryyoungitt that his time be ~xtended five minutes. Is there objection? that Democratic Congress and have learned a thing or two as well Mr. ALLEN of Mississippi. I shall have to object unles~ the as you since then, and I may as well state it now. [Laughter.] time is also extended on this side. I hope I am not to be held responsible for very many of the sins The CHAIRMAN. Is there objection to the request of the gen­ committed in that Congress, because I am one of those who helped tleman from Michigan? to overrule the Committee on Rules, the first time it ever was done. There was no objection. Mr. CORLISS. I simply want to say, in conclusion, I do not Mr. CORLISS. I was going to call special attention to this think the law in all its effects should be repealed, but this abuse fact, that the Civil Service Commission put out of office a man should be set aside and the Departments of the Government placed who had lost his leg in the service of his country, a man who was in a condition to properly and economically perform the public perfectly competent to run an elevator, and who had been in service. charge of a public elevator for years. He was certified to be per­ Mr. ALLEN of MississiJ>pi. Mr. Chairman, I ask that the time fectly competent by the custodian in charge of the building, and limit be extended for ten minutes. the Civil Se1·vice Commission put him out simply because he had The CHAIRMAN. The gentleman from Mississippi asks that lost a leg. The Speaker of this House, under the civil-service the time limited fol' debate be extended for ten minutes. Is there laws of om· country, could not become an elevator man. objection? Mr. GROSVENOR. Could he pass the examination? Mr. GAINES. I amend that by saying fifteen minutes. Mr. CORLISS. He could pass the examination, and the man to The CHAIR.MAN. Is there objection to the request of the gen­ whom I refer did pass the examination; but in his application he tleman from Tennessee? The Chair hears none. had to state whether he had two legs or not, and had lost one of Mr. HEM.ENW A Y. I object. The gentleman from Mississippi them. He was perfectly competent to run an elevator, and yet only wants ten minutes. under a rule of the Civil Service Commission he was compelled to The CHAIRMAN. Objection is made. Is there objection to leave his position for the reason stated. the request of the gentleman from Mississippi? Now, I submit that it is not right, anditis not legal, thatthe em­ Mr. GAINES. :Mr. Chairman, you declared the motion carried ployees under the custodian of a public building should be under before the gentleman rose frQm his seat or said a word. the civil-service law, and I call special attention to that case be- The CHAIRMAN. If the gentleman from Indiana rose for the 1884 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, purpose of objecting, his objection would.be admitted although a over him places himself, it seems to me, in a very unjustifiable moment late. position. Mr. GAINES. Do you object to extending the time for fifteen But the gentleman from Ohio [Mr. G!':.8SV"E~OR] comes to the minutes? rescue and charges this condition of things to the civil-service law, Mr. HEMENWAY. I will state to the gentleman from Ten- and then he proceeds to berate the law and the commission. He nessee that the gentleman from Mississippi only wan ts ten minutes. admits that, as a member of the St. Louis convention, that nomi­ Mr. GAINES. I want five minutes. nated the head of the present Administration, he voted for the Mr. HEMENWAY. You may ask it afterwards. platform, one of the planks of which was that the ci vii-service law The CHAIRMAN. The Chair will again put the proposition should be maintained and its provisions extended. He is the chief of the gentleman from Tennessee, that the time limit for debate spokesman of the Administration on this floor; and while admit­ be extended fifteen minutes. Is there objection? ting that the President, both in his letter of acceptance and his Mr. SHATTUC. I object. inaugural address, pledged himself to the faithful execution of The CHAIRMAN. Objection is made. Is there objection to the civil-service law and the extension of its provisions, I believe the req_nest of the gentleman from Mississippi that the time limit no one pretends now that this promise of the Republican party be extended for ten minutes? [After a pause.] The Chair hears and the Administration has been kept. I am not the champion of none. the civil-service law or the coin.mission on this floor; but I am not Mr. ALLEN of Mississippi. Mr. Chairman, I had not thought disposed to sit here and hear either wrongfully accused when the of speaking on this bill, but am prompted to do so now by state­ guilty parties can be easily ascertained. I deny that the civil­ ments that have been made about our civii service. The gentle­ service law or rules are responsible for the evil under discussion. man from Indiana in charge of this bill told us the other day of The rules promulgated by the Civil Service Commission, under the great number of incompetent clerks and employees in the the direction of the President in 1896, if enforced by the heads of various Departments here. He read a letter from an Auditor of Departments, would remedy itself the very evils of which the the Treasury, stating that there were a number of clerks in his Departments complain and would do it in a way that importunate department who were so low in proficiency that they should be Senators and Representatives could not prevent. Rule 11 of the dropped from the service. We have heard much of this before, Civil Service Commission provides that a record shall be kept of and all of us know that this undesirable condition of things exists. the quantity and quality of work performed by the clerical force We all know that nearly all the Departments here are loaded in the Departments, and that all promotions shall be made on the down with deadwood, and that they could do their work with a merits of the clerk as shown by an examination of this record, and less force if that force were efficient. And the heads of Depart­ it further provides that whenever an examination of the record ments are constantly coming to Congress and asking for an in­ of any clerk discloses the fact he has fallen below 70 in the quan­ crease of their force because of the inefficiency of the clerical tity and quality of his work that he is to be dropped from the force already employed. While there is no law creating a. civil service. pension list for these people, yet the Government is, by its prac­ Gentlemen have said that there should be some law to correct tice, pensioning them by paying them for work they are unable to the abuse about which we have been talking. Here is the law perform. I for one am opposed to the extension of the civil pen­ already in existence that would correct the abuse if the Depart­ sion list. ments would enforce it, and would rid the Government service of I am aware that when these people in the Government service every incompetent or incapacitated clerk in the Departments. grow old and become incapacitated for the work they are em­ But one Department of the Government bas enforced this rule, ployed to perform they excite our sympathy, as all old and needy and in that Department the results have been entirely satisfactory. people do. Yet all the other Departments a1·e controlled by appointees of this But I know of no good reason why the people who have not had pretended civil-service-reform Administration. They are under the benefits of Government employment should be taxed to support the control of the President, who has made so many pledges of bis in their old age those who were fortunate enough to get Govern­ devotion to the civil-service law. As a member of this House I ment positions when they were younger. You sometimes hear it protest against the Departments complaining about this condition said by those who advocate their retention and who advocate a of things and then try to throw the responsibility off on Repre­ civil pension that they have grown old in the service of thE' Gov­ sentatives and Senators, when the whole trouble comes from their ernment. While this is true, they have served the Government in failure to comply with the law; and I protest against the gentle­ positions they sought on salaries generally larger than are paid to man from Ohio trying to shift the blame from the shoulders of those who do like service in the private walks of life. his Administration onto the civil-service law and the Civil Service Take the man who, instead of being able to secure a Government Commission. job, settles upon a farm and engages in agricultural pursuits. He I am told there have been more than 1,100 reinstatements by makes a good citizen, pays his taxes, helps raise the products that this Administration of persons who had been dropped from the feed and clothe our people at home and that go abroad to give us civil service. our great balance of trade, which makes our country rich and pros­ Now, I am informed that the average age of these people who perous. He raises manly sons who help fight our battles, and have been reinstated is over 60 years. The trouble mainly com­ daughters who go largely to make up our splendid womanhood. plained of is that the employees are too old to do the work. He and his class are as essential to the welfare and prosperity of They are paid their salaries and Congress asked to appropriate the country as any Government employee. When be grows old money to employ others to do the work; yet, in the face of this and incapacitated for work no one thinks of suggesting that the well-known fact, this Administration has reinstated more than Government should pension him on a good salary. Then, with 1,100 persons, whose average age is more than 60. What sort of what sort of justice can it be claimed that he should be taxed to a record is this for an Administration that went in with such fair pay salaries to those who appeared to be more fortunate and se­ promises? emed Government positions at good salaries when they were I will not go into a discussion of the thousands of places that younger after they have grown old and become incapacitated to have been taken out from the operation of the civil-service rules fill those positions? By the retention of these incapacitated clerks by this Administration, nor do I believe in partisan and unfair we are indirectly pensioning them at large salaries. I am opposed criticism of all the acts of an Administration of the opposing to either directly or indirectly extending these civil pensions; and party. But it does seem to me if there ever was an Administra­ if I had my way I would knock out all civil pensions now recog­ tion convicted on its own showing of broken promises and bad nized by law. faith this one is in its dealing with the civil service. It is conceded by all who have spoken on this subject that it is a I believe the President is at heart a believer in the civil-service wrong that should be righted. But there seems to be some diver­ law. I think he thought he meant what he said when he prom­ sity of opinion as to who is responsible for this condition of things ised to execute and extend it; but the only way I can account for and how it should be righted. As representatives of the people it bis failure to see that it was done is that he has not been strong is our duty to see that the employees of the Government who are enough to resist the pressure of the spoilsmen of his party. I unfitted for service should not be borne upon the rolls for salaries. have thought it due, Mr. Chairman, that this statement should be The heads of the Departments claim that when they attempt to made, lest the country might be misled by some of the speeches discharge one of these superannuated or incapacitated clerks that here as to where the true responsibility rests for an unpardonable Senators and Representatives come and insist that they should be condition of things. retained, and by their importunities prevent the Department offi­ The CHAIRMAN. The time of the gentleman from Mississippi cials from doing their duty. has expired. This, if true, is a reflection on the heads of the Departments Mr. CANNON. Mr. Chairman-- and Senators and Representatives both. No Senator or Repre­ The CHAIRMAN. Does the gentleman from Illinois ask unani­ sentative shouid insist that an incompetent person should be re­ mous consent? tained in the service, and no head of the Department should yield Mr. CANNON. No, Mr. Chairman; I think five minutes will to any such pres~ure when it is brought to bear. The official suffice. who justifies his own wrongdoing, or the failure to do his duty, The CHAIRMAN. The committee has already limited the time by claiming that he was influenced by those who have no power of debate on this paragraph. 1900. · CONGRESSIONAL RECORD-HOUSE. 1885

Mr. CANNON. Then I will not take any time, Mr. Chairman. side, not by the gentleman from Pennsylvania, but, I think, by the The CHAIRMAN. Without objection, then, the informal gentleman from Maryland. amendment will be withdrawn, and the Clerk will proceed with The Democratic party had no power to place anything on the the reading of the bill. . statute books; and when by the will of the people they came on The Clerk proceeded with the reading of the bill. this floor, the pension laws were already there, placed there by the Mr. ·HEPBURN. Mr. Chairman, I thought the Clerk was still Republican party; and for all that is good in them I take off my reading on some page earlier than page 28. I have been waiting hat to the Republican party, and honor it for giving us thosepro­ here until the Civil Service Commission paragraph should be visions. But when gentlemen assail the Democratic party as a. reached with a view of offering an amendment. Have we passed body that has ever been hostile to the pension laws and to pen­ that? sioners, I deny it. I want to call attention to the fact that it is The CHAIRMAN. Yes; wehavepassed that and have reached not the Democratic party nor Democrats who are appearing be­ page 31. fore the Committee on Invalid P ensions and assailing the pro­ Mr. HEPBURN. Then I ask unanimous consent that we return visions of the pension laws in such bitter terms as almost to make to page 28 for the purpose of offering an amendment. one shudder at the details of outrages being committed. Who Mr. LIVINGSTON. Will the gentleman indicate what the are the gentlemen that come before us? Is Corporal Tanner a amendment js before we consent? Democrat? Is General Shaw a Democrat? Is Gen. Dan Sickles, Mr. HEPBURN. I think it is an amendment that will be ger­ who occupied yesterday the seat where I am now standing,· a mane. Democrat? They arraigned those pension laws and the adminis­ Mr. LIVINGSTON. Then I have no objection. tration of the pension system more bitterly than any Democrat on Mr. MOODY of Massachusetts. Mr. Chairman, I would request the floor of this House. the gentleman from Iowa to withhold his request until my col­ Why, sir, looking a~ my colleague across the way, let me say league [Mr. GILLETT of MassachusettS], the chairman of the Com­ that I have h eard him all over Ohio declaring on the stump, where mittee on Civil Service Reform, comes back to the Chamber. He he could be heard by the people in the excitement of a political has been here expecting the amendment, but has gone to luncheon. campaign, that it was the Republican party alone that was the Mr. HEPBURN. I will withhold it. friend of the soldier and was maintaining his rights. The CHAIRMAN. The Chair desires to state that by some in­ Now, gentlemen, you stand here a majority on this floor. I advertence the debate on the Civil Service Commission provision challenge you to the record. Remedy the evils that have been was begun before that provision was, in faot, read, and as a mat­ complained of, not by Democrats, but by your own illustrious ter of fact it never has been read. At the close of the debate, it men who wore the shoulder straps and fought in thefront. Obey having been limited by unanimous consent, the next paragraph the appeals of the Grand Army of the Republic. Remedy the was begun without having read the paragraph relating to the evils that now exist. Civil Service· Commission. That being so, there is no doubt but When I look to the gentleman from Tennessee [Mr. Sms] I ex­ that the gentleman from Iowa can demand the Clerk to return to pect nothing. Why? Honoring him as I do, yet I have never that paragraph and now read it, unless it be understood by unani­ seen him let an opportunity or an occasion go by without assail­ mous consent that when the gentleman from Massachusetts [Mr. ing, with all the vigor and vengeance of his power, the pension GILLETT] returns to the Chamber the Clerk will then return to laws. that paragraph. That will be done if there be no objection. The CHAIRMAN. The gentleman's time has expired. [After a pause.] The Chair hears no objection. · Mr. NORTON Of Ohio. I ask unanimous consent to continue "MESSA.GE FROM THE SENA.TE. for a few minutes longer. I have not had much time on this subject. · The committee· informally rose; and Mr. DALZELL having taken the chair as Speaker pro tempore, a message from the Senate, by The CHAIRMAN. Isthereobjection to the gentleman occupy­ Mr. PLA.TT, one of its clerks, announced that the Senate had in­ ing"'five minutes additional? Mr. HEMENWAY. I serve notice that when thesefi.veminutes sisted upon its amendments to the bill (H. R. 1) to define and fix have been occupied, I shall object to any further discussion t}lat is the standard of value, to maintain the pru:ity of all forms of money not germane to this bill. issued or coined by~ the United States, and for other purposes, dis­ agreed to by the House of RepresentativeR, had agreed to the con­ The CHAIRMAN. The Chair hears no objection to the request ference asked by the House on the disagreeing votes of the two of the gentleman from Ohio. Houses thereon, and had appointed Mr. ALDRICH, Mr. ALLISON, Mr. NORTON of Ohio. Now, Mr. Chairman, in response to and Mr. JONES of Arkansas as the conferees on the part of the the gentleman from Tennessee, let me say I am not here to de­ Senate. fend the soldiers of the late war. A distinguished general who The message also announced that the Senate had passed without was in command of one of the regiments from Ohio in the Spanish-American war was upon the floor when the statement of ~mendment the bill (H. R. 6267) to amend an a-ct entitled "An act to amend an act to suspend the operation of certain provisions of the gentleman from Tennessee was made. It was for him to re­ law relating to the War Department, and for other purposes." ply. General DrcK might have taken up· this defense. But I am here to defend the men who fought under General DICK, if he· LEGISLATIVE, EXECUTIVE, A.ND JUDICIAL A.PPROPRIATION BILL, speaks no word for them·. I say that the homes in Ohio of the The committee resumed its session. men who made up that regiment are to-day virtually hospitals of The Clerk, proceeding with the reading of the bill, read as fo11ows: the boys who returned from the military service in the Army of TREASURY DEPARTMENT. the Union. · Office of the Secretary: For compensation of the Secretary of the Treas­ I have no patience with any man who has not cha1·ity, gener­ ury, $8,000; three Assistant Secretaries of the Treasury, at $4,500 each; clerk osity, patriotism enough in his soul to do something, if nothing to the Secretary, t2.250; stenographer, $1.800; three private secretaries, one to each Assistant Secretary, at $1,800 each; Government actuary, under con­ but a kind word, for the men who defend the flag in the hour of trol of the Treasury, $1,800; one clerk of class 3; one clerk of class 2; two my country's peril. [Applause.] clerks of class l; one clerk, $1,000; four messengers;- three assistant mes­ You glorify the South. So do I. Her people are taking care of sengers, and one laborer; in all, $45,3.'30. their disabled soldiers and ai:e doing it out of their own means­ Mr. NORTON of Ohio. Mr. Chairman, I move to strike out out of their hard-earned dollars. But, sir, you are getting tired the last word. Mr. Chairman, it is more in sorrow than in anger ?f that;_ for be~or~ the Committee on Invalid Pensions to-day there that I rise to-day to reply to a few of the insinuations, innuendoes, IS pending a bill introduced by the gentleman from Texas asking and assaults made upon men who a1·e not upon this floor to defend the removal of the restrictions on account of service in the Con­ themselves. I make no excuse for those on this side of the House, federate army, in order that those who afterwards served in the neither do I de!:lire to cast any reflection upon that side, but I do Federal Army in the war of 1861to1865and the Spanish-American say fearlessly here to-day that the most that has been said, I war may get upon the pension roll of the Government. From the might say many things that have been said, are absolutely unnec­ State of the gentleman from Tennessee more names are being essary to be expressed upon this floor; and I regret that men who presented for the pension list by the distinguished gentleman from wore the blue on that side, men who have reached distinction in that State [Mr. GmsoN] than by almost any man in the entire the war of 1861-1865, men who participated in those bloody days, North. Read your record of the Pension Department and say find it necessary now in attempting to do something here for the whether you will assail the honor and courage and patriotism of maimed and crippled should see fit to assault the Democratic the·Northern soldier. Do you say that it makes him more sick t-0 party. face bullets than it does the men of the South? I hnrl that back. It has been charged here that the Democratic party has never Mr. SIMS. I did not say that. placed a line on the statute books looking to bettering the condi­ Mr. NORTON of Ohio. I understood that to be your language. tions under the pension laws of the soldiers of 1861-1865. How If it was not, I will take back my statement. unfair that statement is! Gentlemen here know that every line Mr. SIMS. I said that" maybe it made them sicker." of those laws that has been placed on the statute books-- Mr. NORTON of Ohio. "Maybe!" Yourpeopleoughttoknow Mr. MAHON. Does the gentleman refertoanystatementmade that at Stone River, Shiloh, and all along the line we left the rec­ by me? ord of the Northern soldier. It stands side by side with yours. Mr. NORTON of Ohio~ I refer to a statement made on that I honor both the blue and the gray. May my tongue falter and 1886 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, my lips tremble when I assail the patriotism and courage of any Now, no man has greater regard for the true and brave soldier Southern soldier that ever fought in the fi'0ld. But I deny your than I have, and no man's heart goes out more than does mine right to come here with statements fortified either by H. Clay toward our brave boys who have gone to Cuba and Manila; but Evans or yourself in order to cast an aspersion upon my comrades. we must recollect another fact, that the people at home who have Go look at the records yon have brought here. I hold you blame­ these enormous expenditures to pay are as much entitled to con­ less upon the statement you made that the Commissioner of Pen­ sideration as the soldier or his family. You must recollect that sions gave you this list. If he did, and if he did so knowing its the people must raise provisions, must furnish money to buy arms character, then he ought to be dismissed from his office this day and ammunition, and to feed and clothe these soldiers, and when and this hour. we come to consider a pension proposition we should consider it Take the record-in 8 Northern regiments 17 claims for disease as a business proposition, and while we consider the bravery of contracted in the service to 1 where the soldier had been killed the soldier, we should not, at the same time, lose sight of the or wounded. Take 8 Southern regiments, where there were 761 people at home who are the taxpayers, who must foot the bills claims on account of disease to 1 where the soldier had been killed which are being piled up here in an enormous way. These pen­ or wounded. sion propositions should be investigated as are other propositions. Mr. Chairman, civil service! Yes, I am looking across this lam glad that the gentleman from Tennessee [Mr. SIMS] had aisle now. You cry out against us for what puTpose? To make the courage to stand up here and make the speech that he did the the people believe in the Republican districts of Ohio that you day before yesterday. There is a great deal of information in it, want to repeal that law for the purpose of giving out more offices. and the Commissioner of Pensions deserves credit for giving it, If it is true that yon want to do it, yon can do so. But you know instead of being removed, as some claim. He has opened the eyes that the pathway between the Executive Mansion and this build­ of members on both sides of this House. I am glad he put that ing will be hot when you dare to attempt it. And I make this information before us, notwithstanding it bas displeased Peter proposition now, that no such thing will be, no such thing dare the Grtfat and some othe1·s. I want to say that we should take it be, in this Republican House. If it shall come, I will vote with upand useit and consider it in the light in which it was intended. you, because I look upon it as an arrant humbug, only exceeded His investigation is an able one and has thrown great light upon in its monstrosity by the humbugs who pretend to want t-0 get the subject, and I stand here to defend the gentleman upon whom rid of that law when they know they dare not. [Applause.] assaults are being heaped, and, while he is able to take care of [Here the hammer fell.] himself, I think it is an injustice for everybody on that side and The Clerk read as follows: gentlemen on this side to jump upon the gentleman from Tennes­ Office of chief clerk and superintendent: For chief clerk, including $300 as see. He has given yon nuts that you will never crack; he has supe1•inliendent of Treasury building, $3,000; assistant superintendent of asked yon questions that you can not answer, and instead you hur1 Treasury building. $2,500; inspector of electric-light plants, gas, and fixtures for all public buildings unde1• control of the Treasury Department, $1,900; 4 epithets at him. Let us take his speech and consider it, and I clerks of class 4; additional to 1 clerk of class 4, as bookkeeper, $lil0; 2 clerks hope it will do some good in stopping the greyhound speed which of class 3; 3 clerks of class 2; 4 clerks of clat:s 1 (1 as librarian); 1 clerk, $1,000; some of yon pension grabbers want to make in giving pensions to 1 messen~er; 2 assistant messen~ers; storekeeper, $1,200;_ telegraph operator, soldiers and even to some who never shouldered a gun or smelled $1,200; chief engineer, $1,400; asSIStant engineer, $1,000; ~assistant engineers, at $720 each; 6 elevator conductors, at $72U each; 3 firemen; 5 firemen, at $660 gunpowder. each; coal passer, $500; locksmith, $1,200; captam of the watch, $1,400; 2 lieu­ The Clerk read as follows: tenants of the watch, at $900 each; 58 watchmen; 6 special watchmen, at $720 each; foreman of laborers, $1,000; skilled laborer, male, $840; 3 skilled labor­ Division of bookkeeping and warrants: For chief of division, $3,500; assist­ ers, male, at $720 each; 26 laborers; 10 la.borers, at S5()0 each; laborer, $480; 2 ant chief of division, $2 4-00; estimate and digest clerk, $2,21>0; 2 principal laborers,at$360each; 90 charwomen; foreman of cabinet shop, $1,500; dI·afts­ bookkeepers, at $2,100 each; 10 bookkeepers1 a.t 52,000 each; 11 clerks of clasi:r 4; ~. $1,200; 11 cabinetmakers, at $1,000 each; cabinetmaker, $720; carpenter, 4 clerks of class 3; 2 clerks of class 2~ 3 clerKB of class l; 1messenger;1 assist­ Sl,uw; carpenter's helper, $660. For the Winder Building: Engineer, $1,000; ant messenger; and! laborer; in all, $67,170. 8 firemen; conductor of elevator, $720; 4 watchmen; 3 la.borers, 1 of whom, when necessary, shall assist and relieve the conductor of the elevator; la­ .Mr. HEPBURN. Now, Mr. Chairman-, I ask that we return to borer, $480; and 6 charwomen. For the Cox Building, 1709 New York avenue: page 28, the Civil Service Commission. Three watchmen-firemen, at 720 ea.ch; and one laborer; in all, $175,700. The CHAffiMAN (Mr. PAYNE). The Chair understands that Mr. FITZGERALD of Massachusetts. Mr. Chairman, I move it waB agreed to return to that paragraph. The Clerk will read to strike out the last word. the paragraph, which the Chair understands has not been read. The CHAIRMAN. The gentleman from Massachusetts [Mr. The Clerk read as follows: - FITZGERALD] is recognized on the pro forma amendment. CIVIL SERVICE COMMISSION. [Mr. FITZGERALD of Massachusetts addressed the c9mmittee. FOT" 3 Commissioners, at $3,500 each; chief examiner, $3,000; secretary, $2,000; 8 clerks of class 4; 10 clerks of class 3; 13 clerks of class 2; 15 clerks of See Appendix.] class l; 3 clerks, at "l,000 each; 2 clerks, at $900 each; 1 messenger; 2 laborers; engineer, $840; 2 watchmen; in all, 1,340. _ The CHAIRMAN (Mr. PAYNE). The gentleman from Massa­ For necessary traveling expenses, including those of examiners acting un­ chusetts asks unanimous consent that he may be allowed five der the direction of the Commission, and for expenses of examinations and minutes more. Is there objection? investigations held elsewhere than at Washington, $7,000. Mr. HEMENWAY. Mr. Chairman, in order that we may pro­ Mr. HEPBURN. I offer the following amendment as an addi- ceed with the consideration of the bill, I shall have to object to tion to the paragraph. any further extensions of time. The Clerk read as follows: The CHAIRMAN. Objection is made. The Clerk will read. Insert after line 2, page 29: The Clerk read as follows: •·That the term of service of all clerks., messengers, watchmen, skilled Office of Auditor for War Department: For Auditor, $4,000; Deputy Audi­ laborers, laborers, assistant messengers, and all other employees now em­ tor, $2,500j law clerk, $2,000; 6 chiefs of division, at $2,000 each; 16 clerks of ployed in or by any of the Departments shall terminate as follows: class 4; aaditional to 1 clerk aa disbursing clerk, $200; 42 clerks of class 3; M "One-fourth on the 30th day of June, 1900. · clerks of class 2; 54 clerks of class 1; 10 clerks, at $1,000 each; Ci clerks, at $900 "One-fourth on the 30th day of June, 190L each; skilled laborer, SOOO; 3 clerks, at $84-0 each; 1 messenger; 3 assistant "One·fourth on the 30th day of June, 1902. messengers; and 8 laborers; in all, $297~300. "One-fourth on the 30th day of June, 1903. "For the purpose of carrying out the above provi.sfon the head of each Mr. TALBERT. I move to strike out the last word. Department shall divide the above-named clerk:S and employees into four l\Ir. HEMENWAY. I understand there is already an amend­ . classes;and shall designate the persons whose terms of service shall expire ment pending to strike out the last word. in each of the above-named years: Provided, That any person whose term of service is above limited, having the proper qualifications, may be reap-­ The CHAIRMAN. The Chair will recognize the gentleman pointed by the head of the Department for a~J;>eriod of four years, which from South Carolina in opposition to the pro forma amendment. period shall thereafter be the term for which all clerka and other employees Mr. TALBERT. Mr. Chairman, I want to say that it is a shall be appointed unless sooner discharged for cause, to be determined by strange statement to be made upon this floor that the head of a the head of the Department." department should be relieved of his position and discharged be­ Mr. LIVINGSTON. I ask the gentleman if he intends that to cause, forsooth, he has seen proper to send information here to this apply to all the Departments? House in regard to the department over which he is placed. It Mr. GILLETT of Massachusetts. I make the point of order seems to me that it is the duty of the heads of Departments to send that the amendment changes existing law. snch information here as will enlighten members upon questions .l\Ir. HEPBURN. I hope the gentleman will not make that relating to their several Departments, and it seems to me to be a point of order. strange thing that members here exhibit so much temper and so Mr. GILLETT of Massachusetts. I will reserve the point of much feeling whenever they strike the subject of pensions. It order. semns to me that whenever you mention the word "pensions,,. Mr. HEPBURN. I donotwanttosimplydiscusstheparagraph. they want to raise such a fuss as to drown out all attempts to M.r. LIVINGSTON. Then I wm repeat my question. throw on the light in regard to the granting of pensions in the Mr. HEPBURN. I will ask the gentleman to reserve the point Department as well as here upon the floor of the Honse. · of order, so that it may be discussed. Now, it seems to me that we ought to have arrived at a stage Mr. GILLETT of Massachusetts. Certainly. where we can stand up and discuss pep.sions as we do other propo­ Mr. HEPBURN. I think it is fair and right that this House sitions, in a. dispassionate manner and as a business proposition, should have an opportunity in some way, at some time, to vote without boiling over and heating up in such a manner. upon a question like this. Heretofore through the legerdemain 1900. CONGRESSIONAL RECORD-HOUSEo 1887

of rules, through the stifling ·powers of committees, this House The Clerk read as follows: has never yet been permitted a square vote upon this question. Strike out a.11 after line 13, page 28, down to and including line 2, on page When the people were demanding with almost unanimous voice 29, being the provision in regard to the Civil Service Commission. an abolition of the civil-service law. at no time have the commit­ Mr. MUDD. Mr. Chairman-- tee dared to let the people's representatives vote upon this ques­ The CHAIRMAN. Debate on this proposition is exhausted by tion. There has not been a time, in my judgment, in the last five order of the committee. years that if the proposition could have come before us that we Mr. MUDD. I understood that we came back to this section. could not have settled this question by some kind of proper change The CHAIRMAN. The section was considered aJ.ld debate was or amendment that would give us a proper civil service. limited by order of the committee, and debate has been exhausted. Mr. LIVINGSTON. I will repeat myquestion. Does the gen­ Mr. HEPBURN. That was not the understanding of the com­ tleman mean his amendment to cover all the Departments? mittee, l\Ir. Chairman. I for one did not understand that. I had Mr. HEPBURN. All the Departments. my amendment here and I wanted to make some observations upon Mr. LIVINGSTON. Then you will have to change your amend­ the proposition. ment, because you have mentioned none except the Civil Service Mr. FITZGERALD of Massachusetts. I think the gentleman Bureau. from Iowa did make some observations. Mr. WHEELER of Kentucky. Do I understand that the heads The CHAIRMAN. The gentleman from Iowa made some re­ of the Deparments are to designate such clerks as they desire to marks by unanimous consent. Whatever may have been the retire? understanding, that was the orderof the committee, but of course Mr. HEPBURN. The amendment simply provides that the it may be modified. ~ clerks and employees are to be divided 1nto-four classes by each Mr. MUDD. Mr. Chairman, I ask unanimous consent to be head of the Department in his particular Department, and that he heard five minutes. is to determine what force shall cease their official connection with Mr.FITZGERALD ofMassa.chusetts. Mr. Chairman, !reserve the Government on the last day of this fiscal year, what force the point of order against the amendment. shall cease their connection with it on the last day of the next Mr. RICHARDSON. If the gentleman from Maryland [1\fr. fiscal year, and so on until all are out. Mu DDl will add to his request five minutes on this side in which Mr. WHEELER of Kentucky• .Does not the gentleman think to repfy, we wm have no objection. that it would be fairer if it were called a speedymethodof ridding The CHAIRMAN. Does the gentleman from Maryland modify the Department.s of Democrats? his request so as to ask that five minutes be allowed to each side? Mr. HEPBURN. It is possible, in view, perhaps, of the next Mr. HEMENWAY. Mr. Chairman, I shall have to object, for election, that a great many of them will go [laughterJ; but I take it that means a civil-service discussion·here of-we do not know how they will only because they were not fit for reappointment. There long. ought to be some settlement of the official term of these men. We The CHAIRMAN. The gentleman from Indianaobjects. Does have sought to secure a term of service for all of the employees. the gentleman from Massachusetts make the point of order? Mr. WHEELER of Kentucky. I will vote to abolish the civil­ Mr. FITZGERALD of Massachusett.s. I raise a point of order service law if you will give me an opportunity to do it, and I against the amendment, Mr. Chairman. know a number on this side will do so if an opportunity for ·such The CHAIRMAN. What point of order does the gentleman a vote is offered. raise? Mr. HEPBURN. I will join you in that. Mr. FITZGERALD of Massachusetts. It is against existing Mr. WHEELER of Kentucky. Why not move to strike the law. paragraph out? The CHAIRMAN. There is no doubt but that the committee Mr. HEPBURN. Because it would only be a.n expression of can strike out a. paragraph appropriating under existing law. the opinion of this House. Suppose we do not make a.n appro­ ~fr. MUDD. Then I move to strike out the last word. priation for a person in office. He could go to the Court of Claims The CHAIRMAN. That can not be done. The Chair over­ and secure his judgment, and we have got to pay him. rules the point of order raised by the gentleman from Massachu­ Mr. RICHARDSON. I doubt that. setts [.Mr. FITZGERALD]. The question is on agreeing to the Mr. HEPBURN. We could not effect anything merely by the amendment offered by the gentleman from Maryland [Mr. MUDD]. striking out of the provision for the commission. It would be Mr. HEPBURN. Mr. Chairman, I ask unanimous consent that simply an expression of our opinion. I am willing to have the any order that may have been made by the committee be rescinded gentleman move to strike it out, but it will not be effective other so far·as this section is concerned. I think that is op.ly fair. than as an expression of the opinion of the House. The CHAffiMAN. The gentleman from Iowa asks unanimous Mr. RICHARDSON. Will the gentleman allow me to ask him consent that the order limiting debate on this section be rescinded. a question? Mr. FITZGERALD of .Massachusetts. I object. Mr. HEPBURN. Certainly. Mr. CORLISS. Mr. Chairman, I ask that the amendment be Mr. RICHARDSON. Now, your party has the Presidency, has again read. the Senate, has the House of Representatives, and has the Com­ The amendment was again read. mittee on Rules. What is in the way of bringing your bill here The CHAIRMAN. The question is on agreeing to the amend­ repealing the civil-service law? ment offered by the gentleman from Maryland. Mr. HEPBURN. Yet when your party was charged with the The question was taken; and on a division (demanded by Mr. responsibility, they not only refused to do .that, but their Presi MUDD) there we1·e 49 in the affirmative and 48 in the negative. dent went on and covered with the blanket of civil-service protec­ Mr. CANNON. I demand tellers, Mr. Chairman. tion 80,000 employees. Tellers were ordered. Mr. RICHARDSON. I hope my friend will not charge us with The question was again taken; and the tellers reported 68 in the that. fLaughter. l - affi.rm~tive and 66 in the negative. Mr. HEPBURN". And yet you do not dare, when you have the So the amendment was agreed to. I power and responsibility, to repeal the law. The question of the Mr. CANNON. Mr. Chairman, in justice to the committee, I gentleman from Tennessee is not answered by me, but I will sub­ want to give noticenow, so that gentlemen may understand, that mit to him that the reasons that have animated him to retain the when this bill is 1·eported to the House and this amendment comes service when his party had the power to abolish it are probably up for approval there will be asked a separate vote in the House the reasons that control gentlemen on this side to the same action upon it. when they have the same power. If he will analyze his own The Clerk read as follows: feelings, ·and determine what has been the mainspring of motive TREASURY DEPA.RTMENT. with him when in the condition I have suggested, he will proba­ Office of the Secretary: For compensation of the Secretary of the Treas­ bly have some better understanding how gentlemen on this side ury, $8,000; 3 Assistant Secretaries of the Treasury, at $4,500 each; clerk to the are affected. Secretary, $2,250; stenographer, Sl,800; 3 private secretaries, 1 to each Assist­ ant Secretary, at $1,800 each; Government actuary. under control of the Mr. RICHARDSON. I do not think the gentleman can cite Treasury, $1,800; 1 clerk of class 3; 1 clerk of class 2; 2 clerks of class 1; 1 the time when the Democratic party had the presidents of both clerk, 1,000; 4 messengers; 3 assistant messengers, and 1 laborer; in all, Houses of Congress. $-15,330. Mr. HEPBURN. Well, thank God, it was a good while ago Mr. BARTLETT. Mr. Chairman, I move to sb.·ike out the last [laughter]; but the gentleman ought to remember that there was word for the purpose of asking the gentleman in charge of this bill such a time. what provision, if any, has been made for appropriation of money The CHAIRMAN. The time of the gentleman from Iowa has to pay the rent of buildings which may have to be occupied by the expired. Does the gentleman from Massachusetts raise the point Government in cases where other buildings which have been so of order against the amendment? occupied are being improved. For instance, in my own city pro­ Mr. GILLETT of Massachusetts. I do. vision has been made for an addition to a public building, and the The CHAIRMAN. The Chair sustains the point of order. making of this improvement will occupy probably ten or twelve Mr. MUDD. Mr. Cha.ir:rnan, I want to offer an amendment to months. Meanwhile the offices nowin that building-the courts, this same section. post-office, etc.-will have to be removed. I would like to know 1888 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 16, whether in this bill there is any provision for the payment of rent Mr. GAINES. I move to strike out the last word. in such cases? The CHAIRMAN. Thegentlemanfrom Tennessee [Mr. 0....1...mEs] Mr. HEMENWAY. Improvements of that kind are carried in is recognized in support of the proforma amendment. the sundry civil bill. There is nothing of that kind in this bill. Mr. GAINES. Mr. Chairman, several hours ago the gentleman Mr. BARTLETT. Then, as I unde:i:stand the gentleman, this from Maryland [Mr. PEARRE], I regret to say, took it upon him­ is not the place to provide for a matter of that kind. self to decry the Democratic party, saying that it was not in Mr. HEMENWAY. It is not. favor of promulgating a just pension system; that the Republican l\ir. BARTLETT. All right. party had been the father of pensions and had perpetuated our The CHAIRMAN. The pro forma amendment to strike out the pension system. Mr. Chairman, we all know that is not borne last word will be considered as withdrawn. out by the facts, and I regret exceedingly that the gentleman The Clerk read as follows: s~ould make any such statement. I have 'been endeavoring ever Office of Auditor for Treasury Department: For Auditor, $4,000; Deputy smce that statement was made to get the floor, but my friend on Auditor $2,500; law clerk, $2,000; 4 chiefs of division, at $2,000 each; 17 clerks the other side, who possibly knew that I was going to rise for the of class 4; 13 clerks of class 3; 10 clerks of class 2; 20 clerks of class 1; 3 clerks, at Sl,000 each; 3 clerks, at $900 each· three assistant messengers; 4 laborers; purpose of defending the Democratic party against any such false and for continuing 3 clerks of class i and for 4 additional clerks of class 1 ren­ accusation, objected in a very eloquent voice to giving me unani­ dered necessary by increased work incident to the war with Spain; in all, ~ou_s consent, and I iise now simply for the purp~se of doing $125.700. Justice to that party, and to say that I remember m the Fifty­ Mr. BOUTELL of Illinois. Mr. Chairman, I move to amend by fifth Congress it was the distinguished son of Mississippi, the striking out the last word. Hon. JOHN M. ALLEN, who rose on the floor of this Housa when From the observations made this morning by the gentleman our last immense pension appropriation bill was being considered from Missouri [Mr. COCHRAN] it seems obvious that I failed yes­ and moved that it be passed unanimously, saying that when Joe terday to express myself with sufficient clearness. When he Wheeler was climbing the heights of San Juan it was not time states that he inferred from my remarks that I was in favor of to talk or parley about the payment of pensions. That bill was holding the people of Puerto Rico, Cuba, and the Philippines in unanimously passed. perpetual servitude, it is evident, I think, that he failed to listen Since I have been in this Congress, Mr. Chairman, the Demo­ in the spirit in which I endeavored to speak. I tried to discuss cratic party as a party has not opposed just pension laws, and the from an entirely nonpartisan point of view and in an impartial American people do not oppose a just pension law. The men who spirit the fundamental principles of our institutions respecting should not be pensioned are the men to whom we object. They the acquisition of territory. are the men that the present Commissioner seems to be after now If I was animated by any spirit at all, I was animated by the with a hot poker. The Commissioner of Pensions was opposed spirit of Jefferson, Madison, Monroe, and Jackson. And the spirit and criticised by the distinguished gentleman from Kansas fMr. that animated them was not a partisan but a national spirit. CURTIS], and my colleague from Tennessee f Mr. Srns], as we11 as As a result of my investigation of these principles, an examina­ myself, rose in our seats here and defended him from his own tion of the opinions of our leading statesmen thereon, and a con­ party, because we believe that he is doing hts duty, if the press sideration of the interpretation put upon these principles by the reports and his own reports are true, and we must at least take people themselves during the past century, I was led to the con­ the latter as being true. If that be so, he is trying to do his duty, clusion that the United States has the right to acquire and hold ter­ as Cleveland did, Mr. Chairman, in cleaning the pension roll, in ritory, inhabited or uninhabited, without immediately incorporat­ expurgating the pension roll, and instead of making it one of sus­ ing it into the Union. I expressed no views concerning the final picion, making it one absolutely of honor. disposition of Puerto Rico, Cuba, or the Philippines. I did not Mr. Chairman, bear in mind another thing-and I want to state understand the gentleman to ask me anyquestionconcerning Cuba right here that the day my distinguished colleague (Mr. SIMS] or Puerto Rico. I will say now, however, in regard to Cuba and made his speech on the floor of this House which has excit.ed so Puerto Rico, that whenever the people of those islands shall have much comment here that the gentleman from Massachusetts shown a capacity for self-government and a desire to be incor­ [Mr. FITZGERALD] who bas to-day several times defended his State porated into our Union, I would be in favor of annexing them to and her soldiery from a supposed attack, which I am sure was not the United States as organized Territories and ultimately admit­ malicious on the part of my colleague from Tennessee [l\Ir. SIMS), ting them to statehood. for I do not know a kinder, a more charitable, or a more juat man I understood the gentleman toask me whether, when the Philip­ upon the floor of this House than he-the distinguished gentleman pines were capable of self-government and were considered fit for from Massachusetts [Mr. FITZGERALD] was not in the House. I annexation to the United States, I thought that ought to be done, occupied his seat myself, and on the same occasion, a few minutes and I replied no; that I did not think when that time came that before or after the speech of my colleague, I spoke upon the floor it would be advisable; and my reason was, that when the time of the House, and I spoke from the seat of the gentleman from comes when the entire inhabitants of the Philippine Islands have :Massachusetts fMr. FITZGERALD], which is a good one, because I shown that capacity for self-government which would entitle could speak with more ease from that seat than from my own. In them to be incorporated into our Union they ought to be able to justice to the gentleman from Massachusetts [Mr. FITZGERALD] govern themselves as an independent republic. If after that the I want to make this statement. people of the Philippine Islands express a desire for union with Now, Mr. Chairman, it remained for a distinguished son of the United States, I am fully in accord with President Monroe Michigan fMr. WM. ALDEN SMITH], when my colleague [Mr. SIMS] and President Jefferson and President Polk, who thought that the occupied the floor on a former occasion, to make a statement which success of the system of local self-government, combined with corrol:IOrates the position that I have taken here. On page 1029 of Federal Union, did not depend on parallels of longitude or on the RECORD the gentleman from Michigan [Mr. WM. ALDEN isothermal lines, and should not oppose their admission. SMITH] said the following to my colleague [Mr. Sms]: The time at my disposal yesterday did not allow me to give full Mr. WM. ALDEN SMITH. I do not believe the gentleman from Tennessee represents the best sentiment of the Democratic party upon tha.t side of the expression to these views. I wish now simply to say in general Chamber in that statement. that in acquiring territory we can, a,s we have done, hold it with­ Mr. SnIB. I represent the cause of truth; and if the Democratic party does out incorporating it into the Union. It should be so held as to not sanction it, that is their fault. not mine. extend as far as possible to the inhabitants of the territory in Now, this is what I particularly desire to read: question the spirit of our institutions and the rights so far as pos­ Mr. WM. ALDEN SMITH. I will say to the gentleman from Tennessee that sible which we enjoy; and whenever the people of any territory in the passage of pension bills here it •as been to the eternal credit of mam­ bers uuon that side of the Chamber m!Hiy of whom were in the Confederate which we may acquire show capacity for self-government, they army\ that they have thrown less obStruction in the way of a. liberal admin· should either be given their independence or be incorporated into istration of the pension law than they have ever been given credit for doing. the uiiion. And during the time that we so hold them it should [Applause.] be our earnest effort to extend to them the principles of liberty The CHAIRMAN. The time of the gentleman has expired. and the spirit of freedom for which the wisdom of our sages and Mr. GAINES. I ask unanimous consent that I may proceed the blood of our. martyrs have been given. for five minutes. Mr. NOONAN. Will the gentleman yield for a question? The CHAIRMAN. The gentleman from Tennessee asks unan­ Mr. BOUTELL of Illinois. Certainly. imous consent that he may proceed for five minutes. Is there Mr. NOONAN. Does my colleague contend that the territory objection? of the Philippines and of Puerto Rico is not territory of the United There was no objection. States? Mr. GAINES. And yet my young friend from Maryland [Mr. Mr. BOUTELL of Illinois. It is not territory incorporat.ed into PEARRE], possibly, like myself, born and reared since the war. the United States; it is territory belonging to the United States gets up here to-day and flaunts it in the face of Democrats upon in the sense of the fourth section of the fourth article of the Con­ the floor of the House that the Republican party and the Repub­ stitution. lican party only has been the friend of the honest pensioner, the fHere the hammer fell.] heroic soldier, the deserving patriot, and has been the only party The CHAIRMAN. In the absence of objection, the pro forma which has enacted just pension laws. amendment will be considered as withdrawn. The fact is that the Republican party has been in control of this 1900. CONGRESSIONAL RECORD-HOUSE. 1889 ../ House, with the exception of a few years, ever since the war, and paid at the rates herein fixed from the date of the original application. All persons who are now upon the Mexican war pension roll, and who now, under during those few years we had a so-called Democratic President this act, become entitled to a disability rate, shall be paid that rate f-.rom the and a Democratic Senate and Honse which undertook to do the date of the original application if the disability then existed, or from the identical thing that the Commissioner of Pensions, Mr. Evans, is date of the occurrence o! the disability. undertaking to do to-day, as I said a moment ago, to make the Mr. DALY of New Jersey. Mr. Chairman, much criticism has pension roll a roll of honor rather than one of suspicion. The been indulged in to-day against the party to which I belong upon very fact, as I said a few days ago, that there is opposition to the this question of pensions. I desire to read for the benefit of the Commissioner's administration of the law, coming from his own other side of this House the criticism of one of your members on party and not from the Democratic party, shows that that roll the 19th of last month in reference to the conduct of the Pension should at least be looked after with more particularity than it bas Bureau. I do not suppose that there has been more attention been heretofore. given to this matter of pensions by any member than bas been Mr. Chairman, the old Confederate soldier, the Southern people, given by the distinguished gentleman from Kansas [Mr. CURTIS]. yea, the American people, believe in an honest pension law and a Here is what he says about the conduct of the Pension Depart­ just pensioner, nothing more and nothing less. It is in the mat­ ment under Republican rule: ter of the unjust pensioner that the American people feel they On the 4th of March, 1897, there was a change of Administration, and the are being outraged. soldiers of this country looked forward to a new Commissioner of Pensions and a chl:!-nge in the Bureau of Pensions. They looked for a change in the Now, some gentlemen on the other side, I believe the gentle­ rules and regulations; they looked for a more liberal construction of the law; man from Ohio, alluded to the fact that hundreds and hundreds but, I am sorry to say, they were disappointed. of pension bills are before the Pension Committee, and called at­ * • * • • • * tention to the fact that the gentleman, I believe, representing the But the new Commissioner of Pensionsl .with the exception of the continu­ ance of the board of revision, which I believe had completed its work, and Second Tennessee district [Mr. GIBSON] had introduced so many the consequent stoppage of the reduction and dropping of pensioners, con­ bills. I want to say to him that that district is a Republican dis­ tinued the same rules and practices as the former Administration. trict, as the First district is. It was the" Union end of the State," Now, here is what he says about the Republican Commissioner the end that voted against secession in days gone by, and hence it of Pensions, Mr. Evans, who represents this Administration in the is, aside from the great industry of the Representative from that Department of Pensions: district and bis great love for bis people, that the distinguished He kept up the same false charges against the pensioners. He permitted son of Tennessee who represents that district has introduced so himself to be interviewed and wrote articles for the press and did other things many pension bills. to attract the attention of the public to his Bureau. Now, finally, let me challenge the kind attention of this hon- Further on, let me read this record, coming from a Repnblican . orable body to this fact: I say to you that the old Confederates­ source, as to the conduct of this Department: of whom I am not one, born and reared as I was since the war, Mr. CURTIS. I charge it because I have examined the cases; I have a memo­ but my kindred, my people, my neighbors were Confederates, and randum of them in my pocket, cases where I believe he bas absolutely ignored for that I make no apology here or elsewhere-have unmnrmnr­ the decision of Webster Davis. I :want to call your attention to the fact that ingly, as honest history portrays, stood up here in favor of a just in 1897 he says he rejected, in round numbers, 107,000 cases-89,000 on medical and honest pension system. They have favored it upon the hus­ grounds, 13,000 on legal grounds, 5,000 on the ground of no benefit. tings. They have done so in face of the fact that there stands I want to say here that I do not believe that 107,000 soldiers of upon the statute books of this country the following section: the Union perpetrated falsehoods when they made their state· No money on account of pension shall be paid to any person, or to the ments in reference to the contraction of disease or wounds in the widow, children, or heirs of any deceased person, who in any manner volun­ war. I want also to say that the record of the Democratic party tarily engaged in, or aided or abetted. the late rebellion against the authority can be favorably compared with this record that was made by the of the United States. (Section 4716, Revised Statutes.) Commissioner of Pensions, who represents the McKinley Admin­ That was passed in 1862, and it is the law to-day. This is true istration. One hundred and seven thousand soldiers of the Union in the face of the fact that the colonel of the first Tennessee regi­ had their applications for pensions rEtiected; and when they were ment that went to the Philippines and did such valiant service rejected it was an imputation that the 107 ,000 soldiers falsified. there was a distinguished Confederate officer, and one of the lieu­ Now, Mr. Chairman, I do not further desire to continue in 1his tenants was a distinguished soldier, Maj. W. J. Whitthorne, a line of remarks, but I do ask permission to continue my remarks brother of the distinguished Admiral Whitthorne, who was for so in the RECORD, in order that I may show the record of the Demo· many years a member of this honorable body. cratic party in Congress on this subject of pensions. Yet our people have unmurmnringly borne protective tariffs The CHAIRMAN. If there be no objection the pro forma and these heavy pension bills. And I was happy to see the spirit amendment will be considered as withdrawn. that characterized the Republican side of this House when I Mr. STEELE. If the gentleman will publish the whole record brought to the attention of this bodylast Friday night the fact that of the Democratic party, I would be glad for him to extend his that statute, section 4716, is still in force, so that to-day Colonel remarks. _Smith's widow is not pensionable, although her gallant husband The CHAIRMAN. The gentleman asks unanimous consent fell on the firing line at the head of his regiment in the Philippines. that his remarks may be extended in the RECORD. Is there objec­ Under that law, which the Republican party has allowed to re­ tion? [After a pause.] The Chair hears none. If there be no main upon this statute book for thir~y years, we can not give her objection, the pro forms. amendment will be withdrawn. The a pension. I have introduced this bill to repeal this law. - Chair hears none, and the Clerk will read. The CHAIRMAN. The time of the gentleman bas expired. The Clerk read as follows: Mr. GAINES. I ask a minute more. , Office of Auditor for Interior Department: For attditor, $4.000; deputy The CHAIRMAN. Without objection, the gentleman will be auditor, $2,500; law clerk, $2,000; 3 chiefs of division, at $2,000 each· 8 clerks of recognized for one minute more. class 4; 19 clerks of class 3; 35 clerks of class 2; 2'2 clerks of c.lass i; 11 clerks, Mr. GAINES. I am glad to say that I do not believe that this at $1,000 each; 7 clerks, at $900 each; one clerk, $840; 1 a.ssistant mesSE'nger; House, nor this Congress, nor the President, will long let that law 10 laborers; and 1 female laborer, $480; in all, $160,640. remain upon the statute books. I was happy to hear the mouth­ Mr. HEMENWAY. Mr. Chairman, I offer the following piece of the Administration, the gentleman from Ohio [Mr. GROS­ amendment. VENOR], say that he would join with me in the repeal of that The Clerk read as follows: statute that does not represent the feeling, the judgment, or the On page 40, line 12, strike out "twenty-two" and insert in lieu thereof heart of the American people of this day. I shall ask later to ex­ "twenty-five;" in line 11 strike out" sixty thousand six" and insert "sixty­ tend my remarks by printing my bill to repeal section 4716. four thousand two." The bill referred to is as follows: The amendment was agreed to. A bill (H. R. 8499) to equalize the pension laws. The Clerk read as follows: Be it enacted by the Senate and House of Representatives of the United States Office of Auditor for Post-Office Department: For Auditor, $4,000; Deputy of America in Cong1·ess assembled, That all the laws enacted a.rid now in force Auditor, $2,500; chief clerk, $2,000; law clerk, $2,000; 7 chiefs of division, at relating to pensions for soldiers and sailors of the civil war of 1861to1865 be, $2,000 each; 13 clerks of class 4; additional to l clerk as disbursing clerk, and they are hereby, made equally applicable to soldiers and sailors of the $"200; 61 clerks of class 3; 76 clerks of class 2; 90 clerks of class 1; 70 clerks, at $900 Mexican war, without any distinction whatever as t-0 age, participation in $1,000 each; 21 clerks, at each; skilled laborer, $11QOO; 25 money-order as­ rebellion, or otherwise· and th~ same rates shall be paid in either case alike sorters, at $900 each; 31 money.order assorters, at $8w each; 23 money-order to officers, soldiers, widows, children, invalids, and dependents; and that all assorters, at $720 each; 2 messengers; 12 assistant messengers: 23 male la­ laws and parts of laws not in conformity herewith are hereby repealed. borers, at S660each; 3 female la.borers, at $660 each; and 15 charwomen; in all, That the Conimissioner of Pensions is hereby directed to pay to Mexican $546,180. war ])ensioners now on the roll the rates allowed in each respective case by For additional force for bringing up work of assorting and checkin° money the laws relating to the civil war, beginning with the date of the passage of orders one year or more in arrears, and for increased business, namefy: For 5 thi.s act. - clerks of class 4; 4 clerks of class 3; 5 clerks of class 2; 8 clerks of class 1; 12 That applicants for pension or increase, based upon service in the Mexi­ clerks, at $1,000 eac_h; and 5 clerks, at $W0 each; in all, $48,500. · can war,_ whose applications have been heretofore rejected because they were unaer age, or because they participated in rebellion, or because of any Mr. STEELE. Mr. Chairman, I desire to offer an amendment to other requirement or condition that existed in the laws relatin~ to Mexican that paragraph. In line 22, after the word "for," strike out the war pensions which does not also exist in the laws relating to civil wa.r pen­ word "additional," on page 41, sions, shall if they apply again, be paid from the date of the ori~inal appli· cation; and widows, invalids, and dependents who have applied for and been The Clerk read as follows: denied pensions or increase for any such reasons shall, upon reapplication, be On page 41, line 22, after the word "for," strike out the word " additional. u XXXIII-119 ,~~~~~~~~~~~~~~------"':"'!'!"----~----~------mmlll!I------

1890 CONGRESSIONAL REOORD-HOUSE. FEBRUARY 16,

Mr. STEELE. And insert the word "temporary." not make any difference as far as the point of order was con- The Clerk read as follows: cerned. The Chair understands that it was carried in the last And insert the word "temporary." appropriation bill at $1,000; and there being no other statute on Mr. STEELE. And on page 4-1, line 24, after the word "busi- this subject, the Chair must sustain the point of order. ness,'' insert the words "incident to the war with Spain." TRANSFER OF EVENING SESSION. The Clerk read as follows: · Mr. SULLOWAY. Mr. Chairman, on behalf of the Committee On page il, in line 21, after the word "business," insert the words "inci- on Invalid Pensions and at the urgent request of many members dent to the war with Spain." · on both sides of the House, I desire to give notice that when we Mr. GILLETT of Massachusetts. Mr. Chairman, I make the get back into the House I will ask unanimous consent to substi- point of order that it changes existing law. tute Monday night for pension business instead of to-night, on Mr. STEELE. It is providing for additional force, and it is a account of the storm. temporary force to be employed only during the war with Spain, LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL, as other provisions are in this bill. Mr. GILLETT of Massachusetts. As I understand the amend­ The Clerk, proceeding with the reading of the bill, read as follows~ ment, it either means nothing or it means that this force is not to O~ce of assistant treasurer at Chicago: For assistant treasurer, $5,000.; be appointed according to existing law; and of course if it means cas~e!. $2,500; vault clerk, Sl,800; paying teller $1,800; assorting teller, ana I receivmg teller at $1,500 each; clerk, $1,600; book.keeper, $1,500; Bcoin, coup_!).J!, that, it is a change in the existing law. As understand it. it and currency clerk~. a~ $1,500 each; 15 clerks, at $1,200 each; messenger, SMO; leaves the number practically the same, but changes the method stenographer, $720.: Janitor, $600; and 3 watchmen at $720 each; and 2 watch- of appointment. I suppose that is the purpose of the gentleman men at $840 each; m all, $44,020. · from Indiana. Mi·. HEMENWAY. Mr. Chairman, I offer the following amend- - Mr. STEELE. I am not disclosing my purpose, Mr. Chairman, ment, which I send to the Clerk's desk. - but I claim it is not in contravention of existing law. There are The Clerk read as follows: other amendments in the bill providing for the same service, and _ the employment was simply temporary throughout the Depart­ In line 25, page 57, and line 1, page 58, strike out the words "and 2 watch­ men at 5840 each. ment. Mr. FITZGERALD of Massachusetts. The law provides for The amendment was agreed to. that. The Clerk read as follows: The CHAIRMAN. The Chair calls the attention of the gentle­ Office of assistant treasurer at St. Louis: For assistant treasurer, $!.I)()()• men from Massachusetts to the fact that it does not change the cashier and chief clerk, $2,500; first teller, $2,000; second teller, $1,800; third existing law as the Chair understands it. There is no existing teller, $1,600; fourth teller, $1.200; bookkeeper, $1.500; two assistant book­ keepers, and coin teller, at $1,200 each; assistant bookkeeper, Sl,000; assistant law upon this subject. Here is a provision providing temporarily coin teller, stenographer and typewriter, and messenger, at $1,000 each; two for certain employees in one of the Departments. Surely it is c;ta.y. watchme~, and coin counters, at $720 each; night watch.man, $720; ana within the power of the committee to perfect that system. Janitor, $600; mall, $25,460. _ Mr. GILLETT of Massachusetts. There is a law to-day provid­ Mr. HEMENWAY. On behalf of the committee I move the ing how additional appointments shall be made. I may not have amendment which I send to the desk. caught the reading of the amendment, but as I und· stood it, all · The Clerk read as follows: it does is to strike out the word "additional" and · -ut in the word On page 1, in line 17, insert "2clerks, at $1,200 each;" and in line 23 strike "temporary," which we all know has been so construed that they out "twenty-flve thousand four hundred and sixty" and insert in lieu thereof shall be appointed in a manner different from ~he regular method. "twenty-seven thousand eight hundred and sixty." If that is the proposition of the amendment, I submit that the_ Chafr would hold that it was, of course, a change in existing lawr The amendment was agreed to. If it does not mean by the word "temporary" a different method LE.A.VE TO PRINT. of appointment from that which the law now provides, I do not see what the pertinence of the amendment is. · Mr. COCHRAN of Missouri. I ask unanimous consent to add · The CHAIRMAN. The Chair is inclined to the opinion that it to my remarks made an hour ago matter which will make less is obnoxious to the rule, if that is the intent of the amendment. than a page of the RECORD. Mr. STEELE. The additional force is asked for, and it is sup­ The CHAIRMAN. The gentleman from Missouri [Mr. COCH· posed that they want them during the war with Spain, as it is re­ RANl asks unanimous consent to extend in the RECORD his re­ quired in other Departments. I am asking that they be appointed marks made during the session of the Committee of the Whole in the same way. to-day. Is there objection? Mr. GILLETT of Massachusetts. I should like to ask if the bill There was no objection. before this amendment was offered did not provide for the addi- Mr. FITZGERALD of Massachusetts. Mr. Chall-man, as! was tional force? . cut off a~d prevented from concluding what I desired to say, I The CHAIRMAN. The Chair is inclined to sustain the point make a similar request. , of order. The CHAIRMAN. The gentleman from Massachusetts asks Mr. STEELE. Well, I am sorry the gentleman from Massachu­ unanimous consent that he may extend his remarks in the RECORD. setts made a second speech. [Laughter.] Is there objection? The Chair hears none. The CHAIRMAN. The Chair sustains the point of order. Mr. GAINES. I ask the same privilege. The Clerk, proceeding with the reading of the bill, read as follows: The CHAIRMAN. The gentleman from Tennessee fMr. GAINES] makes a like request. Ia there objection? The Cnair Office of the Director of the Mint: For Director, $4,500; examiner and com­ hears none. puter1 at $2,500 each; assayer, $2,200; adjuster of accounts, $2,000; 2 clerks of Class 4j 1 clerk of class 2; 4: clerks of class l; translator, $1,400; 1 clerk, $1,000; The Cle1:k read as follows: 1 copylS~i 1 messenger; 1 assistant in laboratory, $1,000; and 1 assistant mes- Office of the Chief of Engineers: For chief clerk, $2,000; 4 cle1·ks of class 4; senger; mall, $29,360. . 3 clerks of class 3; 3 clerks of class 2; 4 clerks of class 1; 1 clerk, $1,000; 1 assist­ Mr. STEPHENS of Texas. Mr. Chairman, I offer the follow­ ant messenger, and 2 laborers; in all, $26,0to. ing amendment. Mr. HEMENWAY. I offer the amendment which I send to the The Clerk read as follows: desk. The Clerk read as follows: On page 49~ lines 18 and 19, strike out the words "one thousand" and insert "fifteen hunared." On page 76, in lines 8 and 9, strike ont "4 clerks of class 4: 3 clerks of class 3; 3 clerks of class 2" and insert in lien thereof" 5 clerks of ciass 4; 4 clerks of Mr. HEMENWAY. Mr. Chairman, I make a point of order on class 3; 4 clerks of cla.ss 2;" and in line 11 strike out "$26,04-0" and insert that. "$30,84.0." Mr. STEPHENS of Texas. That is the amount recommended The amendment was agreed to. · by the Secretary. Mr. HEPBURN. May I have the attention of the gentleman The CHAIRMAN. The Chair will ask the gentleman from In­ from Indiana [Mr. HEMENWAY] for a moment? In the second diana if there is any statute upon this subject? line of the note on page 22 of the report I read: Mr. HEMENWAY. There is no statute. In the last appro­ priation bill it was can·ied at $1,000. Net increase in the number of salaries estimated, 1901, over appropriations The CHAIRMAN. The last appropriation bill carried it at for 1900, 967. $1,000? Mr. HEMENWAY. That is the number of salaries estimated Mr. HEMENWAY. At $1,000. This amendment seeks to make for; but of those some are for the temporary force that was ex· it $1,500. pected to be put on the permanent roll. Mr. STEPHENS of Texas. That is right; but the recommen­ Mr. HEPBURN. But that is the number required in the opin· dation of the Seci·etary is that it should be $1,500. ion of the heads of Departments-967 more than were appropriated The CHA.IR.MAN. The recommendation of the Secretary would fo1· in the last appropriation bilL 1900.· CONGRESSIONAL ~ECORD-HOUSE. 1891

Mr. HEMENWAY. No, sir. Thatincludesanumberof sala­ And then, on motion of Mr. HEMENWAY (at 4 o'clock and 57 ries of those who are now temporary clerks, but whom the heads minutes p. m.), the House adjourned. of Departments expected to be put on the permanent rolls. In­ cluding these, the increase would be 967. If the gentleman will turn to the first page of the report, he will notice that this matter EXECUTIVE COMMUNICATIONS, ETC. is there partially explained: Under-clause 2 of Rule XXIV, a letter from the Acting Secretary It is proper to state that of the 799 s:vecific salaries estimated for in excess of the Treasury, transmitting a communication from the Acting of those recommended in the bill 410 were for clerks and others in the War Department now employed and paid from a general appropriation made for Director of the Mint submitting an estimate of appropriations for the current fiscal year for additional employees rendered necessary in the new machinery and appliances at the Philadelphia mint, was taken War Department because of increased work incident to the war with Spain, from the Speaker's table, referred to the Committee on Appro~ which general appropriation it is proposed to continue during the next fiscal year in the same sum as was provided for the current year; and 1.88 of such pria.tions, and ordered to be print-ed. specific salaries estimated for were in place of employments in the Navy De­ partment now pa.id from appropriations for "Increase of the Navy." Mr. HEPBURN. Possibly the last line of the note to which I REPORTS OF COMMITTEES ON PUBLIC BILLS AND have just called the gentleman's attention will explain: RESOLUTIONS. Net increase in number of salaries in this bill over appropriations of 1900, Under clause 2 of Rule XIII, bills and resolutions of the follow­ 168. ing titles were severally reported from committees, delivered to That, I presume, is the number they call for in their estimates the Clerk, and referred to the several Calendars therein named, over and above those now employed. as follows: Mr. HEMENWAY. They called for a larger increase in the Mr. LACEY.from theCommitteeon the Public Lands, towhich estimates; but that is the number we have allowed in the bill. was referred the bill of the House (H. R. 5049) to settle the title Mr. Chairman, I move that the committee now rise. to real estate in the city of Santa Fe, N. Mex., reported the same The motion was agreed to. · w~tho"!lt amendment, accompanied by a report (No. 344); which The committee accordingly rose; and the Speaker having re­ said bill and report were referred to the Committee of the Whole sumed the chair, Mr. SHERMAN reported that the Committee of House on the state of the Union. the Whole on the state of the Union, having had under considera.­ Mr. KLEBERG, from the Committee on the Public Lands, to tion House bill No. 8347 (legislative appropriation bill), had come which was referred the bill of the House (H. R. 4730) to grant to no conclusion thereon. land to the State of Florida for the use of the normal college for white pupils at De Funiak Springs and for the use of the normal TRANSFER OF EVENING SESSION. college at Tallahassee for colored pupils, reported the same with Mr. SULLOWAY. I ask unanimous consent that on Monday amendment, accompanied by a report (No. 345); which said bill next at 5 o'clock the House take a recess until 8 o'clock, the even­ and report were referred to the Committee of the Whole House on ing session not to extend beyond half past 10 and to be devoted the state of the Union. to the consideration of such business as is in order at the regular Mr. SHERMAN, from the Committee on Indian Affairs, to Friday evening meeting. which was referred the bill of the Senate (S: 2354) enlarging the Mr. PAYNE. And that the session of to-night be dispensed power~ of..!J;le Choctaw, Oklahoma and Gulf Railroad Company, with? reported tli~ r ~me with amendment, accompanied by a report Mr. SULLOWAY. Yes, sir. Thisrequest is made at the solic­ (No. 347); wifich said bill and report were referred to the House itation of membei·s on both sides of the House. The reason is Calendar. t . apparent to all. Mr. SNODGRAS·s, from the Committee on Election of Presi­ The SPEAKER. The gentleman from New Hampshire asks dent, Vice-President, and Representatives in Congress, to which unanimous consent that the session for to-night be dispensed with was referred the joint resolution of the House (H. J. Res. 1) pro­ and that on Monday next, at 5 o'clock, the House take a recess posing amendments to the Constitution disqualifying polygamists until 8 o'clock, the evening session to adjourn at half past 10 f~r _e~ection as Senators and Representative_s i~ Congress and pro­ o'clock and to be devoted to the consideration of business that is h1bitmg polygamy and polygamous association or cohabitation in order at the regular Friday night session. Is there objection? between sexes, reported the same without amendment, accom­ Mr. RICHARDSON. I suppose it is understood that we shall panied by a report (No. 348); which said joint resolution and re­ adjourn to-day at 5 o'clock. You do not propose to run this ses­ port were referred to the House Calendar. sion beyond 5 o'clock? Mr. SULLOWAY-and others. Oh, no. Mr. RICHARDSON. Then there is no objection. REPORTS OF COMMITTEES ON PRIVATE BILLS AND The SPEAKER. Is there objection to the proposition of the RESOLUTIONS. gentleman from New Hampshire? The Chair hears none, and it Under clause 2 of Rule XIII, Mr. NEEDHAM, from the Com· is so ordered. mittee on Claims, to which was referred the bill of the House LEA VE OF ABSENCE, (H. R. 4303) for the relief of the heirs of Aaron Van Camp and By unanimous consent, leave of absence was granted as follows: Virginius P. Chapin, reported the same with amendment, accom­ To Mr. MAHON, for four days, on account of sickness. panied by a report (No. 346); which said bill and report were re­ To Mr. RIDGELY, for one week, on account of important busi­ ferred to the Private Calendar. ness. CH.ANGE OF REFERENCE. CHANGE OF REFERENCE. The SPEAKER laid before the House the following executive communication and Senate bil1, the reference of which was Under clause 2 of Rule XXII, committees were discharged from ·changed as indicated: the consideration of bills of the following titles; which were there­ Letter from the Acting Secretary of the Treasury, transmitting upon referred as follows: a copy of a communication from the Secretary of the Interior A bill (H. R. 5504) for the relief of Lincoln W. Tibbetts-Com· submitting an estimate of appropriation for the pay of stenogra­ mittee on War Claims discharged, and referred to the Committee phers and typewriters employed by Indian inspectors and agents­ on Claims. from Committee on Appropriations to the Committee on Indian A bill

PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS By M.r. REEDER: A bill (H. R. 8650) granting an increase of INTRODUCED. pension to William C. Whitney-to the Committee on Invalid Under clause 3 of Rule XXII, bills, resolutions, and memorials Pensions. of the following titles were introduced and severally referred as By Mr. ROBERTS: A bill (H. R. 8651) granting a pension to follows: Rebecca Pratt-to the Committee on Pensions. By Mr. DOLLIVER: A bill (H. R. 8625) to amend sect.ion 953 By Mr. RAY of New York: A bill (H. R. 8652) granting an in· of the Revised Statutes of the United States-to the Committee crease of pension to Joseph Cannon-to the Committee on Invalid on the Judiciary. Pensions. By Mr. ESCH: A bill (H. R. 8626) to construct a pier for a har­ By Mr. STALLINGS: A bill (H. R. 8653) for the r elief of W. S. bor of refuge on the east shore of Lake Pepin, Mississippi River, McMillan, administrator of the estate of William Booth deceased, near or at the village of Pepin, Pepin County, Wis.-to the Com­ late of Stockton, Ala.-to the Committee on War Claims. mittee on Rivers and Harbors. By Mr. TAWNEY: A bill (H. R. 8654) removing the charge of By Mr. CUMMINGS: A bill (H. R. 8627) relating to compensa­ desertion from the military record of J.E. Getman-to the Com- tion of fourth-class postmasters-to the Committee on the Post­ mittee on Militarv Affairs. . Office and Post-Roads. By Mr. THAYER: A l>ill (H. R. 8635) grab. ting an increase of By Mr. SPRAGUE: A bill (H. R. 8628) to authorize the laying pension to Edgar H. Stevens-to the Committee on Invalid Pen· and maintaining of a pneumatic-tube system between the Capitol sions. and the Government Printing Office, m the city of Washington, By Mr. WADSWORTH: A bill (H. R. 8656) conferring juris.. in the District of Columbia-to the Committee on the District of diction on the Court of Claims to try, adjudicate, and determine Columbia.. the claim of Bvt. Capt., Second Lieut. James Davison, United By Mr. BABCOCK: A bill (H. R. 8629) for the protection of States Army, retired-to the Committee on Claims. subsurface pipes, cables, wires, and other metallic constructions By Mr. WANGER: A bill (H. R. 8657) granting a pension ta in the District of Columbia from danger by electrolysis, and for Barbara Ann Fox-to the Committee on Invalid Pensions. other purposes-to the Committee on the District of Columbia. By Mr. YOUNG of Pennsylvania: A bill (H. R. 8658) granting By Mr. SHATTCTC: A bill (H. R. 8630) to modify an act enti­ an increase of pension to Edwin G. Fay, late lieutenant, Company tled "An act to regulate and improve the civil service of the C, One hundred and seventh New York Volunteer Infantry-to United States," approved January 16, 1883, and for other pur­ the Committee on Invalid Pensions. poses-to the Committee on Reform in the Civil Service. By Mr. BOREING: A bill (H. R. 8659) to increase the pension By Mr. HULL (by request): A bill (H. R. 8661) for the recog­ of Thomas P. McCracken-to the Committee on Pensions. nition of services of a military nature rendered by certain civil­ By Mr. LOUD: A bill (H. R. 8660) to increase the pension of ians in the late war with Spain-to the Committee on Military Philip Lang-to the Committee on Invalid Pensions. Affairti1. By Mr. SLAYDEN: A bill (H. R. 8662) to provide for the ex­ penses of United States district judges while going to! returning PETITIONS, ETC. from, or holding coµrts at places other than t.heir respective resi­ Under clause 1 of Rule XXII, tbefollowingpetitions and papers dences-to the Committee on the Judiciary. were laid on the Clerk's desk and referred as follows: By Mr. BARNEY: Petition of Irving M. Webber and other PRIVATE BILLS AND RESOLUTIONS INTRODUCED. railway postal clerks of the Fifth Congressional district of Wis· Under clause 1 of Rule XXIT, private bills and resolutions of consin, for the reclassification of the Rail way Mail Service-to tho the following titles were introduced and severally referred as Committee on the Post-Office and Post-Roads. follows: By Mr. BULL: Petition of the National Board of Trade, in favor By Mr. BOUTELL of Illinois: A bill (H. R. 8631) granting a of too passage of the bill for the organization of a national naval pension to Elizabeth Englehardt-to the Committee on Invalid reserve force-to the Committee on Naval Affairs. Pensions. Also, resolutions of the Boston (Mass.) Merchants' Association, By Mr. BROUSSARD: A bill (H. R. 8632) for the relief oft.he favoring a competing submarine cable line between Cuba and the legal representatives of John Nelson, deceased, late of Lafourche United States-to the Committee on Insular Affairs. Parish, La.-to the Committee on War Claims. By Mr. BURKETT: R esolutions adopted by the employees in By Mr. BENNETT: A bill (H. R. 8633) for the relief of Mrs. the Bureau of Animallndustry stationedatNebraskaCity, Nebr., Martha Stiff-to the Committee on War Claims. for provision to grant them the usual leave of absence with pay­ By Mr. BROWNLOW: A bill (H. R. 8634) granting an in­ to the Committee on Agriculture. crease of pension to George W. Caseday-to the Committee on Also, resolutions of the Kansas City Live Stock Exchange; also, Invalid Pensions. of the St. Joseph Live Stock Exchange, State of Missouri, against By Mr. CURTIS: A bill (H. R. 8635) to confirm the title to cer­ increasing the tax on oleomargarine-to the Committee on Ways tain land to the Indians of the pueblo of Zuni, in the Territory of and Means. New Mexico-to the Committee on Indian Affairs. By Mr. CAPRON: Petition of M. R. Newell and other em­ By Mr. CATCHINGS: A bill (H. R. 8636r for the relief of the ployees of the Woonsocket (R. I.) post-office, favoring the pas­ heirs of William Freeman-to the Committee on War Claims. sage of House bill No. 4351-to the Committee on the Post-Office By .Mr. CUSHMAN: A bill (H. R. 8637) granting a pension to and Post-Roads. Mrs. Helen Harlow-to the Committee on Invalid Pensions. By Mr. DALZELL: Additional evidence in support of House By Mr. GARDNER of New Jersey: A bill (H. R. 8638) for the bill No. 8403, to refer the Pittsburg defense claims to the Court relief of George K. Bowen-to the Committee on Military Affairs. of Claims-to the Committee on War Claime. By Mr. GAYLE: A bill (H. R. 8639) for the relief of James By Mr. DOLLIVER: Resolutions of Baldwin Lodge, No. 273, Miller, of Bourbon County, Ky.-to the Committee on War.Claims. International Associa~ion of Machinists, of Boone, low;.. in rela­ Also, a bill (H. R. 8640) for the relief of Oldham County, Ky.­ tion to the care and disposition of the public lands-to the Com­ to the Committee on War Claims. mittee on the Public Lands. By Mr. HAMILTON: A bill (H. R. 8641) granting a pension to By Mr. GORDON: Petition of the publisher of the Bradford George W. Foster-to the Committee on Invalid Pensions. Sentinel, asking that white paper and wood pulp be placed on the Also, a bill (H. R. 8642) granting a pension to Elizabeth free list-to the Committee on Ways and Means. Brooks-to the Committee on Invalid Pensions. By Mr. GRAHAM: Resolutions of the Northeastern Pennsyl­ By Mr. HENDERSON: A bill (H. R. 8643) granting a pension vania Press Associati.Jn, favoring the passage of House bill No. to Euretta Eggleston-to the Committee on Pensions. 5029, relative to the free entry of wood pulp imported for use in Also, a bill (H. R. 8644) granting a. pension to Melissa Eggles- the manufacture of paper-to the Committee on Ways and Means. ton-to the Committee on Pensions. · Also, resolutions of the Chemung Valley Tobacco Grower's As­ By Mr. HAWLEY: A bill (H. R. 8645) directing the issue of a sociation of the State of New York, in favor of maintaining the duplicate of lost check drawn by James B. Quinn, major, Corps present tariff rates on cigar leaf tobacco from Puerto Rico and of Engineers, United States Army, in favor of Henry L. Brene­ other island possessions-to the Committee on Ways and Means. man-to the Committee on Claims. By Mr. GREENE of Massachusetts: Resolution of the Boston By Mr. NAPHEN: A bill (H. R. 8646) to remove the charge of (Mass.) Marine Society, favoring the passageof House bill No. 64, desertion standing against the military record of Alonzo Cornell­ to promote the commerce of the United States-to the Committee to the Committee on Military Affairs. on Interstate and Foreign Commerce. Also, a bill (H. R. 8647) to place on the pension roll the name of By Mr. HITT: Petition of the Dr. Blair Medical Company, of Joseph Connell-to the Committee on Invalid Pensions. Freeport, Ill., for the repeal of the stamp_ tax on proprietary med­ By Mr. OT.TEN: A bill (H. R. 8648) granting a pension to Hen­ icines-to the Committee on Ways and Means. rietta Pollock-to the Committee on Invalid Pensions. By Mr. JETT: Petitions of J. H. Sanner, W. H. Bohm, and By Mr. PHILLIPS: A bill (H. R. 8649) granting a pension to others, of Edwardsville, Ill., and vicinity, to amend the act to Margaret Vorhees, widow of Capt. JaredF. Vorhees-to the Com­ regttlate commerce-to the Committee on Interstate and Foreign mittee on Invalid Pensions. Commerce. 1900. CONGRES.SION AL RECORD--HOUSE. 1893

By Mr. JONES of Washington (by request): Petition of the HOUSE OF REPRESENTATIVES. Woma.n·s Christian Temperance Union of Olympia, Wa.sb., to prohibit the manufacture and sale of intoxicating liquor in SATURDAY, February 17, 1900. Hawaii-to the Committee on Alcoholic Liquor Traffic. By Mr. LACEY: Memorial of John H. King and others, con­ The House met at 12 o'clock m., and was called to order by the cerning the sale and other disposition of public lands, etc.-to the Speaker. Committee on the Public Lands. Prayer by the Chaplain, Rev. HENRY N. COUDEN, D. D. Also, petition of the Medical Society of Keokuk, Iowa, against The Journal of the proceedings of yesterday.was read and ap­ the passage of the anti-vivisection bill-to the Committee on the proved. District of Columbia. . COMMITTEE APPOINTMENT. By :\fr, LOUD: Petition of Phillip Lang, of San Jose, Cal., for The SPEAKER announced the appointment, as chairman of increase of pension-to the Committee on Invalid Pensions. the Committee on Railways and Canals, of. Mr. DAVIDSON. By Mr. LOUDENSLAGER: Petition of Post No. 5, Grand Army of the Republic, Department of New Jersey, in support of the LEA. VE OF ABSENCE. House bill No. 4742, to provide for the detail of active and retired By unanimous consent, leave of absence was granted as follows: officers of the Army and Navy to assist in military education in To Mr. NEEDHAM, for three days, on account of sickness. public schools-to the Committee on Military Affairs. To Mr. LIVINGSTON (at the request of Mr. MADDOX), for this By Mr. McALEER: Petition of graduate women nurses to secure day, on account of sickness. by act of Congress employment as nurses in the Army-to the Committee on Military Affairs. SEN ATE BILLS REFERRED, Also, resolutions of the Kansas City (Mo.) Live Stock Exchange Under clause 2 of Rule XXIV, Senate bills of the following titles and the South St. J osepb (Mo.) Live Stock Exchange, against in­ were taken from the Speaker's table and referred to their appro­ creasing the tax on oleomargarine-to the Committee on Ways priate, committees as indicated below: and Means. S. 2708. An act to amend an act making appropriationa for the Also, resolution of the New York Mercantile Exchange, indorsing construction, repair, and preservation of certain public works on House bill No. 7667, relative to the branding of cheese-to the rivers and harbors, and for other purposes, approved March 3, Committee on Interstate and Foreign Commerce. · 1899-to the Committee on Military Affairs. Also, petition of Freytag & Peeler Company, of Philadelphia, S. 2650. An act granting an increase of pension to Katharine Pa., favoring the passage of the Russell bill, relating to the tax on Taylor Dodge-to the Committee on Pensions. alcohol used in the arts or in any medicinal compound-to the Committee on Ways and Means. EULOGIBS ON THE LATE REPRESENTATIVE BLAND. Also, petition of the League of American Sportsmen, urging the Mr. DE ARMOND. I ask unanimous consent that Satnrday, passage of House bill 6634, for the better protection of song and April 7, beginning at 1 o'clock, be set apart for the delivering of insectivorous birds, the game birds, and game animals-to the eulogies on the life and character of our late colleague, Mr. BLAND. Committee on Interstate and Foreign Commerce. The SPEAKER. The gentleman from Missouri asks unani­ By Mr. McCLEARY: Resolutions of the Northwestiern Manu­ mous consent that Saturday, April 7, commencing at 1 o'clock, facturers' Association, of St. Paul, Minn., indorsing House bill No. be set apart for exercises in commemoration of the life, character, 887, to provide for adding to and completing specimens and pro­ and death of the late Mr. BLAND, of Missouri. Is:there objection? ductions, etc., to be exhibited in the Philadelphia museums-to There was Iio objection. the Committee on Interstate and Foreign Commerce. Also, petition of H. H. Meyer and other druggists of Sleepy LEGISLATIVE, EXECUTIVE, AND JUDICIAL .A.PPROPRI.A.TION BILL. Eye, Minn., relating to the stamp tax on medicines, etc.-to the And then, on motion of Mr.HEMENWAY, the House resolved Committee on Ways and Means. itself into the Committee of the Whole House on the state of the Also, letter of Noyes Brothers & Cutler, of St. Paul, Minn., Union for the consideration of the bill (H. R. 8347) making ap­ favoring provision for irrigation of arid lands-to the Committee propriations for the legislative, executive, and judicial expenses on Irrigation of Arid Lands. of the Government for the fiscal year ending June 30, 1901, and By Mr. MEEKISON: Papers to accompany House bill No. 7703, for other purposes, with Mr. SHERMAN in the chair. granting a pension to Lee Kuney-to the Committee on Invalid The CHAIRMAN. The Clerk will read from the point where . Pensions. he suspended last evening. · Also, papers to accompany House bill No. 5441, granting a pen­ The Clerk, proceeding with the reading of the bill, read as follows: sion to Hugh Thompson-to the Committee on Invalid Pensions. Of the foregoing amounts appropriated under public buildin_gs and By Mr. OTJEN: Paper to accompany House bill for the relief grounds, the sum of $27,130 shall be paid out of the revenues of the District of Henrietta Pollok, of Milwaukee County, Wis.-to the Commit­ of Columbia. · tee on Invalid Pensions. By Mr. POWERS: Petition of fourth-class postmasters of Rut­ Mr. MUDD. Mr. Chairman, I desire to make a point of order land County, Vt., praying for the passage of the Cummings bill against the clause just read, from lines 20 to 23, inclusive. I do increasing the compensation of postmasters of the fourth-class not know whether the gentleman who is in charge of this bill con­ post-offices-to the Committee on the Post-Office and Post-Roads. tends that that provision is in order or not. By Mr. RAY of New York: Petition of Acme Grange, No. 498, Mr. HEMENWAY. I certainly do. of North Barton, N. Y., favoring a general free mail delivery-to Mr. MUDD. Mr. Chairman, I want to be heard briefly. I will the Committee on the Post-Office and Post-Roads. read the language against which I make the point of order: By Mr. STEVENS of Minnesota: Resolutions of the Minneapo­ Of the foregoing amounts a_ppropriated under public buildings and lis (Minn.) Commercial Club, in favor of the proposed national grounds, the sum of $27,130 shall be paid out of the revenues of the District park in nothern Minnesota-to the Committee on the Public Lands. of Columbia. By Mr. TAWNEY: Resolutions of the State Agricultural So­ It seems to me that there can be no doubt that this is squarely ciety of Minnesota, protesting against the passage of Senate bill a change of existing law, inasmuch as it changes the fund out of ''to promote commerce and increase the foreign trade of the United which these expenses shall be paid. States and to provide auxiliary cruiSers, transports, and seamen I do not know that there is any permanent statute on this sub­ for Government use when necessary," in its present form-to the ject, but in the appropriation bill for the current year, passed at Committee on Agriculture. the last session, which I have before me and to which it is unnec­ By Mr. THROPP: Paper to a~company House bill No. 8403 to essary to refer, everybody knows that these expenses were paid confer jurisdiction on Court of Claims in the Pittsburg defense entirely out of the revenues of the General Government. claims-to the Committee on War Claims. Now, these parks which are referred to here all belong to the By Mr. WADSWORTH: Petition of D. H. Harler and otherciti­ General Government. The title to the land is in the General Gov­ zens of the Thirtieth Congressional district of New York, in favor ernment. It is just as appropriate and just as fair and proper of the passa~e of House bill No. 3717, relating to oleomargarine that the expenses of policing this Capitol building should be paid and other dairy products-to the Committee on Agriculture. one-half out of the revenues of the District of Columbia as to By Mr. JAMES R. WILLIAMS: Paper to accompany House have the District pay one-half of the salaries of watchmen in the bill No. 8183, to remove the charge of desertion from the record various parks hereinbefore enumerated. For instance, among the of Michael Fitzgerald-to the Committee on Military Affairs. parka here enumerated as a part of the public grounds of this By Mr. YOUNG of Pennsylvania: Resolution of the Northeast­ Government are the grounds about the Executive Mansion, the ern Pennsylvania Press Association, urging the passage of House greenhouses, and nurseries and other matters of that kind, with bill No. 5029, to put wood pulp and printing paper on the free which the District has nothing whatever to do. It is just as ap­ list-to the Committee on Ways and Means. propriate and just as much in accordance with law that the Ter· Also, letter of Frank B. Rose, of Swarthmore, Pa., relating to ritory of Oklahoma should be made to pay one-half of these ex­ section 11 of the naval personnel bill-to the Committee on Naval penses as that the District of Columbia should be made to do so. Affairs. If there is no general statute upon this subject, Mr. Chairman,