1902. CONGRESSIONAL RECORD-SENATE. 6213

sick officers and enlisted men-to the Committee on Military SENATE. Affairs. Also, resolutions of St. Clair Lodge, No. 353, Machinists' Union, TUESDAY, June 3, 1902. of Belleville, Ill., favoring appropriation for naval deficiency-to The Senate met at 11 o'clock a. m. the Committee on Naval Affairs. Prayer by Rev. F. J. PRETTYMAN, of the city of Washington. Also, petition of Mexican war veterans, favoring pension for all The Journal of yesterday's proceedings was read and approved. survivors of the Mexican wru:-to the Committee ·on Pensions. Also, resolutions of Retail Merchants' Association of Belleville, RENTAL OF BUILDINGS. ij.l., favoring House bill 9352-to the Committee on Interstate The PRESIDENT pro tempore laid before the Senate a commu­ and Foreign Commerce. nication from the Secretary of State, transmitting. in response to Also, resolutions of the Chicago Federation of Labor, favoring a resolution of the 22d ultimo, certain information relative to appropriation for hydrographic survey and the amended immi­ quarters rented by the State Department, giving the location, gration bill-to the Committee on Appropriations. area of floor space occupied, and annual rental thereof; which, on Also, resolutions of Master Plumbers' Associations of East St. motion of Mr. GALLINGER, was referred to th~ Committee on Ap­ Louis, Ill., and Belleville, Til., favoring contracts for Government propriations, and ordered to be printed. buildings to be let directly to plumbers and not to a general con­ PETITIONS AND MEMORIALS. tractor-to the Committee on Public Buildings and Grounds. By Mr. LINDSAY: Resolutions of Electrical Workers' Brother­ Mr. FOSTER of Washington presented a petition of Puget hood No. 3, of New York City, indorsing House bill 6279, to in­ Sound Harbor, No. 16, American Association of Masters and crease the pay of letter carriers-to the Committee on the Post­ Pilots, of Seattle, Wash., praying for the enactment of legislation Office and Post-Roads. granting pensions to certain officers and enlisted men in the Life­ .By Mr. LITTAUER: Papers toaccompanyHouse bill granting Saving Service, etc.; which was referred to the Committee on an increase of pension to Willirun Hawley-to the Committee on Pensions. · · Invalid Pensions. He also presented a memorial of the Okanogan Protective Stock By Mr. LITTLEFIELD: Resolution of the Board of Trade of Association, of Conconully, Wash., remonstrating against the Bangor, Me., and ·Board of Trade of Thomaston, Me., urging the leasing of the public domain in that State; which was referred to , passage of House bil1163, to pension employees and dependents of the Committee on Public Lands. Life-Saving Service-to the Committee on Interstate and Foreign Mr. ELKINS presented a petition of the congregation of the Commerce. Fh·st Methodist Episcopal Church of Parkersburg, W.Va., pray­ By Mr. McCALL: Petition of citizens of Massachusetts pro­ ing for the adoption of an amendment to the Constitution to pro­ testing against the taking of the lands of the Sioux Indians-to hibit polygamy; which was Teferred to the Committee on the the Committee on Indian Affairs. Judiciary. Also, resolutions of the board of aldermen and common council lie also presented petitions of Bluestone Lodge, No. 446, Broth­ of Medford, and aldermen of the city of Somerville, :Mass., in­ erhood of Locomotive Firemen, of Bluefield; of Local Division dorsing House bill6279, to increase the pay of letter carriers-to No. 511, Brotherhood of Locomotive Engineers, of Kenova; of the Committee on the Post-Office and Post-Roads. Local Division No. 408, Brotherhood of Locomotive Engineers, of Also, resolutions of Provincetown Maritime Exchange, in favor Kanawha, and of Local Division No. 140, Order of Railway Con­ of a law to pension men of Life-Saving Service-to the Commit­ ductors, of New River, all in the State of West Virginia, praying­ tee on Interstate and Foreign Commerce. for the passage of the so-called Grosvenor anti-injunction bill; By Mr. NAPHEN: Resolutions of the common council of Med­ which were ordered to lie on the table. ford, Mass., indorsing House bill 6279, to increase the pay of He also presented petitions of Brotherhood of Locomotive Fire­ letter carriers-to the Committee on the Post-Office and Post­ men No. 544, of Point Pleasant; of United Mine Workers of Roads. America, UnionNo.1227,ofMontgomery; of United Mine Work~ Also, resolutions of the Provincetown Maritime Exchange, in ers of America, Union No. 1882, of Cedar Grove; of United Mine favor of a law to pension men of Life-Saving Service-to the Com­ Workers of America., Union No. 1729, of Central; of United Mine mittee on Interstate and Foreign Commerce. Workers of America, Union No. 1788, of Maybeury; of United By Mr. NEVILLE: Petition of Sylvester St. John, John Hoge, Mine Workers of America, Union No.1808, of Switchback; of and others of Kearney, Nebr., in favor of House bill7475, for ad­ United Mine Workers of America, Union No. 1888, of Caperton; ditional homesteads-to the Committee on the Public Lands. of United Mine Workers of America, Union No. 1905, of Mount By Mr. NORTON: Paper to accompany House bill granting a Hope; of United Mine Workers of America, Union No. 1907, of pension to Mrs. Mary Moss-to the Committee on Invalid Pen­ Coaldale; of United Mine Workers of America, Union No. 1910, sions. of Elverton, and of United Mine Workers of America, Union No. By Mr. PAYNE: Papers to accompany House bil18663} for the 1945, all in the State of West Virginia, praying for the enactment removal of the charge of desertion from the military record of of legislation providing an educational test for immigrants to Charles F. Woodford-to the Committee on Military Affairs. - this country; which were referred to the Committee on Immi­ By Mr. RAY of New York: Paper to accompany House bill gration. 4082, granting a pension to Jacob Hull-to the Committee on In­ REPORTS OF COMMITTEES. valid Pensions. Mr. HALE. I am directed by the CommitteE.' on Naval Affairs, Also, papers to accompany House bill l4162, granting a pension to whom was referred the bill (H. R. 14046) making appropria­ to Charity A. Seibell-to the Committee on Invalid Pensions. tions for the naval service for the fiscal year ending June 30, 1903, By Mr. RICHARDSON of Alabama: Petition of John H. Mar­ and for other purposes, to report it with amendments, and to sub­ . tin and Henry B. Lindsay, heirs at law of John Walston, of mit a report thereon. I wish to give notice that I shall call the Florence, Ala., for reference of war claim to the Court of Claims­ bill up for consideration at as early a day as possible. to the Committee on War Claims. The PRESIDENT pro tempore. The bill will be placed on the By Mr. ROBINSON of Nebraska: Papers to accompany House Calendar. hill granting an increase of pension to James P. Freeman-to the l\1r. NELSON, from the Committee on Public Lands, to whom Committee on Invalid Pensions. the subject was referred, submitted a report accompanied by a By Mr. RYAN: RosolutionsofBrotherhoodofElectrical Work­ joint resolution (S. R. 110) empowering the State of J\.finnesota ers No.3, of New York, indorsing House bill 6279, to increase to file selections of indemnity school lands upon public lands in the pay of letter c&nie:!:s-to the Committee on the Post-Office Minnesota, otherwise undisposed of, after the survey thereof m and Post-Roads. the field, and prior to the approval and filing of the plat of survey By Mr. SMITH of Kentucky: PeLHion of Simon Kenton Lodge, thereof; which was read twice by its title. No. 345, Brotherhood of Rnilway Trainmen, of Covington, Ky., The PRESIDENT pro tempore. The joint resolution will be favq1ing the passage of the Hoar-Grosvenor anti-injunction bill­ placed on the Calendar. to the Committee on tho Judiciary. Mr. NELSON, from the Committee on Public Lands, to whom By Mr. SULZER: Resolutions of Brotherhood of Electrical was refened the joint resolution (S. R. 106) empowering the State Workers No.3, of Now York, indorsing House bill 6279, to in­ of Minnesota to file its selections for indemnity school lands upon crease the pay of lettc::: caniers-to the Committee on the Post­ public lands in Minnesota, otherwise tmdisposed of in townships, Office and Post-Roads. immediately upon the survey thereof in the field and prior to the By Mr. TIRRELL: Resolutions of Provincetown Maritime Ex­ approval and filing of the plat and s-q.rvey thereof, reported ad­ change, urging the passage of House bill163, to pension employees versely thereon; and the joint resolution was podtponed indefi­ and dependents of Life-Sav-ing Service-to the Committee on In­ nitely. terstate a.nd Foreign Commerce. Mr. FOSTER of Washington, from the Committee on Pensions, By Mr. THOMA.'3 of Iowa: Petition of Wallar Post, No. 223, to whom were referred the following bills, report--ed them each Grand Army of the Republic, Department of Iowa, favoring without amendment, and submitted reports thereon: Honse bil113986, to modify and simplify the pension laws-to the A ~ill (H. R. 5146) granting an increase of pension to Florian Committe-e on Jnvalid Pensions. V. Srms; and 6214 CONGRESSIONAL RECORD-SENATE. JUNE 3,

A bill (H. R. 8476) granting an increase of pension to Moses S. of pension to Charles Sprague; which was read twice by its title, Cu1·tis. and refen-ed to the Committee on Pensions. :M:r. BERRY, from the Committe-e on Commerce, to whom was Mr. MILLARD introduced a bill (S. 604.6) granting an increase referred the bill (H. R. 14380) to authorize the construction of a of pension to Holoway W. Kinney; which was read twice by its bridge across Waccamaw River at Conway, in the State of South title, and, with the accompanying papers, referred to the Com­ Carolina, by Conway and Seashore Railroad Company, reported mittee ori Pensions. it without amendment. Mr. KITTREDGE introduced a bill (S. 6047) granting an in­ Mr. GALLINGER, from the Committee on P ensions, to whom crease of pension to Robert C. Hawkins; which was read twice was referred the bill (H. R. 2615) granting an increase of pension by its title, and, with the accompanying papers, referred to the to Charles E. Miller, reported it without amendment, and sub­ Committee on Pensions. mitted a report thereon. Mr. HOAR introduced the following bills; which were severally He also, from the same committee, to whom was referred the read twice by their titles, and referred to the Committee on Pen­ bill (S. 3180) granting a pension to Emma L. Fenier, reported it sions: with amendments, and submitted a report thereon. A bill (S. 604:8) granting a pension to Lillian G. Elkins; 1\-Ir. CLARK of Wyoming, from the Committee on Public A bill (S. 6049) granting an increase of pension to A. L. Knee­ Lands, to whom was referred the bill (S. 5657) to prevent dis­ land (with accompanying papers); and <:rimination in grazing permits on the Uintah Forest Reserva­ A bill (S. 6050) granting an increase of pension to Charles H. tion, reported it with amendments, and submitted a report thereon. Barnes (with accompanying papers). He also from the f-

late President of the United States. in the Representatives' Hall, before both far shalt thou go and no farther,'' and it was sufficient. Less than Houses of Congress and their invited guests, on the 27th day of February, 1902, and that he be requested to furnish a copy for publication. ten years ago, when England was fixing to clutch Venezuela, a Resolved, That the chairman of the joint committee appointed to make the Democratic Administration firmly said "hands off," and it was necessary arrangements to carry into effect the resolutions of this Congress enough. It has never been thought, by a Democratic Adminis­ in relation to the memorial exercises in honor of William McKinley be re­ quested to communicate tO Mr. Hay the foregoing resolution, receive his tration, necessary to send special ambassadors to represent this answer thereto, and present the sa.me to both Houses of Congress. ntry, kneeling at the throne of a British King, in order to enjoy the fiiendship of Great Britain. Democratic Administra­ Mr. ALLISON. I move that the Senate concur in t~ lu tions have challenged the friendship of Great Britain, as of every tion. er country, by just intercourse and honest dealings, and have The motion was agreed-to, commanded their respect through the manhood of the United ARMY APPROPRIATION BILL. States. 1\Ir. PROCTOR. The Senator from Alabama [Mr, PETTUS] The R epublican party, being ip. control of the Government, who was appointed one of the conferees on the part of the Senate adopted the policy of empire. No man can deny this. It pro­ in regard to the message from the House on the Army appropria­ voked war with an· inferior people and race. No man can deny tion bill is also one of the Visitors to West Point, and he re­ this. An assurance to those people that we did not covet nor quested me to ask that he be 1·elieved on that account from service intend to take their country would have avoided war and blood­ on the conference committee. I ask that he be relieved and that shed. It would not have been humiUating, any more than it a Senator be appointed by the Chair in his place. would be humiliating for a giant to speak gently to a pigmy. The PRESIDENT pro tempore. Is there objection to there­ For more than three years we have had war, the product of the . quest made through the Senator from Vermont by the Senator Republican imperialistic policy, which the Democratic party so from Alabama? The Chair hears none. The Chair appoints the ch deprecated, and now we are gathering the fruit. What is Senator from Colorado [Mr. TELLER] in place of the Senator e fruit? It is the treacherous killing of American soldiers by from Alabama [Mr.· P ETTUS] . some of the , the torturing of .American soldiers by some of the Filipinos, the killing and torturing of Filipinos by some of CIVIL GOVERNMENT FOR THE PffiLIPPINE ISLANDS, the American officers, the burning of towns and villages and lay­ Mr. LODGE. , Mr. President-- ing waste of islands, the sacrifice of the lives of more than 10,000 The PRESIDENT pro tempore. The Chair lays before the of our soldiers and the wreckage of the health of myriads more, Senate Senate bill 2295. the torturing to death of our own soldiers by some of our own The Senate, as in Committee of the Whole, resumed the con­ officers; widowhood, orphanage, scalding tears, and funowed sideration of the bill (S: 2295) temporarily to provide for the 'cheeks. These are some of the fruits of the imperialistic policy. administration of the affairs of civil government in the Philippine A Republican Senate directs it.s committee to investigate affairs Islands, and for other purposes. _ in the , a committee a majority of whom are Repub­ Mr. McLAURIN of Mississippi. Mr. President, it maybe well licans. Witnesses who are returned soldiers come before the com­ enough to state the different positions of the two parties on the mittee and testify to atrocious oub·ages and give the names of Philippine matter. After the treaty of peace was proclaimed, the officers who perpetrated them. General Wheaton., one of our April 11, 1899, it became a question, What shall be done with brigadier-generals, says that the troops of Macabebes, whom we the archipelago? The Democratic party said: "Those people were have enliSted in our Army, are savages-more of the fruit of the fighting for independence and for the establishment of a republic imperialistic policy. Majo1· McKenna, a major in our Army, says befo1·e we evl-::.0 entered their islands, and had driven the Spaniards that these Macabebe savages, who wear and disgrace our uni­ into and a few small towns, where they were besieging the forms, have committed brutal outrages upon friendly Filipinos Spanjards, and with a knowledge on Our part that they ~ere fight­ who have rendered excellent service to the United States. A dis­ ing for their independence and to establish a republic we furnished trict attorney of this Republica~ Administration reports to an them with arms and cooperated with them against a common foe; Attorney-General of the Adminis ration that a captain, whom he that therefore we could not honorably hold them as subject prov­ names, stood up men whom he s spected, with their hands tied inces." This being so, it was contended by the Democratic party to their sides so they could not use them to break the fall, and that the honorable thing to do, and the best thing for the United knocked their feet from under them, throwing their heads against States, was to let them have their independent government, inter­ a wooden floor' and then stood them on their heads in a bucket fering only far enough to see that the Paris treaty should be kept. of water, to make them confess. And this was done repeatedly. The Republican party said that we must keep the islands as sub­ These witnesses are brought before a committee, ordered by a ject provinces; that there was money in their retention as imperial Republican Senate, to investigate this matter. These documents provinces. They ignored all regard for the honor of the United I have mentioned, detailing cruelties and charging our Govern­ States in dealing with the archipelago and looked alone to the mat­ ment with taking heartless savages into its service, come from ter of spoils. I do not charge all Republicans thus, but that this the War 'Department, which is Republican, and no Democrat was the attitude of the leaders of the party no man can conscien­ had anything to do with making them. These documents calling tiously deny . Macabebes savages, and charging that these Macabebe savages, . The Democrats maintained that by frankly telling the Fili­ weating and disgracing our uniform, ravished 12-year-old girls. pi-oos that we intended to set them upon a fum foundation of pregnant women, and mothers with 4-months-old babes, and republican government we would bave no clash nor friction with charging that American officers cruelly tortured unoffending them, but that they would faithfully perform all the stipulations natives, are not Democratic documents. They do not emanate our Government had made in the Spanish treaty., and we would from any Democratic source. They are R epublican documents. have their gratitude and friendship and readily and easily acquire They emanate from Republican sources. . their trade. The Republican party, being in power, refused to But when the investigation charged by a Republican Senate to listen to any suggestion of conciliation, and sought any pretext be made before the committee, ana these Republican documents for a war of subjugation of those pitiable and miserable people. develop a state of affairs in the Philippines that horrifies the peo­ The Democrats appealed to the Republican party that if the honor, ple because of cruelties perpetrated by Filipinos upon our soldiers, honesty, justice, and good faith of the case were to be discarded and by certain of our officers and the Macabebe savages upon in the discussion as a question of material gain to the United the Filipinos, and we point to these things as the fruit of an im­ States it was best to let the Philippine Islands go to themselves, perialistic policy that ought never to have been adopted, and we and to content ourselves with such commerce with them as their ask if it is not enough, and insist that we desist from a policy friendship and gratitude and our supe1ior goods and mercantile productive of such honible results, we are charged with slander­ advantages should gain. ing the Army. If these facts slandel' the Army, the Republican It was pointed out that the Republican course would provoke party has slandered the AI·my, for the Republican party has war; that our soldiers would be killed, and far more of them developed these facts. The Republican party is not only respon­ would sicken and die in that unfriendly climate; that it would sible for developing these facts, but is responsible for their ex­ cost us hundreds of millions of dollars, and that there could istence. They are the legitimate fruit of its policy. never be any adequate return. A few of the Philippine soldiers Republican Senators arrogate to themselves the defense of the and a few of the American soldiers became embroiled in a fight. Army, by which they mean the superior officers in the Army. for The Republicans greedily seized it as a pretext for war. They they do not deign to give any consideration to the private soldier. said they would not permit a puny little people to offer us an in­ Beautiful eulogies are pronounced upon the officers, but no Re­ dignity. What an idea for greatness! England took a valuable publican Senator has uttered a word of condemnation of two slice of Alaska from us, and the Republican party, being in con­ generals-Funston and Otis-who made sweeping denunciations trol of the Government, permitted the indignity. But let the of the private soldiers. How many battles would be won and least semblance 'of indignity be offered by a puny republic, and how many wars would succeed without private soldiers? it will be instantly resented, if the Republicans should be in But the Army does not need the self-appointed defense of Re­ control. publican Senators. The best service that can be done the Army When this Government was in its infancy a Democratic Ad­ is to weed out all those who are not worthy of its 1miform. If ministration served notice on all the powers of Europe that "thus the worthy and worthless are all clothed in the same nruform then 62l6 CONGRESSIONAL-RECORD-SENATE: JUNE 3, _ the uniform does not stand for anything. It w ould be impossible To show that the P hilip-pines claimed to be a republic, and that from the uniform to tell the good from the- bad. But if t he un - - ~mr Government ~ew it and knew that they were ·fighting for

worthy are not permitted to wear it yon know when yon see a mdependence7 I will read on page 333 of A Treaty of Peace Be­ man clothed in the Ame1ican nnifoi'Ill that he is a brave, chival- tween the United States and : I'Ous, worthy gentleman. .Mr. Wt1dman to Mr. DmJ. Strip the American uniform from the merciless savage Maca- No. 19.] HoNGKONG, Novembe1·s, 1897. hebe, and take his commission from every unworthy officer with~ Srn: Since my arrival in Hongkong I have been called upon several times out r espect to persons. By so doing you will defend th e Army ~ by Mr. F: Agoncilla. foreign agent and high co.mmissioner, etc., of the new Y will te t 't · t · t republic of the Pbilippines. on pro c I agams rmpos ers. ~- Agoncilla hol~ a ~ommission, si~ed by th~ P!esident, members of High-salaried generals denounce the soldiers indiscriminately cabmet, and general mchief of the republic of Pbilippmes, empowering him as liars, and not a word of condenmation or protest escapes the ab!wlu~ly with power to conclude treaties with foreign governments. li f n ~ bli S to Th · S t fr V t Mr. Agoncilla offers on behalf of his government alliance offensive and de- pso a.L\rt:lpu can ena I'. esemor en aor om ermon fe~ive .withtheU~edSt;ateswhenth~UnitedStatesdeclareswaronSpain, ignores the private soldier and 8peaks of the Army as though it which, m Mr. Agoncilla'sJudg.ment, w1ll be very soon. In the meantime he were composed exclusively of officers. He says the officers "will wishes the United States to send to some port in the Philippines 20,000 stand . t a1 " B th ll · d 1 a1 · tl.. ~ t tl.. of arms and 200,COO rounds of ammunition for the use of his government to not 1Ie or B e · Y e we -recogmze eg maxun clillo ue be paid for on the recognition or his government by the United States. He naming of one is the exclusion of all others it must be inferred pledges a.s security two provin.ces and the custom-house at Manila. that the Senator did not feel able to say as much1 for the private He is not particular about the price-is willing the United States should . G aLs d th ffi h te tifi d b f th make25p ~ rcent:or30percentprofit. sold 1ers. ener an o er o cers ave s e e ore e He is a very earnest and attentive diplomat and a great admirer of the committee, and they have been covered by Senators with extrava- United States. gant enconinm. But the testimony of a private soldier, although On his last visit he surprised me with the information that he had written not a Democratic witness, did not carry euphony to the ears of his government that he had hopes of inducing the United States to supply the much-needed guns, etc. Republican Senators, and he was arraigned and mercilessly ex- In case Senor Agoncilla's dispatch should fall into the hands of an un­ coriated by the senior Senator from Wisconsin. And they call friendly power and find its way into the newspapers, I have thought it wise this defendine- the Army against Democratic slander. to apprise the State Department of the nature of the high commissioner's ~ proposals. I say that the officers of our Army do n ot lie or steal. I say, Senor Agoncilla informs me by late mail that he will proceed at once to further, that the soldiers of our Army do not lie or steal. But Washington to conclude the proposed treaty, if I advise. the records made up by this Republican War Depa1·tment show I shall not advise said step until so instructed by the State Department. I have the honor to be, sir, your obedient servant, that some of the officers and some of the soldiers do steal; these ROUNSEVILLE WILDMAN, Constcl. records show that so~e of the office~s now hold!n~ commissions in To show that we did not cooperate with the Filipinos with a the Army staD;d conVIcted of stealing. But. It 18 p~oper to say "knowledge of their purpose before us I will r ead from the same that the Amencan r>e:C>Ple do not steal , no~W?-thstanding some of book, on pages 316-317, the r eply of our State Department to th e them have been conviCted of larceny. So .It IS proper to say t hat request of Spain to release Spanish prisoners to enable Spain to the ~Y does not steal, thougl?- some of Its membe!S have been resist the sieges by the Filipinos of the few small places then convtcted of theft. The ex_ceptwns do ~o~ char~ct~nze the conn- (September 5 1898) held by the Spaniards in the archipelaao· try nor the Army. The crrmes and cnmrnals m either ought to ' o • be suppressed. Mr. Moore to MT. Thiebaut. Republican Senators charge us with being cowards, running [Personal] away from a useless war with an inferior people and race. If it FREXCH EMBAssY, w AsiiiNoToN, September 5, 1898. be cowardice to stop war and to oppose a policy fraugh t DEAR Mr. Tm:BAUT: Since the receipt of your informal note of the 29th to try a ultimo and your personal letter of the 3d instant consideration has been with such horr ors as the War Department ha-s shown ns, and if given to the matters therein referred to, and pertinent advices have been it be cowardly to try to save· the lives and health of our soldiers received from our military and naval commanders in the Philippines. from needless exposure, then yon may put me down as a coward. Astheresultof our investigations itappearsthatsomeof thereportswhich you have brought to our attention in behalf of the Government at Madrid But there is one thing we have not done; we have not fawned have no solid foundation, while others relate to ma.tters that occurred before and skulked behind the epaulets of Army officers to escape fac- the signing of the protocol of August 12. · li th t t b d f d d S t d t The rumor that the authorities of this Government are carrving on nego­ rng a po cy a can no e e en e · ena or s say we 0 no tiations for the purpose of chartering at ships for tlie transporta- conrment on the fact that generally the conduct has not been tion to Spain 'of the Spanish troops that surrender at Manila a_ppears to be cruel. That goes without saying yet it has been repeatedly as- wholly groundless. No such negotiations have to our knowledge been un- . S t S to h · · t d tt... ~t 11 dertaken. None have been authorized. serted b Y D emocrat lC ena ors. ena rs ave InsiS e .u.a. a In our conversation of the 3d instant you disclaimed any intention on the the orders of· the officers were commanding humane treatment, part of the Spanish Government to impute to the commanders of the Amer­ I suppose to imply that all the cruelties were perpetrated by pri- 1can forces at Manila connivance with any recent hostile proceedings of the vate soldiers ag-ainst the orders of the officers. The records criven insurgents. I am now able to say that tney have no knowledge of the in- ~ o~ cidents referred to as having lately taken place at Manila. out by the Wru· Department and the evidence show that generally As to the rumor that a ship with 'i'OO insurgents on board has lately left the tortures and cruelties were by officers and by Macabe be sav- Manila. with a view to attack some of the islands in the Philippines, we are ages dis!ITacing ou:r uniform. advised that no insurgent vessel having troops on board has recently left ~ either Manila or Manila Bay. It is Stated, however, that about August. 10 The Senator from Wisconsin laid great stress on petitions from before the protocol was signed two vessels with from one to two hundr;Ji the Philippines for the retention of our armies. The dispatch troops left Manila. Bay, destination1 unknown. from the Secretaiov of War, found on page 2486 of Affairs in the The report that similar expeditions are preparing in Luzon with a hostile ·J d purpose against other islands appears also to be inexact. Our ad vices are to Philippines, may throw some light on this, which I will r ea : the effect tha.t the insurgents have three or four small vessels, only two· of UNITED STATES SIGNAL CORPS, which have guns, and that the largest of these vessels will not carrv more floilo, Ji'eb1""1.Lary 11. than 200 men. • In your informal note of the 29th ultimo it is stated that the Spanish Gov- Co~DING OFFICER, Pototan: ernment suggests that, for the purpose of checking insurgent hostilities, the Following telegram has been received and should be circulated a.mong all Spanish troops now held as prisoners of war by the American forces may be officers; pl..1.ced at the disposal of Spain, to be used against the insurgents; or, if this "MANILA, February 10. be objected to, t:&at the Spanish Government may be allowed to send troops "Colill.A.NDING GJJ:NERAL FIFTH SEPA.RA.TE BruGA.DE, Iloilo: from the Peninsula to the Phili_ppines. It can sca..."Cely be expected th.1. t this "Following cablegram received from Washington: To refute statements of Government would even consider the question of adopting the first alterna­ misconduct of trooys toward natives in Pbilippine Islands, Secretary of War tive, in view of the fact that for some time before the smTender of Manila Root directs petitiOn of retention of commanders of various organizations the Spanish forces in that city were besieged by_ the insm·gents by land and any information within the knowledg:e of any officer on these islands while the port was blockaded b:y the forces of the United States by sea. will be wired here. Any applications that nave not been forwarded will be As to the second alternative, 1t will be a matter for regret if it should be forwarded at once." adopted on the strength of rumors, some of which have been shown to be By order of Colonel Snyder: groundless, while others yet are unconfirmed. The Government of the United NOBLE, States will, through its military and naval commanders in the Pbilippinel:', Adjtbtant-Ge:neraL's Office. exert its influence for the pmopose of restraining insm·gent hostilities panding A true copy. the suspension of hostilities between the United States and Spain. GEORGE J . ODEN, It would be unfortunate if any act should ba done by eithe-r Government which might, in certain aspects, be inconsistent with the suspenS:.on of hos­ First Lieutenant, Te:ntk United States Cavalry. tilities between the two nations, and which might necessitate the adoption We must presume that this was not intended to have evidence of corresponding measures of precaution by the other Government. Very sincerely, yours, cooked for the case; but if any were to suspect as much, I am J.B.MOORE. not prepared to deny the provocation. I wish I had time to discuss the moral and legal aspect of the Knowing the Filipinos claimed to be a republic and were fight­ controversy. When war was declared against Spain it was dis­ ing fol' independence, we aided them and cooperated with them. tinctly avowed that it was not for the acquisition of territory. When we and they whipped the common foe we bought from the So when we went to the Philippines it must be agreed that it was common foe the right to conquer our allies-a right that the com­ not to conquer or acquire the islands. This being true, we had no mon foe, without our interference in any way, did not have the claim. to them up to April11, 189)}, and their political attitude up power to exerdse. To conquer these allies costs tens of thousands to that day was a matter between them and Spain. Spain at that of lives and hundreds of millions of ·dollars, for which there can trme had absolutely no power in the archipelago and could sell never be any adequate return. The impeiialistic policy ought to n othing there except a right to conquer. be abandoned. 1902. CONGRESSIONAL RECORD-SENATE. 6217.

Mr. CARMACK. I wish to renew my request for unanimous THE A RLINGTON, Washington, I>. C. , January 7, 1899. consent to print in the R ECORD the rest of the matter that I was The SECRETARY OF STATE. reading yesterday. SIR: On yester day I had the honor to deliver, on behalf of Senor Don The PRESIDENT pro tempore. The Senator from Tennessee Felipe Agoncillo, at the State D epartment to one of its officials, and ad­ asks unanimous consent to print in the RECORD the remainder of dressed to you, a letter and memorandum., a duplicate original of which is inclosed. the paper which he was reading yesterday. Is there objection? I am directed by Senor Don Felipe Agoncillo, in view of the fact that certain The Chair hears none, and the order is made. newspaper :P-Ublications have been made referring to it and containing pur­ The paper referred to is as follows: ported detaiLs of the delivery of the letter and memorandum in que;:;tion to the State Department, to deliver ro you tne mc1osed, to the end that it may The statement that "Agoncillo,_Lopez, and others were, while in Wash­ receive your early and favorable consideration_ ington, forewarned of the outbreak of hostilities on the 4th of February, 1899, I have the honor to be, with the most distinguished consideration, your and that they or some of them slipped out of the country in order to get obedient servant, beyond the jurisdiction of the Umted States," is untrue. I was secretary SIXTO L OPEZ. of the Filipino commission to Washin~n of which Senor Agoncillo was the president. I saw every communication that was received and sent by the THE ARLINGTON, Washington, D. C., January 11, 1809. commission, and no such forewarning ever came. It was also stated at the time that Agoncillo sent a cable to Aguinaldo or the Hongkong junta, urg­ The SECRETARY OF STATE. ing an attack upon the American forces. This, too, is entirely untrue. Sm: On Friday, January 6, 1899, I had the honor, through my secretary, It is true that we knew of the serious unrest that was being created by the Senor Lopez, to submit to you the request that I be accorded the privilege of terms of the and by the attitude of the American military an audience with you to arrange for the presentation of my letters of cre­ authorities in demanding that our forces should yield positions to which dential to the President, and to state to }'~>U that I, as envoy from the Philip­ they were justly entitled by the success of their arms. We knew also that pine republic to the President of the United States, would be pleased to when two armed forces were in striking distance of each other there was 0 grave danger that" the impetuous action of a Filipino or the overzeal of an ~~~~~/fto;~~Je:!le~em~~fd~:t'~ :U~:~~J~J~~~~:C~e~ni~~= American soldier might create a condition r esulting in grievous loss of life." panying this letter was a memorandum referring to the condition of the gov­ And for this reason we did everything in our power, as the accompanying ernment of the Philippine republic, which I have the honor to represent. letters will amply prove, to obtain from the authorities-at Washington an Permit me to express my sincere regret that up to the present time I have a&'""'Urance that an attack on thePhilippinegovernmentwasnotcontemplated not been favored with a reply to or an acknowledgment of the letter sub­ by America, notwithstanding the fact that reenforcements of American mitted, as stated. This regret is the greater because of the present unhappy · troops were then being sent to l'tianila. relations existing between the Philippine government and the representa­ It is true, also, that Senor Agoncillo, on account of the attack that was tives of the American Government now in the Philippine Islands, appreciat­ being made upon him in the American press and of the statements that he ing, as I do thoroughly, the material injm'ious consequences to result from was liable to be arrested, felt that it would be undignified for him to remain any conflict which might-arise between the two governments, as well as the longer in Washington, and was on the eve of departure when the news ap­ moral damage which would be inflicted by the severance of the relations of peared in the American press that hostilities had occurred at Manila. Con­ trust and confidence which have heretofore existed. This feeling must be trary to my desire, Agoncillo still persisted in leaving the country, not be­ my apology for venturing to address you, urging respectfully the importance cause of a desire to escape juriqdiction, but because he felt that his mission of a speedy answer to the communication in question. as an ambassador was at an end. Dr . Losada and I remained in Washington I venture to submit to you herewith some considerationa bearing unon the for five weeks after the outbreak of hostilities and the ratification of th.e right of my country to recognition as an independent sovereignty, as~ well as treaty. It is true that Dr. Losada was suffering from muscular rheumatism upon the benefits to be derived to the parties most immediately concerned in the arm. from the granting of such recognition. I believe that if America had granted our very reasonable request that In view of the present status of affairs in the Philippine Islands, and the the troops being sent to Manila were not intended as a menace to om· govern­ fact that, in the present strained position, the impetuous action of a Filipino ment or om· people-and it was as much America's duty as ours to endeavor or the overzeal of an American soldier, acts based upon the impulse of a mo­ to maintain peace-the conflict would not have occurred. SI XTO LOPEZ. ment may create a condition resulting in grievous loss of life, as well as a memory that both nations might carry with them for years, I again urge upon you the necessity of an early and frank communication between the representatives of the countries in question. THE ARLINGTON, Washington, D. C., Janum-y 5, 1899. Permit me to subsc1'ibe myself, with the expression of the highest consid­ The SECRETARY OF STATE. eration for you, your most obedient servant, FELIPE AGONCILLO. SIR: I have the honor to request, on behalf of Senor Don Felipe Agoncillo, accredited as the envoy of the Philippine republic to this country, that he may be accorded the privilege of an audience with you to arrange for the T HE ARLINGTON, Washington, D. C., January 2~, 1899. p!·esentation of his letters of credential to the President of the United States, The SECRETARY of STATE. and to state that he would be pleased to know the time most agreeable to Sm: I had th9 honor on January ll, 1899, to address a letter to you touch­ you for him to call and pay hiS respects and ascertain when it would meet ing the question of my recognition as the envoy of the Philippine republic, the President's convenience to r eceive him. accompanying the same with a memorandum demonstrating that according I have the honor to inclose herewith, by direction of Senor Don Felipe to all American precedents the Philippine republic was entitled through its Agoncillo, a memorandum relative to the government of the Philippine Is­ representative to receive the r ecognition sought for. In concluding the let­ lands. ter in question, Iventm·ed to call your attention to the fact that, in the present I a.m further instructed by him, in view of the recent circUilllltances, to strained position at Manila, the impetuous action of a Filipino or the over­ urge upon your consideration the advL"'Rbility of an understanding between zeal of an American soldier might create a condition resulting in grievous the American Government and the representative of the Philippine people loss of life, and for this reason I particularly urged upon you the necessity of as to the relation between the r eapactive nat ions; such understanding to be early and frank communication between the representatives of the two r eached either at Washington, through joint representatives of the govern­ countries. Since the delivery of the letter referred to we have been made ments, or in the Philippine Islands in a like manner. aware, through the newspapers, of the fact that the very circUilllltances ad­ Senor Don Felipe Agoncillo further instructs me to express his earnest de­ verted to as possible have nearly caused the actual existence of a state of sire that the friendly relations which have heretofore e::risted between the two war between the two nations, and the language used by me was so far pro­ people may ever be maintained. phetic that the subsequent !acts have amply justified its employment. I have the honor to be, with the most distinguished consideration, The conditions have not essentially changed since the writing of my former Your obedient servant, letter except in certain respects affectin~ the rnatters to be hereinafter mor e SIXTO LOPEZ. fully set forth, and the urgency then pomted out, I respectfully submit, still exists even in an accentuated degree. As the Washington representative of the Philippine republic, permit me Memorandum to a{;company letter from Se1ior Don Sixto Lopez, secretary of respectfully to call yom· attention to a certain condition surrounding the Se1ior Don Felipe Agoncillo, to the honorable the Secretary of State. relations of the two countries, which, in my opinion, calls for an immediate alleviation. JANUARY 5, 1899_ There are at the present time, as we are informed, approximately 20,000 The Philippine republic was promulgated on June 18,1898, by a congress of armed and disciplined American troops in the city of Manila and VIcinity, r epresentative Filipinos, accredited from and b eing residents of the various controlling a population of about 300,000. A number of war vessels aro sta­ i'llands of the Philippine group, and assembled at Bakoor, province of Ca.vite, tioned in the harbor, and many other American men-of-war and traru;ports island of Luzon. Its e::ristence was formally announced to foreign powers on are to be found within the limits of the Philippine Archipelago, although the August 1, 1898. actual possession of the American troops extends o-ver not to exceed 143 out The representatives referred to created a provincial government and de­ of more than 200,000 square miles of territory. termined the manner in which the government of the various islands, prov­ Despite the existence of these enormous forces within an extremely cir­ inces, and subdivisions should be constituted. Pursuant to the action of said cumscribed area, we are informed through the public prints that other ves-­ congress a detailed system of government has been provided for and is actu­ sels of war have been ordered from distant parts of the globe to reenforce ally maintained in all portions of the Philippine Islands, except so much of those now among the islands in question, while but a few days ago a tran.o­ the provinces of Manila and Cavite as is now in the actual possession of the port sailed from New York City carrying about 2,000 soldiers and having American Army, such excepted part containing only about 3 p er cent of the Manila as its destination, and as we are further informed, regiments of troops population of the entire islands and an infinitely smaller proportion of their are under orders to proceed by way of San Francisco to the Philippines. area. The public prints inform us that an attack upon the Philippine Isl.unds is From the foregoin~ it will appear that the Philippine government is now, contemplated; that the islands are to be taken in detail, the smaller ones as it has been practically ever since the 16th of June, 1898, in substantially first, the larger ones blockaded, so that they may not assist those first at­ full possession of the territory of the people it represents. tacked. Furthermore, pursuant to the action promulgated at Cavite, the people of It is naturally the impression of my government and people that these the Phili_l)pine Islands have an executive h ead ;in the parson of Don Emilio war-like preparations indicate existing or immediate military operations in A~uina.ldo, who is assisted by a cabinet embracing mmisters of foreign af­ the Orient, and they r eadily conceive that it must be contemplated that such frurs, war and public works, justice and finance, all appointed pursuant to operations are to be levied at the existing government of the Philippine Is­ the constitution of June 18, 1898. The government in question ha-s, since the lands. time named, exer cised all the functions pertaining to a government any­ As the representative of the Philippine government, I hesitate to giV1!1 ad­ where in that it has raised and eusW.ined large armies, expelling the Span­ hesion to this idea, for I can not believe that there is any present or threat­ iards, who, without authority or sanction of tlle people, claimed control of ened future difficulty between the American and the Philippine governments the country, and has collected revenues, maintamed post-offices, adminis­ justifring warlike activities; and, as a believer in the humanity of the tered justice, cared for public instruction, and performed all the other func­ AmeriCan people refuse to acquiesce in the idea that America designed war tions incident to civilized control. This government ha,s preserved civil and upon the Philippme1 Islands. religious liberty and protected private property, and is so far intrenched in But lately the United States and the government I have the honor to rep­ the affections of the people, and has with such humanity exercised its offices resent have been associated in the conflict against a common enemy. The that tho Filitnos feel that, ns their representative, it should be welcomed to purpose for which the United States entered upon such a struggle has been the family o independent nations. SIXTO LOPEZ. accomplished by the expulsion of Spain from her West Indian possessions. The desire of the Filipino republic has been practically obtained by the almost 6218 CONGRESSIONAL RECORD-· SENATE. JuNE 3, complete expulsion of the Spanish Government in the Philippine Islands, was fair to hold even a county or an entire communityre~onsi­ the Philippine government IJOW holding as prisoners of war between nine and ten thousand soldiers laf.ely in arms under the Spanish flag, and Spain ble for the lawless and cruel and unjustifiable act of a few people, posse sing only a few small garrisons in isolated points of minor importance I care not whether the act was committed in Kansas or in Mis­ and not worth enumerating. sissippi or in any other State. The individuals who commit such In view of the foregoing, I l'..an not, as I have said, conceive any reason why the armies and navies of the Unlted States lately employed aga.J.nst her com­ acts are themselves responsible, and they deserve to be held up to mon enemy should now be turned against Americ3,'s recent associate. the scorn of all people. But surely it is unfair to say that when The United States has no active enemy in the Orient, having proclaimed those people who are actually guilty of outrages are censured for an armistice with its late anta~onist. It is true that such antagonist has undertaken to convey to the Umted States its alleged claim against the Phil­ them that that is an attack upon the AI·my. ippine Islands, a claim which Spain was not capable of enforcing and which Mr. President, the Army of the United States is not responsi­ never found its origin in the consent of the people of those islands. Are my ble for what has happened in the Philipprnes. The responsibility government and the people to be led to suppose that it is b ecause of some desire on the part of the American Government to {'nforce against its late for all that has taken place there belongs here; it belongs to that associate thi.'l exploded claim that the United States is massing its forces at class of our citizens who, many of them, actuated by greed, many the late capital of the Philippine Islands? of them actuated by wild dreams of commercial prosperity and The Philippine Islands are in a state of public order. They p ossess a gov­ ernment satisfactory to their inhabitants and are without an enemy within expansion of territory and for having this nation become a world their borders offering any resistance to its just operations, and they find power, have forgotten the traditions of the Republic and brought themselves to be at peace with all the world. about and engaged in an tmjust and unholy war. The responsi­ . I am sure you will appreciate, in view of the circumstances I have detailed, the quieting and reassuring effect upon the minds of my countrymen to r e­ bility rests with those who had the choice between peace and war. sult fr om a disclaimer upon· the part of the American Government of any When the Spanish war was closed the issue was fairly pi·e­ intention to attack their liberties and independenco. sentecl. It was known that if this Administration or this Con­ . Notwithstanding the serious difficulty under which I labor in not h:lving been formally r eceived by the American Government as r epresentative of gress had said that those people should have fair and just treat­ the Filipino nation, I feel1t my imperative duty to call your attention to the ment and be given the right to organize a government of their disturbmg facts before enumerat ed to the end that they may re ~eive from own choice there would have been no war; but, I repeat, actu­ you such assurances as will satisfy my countrymen that it is not t.he inten­ tion of America to make war upon the new republic of Asia, and which will ated, many of them, by the motives which I have stated, they explain to it the reason why larg-e armies and navies should be dispatched to have pursued a different course, and they are responsible for all . the Philippine Islands, and whwh will relieve my countrymen of the fear which has followed. that now possesses them that their liberties are endangered at the hands of a republic whose name they have always believed was associated with free­ The Senator from Wisconsin said the other day that no Senator dom and to which they have come first applying for recognition among the had been moved or actuated to vote for the treaty by commercial nations of the earth. hopes or mercenary considerations of any kind for our co1.mtry. I desire again to express the gratitude of my nation to America for serv­ ices r endered by lter in furthering Filipino independence, and to express the The Senator from Tennessee [Mr. CARMACK] reminded the Sen­ hope that friendly relations may ever continue. ator from Wisconsin that the former Senator from Montana, Mr. In view of the present alarming situation, may I respectfully urge the Ca,rter, had upon this floor made a statement that such w:as the importance of an immediat9 answer? I have the honor to be, with the assurance of my highest regard, very re­ purpose. spectfully, your obedient servant, . Mr. President, there was an interview printed by one of the FELIPE AGONCILLO. most distinguished Republican Senators who ever sat upon the other side of the Chamber, in which he said that the time was near [Mr. BEVERIDGE addressed the Senate. See Appendix.] at-hand when there would be a great contest for the trade of the Mr. BERRY. Mr. President, I had not intended to speak at all Orient, and that it was necessary for the United States to occupy on the pending bill as I have spoken several times upon the subject a position near the ground in order that we might have an even heretofore. I should not speak now but that on Saturday last the chance in the contest for the trade of China. I repeat, further­ Senator from Wisconsin [Mr. SPOONER] referred to the fact that more, that the Secretary of.the Treasury, standing by the side of but few Senators on the floor who had been soldiers in the Southern President McKinley, at Savannah, Ga., said that in this war phil­ a11Ily had taken part in the debate. He also charged·that Sen­ anthropy and 5 per cent would go hand in hand. ators upon this side of the Chamber had assailed the Almy of the The Senator from Indiana [Mr. BEVERIDGE] 'who has just taken United States, and he said that there were certain other Senators his seat made a speech upon this floor, in which he pictured the here whom he did not believe would concur in such charges. wealth of that archipelago and referred to the glories of com­ Mr. President, if the premises were true, if it were true that merce which would come to us; and the Republican papers from Senators upon this side of the Chamber had attacked the entire one end of this country to the other have pictured that when the Army of the United States for the acts of a few individuals be­ Nicaragua Canal shall be finished our possession of the Philip­ longing to that Army. then I would not agree with them; but I pines would be especially beneficial to the people of the South, as state here to-day-and I have, I think, either heard or read every it would give them an additional market throughout that country speech that has been made on this subject on this side of the for the cotton which they raise. All over this country Repub­ Chamber-that I do not believe it can be truthfully said that any lican Senators and Representatives and newspapers have openly Senator on this side or on this floor has atta.cked the Army of the advocated the advantages that would come from taking and keep­ United States, or charged that the entire Army was responsible ing possession of the Philippine Islands. It is with them that the for the misconduct of a few individuals. If any Senator on the responsibility rests. other side can point out and name such a Senator upon this side You have deliberately brought it about. I know that some men or quote such language from him to sustain that charge, I shall on the other side have said to me that they had made a mistake. be glad if he will do so. I think many of you, when you contemplate what has occurred Mr. President, I for one would be the last man to attack the in those far-off islands, and the tears and the souows and the in­ Al."'lly. I have alwar had for any soldier who was actuated by juries that have come to so many of our own people on account of patriotism and desired to do his duty, who was willing to incur the loss of our soldiers, and the infinite horrors which have come thb dangers and undergo the ha1·dships of a soldier's life, the to that far-off people, feel to-day that it would have been better highest respect and the highest regard, I care not for what cause to have dealt with the Philippines as we have dealt with Cuba. he fought or under what flag he marched, if he was honest and There is no man in the United States to-day who, I think, does conscientious in the discha1·ge of his duty. The hardships which not feel proud of our action in Cuba. We are entitled to the the soldiers have to endure are sufficient. No words will ever glory of having freed that people and of having given them a gov­ come from me which will assail the great body of the Army of ernment of their own. That glory is, however, somewhat ob­ the United Stat es. No man in theentirecountrywasmoreproud scured when we remember that there is another people equally or more rejoiced over the magnificent conduct of our soldiers and entitled to our protection, equally entitled to liberty and inde­ sailors of the Army and Navy in the war with Spain t.han was I. pendence, upon whom we have made war that has cost the lives There was a grand wave of patriotism that then went all over this of thousands of then· citizens.· We have reduced them to sullen land, and there has never been a time in the history of this cotm­ submission, because they have not the power to resist, and we try when there was such unanimity of feeling and such cordial have put into then· hearts undying hatred for our people and relations existing in every State of the Union as on the day of the our country, when, if we had treated them as we treated the close of the war with Spain. Cubans, there would have been love and admiration and grati­ But I repeat, it is unfair and it is a false issue to charge that tude. Senators here have attacked the Army of the United States. It So I ha-ve placed the responsibility upon those who have brought is tJ;11e that they have denounced in unmeasured language the acts about this condition of things, and there, I believe, the impartial of General Smith, of Major Waller, and of Captain Glenn. Where historian will in the future place it. is the Senator who will rise in his place and defend the acts of I do not stand here to-day to stir up any feeling of strife. I these three officers? They can not be defended. These men have, honor the American Army; I am proud of its glories, and I would as the testimony shows, linked then· names with infamy that will not, under any cn·cumstances, utter a word to detract from its stay with them for all time to come. But that is not the case woll-earned fame. I regret that the chairman of the committee with the great body of the Army. has selected from the testimony taken before the committee, and I never did believe in attacking a whole State because of the printed in the RECORD, some of the most brutal acts that were lawJesf\ness of some few of its citizens. I never believed that it committed during our civil war. I think, Mr. President, that 1902. CONGRESSIONAL RECORD~SENATE. 6219

those acts we:t') such that we should all be glad to forget them; and tral prelude in which the sweet singers of many States partici~ yet the Senator from Massachusetts has placed in the RECORD the pated while weird strains of their: ad melody have vibrated record of General McNeil, a Union general in Missouri, who through this Chamber and awakened a melancholy thrill through­ brutally, and without a shadow of excuse, took out 10 prisoners out the country, whether after all the grand recital were not in­ and deliberately shot and murdered them. I think the Senator tended to show how much music the Democratic party could ought not to have published such a record as that. I think we create even without the soft tones of the silver bugle. had better have forgot~en it. But would it be fair for me to say Instead of lending their great abilities to help the Administra­ that because he did print that, I think the Senator intended to tion solve these all-absorbing questions they organize a prelimi­ cast opprobrium upon the Union soldiers in the late war? I do nary campaign of calamity, the objective being to stamp the mark not think he intended that. I do not think that he would stand of Cain upon the Administration for the murder of the Little here and defend such an act a~ that. Then why did he do it, Brown Brother. . Mr. President? Why bring that forwal'd unless the Senator thinks A chamber of horrors must be opened. The battlefield of the it will in some way excuse or justify General Smith in the order Philippine Islands must be scanned for cruelties and outra-ges which he is3ued in the Philippines? with which to conjm·e in the next campaign and make the people I repeat again that this debate here and elsewhere has assumed sick of sovereignty spotted with blood. . a shape that may tend again to revive sectionalism. I regret that The propaganda of despair is pushed forward. They fill the the President of the United States, the President of all the peo­ Orient with their pathetic eloquence and intoxicate· the imagina­ ple and all the States of this Union, on Memorial Day, on a day tion of the susceptible native. They quench the last spark of when he wa1 surrounded by the graves of those who fell in the ·gratitude that glows in his bosom for his new friends. They cre­ civil war, on a day when the old soldiers and young soldiers, and ate a shudder of horror at home·and widespread distrust abroad. when men and women assembled together to place flowers upon Their oratory is not employed to commemorate the long-suffer­ the graves of those who had died in defense of the Union, I regret ing patience, the splendid courage of our men, who so often· that on that day, which should appeal to the warmest emotions "marched to death as to a festiyal." They have no praise for of every man s heart, on that day when a man feels most kindly the matchless courage displayed in jungle and mountain wastes, toward the living and most grateful to the dead who have died in nor for the tenderness and care bestowed upon the wounded na­ defense of principles in which they believed, I regret that on that tive; but they seek out isolated cases where water torture has day the President saw proper to make what I think was a bitter been applied and other outrages committed, such as inevitably partisan speech. He saw proper to go back forty years and un­ follow war, however we may deplore the fact. They pictura our • dm·take, as I think, to rekindle the fires that burned with such brave soldiers as · bitter passion in so many hearts during that civil war. He not Slaves for pillage fighting, '( only did that, but he referred to the acts of wild and infuriated Obdurate vassals fell exploits effecting, mobs, I presume, in order to justify the cruel and deliberate act In bloody deaths and ravishments delighting, of General Smith in issuing an order to kill all male Filipinos Nor children's tears nor mothers' groans respecting. over 10 years of age. They have framed indictments under the Declaration of Inde­ When you talk about what we do for party purposes, I ask pendence and under the Decalogue and under the rules of war. what other purpose could the President have had, and what other They have injected into the investigation a wholesale court-mar­ reason could he have had, except that he hoped to excite the tial of brave officers who are 7,000 miles away, unable to meet people of this country and make them believe that those of us their accus :rs or confront the witnesses. Their names have been · who oppose this Philippine policy are attacking the Army of the associated with crimes to be accused of which is a blight upon United States? Such a statement is unfair to us. It is not cor­ their reputation. Rumors and newspaper clippings have· been rect and it does not represent the sentiment on this side of the exploited, doing their deadly work, although not accorded the Chamber. dignity of evidence. Such an ex parte inquisition is as cru.el as I for one from the beginning have been opposed to this Philip-. the grave. -pine policy and am to-day, but I place the responsibility for what It was reserved, however, for the senior Senator from Utah has occurred upon those who in an awful hour forgot the tradi­ [Mr. RAWLINS] to reach the very climax of despair, and I beg to tions of our fathers, and, excited by a wild dream of conquest, call attention to a most remarkable sentiment uttered by him in overrode and broke down every principle that has made our this debate: found on page 5151 of the RECORD: country glorious in the past. Ah, Mr. President, what an awful thin.g this is! I commend it to the con­ Mr. QUARLES. Mr. President, this has been a great debate. science and to the considerations of humanity, if such thing may happen to It has developed marked ability on both sides. Sometimes it has lurk still in the breast of the American people. been vitriolic, sometimes irrelevant, but always able. The pend­ What a distressing doubt is there suggested, whether any ves­ ing measure deals with mighty problems of the living present, tige of conscience still lingers with the American people. Per­ .but much of the discussion has involved facts and issues that haps this pessimistic view may explain why ce1·tain noble speci­ have passed into history and are beyond recall. mens of manhood commissioned to represent the conscience of There is nothing in this world more unprofitable than to quar­ the nation in this body have been so eager to bind the nation by rel with a fact. an express pledge to the Philippine people, because, forsooth, the We are confronted by this great stubborn fact: We are in American people left to themselves would fail to appreciate the the Philippines. We own the islands by an unimpeachable title. equity and justice of the case because of a torpid conscience or We have assumed responsibilities which we can not escape or. lack of humane considerations. Let not the distinguished Sena­ delegate, no matter how heavily they press upon us. They tor despair of his country. The conscience of the great Ameri­ are bottomed on international law and national honor. Chief can people never sleeps. Its intellect never grows dull. Its among these is the duty to insure peace and good government to humane sensibilities are ever quick and active, as the distin­ the islands. To this end we have given hostages to the civilized guished Senator will have reason to discover when the ve1·dict is world, as well as to the native people. This bill is framed to Tendered, as surely it will be, that the American people have carry out that pledge and to discharge that paramount duty. greater confidence in their magnificent .Army than they have in The American people will tolerate no shuffling, and will be satis­ the Democratic party as at present constituted. fied only when we meet the situation in a straightforward manly During this debate certain aphorisms of the minority have cl'ys­ way, which is the American way. . tallized into shape: which it may be well to collate for future No questions were ever presented to an American Congress reference: more complex or diffic1.1lt; none ever called for greater wisdom or The torture of the little brown brother is atrocious. higher statesmanship. The situation is novel and we are without The torture of the brother with the black skin is defensible and precedents. In this emergency the nation was fairly entitled to sometimes necessary. · the best thought and combined wisdom of all the Senators in this We demand that any government in the Philippines shall reset Chamber. upon the consent of the governed. It is a sad pity that at this supreme moment the minority were We insist upon the same principle in America, and enforce con­ willing to bring this debate down to the lower level of party poli­ sent at the muzzle of the shotgun. tics, where this iinportant measure might be warped by the heat The Declaration of Independence is inflexible in t.he archipelagos and o~scured by the smoke of party strife. The upheaval in but it is optional and elastic in Hawaii and Porto Rico. Martinique has been typical of what has happened here on a Under the heat and stress of debate it has been charged that this smaller scale. We have had the loud detonations, the flashes of mea8ure is one of exploitation (I wish I could give the true Geor­ fire, the hot mud, and the air has been obscured by volcanic dust. gia accent and inflection to that word-ex-ploi-ta-tion); that it is We must make allowances for political exigencies. Even a vol­ so framed as to offer an asylum for spoilsmen and carpetbaggers, cano could not dislodge a dead crater as old and inveterate as the an opportunity for thieves and promoters; that under its provi­ Chicago platform · and establish a new blowhole without great sions it is proposed to turn loose in the Philippine Islands an army noise and disturbance. of camp followers to consume everything of substance that has It has occurred to me as we have listened to this grand orches- escaped the devastation of war; to sanction an era of corruption 6220 CONGRESSIONAL RECORD-SENATE. J UNE 3,

and spoliage. If this be true, why spend tii?e over ca.:'es

:Mr. LODGE. I ask that question-whether they come from Men of .H Troop have told me that they have known Arnold to have a man tied to a saddled horse. A few feet of slack was allowed. A man was the archives? I want to find out whether they are official. then mounted on the horse and told to gallop down the road for a mile and Mr. CULBERSON. They are correct copies, Mr. President, I then back. If the prisoner could run ll.S fast as the hors3 it was all well, but am reliably informed. if he could not he had to drag. Arnold has had this done several times, and more than once the prisoner was dragged. · Mr. LODGE. Copies of what? That is all I want to know. Now, I have witnesses for all that I have written about, and should there l'4r. CULBERSON. Copies of the charges made by Private ever be an investigation of this I will be perfectly willing to be put upon the Anili·ew K. Weir, and the report of Capt. P. W. West upon those stand. I know other men that would be willing to do the same. I believe t~t most of the officers and enlisted men in the Army are humane, charges. but those that practice what Arnold has should be brought to justice. Mr. LODGE. Those exist in the War Department? It would do me no good to report this matter through Army channels, as The PRESIDENT pro tempore. The Secretary will read as re­ it would only be hushed up and then I would get the worst of it. Now, I am writin~ this letter to you; you are a 'close relation of mine, and quested. for that reason I believe I can write anything. I think that yon should bring The Secretary read as follows: this before the proper persons. Lieut. Frederick T. Arnold was apYointed to West Point from Iowa in B.AL.A.YAN, B.A.T.A.NG.A.S PROVINCE, LUZON, P. I., Ap1'il10, 1901. 1893. He graduated from West Point ill 1897 and was commissioned a second MY DEAR UNCLE: You are a free American citizen, and as such you are lieutenant in the Sixth Cavalry. He is now second lieutenant of Troop H, entitled to know how our government is carried on. I have somethin~ to in­ Fom'th Cavalry. form you about. It is the terrible crueltr practiced upon Filipino priSOners I hope that the proper people of the United States will take hold of this by American soldiers in these islands. FITSt, I want to know if the Constitu­ case and have all torture in these islands stopped. tion of the United States and international law does not prohibit torture. Well, my dear uncle, as I have already written so much on this subject, I We soldiers are representatives of a civilized nation sent out to these will not write about other subjects. I am in fine health, and hope that yon islands to "civilize" a t;o-ca.lled lot of savages. These people are not nearly are the same. Give my love to all. so uncivilized as is supposed. You probably have read about some of our I remain, your loving nephew, m en being put to death by horrible torture, but what can you expect when ANDREW K. WEill, JR., we do equally as bad to our prisoners? Troop C, Fourth United States Caval1"'1J, Balayan, P. I. Has any court the right to force any prisoner to confess, no matter how many crimes the prisoner is supposed to have committed? When I say force Mr. BEVERIDGE. Will the Senator from Texas permit a I mean to force b¥ torture. The Army of the United States in the Philip­ pines is representing the law of the United States. But whether or not it is question? proper to torture a man it is done anyway, and under the orders of com­ Mr. CULBERSON. Certainly. missioned officers. Mr. BEVERIDGE. I observe that this appears to be a letter, I have heard men of other regiments make their boasts of how they have made captured insurgents tell where their arms were, but never witnessed and it very properly says that it should be presented to the proper the tortm·e but once. authorities. I wish to ask the Senator from Texas if the!.le facts The instance that I have reference to occurred about two months ago. I have been present-ed to the War Department? told the officer that he had to stop it or I would report him to higher author­ ity. He said he would not ;practice it any more, so I never informed on him; Mr. CULBERSON. I understand they have, and I desire to but now I have information about him doing the same, and oven worse, have read now the report of the officer of the inspeetor-general's n early every day. office, Department of Northern Luzon, on those charges. While I was one of a detachment of 24 men doing garrison·duty in the town of Pasay, 3 miles from Manila, a native man about 21 years of age was ar­ Mr. BEVERIDGE. Who presented them to the War Depart­ rested and accused of being a murderer, highway robber, and accused of ment? rape. Now, whether the man was guilty or not I do not know, but anyway Mr. CULBERSON. I am not advised as to who presented them. Lieut. F. T. Arnold for he was the officer in command, gave orders to Ser­ geant Edwards, bor,h1 of Troop H, Fourth Cavalry, to take the man to the Mr. BEVERIDGE. Did the Senator get them from the War basement of our quarters and get what information he could out of the man. Department or from any officer in the War Department? So Edwards took the man andasked him if hehadanyinformation togive. Mr. CULBERSON. The Senator did not get them from the The man had none. Edwards said to the rest of the soldiers who had con­ gregated to witness the "fun" that he would have to commence operations. War Department. The prisoner was stripped naked and laid on his back on the bare tloor. He Mr. BEVERIDGE. Or from any officer in the War Depart­ was then given the "water cure." A rough stick about 8 inches long and a ment? half inch ill diameter was vut between the man's jaws. A soldier lield the man's head down by pressillg on the ends of the stick. Another sat on the 1\Ir. CULBERSON. I have stated that I did not get these man's stomach, and still another sat on the man's legs. Edwards had a. bucket papers from the War Department. of water at hand. Water was poured down the man until it was vomited up. Mr. BEVERIDGE. I am asking the Senator if he got them It was then repeated. This water cure must be a terrible torture alone. The man heaved and from any officer of the War Department. The letter very prop­ begged for mercy, but to no avail. While down he was whipped and beaten erly says it should be presented to the proper authorities, and I unmercifully. He was then stood up and asked to confess. He did not. He am asking if the Senator got these papers from any officer of the was then beaten and clubbed again. I do not think that a square inch of the man's body was left untouched. He was kicked. A rope was then thrown War Department. across a beam. The man was strung up by the thumbs. Another rope was Mr. CULBERSON. The report shows that these charges were tied to his ankles and his feet jerked from under him. While up he was presented to thE1 authodties. They were inquired into by an officer beaten. All this time I was a looker on. I hoped that the punishment would stop. in the inspector-general's office, and a report was made on the I dared not interfere. But when the man was strung up by the neck I could 21st of August, 1901. I desire now to have read the report of stand it no longer\ so I went to the lieutenant. Before I went to him I did that officer. not know that he nad given orders to Edwards to torture the man if he did not confess. I told Arnold that I was an American and that there was some­ Mr. BEVERIDGE. Will the Senator kindly answer my ques­ thing going on at the quarters that I could not stand. He jumped all over tion, whether h8 got these papers from any officer of the War De­ me and asked if I was not making myself very busy. I said I was not; that partment? such carryings on were against all law. He said, in a very sarcastic manner, that I knew such a lot about law. He Mr. CULBERSON. The information, wherever I may have said that a lot of men in the Army, especially volunteers, think that they gotten it, is authentic; and I now ask that the report may be read. know how to run an army, but they do not. He said: " Now, when I give a Mr. BEVERIDGE. Of course, I do not want to interrupt the man to Sergeant Edwards, I want iruormation. I do not know how he gets it, but he gets the information anyway." He said that these people have Senator if the Senator does not desire to answer my question. no feelings other than physical and should not be h·eated as hmnan beings. Mr. CULBERSON. The Senator has answered that the infor­ I told Arnold that I did not come to get anyone in trouble, but merely to mation is entirely authentic. have the torture stop~ed, that if it were not stopped I would r eport the mat- Mr. BEVERIDGE. Did the Senator get the papers from any teiJ: ~!if~:~ ~J:i~~~f~~d with court-martial for insubordination. About this officer of the War Department? time Edwards came in and said that he had succeeded in making the man tell Mr. CULBERSON. The question, the Senator will allow me where the money was. Arnold told Edwards to take the man with him and get the money. · to say, might properly be characterized as impertinent. . I told Arnold that as the torture was finished I would not report the mat­ Mr. BEVERIDGE. Well, the Senator can apply whatever ter if it were not repeated. He promised not to do it again. I then left him. epithet he wants. If he does not want to answer the question he The prisoner did not show where the money was. He had only said that he would show the hiding place to have the tortm·e stopped. Three weeks need not, of course, but I should be very glad, if the Senator does later the prisoner was r eleased. Now, that was criminal of Arnold. If the want to answer the que tion, if he will inform the Senate whether man was guilty he should not be r eleased. If guilty he should not be tor- he got them from any officer of the War Department, and if so, turTgea~ls"f~lthe time that I was with the detachment under Arnold no tor­ from what officer? It is important to know whethe1· an officer ture was committed that I know of. of the War Department has had this information in his possession. Now, Arnold has a detachment of 20 men at Ca,laca, 7 miles from here. Did the Senator get it from an officer of the War Department Men that are under him now have told me that Arnold is having men tor­ tured the same as before and other ways besides. This is one of his n ew or does he not want to answer the question? I should like the ways: A strip of flesh is cut just above the ankle of the prisoner; it is then Senator either to refuse to answer the question or to answer it. attached to a stick; the stick is coiled with the strip of flesh. Imagine the Mr. CULBERSON. The Senator has repeated the question, torture the poor man must endure! I am told that when Arnold is out look­ ing for some criminal or suspected insm·gent he will grab, or have his men and I have suggested to him that it is impertinent. !"decline to grab, any native and ask for information. yield to the Senator. If the man gives no information, he is put to all k-inds of torture. I saw Mr. BEVERIDGE. Does the Senator decline to answer the the man that was cut at the ankle. I was over at Calaca. the other day. He question? had his leg all bound up and was out in the road with other prisoners working. Last week a part of this troop, a part of the Calaca detachment, and some The PRESIDENT pro tempore. The Senator from Texas de­ of the soldiers from Taal were out in the mountains. I was not along, but clines to yield. have been told by several men that Arnold had his m en take an old man to a stream and keep him under water until the man was unconscious. This Mr. BEVERIDGE. That is the same thing. was because the old man did not give certain information that he was sup- The PRESIDENT pro tempore. The time of the Senator from posed to possess. . Texas has expired, but unanimous consent was asked that these 6222 CONGRESSIONAL RECORD-SENATE. J UNE 3,

papers might be read. The Chan· is inclined to hold that that tion whether or not, directly or indirectly, these two papers were would include the time that is necessary to read them. So the received by the $enato1· from General Miles? [A pause.] That Secretary will read as requested. is aJl. The Secretary read as follows: Mr. SCOTT. Mr. President, I have been present in the last six OFFICE OF THE lNSPECTOR-GEiNERAL, or eight weeks most of the time during the discussion of the bill DEPARTMENT OF NORTHERN LUZON, under consideration for the government of the Philippine Islands. Manila, P. I., August 27, 1901. I have listened with some interest to the minority Senators in The ADJUTANT-GENERAL DEPARTMENT OF NoRTHERN LuzoN. their efforts to traduce and villify the American Army, its officers, Sm: I have the honor to submit the following report of the investigation and the private soldiers. Having once served in a war in this made by me into the complaint of PrivateAndrewK. Weir, _Troop C, Fourth Cavalry, against Lieut. F.·T. Arnold, Fourth Cavalry, in regard to the cruel­ country as a private soldier, I rise in my place to say one word ties practiced by Lieutenant Arnold upon native prisoners at Pasay and for the humble privates who arese1·ving in the Philippine Islands CalaCa, Luzon: to-day. Sergt. George Schurman, TroopB,Fourth Cavalry, stated that he had wit­ nessed the punishment of the prisoner at Pasay and that the facts were cor­ I am sure that enlisted men who are serving to-day in the Army rectly stated in Private Weir's letter to his uncle, The prisoner was choked, of the United States in the Philippine Islands will compare favor­ beaten, hung up by the thumbs, and then by the neck, and given the water ably with those upon this floor who have tra~uced them, and I cure, and was whipped with rattans, this whipping being so severe as to bring blood on the prisoners legs. That this punishment was all inflicted by pre

statement which I made to this correspondence that the Secretary flection he approves of it, will move to incorporate such a provi­ of War had on the 27th of May reported to the Senate through a sion in the bill. communication to the Senator from Massachusetts [Mr. LODGE] Mr. LODGE. I wish to call the attention of the Senator from that so far as Lieutenant Arnold was concerned the facts failed, Iowa [Mr. ALLISON] to the fact that the Senator from Georgia in his opinion, to justify the trial of that officer by court-martial. [Mr. BAco ] suggests that it would be well to provide that no The statement is here, and "vill go for what it is worth. member of the Philippine Commission should be interested in any In reply to what the Senator from Iowa has seen proper to way in any corporation. say, I ought to state further what I probably did not state with Mr. BACON. Either as a stockholder in any corporation or sufficient emphasis before, that in my judgment, all the. facts individually in any business enterp1ise in the islands. connected with this matter being considered, there s6emed to be Mr. ALLISON. I will state that if the commissioners would a purpose on the part of the Secretary of War to keep the charges engage in anything of that sort it would certainly be a very made in this communication from the public, at least for the pres­ wise provision to insert; but I do not believe that they would. ent. They were made in April, 1901. They were investigated in I would as soon think of putting a proviso to an act appointing a August, 1901, by a captain in the Army, who reported that he be­ judge of a district court that he should not be engaged in con­ lieved the charges against the sergeant could be substantiated nection with any matter upon which he was called to make a and that Lieutenant Arnold had winked at these harsh and cruel decision. practices in the Philippines. Mr. BACON. That would not be a parallel case. Those, Mr. President, are the facts, and whether the distin­ Mr. ALLISON. Perhaps not. guished Senator from Iowa would under similar circumstances 1\lr. BACON. Because, under the law, he could not exercise have presented them to the Senate and to the country may be any function of his office in a case in which he was so interested. stating the distinction which that Senator and myself draw as to Mr. ALLISON. I would not object to such a proviso as the our duty not only to a proper discipline of the United States Army Senator from Georgia suggests except that it seems· to me it and the honor of the United States Army, but to our duty toward might be regarded as a reflection upon the commissioners. the defenseless people of the Philippines. Mr. LODGE. Certainly, I should not wish to put in a line that The PRESIDING OFFICER. The question is on the amend­ would reflect upon any member of that Commission. ment proposed by the Senator from Colorado [Mr. TELLER]. Mr. ALLISON. No. Mr. LODGE. Mr. President, I take the opportunity at this Mr. LODGE. I am bound to say that I think a man as to moment to make a verbal correction of a misprint in the bill. On whom such a proviso would be necessary would -probably be one page 57, line 20, before the word" possessions," I move to strike who would break it. · out" aforesaid." Mr. BACON. I suggest to the Senator that the committee The PRESIDING OFFICER. The question is on the amend­ seem to recognize that the members of this Conimission are hu­ ment proposed by the Senator from Massachusetts. man from the fact that there is a prohibition against- their ap­ The amendment was agreed to. pointing relatives to certain offices. There is a recognition of the Mr. PATTERSON. I desire to call the attention of the Sena­ possibility of fallibility on their part. · tor from Massachusetts to another verbal conection, which I Mr. LODGE. A prohibition in this bill? think is necessary. On page 3, line 19, the word" right" should Mr. BACON. I understood that there was in the bill a limita- be "w1·it;" so as to read'' the writ of habeas corpus." tion upon the appointment of clerks, or something of that sort. Mr. LODGE. That is true. I move that amendment. Mr. LODGE. Not in this bill. The PRESIDING OFFICER. The amendment proposed by Mr. SPOONER. That is as to United States judges. the Senator from Massachusetts will be stated. Mr. BACON. I beg pardon. The SECRETARY. On page 3, line 19, before the words" of ha­ Mr. BAILEY. And not always observed by them. beas corpus," it is proposed to strike out "right" and insert 1\fr. BACON. Somebody suggested that he thought something "Wlit; " so as to read: of the kind was in the bill. The Senator from Iowa having That the privilege of tbe writ of habeas corpus shall not be suspended, likened it to the case of a judge, I will say that there is a general except in cases of rebellion, insurrection, or invasion the public safety may statute which prohibits a judge of a United States court from ap­ require it. pointing relatives to certain offices. The amendment was agreed to. Mr. President, I again desire to rlpeat the disclaimer, in the · The PRESIDING OFFICER. The question recurs on the utmost sincerity, of any purpose in any manner to reflect upon amendment proposed by the Senator from Colorado [Mr. TEL­ any one of t!lese commissioners, or to suggest that any one of LER]. them would be engaged in any business, though I am frank to Mr. LODGE. Has the Senator from Colorado moved that say that I think the statement that it would be in itself such an amendment? impropriety that no such official would engage in business is go­ The PRESIDING OFFICER. The Senator from Colorado ing a little too far. moved the amendment yesterday. Mr. BAILEY. I desire to suggest to the chairman of the com­ · Mr. LODGE. I did not know that he had yet done so. mittee that it is not a whit more improbable that these commis­ The PRESIDING OFFICER. The Senator was absent from sioners might engage in business in the Philippine Islands than it the Chamber at the time. is that ambassadors of the United States should engage in busi­ 1\Ir. BACON. Mr. President, I should like to ask the Senator ness in the countries to which they are accredited; and that has from Massachusetts a question. occun-ed within a very recent time in the case of an ambassador Ml·. LODGE. I shall be glad to hear the Senator. to a neighboring country, who is not only engaged in business, :Mr. BACON. Of course I could not possibly have given this but is a director in a mining corporation chartered under the laws matter so much study as members of the committee have done, of the country to which he is accredited. I have "the official rec­ and so I venture to make an inquiry. I do not know whether the ord of the mining company, as recorded in the transaction with Senator's attention has been directed to this matter or not. These a citizen of Texas, and this ambassador of the Unit.ed States is commis ioners are clothed with very great power, and practically recited in that record to be one of the directors of that mining they are the government of the Philippine Islands. They have company. If an ambassador can engage in business, I see no rea­ the legislative power, the appointment of the judges, etc. The son why the Commissioners to the Philippine Islands might not. limitations upon their power are extremely small. They have the The PRESIDING OFFICER. The pending question is on the making of the regulations with reference to the disposition of amendment submitted by the Senator from Colorado [Mr. TEL­ lands, and so forth. LER]. The inquiry I wish to make of the honorable Senator is this: 1\Ir. LODGE. The Senator from Colorado wishes to insert :in Whether, conceding to these commissioners the utmost honesty the citizenship clause the word ''government'' before the words and integrity, which I do-l do not wish to be understood as re­ "Philippine Islands," which I think a very vital and funda­ flecting upon them in any manner whatever by the inquiry or mental change. I do not care at this stage to enter into the long suggesting the possibility of any improper conduct on their part­ controversy which I can foresee that would provoke, but I am but I wish to ask whether, in view of the large power, the abso- entirely opposed to it, and I hope it will not be adopted . . lute control, which these commissioners have of all the functions 1\Ir. TELLER. There are some other things in that ame~d ­ of government, legislative, executive, and practically judicial, in ment of mine which transform the original section as proposed the fact that they control the judiciary, there ought not to be a by the committee, and I think my amendment reads a little bet­ provision in this bill which would prohibit any commissioner from ter. If that is the only objection of the Senator from Massachu­ being engaged in any private enterprise or being a stockholder in setts, I might strike out the word'' government." any corporation engaged in any business enterprise in these islands? 1\Ir. LODGE. I will look at the amendment. I thought it was Mr. LODGE. My first impression is that that would be a very the same as that heretofore offered. I have not compared them reasonable proviso. word for word. Mr. BACON. I do not offer an amendment, but I make the Mr. TELLER. I think the phl'aseology is better in my amend­ inquiry in the utmost good faith. I hope th~ Senator, if on re- ment than the 01iginal text. I suggest to the Seaator that he let 6224 CONGRESS! ON AL RECORD-SEN ATE. JUNE 3, it pass for the present so that he can examine it. I shall be glad to RECESS. see it substituted for the language of the committee, even if the Mr. FORAKER. Mr. President, I rose a moment ago to move word " government" be stricken out, because I have provided that that the Senate take a recess. I was about to make that motion the Filipinos shall have the benefit of the bill of rights as declared because I was under the impression from the appearance of in the second section, which I think is rather an important thing. things here, that nobody had anything to say at this time; and as Mr. LODGE. I did not notice the other addition as to the priv­ under our agreement we can not transact any business until we ilege of the bill of rights. I take it that the act covers it. vote upon the pending bill, I thought we might take a recess for Mr. TELLER. I thought it might be more agreeable to the half an hour, but it is sugge3ted to me that the Senate should Filipinos to say that they should have the benefit of the bill of take a recess for an hour. So I move that the Senate take a recess rights. I think the Senator is right that the bill does confer that, until half past 2 o'clock. undoubtedly; but it is a mere declaration to them, and it seems The motion was agreed to; and the Senate (at 1 o'clock and 35 to me it might be useful. · minutes p.m.) took a recess nntil2 o'clock and 30 minutes p. m., ­ Mr. LODGE. The rest of the amendment is identical, barring at which time it reassembled. the word " government" before the word "Philippines," though it i differently arranged. PRESIDENTI.A.L A.PPROV .A.LS. Mr. TELLER. The same words are in it. The only addition A message from the President of the United States, by Mr. B. F. is the word "government" before the words " of the Philippine BARNES, one of his secretaries, announced that the President had Islands '' and the words at the end of the section. on the 2d instant approved and signed the following act and joint 1\.fr. LODGE. The word "government" seems to me a very resolution: essential one. • An act (S. 3208) to authorize the Commissioners of the District Mr. TELLER. I think it is. I think the language of the com­ of Columbia to refund certain license taxes; and mittee that those people are citizens of the Philippine Islands A joint resolution (S. R. 87) to permit steam railroads in the does not mean anything. I believe .it would be an improvement District of Columbia to occupy additional parts of streets in order on that if the word '' gove1-nment '' was inserted there. to accommodate the traveling public attending the encampment Mr. COCKRELL. To which one of his amendments does the of the Grand Army of the Republic in October, 1902. Senator from Colorado refer-the one of May 31, 1902? RENTAL OF BUILDINGS. Mr. LODGE. Yes; the one of May 31. The PRESIDENT pro tempore laid before the Senate a com­ Mr. TELLER. The one which is a substitute for section 5 of munication from the Secretary of the Interior transmitting, in· the bill. · response to a resolution of the 22d ultimo, certain information Mr. FORAKER. Mr. President, there is no Senator who seems c6ncerning the quarters rented by the Interior Department, giving, ready to proceed-- the location, area of floor space occupied, and the annual rental Mr. LODGE. If theSenatorwillallowmeonemomenttooffer thereof; which was referred to the Committee on Appropriations,: an amendment, I will then yield to him. I desire to offer an amend­ and ordered to be printed. ment in section 3, to'change somewhat the arrangement there, so as to define a little better the supreme court. .After the words :MIDIORIA.L ADDRESSES ON THE L.A.TE REPRESENTATIVE STOKES. "supreme court," in line 21, page 4, I move to insert the amend- Mr. TILLMAN. Mr. President, I desire to give notice that on m ent which I send to the desk. Saturday, the 14th of June, at 4 o'clock p.m., I shall submit The PRESIDING OFFICER. The amendment will be stated. resolutions commemorative of the life and character of Hon." The SECRETARY. On page 4, line 21, after the words" supreme WILLIAM J. STOKES, late a Representative from South Carolina, court," it is proposed to insert: and I shall ask the Senate at that time to suspend its business in Shall possess and exercise jurisdiction as heretofore provided and such order that fitting tribute may be paid to his memory. additional jurisdiction as shall hereafter be prescribed by the Commission, RECESS. subject to the power of the Commission to change the practice and method of procedure. Mr. KEAN. If no one desires to go on upon the Philippine The PRESIDING OFFICER. The question is on the amend- government bill, I suggest that we might take a further recess ment. until half past 3 o'clock. ' Mr. COCKRELL. No let the language be read as it will Mr. BACON. I think the Senator had better say 3. stand if amended. Mr. KEAN. Very well, I will make it 3 o'clock, then. Mr. LODGE. Then I propose to begin by inserting before the The PRESIDENT pro tempore. The Senator from New Jersey word" courts" the word" The," beginning a new sentence, and ~ ~ovesth the Senate take a recess nntil3 o'clock p.m. · I retain the same provision that is in the bill about the courts of The otion was agreed to; and (at 2 o'clock and 32 minutes first instance and the municipal courts. The p1.u-pose of the p.m.). he Senate took a recess until 3 o'clock p.m., at which amendment is to provide that the Commission shall not diminish our t reassembled. • the existing jurisdiction of th~ supreme court; and I. intend to CIVIL GOVERNMENT FOR THE PHILIPPINE ISLANDS. :propose another amendment 1:11 regard to the salanes of the e Senate as in Committee of the Whole resumed the co _· Judges, so as to protect them still further. . · f 'h bill (S ) ril ' 'd f n Th PRESIDING OFFICER The language as proposed to be 81~e~atio~ 0 t e : 22 95 ~e~pora Y to PI.:0 VI e or .t?-e ~d- d d will be e d · mm1stration of the affarrs of civil government m the Phil1ppme amen e r a · . . Islands, and for other purposes. The SECRETARY. As proposed to be amended the section Will Mr. CARMACK. Mr. President, I wish to read a short ex- read: tract from an article published in the Washington Star of May That the supreme court shall possess and exercise jurisdiction as hereto- 30 Th' · rt' 1 f th Sta ' d t · th fore provided and such additional jurisdiction as shall hereafter be pre- · IS IS an a lC e rom e r s own correspon en m e scribed bytheCommission.,subjecttothepowerofthe Commissiontochange Philippine Islands, and is dated at Guinan, Samar, P. I., March the practice and m ethod of procedure. The courts of first instance, etc. 15, 1902. The Star, as everybody knows, is a Republicalf"paper, Mr. COCKRELL. Then a period is inserted before the word an Administration paper. This correspondent gives the result of ''courts'' and a new sentence begins? his own observations in the Philippines, especially in the province Mr. LODGE. We start a new sentence with the word" The" of Samar. He says: ·before the word "courts." [Special correspondence of the Evening Star.) The PRESIDING OFFICER. Without objection, the amend- GUINAN, S.AMA.R, P. I ., Mm·ch 15, 1903. ment is agreed to. We have just received the good news of the capture of Lucbanhthe insur- 1\f • LODGE On page 5 line 4 after the word ''Senate," I gent leader on this rebellious island. He was captured on the ot er side of .J..' I· • · • ' t he island by native scouts. I understand a Filipmo sergeant is given all the move to insert: credit for this important capture. And shall r eceive the compensa.tion heretofore prescribed by the Commis- An American lieutenant was in charge of the party, and I have heard that, sion until otherwise provided by Congress. if he is intelligent enough, h e will be given a lieutenancy in the regular · h · f service. Mr. BAILEY. Mr. President, I recogmze t e propnety o put- This capture will give the native troops a boost, and probably increase ting the salary of these judges beyond the immediate power of their number and influence, but the officers who directly control thoro have the Philippine Commission. I think that is entirely proper; but very little confidence in their dusky warriors. Some of them have nerve and · · f th S te h t · backbone, but they are always ready to run in a pinch, unless there are will the chairman o f t h e committee In orm e ena w a IS American soldiers present to make them stand their ground. They are easy the present salary received by those judges? ' ro discipline when no danger is near, and the native noncommissioned officers Mr. LODGE. I understand the present salary-! am speaking are very strict with the privates. frommemory-is$7,000ayearastothejustices. Thechief justice NEW coURSE oF c.AMP.AIGNING. may perhaps have a little more. The authorities have decided on a new course of campaigning in this sec- FICER. The question is on the amend- tion of Samar. They have tried the rough tactics by destroying and killing The PRESIDING OF everything in sight, and now they are trying the kind and gentle tactics m ent submitted by the Senato.r from Massachusetts [Mr. LODGE]. and I believe the latter will prove the winner. No rifles or ammunition will The amendment was agreed to. .Mt·. ~&_!:f~l~e!I:.round loose to induce treachery, as the men always take their Mr. LODGE. I have no further amendments to offer, The rough tactics were necessary to avenge the Balangiga ma.ss:l.cre, and President. it was thought that they would soon give in, but aft...er the towns and houses 1902. CONGRESSIONAL RECORD- SENATE. 6225 in the country were all destroyed the ];)eople took to the mountains, where Mr. BEVERIDGE. Do I understand the Senator to say that they have been in hiding ever since last October, living principally on herbs and roots. he approves of the present policy? A native scout told me the other day that he ran across in the mountains Mr. DIETRICH. Mr. President- a young woman whom he formerly knew. He said she was in rags ap.dacted The PRESIDENT pro tempore. Does the Senator from Ten~ like a wild being. He said she was the daughter of the former pres1dente of the pueblo of Salcedro, which is or was 15 miles from here. It is now a mass nessee yield to the Senator from Nebraska? of' ruins. She was educated in a college at Manila, and was a very accom­ Mr. CARMACK. Yes, sir; for a question. plished young woman. Mr. DIETRICH. I should like to read a few words from the PACIFICATION BY KINDNESS. testimony of one of the American soldiers who was a survivor of Major Hickey, with two troops of the Eleventh Cavah-y, i.~ now at Salcedro the Balangiga massacre, giving a description of what the natives with instructions to try and pacify the natives by kindness. He has sent did in that massacre. notices out to the natives to come in and build up their town again, offering them protection and rations until they are able to provide for themselves. Mr. CARMACK. The Senator can do that in his own time. I The people guickly availed themselves of the offer, and there are now a can not permit him to do it in my time. hundred families busily erecting houses over the ruins. Salcedro was a The PRESIDENT pro tempore. The Senator from Tennessee beautiful town, I am told, before its destruction, and it is hoped that the white dove of peace will rest long enough in that section to see it built up declines to yield. again. Mr. CARMACK. Mr. President, so far as the Balangiga mas­ The Eleventh Cavah-y was being recruited and drilled at Fort Myer, Va .~ sacre is concerned, it is mentioned in here as an excuse for this while this company was at·Washington Barracks. It is odd that they shoula follow us up so close and that they should again be our military neighbors. outrage. I have dwelt on that heretofore. It was an atrocious A river divides us here, but it is not so peaceful or as dirty as the Potomac. massacre, but it occUTI"ed simply in one town and it was an act There are several officers visiting the post this week, and the prominent of vengeance on the part of the people who had been persecuted natives are doing their utmost to entertain them. Several trips to nearby places of interest have been made, and to-day a pedestrian trip was made to by the officers there in command-persecuted in the most out­ a small town about 3 miles distant. rageous manner-and they took vengeance upon the American soldiers in a most at1·ocious manner. That was absolutely no ex­ Speaking further of the conditions in Samar, ~e says: cuse whatever for this order of General Smith to make the whole This island of Samar, which has been so tm·bulent during the past year, of Samar a howling wilderness and to kill everybody in the island bids fair at present writing to be within the next six months a peaceful isle. We can not expect it to be peaceful for more than a year at a time, as the capable of bearing arms, whether they were bearing arms or not, blood is always warm down here in the Tropics and the native always has it from 10 years of age up. in his mind that there is a chance for an insurrection. Mr. President, the Senator fTom Wisconsin [Mr. SPOO!fER] The American soldier will never amalgamate with these people. They fear him, but they will never like him. The soldiers, as a rule, treat them criticised me the other day because I said in debate that the con­ with contempt and ridicule all their customs. He compares them with ours trolling puruose in the policy of this Government in seizing and and does not pause to think that these people know no better and· have seen holding the Philippine Islands was a selfish purpose, that it was no other to imitate. He knows also that his stay on these islands is limited, and as a rule they a commercial purpose, and that the idea of benefiting the people say that no amount of money would temJ?t them to remain afte:r their term of the Philippine Islands had little or no part in deciding the of service expires. A few of them are takmg their discharge here for various question whether or not we should seize the Philippine Islands . .reasons. Some will be school teachers, others will go into the hemp busi­ ness, while many elect to be discharged here, thinking possibly that Congress I have referred to the telegram sent from the Navy Department will pass a law this session restoring the old travel pay on land and sea. to AdmiJ.·al· Dewey asking him about the islands purely from a They will pay their way back to America, and if the bill becomes a law will naval and commercial point of view-which was the best island then present their claims. for us to take-showing that the original purpose was to take the Here is a statement of this correspondent of a stanch Repub­ very best island that could be found and to leave all the others to lican newspaper here in Washington, a supporter of the Adminis­ the bloody rule and vengeance of Spain, and the only question tration, which bears out the charge which has been made that the asked him with respect to these islands had reference to the value order issued by General Smith has been practically acted upon; of the islands from a strategic and from a commercial point of that Samar has been made a howling wilderness, and that the view. rough tactics, as he describes it, employed in that province of One of the President's peace commissioners, the distinguished Samar, which was that of destroying and killing everything in gentleman_who presides over this body [Mr. FRYE], made a speech sight, burning the houses, and destroying the means of livelihood shortly after his return in which he dwelt at length upon the vast of those people until they were driven into the mountains, where benefit that the Philippine Islands would be to us in extending they were compelled tQ live on herbs and roots. An illustration our commerce in the Orient. That seemed to be the ruling and is given of a case of an accomplished and educated young woman, controlling argument. the daughter of a native presidente, who was in rags and starv­ One of the members of the Presidents first Commission, Mr. ing, who had become almo t a wild woman through the suffer­ Denby, in an article in a magazine setting forth reasons why we ings she had been compelled to endm·e. should hold the islands, said that the only question was whether The con-espondent notes further in this article that the policy they would benefit us as a nation. '' If it will not, turn them of kindness now being adopted has been much more effective in loose and let them cut each other's throats." That was his ex­ pacifying the people than the policy J)f killing and destroying pression; and he said if we did not seize the Philippin~ Islands, everything in sight; that the people have responded to the policy then we ought to go over and by force and violence take part of kindness, and that this policy has been effective, showing that of China. I am very glad that that gentleman has seen another there never wan any necessity for adopting any such practices as and a better light. That shows the purpose and the spirit which those laid down in General Smith's order of making the island a controlled at that time. It was purely a commercial considera­ howling wilderness and destroying all the people. tion, without any regard whatever to the welfare of the people J\Ir. BEVERIDGE. Mr. President- of the Philippine Islands. Tha PRESIDENT pro tempore. Does the Senator from Ten- The Senator from Arkansas [Mr. BERRY] has referred to an nessee yield? expression of J\Ir. Gage, former Secretary of the Treasury, when Mr. CARMACK. Yes; for a brief interruption. he said it was a question of 5 per cent and philanthropy also. Mr. BEVER{DGE. For a question, Mr. President. Mr. President, there may be mixed motives, of course, in every Mr. CARMACK. I yield for a question. transaction, but I do not believe that the motives were ever mixed Mr. BEVERIDGE. Do I understand the Senator approves of in the same bosom. I do not believe that any one man ever did the policy of kindness? any one act from a noble motive and from a base motive at the Mr. CARMACK. Do I approve of the policy of kindness? same time. I do not believe that two such motives ever cooper­ Mr. BEVERIDGE. Yes. ated to influence any one man; and I say that the ruling, con­ Mr. CARMACK. Why, Mr. President, that is a strange ques­ trolling motive which caused us to seize the Philippine Islands tion to put to me. I always approve of kindness. Does the Sen­ was the motive of greed and selfishness. ator not approve of the policy of kindness? · The present Secretary of the Treasury in a recent speech de­ Mr. BEVERIDGE. Yes. Then, Mr. President, I understand clared that selfishness had a great deal to do with our policy in the Senator to say now that that policy exists there at the present taking the Philippines. · time from what he has read. Mr. President, I wish to read briefly what another distinguished Mr. CARMACK. Yes; after everybody has been driven out man, who was a great leader in the Republican party in his time, of the country and the country has been burned up, according to who was a member of President McKinley's Cabinet-his Secre­ the statement of this correspondent of this Republican news­ tary of State-who had some opinions of his own with respect to paper, they have changed theiJ.· iactics, having admitted that the this question, and who had opinions, I believe, based on knowl­ policy of destroying everybody and burning up the whole coun­ edge as to what was the controlling motive that drove this Gov­ try has been a failure, and since that time they have adopted a ernment into such a policy, says upon this subject. policy of kindness, which has been much more effective. Mr. BLACKBURN. Who is it fTom? J\Ir. BEVERIDGE. Mr. President, then I understand the Sen- Mr. CARMACK. It is from John Sherman. ator-- · The PRESIDENT pro tempore rapped with his gavel. Mr. CARMACK. I will yield to the Senator for just one more Mr. CARMACK. I ask that the letter may be printed in the question. RECORD. XXXV-390 6226 CONGRESSIONAL RECORD-SENATE. J UNE 3,

The PRESIDENT pro tempore. Is there objection? The Chair there for a number of years, and I ascertained that there was not hears none, and the letter will be printed in the RECORD. a single man of any prominence who took part in the Malolos con­ The letter referred to is as follows: gress or convention who was not a member of what is known as WASHINGTON, D. C., No1.·embe1· 8 1899. the Katipunan Society. W. A. CROFFUT, Esq. I simply make this statement so that-those who wish may draw DEAR Srn: I have received your invitation to attend a public meeting to a comparison between those men and the men who were elected be held in opposition to the measures recently taken by this Government against the PhiliJ?pines and would heartily do so if my health would pe1·mit. and selected, and who gathered at Philadelphia and ~dopted the From the be~inmng I t~ the President has fallen mto an error in assum­ Declaration of Independence and let them judge whether or not ing that the Yhilippines had given cause to our Government to commence the people of the Philippine Islands were as well represented at war for the acqrusition of far distant territory. There has not been on the part of the islands a single act that would justify war, and the only pretext Malolos as were the people of the thirteen States of the United for war on our -part is the opportunity to acquire territory from a feeble States in the convention which adopted the D~claration of Inde­ country in a regiOn far removed from ours. The United States has from the pendence. close of the Revolution gradually expanded its liinit.s but each new Terri- . tory except Alaska bas been in due time admitted as a State in the Union. :M:r. PATTERSON. :Mr. Pl·esident, I was not at all surprised If we engage in war with the Philippines it will not b a for any act of theirs, when witnesses before the Committee on the Philippines made hut a mere pretense to rob a friendlr power of its possessions. I do not hesi­ statements calculated to impeach both the honor and the human­ tate to say that an attack upon a friendly power such as the Philippines are would be an act of oppression without good reawn or excuse, and it is ity of the late Filipino general who is now and has been for a long especially indefensible If made by the United States. Our country has ex­ time a prisoner of the United States, notwithstanding it is said panded by honorable n.nd peaceful negotiation. Its accession of territory that shortly after his capture he took the oath of allegiance to the has been by purchase and not by war. It now holds in union the greater and better part of a continent. We ought to be content with this and leave United States. But I am frank to say that I am very much as­ all far distant countries independent of our p:>wer but made friendly to us tonished, indeed, that a Senator who has refused, whenever the by neaotiation. question was before the committee, to vote to permit Aguinaldo Very truly yours, JOHN SHERMAN. to come here to tell his own story to speak for his own people, ::M:r. CULBERSON. ::M:1·. President, earlier in the s9ssion of the to speak for his own country, and to defend himself from asper­ . Senate to-day, for reasons which were obvious at the time, I made sions cast upon him, whether true or false should repeat the of­ no answer to an inquiry addressed to me by the Senator from In­ fense committed by gentlemen in the Army and out of the Army diana [Mr. BEVERIDGE] .. Since then I have secured the steno­ when they were before the committee for the purpose of giving graphic copy of that inquh·y as it will appear in the RECORD, and testimony. I desire to read it: Mr. DIETRICH. When the matter first came before the com­ Mr. BEVERIDGE. I de ire to a.sk the Senator the frank qtiestion whether mittee I stated that I was opposed to bringing those prisoners or not, directly or indirectly these two papera were received by the Senator here but that I was favorable to taking their te timony there. from General Miles? [A pause.] That is all. 1\{r. BEVERIDGE. I wish the Senator from Colorado had not If that inquiry addressed to me, Mr. President shall remain in taken his seat, becau e I should like to ask him a question. It is the RECORD unanswered upon reflection it occurs to me that an whether he questions the truthfulness of the statement of the injustice may be done, and I therefore desire to say that those two Senator from Nebraska. If the truthfulness of the statement of copies, a copy of the charges made by Private Weir and a copy of the Senator from N ebra ka is questioned, then, of course, there the report made by Captain West, were received by me from a would be some pertinency in the suggestion that it should not be gentleman absolutely and wholly disconnected with the Anny or made without Aguinaldo being here, but if its tru~hfulne s is the War Department, and were given to me without any sugges­ admitted, then I submit there is no point to the objection of the tion on my part. They did not, of course come to me dh·ectly, Senator from Colorado to the statement, the very pertinent state­ and, so far as I know, not indirectly, from General Miles. ment, very properly made by the Senator from Nebraska. ::M:r. CARMACK. :Mr. President, I should like to read an ex­ Before the committee General MacArthur also testified that tract from Secretary Shaw s speech, to which I refen-ed a while Aguinaldo had told him that in case he had succeeded the whole ago and which I did not then have in my possession, and have it islands would have been riven and torn by civil war. The truth­ go into the R ECORD. Speaking of the result of our war with fulness of that was not questioned. Before the truthfulness of Spain be said: the statement of the Senator from Nebraska is questioned it is Why did we not do this one hundred years before? The corpuscles of hardly prope1· fo~ the Senator from Colorado to say that Agui­ American blood were always red and the Anglo-Saxons and their Teutonic kinfolk were always humane. Om· altruism had been appealed to again and ·naldo himself should be called. We 2.re familiar with the policy again, but it bad been appe:.tled to in yain. Disguise it as we will, deny it as of the opposition which puts Aguinaldo or anybody else in rebel­ we may, the element of self-interest was a factor in the equation in 1898. We lion against the American Government upon an equality, not only were masters of oru·own markets and were reaching out for new ones. · Yes commercialism, if you pleas , bad touched us; and so it was that our s .lf- . with an American Senator, but with George Washington himself. interest, as well as our unselfishness, was appealed to. Then we gave notice But until the truthfulness of the statement given is questioned, to the world that we proposed to police the street on which we lived, and we it is not per~ent to say that it is not proper to give it unles challenged him who doubted om· right to step into the open. Aguinaldo is here. :M:r. DIETRICH. Mr. President, I simply wish to make a state­ Mr. P ATTERSON. :How do I know whether what any gentle­ ment as to what occurred and what was said in an interview I man says is true or is not true? had with Aguinaldo about one year ago. I asked Aguinaldo the Mr. BEVERIDGE. Do you accept the truthfulness of the question if, at the Malolos convention~ there were any representa­ statement of the Senator from Nebraska? tives selected by the people from any of the southern islands or ".Mr. PATTERSON. If the Senator from Indiana would just from any of the provinces of the island of Luzon other than where contain himself long enough for a Senator to make a two-min­ the Tagalogs lived. I refer to the :Malolos convention or congress ute reply to the numerous questions he propounds-- which adopted the so-called constitution. And he said there were Mr-. BEVERIDGE. The Senator fTom Coloradohasnevercon­ not. fined himself to a two-minute, hardly to a two-day reply. I ask Mr. PATTERSON. Mr. President-- the Senator the question whether be accepts the truthfulness of The PRESIDENT pro tempore. Does the Senator from Ne­ the statement made by the Senator from Nebraska? . braska vield to the Senator from Colorado? :M:r. CARMACK. ::M:r. President. I ri e to a que tion of orde~:. Mr. DIETRICH. I do. The PRESIDENT pro tempore. The Senator from Tennes ee Mr. PATTERSON. I desire merely to a k the Senator from will state his point of order. Nebraska whether, in view of the fact that he is a member of the Mr. CARMACK. The point of order is that when a Senator Committee on the Philippines and has unfalteringly opposed the wishes to inten-unt another Senator, he should address the ChaiT. calling of Aguinaldo as a witness, be feels justified, with that The PRESIDENT pro tempore. The Chair sustains the point gentleman 8,000 mil ~s away, to repeat a private conversation or of order. any conversation between himself and Aguinaldo touching the Mr. BEVERIDGE. Mr. President, will the Senator from Colo­ matter that are in dispute here? rado permit me a question? l\Ir. DIETRICH.· Would tbatinanywayinterferewithorpre­ The PRESIDENT pro tempore. Does the Senator from Colo­ vent my stating the absolute facts and the truth as to what did rado yield to the Senator from Indiana? occur? Mr. PATTERSON. I do. ::M:r. PATTERSON. It seems to me that if a convm·sation Mr. BEVERIDGE. I wish to ask the Senator whether he ad­ which occurred between Aguinaldo and the Senator from Ne­ mits the truthfulness of the statement of the Senator from Ne­ braska bears any reference to matters in which Aguinaldo bas bra ka? heretofore taken and doubtless now takes an absorbing interest, Mr. PATTERSON. I will ask the Senator from Indiana an

The PRESIDENT pro tempore. The question is on agreeing Jones, Nev. McLaurin, Miss. Platt; Conn. Spooner, to the amendment proposed by the Senator from Pennsylvania. Kean, McLaurin, S. C. Platt, N. Y . Stewart, Kearns, McMillan, Pritchard, Taliaferro, Mr. QUAY. On that I ask for the yeas and nays. Kittredge, Mallory, · Proctor, Teller, The yeas and nays were ordered. Lodge, Millard, Quarles, Vest. Mr. HOAR. Let the amendment be read again. McComas, Money, Scott, Warren. McCumber , Patterson, Simmons, Wellington, The Secretary again read the amendment. McEnery, Per~, Simon Wetmore. Mr. NELSON. I move to amend the amendment by inserting NOT VOTING-13. after the word" imports" the words" the products of the Phil­ .Aldrich, Hale, Mason, Turner. ippine Islands." Daniel, Hansbrough, Penrose, :Mr. QUAY. How will that make the amendment read? Depew, Hoar, Pettus, The PRESIDENT pro tempore. The proviso will be read as Dryden, Jones, Ark. Rawlins, p1·oposed to be amended. So Mr. QUAY's amendment was rejected. The SECRETARY. After " imports " insert the words "the Mr. TELLER. Mr. President,I have offered an amendment as products of the Philippine Islands;" so as to read: a substitute for section 5 of the bill, but on the appeal of the Provided, That the duties imposed and collected upon imports, the prod­ chairman of the committee that all amendments be voted down ucts of the Philippine Islands, from the Philippine Islands shall in no case I desire to withdraw that amendment and to say that certain exceed 50 per cent, etc. amendments of which I have given notice I shall not offer. Mr. QUAY. I accept the amendment to the amendment. Mr. HOAR. May I inquire of the Senator if he does not pro­ The PRESIDENT pro tempore. The amendment to the amend­ pose to offer the amendment declaring the intention of the Gov­ ment is accepted, the Chair understands. The roll will be called ernment of the United States toward the inhabitants of the Phil-. on agreeing to the amendment. ippine Islands? Mr. CULLOM. We are to vote on the main amendment? Mr. TEL LER. That is not the amendment to which I was The PRESIDENT pro tempore. On the main amendment. referring. The amendment to which I was refeiTing was one The Secretary wil) call the roll. making a change in the phraseology of section 5. It is not, how­ The Secretary proceeded to call the roll. ever, very material one way or the other. Mr. MARTIN (when Mr. DANIEL's name was called) . I desire Mr. HOAR. I hope the Senator will offer the other amendment to announce the pair of the senior Senator 1 ..·om Virginia [Mr. to which I have referred. DANIEL] with the senior Senator from North Dakota [Mr. HANs­ Mr. PATTERSON. I offer the amendment which I send to the BROUGH] . On this and all other votes upon the bill the Senator desk to add to the bill a provision of the·bill of 1ights. from Vil·ginia [Mr. DANIEL]. is paired with the senior Senator The PRESIDENT pro tempore. The amendment will be stated. from North Dakota [Mr. HANSBROUGH]. The SECRETARY. In section 2, on page 4, after line 20, it is pro­ Mr. KEAN (when Mr. DRYDEN'S name was called). My col­ posed to insert: league [Mr. DRYDEN] is necessarily absent. He is paired, on this The ti·ia.l of all crimes except in cases of impeachment shall be by jury; vote and on the bill, with the junior Senator from Alabama [Mr. and such trial shall be held in the province where the said crime shall have PETTUS] . If my colleague were present, he would vote'' nay.'' been committed. Mr. HALE (when his name was called) . I have a general 1\fr. P ATTERSON. I ask for the yeas and nays on the amend­ pair with the Senator from Arkansas [Mr. JONES] . Otherwise, I ment. should vote ''nay'' on this amendment. The yeas and nays were ordered, and the Sefretary proceeded Mr. HANNA (when his name was called). I have a general to call the roll. pair with the senior Senator from Utah [Mr. RAWLINS], who is Mr. BERRY (when the name of Mr. JONES of Arkansas was absent. My pair has been transferred to the senior Senator from called). My colleague [Mr. JoNEs of Arkansas] is paired with Rhode Island [Mr. ALDRICH], and therefore I am at liberty to the Senator from Maine [Mr. HALE]. If my colleague were vote. I will vote on this and on all amendments to the bill. I pre ent, he would vote '' yea '' on this amendment. vote'' nay.'' The roll call was concluded. Mr. McENERY (when his name was called) . I have a general Mr. WETMORE. I desire to announce once for all, that my pail· with the junior Senator from New York [Mr. DEPEW], but a colleague, the senior Senator from Rhode Island [Mr. ALDRICH], transfer has been arranged so that the junior Senator from New is paired on this amendment, on all other amendments, and on York is paired with the Senator from Washington [Mr. TuRNER]. the bill with the senior Senator from Utah [Mr. RA.WLINS]. My As I have the privilege of voting, I vote" nay." colleague, if present, would on the passage of the bill vote Mr. MASON. Mr. President, I have no pail·, but I withhold ''yea.'' my vote upon this and upon all questions of substitutes and amend­ The result was announced-yeas 28, nays 47; as follows: ments, retaining simply the determination I hav;e to vote " nay ' YEAS-28. on the passage of the bill. Bacon, Clay, Heitfeld, Patterson, Mr. HOAR (when Mr. PETTUS's name was called) . I have a Bailey, Cockrell, Hoar Simmons, Bate, Culberson, McE:ri.ery, Talia.fm~·o, general pail· with the Senator from Alabama [Mr. P ETTus], who Berry Dubois, McLaurin, Miss. Teller, is absent, but he desired me, in regard to the amendments which Blackburn, Fo ter, La. Mallory, Tillman, have been anticipated, to vote as I should see fit. I think there Carmar.k, Gibson, Martin Vest, is an arrangement for pairing him with another Senator on the Clark, Mont. Harris, Money,' Wellington. final passage of the bill; but in regard to this particular question, NAYS-47. Allison, Dolliver, KittJ.·edge, Platt, Conn. which is not connected with the general merits and comes very Bard, Elkins Lodge, Platt,N. Y. suddenly, I prefer to let my pair stand and not to vote. Beveridge, Fairba~, McCOmas, Pritchard, Mr. LODGE. The pair of the ·Senator from Alabama [Mr. Bw·nham, Foraker, McCumber, Proctor, Burrows, Foster, Wash. McLaw·in, S. C. Quarles, PETTUS] with the Senator from New Jersey [Mr. DRYDEN] has Burton, Frye, McMillan, Quay, already been announced. Clapp, Gallinger, Millard, Simon, Mr. WARREN (when his name was called). I have a general Clark, Wyo. Gamble, Mitchell, Spooner, Cullom, Hanna, Morgan, Stewart, pail' with the senior Senator from Washington [Mr. TUR.t"'ffiR] . I Deboe, Hawley, Nelson, Warren, understand that a!'l'angements have been made pairing that Sena­ Dieti·ich, Kea.n, Pem·ose, Wetmore. tor with tbe junior Senator from New York [Mr. DEPEW] . If I Dillingham, Kearns, Perkins, am correct in that I wish the pair to stand upon all the votes this NOT VOTING-13. afternoon, and I will not announce it again. I vote "nay." Aldrich, Hale, Mason, Turner. Daniel, Hansbrough, Pettus, The roll call was concluded. Depew, Jones, Ark. Rawlins, Mr. CLAPP (after having voted in the negative). Under­ Dryden, Jones, Nev. Scott, standing after I voted that the amendment of the Senator from So Mr. PATTERSON'S amendment was rejected. Min__Tlesota [Mr. NELSON] was assented to, I desire to vote" yea." :Mr. TELLER. I send to the desk an amendment, which I de­ The result was announced-yeas 19, nays 56, as follows: sire to offer, and I ask that it be read. YEAS-19. The P RESIDENT pro tempore. The amendment will be read. Bacon, Clapp, Gallinger, Morgan, The SECRETARY, It is proposed to insert the following as a Bailey, Gibson, Nelson, new section: . Bate, ~Irell, Heitfeld, ~uay, Berry, Dubois, Martin, illman. SEc. - . It is not the intention of the Government of the United States Blackburn, Foraker, 1\litchell, to harass or oppress the inhabitants of the Philippine Island , or to deprive them of their liberty, but, on the contrary, to assist them to establish a gov­ NAYS-56. ernment of their own that shall secure to them all privileges, advantages, Allison, Carmack, Dietrich, Foster, Y\'nsh. and blessings enjoyed by a free people, and ultimate independence unde1· Bard, Clark, Mont. Dillingham, Frye, the protection of the United States against foreign ~owers and domestic vio­ Beveridg-e, Clark, Wyo. Dolliver, Gamble, lence. And to secure these ends as speedily as possible, the Government of Burnham, Culberson, Elkins, Hanna, the United States invites and urges the people of said islands to aid the Burrows, Cullom, Fairbanks, Harris, United States au thorities now exercising power in the islands to secw·e peace B w·ton, D eboe, F oster , L a. H awley, and order. •

1902. CONGRESSION4L ~~CORD-~ENAT~. 6229

Mr. TELLER. I ask for the yeas and nays on the amendment. The PRESIDENT pro tempore. The vote will be taken on the The yeas and nays were ordered, and the Secretary proceeded first propositjon, which will be read to the Senate. to call the roll. The Secretary read as follows: :1\Ir. BERRY (when the name of Mr. JoNES of Arkansas was That the United States regard with extreme disfavor any movement hav­ called). My colleague (Mr. JONES of Arkansas), if present, would ing for its object the early or ultimate admission of the Philippine Islands as a State or States of the Union; and a.ny action on the part of persons holding vote ''yea '' on this amendment. office under the authority of the United States that gives sanction or encour­ The roll call having been concluded, the result was announced­ agement to such movement is hereby condemned. yeas 30, nays 47; as follows: The PRESIDENT pro tempore. The question is on agreeing to YEAS-30. so much of the amendment as has been read; on which the yeas Bacon, Cockrell, Hoar, Simmons, and nays have been ordered. The Secretary will call the roll. Bailey, Culberson, Jones, Nev. Taliaferro, Bate, Dubois, McEnery, Teller, The yeas and nays being taken, resulted-yeas 28, nays 46; as Be1Ty, Foster, La. McLaurm, Miss. Tillman, follows: · Blackburn, Gibson, Mallory, Vest, YEA8-28. Carmack Hale, Martin, Wellington. Bacon, Clay, Harris, Patterson, Clark, Mont. Harris, Money, Bailey, Cockrell, Heitfeld, Simmons, Clay, Heitfeld, Patterson, Bate, Culberson, McEnery, Taliaferro, NAYS-47. Berry, Dubois, McLaurin, Miss. Teller, Blackburn, Foster, La. Mallory, Tillman, Allison, Dolliver, Kittredge, Platt, Conn. Carmack, Gibson, Martin, Vest, Bard, Elkins, Lodge, Platt, N.Y. Clark, Mont. Hale, Money, Beveridge, Fairbanks, McComas, Pritchard, Wellington. Burnham, Foraker, McCumber, Proctor, NAYS-46. Burrows, Foster, Wash. McLaurin, S. C. Quarles, Allison, Dolliver, Kittredge, Platt, N.Y. Burton, Frye, McMillan, Quay Bard, Elkins. Lodge, Pritchard, Clapp, Gallinger, Millard, ~:Hmon. Beveridge, Fairbanks, McComas, Proctor, Clark, Wyo. Gamble, Mitchell, Spooner, Burnham, Foraker, McCumber, Quarles, Cullom, Hanna, Morgan, Stewart, Burrows, Foster, Wash. McLaurin, S. C. Scott, Deboe, Hawley, Nelson, Warren, Burton, Frye, · McMillan, Simon, Dietrich, Kean, Penrose, Wetmol'-.). Clapp, Gallinger, Millard Spooner, Dillingham, Kearns, Perkins, Clark, Wyo. Gamble, Mitcheil, Stewart, • NOT VOTING-11. Cullom, H~a, Morgan, Warren, Deboe, Hoar, Nelson, etmore. Aldrich, Dryden, Mason, Scott, Dietrich, Kean, P enrose, Daniel, Hansbrough, Pettus, Turner. Dillingham, Kearns, Depew, Jones, Ark. Rawlins, Perkins, So Mr. TELLER's amendment was rejected. NOT VOTING-H. Aldrich, Hansbrough, Mason, Rawlins, Mr. CARMACK. I offer the amendment which I send to the Daniel, Hawley, Pettus, Turner. desk. Depew, Jones, Ark. Platt, Conn. The PRESIDENT pro tempore. The amendment will Pe stated. Dryden, Jones, Nev. Quay, The SECRETARY. On page 48, at the end of section 76, it is pre­ So the first branch of Mr. CARMACK's amendment was rejected. posed to insert: The PRESIDENT pro tempore. Does the Senator demand a Provided, That it shall be unlawful for any corporation organized under double division-a division on the other two clauses of the amend­ this act, or for any person, company, or corporation receiving any grant, ment? franchise, or concession from the government of the Philippine Islands, to hold persons in slavery or involuntary servitude, or to use, employ, or con­ Mr. CARMACK. No! sir; I will not demand. a division, nor tract for the labor of persons so held in slavery or involuntary servitude; will I ask for the yeas and nays. and any person, company, or corporation so violating the provisions of this Mr. HOAR. I understand the yeas and nays have been ordered. act shall forfeit all charters, grants, franchises, an.d concessions for doing business in the said Philippine Islands, and in addition shall be deemed guilty The PRESIDENT pro tempore. The Chair is of the opinion of an offense, and shall be punished by a fine of not less than $10,000. that they have been ordered on the entire amendment. They The PRESIDENT pro tempore. The question is on the amend­ will be taken, however, on the last two clauses together. ment. (Putting the question.] The noes seem to have it. Mr. CARMACK. Have I a right to withdraw the demand for 1\fr. PATTERSON. I call for the yeas and nays on the amend­ the yeas and nays? ment. The PRESIDENT pro tempore. The Chair thinks not, with­ Mr. CARMACK. Mr. President, if I maybe permitted, I wish out unanimous consent. tosay-- Mr. CARMACK. I ask unanimous consent to withdraw the Mr. GALLINGER. Debate js not in order. call for the yeas and nays. Mr. CARMACK. I only wish to say that I am informed that Mr. HOAR. I object. practically that amendment has already been incorporated in the The PRESIDENT pro tempore. The Senator from Tennesseo bill. asks unanimous consent that order for the yeas and nays on tho Mr. LODGE. It has been. last two clauses be rescinded. Mr. CARMACK. That was not the amendment that I jntended Mr. HOAR. I object. to offer. The PRESIDENT pro tempore. Objection being made, the The PRESIDENT pro tempore. Does the Senator withdraw Secretary will call the roll on the question of agreeing to the last the amendment? two clauses of the amendment. Mr. CARMACK. I withdTa.w it. The yeas and nays being taken, resulted-yeas 23, nays 49; as The PRESIDENT pro tempore. The amendment is withdrawn. follows: Mr. CARMACK. I offer the amendment which I send to the YEA8-2i3. desk. Bacon, Clark, Mont. Hoar, Simmons, Bailey, Cockrell, McEnerr, Teller, The PRESIDENT pro tempore. The Senator from Tennessee Bate, Dubois, McLaurm, Miss. Tillman, offers an amendment which will be stated. Berry, Foster, La. Mallory, Vest~ The SECRETARY. It is proposed to insert the following: Blackburn, Gibson, Martin, Wellington. That the United States regard with extreme disfavor any movement hav­ Carmack, Heitfeld, Patterson, ing for its object the early or ultimate admission of the Philippine Islands as NAYS-49. :\State or States of t)le Union; and any action on the part of persons holding Allison, Dolliver, Lodge, Pritchard, office under the authority of the Umted States that gives sanction or en­ Bard, couragement to such movement is hereby condemned. Elkins, McComas, Proctor, Beveridge, Fairbanks, McCumber, uarles, That to confer the rights and privileges of citizens upon the inhabitants Burnham, Foraker, McLaurin, S. C. uay, of the Philippine Islands would tend to destroy the integrity of the citizen­ Burrows, Foster, Wash. McMillan, cott, ::Jhip and to degrade the character of the Government of the United States. Burton, Frye, Millard, Simon,~ 'l'hat to mainta.in the relation of sovereign and subject between the Gov­ Clapp. Gallinger, Mitchell, Spooner, r;rnment of the United States and a people under its dominion would be re­ Clark: Wyo. Gamble, Morgan, Stewart, pugnant to the principles of the Constitution. ClaY, Hanna, Nelson, Warren, Mr. CARMACK. On agreeing to the amendment, I ask for Cullom, Hawley, Penrose, Wetmore. .Deboe, Kean, Perkins, the ayes and nays. Dietrich, Kearns, Platt, Conn. The ayes and nays were ordered. Dillingham, Kittredge, Platt, N.Y. Mr. HOAR. Let the amendment be again read. NOT VOTING-16. The Secretary again read the amendment. Aldrich, Dryden, Jones, Ark. Pettus, Mr. COCKRELL. I ask for a division. There are three prop­ Culberson, Hale, Jones, Nev. Rawlins, ositions embraced in the amendment. Daniel, Hansbrough, Mason, Taliaferro, The PRESIDENT pro tempore. Where does the Senator from Depew, Harris, Money, Turner. Missouri demand the division? So the last two clauses of Mr. CARMACK's amendment were re­ Mr. COCKRELL. On the first six lines. jected. The PRESIDENT pro tempore. It is clearly divisible. Mr. CULBERSON. In the absence of the Senator from Utah Mr. GALLINGER. Let the first proposition be read. [Mr. RAWLINS], I desire to offer, on the part of the minority of •

6230 CONGRESSIONA;L RECORD-SENATE. J UNE 3,

the Committee on the Philippines, an amendment in the nature property thereof, such lands and waters as the President of the United Sta~es shall designa.~ to the Philip~ine gov~rnment~ and s~all be ~~reed to of a substitute to the pending bill. It is the amendment which by It, for naval, military, and coaling stations ana termmal facilities for was submitted yesterday by request and printed, and is on the submarine cables, the same to continue under the control and sovereignty table. It was put on the desks of Senators this morning. It is of the United States. Second. To carry into effect the treaty obligations of the United States agreed to by the minmity members of the Committee on the P hil­ with the Kingdom of Spain and for the maintenance and protection of all ippines and the minority members of the House Committee on rights and property acquired under the authority of the United States. Insular Affairs. Before formally offe1ing it I desire to perfect it Third. That no inhabitant of said archipelago shall ever be molested in person or property on account of his or her adherence to the United States. by suggesting several verbal amendments. · SEC. 5. That when the election herein provided for shall have taken place The PRESIDENT pro tempore. The Senator from Texas, on and the congress thereby elected shall have convened, in compliance with behalf of the minority members of the Committee on the P hilip­ the :provisions of the act, the said United States Philippine Commission shall certify the fact to the President of the United States whereupon it shall be pines, offers an amendment as a substitute for the pending bill. the duty of the President to issue his proclamation declaring the independ­ The Senator has a right to perfect it himself. ence nf the people of said archipelago and that they constitute an independ­ Mr. CUL BERSON. I have prepared the substitute as amended. ent state and nation: subject, however, to the control and regulation by the United States of their intercourse with foreign nations during the period of I can send it to the desk and have it read or I can state the changes. the existence of the temporary government herein provided for. The PRESIDENT pro tempore. The Senator can send the sub­ SEc . 6. That immediately after the President sha.ll have proclaimed that stitute to t he desk and it will be read as amended. all organized armed resistance to the United States has ceased in said archi­ pelago, he is requested to proclaim full amnesty to all inhabitants thereof for Mr. CULBERSON. Very well. and on account of p olitical offenses and the bearing of arms against the The PRESIDENT pro tempore. The Senator from Texas, on United States, and all Filipinos or inhabitants of Eaid archipelago who have behalf of the minority of the committee, offers an amendment in been deported shall be returned to the place whence they were so deported: PrO'IJicled, That such amnesty shall not apply to any who have violated the the nature of a substitute to the pending bill. It will be stated. rules of civilized warfare or who have been guilty of murder or torture· that The SECRETARY. It is proposed to stlike out all after the emict­ the latter, if any, shall be afforded a. speedy trml for their offenses in the ing clause and insert: civil courts of said archipelago and be punished or acquitted, as the facts and law may warrant. That subject to the provisions h ereinafter set forth the United States of SEc. 7. That within sixty days from the election of officers under the t am­ America hereby relinquish nil claim of sovereignty over and title to the :porary government to be formed by the :people of tho Philippine A rchipelago-1 archipelago known as the Philippine Islands. m accordance with the provisions of this act, aud the inauguration of sn.ia SEC. 2. That the United States shall continue to occupy and govern said officers, the President shall cause the armed forces of the United Sta.tes to archipelago until the people thereof have established a government in ac­ be withdrawn from said archipelago as speedily as may be, exce:J?t such cOI·dance with the provisions of this act, with sufficient guaranties for the for ces as may be maintained in such parts theroof as have been retamed by the United States for naval, military, and coaling stations and t erminal fa­ r:~i~i~~;~~~~~~~·:a~~~Jie~~:u~t~dsE:~e:~~zfdro~hili~~in~~~~: cilities for cables, and the President of the United States and the ecretary and protection of all rights -which have accrued under the authority thereof, of War shall make all needful regulations to carry into effect the provisions as hereinafter provided. of this section. SEc. 3. '.rhat upon the cessation of organized armed opposition to the tempo­ SEC. 8. That it shall b e the duty of the Philip:J?ine congress herein provided rary soverejgnty of the United States Government the President of the United for to prescribe rules and regulations and qualifications fm' electors for the States shall proclaim the fact, and within ninety days after the issuance of such election and holding of a constitutional convention which shall be charged proclamation the United States Philippine Commission shall make and :pro­ with the duty of framing a permanent government for the people of the mulgate rules and regulations for the holding of an election in the various . Philippine Archipelago. Said constitutional convention shall be called to provinces of said Philippine Archipelago for members of a house of r epre­ m eet at such place and at such time, not later than the first Monday of Janu­ sentatives and a senate, to constitute a tem:pnvention hereinafter and independent nations are: P1·ovided, however, That if the Philippine gov­ provided for, and all other officers shall hold office for such terms as may be ernment request it, the United States Government h e1·eby agrees to assume prescribed by such congress. Senators and representatives in congress are a protectorate over the Philippine Archipelago for a period additional to the to receive compensation at the rate of-- dolla.rs per annum and other period of the temporary government h erein provided for, said additional officers shall receive such compensation as may be prescribed by th~ congress. p eriod of protectorate not to exceed, however the period of sixteen years: .Provided jU1-ther, That the said Philippine government agree during the said EXECUTIVE. period of additional protectorate to surrender to the keeping of the United State Government the r egulation and control of the foreign affairs of the The chief executive shall be appointed by the President of the United Philippine Archipelago. States by and with the adviceandconsentof the Senate of the United States, SEC. 9. That all terms of office of le~lative, executive, and judicial offi­ and shall be vested with a veto power over all acts of the Philippine congress cers of the temporary government herembefore provided for, includin~ the having r elation to their foreign affairs, but shall have no veto power with r e­ term of office of the pre iden~ and the terms of office of the senators ana r ep­ spect to other legislation, nor shall h e be empowered to appoint any officer resentatives in congress herembefore prescribed, shall terminate with the unless authorized to do so by the Philippine congress. He shall exercise such existence of the temporary. government h erein provided for, and said tem­ other executive ,Powers as shall be vested in him by the Philippine congress, porary government shall Ipso facto cease to exist upon the inauguration of and shall hold his office for a term of fom· years unless the temporary govern­ the permanent government to be called into existence by the constitutiona,l ment shall within that time be superseded by the inauguration of the perma­ convention hflrein provided for; and nothing herein contained shall be so n ent government herein provided for, and said president shall receive a com­ construed as to prevent the congress of the Philippine Archipelago from pensation of ·10,000 per annum. to be paid out of the Philippine treasury. calling the said constitutional convention at a date earlier than the date '.rhere shall be such other executive officers receiving such compensation and h er ein fixed. performing such duties as may be prescribed by the Philippine congress, and they shall be appointed or elected in such manner as may b e prescribed by lP.W. Mr. COCKRELL. In line 14 page 3, section 3, I sugge t to During the period of the existence of the temporary government herein the Senator from Texas instead of its reading " said president" it provided for, which shall in no event extend beyond four years from and af­ should read "said chief executive.~· The officer is not styled ter the date of its inauguration, the United States guarantee to the people of said Philippine Archipelago their independence and a republican form of "president ' in the amendment. He is styled "chief executive" government, and shall protact them against invasion and, upon application in the fir t part of the amendment, and I suggest that it would by the congress thereof, against domestic violence. be b3tter to make that change. Th2.t all male inhabitants of said archipelago 21 years of age and over who can s11eak and Wl'ite either the English or Spanish language, or any of the Mr. CULBERSON. I have no objection to it. native languages of the said archipelago, and who shall have resided therein The PRESIDENT pro tempore. The amendment will be modi­ for one year ;hall be qualified to vote for members of congress and other fied in that respect. elective officer s, and any person so qualified as an elector shall be qualified to b ecom e a member of said congress or to hold any elective office. Mr. COCKRELL. In line 21, page 8, I move to sti·ike out The house of representatives shall be composed of 100 members and the "Pre ident ' and insert " Chief Executive " so as to make it senate of 30 members, and shall be apportioned by the United St.ates Philip­ correspond. pine Commission among the several provinces of said archipelago, so that I the distribution of membership in the house of representatives shall be in Mr. CULBERSON. accept the amendment to the amend­ proportion to their population, as near as may be, and so that the member­ ment. and upon the amendment I ask for the yeas and nays. ship of the senate shall be as nearly representative of separate provinces as The yeas and nays were ordered, and the Secretary proceeded may be; and when said apporti~mment has been .determined upon, the sa~d Commission shall by proclamation order an election of the members of sa1d to call the roll. congress to be held throughout the said archipelago, at such time as shall be Mr. HALE (when his name was called) . I have a general pair fixed by the said Commissio:a, which election shall be h eld not more than with the Senator from Arkan as [Mr. Jo~E ] . On this amend­ one hundred and twenty days from the date of the proclamation by the ment ho would 'Ote "yea" and I should vote "nay." President of the United States h ereinbefore provided for, and ample time shall be ~ivon before said election to circulate said proclamation throughout The roll call having been concluded, the result wa announced­ the archipelago and arrange for the holding of said election. yeas 28, nays 48; as follows: 8Ec. 4. That the members of the congress thus elected shall meet at the city of Manila on a. day to b e fixed by the United States Philip:pine Commis­ YEAS-28. sion, not more than ninety days sub equent to the day of electiOn, the time for which meeting shall be stated in the proclamation aforesaid and after Bacon, Clay, H eitfeld, Patterson, organization the sa1.l congress and president, constituting the temporary Bailey, Cockrell, Hoar, Simmons, government herein provided for, shall proceed to the performance of their Bate, Culberson, McEnery, Taliaferro, dutie as the temporary government of the Philippine Archipelago: Pl'O­ Berry, Dubois l\IcLaurm, Miss. T eller, 't:ided, That sr.i,.rl congress shall provide by legislation and treaty, irrevocable Blackburn, Foster, La. M11llory, Tillman, without the consent of the United States- Carmack, Gibson, Martin, Vest, First. 'l'hat there shall belong to the United States, and continue to be the Clark, Mont. Harris, Money, W ellington. 1902. CONGRESSIONAL RECORD..-SEN:ATE. 6231

NAY8--i8. The roll call having been concluded, the result was announced­ .Allison, Dolliver, Kittredge, Platt, Conn. yeas 48, nays 30; as follows: Bard, Elkins, Lodge, Platt, N.Y. YEAS-48. Beveridge, Fairbanks, McComas, Pritchard, Bw-nham, Foraker, McCumber, Proctor, Allison, Dolliver, Kearns, Platt, Conn. Burrows, Foster, Wash. McLaurin, S. C. Quarles, Bard, Elkins, Kittredge, Platt< N.Y. Burton, · Frye, McMillan, Quay, Beveridge, Fairbanks, Lodge, Pritcnard, Clapp, Gallinger, Millard, Scott, Burnham, Foraker, McComas, Proctor, . ,. . Clark, Wyo. Gamble, Mitchell, Simon, Burrows, Foster, Wash. McCumber, uarles, Cullom, Hanna, Morgan, Spooner, Burton, Frye, McLaurin, S. C. nay, Deboe, Hawley, Nelson, Stewart, Clapp, Gallinger, McMillan, ~cott, Dietrich, Kean, P enrose, Warren, Clark, Wyo. Gamble, Millard, Simon, :J?illingham, Kearns, Perkins, Wetmore. Cullom, Hanna, Mitcliell, Spooner, Deboe, Hawley, Nelson, Stewart, Dietrich, Jones, Nev. Penrose, Warren, NOT VOTING-12. Dillingham, Kean, Perkins, Wetmore. Aldl·ich, Dryden, Jones, Ark. Pettus, NAYS-00. DanieL Hale, Jones, Nev. _ Rawlins, Bacon, Cockrell, McEnerr, Simmons, Depew, Hansbrough, Mason, Turner. Bailey, Culberson, McLam'lD, Miss. Taliaferro, Bate, Dubois, Mallory, Teller, So Mr. CULBERSON'S amendment was rejected. Berry Foster, La. Martin, Tillman, Mr. McLAURIN of Mississippi. On page 59, after section 98, Blacklmi'll, Gibson, Mason, Vest, Carmack, Harris, Money, Wellington. I move to iri.sert: Clark, Mont. H eitfeld, Morgan, It is the policy of the Government to preserve the agricultural public Clay, Hoar, Patterson, lands in the archipelago for homes for the people of the archipelago, and no NOT VOTING-10. part of said agricultural lands shall be sold under this act except for such homes, nor to any ex9ept a natural person, a citizen of said archipelago. Aldrich, Dryden, Jones, Ark. Tw"ner. Daniel, Hale, P ettus, The PRESIDENT pro tempore. The question is on agreeing Depew, Hansbrough, Rawlins, / to the amendment proposed by the Senator from Mississippi. So the bill was passed. Mr. MeLAURIN of Mississippi. On that I ask for the yeas ISTIIMI.A. T CANAL. and nays. Mr. MORGAN. I move that the Senate proceed to the consid­ The yeas and nays we1·e ordered; and having been taken, I'e­ eration of the bill (H. R. 3110) to provide for the construction of a sulted-yeas 28, nays 47; as follows: canal connecting the waters of the Atlantic and Pacific oceans. YEAS-28. The motion was agreed to. The PRESIDENT pro tempore. The bill is before the Senate Bacon, Clay, Heitfeld, Patterson, Bailey, Cockr ell, Hoar, Simmons, as in Committee of the Whole. Bate, Culberson, McEnery, Taliaferro, JOHN R. SA.NDSBURY. Berry, Dubois, McLaurin, Miss. T eller, Blackburn, Foster, La. Mallory, Tillman, Mr. LODGE. Mr. President, -as ram obliged to leave the city Carmack, Gibson, Martin, Vest, Clark, Mont. Harris, Money, Wellington. to-morrow, I ask the favor of the unanimous consent of the Sen­ ate to temporarily lay aside the pending bill in order to proceed NAYS4i. with the consideration of a small pension bill, being the bill Allison, Dolliver, Kittredge, Platt, Conn. (S. 5491) granting a pension to John R. Sandsbury. · Bard, Elkins, Lodge, Platt, N.Y. The PRESIDENTpro tempore. The Senator from Massachu­ Beveridge, Fairbanks, McComas, Pritchard, setts asks unanimous consent that the unfinished business be tem­ Bw"nham, Foraker, McCumber, Proctor. Burrows, Foster, Wash. McLaurin, S.C. Quarles; porarily laid aside and that the Senate proceed to the considera­ Burton, Frye, McMillan, Scott, tion of the bill named by him. Is there objection? Clapp, Gallinger, Millard, Simon, There being no objection, the Senate, as in Committee of the Clark, Wyo. Gamble, Mitchell, Spooner, Cullom, Hanna, Morgan, Stewart, Whole, proceeded to consider the bill, which had been reported Deboe, Hawley, Nelson, Warren, from the Committee on Pensions with an amendment, to strike Dietrich, Kean, Penrose, Wetmore. out all after the enacting clause and insert: Dillingham, Kearns, P erkins, That the Secretary of the Interior be, and he iA hereby, authorized and directed to place on the pension roll, subject to the provisions and limita­ NOT VOTING-13. tions of the pension laws the name of John R. Sandsbury, late of the U. S. S. Aldrich, Hale, Mason, Tm"ner. Ohio and Montgomery United States Navy, and pay him a pension at the Daniel, Hansbrough, · Pettus, rate of $20 per month in lieu of that he is now receiving. Depew, Jone , Ark. Quay, Dryden, Jones, Ney. Rawlins, • The amendment was agreed to. . ' The bill was reported to the Senate as amended, and the amend­ So the amendment of Mr. McLAURIN of Mississippi was 1·ejected: · ment was concurred in. The bill was reported to the Senate as amended. ' · The bill was ordered to be engrossed for a third reading, read The PRESIDENT pro tempore. Is there any objection to tak- the third time, and passed. ing the vote on concurring in the amendments in gross? The The title was amended so as to read: "A bill granting an in­ Chair hears none. The question is on concurring in tlte amend­ crease of pension to John R. Sandsbury." n tents made as in Committee of the Whole. EXECUTIVE SESSION, The amendments were concurred in. The bill was ordered to be engrossed for a third reading, and Mr. CULLOM. I move that the Senate proceed to the consid­ was read the third time. eration (}f executive bu iness. The PRESIDENT pro tempore. The question is, Shall the bill The motion was agreed to; and the Senate proceeded to the pass? consideration of executive business. After ten minutes spent in Mr. BERRY. On that I ask for the yeas and nays. executive session the doors were reopened, and (at 5 o'clock and Mr. LODGE. I ask for the yeas and nays. 30 minutes p.m.) the Senate adjourned until to-morrow, Wednes­ The yeas and nays were ordered, and the Secretary proceeded day, June 4, 1902, at 12 o'clock meridian. to call the roll. · Mr. KEAN (when Mr. DRYDEN's name was called) . My col­ NOMINATIONS. league [l\1r. DRYDEN] is paired on this vote with the junior Sen­ ator from Alabama [Mr. PETTUS]. If my colleague were present, Executive nominations 1·eceited by the Senate J1.tne 8, 1902. he would vote ' yea.'' rnDIA.N AGENT. Mr. HALE (when his name was called). I am paired on the final passage of the bill with the Senator from Arkansas [Mr. Blanchard B. Weber, o~ Salamanca, N. Y., to be agent for the JONES]. He would vote ''nay '' and I should vote '' yea.'' Indians of the New York Agency, in New York, vice Augustine Mr. MORGAN (when Mr. PETTUS's name was called). My W. Ferrin, deceased. colleague [Mr. PETTUS] is absent on public duty. If he wer'e POSTMASTERS. present, he would vote "nay." He is paired with the Senator Alexander L . Hord, to be postmaster at Greenville, in the from New Jersey [Mr. DRYDEN]. county of Bond and State of Illinois, in place of Alexander L. Mr. HEITFELD (when Mr. TuRNER'S name was called). The Hord. Incumbent's commission expired March 22, 1902. Senator from Washington [Mr. TURNER] is necessarily absent. Jacob Friendlich, to be postmaster at Mount Sterling, in the He is paired with the junior Senator from New York [Mr. DEPEW J. county of Brown and State of illinois, in place of George W . If the Senator from Washington were present, he would vote Curry. Incumbents commission expired January 22, 1902. "nay.·~ John A. Bingham, to be postmaster at Vandalia, in the county 6232 CONGRESSIONAL RECORD-HOUSE. JUNE 3," of Fayette and State of illinois, in place of John A. Bingham HOUSE OF REPRESENTATIVES. Incumbent's commission expil'ed March 17, 1902. · NewtonR. Spencer, to bepos~masteratGreenfield,in the county TUESDAY, June 3, 1902. of Hancock and State of Indiana, in place of Walter S. Mont- gomery. Incumbent's commission expired January 10, 1902. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Damel Surface, to be postmaster at Richmond in the county of HE:l'\TRY N. COUDEN, D. D. Wayne and State of Indiana, in place of Perry J. Freeman~ In- The Journal of yesterday's proceedings was read and approved. Cumbent' commission expired January 10, 1902. RIVER AND HARBOR .APPROPRIATION BILL. James E. Stevens, to be postmaster at Goodland, in the county d Sherman and State of Kansas, in place of Ernest J. Scott. In- Mr. BURTON. Mr. Speaker, I desire to call up a privileged cum~e~t s commission expired May 10, 1902. report. Willram Case, to be postmaster at Mauston, in the county of The SPEAKER. The gentleman from Ohio calls up a privi- Juneau and State of Wisconsin, in place of William Case. In- leged report. cumbent's commission expired March 31 1902. Mr. BURTON. The river and harbor bill. I can state, Mr. George G. Cook, to be postmaster at Milford, in the county of ~peaker, that the statementof the Housemanagerswaspublished Worcester and State of Massachusetts, in place of George G. m the RECORD for yesterday, and the conference report in the Cook. Incumbent's commission expired May 2, 1902. · Senate proceedings for Wednesday, May 28. These two state­ Stephen B. Lov:ejoy, to be post~aster at Minneapolis, in the ments, which are quite voluminous, express the action and desire county ~f Hennepm and State of .M~nesota, in place of Stephen of the Senate in the way of amendments, and the agreement B. Lo:'"eJoy. . Incumbent's commission expired May 16, 1902. reached by the conference committee. As the bill reached the LouiS J. Piernas, to be postmaster at Bay St. Louis, in she House-- county of Hancock and State of Mississippi, in place of Louis J. The SPEAKER. Does the gentleman desire to have the report Piernas: Incumbent's commission expired May 27, 1902. and the statement both read? . Maunce Mann, to ?e po~~aster at Slater, in the county of Sa- ¥r. HO:RTON. I _ask unanin10us ~onsent that the reading of hne and State of Missouri, m place of Maurice Mann. Incum- bouh be dispensed With. I do not Wish to press that request if bent's commission expires June 13 1902. anyone deSirestohavethemTead, buttheyareratheTvoluminous Simeon M. Estes, to be postmaster at.l\feredith, in the county I think they are well UI!derstood by the House. • of Belknap and State of New Hampshire, in place of Simeon M. . Mr. SULZER. Pending that request, 1\!r. Speaker I would Este~. Incumbent's commission expires June 9, 1902. li~e to ~sk the ~entlema:r;t from Ohio what provision is' now con­ E~Isha H. Carr, to be postmaster at Newport, in the county of tamed m the bill regardmg the continued improvement of But­ Sullivan and State of New Hampshire, in place of Elisha H. Carr. termilk Channel, in New York Harbor? Incumbents commission expires June 9, 1902. l\Ir. BURTON. Ninety thousand dollars. Eu~ene Lane, to be postmaster at Suncook, in the county of Mr. SULZER. That is not sufficient, but I suppose it is the Merrrmack and State of New Hampshire, in place of Eugene best we can now get. Lane. Incumbent's commission expires June 9, 1902. The SPEAKER. The gentleman from Ohio asks unanimous · Charles A. Snyder, to postmaster at Middleburg, in the county consent, they having been printed in the RECORD to dispense of Schoharie and State of New York, in place of Charles A. Sny- with the reading of the report and statement. Is th~re objection der. Incumbent's commission expired June 2, 1902. to this? Joseph A. Leggett, to be postmaster at Troy, in the county of Mr. HEPBURN. I think the statement ought to be read. R ensselaer and State of New York, in place of Joseph A. Leggett. The SPEAKER. Objection is made as to the statement The Incumbent's commis ion expires June 6, 1902. statement will be read. · Edward G. Edgerton, to be postmaster at Yankton in the The statement was read at length. colinty of Yankton and State of South Dakota, in place of David (See proceedings of Monday for statement.) E. Lloyd. Incumbent's commission expired May 5,1902. Mr. HEPBURN (during reading). On amendment numbered Isaac A. Hill, to be postmaster at Harriman, in ·the county of 73!. "Anacostia River~ Di~trict of Columbia: .Appropriation of Roane and State of Tennessee; in place of Isaac A. Hill. Incum- $1o0,000; House concurs With an amendment lrmiting the scope bent's commission expired May 10, 1902. of the improvement." Thomas W. Morefield, to be postmaster at Elkhorn, in the The SPEAKER. The Chair would suggest to the gentleman county of Walworth and State of Wisconsin, in place of Thomas that the statement first be read through before any questions are W. Morefield. Incumbents commission expires June 3, 1902. asked. Eleanora Andrews, to "f?e pos~ma;steratEvansville, in the county ~r.BUR N ..I sJ;lall be pleased to answer the gentlem n of Rock and State of WISconsm, m place of Eleanora Andrews. as soon as e rea~ng IS concluded. Incumbents commission expired April29, 1902. .. The C rk continued and concluded the reading of the state- , ment. -- M . BURTON. Mr. Speaker, it will be noticed that the bill WITHDRAwAL. · passed t~e House c~rried appropriations for the neXt fiscal . . . . y ar aggregatmg, approxrmately, $24,000,000, and authorizations Executwe nonnnatwn u tthdTawn June 3, 1902. for later years of $36,700,000. All the appropriations in the .· t b t . House bill except two were left untouched by the Senate- W . L . H a~ns, o e pas master at Charleston, m the State of Plymouth Mass where a reduction of ~- 700 d d South Carolina. ' .. , . . t;J.:>, was rna e, an Duluth, SuperiOr River, Mmnesota, where a reduction of $75 000 was made, and the provision for a dredge omitted. The Se~ate added appropriations and authorizations aggregating · 9,554,000. CONFIRMATIONS. Of these the House concurred in-$4,500,000. and the balance Executive nominations confirmed by the Senate J'une 8, 1902, $5,054,000, .w~re nonconcurre~ in,. leaving the 'aggregate amount of appropriatiOns and authonzat10ns as agreed upon in the con­ CIRCUIT JUDGE. ference report, $65,107,602, of which the amount of 26 521 442 is made up of appropriations for the ensuing year, and s3s 586 16o Alfred C. Coxe, of New York, to be United States circuit judge of authorizations or amounts to be expended after July 1' 1903. for the second judicial circuit. If there is any question any member desires to ask I ~hall be UNITED STATES ATTORNEY. glad to answer it. The gentleman from Iowa had a question. Mr. HEPBURN. I want to call the attention of the gentle­ ,Charles C. Haupt, of Minnesota, to be United States attorney man to amendment No. 73: for the district of Minnesota. Anacostia River, District of Columbia: Appropriation, $150 ()()()· Honse con­ curs with H.n amendment limiting the scope of improvement.' ' PROMOTION IN THE MARINE-HOSPITAL SERVICE. Now I want to know the character of the improvement, so that Asst. Surg. John Mcl!Iullen, of Maryland, to be a passed as­ the House can undei·stand. sistant surgeon, to rank as such from May 17, 1902, in the Marine­ Mr. BURTON. The provision as contained in the Senate Hospital Service of the United States. amendment was as follows: Improving Anacostia River in the POSTMASTERS, vici~ty. of Washingt

1902. CONGRESSIONAL RECORD-HOUSE. 6233

the flats. The engineer officer of the District was called in, and canied $25,000 for the harbor at Whatcom, and the Senate in­ this phraseology was adopted: creased it to $40,000. For Puget Sound and the tributary waters Improving Anacostia River, District of Columbia: With a view to the in­ it carried 15,000, which the Senate inCI·eased to $20,000. I see in terests of commerce and navigation. in accordance with such pa.rts of the the conference report that the Senate recedes from the $40,000 report submitted in House Document 87, Fifty-fifth Congress, third session, as relates to section 1 of said river, being the portion below the Navy-Yard and it goes back to $25,000 for Whatcom, and as for Puget Sound Bridge, $150,000. it has raised the $20,000 to $35,000. Now, does the chairman have An effort was made in this latter provision to carefully limit in mind why these changes were made? the improvement to the pm-poses of commerce and navigation. I Mr. BURTON. I will state to the gentleman that the appro­ would state that the disposal of the spoil or dredged material from priation for Puget Sound and the tributary waters contained a the channel is of course another matter there, an important one. proviso that $10,000 might be applied for taking out a so-called The engineer stated that with the amount named he could log jam in the Nooksack River. When this bill was sent to the dredge the channel from the mouth of the Anacostia River 300 engineer in the State of Washington he sent back word that if so feet in width up to the navy-yard, there widen out the channel much diversion should be made for the Nooksack there would not in front of the navy-yard to 400 feet, making the channel 300 feet be sufficient left for the other waters and advised that the $15,000 up to the navy-yard and in front of the navy-yard 400 feet and 20 additional for the new Whatcom Harbor should be transferred feet in depth, and that the spoil or dredged material would be to Puget Sound and tributary waters. I think the opinion of the deposited on the flats opposite the insane asylum, at St. Eliza­ conferees was that such was the best thing to do. beth's. He also estimated that the deposit of the dredged mate­ :Mr. JONES of Washington. The gentleman will remember rial would bring 120 acres of the flats near St. Elizabeth's to a that the expenditure for ~uget Sound has been $14,000, and there level of 1 foot above high tide. is $18,000 or $20,000 on hand now, and that is the reason we did Mr. HEPBURN. Mr. Speaker, if the gentleman will permit not make the increase in the House. I regret very much that me, I would like to know if it was the purpose of the House con­ this change was made and the amount for Whatcom reduced. ferees to limit that impTovement or to refuse on the part of the Mr. BELLAMY. As I understand, in the case of the improve- · House to consent to the completion of that work of the reclama­ ment of the upper Cape Fear River, North Carolina, for which tion of that river that 'is a constant menace to the health of the the Senate inserted an appropriation of $150,000, the committee city? of conference reduced the appropriation to $50,000, to be used for Mr. BURTON. We did not regard it as a committal to the the purpose of boring for foundations for locks and dams; and carrying out of the project of the reclamation of the flats, which in this amendment of the Senate it is proposed that the House is more a sanitary measure than a commercial measure. now concur. . Mr. HEPBURN. Is it not the same character of problem that Mr. BURTON. This $50,000 is for the purpose of acquiring was solved in the case of the flats on the Potomac River? sites for foundations for locks and dams. Mr. BURTON. Very similar, I think, but with one difference, Mr. BELLAMY. Do I understand it, then, to be an appropri­ I should state. In that case the Potomac Park belonged exclu­ ation for the inauguration of the scheme for an improvement by sively to the United States, and whatever soil was deposited there locks and dams? became the land of the United States. It is true it is dedicated Mr. BURTON. It is, of course, a recognition of the project­ for a park, but it was Government property. an inaugm·ation of the work. So far as regards an absolute Mr. HEPBURN. With a disputed title. committal to the finishing of the work, nothing can accomplish Mr. BURTON. I did not understand that there was any dis­ that except an appropriation of the whole amount necessary for pute about the title. the improvement. But this is a recognition. Mr. HEPBURN. If the gentleman will yield to me- Mr. MUDD. I have not had an opportunity to read the state­ Mr. BURTON. Certainly; how much time does the gentleman ment of the conferees, and therefore I wish to ask the gentleman want? from Ohio whether there is any provision made in this report for the Mr. HEPBURN. Two minutes. improvement of the Anacostia River-any authorization beyond Mr. BURTON. I yield to the gentleman from Iowa two min- the appropriation made? utes. · Mr. BURTON. Nothing except $150,000 cash appropriation Mr. HEPBURN. Mr. Speaker, I called particular attention of for the purpose of obtaining a navigable channel up to the navy­ the gentleman to this amendmentNo. 73, because I found three or yard and below the navy-yard bridge. four others of a similar vagueness that did not, it seemed to me, Mr. MUDD. Is the approptiation limited to the work of im­ comport with the requirements of Rule XXIX, which provides provement below the navy-yard bridge? (the latter part of it) : Mr. BURTON. It is expressly so limited. And there shall accompany every such report a detailed statement suffi­ Mr. MUDD. If the gentleman will yield, I should like to oc- ciently explicit to inform the House what effect such amendments or propo­ cupy about two minutes. • sitions will have upon the measures to which they relate. Mr. BURTON. Reserving the rest of my time, I yield the I do not want to criticise this report. It is very lengthy, and gentleman two minutes. I can see why there might be a desire for an abridgment and Mr. MUDD. I wish to say to the gentleman from Iowa [Mr. saving of time, but it does seem to me, Mr. Speaker, that it is HEPBURN] that there is a bill now pending before the Committee right to call the attention of the House and the committees es­ on the District of Columbia, introduced by myself, and for which pecially, in view of the change in om· rule, to this Rule XXIX I hope to get favorable action in the near future, authorizing a and the necessity of having the report so explicit that the House contract for the improvement of Anacostia River, with special may understand without reference to verbal explanation just reference to the reclamation of the flats above the Pennsylvania what is intended by the conferees. I do not want to raise any avenue bridge. In my judgment, navigation for commercial pm·­ question about it. I do not know as I could at this time, as de­ poses can properly be said to extend up to that point. I am frank bate has occm·red, but I did think it was wise to call attention to to say that, although I have always favored and still favor the that rule. most liberal appropriations for the District of Columbia I do not The SPEAKER. The Chair will ask the gentleman from Ohio think the General Government ought to be called upo~ to make if the report shows what this amendment is? appropriations for purely sanitary purposes-appropriations which Mr. BURTON. Briefly. I will say the argument of incon- can not be reasonably justified on the ground of commercial . venience has great force in law and in parliamentary procedure ne.eds. ~he bill to which I now refer :provides for an appropri­ as well. To give a detailed desctiption about the effect of every ation ultimately of $1,800,000 for such Improvement, that being one of these 207 amendments would require printed matter of at about the amount estimated for this purpose by the War Depart- · least 100 pages. The aim of this statement was to give briefly an ment several years ago, and about the amount, or a little in excess explanation of the action of the conference committee upon each. of the amount, which the Park Commission, appointed by order I will say that this is one of the most extended statements I of the Senate about a year ago, estimated to be necessary for the have seen given in connection with a river and harbor bill in a contemplated work down to a point a little above the Navy-Yard conference report. In many instances it has been a mere gen­ Bridge.. eral reference to what is done. In this case referred to by the I merely want to call attention to that matter now. ·I hope gentleman from Iowa it would involve pages to go into a full and some day to obtain a favorable report on that bill. In my judg­ connected statement of the engineering and sanitary questions ment the Committee on Rivers and Harbors i:l.cted wisely and connected with it. It seemed best to bring in this brief state­ properly in adopting a limitation in connection with the present ment, and in case the report was not altogether clear to answer approptiation upon the length of distance up the river the Gen­ inquiries as far as possible. eral Government ought to go in improvements for commercial Mr. JONES of Washington. Mr. Speaker, I would like to ask purposes. I rather thought that the improvement ought to ex­ the gentleman a question. tend as far as the" Pennsylvania avenue bridge; but certainly the· Mr. BURTON. Certainly. navy-yard bridge can not be very wide of the mark. It is proper Mr. JONES of Washington. As this bill passed the House it that the District government shm:tld contribute its one-half of the •

6234 CONGRESSIONAL RECORD-HOUSE. JUNE 3,

appropriation for works undertaken for the health of the people ported to the other conferees that the gentleman from North Caro­ of the city and all work above the adopted line of commerce. I lina himself [Mr. SMALL] told me that $5,000 was ample, and we believe the people of the District are at last willing to make that relied upon that as trustworthy. contribution. The Commissioners of the District have made a Mr. SMALL. I think the amount is sufficient, but I desire to favorable report upon the bill to which I have refen·ed. The know if the conferees have further informatjon on that point. I work is one of great importance, of urgent need to the District of am not complaining, because my information is that the amount Columbia, and I shall press the measure looking to its authoriza­ will cover the cost. tion at the earliest practicable opportunity. Mr. VANDIVER. Mr. Speaker, I desire to ask a question for Mr. HEPBURN. Will the gentleman from Ohio [Mr. BURTON] a little information. yield to me two minutes? The SPEAKER. Does the gentleman yield? Mr. BURTON. Certainly. Mr. BURTON. Yes. Mr. HEPBURN. Mr. Speaker, I sympathize with the efforts Mr. VANDIVER. I would like to be informed as to what is of these two committees to perfect this work upon the Anacostia the total amount now carried in the bill for the rivers and har­ River. Yet between the two committees nothing apparently has bors of the Lower Mississippi, between Cairo and the Gulf? been done. I remember seeing a newspaper statement three or M1·. BURTON. Two million two hundred thousand dollars for four years ago that there were at that time 500 cases of typhoid the first year. fever in the city of Washington. I remember that a few years Mr. VANDIVER. I mean for the harbors only? ago-before the improvement of what was known as the Kidwell Mr. BURTON. Two hundred thousand dollars, to be expended flats was begun-one section of this city was almost depopulated during the period of two years at New Orleans and other places because of the prevalence of disease there in the fall of the year. on the lower river, and $110,000, to be expended during a period I know-every man knows who has ever given any thought to of four years, 1arther up the river; in all, $310,000. the subject-that this Anacostia River which is a menace to the Mr. VANDIVER. Now, I would like to ask further how that health of this city and to the health of everyone compelled to total was reached? Was it by adding together the recommenda­ sojourn here during the fall months, ought to receive the atten­ tions of the engineers for the separate harbors or was it arbitrary? tion of some committee. Mr. BURTON. To a certain extent it was arbitrary, but the There ought to be an improvement accomplished rather than amount expended on those respective harbm·s in the past were one discussed merely, as it has been for twenty years. We now taken into account; $50,000 for Greenville, Miss.; $20,000 for know, by what has been done with reference to the reclamation of Helena, $20,000 each for Caruthersville and New Madrid were the land bordering on the Potomac River, that reclamation is pos­ the amounts to be expended in four years. sible and that the restoration of health conditions is possible. Mr. VANDIVER. Thirty-five thousand dollars I think, if the Here is the same condition now in the Anacostia River; and yet gentleman will remember, was the amount in the last bill for . from year to year. this House, through the failure of committees, Caruthersville and 20,000 for New Madrid. permits this condition to continue. I do hope that the gentleman Mr. BURTON. Twenty thousand dollar was regarded as the from Ohio will see to it that his committee, which is charged in proper amount. some degree with the public health of Washington and our Rese1·ving furthe1· the balance of my time, Mr. Speaker, I yield health, shall do something in 1·egard to this important matter: to my colleague on the committee, Mr. BALL of Texas, for ten or if it be not a proper work for the Committee on Rivers and minutes. Harbors, it ought to be promptly attended to by the Committee Mr. BALL of Texas. Mr. Speaker, it is not my purpose to oc­ on the District of Columbia. cupy the time of the House in the discussion of this conference Mr. BURTON. Reserving the rest of my tin;le, I yield five report. In presenting the original river and harbor bill as passed minutes to my colleague on the committee, the gentleman. from by the House, I took occasion then to give some comparisons and Illinois [Mr. REEVESj. figures showing the relative expenditures on behalf of rivers and Mr. REEVES. Mr. Speaker, I do not want five minutes-not harbors of this country as compared with the other departments more than two. I wish only to say to the House that the Com­ of the Government, and to assert then, as the bill was reported mittee on Rivers and Harbors brought in the best bill we could and passed the House, that, taking into consideration the inter­ frame, taking all things into consideration, a bill appropriating ests involved and the benefit to our agriculture and commerce, the and authorizing expenditm·es amounting to a little over $60,000,000. expenditm·e for rivers and harbors, instead of being classed, as it , The Senate let our bill practically alone, but added a little over is too frequently cla-ssed by the unthi ~ lring public, as a "pork" $9,500,000 in the way of appropriations and authorizations. After bill, it is the most economical of any of the great appropriation nearly six weeks of conference the Senate 1·eceded to the extent of bills that come before this House. a little more than 5,000,000 of its appropriation, and the House I agree with my colleague upon the committee, the gentleman concurred to the extent of about four millions and a half. from illinois [Mr. REEVES] , that the bill as it passed the House I want to say to the House, Mr. Speaker, that in my judgment was perhaps a better bill than the bill now reported; but, Mr. this bill is not as good a bill as it was wht;n it left the House. I Speaker, it is due to the House conferees, who for six weeks have do not mean by that that the Senate appropriations are worth­ labored with great fidelity and zeal to perfect this bill so that it less or entirely improper but, taking into account the immediate should be entirely defensible when it became a law, to say that necessities of commerce and appropriating the money to the ex­ they are entitled to the thanks of this House in having brought tent that we did recommend its appropriation, I believe the bill in a report which has so modified the bill as it passed the Senate as it left the House was a better bill than it is to-day. However, that, while perhaps it may be subject to some criticism, as all bills having a decent regard fo1· the opinion of the Senate and of the carrying this amount of public money are, it is the best bill it is Senate conferees, after the most prolonged and earnest discussion the most scientifically adjusted, it is the best considered, and the we have come to you recommending this bill carrying in all about most defensible measure carrying such an amount of money for $65,000,000. My judgment is that it is the best bill that in the rivers and harbors that has ever been pas ed by Congress here­ nature of things can be agreed upon between the two Houses; tofore. No reflection is intended in what I say upon the Senate hence it is that your conferees recommend to the House the conferees, who have sought to retain upon the bill the amend­ adoption of this report. ments placed thereon by the Senate. For them I have the highe t Mr. BURTON. Mr. Speaker, reserving further the balance of respect. But, Mr. Speaker, I feel sure that there is no disposition my time, I desire to yield to the gentleman from North Carolina, upon the part of any member of the House committee to dictate Mr. S:ll.ALL. to or deny the equal right of the Senate to incorporate in the bill Mr. SMALL. Mr. Speaker, I desire to make an inquiry of the any legitimate and proper provisions. gentleman from Ohio. The conference report in providing for a Now, there was a sentiment at the other end of the Capitol that survey of the inland waterway from Norfolk to Beaufort Inlet because this House, after it had appropriated $60,000,000, which · limits the cost to $5,000. I desire to know if the committee or the they had left in the bill untouched, and the Senate increases conferees had any official information authorizing that limitation; thereon amounted to only $10,000,000, that the House conferees in other words, upon what data they based the cost of this survey ought readily to agree to all the Senate amendments and allow limiting it to that amount. the bill to become a law. There was a sentiment upon this side Mr. BURTON. I would state that the engineering force has of the House and upon that side of the House, among the mem­ been examining and surveying that inland waterway ever since bers of this body, that perhaps the conferee ought not to insist 1 23. There is a report of 46 pages made in the year 1880, and upon a rece sion upon the part of the Senate from the amend­ there was also a survey of the major portion of it in accordance ments placed by that body upon the House bill. with an order in the act of June, 1890. With all the data ob­ Mr. Speaker, the House Committee on Rivers and Harbors tained, it seemed to us that $5,000 would be sufficient to make had exhaustive hearings for weeks, when opportunity was given such further investigations as are necessary. to the members of the House, to members of the Senate, and to Mr. REEVES. Mr. Speaker, I would like to answer further, if the commercial interests of the country to be heard, and then re­ the gentleman will permit me, that as one of the conferees I re- ported a. bill which was passed by the House, carrying all the 19Q2. CONGRESSIONAL -RECORD--HOUSE. S235

public money that the committee thought ought to be appropri­ that the time within which remarks may be extended shall be five ated for rivers and harbors at this session of Congress. days from the date of the disposition of the bill. Is there objec­ Under such conditions it became the duty of our conferees to tion to these requests? resist by all proper arguments any substantial increase in the bill There was no objection. as it passed the House. We are relegated to one of two positions: The SPEAKER. The question is on the motion of the gentle­ The House should either frame a complete bill, having due regard man from New York to go into Committee of the Whole. to commerce and localities, carrying about the full amounts The question was taken, and the motion was agreed to. proper to be expended upon rivers and harbors, or resort to the The House accordingly resolved itself into Committee of the framing of a bill carrying only, say, two-thirds or three-fourths Whole House on the state of the Union, Mr. GROSVENOR in the of the appropriation that ought legitimately to be made. If the chair. latter system be followed, no scientifically adjusted and properly The CHAIRMAN. The House is in Committee of the Whole considered bill can be framed, and necessarily the members of this House on the state of the Union for the consideration of the bill House having projects omitted in their districts would suffer S. 3653, which the Clerk will report. thereby. We can not presume that Senators have no interest in The Clerk read as follows: the measure which passes this House, because, as the representa­ A bill (S. 3853) for the protection of the President of the United States, tivea of the 'sovereign States from which they come, they are just and for other purposes. as much intet'ested in the bill as framed by the House committee Mr. RAY of New York. Mr. Chairman, I a·sk unanimous con~ as are the members of the House themselves; and unless our con­ sent to dispense with the first 1·eading of the bill. ferees are sustained in their action in attempting to prevent the There was no objection. insertion of improper or extravagant amendments, then we will MESSAGE FROM THE SENATE. be confronted with the necessity in the future, in framing river and harbor bills, of leaving out a great number of appropriations The committee informally rose; and Mr. LACEY having taken urged by members of the House in order that room may be left the chair as Speaker pro tempore, a message from the Senate, by for Senators who desire to increase the appropriations for rivers 1\Ir. PARKINSON, its reading clerk, announced that the Senate had and harbors. • passed without amendment the following resolution: I think that the rivers and harbors conferees upon the part of R esolved by the House of Rep1·esentatives (the Senate cm1curring), That the thanks of Congress be presented to Ron. John Hay for the appropriate me­ the House, in securing a concession of more than one-half in m orial address delivered by him on the life and services of William McKinley, amounts appropriated by the Senate amendments, notwithstand­ late President of the United States. in the Representatives' Hall, before both ing the fact that they have been compelled to allow items tore­ Houses of Congress and their invited guest':l, on the 21th day of February, 1002, and that he be request ed to furnish a copy for publication. main with which they are not thoroughly in accord, have done a Resolved, That the chairman of the joint committee appointed to make the splendid work and are entitled to the appreciation and commenda­ ne::aSEary arrangements to carry into effect the resolutions of this Congress tion of their colleagues upon the committee and the membership in r elation to the memorial exer cises in honor of William McKinley be re­ quested to communicate to Mr. Hay the foregoing resolution, receive his of the House. answer thereto, and present the same to both Houses of Congress. Mr. BURTON. Mr. Speaker, I move that the conference re­ port be agreed to, and upon that motion I ask the previous ques­ The message alw announced that the Senate had passed the fol­ tion. lowing resolution; in which the concurrence of the House of Rep- The previous question was ordered. resentatives was requested: · The conference report was agreed to. Senate concurrent resolution 48. On motion of Mr. BURTON, a .motion to reconsider the last R~olved by the Senate (the House of Rep·resentatives CO?u:tu-ring), That there be printed 5,000 additional copies of the Reports on the Law of Givil Govern­ vote was laid on the table. ment under Military Occupation, submitted to the Secretary of War by PROTECTION OF THE PRESIDENT AND THE SUPPRESSION OF CRIME Charles E . Magoon, law officer, Division of Insular Affairs, War Department of which 1,400 copies shall be for the use of the Senate, 2,800 for the House of AGAINST GOVERN!fENT. Representatives, and 800 for the War Department. · Mr. RAY of New York. Mr. Speaker, under the rule adopted The message also announced that the President pro tempore yesterday I move that the House resolve itself into the Commit­ had appointed Mr. TELLER a member, on the part of the Senate, tee of the Whole on the state of the Union for the purpose of of the conference committee upon the matter of the message of • considering the billS. 3653; and pending that, I ask unanimous the House of Representatives upon the bill (H. R. 12804) making consent that the time on this .side be con trolled by myself and on appropriations for the support of the Army for the fiscal year the other side by the gentleman from Texas [Mr. LANHAM]. ending June 30, 1903, in place of Mr. PETTUS, excused. The SPEAKER. The gentleman from New York, chairman of The message also announced that the Senate had passed the the Judiciary Committee, moves that the House resolve itself into following resolutions: the Committee of the Whole H ouse on the state of the Union for Resolved, That the Secretary be directed to request the House of Repre­ the consideration of the bill S. 3653, and pending that he asks sentatives to return to the Senate the bill (8. 22) for the relief of Ezra S. unanimous consent t.hat the time on this side be controlled by Havens. himself and on the other side by the gentleman from Texas [Mr. Also: L A11i1iA11I] . Is there objection? Resolved, That the Secretary be directed to request the House of Repre­ There was no objection. sentatives to return to the Senate the bill (S. 21) for the relief of John S. - Mr. RAY of New York. l\f.r. Speaker, I make another request Neet, jr. for unanimous consent, and that is that those gentleman who Also: speak on the bill may have consent to extend their remarks in the Resolved, That the s ·ecretary be direded to request the House of Repre­ sentatives to r eturn to the Senate the bill (S. 20) for the relief of Joseph W. RECORD. Carmack. The SPEAKER. For what length of time? Mr. RAY of New York. For five days. The message also announced that the Senate had passed joint resolutipn (S. R . 108) authorizing the Secretary of the Treasury/ The SPEAKER. The gentleman from New York asks unani­ to purchase additional ground for the post-office, court-house, and mous consent that gentlemen who speak on the pending bill may custom-house at J acksonville, Fla. have five days within which to extend their remarks. Mr. LANHAM. I wish to couple with that the request that the . PROTECTION OF THE PRESIDENT, ETC. gentleman from Alabama [Mr. CLAYTON]. a member of the Ju­ The committee resumed its session. diciary Committee, may have the privilege of printing his Mr. RAY of New York. Mr. Chairman, in reporting to this remarks in the RECORD in the event that he shall not be here House and pressing upon its attention and urging the enactment during the discussion. He has been called away, and being de­ into law the bill now presented for consideration, the Committee sirous to express himself upon this bill I ask this leave for him. on the Judiciaryjs not to be understood as claiming or intimating He has indicated his opposition to certain features of this bill, that it doubts the present ability or willingness of each and every and favors some amendments which I expect to offer. State to promptly punish those who shall within the respective The SPEAKER. The gentleman from Texas couples with the State jm·isdictions criminally assault, injure, or km the President request of the gentleman from New York the further request that of the United States, the Vice-P1·esident, or those officers entitled the gentleman from Alabama [Mr. CLAYTON], a member of the by law to succeed to the high office of Chief Executive of the committee, who is necessarily absent, may be permitted to print United States. This bill has a double purpose. remarks in the RECORD upon this bill. Is there objection? First, it seeks to protect the President of the United States, and Mr. RICHARDSON of Tennessee. Mr. Speaker, the five days those in the immediate line of succession, and, second, to prevent ought to be counted from the date of the disposition of the bill, certain crimes of increasing frequency against government. not. from to-day. Every government possesses the inherent power to protect itself Mr. RAY of New York. That is proper. and its agencies, and as in our Government the officers of the The SPEAKER. The gentleman from New York, at the sug­ Unjted States are held to be agents of that Government we have gestion of the gentleman from Tennessee, amends his request so the implied constitutional power to protect each and every one 6236 CONGRESSIONAL RECORD- HOUSE. JUNE 3, ·

of them in the discharge of their official duties, and protect them poses, a government of the people. Its powers are limited in number but fTom assaults or injury because of official acts. Indeed, had we p.o.t in degree. Within the scope of its powers, as enumerated and deftned, It IS supreme an.d above the States, but beyond it has-no existenc~. It was not that power, were we compelled to look to the several States erected for specmlpurposes and endowed with all the powers necessary for its for the protection of the officers of the General Government when own pr~rva tion and the accomplishment of the ends its people had in view. It can neither grant nor secure to its citizens any right or privilege not ex­ assaulted within a State, it might become impossible to carry on pressly or by implication placed under its jurisdiction. our Government or preserve it without constant resort to martial The people of the United States resident within any State are snbject to law and military force. (See Tennessee v. Davis, 100 U. S., 262, two ~overnments, one State and the other national, but there need be no conflict between the two. The powers which one possesses the other does 263; Martin v. Hunter, 1 Wheaton, 304.) npt. They are established for different purposes and have separate jlll·isdic­ This condition would arise should a State be unwilling to pun­ nons. T

In that case A was indicted in the State court of Tennessee for and defend him at the time, and that in so doing he acted offi­ murder. He moved for a transfer of the case to the circuit court cially under the laws and authority of the United States. . That of the United States. The statutes of the United States provide Terry was violating a law of the United States when he assaulted in substance that criminal cases arising under the Constitution Justice Field. This attack was made because of a hatred engen­ and laws of the United States may be thus removed. See act of dered by an official act performed months before by Justice February 4, 1815, 3 Statutes, 198; the act of March 2, 1833, 4 Field. Terry was not resisting Justice Field in performing an of­ Statutes, 633, and the act of July 13, 1806, 14 Statutes, 171. . : flcial act. To secure such removal and show that the case was one ansmg The court stated the questions involved, at page 54, thus: under the Constitution and laws of the United States, the defend­ There exists no authority in the com·ts of the United States to discharge ant alleged and showed "that the killing was done by him in the pt'isoner while held in custody by the State authorities for this offense, unless there be found in aid of the defense of the prisoner some element of necessary self-defense to save his own life; that at the time the power and authority asserted under the Government of the United States. alleged act for which he was indicted was committed he was and This element is said to be found in the facts that Mr. Justice Field when still is an officer of the United States, to wit, a deputy collector attacked was in the immediate discharge of his duty as judge of the clrc¢-t courts of the United States within California; that t!:e aEsault up:m him of internal revenue; that the act for which he was indicted was grew out of the animosity of Terry and wife, arising out of the previous dis­ performed in~ o~ neces ary self-defense while en~aged .in the charge of his duty as circuit justice in the case for which they were c_om­ discharge of his duties as deputy collector, and while actmg by mitted for contempt of court; and that the de~uty marshal of the Umted States, who killed Terry in defense of Field's life, was charged with a duty and under the authority of the internal-revenue laws of the United under the law of the Unik>d States to protect Field from the violence which States and that he was assaulted and resisted while actually en­ Terry was inflicting, and which was intended to lead to Fields death. gaged' in the lawful performance of his duties as such officer of And the court stated its conclusions, at pages 75 and 76, thus: the United States." The result at which we have arrived upon this examination is that in the In that case Justice Clifford says, at page 276: protection of the p erson and the life of Mr. Justice Field, while in the dis­ Courts of the United States derive no jm'isdiction in criminal cases from charge of his official duties, Neagle was authorized to resist the attack of T erry upon him; that Neagle was correct in the b elief that without prom:t:~t the common law, nor can such tribunals take co!mizance of any act of an in­ action on his part the assault of Terry upon the judge would have ended m dividual as a public offense, or declare it punishlilile as such, until it has been the death of the latter; that such being his well-founded belief, he was jus­ defined as an offense by an act of Congress passed in pursuance of the Con­ tified in taking the life of Terry as the only means of preventing the death stitution. Argument to show that Con~ress has never defined the act of of the man who was inten~d to be his victim; that in taking the life of murder, at a place ~thin the ex~lusive Juris~ction ?f a State, as an offense Terry, under the circumstances, he was acting under the authority of the against the ::mthor1ty of the Umted States m c~r_tainly UIDl~essary, as no sane man will venture to advance such a proposition; nor will anyone who law of the United States, and was justified in so doing; and that he is not ever looked into the record of this case deny that the place where the homi­ liable to answer in the courts of California. on account of his part in that cide which is the subject of inquiry was committed is in the exclusive ju­ transaction. r isdiction of the State whose laws were violated by the perpetrator of the It will be noted that in giving these conclusions no mention is felonious act. None of the e matters can be denied consistent with the truth ·of the facts as judicially known to every member of the court. made of the fact that Terry knew Field to be a justice of the Su­ preme Com·t of the United States, or of the fact that his at­ For a practical application and declaration of these principles tack was made to gratify malice engendered by the official acts we turn to the case In re Neagle (135 U.S., 1). This is the lead­ of Justice Field, or that he knew Justice Field to be engaged in ing and possibly the only case decided by the Supreme Court ex­ the discharge of his official duties. It was enough that Terry at­ pressly and necessarily deciding what constitutes the peace of the tacked Justice Field while the latter was'' in the discharge of his United States and a violation thereof in the absence of an express official duties." It is equally clear from the case and opinions statute. The case is therefore of especial value in determining that this fact, or the fact that Terry attacked Field because of the jur~diction or power of Congress to enact laws for the pro­ his prior official act, or the fact that he assaulted the judge be­ tection of the officers of the Government of the United States. cause of his official chat·acter, was all sufficient to make the No one will pretend that such a law may be constitutionally en­ offense of Terry one against the authority of the United States, acted or enforced unless it be to prevent or punish acts affecting and therefore one which Neagle had the right to resist. the sovereign powers of the United States . Mr. CRUMPACKER. I am somewhat familiar with that ..M:ay we constitutionally enact such a law, one to punish an as­ case, and my understanding is that the court was required to do sault committed on or the killing of an officer of the United States, that because Congress had never enacted a statute making it an based on the sole fact that the person assaulted or killed is an offense to attack a Federal officeholder. They WPre c0mpelled officer of the United States, regardless of whether or not he at the to justify under an executive authority the genera! power of the time of the commission of the act was engaged in the perform­ President to enforce the law, and the com·t inferentially held ance of his official duties, or was assaulted or killed because of his that the President was justified in protecting an officer of the official character or because of some official act done or omitted? Federal Government only while he was acting as such. But This proposition was answered in the negative by the Supreme here the proposition is for Congre~s to pass a law declaring it to Court. (In re Neagle 135 U.S., 1.) be a crime to take the life of the President of the United States. In that case Mr. Justice Field, a justice of the Supreme Court The CHAIRMAN. The time of the gentleman from New York of the United States, was in California for the pm·pose of holding has expired. com·ts pm·suant to law. He had held court at Los Angeles and Mr. RAY of New York. I want time, Mr. Chairman, in which was on his way to San Francisco for the purpose of holding court to close. there. He was accompanied by Neagle, who was a deputy mar­ The CHAIRMAN. The gentleman from New York has con­ shal of the United States, and who attended by direction of the trol of the time himself. The Chair thought he would mention Department of Justice to protect him from violence apprehended to the gentleman that the hour had expired. at the hands of one Terry, who had threatened personal violence Mr. RAY of New York. I want to say that the gentleman's becau e of certain judicial acts of Justice Field affecting Terry assumption is entirely incorrect, because the Congress of the (punishment for contempt of court). The train stopped at a town United States has passed a law for the prcttection of every office:r on the way and Justice Field had alighted from the train ana was to a certain extent in the discharge of his duty, and the Congress taking his breakfast at a hotel when he was assaulted by Terry. has always said, following the courts of the early time, they have Thereupon the deputy marshal of the United States, Neagle, in always limited the laws by saying" when in the performance of the necessary defense of Justice Field, shot and killed Terry. their duty." Neagle was indicted and imprisoned by the St.:1.te courts of Cali­ Mr. CRU.:M:PACKER. DidNeagle justify under any statute in fornia for the murder of Terry. He was brought up by the m aking his defense in that case? There was no statute covering United States com·t on habeas corpus and discharged on the that particular case, and he was justifying on principles of gen­ ground that he was an officer of th~ United States engaged in eral jurisprudence. the performance of an official duty, to wit, the defense of Justice Mr, RAY of New York. The court held in that case this: That Field, pm·suant to a law of the United States-either a statute or in order to justify Neagle in doing what he did it must be estab­ the Constitution-and that Mr. Justice Field was at the time en­ lished that he was acting under some authority of the United gaged in the performance of his official duties, or acting in his States; some law, some constitutional authority, and in the pro­ official capacity as a justice of the Supreme Court of the United tection of some officer who was within the protection of the United States. States, not of a statute, but who was within the protection of the The Sup1·eme Court held that in order to show that the peace of United States and under the jurisdiction of the United States to the United States was violated by Terry when he assaulted Jus­ protect, and the court held that an officer of the Government is tice Field that it was necessary to show that Justice Field was under the protection of the United States and within its jurisdic­ then acting in his official capacity as justice, and this was the tion to protect when engaged in the performance of his official point upon which the whole case turned. The court held that duties-then and then only. Not for the simple reason t hat he is Justice Field was acting in his official capacity as justice, even such an officer. when eating his breakfast at the hotel on his way to hold court It was said by the Supreme Court in Ex parte Yarbrough (110 in a distant city. That it was the right and duty of the United u.s., 657-658): . States to defend and protect him at such a time and under such If this Government is anything more than a mere a~IP:egation of delegated circumstances. That it was an official duty of Neagle to so protect agents of other States and governments, each of w mch is superior to the 6238 CONGRESSIONAL RECORD-HOUSE. Ju1m 3,

· General Government, it must have the power to protect the elections on or any :place subject to the jurisdiction thereof, aid, abet, advise, or counsel which its existence depends from violence and corruption. the killing of the President or Vice-President of the United States or any of- If it has not this power, it is left helpless before the two great natural and ficer thereof upon whom the powers and duties of the President may devolve historical enemies of all republics-open violence and insidious corruption. under the Constitution and laws, or shall conspire with any other person to · ( 9) accomplish the same, or who shall aid, abet, advise, or counsel the killing of And agaill P· 65 : the sovereign or chief magistrate of any foreign country, or shall conspire It is said that the States can pass the necessary law on this subject, and no with any other person to accomplish the same, shall be punished by impris- necessity oxists for such action by Congress. But the existence of State laws onment not exceeding twenty years. punishing the counterfeiting of the coin of the United States has.never been SEC. 4. That any person who has conspired as aforesaid may be indicted held to supersede the acts of Congress passed for that purpose or to justify and convicted separately, although the other party or parties to the con­ the United States in failing to enforce its own laws to protect the circulation spiracy are not indicted or convicted. ·of the coin which it issues. . SEC 5. That any person who shall. within the limits of the United States It is very true that while Congress at an early day passed criminal laws or any place subjecrt to the jurisdiction thereof, by spoken words, or by writ­ to punish piracy with death, and for punishing all ordmary offenses against ten or printed words, uttered or published, threaten to kill or advise or conn­ person and property committed within the District of Columbia, and in sel another to kill the President or Vice-President of the United States, or forts, arsenals, and other places within the exclusive jurisdiction of the any officer thereof upon whom the powers and duties of the office of Presi­ U nited St.'\ tes, it was slow to pass laws protecting officers of the Government d ent of the United States may devolve under the Constitution and laws, shall from pel'sonal injuries inflicted while in discharge of their official duties be punished by imprisonment not exceeding ten years. within the States. This was not for want of power, but because no occasion SEC. 6. That any person who shall willfully and kno~ingly aid in the es­ had arisen which required such legislation, the remedies of the State courts cape of any person guilty of either of the offenses mentioned in the fore~oing for p ersonal violence having proved sufficient. sections shall be deemed an accomplice after the fact, and shall be puniShed as if a principal, although the other party or parties to Baid offense shall not These decisions make it perfectly clear that the House bill sub- be indicted or convicted. stituted for that of the Senate goes as far as Congress· constitu- The question naturally arises, Why so carefully point out in the tionally can go in punishing offenders against the person of the statute the times and the circumstances under which the act consti­ P resident of the United States, the Vice-P resident, or those offi- tuting the offense is committed? Many will say offhand and with­ cars in line of succe~sion . That is, that vye c~m no~ constitution- out examination or special consideration, that the courts of the ally _enac_t a. statute ill general terms m~killg 1t a crrme t? ~ssault United States would only assume juTisdiction of and punish those or kill Withill a.~tate the officers me~tioned .. The P ~'OVlSlons of offenses within its jurisdiction even if the Senate bill embraces · the H ouse substt.tute. for the Senate bill relating to th1s branch of acts not within the Federal jurisdiction and is enacted into law. the proposed legJslation are as follows:• . . . That the couFts of the United States would not punish or under- That any pe~·son who unla~lly,purposely, .and knowmgly kills the?resi-~ take to plmlsh a person who should assault or kill one of the dent of the Uruted States while he IS engaged m the performance of his offi- ffi · l d un1 th ff 1 1 · · · · cial duties._ or because of his official character, or because of any of his official 0 . C. ~a S name . 6SS e 0 ense were C ear "f Within the JUriS- acts or omiSSions, shall suffer death. d1ct10n of the Umted States to define and puniSh. SEq. 2. Tha:t any person w:ho unlawfully, purposely, and kno~gly kills The insuperable difficulty with this proposition is that where the VICe-President of the Uruted States. or any officer of the Uruted States · · di · , l · · l · ' · entitled by la'Y to s~cceed ~o the Presidency ~hile ~e is engaged in the per- J?-1~18 ct10~ to enact a aw ~ s illVO ved, any l!l'w IS unconstltu~ formance 0;f his o:!fiCial duties, to commit either of the offenses mentioned in sections 1, 2, 3, 4, and 5 of this 0 lS 0 . Cl U es. . . act shall be deemed a principal offender. In Umted States v. Harris (106 U . S., 629) 1t was held that sec­ . SEc. 7. That any pe~son who knowingly harbo::si conce!tls., or aids, ~th tion 5519 Revised Statutes of the United States is unconstitutional. mtent that he may av01d or escape fro¥'- arrest, tna , conVIction, or puniSh- Th t ' ti . d f 11 · . ' ment, any person who has comnntted either of the offenses mentioned in the a sec on I ea S as 0 ows. preceding sections of this act shall be imprisoned for not less than one nor If two or more persons in any State or Terrritory conspire or go in dis- mora than twenty-five years. · guise upon the highway or on the premises of another for the purpose of de- SEc. 8. That any person who advocates, advises, or teaches the duty, neces- priving, either directly or indirectly, any :person or class of persons of the sity or propriety of the unlawful killing or a ssaulting of one or more of the equal protection of the laws or of equal pnvileges or immunities under the officers (either of specific individuals or officers generally) of the Govern- laws, or for the purpose of preventing or hindering the constituted authori­ ment of the United States, or of the government of any civilized nation, ties of any State or Territ-ory from giving or securing to all persons within because of his or their fficial character, or who o:penly, willfully, and d e- such State or Territory the equal protection of the laws, each of uch per­ liberately justifies such killing or assaulting, with mtent to cause the com- sons shall be punished by a fine of not less than $500 nor more than $5,000, or mission of any of the offenses specified in the first nine sections of this act, by imprisonment, with or without hard labor, not less than six months nor shall b 3 fined not less than $500 nor more 'than 85,000, or imprisonment not more than six years, or by both such fine and imprisonment. less than one nor more than twenty years, or both. . Th t ( 637) SEc. 9. That any person who conspires with any other person or persons, e cour Eays P.· : or requests, advise or encourages anyotherpersonor persons to unlawfully Section 5.519, according t<> the theory of the prosecution and as appears by assarut or kill, within1 or without the United States, the chief executive or its terms, was framed to protect from invasion by private p er ons the equal chief magistrate of any other civilized nation having an organized govern- privileges and immunities under the laws of all p er on 3 and classes of per­ ment, because of his official charactei~ shall be punished as follows: If an at- sons. It requires no argument to show that such a law oon not be fotmded tempt to commit such ac\ is made ana the death of any person results there- on a clause of the Constitution who e sole object is to p rotect from denial or from, such offender shall uffer death. If such attempt does not result in abridgment, by the United States or States, on account of race, eolor, or death, such offender shall be fined not less than $500 nor more than $5,000, previous condition of servitude, the right of citizens of the United States to or be imprisoned not less than five nor more than twenty-five years or both. vote. If such a ttempt is not made, such offender shall be fined not less than S.'}()() • h 1 · · ted h h 1 · 1 · nor mora than $5,000, or be imprisoned not less than one nor more than five It 18, owever, strenuous y illSlS t at t e eg1s atwn under years, or both. · consideration finds its wan-ant in the first and fifth sections of SEc. 10. That this act shall apply to all offenses hereinbefore specified the fourteenth amendment. The first section declares: when committed within any State or other place subject to the jurisdiction of the United States. .All persons born or naturalized in the United States and subject to the SEc. 13. That in all prosecutions under the provisions of. the first seven jiD'isdiction thereof are citizens of the United States and of the State wherein sections of this act it shall be presumed, until the contrary is proved, that they reside. No State shall make or enforce any law which shall abridge the President of the United States. or the Vice-President of the United States, the privileges and immunities of citizens of the United States, nor shall any or othor officer of the United States entitled by law to succeed to the Presi­ State depnve any person of life, liberty, or property without due process of dency, as the case may be, was, at the time of the commission of the alle?:ed law, nor d eny to any person within its juriSdiction the equal protection of offense, engaged in the p erformance of his offic.ial duties. N ot.hing in this the laws. act contained shall be construed as an admission or declaration that there is The fifth section declares '' the Congress shall have power to en­ a time when either of such officers, during the tenure of his office, is not en­ gaged in the p erformance of his official duties. force by appropriate legislation the provisions of this amendment.'' The court further says (pp. 638-642) : The provisions of the Senate bill for which these are a substi­ When the case of the United States v. Cruikshank came to this court the tute are .as follows: same view was taken here. The Chief Justice, delivering the opinion of the That &ny p erson who shall, within the limits of the United States or any court in that case, said: • The fourteenth amendment prohibits a State from place subject to the jurisdiction thereof, willfully and maliciously kill or depriving any person of life, liberty, or property without due process of law, causa the death of the Pre ident or Vice-President of the United States, or or from denying to any person the eq_ual protection of the laws; but this pro­ any officer thereof upon whom the powers and duties of the President may vision does not add anything to the r1ghts of one.citizen against another. It devolve under the Constitution and laws, or who shall willfully and mali­ simply furnishes an additional guaranty against any encroachment by the ciously cause the death of the sovereign or chief magistrate of any foreign State upon the fundamental rights which belon~ to every citizen as a mem­ country, hall be puni hed with death. ber of society. The duty of protecting all its citizens in the enjoyment of an SEc. 2. That any person who shall, within the limits of the United States equality of rights was originally assumed by the States, a,nd it remains there. or any place subject to the jurisdiction thereof, attempt to commit either of The only obligation r esting upon the United States is to see that the States the offenses mentioned in the foregoing section shall be punished with death. do not deny the r ight. This the amendment guarantees, and no more. The SEc. 3. T hat any person who shall, within the limits of the Unit~d States power of theNa tional Government is limited to this guaranty." (92 U.S., 542.) 1902. CONGRESSIONAL. RECORD- HOUSE. 6239

The language of the amendment does not leave this subject in doubt. harm to so specify in the act. On the other hand, it will do harm When the t:;tate has been guilty of no violation of its provisions; when it has not made or enforced any law abridging the privileges or immunities of citi­ and destroy the law to make it so broad in its terms that it may zem of the United States; when no one of its departments h as deprived any inClude an act not within the power of Congress to punish. If person of life, liberty, or property without due process of law, or denied to we .spread our net so broad that it may catch all offenders within any person within its jurisdiction the eqlh'll protectie effect to this rule, however, the parts-that which is constitutional can not be authorized by the amendment which simply prohibits slavery and and that which is unconstitutional-must be capable of separation, so that involuntary servitude. each may be read by itself. This statute, considered as a sl.atufte punishing conspiracies in a State, is Those provisions of the law, which are broader than are war­ not of that character, for in that connection it has no parts within the ranted by the article of the Constitution by which they are sup­ meaning of the rule. Whether it is separable, so that it can be enforced in posed to be authorized, can not be sustained. n. Territory, though not in a State, is quite another question, and one we are not now called on to decide. It provides in general terms for the punish­ Upon this question United States v. R eese (92 U. S., 214) is in ment of all who conspire for the purpose o:11ldepriving any person or any point. In that case this court had under consideration the con­ class of persons of the equal protection of the laws or of equal privileges or stitutionality of the third and fourth sections of the act of May immunities under the laws. A sins-le provision, which makes up the whole section, embraces those who conspu·e a~inst citizens as well as those who 31, 1870, chapter 114. now constituting sections 2007, 2008, and conspire against aliens, those who conspire to deprive one of his rights under 5506 of the Revised Statutes. The third section of the act made the laws of a State and those who conspire to deprive him of his rights it an offense for any judge, inspector, or other officer of e]P.ction, under the Constitution, laws, or treaties of the United States. The lilnita­ tion which is sought must be made, if at all, by construction, n ot by separa­ whose duty it was, under the circumstances therein stated, to re­ tion. 'f·his, it has often been decided, is not e:tJ,ough. ceive and count the vote of any citizen, to wrongfully refuse to receive and count the same; and the fourth section made it an of­ Thus, in United States v. Reese (92 U.S., 214), the indictment fense for any person, by force, bribery, or other unlawful means, was again t two of the inspectors of a municipal election in Ken­ to hinder or delay any citizen from voting at. any election, or tucky, under sections 3 and 4 of the act of 1\Iay 31, 1870 (chapter from doing any act required to be done to qualify him to vote. 114, 16 Stat., 140), which provided in general terms for the pun­ The indictment in the case charged two inspectors of a mu­ ishment of inspectors who should wrongfully refuse to receive the nicipal election in the State of Kentucky with refusing to receive vote of a citizen when presented under certain circumstances and and count at such election the vote of William Garner, a citizen for the punishment of those who by unlawful means hindered or of the United States of .African descent. It was contended by the delayed any citizen from doing any act required to be done to defendants that it was not within the constitutional power of qualify him to vote or from voting at any election. There was Congress to pass the section upon which the indictment was nothing in either of the sections to limit their operation to are­ based. The attempt was made by the counsel for the United fusal or hindl·ance ''on account of the race, color, OT previous con­ States to sustain the law as warranted by the fifteenth amend­ dition of servitude' of the voter, and it was held that they were ment to the Constitution of the United States; but this court held unconstitutional, because, on their face, they were broad enough it not to be appropriate legislation under that amendment. The to cover wrongful acts without as well as within the constitu­ ground of the decision was that the sections referred to were broad tional power of Congress. An attempt was made there as here enough not only to punish those who hindered and delayed the to limit the statute by construction, so as to make it operate only ·enfranchised colored citizen from voting, on account of his race, on that which Congress might rightfully prohibit and punish, but color. or previous condition of servitude, but also those who hin­ to this the court said (p. 221) : dered or delayed the free white citizen. The coul't, speaking by For this purpose we must take these sections as they are. We are not able to reject a part which is unconstitutional and retain the r emainder, because the Chief Justice, said: it is not possible to separate that which is unconstitutional, if ther e be any It would certainly be dangerous if the legislature could set a net lar~e ·su ch, from that which is not. The proposed effect is not to b e attained by enough t9 catch all possible offenders and leave it to the courts to step ins:de 1 0 and say who could be rightfully deta.ined and who should be set at large. ~.f:';~tr-t~u;r~ ~~~~~\~~~~~~cl{~~~~:e ~e ~~:~~ s~' ~~~£{~~~~ This would, to some extent, substitute the judicial for the legislative depart­ or fall all together. The language is plain. There is no room for construc­ ment of the government. The courts enforce the legislative will, when as­ tion, unless It be as to the effect of the Constitution. The question, then, to certained, if within the constitutional grant of power. But if Congress steps be determined is whether we can introduce words of limitation into a penal outside of its constitutional limitation and attempts th..

a crime to unjustifiably kill the President of the United States Mr. CRUMPACKER. Upon that question of fact. It is not when the act is committed within a State. a presumption of law? If the President on a fishing trip in the Adirondacks (in his Mr. RAY of New York. We declare it to be a presumption of hoine State) should engage in a personal quarrel with his guide law. (ignorant of his official character) and in the affray be unjusti- Mr. CRUMPACKER. Prima facie. fiably killed, the only grotmd upon which Federal jurisdiction Mr. RAY of New York. It is an absolute presumption unless could be invoked is that the President was a Federal officer, clothed he can prove to the contrary; that is, prove that the President was Jwith Federal power, and constructively engaged in the discharge nnt engaged in the discharge of his official duties. . of the duties of his office when killed. No one would claim for Mr. CRUMPACKER. Why does the section provide that it an instant that the Pre ident was at such time performing an offi- shall be presumed until he proves to the contrary? cial act, for nothing could be further from the truth. Nor could Mr. RAY of New York. Do you admit that there is a time it be claimed he was actively engaged in the discharge of his offi- when the President is not engaged in the performance of official ·cial duties. The law enacted by this Congress for the protection duty? of the President should be surely constitutional and not experi- 1\lr. CRUMPACKER. In the technical sense and meaning of mental. If we make the act general in its terms, and the sup- that term, I say yes. posed case presents a time when the President is not engaged in Mr. RAY of New York. That section of the bill says it is an the discharge of his official duties, the law would be unconstitu- absolute presumption of fact 1.mtil the contrary is proved. From tional, for it takes into the net those we may constitutionally the other standpoint there 1.;3 a time when the courts can not pun­ punish and those of whom we have no juri diction. Under such ish a man who slays the President if he slays him at the particular a law the person who in a State should openly kill the President time when he is not so engaged, and not because of his official because he is President, and while he was engaged openly in dis- character or because of official acts or omissions. charging an official act, could not be punished. Mr. CRUMPACKER. I do not agree with that statement. I Nor should we hesitate to insert these words of limitation and think the assassination of the President is always a crime against specification for fear that their insertion will impose a burden of the Federal Government. proof on the Government it would otherwise not have to sustain, MI·. RAY of New York. Why? or that such words will raise a question of fact for the jm·y when Mr. CRUMPACKER. Because the President is the con titu- otherwise there would be none. tional means of carrying on its operations and the a sa sination In administering and enforcing the criminal laws of the United of the President of the United States at any time anywhere, or States the jury is not judge of the law and of the facts, but must regardless of what he may be doing, deprives the Federal Govern­ take tbe law from the com·t and is sole judge of the facts. m ent of the constitutional agency of carrying on and executing .As matter of law the President is or is not always engaged in its laws. Therefore I think that we have abundant power to the performance of his official duties. If he always is so engaged, make it a crime 'vithout regard to limitation. the court would so charge the jtuy,and all the proof necessary on Mr. RAY of New York. That might be a convincing argu­ this point would be that the per on killed wa.s acting as such gen- m ent were it not opposed to six or eight decisions of the Suprome erally, either de facto or de jure. Court of the United States. As an argument without any au- If he is not always so engaged and it could not be shown he was thority, every man would say offhand that the Government has killed because of his official character or becau e of his official the power to protect itself, must have the power necessarily to acts or omissions his sla,er would not be punishable under this punish any man that kills one of its agencies, whether he resists law or any the Congress of the United States can make when the or intends to resist the Government or not; but unfortunately act is committed in a State. The moment you concede it may for the gentleman's po ition, the Supreme Court has repeatedly, become a question of fact for a ju:ry to decide whether or not the over and over again, determined the law to be otherwise. The President was at a given time engaged in the discharge of his j element of infringing the sovereignty of the United States must official duties you concede that these words of limitation in the come in. law are absolutely essential to its constitutionality. As repeat- I J\1r. CRUMPACKER. Let me just simply state that my in­ edly stated and decided by the Supreme Court, Federal jw·isdic- terpretation of all these decisions is that they h ave never de­ tion attaches because he is so engaged, or when he is killed cided upon this proposition yet. No such statute has ever been b ecause of his offic;.ial character or because of some official act or · sent up. omission, when the killing takes place within a State. . l\11·. RAY of N ew York. I will tell you the reason for that, and In re Neagle (135 U.S., 1) there was no pretense that the Con- I have already read that. I read from Justice Clifford's opinion gress had passed any law defining "the peace of the United gi en in one of the cases cited. He said, ';No sane man.' The States" or forbidding or punishing the killing of a justice of the reason why no such statute had ever been passed was that " no Supreme Court when such killing occurs within a State or a mm·- sane man had ever made such a contention, and no sane man ever derous assault on such officer when committed within a State. would. ' That is the substance. The Supreme Court proceeded to define what constitutes a breach Now, right here I hold the case In re Neagle in my hand, where of the peace of the United States under the Constitution of the the court a dozen times and over, in defining the peace of the United States irrespective of any statute when such breach of that United States and the power of the Congress of the United States, peace is alleged to have occurred by reason of an assault on an says that that peace is offended against and the United States has officer of the United States. The com·t held that such peace of jm-isdiction when the officer is killed while engaged in the per­ the United States in such cases is broken when the assault is formance of his duty; and they go on here F.ith two pages and a made while the officer is engaged in the performance of his offi- half of printed opinion to prove that Justice Field was, when cial duties, and the learned justice writing the opinion proceeded eating his dinner on his way from holding one of his courts to at length to prove that Justice Field was so engaged-a waste of hold another, engaged in the performance of his official duties, time and of words had it been supposed by the court that the which fact would give the United States jurisdiction. peace of the United States is or can be broken when he is not so Now, do you suppose these seven or eight dignified and learned engaged or when the attack is not because of the official charac- judges would have taken all that time and all that space to prove ter or becau e of some official act or omission. that Justice Field was engaged in the performance of his official Mr. CRUMPACKER . Will the gentleman allow me to inter- duty and therefore the United States had jurisdiction if the sim- rupt him? pie and conceded fact that Justice Field was an officer of the Mr. RAY of New York. Why, certainly. United States, a constitutional officer, was all that was necessary Mr. CRUMPACKER. Does not the section just read make the to show such jurisdiction? I say clearly not. Now, here is what question relate to the fact as to whether the President at the time the judges say: It is that there is a peace of the United States, of his alleged assas ination was engaged in the discharge of his and that it is, disturbed when a man assaults a judge of the official duties? United State while engaged in the discharge of his official duties, 1\Ir. RAY of New York. Certainly not. It is a fact. I say it and that in such a case the marshal of the United Stat~s may can not be made a question of fact. This section makes it a pre- interfere to protect the officer; and then the court repeats It over sumption of fact that there is no such time; and then we provide and over and aga~, t.ha~ t~e !act stated is an essenti~l - ele;ment . further than that that it shall be presumed that he is always The c.our~ based Its Junsdictwn on. the fac~ that Justic~ F1eld: a engaged in the performance of his official duty. constitutional officer, was engaged m the discharge of his offiCial Mr. CRIDIPACKER. I know it is understood it shall be pre- duties, not on the conceded fact that he was an officer. sumed that he is engaged in the performance of official duty until Indeed, this principle I have stated is elementary. In England the contrary is proven. Therefore it casts the burden of fact the statute 25 Edward III, chapter 2, defined treason. Under upon the prosecution in that class of prosecutions. that statute it wa.s treason- M;:. RAY of New York. It casts the burden upon the de- When a man doth compass or imagine the death of our lord the King, or fendant. our lady his Queen, or of their eldest on and heir. Mr. CRUMPACKER. Casts the burden upon the defendant? Under this statute it was held no treason to kill the Kingwhen Mr. RAy of New York. Yes. he was not in the possession of the Government or acting as King. 1902. CONGRESSIONAL REOOR.D-HOUSE. 6241

(2 Sharswood Blackstone's Commentaries, book 4, chapter 6, these offenses should be defined and punished all admit. That p. 379 (77).) The same statute made it treason- the penalties are not too severe is conceded. We can not safely If a man slay the chancellor, treasurer, or the King's justices of the one treat all these officials as on an equalit~r under our Constitution, bench or the other, justices in eyre or justices of a&size, and all other justices for their constitutional status and powers are widely different. assigned to hear and determine, being in their places and doing their offices. The bill provides for the punishment: To kill them under other circumstances was as the killing of (1) Of those who unlawfully, purposely, and knowingly kill or any other subject. (Id., p. 385 (84).) So felonies against the attempt to kill the President or the Vice-President, or any officer King's council were defined to be (Stat. 9 Anne, c. 16, 2 Shar. of the United States entitled by law to succeed to the Presidency, Bl. Com., c. 7, book 4, p. 101): "To assault, strike, wound, or at­ or any ambassador or minister of a foreign government accredited tempt to kill any privy counselor in the execution of his office." to the United States and being therein, or who assaults either of These statutes came to be the common law of the colonies and these officers, except such foreign ambassadors and ministers, of the States except as changed by statute, and hence by adoption with intent to inflict great bodily harm, when he is engaged in the common law recognized by the courts of the United States in the performance of his official duties, or because of his official administering and construing the criminal laws, although it character, or because of an official act or omission, when such must not be supposed there is any common law of the United crime is committed within any State or other place subject to the States, for it has been repeatedly held there is not, except as it jurisdiction of the United States. (Sees. 1-5). has been adopted by statute. • (2) Of acceswries to such crimes before and after the fact, and In any event, the new section (s-ection 13) removes all questions those who "openly, willfully, and deliberately justify" such kill­ and puts the burden of proof where it belongs. ing or assaulting of either of such officers with intent to cause a As to t.he President, I am very decidedly of the opinion that he repetition of the commission or the commission of either of such is always constructively engaged in the performance of his official crimes. (Sees. 6-8.) duties. (3) Of those who advocate, advise, or teach, generally or spe­ 1. The executive power is vested in him. cifically, the duty, necessity, or propriety of killing or assaulting 2. He is Commander in Chief of the Army and Navy. one or more of the officers of the Government of the United States 3. He has the pardoning power. or of the government of any civilized nation because of his OJ" their 4. He, with the advice and consent of the Senate, makes treaties official character, or who conspire within the United States, or which, when ratified, have the force of law and are the supreme request, advise, or encourage another to assault or kill anywhere law of the land. ·the chief ruler of any civilized nation having an orgamzed gov­ 5. He fills vacancies in certain offices at certain times. ernment, because of his official character. (Sees. 8, 9.) 6. He is commanded to '' take care that the laws be faithfully The enactment of the statute proposed will not prevent a State executed." (Art. 2, sees. 1, 2, 3.) from punishing the offense of killing or assaulting the President Charged with these and other duties which call for unremitting or any of the officers referred to when the offense .is committed and constant attention, how can it be said that the President is within such State, unless the Federal authority sees fit to inter­ not always engaged in the performance-that is, in and about the pose. I_t is well settled that when an act offends against both the discharge-of his official duties? True, he may do other things State and National sovereignty either, and sometimes both, may while so engaged, but we can not indulge in so much refinement punish. as to say that the President, while partaking of his meals or walk­ (United States v. Cruikshank, 92 U.S., 542-550.) ing or riding for recreation or amusing his children, is not at the (Cross v. North Carolina, 132 U.S., 131-139.) same time engaged in the performance of his official duties. (U.S. v. Marigold, 9 How. , 560-569.) True, the acts mentioned are not official acts, but he does not (Fox v. Ohio, 5 How., 410-433.) cease to be officially acting even then. (In re Neagle, 135 U. S., (Moore v. illinois, 14 How., 13-19.) 1, 55-56.) (Ex parte Siebold~ 100 U.S., 371-390.) So, should such a thing occur, if the President is engaged in a (Brown on Jurisdiction, sec. 88, 89.) personal quarrel as to some private matter, while that act is not In the Cross case (supra) the court said: an official act, he is still in and about the performance of his The argument ii1 behalf of the plaintiffs in error fails to give effect to the­ official duties as President. As to the Vice-President and mem­ established doctrine that the same act or series of a-cts may constitute an. bers of the Cabinet no such claim can be ma-de. The Vice-Presi­ offense equally against the United States and the State, subjecting the guilty dent can not act until Congress meets. His constitutional duty party to punishment under the laws of each government. is to preside over the Senate. Heads of Executive Departments, In United States v. Marigold (supra) the court said: our Cabinet officers, are recognized by the Constitution, but they The same act might, as to its character and tendencies and the consequences· are created by laws of Congress. · it involved, constitute an offense against both the State and Federal govern­ ments, and might draw to its com:miasion the penalties denounced by either, The Vice-President has no legislative or judicial power. No as appropriate to its character in reference to each. part of the executive power is vested in him .. That is vested in the President. He can do nothing officially and has no duty to Therefore the enactment; of this bill into law will not deprive perform when the Senate is not holding its sessions. a State of the right to arrest and to punish tmder its laws any Therefore if the Vice-President is assaulted or killed at a time person who commits an offense specified in the first nine sections. when the Senate is not holding sessions-that is, before Congress of the bill, provided such State has a law punishing the acts meets, or between the long and the short sessions-such assault or specified as crimes against the State. killing is not committed while he is engaged in the performance The limitations are necessary to the constitutionality of the· of his officia"'t. duties; and if such offense is not committed because bill. The thirteenth section provides a rule of evidence placing the­ of his official character or because of some official act done or burden of proof on the criminal to show, if he can, that the offi­ omitted, there is no element of resistance to the authority or sov­ cer assaulted or slain was not attacked under circumstances giv­ ereignty of the United States and no jurisdiction in the courts of ing the Federal Government jurisdiction of the offense. That the United States to punish the offense when. committed within a section also declares that nothing contained in the law shall be State. Such an act would be a breach of the peace of the State construed as an admission or declaration that there is a time and not of the United Statos. · when either of the officers named, during his tenure of office, is. The State has sole jurisdiction of such offense, a jurisdiction it not engaged in the performance of his official duties. has not surrendered to the Federal Government, and therefore That section is as follows: SEC. 13. That in all prosecutions under the provisions of the first seven. one the Congress can not confer on the Federal courts. sections of this act it shall be presumed, until the contrary is proved, that Substantially the same reasoning applies in the case of Cabinet the President of the United States, or the Vice-President of the United officers. States, or other officer of the United States entitled by law to succeed to the What we want is safe constitutional legislation-legislation that Presideng, as the case may be, was, at the time of the commission of the, will stand the test of the courts should a case arise under the law f:itfsd ~ct=t&~~~~~~~nb~h~:i~~~~~c:n°!d~~~~~;. ~~~~~at~~~{ placed on the statute books. We trust such a calamity as the there is a. time when either of such officers, durin~ the tenure of his office, is. murder of our President will never again befall tbis nation; we not engaged in the performance of his official duties. trust that no assault will be made upon him or upon the Vice­ Therefore all the Government will have to prove is that the ac­ President or any officer in line of succession to the Presidency, cused killed or assaulted, as the case may be, one of the officers but should occasion to invoke a Federal statute arise, may the one named. The presumption is that the assault was not justified o1· written on the statute books by this Congress be found constitu­ excusable; that the officer was engaged in the performance of his. tional, adequate to the emergency, and efficient. official duties; that there could be no time when he was not so en­ This bill will meet these requirements. It is humane and con­ gaged. Should itbe proved or established that he was not soan­ servative. It has been submitted to and has stood the test of gaged-impossible in the case of the President-still should it ap­ newspaper criticism and of legal castigation. It commends itself pear that the attack was made on the officer because of his official to all thinking. sober-minded, patriotic people. It meets no oppo­ character, or because of some official act done or omitted, the of­ sition except from those who oppose the granting of power to fender would be within the law and the jurisdiction of the Federal Federal courts to punish offenses committed within a State. That CotU'ts. . • XX.XV-391 6242 CONGRESSIONAL REOORD-HOUSE.

By no possibility can one who offends the sovereignty of the it asserts a claim to concurr ent jurisdiction, which, if valid, would overthrow United States escape its jurisdiction. the fundamental assumption upon whlch the present State system is founded. The provision of the Senate bill providing as follows, '' or who See also Wheaton's International Law, section 113. shall willfully and maliciously cause the death of the sovereign The mere assertio:r;t of such a jurisdi?tion by one nation against or chief magistrate of any foreign country shall be punished with another would constitute a most offensive and unwarranted inter-· death," is clearly unconstitutional. Such offense of causing the ference with her internal affairs and government. death of a foreign ruler is not con.ffued to acts committed in the What would we say to England, or Russia, or Germany, or United States or on the high seas. F rance should she give refuge to the assassin of om· President Such an offense when not committed within the jurisdiction of the assassin being a citizen of the United States, try and con ~ the United States or its territory is beyond our criminal jurisdic­ demn him for the offense, and imprison him for five or ten years? tion and solely an offense against the municipal law of the nation Concede such jurisdiction under the law of nations and one nation where committed, if committed within the domain of a foreign might set a premium on the murder of the ruler of another. Ac­ State, because not committed by a citizen of the Uniteq States quittal in the one jurisdiction would acquit in all. Punishment againstanothercitizen. (UnitedStatesv. ThePirates, 5Wheaton, in the one, however slight, would be a bar to prosecution for the 184, 192-197; speech of John Marshall in H. R., same book, ap­ same offense in another because an offense against the law of pendiX; International Public Law, Taylor, sec. 194; sec. 187, p. nations. Not an offense against the law of one nation on one 233; Wheaton's International Law, chapters 1 and 2; also sec. ground and the law of another on another ground. Piracy is a 113.) crime against the law of nations, because denounced by all Chris­ Such an offense as is specified in the Senate bill is not an offense tian civilized nations. Pirates are outlawed of all nations; are against the law of nations. That provision includes such an of­ not deemed citizens of any nation. (Wheaton's International fense if committed here, but not being so confined in terms it Law, sec. 124.) offends against the cases aheady cited. A crime committed on a ship belonging to a nation, wherever Whether or not the Congress of the United States may pass such ship lawfully may be, is cognizable by the nation to which laws punishing offenses against the persons of aliens residing here she belongs for the reason that she is deemed a part of the teni­ is a mooted question, but the following case is instructive and tory of that nation. (United States v. Rodgers, 150 U.S., 249, may be considered by some as decisive. It is the case of the forg­ 263,264. This overrules People v. Tyler, 7 Mich., 161; Justice ing of the notes of a foreign nation, the act being committed Brown and Justice Gray dissented. See also Ross v. Mcintyre, within the United States. (United States v. Arjona, 120 U.S., 140 u.s., 453.) 479.) In the last-named case, Ross, a subjectof GreatBritain,entered THE LAW OF NATIONS. the mercantile marine of the United States and became one of I do not undertake to state here the law of nations in its entirety, the crew of a vessel bearing our flag. He committed the crime but only so much as is applicable to the questions under discus­ of murder on that vessel while it was in the harbor of Yokohama, sion. In this regard the United States Supreme Court has held Japan, and was tried and convicted in the United States consular (United States v. Arjona, 120 U. S., 479-484) : court there. Held that the conviction was rightful. The law of The law of nations requires every national ~vernment to use "due dili­ nations is the usage of all civilized nations. (United States v. gence" to prevent a wrong being done within Its own dominion to another Arredondo, 6 Pet., 691.) nation with which it is at peace, or to the people thereof. All civilized nations do not punish offenses committed by the The United States can not compel a State to enact laws punish­ citizen of another nation in the territory of his residence. Few, ing such offenses, and hence Congress should act. (United States if any, do. England once did. She does so no longer. France v . .AJ:jona, 120 U.S., 487.) does not, nor does Germany or Russia. It is there said: The House substitute deals properly with this question. Under A ri~ht secured by the law of nations to a nation, or its people, is one that its provisions if one of our citizens goes abroad and commits a the Umted States, asthei·eprewentativesof this nation;,.are bound to protect. crime and returns, we will, in proper cases, surrender him to the Consequently a law which is necessary and proper to anord this protection is one that Congress may enact, because it is one that is needed to carry into offended sovereignty, or we will punish him here as we lawfully execution a. power conferred by the Constitution on the Government of the may. (Wheaton's International Law, sec. 113.) United States exclusively. There is no authority in the United States tore­ Under section 9 if a person conspires in the United States or quire the passage and enforcement of such a law by the States. Therefore the United States must have the power to pass it and enforce it requests, advises, or encourages another to unlawfully assault or themselves, or be unable to perform a dnty which they owe to another na­ kill within or without the United States the chief executive or tion, and which the law of nations has imposed on them as part of their in­ chief magistrate of any pther ?iviliz~d nation ha$g an organ­ ternational obligations. This, however, does not prevent a. State from, pro­ viding for the punishment of the same thing; for here, as in the case of ized government because of his official character, and is found counterfeiting the coin of the United States, the act may be an offense here, he is tried here, and if convicted, severely punished; pun­ against the authority of a State as well as that of the Unitea States. ished with death if a murder is committed anywhere pursuant to· Nor is it necessary that the law enacted by Congress in terms the consph·acy. The offense made punishable is committed here, define the offense as one against the law of nations, or to so state for it consists in the conspii·acy or the request, advice, or en­ or to declare it to be an· offense against such laws. (United com·agement to commit the crime. This provision fully serves States v. Arjona, 120 U. S., 488.) the purpose desii·ed and will tend to break up meetings here held The court there held: to encom·age the commission of crime abroad. There is no ques­ It remains onl;v to consider those questions which present the point tion as to the constitutionality of this provision. whether, in enactmg a statute to define and punish an offense against the Section 3 of the Senate bill provides that the criminal who aids law of nations, it is necessary, in order "to define" the offense, that it be and abets the killing of the officers named is to be imprisoned for declared in the statute itself to be "an offense against the law of nations." This statute defines the offense, and if the thing ma.de punishable is one a term not exceeeingtwentyyears. Bysection2thecriminal who which the United States are required by their international obli~ations to attempts to kill one of these officers and fails suffers death, but use due diligence to prevent, it is an offense against the law of nations. by section 3 the criminal who actually aids the actual killing of such Such being the case, there is no more need of declaring in the staru.tes that it is such an offense than there would be in any other criminal statue to de­ an officer can only be imprisoned for twenty years. We see no clare that it was enacted to carry into execution any other .particular power propriety in such legislation. In our judgment the criminal who vested by the Constitution in the Government of the United States. Whethe1· actually aids in accomplishing the actual death of the President the offense as defined is an offense against the law of nations depends on the thing done. not on any declaration to that effect by Congress. As has already is as guilty and deserves as severe a punishment as the one who been seen, it was incumbent on the United States as a nation to use due dili­ attempts to commit the crime but fails. We think he is more ~ence to prevent any injury to another nation or its people by counterfeit­ guilty. In all the States and in all civilized countries the one mg its money, or its public or quasi public securities. This statute was en­ acted as a means to that end, that is to say, as a means of p erforming a duty who aids or abets the commission of a crime iB made a principal which had been cast on the United States by the law of nations, :md it was offender. The proposed substitute does this. clearly appropriate legislation for that purpose. Upon its face, therefore.: Section 3 of the Senate bill provides that he who counsels the it defines an offense against the law of nations as clearly as if Congress haa in expr terms so declared. Criminal statutes passed for enforcing and killing of the President is to be punished by imprisonment not preserving the neutral relations of the United States with other nations were exceeding twenty years, and section 5 provides that he who coun­ passed by Congress at avery early date (June5, 1794, c. 50,1 Stat.L.t 381; June sels another to. kill the President by spoken words or by written 14, 1797, c. 1, 1, Stat. L., 520; March 3, 1817, c. 58, 3 Stat. L .. 3i0; April 20, 1818, c. , 3 Stat. L ., 447); and those now in force are found in Title LXVIT of the or printed words uttered or published shall be punished by im­ Revised Statutes. prisonment not exceeding ten years. We think it entirely imma­ These all rest on the same power of Congress that is he1;e invoked, and it terial, so far as the gravity of the offense and ihe punishment ha never been supposed they were invalid because they did not expressly ~J:.re that the offoru!es there defined_were offenses against the law of na.- that should be inflicted are concerned, whether the counsel be given by spoken, written, or printed words uttered or published It is perfectly clear that a foreigner who commits a Cl'ime or otherwise. In whatever manner the counsel is given the of­ against municipal government abroad and flees to the United fense is the same and the criminality is the same, and the punish­ States can not be tried or punished here for such offense either ment sho11ld be the same. by a State or the United States. Says Taylor, International Pub- :Mr. CRUMPACKER . Let me ask the gentleman a question lic Law, page 233 : · for infoi·mation. I reaC! the Senate bill, and my impression was When a State (nation) demands the right to punish a foreigner for a crimi­ that under the fu·st section the gentleman read the crime is in the nal act committed within the limits of another sovereignty before his arrival, counseling personally of some one to take the life of the P1·esident. "! 902. CONGRESSION~ RECORD- HO·USE. 6243

In another section it is made a crime, with· a-less penalty, if it stoc-kings-no othel' distinguishing mark-who may go to every. is done by spoken or written word, and that· means in a public house. und-el' secl'et instruction1> unknown even to the Presiden-t speech. which they are compelled to caiTy out, with orders perhaps-to Mr. RAY of New York. But it d'oes not say so. arrest you.. or me or any citizen. Theymaygo into these galleries, Mr. CRUMPACKER. That was the interpretation I gave it. and_ when. we leave the House may take us: into custodyupon the It may not bear that interpretation. theory that we have done something or said something tending Mr. RAY of New York. I will say to the gentleman that the to excite feeling aga.inst or endanger- the President of the· United trouble with his position is· the bill does not say so. · States. Mr. CRUMPACKER. That wa-s not my position, I read it with This is in exaet line with what was done in Fl'ance. It is in that in view, and I wanted to know if the gentleman thought the exact line with the establishment ortheold Swiss gilll.l'd. It is in Senate had succeeded in making that distinction? exact line, and indeed is copied after the laws of Rome, when she Mr. RAY of New York. No; the Senate has not made any established a Pretorian guard, which after some thl'ee hundred such distinction. To say in one section if I advise a. mail to do a years she was compelled to disband, such was the indignation of thing, and make my offense punishable by twenty years' imprison­ the people against it. [Loud:. and long-continued applause.] . ment, and in another section say if I do the same thing by words The House bill goes much further than the Senate-act in pro­ written or printed, uttered or spoken, a different punishment shall viding for the punishment of' that class of persons who seek to follow, what distinction have I made except in the punishment? accomplish the death of the President of the United: States. (See I have simply confused the human mind and made it impossible sees. 8, 9, 11, and 12.) for that mind to tell what-the legislature did mean. We punish those who advocate, advise, or teach the duty, Mr. CRUMPACKER. It is likely the text did not make the necessity, or propriety of the unlawful killing or assaulting of the distinction that I thought it intended to. President or any officer entitled by law to succeed to that high Mr. LITTLEFIELD. What did the gentleman from Indiana office. We punish also those who conspire or who request, advise, think about spoken words that were, uttered, and if they did not or encourage others to assa·ult or kill the chief executive of any happen to be uttered what would happen? [Laughter.] other civilized nation having an organized government. This Mr. CRUMPACKER. That is too utter for me. [Laughter.] will tend at least. to put an end to meetings in the United States Mr. RAY of New York. I have heard some of the uttered held for the purpose of teaching mUI'der. words and then I have here some of the printed words which We seek also to shut out- those who seek to enter this country later I will read, and I want to ask if you would make any dis­ and who are opposed to organized government. We also forbid tinction betweeru the spoken words uttered in a speech and the the naturalization of such persons. It may be difficult to enforce­ printed words as I will present them. The speaking is no worse these provisions. Those who hold these beliefs will conceal them than the printing, and the printing and circulating is damnable. as far as possible from the general public. If they repress these Section 6 of the Sen~te bill makes it a crime to aid in the escape beliefs entn·ely, no harm will come to anyone, but the· moment of a person guilty of killing the President or any of the other they begin to teach their doctrines they will be discovered and officers named. A person may knowingly harbor or conceal such may be apprehended, and if they have secured naturalization theil' offender with impunity. He is not guilty of an offense unless certificates may be annulled. there is an escape. This is at war with the laws of all the States The committee had some difficulty in selecting the· proper and with the laws of all civilized nations. · words to describe the killing of the President or other officers The proposed substitute makes it a crime to knowingly harbor, named. It finally selected those found in the proposed bill, be­ conceal, or aid such an offender with intent that he escape or cause easily understood and comprehensive~ Th~y were sug­ avoid arrest, trial, conviction", or punishment. This is as it gested by the Attorney-General of the Unii;ed States.. The killing should be. No encouragement should be given to those who must be unlawful; that is. not excusable or justifiable. The kill­ would harbor, conceal, or aid offenders against the law. ing must be purposely and knowingly done; that is, the offender Your committee is also opposed to section 7 of the Senate bill. must know what he is doing·and must purpose to kill. - That section ·authorizes and directs the Secretary of War to detail These words are equivalent to a killing with malice·aforethought, from the Regular Army a sufficient number of officers and men or to a killing with a deliberate and premeditated design to effect to guard and protect the person of the President of the United the death of the person slain. Members of thi-s House might well States. The Secretary of War is to p1·escribe and regulate the differ as to the language that ought to be used in this connection· dress of these soldiers. He is also to make special rules and regu­ as the laws of the various States differ in the·use·of language, but lations prescribing thekduty, and he. is only to publish such part the language used in the bill is the same in effect as that of "tlie thereof as he may deem proper. In other words, the Secretary of various States. The Senate bill attempts to exclude the idea that War may detail every man and officer in the Regular AI'my, a person may kill the President or one of the officers named in under the pretense of p1·otecting the President, dress them to suit self-defense on the theory that the President is the king; and that his fancy, and send them abroad among the people to act under the king can do no wrong. This proposition was· presented to secret orders. •When such laws begin to operate in this Republic and argued before the· Committee on the Judieiary. That com­ liberty dies. mittee, however, was substantially unanimous in the belief that We are opposed to the proposition as unnecessary and as an en­ the President of the United States is but human and that he can croachment upon the liberties of our people. Such a law will ex­ do wrong. The committee was substantially unanimous in the cite ridicule with some and anger with the many. It will excite opinion that should the President of the United States so far for­ and encourage anarchy. The President as Commander in Chief get himself as to unlawfully assault a citizen with the intent to of the AI'IDy and the Secretary of Wa1· as his subordinate may commit grievous bodily harm, sueh citizen would be justified detail as many soldiers as may be necessary to guard the Pl·esi­ in defending himself by the use of all necessary force even to dent of the United States, and they may issue orders for their the taking of life. government and control while so acting. This is the law now, It is not presumed or supposed that the President of the United and we are opposed to the establishment of a secret service in the States or one of the officers named will ever be guilty of such an Regular Army further than is now authorized. We are not op­ assault, but there is no sound· reason for making any distinction posed to a proper addition to the secret-service force of the United in the definition of the crime of killing the President from that States. That force should be composed of men trained and skilled used in defining the killing of any citizen. His criminal acts are in that line of duty, and should act under orders from the Secre­ on a par with the criminal acts of any other person and should tary of the Tl'easury, as does the present secret-service force. be so h·eated in this Republic. Such a force will be much more efficient and effective in protect- It has been suggested that the law ought to provide that a per­ ing the President. . son who attempts to kill the President of the United States or I have no idea and make no suggestion that the. present Secre­ either of the officers named and fails ought to suffer death. The, tary of War would in any way abuse the privilege granted by committee did not sustain this contention, and I: for one, do not this bill. The President of the United States would sanction believe that such a law would be wise. nothing of the kind. Crime is restrained by the certainty, rather than by the sever­ But it ought not to be written upon the statute book; there is ity, of the punishment. There is a growing opposition to the in­ no necessity for it, no excuse for it, no wisdom in the proposition. fliction of the death penalty in any case. Conviction is more Mr. LITTLEFIELD. Let me call attention to the fact that certain when the punishment is imprisonment for life than when these rules and regulations may be kept secret by the Secretary it is death. There ought to be adistinction, and the bill makes a of War. distinction, in the punishment where the assault results in the Mr. RAY of New York. Certainly. death of the person ·assaulted and where death does not result. Ml'. LITTLEFIELD. The bill allows him to m~ke any kind of The one criminal is as bad as the other, but society is protected regulations that he pleases and to keep them locked in his own in both cases and the deterring effect of life imprisonment is be­ breast. lieved to be as great as the infliction of the death penalty. The Mr. RAY of New York. Yes; it provides that they shall not bill as it is will find favor with all and invite criticism from be given out unless the Secretary of War chooses. So that there­ but few. may be sent out twenty-five or fifty thousand men wearing black In England two hundred and fifty years ago nearly 300 offenses 6244 CONGRESSIONAL RECORD-HOUSE. JUNE 3, were punishable with death. The highway robber suffered death, "America," the Saviour calls, "Achieve your sacred mission the murderer suffered death, the common thief suffered death. With Bibles and the cannon balls In some cases, as treason, the convicted felon suffered death, and Of sanctified ambition.'' then his body was drawn and quartered. These punishments, So far we reach across the waves, instead of deterring crime, brutalized the people. Crime ran And for the Saviour JP"ab them; riot. It was when the lawmakers, seeing the bad effect of cruel And, as they won't agam be slaves, and unusual and excessive punishments, did away with the death For Christ we shoot and stab them. penalty in most instances that crime began to diminish. All his­ What if their wives for vengeance cry, Their hands in anguish wringing? tory teaches us that the bill as drawn is conservative, wise, and And starving orphans wail and die? efficient. We're them "to Jesus bringing." There are those who believe honestly that the enactment of this What if the bullets of the Cross bill into law will do more harm than good, so far as affording Thro' hearts of men are speeding? protection to the PI·esident and the other officers named is con­ And if its steel their bodies toss? cerned. It is contended that it selects out the officers named as We're but "for Jesus pleading." For liberty they basely die favorites for Federal legislation and Federal protection, and that With corpses gashed and gory, this will invite criminals who seek distinction as such to strike at But bravely are they butchered by these particular officials. The bearers of "Old Glory." There is some justification, in theory at least, for such a conten­ They call the Empire's ensign bright tion. We must remember, however, that since the foundation of A brutal tyrant banner; But Jesus sees our soldiers smite the Government we have had Federal laws for the protection of Them in a. Christian manner. many officials of the Federal Government while engaged in the And, ohl the bliss, the bliss complete, performance of their official duties, and we do not know of a sin­ To think the whole world sees us, gle well-authenticated case where the existence of these laws has When Dewey leads his valiant fleet invited or enqouraged the commission of crime. And gives the heathen Jesus! I now come to the discussion of those provisions in the bill They say we've Lexington forgot. which forbid entrance into the United States and the naturaliza­ The saucy sinners! damn them! But when to death their freedom's shot, tion when found in the United States of those persons who dis­ "With Christian love" we'll cram them. believe in or who are opposed to all organized government or who Their proud hearts throb with sinful wrath, are members of or affiliated with any organization entertaining But oft our shells have ripped them; and teaching disbelief in or opposition to all organized govern­ And Emperor McKinley hath ment or who advocate or teach the duty, necessity, or propriety To Jesus partly whipped them. of the unlawful assaulting or killing of the officers of any gov­ And when" to Jesus' arms they fly," ernment because of their official character. And humbly kneel and please us, Qf us they'll beer and bibles buy Such persons are found in foreign nations and such persons are And beef embalmed* for Jesus. coming year by year to the United States, and here unmolested Their gold they'll sweetly let us take, in most instances they hold their meetings and teach their dan­ When they've of sin repented; gerous and pernicious doctrines. It is time to put a stop to their And God they'll beg themselves to make coming. It is time to write upon the statute book a provision "With poverty contented." that will prevent so far as possible the naturalization of persons Then We and God will make a choice of this class. We therefore authorize the Secretary of the Treas­ For them of Lords and Bosses, And we'll command them to rejoice ury to make due inquiry and forbid entrance into the United In Christian Labor's "crosses." States of all such persons; a~d we further provide that due in­ We'll make our Malay converts sweat quiry shall be made of all persons seeking naturalization as to For U.S. corporations, their beliefs and affiliations in the particulars mentioned. We And load them with a crushing debt, make it a crime to knowingly aid or assist such a person to enter Like all the Christian nations. the United States. We compel all aliens to make oath when ap­ We'll shackle him who freedom asks, plying for naturalization that they are not of the class mentioned And ca:pture him who flees us; . and do not entertain such beliefs. If it is demonstrated that they And millionaires shall give them tasks, have sworn falsely, their certificates may be annulled and they And make them_jump for Jesus. The red hands of McKinley will may be punished for perjury. The Mala,y orange squeeze us; It has been said in the public press that these provisions will And we will suck, a.nd suck, until become a dead letter upon the statute book; that they can not be We've sucked it dry for Jesus. enforced; that persons entertaining these beliefs will readily com­ And if we're called a. canting set, mit perjury. All criminal laws are difficult of enforcement. And other nations tease us, In heaven golden crowns we'll get Usually it is difficult to discove1· and apprehend criminals. These For "suiiering for Jesus." facts, however, do not justify legislative bodies in nonaction. It *The correct diet for our Filipino converts is "embalmed beef"-"em­ is their duty to write appropriate and, so far as possible, effective balmed beef" like that upon which United States soldiers of "The Lamb" laws upon the statute books, and it is then the duty of the-execu­ recently starved to death in Cuba.· "Embalmed beef" will accelerate enor­ tive officers of government to enforce them so far _as possible. If mously their development into angels. persons of the class described evade the law and find entrance into the United States and remain silent, little harm will come to the Republic. But so soon as they shall begin their teachings A MILITARY BURIAL. they will be discovered and may then be apprehended and A warrior brave who fought with zest For Tyranny is dead; punished. We have not invaded the right of free speech as A bullet through the butcher's breast defined in the Constitution. Freedom of speech does not per­ For Liberty hath sped. mit the teaching of the duty, the necessity, or the propriety 'Mid loud hurrahs he marched to kill. of the unlawful assaulting or killing of officers of the Govern­ For crimson carnage keen; ment. And did his heartless hirers' will, Freedom of speech does not permit the advocacy of the commis­ · A slaughtering machine. A puppet in a cause of shame, sion of crime in any form, and when such teachings are aimed at the Upon the weak he warred; Government of the United States we have the constitutional right And made his country-'s flag and name to define such acts as crimes against the United States, and pun­ By hearts humane abhorred. - ish them accordingly. But now thro' avenues of gloom, During the sessions of the last Congress, and before the murder To martial morning's drums, Upon itsjourney to the tomb of our loved and lamented President, I received through the mail The killer's carcass comes. the following printed doggerel: Salutin~ cannons grandly boom A nation's last adieu, "THE PHILIPPINES FOR JESUS!" And oratory casts its bloom On him tO murder true. The heathen die on Luzon's sands1 "On Fame's eternal camping _gt"ound" BJ~:o~~l~~~;:,e~~~o~~~a=~ His "silent tent" is "spread," The Saviour's eyes are beaming. "And Glory guards with solemn round" Her savage butcher "dead." The Filipinos must have light. "The love of Christ" must fill them; And hence we've bought from Spain the right The one entitled "A Military Burial" had a black border, and To tax them and to kill them. both are signed" S. H. Randall, Wyoming, Ohio." I do not know 1902. CONGRESSIONAL RECORD-HOUSE. 6245

whether any such person asS. H. Randall resided at Wyoming, When any newspaper states that citizens of the United States Ohio, but some person at some place composed these vile senti­ do teach the right to assault officers of the United States engaged ments and they were printed at some place on some press and in the execution of their duty, and that they have the right so to mailed, presumably broadcast, throughout the United States. do, and that no law ought to be enacted that will infringe such Is the printing of such sentiments freedom of speech or freedom alleged right, it is time to curb the tendency to lawlessness and of the press? Ought such vile, sacrilegious, and wicked words to crime and such encouragement of lawlessness and crime. Every be printed and circulated in this land? American citizen has the right to criticise the law, to advoeate It is impos ible to know who received copies of this villainous the change or repeal, to express opinion on any subject at proper stuff or the effect it had on certain minds. It is known that a times, but no man, under the pretense of exercising his right 'few months the1·eafter the hand of an assassin struck down the of free speech or under the protection of alleged freedom of the President of this Republic. press, has the right to advocate or approve the commission of I invite attention to another article, printed May 6, 1902, and crime, for this disturbs the public peace and tends to subvert gov­ widely cireulated, in which it is stated: ernment. This has been repeatedly decided. (Black's Constitu­ There are hundreds of thousands of .A,merican citizens who would advocate tional Law, second edition, p. 541; 2 Story on the Constitution, the killing of the Sultan of Turkey or the Czar of Russia because of their third edition, sec. 1880.) official character. The first amendment to the Constitution provides that" Con­ Is this true? If it be true is it not time to interfere by law with gress shall make no law respecting an establishment of religion such teachings-the open advocacy of the commission of crime? or prohibiting the free exercise thereof, or abridging the freedom The same article says: of speech or of the press, or the right of the people peaceably to For about every other white man will url'dertake, with emphasis, to justify assemble and to petition the Government for a redress of griev­ running a negro postmaster out of town. ances.'' Is this statement true? If it be true is it not time to make a Some persons assume that this provision of the Constitution • law that will prevent such lawlessness? That there may be no was intended to sanction and authorize perfect freedom to· ex- " misapprehension, I insert the article entire. It is as follows: press any thoughts or teach any doctrines by words spoken or (Virginian-Pilot.-By the Virginian and Pilot Publishing Co~pany.-Tues- printed in public newspapers. This is a serious mistake. The . day, May 6, 1902.] amendment does not justify or protect slander or libel or the A BILL TO MON.A.RCHIZE THE REPUBLIC. speaking or publishing of words that encourage crime of any The act for "the protection of the President of the United States, and degree. This was the lawbefore the amendment of the Constitu­ other purposes "-chiefly other and quite ulterior pru·~oses-has been re­ ported back to the House of Representatives with some rmportant chan~es. tion was adopted, and that simply prohibits an abridgment of It is not in its present shape, however, less objectionable than the amaZing those rights as they then existed. It has been decided that Con­ measure passed by the Senate, and in some respects is even more drastic. gress may prohibit the carrying in the mails of any printed mat- Here is a sample section, to which we invite particular attention: "SEC. 8. That any persou who advocates, advises, or teaches the duty, ne­ ter it deems injurious to the public morals or the well-being of cessity, or propriety of the unbwful killing or assaulting of one or more of the people or that will, in its judgment, aid in the commission of the officers (either of specific officers or of officers generally) of the Govern­ crime. (In re Rapier (143 U. S., 110); see also People v. Croswell ment of the United States or of the government of any civilized nation be­ cause of his or their official character, or who openly, willfully, and deliber­ (3 Johns. Cases, 336, 365) as to freedom of speech and freedom of ately justifies such killing or aSEaulting, with intent to cause the commission the press.) of any of the offenses specified in the first nine eections of this act, shall be fined not less than $.')()') nor more than $5,000, or imprisoned not less than one It has been suggested that when Congress enacts a law for the nor more than twenty years, or both." protection of the President and of the officers in line of succession Now, that is ostensibly aimed at anarchists, but we say that under it hun­ to that office it oug-ht to embrace within the bill all officers of the dreds and probably thousands of good, native-born American citizens can be sent to the penitentiary for twenty years and fined $5,000 for a simple ex­ Government-Senators. Representatives in Congress, justices of pression of opinion. The bill is the most astounding assault upon the rights the Supreme Court, and others. of the citizen, the most brazen attempt to make the Federal courts the cen­ sors of public opinion that it is possible to imagine. There is no necessity for this, at least no present necessity. We say that under this act, had it been in force at the time of the Arme­ The aim of those who are opposed to all government is the head nian massacres, hundreds of reverend gentlemen might have found them­ of government; the head of national government because it rep­ selves behind the bars for twenty years for things they said about the Sultan resents government. The murder of President Lincoln was in­ of Turkey and the prime ministers of England and Germany. And this measure purports to be a bill for the protection of the President stigated by official acts done; that of President Garfield by an of the United States. omission or refusal to perform an official act. President McKinley What business is it of this countr¥ to protect a monarch on his throne or was assassinated because he represented government, not that he the Czar of Russia in his own domimons? To be sure, we do not believe any citizen can be punished under the Constitution of the United States for any represented a bad or a tyrannieal government, but government expression of opinion as to a forei~ ruler, but what business is it of Con­ irrespective of its character. If we do our duty as legislators we gress to attempt it? Why pass thiS law to harass the citizen? There are will write this law upon the statute books and provide means for hundreds of thousands of American citizens who would "advocate" the killing of the Sultan of Turkey or the Czar of Russia "because of their offi­ its enforcement by increasing the secret service force of the Gov­ cial character." Are these American citizens to be sent to the penitentiary ernment. for twenty years? What business of ours is it to protect monarchs and auto­ crats on their thrones? This country 'and its free institutions are a living A mere provision in the immigration laws that alien anarchists protest as-ainst monarchical governments. · shall not enter the United States and that they shall be deported There 18 another view of this matter that we commend to Congressmen when they do, while wise, is not sufficient~ We must reach with Southern constituents. A negro postmaster is an" officer of the Gov­ ernment." Negro postmasters are "officers generally." Under any provo­ those who knowingly aid or assist such persons to enter this coun­ cation to strike or assault a negro postmaster would be, under this proposed try or who conspire with others to procure their admission. We law, an offense deservin~ twenty years' imprisonment alike of the offender must prevent their naturalization so far as possible, and punish and of those who may "JUStify" the assault. Under this act about half the Southern population would be liable to find themselves in the penitentiary, all who knowingly procure or aid in procuring the naturalization for about every other white man will undertake with emphasis to" justify" of such person. This will make witnesses in naturalization pro­ running a negro postmaster out of town. ceedings cautious in giving evidence. The affidavit required by Section 9 of this bill, which should be entitled "An act to Russianize the United States," imposes the death penalty on any citizen who "encourages" the provisions of section 12 of the bill will be effective in prevent­ another to kill the chief executive of another country if such executive is ing the naturalization of improper persons, and a thorough ex­ really killed. If death does not result, twenty years' imprisonment is con­ amination of the witnesses in such proceedings on this particular sidered sufficient. Now, consider that word "encourage." After McKinley was assassin a ted certain rabid newspapers openly charged other newspapers subject will aid the discovery of organizations that teach the de­ with having" encouraged" his assassination and even with being responsible struction of government. · for it. We owe a duty to all foreign nations with which we hold diplo­ Under this act any American citizen who should be quoted in an inter­ view in the public press as saying that the Czar of Russia ought to be shot, matic relation to prevent the formation of conspiracies in the because he is a tyrant, would be liable to the death penalty if an assassin United States to encourage or perpetrate crime against govern­ should kill him and the fact could be established that the assassin had seen ment in foreign countries. A decent respect for the opinion of the interview in question. For, undoubtedly, that could be construed as en­ couragement. mankind demands this. If we would establish .and maintain What business is it of the American Government to protect foreign mou­ friendly relations with the powers of the world we must see to it archs or monarchs anywhere? But it is useless to go into all the particulars that our domain is not used as a harbor of refuge for murderers of this monstrous measure. We do not believe that any statute making such an assault upon the rights and liberties of the citizen; any measure vesting and assassins or a safe place in which murder to be perpetrated such power m the central Government and the Federal judiciary has ever abroad may be planned. We owe the same duty to foreign na­ passed either House of Congress before since the civil war. tions in this regard that a man owes to his neighbor. Our safety What are the Democrats in Congress thinking about, anyway, that they should have allowed this bill to get so far practically without opposition? and honor as a nation among the nations is involved, and these Have they lost their nerve completely? considerations amply justify the provisions of the bill relating to Are they cowed at the prospect of silly clamor that they favor anarchism, that subject. if they shall stand out against this infamous attack on the liberties of the Amencan people? Yom· committee is conscious of imperfections, and we are ham­ Did they exhaust their usefulness ·to their country and their party when pered somewhat by want of constitutional power, but, on the they repealed the sugar differential? whole, this bill will satisfy the public demand, repress crime, and Are the Republicans to be permitted to monarchize the country without opposition ana without protest? add to the dignity and security of the nation of which every Such would appear to be the Democratic Congressional programme. - American is justly proud. [Loud applause.] 6246 CONGRESSIONAL RECORD-HOUSE. JUNE 3t

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. I do not know that I shall be able to say anything new, but I want The committee informally rose; and Mr. SIBLEY having taken to call attention to some things old. the chair as Speaker pro tempore, a message from the President I desire to invite some inquiry into the ancient landmarks and of the United States, by Mr. R F. BARNES, one of his secretaries, the primal foundation principles upon whlch our great dual sys­ announced that the President had approved and signed bills of tem of government is constructed. I am one of those who hold the following titles: that there ought to be no obscuration of the respective lines of On June 2, 1902: · State and Federal power. I believe that when the founders of H. R. 1346: An act granting a pension to Adelbert L. Orr; and tills Government made it they drew aronnd the States the sacred H. R. 14.589: An act making appropriations to supply addi- circle of autonomy and inhibited the planting of any foreign or tional urgent deficiencies in the appropriations for the fiscal year aggressive footsteps within that reserved and consecrated domain . • ending June 30, 1902. I believe there are certain great powers reserved to the States, re­ On June 3, 1902: spectively, and the people, that have never been surrendered, have H. R. 13985. An act making appropriations for the Department never been delegated, but should forever abide with them. of Agriculture for the fiscal year ending June 30, 1903; There are different jurisdictions in our dual system. The H. R. 10995. An act to regulate the introduction of eggs of game fathers intended that there should be, and that the one should not birds for propagation; Wl'Ongfully encroach upon the other. I wish to arouse your att en­ tion to the fact that we are now proposing a new departm·e and R. 1418!). An act to permit the occupancy of the public- to repeat what has already been suggested, that we aTe, perhaps • .ting building by the Grand Army of the Republic; and unconsciously, affected in our action upon this innovation by the . R. 13168. An act to establish an additionallife-savingstation awful occurrence to whlch lieference has been made. Human ! Monomoy Island, Massachusetts. nature is a strange thing. We are influenced in various ways. TECTION OF THE PRESIDENT AND THE SUPPRESSION OF CRIME We are not always impervious to the effects of our surroundings, AGAINST GOVERNMENT. and peculiar environment may control conduct that would other­ wise be different. This new departure we are about to take is, in The committee- resumed its session. my judgment, inconsistent with our system of Government and JMr. LANHAM. :Mr. Chairman, I suppose there is no man in at variance with the established criminal jurisprudence of this the United State who more profoundly deplored the death of country, State and Federal. President McKinley than I did. He was a man for whom I enter­ If we go back into the eighteenth. century, shortly after this tained the very hlghest regard. Having served with hlm for wonderful and symmetrical fabric of republican. government" in many years upon the floor of this House~ I had an opportunity to these ends of the earth" had been established, we will find that know him well. We were personal friends. I believe I may in 1790 the Congress of the United States passed a statute on mur­ truthfully say that he was the sweetest spirited public man that der, defining the jm'isdiction o~ the Federal Governmen~, where I ever knew. I think I might go further and say that in his lifel it might be asserted and exerClSed, and expressly excluding that character. and achlevements he demonstrated as mnch of the jurisdiction from the limits of a State. Let me call your atten­ possibilitfes of typical American manhood as any citizen our tion to that old statute. " Inquire for the old paths and walk ye country has ever produced.. . in them." It is never a wise thlng to wander from original doc­ He went from private soldier in war to President in pea-ce. He trine.. It is dange1·ons. "Truth is eternal." What was true was a good man; a patriotic man. He was, more than all, a when the fathers founded the Government, what was sound in Christian. I believe that the greatest spiritual uplift that has principle th~, is true now. What was true in the days of Cicero­ been given to the cause of religion since the days of the- ancient and I shall quote from him directly-what was true before Christ, martyrs was his dying testimonial as to its divine reality. I be- is true anno Domini-is true to-day. . lieve that what he said when he declared "it is God's way; and If you will turn to section 5339 of the Revised Statutes, passed His will, not ours, be done/~ exhibited a spirit of Christian resig­ the 30th of April, 1790, under the caption "murder/' you will nation and was a tribute to the truth of religion surpassing any­ find this definition: thing that has ever been said in all the pulpits in the world. Every-pers~m who commits murd~r ~thin a.ny port, arsenal, docky~d, Mr. Chairman, we ought not as lawgivers to allow either om· ma~zine, or m any other place or district or country under the e:x:clrunve feelings of pe!.. sonal tenderness or sense of indignation to control juriSdiction of the United States. Second. Or upon the high ~a~, or in any. arm of the se~ .or h?- a~y ~iv:_er, what we may do in making statutes. Now, if we could calmly haven._sreek. basin, or bay W1thm the adnnralty and maritime JUrisdictiOn segregate from this discussion and subtract from our recollection of the united States- the lamentable assassination of our President, if we could for Listen, that I may accentuate this- the time being dispassionately put away from reflection the hor­ and out of the jurisdiction of any particular State, * * * shall suffer rible circumstances attending his untimely taking off, if we could death. subordinate sentimentality and the emotions of our hearts to the This old statute defines where the Federal jurisdiction obtains, dominion of our intellects, there would be no disposition., in my and declares where it shall not enter-where it begins and where judgment, to pass this bill in its entirety. . it shall end. In any place ceded. by a State to the United States There are certain features of the bill that meet my approval; the Federal Government also has authority, and if a murder or there are others that I can not support, and whlch, if retained, any crime, malt~.m in se or malum prohibitum, witJ::in .t~t ~er­ will cause me to vote against it. I know I am actuated by devo­ ritory be comnntted, the Federal Government has JunSdiction; tion to duty and convictions of principle in the opposition I shall but if it be within the territorial limits of a State and against the make. When I find myself confronted with any proposition peace and dignity of a State, obligated by every du~y "t? itself and whlch brings me in conflict with the judgment of my br~tln·en society and our dual system of government to mamtam law and on the J ndiciary Committee I always demand the countersign of order, the Federal Government has no right to go within that that proposition, because I have so long associated with them and State. "Thus far and no further," says the statute. The State I have such cordial regard for them personally, such a hlgh esti­ has the right to try and punish all murder committed withln its mate of their ability as lawyers, and so much confidence in their confines. Now, this is not only stated here, but it is emphasized · patriotism, that when I am compelled to disagree with them it elsewhere. I find under the chapter on crimes in the Revised at once challenges my thoughtful concern, and I inquire, Is it Statutes} defining piracy and robbery and so on, section 5329, the possible for me to be right and these able gentlemen wrong? . following: This is not a partisan proposition. I do not intend to brmg Nothing in this title shall be held to take away or impair the jurisdiction into what I may say anything foreign to the legitimate considera­ of the courts of the several State& under the l.a.ws thereof. tion of the bill, and I hope that no discussion of a partisan char­ Furthermore, in section 5346 is the following: acter will be introduced in this debate. Every person who~ upon the high seas, or in any arm of the sea, or any · Mr. Chairmap., I am opposed to anarchy in all its sha:p,es and river haven creek, oasin or bay within the admiralty jurisdiction of th~? forms. I have an ineffable contempt for a man who has a soul Uniu;d Stau;s and out of the jurisdiction of any particular State * * * so dead '' that he does not love our country and its institutions. shall be punished. etc. I do not believe that it was ever intended that freedom of speech Here three distinct and different times is the idea brought should degenerate into abominable licentiousness and afford any out that there is an exclusive jurisdiction of its kind in the excuse o1· shelter for plotting and planning to destroy the Gov.. United States, and an exclusive jurisdiction of its kind. in the ernment of our country. I have no sort of toleration for any States. Of course, nobody doubts that. .As I said, I am call­ propaganda of anarchy, nor can I endure those who advocate it. ing your attention to things old. Every lawyer knows about Having said this much, I trust that those gentlemen who may do it, and that we have upon the Federal ~tnte b?oks to~day a law me the honor to listen to me may be prepared to appreciate at against murder as well as laws den.onncmg vanous cnmes-rob­ least the standpoint from whlch I speak, and I am sorry that I do bery, conspiracy, interference with mails, obstructing the col­ not come to yon with excellency of speech. I have besto~ed no lection of public revenues, and other offenses distinctively cog­ literary preparation upon the remadrs I am about to de-liver. I nizable in the Federal courts. shall try to make up in earnestness what I lack in elegant diction. This statute on murder has always been. enforced, so far as J 1902. CONGRESSIONAL RECORD- HOUSE. 6247

know. Under the generic texm or nature of that offenser every The same idea is contained in the case of Fox v. The United man who commits a murder is liable to punishment, and whoso­ States, in which Justice Field delivered the opinion of the court. ever be murdered, whether he be high or low, rich or poor, an Anv .act committed with a view of evading the legislation of Congress, infraction of the law is perpetrated. No matter whether it is a passeu m the execution of any of its powers, or of fraudently securing the great and a distinguished person, or the obscurest man in the :g.~~~J sia:;h legislation, may properly be made an offense against the country who is slain, this statute will reach the CiiminaL It is enacted~ and will be enforced in behalf of the President, the I do not doubt that. Nobody doubts it. Iaminclinedtothinlr, Vice-President, members of the Cabinet, foreign ambassadors, let me say in passing, that this bill has been so carefully formu­ and everybody within the jurisdiction of the United States. It lated and the whole subject has been so exhaustively considered is sufficient anywhere within Federal botmdaries, and no other by the Committee on the Judiciary, who are good lawyers, and statutory offense of the kind is needed. It was enough, when the language has been so carefully framed to m~et a supposititious violated, to bring Guiteau to the gallows. case, that it may be considered by the courts to be constitutional, This very statute was brought under judicial consideration and and that it would be so held in the main. I am not assailing the its operations explained early in the history of our country-in constitutionality of the bill especially, but there are other features 1818-and the great Daniel Webster appeared before the courts of it which I think ought to be assailed. and argued for its enforcement. The offense was committed on But an act committed within a State­ board the United States ship of-war Independence, lying at an­ Listen again- chor in the main channel of Boston Harbor. The defendant was ~hether for a good or a bad purpose, or whether with an honest or a criminal a marine, duly enlisted in the service of the United States. The mtent, can not be made an offense against the United States unless it bas deceased was a cook on board of said ship, and also enlisted in the some relation to the execution of a power of Congress or of some matter same service. Up to and beyond the place where the killing oc­ within the jurisdiction of the United States. curred the civil and criminal process of Massachusetts had hith­ Now, gentlemen may contend that the last clause qualifies the erto been constantly served and obeyed. The case was tried in meaning of the whole, and that a murder committed even in a the circuit (Federal) court for the district of Massachusetts. State might come within the purview of Federal authority, but Upon conviction, the defendant appealed to the Supreme Court I believe the very essence of the matter is in keeping with my con­ of the United States on the question of jurisdiction. The case is clusion. A crime committed within a State can not be an offense found in 3 Wheaton, United States v. Bevans. Chief Justice Mar­ against the United States when dissociated from necessary Fed­ shall delivered the opinion of the court, and he says this: eral jurisdiction. Then if any offense involving personal vio­ What, then, is the extent of the jurisdiction which a State possesses? We lence, rape, robbery, burglary, or anything of the sort is com­ answer without hesitation, the jurisdiction of a State is coextensive with its mitted in the State, it must necessarily, under its obligations· to territory, coextensive with its legislative power. The place described is un­ society and ~o good order, try and punish such offenses, and it questionably within the original territory of Massachusetts. It is then within the jurisdiction of Massachusetts uilless that jurisdiction has been has done so ill the pa&t. The severity of penalty is also within ceded to the United States. the power of the State to determine. Whether impiisonment for And the great jurist, speaking for the court, held that the Fed­ life is milder or less to be dreaded than capital punishment is a eral courts had no jurisdiction over the offense, and, mark you question upon which there is much disagreement. Each State the persons concerned were in the service of the United State~ must decide that on its own judgment and in its own way. ~nd on duty aboard its war ship. Of course that is not new, but I again invite attention to what was said by Justice Field in 1t shows you the plan upon which we started out, and is in line the Fox case (and, by the way, I will have occasion to refer to with the course we have uniformly pursued for more than a him, indirectly at least, in commenting upon another decision). century. Daniel Webster, as I have suggested, insisted that the The distinguished gentleman from New York [Mr. RAY] re­ Federal court had no jurisdiction of the offense, and his conten­ ferred also to the case in re Neagle. tion was fully sustained. I have practiced law in a small way for many years. I have I desire to quote from some of the same authorities to which tried to study as best I could the constitution of my own State 1·eference was made by our distinguished chairman [Mr. R.A. y of and the Constitution of the United States and the respective juris­ New York], who has just favored us with such a long and inter­ dictionsanddemarkations of the two governments, and!, as a law­ esting speech, and I invite attention first to the case of the United yer and as a citizen, am sorry this decision was ever rendered. States v. Cruikshank, in which the opinion was delivered by I do not believe it is sound, while I respect the judgment of the Chief Justice Waite. courts. We have that to do. They control and we must abide The government thus established and defined­ by their interpretations; but from my estimate it has never re­ ceived the approbation of the professional mind nor met the re­ Resays- quirements of jurisdictional propriety, so far as the respective !s to some exte~t a government of the States in their political capacity. It ~ al~ for certam purpo.ses a governm~ni! of the people. Its powers are lim­ powers of State and Federal governments are concerned and rted m number but not m degrea. Wrthin the scope of its powers as enu­ right here I wish to bring to your notice a portion of the ~rgu­ merated and defined it is supreme and above the State, but beyond it has no ment oses and have separate jurisdic­ Supreme Court of the United States. He says: tions. Together they make one whole, and furnish the people of the United s.tates with a complete government, ample for the protection of all their 0~ position is fully covered by the case of ex parte Yarbrough, 110 U. s. nghts at home and abroad. Thus- 651, 659, where the court sa:y:s: ' "It !a ve~y true ~hat while Congress a~ a~ earl~ day passed criminal laws And the gentleman from New York [Mr. RAY] cites this in his to purush piracy With death and for pumshing all ordinary offenses against person and property committed withfu the District of Columbia and in fol'ts report- arsena.ll;>, and other places within the exclusive jurisdiction of the United if a marshal of the United States is unlawfully resisted while executing the States, It was slow to pass laws- process of the courts within a State, and the resistance is accom;pl!onied by an assault on the officer, the sovereignty of the United States is VIOlated- Now, this is the Supreme Court he is quoting- How?- "it w~ ~lo~ ~ P!!SS laws pro~c~ officers of the Government from per­ by the resillo':;ance, and that of the State by the breach of peace and the as­ sonaliilJurl~ inflicted while m diSCharge of their official duties within the sault. Sta~s. T~ was not fo! wa;nt of power, but because no occasion had arisen W:hich requn:ed such leJtislati<_>n, the remedies in the Stat.e courts for personal The sovereignty of the United States Government is infracted VIOlence havmg provecf suffi.ment." in the resistance to its authority; but if an assault and battery or a murder be committed, then the sovereignty of the State is vio­ And ~hat is. true to-day. T~e powers and provisions of the lated. There are two distinct offenses, one Federal and the other States ill relation to personal VIolence have proved sufficient up State, and that is the effect of this decision from which the gen- to. this good moment. Then why depart from them? Why in­ tleman quoted. . fringe them? What is the necessity for it? The great State of Now, I believe that when any crime is committed within a New York promptly punished the assassin of President McKinley. State, not ~eciaJly defined to be Federal under the clear authority Per~a.ps the ear!.lest attel!lpt of. C~ngress t,o protect Government officers w~e m ~he exe~mse of their duties m a hostile community grew out of the of the National Government, the State has and ought to exercise null4icat10n ordinance. of South .Carolip.a and is found in the act further to the jurisdiction and the exclusive jurisdiction of it. You see the pro~~ for the collection of duties on rmports. * * * When, early in the late civil war, the enforcement of the acts of Congress for obtaining soldiers point. You can elabomte it in your own minds more clearly than by draft brougM the officers engaged in it into hostile neighborhoods it was I can do. fo~d necessary to pass laws for their protection. ' 6248 CONGRESSIONAL RECORD- HOUSE. JUNE 3,

Which is a very different thing from what we are now con­ Mr. LANHAM. The effect of it was, at all events, that the sidering.. court took the defendant away from the State government. Accordingly, in 1863, an act was passed making it a criminal offense to Mr. JENKINS. But the power of Congress was not involved assault or obstruct any officer while engaged in making the draft or in any in that decision. service in relation thereto. Mr. LANHAM. No; but the point I am making is that this Bear in mind, this is what the attorney-general of California man was indicted by the grand jury in the State of California, said, and it is an argument that has never been met, and I do not and he was discharged under habeas corpus. I am criticising think it can be successfully controverted. this decision. We can not close our argument in this case without bringing up the sub­ Mr. JENKINS. But the gentleman will allow me to say that ject of the police power, which is an inherent power with the States which when that decision was made I announced publicly in my town they can not surrender or abdicate and which can not be taken away, although the very same conclusion that the gentleman from Texas has just Co::l;ess may establish police regulations also; but their o~erations must be stated here. ~e u~ft~ m:~~~j~~ ~~~1:~~~{u~ft1~nc~~~l ~K; c~~~~~~~th~; Mr. LANHAM. That shows how great minds run parallel. power; and the common-law maxim, "sic utere tuo ut non alienum lredas," [Laughter.] seems to express in a few words its extensive application. Whatever con­ cerns the public order, the public morals, the public hec1.lth, the public se­ Mr. JENKINS. I am appealing to you now whether you con­ curity and safety, and the right of any and every person to enjoy these sider it an authority on the question of the power of Congress-­ immunities, comes under the general police power of the State. The offenses Mr. LANHAM. I am hardly going so far as to say that it is. which Congress has the rio-ht to define and punish are only offenses against ltir. JENKINS. The gentleman from New York and the gen­ the authority of the Unite'a States. It can not assume any supervision of the police re~ulations of the States. All this is elementary learning. tleman from Texas and myself are in harmony on the legal aspect There IS a police regulation of the State of California deflnin~ the crime of the case. of murder and affixing the punishment, when committed within the terri­ Mr. KLEBERG. If the gentleman from Texas will allow me tory of the State. This is a matter of mere internal regtllation, which can be best looked a suggestion, his position is that that was a judicial encroach­ after and provided for in local districts, auci to make it an exclusively national ment on the prerogative of the State and this is a legislative en­ 9.uestion or a concurrent one with the .0-i..!J.OOS would lead to constant attri­ croachment on the prerogative of a State. tion, inharmony, conflicts, and embroilments between the States and the National Government, which it was the express design of the Constitution Mr. LANHAM. Precisely. I thank my colleague. to prevent. Now, this is what Justice Lamar says, and he quotes Chief The Constitution was formed to make a more perfect union, establish jus­ tice, insure domestic tranquillity and promote the general welfare. H ence Justice Waite, and Attorney-General Johnson, of the State of the judicial power of the United States is confined to cases arising under the California, quoted the same thing: Constitution of the United States, the laws of the United States, and treaties It is elementaqr learning that, if a person is in the custody of a State court made, or which shall be made, under their authority, and to some special of competent jurisdiction. not illegally asserted, he can not be taken from cases and controversies which have no bearing on the pending question. that jurisdiction and discharged on habeas corpus issued by a court of the United States simply because he is not guilty of the offense for which he is Now, here is a case that occurred in the 5tate of California: A held. All questions which may arise in the orderly course of the proceed­ ing against him are to be determined by the court to whose jurisdiction he deputy marshal shot down a man who~ it was alleged, intended to has been subjected, and no other court 1s authorized to interfere to prevent make an assault upon Judge Field, one of the associate justices it. Here the right of the prisoner to a discharge depends alone on the suf­ of the Supreme Court of the United States, taking as authority ficiency of his defense to the information under which he is held. Whether for his · act not a statute of the Federal Government, but some hi'3 defense is sufficient or not is for the court which tries him to determine. sort of direction from the Attorney-General of the United States. Here is a man who committed at least a homicide, whether jus­ Whether it was a murder, either in the first or second degree, tifiable or inexcusable the world, as I have intimated, will never manslaughter, or any s~rt of culpable homicide, I will not now know, because all the facts were never brought out; but he was stop to inquire, but it was done within the State of California, turned loose, if I may reiterate, under the powerful writ of habeas and the defendant could have interposed a defense that what he C6rpus issued by the Supreme Court of the United States, and did was under the sanction of authority from the Federal Govern­ never held to answer before a jury in California. ment. It was competent to introduce that under a plea of not Chief Justice Fuller said: guilty in the courts of California. Here he was indicted for the The killing of Terry was not by the authmity of the United States, no matter by whom done. The only authority relied on for vindication must crime of murder in the State of California. What would have be that of the States, and the slayer should be remanded to the State courts been the result had the question been tried before a jury of his to be tried. - peers no man can tell. He might have been acquitted of murder ·That is legal wisdom; that is good sense, and that is the course in the first degree. It may not have been done with malice pre­ that ought to have been pursued. pense and instigated by the devil, but it may have involved some The question then recurs, Would it have been a. crime against the United lesser degree of unlawful homicide. He may have been guilty of States? There can be but one answer. Murder is not an offense against the manslaughter or murder in the second degree; we can not tell United States, except when committed on the high seas or in some port or harbor without the jurisdiction of the State or in the District of Columbia about that, and it will never be ascertained. or in the Territories, or at any other place where the National Government He was never tried by a jury of good and lawful men in Cali­ has exclusive jurisdiction. It is well settled that such crime must be defined fornia. He was taken by a writ of habeas corpus from the by statute; and no statute has been pointed out. custody of the State and absolutely discharged by the Supreme This old statute of 1790 is the one we have to - day~the one we Court of the United States. And yet if he had committed a have had during all these years. And we are now propo ing to crime it should have been inquired into by the State of California; make a new statute, in the face of the fact that the fundamental if he had committed a crime he ought to have been finally tried idea of the fathers and of the jurists in the long ago, was that for it; he ought to have been acquitted by a jury of his country­ the State had jurisdiction of offenses perpetrated within its bor­ men if he was innocent, and convicted if guilty; and the Supreme ders, and the Federal authority jurisdiction when the offense Court of the United States took him out of the power of the State was committed within certain prescribed places. of California and discharged him on a writ of habeas corpus. But I need not dwell further upon this aspect of the case. The solemn indictment of California's grand jury was disregarded What I am saying aims to be more suggestive and stimulative to and consigned to the wastebasket of worthless refuse. investigation than otherwise. Your own broad minds will elab­ It is a regrettable decision, to say the least; it is out of tune orate these propositions, and you will inquire of yourselves whether with the institutions of the country and incongruous with sound it is wise to make this new departure. We have had trials an­ principles and time-honored procedure. cient and trials modern. Now, it is p1·oposed by this bill to pe­ Neagle was never tried. No verdict was ever rendered in his culiarize and single out certain people and make it a specific case. I do not justify Terry. It may be that he ought to have offense to kill them, as if they were not embraced within the been killed. Of course it was a distinguished man upon whom the generic definition of murder which I have already quoted from the assault was supposed to be intended, a brother associate of the high United States statutes. It is proposed to say that it is a special trib1.mal, the Supreme Court of the United States, that discharged offense to kill an official, although it is a general offense already; the defendant. We are all human, and "mutual dependence and that he must be put on a higher plane than the rest of mankind; influence," it is said, "is the law of the universe." Two of the that he differs from the common herd. justices dissented from that decision, and I want to quote briefly Gentlemen, I said a while ago that truth is truth forevermore. from what Justice Lamar and Chief Justice Fuller said. I say I want to invite your attention, just for the interest of the inci­ again, this decision, in my humble judgment, will never be dent and by way of illustration, to one of the orations of Cicero, affirmed before the great bar of juridic thought, and it is gratify­ delivered away back yonder-before Christ-the oration in de­ ing that it did not go unchallenged in the court where it was fense of Milo, who slew Clodius on the Appian Way. The parties rendered. It will never escape adverse criticism by the great were prominent Romans, belonging to rival factions, and there body of the legal profession. was so much excitement at the time that Pompey ordered a new Mr. JENKINS. Will the gentleman yield to me for a question? form of trial. Cicero refers to it in his speech. He calls it a Mr. LANHAM. Yes; of course. nova forma; and the reason he so describes it is because Milo was Mr. JENKINS. Does the gentleman from Texas desire those not tried by the a-cting prretor, as was usual in criminal cases, listening to him to think that that is an authority one way or the but by a special commission or extraordinary tilibrmal. Cicero other on the constitutional power of Congress? refers to the strong guard which Pompey brought to the-trial in 1902. CONGRESSIONAL RECORD- HOUSE. 6249

order to prevent any violence. There were present also, history Congress, and inasmuch as we are limited to certain individuals, says, the gladiators of Clodius. we can not extend it to all of the people of the country; hence Now, in the trial of that case Cicero appeared as counsel; and we are limited to certain persons named in the Constitution. We he said some things that are applicable in my mind to the matter are not drawing any distinctive lines as far as personages are now under consideration. He went on to refer to the -fact that concerned. • distinguished Romans had been murdered previously, and there Mr. LANHAM. We are making a specific offense, peculiar­ had been no nova forma or new method of trial; all had been izing certain men who, if they should be murdered, the crime tried in the same way. We have had Presidents murdered here­ would already come within the prohibition of murder. tofore, and the murderers have been tried under the same law, Mr. JENKINS. Simply because of the limitations on the power whether in State courts or in Federal courts. Cicero, by way of of Congress, is it not? protest against this new form of trial because of the great dis­ Mr. LANHAM. That is what the gentlemen argued who pre­ tinction of the man who had been killed, said what I am about to pared this bill, and the reason they assign for authority to propose read. I ask gentlemen to listen. The 1·eading may be a little a measure of this sort. tedious, but I surmise this is about the last speech I will ever have Mr. JENKINS. The gentleman knows I did not assist in the occasion to deliver in this House, and you must pardon the in­ preparation of that bill. Like the gentleman from Texas, I am fliction. What I am about to read is ancient lore, but there is a opposed to the bill. vast deal of good philosophy in it. I could (if you would pardon Mr. LANHAM. I am very glad to hear that, and I hope the the apparent egotism) translate from the original tongue; but I, gentleman will help me defeat certain sections of it. But let me fortunately and for the sake of accura~y, have here a transla­ repeat and tell you, Republicans and Democrats alike, this is not tion-a sort of interlinear, I believe it is called: a partisan question. You ought to defeat part of this bill. There M. Drusu c;, a man of the highest quality, the defender, and in those times is part of it that ought to be passed, but some of it ought to be almost th e patJ:on, of the Senate, uncle to t h at brave m an M. Cato, now upon defeated. It is unnecessary, it is unwise legislation; it is out of the bench and t ribune of the p eople\ w a s killed in his own h ouse; and yet the people were not consulted upon his deat h ,- nor was any commission for a tune with our institutions; it is un-American; it is un-Republican; trial granted b y the Senate on a ccount of it . What deep distress is said to it is un-Democratic. have spread over the whole city when P. Africanns was assassinat ed in the Now, I want to run a little over some of the histories of these nigh ttime as he lay on h is own bed! What breast did not then sigh, what heart w as not pier ced with grief, tha t a per son on whom the wishes of all trials for assaults upon Presidents. I hold in my hands a sort m en would have conferred immortalit y, could wishes have done it, should be of brochure, something the rest of you may not have seen. It is cut off by so early a fate? the report of a trial that occulTed away back in 1835; the trial So some of us felt over the death of our beloved President. of a man named Lawrence, for an assault upon the life of Was no decree made then for an inquiry in Africanus' death? None. And President Andrew Jackson. I found it down in the Supreme why? · Court library, and it is a very interesting little document. I will The Latin is: read the facts. Quid ita? Quia non alio facinore clari homines, alio obscuri necantur. On Saturday, the 30th of January, both Houses of Congress were convened, And why? B ecause the crime is the sam e, when eminent men or lowly not to fulfill any legislative duty, but to solemnize, in the customary manner, ones are slain. Grant that t here is a differ ence as to t h e dignity of their the obsequies of Ron. W. R. Davis, a member from South Carolina. The lives, yet their deaths, when t hey are the effect of villainy, are judged by President of t he United States and the heads of de;partments w er e, as is cus­ the same laws and attended by the same punishments unless if it be a more tomary, present on the occasion. After a very rmpressive discourse had heinous parricide for a man to kill his father , if he be of consular dignity than been delivered by the Chaplain of the Honse of Representatives, the funeral if he were in a private station, or the guilt of Clodius' death be aggravated procession (in which was the President leaning upon the arm of Mr. Secre­ by his being killed amongst the monuments of his ancestors. tary Woodbury), left the Hall, and had mainly passed through the Rotunda on to the eastern portico of t.he Capitol, when Lawrence no sooner perceived Would it be any worse, would it be anymore of a parricide, for the Chief Magistrate approach than he immediately attempted to take his a son of the President to so far forget himself in his filial affec­ life. tion an1 duty as to assassinate his own sire, would it be any This happened right here beneath the Dome of this Capitol, in worse for him to do that than for your son or my son to assassin­ this building. That is the first assault on a President of the ate one of us? The crime is the same, whether the person mur­ United States of which we have any record, except a mild assault dered be illustrious or obscure. We have no distinction as to made also on President Jackson by one Lieutenant Randolph. patrician or plebeian in the United States of America. Well, Lawrence was brought up for trial, and for the prosecution Was any law passed at that time? Was any extraordinary commission there appeared F. S. Key, esq., district attorney. They had a granted? And yet , if any circumstance, if any person at any juncture, ever jury of 12 men whose names are given here, and the prosecuting m ~>r ited such a distinction, it was certainly upon this occasion. H ow often, my lords, have I myself escaped the threatening dagger and attorney in submitting the case went on to make this statement, bloody bands of Clodius, from which, if ne1ther my own good fortune ner which was good philosophy in 1835, just as it was in the days of that of the R epublic had preserved me, who would ever have procured an extraordinary trial upon my death? Cice1·o, and just as it is to-day. He said: The station or office of the object of this crime was to he left entirely out This magnificent heathen orator said these things before the of the questionhand it was to be considered in the same light as though Christian era. committed on t e most humble person in the country. The framers of our Mr. STEWART of New Jersey. Will the gentleman permit a Constitution had not thought it necessary to surround the Chief Magistrate with any additional protection other than those laws which were deemed question? sufficient for the citizen holding the most obscure station or office. The love Mr. LANHAM. Certainly. of order and of justice had heretofore been found, and he hoped would con­ Mr. STEWART of New Jersey. Was not the argument of tinue to be found sufficient for this purpose. Cicero in the Milo case rather against ex post facto than that to That is the way the prosecuting attorney talked. Lawrenc& which the gentleman has addressed himself? was being tried for an a-ssault upon the life of the President. Mr. LANHAM. It was in part against this new form of trial. Testimony was introduced. The jury finally retired and consid­ They had had a custom of trying criminals before a certain tri­ ered of their verdict, and in about five minutes they brought in bunal for many years. this verdict: "We find him not guilty, he having been under the Mr. STEWART of New Jersey. Was not his argument di­ influence of insanity at the time he committed the act." rected against new provisions in the ex post facto laws in the That wa.s under Federal law. That was under the old statute; Milo case? and this man was tried and was acquitted on the ground stated Mr. LANHAM. P ossibly this part of it may have been, but in the verdict. Gentlemen, you talk about laws such as you are there were extraordinary conditions surrounding this trial. The proposing to enact here being a deterrent against the commission soldiers of P ompey, as stated, were there, as were the gladiators of such crimes! Do you suppose that any laws, general or par­ of Clodius, and it was different from the form and circumstance ticular, would have prevented that insane man, who imagined of trial previously observed in the Roman Government. But in­ himself a king and who thought President Jackson was interfer­ dependent of all that, and I do not care how that may be, the ing with his rights-do you suppose any statute would have pre­ point I wish to emphasize is whether a human life in one case is vented him from making the assault on President Jackson? Or any better than a human life in another. I say in this country of if there had been a regiment of infantry or a battery of artillery • ours the great basal principle upon which society is organized down here at the Sixth street depot, do you suppose that it would and government rests is equality before the law. One good man have prevented Guiteau from killing President Garfield? is as good as another. If you had had all the statutes you could imagine, peculiarizing Mr. JENKINS. Will the gentleman yield to a question? and selecting out particular individuals, Presidents and so on, do Mr.. LANHAM. Certainly. you suppose that would have interferred with the malicious pur­ Mr. JENKINS. I wanted to draw this distinction: Would not pose of Guiteau? Not for a moment, any more than it would in the doctrines of Cicero apply very strongly to the legislature of the case of Lawrence. Do you suppose that if we had had the a State, if they ~dertook to distinguish between any citizens of royal retinue that is proposed in the Senate bill-and right here the State- I want to say that if I had to support either one of these bills I Mr. LANHAM. If it would apply to the legislature of a State, would take the House bill in preference to the Senate bill-do I do not see·why it would not apply to the legislation of Congress. you suppose that Guiteau would have refrained from assaulting Mr. JENKINS. We are talking about the exercise of power by President Garfield? In the House bill we have not provided the 6250 CONGRESSIONAL RECOR.D-HOUSE. JUNE 3, pretorian guard that they have created in the Senate bill. All portant officer than the Vice-President of the United States. He these provisions might have been in force, and all the military, has more to do with the legislation of the country than the Vice­ subject to the order of the Commander in Chief of the Army, President. He is a potential factor, let me tell you. He repre­ might have been at Buffalo, N. Y., and it would not have stayed sents the sovereignty of tho House. "He can open and no man the hand of Czolgosz for one moment. You can not stop these can shut, and he can shut and no man can open," so far as legis­ wild workings of men of that sort, these fanatical impulses to lative precedence and procedure are concerned in this House of kill a president or a king or a ruler, by the enactment of such Representatives, but an ambassador or foreign minister is of legislation as is here proposed. You can not stop things of that greater significance an;l better than the Speaker! I have been kind merely by a statute m by peculiar statutes. Of cour&e, if looking in a casual way over the list of these men from abroad you could detect them in time you might prevent them but the coming to this country who are to be singled out, that are more mere passing of criminal laws is not going to prevent it. You important than our citizens, better than you and me. Suppose might have had as many statutesas you can imagine and it would you, my :hiend from Missouri [l\!1·. CLARK], should say some­ not have prevented the attempt upon the life of President Jack­ thing on the floor of this House that some crank in the gallery son, nor would it have prevented the consummated and fatal did not like, and you should be over in Maryland or somewhere assaults upon Presidents Garfield and McKinley. else, and he found you and killed you. There would be no spe­ So, then, this is a useless proposition, and whenever legislato1·s cial offense; you are not peculiarized and preferred. Suppose do something that is unnecessary and useless they are doing some­ that my :hiend from Maine [Mr. LITTLEFIELD], who does me the thing that is almost inevitably dangerous. honor to ·hear me, and I ·am glad of it and thank him for it; he is Booth was shot. That was right after the war. In all human a smart man and loves to hear a smart man talk. [Laughter.] probability he had a disordered brain. Vengeance cried out and Mr. LITTLEFIELD. The latter point I assent to. he was shot to death. Vengeance did not stop there, but I delib­ Mr. LANHAM (continuing). Suppose some crank were to erately believe that under the finding of a military commission shoot you for something you uttered on the floor of this House. an innocent woman was executed for what she never did and that There are three hundred and fifty-odd of us, but we represent a she was in no way responsible in the assassination of President portion of the legislative sovereignty of this Government; we are Lincoln. No man will ever kill or attempt to kill the President •' to the manner born'' and speak for our own people, and you are of the United States, whether within a State or in territory under at least a segment of the aggregate body; and if we are to treat the exclusive jurisdiction of the United States, who will escape all alike, there ought to be some special provision, if occasion condign punishment. You need not feel a bit uneasy about that. should arise, to punish your murderer as well as that of Senor Punishment is sure to follow. Retributive justice will be prompt, Don Martin Garcia J\1_erou, from the Argentine Republic; Mr. I do not care under what jurisdiction. Ladislaus Hengelmiiller von Hengervar, fmin Austria-Hungary, Hence I insist that this bill is an unnecessary departure from and others. the settled order. It is not in accord with our institutions; it is Now, I have no doubt these men are good men, but " of all our against the generally accepted principles of criminal jurispru­ motheT's children we love ourselves the best." I love my coun­ dence and clearly differentiated jurisdiction. It is unnecessary, trymen better than I love foreigners. Why single out Senor Don it is unwise, and if passed I honestly believe that it will subject Fernando E. Guachalla, from Bolivia, and Mr. Chekib Bey, en­ the·President of the United States and others in whose behalf voy extraordinary and minister plenipotentiary from Turkey? It it is offered to greater dangers than he or they would incur if it would be an unspeakable offense to kill Chekib Bey or any other were not passed. Why, these creatures of distempered minds, foreign diplomat. But if a man were to kill him anywhere in these cranks, these moral perverts, these people who want to pose this country he would be pTomptly punished, as the general as·martyrs, like the idea of killing a king or a ruler; they think it statutes now made and provided Tequire. We had a minister brings them into notoriety. You remember how Czolgosz wanted from Spain, whose name I do not now recollect, about the time to read the newspapers after he was put in prison. SuiTound our when the Hispano-Amelican war broke out, who said something public officials with anything like royalty and you magnify the that was very derogatory to the President of the United States. incentive of the anarchist to destroy them. What peculiar sanctity should have suiTounded him? Now we Another thing, gentlemen, if a man commits a crime you can have the Duke de Al·cos, and I have no doubt he is a very good not do anything more than to inflict the full penalty of the law. representative and very different from his predecessor. If some­ When they hanged Guiteau under Federal law they could not body should kill him, it would be a special offense. You are hang him any more. When they electrocuted Czolgosz under discriminating in favor of these foreigners. They are all doubt­ State law they could not electrocute him any more. They have met less worthy men and suitable agents of their respective countries, their fate, as will be the case-anywhere, whenever such an offense but when we make them equal to ourselves under the protection is committed. of"the law we have done all they should expect. You say that Now, so much in a general way, and I hope I may have been you are acting in keeping with the comity of nations and respect­ able to say something that will at least cause you: to " stop and ing the sovereignty of these foreign countries in the persons of think before you further go." So far as I am concerned, if you their accredited representatives. would eliminate the criminal features of this bill down to section You do this in order to specially protect these men, but you do 10, and strike out section 13. I would be willing to support it. not propose particularly to protect my fTiends from :Missouri or I am in favor of a law that will prevent the immigration Maine, nor do you do anything extraordinary to protect the Su­ to our countl·y and the naturalization in our midst of these preme Court, the biggest tribunal in the world, a great coordinate propagandists of anarchy. I do not want them here. They department of the Government by whom our laws are construed. are not in sympathy with our country and its institutions. You and I may pass a bill here, the Senate may concur, tne They are a noxious, fore-ign growth. We do not need them, President approve, but when it goes before that august tribunal whether they be classed as speculative or criminaL They are all they can say it is not worth the parchment upon which it is undesirable. So much of the bill as proposes to do that I will written. The Supreme Court, collectively and individually, in support. their personal and general powers, can do important things, and Mr. JENKINS. Is my friend speaking of the Senate bill or the yet you leave them out. Can you not make it a special offense to Rouse bill? kill one of them? And why not go all the way up and down the J\1r. LANHAM. I am speaking of the House bill. But here is line when you start on this unusual course? a paragraph in this bill, section 10, to which I wish to direct your Mr. BELLAMY. May I ask the gentleman from Texas a ques­ special attention: tion? That this act shall apply to all offenses hereinbefore specified when com­ Mr. LANHAM. Certainly. mitted within any State or other place subject to the jurisdiction of the Mr. BELLAMY. Haveyouinvestigated so as to know whether United States. or not in the English, the French, or the Turkish law there is any This accentuates the new departure I have described, the effect distinction made between the case of the murder of an ambassa­ of which is to reyerse the doctrine and settled policy of more than dor or any other citizens of those countries? a century and go out into a new field. It is to invade, "to take Mr. LANHAM. I have not. I do not imagine there is in the away and impair" the jmisdiction of the States, and if you can manner it is proposed to be done here. do so in one instance, why not in another? This bill goes on to say: 1\Ir. JENKINS. My friend from Texas supported this bill in That any person who unlawfully, purposely, and knowingly kills aJ1_y am­ the committee when it was under consideration, did you not? bassador or minister of a foreign state or country accredited to the United States. and being therein, and while engaged in the performance of hls offi­ Mr. LANHAM. Oh, no. I supported so much of it as I have cial duties, or because of his official character, or because of any of his official indicated. Why, do you not know that my minolity views are acts or omissions, shall suffer death_ printed with yours? Why does it not go all along down the line? Why does it specify Mr. JENKINS. But on the ground that the gentleman from the President, the Vice-President~ members of the Cabinet, and Texas has been discussing here this afternoon? the ambassadors? Why not embrace the Speaker of the House of Mr. LANHAM. I said I opposed it on various grounds. I Representatives? I regard the Speaker of the House as a more im- have just elaborated some of the reasons on which I opposed it. 1902. CONGRESSIONAL RECORD- HOUSE. 6251 ·

Mr. LITTLEFIELD. The gentleman is substantially elaborat­ Mr. JENKINS. The gentleman from Texas can not expect to ing the views that he has expressed at various times when the be President until Mr. Roosevelt has served out two or three bill was under consideration in the committ-ee. He did not go as terms, and then we will take him up. [Laughter.] much into detail, but his speech is an elaboration of the views he Mr. L_I\NHAM. I do not believe that because a man is Presi­ expressed in the committee. dent, or an officer of any rank, it makes rum exempt from the Mr. LANHAM. Why, my friend from Wisconsin must know common frailties of men. I believe he is liable to sin, and will be about that. as long as he '' is of the earth, earthy.'' We shall never '' behold Mr. JENKINS. I ·understood my friend from Texas was in the perfect man nor mark the wholly upright." Now, I want to favor of protecting everybody, whether they lived in the United invite the attention of my friend from New York to the last sec­ States or outside. tion in this bill, which was added after the Senate bill came to Mr. L.ANHA.l\1. Why, I contended that they are protected by the House: the general statute against murder. So far as I spoke I said that SEC. 13. That in all prosecutions under the provisions of the first seven I was opposed to any law of this kind, and still adhere to that sections of this act it shall be presumed, until the contrary is pro>ed, that the President of t.he United States, or Vice-President of the United St::l.tes, or opinion. . other officer of the United States entitled by law to succeed to the Presi­ Now, gentlemen, if we are going to commence this matter, let dency, as the case may be, was, at the time of the commission of the alleged us run the whole gamut. Let us include the judiciary of the offense, engaged in the performance of his official duties. Nothing in this act contained shall be construed as an admission or declaration that there is United States and go on down. Let us designate others of our a tiJne when either o! such officers, during the tenure of his office, is not en· officiary and say they are better than the multitude. I want you gaged in the p erformance of his official duties. to tell us why there should be any specialization of this kind in this Govetnment. A man elected to an office is the agent of the This I regard as a serious and dangerous innovation upon the people. The people are lord and he is servant, and" the servant rules of evidence and the presumptions indulged in criminal can not be greater than his lord." May we always be delivered cases. The burden of proof has always been upon the prosecu­ from arrogant officialism. tion to establish every material fact necessary to be proved, be- Mr. KLUTTZ. "He that is greatest among you, let him be the yond a reasonable doubt. · servant of all." So far as the Vice-President is concerned the presumption stated Mr. LANHA!ii. As the gentleman from North Carolina sug­ is certainly a violent one, and I believe it is so far as the others ge ts, '' He that is greatest among you, let him be the servant of are concerned, and I think I can pl'ove it by the language of the all." I am much obliged to him for the thought. It is entirely gentleman from New York [Mr. RAY]. He says, in the.majority in agreement with the views I entertain. Gentlemen, my fellow­ report: members of Congress, I conjure you to be careful how you initiate, So, should such a thing occur, if the President is engaged in a personal qun.rrel as to some private matter, while that act is not an official act, he is and reflect upon the consequences that must follow legislation of still in and about the performance of his official duties as President. .As to this kind. It is not wise; it will do no good; it will work evil. the Vice-President and members of the Cabinet no such claim can be made. If I were President of the United States-and I never shall be, of The Vice-President can not act until Congress meets. His constitutional course· I can not hope for that, but some of you whose lines have duty is to pres:de ovor the Senate. been cast in more auspicious places may-but if I were President Again he says: of the United States to-day I would rather not have this-sort of The General Government is always .active, its laws are always in opera­ tion, and hence the President, who is charged with the duty of seeing that a statute on the books. those laws are faithfully executed, is always on duty and always in and about I should feel that it would be a standing invitation to some crank the discharge of his official duties. In case of the Vice-President no suclt rule to slay me wherever he might find me, and I am inclined to think applies. His only official duties are to preside over the Senate, and hence he that the ·' strenuous man '' you now have in the White House can not be engaged in the performance of his official duties until the Senate assembles pursuant to law. But should some person kill him beca-r.se h e is would be in greater danger if this bill should become a law than such officer, or because of some ruling made by him when acting as such he now has the slightest occasion to apprehend. He is aman, but presiding officer, the puryose would be to destroy an agency of the Govern­ you in effect presume in this bill that he can do no wrong. You ment and prevent ita acting, and hence the Government would he purposely presume that nobody mentioned here can do any wrong. I do as well as actually impeded or resisted. not believe in that doctrine in this American country. I believe I do hope that those who favor the bill will be at least willing that public officials can do wrong. I have the highest respect for to eliminate this last proposition f1·om it. I do hope that this an honest office1· of this Governmant, I do not care under what House may confine the bill to those purposes which ara designed Administration he may serve, but office will never exempt him from to prevent the immigration of anarchists to our countTy, and the dis­ liability to do wrong. Even the President of the United States semination of their pernicious doctrines here. If you do that you can do wrong, and I believe he is better than a king, who in will do a wise thing: but, gentlemen, you will do, in my deliber­ monarchies is regarded as perfection personified. A way with ate judgment, ~thing that ought not to be done when you change the idea of immunity from doing wrong, even in the ease of the the settled practice and statutes of more than a century, as you President. · will do if you enact the first nine sections of this bill, as well as 1\Ir. LITTLEFIELD. If the gentleman will excuse me, is he the thirteenth. Now, I have not said all that I would like to quite sure that the bill is open to that inference? say, nor all that ought to be said in opposition to this bill. It is Mr. LANHAM. I think it is, in some degree at least, because full of objections and dangers which, I trust, will be thoroughly it says toward the last of it that he shall be presumed to be in the advertised during the discussion. performance of his official duties all the time; and if that be so, :rru·. MADDOX. Will the gentleman .allow me a question? it makes him absolutely right all the time. Mr. LANHAM. Certainly. Mr. LITTLEFIELD. ·The gentleman's suggestion was that Mr. MADDOX. Suppose one of these selected few should make they could do no wrong. I thought h.e was drawing it a little mite an assault upon some person in the discharge of his duty, and it strong. became necessary to kill him. Say, for instance, some member 11Ir. LANHAM. The idea with me is that officers are human, of the House, in defending hiwself, should kill one of these gentle­ with like passions as ourselves; they are liable to do wrong and men selected by this bill, to save his own life, what chance has "as prone to do evil as the sparks are to fly upward;" and when he got? they" would do good, evil is continually before them," and even Mr. LANHAM. A very poor one, I think. Under this bill an the President of the United States is, humanly and impersonally unlawful killing, even if it we1·e manslaughter, would be pun­ speaking, but" a worm of the dust." That is all. This idea of ished as a capital offense. elevating one part of humanity and depreciating another part or Mr. NEVINS. It would not be unlawful )illing if it were done all the rest in thi popular Government I do not believe in, nor in self-def ense. can l: ever subscribe to it in any measure. Mr. LANHAM. But it would be puni-shable by death, even if Mr. JENKINS. Will the gentleman yield to me for a qu-estion? it were manslaughter and dvne without cool reflection. 1\Ir. LANHAM. Certainly. 1\!I'. LITTLEFIELD. The gentleman will allow me to say that Mr. JENKINS. I suppose the gentleman knows, as a member the very definition in the bill provides that the killing must be of the Judiciary Committee, that the ,people of Texas have ap­ unlawful. That is one of the essentials of the offense. pealed to the Judiciary Committee to protect the life of the next Mr. LANHAM. Manslaughter is unlawful killing. governor of Texas [laughter] and have asked the Judiciary Com­ Mr. LITTLEFIELD. But if the killing is not unlawful no mittee not to confine this to the President of the United States. offense would be committed. J.VIr. LANHAM. I do not know who is going to be the next Mr. LANHAM. I concede that; but, according to the bill, the governor of that great State, but I trust he may have a warm man 'Wfto did the killing wo~d be punishable by death in a case place in the hearts of his countrymen; and if that be the case, and of manslaughter, notwithstanding the provocation. he shall do his duty, he will have all the protection his predeces­ Mr. Chairman, the bill is unfair in its operation; it is in viola­ sors have had and all that he will be entitled to receive. · Whoever tion of the fundamental tenets of criminal law, and in my judg­ he may be he will never be a better man nor freer from guile than ment would, if finally adopted, be extremely dangerous to the are multipled thousands of his people. country. I believe, as I have already stated, it is against the 6252 CONGRESSIONAL RECORD-HOUSE. JUNE 3,

distinctive policies, principles, and genius of our institutions. I The bill as amended was ordered to a third reading, read the hope it may not pass. third time, and passed. Now, Mr. Chairman, and gentlemen, you have listened to me The SPEAKER. Without objection, the amendment reported most courteously and kindly. I thank you very much for your by the committee to the title will be agreed to. unflagging attention. I wish I had been prepared to deliver to There was no objection. you a more interesting speech. I have spoken without notes, and On motion of Mr. WARNER, a motion to reconsider the vote ask indulgence for the many imperfections I have exhibited. I by which the bill was passed was laid on the table. hope I have made some suggestions that may awaken thought ALAFIA, MANATEE AND GULF COAST RAILWAY COMPANY. and research upon this question. I know that in my opposition to this bill I am actuated by conscientious motives, and not by any Mr. SPARKMAN. Mr. Speaker, I ask unanimous consent for partisan feeling. Let me say in conclusion, with the utmost ear­ the present consideration of the bill (H. R. 1992) granting the nestness, that I love the rights of the States. I believe with Mr. right of way to the Alafia, :Manatee and Gulf Coast Railway Com· Jefferson when he said: pany through the United States light-house and military reserva­ tions on Gasparilla Islands, in the State of Florida, which I will I am sensible of the inroads daily making by the Federal into the jurisdic­ tion of its coordinate assoeiates, the State governments. * * * The judi­ send to the Clerk's desk and ask to have read. ciary branch is that instrument, which, working like gravity, without inter­ The Clerk read as follows: mission, is to press us at last into one consolidat~d mass. * * * If Congress B e it enacted, etc. That the .Alafia Manatee and Gulf Coast Railway fails to s!J.ield the States from dangers so palpable and so imminent, the States Company, a corporation organized under the laws of the State of Florida, must shield themselves and meet the invader foot to foot. is hereby granted the right of way 100 feet in width, through the reserva­ tions lying on Gasparilla Island, in the State of Florida, known as the light­ He said further: house and military reservations. The su~port of the State governments in all their rights is the surest bul- SEc. 2. That the line and location of the right of way to the said the Alafia, wark agamst antirepublican tendencies. . Manatee and Gulf Coast Railway Company through the light-house and mil­ itary reservations lying on Gasparilla Island, in the State of Florida, shall be Let us preserve all the jurisdiction and all the authority and all subJect to the approval and under the control of the Secretary of t he Treas­ ury and Secretary of War: Pro1:ided, That the said railway company, on the autonomy· that the fathers intended the States should retain notification by the Secretaries of the Trea-sury and War, shall, within a forever. Let them continue to be the judges and the triers of reasonable time thereafter, construct, maintain, and operate, at its own ex­ offenses committed in violation of their laws within their own p ense, a spur, track, or tracks, to enter into and b e located at such place or territory. [Loud and prolonged applause.] places within the present limits of the light-house inclosure on a.'till reserva­ tion, and also on the military reservation, as may be desi~nated by the Secre­ Mr. JENKINS. I move that the committee rise. tary of the Treasury and the Secretary of War, r espectively: And p1·ovidecl The motion was agreed to. further, That the Secretaries of the Treasury and War be, and are hereby authorlZed to allow the use by the said company, in the accommodation or1 The committee accordingly rose; and the Speaker having re­ its general traffic and the maintenance of a coaling station and for terminal sumed the chair, Mr. GROSVENOR reported that the Committee facilities, of so much of the land and water front of said r eservation lying at of the Whole House on the stat£~ of the Union had had under con­ a point on the eastern shore of Gasparilla Island, Charlotte Harbor , distant sideration the bill (S. 3653) for the protection of the President of about 1,000 feet in a northeasterly direction from Gasparilla Island light and about 400 feet in a northerly direction from the. State quarantine dock, as in the United States, and for other purposes, and had come to no their judgment will not be required for light-house or army purposes, and as resolution thereon. will not be a hindrance to the public defense nor prejudicial to the health of those residing on the Government reservation, the value of the use of the CIRCUIT COURT OF APPEALS, EIGHTH JUDIOIAL CIRCUIT. land to be appraised by a board of officers to be appointed by the Secretary Mr. WARNER. Mr. Speaker, by direction of the Committee of War: And ;Provided furthe-r, That the right of way and other privileges granted in this section shall be subject to the regulat ion and control of the on the Judiciary, I ask unanimous consent for the present con­ said Secretaries, and shall be inoperative, null, and void unless the rnid rail­ sideration of the bill which I send to the desk. way company shall complete the construction of and have in use its tracks The Clerk read as follows: within five years from the date of the passage of this act. SEc. 3. That the Secretaries of the Treasury and War, at any time they A bill (S. 312) providing that the circuit court of appeals of the eighth judicial shall deem it necessary for the public good, may cause to be removed or de­ circuit of the United States shall hold at least one term of said court annu­ stroyed all or any of the tracks, embankments, or other structures hereby ally in the city of Denver, in the State of Colorado, or in the city of Chey­ permitted on the light-house and military reservations on Gaspa.rilla Island, enne, in the State of Wyoming, on the first Monday in September in each Fla., without liability for damages; and the said company shall not ereot ,,r year, and at the city of St. Paul, in the State of Minnesota, on the first allow the use of any residences on said reservation, nor shall it erect sb·u\':­ Monday in June in each year. tures of any kind thereon except such as the Secretaries of the Treasury and Be it enacted, etc .. That the circuit court of appeals of the eighth judicial War shall approve; and all approvals required in this act shall be in writing. circuit of the United States is hereby authorized and required to hold one SEc. 4. That Congress expressly reserves the right to alter, amend, or term of said court annually in the city of Denver, in the State of Colorado, repeal this actl in whole or in part, without any liability on the part of the or in the city of Cheyenne, in the State of Wyoming, on the first Monday in United States ror any damages or losses sustained by said company. September in each yaar, and is hereby authorized and required to hold one SEc. 5. That the ri~ht of trackage over said railway, with proper terminal term of said court annually in the city of St. Paul and State of Minnesota on facilities, is hereby given to any other railroad desiring to use the same, the first Monday in June of each year. • upon such terms for trackage and terminal facilities as may be agreed upon SEc. 2. That all appeals, writs of error, and other appellate proceedings by the Alafia, Manatee and Gulf Coast Railway Company and such other which may be taken or prosecuted from the circuit or district courts of the company or companies as may desire to use the same; and if they can not United States in the States of Colorado, Utah, and Wyoming, and the su­ agree, then such terms shall be fixed by the Secretary of War. preme court of the Territory of N ew Mexico, to the court of appeals of the eighth judicial circuit shall be beard and disposed of by the Eaid court of The SPEAKER. The gentleman from Florida asks unanimous appeals at the term thereof hereinbefore provided for so to be held either at consent for the present consideration of the bill which the Clerk the city of Denver, in the State of Colorado, or at the city of Cheyenne, in has read. Is there objection? [Afterapause.] The Chair hears the State of Wyoming, except that any case arising from said States and Territory may, by consent of all the parties thereto, be heard and decided none. The question now is on the engrossment and third reading at a term of said court other than the one to be held in the city of Denver, in of the bill. the State of Colorado, or in the city of Cheyenne, in the State of Wyoming. The bill was ordered to be engrossed and read a third time, read SEc. 3. '.rhat this act shall not operate to l?revent the said court from hold­ the third time, and passed. ing other terms in the afore~aid places or m such other places in the said eighth judicial circuit as said court may from time to time designate. On motion of Mr. SPARKMAN, a motion to reconsider the last SEc. 4. That chapter 517 of 26 United States Statutes at Large is hereby vote was laid on the table. · amended in accordance with the provisions of this act. FOG-SIGNAL STATION IN THE PAT.APSCO RIVER. The amendments reported by the 'committee were read, as fol­ Mr. WACHTER. Mr. Speaker, I ask unanimous consent for lows: the present consideration of the bill (H. R. 12085) providing for Strike out of the title the word "June" and insert in lieu thereof the word "May; " and the completion of a light and fog-signal station in the P atapsco Strike out the word "June" in line 10 on the first page of said bill and River, Maryland, which I will send to the -clerk's desk and ask insert in lieu thereof the word "May;" so as to have the bill provide that to have read. the term of said court to be held in the city of St. Paul shall be held on the first Monday in May in each year. ' The Clerk read as follows: Whereas an original appropriation of $60,000 was made hy the Cong-r~ of The SPEAKER. Is there objection to the present consideration the United States by the act of August 18, 1894. for the building of a light and fog-signal station in the Patapsco River, Maryland; and of this bill? Whereas owing to the muddy and sandy bottom in said river the cost of Mr. RICHARDSON of Tennessee. Has the bill been reported construction and building said light and fog-signal station IS greatly increased, by the Judiciary Committee? as per Light-House Report, fiscal year ending June 30, 1901, section 649, page Mr. WARNER. It has. It is a Senate bill, which has been 108: Therefore, · Be it enacted, etc., That the completion of a li~ht and fog-signal station in favorably reported by the Judiciary Committee of this House. the Patapsco River, :Maryland, originally proVIded for by the act of Con­ Mr. RICHARDSON of Tennessee. Doesita:ffectonlythecourt gress of August 18, 1894, be, and is hereby, authorized and directed: Pro­ of appeals of the one circuit named? vided, That the additional cost for its colliltruction shall not exceed the sum Mr. WARNER. That is all. It simply provides that the cir­ of 60,000. cuit court of appeals of the eighth judicial circuit shall be held The amendment was read, as follows: in two additional places. Strike out the preamble. Mr. JENKINS. It is the unanimous report of the Committee The SPEAKER. The gentleman from Maryland asks unani­ 012 the Judiciary. ' mous consent for the present consideration of the bill which the There being no objection, the House proceeded to the consid­ Clerk has read. Is there objection? eration of the bill. Mr. RICHARDSON of Tennessee. Mr. Speaker, at a former The first amendment reported by the committee was agreed to. day of this session this bill was presented and unanimous consent 1902. CONGRESSIONAL RECORD-HOUSE. 6253

asked for its consideration. I then objected to its consideration. Mr. RICHARDSON of Alabama. There is no one more in­ I did so because the bill carries an appropriation of about $60,000 terested in preventing them from doing that than I am myself, as for some local work over near Baltimore. I did not think that it to appropriations that the Government has made there in refer­ was a bill for the passage of which unanimous consent should be ence to Muscle Shoals and Talbot Shoals. This power that is now given. I objected to its consideration. As I understand it, the being granted does not interfere with that. bill now appropriates $60,000 for a work for which $60,000 has Mr. STEELE. Has there been any other right similar to this been heretofore appropriated, so that the whole cost will be granted to any other corporation? $120,000. I say I objected at that time. I have since, upon ex­ Mr. RICHARDSON of Alabama. Yes; there is another one, amination! found that I can see no personal or real objection to and that is now pending, as I say, before the Secretary of War, as this bill. It was only the method and manner of passing legisla­ to what rental shall be required. tion of that kind. I therefore stated to the gentleman who intro­ Mr. STEELE. But a rental may be fixed. duced it that I would no longer object. Mr. RICHARDSON of Alabama. Shall be fixed. It provides • The responsibility for such bills is largely upon the majority it shall be fixed. on the other side of the House in any event. Therefore I have We look upon that as being rather of a nominal character more no objection to the measure, and I withdraw the objection that I than anything else; yet the Secretary of War is directed to state formerly made. I think it is right and proper for me, however, what amount· of rental shall be required annually. to make this statement now to the House, so that any other Mr. STEELE. Why should it be nominal? gentleman can do anything in connection with it that he may Mr. RICHARDSON of Alabama. Because the Government desire. · has got nothing there to sell. The SPEAKER. The Chair hears no objection. The question Mr. STEELE. It has got that great dam that it ha-s constructed is on agreeing to the amendments. there. The amendments were agreed to. Mr. BANKHEAD. There is no dam there at all. The Govern­ The SPEAKER. The question now is on the engrossment and ment has a canal around these falls, but there is no Government third reading of the bill. dam there. ~he bill was ordered to be engrossed and read a third time, Mr. RICHARDSON of Alabama. There is no dam, and it does read the third time, and passed. not interfere in any way. On motion of Mr. WACHTER, a motion to reconsider the last The amendment was agreed to. vote was laid on the table. The bill as amended was ordered to be engrossed and read a third time, and was accordingly read the third time, and passed. DAM AND POWER STATION .AT MUSCLE SHOALS, .ALABAMA. On motion of Mr. RICHARDSON of Alabama, a motion to re­ Mr. RICHARDSON of Alabama. Mr. Speaker, I ask unani­ co:bsider the last vote was laid on the table. mous consent for the present consideration of the bill (H. R. 14051) By unanimous consent, the amendment to the title was agreed granting to N. F. Thompson and associates the right to erect a to. dam and construct power station at Muscle Shoals, Alabama, LIGHT-HOUSE AND FOG SIGNAL AT SEMIAHMOO HARBOR, 'W.ASH­ which I will ask to have read. INGTON. The Clerk read as follows: Mr. JONES of Washington. Mr. Speaker, I ask unanimous Be it enactea,, etc., That the consent of Congress is herebi given to N. F. consent for the present consideration of the bill (S. 259) to estab­ Thompson, J. W. Johnson, J. E. Thompson~ and Scott Dibert, for them­ selves, associates, or assigns, to construct a aam or dams in the Tennessee lish a light-house and fog-signal station at Semiahmoo Harbor, River at such points as they may elect, between the western line of section 6, Gulf of Georgia, Puget Sound, State of Washington. township 3, range 9, in Colbert County, Ala., and the mouth of Town Creek, The bill was read, as follows: · in northeastern portion of said county and township, along the southern bank of said river, for the purpose of erecting and operating power stations, Be it enacted, etc., That a light-house and fog-signal station be established and to maintain inlet and outlet races or canals and to make such other im­ in Semiahmoo Harbor, Gulf of Georgia, Puget Sound, State of Washington, provements as may be necessary for the development of water power and together with suitable buildings, under the direction of the Light-House transmission of the same: Provided, That the constructions hereby author­ Board; and that the sum of $25,000, or so much thereof as may ba necessary, ized do not in any way interfere with the Muscle Shoals Canal or with navi­ be, and the same is hereby, appropriated therefor, out of any money in the gation of said river: Provided further, That until the plans and location of Treasury not ·otherwise appropriated. · the work herein authorized, so far as they_ affect the interests of navigation, The SPEAKER. Is there objection? hav~ been approved by the Secretary of War, the improvements shall not be commenced or built, and the Secretary of War is authorized and directed to Mr. RICHARDSON of Tennessee. Has this bill been consid­ fix reasonable charges for use of said power. ered by a committee of the House? I see it is a Senate bill. SEC. 2. That unless the work herein authorized shall be commenced within Mr. JONES of Washington. Yes, it has been reported by the one year and completed within three years from date hereof the privileges hereby granted shall cease and determine. Committee on Interstate and Foreign Commerce. The commit­ SEc. 3. That the right to alter, amend, or to repeal this act is hereby ex- tee first reported the House bill, and then this bill was refen-ed pressly reserved. to the committee, and unanimously reported. The amendments were read, as follows: The SPEAKER. The question is on the third reading of the In line 8 strike out the words "in Colbert County, Ala." Senate bill. In line 9 strike out the word ''northeastern" and insert in lieu thereof the The bill was ordered to a third reading, and was accordingly word "northern," and the word "said" and insert in lieu thereof the word read the third time, and passed. "Lawrence." In line 10 strike out the words "and township" and insert in lieu thereof On motion of. Mr. JONES of Washington, a motion to recon­ the word "Alabama." · . . sider the last vote was laid on the table. Amend the title so a.s to read; "A bill granting the consent of Congress to By unanimous consent, on motion of Mr. JONES of Washing­ N. F. Thompson and associates to erect a dam and construct power station ton, the corresponding House bill (H. R. 224) was ordered to lie at Muscle Shoals, Alabama." upon the table. The SPEAKER. The gentleman from Alabama asks unani­ ENROLLED BILL SIGNED. mous consent for the present consideration of the bill which the Mr. WACHTER, from the Committee on Enrolled Bills, re­ Clerk has just read. Is there objection? ported that they had examined and found truly enrolled bill of Mr. LACEY. Mr. Speaker, I would like to inquire of the gen­ the following title; when the Speaker signed the same: tleman if this dam crosses the stream entirely? H. R. 11535. An act for the protection of game in Alaska, and Mr. RICHARDSON of Alabama. Well, no; it does not inter­ for other purposes. fere with the fisheries; the fisheries have nothing in the world to do with the bill. It is an electric power to be placed there to com­ ENROLLED BILLS PRESENTED TO THE PRESIDENT OF THE UNITED municate with certain cities round about. • STATES. Mr. LACEY. At the present dam? Mr. WACHTER also, from the Committee on Enrolled Bills, Mr. RICHARDSON of Alabama. Yes. There is no objection reported that they had presented this day to the President of the to it; it does not interfere with the _question of the fisheries. United States for his approval bills of the following titles: Mr. STEELE. I would like to inquire if any arrangement has H. R. 357. An act for the relief of Levi Maxted; · been made fixing the price the Government is to get for erecting H. R. 7319. An act granting an increase of pension to Frances the dam there for a private enterprise? H. Anthony; Mr. RICHARDSON of Alabama. No, sir; no an-angement has H. R. 2901. An act to remove the charge of desertion borne­ been made about that, but there is an ~pplication now pending opposite the name of Abram Williams; before the Secretary of War in a written communication that I H. R. 8752. An act auth01izing the board of supervisors of have addressed to him upon the subject of just such a power as is Santa Cruz County, Ariz., to issue bonds for the erection of a. there now, to arrange and fix a rate. court-house and jail for said county; Mr. STEELE. I did not know what was proposed in the way H. R. 13359. An act making appropriations for fortifications of charges to be fixed, howtheywere to be fixed. Now, the Gov­ and other works of defense, for the armament thereof, for the ernment has been at a great expense to erect a dam and no indi­ procurement of heavy ordnance for trial and service, and for vidual should monopolize that power. I do not kno~ whether it other purposes; and is here in this bill or not. H. R. 14018. An act to increase the limit of cost of certain public- 62!14 CONGRESSIONAL RBCORD~ROUSE JUNE 3,

buildings, to authorize the purchase of sites for public buildings.!' REPORTS OF COMMITTEES ON PUBLIC BILLS AND to authorize the erection and completion of public buildings; and RESOL"UTIONS. for other purposes. U nd.e1: cla.use 2. of Rule XIIL bills-and resolutions of the· follow­ SENATE. RESOLUTIONS: REFE.R.RED. ing titles were. severally reponed from committees, delivered to Under clause 2 of Ruie XXIV,.Sena.te jo:int resolution and.Senate the ©erk; and referred to the·seve:r;aJ: Calendars therein named., as concurrent re olntion. wera ta;lren from the- Speaker's table- and foll.ows~ . referred to their appropriate committees as foll(l)WS: Mr. RICHARDSON of Alabama, from the Committee on Inter­ S. R. 108. Joint :resolution authorizing the Secretary oil' the state and Foreign Commercer to which. was referred the bill of Treasury to. puxchase additional gr:oumifor the post-office-; com:t-­ the House (H. R. 14780) authorizing the Newport Bridge, Belt house, and custom-house at Jacksonville, Fia.-to the Committee and Terminal Railway Company: to colliltruet a bridge aero s oL. Public Buildings and Grounds. White Rive11 in .Arkansas, reported the same without amendment, Senate con.cw:rent resolution 4.8-:- accompanied by a report (No. 2334); which said bill and report Resolved by the Senate (the House of Rep1·esentatives concw-r-ing), That there were referred to the House Calendar. be printed 5,000 additional copies o~ the Reports on the La..w of Civil Govern• Mr. DALZELL, from the Committee on. Ways and Means, to • ment under· M.ilitary Occupation, submitted: to the Secretary ot War by Charles E. Magoon, la.w offi.cer, Division of Insular A-ffairs, War Depa1:tm.en.t, which was referred the bill of the Senate (S. 2848) for the estab­ of which 1,400 copies shall•be for the use of the Senate, 2,800 for the House of lishment of a. subport of entry at Naco, Ariz., reported the same Representatives, and 800 fo~ the War Depar.tment-- without amendmen.t, accompanied by a report (No. 2341); which to,the Committee on:.Printing. . said, bill and report were referxed to the Committee of the Whole GRANT OF LANDS TO STATE OF IDAHO. House on the state of the Union. Mr. GLENN. Mr. Speaker, I ask unanimous consent for the present consideration of the bill (S. 3800) to grant certain lands REPORTS OF COMMITTEES ON PRIVATE BILLS AND to the State of Idaho. RESOLUTIONS. The bill was read, as follows: Be it enacted, etc., That lots 7 and 8 in section.21., the northwest quarter of Under clause 2 of Rule XIII, private bills and resolutions of the southwest-quarter; ami lots 9 and 10 in section..22, all in township 9 south, the following tities were se-verally reported from committees, de­ range 38 east, base meridian, in the State of Idaho, are hereby ceded., granted1 livered to the Clerk, and referred to the Committee of the Whole relinquished, and conveyed unto the said State of Idaho, to be held by said State for public use under such regulations as said State may yrescribe. House, as follows: Mr. RUMPLE, from the Committee on Invalid Pensions, to The· SPEAKER. Is there objection? which was referred: the bill of the House (H. R. 6968) for there­ Mr. STEELE. Let us know what these lands are. lief of·Cappie King, reported the same with amendments, accom­ Mr. GLENN. This bill is simply to give the hot springs- at panied: by a report (No. 2310); which said. bill and report were Lava to the State of Idaho, to prevent the::J... going into the hands of private parties. The reservation will be open to entry on the referred to the Private Calendar. 17th of this month, and we want to reserve these springs to the Mr. SULLOWA Y, from the Committee on Invalid Pensions, to which was referred the bill of the· House (H. R. 9016~ granting an. State rather than have them go into the hands of private indi­ increase of pension to Jane Brosnan, reported the· same with viduals. amendment, accompanied by a report (No, 2311) ; which said bill Mr. STEELE. How many acres? and report were referred to the Private-Calendar. Mr. GLENN. One hundred and sixty- acres, just the quarter Mr. GIBSON, from the Committee on Invalid Pensions, to section on which the springs are located. which was referred the- bill of the House (H. R. 14784) granting Mr. STEELE. Is there any· G9vernment building there? a pension to Johniken L. 1\Iyn.att, reported the same with amend­ Mr. . GLENN. No, sir; th.aState will have to build reservoirs ment, accompanied by a report (No. 2312); which said bill and or pools, and· also buildings to accommodate the public. report were referred to the Private Calendar. Jltu~. STEELE. Is th-e bill unanimollsly reported by the Mr. SULLOWAY, from the Committee on fuvalid Pensions-, committee? to which was referred the bill of the House- (H. R. 14701) grant­ Mr. GLENN. Yes. ing a pension to Mary A. Peters, reported the same with amend­ The SPEAKER. Is there objection?" . ments, accomJ>anied by a.report (No. 2313); which. said bill and There was n(l) objection. · report were referred to the Private Calendar. The bill was ordered to a third reading; and was accordingly Mr. RUMPLE, from the Committee on Invalid Pensions;· to read! the tlli:I:d time, and passed. which was- referred the bill of the House (H. R~ 6970) for the re­ On motion of Mr-. GLENN, a- motion to reconsider the last vote lief of :1\fonora; Stimson, reported the same- with amendm..ents, ac­ was laid on the- table~ companied by a report (No. 2314) -; which said bill and report RETURN OF BILLS TO THE SENATE. were referred to the Private Calendar. TB.e SPEAKER laid before the House resolutions of. the Senate Mr. KLEBERG, from the Committee on Invalid Pensions, to requesting the return to the Senate of the bills (S. 22) for the relief which was referred the bill of the House (H. R. 4'170) granting ofEzra S. Havens, (S. 21) for the relief of JohnS. Neet, jr., and an increase of pension to Heney P. Macloon, reported the same (S. 20) for the relief of Joseph W. Carmack. with amendment, accompanied by a report (No. 2315); which The SPEAKER. If there be no objection, t4ese several re­ said bill and report were referred to the Private Calendar. quests will be complied with... Mr. GIBSON, from the Committee on Invalid Pensions, to There was no. objection. which was referred the bill of the House (H.'R. 14478) granting CHANGE OF REFERE...~CE. an increase of pension to Luman Fuller, reported the same with amendment, accompanied by a report (No. 2316) ; which said bill By unanimous consent,.the Committee on Claims was discharged and report were referred to the Private Calendar. from the further consideration of the bill (H. R. 14781) providing Mr. RUMPLE., from the· Committee- on. Invalid Pensions, to for the payment of accrued and unused lea-ve of absence of cer­ which was referred the bill of the House (H. R. 14416) granting tain employees in the Census Bureau, and the same- was referred an increase of pension to Albert H. Phillips, reported the same to the Select Committee on the Census. with amendments, accompanied by a report (No. 2317); which LE.A. VE OF .ABSENCE. said bill and report were referred: to the Private Calendar. By unanimous consent, Mr. HEATWOLE obtained leave of absence Mr. SULLOWAY, from the Committee on. Invalid Pensions, fo1· two weeks, on account of sickness. to which was referred the bill of the House (H. R. 13943) grant­ ing an increase of pension to Charles M. Grainger, reported the TH.OM.A.S .ALLEN. same with amendment, accompanied by a report- (No. 2318); By unanimous consent, on motion of Mr. LESSLER,leave was which said bill and report were referred to the Private Calen­ granted to withdr~w from the files of the House, ~tho~t leaving dar. copies the papers m the case of Thomas Allen., Fifty-sixth Con­ Mr. RUMPLE, from the Committee on Invalid Pensions, to gress,. 'no adverse report having been made thereon. which was referred the bill of the- House (H. R. 13463) granting And then, on motion of Mr. JENKINS (at 4 o'clock and 56 min· an increase of pension to Hiram .A.. Hober, reported the same with utes p. m.), the House· adjourned. amendment, accompanied by a report (No. 2319); which said bill and report were referred to the Private Calendar. EXECUTIVE COl\IMUNIC.A.TION Mr. DEEMER., from the Committee on. .Invalid Pensions, to Under clause 2 of Rule XXIV, the following_ executive com­ which was referred the bill of the House (H. R. 13367) granting munication was taken from the Speaker's tc'lble and referred as an increase of pension to Jonathan .A.. Walbert, reported the same follows: · with amendments, accompa-nied by a report (No. 2320); which .A. letter from the Secretary of the futerior, transmitting a re­ said bill and report were referred to the Private Calendar. port on the adjustment of the Osage traders' claims-to the Com­ He also, from the- same committee, to which. was referred the ' mittee on Indian Affairs, and ordered to be printed. bill of the House (H. R. 133'73) granting an increase of pension 1902.- CONGRESSIONAL REOORD-HOUSE. 6255 to Amos W . Marsh, reported the same with amendment, accom­ pa.nied by a report. (No. 2340); which said bill and report were panied by a report (No. 2321); which said bill and report were referred to the P rivate Calendar. • · referred to the Private Calendar. Mr. KLEBERG, from the Committee on Invalid Pensions, to ADVERSE REPORTS. which was referred the bill of the Honse (H. R . 6656) granting a Under clause 2 of Rule XITI, adverse reports were delivered to pension to Samantha Cox, reported the same with amendments, the Clerk, and laid on the table, as follows: accompanied by a report (No. 2322); which said bill and report Mr. MONDELL, from the Committee on Military Affairs, to were referred to the Private Calendar. which was referred the bill of the Honse (H. R. 2899) to remove Mr. SULLOWA Y, from the Committee on Invalid Pensions, the charge of desertion from the record of Martin Barley, reported to which was referred the bill of the House (H. R . 3982) granting the same adversely, accompanied by a report (No. 2337); which an increase of pension to Alonzo Carpenter, reported the same said bill and report were ordered to lie on the table. with amendment, accompanied by a report (No. 2323); which He also, from the same committee, to which was referred the said bill and report were referred to the Private Calendar. bill of the Honse (H. R. 10751) for the relief of George Richard­ Mr. KLEBERG, from the Committee on Invalid Pensions, to son. reported the same adversely, accompanied by a report (No. which was 1·eferred the bill of the House (H. R: 14377) granting 2338); which said bill and report were ordered to lie on the table. a pension to Josephine Stewart, reported the same with amend­ ments, accompanied by a report (No. 2324); which said bill and CHANGE OF REFERENCE. report were referred to the Private Calendar. 1\Ir. RUMPLE, from the Committee on Invalid Pensions, to Under clause 2 of Rule XXII, committees were discharged from which was referred the bill of the Honse (H. R. 9807) granting the consideration of bills of the following titles; which were there­ an increase of pension to Hiram Janes, reported the same with upon referred as follows: amendment, accompanied by a report (No. 2325); which said bill A bill (H. R. 8944) for the relief of Daniel J . Ockerson-Com­ and report were referred to the Private Calendar. mittee on Claims discharged, and referred to the Committee on Mr. GIBSON, from the Committee on Invalid Pensions to War Claims. which was referred the bill of the Honse (H. R. 6031) granting. A bill (H. R . 14806) granting an increase of pension to Mary a pension to Adell Augusta Steward, reported the same with Clayton-Committee on Invalid Pei1Sions discharged, and referred amendments, accompanied by a report (No. 2326); which said bill to the Committee on Pensions. and report were referred to the Private Calendar. A bill (H. R. 10988) g1·anting a pension to Howard M. Stiles­ Mr. SULLOWAY, from the Committee on Invalid Pensions, Committee on Invalid Pensions discharged, and refened to the to which was referred the bill of the Senate (S. 1132) g1-anting an Committee on Pensions. increase of pension to R. Sherman Langworthy, reported the same A bill (H. R. 14807) granting an increase of pension to Jose­ without amendment, accompanied by a report (No. 2327); which phine White-Committee on Invalid Pei1Sions discharged, and said bill and report were referred to the Private Calendar. referred to the Committee on Pensions. Mr. RUMPLE, from the Committee on Invalid Pensions, to A bill (H. R. 14808) g1·anting an increase. of pension to Emile which was referred the bill of the Senate (S. 2375) granting an Breaux-Committee on Invalid Pensions discharged, and referred increase of pension to Daniel Ridinger, reported the same without to the Committee on Pensions. amendment, accompanied by a report (No. 2328); which said bill A bill (H. R. 14809) granting an increase of pension to Marie and report were referred to the Private Calendar. A. Dargle-Committee on Invalid Pensions discharged, and re­ Mr. SULLOWAY, from the Committee on Invalid Pensions, ferred to the Committee on Pensions. to which was referred the bill of the Senate (S. 2051) granting A bill (H. R. 14810) g1·anting an inc1·ease of pension to. Rebecca an increase of pension to Henry W. Tryon, reported the same Broussard-Committee on Invalid Pensions discharged, andre­ without amendment, accompanied by a report (No. 2329); which ferred to the Committee on Pensions. said bill and report were referred to the Private Calendar. He also, n·om the same committee, to which was referred the PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. bill of the Senate (S. 7) granting an increase of pension to Wil­ Under clause 3 of Rule XXII, bills, resolutions, and memorials liam H. Thomas, reported the same without amendment, accom­ of the following titles were introduced and severally referred, as panied by a report (No. 2330); which said bill and report were follows: · referred to the Private Calendar. By Mr. CLARK: A bill (H. R. 14838) declaring a certain por­ Mr. CROWLEY, from the Committee on Invalid Pensions, to tion of the Maramec River to be an unnavigable stream-to the which was referred the bill of the Senate (S. 2653) granting an Committee on Interstate and Foreign Commerce. increase of pension to J oshna Weaver, reported the same without By Mr. WILEY: A bill (H. R . 14839) providing that the circuit amendment, accompanied by a report (No. 2331); which said bill court of appeals of the fifth judicial circuit of the United States · and report were referred to the Private Calendar. shall hold at least one term of said court annually in the city of Mr. SULLOWAY, from the Committee on Invalid Pensions, to Montgomery, in the State of Alabama, on the first Monday in which wa.s referred the bill of the Senate (S. 5924) granting an September in each year-to the Committee on the Judiciary. increase of pension to Edwin Young, reported the same without By Mr. WOODS; A bill (H. R. 14840) to amend sections 2 and amendment, accompanied by a report (No. 2332); which said bill 3 of all act entitled "An act to determine the jurisdiction of the and report were referred to the Private Calendar. circuit courts of the United States, and to regulate the removal of Mr. MILLER, from the Committee on Claims, to whioh was causes from the State conrts1 and for other purposes," approved referred the bill of the Senate (S. 1308) for the relief of Mrs. Julia March 3, 1875, as the same is amended by an act approved Mru:ch ·L. Hall, reported the same without amendment, accompanied by 3, 1887, as amended by an act approved August 13, 1888-to the a report (No. 2333); which said bill and report were referred to Committee on the Judiciary. the Private Calendar. By Mr. BALL of Texas: A bill (H. R. 14841) to amend an act M.r. ESCH, from the Committee on Military Affairs, to which entitled "An act to prohibit the coming into, and to regulate the was referred the bill of the Honse (H. R. 8663) to remove the residence within, the United States, its Territories, and all terri­ charge of desertion from the military record of Charles F. Wood­ tory under its jurisdiction, and the District of Columbia, of Chi­ ford and grant him an honorable discharge, reported the same nese and persons of Chinese desoent," approved April 29, 1902- with amendment, accompanied by a report (No. 2335); which to the Committee on Foreign Affairs. said bill and report were referred to the Private Calendar. By Mr. THOMPSON: A bill (H. R. 14893) to appropriate Mr. MANN, from the Committee on Interstate and Foreign $2,500 to erect a soldiers' monument at Emuckfaw, Tallapoosa Commerce, to which was referred the bill of the Honse (H. R. County, Ala,-to the Committee on the Library. 11019) directing the Secretary of the Treasury to bestow medals By Mr. GRAHAM: A bill (H. R . 14894) to provide a seal for upon First Lieut. David H. Jarvis, Second Lieut. Ellsworth P. United States commissioners-to the Committee on the Judiciary. Bertholf, and Samuel J. Call, surgeon, all of the Revenue-Cutter Also, a bill (H. R~ 14895) amending section 21 of an act making Service, reported the same without amendment, accompanied by appropriations for the legislative, executive, and judicial expenses a report (No. 2336); which said bill and report were referred to of the Government for the fiscal year ending June 30, 1897, and the Private Calendar. for other purposes, approved May 28, 1896-to the Committee on 1\fr. CAPRON, from the Committee on Military Affairs, to the Judiciary. . which was referred the bill of the Senate (S. 1115). for the relief By Mr. LOUDEl{SL.A.GER: A joint resolqtion (H. J. Res. 198) of Francis S. Davidson, late first lieutenant, Ninth United States giving authority to the Commissioners of the District of Colnm~ Cavalry, reported the same without amendment, accompanied bia to make special regulations for the occasion of the Thirty-sixth by a report (No. 2339); which said bill and report were referred National Encampment of the Grand Army of the Republic, to be to the Private Calendar. held in the District of Columbia in the month of October, 1902, Mr. ESCH, from the Committee on Military Affairs, to which and for other purposes incident to said encampment-to the Com· was referred the bill of the Honse (H. R. 14770) for the relief of mittee on the District of Columbia. James S. Harber, reported-the same without amendment, accom- By Mr. HULL: ·A joipt resolutio (H. J. Res. Hl9) anthorizin~ 6256 CONGRESSIONAL RECORD-HOUSE. JUNE. 3,

the President of the United .States to cause medals to be struck Also, a bill (H. R. 14874) granting an increase of pension to and presented to officers and soldiers and others who served in the Obadiah Stines-to the Committee un Invalid Pensions. Spanish war, and for other purposes-to the Committee on Mili­ .Also, a bill (H. R. 14875) granting an increase of pension to tary Affairs. Joseph Bates-to the Committee on Invalid Pensions. By Mr. NAPHEN: A resolution (H. Res. 286) requesting the Also, a bill (H. R. 14876) granting an increase of pension to Secretary of State to furnish the House with a list of American Thomas Harrison-to the Committee on Invalid Pensions. citizens now detained as prisoners of war by the British authori­ Also, a bill (H. R. 14877) granting an increase of pension to ties-to the CJmmittee on Foreign Affairs. William Hall-to the Committee.on Invalid Pensions. Also, a bill (H. R. 14878) granting an increase of pension to William H. H. McPherson-to the Committee on Invalid Pen- PRIVATE BILLS AND RESOLUTIONS. sions. Under clause 1 of Ru1e :xxn, private bills and resolutions Also, a bill (H. R. 14879) granting an increase of pension to of the following titles were introduced and severally referred as, Isaac W. Sebring-to the Committee on Invalid Pensions. follows: Also, a bill (H. R. 14880) granting an increase of pension to By Mr. ADAMSON: A bill (H. R. 14842) for the relief of the William Scheall_.:to 'the Committee on Invalid Pensions. heirs of W. L. Gordon, of Spalding County, Ga.-totheCommit­ Also, a bill (H. R. 14881) for the relief of Henry L. Hawkins­ tee on War Claims. to the Committee on Claims. Also, a bill (H. R. 14843) to pay Hewlette A. Hall balance due Also, a bill (H. R. 14882) for the relief of K. G. Vaughan-to for services in connection with the Paris Exposition-to the Com­ the Committee on War Claims. mittee on Claims. Also, a bill (H. R. 14883) granting an honorable discharge to By Mr. BULL: A bill (H. R. 14844) for the relief of Louis A. Andrew J. Point-to the Committee on Military Affairs; Yorke-to the Committee on Naval Affairs. By Mr. POWERS of Massachusetts: A bill (H. R . 14884) grant­ . Bv Mr. CASSINGHAM: A bill (H. R. 14845) granting a pen­ ing an increase of pension to Benjamin E. Sweetland-to th& sion· to Margaret Snyder-to the Committee on Pensions. Committee on Invalid Pensions. By Mr. EDWARDS: A bill (H. R.1484.-6) grantinganincreaseof By Mr. RICHARDSON of Alabama: A bill (H. R. 14885) for pension to Homer Wilson-to the Committee on Invalid Pensions. the relief of the trustees of the Cumberland Presbyterian Church . By Mr. _FEELY: A bill (H. R. 14847) granting an increase of of NGW Garden Camp Ground-to the Committee on War Claims. pension to James H. Mitchell-to the Committee on Invalid Pen­ Also, a bill (H. R. 14886) for relief of Thomas W. White-to sions. the Committee on War Claims. By Mr. JOY: A bill (H. R. 14848) granting a pension to Jacob By Mr. HENRY C. SMITH: A bill (H. R. 14887) granting a. Goetz-to the Committee on Invalid Pensions. pension to Charlotte Dubry, guardian of George Ansell, incom­ By Mr. KAHN: A bill (H. R. 14849) granting an increase of petent son of Henry J. Ansell-to the Committee on Invalid pension to Andrew Casey-to the Committee on Pensions. Pensions. By Mr. KETCHAM: A bill (H. R. 14850) granting an·ears of By Mr. SPARKMAN: A bill (H. R. 14888) granting a pension pension to Pauline M. Beach, widow of Henry S. Beach, de­ to John T. Jerkins-to the Committee on Pensions. · · ceased, late of Company B, Sixth Regiment Michigan Infantry Also, a bill (H. R. 14889) granting a p~nsion to James T. Volunteers, and First Regiment Michigan Heavy Artillery Volun­ Lundy-to the Committee on Invalid Pensions. teers-to the Committee on Invalid Pensions. Also, a bill (H. R. 14890) granting an increase of pension to By Mr. KNAPP: A bill (H. R. 14851) granting an increase of Perry E. Bagwell-to the Committee on Invalid Pensions. pension to Abiah D. Williams, late of Company I, Fifth New York By Mr. VAN VOORHIS: A bill (H. R. 14891) granting ·an in­ Heavy Artillery-to the Committee on Invalid Pensions. crease of pension to William Ross-to the Committee on Invalid By Mr. LITTLE: A bill (H. R. 14852) granting an increase of Pensions. pension to Melvina Dunlap-to the Committee on Pensions. Also, a bill (H. R. 14892) granting an increase of pension to By Mr. LITTLEFIELD: A bill (H. R. 14853) to remove the George W. Brill....:....to the Committee on Invalid Pensions. charge of desertion from the naval record of Frank C. Whitney­ By Mr. GillSON: A bill (H. R. 14896) granting a pension to to the Committee on Naval Affairs. Mary A. Huffstetler-to the Committee on Invalid Pensions. By Mr. NEVIN: A· bill (H. R. 14854) granting a pension to By Mr. THOMPliON: A bill (H. R.14897) granting an increas& Anaeline Gross-to the Committee on Invalid Pen ions. of pension to Phillip Mooney-to the Committee on Pensions. Also, a bill (H. R. 14855) granting a pension to Lucretia Bart­ By Mr. SULLOWA Y: A resolution (H. Res. 287) providing for lett-to the Committee on Invalid Pensions. the payment to Marcellus Butler of 100 as janitor to the Com­ Also, a bill (H. R. 14856) granting a pension to Hattie E. mittee on Invalid Pensions-to the Committee on Accounts. ' McLain-to the Committee on Invalid Pensions. Also, a bill (H. R. 14857) granting a pension to Eliza Sherman Smith-to the Committee on Invalid Pensions. PETITIONS, ETC. Also, a bill (H. R. 14858) granting a pension to Jennie Fish­ Under clause 1 of Rule XXII, the following petitions and papers baugh-to the Committee on Invalid Pensions. were laid on the Clerk's desk and referred as follows: Also, a bill (H. R. 14859) granting a pension to Margaret Me­ By Mr. CASSINGHAM: Paper to accompany House bill grant­ Sherry-to the Committee on Invalid Pensions. ing a pension to Margaret Snyder-to the Committee on Pensions. Also, a bill (H. R. 14860) granting a pension to Harriett Zim­ By Mr. CONRY: Resolutions of the New England Shoe and merman-to the Committee on Invalid Pensions. Leather Association against the admission of Territories-to the 1 Also, a bill (H. R. 14861) granting a pension to Margaret A. Committee on the Territories. Morse-to the Committee on Invalid Pensions. Also, resolutions of the same association, in favor of irrigation Also, a bill (H. R. 14862) granting a pension to Kate Vande­ appropriations-to the Committee on Irrigation of Arid Lands. grift-to the Committee on Invalid Pensions. By Mr. EDWARDS: Papers to accompany House bill granting By Mr. CLARK: A bill (H. R. 14863) granting a pension to an increase of pension to Homer Wilson-to the Committee on Charles E. Foley-to the Committee on Invalid Pensions. Invalid Pensions. By Mr. NEVIN: A bill (H. R. 14864) granting a pension to By Mr. FITZGERALD: Resolutions of the Purcell Commer­ Robert D. Bailey-to the Committee on Invalid Pensions. , cial Club, Purcell, Ind. T., opposing the passage of the Flynn Also, a bill (H. R.14865) granting a pension to HenryL. Kyler­ bill or the Moon bill-to the Committee on the Tenitories. to the Comm'i.ttee on Invalid Pensions. Also, resolutions of Electrical Workers' Brotherhood No. 3, of Also, a bill (H. R. 14866) granting an increase of pension to New York City, indorsing House bill6279, to increase the pay of Thomas Case-to the Committee on Invalid Pensions. letter caniers-to the Committee on the Post-Office and Post­ Also, a bill (H. R. 14867) granting an increase of pension to Roads. Emanuel Trubee-to the Committee on Invalid Pensions. By Mr. GRAHAM: Resolutions of Allegheny Turners' Asso­ Also, a bill (H. R. 14 68) granting an increase of pension to ciation and Troy Hill Turn Verein Society, Allegheny, Pa., North George W. Purcell-to the Committee on Invalid Pensions. American Gymnastic Union, in regard to House bill12199-to Also, a bill (H. R. 14869) granting an increase of pension to T. the Committee on Immigration and Naturalization. C. Mitchell-to the Committee on Invalid Pensions. By Mr. HENRY: Resolutions of the common council, Central Also, a bill (H. R. 14870) granting an increase of pension to Labor Union, and Retail Clerks' Association, of New Britain,. Thomas McHose-to the Committee on Invalid Pensions. Conn., indorsing House bill 6279, to increase the pay of letter­ Also, a bill (H. R. 14871) granting an increase of pension to carriers-to the Committee on the Post-Office and Post-Roads. William Van Gundy-to the Committee on Invalid Pensions. By Mr. IRWIN: Petition of numerous citizens of Louisville,. Also, a bill (H. R. 14872) granting an increase of pension to Ky., urging the passage of House bills 178 and 179, proposing to. JosephS. Davis-to the Committee on Invalid Pensions. · reduce the tax on whisky-to the Committee on Ways and Also, a bill (H. R. 14873) granting an increase of pension to Means. • John M. Flynn-to the Committee on Invalid Pensions. By Mr. LACEY: Resolutions of Un~ted Mine Workers' Union. 1902. CONGRESSIONAL RECORD- SENATE. 6257 -- No 178 of Beacon Iowa and No.1727, of Hilton, Iowa, favoring SENATE. the. pas~age of the' Gros~enor anti-injunction bill-to the_Com­ mittee on the Judiciary. WEDNESDAY, June 4, 1902. By Mr. LITTLEFIELD: Pe~tion of Henry W. Ma~o.and other Prayer by Rev. F. J. PRETTYMAN, of the city of Washington. citizens of Hampden, Me., urgtng the passage of the JOmt resolu­ The Secretary proceeded to read the Journal of yeste~day ' s pro­ tion for the erection of a monument to the memory of Dorothea ceedings, when, on request of ~r. HoAR, ~nd by unammous con­ Lynde Dix-to the Committee on the Library. sent, the further reading was dispensed with. By Mr. MERCER: Papers to accompany House ~ill14750, gra~t­ The PRESIDENT pro tempore. Without objection, the Jour­ ing a pension to Thomas G. Kelsey-to the Comrmttee on Invalid nal will stand approved. Pensions. . Also, papers to accompany House bill14749 .granting an ~crease ACCOUNTS OF INDIAN TRADERS. of pension to Margaret Heelan-to the Committee on Invalid Pen­ The PRESIDENT pro tempore laid before the Senate a commu­ sions. nication from the Secretary of the Interior, transmitting, pursu­ By Mr. NAPHEN: Resolutions of the ~e~ ED;gland .Sho~ and ant to law a statement of the accounts of Indian traders with the Leather Association, for the enactment of IrngatiOn legislation­ Osage Indians at the Osage Agency,_ togetJ::.er with the sums ~ue to the Committee on Irrigation of Arid Lands. them from these Indians, et.c.; which, With the accompanymg By Jlfr. OTJEN: Petition of Wiscons.in.Sunday Rest Day Asso­ papers, was referred to the Committee on Indian Affairs, and ciation Milwaukee, Wis., for the restnctwn of Sunday work and ordered to be print.ed. traffic~to the Committee on the Judiciary. MESSAGE FROM THE HOUSE. By Mr. POWERS of Massachusetts: Resolutions of ~he bo~rd, of aldermen and common council of Medford, Mass., mdorsmg A message from the House of Representatives, by Mr. W. J. House bill 6279, to increase the pay of letter can·iers-to the Browning, its Chief Clerk, announced that the House had passed Committee on the Post-Office and Post-Roads. the following bills: Also resolutions of Provincetown 1.1aritime Exchange, in favor A bill (S. 259) to establish a light-house and fog-signal station of to pension men of Life-Saving Service-to the Commit­ at Semiahmoo Harbor, Gulf of Georgia, Puget Sound, State of ala~ Washington; and tee on Inte<~state and Foreign Commerce. By Mr. RICHARDSON of Alabama: Papers to accompany A bill (S. 3800) to grant certain lands to the State of Idaho. House bill for the relief of the trustees of the Cumberland Pres­ The message also announced that the House had passed, with byterian Church of New Garden Camp Ground-to the Commit­ amendments, the bill (S. 312) providing that·the circuit court of tee on War Claims. appeals of the eighth judicial circuit of the United States shall By Mr. ROBERTS: Resolutions of the city governments of hold at least one term of said court annually in the city of Den­ Medford and Everett, Mass., favoring the passage of House bill ver in the State of Colorado, or in the city of Cheyenne, in the 6279, to increase the pay of letter carriers-to the Committee on State of Wyoming, on the first Monday in September in each.year; the Post-Office and Post-Roads. in which it requested the concurrence of the Senate. Also resolutions of Provincetown Maritime Exchange, urging ·The message further announced that the House had agreed to the pa~sage of House bil! 16~, to pension e~ployees and depend­ the reports of the committees of conference on the disagreeing ents of Life-Saving Semce-to the Comrmttee on Interstate and votes of the two Houses on the amendments of the Senate to the Foreign Commerce. following bills: Also resolutions of the New England Shoe and Leather Asso­ A bill (H. R. 11535) for the protection of game in Alaska, and ciation' against admitting Arizona, New Mexico, and Oklahoma for other purposes; and as Stat~s-to the Committee on Territories. A bill (H. R. 12346) making appropriations for the construc­ • Also resolutions of the same association, favoring certain in­ tion, repa:ir, and preservation of certain public works on rivers vestig~tions of irrigation by the United States Geological Sur­ and haTbors, and for other purposes. vey-to the Committee on Irrigation of Arid Lands. The message also announced that the House had passed the following bills; in which it requested the concurrence of the By Mr. RUPPERT: Reso~ution~ of Electri