Quick viewing(Text Mode)

1896. Congressional Record-Senate

1896. Congressional Record-Senate

1896. CONGRESSIONAL RECORD-SENATE. 3065 dist Episcopal Church, asking concurrence in the bill forbidding of John Wright and 20 other citizens of Minnesota; a petition of the interstate transportation of obscene matter by express as A. S. Grow and 8 other citizens of Pennsylvania; a petition of passed by the -to the Committee on Interstate Charles E. Dodge, M. D., and 20 other citizens of New Hampshire; and Foreign Commerce. a petition of J. H. Emerson and 18 other citizens of New Hamp­ Also, petition of the Baltimore Annual Conference of the Metho­ shire; a petition of J. F. Estes and 47 other citizens of New dist Episcopal Church, asking enactment of a law to raise the Hampshire; a petition of W. W. Roberts and other citizens of age of consent to 18 years-to the Committee on the District of ; a petition of Alfred Hemenway and other citizens Columbia. of Massachusetts; a petition of Julia Ward Howe, John D. Long, and other citizens of Massachusetts; a petition of ex-Governor and other citizens of Massachusetts; a petition of SENATE. William Coveney and other citizens of Massachusetts; a petition of Franklin Carter, president, and 11 other members of the faculty 1\IoNDAY, March 23, 1896. of Williams College, Massachusetts; a petition of George V. Ladd Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. and 23 other citizens of Massachusetts; a petition of Rollin Jones On motion of Mr. WOLCOTT, and by unanimous consent, the and 22 other citizens of Massachusetts; a petition of Frank A. 1·eading of the Journal of the proceedings of Friday last wa£ dis­ Allen and 41 other citizens of Massachusetts; a petition of John pensed with. C. Haynes and 43 other citizens of Massachusetts; a petition of ORDERS FOR THE SEIZURE OF VESSELS. John A. Scott and 10 other citizens of Massachusetts; a petition of S. G. Miller and 37 other citizens of Massachusetts; a peti­ The VICE-PRESIDENT laid before the Senate a communication tion of Charles D. Jenkins and 14 other citizens of Massachu­ from the Secretary of the Treasury, transmitting, in response to a setts; a petition of Henry J. Thayer and 17 other citizens of Ma£­ resolution of the 16th instant, certain information as to what or­ sachusetts; a petition of B. H. Nourse and 14 other citizens of ders have been issued from the Treasury Department to seize ves­ Massachusetts; a petition of Charles H. Taylor and 11 other citi­ sels of the United States loaded with arms and munitions of war, zens of Massachusetts; a petition of Robert P. Bellows and other with passengers on board, suspected to be destined for foreign citizens of Massachusetts; a petition of Dr. William P. Wessel­ ports, and under what authority of law such seizures and arrests hoeft and 19 other o-itizens of Massachusetts; a petition of the have been made; which, with the accompanying document, was, Superior and Sisterhood of the Home at the Roman Catholic on motion of :Mr. CALL, ordered to lie on the table and be printed. Cathedral, Bost

SEa. 5. That the traveling expenses, fares, and other expenses incident to by ::.ll the prominent names in many States to secure grants of land in New the selecting and reporting upon such site shall be paid out of the Treasury Mexico for the use of consumptives, who may find in the peculiar climate ' of the United States, upon vouchers properly certified, and the said commis­ of that Territory health and usefulness, and the gift of Stanton Park is sioners shMl each be paid 10 per day for each and every day they shall be expected as an answer to that petition, particularly as the people of New 1\Iex­ actu:illy employed on such duty. ico are desirous of forming new colomes.· Senator GALLINGER has already SEa. u. That $15.000, or so much thereof as may be necessary, is hereby ap­ interested Congress in the subject by an address full of practical points the propriated, out of a.ny money in the Treasury not otherwise appropriated, best of which was made by placing the work of the society on a basiS of oound for the payment of SaJ.d commi ion, their expenses, fares, clerk hire, and all political economy. He declared that it sent away tho unproductive people other matters connected with or growing out of the selecting and reporting of one Stato and gave other States the S?.me number of productive people. said site. • · No offense being intended toward invalids, it is still true that figures are eloquent in showing the cost to the State of any unproductive class of its Mr. President, the present purpose is to secure by direct cession citizens. to the American Invalid Aid Society of Boston property now No prejudice of sect appears in the work and there is no plan to save souls except incidentally. The desire is to rescue without loss of time the sensitive owned by the Government. This organization has for its object bodies of consumptives. The past work speaks for itself. The future is filled the amelioration, so far as may be possible, of those who are suf­ with plans which include the continuance of the work of the past, the pub­ fering from pulmonary diseases in tb_e North, and who may be lication of papers upon the subjects of importanco to consumptives, and the benefited by a change of climate to the more salubrious atmos­ arrangements to supply information to physicians and laymen not informed upon problems of clunatology-free information, and charts and maps a.t a phere of the Rocky Mountain region. The society has in view at moderate price. La.st, but by no means least, the society will provide money the present time the Fort Stanton Military Reservation, situated for poor applicants a~ soon as its financial condition will permit, and will in New Mexico, which reservation has been recently abandoned furnish homes and opportunities !or work that the invalids may become self­ supporting as soon as possible. It also proposes to establish sometime small by the United States Government. I will state that when the call colonies or sanitariums, of tents or isolated houses-a hospital system which for bills is reached I shall introduce a bill which provides that that has l;>een su~ce~sf-ul in. Belgium and in army J?ractice. Land IS offered by military reservation shall be ceded by the Government to thiB President DiaZ m Me::nco and by land owners m several favored neighbor­ hoods. But all that calls for money and the establishment of a permanent society. fund, and that must necessarily be slow work unless States, societies, and Mr. President, very much ha.s been written during the past two individuals take up the matter. years and since this agitation was commenced concerning thiB philanthJ:opic movement. Dr. William P. Roberts, the managing I have also a letter dated Las Cruces, N.Mex., from a young editor of Folk Lore and Best Thoughts, published in Minneapolis, man who was sent there by this society, and who has recovered has given this movement the benefit of his facile pen, and Dr. complete health from a condition that was supposed to be hope­ C. F. Nichols, of Boston, an eminent medical gentleman,ha.scon­ less in the latitude of New England. I understand that several tiibuted exceedingly interesting articles on the subject to the of those already sent to the Rocky Mountain region by the Invalid Review of Reviews and to the newspaper press. . Aid Society have been greatly benefited. I have here an article of exceeding interest from the Boston In my former remarks on this question I called attention to the Traveller of January 25, 1896, discussing this subject, which is of fact that there are a great many precedents for this kind of legis­ sufficient interest to be introduced in this discussion: lation. The former joint rosolution wa.s critidsed in certain quarters and by certain newspapers, one great newspaper of the WORKING WONDERS-WHAT THE INVALID AID SOCIETY COULD DO WITH OXEY ENOUGH-G.fVES HOPE TO CONSUMPTIVES-A SCHEME OF COLONI­ country saying it was paternalism run mad, the claim being made ZATION OF NEW MEXICO IN EMllRYO WHICH WOULD DE OF GREAT BENE­ that a proposition to ask the Government to do anything for a FIT TO THE COUNTRY'S HEALTH. certain cl&.ss of invalids is an absurdity and ought not for a mo­ The announcement that ~irs. Etta Fish Tingley is to repeat her famous ment to be entertained. song lecture in Chickering Hall, February 12, for the benefit of the Invalid On that occasion I called attention to the fact that we have Aid Society has brought forth from many busy people who were not in touch with all the philanthropical movements of the day inquiries concerning the Homes for seamen established by the Government; that we have society. National Homes for Disabled Volunteers established by the Gov­ Its object was partially revealed in its title, but the great value of the work ernment; that we have an institution for the deaf and dumb in the it has done and is still doing and its hopes ana plans for the future could only be gleaned from somebody intimately connected with the work. District of Columbia supported by the Government; that we ha"'i"e The society was incorporated in Massachusetts and Ohio three years a.go. set apart two sections of land in each township for public schools; Dr. Edward Everett Hale is entitled to the honor of ita existence, for he that we have a reservation of mines, salines, timber, and water practically formed it a year before it s incorporation, and is its president pro tempore, there having been a vacancy in the head office since the last annual under other sections of the statute for sundry uses; that we have meeting. Louis C. Southard and Hezekiah Butterworth are the vice-presi­ even allowed John Chamberlin the privilege to erect a hotel on dents, and E. H. Clement, Edwin Ginn, and Leon M. Abbett are the trustees. the Government reservation at Fortress Monroe; that we have There are other officers in the society, not an executive board nor an advis­ ory board, but rather a combination of the two, and n ear the head of the list national cemeteries established and sustained by the Government; is found the name of Mrs. Mary A. Livermore, while Mrs. Julia Ward Howe~ that the legislation concerning the hot springs of Arkansas is a .Mrs. James T. F'ield, Mrs. Susan S. Fessenden, and the mother superior ana recognition of the principle involved in the proposed legislation; all the sisters of the Home for Destitute Catholic Children are among those strongly interested in the society. Ron. John D. Long, Ron. JACOB H. GAL­ and that by sections 24 74 to 24 77 the vast territory known as the Y el­ LINGER, of New Hampshire; Rev. Dr. David Gregg, of Brooklyn; Gen. Charles lowstone Park, With all its natural wonders, has been set apart and W. Darling, of Utica,N. Y.; Rev. Dr.JohnL. Withrow, of Chlcago; Governor ·provision made for its protection for purposes of pleasure and for L. Bradford Prince, of New Mexico; Ron. A. P. LoveJOY, of Wisconsin; Ron. Charles \V. Loring, of Minneapolis; Rev. Minot Savage, the Upham Bros., purposes of pleasure alone. I then called attention to the fact that of the Youth's Companion, and S. W. Manning, manager of the Atchison, in addition to the Yellowstone Park we have the General Grant Topeka and Santa. Fe Railroad, are among the officers. Col. A. A. Pope has National Park, the Sequoia National Pa1·k, and the Yosemite Na­ given $500 to the society as a mark of. his interest, and such men as Dr. Al~rt tional Park, in the State of California, covering a million acres of Shaw, A. Shuman, Col. W. W. Bunting, Noah A. Plympton, John C. Paige, Jeremiah Williams, Dr. Samuel Durgin, George P. Lawrence, the president land, and those parks are established and maintained as pleasure of the State senaw; Ron. William E. Russell, ~n. A. P. Martin, Alfred Hem­ grounds for the people of the United States. I took occasion at enway, W. H. Baldwin, Dr. James B. Bell, Dr. Hasket Duby, Senator Mason that time likewise to call attention to the fact that we have by leg­ of Rhode Island, and Bishop \Vhipple of Minnesota, are either members of tho society or aids to its work. One of the hardest workers in the society of islation provided for the treatment of precisely this class of cases 200 or more members is Dr. C. F. Nichols, the editor o! Folk Lore, one of the in domestic animals, and that we have approp1iated millions of editors o! Science, and a. well-known writer for many of the best magazines. dollars through the Bureau of Animal Industry for this very pur­ He has obtained a large number of influential people as signers of the peti­ tion for land, and has personally superintended much of the business of the pose. A few days ago when the Agricultural appropriation bill society. was under consideration, if I remember correctly, more than half And now to its object. It conducts a system of beneflcient service to the a million dollars was appropriated out of the public Treasury for class of invalids mot numerous and pitiable in the Eastern and Northern States-the consn.nrptives. Beginning at the root of their trouble, all expert the purpose of treating pleuro-pneumonia and similar diseases in physicians are convmced that efforts to produce cures are useless as long as the domestic animals of this country, and nobody objected to it. victims of tubercular disease remain in damp and changeable climates. Phos­ Mr. President, the purpose of the friends of this measure is to phates, cod liver oil, or any other medicines are as unstable as water. Mean­ while the means provided for coUlfortor refuge for the poorer classes, who are do something for the men and women and especially for the youths thrown upon public or private charity, are inadequate. Refused at the bos­ of this country who are suffering and dying from this same ter­ E~~S:· there is nowhere near room enough for the vast number in the estab- rible disease. I said in the remarks that I had the honor of sub­ ents thus far provided, and such as gain admission to the homes for incurables do not last very long. The annual death list from consumption in mitting nearly four years ago in this body that a distinguished this country is about 100.000, and a. large percentage of this number could be sanitarian of this country had made a computation-! will not saved by being sent to parts of the country where the curative qualities of vouch for its correctness-but he made a computation that the the climate have been tested. It has long been known that tuberculous dis· mortality from consumption in Vermont, Maine, :Massachusetts, ease does not flourish in certain localities. Between SOU and 400 invalids have already been sent awa y by the society, and in many, if not all, of the cases New Hampshire, and Rhode Island is 25 in every 100; that in the disease has been checked. New Mexico heads the list of localities with , Delaware, the District of Columbia, New Jersey, subtle curative qualities, defying chemical analysis, but pervading the earth and New York it is 00 in 100; that in Maryland, Michigan, Ohlo, and air of these dry drained places, but Colorado and are included, as well as certain parts of Florida. Pennsylvania, West Virginia, and Washington it is 16 in 100; The property known as the Moses Lyman estate, near Jacksonville, Fla. that in California, Indiana, Kentucky, Minnesota, and Wiscon­ belongs to the association, and it is thought in Congress tha.t the prospect of sin it is 14 in 100; that in Dakota, Iowa, Oregon, Tennessee, and obtaining from the Government a valuable property at La.s Cruces, N.Mex.., is hooeful. This property is Stanton Park, which has been held as a Govern- Virginia it is 12 in 100; that in illinois it is 11 in 100; that in . men£ reserve for disabled soldiers, but its usefulness in that direction is over, Nebraska, Missouri, and Montana it is 9 in 100; that in Colorado, and it was to have been given up the 1st of January. Perhaps the war scare Kansas, Louisiana, and North Carolina it is 8 in 100; that in had some effect upon that decision, for it is still retained. It consists of many acres of land, irrigated, which is an important item in that Territory, and Alabama, Florida, Mississippi, and Utah it is 6 in 100; that in a number of fine, large oUild.ings in good repair. A petition is being signed Arkansas, , and Texas it is 5 in 100, and that ill 1896. CONGRESSIONAL RECORD-SENATE. 3067 '

New Mexico it is only 3 in 100, and the mortality in New Mexico Mr. McMILLAN presented the petition of Thomas G. Hensey comprises not only what would actually come to the inhabitants and sundry other citizens of Le Droit Pru·k, District of Columbia, of that Territory, but likewise includes the numerous persons suf­ praying for the enactment of legislation providing for the exten­ fering from pulmonary diseases who go to that salubrious climate sion of stl·eets and avenues in the city of Washington; which was f1·om our Northern communities in search of health. If I remem­ referred to the Committee on the District of Columbia. ber correctly, only a few weeks ago a statement was made in one He also presented a petition of the Board of Trade of Washing­ of the newspapers of this city that 70 per cent of the deaths of ton, D. C., praying for the passage of the one-dpllar-gas bill, and that week occuring in the District of Columbia were due to dis­ also praying for a reduction in the price of elech·ic lighting in the eases of the respu·atory system in one form or another. These District of Columbia; which was referred to the Committee on figures show that the mortality from this class of cases in the the District of Columbia. country has reached a point that is a matter of actual alarm to He also presented a petition of the Board of Trade of the city of the people who are desirous to ameliorate it, some of whom are Washington, praying for the passage of Senate joint resolution willing to give of their time and of their money to accomplish No. 84, providing for the completion of the wate1· supply of the this very desiJ:able result. · District of Columbia.; which was ordered to lie on the table. The American Invalid Aid Society of Boston, Mass., is a volun­ He also presented sundry petitions of citizens of Washington, tary organization, composed of private individuals who have al­ D. C., praying for the passage of Senate bill No. 1886, or some ready contributed largely of their means, who are sending young similar measure, requiring the Eckin~ton and Soldiers' Home men and young women from our northern country to the Rocky Railway Company t<> adopt rapid trans1t on its lines, and remon­ Mountain region and paying their expenses for the purpose of try­ strating against the extension of the tracks of that company until ing to do something for them in the direction of giving them health its existing lines are modernly equipped and o;gerated; which were and rescuing them n·om this disease, whichisordinarilyincurable referred to the Committee on the District of Columbia. in our northern latitudes. He also presented a petition of Local Union No. 22, Cigar Makers' It seems to me that the Congress of the United States may well International Union of America, of Detroit, Mich., praying for an pause, and, following the precedent that has been established in amendment of the act prohibiting the importation and immigra­ the matter of legislation for the Bureau of Animal Industry, con­ tion of foreigners and aliens under contl·act to perform labor in tribute something out of the funds of the public Treasury, if need the United States, etc.; which was referred to the Committee on be, although that is not asked at the present time, for the purpose Immigration. of rescuing our people from the ravages of pulmonary diseases. He also presented a petition of Central City Lodge, No. 95, In­ After having given millions of dollars out of the public Treasury ternational Association of Machinists, of Jackson, Mich., praying for the purpose of treating our domestic animals and saving the for an investigation of the treatment accorded machinists in the herds of the coUl}try from a similar fatality, it seems strange that Brooklyn (N.Y.) Navy-Yard and other navy-yards in the coun­ Congress should not be equally willing to do something in the line try; which was referred to the Committee on Naval Affairs. suggested by the petitioners. I can not but believe that a ready He also presented a petition of the Merchants and Manufac­ response will come to this appeal from the benevolent and philan­ turers' Exchange of Detroit, Mich., praying for the enactment of thropic people of the country. legislation reducing the rate of letter postage to 1 cent, and also Mr. President, I have taken quite too much time in presenting for the restriction of second-class mail matter; which was referred this matter, but my personal interest in it is very strong. I am to the Committee on Post-Offices and Post-Roads. glad to see that the philanthropic people of this country, the phy­ He also presented the petition of Frank Wells, president, and sicians, the clergymen, the educators, the men connected with Henry P. Baker, secretary, of the Michigan StateBoardof Health, our great newspapers as well, are being thoroughly aroused to praying for the establishment of a national quarantine station at this subject. There is, in my judgment, already in this country Portland, Me.; which was referred to the Committee on Public a sentiment and a feeling that will warrant any reasonable a~tion Health and National Quarantine. on the part of Congress~looking to the doing of something in the Mr. DAVIS presented a petition of the Federated Tl·ades As­ direction that I have indicated. sembly of Duluth, Minn., praying for the enactment of legislation As I have already stated, when the order of bills is reached I defining and concerning punishments in United States courts for shall introduce a bill, to be referred to the Committee on Public contempt; which was referred to the Committee on the Judiciary. Lands for their consideration, looking to the cession of the aban­ He also presented a petition of Local Union No. 37, Interna,­ doned Fort Stanton Military Reservation, in New 1\Iexico, to the tional Brotherhood of Bookbinders, of St. Paul, Minn., and ape­ American Invalid Aid Society of Boston, and I will close by quot­ t.ition of Local Union No. 98, Cigar Makers' International Union ing a paragraph fl·om my f01·mer remarks on this subject: of America, of St. Paul, Minn., praying for the passage of House After all, the highest and noblest purposes of government are to secure the bill No. 3346, to raise additional revenue for the support of the happiness and prosperity of the people, and surely no legislation can be Government; which was referred to the Committee on Finance. thought of that promise so much for the well-beinl:? of a.larg~ class of our citizens as that for which I plead. All over our lana the Macedonian cry is Mr. LODGE presented a petition of theN ational Association of heard and with anxious heart and earnest hope the stricken ones plead for Stationary Engineers, No. 8, of Brockton, Mass., praying for the national sympathy and national help. Surely that cry will not go unheeded; passage of Senate bill .N o. 735, to reorganize and increase the effi­ surely that help will not be withheld. ciency of the personnel of the Navy; which was referred to the Mr. President, I move that the petitions which I have presented Committee on Naval Affairs. be referred to the Committee on Public Lands. Mr. BAKER presented a petition of sundry citizens of Wa­ The motion was agreed to. keeney, Kans., praying for the enactment of legislation amending PETITIONS AND JllEMORIALS. the internal-revenue laws so as to prohibit the issuance of permits Mr. SHEIDfAN presented the petition of Henry W. Voss, of to sell intoxicants in the State of Kansas except to those who hold the National Game, Bh-d, and Fish Protective Association, and a permit by virtue of the laws of that State; which was referred sundry other citizens of Cincinnati, Ohio, praying for the passage to the Committee on Finance. of House bill No. 5729, to regulate interstate traffic in wild game; He also presented a petition of sundry citizens of Topeka, Kans., which was referred to the Committee on Forest Reservations and praying for the adoption of the proposed religious amendment to the Protection of Game. the Constitution of the United States; which was referred to the He also presented a petition of sundry citizens of Shanks, Ohio, Committee on the Judiciary. praying for the adoption of the proposed religious amendment to Mr. ALLEN presented a memorial of sundry citizens of South the Constitution of the United States; which was referred to the Dakota, remonstrating against the passage of the Pacific Railroad Committee on the Judiciary. funding bill; which was referred to the Committee on Pacific He also presented a petition of 17 citizens of Columbus, Ohio, Railroads. and a petition of 75 citizens of Canton, Ohio, praying for the enact­ Mr. VEST presented resolutions adopted by the Missouri State ment of legislation giving second-class mail matter, such as reli­ board of agriculture, favoring the enactment of legislation equal­ gious tJ.·acts, full advantage of the act of July 16, 1894; which were izing the grants of land to State universities; which were referred referred to the Committee on Post-Offices and Post-Roads. to the Committee on Public Lands. Mr. PEFFER presented the petition of J.P. Boston and 31 other Mr. KYLE presented a memorial of the Woman's Christian Tem­ citizens of Pittsburg, Kans., prayi.n~ for the adoption of the Chris­ perance Union and of the branch of the Young Woman's Chris­ tian amendment to the preamble of the Constitution; which was tian Temperance Union of South Dakota, and a memorial of the referred to the Committee on the Judiciary. school board of Carthage, S. Dak., remonstrating against the in­ He also presented the petition of Mrs. M. E. Perrine, of Topeka, troduction of military training in the public schools of the coun­ Kans., together with sundry petitions containing 370 signatm·es try; which were referred to the Committee on Military Affairs. of citizens of Kansas, praying for the passage of Senate bill No. He also presented the petition of G. R. N orcott and sundry other 239, to so amend the internal-revenue laws of the United States as citizens of Huron, S. Dak., praying for the enactment of legisla­ to prohibit the issuance of permits to sell intoxicants in the State tion giving to second-class mail matter, such as religious tracts, of Kansas e::x:cept to those who hold a permit issued by virtue of full advantage of the act of July 16, 1894; which was referred to the laws of the State of Kansas; which were referred to the Com­ the Committee on Post-Offices and Post-Roads. mittee on Finance. Mr. PALMER presented a petition of 79 citizens of the State of 3068 CONGRESSIONAL RECORD-SENATE. MARon 23, ll~ois, praying for the passage of House bill No. 2626, for the praying that all soldiers and sailors who lost their· sight in the protection of agricultural staples by an export bounty; which was United States service or in the line of their duties, be granted a referred to the Committee on Finance. pension of $20 per month; which was referred to the Committee He also presented the petition of Frank M. Hannah and 41 other on Pensions. citizens of Foosland, ill., praying for the adoption of the proposed He also presented the petition of H. L. Potter, late colonel religious amendment to the Constitution of the United States; Seventy-first Regiment New York State , praying that the which was referred to the Committee on the Judiciary. pay of veterans in departmental or other service of the United Mr. WALTHALL presented a joint resolution of the legislature States may not be stopped for less than six months' absence on of the State of Mississippi, praying Congress to grant a township account of sickness or disability; which was referred to the Com- of United States land in the State of Mississippi for the support mittee on Military Affairs. · and maintenance of a hospital, medical college, and bureau of vital He also presented a petition of Island City Lodge, No. 388, In­ statistics of the University of Mississippi, to be located at Vicks­ ternational Association of Machinists, of Moline, lll., praying for burg, Miss.; which was referred to the Committee on Public an investigation into the condition of machinists employed at the Lands, and ordered to be printed in the RECORD, as follows: BrooklynNavy-Yard, andothernavy-yards in the country; which Joint resolution of the legislature of the State of Mississippi, memorializing was referred to the Committee on Naval Affairs. the Congress of the United States to grant a township of the United States Mr. BRICE presented a petition of 55 citizens of Canton, Ohio; land in the State of Mississippi for the support and maintenance of a hos­ pital medical college and bureau on vital statistics of the University of a petition of sundJ.·y citizens of Ohio, and a petition of 17 citizens Mississippi, to be located at Vicksburg, Miss. of Columbus, Ohio, praying for the enactment of legislation giv­ Whereas there are large areas of United States lands in the State of Mis­ ing to second-class mail matter, such as religious tracts, full ad­ sissippi, and the grant of such lands for educational purposes is at all times vantage of the act of July 16, 1894; which were referred to the commendable legislation: Therefore be it Resolved by the senate (the house CO'ItC'Url"ing), That the Congress of the United Committee on Post-Offices and Post-Roads. States is hereby respectfully memorialized and requested to grant a town­ He also presented a petition of the National Game, Bird, and ship of United States land s1tnated in the State of Mississippi in trust to the Fish Protective Association, of Cincinnati, Ohio, praying for the State of Mississippi, for the support and maintenance of hospital medical college and bureau on vital statistics of the University of Mississippi, to be adoption of an amendment to the interstate-commerce law, pro­ located at Vicksburg, Miss. hibiting common carriers from transporting any game for sale, for Resolved, That the secretary of state be, and he is hereby,required to market, or for storage out of such States and Territories as have transmit a copy of this joint resolution to the Senators from Mississippi, to be presented to Congress, and also copies to each of the Representatives of nonexport laws; which was referred to the Committee on Inter­ this State. state Commerce. Passed the house February 28, 1896. Mr. BAKER presented additional papers to accompany an FRANK A. CRITZ, amendment submitted by him March 18, 1896, intended to be pro­ Speaker pro te:mpore of the House. Passed the Senate February 14, 1896. posed to the Indian appropriation bill; which were referred to the J. H. JONES, Committee on Indian Affairs. President of the Senate. Approved March 6, 1896. REPORTS OF COMMITTEES. A. J. McLAURIN, Governor. A true copy. Mr. ALLEN, from the Committee on Indian Affairs, to whom J. L. POWER, Secretary of State. was referred the bill (S. 2454) restoring the Santee Sioux Indians, Mr. TURPIE presented the petition of John W. Zehring and of Nebraska, and the Flandreau Sioux Indians, of South Dakota, sundry other citizens of Indianapolis, Ind., praying for the enact­ formerly known as and being a confederacy of the 1\!eda wakanton ment of legislation giving to second-class mail matter, such as and Wapakoota Sioux Indians, to all rights, privileges, and bene­ religious tracts, full advantage of the act of July 16, 1894; which fits enjoyed by them and their ancestors under the treaties of 1837 was referred to the Committee on Post-Offices and Post-Roads. and 1851, and for other purposes, reported it with an amendment, Mr. FRYE presented a petition of the Massachusetts State and submitted a report thereon. Board of Trade, praying for the establishment of a department of Mr. MORRILL, from the Committee on Public Lands, submit­ commerce and manufactures; which was referred to the Commit­ ted a report to accompany the bill (S. 698) to provide for the erec­ tee on Commerce. tion of an additional fireproof building for the National Museum, Mr. MITCHELL of Wisconsin presented the petition of Ira heretofore reported from that committee. · Harris, of West Superior, Wis., praying for the passage of House Mr. McMILLAN, from the Committee on the District of Colum­ bill No. 5555, authorizirig the Secretary of the Navy to organize bia, to whom was 1·eferred the bill (8.1781) making an appropria­ national naval volunteers in States bordering upon the Great tion to furnish flags for the schoolhouses of the District of Colum­ Lakes; which was referred to the Committee on Naval Affairs. bia, reported it without amendment, and submitted a report He also presented a petition of Reader Lodge, No. 299, Interna­ thereon. - · · tional Association of Machinists, of Milwaukee, Wis., praying for He also, from the same committee, to whom was referred the an investigation of alleged abuses in the treatment of machinists bill (S. 2321) to authorize and regulate the sale of unclaimed at the Brooklyn (N.Y.) Navy-Yard and other navy-yards in the freight, baggage, and other property in the District of Columbia, country; which was referred to the Committee on Nava.l Affairs. reported it with an amendment, and submitted a report thereon. He also presented a petition of the Oshkosh (Wis.) Association He also, from the same committee, to whom was referred the of Engineers, and a petition of the Association of Stationary En­ bill (S. 2359) defining the standard shape and size for dry measures gineers of Milwaukee, Wis., praying for the passage of Senate bill to be used in the District of Columbia, and for other purposes, No. 735, to reorganize and increase the efficiency of the personnel reported it without amendment, and submitted a report thereon. of the Navy; which were referred to the Committee on Naval He also, from the Committee on Commerce, to whom was re­ Affairs. ferred the bill (H. R. 5363) authorizing the construction of a fog Mr. COCKRELL presented a petition, in the form of resolutions signal on the north pier of the entrance to Menominee .Harbor, adopted at the annual convention of the Missouri Roads Improve­ Wisconsin, reported it with amendments, and submitted a report ment Association, held at Columbia, Mo., praying for the passage thereon. of House bill No. 5462, establishing engineering experimental sta­ He also, from the same committee, to whom was referred the tions in connection with the colleges established in the several bill (H. R. 55) for the establishment of alight-house and fog-signal States under the act of July 2, 1862; which was referred to the station at or near Big Oyster Bed Shoal, New Jersey, reported it Committee on Agriculture and Forestry. with amendments, and submitted a report thereon. He also presented a petition, in the form of resolutions adopted Mr. HOAR. I am directed by the Committee on the Judiciary, at a meeting of the Missouri State board of agriculture, held at to whom was referred the bill (S. 1135) to amend the act creating Jefferson City, Mo., 1\!arch 3, 1896, praying for the enactment of the circuit courts of appeals, and for other purposes, to report legislation providing for the final adjustment of the a~icultural adversely thereon. lands granted to Missouri for the equalization of lana grants to I will state that what is contained in this bill has been passed the State universities and for the e~tablishment of engineering by the Senate in other bills with the exception of one section. I experiment stations in connection with the colleges established in move that the bill be indefinitely postponed. the several States under the act of July 2, 1862; which was referred The motion was agreed to. to the Committee on Agriculture and Forestry. Mr. HOAR, from the Committee on the Judiciary, to whom :M:r. ALLEN (for Mr. THURSTON) presented a petition of sundry were referred the following bills, reported adversely thereon, and citizens of Bartlett, Nebr., praying for the enactment of legisla­ the bills were postponed indefinitely: tion giving to second-class mail matter, such as religious tracts, A bill (S.1619) to enlarge the jurisdiction of United States com­ full advantage of the act of July 16, 1894; which was referred to missioners; the Committee on Post-Offices and Post-Roads. A bill (S. 2534) to amend section 4193 of the Revised Statutes, Mr. CULLOM presented a memorial of sundry citizens of relating to the record of bills of sale, mortgages, hypothecations, Towanda, ill., remonstrating against the keeping of the statue of and conveyances of vessels; and Pere Marquette in Statuary Hall; which was referred to the A bill (S. 2561) amending section 5347 of the Revised Statutes of Committee on the Library. the United States, relating to offenses by masters and officers of He also presented the petition of W. D. Miller, of Alton, ill., American vessels. 1896. CONGRESSIONAL RECORD-SENATE. 3069 :

Mr. HOAR, n·om the Committee on the Judiciary, to whom was tion of the United States relating to the election of Senators by referred the bill (S. 2263) to provide for the settlement of accounts the people be printed in the RECORD. and claims in certain cases, asked to be discharged from its further The PRESIDING OFFICER (Mr. BACON in the chair). Is there consideration, and that it be referred to the Committee on Claims; objection? The Chair hears none, and it is so ordered. · which was agreed to. The report, submitted by Mr. MITCHELL of Oregon, from the He also, from the same committee, to whom was referred' the Committee on Privileges and Elections, on the 20th instant, is as bill (S. 2546) concerning the court of appeals in the District of follows: Columbia, reported it without amendment. The Committee on Privileges and Elections, to whom was referred S. R. 6, He also, from the same committee, to whom was referred the being" Joint resolution proposing an amendment to the Constitution of the United States providing for the election of Senators by the votes of the quali­ bill (S. 811) to provide a district attorney and a marshal for the fied electors of the States," having had the same under consideration, beg to western judicial district of the State of South Carolina, reported submit the following report: it without amendment. Article V of the Constitution of the United States provides, among other things, as follows: Mr. VILAS, from the Committee on the Judiciary, to whom "The Congress, whenever two-thirds of both Houses shall deem it necessary, was referred the bill (S. 2346) to prescribe the times and places of shall propose amendments to this Constitution, or, on the application of the holding the district court of the United States in and for the dis­ legislatures of two-thirds of the several States, shall call a convention for trict of Alaska, reported it without amendment. proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of Mr. PLATT. On Friday last I reported from the Committee three-fourths of the several States, or by: conventions in three-fourths on Patents an amendment to the legislative, executive, and judi­ thereof, as the one or the other mode of ratification may be proposed by the cial appropriation bill and had it referred to the Committee on OoniP'ess." Appropriations without printing. I present the same amendment sd~~l~~rsuance of this grant of power the pending amendment has been now, and ask that it may be printed. The men who framed the Constitution, conceding the probable necessity of The VICE-PRESIDENT. It will be so ordered. amendments in the future, did not leave the question either as to the nght to amend or the mode of doing it an open one, but in the provision just Mr. PLATT. From the Committee on Indian Affairs, I propose quoted wisely provided the means and the manner whereby amendments an amendment to the bill making appropriations for the Indian could be made. What\ therefore, are some of the more weighty reasons why service, and ask that it may be printed and referred to the Com­ this amendment shoula be deemed advisable and what, if any, are the obJec· tions that may be properly urged against its adoption? Before procaeding-l mittee ori Appropriations. It is an important amendment. It however, to a statement of some of the reasons in favor of this proposea deals with the condition of affairs in the Indian Territory and change in the manner of electing Senators of the United States, reference authorizes the commissioners already appointed to perform addi­ will be made to one or two principal objections thereto. The first objection is the general one that no change in the fundamental tional service. law should for any reason be attempted. That no change should be made, The VICE-PRESIDENT. The amendment will be printed and except for the gravest of r easons, is conceded by your committee; but the referred to the Committee on Appropriations. fact that already the Congress and the legislatures of a sufficient number. of Mr. JONES of Arkansas, from the Committee on Indian Affairs, States have decided as to the necessity of fifteen different amendments ought to be of itself a sufficient answer to the general objection that the funda­ to whom was referred the bill (S. 835) making an appropriation mental law should not for any res.sou be interfered with. to survey the lands of the Five Civilized Tribes in the Indian Recognizing, therefore, the fact that reasons to be assigned for any pro­ Territory, and for other purposes, reported favorably thereon, posed change should be of the most cogent nature, well grounded and unas­ sailable, your committee have approached the consideration of the pending and moved that it be referred to the Committee on Appropriations; proposition with a full ap'Preciation of the gravity of the subject and of the which was ag1:eed to. 1mportance of the public mterests involved. That any change in any of the Mr. CARTER, from the Committee on Public Lands, to whom provisions of the general charter should be made for any mere trivial cause, was referred the bill (S. 2284) for the relief of homestead settlers :it~ea~~~n~0tfa~J'd~ere sentiment, is a proposition to which your com- in Gregory County, S. Dak., reported it with amendments, and THE RELATION WHICH THE STATES RESPE

Sta-te, however wide might be the difference as to important property rights fact, vote directly .at all, but must content himself with casting a. vote for population, wealth, influence, or power. !Jlembers of the leg'lSlature, who may or may not properly represent hls wishes After much discussion the last-mentioned proposition was finally agreed m the vote they may cao;;t for Senator. It carries with it the implication that upon, namely, tha.t e:u:h State should have precisely the same represent ation the people, the qualified voters of a State, are, for some r eason, unfit for the in the Senate of the United States.. and in that decision, and not in the d.eelliion full exercise of the elective franchise, except in a qualified and largely re­ as to the mode or manner of electing Senators, is to be found the declaration str~cted sense. The present system is in practice, purpose, and effect a decla· of the doctrine that the Senate represents the States in their political or sov­ t•ation~hat for some occult reason, which is in no way made manifest,_ it is nn· ereign capad.ty rather than the people of the States. safe an'd prejudicial to the public interests to commit the election of cenato1·s Tho question as to whether the Senate should be the representative of the to a vote of the people. States rather than of the people was one upon which there was a wide diver­ The present system is a reflection either upon the honesty, the capacity or sity of opinion among the different members of the Constitutional Conven­ both, of the voting class of the several States, while its tendency to wound the tion. 1\!r. Madison held strongly the affirmative of the proposition. and sensibilities of the voter in depriving him of his right as a sovere_ign to vote declared in terms that "the Senate does not represent the people, but the directly tor his choice, and thus in a meas11re separating the people from the States in their political capacity"; while others, notably .Mr. Wilson of Penn­ choice of the legislature and impairing the harmony and unity of feeling sylvania, held the contrary view. The large preponderance of sentiment, which ought to exist between the masses of the people an.d their representa­ however, seemed to be in accord with the opinion held by Mr. MadiEon. tives, whether of the House or Senate, is plainly manifest. Whatever might be the present >iew, however, or the different views in ref­ erence to this matter, it is perfectly clear to your committee that a change THE PROPOSED AMENDMENT IS AN E1'."'LARGEMENT OF THE RIGHT OF SUF­ in the mode or manner of selecting Senators would not in the slightest manner FRAGE ON · THE PART OF THOSE ENTITLED TO ITS EXEROJSE UNDElt EX­ ISTING LA. WS, AND IT TENDS TO RENDER IMPOSSIBLiil THE USE OF IM· interfeye with it. PROPER METHODS TO INFLUENCE SENATORIAL ELECTIONS. The~nvention ha.vingdecided that the representation in the Senate should be equally a pportioned as between all the States, another and scarcely less No system, in the opinion of your committee, can be properly term<:~d frea or republican which deprives the individual voter of his ri~ht to cast his !:~~!i ~d ~:id~r~~ :~dth:t~~i:~ ofa~~=t~~r:~~e j{a~:h~~J vote directly for the man of his choire for any legislative office, whether it have. Many of the members preferred a small number, and one Senat.or be for member of a State legislatUTe, Member of the National House of Rep­ from ea.ch State was urged by many members as the proper number, while resentatives, or United States Senator. others advocated three as a proper number. , of New Again, while it is possible that theindncementsof a wealthy and unscru-pu­ York, insisted on three for each State and submitted a motion to that effect. loul;l ~pu·ant for Senator~al honor~ may reach and improperly influence the In SUpPOrt of it be said: "If two only should be allowed to each State and a maJority of a small body m the legiSlature, such a thing would be absolutely majorJty be made a. quorum. the power would be lodged in fourteen mem­ impossible were the decision left to the great mass of voters. bers, which was too small a number for such a trust"; and finally, after long THE MA'l"ERIAL INTERESTS OF THE STATE SUFFER BY REASON OF PRO­ and able. discussion, it was agreed that each State should be entitled to two TR.A.OTED SENATORIAL OONTESTS IN THill LEGI.SLATURE, WHICH ARE OF Senators, and a provision to that effect became a part oi the fundamental FREQUENT OCCURRENCE. law, has remained a par-t of it ever since, and. in the opinion of your com­ mittee, is, and forever should be, unchangi:lable. Another unanswerable objection, as it seems to-your committee, to the pres­ It is tbel'e:fore ma.de apparent to your committee that the question as to ent system of electing Senators is to be found _in the great length of time fre­ whether the Senate of the United States ·should be regarded a.s the repre­ quently consumed by the legislature of a State in the election .of a Senator sentative of the States, respectively, in their political capacity, rather than and the consequent distraction of the legislative mind from business which as the representative of the people of the States, was determined in so fa.r as all agree properly belongs to such a body, to say nothing of the strife, ill feeling, that question ev-er has been determined, not by the mode or ma.nner in which and contentiOn t~a~ too often follow necessarily in the wake of such contests. Senators should be chosen, not in the determination as to the number of How frequently ts It the case that these contests are carried on not on.ly for weeks, but sometimes for months, during the whole session of a.legislature Senators that each State should have, hut rather in the consideration and 1 d etermination of the que tion as to the fixed ratio of representation that each to the great detriment of other important public busines , tG say nothing or State should have in respeet to all its sister States in the Senate of the Unitf>.d the expe-nse to the State that must neoessa.rily accrue. Why, then. not have Sta.-tes. Therefore the objection is not tenable that any proposed change in the election·of Senators determined on a. day fixed and certain, as in the case the mode of electing Senato:rs can be properly regarded as an attempt to de­ of members of the Honse Y pri'1'e the States, :respectively, as States).. m their soverei~ or political capac­ It seems to your committee that the history of Senatorial elections in anum­ lty,of their l~aal representation in the :::>ena.te of the Uruted States. ber of States in the last few years, resulting in several eases in contests pro­ long~d throughout the . e~tire session of the le~latures and~ failures to electl .NO CHANGE .lN OUB SYSTEll O F GOVERNMENT I S SUGGESTIID BY THIS and mother cases m smnlar contests occup:nng a gr-eat portion of the time or AMENDME.l.~T. ·the entire sessions of the legislatures1 ought of itself to be a convi.ncing argu­ The -proposed amendment suggests no change whatever in our system of ment in favor of the pr oposed changem the manner of electing United States g overnment in respect to the relations of the different departments to ea-ch Senators. other. It neither recommends nor provides for any departure from the The long contest in the legi~latnre of the State of New York a few years established relations between the two branches of the legislative department ago has not been forgotten. The contebt before the legislature of the State of the Government or from the existing relation that the Senate of the of Oregon of the session of 1882 t'IXtended through the entire session, result­ United States bears to the States., respectively. Nor doe it suggest any ing in an election at t-he last moment of the session. A similar .contest oc­ change in the rel-'l.tion of the States to the General Government. It does curred in the last Oregon le-gislature-to the great detriment of the publio propose a change, however, in the mode-only this, nothing more-by which business. In 18~93 the legislatures of the States vf Washington, Montana, the States respectivcely. and the WOJ>le thereof shall choose their represent­ and Wyomin~ were severally engaged from the be~ning to the end of the atives in the Senate of the United States. Under the present provibious of sessions of saJ.d legiBla..tures m-endeavor to elect U ruted Sta tcs Senators-one the Con.omtutlon they are chosen b¥. the legislatures of the States, respec­ in Wa~ngton. one in Montana, and one in Wyoming-the effort in each case tively. The p1·oposed amendment Wlll change this, so that instead of the leg­ proving an entire failure and resulting in the appointment of a Senator from islatures the people or qualified electors of a State shall elect the Senators eaople-the qualified electors of those States? That is the is it true that in the selection of members of a State legislature, at a time p recise question involved in the proposed constitutional amendment. when such legislature has as one of its duties the election of a Senator, every Who a:re more entitled to speak for the Sta.te than the people of that State consideration is lost sight of excert the solitary one as to how candidates if in their individual and collective capacity as qualified electors? And if en­ elected will vote on the question o the Senatorship. Will they vote for this titled to speak, then why not directly and for themselves, and not through man or that man, or against this one or the other one, are the principal ques­ their rep~ntatives in State legislatures? tions asked. These are the i.-;sues in such a campaign, while the question as The proposition to elect by the people is, it is believed, elemental as well as to the candidate's qualifications for the business of generallegi lation or the fundamental when con..o;;idered in connection with the underlying principle views be entertains with reference to the greet material interests of the uyon which individual suffrage is based. His right to vote, accorded to the State-internal improvements, assessments, taxation, revenue, corporations~ 01tizen for all legislative officers, which can not be deuied or abridged, either appropriations, trusts, municipal affairs, salaries and fees of officers, civil ana by the United States or by any State on account of race, color, or previous crunlna.l code, apportionment, and other like important subjects-are wholly condition of servitude, carries with it the implication. except that implica­ lost sight of. Who does not believe that not unfrequent.ly are the most vital tion is destroyed by another provi.-rion of the Constitution, the right to ex­ interests of the State made to suffer, and in a marked degree, from the very ercise such privilege not only fr-eely but directly, not through the medium fact that the question of the election of a Senator is a distracting and dis­ of a. vica.rious a~ent. Members of the National House of Representatives and turbing element, not only in the selection of members of the legislature. but United Sta.te8 Senators a.re, under our system, recognized as elective officers, also in the legislature itself? as contradi!'itinguisbed from those Federal judges, for instance, who do not PUBLIC OPINION DE.~"DS THE CHANGE. come vithin that category, but are appointed. But in all elective officers. as above stated. each individual voter has a spe­ But not among the least objections to the present system, and one which cial interest, which it is presumed he has under our general system of suf­ should not be ignored or passed over lightly, is the fact that there is great frage a right to promote at the polls. That right, it is submitted, should not unrest in the pn blic mind on this question. Popular opinion has taken hold be charged with restrictions which prevent its full, fair, and effecti>e exer­ of the subject, and the demand for this change is loud and emphatic; pro­ cise. What the citizen is permitted to do as hereinbefore stated, indirectly nounced, as it is imperative; earnest, as it seems to be, almo;;t unanimous, i.8 and through the means of a ·vicarious agent in the matter of suffr~e. be among the great masses of the people. The belief in the public mind rap­ should be permitted to do, it is respectfully submitted, directly and m his idly gaining that proper deference is not given by the Senate of the United own right and in his own proper person. If the individual voter has any in­ States to the demands and interests of tbe {>eople, and that is laro-ely due to terest to be represented by a Senator of the United l:!tates apart from that the fact that Senators d-o not owe their positions to ~e people, who are per­ general interest he has in the maintenance of the di.~ty and the preserva­ manent, but to the legislatures, which are transient. tion of the rights of the State in its sovereign or political capacity-and be It is q_uite immaterial a.s to whether this belief in tbe public mind is well d oubtless has, or at least should have-and if he has a right to represent that founded or otherwise. It exists, and there is. in the judgment of your com­ interest in any Dl&nner whatever at the ballot box, as it is believed he has or mittee, but one means of removing it, and that is by a change in the mode of should have. then. in the opinion of your commi'ttee, he should be permitted electing Senator£, by which the qualified electors of eaoh State shall have the to do so directly. right to vote directly for their choice. for Senator. Restrictions of any kind upon the r ight of those entitled unde.r the law t-0 the elective franchise in a !rilE PROP OSED AMENDMENT IS A JUST TRIBUTE TO TI'I"R INTELLIGENCE AND re-public which tend t o prevent a full, fair, and direct expression at the bal­ INTEGRITY 0 11' THE INDIVIDUAL V OTER. lot box of the will of each individual voter.. whether native or foreign born, One weighty and principal objection to t h e presen t system of elect ing Sen­ w h ite or black, are obnoxious to the great fundamental idea upon which a a tors by t h e legisla-tures of the r espective States is that the power a.nd right free ~vernment is based. And not the least offensive of any of t h e restriction s of t h e in.dividu&.l voter a.re h edged about and ¢rcumscribed, his will is m a n­ now rmposed under our ~rese:n.t system is, as has been indicated in this r ep ort, acled. his volition paralyzed> he ca.n not vote for hia choice, Re oe.n uot, in that which deprives thellldivid~l voter of the right to cast his vote directly, .. 1896. CONGREBSION AL RECOR~D-'SENATE. 3071

and without circumlocution through ricarious instrumentalities. for his said to the contrary, 'Whatever may be thought of the sanctity of the Consti­ choice for United States SeiJB.tol's; and not until this restriction i.s removed tution as it st.and.s, it must be admitted by all that the people are becomi~ will our Republic rise to the true dignity and grand~r implied in the phrase restive under its res'trillnts on the right of those entitled under the Consti­ ".An absolutely hee and independent rep1·esentative gov~rnment ''-repre­ tution and law to exeroise the e'l.ective franchise. sentative in its oeha.r.acter as much :i:n the mpde of electing it-s il'ulers and law­ '.rhe times are changing as the light of republican influence expands and makers as !in the making, inteJ'llretation, and execution of its laws. the spirit of true democracy is exalted, and with these changes the voice of the people. in their majesty as sover~igns, is being heard throughout our THE .RAP-ID GROWTH OF PUBLIC OPINION IN FAVOR ().F lrHE PROPOSED land. The movement of the people in the interest of the people on this, as r .A..ME'ND JIE~T . ' on many other questions, is stalwart and universal, and the sooner this great For the purpose of showing the marvelously rapid growth within the limits fact is recognized by the representatives of the people the better. of Congress alone of the s timent in favo1· of this proposed change in the But not only so. It is a. fact that must be apparent to all that during recent matter of electing UIJited States Senators, attention is attr.3cted to the fol­ ye<~.rs :m impression, deep-seated and threatening, whether well founded or ~~ record f cts: otherwise. has obtained in t.he Americ..'tn mind and among tho masses of the Dunng the first sessioL n mu.tual forbearan.ce and respect, a.s between the Senate and the people, which that day he made an extended argument in its support (see CoNGR£ SIONAL unfortunately does not now exist to that degree that is desirable. It will RECORD); rt.fter whieh, on his motion, it wa.s referred to your committee; the restore confidence. It will dissipate all cause, excuse, and protext for unjnst third being joint resolution (S. R. 37) presented by Senator PALMER of illi­ criticism. It will tend to elevate the character. ad vance the dignity, increase nois February 2, 1892. the usefulness, extend the influence, and justly magnify the power of th~ In the House of Representati'Ves at the first session of the Fifty-second Con· Senate, and :at the same time promote the welfare of all the people of the gress no less than 17 similar amendments were introduced into that body by Republic. as many different R~:presentativ~s{)f the people, representing as many differ­ Your committee therefore, after mature consideration and for the reasons ent States. In this Fifty-second Oongr-ess, on Janua-l'"y 16..1893, .a joint r~olu­ herein s.tated, beg respectfully to report back Senate joint resolution No.6 tion proposing .an amendment to the Constitution, Similar to that now. re­ with the foll{)wing verbal amendments in phraseology and racom.merui ita ported by your committee., passed the National House of Repl'esentatives by passage. over a two-thirds vote, w bile in the Fifty-third Co:agress3 similar-amendments Al!ENDYENTS. were pr&.:~ented in the Senate and 12 in the House by as m&ny members, and on First amendment: In line 11, page 1, strike out the word .. direct.., and in­ July 21, l!:i9!, one of these amendments passed the Hon£e1 the vote being-yeas sert in lieu theroof the word •• plurality." 141. nays50. Butthisformidahlemovementin()ongressmfavor-ofthisc~e Second amendment: In lines 14 and 15, IJage 2. strike out the following is not surprising- when the fact is stated that nine States-Oreg.on, Oaliforma, words: "and a plurality shall elect.'' Idaho, Iowa, Wisconsin, Indiana. Kansas, Wyoming, -and last, but not least, Third am~ndment: In lino Hi, page 2, strike out the following words: "U the great State of Ohio-have through their legislatures instructed in favor vacancies happen by registration," and insert in lieu thereof the following: of this amendment. ~~~!~?n vacancies happen in the representation from any State by resignar PUELIO OPIN108 ON THIS SUBJECT HAS UNDERGONE A llfATERIAL QII.ANGE SINCE Tlill ADOPTION OF THE CONSTITUTION. Fourth amendment~ In line 20, page 2, strike out the word "'direet.u Many restrictions on the right of suffrage in addition to those now recog­ BILLS INTRODUCED. nized by our present system were suggested and strongly urged in the Con­ stitutional Convention by many leadin~ and influential members of that dis­ Mr. FAULKNER introduced a bill (S. 25n1) for the relief of titljplished body. Among these was tne proposition to limit the right of the Methodist Episcopal Church at Webster, W.Va..; which was suftrage to freeholders, although at that time 9 of the 13 States had extended read twice by its title. and referred to the Committee on CLaims. it~;~~!t~f1~~~~age beyond freeholders and -eliminated this restriction from Mr. FRYE introduced a bill (8. 2r>9'2) to provide for a commis­ In tbe Constitutional Convention, while the opinion that members of the sion on the subject of the alcoholic liquor traffic; which was read House of Repre~entatives , or the House of Delegates, as it was det:dgnated in the original plan, should be elected by the people, largely predominated, twice by its title, and referred to the Committee on Education there was a very large and influential sentiment to the contrary, and on the and Labor. final vote in the convention as to whether the members of the House of Rep­ Mr. GALLINGER introduced a bill (S. 2593) granting to the resentat-h· honld be elected by the people, two States, New Jersey and South Carolina, voted in the negative; the States of Connecticut and Dela­ American Invalid Aid Society,of Boston. !lass., the abandoned ware were divided, while Massachusetts, New York, Pennsylvania, Virginia, FortSta.nton Mil~taqr Reservation., in~ ew :Mexico, for the purpose North Carolina, and Georgia. voted in the affirmative. of a national samtanum for the treatmentof pulmonary diseases· , of Uonnecticut; , of Massachusetts, and PiPrce Butler, of South Carolina, contended vigorously, ably, and with which was read twice by its title, and referred to the Commi~ marked persistency that they should be chosen by the legislatures of the on Public Lands. St-ates, respectively, in the same manner substantially as United States Sen­ He also introduced a bill (S. 2594) granting an increase of pen­ a.tors are now chosen. Roger Shel'm.an. in the cow·se of the debate, made this declaration: "The people immediately should have as little to do as may sion to. William A. Beckf.ord; which was read twice by its title. be about the Government." and, With the accompanymg papers, referred to the Committee on Opposed to these views, however, were James Ma.dison, of Virginia; James Pensions. Wilson, of Pennsylvania. and others. Mr. Madison declared that be "thought Mr. LODGE introduced a bill (S. 2595) for the relief of George that the great fabric to be rai ed would be more stable and durable if it should reston the solid foundation of the people themselves than if it should M. ~m.ith, late actin~ third ~ssist:ant enginee_r, United States Navy; stand merely on the pillars of the legislatures,., w bile J.ames Wilson, of Penn­ which was read tWice by 1ts t1tle, and, With the accompanying sylvania, in his advocacy of elections by the people, said," I am in favor of paper, referred to the Committee on Naval Affairs. raising the Federal pyramid to a considerable altitude, and for that reason I wish to give it as broad a base as possible. No government can long subsist Mr. BAKER introduced a bill (S. 2596) amending the act ap­ without the confidence of the people." proved January 5, 1893, relating to the increase of pensions to CONCLUSION. those who served in the Mexican war; which was read twice by In conclusion, it is submitted by your committee that something-indeed, its title, and referred to the Committee on Pensions. very much-is dne to public opinion in this country. It must be qnite appar­ He also introduced a bill (S. 2597) granting a pension to Flo­ ent to all that the prevailing opinions of 1787, as reflected through the records and history of those days, are not the prevailing opinions uponthesnbjectof rinda Clark, of Leavenworth, Kans..; which was read twice by its .. suffrage, a tleast not to a very grea textent, of the present day. The views held title, and, with the accompanying papers, referred to the Commit­ by many, even of the framers of the Constitution, one hundred years ago and tee on Pensions. over, and which led many of them to suggest in the Constitutional Conven­ tion and insist upon such propositions as that the Senate of the United States Mr. QUAY introduced a bill (S. 2598) to amend an act entitled should be chosen either by the President or by the Rouse of Repr-esentati\Tes, "An act to amend chapter 67, volume 23, of the Statutes at Large that the President and Senators should be chosen for life or during good be­ of the United States"; which was read twice by its title, and, with havior, and other propositions of like character, are, in the great American mind, in the minds of the great masses of the people to-day, obsolete. The the accompanying papers, referred to the Committee on Military opinions not only of the people of the United States but of th.e civilized wn to unlawful interference with justice; which was read twice be heard and heard directly upon the gr.ea.t questions pertaining to govern­ by its title, and referred to the Committee on the Judiciary. ment, an~ in favor, in a word, of a" government by the people and for the people" m the broadest a.nd best sense of tha.t oft-.quoted declaration. The Mr. SHERMAN introduced a bill (S. 2600) granting a pension :peqple demand a. :voioe in tbe ·eleeti

Mr. TURPIE (for Mr. VooRHEES) introduced a bill (S. 2601) Mr. HOAR submitted the following resolution; which was re­ granting an increase of pension to Ambrose B. Carlton; which ferred to the Committee on Rules, and ordered to be printed: was read twice by its title, and referred to the Committee on Pen­ Resolved, That the rules of the Senate be amended by adding the following: sions. "When any bill or resolution shall have been under consideration for not Mr. MITCHELL of Wisconsin introduced a bill (S. 2602) for the less than four days it shall be in order for any Senator to demand that debate thereon be closed. If such demand be seconded by a majority of the Senators relief of James Duke; which was read twice by its title, and re­ present the question shall forthwith be taken thereon without further debate, ferred to the Committee on Naval Affairs. and the pending measure shall take precedence of all other business whatever. Mr. MITCHELL of Oregon introduced a bill (S. 2603) granting If the Senate shall decide to close debate the question shall be put upon the pending amendments. upon amendments of which notice shall then be given, a pension to Michael Lannon; which was read twice by its title, and upon the measure in its successive stages, according to the rules of the and referred to the Committee on Pensions. Senate, but without further debate, except that every Senator who may• desire shall be permitted to speak upon the mea-sure not more than once, and Mr. CARTER introduced a bill (S. 2604) granting to the State not exceeding one hour. of Montana 50,000 acres of land to aid in the establishment and After such demand shall have been made by any Senator no other motion maintenance of an asylum for the blind; which was t·ead twice by its title, and referred to the Committee on Public Lands. ~~~s~~~ ~:i:!e; s~rPf!ftet~~es:g;~d~d".ve been voted upon by the Senate, After the Senate shall have decided to close debate no motion shall be in Mr. ALLEN (for Mr. THURSTON) introduced a bill (S.2605) order but a motion to adjourn or to take a recess, when such motion shall be granting an increase of pension to James M. Simeral; which was seconded by a majority of the Senate. When either of said motions shall read twice by its title, and referred to the Committee on Pensions. have been lost or shall have failed of a second, it shall not be in order tore­ new the same until one Senator shall have spoken u on the pending meas­ He also (for Mr. THURSTON) introduced a bill (S. 2606) granting ure, or one vote upon the same shall have intervened. a pension toW. P. Snowden; which was read twice by its title, and referred to the Committee on Pensions. JOINT SPECIAL COMMITTEE ON CONGRESSIO AL LIBRARY, ETC. Mr. QUAY introduced a bill (S. 2607) to provide for the erection Mr. GALLINGER. By request of the Senator from North Da· of buildings to be used for a hall of records, a folding room for kota [Mr. HANSBROUGH], the chairman of the Committee on the the House of Representatives, and for a storage warehouse in the Library, I offer a concurrent resolution, which I ask may be read, city of Washington; which was read twice by its title, and referred printed, and go over under the rule. I will state that the Senator to the Committee on Public Buildings and Grounds. from North Dakota is absent from the city, and expects to be atr Mr. GRAY introduced a bill (S. 2608) for the relief of the sure­ sent for about one month. For that reason he requested me to ties of Frank A. Webb; which was read twice by its title, and offer the resolution. referred to the Committee on Commerce, The VICE-PRESIDENT. The resolution will be read. Mr. CALL (by request) introduced a joint resolution (S. R.106) The Secretary read as follows: proposing an amendment to the Constitution of the United States; Resolved by the Senate (the House of Representatives concurring), That the which was read twice by its title, and referred to the Select Com­ chairman of the Committee on the Library of the Senate and the chairman of mittee on Woman Suffrage. the Committee on the Library of the House of Representatives and one other Mr. SHERMAN introduced a joint resolution (S. R. 107) to member of the Joint Committee on the Library, to be selected by the two chairmen aforesaid, be. and they are hereby, constituted a subcommittee, authorize Prof. Simon Newcomb, United States Navy, and Prof. with authority to sit during the recess of Congress, for the purpose of inquir­ Asaph Hall, United States Navy, to accept decorations from the ing into the condition of the Con.gressional Library and the Botanic Garden, Government of the Republic of France; which was read twice by and to report upon the same at the next session of Congress, with such rec­ ommendations as may be deemed advisable; aLc;o to report a plan for the or­ its title, and, with the accompanying papers, referred to the Com­ ganization, custody, and management of the new Library building and the mittee on Foreign Relations. Congressional Library and the Botanic Garden; that the said subcommittee Mr. MITCHELL of Oregon introduced a joint resolution (S.R. is also authorized to employ a stenographer whenever necessary during the course of the inquiry; that the necessary expenses of the sittings of the sub­ 108) relating to the Oregon salt springs grant and lands con­ committee, including the pay of the stenographer, be taken equally from the nected therewith; which was read the first time by its title. contingent funds of the two Houses of Congress. Mr. MITCHLELL of Oregon. I ask that the joint resolution be read at length. The Senate, by unanimous consent, proceeded to consider the The joint resolution was read the second time at length, and resolution. referred to the Committee on Public Lands, as follows: Mr. HOAR. I suggesttotheSenatorfromNewHampshirethat, where he says these gentlemen be appointed to constitute a sub­ Resolved by the Senate, etc., That the Department of the Interior shall not committee, the resolution be amended by saying that they be con· dispose of nor patent toa~yone whoms9ever any lands in Oregon conta~nip.g salt springs or salt, as salme lands, until the salt grant made to Oregon m Its stituted "a joint special committee." They are not a subcommit­ act of admission, February 14, 1859 (5 U. S. Stats., page 384), shall have been tee at all. fully satisfied by selections thereof and thereunder, to be made by the proper Mr. GALLINGER. I think that a proper suggestion. . ,·. State authorities of the State of Oregon, and title thereto duly perfected. Mr. HOAR. The resolution should be modified in another .AMENDMENTS TO APPROPRIATION BILLS. place, as the Senator will observe, so as to read" that said joint Mr. PLATT-submitted an amendment intended to be proposed special committee be authorized." by him to the Indian appropriation bill; which was referred to Mr. GALLINGER. That is correct. the Committee on Appropriations, and ordered to be printed. The VICE-PRESIDENT. The resolution will besomodified, in Mr. LODGE submitted an amendment intended to be proposed the absence of objection. The resolution as modified will go over. by him to the river and harbor appropriation bill; which was re­ EMPLOYMENT OF STENOGRAPHER. ferred to the Committee on Commerce, and ordered to be printed. Mr. KYLE submitted the following resolution; which was re· Mr. HOAR submitted an amendment intended to be proposed ferred to the Committee to Audit and Control the Contingent Ex- by him to the legislative, executiv~, and judicial api?ropriation bill; penses of the Senate: · Resolved, That the stenographer employed to report the hearings before which was referred to the Committee on Appropnations, and or­ the Committee to Establish the University of the United States of parties in· dered to be printed. terested in the bill (S.l202) to establish a university of the United States be Mr. PEFFER submitted an amendment intended to be proposed paid from the contingent fund of the Senate. by him to the sundry civi~ appropriation bill; which was t:eferred REPORT ON WAR IN CUBA. to the Committee on Agriculture and Forestry, and ordered to be printed. The VICE-PRESIDENT. The Chair lays before the Senate the Mr. PLATT submitted an amendment intended to be proposed resolution of the Senator from West Virginia (Mr. ELKINS!, pro­ by him to the Post-Office appropriation bill; which was referred posing to instruct the Committee on Foreign Relations to submit a. to the Committee on Post-Offices and Post-Roads, and ordered to report relative to the war in Cuba, which comes over from a pre­ be printed. vious day. WOMAN-SUFFRAGE HEARING. Mr. ELKINS. Let the resolution go over. The VICE-PRESIDENT. Without objection, the resolution Mr. CALL (by request of the chairman of the Woman Suf­ will go over. frage Congressional committee) submitted the following concur­ rent resolution; which was referred to the Committee on Printing: EMPLOYEES OF GOVERNMENT PRINTING OFFICE. Resolved by the Se!'-ate (the HO'USeof Represent_ativesconcurring), Th!ltthere The VICE-PRESIDENT. The Chair lays before the Senate the be printed 5,000 copies of the report of a hearmg before the Colllllllttee on resolution of the Senator from Massachusetts [Mr. LODGE], com· Woman Suffrage January 28,1896. ing over from a previous day. The resolution will be read. _/\ LIMITATION OF DEBATE, The Secretary read the resolution submitted by Mr. LODGE on ·f Mr. HOAR submitted the following notice; which was read: the 18th instant, as follows: Resolved, That the Committe~ on Ci.vil Service and Retrenchment ~. a.nd I hereby give notice of a motion to modify and amend the rules of the Sen- is hereby, en;tp_owere~ to fu~y mvestigate and rep~rt _upon the adllllD.1St_ra­ ate, for the purpose of enabling the Senate to dispatch the 'Public business tion of the CIVIl-serviCe l.aw m the 9-overnment ~rmtmg OffiC?6 as affe~ting more promptly, by the adoption of the accompanymg resolutiOn. the separation from sernce of the 35 ex-employees referred tom the_prmted It is proposed hereby to amend Rule XXII by mserting the l!roposed re- correspondence furnished the Senate under Senate resolution of January solve at the end thereof, and by inserting, after the words 'to amend" 29,1896. therein, the words "except as hereafter provided." The VICE-PRESIDENT. The question is on agreeing to the GEORGE F. HOAR, l ti Senator /T01n Mcusach:usetts:.; - reso u on. J

1896. OONGRESSION.&L -REOORD-SENATE. 3073 -;

Mr. CALL. I ask what ground there is for the resolution? to the committee of conference that they recede from their demand

Mr. LODGE. Some time ago an inquiry was introduced in re­ that the Senate shall take the House resolutions, which no con4 • gard to the enforcement of the law in these particular cases, and siderable number of Senators would take except as coming in thQ : that inquiry was replied to by the Civil Service Commission. All guise of a conference report, and present some resolutions which · the papers were laid before the committee. The committee con­ will be acceptable to a majority of the Senate. sidered the reply and those papers; they also heard informally some Mr. SHERMAN. I should like to say to my friend from Con­ testimony, and they voted unanimously for the introduction of necticut that that course might be followed if we had any assur­ this resolution, that they might have proper authority to investi­ ance whatever that the Senate would then dispose of the report gate the question thoroughly. of the conference committee or pass upon the subject in any way I was not present at the meeting at which the unanimous vote whatever, and dispose of it by passing the Senate resolutions was passed, but I agree entirely with the action of the committee, again, after disagreeing to the report of the committee of confer­ and in the absence of the chairman, the Senator from North Caro­ ence, so that the matter may be ended and a vote had upon the lina [Mr. PRITCHARD], I was requested to introduce the resolution question whether we shall recognize the belligerency of the Cubans and ask for its passage. It is merely a resolution empowering the or not. committee to make the investigation which it'seems to them, on Mr. PLATT. I can only speak for one, but so far as I am con4 the testimony already before them, ought to be made. earned, I do not believe there would be any great trouble in dis­ Mr. HILL. When the resolution was brought up before I asked posing of the Cuban question if the Committee on Foreign Rela­ that it might be laid over. I have made inquiry in regard to it. tions would consent to a disagreement to the conference report and There is no objection to the resolution in the form in which it is take the matter into consideration again, and after careful consid-­ presented. It is not to create an investigating committee within eration present such resolutions to the Senate as they thought a the sense in which that term is ordinarily used. In the form in majority of the Senate would favor. I think the members of the which the resolution is presented I do not conceive that there is committee must be convinced that they can not expect the Sen­ any objection to it. The Public Plinter, I may state, is entirely ate to agree to resolutions one of which declares that we ought ­ willing and desirous that the investigation shall be had if any to be entirely neutral with regard to the conflict going on in Cuba committee of the Senate desires to make it. and another of which declares exactly the opposite, that we ought Mr. CALL. I have no objection to the resolution. I was only to intervene in that conflict. attracted by its subject, having found it extremely difficult, owing Mr. PALMER. Mr. President, I have always had the most to the very rigid manner in.which the civil service is administered profound respect for the rules of the Senate-- in that department, to ol:itain any employment for some very Mr. SHERMAN. · Will the Senator from Illinois allow me a meritorious persons. moment? The resolution was agreed to. Mr. PALMER. Certainly. Mr. SHERMAN. I wish to say that a.s far as the Committee W .AR IN CUBA. on Foreign Relations are concerned, we are, as a matter of course, Mr. SHERMAN. I move that the Senate proceed to the con­ at all times disposed to acquiesce in the judgment of the Senate, sideration of the report of the committee of conference on the dis­ and if a vote can be had upon the question of adhering to the agreeing votes of the two Houses upon the resolutioDB relative to Senate resolutions or agreeing to the report of the committee of the war in Cuba. conference it could be disposed of in a moment, and then, if the The motion was agreed to. report is disagreed to, the matter can be referred again to the com­ Mr. PALMER. Mr. President- mittee of conference for such action as it may choose to take. Mr. CULLOM. I desired to say a word on the motion before it Mr. HOAR. If the Senator will submit that request now, and, was put. carrying out his idea, ask unanimous consent that the Senate dis­ The VICE-PRESIDENT. Tha Chair will recognize the Senator agree to the conference report and insist on its resolutions, then from illinois for the purpose. what he desires can be accomplished. Mr. CULLOM. I simply want to say that I am very anxious to· Mr. SHERMAN. Then why not have the vote formally taken get up the legislative, executive, and judicial appropriation bill, upon the question whether the report of the conference committee but as my colleague [Mr. PALMER] has been already recognized as shall be concurred in? entitled to the floor upon this question, and has been for some Mr. HOAR. I should like to be allowed to make one observa­ days desirous of speaking upon it, I do not feel like interposing tion in addition to what the Senator from Ohio [Mr. SHERM.AN] until his speech is concluded. After that I shall hope to get up has said, if the Senator from Illinois [Mr. PALMER] will allow me. the appropriation bill for consideration. Mr. PALMER. With great pleasure. Mr. CALL. I hope the Senator from Illinois will withdraw the Mr. HOAR. I am willing for one to agree to the resolution request for the consideration of the legislative, executive, and submitted by the Senator from Pennsylvania [Mr. CAMERON], judicial appropriation bill, and allow a vote to be taken upon the which the committee have agreed to now incorporate as a part of conference report. the conference report, if that can be taken by itself; but I do not Mr. CULLOM. If the Senator will excuse me, I did not hear think it is fair that the Committee on Foreign Relations, having his remark. taken up two-thirds or three-quarters of the time consumed in Mr. CALL. I expressed the hopethat the Senator from Illinois discussion, to ask the Senate to whistle opposition to this matter who has charge of the legislative, executive, and judicial appro­ as it stands down the winds in this way, as seems to be proposed priation bill will not a-sk for its consideration, but allow a vote to by my honorable friend from Ohio. He says, substantially," We be taken upon the resolutions in relation to Cuba. have been heard, and if you want to be heard, let us save the time Mr. CULLOM. I am anxious to dispose of the Cuban resolu­ and vote without any further debate." tions, but I can not afford, and I do not think the Senate will be The proposition the Senator last suggested, namely, that the inclined, to allow those resolutions to hang along here indefinitely matter should go back for the reconsideration of the committee of and be in the way of the appropriation bills that must be passed conference, can be accomplished if the Senator will ask unani­ at this session. If I could be assured that we would dispose of the mous consent that the Senate insist on its resolutions and ask for Cuban resolutions to-day I would not be inclined to interfere with a further conference. If the side represented by the Senator from their consideration, but I can not wait longer. Ohio will agree to that it can be done in two minutes. Mr. SHERMAN. I wish to state that I am as anxious as any­ Mr. SHERMAN. Well, Mr. President, I will make that mo­ one could possibly be to have a vote upon the Cuban resolutions, tion-- of course after any debate that is desired. So far as I am con­ Mr. PALMER. I must insist that I have some rights on this cerned, I should be glad to have evening sessions, for I do think floor. under the circumstances in which we are situated, with the war­ The VICE-PRESIDENT. The Chair will state that the Senator fare going on in Cuba, the Senate of the United States owes it to from illinois [Mr. PALMER] is entitled to the floor and claims itself, to the ordinary sense of humanity, to dispose of the ques­ recognition. tion. Therefore, so far as I am concerned, I shall insist upon it Mr. MITCHELL of Oregon. Will the Senator from Illinois that the Senate shall continue the consideration of the resolutions, yield to me for a moment? and hold evening sessions if necessary until the rnatter is disposed of. Mr. PALMER. With pleasure. Mr. PLATT. I will state the trouble about the Cuban resolu­ Mr. MITCHELL of Oregon. I wish to say a word in regard to tions. Three Senators who constituted a conference committee the Delaware election case, which, as the Senate is aware, is a on the part of the Senate agreed without very much deliberation question of the highest privilege, and which, I presume, if insisted to abandon the resolutions which had been passed by the Senate upon, would have the right of way against the Cuban resolutions, and to recommend to the Senate that it should pass the resolutions against appropriation bills, and against everything else. I happen which had been adopted by the other House. I venture to say to have charge of that matter. Last week I gave way from day there are not five Senators in the Senate who approve the House to day for sp~ches on the Cuban resolutions and to other matters. resolutions, but by reason of their being presented to us in a con­ I had expecMa to be able this morning to insist on proceeding ference report there can be no amendment made here. I suggest with the Delaware case until finished. The Senator from Missis- XXVill-193 3074 CONGRESSIONAL RECORD~SENAT"E. sippi [Mr. GEORGE], however, who desires to be heard on the Du Spain. If we could venture to interfere in this matter-at all we Pont case at some length, informs me this morning that he is not ought to use guarded, careful language, such as could be em­ in good health, and that he does not feel that he will be able to ployed in the most important diplomatic correspondence. proceed during the present week. He has made a personal request Again, referring to the tone and spirit of these resolutions, I of me, I having charge of this case, that it may be permitted to refer to the third, ~h reads: go over until next Monday. In view, therefore, of the earnest Resolved, That the United States has not intervened in struggles between desire on the part of the Senator from Ohio to go on with the any Em-opean governments and tb.eir colonies on this continent. Cuban case, and in view of the further fact that there is an appro~ priation bill here ready and being pressed, I am willing to consent That is a mere declaration of a fact which can of itself have no to that arrangement to accommodate my friend from Mississippi, particular importance. Then it is said: with this qualification, that the Senator from New Hampshire But from the VCI'Y close rehtions between the people of ths United States [Mr. CHA...·'mLEl~], who desires to speak on the DuPont case and and those of Cuba, in consequence of its proximity and the extent of the who will be compelled to leave the. Senate some time during the commerce between the two peoples, the present war is enta~ such losses upon the people of th~ United States that Congress is of opimon that the present week, shall have an opportunity to make his speech some Government of the Urut~d States should be prepared to protect the 1egiti­ time dming this week. :t:I¥~ote interests of our citizens by intervention, if necessn.ry. Mr. CHANDLER. I shall endeavor to chip in during the in~ ImafP.ne that a note substantially like this resolution was ad­ termission of othel' essays. [Laughter.] dressed by an American diplomatic representative to the repre­ ])1r. GRAY. I also desire the privilege of being heard on the sentatives of any foreign government. It would be regarded as contested-election case. offensive. What is it? "That the Government of the United 1\lr. MITCHELL of Oregon. The Senator from Delaware [Mr~ States should be prepa1·ed" to intervene-. Intervene in what re­ GRAY] also. desires the same privilege~ spect? What is intervention? Intervention need not be war. Mr. PALl\fER. Mr. President~ I suppose all the members of The meaning is that the United States ought to be prepared to the Senate have heard the stm·y told by JOHN ALLEN of the fellow intervene for the protection of its interests. That is offensive and who ran so fast to get out of a rainstorm. that he fell and tumbled needlessly intrusive. The language is undiplomatic, such as must over and somebody said, " Why do you run so?" Said he, ''I was necessa1·ily give offense, and it has given offense and is giving afraid that the rain would stop before I could get in." I thought offense. at one time this morning from the interruptions, very kindly and I recur again to the first proposition. This Government ought proper, that this matter would be adjusted before I would have not to hesitate to employ language merely because it will give of­ an opportunity to make my speech. [Laughter.] I should be fense if the language is necessary. If the words ought to be very willing to yield at any time, however, if this subject could spoken, then the words will be spoken; and if the words ought to be withdrawn from the attention of the Senate and recommitted be spoken, and are spoken, the Senate of the United States will in any proper manner, so that some resolution might be reported be ready at any time, I have no doubt, to indorse the action of the and brought befo1·e the Senate to which all could agree. Government. But these are needless words. Why throw out in Mr. SHERMAN. Will the Senator allow me to make a sug~ advance this intimation of a purpose to intervene? Why say that gestion? to the world? Why say to Spain words which,. if said to Spain Mr. PALMER. With pleasure. by a representative of the United States, would: be offensive and Mr. SHERMAN. In aid of the public service, and in order to would probably lead to a necessity for intervention, and interven, get these resolutions acted upon by the Senate and out of the way tion by war? . as quickly as possible, I give notice that I shall ask the unanimous These resolutions contain three distinct and unnecessarily associ­ consent of the Senate, after the SenatoT from illinois gets through ated propositions. The propositions are unnecessarily associated. with his speeoh, that the matter be recommitted to the committee What are they? The first resolution asserts that: of conference, which is practically the suggestion made by the Senator from Massachusetts [Mr. Ho..ll]. 1'n the opinion of Congress a state of public war exists in Cuba. 1\lr. PAL:MER. That suggestion, while it will not interfere Mr. President, where is. the proof of that fact? I know that the with my present purpose to address the Senate on the subject of Senator from Ohio [Mr. SHEIDIAN], in his emphatic, earnest way, the e resolutions, affords me a very great deal of satisfaction. said "If war does not exist in Cuba, where out of hell does it ex­ Mr. President, I object to the propositions of the committee, ist?" But the war in Cuba is much as I can imagine a war in hell first, for the reason that their whole tone is unfriendly toward the would be. If the mere fact of slaughter and devastation, outrage Government of Spain. There is, notwithstanding tlie very deco­ and wrong, were war, such war as should be recognized by~ civ­ rous language which is employed, underneath the whole a pervad~ ilized country, I grant the fact exists; but in the international i:ng spirit of unfriendliness toward the Spanish Government. relations of this Government with others we are not permitted to Among the lessons left us in that wonderful legacy of the father assume that mere murder, slau~hter, violence, destruction of prop­ of his country, his Farewell Address, the people of the United erty, is war. In order to find the proper definition for the term States are warned against unreasonable prejudices against any "war" it must exist between two organized parties, two organ­ government or people, and they are also warned against unrea~ ized governments. I do not mean to say that either go"\"ernment sonaple partialities for any. That underlying spiFit of unreason­ need necessarily recognize the existence of the other; I do not mean able prejudice and a spirit of semihostility pervades the whole of to say that a government may not recognize a mere insurrection; the structure of the resolutions before the Senate. bu.t it must- have attained such prop01;tions and such means fm: That this is true will appear very readily to any careful reader preserving order that the people whose belligerency it is proposed of the resolutions. I say nothing now of the declaration a.s to the to recognize have not only the form of a government, but must state of war whjch is alleged to exist in Cuba; but I refer more have some semblance of the power needed to maintain it. particularly to the second resolution, which obtrudes upon the The Senator from Alabama rMr. MORGAN] the other day in the Spanish Government the opinion of Congress as to what ought to course of a side discussion de1ined accurately, in my judgment, be the course of conduct on the part of Spain in respect to its that insurrectionary condition which would -justify a recognition Cuban population~ · of belligerency. The Senator from Maine [Mr. HALE] remarked­ Resolved, That Congress deplores the destruction of life and property caused ! do not repeat his language-that in the beginning of our civil bv the war now waging iu that island, and believing that the only perma.uent war there were proclamations issued threatening to treat some of solution of the contest equall¥ in the interests of Spain, the people of Cuba, and other nations, would be m the establishment of a government by the the adherents of the Confederate government as pirates. The Sen· choice of the people of Cuba, it is the sense of Congress that the Government a tor from Alabama said, ''Why did you not do it?" and then of the United States should use its good offices and friendly influence to that furnished his own answer, ''Because you did not dare do it." end. The point at which a people become belligerents and are entitled The suggestion which is found in this r~solution is, to say the to a recog;nition of belligerency is the point at which they can least of it, jntrusive. It volunteers an opinion to a foreign Gov­ exercise such measure of power as to protect themselves from out· ernment as to what should be its policy with respect to a portion rage. In the case of our civil war, the Confederate government of its subjects; it commits the American Congress to that view of from the very beginning was an organized government. It had the case, so far as these resolutions can be held to commit Con­ its armies, its judicial organization, it was an insurrection at­ gress or anybody else to anything. tempted in the name of the States; and the insurgents had the I may remark, by the- way, that one of my objections to these control of many of the States of the Union. They were a go\ern­ resolutions is that they propose to do that which it is conceded ment; they were able to demand-and that demand was conceded would be useless, if done, in legal, international, or political effect, by the Federal Government-that prisoners should be exchanged; and the practical fact remains that whatever is useless is mis­ that the ordinary rules of warfare should be observed, and when chievous. It can not be otherwise. the Confederate government threatened to hang officers command· It suggests another fact, that the language that the American ing negro troops, I might retort upon the Senc'ttor from Alabama Congress proposes to employ, when addressed to a foreign gov­ and ask why did they not do it? and answer my own question by ernment by the political department of the Govermftent in diplo­ saying, "Simply because the National Government was able to matic form, would be offensive and would probably lead to an in­ protect them." They were able to resent the threat· and that con· tenuption of diplomatic relations between the United States and stitutes, in my judgment, one of the tests, and perhaps the true 1896. CONGRESSIONAL RECORD-SENATE. 3075• test, of that condition to which an insurrection must reach in Cisneros to the people of the United States were genuine, and he ' order to be recognized as belligerent. says as follows: I say that I have heard nothing yet which justifies the affirma- DEAR Srn: The authenticity of theCisnerosmanifestofurnished tothe Star tion contained in the very forefront of these resolutions, that- by Captain Mannix is unquestionable. Had there been auy manner of doubt about its authenticity it would never have a.ppea.red in the Star. All the in· In the opinion of Congress a state of public war exists in Cuba, the parties ternal evide~ce ~nd ~we k:ll.c!w of our correspondent's undoubted facilities to which are entitled to belligerent rights. ~or commumcation With the msurgents confirm this and other importana mformation concerning the doings and sayings of the Cuban leaders. What was the exact condition of things in Cuba at the last ad.vices? I answer the question myself, or I answer by asking I would furnish these papers to the Senator from Illinois so that another. Is there any proof anywhere, furnished to the Senate or he could know exactly the situation there, but they were furnished to the country, that there exists in Cuba to-day an organized gov­ to the Senate some time ago. ernment-not regularly organized, but an organized government? Mr. P ~fER. To the extent that those papers are contained. Is there to-day in Cuba a government to which the United States in the most admirable speech of the Senator from Alabama [Mr. MORGANl I may say that I am familiar with them. I have read can look for the redre~s of such wrongs a-s may be suffered by American citizens? his speech with a great deal of interest and with the most earnest Suppose we concede the belligerency of the insurgents to-day. desire to concur with him not only in his argument, but in his"con­ By doing so we abandon all claim upon Spain for indemnity for c~usions; and if I were not standing here as one of the representa-­ tives of 4,000,000 people, whose interests this.extent and in this whatever outr~o-es the insurgents may commit. From that time to forth the United States undertakes to look to the insurgents alone day are in my keeping and to whom I am responsible I would for indemnity for wrongs and for the protection of the rights of concur in much that has been said by the Senator from ..Alabama. American citizens. Now, I ask the Senator from Ohio, Does the In the beginning of this matter, when the subject of the Cuban proof exist anywheTe that there is such a government in Cuba-I revolution was presented to me, I sympathized with them. But I mean such an insurgent governmen.t-which has such fm·ce or or­ remember to-day that standing here I have no right to indulo·-e in ganization as that the United States may look to that government other sympathies than such as I may commit the people of the for the protection of the interests of its citizens? Where is the seat State of lllinois to maintain. ofS?overnment? I about it. Its armies are fugitive, Mr. MORGAN. Would it suit the convenience of the Senator flymg from place to place; it has no international relations; it has if I should send Cuba's appeal to the desk and have it read? no treasury; it has no judicial organization, so far as I know. It :M:r. PALMER. Very well. is yet unorganized. I suppose the proposition is not denied that Mr. MORGAN. I ask the Secretary to commence with the if the insurgents are recognized by the United States as belligerents second column. it would follow that the United States would concede that Spain The VICE-PRESIDENT. The Secretary will read as indicated. would not be liable for outrages suffered at their hands by Amer­ The Secretary read as follows: icans and for American property; that it would concede that Spain REPUBLIC OF CUBA, EXECUTIVE HEADQUARTERS, Oubitas Mountain, FebJ•uary 1. is no longer to be held liable, and that the insurgent government is To the ..Amm'ican Peop(e: the one to which alone the United States must look for the protec­ tion of its people or the indemnity for their wrongs. er~e~J~t0~~~~.f!~list~~~ublic of Cuba appeals to the grand and pow-- It can not be said, then, with truth, that there exists in Cuba Undoubtedly this action is most unusual in the history of nations but be-­ to-day an insurgent government to the care of which the people cause of the international standing of the Cuban Republic-more c'orrectJ.y because it has no recogniz~d place among the powers of the world-are we. of the United States can remit the protection of the rights of the thus compelled to appeal informally and through the medium of the press people of the United States who are resident in Cuba or who may directly to the people. otherwise fall within the power of the insurgent goveTnment. Indeed, it is that international standing that we are now seeking· that we now aBk the American nation to give us, and that we pray it will 'see fill to- Mr. GEORGE. I should like to ask the Senator a question upon grant in the name of liberty and of justice. ' that issue of fact if he will yield. - Wny ·do we .ask the American pe_ossessions, and to-day ganized government. they are free and mdependent Republics of the New World. 1\1r. MORGAN. Will the Senator allow me to ask him a ques­ SPANISH MISREPRESE..~TATION. tion? The Spaniards have raised the cry abroad that the Cuban rebellion is merely Mr. PALJ.\i.ER. Certainly. an uprising of negroes. There is no truth in this as stated. It is not a negro. uprising nor a. white uprising, but a. rebellion of the people of Cuba aa-ainst a Mr. MORGAN. A paper was sent here by T. Estrada Palma, cruel and unrelenting despot. But even if it were a negro rebellion., would who claims to be the agent of the Republic of Cuba, to Han. the people of the United States frown upon it? ' Richard Olney, Secretary of State of the United States of America, The answer to that question is told by the fl.ritur upon Fort Sumter tlie war of 1861 to 1865, the million of graves in the southland and the God-inspired who has communicated that to Congress, first to the Committee proclamation of . Was not the freedom of the black man on Foreign Relations. It has been printed, and contains a full announced in that undying language used by the martyr President? And statement of the constitution and organization of the G-overnment did not the blood o! a. million Am~r~ca~ fl·eemen stain grassy mounds in the. of the Republic of Cuba, giving its personnel, all the provisions ~h:b~~l ;!~fatriotic South, wr1ting m eternal words the emancipation of of law in reference to it, and several general acts passed by that The world lrn

destined should be universally divided among his children? Must we gain people demand, if it were in the power of the Senate to concede it our independence before we are accorded the sanction of the world to labor for it? to them, is one that must depend upon facts to ·be furnished by THE REPUBLIC ESTABLISHED. themselves. The Cuban republican B:Overnment of the island is a. firmly established in­ . Now, Mr. President, the second resolution is to my mind equally stitution. Covering considerably over one-half of the area is the civil branch objectionable. I refer again to the same unfriendly spirit that of our authority, with regularly appointed governors of different sections, pervades all these resolutions. The second resolution, after de­ prefectos in subdivisions, etc. Of course, f.:>panish formalities are still fol­ lowed to a great extent iu the administration of the local governments, for a ploring the loss of life and property caused by the war in Cuba, complete change of method in a few months would be too radical. announces the belief on the part of the Congress of the United Here in Cubitas are the h ead officers and chief departments of the Repub­ States that a solution of the struggle will be found in the estab­ lic. Here we are able and most willing to receive representatives of the lishment of a government by the choice of the people of Cuba. United States or other nations. On all grounds of diplomatic and international usage the Cuban Republic The people of Cuba, like all other people, can have liberty if is entitled not alone to r ecognition of belligerent rights for its armies now they can win it. I recollect that portion of the Declaration of in the field, but to actual independence. Still we do not ask that the latter Independence read by the Senator from Delaware [Mr. GRAY] a be accorded us at present. All we wish now is to be looked upon by the Government of the United States as men and soldiers battlin~ for their few days ago with such earnestness. I recognize the right of a birthright. We do not wish to appear in the eyes of the world like bandits people to throw off a government which they believe to be oppres­ and rabble. sive. I recognize the right of a people to abolish and alter exist-" Is Spain entitled to consideration at the hands of a modern, civilized, and highly progressive nation? Does her misrule of Cuba. for a century com­ ing governments at their pleasure. I do not enter into a discussion mend her to the hearts and minds of men? Are her hirelings here to lift np of the questions so clearly presented by th!'l Senator from Maine and educate the Cuban and make his beloved island prosperous? Under the [1\Ir. HALE] as to who that people should be. I concede that right, accursed flag of Castile will not freedom's muffi.ed shrieks still be heard on the American Hemisphere? Will not the continuance of her supremacy in but it is one which belongs to the people themselves. If they can Cuba mean the perpetuation of mediwval institutions, the downtrodding of alter their own government, I concede their right to do so; but I right and equity and the UJ,Jholding of all that to men of the nineteenth cen­ deny the right of the Congress of the United States to obtrude tury is debased and barbaric? People of the free and glorious United States, Cuba appeals to you! She upon Spain its advice or to suggest to it what should be the policy asks that you raise your voice in her behalf. She asks that you announce to of that Government to any portion of the Spanish people. If I the world that at least us against the tyrant she be ~iven an eq_ual chance. were speaking in other than a r epresentative character I should Cuba, the bleeding, appeals to her American sisters. tihe does it m the name of God, of justice, of Civilization, and of America. give my cordial and earnest sympathies to those struggling people. SALV,ADOR CISNEROS-BETANCOURT- I am influenced solely by the interests of the people of the United States. :Mr. MORGAN. I hope the Senator from illinois will allow me 'fhe whole of the present session, it seems to me, has abounded to say that although I have been raised from my childhood in a in these semiassertions of a 1·ight to interfere, either by advice or Southern community, among slaves and slaveholders, I applaud otherwise, with the conditions that exist in other countries_ I and approve every word in that splendid appec:~,l of Cisneros to the insist that the great law which ought to control governments is America,n people. that which ought to control the conduct of individuals: Mind Mr. PALMER. In 1870, an organization existed in this country your own business; attend to your own affairs; consult, look out to free Cuba. One of its leaders was that distinguished Kentuck­ and seewhatyourrightsare; compel others to respect your rights, ian who has done so much in opposition to slavery, Cassius l\f. but do not attempt to assert those rights to an extent that can not Clay. He invited me to become a member of the Cuban organi­ be recognized by the feeblest nation. zation, very much to my surprise. I answered him by saying that The last resolution is equally objectionable, because it contem­ I understood it was an insurrection of men who claimed freedom plates war. It is a useless menace to the Spanish Government: for themselves, but who asserted the right to enslave others. I That Congress is of opinion that the Government of the United States declined for that reason to be a party to that movement. That should be prepared to protect the legitimate interests of our citizens by in· insurrection had none of the elements of universal liberty in its tervention, if necessary. comprehension. It was an insurrection against the authority of We commence in these resolutions by recognizing the belliger­ Spain, but it was proposed at the same time to continue the exist­ ency of the insurgents. We withdraw very largely the legitimate ence of slavery in Cuba. I think slavery was ultimately abolished interests of the United States from the protection of the Spanish by the aetion of the Spanish Government-! am quite sure that Government. When we propose to intervene in this war it means, I am correct in that respect-so that the appeal ~ade here does judging from the whole tone of the resolution, war with Spain to not address me with the force that it would otherwise have. protect our interests. It does not mean war with the insurgents I have said already that if I were acting in a mere personal to protect our interests. It means war with Spain. It is like the capacity; if I were not under the most solemn responsibilities to idle menace of quarrelsome, turbulent men, "If you invade my others, not only to the people of the State of illinois, but to the •rights, I will defend them; if you approach me or if you strike people of the United States; if I could in their name say that war me, I will shoot you," one of the very methods by which blows exists in Cuba, and that the people of the United States ought to are invited. This would be an assertion, in advance of any ·wrong, take upon themselves the responsibility of maintaing that declara­ that we would defend our rights by intervention, by war. Who tion, I might listen to the appeal of the Cuban nominal govern­ doubts that the American people will defend their rights by inter­ ment, because, after all that is said, that government is purely a vention or by war? Why connect this a.ssertion with this partic­ nominal one. It has no fixed jurisdiction over a single township ular controversy? Why sc..y it now? Why urge it now, in the in Cuba. It is a fugitive government. It is supported by a force heated de bates of the Senate? It is something of a reflection, some­ that is constantly moving; a force that rarely resists the organized thing of a reproach to the Am6rican Senate, when it is said that forces of Spain. It is not a government, nor is the governmental the Government ought to prepare for intervention to protect organization one as to which I ought to say to the people of this American rights. How prepare? Ought we to build ships? Ought country, "Youcanafford, in view of your own interests and in the we to raise armies? Ought we in some way to increase the reve­ interest of the people of the United States," which alone I am to n ue? Ought we to prepare any of the physical agencies of prepara­ consult, "to intrust the protection of the rights and interests of tion? Or is it a mere intimation that if our rights are invaded, the people of the United States." are infringed, we are already prepared not only in the means but I do not now go into any analysis of the rules of international we haye the will to intervene and protect our rights. law that define or indicate the condition when belligerency may It is an idle menace, in my judgment utterly unworthy of the be recognized in an insurrectionary people; but the simple crucial American Congress-! say unworthy; I use that term in its most point with me is whether there is such an insurgent government moderate sense. Who dares assert that the American Congress m Cuba as can be trusted with the defense and the protection of will not sustain the Government in the defense of its rights if in­ the rights of the American people whose rights are inyolved in that vaded by any Government or anywhere? It is a menace which controversy. My answer is no. The Government may have a has no meaning, or if it has any meaning at aU it is the meaning name, but it is without local habitation. In this matter I disavow ,that indicates the ptupose to be offensive. It is a declaration in any question of sympathy for Cubans or others. My argument is advance, and taken in connection with this series of resolutions it predicated upon the ground that it is not to the interest of the means no more than this: The American Government sympathizes people of the United States that they should interfere in this with the insurgents, it will employ its power in defense of its question in any manner whatever, and especially in the matter of rights, and it will intervene if those rights are invaded, as if such recognizing the bemgerency of this fugitive government-a gov­ a declaration was needed. The American Republic has existed ernment which can offer no protection; a government which has now for more than oue hundred years, and has never submitted to no treasury, no revenue, no habitation; a government that can an outrage except under extremely distressing circumstances. I not be intrusted, can not be responsible to the people of the IT nited remember that I once submitted, with what composure I could com­ States for the protection of the rights of our people. So much on mand, in a memorable incident with respect to certain Confeder­ that point. ate comiiliHsioners. But we have been eager and ready at all times The Senator from Florida [Mr. CALL] said to me a few moments to maintain our rights. This declaration will be regarded and is ago that proofs should be furnished that there was no insurgent intended-not intended except in the ~ense that every person must government in Cuba, or that the evidence before the Senate required be presumed to intend to use language inits ordinarysense-asan some answer. I answer otherwise. The recognition that those act of hostility to Spain. .. .. 1896. CONGRESSIONAL RECORD-SENATE. 3077 .

Mr. President, I have not intended to go into the matter at. any for a moment. I desire to introduce a joint resolution, and I ask great length. I have very nearly concluded the remarks which I that it be read at length. purposed to adfu·ess to the Senate, and I will conclude by a gen­ The joint resolution (S. R. 109) directing the President of the eral statement of the condition of this question as it appears to me. United States to request the Government of Spain to grant to the The Senator from Massachusetts [Mr. HOAR] a few days ago people of Cuba the power of local self-government, and in case the demonstrated as far as demonstration is possible that the Ameri­ Government of Spain shall refuse, to take possession of the Island can Senate has nothingwhatevertodowith this subject. We·can of Cuba and hold it until its inhabitants can institute such gov­ make no law; we can lay down no rule that any other. departm~n~ ernment as they may wish, and organize and arm such forces as of the Government is bound to respect-! say nothrng of berng may be necessary to support it, was read the first time by its title, bound to obey. We are, in this instance, in the exercise of no power and the second time at length, as follows: conferred upon Congress by the Cons~itutio~of the U:r;dted States. Be it resolved by the Senate and House of Representatives of the United Statu It seems to me that in these resolutiOns, hke those m regard to of America in Congress assembled, That the President of the United States is hereby directed to request the Government of. Spain to authorize the people Armenia and others to which I might refer, we cheapen the influ­ of Cuba, subject to the sovereignty of Spain, to institute such local govern­ ence and power of the Senate. It was said by the Senator from Ala­ ment as they may wish, and invest it with such powers as they may think bama [Mr. MORGAN] the other daythat the voice of t~e America;n necessary to secure to the people of Cuba the right to life, liberty, and the pursuit of happiness. Senate will be influential. That is true beyond questiOn. In this SEc. 2. In case Spain shall refuse to gra.nt to the inhabitants of Cuba. the instance it will be influential for mischief, without in the slightest rightful power of local self-government, then the President of the United degree being potent for good. . . . . States is hereby directed to take possession of the Island of Cuba with the mil­ What is the law of our relations With Spam groWing out of the itary and naval forces of the United States and hold the same until the peo­ ple of Cuba can organize a government deriving its just powers from the condition in Cuba? Suppose the resolutions are passed, will not , and arm and equip such military force as may be the law of to-day be the law of to-morrow? We change no law necessary to protect them from invasion. by our action. We neither commit the Pre~ident nor any other Mr. MILLS. I give notice that I shall submit some remarks department of the Government to our declarati?ns or opinions. to~morrow morning, after the routine business of the Senate is We simply express a feeling, and not the m~st a~able and gentle through, in support of such a measure as is outlihed in the joint feeling toward Spain; but we express an rntrusive temper; .we resolution. expres~ a disposition to sympathize with one of the strugglmg The PRESIDING OFFICER (M.r. BACON in the chair). Does parties in this great controversy. When we have done th~t ~h!1t the Senator from Texas ask that the joint resolution lie on the have we accomplished? Can I speak for the people of lllmois ~n table for the present? regard to their sympathies on this subject? I can guess what their Mr. MILLS. I a-sk that it lie on the table and be printed. I sentiments are, but they have not confided to me any duty with shall call it up to-morrow morning for the purpose I have stated. respect to this subject, and while my conduct and even these Mr. CULLOM. Mr. President- remarks may be the subject. of criticism and comi?laint, or ?f Mr. GEORGE. If the Senator from illinois will allow me to do approbation yet I can not bmd them. My expressiOn of therr so-- sympathy m~y or may not be correct. It is no part of my duty to Mr. SHERMAN. I do not wish to cut off the Senator from speak for them. They are free men and will speak for themselves Mississippi, but I wish, in compliance with the notice I gave, to and they will act for themselves. . have formal action on the conference report. The conditions in Cuba after the passage of these resolutiOns Mr. CULLOM. I understood that theSenatorfromMississippi will be the same, and the relations of the United States to Cuba desires to say only a few words. or to Spain will be the same in law and in fact. But like all un­ Mr. SHERMAN. Very well. After the Senator from Missis­ necessary acts, which m~ans that all unnecessary acts are mis­ sippi is through, I shall endeavor to get action on the conference chievous we presume Without the power to make a law or lay report. down any rules of conduct we profess to give ~xpression ~o Amer­ Mr. GEORGE. Mr. President, I was one of the six members ican sentiments. The Senate can not recogmze the belligerency of this body who voted against the resolutions which were sent of the Cuban insurgents. The Senate can not change the existing to the other House and which came back here in the shape of a relations. I repeat what I h~ve sai~ so often, ~t can not chan~e conference report submitted by the conferees on the part of the the legal or international relations which now eXISt between Spam two Houses. I had no opportunity during the debate on those and its insurgent subjects. resolutions to state the reasons why I so voted. I propose to do But we can do mischief by language like this. We may declare so now, without argument. that a state of war exists in Cuba. The answer is, it is not war, There are several reasons why I opposed the resolutions. It is it is a mere insurrection. The Cubans have not organized a gov­ necessary for me to state only one. In order to be brief and in ernment except on paper. Their government has not the vitaliz­ order to state my position exactly, I have reduced that position to ing value which is given to a government supported by force. writirig. We know that there must be a latent force, an underlying force However much I may sympathize with a people struggling for that gives to government its sanction or its power to vindicate liberty and for independence, I sympathize more with the senti­ itself. In order to recognition of belligerency there must be a gov­ ment of the necessity of preserving our Constitution and our own ernment which can be held responsible to other governments. I free institutions. In my judgment, the subject-matter of the see no evidence that the government there can take care of itself. resolutions belongs to the executive and not to the legislative de­ I see no evidence that that government ca.n protect the rights of t~e partment of the Government. I believe there is no exigency American people. I see nothing there but an earnest struggle-It whatever, certainly none which relates alone to the welfare of a may be a patriotic-but an earnest struggle on the part of a feeble foreign people, which can justify or even palliate an assumption party against a powerful, organized government. ~tmay hav~ my by one department of the Government of powers and duties prayers individually, and their gallantry may clarm my praises, which, by the Constitution, have been assigned to another and but I stand here as a representative of the American people, who different power. mnst indorse my act if I should be guilty of a folly. If it shall Mr. SHERMAN. In pursuance of the notice I gave a while ago, involves us in a war I know who will die in our battles. I know and with an earnest desire to promote the public business, so that whose property will be taken. we may proceed to the oonsideration of the appropriation bills and I know that the soldiers will be American soldiers. They will the other measures that will naturally crowd upon us, I offer the die on battlefields in defense of the fia~, and in a just cause they resolution which I send to the desk. It is based upon the idea that ought to die; it will b~ their glor.Y to die in def~nse of the fla~ in if adopted and the report of the committee of conference should a jnst cause, and that JUSt cause IS the cause which the Amencan be again delayed in any form in which it is presented, there will people decide to be ju~t .. But I ~an not consent to use l3:ng~age be no factions opposition to it, but after a reasonable debate the which may involve us m mternatwnal troubles and complicatiOns subject may be acted upon. which I know must cost the American people immensely, and they The PRESIDING OFFICER. The resolution submitted by the must be rooponsible for it if evil results; while if we do nothing, Senator from Ohio will be read. which is the wise thing when you do not know what to do, we let The Secretary read as follows: our people, so fax as they are permitted by our laws, follow their Resolved, That the Senate insist UJ>On its disagreement to the amendment own inclinations in regard to rendering assistance to the Cuban of the House of Representatives to the resolution of the Senate in regard to insurgents. Let each man for himself do what he thinks. is right, the insurrectio» in Cuba, and ask a further conference with the House on the obeying the laws, but let us not make such a declaratiOn here, disagreeing votes of the two Houses thereon. when we are in the attitude of a mere popular assembly, where The PRESIDING OFFICER. The Chair suggests to the Sena- . we have no power to .bind anybody, where we .can not chang~ t~e tor from Ohio that the conference report should be first disagreed relations between thiS Government and Cuba, except that mdl­ to before the resolution is considered. rectly we may by our intemperance involve the country i~ war by Mr. FAULKNER. Let the fm·mal motion be put on concurring : arousing the passions of the Spanish nation or of other natiOns .. It in the conference report. ' is always wise, when you do not know what to do, to do nothing. Mr. SHERMAN. Yes; let the motion be first put. The con- ' Mr. GEORGE. Mr. President- . ference report should be disagreed to. Jalr. MILLS. I ask my friend from Mississippi to yield to me The report was not concurred in. 3078 OONGRESSIONAn RECORD-SENATE. MARCH 23,

T he P RESIDING OFFICER. The question now is on agreeing assert1 the sole power of recognizing the belligerency.or the polit­ to the resolution submitted by the Senator from Ohio. ical independence of a foreign nation resides in the Chief' Execu­ Mr. ALLEN. Mr. P resident-- tive. That is not only a doctrine which can not be sustained, but Mr. :::!HERMAN. I ask the unanimous consent of the Senate it is a constitutional heresy that ought not to pass without refu- to agree to the resolution. If it is only to open up further debate, tation from some quarter. . . I prefer to withdraw it. · · The.re is not one word in the Constitution of the United States Mr. ALLEN. I am unable to hear the Senator from Ohio. conferring, either expressly or by the broadest kind of implication, 1\Ir. SHERMAN. I have offered the resolution with the under­ power upon the P1·esident of the United States to :recognize either standing that there would be no further debate upon the ques­ the belligerency of a foreign country or its political independence; tion until the committee of conference again reports upon the and certainly there is nothing in the theory of the Constitution subject. nor in the theory of our Government or the history of the time Mr. ALLEN. I have no desire to debate the question to any when the Constitution was framed and adopted by the people of unnecessary length. . the United States which can in any manner lend color to that Mr. SHERMAN. I hope the Senator will allow the resolution conclusion. to pass, as it was the understanding on both sides. Both the Senator from California [Mr. WHITE] and the Senator ::Mr. ALLEN. I can not hear the Senator. from Louisiana [Mr. CAFFERY) announced also that the Supreme­ 1\Ir. SHERMAN. The understanding was that the resolution Court of~ UnitedStateehadfrequentlylaid down doctrines that. should be adopted without debate. When the report is again are binding upon us, holding certain facts and certain circum­ made the Senator will have an opportunity to speak. I appeal to stances that came before it in litigation as evidence. conclusive of the Senator to allow the resolution to be adopted. a state of belligerency or state of independence. Mr. ALLEN. I am enth·ely in the dark as to what the Senator Mr. HOAR. The Senator from Nebraska seems to be layi:rig from Ohio wants. I can not hear a word that he says. the foundation of his argument, and before he proceeds I should :Mr. CULLOM. I think I can explain the situation to the Sena­ like to ask him a question. I understood him to say that there is tor from Nebraska in a word. The Senator from Ohio has offered nothing in the Constitution which by any inference would confer a proposition which results in a recommittal of the Cuban resolu­ upon the President the power of recognizing either the belliger:.. tions to the conference committee, and, as he states, the subject ency or the independence of a foreign state. Is not the recogni­ will be open for discussion when the report of the conference is tion of the independence of a foreign state involved in the power again ma-de. of the President to appoint ambassadors? ~1r. ALLEN. Why not discuss it now? Mr. ALLEN. Not at all, Mr. .PJ.·esident. Mr. SHERMAN. This course is pursued with the understand­ Mr. ROAR. I wanted to call the Senator's attention to that. ing that there will be no factions opposition to the report when point and to know whether it is quite clear as he seems to make it. made, and that after reasonable debate it shall be acted on. Mr. ALLEN. I was coming to that proposition. I propose to Mr. ALLEN. Why should it not be discussed now? call the attention of the Senate to the constitutional proposition Mr. CULLOM. No one now knows what the conference com­ on this subject before I conclude, which will be within a few mo mittee may report. It may bring in an entirely new resolution. ments. The power to recognize the belligerentrights of a foreign It will be more apropos, it seems to me, to discuss the report when nation and the power to recognize the complete political independ­ it comes. back. Besides, I am anxious to bring up an appropria­ ence of a foreign nation is a joint poweF, possessed by Congress tion bill for consideration by the Senate. and by the executive department jointly. Before, however, pro­ Mr. GRAY. We have already disagreed to the conference re­ ceeding upon that line I desire to return to. the point I left off port. when interrupted by the senior Senator from Massachusetts. Mr. CULLOM. The conference report has been disagreed to The Senator from California and the Senator from Louisiana. by the Senate. . . . . seem to think that the Supreme Court ~s some kind of power that Mr. ALLEN. I understand that, and the pendingquestion IS a is binding upon the Senate, a power to all.llounce a rule ,.., nich we motion to refer the subject back to the conference committee, and are compelled to follow. Mr. President, that can n0t be true:. it is properly debatable. This Government of oure, according to the doctrines announced Mr. MORGAN. That the Senate shall insist in its disagree­ by Chief Justice Marshall and by the illustrious fathers, is a Gov­ ment and ask for a further conference. ernment composed of three coordinate departments, the legisla­ Mr. HALE. If the gentleman from Nebraska will allow me, I tive, the executive, and the judicial departments~ I think I name will state that the Senator from illinois rMr. PAI..lrER] took the them in the order in which they occur in the Constitution. Unfor­ floor and the Senator from Texas [Mr. ::i!tlr:LLsJ had the floor to tunately, however 1 in these latter days there are some instances, and further discuss the matter and the debate would have gone on, many of them, where the Supreme Court seems to be supreme and to but the Senator from Ohio, who had charge of the resolntions, to exercise theauthorityto annul the acts of the other departments of avoid further debate and in orde-r that other business might be the Government. But the Supreme Court, according to the estalJ..· proceeded with, made a suggestion which was generally agreed to 1 lished rules of jurisprudence that are oldel' than this countryitself,. and which now is embodied in the pending resolution, to send the has no power to recognize the belligerency or the independence of whole matter back to the conference committee. The whole ob­ a foreign nation until that belligerency or independence has. been ject of this course was to prevent further debate now and proceed recognized and established by the political department of the Gov­ to othe-r business of the Senate. The Senator from Texas, who ernment. There has never been a time in the history of English had the floor, gave way, and it was, I think, the undeTstanding that jurisprudence or a time in the history of Roman jurisprudence this course should be pursued. It seems that the Senator from when the power to recognize the belligerency of a foreign nation Nebraska did not know about it. The object was to prevent fur­ or the independence of a foreign nation was not committed by ther debate now. Whenever the matter comes up again it will of practice to the political department of the Government. Certainly course be open for debate. it can not be successfully urged that the Supreme Court possesses 1\ir. ALLEN. I do not see anything in the remarks of the Sena­ the slightest political power exceptthat portion which it may from tor from Maine to deprive Senators of the proper discussion of time to time use incidentally in the adjudication of cases. this question. I have no desire to discuss it ~t any length what­ Suppose, to illustrate my position, that some citizen should feel ever. There are two or three points which were brought out in himself aggrieved by the conduct of Richard Olney, Secretary of the discussion last week to which I desire to reply. I will do that State, and should bring an action against Mr. Olney. It would be a-s hastily as possible and as concisely as I can. . a perfect plea and a perfect defense for Mr. Olney to set up that The PRESIDING OFFICER. The hour of 2 o'clock having what he did he did as the agent of the political department of this arrived, the Ohair lays before the Senate the regular order. It will country~ and that it involved the administration of the political be stated. affairs of the nation1 which would deprive by that means the Su­ The SECRETARY. A bill (S. 502) to approve a compromise and preme Court or any other court of jurisdiction to inquire further settlement between the United States and the State of Arkansas. into the subject-matter of litigation. Yet we are told in the Sen­

Mr. FRYE. I ask unanimous consent that the unfinished busi­ ate gravely, by grave Senators1 too, that the sole power to recog­ ness be temporarily laid aside. nize the bell!~erency or independence of Cuba rests with the Pres.. The PRESIDING OFFICER. Is there any objection to the ident of the united States; that Congress, as a coordinate depart­ 1·equest of the Senator from Maine that the regular order be tem­ ment of the Government, as the chief repository of the political porarily laid aside in order that the Cuban resolutions may be power of the nation, is powerless and impotent to intervene and further considered? The Chair hears no objection. check the President or control his conduct, and that conclusion Mr. ALLEN. Mr. President, the Senator from. Delaware [Mr. seems to be reached. by Senators from some language they find in GRAY] and the Senator from Louisiana [Mr. CAFFERY], and Within the Constitution. a few moments the Senator from MissiSBippi [Mr. GEORGE], have Mr. PLATT. Wi11 the Senator from Nebraska allow interrup­ each announced a constitutional doctrine which I do not believe tions o:r does he prefer not to be interrupted? can be sustained, and which ought not to be annO'llnced in the Mr. ALLEN. Certainly;. I yield to the Senator from Connect­ Senate without contradiction on the part of some one. That doc­ icut. trine is that under our form of gover nment, as those SenatO'l"S ~Ir . PLATT. I wish to ask him tJris; question: Suppos-e that 189.6. CONGRESSIONAL RECORD-SENATE. 3079

an.. indBpendent government should be established, as the Presi­ must be something that rises above. a riot; it must be a rebellion; dent thought, in Cuba, and the President-thereupon should issue and, so far as Cuba is concerned, it is a rebellion! with a regula~ a pmclamation recognizing the independence of Cuba; does not military organization upon the part of the insurgents. If that is the Senator think thart that would be effective without any action not a state of public war- in fad, then I am entirely mistaken in by Congress? my conception of what conf!titutes public war. Mr. ALLEN. I do·not think it would be. I do not see how it But how aa·e we to· prove it? The Senator says that we could could be. not rmderstand that it was his purpose to have the witnesses 1\ir. PLATT. That goes right to the point. brought here and intertogated, but the Senator- from Louisiana :Mr._ ALLEN. I desire for a moment to refer to the Constitn­ stood h-ere and said there was no evidence before the country or tionA Section 3~ Article II, of the Constitution, referring to the before the Senate of the existence of a state of public war-! will duties of the President, reads as follows: put in the word "public"-on the Island of Cuba. How do we SBo. 3. He-shoJI from time to time give to the Congress information of the knDw that there was a state of war on that island from 1868- to state of the Union, a.nrl recommend to their consideration such measures as 1878? We lrnow it simply as a matter of history. Do we know he shall judge necessary and expedient; he may, on extraordinary occaS.ons, that Geo!$e Washington was the first President of the United convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may, adjourn.them to such States? .Nobody living has ever seen him. time a.s he shall think proper; he shall recaiveambassadors a.nd other public Mr. CAFFERY. Will the Senator permit me to interrupt him7 ministers; he shall tali:e care that the law.s be faithfully executed, and shall The PRESIDING OFFICER. Doesthe-SenatorfromNebraska. commission all the officers of the United States. yield to the Senator from Louisiana? Another provision: of the Constitution confers upon the Presi­ 1\Ir-. ALLEN. Certainly. dent of the United States the power to "appoint ambassa,dors 1\fr. CAFFERY. The Senator says weo lmow there was a. state and other public ministers and consuls," but it confers it in of public warr 1 think tha.t was the assertion he made- language which leaves it apparent, beyond all controversy and Mr. ALL&~~ I willputit "public" or "private" war. all dispute, that the Senate of the United States, as the highest Mr. CAFFERY. That in Cuba from 1868 to 1878 there was representative of the political power of this Government, must ten years of public WaL Does not the Senator know that the concur in his action, or advise and consent, to use the language war then carried on in. Cuba was not characterized by President. of the Constitution, before ft shall be effectual. The very fact Grant as a public war, in an international sense, between those that the framers of our Constitution. put this check upon the dates? executive department of the Government shows conclusively Mr. ALLEN.. I do not know anything about what. President. that it was the purpose of the people in the formation of the Fed­ Grant thought about it or- believed. about it; and I am not con­ eral Constitution to retain this power in their own. hands. The cerned in the inquiry at this time.. I do not believe in fighting language employed indicates tliat;.. the spirit breathed by the in­ battles according to a. nook. !never did.believe in it, and I never strument itself indicates it; and the whole framework and policy shall believe in it. But what I wanted. to prove on the point to of our Constitution, as well as thespirit of the people at the time which I desired_ to direct the attention of the Senate when. inter­ it was adopted and became the paramount law of the land, indi­ rupted. by the-Senator from Louisiana is this: We are to shut our cates that purpose. Yet, Mr. President, without one word that eyes and our ears to current history of tlie tragic events. that ar.e· can be found in the Constitution.itself, without one fact being taking place on the L'lland of Cuba. cited as existing concurrently with the formation of the Consti­ Mr. HOAR. 1\iay I ask the Senato:r one q_uestion? tution, the people are gravely informed here by at leas:t three Mr . .ALLEN. Yes, sir. Senators upon this side of the Chamber that this high preroga­ Mr. HOAR. It is with reference to this matter o! public wru:. tive and kingly power rests in the President of the Unitea States I understand-if the Senator will allow me to preface the question alone; that he, at any time he may see fit, by Iris mere caprice­ with a single sentence,.so that the question may be understood-­ for there is no power upon our part to check him if the position ]fr. ALLEN~ Certainly. of these Senators be correct-may recognize the belligerence or Mr. HOARA I understand that where a state o-f public war ex~ independence of a nation, and we be powerless to advise and con­ ists there is some territory all of whose inhabitants, w.hateve:t: may. sent to it or ha.ve anything whatever to do with the recognition. be their per.Bonal conduct or disposition, are at war with the in­ I didnot rise,.Mr. President, for the purpose of discussing this habitants of some other territory. For instance, the most loyal: question consecutively and thoroughly, as I should like to do if the man in South Carolina during our late civil war was held to bs. at tfrne were at my disposal, but I wanted to enter my dissent from war with. the most disloyal man in MassachJisetts, and if they· a proposition that is so absolutely at variance with ourCottstitution made contracts. they were subject under: the law of nations as con­ as thart announced by the Senators to whom I refer. Let me say tracts with belligerent enemias. Now, will the Senator tell us that this goes out to the country as the grave opinion of those what district or territory in the Island of Cuba. is so at war with. Senators, and is taken up by the people, some of whom do not de­ any other: district or territory of the Island of Cuba tha.t the cllar­ vote so much attention to these questions as they ought to, and it acter of belligerence is imputed to one as against the othe1:? is gravely asserted by them th&t that is a true interpretation of 1\fr. ALLEN. I think I can tell the Senator probably about as the Constitution because it is from the distinguished Senators much as he and I both know about that matter:, which is to b& from Delaware, JYfississippi, and Louisiana; and it ought not to go drawn from current newspaper reports, and possibly some slight undisputed in this Chamber. evidence in the consular reports. My understanding"is that about One proposition more, and 1 think I shall eonclude my remarks. two-thh·ds of the Island of Cuba, possibly three-fourths, is un~ The Senator from Louisiana [l\fr. CAFFERY l in discussing this the dominion of the insurgents under the command of Gomez and. question a few days ago said we have no evidence that war exists Maceo and their followers. There is a distinct portion of that in Cuba. If I understand the Senator from Louisiana rightly, it territory that has on its face as well-equipped armies as could be. would be necessary, in his judgment, to bring the witnesses before expected under the circumstances, where the Republic of Cuba has the bar of the Senate and prove by ocular demonstration that a absolute control and dominion over life and property. That is. a state of war exists in Cuba. portion of the territory th:rough which the Spanish forces do not MI. CAFFERY. Will the Senator allow me to interrupt him? march, and over which they do not exercise any control. There Mr. ALLEN. Certainly. are there well-equipped and drilled armies in the field under m-ar­ Mr. CAFFERY. The Senator from Nebraska must have very tial law. I have the number of troops here, to which I am going • widely misinterpreted what I said on that point. I did not say to refer in a moment. If that does not constitute a state of war that there was not war in Cuba, but 1 did say that from the evi­ according to the definition of the books-if war is to be fought­ dence before the Senate and the country there was not public war according to books-then I am mistaken in my understanding of in that sense which would authorize a country at peace with a what the books define to be necessary to constitute war. power where an insurrection existed to recognize, under inter­ Mr. President, I do not know, and I am not concerned in know­ national law, the war being carried on in Cuba as public war. ing, what President Grant said about the Cuban. war from 1868 Nor, if the Senator will pardon me, did he understand me to say, to 1878. I know, President Grant knew, you_know, and the world nor can it be implied from any remarks I made, that I contended knows that we have power to recognize the political independence that there must be witnesses present before the Senate in order or belligerency, or it may be both, of any people who are engaged to establish a case of public war. I think I said that the Execu­ in war with one another. That war does not necessarily require tive had the means to gather the necessary evidence to establish the existence of a certain number of men undet: arms. It is sim­ a state of public war through communication with our consuls ply required that one portion of the people shall be arrayed. in resident in Cuba or through any other authentic official source. armed hostility against the other, with an army under its control, Mr. ALLEN. Mr-. President, I am inclined to believe that the and a ~overnment set up over a specific portion of the territory Senator's explanation needs explaining. The.re may oe some which IS under contention. Whenever we see fit to sa.ythat that shadowy distinction existing between a state of public and a state contending force is a belligerent force, or whenever we see fit to say of private war-! suppose that is the antithesis of public war­ that that territory and the people occnpyinoo it constitute an inde­ but that I do not understand. Cer.tainl:r a. state of war. exists on pendent government, a political entity, it becomes so in. the eyea the lslan

Mr. ALLEN. Certainly. is no evidence of the existence of war there. The Senator from Mr. MORGAN. I wish to call attention to a statement of the Louisiana said the other day that there was no evidence of the laws of war contained in lectures delivered at the Naval War Col­ existence of any number of the belligerents under arms. I will lege by Freeman Snow, Ph. D., LL.B., late instructor in inter­ call the attention of the Senate to the evidence of that fact later. national law in . This book was sent me by Mr. CAFFERY. If the Senator will permit me, I should like to Captain Taylor, president of the Naval War College, whom I con­ ask him what indicia he holds are necessary to exist before a na­ ceive to be one of our most eminent men in the Navy, both as a tion can declare a condition of war waged between a parent coun­ scientist and as a lawyer. Professor Snow gives this definition: try and insurrectionary forces to be a public war? Wheaton's definition of a public war is a contest by force between inde­ Mr. ALLEN. Mr. President, there is no line of demarcation pendent sovel'eign States. If it is declared in form or duly commenced, it which is recognized among nations. It rests altogether within a entitles both the belligerent parties to all the rights of war against each other. Whatever is permitted by the laws of war to one of the belligerent nation itself. parties is equally permitted to the other. Mr. CAFFERY. Then I would ask the Senator whether or not A mixed war is a war between members of the same political society. It is he rejects the conditions laid down by international writers as a civil war, though it may not reach beyond the proportions of an insurrec­ tion or a local rebellion. The movements in Spain m 1866 and 1867 were of indicating a state of war? this nature. Such a war may attain sufficient strength and magnitude to Mr. ALLEN. No. The difficulty with the Senator from Loui­ entitle both contending parties to all the rights of war with respect to each siana is that I do not recognize his interpretation of international other and to neutral States. Again, according to the manner and degree of writers. The writers are all right, and the Senator from Louisiana the hostile operations, wars are said to be perfect or imperfect. is all right, but I do not conclude that necessarily there must be a I need not go into that further. I think that is the best defini­ synthetical relation between the writer and the reader. tion ! .have seen on the subject by anybody. Mr. CAFFERY. The Senator will permit me again. I ask him Mr. ALLEN. That is in substance the definition given by Mr. whether all international-law authors do not hold that it is neces­ Davis in his recent work on International Law of the laws of war. sary for the insurrectionary forces to hold and occupy a certain, I do not think that we are required to have any more evidence well-defined extent of territory; that it is necessary for them to before UB than has been furnished us by the Department of State have a regular, organized government; that it is necessary for and has been furnished us by the press of the country. It is true them to have a seat of government, and at least one seaport in a that possibly we mUBt discount a certain portion of the reports country which borders on the sea? which come from the scene of action; but he would be a bold man Mr. ALLEN. I am really glad the Senator calls my attention who would stand in the Senate to-day and say that a state of war to the argument again-! heard him make it two or three days does not exist in Cuba. Are we to stand here until the Spaniards ago-that the insurgents mUBt have at least one seaport. The cut the throats of the Cubans, and until the bloody events pass history of the world is full of natlons that never had a seaport. into the permanent history of the country before we take any no­ Mr. CAFFERY. When I put that question, I said any country tice of what is transpiring there? We know that a state of war which bordered upon the sea. exists there; and the only question, in my judgment, is whether Mr. MORGAN. Switzerland has none now. we have the patriotism to say that those people in Cuba who are Mr. ALLEN. The Senator from Alabama says Switzerland has struggling for their liberty shall be recognized as belligerents and none. have equal opportunities with the people of Spain in this country Mr. MORGAN. And could not have one. and in the ports of this country. Mr. ALLEN. And it has been an independent nation I do not Mr. MORGAN. Will the Senator allow me to again interrupt know how many hundred years. him a moment? Mr. CAFFERY. Where anation does not border upon the sea, Mr.ALLEN. Certainly. and where the nation recognized is not contiguous, do not the Mr. MORGAN. Some dispute is made about the facts and the international-law writers say that a condition can hardly arise extent of civil government in Cuba. The correspondent of the where the recognition of belligerency is necessary? Evening Star, of this city, whose veracity and character are Mr. ALLEN. I am treating the question of recognizing bellig­ vouched for by Mr. Crosby S. Noyes, in the letter I read here this erents. We have the right to recognize the belligerence of a peo­ morning, giving an account of his second visit to Cubitas, the ple as a political power inherent in this nation. We have the sole capital of theRepublic, speaking of Colonel Menocal, who is a near power to say when and where this doctrine shall be applied; and relative of a very distinguished enginee; in the United States, and we are not required to look into Wheaton's International Law, or is evidently a man of very fine character, who was educated at the volume on international law written by Mr. Pomeroy, or the Cornell University-speaking to Colonel Menocal, chief of staff of volume by any other author upon the face of the earth when we President Cisneros, the correspondent asked a question about what see fit to apply this doctrine. A Senator behind me says there is sort of a tour .they had been on. He and General Cisneros and 400 no such international law; but there was an author who wrote men who were his guard had been on a tour of inspection. An upon that subject, I think, long before·the Senator and I were born. inquiry was made in regard to that tour. Colonel Menocal said: What I claim, and where I differ with the Senator from Louisiana, This has been a sort ot inspection tour. There was the appointment of is that he wants the Cubans to be killed or to survive according about thirty prefectos to be made, and there were a number of others who to a literal definition contained in some volume he holds in his had not sent m reyor~s for two months. President Cisnero~ desh·~~ to make a personal investigatiOn, and so two weeks ago we left Cubitas. Smce that hands. time we have been over in the extreme eastern end of the Republic, made an The conditions of people necessarily must differ. Here is a peo­ inspection of the force in the Sierra Maestra Mountains, looked over the stores farms., and prison there, and on the way back made appointments of ple who, as I have said, are in control of at least two-thirds of prefectos ana subprefectos in a score of districts. the teiTitory of the Island of Cuba, with a civil government set Colonel Menocal was reminded that he used the term" republic," refer­ up and a military government that is able to coop up this man ring to the island. Weyler and his forces in Habana and hold them in check; yet the "Why isn't it a republic?" he asked. "We have our established and per­ manent seat of government, have over 350 prefectos in the isla.nd, and govern honorable Senator from Louisiana gravely asserts here that be­ with civil laws at least two-thirds of the total area. Of course I understand cause the conditions which exist in Cuba do not square with his that Spain still controls the seaboard and h?lds. the ci.ties, ~:mt her navy is definition or his understanding of the definition of belligerency as her only salvation. There are hundreds of miles m the mter10r of Cuba that Spanish soldiers have never trod, and for that matter never shall. he finds it in some law book, therefore this great nation of 70,000,- THE REPUBLIC ESTABLISHED. 000 people is impotent and powerless to do it. The Senator can "If we could not justly lay claim to having a republic bere established, how content himself with these things if he wants to. I donotwantto. • is it that our President, with an escort of only 400 men, can be away from Then the Senator says again that the insurgents must have a capi­ Cubitas for a fortnight, traverse a distance o~ 300 miles by them~~ highway tal. They do have a capital. The Senator from Louisiana said a of the isla.nd, and never a shot be fired by fnend or foe? How IS It that we have civil officers all the way from Puerto Principe to the very shadow of the few days ago it was away off in the wilderness-off where Weyler castle at Santiago de Cuba; and again, how is it that in the Sierra Maestra and his forces could not get at it. I infer that the Senator from Mountains we have workin~ upon the farms of the Republic. over 700 Spanish Louisiana would hold that that capital mUBt be accessible to its soldiers who were made priSoners of war, and who, not. carmg to r~turn to their ranks, are protected by Gen. Jose Maceo and h1s men? This latter enemies or it is not a capital. The Senator said the capitol build­ feature may be news to the American people, but the Spanish Government ing was constructed of-bamboo, and probably with a roof com­ knows it full well, and has made attempts to recapture 1ts men, although at posed of leaves and grass. I ask the distinguished Senator from the same time it has denied such a state of affairs." The sound of a bugle coming from up the road told ColonelMenocaland the Louisiana if he finds anything in the law books, of which he is other officers at the hotel,_ among them Dr. Orles, chief of the iru?urgent hos­ such a devotee, that distinguishes between a grass or a leaf roofed pital corps, and who, by toe way.._ does not speak a word of English, that the capitol and one made of shingles, or one made of some harder hour for taking up the march baa arrived. material? And they proceeded to Cubitas. Mr. CAFFERY. I find nothing in the law books or in common Mr. ALLEN. There can not be the slightest doubt that we sense to make any such distinction; but I find that where there is must give some force to current history; we must recognize the a capital, somebody must know where it is, and it mUBt be acces­ existence of a state of war in Cuba. It is recognized in the press sible to civilized nations. of foreign countries; it is in the mouth of every person who reads; Mr. ALLEN. I thought the Senator would see the ridiculous witnesses come from Cuba and tell us the condition of affairs result to which his own a:tgument would lead him. there; every person understands that there is a state of war; and Take our own history during the seven years of the Revolution­ yet Senators come into this Chamber and gravely say that there ary struggle in this country. Our capital followed the Army a 1896. CONGRESSIONAL RECORD-SENATE. 3081 portion of the time. It was located at at least half a dozen differ­ least under martial law, having a regulru· military organization, ent places, and in a few i~tances followed the Army to get away and that their troops amount to many thousands. from the enemy. It was a capital on wheels, more completely so I conclude, therefore, that there is but one of two things for the than is or has been the capital of the Republic of Cuba, and yet people of the United States to do, either to remain passive and om· independence was reco~ized; we were able to hold off the inactive and let the throats of the Cubans be cut by the Spaniards,. British power, which was ruded by Hessians, until such time as or to take prompt and efficient action for the recognition not only the sense of justice of the civilized world required our recognition; of the belligerency of Cuba, but its political recognition. and yet because the struggling Cubans have a capitol constructed The distinction, as I understand, between belligerency and in­ of bamboo, with possibly a roof of leaves or grass, which does not dependence is of so shadowy a charader that I can not under­ rise to the dignity of such a capitol building as we enjoy, the Sen­ stand why the Senate hesitates to make the recognition full or to ator from Louisiana tells us gravely that we can not recognize the recognize the political independence of those people. The only belligerency of those people. distinction, as I am informed, is as to the right of the Cubans to Mr. President, as further showing to some extent the existence be represented at this capital by a minister or an ambassador. of the insurgent army in Cuba, I desire to send to the Secretary's I have sometimes been led to doubt the sincerity of these reso­ desk and have read a communication of Mr. J. Frank Clarke, writ­ lutions-and I dislike very much to doubt their sincerity-because ten from Habana, under date of March 14. they have not been put in an authoritative form. It has been The PRESIDING OFFICER. Without objection, the Secre­ said here by the distinguished chairman of the Committee on tary will read as indicated. Foreign Relations, and it seems to be conceded all around, that The Secretary read as follows: the resolutions are simply advisory. Now, why make them ad­ SIZE OF THE CUBAN .ARMY-SOME INTERESTING FACTS CONCERNING THE visory merely? If the struggling patriots of Cuba are entitled to STRENGTH OF THE INSURGENTS-FORTY-THREE THOUSAND MEN IN THE any recogni-tion whatever at our hands, why not give them that FIELD WITH BUT ONE OBJECT IN LIFE, THEIR FREE.DOM-WONDERFUL kind of recognition which will be of benefit to them..? Why say PROGRESS MADE, NOTWITHSTA:l\TDING ALMOST INSURMOUNTABLE OBSTA­ OLES-ARMS AND AMMUNITION NEEDED. to the people of Cuba who are waging this war for the preserva­ HABANA, March 14. tion of their political rights, for the preservation of their homes, [Correspondence of the United Press, via Tampa, Fla.] for the preservation of their wives and children, '' We sympathize The present strength of the insurgent army is close to 43,000. Cubans with you, but we can not extend to you aid under these circum­ themselves estimate the number of nien in the field as high as 60,000, but even stances"? if unarmed camp followers, men in charge of provision trains, hospitals, and cam:{>S were counted it is doubtful if that number could be found actually in Mr. President, it occurs to me that it would be no more cruel serVIce. There are thousands of Cubans who would willingly cast their lot to place water within the sight of a dying man upon a desert and with the patriotic army, but lack of arms and ammunition prevents. to say to him, "We sympathize with you, but we can not give The insurgent forces operate as a. rule in zones or districts and are organ­ ized on military lines. The columns of Gomez, Maceo, Lacret, and Banderas you the water." If we stand here and suffer Spain to apply the are, however, limited to no one province, b_ut PI!SS~rom o~e to anotht-r under knife to the throats of the Cubans, we will be justly chargeable in direct orders of Gomez. The commander-m-chief 1s now m Matanzas and the the eyes of the civilizfd world with impotency and with coward­ others have reinvaded Habana. Province. The following is a statement of the ice. Why not put these resolutions in the form of a joint resolu­ strength and location of the forces of the principal leaders: tion? Why not send them to the Presidentofthe United States and LEADERS AND LOCATIONS. say to him, "Sign these resolutions, make them a part of the law Maximo Gomez, in Matanza..'i------· ------··­ 6,000 of the country, or take the responsibility of inviting the adverse Antonio Maceo,Miro Zalas, and others, in Habana ...•.•.•••..... J------5,000 criticism of your countrymen?" Sera.tlm Sanchez, in Santa Clara ______-----·------·-···---- 4,000 Jose Mac~o. Rojas, Rodriguez, in Santiago·------······------····· 3,500 A few days ago Senators in this Chamber, to use a phrase which 3,000 probably is not altogether parliamentary, were falling over one ~~~~~~;~~:in&"baiia::::: ::::::::::::::::::::: :::::::::::= :::::::: 3,000 another to vote for the resolution. There was a wonderful burst Masso Alvarez, Castillo, Memestro, Nunez, in Habana.------···· ------3,000 Delgado, Bermudez, Sanchez, and others, in Pinar del Rio ______2,500 of patriotism and patriotic sentiment here, among Republicans Aguirro, Diaz, Hernandez, Palacios, in Habana ...... ------· 2,500 and Demoerats alike-and Populists were inspired a little, too-in Ma.yit, Roderiguez,and others, in Oamaguey ------·-·--····--·----··- 1,500 order to demonstrate to the world by our votes that we not only Reyes Benitez, Vasa, and Mendicita, in Santiago ______••...• 1,000 Rafael and Ca.rdonas, in Ma.tanza.S ______--·------· 800 sympathized with Cuba, but that we were willlng, if need be, to Verona, Ruperto Sanchez, and others, in Pinar del Rio ______800 afford her substantial aid under these distressing circumstances. Oliva and others, in Pinar del Rio ______------· ••.... -----·---- 600 Yet our patriotism has been sifting out from that moment to this, Carillo, Joaquin, Garcia, o.nd others, in Santiago ______600 Roloff Pancho, and Perez, in Santa Clara...... -·-···--··---··-----··--·- 500 until it is very doubtful whether the resolutions can pass here Mira~l, Ferrez, and Veita, in Santa Clara._------....•. ------500 to-day. First came the senior Senator from Maine [Mr. HALE] Rego Sixto, Roque, Palao, and Sanchez, in Santa Clara ______500 antagonizing the resolutions, then the honorable semor Senator Cortunai Vidal, and Juan Bravo, in Santa Clara------400 Juan To edoand El Inglesito, in Santa Clara ______------··------400 from Massachusetts [Mr. HoAR], and finally the chairman of the Mantaga.s, in Manzas ______------·-·· ------·· 400 Committee on Foreign Relations, I guess, has concluded that it is Robau, Cebreco, Ruen, and Planas, in Santiago ______----··------400 about time for him to retreat, and we are offered the resolution Borroto, Lancho, Sardinas, and Eduardo Garcia, in Matanzas ______~()() Aulit, Mosjon, Dimas, Martinez, and Sorolongo, in Matanzas ______400 now before the Senate to recommit the Cuban resolutions for fur­ Villancoa, Acosta, Aguilar, and others, m Habana ------·----··----·­ 300 ther consideration. I suppose that is the end of it. Munez, Chapotin, Sosorro, and Lino Perez, in Santa Clara...•• .....•..• 200 Mr. SHERMAN. I call for a vote on the resolution. The PRESIDING OFFICER. The resolution will again be Total .•.••••••• ------···--.•.• --·------··-••••••... - {2, 800 read. HOW THEY ARE DISTRIBUTED. The Secretary read the resolution, as follows: The distribution according to provinces is: Habana, 16,800; Matanzas, 8,000; Resolved, That the Senate insist upon its disagreement to the amendment Santa Clara, 6,500; Santiago, 5,500; Pinar del Rio, 3,900; Camaguay, 2,100; total, of the Bouse of Representatives to the resolution of the Senate in regard to 42+800. the insurrection in Cuba, and ask a further conference with the House on the m addition to the above, there are innumerable local bands from 15 men to disagreeing votes of the two Houses thereon. 50 or even 100, These do not form a. part of the fighting force and should not be counted as par t of the army. Their chief functions are to carry out The PRESIDING OFFICER. The question is on agreeing to the orders of Gomez, prohibiting the grinding of cane, the movement of the resolution. troops and supplies by rail, the shipment of provisions to cities, the sup­ The resolution was agreed to. pression of "plateados" who rob, burn, and commit other crimes. These small bands serve as recruiting agencies, and when they grow too large for By unanimous consent, the Presiding Officer was authorized to local operation they are attached to one of the army columns. Of the army appoint the conferees on the part of the Senate; and Mr. SHERMAN, proper, fully two-thirds are well mounted, and about half are well armed. Mr. MoRGAN, and l\!lr. LODGE were appointed. The others are armed with shotguns, revolvers, or only machetes. MESSAGE FRO:U THE HOUSE. CHOPPED WIRE FOR SHOT. A message from the House of Representatives, by Mr. CHAPPEL, Some of Maceo's men have old-style muzzle-loading guns, and lead iq so one of its clerks, announced that the House had passed the fol­ scarce that telegraph wires chopped mto short lengths is used for the charge. Spanish surgeons ha.ve on several occasions reported soldiers wounded with lowing bills: bits of wire. The insurgents have a few pieces of mounted cannon captured A bill (S. 789) for the relief of Kate Winter; from Government troops. '.rhere are perhaps a dozen of these guns, which A bill (S. 990) to amend section 9 of an act entitled "An act to have been used with disastrous effect against the small wooden forts which the Spanish troops have erected at v:trious points. provide for the appointment of a sealer and an assistant sealer The Cuban army of liberation, as it is called, has grown to its present size of weights and measures in the District of Columbia, ancl for other in the face of almost insurmountable di:mculties. From the beginning it has purposes"; been outnumbered hf the army of Spain, in never less than four to one. It has escaped annihlla.twn in many encounters when ammunition ran out. It A bill (S. 2251) to authorize the construction of a bridge across has lived on forage, been almost constantly under fire, and is to-day a reck­ the Calumet River; and less, dare-devil army with but one view, and that is to free Cuba. What A bill (S. 2419) to authorize the leasing of lands for educational comes after is not given a thought. J. FRANK CLARKE. purposes in Arizona. INDEPENDENCE OF CUBA, Mr. ALLEN. Similar articles have appeared in the press from Mr. PLATT submitted the following concurrent resolution; time to time for the last year, and especially for the last few months, which was referrad to the Committee on Foreign Relations, and and I take it for granted the people of the United States, andes­ ordered to be printed. pecially the Senate of the United States, can no longer doubt that Resolved, That the Senate (the House of Representatives concurring) a state of war exists in Cuba and that the insurgent forces are at hereby expresses its earnest desire and hope that Cuba. may soon become a 8082 CONGRESSIONAL RECORD-SENATE. MARcH 23, free, independent, and republican g~vernment, and that the friendly offices The SECRETARY. On page 4, line-23, it is proposed to strike out of the Umted States should be offered by the President to the Spanish Gov· ernment to secure such result. the words "Epidemic Diseases" and insert in lieu the:reof "Pub­ ADJUSTMENT OF CLADIS WITH ARKANSAS. lic Health and National Quarantine." The amendment was agreed. to. Mr. CULLOM. I ask that the bill (S. 502) to approve a com­ The reading of the bill was l'esumed. The next amendment of promise and setttlement between the United States and the. State the Committee on Appropriations was, on page 5, afte11 line 3, to of Arkansas, which is the unfinished business, be again tempo­ insert: rarily laid aside, so that it may not lose its place. The PRESIDING OFFICER. Is there objection? The Chair For clerks to the Committees on Woman Suffrage, Mines and Mining, Immi­ gration, Revision of the. Laws of th Onited Sts.tes, Corpm.·ations Organized hears none, .and it is so ordered. in the Disnrict of Columbia, Indian Depredatioll.S, and Construction of the LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL. N icaragua C:mal, at $2,100 each, $1.4:,7"00. Mr. CULLOM. I move that the Senate proceed to the consicl­ 1\Ir. HILL. I should like to hear some expkmation oi this­ eration of the legislative,. executive, and judicia! appropriation amendment, as to whether the amounts are changed or whether bill. additional clerks are provided. The motion was agreed to; and the Senate, as in Committee of 1\Ir. CULLOM. In the passage of the bill in the other House the Whole, proceeded to consider the bill (H. R. 6248) making there were several mistakes in footing up the total amounts, which appropriations for the legislative, executive, and judicial expenses have been corrected b.y the clerk of the Committee on Appropria­ of the Government for the fiscal year endin~ June 30, 1S97, and tions of the Senate, so that I think they are now correct~ On page for other pmposes, which had been reported ttom the Committee 5 provision is made for quite a number of additional clerks to on .Appropriations. with amendments. committees who have not heretofore received the annual salary Mr. CULLOl\I. I ask the consent of the Senate that the first now provided in the amendment. That~ of course, changes the formal reading of the bill be dispensed with, and that the amend­ total expense of the paragraph. ments 1·eported by the Committee on Appropriations be first con­ 1\Ir. HILL. I had the honor to be chairman of the Committee sidered and disposed of as they are reached in the reading of the on Immigration for about two years. It is not an exceedingly bill. laborious committee, yet we reported some bills. we conducted Ml.·. PEFFER. Is it the intention of the Sen..'lltor from illinois some investigations, and we discharged our duties in a reasonably to ask that only the amendments proposed by the committee be satisfactory manner, I assume. The clerk of that committee was disposed of on the first read.in o-? given the extra-vagant compensationof about $1,400. I have now Mr. CULLOJ.f. That they be disposed of on the first reading be~m succeeded as chairman by the junior Senator from :Massa­ of the bill. chusetts [1\fr. LoDGE], but I am still a member of the committee. Mr. PEFFER. Other amendments to come in afterwards? I am not aware of any necessity for a change in the salary of the Mr. CULLOl\I. And then that the bill be open to amendment clerk. I am not aware of any new duties which have been added as the Senate sees proper. to those of the clerk. and I do not understand the discrimination The PRESIDING OFFICER. Is there obj-ection to the request proposed to be made. It is in regard to that matter that I ask for of the Senator from lllinois? The Chair hears· none, and that some information. Why has this committee assumed such pro­ ,course will be pursued. portions lately? What new duties haye been added to it? I should Mr. HOAR. I desire to say to the Senat-or from lllinois that, as like. to know why it is. proposed to jump the salary of the clerk he well knows, there are provisions in the bill in regard to mar­ from $1,440 to $2,100. I do not refer to the additional clerks added shals and district attorneys. The Committee on the Judiciary, at in this paragraph, but to the additional salaries. It strikes me ithe request of the Committee on Appropriations, haTe considered tha.t some of those committees have very little to do, I am not 'that subject and have. communicated to the Committee on Appro­ complaining of that. I simply wanted to kn<>w why it was that ~priations their result; but there are a few cases where Senators under the previous administration of the Senate the clerk of the 1desired to be heard after the committee had acted-about a half Committee on Immigration, who was my clerk, was given $1,440 a aozen in all. The committee have made a supplementary report. year and the new clerk is to be gi-ven $2,100 a year. If anyone '1 hope the Senator from lllinois will not take up that part of the can tell me the reason why that is done, then I am satisfied. bill untH to-morrow, because that report can not come in in print 1\:fr. CULLOM. I suppose one of the reasons why the clerk of until then. the committee when the Senator was chairman received only :Mr. CULLOM. I do not suppose that that portion of the bill $1,440 was because the Senator did not ask for an increase. I do will be reached before that time, but if the Senator desires that not know how that may be. There a1·eperhaps only two or thre& it shall not be disposed of until to-morrow morning I am per­ of the committees mentioned in this amendment the clerks of fectly willing. which are paid a higher salary than they have heretofore received. Mr. HOAR. If the Senate reaches that p..'\rt of the bill I a-sk the For instancel the clerk of the first committee mentioned has for a Senator to reserve those particular amendments until to-morrow. number of years been an annual clerk, and the same is true of sev­ 1\Ir. MITCHELL of Oregon. I will say to the Senator in charge eral other committees named. of the bill that I should like to have the provision relating to clerk Mr. HILL. What was the sala1·yof the clerk of the Committee hire in the office of the surveyor-general of Oregon go over until on Woman Suffrage?- It is a most important committee, of course, to-morrow. and the duties must be very laborious. The Secretary proceeded to read the bill. The first amendment Mr. CHAl-l'"'DLER. I desire to say a word in reference to the of the Committee on Appropriations was, in the provision for office amendment, especially in reference to the Committee on Immi­ of the Secretary of the Senate, on page 2, line 17, after the word gration. Two Congresses ago I had the honor of being chairman '' eac~" to insert '' and $500 additional to the financial clerk,. while of that committee. It was one of the busiest and hardest worked the omce is held by the present incumbent"; so as to read: committees of the Senate, of course, under those conditions and Cbief clerk, and financial clerk, at $3,000 each. and $500 additional to the considering the subject-matter that came before the committee. financial clerk, while the office is held by the present incumbent. I thought then that the clerkship ought to be placed in the highest The amendment was agreed to. grade. If I had continued chairman of the committee I should The reading of the bill was continued to the end of line 23, ha-ve asked to have that done. 2 :Mr. HILL. Will the Senator from New Hampshire allow mea pageMr. "PLA TT . In lin e 22 there IS· a proVlBIOn· · f or " l"b1 ranan, · moment? Was the cle.rk of the committee during yom· adminis­ $2,220." I should like to inquire if the committee has considered tration paid $1,440? whether his salary ought not to be increased. I do not know that Mr. CHANDLER. He was paid the same salary that he re­ it is in order to speak of it now, but before we get through with ceived in the last Congress. The Senator will see the point as I the bill I wish the committee would consider the matter. get on. I did not succeed in getting that clerkship raised, but I Mr. CULLOM. I know what the Senator from Connecticut bear testimony to-day to the fact that the committee is of sufficient refers to. The committee did consider the proposition, but, so far importance to ha.ve such a clerk. It ought to have had it two as I personally am concerned, when the committee amendments Congresses ago. It ought to have had it in the last Congress, ru·e dispo ed of, I shall have n-o objection to refening to it again. when the Senator from New York was the able and diligent chail·­ The reading of the bill was resumed. The next amendment of man of the committee. It ought to have it now, when the young the Committee on Appropriations was, on page 3, line 8, to increase and enthusiastic Senator from 1\Iassaehusetts [Mr. LoDGE] is the total for office of the Secretary of the Senate from $64,806.90 chairman of the. committee. to $65,306.90. I am obliged to say, however, that the salaries of these clerks The amendment was agreed to. are adjusted somewhat by the all-wise Committee on Appropria­ The reading of the bill was continued to the end of line 28, on tions with some reference to the personnel of the chairmanships. page 4. If the Senator from Tennessee [Mr. HARRIS] or the Senator from Mr. CULLOM. In line 23, on page 4, the words "Epidemic Ohio [Mr. SHERMAN] were to find himself at the head of any com­ Diseases" should be stricken out, because of the recent change. mittee of the Senate, considering his long service in the Senate. he. It should be the Committee on Public Health and National Quar­ would be gi-ven a elerk of the hi~est grade. I was. surp:rised, I antine. must confess, when the distingmsb.ed Senato:r from New ~Ol"kr 1896. CONGRESSIONAL RECORD-SENATE. - 3083

~ming from the governorship of the Empire State to grace this for that in the appropriation bill. We have paid for the stenog- • , Chamber with his person and his eloquence, became chairman of rapher from our own pockets. What I am complaining of is the the Committee on Immigration that the then dominant party in discrimination in regard to the clerks of the various committees. this Chamber did not give him a clerkship adequate not only to !realize, as does the Senator from West Virginia rMr. FAULKNER], the work of the committee, but to the character and standing of that the salary paid to these clerks is very small, considering the the Senator himself. I think that the majority of this House ought amount of work that they do. Not only the committee work is to have given a clerkship to the committee commeDBurate with :i:mposed upon these clerks, but also the work necessitated as private its personnel and commensurate with the importance of its serv­ secretaries to Senators. The salary that is paid to the majority of ices, and I assure the Senator I should have cooperated with great the committee clerks, $2,100, is not too large; but I wish the earnestness and cordiality, if he had remained chairman of the Committee on Appropriations might reach a proper and impartial committee until this time, in having the clerkship advanced. basis where all these clerks should be paid the full and maximum I now think that the conclusion of the Committee on Appro­ amount. I do not believe in being stingy in regard to these mat­ priations ought to be accepted ·without any demur not only with ters. I should like to hear from the Senator who has the bill in reference to this committee, but with reference to the other com­ charge in regard to the matter. mittees where they propose to raise the salaries of the clerks. It is Mr. CALL. Nearly all the clerks of the committeeB mentioned a difficult matter to adjust. Unless all the committees have clerk­ in this paragraph have been paid this salary for many years. The ships of one grade it must be difficult to draw the line. But the Committee on Woman Suffmge has been alluded to here as not Committee on Appropriations have done it as well as they could. having had any meeting. That committee represents a great body They have been influenced not only by the consideration of the of public sentiment in this country. It was created at the earnest important duties which the committees haYe to perform, but some­ solicitation and demand of a large number of the women of the what by the character and standing and position in the Senate of United States, who met in this city when holding their c-Onferences. the various chairmen of the committees. The committee was given a clerk ranking with the other commit­ I hope, therefore, that the Senator from New York will not tees upon their special request. The correspondence of that clerk undertake either on this or any other occasion (indeed he and I is very great. There is a great public sentiment in this country, know it is vain) to make any attempt to impugn the exceeding whether we 3.c.aree to it Ol' disagree to it, of the intelligent women wisdom and impartiality of the Committee on Appropriations. of the country, zealous and earnest in what they conceive to be a :Mr. KYLE. Mr. President, I should like to hear further from measure of greatimportancetothepnblicand to themselves. The the Senator from Illinois who has the bill in charge as to the c.lerk of the committee has to my knowledge paid out of his salary a basis upon which this adjustment is made. I observe that the monthly sum for the purpose of keeping up the business of the amendment as reported by the Committee on Appropriations pro­ committee and the duties imposed upon him. In respect to the dig­ vides that the clerk to the Committee on Woman Suffrage shall nity of the committee in representing a great public sentiment, in receive $2,100 a year. I do not know that that committee has representing an earnestpublicsentiment, the Committee on Appro­ had a meeting during the present session. I know that during priations have only acted in deference to the requests of a vast the past Congress there were two or three meetings of the, Com­ number of the intelligent women of the United States. They have mittee on Woman Suffrage, but at the present session I believe a right to be heard and a right to be represented in the commit­ they have had none. The Committee on Mines and 1\Iining I be­ tees of this body. lieve is quite an important committee, and I do not object to the J.\.Ir. CULLO:M. I have been called upon by the Senator from raising of the salary of the clerk to that committee. I do not South Dakota [Mr. KYLE] to explain the amendment. There is think that the Committee on Revision of the Laws of the United very little explanation, it seems to me, necessary. The commit­ States has had a meeting during the present session. The Com­ tee, with the representations before it, thought they ought to make mittee on Corporations Organized in the District of Columbia I many of the clerks of committees annual clerks. The Senate is do not think has had a meeting during the present session. The misled to an extent, becawe seyeral of the committees named Committee on Indian Depredations has had one short meeting of already have annual clerks. The Committee on Woman Suffrage, half an hour, when a quorum was not present. The Committee as the Senator from Florida has said, has had an annual clerk for on the Construction of the Nicaragua Canal I believe has not had a good many years. a meeting at the present session. Mr. KYLE. At what salary? Mr. MORGAN. Oh, yes; they have. They have been in session Mr. CULLOM. Two thousand one hundred dollars, I think; all the time. the usual amount. So has the Committee on 1t!ines and 1\Iining. Mr. KYLE. In session all the time? As to the Committee on the Nicaragua Canal, in view of the work Mr. MORGAN. Yes, all the time. that that committee will be compelled to discharge, the great Mr. KYLE. I think that all our committees are in session all question it has under consideration, in which the country is very the time, as far as that is concerned. much interested, and the distinguished character of the Senator Mr. MORGAN. I will state to the Senator that every member who is chairman of that committee, the Committee on Appropria­ of that committee is charged with a particular part of the work, tions thought it was only common fairness that the committee and he is working at it like a man and doing his best. should have an annual clerk to aid it in the discharge of its work. Mr. KYLE. I presume that is true of every committee. Each The Committee on Appropriations has tried to do the best it member has specific matters referred to him, and then the com­ could, as has been said, with reference to these committees. Ap­ mittee meet and confer. peals were made to it by different Senators. The &nator fi·om Mr. MORGAN. They have not conferred yet, but at the same South Dakota will observe that as we are getting alcr..1g I appre­ time they are engaged in preparing theix work so as to submit it hend it will not be very many years before it will be shown that to the Senate. the work of every committee in the Senate will be such as to Mr. KYLE. But what I am trying to get at is the basis of this necessitate an annual clerk. The Committee on Appropriations discrimination. hardly felt at liberty to adopt that scheme at present, but we went Mr. HALE. I hope the Senator will bear in mind that a great as far as we could under the circumstances. I hope we shall have many of these committees are so very busy that they have no a vote on the amendment and proceed with the consideration of time for meetings. the bill. 1\Ir. KYLE. That is a very important observation. I am glad :Mr. CHANDLER. I wish to say one word more in regard to to know it. the Committee on Woman Suffrage. That is a very important :Mr. FAULKNER. If the Senator fl:om South Dakota will per­ committee. The Senate have always undertaken to constitute mit me, I will state very frankly why I voted for the increase in that committee as one of gravity and they have made it a com­ the committee and why I shall vote for it in the Senate. The mittee of import.ance. The chairman two Congresses ago was clerk of this committee also really does the work of a secretary of the senior Senator from Massachusetts r:n.rr. HOAR]' who has a Senator. He not only has to attend to the duties of the com­ oeen very long in the service of the Government in the Senate. mittee and all the work of the committee, including all the cor­ The present chainnan, the Senator from Florida [Mr. GALL], has respondence and obtaining the information necessary tolay before been in the Senate nearly as long as any member upon the other the committee on matters that come before it, but he also has to side of the Chamber. I have no doubt that these facts entered perform the duties that are devolved upon the secretary of every into the minds of the members of the Committee on Appropria­ Senator who has not the chairmaDBhip of a committee. For that tions in determining what the rank of this clerkship should be. reason I thou~ht there should be a discrimination between those The Senator from South Dakota rMr. KYLE] said that the Com­ gentlemen who had more labor imposed upon them than the mittee on Woman Suffrage has not much work to do. The com­ clerks of Senators who receive $1,200 a year. mittee, to my knowledge, has had repeated hearing~. It hears Mr. KYLE. I am not complaining about the salary of the with patience all the delegations of the women of the country who clerks, but about the discrimination. I wish to say in reference come here to argue the progressing cause of woman suffrage. It to my own committee that we have had eight or ten meetings at has always had hearings and has had as much work to do as al­ the present session, each one lasting an. hour or an hour and a most any committee in the Senate. I do not lmow whether the half. We have had important hearings, where we have had to Senator from Florida said that or not, but he will COITect me if I .hire our own stenographer, and I pYesume allowance is not made am wrong. · 3084 CONGRESSIONAL RECORD-SENATE. MARCH 23, ~

There is the Senator from Florida, who, in addition to doing the ta~k. I do not know whether that is because he was connected' duties of thi<; committee with zeal and with diligence, does as with the Navy so long, but at any rate it is a fact. ~il\' much or more work for his constituents, the people of Florida, as I am perfectly willing that all the committees enumerated ir( is done by any other Senator here for his constituency. No Sena­ the amendment proposed by the Committee on Appropriatio~ ' tor from New York or from Pennsylvania works any harder for shall have clerks, but I am not willing that those clerks shalfi his constituents in those great States than the Senator from Flor­ have higher salaries than other persons of equal grade who de) ida works for his constituents of Florida, which, by the way, is a quite as much work and are 9-uite as important. I do not know little larger in area than the State of New York. The Senator that the character of the chall'Illan has anything to do with th~ · from Florida goes all over it, and knows all about it, and works work of the clerk of the committee. Now I move to amend the~ for its people. I regret that the Senator from South Dakota amendment proposed by the committee. · should wish to deprive that Senator of the little recognition which The PRESIDING OFFICER. The Chair will state to the Sen~ his character and services in the Senate have received from the tor from Kansas that there is an amendment pending to the com- ' Committee on Appropriations. mittee's amendment. ~ :Mr. KYLE. 'l'he Senator from South Dakota does not wish to Mr. PEFFER. What is the pending amendment to the amend~ deprive the Senator from Florida of the emoluments of his commit­ ment? ,, tee. I am glad, indeed, that he has them. The only thing I wish is The PRESIDING OFFICER. The amendment offered by the that the rest of us had the same privileges under the laws of the Senator from South Dakota [Mr. KYLE]. The amendment will United States. I was going to move before the close of the dis­ be stated, cussion, and I will now move, to amend the amendment of the The SECRETARY. Strike out, in line 7, page 5, the word" and,'! committee by adding to the list the rest of the standing commit­ and after the word" Canal," in line 8, insert "and all other stand· tees of the Senate, whatever they are. ing committees"; so as to read: Mr. MORGAN. Mr. President, in consideration of the impor­ Indian Depredations, Construction of the Nicaragua Canal, and all other tance of the work, as we know, which is intrusted now to the standing committees, at $2,1(10 each. 1 Committee on the Nicaragua Canal, as it is called, it has been a standing committee of the Senate. It will have to remain a Mr. CALL. I hope the Senator from Kansas will allow us to standing committee of the Senate for years and years to come if go on through the bill and then come back to this question. that canal is built; and if it is not built, it is equally important Mr. PEFFER. I am not willing to allow the bill to go on until that the Senate should have a standing committee until the time we have discussed this amendment. arrives when we can build it. The duties of that committee are Mr. CALL. There are quite a number of other amendments going to be and are now very onerous. For instance, this morn­ reported by the committee, which will give rise to no discussion, if ing I received a list, after quite a laborious correspondence, of as we can proceed with the bill. many as six of the presidents and controllers of the great canals Mr. HILL. I suggest to th.e Senator from Illinois, as I desire of the world, from whom I have to obtain maps and reports and to make some investigation in reference to other committees, that data. for the satisfaction of this body upon every question con­ he allow this paragraph to be pa-ssed over for the present. nected with this very important affair, because we can not afford Mr. CULLOM. I have no objection to allowing the paragraph to take any step in regard to the Nicaragua Canal in the dark, or to be passed over for the present, if desired, so that we can go on at least very few. Some of them, of course, we have to take with­ with the bill. out full knowledge, but we must be thoroughly informed upon Mr. CALL. It can be passed over infolmally. every step that we take in regard to this enormous affair, this The PRESIDING OFFICER. The paragraph will be passed great outlay, if we make it. It is a most important work. over, without objection. The Secretary will continuethereading The labor of that committee, by concurrence among the mem­ of the bill. The next amendment of the Committee on Appropriations was, bership of it, there being seven memb~rs of the committee, has been divided up into seven distinct heads, and very naturally so. on page 5, line 10, before the word" clerks," to strike out" twenty­ Each Senator is at work upon his own particular duty, the duty six" and insert "twenty-one," and in line 13, before the word that has been a-ssigned to him, and in that way the committee is "dollars," to strike out "thirty-seven thousand four hundred and preparing a report upon all of these separate and distinct heads. forty" and insert "thirty thousand two hundred and forty"; so When those reports are drawn together, I suppose that the Senate as to make the clause read: of the United States will not have received in regard to any public For twenty-one clerks to committees, at $1,«0 each; in all, $30,240. enterprise more accurate or thorough information than will be Mr. BAKER. If the preceding paragraph is to be postponed, imparted by the labors of these gentlemen. It is necessary to keep then all the subject-matter contained in lines 10, 11, 12, and 13 the office open. It is necessary to have a clerk here in vacation as ought also to be laid over along with the other, because it is quite well as during the sessions of the Senate. He will be busy during evident that there are very many clerks embraced in the pen

1896. CONGRESSIONAL RECORD-SENATE. 3085

Mr. CULLOM. Simply a transfer. The effect of it is to pro- called to this and a great many other items of expenditure which mote them. are not only unnecessary, but are viciously extravagant, and it is . Mr. PEFFER. Shifting them from one department to another? time that a halt be called somewhere. If we go through this bill Mr. CULLOM. Yes. we will find a great many different items that ought to be stricken The PRESIDING OFFICER. The question is on agreeing to out, and so far as I can keep up with them I propose to ask that­ the amendment reported by the committee. they be stricken out, not only in reference to laborers and barbers, The amendment was agreed to. but in due time for Senators themselves, so that we shall show a The reading of the bill was resumed. The next amendment of disposition to economize in the expenditures for ourselves as well the Committee on Appropriations was, on p~ge 6, line 5, after the as in larger transactions. word" each," to strike out" eleven skilled laborers, at $1,000 each," Mr. CULLOM. The bill as reported by the Committee on Ap­ and insert" skilled laborer, $1,000"; so as to read: propriations to the Senate carries with it a smaller amount by Assistant messenger on the floor of the Senate, 5:1,440; messenger to Official $345,843.37 than the act of last year. Reporter'sroom, $1.440; messenger in charge ~f st

The next amendment was, on page 6, line 22, after the wor d at $60 per month each, S:MOO; six laborer s known as cloakroom men , at " dollars," to strike out " clerk in post-office, $1,800," and on page S.'>O per month each; horse and buggy, for bepartment messenger, S25Q ; in 7, line 2, before.the word '' hundred," to strike out'' nineteen thou­ all, $121,346.50. ~d three" and insert "seventeen thousand five"; so as to make The amendment was agreed to. the clause read: The next amendment was, on page 15, line 22, after the word Post-office: For postmaster, $'2,250; n.ssistant postmaster and mail carrier, " thousand," to strike out "and"; so as to make the clause read: $2,088; seven mail carriers and ona wagon master, at $1,200 each; four riding For employment of Joel Grayson in document room, $1,500. pages, at $912.50 each; in all, 17,588. The amendment was agreed to. The amendment was agreed to. The next amendment was, on page 16, line 4, after the word The next amendment was, at the top of page 8, to inserts "thousand," to strike out ''five hundred and sixty-one dollars and For thirty-eight annual clerks to Senators who are not chairmen of com­ twenty cents" and insert "six hundred dollars," and inline7, mittees, at 81,200 each, $-t5,600. after the word ''thousand," to strike out'' one hundrecl and eighty­ The amendment was agreed to. one dollars and twenty cents" and insert "two hundred and thirty The next amendment was, on page 8, line 16, before the word dollars"; so as to make the clause read: " thousand," to strike out "four" and insert " eight"; so as to Office of postmaster: For postmaster, ~,500; first assistant postmaster make.the clause read: $2,000; ten messengers, including messenger to superintend tr~n~portation or1 For folding speeches a.nd pa.mphlets, at a rate not exceeding 1 per thou­ mails, at $1,200 each; three messengers, during the session, at SliOO each; four sand, $8,000. me sengers, at 100 per month each, during the session, 1,600; and one laborer. 120; in all, $21,230. The amendment was agreed to. The next amendment was, on page 8, line 23, after .the word The amendment was agreed to. " cleaning," to insert '' repairing "; so as to make the ciause read: The next amendment was, on page 16, line 21, before the word "days," to strike out "seventeen" and insert "twenty-one"; so as For services in cleaning, repairing, and varnishing furniture, $1,000. to make the clause read: The amendment was agreed to. That wherever the words "during the session" occur in the foregoing The next amendment was, on page 9, line 17, before the word paragraphs they shall be constr·ued to mean four months, or one hundred " privates," to strike out "twenty-five" and insert " thirty­ and twenty-one days. seven"; and in line 20, before the word" hundTed," to strike out Mr. HALE. In the appropriations for the Library of Congress, " thrrty-nine thousand nine" and insert " fifty-three thousand on page 19, line 3, I move to strike out" eight" and insert'' eleven.'' one"; so as to make the clause read: The PRESIDING OFFICER. The amendment will be stated. CAPITOL POLICE. The SECRETARY. On page 19, line 3, before the word" clerks," For captain, $1,600j three lieutenants, at $1,200 each; thirty-seven privates, it is proposed to strike out "eight" and insert "eleven"; so as to at $1,100 each; and e1ght watchmen at S900 each; in all, $53,100, one-lialf to be read: disbursed by the Secretary of the Senate and the other half to be disbursed by the Clerk of the House of Representatives. For the employment of eleven clerks, atSOOO each, under the direction of the Librarian of Congress, necessary for the execution of the copyright law. The amendment was agreed to. 7,200. The next amendment was, on page 9, line 23, before the word " hundred," to strike out "one" and insert "three"; so as to make The amendment was agreed to. the clause read: Mr. CULLOl\I. The total ought t o be changed, in view of that amendment, from $7,200 to 89,900. For contingent expenses, $300. The PRESIDING OFFICER. The amendment will be stated. The amendment was agreed to. The SECRETARY. On page 19, line 5, after the word "law," it The next amendment was, on page 11, line 24, to increase the is proposed to strike out "$7,200" and insert" 9,900." total of the appropriation for the expenses of the office of the The amendment was agreed to. ClerkoftheHouse of Representatives from "$84,144" to "$84,168." The reading of the bill was resumed. The next amendment of The amendment was agreed to. the Committee on Appropriations was, on page 10, after line 6, t o The next amendment was, on page 12, line 8, before the word insert: " dollars," to strike out "one thousand" and insert" eight hun­ For re~er of copyrights, $2,000, who shall be selected by the Committee dred," and in line 10, before the word" hundred," to strike out on tho Library of the two Houses of Congress, shc1.ll give bond, shall have and " six" and insert " four"; so as to make the clause read: exercise all the rights and duties touching copyright now devolved upon Under : For chief engineer, Sl,700; two assistant the Librarian of Congress, a.nd shall make weekly dcposi and monthly engineers, at Sl,200 each; four condudors of the elevators, at $1,100 each, who reports to the Secretary of the Treasury, to be immediately available. shall be under the supervision and direction of the Architect of the Capitol; The amendment was agreed to. laborer, 20; fivefiremen,atS900each; electrician, 1,200; laborer,~; laborer to clean Statuary Hall a.nd watch statuary therein, 660; in all, $16,480. The next amendment was, on page 20, line 21, before the word The amendment was agreed to. "dollars," to strike out" tillee thousand and five hundred" and The next amendment was, on page 13, line 11, before the word insert "five thousand"; and on page 21, line-6, before the word " dollars," to strike out" twelve thousand six hundred and thirty­ "hundred," to strike out" thirty-three thousand seven" and in­ six '' and insert "thirteen thousand and sixty-eight"; so as to sert "thirty-five thousand two"; so as to make the clause read: m ake the clause read: For compensation to the following in the office of the President of the United States: Private secretary, ~.UX>; assistant secretary ",!:00; one exec­ For eighteen clerks to committees, at $6 each per day during the session, utive clerk and disbursing officer, and one executive clerk, at;1 8:!.000 each; two $13,068. clerks of class 4; two clerks of class 3; steward, $1,800; usher to the Presidtmt. The amendment was agreed t o. $1,800; chief doorkeeper, $1,800; four doorkeepers, at $1,200 each; four messen­ ~ers, at $1,200 each; watchman, .,..1}00; and ongineer, who is also the fireman. The next amendment was, on page 14, line 25, after the word $1,000; in all, $35,200. " and," to strike out "nineteen dollars and eighty-four cents" and insert "forty dollars"; on page 15, line 10, before the word "dol­ The amendment was agreed to. lars " to strike out "six hundred and fifty-two" and insert "nine The next amendment wa.s, on page 21, line 19, after the word h undred and eighty-two"; in line 12, after the word "and," to "each," to strike out "one messenger" and insert "two messen­ strike out "forty-six dollars and fifty-six cents 11 and insert "and ger boys, at 8400 eacil"; and in line 23, before the word ''dollars," sixty dollars"; in line 14,aftertheword "thousand," to strikeout to strike out "and forty"; so as to make the clause read: " three hundred and forty-one dollai-s and seventy cents" and CIVIL SEU.VICE COMMISSION. insert "four hundred dollars"; and in line 20, before the word For three Commissioners, at $1,500 each; chief examiner, ,000; secretary, "cents," to strike out'' twenty thousand nine hundred and twenty­ $2,000; eight clerks of class 4; ten clerk of class 3j thirteen clerks of class 2; four dollars and sixty" and insert "twenty-one thousand three fifteen clerks of class 1; three clerks, at 1,000 eacn; two clerka, at 000 each; two messen~er boy_s, at $iOO each; two laborers; engineer, $840; a.nd two hundred and forty-six dollars and fifty"; so as to make the clause watchmen; ill all, $91,300. read: Office of Doorkeeper: For Doorkeeper, $3,500; and for hiro of horses, feed, The amend:QJ.en.t was agreed to. r epair of wagon and harne s, $600, or so much thereof as mar be necessary; The next amendment was, on page 22, line 9, after the word assistant doorkeeper, superintendent of document room, asSlstant superin­ "each," to insert "law clerk, $2,100 '; in line 16, before the word tendent of document room, and department messem:rer, at •,OCJO ea.ch: one special employee (John T. Chancey). 1,500; onespecia.le.mployce, l ,GOO: docu­ "clerks," to strike out'' ejght" and insert ''ten"; and in line 20, ment file clerk\ 1,400; assistant document file clerk, 1,3H; clerk to Door­ before the word "hundred," to strike out "seventeen thousand keeper, and jarutor, at ·1,200 each; nine messengers, including the messenger eight" and insert "twenty-one thousand seven"; so as to make to the reporters' gallery, at "1,200 each; nine mes engers, at 1,000 each; bi:x the clause read: "720 e~ch, laborers, at each; two laborers in the water-closet, at S72U th.:r'?9 DEP.ART:llE3T OF STATE. laborers, including two in the cloakrooJDB, at 600 each; female attendant ill ladies' retiring room., $720; superintendent of folding room, $2,000; three For compensation of the Secretary of State, $8,000; Assistant Secretary, cle~·ks in folding room, one at Sl,800, and two at $1,200 each: foreman, Sl,500; $!,500; Second and Third Assistant Secretaries, at $3,500 each; chief clerk, messenger, Sl,200; folder in sealing room, 1,200; page, $500; lo.bor~r, S7J?O; ten ~2,500; for si:s:: chiefs of bureaus and one translator, at" ",100 each; law clerk, f olders, at SOOO each; five folders, at $8!0 each; three folders durmg tne ses­ :>?.100; private secretary to the Secretary, $2,000; eleven clerks of olass 4; four sion, at $70 per month each, SS-W; fifteen folders, ·at $720 each; night watch­ clerks of class 3; seven clerks of class 2; one clerk of cia. :?, for indexing rec­ man, $900; -driver,$000; fourteen ·messengers, on the soldiers' roll, at $1,200 ords, 1,400; sixteen clerks of class li one of whom is to be a telegraph opera­ each· two chief {>ages, at SWO eachi· thirty-three _pages, boys not under 12 tm·; five clerks, at "1,000 ach; ton c erk: , at $!)00 ea.ch: one messenge1·; three y ears of age, durmg the session, inc uding two riding pages, one t lephone assistant messengers; packer, "7~; ten laborers; in a.ll, $121,7:.l0. page, and one telegrap.!l page, at $2.50 12er day each, $9,982.5U; ~o messen~ers during t he session, at flO p er month each, $560; ten laborers dul'lllg the session, The ameildment was agreed to. 1896. CONGRESSIONAL RECORD-· SENATE. 3087 '

The next amendment was, on page 22, after line 20, to insert: or the bills which are before us unless he or she has passed a civil­ For services of employees of the Bureau of Statistics, State Department, service examination of some sort, and then the appointments ara to be selected by the Secretary of State by reason of special aptitude for the distributed to the States in proportion to population, revolution­ work of compiling and distributing consular and other commercial reports, izing the whole system of appointments in all the Departments nam(:'ly, one clerk, at S1,400; one clerk, at $1,000; one clerk, at ~.and one laborer• at 660; in all, $3,960, the same to be paid from the appropriation of in the most minor and insignificant places. Now, right on the $20,000 10r preparation, printing, publication, and distr~bution, by the D.e­ eve, indeed, sir, the morning of the ve1·y day of an order going partment of State, of the consula.r and other commercial reports made m into effect making this system more sweeping in another Depart­ the diplomn.tic and consular appropriation act. approved February 27,1896. ment of the Government which, as we are informed, is soon to Mr. GORMAN. I should like to ask the Senator in charge of cover every appointment, here comes from the State Department the bill to explain the provision for certain employees in the State a proposition to employ a clerk at $1,400, to be the personal ap­ Department, particularly that portion of it which is found in lines pointment of the Secretary of State; that is to say, it is proposed 22 and 23. to permit the Secretary of State to appoint him without examina.­ :1\fr. CULLOM. This force has heretofore been paid out of the tion as to his qualifications. general appropriation for the Department, but the ruling of the I understand that the merit of the civil-service system is that Comptroller is such that the Department can not do it any longer. yon get better men because of such examination. Here are three They can not so pay them. Therefore the Secretar-y of State asked cle1·ks, one at $1 ,400, one at $1,000, and one at $900, and then a that this provision should be inserted in the bill. It does not take laborer at $660. I suggest to the Senator from illinois that if it any money out of the Treasury outside of what has been appro­ is a good rule which we have entered upon, the civil-service exam­ priated heretofore. ination should apply to all these placeB. I for one am utterly If the Senator will look on page 3 of the report the committee opposed to this provision for specific appointments outside of the made he will see that the Secretary of State writes as follows: civil service. The duties of these employees are not of a high SJR: I ha.vo the honor to submit herewith two items additional to the esti- character. It does not of necessity require any special technical mat es of appropriation s previously transmit lied. ' knowledge to perform the duties of a laborer or those of an ordi­ T hese items are ma{ie necessary by the discovery that a. practice which has nary clerk in that Department. I would give the Department the obtained of payin g employees of the Bru·eau of Statistics of this Department from the annual appropriation for the preparation, printing, publication, and employees they de ire and make provision for them, if they are distribution of theconsularandot hercommercial reports, and which was sup­ necessary, as they would seem to be from the note of the Secretary posed to be warranted by the language of the appropriation, is in conflict with of State; but I do not believe that to-day, in the light of what is the act of August 5,1882 (section 4, 22 Stat. L., 200 ), which prohibits the employ­ ment of persons by any Department, "except only at such rates and in such going on around us, orders being issued by the President of tha numbers\ respectively, a.s may be specifically appropriated by Congress for United States to place everybody else under civil-service rules, we such clerical and other personal services for each fiscal year." In order that ought deliberately to make these places exempt from that rule. thiB practice may be discontinued without embarrassment to the important work of editing, publishina, and distributing the consular reports, and of com· In line 22, page 22, after the word '' Department," I move to piling the annual volume, Commercial Relations, one of the items is submitted amend the committee amendment by striking out" to be selected for insertion in the deficiency a.ct for the fiscal year endi~ June 30. 1800, in by the Secretm·y of State by reason of special aptitude for the order that it may be immediately available, and the other m the regular ap­ propriations for salaries of the Department of State in the act makingappro­ work of compiling and distributing consular and other commercial priations for the legislative. executive, and judicial expenses of the Govern­ reports"; so as to leave the offices stand and let them come under ment for the fiscal yea1· ending June 30, 1897. the .general rule which has been made by the President of the United States. The Secretary writes quite an extended lett6r upon the subject, Mr. CALL. I hopa that motion will not prevail. Without dis­ which seemed to make it necessary, if we are going to retain the fo1·ce and engage in this work, that we should make an appropri­ cussing the merits of the civil-service law or its demerits, it is per­ ation for the purpose more specific than heretofore. tinent to the propmdtion of the Senator from :Maryland to say that :Mr. GORMAN. I wish to call the attention of the Senate and it is unwise to fmbid to a high o:ffi.cer of the Government charged withimpm·tant duties the selection of even a single person for the of the Senator to the fact that this provision as framed is ''for performance of a special duty and to divest him of the discretion services of employees of the Bureau of Statistics, State Depart­ which by law and the Constitution and of necessity invest in him, ment, to be selected by the Secretary of State by reason of special and to place it in tlu·ee persons under no kind of responsibility, aptitude for the work of compiling and dish-ibuting consular and not charged with investigating the aptitude of the person for that other commercial reports." Here a provision is proposed to be particular duty, not charged with investigating his fitness for a inserted authorizing the employment of this particular force, confidential position, but simply with his knowledge of some ele­ which, I understand, takes them outside of the civil service and mentary subjects. makes them -personal appointments under the Secretary of State. Mr. President, there can be no rea-son for such a proposition. Is that the object of the language which I have just read, found Why not, according to the argument of the Senator from Mary­ after the words "State Department," in line 22, and going down land, make the Civil Service Commissioners the Secretary of State? to the word "reports" in line 24? That is what he proposes to do. It is proposed to give to those Mr. CULLOM. Perhaps I had better read to the Senator another Commissioners the important duties of heads of Departments, be­ portion of the Secretary's letter on this subject, which may explain cause the selection of the officers who are to exeuute the law is what the Senator desires to have answered. clearly the whole of their duty. The executive department, As the work required is largely of a. technical and SJ>eeial character, a.nd charged with the execution of the laws, exercises that function analogous in these respects to the work of the o.ffi.ce o1 Naval Records of the Rebellion, I have adopted substantially the language of the &J?propriation by appointing persons :fit for the duty. The Constitution says the aet for that office (see Stat. L .• Fifty-third Congress, third sessiOn, chapter head of a Department shall have this power vested in him. That 177, page i91), in order that persons may be selected "by reason of special is the dish·ibution of power. The executive power of this Gov­ aptitude for the work." ernment is carefully invested in particular officers charged per­ Tl.te increase in the amount of ealaries heretofore )laid is $8!01 this amount beini; added in order to secure the services of a.n additional statistician, made sonally with important duties. What are they? To select and reqmsite by the recent growth in the work of compiling the consular and appoint the officers who are to pmoform them. othorcommercial reports, and to obtain greater effiClencyin the distribution However proper it may be to appoint some person as an exam­ of them. iner, to separate that duty from the head of the Department, t o 1\!r. GORMAN. Still I ask the Senator the question, if the lan­ make a list of eligibles, there is no reason why we should say that guage I have just read is not for the purpose of taking those em­ it shall be absolute, and that no person connected with these im­ ployees outside of the civil service and enabling the Secretary of portant duties shall be assigned thereto by the head of a Depart­ State to appoint them without an examination? ment; thatnodiscretionshallbevestedintheheadof a Department, Mr. CULLOM. I think they are already outside of the civil but that the whole power, even to appoint a bootblack or a el"ub service. woman•shall be placed in three Civil Servic& Commissioners who Mr. GORMAN. Yes. ru·13 charged with investigating blindly the scholarly quali:fi..cations Mr. CULLOM. And that being true, they can not be taken out of individuals. of it. It may be a good rule to create a list of eligibles under suitable Mr. GORMAN. They heretofore have been employed and paid examination, but there is no rea-son why, when the Secretary of out of a special appropriation-- State eomes to the Senate and the House and asks for a person to Mr. CULLOM. Yes. do a particular duty under his immediate eye, we should say he Mr. GORMAN. And were not officers of the Government. shall have no kind of dise1·etion in the selection of that pe1·son,

Now, for the first time by act we are to create these officers. who, on the contrary2 shall be taken from the highest upon a list of While I am not specially in love with the civil-service rules which eligibles. have been enacted, the fact is, that under recent orders, and those Mr. GORMAN. The Senator from Florida is making an argu­ which we are informed are to come within a day or two, practi­ ment against the civil-service law. cally everybody in all the Departments of the Government will be M1·. CALL. Oh, no; against its application to everybody. required to pass the civil-service examination. :Mr. GORMAN. The civil-service law authorizes the President It is not possible to-day to have a man or a woman employed in of the United States to place under the civil-service law any the Government Printing Office for the purpose of stit-ching books number of officers, and all of them, exclusive of those who are ·3088 CONGRESSIONAL RECORD-SENATE. M.ABOH 23, : ap:pointed by the President and confirmed by the Senate. It re- Why? Because there is a civil-service law which authorizes the qmres an order from him to do it. President to put everybody over whom he has authority under the Now, in this case, in the State Department the President of the civil service and provides that an appointment can only be made United States, by the request and with the concurrence of the in that way after a civil-service examination. But Congress has Secretary of State, has placed every messenger and every watch- the power to say to the President, "We will create an inferior man and every clerk and consular clerk and now consular agents office and we will obey the Constitution and put it under the head under that rule. That was their act, not the act of Congress. It of a Department, and you cannot divest Congress of that power." was done because they believed it would improve the public serv- Now, the Secretary of State comes here and asks Congress to ex­ ice. I accord to them perfect sincerity in all they have done. ercise that power. We are told that the President hasputevery­ N ow comes a proposition to create three or four places, and the body, the bootblacks and the scrub women, under the civil service, Senate by the amendment proposes to reverse the rule which the and the Secretary has agreed to it, and therefore, however impor­ Secretary of State and the President of the United States have tant and beneficial it may be, it can not be done. Why not? We made, and in these four appointments to take them entirely out- are not obliged to follow the President's suggestion, and it is not side of the civil service. at all pertinent to the civil service, as a general rule and policy to I am not in favor of the sweeping civil-service rules which have create a list of eligibles, that this should be done. been made; I do not believe that they work well, and I have What is the condition? They have arbitrary rules which dis­ thought from the beginning that it would come to just what the franchise and render ineligible to office all thepeopleof the United present Congress is considering, a permanent pension roll for the States over 45 years of age. There are other rules that require employees, who, under this rule, are to be kept in o~ce during t~e them to come up to a particular weight and standard in the mail time they can perform duty. As I say, I am not m favor of It; service; tney must weigh so much and have such a height. All but I do say that Congress ought not in this provision to make an the rest of the people of the United States are deprived of their exception and to permit this Secretary or any other to make ap- eligibility to hold office under the Government, and Congress is pointments in his Department outside of the civil service when to be bound to exercise no kind of discretion in the matter. We those officers by their own act have placed all the balance of the axe to have a privileged class created by three Civil Service Com­ employees of the Department under that rule, making it impossi- missioners not responsible to the people of the United States, not ble for a man to be appointed as a messenger or watchman, posi- elected. However meritorious a person may be, however much tions now provided by law and appropriated for in this very bill, better qualified for a position, he is to be excluded and Congress unless he has passed a civil-service examination. If the rule is a is to be prohibited from providing even in reference to a single good one, as the Secretary thinks, and as the President unques- clerk when asked for by the head of a Department. I desire to tionablythinks, then apply it to every employee in the Department. protest against it and express my opposition to this wholesale dis- Why except these clerks? It requires no more ability to per- franchisement of the people of the United States of their right to form this particular duty, indeed, not half so much, as for a head hold office. of a division in that great Department, which is concerned with The PRESIDING OFFICER. Does the Senator from Maryland all the relations between this nation and others. There is no rea- · accept the modification suggested by the Senator from illinois? son for it. There is no reason why Congress should step in and Mr. GORMAN. I do. say to the Secretary, "The rule which you have made for all the The PRESIDING OFFICER. Does the Senator from Florida messengers and clerks in your office is a bad one. We will except wish to be understood as objecting to it? these particular cases and permit you to put in your favorites Mr. CALL. I object to it. outside of such an examination." It is not wise; it is not proper. The PRESIDING OFFICER. The question is on the adoption Mr. CULLOM. The Senator will probably not need to strike of the amendment proposed by the Senator from Maryland to the out all that he has indicated. If the words in line 22, "to be amendment of the committee. The amendment to the amendment selected by the Secretary of State by reason of special aptitude," will be stated. are stricken out, it will carry the point. The SECRETARY. After the word "Department," on page 22, Mr. GORMAN. I will accept the suggestion of the Senator line 22, strike out the words" to be selected by the Secretary of from illinois. It accomplishes exactly what I want. State by reason of special aptitude." Mr. CULLOM. I wish to say, if the Senator from Maryland Mr. CULLOM. That takes it out of the power of the Secretary has concluded his remarks, that I see very plainly the force of his of State to make an appointment except by civil-service regulation, observation as applicable to the proposed amendment. If every- The amendment to the amendment was agreed to. thing else is to be under civil-service rules and regulations, I see The PRESIDING OFFICER. The question is on agreeing to no special reason why these employees should not be also; but I the amendment of the committee as amended. wish to state that I have not the slightest doubt that the Secretary Mr. CHANDLER. I should like to hear the amendment read of State would get a better class of men by leaving those words in before we vote on it. than he will probably get by depending upon the Civil Service The PRESIDING OFFICER. The amendment as amended will Commission to furnish them. That is my private judgment about be read. it, publicly expressed. At the same time I recognize the fact that The Secretary read as follows: nearly everybody else in the public service is now under civil th s is s For services of employees of e Bureau of tat tics, tate Department, for SerVl·ce or I·s about to be, if the order has not yet been I·ssued tak- the work of compiling and distributing consular and other commercial ra. ing in those not included in previous orders. That bejng the fact, ports, namely, one clerk, at$1,400; one clerR, at ·1,000; one clerk, at$900, and one f tl ·llin th t laborer, at $000; in all, $3,960, the same to be paid from the appropriation of so f ar as I parsonall Y am concerned • I am per ec Y WI g a $20,000 for preparation, printing, publication, and distribution by the Depart- those words shall be stricken out of the bill. ment of State of the consular and other commercial reports made in the dip- Mr. CALL. The proposition of the Senator from Maryland rMr. Iomatic and consular appropriation act approved February 27, 1896. GORMAN] and the opposition of the Senator from Tilinois [Mr. OuL- The amendment as amended was agreed to. LOM] involve a very important point outside of the simple question The Secretary continued the reading of the bill. whether a high officer of this Government shall be divested of all The next amendment of the Committee on Appropriations was, kind of power and discretion in regard to the employees who are to in the items for the · Treasury Department, on pa~e 26, line 17, execute the law. What the Constitution of the United States says before the word" clerks," to strike out ''tht·ee" andmsert "four," is a complete answer to the proposition of the Senator from Mary- and in line 20, before the word ''hundred," to strike out ''sixty land. We are not to make laws because the President has done thousand nine" and insert "sixty-two thousand five"; so as to somethingortheSecretaryofStatehasdonesomething. Wearenot make the clause read: to make laws because they have put everybody in the civil service, not leaving a single exception. That is no reason why the Secre- Division of bookkee;r·ng and warrants: For chief of division, $3,500; assist- ant chief of division, ,41JO: estimate and digest clerk, $2,250; two principal tary of State should not have the designation of a particular per- bookkeepers, at $2,1 each; ten bookkeepers at $2,000 each; ten clerks of son. Suppose they have done so, and that the Secretary, for reasons class 4; four clerks of class a· three clerks of class 1; one messenger; one satisfactory to himself, wishes to employ a man and to select him, assistant messenger; and one 1abOJ;er; in all, $62,570. is it any answer to say the public service will be promoted, when The amendment was agreed to. the Senator from Illinois admits that he thinks the public service The next amendment was, on page 26, line 25, before the word would be promoted by this discretion? Is it any answer to say, "clerks," to strikeout "two" and insert "three," and on page27, "Well, the Secretary of State has agreed to put everybody under line 4, before the word "hundred," to strike out "twenty-four the civil service, and why except this?" The question is not what thousand eight" and insert ''twenty-six thousand four"; so as to he has done, but what is best for the·public interests, what is best make the clause read: for the execution of the law? .des that Congress may create inferior Division of customs: For chief of division, $2, 750; assistant chief of division, The Constitution ProVl $2,000; three clerks of class 4; additional to one clerk of class 4, acting as draw­ offices to be vested in the head of a Department. The Senator from back clerk, $200j three clerks of class 3; two clerks of class 2; two clerks of Maryland [Mr. GoRMAN] says under the civil-service law the ap- class 1; two clerKs, at $1.000 each; three clerks, at $900 each; a.nd two assistant pointment of these officers shall not be vested in the head of a De- messengers; in all, $26,4c90. partment. He says Congress must not exercise that discretion. The amendment was agreed to. ~------~:~

1896. CONGRESSIONAL RECORD-SENATE. 3089

The next amendment was, on page 28; line 15, after the word Mr. PLATT. I think the Senate may conclude that when Colo­ "dollars," to insert the following proviso: rado and Connecticut agree on a proposition it must be right. Provided, That the chief engineer of the Revenue-Cutter Service, detailed Mr. CULLOM. I do not care to take up the time of the Senate as engineer in chief of said service, under the provisions of the legislative in discussing this man's salary. The House, after due delibera­ appropriation act of July 31, 1894, shall hereafter receive the duty pay and tion and investigation, fixed his salary at $4,000, notwithstanding have the relative rank of a captain of the Revenue-Cutter Service. the statute, which I admit had previously fixed the salary of the The amendment was agreed to. office at $5,000. The Senate committee was inclined to think that The next amendment was, on page 29, line 9, after the word perhaps there was a little injustice done to this man as compared "and," where it occurs the second time, to strike out "one sewer with those around him and the committee increased it, so far as and folder, at $2.50 per day" and insert "two sewers and folders, it was concerned, to $4,500. I think that the Senators who are at 2.50 per day each," and in line 13, before the word" cents," to interested in this young gentleman had better be content with strike out "thirty thousand four hundred and sixty dollars and fixing the salary at $4,500, because it is a sort of splitting of the ninety" and insert "thirty-one thousand two hundred and forty­ difference between the statute and the House proposition. Besides, three dollars and forty"; so as to make the clause read: it is a very fair salary, and it is within $500 of the amount each of Division of stationery, printing, and blanks: For chief of division, $2,500; us is entitled to draw as a representative of our respective States. four clerks of class 4; two clerks of cla~s 3; three clerks of class 2; two clerks Mr. HOAR. I should like to ask the Senator from illinois a of class 1; two clerks, at $900 each; two messengers; two assistant messen­ question. Does his committee commit itself or desire to commit gersi foreman of bindery, at $4 per day; four binders, at $3.00 per day each; the Senate to the policy, when the law fixes a salary, of appropri­ and two sewers and folders, at $2.50 per day each; in a.ll, $31,243.40. ating only a part of it and sending the officer into the Court of The amendment was agreed to. Claims for the rest? It seems to me if the salary is too high there Mr. McBRIDE. I offer an amendment to the pending bill and should be a law passed to lower it, and that Congress should not move its reference to the Committee on Public Lands. simply refuse to appropriate it. It is just as much a legal obliga­ The PRESIDING OFFICER. The Senator from Oregon sub­ tion on the part of the Government to pay this man $5,000 a year mits an amendment to the pending bill, which will be printed salary, unless we repeal the law, as it is to pay a Goverment bond and referred to the Committee on Public Lands. I can not understand under what authority the committee con­ The next amendment of the Committee on Appropriations was, sents to appropriating a part of the salary for a year and then on page 31, line 12, after the words" four thousand," to insert letting the man go to the Court of Claims for the rest. "five hundred"; so a-s to read: Mr. CULLOM. In answer to the Senator from Massachusetts, Office of Comptroller of the Treasury: For Comptroller of the Treasury, I will state that the Committee on Appropriations of the Senate $5,500: Assistant Comptroller of the Treasury, $4,500. came to the conclusion that this man's services are not worth any Mr. PLATT. The committee proposes to make the salary of more than $4,500 a year. the Assistant Comptroller $4,500. I do not wish to agree to the Mr. COCKRELL. Let me ask the Senator from illinois whether amendment. I think that the amount should be larger. I move the bill was not originally reported from the Committee on Ap­ to amend the amendment so as to increase the salary to $5,000. propriations somewhere else with the full amount of $5,000 in Mr. CHANDLER. The salary fixed by law is $5,000. it, and after it had been reported and during its consideration was Mr. PLATT. Yes, and I propose in lieu of the amendment re­ not the reduction made? ported by the committee, which is to insert '' five hundred" after Mr. CULLOM. Yes; that is true. the words'' four thousand," to strikeout'' four," in line 11, before Mr. COCKRELL. That is my recollection. "thousand," and insert " five." Mr. CULLOM. The report of the committee was voted down. Mr. CHANDLER. I hope the committee will agree to that, be­ Mr. PLATT. The Senator from illinois says he does not think cause $5,000 is the legal salary. this man's services are worth more than $4,000. Mr. PLATT. I wish to state "that on the 31st of July, 1894, we Mr. CULLOM. I will say the office; I do not care to refer to passed a public act providing "That there shall also be an Assist­ the man. I do not think the office ought to have more than $4,500. ant Comptroller of the Treasury, to be appointed by the Presi­ Mr. PLATT. The office is by law salaried at $5,000 a year. dent, with the advice and consent of the Senate, who shall receive The Comptroller had $5,500, the Assistant Comptroller had $5,000, a salary of $5,000 per annum." The other House cut down that which is the usual distinction between the principal officer and salaried office of 85,000 to $4,000. The committee, seeing the in­ the asslStant officer. If we are going into this business of saying justice of doing that, has added $500, but still leaves it $500 below that we will determine how much a man's services are worth, we the statute salary. I do not think that is right, Mr. President, might take up the Cabinet officers. I think upon that ground it especially when, upon the recommendation of the committee is very possible we might get a vote in the Senate or in the House called the Cockrell or Dockery commission, the salary was fixed that we would appropriate for some Cabinet officers only six or at $5,000, upon discussion-! do not think that upon an appropri­ seven thousand dollars, instead of $8,000, which is the amount ation bill it should be reduced. I wish to say that the committee provided by law; and I am not sure but that some of the Cabinet has not treated this officer as it has treated the private secretary officers, if we should act upon that ground, might get reduced of the President, who has a salary, I believe, of $4,500, and which still further than I have suggested. Now, that is very unsafe it reports to make $5,000. ground to go upon. Here is the law which makes this salary Mr. WOLCOTT. I should like to ask the Senator from Con­ $5,000. If I had the time to explain the duties of this officer there necticut a question. Is the present incumbent of the office from would be no question, I think, that the office is worth $5,000. Connecticut? Mr. CHANDLER. The duties of this office should be referred Mr. PLATT. Yes, sir. to sufficiently to justify the appropriation of $5,000. I do not Mr. WOLCOTT. Thank you. think the Senator from Illinois who has charge of the bill wishes Mr. PLATT. But the first incumbent of the office was from to do any injustice to the present incumbent of· the office. He Missouri. Mr. Mansur was the first incumbent of this office, and disclaims that and expresses his opinion about the office itself. he had a salary of $5,000. AfterthedeathofMr. Mansur a Connecti­ The office itself is that of Deputy Comptroller. When the Comp­ cut man was appointed, and I want the same justice meted out to troller is absent, the deputy performs the functions of the office. him that wa.s meted out to the Missouri man. In other words, I Now, what is the office? Senators know very well that under the want the amount provided by law to be appropriated. It is per­ lead of the distinguished Senator from Missouri [Mr. COCKRELL] haps pertinent t-o state that the Dockery commission put upon two the Treasury Department has been reorganized, and instead of the individuals the work which had previously been done by six. two Comptrollers we have but one, and this is the assistant of the The Comptroller·and the Assistant Comptroller had all the duties sole Comptroller of the Treasury. I ask the Senator from Mis­ placed upon them which theretofore had been done by six persons. souri if I am not right? I hope the Committee on Appropriations will not object to mak­ Mr. COCKRELL. That is right. ing the amount $5,000. Mr. CHANDLER. That Comptroller determines absolutely Mr. WOLCOTT. I was very glad to be able to identify from the whether a dollar of money shall go out of the Treasury or shall remarks of the Senator from Connecticut the person to whom the not go out. Senators know very well who the present Comptroller amendment relates. I take this occasion to bear very cheerful is and the great controversy over the fact that he has refused to pay testimony to the efficiency and ability of the gentleman referred the sugar bounty. He is supreme within his function. Neither · to and to the fact that he earns the full salary of $5,000, which the President nor the Secretary of the Treasury nor any other offi­ the Senator from Connecticut suggests be given to him. cer under the Government can get one dollar out of the Treasury Mr. CHANDLER. I wish also to say that although this is a without the signature of the Comptroller of the Treasury. That Connecticut gentleman he has spent a great deal of time in his Comptroller ha-s been deliberately made one man by abolishing short life, for he is still youthful, out in Colorado and the moun­ the comptroller for the Army and the Navy appropriations, and taiDB of the West, and that has aided to make him exceedingly he has had given to him this assistant, as intelligent and as up­ acute, able, and valuable in this office. right and as able a man as Connecticut ever produced or Colorado Mr. WOLCOTT. It has done more than that. If he spent ever nurtured. much time in Colorado he needs a salary of $5,000. Mr. President, while I am not in favor of increasing salaries, I .XXVill-194 3090 CONGRESSIONAL RECORD-SENATE. MARoH 23,

do say that we should not undertake to place a stigma upon a man Mr. MITCHELL of Wisconsin. I should like to ask the Senator who has been pnt into that office, a good Democrat, too, and Dem­ b·om Connecticut a question. I ask if the opinions that are given ocrats are having trouble enough nowadays without ha-ving a by the Assistant Comptroller are revised by the Comptroller of the stigma of this kind put upon them. We would put a stigma upon Treasury? him by selecting him out and reducing his office when there is no Mr. PLATT. The- opinions which are given by the Assistant general revision of salaries in the bill. If the Senator from lllinois Comptroller to the heads of the different Department are not re­ will say that either the House or the Senate committee has under­ vised by the Comptroller, but pass the smne as the opinions given taken to go all over the salaried offices that are contained in the by the Comptroller himself. bill and carry out a measure of economy and reform extending :Mr. CULLOM. One word. I certainly did not desire to be to a dozen or two dozen or a hundred or two hundred offices, I understood as. making any reflection upon the gentleman who will join with the committee in considering that measwe of holds the office of Assistant Comptroller. ! never had the pleas­ economy and reform. But the House has done no such thing as ure fJf his acquaintance mxd have never seen him. I appreciate that. For some reason or other it bas taken out and reduced the the value of the office he holds; but I found on investigation that salary of the Assistant Comptroller. I ask the Senator from 1\lis­ the other body having charge of the origination of appropriation sonri to tell the Senate before this is voted upon what he thinks bills had, after discussion, come to the conclusion that the salary as to the importance of the office of Comptroller and Assistant of this office was too high, and reduced it from $5",000 to $4,000. Comptroller of the Tressury, which he, by his research and his It seems to m-e, from my knowledge of' the office and from talking influence in legislation, has created, what he thinks as to the im­ with gentlemen who know the occupant of the office-, that that portance of the office of Comptroller and the office of Assistant was certainly not fair. So the Committee on Appropriations re­ Comptroller which this young man holds. I say it is a. stigma, it ported to increase the amount $500, which is within 500 of what is unjust, and it is unbecoming for Congress to make a reduction the statute had fixed heretofore. in this salary in this way. I have myse-lf no doubt that the occupant of the office is doing Mr. COCKRELL. The Senator from New Hampshire has his whole duty, and doing it as well as anybody in that position n,roperly stated the duties of the office. As a matter of course, the could. I am simply making these remarks so that if I carelessly office of Comptroller is the most important office really in the said anything that might be considered as a reflection upon this Treasury Department, and any assistant necessarily occupies an official it may be understood that I am not attempting to make important position. It is true he can not make final decisions, any such reflection whatever. because they can only be made by the Comptroller, but he must I do believe, however, that there are many of these salaries practically decide a great many questions. which have been fixed by statute which are too large; but if the Mr. CHILTON. I only want to call attention to one point in Senate feels that this salary ought to be put back to the amount. connection with this matter. I am not familiar enough with the heretofore :fixed by general statute, I have no objection whatever. duties performed by this officer to speak advisedly in rega1·d to 1\Ir. PLATT. I should like to make an inquiry, whi-ch is,. his compensation; but if it is the design of this appropriation bill whether the same committee have not revised the action of th.e to cut his salary down, the language employed hardly accomplishes House- of Representatives in another respect, that is, the salary of the object. The Supreme Court of the United States has had this the secretary of the Executive, which the other House cut down question before it twice. It was decided in one case that where in the same way. and now the committee propose to give him a an officer's compensation is fixed by statute and a subsequent ap­ salary more than is provided by law? propriation act provided for a less amount, suit could be main­ Mr. CULLOM. The committee propose to gi;ve him the exact tained to recover the balance from the Government. It was salary that he has been getting for a number of years. decided in still another case that this rule does not apply if the Mr. PLATT. But it is more than the original statateprovided. appropriation act uses language which shows that the appropria­ Mr. CULLOM. I do not know what the original statute did tion is intended to be full compensation, and act on the matter in provide. place of the statute. So that, unless this appropriation bill uses Mr. PLATT. The other House cut the salary below the stat­ further language than that which is nowunde:r consideration, this utory salary, and the Senate restored it at a higher rate. party could still recover the balance of his statutmy salary. Mr. CULLOM. No higher than the present statute proVides. Mr. CULLOM. The Senator wil1 allow me to call his attention We did that because we all lrn-ow that the office of private secre­ to the very first paragraph in the bill, which reads: tary to the President of the United States is a responsible and That the following sums be, and the same are hereby,ap_Propriated,out of important one. anv money in the Treasury not otherwise appropriated, m full compensa­ Mr. HOAR. That is true,. considering who he has on his hands. tion for the service of the fiscal year ending June 30, 1897, fur the objects [Laughter.l hereinafter expressed. Mr. CULLOM. Yes. Now I hope we shall have a vote. Mr. CHANDLER. I should like to have the Senator nom Mr. HALE. Let us have a vote. Texas und~;Jrstand that while the point he makes is entirely cor­ Mr. PLATT. Let the amendment be stated. rect-- The SEcRETARY. On page 31, line 11. after the word ''thousand," Mr. CHILTON. I am doubtful whether the language employed the Committee on Appropriations report to insert "five hundred n; would be sufficient to effect the object intended. so as to read: Mr. CHANDLER. If it were not for that clause, the _Senat.or Assistant Comptroller of the Treasury, $!,500. would be right, and the full salary could· be recovered in the Court of Claims; but this method of reducing salaries having been Mr. PLATT. I move to amend that amendment by striking out adopted many years ago, iflis clause has b~ inv~nted for the p~­ the word ''four" before ''thousand" and inserting ''five," and pose of making a reduction of salary, which IS a very unfair after "thousand," by striking out "five hundred," which is the method, I think, of reducing salaries. amendment recommended by the committee. Mr. CHILTON. The language on the first page, justquoted by The PRESIDING OFFICER. The amendment to the amend­ the Senator from Dlinois, conveys the proper idea; but it is barely ment will be stated. explicit enough. The case in which the Supreme Court decided The SECRETARY. In line 11, on page 31, before the word" thou­ that an appropriation act had the effect to repeal the statutory sand," it is proposed to strike out "four" and insert "five," and salary used language of much greater particularity. It is some­ after the word "thousand,'~ to strike out "five hundred"; so as to what problematical, in my judgmen.t, whether the phraseology of read: the present bill will be so construed. Assistant Comptroller of the Treasury, $5,000. Mr. PLATT. I wish once more to call attention to the services which are performed by the Comptroller and Assistant Comp­ The amendment to the amendment was ag1·eed to. troller as compared with what was performed by the officers who The amendment as amended was agreed to. performed the same duties before the law was passed. The law Mr. CULLOM. There seems to be a desire that we should have which provided for the appointment of a Comptroller and Assistant an executive session this evening, and I am willing · that the bill Comptroller abolished the offices of commissioner of customs, shall be laid aside now, with the understanding that we take it up deputy commissioner of cu-stomst second comptrollert deputy as early as possible to-morrow morning after the routine morning second comptrolle1·, and deputy first comptroller of the Treasury, business. and put the duties that had been previously performed by those Mr. HOAR. I move that the Senate proceed to the considera­ officers upon the Comptroller and Assistant Comptroller. As a tion of executive business. matter of practice, while the Second Comptroller is under the Mr. SQUIRE. I ask the Senator to withdraw the motion for a. Comptroller, he acts independently of him and passes upon all moment to permit me to make a report and ask for action upon it. accounts relating to the Army, the Navy, the Indian, and the pen­ Mr. HOAR. I withdraw the motion for. that purpose. sion appropriations, taking one-half of the 1ilepartments of the PUGET SOUND .AND LA.KES. ID'ITON AND WASHINGTON W.A.TERWA.Y. Government, while the Comptroller takes the other half, and wh-en the Comptroller is absent he becomes Comptroller. I submit that Mr~ SQUIRE. I am instructed by the Committee on Commerce, this is not a. case for cutting down a. salarJl'. to wnom was referred the. joint :resolution (S. R.104) directing r~ 1896. CONGRESSIONAL REOORD-HO·USE. the Secretary of War to transmit to Congress a report on survey HOUSE OF REPRESENTATIVES. of the waterW31y connecting the wa~rs of Puget Sormd a:t Salmo~ Bav with Lakes Union and Washington, and to subnnt an esti­ MoNDAY,- March 23, 1896. mate-of the-cost of constructing said waterway,_ to report it wi~h­ The House met at 12 o'clock m. Prayer by the Chaplain, Rev. out" amendment. I ask unanimons consent for Its present corund­ HENRY N. COUDEN. eration, RS I am sure it will not occasion any debate. The Journal of the proceedings of Friday last was read and ap­ Mr. COCKRELL. Let the joint resolution be read for informa.­ proved:. ti.on. CHANGE" OF REFERENCE~ The joint: resolutio·n was read, ami, by unanimons con~ent,, the Senate, as in Committee of the Whole, proceeded to_ consHier It. The SPEAKER. The bill (H. R. 6576) to amend section 3480·of The joint-resolution was reported to the Senate Without amend­ the Revised Statutes, in relation to loyalty, was referred to the­ ment, ordered to be engrossed for a third reading, read the tlrird Committee on Claims, but properly belongs to the Committee, on time, and passed. Military Affairs. Without objection, the necessary change. will EXECUTIVE. SESSION. be made. There was no objection, and it was so ordered. Mr. HOAR. I renew my motion that the Senate proceed to the consideration of executive businessr · . LEASE OF CERTAIN LANDS, .A-RIZONA, • The motion was ~a-reed to; and the Senate. proc.e~d to the co~­ Mr. MURPHY of Arizona. Mr. S-peaker, I ask unanimous con­ sirernor, se.cretary ot the Territory, and ~erintendent of pu.blio instruction shall constitute a board for the leasing of said l!!.nds under the Peter Gal.Iaocrher, of Pocatello, Inaho, to be agent for the In,. rules a.nd regulations heretofore prescribed by the- Secretary of t.he Interior foz: th-e- respective purposes-for which the said reservatiOilS-were made:, except dians of the Warm Springs Agency in Oregon, vice Lieut. Charles that it shall not be necessary to submit said leases to the Se.cretary of the: W. Farber, United States Army1 to be relievedfrom duty asac.ting Interor for his approval; and all necessary ex.penses a.nd cosb incurred in Indian agent. the leasing, management, and protection of said lands and leases nmy be-pa.id UNITED STATES CONSULS. out of the. proceeds derived fro.llllsuch leases~ And it shall be unlawful to cut, remove, or appropriate in any wal. any Frank W. Roberts, of Mafue, to be consul of the Unite<]" States­ timber growing upon the lands leased under the provisions of this ac , a.nd not-more than one section of' llm.d shall be leased to any one persen; corpora­ &tC.ape Town, Cape Colony, to fill a vacancy. tion, or a."'socia.tio:n o.r . persons, and no lease shall be ma.de for a. longer period R. Hughs Long, of Al.abam31, to be consul. of. the p-nited Sta~ than five years, a.nd all leases shall terminate on the admission of said Terri­ at Nogales Mexico, to take. effectupon th.e confumation an.d quali­ tory as-a. State, and aJl money received on. account. of such leases in. excess-of 1 actual expenses necessarily incurred in connection with the exeeu.tion thereof fication of Frank W. Roberts as cons:ulof the United. States at shall be placed to the credit of the- public school fund of said Territory, a.rui Cape Town, Ca-pe Colony,. this d.a;ynomma,ted a& such consul. shall not be used for any other than prrblic school purposes: Provided, That the :proceeds of leases of university and normal. school lands shall be !!laced PROMOTIONS IN THE ARMY, to the credit of separate funds for the use of said institutions. Infantry arm. The SPEAKER. Is there objection to the present consideration First Lieut. Robert Nelson Getty, Twenty-second Infantry,'to of the bill? be-captain, March 11, 1896, vice Thorne, Twenty-second Infantry, Mr. TALBERT. I would like to ask the gentleman from Ari­ retired from active service. zona if this bill has been referred to and reported by a committee Second Lieut. Harold Lincoln .Tackson, Fifteenth Infantry, to to the House? be- first lieutenant, March 17, 1896, vme Getty, Twenty-second :M.r. MURPHY of Ariz-ona. I will explain if the House will Infantry, promoted. give consent for a few moments. POSTMASTERS. Them was a. bill passed formerly by the House upon this sub­ ject which went to the President and was vetoed, but was subse­ Stephen J. Lyon, to be postmaster at Collinsville, in the county quently passed over the by the House and was sent to the of Hartford and State of Connecticut, in the place of Emerson A. Senate. In the Senate they decided, under the recommendatiom1 Hough, whose commission will expire April 4, 1896: of the S-ecretary- of the Interior, to redraw the bill rath-er than T. G. Boyer, to be postmaster at Altamont, in the county .of pass- the original bill over the veto, the new bill being preparedto Effingham and State of Illinois, in the place of Diederich P. Buck­ meet the objeetio!lB'whichhad been intel:posed in the President's holz, whose commission will expire April 18, 1896. veto. Jesse M. Ballard, to be postmaster at Marion, in the county o.f The present bill is the m-odified form, modified in accorda.n.£e Grant and State of Indiana, in the place of Clarence K Hawkins, with. the sugge.stiollH of Secretary Smith. and in view of the objec­ deceased. tion made by the President. It passed mianimously; and is now William E. Miller, to be postmaster at Mason City, in the county upon. the Speaker's table awaiting theactionof the House. of Cerro Gordo and State of Iowa, in the place of Parley Davey, Mr. TALBERT. Has it been referred to any committee of the deceased. House?- Mr ~MURPHY of Arizona. The cmnm:ittee have nothad the bill. CONFIRMATIONS. directly under consideration, but all o.t the members have knowl­ edge of the bill. They are all here and. make no objection to ita'. Executive nominations confi'rmed by the Senate Marclt 29, 1896~ consideration as it stands. Ul'iTrED STATES ATTORNEY, Mr. TALBERT. But they make no report? Mr. MURPHY of Arizona. Not on this bill; but, as I have said, James M. Beck, of Pennsylvania, to be attorney of the United on a bill of a similar character they did report, and the. bill passed States for the eastern district of Pennsylvania. the House-. MARSHAL, Mr. LACEY. Mr. Speaker, if we can have the attention of tha · House for a few momenta, I think there will be no objection to James-B. Reilly, of Pennsylvania, to be marshal of the United the present consideration and passage of the bill m question. States for the eastern district of Pennsylvania. The bill, as the House will remember, on the same subject was passed over the. veto of the President some days ago. After con­ POSTMASTERS~ sideration of the matter-in the Senate Committee on Public Lands, E. M. Thompson, to be postmaster atCurwensville,. in the county it was deemed best, under all of the circumstances, instead of of Clearfield and State of Pennsylvania. passing the House bill, to pass. a bill with. an amendment substan­ J'oseph A. Bing, to be postmaster at Jeannette, in the county of tially removing the main objection. made by the Pres-ident i:n his Westmoreland and State of Pennsylvania. veto. The original bill would not have met the approval of the Daniel Randall, to be postmaster at Mechanicsville, in the county Hou-se: Co.m.mit:tee on the Public Lands if the committee had or BuckEr and State of Pennsylvania. deemed it subject to the objection embodied in the President's. Emma K. Gitt, to be postmaste1r at Hanover, in the. county· of veto. But they did not think it could possibly result in the de­ York and State of Pennsylvania. struction of timber on the leased lands, or that the objection made Martin Gerard, to be postmaster' at Deadwood, in the county-of would have. any validity. But the bill as it. now· comes to the·eolD!-- Lawxence and State of South Dakota. .mittee. has a. p-roviso that no timberland.s:shaJ.T be leased, or ra~