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1904. CONGRESSIONAL RECORD-SENATE. 2105
Paul, Minn., in favor of Government ownership of factories for A bill (S. 3720) to authorize the St. Joseph and Grand Island naval construction-to the Committee-on Naval Affairs. Railway Company, in the reconstruction of the bridge across the By Mr. THAYER: Petition of Alonzo W. Bond and 21 other Missouri River at or near St. Joseph, Mo., to lower said bridge voters of Worcester, Mass., against the.passage of a bill limiting and to shorten the draw span thereof; and the hom·s of labor-to the Committee on Labor. A bill (S. 3800) donating gun carriages to the Connecticut com- Also, petition of L. G. Lesure and 20 other voters of West missioners for the care and preservation of Fort Griswold. . Boylesfon, Mass., urging passage of Hepburn-Dolliver bill-to the The message also announced that the House had passed with Committee on the Judiciary. amendments the bill (S. 3317) authorizing the Secretary of the By Mr. VREELAND: Resolution of D. T. Wiggins Post, No. Interior to grant right of way for pipe lines through Indian Ter 297, Grand Army of the Republic, Department of New York, in ritory in which it requested the concurrence of the Senate. favor of a service-pension bill-to the Committee on Invalid Pen The message further announced that the House had passed the sions. following bills; in which it requested the concurrence of the Sen By Mr. WADSWORTH: Petition of Rev. F. W. Grnpe and ate: others, of Gainesville, N. Y., for the passage of the Hepburn A bill (H. R. 4074) constituting Utica, N. Y., a port of delivery, Dolliver bill-to the Committee on the Judiciary. and for other purposes; Also, resolutions of Staunton Post, No. 396, Grand Army of the A bill (H. R. 8435) to amend the act of Congress of March 11, Republic, of Lakey, N. Y., favoring the passage of a service 1902, relating to homesteads; pension bill-to the Committee on Invalid Pensions. A bill (H. R. 9777) granting to the city of Port Angeles, State By Mr. WEEMS: Petition and papers to accompany bill H. R. of Washington, for park purposes, certain portions of the Govern 11344, granting a pension to-Emma Bingham Pearce-to the Com ment reserve in said city; and mittee on Invalid Pensions. A bill (H. R. 12446) making appropriations for fortifications Also, paper to accompany bill for the relief of John H. Willis and other works of defense, for the armament thereof, for the to the Committee on Military Affairs. procurement of heavy ordnance for trial and service, and for Also, petition of Short Creek Monthly Meeting of Friends, in other purposes. favor of the Hepburn-Dolliver bill-to the Committee on the Ju- E:t\"'ROLLED BILLS SIGNED. diciary. _ Tne message also announced that the Speaker of the House had Also, resolutions of Hess Post, No. 595, of Armstrongs Mills; signed the following enrolled bills and joint resolution; and they Drummond Post, No. 203, of St. Clairsville; Robert Rilles Post, were thereupon signed by the President pro tempore: No. 220, of Barnesville; Brannum Post, No. 221, of Bridgeport; A bill (S. 38) granting an increase of pension to Miriam R. Taylor Post, No. 616, of Somerton; E. M. Stanton Post, No. 166, Adams; of Steubenville; General W. P. Richardson Post, No. 609, of A bill (S. 70) granting an increase of pension to John G. Brown; Woodsfield; Harlem Springs Post, No. 624, of Harlem Springs; A bill (S.136) granting an increase of pension to Mary T. Strick James P. Mann Post, No. 267, of Lewisville, and J. G. Riethmilller land: Post, of Hannibal, Grand Army of the Republic, all of Ohio, for A bill (S. 142) granting an increase of pension to Henry W. the passage of a service-pension bill-to the Committee on Invalid Nichols; . Pensions. A bill (S. 167) granting an increase of pension to J. Hudson By Mr. WILLIAMS of illinois: Papers to accompany bill H. R. Kibbe; 12301, for the relief of D. L. d'Elysee, alias Leopold Bohm-to the A bill (S. 189) granting an increase of pension to Edwin H. Committee on Military Affairs. Wheeler; Also, paper to accompany bill granting an increase of pension A bill (S. 191) granting an increase of pension to Francis Roy; to Alexander Reun-to the Committee on Invalid Pensions. A bill (S. 265) granting an increase of pension to Frances Gray; A bill (S. 593) granting an increase of pension to William H. Horn; A bill (S. 594) granting an increase of pension to ~mley T. SENATE. Johnson; SATURDAY, February 20, 1904. A bill (S. 782) granting a pension to Mary D. Duval; A bill (S. 797) granting a pension to Mary H. Allen; Prayer by the Chaplain, Rev. EDWARD EVERETT HALE. A bill (S. 846) granting an increase of pension to Catharine W. The Secretary proceeded to read the J ourna.l of the proceedings Collins; of Thursday last, when, on the request of Mr. GALLL~GER, and by A bill (S. 880) granting an increase of pension to Allen W. (alias unanimous consent, the fm·ther reading was dispensed with. Albert) Hall; The PRESIDENT pro tempore. Without objection, the Journal A bill (S. 889) granting an increase of pension to Catherine A. will stand approved. Brown; A bill (S. 891) granting an increase of pension to Erwin R. FRENCH SPOLI.A.TION CLAIMS. Cole; The PRESIDENT pro tempore laid before the Senate a com A bill (S. 895) granting an increase of pension to Charles Dis munication from the assistant clerk of the Court of Claims, trans brow; mitting the conclusions of fact and of law filed under the act of A bill (S. 897) granting an increase of pension to Lewis D. January 20, 1885, in the French spoliation claims set out in the Frogge; findings by the court relating to the vessel schooner Washington, A bill (S. 962) granting an increase of pension to Jennet Thoits; Hem-y Chichester, master; which, with the accompanying paper, A bill (S. 980) granting an increase of pension to Mary von was referred to the Committee on Claims, and ordered to be Kusserow; printed. . A bill (S. 1239) granting an increase of pension to John Adam He also laid before the Senate a communication from the assist son· ant clerk of the Court of Claims, transmitting the conclusions of A bill (S. 1241) granting an increase of pension to Hamlet F. fact and of law filed under the act of January 20, 1885, in the Roberts; French spoliation claims set out in the findings by the court re A bill (S. 1242) granting an increase of pension to Thomas Davis; lating to the vessel brig Orion, Frederick Hopkins, master; which, A bill (S. 1356) granting a pension to Robert Kelley; with the accompanying paper, was referred to the Committee on A bill (S. 1358) granting an increase of penBion to William W. Claims, and ordered to be printed. Lackey; He also laid before the Senate a communication from the assist . A bill (S. 1428) granting an increase of pension to George Pen- ant clerk of the Court of Claims, transmitting the conclusions of nrngton; . fact and of law filed under the act of January 20, 1885, in the A bill (S. 1451) granting an increase of pension to Eleanor H. French spoliation claims set out in tne findings by the court re Hord; lating to the vessel brig Fly, James Merrihew, master; which, A bill (S. 1490) to authorize the sale of a part of what is known with the accompanying paper, was referred to the Committee on as the Red Lake Indian Reservation in the State of Minnesota· Claims, and ordered to be printed. A bill (S. 1532) granting an increase of pension toElecta All~n; ME-S AGE FROM THE HOUSE. A bill (S. 1597) granting a pension to Rosa D. Mayhew; A bill (S. 1688) granting an increase of pension to Frederick A message from the House of Repre entatives, by Mr. W. J. Bellman; BROW1\~G, its Chief Clerk, announced that the House had passed A bill (S. 1689) granting an increase of pension to Henry H. the following bills: Houghton; · A bill (S. 113) to enable the Secretary of the T1·easm·y to pay A bill (S. 1799) granting an increase of pension to Charles E. to the State of Vermont money appropriated by the act of Con Decker; • gress of July 1, 1902, and to adjust mutual claims between the A bill (S. 1802) granting an increase of pension to Isaa~ M. United States and the State of Vermont; Couch;
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2106 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20,
A bilf (S. 1911) granting an increase of pension to Ambrose W. A bill (S. 2712) granting an increase of pension to Harriet Ell- Severance; lings; A bill (S. 1912) granting an increase of pension to Joseph W. A bill (S. 2797) granting an increase of pension to Edward A. Booker; . Catting; · A bill (S. 1935) providing for the holding of an additional term A bill (S. 2841) granting a pension to Jane Patterson; of court in the northern district of West Virginia at Martins- A bill (S. 2858) granting an increase of pension to D,elia B. burg W.Va. Stuart; A bill (S. 1937) granting an increase of pension to Samuel A bill (S. 2889) granting an increase of pension to John Beaird; Richards; A bill (S. 2924) granting an increase of pension to Samuel E. A bill (S. 19±7) granting an increase of pension to Patrick Cormany; Judge-; A bill (S. 2947) granting an increase of pension to Thomas But- A bill (S. 1953) granting a pension to Susan Fenno; ton· A bill (S. 1954) granting an increase of pension to Benton D. A bill (S. 2965) granting an increase of pension to John Her- Bitner; zinger· A bill (S. 1956) granting an increase of pension to Seth H. Craig; A bill (S. 3166) granting an increase of pension to Levi B. Lewis; A bill (S. 2061) granting an increase of pension to William H. A bill (S. 3400) to amend the act entitled "An act granting a Bal'low; _ pension to Flora Stanton Kalk," approved February 25, 1809; A bill (S. 2068) granting an increase of pension to Julia A. A bill (S. 4125) to authorize the Little Rock and Monroe Hail- Roberts; . way Company to co:!lStruct, maintain: and use a bridge across A bill (S. 2093) granting an increase of pension to Victoria M. Ouachita River, in the State of Louisiana, at a point between Steele: Ouachita City and the mouth of Bayou Loutre; A bill (S. 2103) granting an increase of pension to John L. Me-! A bill (H. R. 3584) to authorize the resubdivision of lots or Vey; blocks in the District of Columbia; A bill (S. 2126) granting an increase of pension to Thomas Wil- A bill (H. R. 9640) to amend an act granting to the Keokuk and Iiams, alias Thomas W. Lennox; Hamilton Water Power Company right to construct and main- A bill (S. 2128) granting an increase of pension to George A. tain a dam, and so forth, approved February 8, 1001; Seebold; A bill (H. R. 11823) to authorize the Director of' the Census to A bill (S. 2215) granting a pension to Sallie H. Hoffe~ker ; cooperate with the secretary of state of the State of Michio-an and A bill (S. 2217) granting an increase of pension to Henry C. with officials of other States in taking the census of manufactures; Riggs; and A bill (S. 2222) granting an increase of pension to Richard A. A joint resolution (S. R. 37) providing for the editions to be Kendall; printed of the annual and special reports of the Librarian of Con- A bill (S. 2230) granting an increase of pension to Matilda C. gress. Lothrop; _ . PETI'l.'IO~S AND MEMORllLS. A bill (S. 2236) granting an increase of pension to James Reed; The PRESIDENT pro tempore presentt!d petitions of the con A bill (S. 2245) granting an increase of pension to Daniel Fritz; gregation of the Methodist Episcopal Church of Vilas, of the Ep A bill (S. 2250) granting an increase of pension to Anna Pritch- worth League of Jersey Shore Junction, of the congregation of ard; the United Evangelical Church of Jersey Shore Junction, and of A bill (S. 2298) granting a pension to Patrick J. Conway; the Woman's Christian Temperance Union of Vilas, all in the A bill (S. 2323) relating to ceded lands on the Fort Hall Indian State of Pennsylvania, praying for an investigation of the charges Reservation; made and filed against Hon. REED SxooT, a Senator from the A bill (S. 2373) granting an increase of pension to Charles Cum State of Utah; which were referred to the Committee on Privi mings; leges and Elections. A bilf(S. 2274) granting an increa e of pension to Alonzo :Moses; He also presented a petition of sundry citizens of Wadena, Iowa, A bill (S. 2392) granting an increase of pension to William W. praying for the enactment of legislation to regulate the interst[lte Misner; b·ansportation of intoxicating liquors; which was referred to the A bill (S. 2416) granting an increase of pension to Mary Joanna Committee on the Judiciary. Adams; _ . He also presented memorials of the Beethoven Singing Club, of A bill (S. 2418) granting a pension to Marit Johnson; Manchester, N.H.; of the Concordia Singing Society, of WateT A bill (S. 2440) granting an increase of pension to George Olsen; bury, Conn.; of theSchuetzen Corps, of Brooklyn; of the Schles A bill (S. 2441) granting an increase of pension to Frank Lee; Wig Verein, of Brooklyn; of the Rotenbm·ger Club, of New York A bill (S. 2496) granting an increase of pension to Ebenezer City; of the Sicverner Plattdeutscher Club of New York City; Wing; of the Zovena Club, of New York City; of the Nieder Ochtenhau A bill (S. 2509) granting an increase of pension to Abner B. sen Verein, of New York City; of the Deutscher Laben Versich Edson; erung Verein, of Syracuse; of tha Cen~al New York Krieger Bund, A bill (S- 2517) granting an increase of pension to Elijah Farr; of New York City, and of the United Confectionery Guard of A bill (S. 2527) granting an increase of pension to Joseph Rob- New York City, all in the State of New York; of the Maemier erts; . chor Eintl·acht, of Milwaukee; of the Turn Verein of Medford; A bill (S. 2542) granting an increase of pension to James E. of the Deut~her Turn Verein, of Medford; of Lodge No.'\ of Larkin; Oshkosh; of the Maennerchor Columbia Society, of Medford, and A bill (S. 2543) granting an increase of pension toEllaB. Green; of the Schiller Goethe Monument Association, of Milwaukee, all A bill (S. 2544) granting an increase of pension to Albert T. in the State of Wisconsin; of Lodge No.114, of Cherry Spring· of Severance; Converse Lodge, No. 159, of Converse, and of Forest Lodge, No. A bill (S. 2548) granting an increase of pension to Emma Mc 198, of Hobson, all in the State of Texas; of Schiller De!n"ee Lodge, Farland; No. 16, of St. Louis and of Helvetia Lodge, No. 234, of St. Louis, A bill (S. 2549) granting an increase of pension to Charles W. in the State of Missouri; of Ludm'illa Lodge, No. 18, of East Jellison; hampton, and of Ros Manner Lodge, No. 79, of Boston, in the A bill (S. 2557) granting a pension to Johniken L. Mynatt; State of Massachusetts; of the Helvetia Maennerchor, of Colum A bill (S. 2558) granting an increase of pension to Sallie H. bus~ of the Deutscher Metzger Arbeiter Vere~ of Cincinnati; of Kincaid; Western Reserve Mannie Lodge, No. 78, of Cleveland; of the A bill (S. 2559) granting a pension to James Graham; Schwabischer Benevolent Society, of Columbus, and of the Turn A bill (S. 2561) granting an increase of pension to 1\Iathias S. Verein of Cleveland, all in the State of Ohio; of the Gruetli Friend; Verein, of Pittsburg, and-of the Orpheu Singing Society, of Pitts A bill (S. 2576) granting an increase of pension to James Red burg, in the State of Pennsylvania; of the Austrian-Hungarian shaw; Benefit Society, of St. Paul, Minn.; of the Deutscher Tum Verein, A bill (S. 2-577) granting an increase of pension to Albert Mar of Baltimore, Md.; of the St. John s German Aid Society! of shall· Richmond, Ind.; of the Plattdeutseher Cluh, of Jersey-City N.J.; A bill (S. 2612) granting a pension to Sarah J. Bellamy; of the Eintracht Society, of Newport, R. I., and of the German A bill (S. 264:2) granting an increase of pension to Leonard G._ Soldier Association, of Harlem ill., remonstrating against the Freeman· enactment of legislation to regulate the interstate transportation A bill (s. 2643) granting an increase of pension to Malinda H . of intoxicating liquors; which were referred to the Committee on Chapman; the Judiciary. A bill (S. 2668) granting an increase of pension to Alpheus Faw- Mr. CULLOM presented a petition o.f the Board of Trade of . 1904. . CONGRESSIONAL RECORD-SENATE. 2107 He also presented a petition of the Phidian Art Club, of Dixon, actment of legislation providing for the purchase of a national ill., praying for an investigation of the charges made and filed forest reserve in the White Mountains to be known as the" Na against Ron. REED SMOOT, a Senator from the State of Utah; tional White Mountain Reserve;'' which were referred to the Com which was referred to the Committee on Privileges and Elections. mittee on Forest Reservations and the Protection of Game. He also presented a memorial of sundry citizens of Joliet, ill., He also presented a memorial of theNorth Dakota Retail Hard and a memorial of sundry citizens of Sparta, ill., remonstrating ware Association, of Grand Forks. N.Dak., remonstrating against against the passage of the so-called parcels-post bill; which were the passage of the so-called parcels-post bill; which was referred referred to the Committee on Post-Offices and Post-Roads. to the Committee on Post-Offices and Post-Roads. He also presented a petition of the congregation of the Metho He also presented a petition of Potomac Post, No. 11, Depart dist Episcopal Church of Equality, ill., and a petition of the con ment of the Potomac, Grand Army of the Republic, of Washing gregation of the Zion Methodist Episcopal Church, of Langham, ton, D. C., praying for the enactment of a service-pension law; lll., praying for the enactment of legislation to regulate the inter which was referred to the Committee on Pensions. state transportation of intoxicating liquors; which were referred Mr. PROCTOR presented a petition of A. T. Noyes Post, No. to the Committee on the Judiciary. 116, Department of Vermont, Grand Army of the Republic, of Mr. HOAR presented the petition of John Spear, of Pepperell, Chittenden, Vt., praying for the enactment of a service-pension Mass., praying that he be granted an incroo.se of pension; which law; which wa.s referred to the Committee on Pensions. was referred to the Committee on Pensions. Mr. DILLINGHAM presented petitions of George G. Meade He also presented a petition of the Board of Trade of Somer Post, No. 99, of Barton Landing; of William Wells Post, No. 113, )'ille, Mass., and a petition of the Board of Trade of Worcester, of Williamstown; of E. B. Frost Post, No. 54; of Edwin Dilling Mass., praying for the ratification of a treaty of arbitration be ham Post, No. 22; of Stowe Post, No. 29, and of Ransom Post, No. tween the United States and Great Britain; which were referred 7, all of the Department of Vermont, Grand Army of the Repub to the Committee on Foreign Relations. lic, in the State of Vermont, praying for the enactment of a He also presented a petition of the Appalachian Mountain Club, service-pension law; which were referred to the Committee on of MassachusettB, praying for the preservation of the Calaveras Pensions. Grove of Big Trees, in California; which was referred to the He also presented a petition of the Woman's Christian Temper Committee on Forest Reservations and the Protection of Game. ance Union of Enosburg Falls, Vt., praying for the enactment of He also presented petitions of Lsaac Davis Post, No. 130, Depart legislation to regulate the interstate transportation of intoxicating m~nt of Massachusetts, Grand Army of the Republic; of Gettys liquors; which was referred to the Committee on the Judiciary. burg Post, No. 191, Department of Massachusetts, Grand Army He also presented a petition of sundry citizens of Jamaica, Vt., of the Republic, and of Theron E. Hall Post, No. 77, of Holden, and a petition of the Woman's Christian Temperance Union of Department of Massachusetts, Grand Army of the Republic, all Jamaica, Vt., praying for an investigation of the charges made in the State of Massachusetts, praying for the enactment of a and filed against Ron. REED SMOOT, a Senator from the State of service-pension law; which were referred to the Committee on Utah; which were referred to the Committee on Privileges and Pensions. Elections. He also presented petitions of Hope Lodge, No. 122, Independ Mr. BERRY presented a petition of sundry citizens of Stutt ent Order of Good Templars, of Edgerton, Wis.; of Rough River gart, Ark., and a petition of sundry citizens of Okolona, Ark., Lodge, Independent Order of Good Templars, of Waupun, Wis.; praying for an investigation or the charges made and filed against of Caldwell Lodge,No.146, Independent Order of Good Templars, Ron. REED SMOOT, a Senator from the State of Utah; which were of Wisconsin; of sundry citizens of Sharon, Marlboro, and Ware, referred to the Committee on Privileges and Elections. in the State of Massachusetts, praying for the enactment of legis Mr. BEVERIDGE presented memorials of the Goshen Milling lation to regulate the interstate transportation of intoxicating Company, of Goshen; of the Leesburg Grain and Milling Com liquors; which were referred to the Committee on the Judiciary. pany, of Leesburg; of the Harris Milling Company, of Green '. He also presented a petition of the West End Woman's Club, of castle; of Woodbury & Files, of Muncie, and of B. L.Archibald, Chicago, lll., praying for an investigation of the charges made of Morocco, all in the State of Indiana, remonstrating against the and filed against Ron. REED SMOOT, a Senator from the State of enactment of legislation to provide for the supervision of grain at Utah; which was referred to the Committee on Privileges and terminal points by the Government; which were referred to the Elections. Committee on Agriculture and Forestry. Mr. GALLINGER presented the petition of G. H. Morrison, of He also presented a memorial of the Citizens' Alliance of South Whitefield, N.H., praying for the passage of the so-called Brown Bend, Ind., remonstrating against the passage of the so-called low good-roads bill; which wa.s referred to the Committee on Ag "anti-injunction bill;" which was referred to the Committee on riculture and Forestry. the Judiciary. He also presented a memorial of Adriance, Platt & Co., of Con He also presented a petition of the congregations of the Grace cord, N.H., remonstrating against the enactment of legislation to Methodist Episcopal Church, the Third Methodist Episcopal restrict commerce between the Philippine.Lslands and the United Church, St. Paul's German Lutheran Church, the United Presby States to American. ships after July 1, 1904; which was referred terian Church, the Fifth Street Methodist Episcopal Church, the to the Committee on Commerce. First English Lutheran Church, the South Eighth Street Friends' He also presented petitions of sundry citizens of Nashua, Peter Church, the Second Presbyterian Church, and the First Baptist boro, and Somersworth and of the con'gregation of the Congrega and the First Methodist Episcopal churches, all of Richmond, in tional Church of Merrimac, all in the State of New Hampshire, the State of Indiana, praying for the enactment of legislation to praying for the enactment of legislation to regulate the interstate regulate the interstate transportation of intoxicating liquors; transportation of intoxicating liquors; which were referred to the which was referred to the Committee on the Judiciary. Committee on the Judiciary. Mr. FOSTER of Washington presented a memorial of sundry He also presented petitions of the Board of Trade of Somers citizens of Waterville, Wash., remonstrating against the passage worth; of Cherry Mountain Grange, of Carroll; of New Durham of the so-called parcels-post bill; which was referred to the Com Grange, of New Durham; of Bear Hill Grange, of Herkimer; of mittee on Post-Offices and Post-Roads. · Montcalm Grange, of Enfield; of Bakers River Grange, No. 290, He also presented sundry papers to accompan·y the bill (S. 2089) of Rumney; of Advance Grange, of Wilton; of Jaffrey Grange, of for the removal of the charge of desertion against Andrew C. Jaffrey; of Loudon Surprise Grange, of Loudon; of Strawberry Abbott1 alias Andrews; which were referred to the Committee on Bank Grange, of Portsmouth; of South New Market Grange, Military Affairs. No. 179, of Newfields; of Junior Grange, of Goffst.own; of Pis He also presented a petition of the Chamber of Commerce and tareen Grange, of Chesterfield; of Fitzwilliam Grange, of Fitz Board of Trade, of Tacoma, Wash., praying for the enactment of william; of Ossifee Grange, No. 130, of Triftonboro; of Ocean legislation for the division of the State of Washington into judi Side Grange, No. 260, of Hampton; of Progressive Grange, No. 271; cial districts; which was referred to the Committee on the Judi of Deerfield; of Prospect Grange, of Mount Vernon; of Benning ciary. ton Grange, No. 207, of Bennington; of Barnstead Grange, of Mr. MILLARD presented a petition of Kendall Post, No. 190, Barnstead; of Squam Lake Grange, No. 258, of Ashland; of M. L. Department of Nebraska, Grand Army of the Republic, of Staun Ware Grange, of Rindge; of Sullivan Grange, No.8, of Newport; ton, Nebr., and a petition of Lumbard Post, No.157, Department of Hudson Grange, No. 11, of Hudson; of Pink Granite Grange, of Nebraska, Grand Army of the Republic, of North Loup, Nebr., of North Haverhill; of Rockingham Grange, of Epping; of New praying for the enactment of a service-pension law; which were Found Lake Grange, No. 162, of Bristol, and of U mbagog Grange, referred to the Committee on Pensions. of Errol, all of the Patrons of Husbandry: of the Woman's Club He also presented a petition of sundry citizens of Dakota, Nebr., of Penacook, all in the State of New Hampshire, and of the and a petition of the Young People's Society of Christian Endeavor American Paper and Pulp Association, of New York City; of the of Central City, Nebr., praying for the enactment of legislation Merchants' Association of Boston, and of the Associated Board to regulate the interstate transportation of intoxicating liquors; of Trade of Boston, all in the State of Massachusetts, and of the which we:re referred to the Committee on the Judiciary. Lumber Dealers' Association of Connecticut, praying for the en- He also presented memorials of sundry citizens of Waverly, 2108 CONGRESSIONAL RECORD-SENATE. · FEBRU.A.RY . 20, Auburn, Palmyra, Talmage, Brock, Omaha South Omaha Pa forest reserve in the White Mountains; which was referred to the pillion, Valley, and Millard, all in the State ~f Nebraska re~on Committee on F01·est Reservations and the Protection of Game. strating against the passage of the so-called parcels-~t bill· LABOR TROUBLES IN COLORADO. which were referred to the Committee on Post-Offices and Pos~ Roo&. \ Mr. PATTERSON. Mr. President, early in January the Sen· Mr. CLAPP presented a petition of the Minnesota Council, ator from West Virginia [Mr. ScoTT] presented a statement by praying for the enactment of legislation providing for the preser the mine operators of Colorado with reference to the troubles in vation of the Calaveras Grove of Big Trees in California· which that State, and by unanimous consent it was printed in the REc was referred to the Committee on Forest Reservations ~nd the ORD and also as a public document. Protection of Game. - The Western Federation have prepared an answer to that state He also presented a petition of sundry citizens of Monticello ment. They desire and I desire that it shall receive the same :hfinn., praying for the enactment of legislation to regulate th~ treatment; that it may be printed in the RECORD and printed as interstate transportation of intoxicating liquors· which was re- a public document, and referred to the Committee on the Judi· feiTed to the Committee on the Judiciary. ' ciary. I ask unanimous consent that that may be done. M:. MONE~ !?resented a.le~er from. the Mississippi Valley The PRESIDENT pro tempore. The Senator from Colorado Medical AssoCJ.ation, of Lomsville, Ky., m the nature of a peti asks unanin;10us c~msent that a r:ejoinde_r to a certain paper which tion, praying for the enactment of legislation for the establish has been prmted m the RECORD m relation to troubles in Colorado ment of a laboratory at Washington, D. C., to be under the con be printed in the RECORD and also as a do~ument. trol of_ the Governme~t, for the study o~ the criminal, pauper, and Mr. HOAR. I desire to ask the Senator from Colorado what is defective classes; which was referred to the Committee on Edu the document which has been printed already? cation and Labor. Mr. PATTERSON. It is in the nature of a petition and is a He al o presented an affidavit to accompany the bill (S. 1074) reply- for the relief of the estate of Jane N. Gibson deceased of War ¥r. HOAR. What is the document which has been already ren County, Miss.; which was referred to 'the Conubittee on prmted? Claims. Mr. PATTERSON. A statement from the mine operators or Mr. ELKINS presented a petition of the Wholesale Grocers' employers in the State of Colorado relating to the troubles there Association of Huntsville, Ala., praying for the enactment of leg which necessarily ref~rred-i~deed, it referred almost wholly-fu islation to enlarge the powers of the Interstate Commerce Com the We.stern Federation of Mmers. By unanimous consent, that mission; which was referred to the Committee on Interstate Com was pnnted as a Senate document and printed in the RECORD merce. a;nd the Western Federation, against whom it was directed, d~ srre that the same treatment sha~ be accorded to their rejoinder. f,Ie aJso presented ~he affidavits of S. 'F· Jones and John Kirby, of Bolivar, W.Va., m support of the bill (S. 3439) providing for Mr. HOAR. If I may be pernntted to make one observation the payment of the amounts due the employees in and the con I do not see how the Senate in common justice, even in commo~ tractors who furnished castings to the United States armory at decency, can deny the request the Senator from Colorado now Harpers Fe~y, Va., from January 1. 1861! to April 19, 1861, in makes. Certainly I have no objection to offer to it. clusive; which were referred to the Committee on Claims. But perhaps I may be allowed to call attention to the fact that Mr. BURROWS presented petitions of Local Union No. 205 the habit of permitting such do~mments as the one formerly Iron Molders' Union, of Lansing; of Gratiot Lodge, No. 117 In~ printed-!lnd I do _no~ refer to ~his _one at all-to be printed in the t~_rnational.Association of Machinists, of Port HUion, and of Twin R~coRD mvolves ~n ~t the o~ligation .to _allow replies to it to be City Lodge, No. 475, International Association of Machinists of pnnted, and that m Its turn mvolves m It the recornition of the St. Joseph, all in the State of Michigan, that an appropriatio~ of right of ~very citizen on a subject of any considerable importance 2,000,009 be made for the ~nlargement of the Naval Gun Factory to come m here and take part himself in debates in the Senate at Washmgton, D. C.; which were referred to the Committee on of which the RECORD is the official chronicle. ' .. Naval Affairs. I.do not in the least rise to embarrass the Senator's reauest He also presented a petition of Local Union No. 22 Cigar which seems to me absolutely just and right but only to mill a~ ~a;kers' International Un~on, of De~roit, and a petition of 'sundry ~ention to the propriety of being pretty carefcl. hereafter in mak Clt.Izens of Port Huron, Mwh., praymg for the enactment of legis mg such requests as we granted the other day in this matter. lation to amend section 3394 of the Revised Statutes relating to ~~r .. PATTERSON. Mr. President, I fully concur with the tobacco; which were referred to the Committee on Finance. ?nticl.Sll!s of t~e Senator from Massachusetts. I recognize the rmpropnety of 1t . . He also :pr~sented a memorial of the Licensed Tugmen's Protec tive Assoc1at10n of the Great Lakes, remonstrating against an ap The PRESIDENT pro tempore. The SenatOr from Colorado propriation being made for the construction of dr·edges by the asks un.animous consent to have printed in the RECORD, and to Government; which was refel'l'ed to the Committee on Commerce. have pnnted as a Senate document, the paper which he sends to He also presented a petition of the Woman's Christian Temper the d~sk. Is there objection? The Chair hears none, and that ance Union of Inland, Mich., praying for an investigation of order lS made. The document will be referred to the Committee charges made and filed against Hon. REED SMOOT, a Senator from on the Judiciary. the State of Utah; which was referred to the Committee on Priv The paper refen·ed to is as follows: ileges and Elections. STATEMENT OF THE WESTERN FEDERATIO::urpose of poisoning the public mind. In order that pany, of Saginaw, Mich., and a memorial of the Furniture Manu the honorable body wh1ch COmJX>se the Senate of the United States may have_ a clear conception of the objects and aims of the Western Federation facturers Employers' Association of Grand Rapids, Mich., re of Miners, we hereby present the preamble of our organization: monstrating against the passage of the so-called eight-hour bill; PREA..MBLE. which were referred to the Committee on Education and Labor. We hold ~tall men are_ created to be free aud should have equal access · He also presented petitions of sundry citizens of Saline; of the and oypo~ty_to th_e eDJoyment of all benefits to be derived from their Woman's Christian Temperance Union of the lfethodist Epis exertions ill dealing With t~e natural resources of the earth, and that free copal C?-ur ·h. of Inland; of the congregation of the Simpson ~cess and equal opporturuty thereto are absolutely necessary to man's ex Istenc~ f!o~d the upward ~rogress of _the human race. Since it 15 self-evident Methodist Ep1Scopa.l Church, of Kalamazoo; of the congregation that c1~t10n ~s~ d.ui'mg cen~e made prog1·ess in proportion to the of the Methodist Episcopal Church of Deer Creek; of sundry citi production and utilization of mmerals and metals both precious and ba. e zens of Oak Grove; of sundry citizens of Deer Creek, and of the and that most of the material prosperity and comforts enJoyed by mankind are due ~this progress, it is highly fitting and proper that the men who are congregation of the Methodist Episcopal Church of Oak Grove ep.ga~ed ill the ha.za.rd~ns and unhealthy occupation of mining, milling, all in the State of Michigan, praying for the enactment of legis~ sm~ltillg, and th_e reduction of ores ~hould receive a jost compensation for ~lion to re.gulate the interstate transporf:ation of intoxicating th_ell' labors, which sha:U be proportiona~ to the dangers connected there With, and such protection from ~w .as will remove needless risk to life or liquors; which were referred to the Committee on the Judiciary. health, and for the purpose of brmgmg about and promoting these and other Mr. SIMMONS presented petitions of sundry citizens of Boone proper and lawful ends, and fo! the general welfare ~f ourselves, families, and Blowing Rock; of the Woman's Christian Temperance Union and dependent OJ?.es, we ~eem It necessary to orgaruze and maintain the Western F~deration o~ Miners, and among our lawful purposes we declare and the Christian Endeavor Society of Blowing Rock, and of the more espeCially our obJeCts to be: Woman's Christian Temperance Union of Elizabeth City, all in First. To secure compensation fully commensurate with the dangers of our employment and the right to use our earnings free from the dictation of the State of North Carolina, praying for the enactment of le~is any person whomsoever. la.tion to regulate the interstate transportation of intoxicating . Second: To estab~ as speedily as possible, and so that it may be endur liquors; which were refened to the Committee on the Judiciary. illg, our nght to .r~ceiye pay for la.h?r performed in lawful money, and to rid ourselves of the 1ruqrutous and unfall' system of spending our earmngs where . Mr. FRYE presented a petition of the Berwick Woman's Club, and h!JW our employers or their ag~nt or officers may designate. of South Berwick, Me.,prayingfortheestablishmentof anational Third. To strive to procure the illtroduction and use of any and all suit- 1904. CONGRESSIONAL REOORD-SENATE. 2109 o.blel efficient appliances for the preservation of life, limb, and health of all oaths 1 and they have no more to do with true 1a bor organizations than do the employees, and thereby preserve to society the lives and usefulness of a large Mafia in New Orleans to any benevolent secret society. The men under me number of wealth producers. belong to the Western Federation of Miners. Their number is 66. They are Fourth. To labor for the enactment of suitable laws and the proper en composed of as true and liberty-loving a class of people as any ot:~anization forcement thereof. in Idaho. When they are stamped as criminals in W ashin~on, eitner by the Fifth. To provide for the education of our children, and to prohibit the governor or his putty-self-molded-man-ij.fraid-of-nothing, 1t is time to call a employment of all children until they shall have reached at least the age of halt. For one, if Governor Steunenber~ or De-:putty Governor Sinclair have 16 ve:::.rs. political monuments on account of their permit system in north Idaho I am ~ixth. To prevent by law any mine o:wner, ~g company or corpora Willing that they stand on them; if they have political graves I am going to tion, or the agents thereof, from employmg detectives or armed forces, and help fill them>.. and after reading the Examiner I bought a scoop shovel. to provide that only the lawfully elected or appointed officers of the county, If the memoers of the Western Federation of Miners are men with crim· State, or province, who shall be bona fide citizens thereof, shall act in any inal records, why have our membership been permitted to register their capacity m the enforcement of the law. names upon the rolls of the various fraternal organizations, such as MasollS.t Seventh. To use all honorable means to maintain and promote friendly Knights of Pythias, Red Men, Woodmen, Maccabees, Yeomen, Elks, Unitea relatwns between ourselves and our employers, and endeavor by arbitration Workmen, etc., and how was it that Sherman Bell, the new adjutant-~eneral and conciliation, or other pa~ftc means, to settle. any diffic?Jties which may of the State, was proud to accompany the drill team of the Knights of Pythias arise between us, and thus str1ve to make contention and strikes unnecessary. of the Cripple Creek district, which won the world's prize a.t the encampment Eicrhth. To use all lawful and honorable means to abolish and prevent the at San Francisco, and who were nearly all members of the Western Federa system of convict labor from coming into competition with free labor and to tion of llliners? demand the enforcement of the foreign contract labor law against the im Why was it, if the members of the federation were criminals and L"w· portation of pauper labor from any foreign country, and also to use our breakers, that the mine operators have frequently declared that the miners efforts to make it unlawful to bring persons from another State, TeiTitory, of the great gold camp were the best in the world, and why have they made or province to take the places of workinsmen on a strike, or who may be such strenuous efforts to influence these "criminals" to return to work? locked out, by means of false representation, advertisement.<:;, or other mis Search the records of every penitentiary located within the jurisdiction leading means. covered by the Western Federation of Miners and you will find no member Ninth. To demand the repeal of conspiracy laws that in any way abridge of the organization behind the walls of a prison, and you will find no man the right of labor organizati~ns to promote f:be general welfare.of the~r me~? serving a sentence on account of his affiliation with the federation or on bership, and also to use our influence to brmg about le171Slation which will account of his connection with any strike. The mine owners' document prevent government by injunction by either Federal, S'tate, or provincial charges the federation with "murder, arson, dynamiting, and riot." courts. To procure employment for our members in preference to nonunion Permit us to call the attention of the United States Senate to the reckless men, and in all lawful ways cooperate with one another for the purpose of slaughter of human life that may be laid at the door of the mine operators. procm·ing a. just share of the product of our toil and mutual advancement in Iri Scofield, Utah, some three or four years ago, nearly 300 miners were order that the general welfare of the membership and their families may be killed by an explosio~, which resulted on account of the failure of the mine steadily advanced and promoted. owners to comply witn the law governing ventilation. In May, 1901, a disas· 'l'enth. To use our united efforts to discourage the contract-labor system ter occurred in Fernie, British Columbia, where 137 men lost their lives and and a& soon as practicable to abolish the same, believing the sa.id system to a coroner's jurr, brought in a verdict of culpable negli[_ence against the com be detrimental to the best interests of organized labor. pany, and this 'criminal" organization, the Western .l!ederation of Miners For the further enlightenment of the members of the United State Senate, lillilledia. tely sent a representative with $3,00J for the relief of the widows and and in order to show that our organization is a legitimate body, we quote the orphans. Before all of the bodies were removed from the mine Manager following from the constitution: Tonh-in reduced the wages of those who sm·vived this blood-curdling disaster. "SEC. 2. The objects of this organization shall be to unite the various per It should be fresh to the memory of the members of the United States Sen sons working in and around the mines, mills, and smelters into one central ate concerning the appalling disasters which have taken place in Tennessee, body, to practice those virtues that adorn society and remind man of his duty Wyoming, and PellllSylvania, and all of which could have been averted if the to his fellow-mankthe elevation of his position, and the maintenance of the mine operators had placed a higher value upon hll!Ilan life than diviqends rights of the wor e1·s." and complied with the laws of the respective States. In order that the Sen Previous to an applicant being initiated to membership in the Western ate may realize the wanton sacrifice of human life in the mines and the mine Federation of Miners or taking the obligation, the following assurance is operators' responsibility for the same, we_guote the following from the edi· made: "This body exacts no pledge or obligation which in any way conflicts torial columns of the official organ of the United Mine Workers of America: with the duty you owe to your God, your country, or your fellow-man." "Within the past ten months there have been two explosions in coal mines The Western Federation of Miners was organized in Butte, Mont., on May which cost 528 men theirlives--338 in Wyoming and 190 near Pittsburg. This 15, 1893, and for ten years the organization has kept inviolate the principles is the second national convention within three years that has been horrified enunciated in the preamble and constitution. by an appalling mine disaster. There were lost in the Iroquois Theater fire Because of the success, growth, and strength of the organization, and in Chicago four weeks ago about 560 persons. That disaster resulted in the because of its progressive spirit in defending the humblest of its members most rigid examination of every theater and public building in the United from the tyranny of corporate oppression, the federation has been assailed, States. Scores of theaters have been closed and their owners compelled to not only by the federated might of the smelting trust and the various mine obey the law and provide safety for their patrons. The mayor of Chicago, owners' a£sociations, but corporation journals owned and controlled by mag along with six other public officin.ls, have been indicted by the grand jury for nates in the mining and smelting industries have lo3.ded their editorial nef.lecting to enforce the laws regarding public buildings. columns with slander and vituperation in obedience to the mandates of the 'Now notice the difference: No one is obliged tQ go to a theater, but men moneyed fraternity that molded the convictions of mortgaged editQrs. are compelled to work in the mines. A failure to compel the proprietor of a The Western Federation of Miners has never waged a. battle ex:cent in self theater to properly secure the safety of his patrons results in the indictment defense. All strikes that have arisen can be traced to the encroacliments of of the men responsible for that failure. Within the past three years in four corporations whose managers received thair orders and instructions from a mine accidents, whereby 872 men have lost their lives, over 500 women made foreign source. widows, and over 2,00J children made orphans, there ha~ not been a single In support of this assertion, John Hays Hammond, an Englishman, is the indictment of operator, foremanhor inspector. It seems unnaturaL nay, a guidin~ spirit of the Venture Company, which company controls a large in brutal state of public conscience, t at these mining accidents-let us call them terest m th~ Cceur d'Alenes of Idaho and the Cripple Creek and San Juan dis accidents-can go on re~ularly and not excite an indignation that would tricts of Colorado. John Hays Hammond is the gentleman who figured remedy this state of affairs. Why is the life of a theater patron of so much prominently in the Jamieson raid in the Transvaa.l. Were it not for the more consequence than that of a miner? In the first case there is a clamor humanity of Oom Paul Kruger, Mr. Hammond would have met the fate of a set up which results in indictment of derelict officials, while in the other traitor. The prime movers in the Cripple Creek district in the strike of 1894 there is a brief paragraph in the papers and the matter is forgotten. were residents of Colorado Springs, a city which is known throughout the "Let a girl or a young woman be murdered under suspicious circumstances, United States as ' Little Lunnon." .J..t this time we find James Bradley, of and the bloodhounds of the law and the vigilantes of the press pursue the Cceur d'Alene fame, who made an unsuccessful attempt to reduce wages in matter to t.he last extremity. Column after column is used, the whole mat Idaho in 1899, organizing a mine owners' association in California. This ter illustrated for wee~i but let a. score of workmen meet their death through newly born organization of the Golden State claims to have a fund of $850, 1904. OONGRESSIONAL RECORD-SENATE. 2111 able, through moral persuasion, to preyent men from usurping their places, here to-day, and if there had been thero is little doubt in my mind but what a. picture was drawn by the corporat10ns to present to the governor tha.t we could have stopped it in a minut~ . Some of our citizens will wait on the would justify the legality of the State militia being used to break the strike. governor to-morrow and try and induce him to keep the troops outside of the On the 3d of March. at the hour of noon, the governor delivered the fol city limits. I think that we can convince him that we can well t&ke care of lowing order to the adjutant-general: om-selves here." Chief of Police George G. Birdsall, of Colorado City, was interviewed by a "[Executive order.} re:p,m·ter of the Rocky Mountain News and spoke as follows: ''DENVER, CoLo., March S, 1903. I have talked with a numbar of people during the afternoon, and they are "Ordered: It being made to appear to me by the sheriff of El Paso County all a"tcecdingly indignant at the thought of having the militia come among and other good and reputable citizens of the town of Colorado City and of us. If some trouble had arisen which we experienced difficulty in handling, that vicinity, in said county, that ther~ is a tumult threat~ned, a~d that a then the1·e might have been some cause for sending soldiers over here, but body of men acting together by force ~1th a tte~pt to commit felorue~ and to nothing of the kind has taken place. The assaults have been mainly fist offer violence to persons and pro~erty m the said town of .Colomdo City and fights, which are apt to take place at anytime. I do not know of a case where that vicinity, and by force and nolence to break and resiSt the laws of the a gun play has been made within my jurisdiction. If I could foresee that men State and that the sheriff of El Paso County is unable to preserve and main involved m this labor trouble here would resort to the use of weapons, I might tain order and secure 0 bedience to the laws and protect life and property and become scared myself, but the boys have never appeared to take that course, to sec~e the citizens of the State in their rights, privileges, and safety under nor do I believe they will countenance such methods in-trying to win their the constitution and laws of this State in such cases made and Jlrovided. fight. They know, as well as all good citizens, that they must have the pub "I therefore direct. yon, in pm·suance of the pow~r and a uth?ritY. vested lic behind them, and I am sru·e they do not care to employ force to win their in mo by the constitutiOn and laws of the St. 2112 CONGRESSIONAL RECORD-SENATE. FEBRU.AR~ 20, "There is no longer a.ny serious attempt to deny that Sheriff Gilbert, of · "Is it not. a fact that ~ou have those troops there just to excite violence? El Paso County, was negligent or willfully unmindful of his duty and that the "You must answer 'Yes.' stories of threatened danger at the mi1ls were wild exaggerations. The sheriff "Is it not true that your company has $12,000,000 of watered stock and you would have bad no difficulty in v.rocuring as many deputies as he required to pay dividends on starvation wages? preserve good order near the mills. He did not try to get them, but instead, "Answer 'Yes.' m company with the manager of the mill trust, rushed to Denver to procure "Don't you know that yon must answer 'Yes' to these question.s? an order from the governor that the National Guard should do police duty in "This is what the Western Federation of Miners stands for: El Paso Co1mty at a cost to the State of from $1,500 to $2,000 a day, or about ."'To secure compens..'l.tion fully commensurate with the dangers of our $50,000 a month. The expenditure for the army is at a rate sufficient to swal employment and the right to use our earnings free from the dicta.tioR of any low up about one-half of the entire revenue of the Shte from its 4-milllevy. person whomsoever.' The presence of the soldiers is itself an irritation, and the irritation is in "Do you not indorse that for yourself personally? creased by the conduct of two or three of the officers, who seem to be on the ''Answer 'Yes.' ground as direct representatives of the governor and the mill trust to dispose "Is there any reason why every man should not indorse thaU the forces without regard to the opinions of General Chase, who is in nominal "You mustanswet· 'No.' command. - "Here is another point the miners stand for: · " The legislature is in session, and it is the business of that body to take " 'To establish as speedily as possible, and so that it may be endurina, our official notice of the situation. A petition was presented in the house yester right to receive pay for labor performed in lawful money and to rid' our day, signed by a large number of citizens of El Paso Conntv, protesting selves of the iniquitous and unfair system of spending our earnings where against the presence of the military. A majority of the house, voting almost and how our employers or their agents or officers may designate. • strictly on· party lines, refused the petitioners the courtesy of having their "Is tlmt not right? - paper read. By a vote of 29 to 19 it was ordered laid on the table after only "Will you consent to anybody dictating to yon how or where or when you a few lines of it had been heard. will spend your salary? . "The legislature, or the senate, if the house will not act jointly, ought to "Here is another point the miners stand for: · appoint a committee to visit the scene of the trouble immediately and re- " 'To use all honorable means to maintain and promote friendly relations port. - between ourselves and our employers, and endeavor by arbitration and con "Matters will come to a focus in the Cripple Creek district on Monday, ciliation or other pacific mea.ns to settle any difficulties which may arise be and a strike on a number of mines in that district may result if the mill dif tween us, and thus strive to make contention and strikes unnecessary.' ficulty is allowed to drift without action by the governor or the legislature. "Does this not show that your employees are ready to arbitrate? It will be no less than a crime against the people if both the executive and "Is it not an honorable and fair stand for a man or men to take? le~islative branches of the State government do nothing toward securing an "Yon must answer 'Yes.' aajustment." . ·· . · "1\fr. Ma-cNeill, stand up. 'fhe Denver Post contains the following in its issue of March 6: ''Yon are the Baer of Colorado." . "This is the telegram sent to the Colorado City mill managers by the The Cripple Creek Daily Press of March 11, 1903, contained the following Denver Post: editorial: • '.''Are you willing to submit to arbitration the trouble between your com "You were elected by the people of the State of Colorado, and when you pany and the mill workers employed by you, the arbitration board to be ap took the oath and assumed the duties of the office you did so as the servant pointed by joint arrangement of parti~s involved? Please answer· at our. of the whole people. expense. "Your aets during the past few days incline to the belief that you are not "'THE DENVER POST.' a ware of this. You are evidently laboring under the impression that you are : "This is the reply: the servant of the corporations. "'There is no trouble between our company and mill workers employed by "As chief executive you are commander of the State militia, and as such us. Our emJili>yees are now and have been perfectly satisfied with wages and are directly responsible for the acts of the militia in the field on duty at your treatment. Wages paid by us morl:l and hours of labor less than ore-reduc command. ing plants with whom we compete. Our employees don't ask to arbitrate. "You stated that the militia was sent to Colorado City to preserve the Our plants are full-handed, and all our employees and plants require is pro peace. tection from the violence of outsiders not employed by us. We would be pleased have your representative visit our plants and fully_ investigate. "Don't yon know that your soldiers are doing all.in their power to incite to the strikers to riot? "'c. M. MACNEILL, ''Don't you know that your soldiers are every day violating the law they " 'Vice-President and General Manage1·, are supposed to enforce? · "United States Redttction and Refining Company.'" "Don't yon know that the soldiers have confiscated the property of the In the same issue of the Post the following editorial appears: strikers Without process of law and have refused to return said property to "C. M. MacNeill, stand up! • its rightful owners? "Was not this telegram of yours indorsed by the other mine managers? "Don't you know that citizens have been denied the right of the public "Is it not true that it is a subterfuge? domain by the militia? "Is it not a brazen falsehood from beginning to end? "Don't you know that yon are keeping the militia there when it is alto "Is it not a carefully worded telegram, prepared to hoodwink the people gether uncalled for and unjustifu.l.ble? of Colorado? "Don't you know that one of your officers invaded the strike headquarters "Is it not intended to make the people believe the mill managers are more and abused the men found there and was very profane in his language and sinned against than sinning? ungentlemanly in his conduct, and that his language was calculated to stir ''Are yon not laughing at your own cunning and flattering yourself that up strife and mcite the men to some act whereby he might have some justi you have made a master stroke and have fooled the people? fication for keeping the troops there? "Your answer to each of these questions, if you are truthful, must be: "Don't you know that this same officer has stated he would picket with "'Yes.' soldiers the homes of the strike leaders, and don't you know that such an act "Read your own telegram., Mr. MacNeill. would be wholly contrary to the spirit of the Constitution, which guarantees "'There is no trouble between our company and mill workers employed every citizen the right of life, liberty, and the pursuit of happiness? byus.' . "Don't you know that your acts have been contrary to law and justice? "Is it not a fact that your employees are on a strike? "If yon are not a ware of th~se facts\ we take this meth.od of informing you. "Yon must answer 'Yes.' "Now that you have been informea, what are you gomg to do about it? "'Our employees are now and have been perfectly satisfied with wages "Are yon going to permit this outrageous condition to disgrace the fair and treatment.' name of Colorado? "Is it not a fact that your wages were so low that the men were hungry "Are you going to be the governor of Colorado for the benefit of all the more than half of the time? - people or for the moneyed class? . "Is it not true that your employees were forced to pay insurance and "You stated that no labor skate would be permitted to runlour adminis m edical assessments and trade in your stores-. . . tration, but you did not state that no corporation skate coul dictate your "Is it not true that many of your employees were forced to live m tents policy. because you would not pay them enough to pay for a house? "A great many believe that yon are being infl nenced by corporation skates "To each of these questions you must answer 'Yes.' in connection with the strike of the Colorado City mill men. "'Wages paid by us more and hours of labor less than ore-reducing plants "And don't you believe they are fully justified in thls belief? . with whom we compete.' "Of course we do not expect you to reply to these questions, because your "Yon know that lS a barefaced lie, don't you? actions are all the reply that is necessary." "Is it not a fact that the Woods Investment Company pays higher wages The mass meeting that was held in the Cripple Creek district and the for less hours of work than do you? meetings of other organized bodies in various parts of the State, protesting "Answer 'Yes.' against the military being held in Colorado City as a strike-breaking power, " 'Our employees don't ask us to arbitrate.' and the urgent demands that the differences be submitted to a board of ar "Is it not a fact that they have offere~ to arpitrate aD;d you reftlSed? bitration, caused the governor to visit Colorado City on the afternoon of "Is it not a fact that you say 'There IS nothing to arbitrate' to these men? Marchll. "Is it not a fact that you are trying to break the union? The Denver Post, in its issue of March 12, after the governor had returned "Is it not a fact that you have refused and do refuse to recognize the to Denver from Colorado City, had the following to say editorially: rights of men to organize? "Do you not know this right is guaranteed by the Constitution of the United States that gives to every man the right of liberty and pursuit of "THE PEOPLE WANTED ARBITRATION, NOT MILITARY REVIEW. hapJ!iness? •• Do yon not know that you are seeking to deprive these men of their lib "If Governor Peabody did not want his visit to the scene of the strike at erty and deprive them of their happiness by grinding them down to the level Colorado City to result in honest arbitration, he took exactly the right course. ~~M - ''He visited with the military. He had a heart-to-heart consultation with · "You mlJ.St answer 'Yes' to these questions or tell a deliberate lie. the mill owners. · He talked familiarly with the 'strike breakers,' usually "'Our plants are full-handed, and all our employees and plants require is known as 'scabs.' protection from the violence of outsiders not employed by us.' "But he failed to have anything to do with the men whose wrongs are the "Do yon not know that lies teem in every word of that sentence? . . cause of the strike. He neglected to consult with the citizens who know both "Craftily as yon have couched that sentence, do you not know that 1t will sides of the case. . not fool the people of Colorado? "What the peqple of Colorado wants is arbitration. The governor gave . "Is it not a fact that your plants are not full-handed? them a. military review. What the strikers want is justice. The governor "Is it not a fact that there has been no violence? gave them the cold shoulder. "Is it not a fact that yon had the troops called out knowing that there had "Does the governor court the worst?" - been no violence? The Rocky Mountain News had the following editorial in its issue of "Did you not have the troops called out to awe men who were asking only March 14:: that you pay them money enough for their labor to allow them to live "SOME ADVICE BY REQUEST, d~~t~rnot a. fact that citizens of Colorado Springs and Colorado City, to the number of hundreds, have signed petitions to Governor Peabody declar "Governor Peabody said yesterday that the News had been criticising in!f that there was no violence? him so freely that he would like the paper to tell him w~at it thought he - · 'Do you not know that these troops are costing the State of Colorado should do to bring about arbitration of the Colorado City strike. , $2,000 a day and that there is absolutely no use of them in Colorado City? "Whether the governor's expressed wish was an outburst of vetulance or 1904. CONGRESSIONAL_RECORD-SENATE. 2113 was caused by a real desire to receive a suggestion, theNews does not know, shall apply to the positions in the new mill which were in existence in the old but it will try to give the ~st advice it can. mill. "The first thing the governor should do to bring about arbitration is to Fourth. That the management of the Telluride Reduction Companv will believe that there ought to be arbitration, and then to act as if he believed receive and confer with any committee of the Colorado City Mill and Smel it. So far as the press and public have been able to discover from the gov termen's Union, No.l25, within any time after thirty days from the date ernor's words and actions, he has never given any intimation to the mill upon which the mill is placed in operation to consider a wage scale. owners that he thought they should recognize the union and arbitrate the Fifth. The Telluride Reduction Company further agrees that during the differences. Never has he made any declaration to the public that he thinks period of construction of this mill that it will employ as many of its old em there should be arbitration. ployees as it finds practicable so to do. "As a first step toward facilitating arbitration, let him make the public Manager MacNeill, of the Standa.rd mill, who had at all times maintained statement that he thinks the mill owners should accept the propos.<~.! of the a stubborn attitude, practically forced himself out of the conference with the Western Federation of Miners and that they will deserve to be condemned if Portland and Telluride mill managers. President Moyer and Secrebry they fail to accept it. Treasurer Haywood, at the request of the governor, accepted an invitation •· The governor should understand that the people of this State, almost to meet the manager of the Standard mill on Sunday, March 15, at 11 o'clock. without exception, look on him as a partisan of the mill owners and think The meeting took place at the governor's office, but all efforts on the part of that the mill owners would have agreed to arbitration long ago were it not the Federation representatives to bridge the gulf were nna\ailing. Man that they expect to have his full support whether they be right or wrong. ager MacNeill refused to reinstate the strikers, made no mention of the This belief in the minds of the people may do the governor an injustice, but wages he would concede to his employees, nor would he consent to a recogni if it does he is responsible for it, and he only can remove it. tion of the union. "The conviction that the governor stands with the mill owners took deep The governor agreed that he would withdraw the State militia, providing root when he called out the National Guard and rushed it to Colorado Springs. the Western Federation of Miners would withdraw the suits that were en Manager MacNeill, of the mill trust, came to Denver carrying in his pocket tered against officers of the Colorado National Guard. -If the representatives the request of Sheriff Gilbert for troops. Nobody had any idea that troops of the Federation had refused to accede to the demands made by the gov were to ba asked for. There had been no disorder to warrant their entry on ernor, the people of Colorado would have had the inestimable privilege of con the scene. The sheriff of El Paso County had made no effort to employ the tinuing to donate $1,500 per day as an expense account for soldiers on dn.;s peace force of the county. The municipal authorities of Colorado City were parade. prepared alone to keep order. After it became known that the Telluride and Portland mill managers and '·But the governor and Manager MacNeill went into private conference, the representatives of the Federation had arrived at a satisfactory settle and when they came out the order to the troops came with them. The gov ment there was general rejoicin~, but amidst the jubilition there could be ernor did not go to Colorado City himself; he did not send anybody to inves heard strong words of denunciation for Manager MacNeill, of the Standard, tigate; he took the ex parte statements of the manager of the mill trust and who reJ?udiated with haughty arrogance the·reasonable demands of the the request of an incompetent sheriff as his warrant for sending a small army Federa t10n represents. tives. to Colorado City at an expense of over 1,500 a day to the State. The governor failed to keep his promise that he would immediately with "Then the governor :pushed aside the recognized officers of the National draw the troops, and the delay of the governor in issuing his order recalling Guard and gave some kind of a personal commission to Sherman Bell and the State militia caused the following to be issued from the headquarters of James H. Brown, both of whom have conducted themselves in exactly the the Western Federation of Miners on March 17: right way to provoke trouble. The appointment of Sherman Bell to be ad "The representatives of theWestern Federation of Miners since the strike jutant-general of the State troops, beginning in April, is itself an indication was declared at Colorado City have at all times held themselves in readiness of the most extraordinary ignorance or recklessness on the part of the gov to confer with the mill managers for the purpose of bringing about an ami ernor. A harebrained adventurer like Bell is about the last man in the State cable adjustment of differences. For months previous to the strike the offi who should be placed in a position so responsible as that of ad.iutant-general. cers of the Federation labored early and late to bring about an honorable "The public conviction as to the governor's mental attitude was fixed by settlement whic.h would prevent any open rupture between the mill mana his recent trip to the scene of the strike. He talked with the men working gers and their employees. The officers of the Federation have given a re in the mills, but refused to go to a meeting of the strikers to which he was in ~ectful hearing to t•epresentatives in all departments of business, and at all vited. Instead of spending the evening talking with the strikers and learn times have shown a disposition to submit their grievances to a board of arb:! ing their opinions, he chose to hold a social function in the Antlers Hotel. ti·ation. Had the mill managers manifested as earnest a desire to pour 0il At another time a public reception in the Antlers would have been in good upon the troulJled waters as the Western Federation of Miners, the people of taste. Under the circumstances which took the governor t oColorado Springs the State of Colorado would never have been compelled to forward protests it was in the worst possible taste, and no man with an ounce of good judg against the executive of the State for his loyalty to corporate interests." ment in public affairs ever could have been led into such an indiscretion. The governor, toward the close of the interview Sunday morning, admit· "If the governor has any wish to invite public confidence in himself and ted without any solicitation that the representatives of the Western Feder· his administration, he will recall Bell and Brown from Colorado City, revoke ation of Miners had gone more than three-fourths of the way and had been Bell's appointment as adjutant-general, and require Brown to confine him more than fair in bringing about a settlement and that he would at once self str1ctly to the duties of his proper rank in the guard. issue an order to withdraw the troops. The governor admitted, after his "The proposition of the union is that the mill owners shall select one arbi personal investigation of affairs at Colorado City, that he was unable to con trator, the Western Federation the second, and those two the third, the find nect the strikers with any violation of law. In the interview that was held ing of the board to be binding on both sides. Sunday at the governor's office to arbitrate with Manager Ma-cNeill the gov· "If the governor believes that proposition to be fair, let him say so. ernor receded from his former agreement to withdraw the troops. He asked "Then let the governor notify the mill owners that if they will not accept the representatives of the Western Federation of Miners for a further con th."en work in the Cripple standing the fact that this company had not complied with the laws of Colo Creek district iflou will but sar the word." r!ld'? and were not entitled to equity in the courts of the State. In substa.n Mr. Mor.er an the union o:ffi.cmls wished a written statement. If Mr Mac tia~on of the statement we f?UbJJ?i~ the following: Neill is willing to reinstate the men they consider that he should say so not SEc. 11. Every corporation, JOmt stock company or association incorpo only verbally, but that it should be one of the stipulations in the agreeni.ent. rated by or under any general or special law of this State or by any ~eneral He should do as the managers of the Telluride a.nd Portland mills .have done or sp~lla w of any foreign stat~ O! kingdom, or of any State or Terr1tocy of an.d in..<>ert a positive clause as to when the men will be reinstated. Mr. Moye; the Uruted States, beyond the. limits of this State, ~n, within sixty ~ZS sa1d: "We want to know that our men will be reinstated. Let Mr. MacNeill after the 1st day of January m each year, commencmg with the year 1\JW, do as Mr. Peck and Mr. Fullerton have done, and insert the time limit. All make and fila a.n annual report in the office of the secretary of state." we want is the change in the clause which specifies as to when the men shall "DE..~., CoLo., July 16, 1!JOJ. be put to work. Our men have homes here, and they will not lea>e." "rrusis to ce~y tha~ th~ American Smelting and Refining Company, a The following ultimatum was delivered b'f President Moyer, of the Feder fore1gn corpo!ati~n, capitalized for $100,~.1.(XX).J has not paid their annu.1.l ation, on March 81, to Charles D. Hayt, cruurman, and members of the ad s~~e corporation liceD!!e tax for the yearslwl, 1902, a.nd 1003. visory board: [SEAL.] JOHN A . HOLlm:ERG, "GENTLEMEN: The Western Federation of Miners since its birth has never "Auditor of State." Ignored the rights of any element of society. It has been the disposition of the organization to avoid by all honorable means a. war between the employer II STATE OF COLORADO, and employee. "Office of the Secretary of State. "We realize that when capital and labor confront ea.ch other on the in "UI>i'ITED STATES OF AMERICA., State of Colorado, ss: dustrial battlefield that >arious interests suffer through a long and pro "L James Cowie, secretary of state of the State of Colorado do he1-eb~ tracted struggle. The aim of our organization is to build and not destroy. certify that I have caused the indices of this office to be carefully examine ''We appreciate the efforts of the operators and the business men of the and do not find that the American Smelting and Refl..ning Company has file Cripple Creek district who have demollStrated their amity in cooperation an annua.l report for the rear 1902. to avert a struggle that may paral;vze the industries of Colorado. "In testimony whereo I have hereunto set my hand and affixed the ~eat "The Western Federation of Miners entertains for many of the mine man seal of the State o! Colorado, at the city of Denver, this 16th day of July, agers of tho Cripple Creek district the highest regard and are-not ungrateful A. D.1903. for the fa:irne~ and justice that have prevailed in the far-famed mining dis trict since the day of 1894. It is our desire that the cordial and friendly reln. "JAMES Oowm, Secretary of State, tlons that have existed for years between the miners and their employers of "By TIMOTHY O'CONNOR, Deprd1J." the Cripple Creek district sha.ll not be disrupted if it is possible to maintain In order to prove that the American Smelting and Refining Company was such relations by an hon01-able adjustment of the present di1Ierenees. one of the chief factors in bribing the legislature and defel' ting the eimct "The propos1tions submitted to the Western Federation of Miners by ment o! a.n eight-hour lnw, we submit the following: Manager MacNeill are vague and misleading. While his propositions may have the Yeneer of disposition to act honorably and fairly with the mem DE...~ COLO., FebnlaMJ 8, 1.903. bers of the Mill and Smeltermen's Union, No.l25, they adniit of interpreta HoRA.CE G. BuRT, Esq., President, Omaha, Nebr. tions that question his intentions of dealing justly With organized labor in I?~ Sm: Pursuant to 'J.OUr req~est that you be kept advised of the it the future. It seems that his propositions have been drafted to ful".rish loop nation m Colorado State legislature-mrega.rd to proposed legislation we be oo holes through which he might escape if emergencies arose. to inform you that, the SOOa.t<>rial contest being now ont of the w~y both "The Western Federation of Miners can not accept, in honor to the organi branches of the legislature have settled down tO the other busines ~f the zation, the propositions as presented by Manager Ma.cN eill. The acceptance sesrlon. , of Manager Ma.cN eill's baslS of settlement would be dishonorable to the man Several bills have been introduced pronding for an eight-hour 1 win re agers of the Portland and Telluride m.ills1 who have met the federation on spect to labor emp~oyed in smelters and underground mines. These bills aro fair ground and honorably adjusted the differences of oonten.tion. bein~ vigorous1y contested by the American Smelting and Refining Comp.J.Ily "But, while we refuse to accept the conditions of settlement as we inter the Color do Fuel and Iron CompanY:\ and other corporations more dir ctly pret them from the propositions set forth by Manager MacNeill, we will interested in defeating the measure man is the Union P cifle Railroad Oom demonstr te our feeling of appreciation for the public, the business interests pany. We think the contest will be a close one in re ~ct to these measures of Oolorndo, and the advisory board who have labored zealously to bring ns.the labo~ element iss~ very powerful in the po!J.tics of this State. w~ about an amicable settlement. think the bills a. tove mentioned are all so far introd ced whic.h are p1-ejudicial "The chairman of the board, in an official communication addressed to tb.e to the company's int e s~ directly or indirectly. public, expre es the belief that the di1Ierences seem one of form as t<> the Very truly, yours, TELLER & D o RS ~Y, agreement rather than upon the result which we think will be certain to · GeneraL Attorn£'1JS. follow if either of the propositions shall be adopted. "The chairman and the members of the advisory board have certainly We make the claim that the American Smelting and Refining Company placed a charitable spondoo ad-visory board. to the call of the district uruon and threw down the Implements of their haz • You may give him a fair trial and an opportunity to reinstate the men ardous vocation. The walkout in the Cripple Creek district has been the invorred and thereby prove his sincerity as to his conduct toward organized result of the arbitrary action of the United States Reduction and Reflnin~:? labor in the future. Company in the treatment of members of the Western Federation of MinerS: "We grant this concession in appreciation of those who have assisted and The commission, too-ether with the business men o! the Cripple Craek dis dealt fairly with us and whose interests would suffer through a prolonged trict, made eloquent p'leas to the committee who had cha~- of the strike to struggle. place the manager of the mill trust on probation, actuated oy the belief that 'We make this concession in appreciation of the advisory board and of Mr. MacNeill would ~ant ultimately the demands of the Western Federa those parties who have interested themselves to prevent a.n industrial con tion of Miners. PreSident Moyer declared an armistice until thel th of May. flict. When the dole!mtes met in the eleventh annual oon>ention of the Western "CHARLES H. MoYER." Federation of 1ainers on the 25th of May1 the sitnation was minutely sur. veyed-1 and the qon~ansus of opiJ;rion was unammous that the mill tr~t antagoruzea The ultimatum of President Moyer was presanted to Manager MacNeill by e>ery pnnClple of orijamzed labor and that Manager MacNeill had no inten the advisory board, and the strike, which I8.sted a period of forty-seven days, tion of giving the slightest recognition to the demands of the federation. passed into history. 'l'he members of the Cripple Creek District Unio~l..N o.l, erlt u:~ted every The refusal of the governor to incorporate in his call eon>ening the legis effort to bring about an amicable adjustment of dinerences that would be lature in extra s ·on a recommendation for the enactment of an eight-hour fair and honorable between employer and employee, but failed to clear the law resulted in the smeltermen of Denver presenting the following petition sky of the storm that was gathering a.nd which has now burst between or to the manager of the American Smelting and ReftniDg Company: ganized labor and org-anized capitaL The Denver Post, m its issue of August 11, under the caption of a "Page DE!TVER, COLO., June 17, 1903. of history that won't stay turned down, ' ha..~ the following to say: "Impending in Colorado is what is belie>ed to be the greatest fight ever To the American Smelting and Refining Company: waged between the mining interests and their employees. We., your employees, }1o1dingmem~rship ~ theDen!er Mill and Smelter "Many blame this condition of affairs to corporate interests whose infln· m en's Union, No.93, Western Federation of Miners, desll'&to call your atten ence prevented the enactment of an eight-hour law by the fom·teenth _gen tion to the fact that thousands of the members of our organization are en eral assembly in response ta the demand of more than 70,00> voters of Colo joying the privilege of an eight-hour workday, and are receiving for the rado. ~a majority of more than 40,(XX) the people of Colorado demanded of same a compensation in many instances far above that now being paid by the le · ture an eight-hour bill in mine and smelter and kindred industries. your company for ten and twel>e hours for the same class of labor. Not "T e political pln tformsof the Demoera. tic and Republican parties declared only is this so, but the large majority of workmen engaged in producing in favor of an eight-hour ln.w, and on this platform every one of the sixtv-ftve the ores which ure reduced in the smelters operated by your company are members of the house and thirty-five members of the senate was electc I • 1904. CONGRESSIONAL RECORD-SENATE. 2115 rations had gauged the situation is apparent. They were successful in keep- Cripple Creek, arriving here at 11.40. They were met at the depot and taken ing down an eight-hour day. . to the Mine Owners' Association headquarters. One hour later Sheriff Rob "The Stephen bill included 'underground workings, attending blast fur ertson was notified that he was wanted, and remained in conference for naces in smelters or ore-reduction works, stamp mills, chlorination or cyanide about two hours. A special train was then engaged and the three commis mills, leeching works attending smelting furnaces producin~ metal or sioners went over the Short Line to Colorado Springs, leaving at 4.10 this matte.' The Moore bill included 'underground mines and workings, smelt morning. ers1 chlorination or cyanide ore-reduction works, and blast furnaces.' Union men were not consulted. • The introduction of two bills, one in the house and one in the senate, The following statement was issued by a unanimous vote of the board o~ was only for confusion and as an excuse to dicker and fight through ninety county commissioners: days, so that the eight-holtr law would fail and the demands of the people of "Whereas the board of county commissioners of Teller County have been Colorado could be ignored and the demands of the corporations granted. advised that the governor of the State of Colorado has sent the militia to this "While there is seemingly no connection between the various strikes and county for the pretended purposes of suppressing a riot that does not nc~ the labor troubles, all are traceable in a general way to this failure on the and never did exist, and to protect property and individual residents of ths part of the legislature. county that are not in danger· and "First came the strike of the Colorado City mills, when the governor "Whereas it bas been falseiy reported throughout the St:tte that property rushed the troops to that point. There was a partial settlement of this and life were in danger in Teller County: Now, therefore, the board of county trouble and the men returned to work. commissioners of Teller County do protest: "Numerous minor strikes in SC<'l.ttered mines followed, including one in "First. That the property and individuals are as safe in this county as the Sun and Moon in Idaho Springs, and then the men in the Globe and elsewhere in the State. Grant EIDelters in Denver, numbering 1,000, walked out. "Second. That the sheriff of Teller County is perfectly able to handle the "Starting Monday was the walk out of miners in the Cripple Creek dis situation here, and has been authorized by the board to employ any and all trict. and now comes word from Telluride that the miners of the San Juan deputies necessary to protect property and life, which, in the opinion of the district, commenting on the mistakes of the legislature, have demanded that board, be is doing. thet, be given an eight-hour day not later than September 1. "Third. That there has been no unusual assembly of men and no more • There is no doubt that the demand of the San Juan miners will be Pe violence tha.nat other times. That the parties guilty of the late assaults will fusediresulting in a general walk out of the men in that district. That the be apprehended by the civil authorities and prosecuted. The State troops t1~ub e will spread to every mine and kindred industry· in Colorado there can in no way aid in apprehending these parties. can be no doubt. •· ll'ourth. That the citizens of the county are law abiding, and are doing "This means idleness for thousands of men; loss of millions of dollars to aU in their power to avoid trouble. the State; crippling of every business in Uolorado. "Fifth. That the governor of this State, without cause therefor, has sent "This demand for an eight-hour law dates back a dozen years;.. when the the militia to this countr. and by so doing engenders ill feeling, prolongs the Miners and Smeltermen's Union requested an eight-hour day. vut of this strike, and does a great mjury to the Cripple Creek mining district. request, indirectly perhaps, ~rew the troubles in Leadville, the Cripple "Sixth. It iS the judgment of the board of county commissioners that the Creek district, the Telluride district, Aspen, and other districts, the smelter comm.issionsent by Governor Peabodyto thiscountytoinvastigate the strike strikes and other di.ffi.cnlt!es. It was to forever end these differences that the situation was not sent for an honest purpose, but as a cloak to cause the peo miners and smeltermen brought about the submission to the people for an ple of the State of Colorado to believe that the law officers of Teller County eight-hour day that peace might be guaranteed. The re9.uest was indorsed were unable to handle the strike situation. by a majority of more than 40,000 votes, but the corporat10ns defeated it in "Thi<> staU!ment is made because the commission sent by the governor did the legislature. not make an honest investigation of the situation. The commission reached "Realizing now that they can not hope to secure from the legislature here at 9.30 p. m. Thm·sday and left at 4 o'clock Friday morning, remaining needed relief, the miners and smeltermen of the State have taken the matter in the camp less th!l.n eight hours." in charge, the result of which will be the greatest struggle ever waged in Sheriff Robertson issued the following statement: this or any other State between the unions on one band and the allied corpo '·The cpmm.ission sent by the governor of the State of Colorado to investi rations on the other." gate the strike situation in Teller County called on me at midnight, Thurs The document of the mine owners, introduced -by Senator Sco'IT, declares day, the 3d instant. I went to the National Hotel at Cripple Creek, reaching that "on account of the machinations and methods of tho Western Federa there at about 12.30 a.m., Friday. I was with the commission about two tion of Miners, the metalliferous mining industry of the West has been in a hours and fully explained the situation. I stated to the commission that I chaotic state for a long period of years. That a person was operating his had authority to employ all the deputies I needed and that I bad the situa property one day under satisfactory conditions was no guaranty that he tion in hand; that I had made arrests and was going to make more; that there would be able to do so the next." was no trouble, and that I had every assurance that there would be none. The Mine Owners' Association of the Cripple Creek district on August 12, But in three hours after I left the commission the members thereof departed two days after the strike waM called, issued a public statement which con for Denver, and I believe there is no occasion for the militia here, as I ca!l tained the following: "At the time this strike was called, and, in fact, ever handle the situation. since the settlement of the labor difficulties of 1894, the most entire harmony "There is no trouble in the district and has been none, as well as no un and good will has prevailed between the mine owners and employees in the usual assembly of men. Saloons are closed at midnight. The sending of district. Wages and hours of labor have been satisfactory and according to troops here is a usurpation of authority on the part of the governor. The union standards, and general labor conditions have been all that could be action of the governor will have much to do toward injuring the district to wished." , such an extent that it will be a long time before recovery will be had. As It is strange that there is such a contrast in the document framed by the sheriff of Teller County I do solemnly protest against the militia being sent mine owners to be considered by the Unitej States Senate and the public here at this time. . proclamation that was issued on August 12. With reference to the strike of "H. M. ROBERTSON, Sheriff." 18£4 the document of the mine owners contains the following: "The settlement was made, and the agreement of settlement has since On the afternoon of September 5 a mass meeting was held by the citizens been known as the 'Waite agreement,' as it was negotiated by Governor of Victor, and, after listening to addresses, the following resolutions were Waite on behalf of the miners' union. He was appointed by them for this adopted and circulated for signatures, to be forwarded to the governor: purpose by power of attorney. and it is probably the only instance in the "Whereas a certain detachment of the Colorado State militia has already labor history of this country where the governor of a State has acted as the been landed in the Cripple Creex district, with others to follow; and agent for the one parq in a controversy of this charade~ and has forced a "Whereas according to _Published statements of Adjutant·General Bell, settlement by virtue of his control of the military arm of the government. printed this morning, martial law is threatened m every incorporated and "In addition to the provisions ultimately inserted in t.te agreement Gov unincorporated town of Cripple Creek district ; and ernor Waite insisted that only union men be employed at the mines and that "Whereas the vilest sort of misrepresentation has been employed in the all strikers who had been engaged in acts of lawlessness should be immune effort to have the camp invaded by military: Now, therefore, be it from arrest. These two points were resisted by the operators and were finally • Resolt:ed, By the people of Victor and the entire Cripple Creek district waived. The agreement ultimately entered into and signed by Governor that we deplore the actio!l taken by Governor Peabody in sending troops to Waite, as the representative of the union, provided that eight hours should Teller County, and condemn the same as unwarranted by the facts and as constitute a day's work, that the minimum wage about the mines should anarchistic in its inception, spirit, and consequences. be 33, and that there should be no discrimination against union men in the "We do hereby most emphatically protest against the threatened declara hiring and discharge of labor. This a~reem ent has controlled the Cripple tion of IIl!ll'tial law in the community of Cripple Creek district as a fm·ther Creek district with regard to hours ana wages ever since." invasion of our rights and liberties as American citizens. This statement of the mine owners is silent upon the matter of discrimina "We protest that Mayor French, Postmaster Re~n·don, and Banker Rolle tion, and this silence is probably due to the fact that the Strong mine, in stone, who corralled the governor's advisory commission, while the same': as .. which Senn.tor ScoTT is lar~ely mterested, as well as other mines, including on its brief and stealthy visit of 'investigation' night before last, do not rep the Ajax, the Elkton, and .r.;l Paso\ made a SJ?ecialty of discharging union resent the people of Victor in asking for the State soldiery. The necessity men. !tis a well-known fact that 1t has reqmred eternal vigilance on the has not existed for troops, and the people have not asked for them. Instead part of the unions of the Western Federation of Miners to maintain the par of being a lawless community, as a few high-toned anarchists seem to want tially fair conditions which existed prior to the present strike. the outside world to believe, the Cripple Creek district is one of the quietest Some three years ago the mine operators met in a secret caucus in Colo and most peaceful of its size of any community in the country. rado Springs and formulated a plan to merge the various mining properties "Two comparative trifling instances of lawlessness have occurred in the into a foreign syndicate, ask for the appointment of a receiver, then reduce home camp since the miners' sb·ike was declared, but these, all fair-minded wages, and call upon the Federal Government for troops to assist them in the people will agree, are liable to hap:pen at any time and at any place. infamous scheme of violating the agreement of 189!. "We deprecate the strike that lS now on, and upon this occasion do not The present strike has been one of the most remarkable that has ever wish to go into the merits of the unfortunate controversy, but we do wish to been waged in the history of organized labor. During all the present con express our confidence in the ability of our county and city officials to main flict there has been no violence on the part of union men, and at all times the tain law and order and protect life and property." civil authorities were amply able to maintain law and order until the advent In the Denver Post of September 5 the following statement was made: of the State militia. President Moyer, in an address to the members of the "Membe:rs of the Cripple Creek district Mine Owners' Association guar Western Federation of Miners on August 15, at Pinnacle Park, in the Cripple anteed the expenses of the troops ordered to the Cripple Creek district before Creak district counseled the miners in the following significant words: "I Governor Peabody would agree to sign the order. He was not willing to or sincerely trUSl;1 and advise that nothing be done during this trouble that will der out the troops, despite the seeming urgency of t.he case, because of the be in violation of the law. If men should feel it their duty to take a position financial condition of the State. Hestat.ed his position frankly, and t4e mine against yon who are striving to procure your rights, yon will do nothing but owners finally agreed to bear the expense of calling out the troops. They harm your position by resorting to violation of the laws." will ask the State to reimburse them later. Notwithstanding the fact that the strike had been in progress for nearly a "The estimate of the daily expense made yesterday is said to be far too month without any violation of law, yet the governor on the 4th of Septem low. During the first ten days the soldiers are entitled to $2 per day. Dur ber dispatched Brig. Gen. John Chase, Lieut. T. E. McClelland, and the at ing that period, therefore, the average daily expense is expected to exceed torney-~eneral of the State, N. C. Miller, as a commission to visit the Cri_Pple $2,000'- and it may be as high as $2,500. After ten dn.ys the daily expense will Creek district and make known to him the finding_s of their investigations. be reaneed to from $1,200 to $1,500 a day. The following, clipped from the Rocky Mountain News, will give an idea of "Certific:ttes of indebtedness will be issued drawing 4 per cent interest. the work parformed by the commission: They will be drawn against the military fund, and the mine owners will cash "The hasty departure of the &"overnor's commission this morning satisfied them and carry the State-' it may be for years, and it may be forever.' the striking miners that the visitors had come to a conclusion to advise call "E. A. Colburn, president of the association, and W. A. Bainbridge, treas ing out the troops. The commissioners arrived at Victor last night at 9.30 urer, made the agreement on behalf of the mine owners. Governor Pea and were met at the train by a committee from the Mine Owners' A.ssocia. body admitted yesterday that such an arrangement had been made, and said ti:m. After a consultation of about one hour the commissioners came to that inasmuch as no class of persons would derive more benefit out o:C the 2116· CONG-RESSIONAL .RECORD-SENATE. FEBRUARY· 20, restoration of normal conditions in the district than the mine owners; he did ing-named parti.es were a.rres~d and p:aced in the military "bull pen:" not consider it unreasonable for th6Ill to pay the expense of the militia. Charles G. Ke~n. W. F. DaVIS, Joh~ ~thoolera.ft, Gus Johnson J. B. hbell "The mine owners do not relish having to par, the freight, believino- that Bob Rowland. Victor Poole, Harry Williams, Ed Fleming, H. P. Jone3, Sher·1 the State is required to maintain peace wfth.in 1ts borders and protoot the man Parker, Frank Chasa, and Bob Adams. No one wa allowed to enter or lives _of its citizens and the property which they own. However, they decided leave hl:J.e to~ of Altman and Independence and civil process wassnsp ~nded. that it would be better to pay the cost and resnme production in their mines . The rm:pn..sonment of these men took :place previous to the proclamation than to wait indefinitely and take chances on their property being damaged. l.SSU.OO by the governm: decla~ :ing qualified martia.lln.w in Teller County. 011 "What the tot.c'll cost will be is problematical. It is not likely to be less December 4 the followmg came from the executive chamb& of the State: than ${0,000, and it may be much more than that!' SPECIAL ORDER NO. MS. Here is an often and direct confession from the governor of the State to th~.~ect that the mine owners werewillin&_ t~ payf?r thetlSe of the State Maj. H . .A. N.A.YLOR, Commanding Officer Troops, • DEOEMllER 4,1003. ~tia the arm~d power of the S;ta.tewas at err s~mce. The governor, in Oripple Creek District, Teller County, Colo., Gam"' Gold'jield, TTictor, "'olo .•• his shameless disregard of the r1ghts.of the labormg classes, nnqualifiedly ~ r ' "'' and brazenly admitted that inasmuch as no class of persons would derive You will proceed-with a cavalry of fifty men and have Maj. Tom E. Me- more benefit out of the r estoration of nortn8l conditions in the district than Clelland accompany you and read aloud the following :proclamation in the 'the mine owners ?e dld not consider it unreasonable for them to pay the ex- city of Victor, first; Goldfield, second; Independence, third; Altman fourth· pense of the militia.1 ' . Cripple Creak, fifth, and .Anaconda, six:tJ1. namely: ' 1 The citizens of the city of Cripple Creek h~ld a. meeting on September 6, STATE OF CoLORADO, ExECUTIVE ClLurnER, Denver. and, after listening to able addresses in denunciation of the action of thegov- PROOL.AM.A.TION. ernor the following resolutions were adopted: ''Whereas a detachment of the Colorado State Militia nave already been Whereas it appearing to my satisfaction that there exists in Teller County landed in the Crippl& Creek -district~ with others to follow; and qola.ded by the soldiery: Whereas the crvil authonties of said county of Teller do not appear to be "Resolved, By the people of Crip"Qle 1904. CONGRESSIONAL RECORD-SENATE. 2117 -who have considered the suoject it is believed that the rights of the. miners of habeas corpus issued on beh.aJ! of the various petitioners against the mili will be protected fully by the court:B." tary officers, Colonel Verdeckberg, Major Naylor, and Major McClelland, I Secretary-Treasurer Haywood was likewise instructed to send the follow have filed returns on behalf of all the respondents genera.lly in the six cases. ing telegram to the president of the Telluride Miners' Union: Cases 2048, 2446, and 4450 being tlw petitions of Patrick Mullaney, Victor Poole DENVER, December 1, 1903. and W. B. Easterly, the respondents are here in court witli the bodies dl those respective petition.ers. The :mswer in each one of those cases to the GUY E. M.1:LLEB.. writ is substantially as was made in a. prior case here, and which y.our honor President Tellur-ide Miners? Union, Telluride, Colo.: held to be insufficient to authorize tlie military authorities to longer hold Advise all men who were ordered to leave town as a result of a.lleged va the petitioners. M.r. Hangs has appeared for the petitioners and has fl.led to granci trials to remain in Telluride. The justice of the peace, nor any other each one of these three retm'IIS a demurrer or perhaps a motion to quash~ officia of the county or State can not compel persoBS to leave any place "'Mr. HANGs. A motion to quash. where they choose to live. The Constitution and statutes of the United "• Mr. CRuMP. It is also the same lll()_tfon which lour honor sustained on a States concerning civil rights make it unlawful for officers to deny_these prior case. I don't desire to argue the questions o law which are presented rights. Howe, Rutan, and others are subject to punishm-ent in the United m these matters, and under the precedent which your honor has established. States coru·ts, and the law will be duly invoked. You are assured of the and which is the la.w in this district, at least no'!~ I assume that orders will hearty support of the Western Federation of Miners. go directing the respondent to release each of tJtese petitioners, and I only ExECUTIVE BoARD. desil'e upon the entry of that order to reserve an exception in each case, ana By WILLIAM D. HAYWOOD, Secretary. I will say to your honor that as soon as that order is made it will be complied The Western Federation of Miners has at all times courted the fullest in with by the respondents. vestigation of conditions, a.s the following telegrams will show: "'lllr. HANGS. I presume the order will be to sustain the motion to qtlll.BhJ "'The CoURT. Motion to quash will be sustained and the petitioners will DENVER, CoLo~ December 5,1903. be discharged. Hon. ~y M. TELLER, "'Mr. CRUMP. Respondent except!!. United States Senator, Washington, D. C.: "• The COURT. That is, in those three cases that is the order; in the case In behalf of the metalliferous miners of the State of Colorado, will r,ou per of the three petitioners' names-Easterly, Pool"', and Mnllaney. l!Onally request President Roosevelt to immediately investigate conditions in "•Mr. CRUMP. In the other three cases, namely, Kennison, Davis\ and the San Jnan and Cripple Creek districts, Colorodo7 Parker cases, under my instructions they have not presented the bodies of EXECUTIVJ!t BoARD, WESTERN FEDERATION !ID'ERB. the petitioners in court, but in lieu I have filed answers, returns to the sev- By CHARLES H. MoYER, Pt·esident. . eral writs, setting forth in addition to the matters in the other cases just dis posed of the fact that. the district attorney has been presented with affidavits DENVER, CoLO.,. December 5, 1303. charging each of these petitioners with crimes under the laws of the Stata Bon. T. M. PATTERSON, l am infonned by the clerk af the court and by the district attorney that United States Senator, WasAington D C.: these informations charge murder, conspiracy to murder, and conspiracy to derail a railroad train, and have been filed by your honor. Is that correct? In behalf of the metalliferous miners of the State of Colorado, will you .. 'The CoURT. That is correct. Bring those informations, Mr. Clerk. personally request President Roosevelt to immediately investigate conditions u • Mr. CRIDIP. No question being made on the record, I desire to move in m the San Juan and CriJ)1lle Creek districts, Colorado? those three cases that Mr. Hangs's motion be denied, and tha.t the respond ExECUTIVE BOARD, WEST:B:BN FEDEB.A.TION ~s.. ent in these three proceedings be dischaJ"ged, and that an order directing By CHARLES H. MoYER, President. the capiases to be delivered to the sheriff of this county, to whom we will forthwith deliver the bodies of these respective prisoners upon those capiases. " • Mr. HANG&. We object to that order at tliis time. It is no defense to a W ASIIINGTON', D. C., December o, 1903. petition for habeas corpus that an information has been placed in the hands Mr. CHARLES H. MOYER, of the district attorney which might lead to the filing of criminal informa President Western Federation of Miners,. Denver, Colo.: tions, and we will say this, that we will not object or not insist upon the pe Yes; will see President early to-morrow and urge him to immediately per titioners. being brought in here, but we do insist that the capiases issue. and l!Onally investigate, as you request. Will wire his response. they turn them over to the sheriff prior to the dismissal of these. petitions T. M. PATTERSON. for habeas corpus. They have signified then· willingness to do that. In order to comJ.Jly with tha writ they must actually deliver the custody to legal W .A.SHINGTON, D. C., December 1, 1903 a.uthonties or they_must turn them loose to comply with the writ. CHARLES H. MoYER, "• Mr. CRUMP, We are not going to turn them loose, of course. PresidR:Jtt Western Federation Miners, Det'l.ver,. Colo.: " 'Mr. HANas. The court would have the right to put them under bonds at once or command them to the custody of the sheriff. We think these mat Senator Tl:LLEB and I called upon the Presiden_t this morning, presented ters should npt be passed up until the prisoners are delivered to the sheriff. your dispatches, and approved the request. The President stated that under Then we consent to the cases bei.tlg dismissed-that is, in reference to Parker, present conditions he had neither the power nor the right to take such action Davis, and Kennison. as you request. ... Mr. CRuMP. There is no necessity for that. This order was made in . T. M. P.uwxERSO~. pl'ior casas in this manner and as. the. court has already held in the other While the President declined to investigate conditions at the request of the. cases. We have justified and performed now all these respondents had to do, miners, yet Maj. victed of vagrancy, and worked upon the street.s because they refused tore done for the railroad attorneys, and stand ready to do whenever I can. I turn to work in the mines on the terms dictated by the Mine~Owners' Asso hope to be able to prove my appreciation of this favor. ciation. These men were property owners and had visible means of support. Yours, very truly, The union at Telluride maintains a splendidly equipped hospital, which was JOHN B. COOKE. erected by the union at a cost of $32,000. The soldiers battered down the These are but a few of the many letters which might be submitted to show doors of this building and forcibly compalled the members of the union to the system of bribery which places the corporate coll2.r on the necks of publio leave the meeting that was in session. The men were thrown in jail and officials. We have presented the facts as they have and do exist in Colorado. next day were deported to the adjoining county and warned never to return. The ablest constitutional lawyers of the State Platt, Helm & Riddell, have Appro1rimately Eeventy-five members of the ~on were exiled from their rendered an opinion that martial law can noli1 be lawfully declared in this homes and are still refused admission to the county. Vice-President J. C. State. The Army and N avr Journal, a. recognized authority on military and Williams, of the Western Federation of Miners, a citizen of California, was naval affairs, has the followmg to say on the Colorado situat:10n: among the deporte~ 1 and Ron. Eugene Engley, former attorney-general "Assuming the correctness of newspaper reports concerning the recent of the State and anorney for the Western Federation of Miners, came clash between the civil authorities and the militia authorities in the State of under the ban of the Mine Owners' Association and was forced to leave the Colorado, there is a curious condition of affairs in that State resulting from county. A Mrs. Mahoney, who had been employed as a cook at the union the unwise neglect to properly provide for the military forces of the State. hospital at Telluride, was taken from the train at Montrose and refused the * * * As there were no State funds available for the pay, transportation, tight to retum to her home at Telluride. The actions of public officials and maintenance of the troops, the mine owners agreed to advance to the under the administration of Governor Peabody prove that the men who State the money required for the purpose indicated. were supposed to be the" servants of the people" have been in league with the corporations of the State to shatter and destroy organized labor. The "CIVIL PROCEEDINGS SUSPENDED. following letters which we submit will demonstrate how Colorado's public "From the hour of their arrival civil processes were suspended. Arrests officials place themselves under obligations to serve the interests of the were made without warrants; alleged disturbers of the peace were ca3t into corporations: prison without process of law, and the sheriff's request that the prisoners be STATE OF COLORADO, ExECUTIVE CHAMBER, surrendered to him was denied. Finally an application was made to Judge Denver, May 25, 1903. Seeds for a writ of habeas corpus in behalf of two miners who had been Messrs. TELLER & DORSEY, locked in the military guardhouse. When the men were brought into court Attorneys Union Pacific Railroad Company, Denver, Colo. 000 troops were posted around the courthouse, two Gatling guns placed in a commanding_position, and sharpshooters placed on the roofs of neighboring GENTLEMEN: If consistent with your rules, please furnish h•ansportation buildings. When the matter came up for a hearing General Chase contended for my son, James C. Peabody, from Denver to Cheyenne and return, good that while martial law had not been formally proclaimed, its existence was until June 10, and oblige, implied in the governor's order commanding the troops to maintain order. Yours, very truly, JA..MES H. PEABODY, Go1:ernor, He held, therefore, that the court was without jurisdiction. PRESIDENT JACKSON WAS FINED. DENVER, CoLo., May 11, 1903. "The experiences of Colorado are an illustration of what may happen when Hon. W. R. KELLY, the enforcement of military authority is intrusted to men not trained in i ts Ge1teral Solicitor, Omaha, Nebr. exercise. As the employment of martial law is analogous to the exercise of DEAR Sm: Next attached you will find a request from Sherman M. Bell, the right of self-defeDEe by an i od[vidual,itis difficult to fix a limit to it when adjutant-general of the State, for annual transportation over the lines of the the extremity is sufficient to clearly demand i· s exercise. But a eoldier who Union Pacific Railroad Company. The adjutant-general is in a :position to be undertakes to exercise it assumes the very gravest of r esponsib:Iities and sub of benefit to the railroad company in case of labor troubles or sunilar occur jects himself to penalties against which there is no protect!on. Durin!! the rence, and we understand that it IS customary for the other railroads in this war of 1812 Gen. Andrew Jackson declared martiallawin New Orleans~,....w hich State to furnish him with such transportation. was then threatened by the advancing British Army under Ge; era.l rnken His office is an appointive one, and at the time we sent in this year's pass ham. Jack-on arrested a local civil judge who ques ioned his authority and list the present incumbent hnd not received his appointment. We recom confined him in the ban'a.Cks. When the war was over the jnd ~ e in his turn mend the issuance of this transportation, if it seems proper to you. arrested General Jackson and fined him $1000 for gross contempt of court. Yours, very truly, Thi was a good deal of money in thos3 days, but Jackson had to chco:;e be TELLER & DORSEY. tween paying it and going to prison. Pay it he did, and it was not until thirty years after that Congress provided for its repayment with interest. STATE OF COLORADO, ADJUTANT-GENERAL'S OFFICE, WHEN MARTIAL LA. W IS PEllliTSSIBLE. Denver, Colo ., May S'l, 190S. "There has always been a dispute whether there is any authority for the Messrs. TELLER & DoRSEY, declaration of martial law without the action of Congress, it being held by Attorneys Union Pacific Railroad Company, the strict constructionists that the authority to proc1'tim it belongs strictly 807 Boston Building, Dem:er, Colo. to the national legislature. Halleck hold.<~, however, that in a case of public GID\'TLEMEN: I herewithaclmowledgereceipt of annual transportation No. danger, at once so imminent and grave as to admit of no other reruedy, the B-2501, good on lines of the Union Pacific Railroad Company in Colorado and maxim 'Solus populi suprema lex' should form the rule of action, anu that Nebraska, for the ensuing year. a suspension of this Wlit (habea-s corpus) by the executive and military au Kindly accept my thanks for same, and with kind regards, I am, thorities of the United States would be justified by the pressure of a visible Very respectfully, public necessity; if an act of indemnity were required it would bathe duty SHERMAN M. BELL, of Congress to pass it. • * * Adjutant-General State of Colorado. "PEABODY ABUSED POWERS. "A proclamation of martial law is proper and customary, 'though it is DENVER, CoLo., July 10, 1903. not essential when the necessity is imminent.' A suspension of the writ of Messrs. TELLER & DORSEY. habeas corpus is per se snbstanfully a form of such declaration, but the mere G:&l\--rLE:\!EN: Will yon h'indly let me have a round-trip pass. Denver to presence of troops to assist in maintaining order does not justify such a de Greeley, for my wife, to be used next Tuesday? I will be much obliged to you parture from the ord:inary methods of enforcing law. The wldiers are called for the fo.vor. • upon to assist the civil authorities and not to defy them and to obstruct the Yom·s, truly, N.C. MILLER, Attorney-General. exercise of their authority, as these Colorado guardsmen seem to have done. The governor's action in ordering the troops to the scene of the strike, In TATE OF COLORADO, EXEClJTIVE CH. "BER~ SJ?ite of the sheriff's denial that any trouble existed, while it did not e:merd S .aru. • his powers, was a step of questionable wisdom. But that he should virtually Denver, August 31, 1903. borrow money from the mine owners to maintain the troops whom he haCJ. :Messrs. T ELLERrr.& . Do~~· R ·z -"",., c·t B t B 'ld' assigned to guard their property was a serious reflection upon the authori- Attorneys vnwn .cacr.J.c at ro....., v-ompany, t y, os on ut mg. ties of the State. G:&..~TLEMEN: Finding myself wholly unable to enjoy the privileges ex- "That virtually placed the troops for the time being in the relation of tended through the Southern Pacific pass from Sa.n Francisco to Ogden, I hired men to the mine owners, and morally suspended their function of State have the honor to return same to yon herewith, and thank you sincerely for Imilitary guardians of the public peace. your trouble in the matter, which I may at some future t1me invoke in my ''Itwas a rank perversion of the whole theory and purpose of the National behalf. Guard, and far more likely to incite disorder than prevent it. The as nmp- Respectfully, yours, tion that the mere ordering of the National Guard to a given point amounts • JAMEs H. PEABODY, Governor. to a proclamation of martial law was a tamentable display of ignora:c.ce. "This affair in Colorado is of imports.nce to the whole country, for it is STATE OF CoLORADO SUPREME COURT CH.AlfBERS just such a1>us~s of military ~nthority by if;',n?rant and reckles~ o~cers. of ' D " t • State orgam.zabons that nourlSh the superstitions dread and preJudice Wlth _ . enver, .n.ugus t9, 190S. which the unthinking are taught to regard every move looking to the devel- Me~srs. TELLER & DORSEY, Cttu. opment of our military resources and the maintenance of the national de- GENTLEMEN: Please accept thanks for transportation inclosed in yom· fenses in the required state of efficiency." favor of t l>oasted freedom "has .risen .an oligarchy of wealth that ·knows no'law, that The ·Secretary read as follows: recognizes no Uberty save the unbridled licenses of -the mercenary brigand. -The charter of '76 is as lifeless as the dust of the patriots that sleep in the GOYERN:Mn"'T PRTh'TING OFFICE, voiceless ·tomb, and that document w.hich called to arms .the pioneers who OFFICE OF THE PuBLIC PillNT:F:R, llOD.SElCrated 'its every-word in a baJ?tism of blood bas been torn from the Washington, D. :C., December 30, 1903. hand of the subjugated slaves in the u;les of the Eaeiftc and strunped with the R on. T. C. P L.A.Tl', brand of sedition and treason. . Chairman Joint Committee on Printing, Tha s:tcr.ed souvenirs of American liberty have been desoora.ted by t he pol -united States Senate. luted and sacrilegious hand of lawless monopoly and individual liberty, Sm: I have the honor to acknowledge receipt of your communication of clothed in the shoddy fabric of wage slavery, 'has been sentenced to death. December 19, in which is embodied a copy of a resolution of the Senate mak "For more than half a century the domain of human rights has been contract ing inquiry as to the advisability an.d practicability of a change in tOOt,Ypo ing under the arrogant and untrammeled ·sway of COIJ>orate .mi~ht, and pi graphical appearance of the CoNGRESSIONAL RECORD. The resolution u; as rates on the sea of commercialism, drunk upon the wme of opruence, have follows: :no vision for the fiecks of foam that ean be -seen upon the rising Dillows of "Resolved, That the Committee on Printing be instructed to inquire nnd hungry desperation threatening to engulf a world in an ocean of blood. We report whether it be not expedient that the C"ONGR1'$SIONAL RECORD, after .have thrown wide the gates of this !Republic and beckoned to the .millions of the expiration of the present session of Congress or at the close-of thepresent European brawn ~md brain, who were chanting requiems over the grave of Congress, be printed with better type than that now used." buried liberty, to come to our shores and dwell in this paradise where hu It is not assumed that the terms of the resolution necessarily imply the manity has been taught that "all men are created equal;" but now in the printing of the RECORD from type of a larger face or body. Apparently, the .morning light of an infant century liberty .is a cor.pse, assassinated by the end in view is to secure the adoption or employment of methods whereby dagger of..riillitary anarchy. the printed lines or pages of the publication shall be made more distinct a.nd Upon the indnsh·ial battlefield for.aqnarter ofa.centuryinthisnationhas brought out or set off to better advantage. Accordingly, a page of the REc •been heuxd :the.dyim! wails and groans of labor's victim.. The :Pistol of the ORDnasbeen printed in a-variety of forms, in order that the reSults obtained hired co.rpOTate murderer and the rifle of the uniformed -soldier have poured may be readily grasped by .all. These specimen pages are nerewith sub 'their missiles of death into the ranks of labor, !tlld moneyed nobility has .ap mitted. Speeimen N o.l is a _pa.15e of the REcoRD as at present printed in :J>lauded with ohee:M the wanton slaughter. The soil of every State of our 8-J>oint (or brevier) type, -set solid. This page is submitted forthepu.rpose Union ha.s been wet with the blood of labor's martyrs, to appease the thirst of comparison. Specimen No. 2 is the same matter, in which 1-point lea.ds of soulless greed. The commandment, "Thou shalt not kill," .has found no are used, showing the increase on the oppo.site page caused by the use of the place in the lexicon of commercial avarice. The •• government of theJ>eople-? leads. Specimen No. 3is the same matter, leaded with 2-pointleads, the in . by the people, and for the ~ople" Jms become-the government of trusts ana crease being indicated as before. Specimen No. 4 is a page set in solid 10- co.rporn.tion.s, and citi.zen.sh:i,p without property has no protection under the point (or lo~ primer) type. This type is two sizes larger than that now constitution of State or nation. used .in printing ·the RECORD. The extensive increase which would result The labor history of Pittsburg, Homestead, Lattimer, Chicago, Coeur from the-use of10-point is illustrated in the accompanying specimen. d'Alene, and the usurpation of oivil J..iberty in the Cri_pple Creek and TeTiu A continuation of the present 8-poin:t type leaded With 1-point leads would ride districts of Colorado proclaims beyond the question of a doubt that the increase the size of the RECORD one-eighth. (Specimen No.2.) The same reign of justice has passed a. war and that corporate wealth, backed and SllP type leaded with 2-point leads would increase the size one-fourth. (Speci ,ported by all the awe and intmlirurti.on concentrated in the machinery of men No. 3.) Should 10-point (or long primer) type be used, the number inilitn.ry power, are to be used in crushing the rebellion of organized labor of pages would be increased about 45 per cent. -'!'he bound edition of the against the invasion of solidified commercialism. The Dick military bill, RECORD for the first session of the Fifty-seventh Congress comprised 8 which was written upon the.Federal sta.tutes, appropriating to the President volumes, exclusive of the -volume of index. Leaded with 1-point leads of the United States far more1?ower than was ever enjoyed by a Russian (Specimen No.2), there would have been 9 ~olumes., and had 2-point leads Cz.. mission, in respect of a sea-level canal across the Isthmus. I will Such questions as to the actions of foreign countries can not be read a portion of it. This is what I said: safely determined in advance by a sudden surmise or guess or Now, as soon as I can have an opportunity I will furnish to the Senator hazard as to their future effect, like the fall of dice on the gam for his own 83tisfaction a report written by Mr. Morison after he had signed bling table. We should know, as far as possible, every fact that this recommendation of the Panamn. Canal, in which he shows the absolute impossibility of digging a canal that would be permanent at Panama with is in reach of honest and industrious search before we set out on any reference at all to cost or with any reference to commercial advantages. this new road, where there is no pathway or footprint to guide In this article, which he submitted for the consideration of his brethren, us. that we must open as we go. and the debate and discussion of it just before he died he demonstrates the impossibility or impracticability, within any reasonable cost at all, even of A still more important matter confronts us with a demand for cutting the canal at sea level at Panama. sober thought and discreet action. Important, because it is, un '. Mr. SPOONER. I have not seen the article of Mr. Morison. der the provisions of this treaty, a serious danger. • I wish to read a brief extract from that article by Mr. Morison. As a precendent to be established by the action of the Senate, it He said: is'most important. But, as a question of 1·ightful power to bind The Isthmian Canal Commission in its report tried to place the two canals, the people of Panama and of the United States by treaty obliga Panama and Nicaragua, as nearly on the same basis as possible, eliminatin~ tions, it is of vital moment. We are bound to know the state of from each scheme special advantages and economies which might be appli the law in Panama under which this treaty was negotiated and cable on one but could not be on the other. There were severu.l points on which the writer differed from his colleagues at the time it was signed, and it is undeniable that no law in and while these differences do not affect the general conclusion his individual Panama authorized its negotiation or ratification at the date of views have influenced the present p:tper. its signatures. Much has been said of the great value of a tide-level canal and its unlim- · ited capacity. The unlimited capacity is more apparent than real. The persons who exercised power and authority in Panama A t !.de-level canal will require a tide lock at the Pacific end, and, although were recognized at the date of this treaty as a de facto govern both gates can be left open at mean tide, so that the length of lock is not a ment by the President of the United States; does not limiting factor, its breadth and depth are. The difficulties of controlling but that act floods are greater in the tide-level canal than in the canal with locks, and the create law for Panama. It was only for our commercial security advantage of a broad inland lake is lost. and for the protection of our citizens and their property in Pan Still the writer believes that the tide-level canal would be the better canal ama that such recognition had any effect under the laws of na when done, but that the difficulties which would attend its construction, the greater cost, and especially the longer time involved, preclude its selcetion. tions. It was not and could not have been intended to create law In this paper both plans of canal are described and comparative estimates in Panama. Panama had no code of laws enacted by h6r author given in some detail. ity when this treaty was signed. I will not read the estimates. He puts the cost of it at $260,- If the laws of Colombia, locally applicable, prevailed there, 000,000. under the laws of nations, they did not authorize Panama to make Mr. President, thanking the Senator from Wisconsin for his a treaty with any foreign power. If those laws were not in force courtesy to me, I will now proceed to present the views that I in Panama when this treaty was signed, no laws existed there. entertain on this general subject, and this will be my final effort It was simply a government of force without other laws than the to explain my own attitude in regard to this matter, and also will of the men who exercised power there. · what I conceive to be the duty of the country at this moment of Such a treaty violates the laws and constitution of Colombia, time. and if they were in force in Panama when this treaty WM signed I have heard of nothing in our history that seems to require it is simply void and of no effect. more studious and careful consideration than the treaty now be A law must exist in Panama to authorize that State to make a fore the Senate. The situation it creates seems easy, because we treaty through some designated agent, and the presumption of the are strong, but it is like the first attack of a fata~ malady that no laws of nations is that the laws of Colombia remain in force in physical strength can resist. ·n is a moral delinquency that indi Panama, even after its independence is achieved, until they are cates a deep-rooted national sin that in the end "will find us superseded by the laws enacted by Panama. This state of the law out." presents the question of the existence of any civil power in Pan The parties to this treaty, the circumstances in which it origi ama to create and authorize an agent to make a treaty to bind the nated~ the great matter with which it deals, and the tremendous people, and the question of the right of such agent, if appointed consequences that must follow it are entirely novel and without by a government de facto, to grant land to other governments. precedent. It is the signature of Bunau-Varilla that is our sole evidence of The suddenness of the demand and the pressure upon the Sen title to what we are to acquire under this treaty from Panama. ate for its consideration is surprising-yes, astonishing. The facts This is not enough. aTe as yet unknown ta the Senate that are to sustain its legality Anycitizen of Panamawhosepropertyis affected by this treaty under the laws of nations as a treaty that binds the people of can contest it successfully in the courts of Panama, and even in Panama and, correspondingly, the people of the United States in our own courts, for the President and the Senate can not create their legal and moral recognition of its force as a treaty, so that law in Panama by ratifying this treaty and can not, certainly, they will not hereafter as suddenly and with equal haste turn make such laws retroactive so as to give power to Bunau-Varilla upon it and repeal it by act of Congress if it shall prove to be an to convey the title of the Republic of Panama to lands conveyed unfortunate venture. to the United States or to subject the lands of private persons to Other nations have given a pro forma recognition to the Govern condemnation for public uses. ment de facto at Panama, but whether any or how many of them If this treaty is not ratified by some power in Panama that is attribute to that Government the full powers of independence and more real and more binding on the people there than the junta that sovereignty is not known, officially or otherwise, to the Senate. commissioned Bnnau-Varilla to the United States, it can never What are the motives and purposes of those governments we be held, in any court, or by any civilized nation as binding upon are not informed, or how far they have bound themselves to an the people of Panama or of the United States. admission of the finality or validity of the secession of Panama. The sanction of a treaty-its binding effect upon a nation and For ought we know to the contrary those governments are the people who constitute it-through succe sive generations quite at liberty to recognize the right of Colombia, under the laws depends upon a law that exists and is obligatory on the people at of nations, to coerce Panama to submission to her laws and con the time it is signed. The fact that it must be ratified necessarily stitution and to her former allegiance, or even to assist Colombia, presupposes that there is a lawful power in the nation to negotiate at least with loans of money and with their moral support, in it and to complete such ratification. forcing Panama into submission. A nation acts as a unit,· as a political entity, in making and rat No na.tion of the earth, except the United States, has said, or ifying a treaty that represents its sovereign power; otherwise the will say, that due time has elapsed, or that other conditions exist people are not bound by it. that annul the right of Colombia to assert her sovereignty over When, as in a republic, or government republican in form, Panama, and we hasten to do so because we are actuated by a the people are the repositories of the sovereign power, no sover motive of national aggrandizement, which has given to the seces eign act having the force of supreme power can be performed by sion of Panama its only strength and its sole protection. its officers or agents that is not authorized by law. Our attitude in this movement requires that we should look In mak:ll:tg a contract that binds the people, their agent must closely into our own conduct as well as that of other nations, be empowered by law to bind them when the contract is made, for we do not know whether such recognition is not intended and also when it is ratified. If the agent was not thus fully em by these European and Asiatic governments as a declaration of powered, we can not make his act good by our ratification, be the first successful inroad upon the Monroe doctrine.. That inroad cause the treaty when lawfnlly made and ratified becomes the is what has been already accomplished by our rash precipitancy supreme law of the United States, and its validity depends upon in this business. the lawfulness of the act of the foreign nation, as well as the Nor do we know h.ow the precedent of our example, set in validity of our action. Panama, may encourage certain European states in promoting W ~ can not limit our people or those of Panama by such a rati what we call ''a peaceful revolution" under their protection fication, because one of the signatory powers was not, in fact, a and may as suddenly sweep Cuba or Porto Rico within the shelte; government organized by any law. of the protection of theii suzerainty. The President and the Senate can only make treaties with for- / 2122 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, eign nations, and not with foreign persons not organized as enable Panama to make trouble for the United States, and instead nations. of being given by this treaty it should be expressly forbidden. Such nation must have plenary legislative powers, because it What are the real prospects of the Republic of Panama as to acts in virtue of such power in enacting supreme laws for the maintaining its actual independence and developing into a re United States that are paramount to all our laws and State con spectable world power, in contact with the strength, activity, stitutions. It is, in fad, one of the legislative tribunals to enact energy, and aggressiveness of the Americans, who will occupy a law for the United States, and must be competent to bind the and control the canal zone and furnish its commerce and its en nation it represents. tire vital force? That there must be such an organized nation is as clearly nec The answer is that it will be dwarfed into insignificance in essary under our Constitution as it is that the Senate and House trade and in all the powers of statehood so soon as ships shall of Representatives should act concurrently in enacting a law. .1. pass through the canal without breaking bulk. Its princip3l busi According to the recitals in this treaty we are dealing with tne ness is in stevedore work, and its most prosperous institution is Re:public of Panama, and in the first announcement of its recog Duque's lottery. In that condition its only aspiration will be to nition as a government, which was made by Secretary Hay to the unite with some other state. Government of Colombia, he stated that Panama was a govern Then political troubles will set in presently, and the man on ment republican in form. If the facts have been stated, even horseback, with a revoin~onary flag and a big pair of spurs, will this diplomatic euphemism would fail to show that any organized attempt to control affairs m the canal zone, and the man on ship government existed in Panama when this treaty was signed, and board will resent the interference. Then the apotheosis of Pan much less that it was republican in form. ama's independence Will be realized in the relation of a possession Mr. Hay can not create facts by his ipse dixit, and he can not of the United States. If we are wise in our day and generation destroy them by stating conclusions or by omitting any men and are not afraid, for the sake of appea1·ances, to pluck the fruit tion of the actual facts. that our aggressive policy already places within our easy reach, As these recognitions are not sustained by the facts, it is true we will set out in earnes_t to do what is our real and necessary that we can not create a nation, or change the laws of nations, in purpose-to hold Panama m the leash so long as a ship canal is in Panama by our mere ipse dixit. operation there. I would be inclined to apologize to the Senate for reminding it But a stronger motive and a higher and more natural senti of principles of public law that are so well understood and have ment will be aroused among those people over actual or fancied never been disputed, but for a provision in Article XXIV of this wrongs that will be attnlmted to foreign rule and will lead to hot treaty, that compels a recurrence to first principles and a careful resentment. The Spaniards in Panama will unite with the Span examination of the grounds on which we are proceeding. iards in Colombia in making Yankee rule their joint object of Before discussing this article of the treaty I will first say that constant reprobation. The probability of a retrocession of Pan in making a treaty that is not a capitulation or a surrender to the ama to Colombia is much greater than the prospect that they will vis major, which is usually supported by arms and compels the either remain separated from Colombia or will voluntarily be obedience of the people, we must base our action upon the con come a province of the United States. sent of the people lawfully expressed. We can not say to our To the one country or the other Panama will certainly gravi selves and our successors that what we do in the form of agree tate, because standing alone she has neither the military or civic ment with another power we are able to sustain with force, and strength nor the desire to be isolated. The chances are clearly in will so sustain if it turns out that it is not lawfully binding on the favor of the ultimate return of Panama to a confederation with people with whose alleged agents we are dealing. This would Colombia. We will have this of such government toward the United States are friendly or the people of Panama had not acted upon the negotiation or the hostile. • ratification of this treaty through their authorized agents. If it is a rival power that holds dominion of the Suez Canal, ':f'he people of Pana~a can act upoD: the~e questions and destroy whose sovereignty is to supplant Panama, we will have another thiS treaty by repealmg or renouncmg 1t. and we can do like isthmian canal partnership or else a great war, because we re wise. It is a rope of sand when it becomes the interest of either fuse to Panama the right to merge her sovereignty in that of any of the powers to repeal it. Such is our doctrine as to our right state she may prefer, as this treaty provides she may. to repeal a treaty as to its municipal obligation when it no longer Within a month or a week, after this treaty is ratified and we suits us to observe its engagements, and we can not deny the have paid for the concessions we are to get under its provisions same right to Panama. Panama can realize the dearest hopes of General Reyes by again In such a case the treaty falls, and as to its international obli merging her sovereignty in the Republic of Colombia, stating gation, that is a question of power. that she thereby renounces the independence we recognize and The question whether Panama has the right to make this treaty agree to maintain in the first article of this treaty. She can go under any law she had enacted or adopted when it was signed further and declare, with undeniable truth that the people of by the agents selected by a self-constituted junta at Panama and Panama were living under a code of laws enacted by Colombia ratified by certain local municipal councils or mayors is still open when this treaty was signed and that code did not give authority as to all the powers of the earth, and we can not close it by a to a junta or board of prefects or consuls to enter into a treaty decree of this body or by an act of the President. with a foreign power for any purpose, and especially for the ex Any nation has the right to say that under the laws of nations ercise of the highest function of civil government, the grant of Colombia ha.s the right to say that her rightful sovereignty over lands or of territorial rights in Panama to a foreign government Panama has not been displaced, and we can not honestly say that by treaty. her right to maintain that sovereignty has been lost to Colombia. Every question of jurisdiction and power to make a treaty that If Panama, under this treaty, should return to her allegiance may now be raised in this body upon this treaty can be raised by to Colombia, as she has the free right to do. then Colombia can any government into which Panama may be merged or with lawfully assert that the reunion, so far as she is concerned, is only which it may be confederated, and we have no power to deny to the restoration of the former allegiance and that her acts, like such government the right to raise it. How such a question can those of our seceding States from 1861 to 1865~ are not valid when be settled, otherwise than by war, is not provided for in this they, in any way, affect the national powers and authority of treaty. If settled by war, as it will be if it is ever raised, the Colombia. provisions of this treaty will be responsible for that situation. Is this possibility too remote for consideration? Is it absurd, in When we make war to save our rights under this treaty, it view of the fact that we are a world power and that Panama is should be at once, whenever any other government attempts to se a political kitten in our arms- that does not yet hear the cry of cure the merger of the sovereignty of Panama into its superior Colombia, its caged mother, for its return? · sovereignty, or its confederation with other governments without The time will come when Panama will cry out and Colombia our express consent to be given at the time, and also expressing will listen; and an applauding world will be more ready to recog all the pledges, guaranties. and conditions which the United States nize the reunion through thi.s open door in this treaty than it has may see fit to require or accept, not only as to existing rights, been to acknowledge the independence of Panama. but also to such as we may then demand of such government. Even the strongest men perish of infirmities that first appear in To avoid the necessity of the settlement of such a question by a spot on the cheek, and world powers may perish from some war hereafter we can now so provide that any effort to embarrass flattering iniquity that kindles a fatal fever in the brain of a our perfect control of the canal will be a casus belli, just as if it president. were located across the peninsula of Florida. We need not do this We have rumors. such as we are all the time required to act upon in terms if we acquire rights in Panama which neither she nor without official information, because the President has no respect any other government will question. for the views and wishes of the Senate, but only for its obedience, It is painful and even distressing to see that we open the door that Panama has placed some proviSion in her constit]ltion giving of invitation in this t1·eaty to such interference with this great to the United States the right to intervene at any time to preserve work. It is to be a feature of our Government which is to be a order and to protect life and property in Panama. far more intimate and important feature of our national auton Wa.s this a suggestion of our Government in an attempt to annul omy than even the Great Lakes of the North. the effect of .Article XXIV of this treaty, or was it a frightened The canal is to be perpetual, and our control of it is to be per expedient of Panama to prevent Colombia from keeping up strife petual. So that we must now fix, immutably, the conditions on in that Republic? which this part of our national authority is to rest. These con No matter what is the cause of this strange provision in the ditions are so varied-as yet so unknown-and they are so inter constitution of this fresh-born, proud, and independent Republic, woven with the future success of the work and with its national our ratification of this tTeaty without change, after the adoption usefulness that we dare not leave anything to future adjustment of that constitution, is only a waiver of any benefit under that that can now be settled by the acquisition of powers that are provision when Panama chooses to merge her sovereignty in that fully adequate to that end. It is nothing short of criminal folly of another government without a reservation of that provision of to surrender to the chances and hazards of the future the power her con ·titution in favor of the United States. In this treaty we to do as we shall se~ fit, at any time, with this peculiar and im- permit Panama to merge her sovereignty in another government, mense work. . and thereby to revoke and destroy the right of the United States We must know now, as far as possible, and we must forever to intervene with requisite force to compel obedience to her will secure the future right to determine what government will hold in the preservation of peace, order, life, and property or the au any 1·ightful power in Panama outside the canal zone and the thority of the laws of Panama anywhere in that Republic. · joint right of control provided by this treaty inside that zone. To make this conces ion in-evocable it must be seclu-ed by a There is but one way that is possible by which we can secure bond that is stronger than a treaty, which can be rep;aled by that power. It is to provide in this treaty, if it is to be the supreme legislative act. It must be a legislative compact, like that with law that will control these rights, so that the Government of the Cuba, which c;an be revoked only with the consent of both Gov United States shall determine, without let or hindrance, whether ernments. the sovereignty of Panama shall be merged into any other state It is not far to see that this expedient is supposed to be based or confederation of states, and all the conditions that are to be on the Platt amendment to the army appropriation bill relating annexed to such merger. to Cuba. But the plagiarist who did this work did not make a To leave this matter entirely to the discretion of Panama, as is faithful copy of the original. done in this treaty, without a single guard that the government The Platt amendment was an act of Congress that required that into which it is telescoped is bound to respect, is simply to invite the constitution of Cuba should set forth certain organic laws. trouble and to preordain disaster. If Great Britain or France This, when done, was a compact between two governme!lts. A or Russia or Germany or a South American zollverein, led by treaty was also provided for to clinch the compact; for what rea~ Chile, should take Panama in tow, with her love of political son I have never known. liaisons, we might find it too late to repudiate the solemn guaran If this treaty contained the provision that the part of the con ties of this treaty or to strangle such an anaconda. stitution of Panama which I have mentioned should be irrevocable, Such an alliance or combination, or such an adventure by a then we could assert it as a treaty right against any government single state, supported by the moral force of the laws of nations, into which the sovereignty of Panama may be merged. But to would give such states the right, as the Senate now has the make the agreement sure and steadfast it should be a legislative right, to question the validity of the cession of tlfe 10-mile zone. compact on the part of both Governments, and should be irrev They are left free to challenge its validity on the ground that the ocable except with the consent of both. act of Bunau-Varilla was without the authority of law, and that The third article also should be amended and sent back to Panama there was no law in Panama when this treaty was signed that for acceptance, so as to give us the right to intervene at our op· empowered anyone to make such a treaty, and, above all, that tion for the protection of life, liberty, proparty,and public order, 2124 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, including the suppression of all such establishments and practices tion of the union, strength, and solidarity of·all governments, re a.s are calculated to encoUl"age vice and providing that this power publican in form, w:pich derive all their powers from the people, shall be perpetual in the United States. organized as self-governing nations. With such definitions as to the independence of Panama as will The. whole fabric of republican government rests upon the will prevent the international attitude, whatever it may be, from in of the people expressed through organic laws and organized insti terfering with our sovereign right to exclusively constrnct, con tutions that are. elective and are not self-ordaining. It is the trol, and protect the canal, the treaty would be improved in a union of the people in that form and upon that basis that consti vital and essential feature. Without such amendment it will be tutesa republican form of government, as distinguished from gov only a provocation and excuse for future controversy and will ernment by what is called "divine right." embarrass our operations in Panama to a degree of dangerous in It remains for the Senate of the United States to establish a law security. of the highest authority, that is to be.the supreme law of this Re I have gone over, thus hastily, these features- of the present and public, under which an existing and re-cognized sister American prospective situations in Panama that I might justify the appeal republic can be disintegrated, torn apart, and dismembered by a to the Senate for a careful re-vision of this treaty and for its pres portion of ita citizens, actingwithon:t any legal form of organiza entation to whatever may be the regular and pel'lilanent author tion, in open and treasonable defiance of the laws and constitu ities at Panama for concurrence and ratification. tion of Colo:mbiau The points I have referred to include the independence of Pan Such a law fol' the destruction of republics should never re ama, a matter that must otherwise remain unsettled until the ceive the sanction of this body. If. this is done, no republic can right- of Colombia to enforce her authority in Panama has been have a longer lease of existence than may be granted by some settled. mora powerful government, according to ita pleasure or to satisfy Of course Panama, under Article XXIV of this treaty, could set its greed. that question at rest by merely consenting again to merge her sov Any great. temptation, such as a route for an isthmian canal ereignty into that of Colombia. And she might settle it bymerging like that at Panama or Nicaragua, or mines of gold like those o! her sovereignty in that of the United States or some other: strong Alaska, or great bribes of money like the $10,000,000 we are to powe-r that Colombia could not resist. But it requires no argu place under the control of a few insnrrectos in Panama, will in ment to convince any man that Panama could not prevent Colom duca covetous powers and treasonable citizens to unite in the bia from compelling her submission, if other nations do not inter spoliation of the government for motives of parsonal gain and fere. national cupidity, and the wealth and prosperity of our American But we can not, and the world will not now settle it conclu republics will be the cause of their destruction by more powerful sively against Colombia, under any principle of international law nations. or the pratice of nations, that Panama is, under the present con Under the rule we will establish in the ratification of this treaty ditions, a free, sovereign, and independent republic. no republic that has anything that any other government desires We are preventing Colombia from asserting her authority over can be safe against destruction unde::c this furtive and fatal plan a party of ins.n.rrectionists in Panama by military force, and, in o.f disintegration. the absence of such interposition, herpowerto put down the rebel With reference to the bolllldaries of the powers of the Senn.te, lion in Panama is not disputed. questions_ are raised by this treaty that are of the first magnitude Our recognition of the sovereign independence of Panama under and require the most patient and conscientious inqu:iry. snch conditions is of no conclusive weight under the laws of na In Article ill of this- treaty the question is distinctly presented, ·ons. Yet, as an accomplished fact, so. declared by om Govern whether the treaty-making power of the Government can acquire ment, we may regard it as a lawful situation, under om municipal by purchase from another government lands and territorial rights laws, and act npon it. within its jurisdiction, so as to extend to Congress the duty and It- is from this standpoint that 1 regard this treaty as if it was confer upon it: the power to make rules and regulations for its the act of two equal powers, both being sovereign and independent. government and for its disposal. In doing this for on& I must regard the action to be taken by By th& th±rd article of this treaty the Republic of Panama the Senate as if it were dealing with one of the most powerful of grants to the United States,- in exclusive and perpetual sovereign the nations of the earth, neither yielding anything to a S"entiment, right, more than 520 square miles of its tenitory, designated by snch as a generous man might yield to a foundling placed under metes and bou.nds, whereby it becomes the property of the United his care, nor omitting any safeguard for the futtrre that is re States. Congress must therefore make laws, rules, and regula qu:ire-d when we are so providing as to protect the United States tions for the use and disposal of this area after it is so acquired, against possible dangers from powerful nations. if th~ acquisition is constitutional. I am.nowtrying to discuss general questions and situations that If Congress provides no such laws, it is very clear that the arise under and in connection with this treaty, and will advert to treaty-making power can not provide them, so that the grant is the circumstances of its origm to show that they require of the not complete until the Congress has accepted it.. It is, at most, Senate unusual care and circumspection. only an executory contract that depends upon the consent of a This is a very great treaty, that is intended to measure its exist thiru power for its complete execution. ence with that of the United Stat.es and its influence with the The Government of the United States, thereforet in all its de· whole circuit of the earth. partments1 which are only three, is not bound by such an acqu.i· But- we are treating, m respect of such matters, with a party sition of territory from a foreign state until it has been accepted that is under d11I'8ss from fear of Colombia, and from incapacity by Congress. Until such a treaty is accepted by Congress in some to deny us anything we choose to demand as the price- of om pro form it can have no effective force or operation. No such treaty tection against Colombia. This- treaty power is the first of its can be self-executing. sort that ever appeared in the annals of history. If I am right in this point, this treaty does not perfect the grant There was never before such a government established, pro of this land to the United. States. and unless we are willing to fessing to be a republic, as that which existed in Panama from take the risk of the future action of our Congress, without pro November 3 until thiS" treaty was signed. It can only be described viding in this treaty that Congress shall ratify the purchase it correctly by saying that it. wanted every element that belongs to should be so amended, unless such provision is found in the novel an established government, with either municipal Ol" interna- and unusual form in which its ratification is provided for in .AJ: tional powerS'~ · ticle XXVI as follows: After its declaration of independence, issued by a. few inhab The convention. when signed by the plenipotentiaries of the contracting itants at a public meeting, those who asserted authority o.r at parties shall be ratified by the respective Governments, and the ra.ti.fica.tions tempted to enforce it found no laws to sustain themexceptthose shall be exclla.ng~d at W a.shington at the e&l'liest possible date. enacted by Colombia. Our Constitution requires that treaties shall be ratified by the They did not even attempt to provide other laws for the control Senate of the United States, not by the Government. o.f the people. Their alleged independence was not a fa~t sanc The Senate is not the Government of the United States, nor is tioned by law. It was oruy a political situation with nothing to that Government limited in any case to the Senate. support it but force, the will of an unorganized body of people, The Prel!ident and the Senate. are not a department of the Gov and the protection of the Navy of the United States, without ernment~ They constitute a tribunal or commission to make which the ins1D.'l"ectionary movement would not have been set on treaties, with no other powers conferred upon it. It is so usual foot. as to have become a diplomatic rule that om treaties. must state Colombia was, in fact, petitioning the Government of the United in the text that they must be ratified by the Senate. There is no States for the withdrawal of ita prohibition. against the exercise rule or practice· or law that a treaty can be ratified by the Gov of her constitutional sovereignty over Panama when this treaty ernment of~ United States~ This rule ha been ignored under was signed by the minister of Panama appointed by that junta. circumstances that sugcoest a new and uttel'ly inadmissible power If the Senate of the United States ratifies a tieaty thns ordained on the- part of the Pre ident. in Panama, it will make lawful the most deatructive principle In. our intercourse with foreign powers the President is. known that can be devised for the undoing of republics and the destruc- to them as the Government of the United States. This treaty, 190-L CONGRESSIONAL RECORD-SENATE. 2125 in its express termB,provides for the ratification by the respective lishing a government de facto, could release the United States Governments of the treaty powers. This :is not a refinement that from its guaTanty of the ownership of _the soil in sovereign right sticks in the bark of the subject, as to our own engagement of to Colombia. ratification. Tbe language employed :is misleading and .should AnotheT reason also operated to make this gnaranty of the high therefore be corrected by the Senate; it is a .matter of most est value to Colombia. It was that the citizens of the United weighty import when the act of ratification is required to be States were given the right of transit across the Isthmus on an .made by the Gov-ernment of Panama. equal footing with the -people of Colombia; and, having shown a .At the time this treaty was signed there was no .known gov- marked and unworthy disposition to conduct filibustering opera ernment in Panama that was capable of making such a. treaty. tions, they could not be admitted to such .rights by Colombia. with If a gov~rnment has since grown up there that can make a treaty out the strongest pledges on the part of the United States to protec.t and ratify it, this treaty.., if the S.enate chooses to act tg>On it .as an tbe sovereignty of Colombia. over Panama and her .QWnersh.ip of unauthorized negotiation, should speak from the date of its.ra.ti- the soil in any and every event fication and not from the date of its signature. Until1856 Panama possessed powers of local government ihat In that case, as in the case of the Hay-Herran treaty, thls in- .frequently developed into conflicts with the Federal Government strument when perfected by the Senate, .should be sent to Panama of Colombia which were costly and disastrous. for ratifica.ti<>n or dissent. On just princi_ples of fair dealing and In the constitntion of 1856, which was accepted by Panama, frank int9rcourse between the .Eresident and the Senate on this these powe~ were taken away and the Department of Panama g1:av.e a"!ld-weighty matter nothing .should he concealed or omitt-ed was placed more directly and exclusively under the legislative that will g iv-e the Senate a full knowledge of the facts as they are · control oi the Federal Congress at Bogota than any of our Terri- known to the President and the Department of .State. tories are under the Congr&"S of the United States. The credentials and full powers of .M. Bnnan-Varilla .a-s the The .reason for all these peculiar provisions as to Panama are Panama 11egotiator ar.e disputed by Senators in their :plaees, as clear enough when we consider the character of population that not being .sufficient to enable him to make this treaty. wasdrawntot.hatlocalitybythe remunerative employment given The Coiillllittee on Foreign Relations, by vote, call.ed upon the by the rnilroa.d and canal works to the lowest classes; and its dis Secretary <>f State for a copy of these powers, and he declined to tance from the main body of the Republic, which could only be furnish them to the committee, and thereupon, after the iapse <>f successfully reached by water routes, made it very difficult to several days, the committee rescinded its Tesolution. goveTn. . The Senate should, in juatice to -the Administration demand Now, to a mind 'hat does not find in some misapplied canon that those powers snould be sent to the Senate, that it may be of the law .a convenient theory to justify a wrong, it seems quite seen whether the negotiation of this treaty has been conducted plaln that no condition could possibly exist llllder the treaty of by an unauthorized _p.erson, ana w.hether those from whom .such 184.-6 tnat conldjnstify a purchase o.f the soil and territorial rights powers emanated were ''the Government'' of Panama, empow- of Colombia in that Department from any government mPanama ered to make treaties and exchange ratifications~ and whether~ in in hostility to Colombia and as .its rebellious successm· to the fact, those persons comprise the Government of Panama, with sovereignty of that Republic. Our treaty pledge was given to which ratifications can now be lawfully eEhanged. secure Colombia against this exal'...t state or condition of affairs in Panama now claims to nave a railroad that .ll; to be a source of Panama. revenue to the local Gov.ernment. as the sue.cessor to the Gov.ern- To-day our Government :is in Panama claiming the right to be mentofColombia, tothesumof$250,000perannnm,provided.some there only under the treaty legal presumption that the laws of Colombia in force in Panama people. Aside from that, however, we should not so far under on the 3d day of November, 1903, remain in force until they are rate Colombians as to snppose that they have not the courage or repealed by some legislative authority in Panama or are substi the ability to conduct war for the redress of grievances. It may tuted by other laws so enacted. be hopeless of good results to Colombia in a practical way, but In addition to the total want of justification for any assault men who have just conceptions of their rights are not apt to weigh upon the sovereignty of Colombia by the United States, we united them in the filthy scales of commercialism. with the officers and agents of the Panama Railroad, which is If any nation has ever been robbed of an important province or controlled by theNew Panama Canal Company, in active military department by duress, without at some time endeavoring to re • operations conducted for the purpose of protecting open insunec cover it by war, I have failed to read of it in history. tion against Colombia and to secure the permanent secession and A surrender to duress is so humiliating that it becomes a badge independence of Panama. of cowardice or of utter helplessness if it is never attempted to The person appointed by this triumvirate of consuls as· minister be removed. No snch surrenders without a conflict of arms are plenipotentiary to the United States is a citizen of France~ with recorded in Spanish history. personal interest in the stock and securities of the Panama Canal The President-elect of Colombia, General Reyes, in his recent Company and with former official relations with that company as correspondence with our Department of State, has notified us of director-general and contract relations for doing large and costly the fixed purpose of that Repu lie to restore its territorial integ work on the canal. rity at Panama. The New Panama Canal Company, whose connection 'With the This is far from being an idle boa-st, and the patient and me old company is practically inseparable, induced the Government thodical way in which he is proceeding is a strong assurance of of France to obtain from the triumvirate, or some other alleged the earnest and settled purpose of his Government. authority in Panama, the solemn pledge that all contracts between If war occurs, it may not be a great war, or one that is in any Colombia and either of said companies entered into prior to the respect dangerous to our Government. If it 1·eqnires us to over 3d of November, 1903, should be confirmed and enforced by Pan run and hold Colombia until peace and the safety of Panama and ama. This compact antedated the Hay-Varilla treaty. the canal are assured it will be difficult, protracted, costly, and This attitude of the United States toward Colombia has no fatal to many thousands of our people. warrant in precedent. Being the result of inducements of a In the first revolution in Colombia, the war for the expulsion of strongly tempting character, it is a selfish and covetous aggres the Spaniards. led by Bolivar and supported by the Englis!l and sion. Colombia being at war in Panama for the assertion of her the native population, was active and destructive. It continued lawful sovereignty in that Department of the Republic, for the for t.en years. protection of which she has our treaty guaranty, the intervention With the entire population of Colombia arrayed against the of the United States in support of the insurrection made us a United States even a longer struggle may be maintained, butitis party to that war. the guerrilla character of Indian and Spanish warfare in the It still continues and would be successful in reestablishing the Isthmus that is likely to be the most vexatious, inconvenient, and rightful authority of Colombia in Panama if our military inter expensive to the United States in protecting and quieting the vention was withdrawn. Of this fact there is no reasonable twenty to fifty thousand unarmed lab01-ers that we will employ doubt. on the construction of the canal. We are for the time compelling a truce to open hostilities, Such conditions should be avoided, if patient and wise foresight · while we are attempting to negotiate with Colombia for the pur are allowable in passing upon this treaty. But the pressure fo.t pose of buying her consent to the independence of Panama. final action is irrepressible, and the consequences are upon the This negotiation admits the rightful attitude of Colombia, so majority of the Senate. far as we are concerned. A final vote on the treaty, without amendment, is demanded for If it is successful it will relieve the situation of one of its worst no reason that suggests that haste is necessa1·y to its success. No and most alarming features, for it will enable us to go to work such reason has been stated, and none that seems to be important an the tremendous task of constructing a canal at Panama with can be stated or, rather, will be stated to the Senate. out the overhanging threat of a bushwhacking conflict with Co Such defects in the treaty as require amendment, and have been lombian irregulars and their allies, the savage tribes of Indians so reported by the Committee on Foreign Relations, are not to be in the mountains and jungles of eastern Panama. permitted to retard the final exchange of ratifications. Senators, Peace, thus secured, will save the lives of many of onr soldiers, "peaking in advance of discussion, whose opinions are excathedra who are already suffering seriously from exposure in camps to on all occasions of e-mergency, inform us that they have looked the diseases of a fatal climate. into the matters and that no amendment is necessary. No formal declaration of war has been made by Colombia 'l'he committee discussed those amendments carefully and voted •- against the United States. None is needed to create a state of to recommend them, but some new light, it seems, has dazzled actual belligerency through our close alliance with Panama and their wisdom into darkness and turned their judgment into folly. our assistance of that Government in protecting it against attack On the occasion of the discussion of th.a Hay-Herran treaty all by Colombia. amendments were voted down. Many of them were admitted to The present ratification of article 1 of this treaty will commit be proper and even necessary, but they were rejected on the state the United States to maintain the independence of Panama, and ment that if a word in that treaty was changed Colombia would the declaration of that pm-pose will throw upon our soldiers the reject it. whole burden of the existing war between Panama and Colombia. It is now urged that those pro]_)Osed amendments to the Hay In substance, effect, and intention, though possibly not in form, Herran treaty are adopted in this treaty as one of its chief recom the ratification of that article of this treaty will be a declaration mendations. of war. It may be a defensive war, but none the less an actual I then appealed to the Senate to be informed whether the ur state of war with Colombia. gency for ratification was so great that we could not afford to This is the task the Senate is required to assume, to aid an un take the time to do justice by our own country. I again make lawful exploit of the President, aud it has neither the adequate that appeal, and supplement it with the inquiry: Are we so powers nor any just cause for yielding to that demand. alarmed at the obstinacy of Panama, or at the ill temper of that If the action of the Senate in making this open declarati-on, infant ward of the United States, yet in its swaddling clothes, which gives to Colombia a just cause for war against the United that we dare not propose any amendment to this treaty lest it States, should be delayed so as to afford a reasonable time to ad should kick the whole negotiation into the fire? just and compose the relations between Panama and Colombia, Are we to be again assured by grave SenatoTs that if any trouble there is hope that the situation in Panama can be so cleared that is hereafter found in the terms of the treaty or in its interpreta work on the canal can ba conducted with greater safety, and that tion that it is the fixed purpose of the United States to have its our soldiery may be saved from the ravages of disease to which own way in the matter, and that in practice we will hereafter they must be exposed in camp in that fatal climate. · put amendments into the treaty that we now refuse to write As to the necessity of gaining the consent of Colombia to a rec in it? onciliation with Panama and the United States before we are To rely upon such rules of construction with safety depends committed to a declaration of hostilities 'with Colombia, there upon the size or t.he strength of the high contracting powers we exists some serious miscalculations among Senators. are dealing with. A deeper wound to pride of country and race was never inflicted It would not do if we were tr-e ating with even a respecmble upon any people than that which Colombians feel in the existing power, and it will not answer to put force in the stead of agree conditions in Panama. To aggravate this suffering by an arro ment should Panama, unde-r .Al·ticle XXIV, become merged into gant attitude on our pa1·t is surely not the part of wisdom or gen or confederated with some strong power. erosity. I will only point out, but will not discuss, snch startling propo It may gratify the pride of the President, who has brought about sitions as guides for the action of the Senate. this situation, that he may find in it some excuse for violating the It is no mere surmise, it is a fact that is proven by abundant laws of the United States, but it will not gratify our sober-minded evidence in on:r archives, that this urgent demand for hasty and I 2128 CONGRESSIONAL RECORD- SENATE. FEBRUARY 20, conclusivn action on this treaty comes from our entanglement It had not earned these properties, and it was impossible that it with the old and New Panama Canal companies. could earn them under the Wyse concession. The consent of the If no special reference was made to those companies in this Congress of Colombia was the prerequisite to any such sale. It treaty, the nervous haste for its ratification would tone down to was for that which we were to pay Colombia $10,000,000. The the temper of quiet consideration of its many vital provisions. sale, when made, ended all hope for a canal under the Wyse con If such omission had been in the treaty, however, it would not be cession, which would have been so valuable to Colombia, if it had here in the form it is, if it would ever have been negotiated by been opened, and would have refunded all that the New Panama Bunau-Varilla or the junta that commissioned him. This treaty Canal Company had put into it, with a large profit addod. It is bas for a leading purpose the payment of $40,000,000 to the New now the same case with Panama. Panama Canal Company. If that is disappointed or postponed, Colombia's chances for the forfeiture of that property were as the urgency for its ratification would be quieted down. certain as death, and that fact rendered the title of the company We are, in fact, increasing the dangers of war with Colombia under that lease of no practical value. It was this bare chance, by pushing through the ratification of this treaty, to meet the de with no prospect of its becoming valuable, that the New Panama mands of France and the Panama Canal Company. CanalCompanyengaged to sell to the UnitedStatesfor$40,000,000. The most important company in Panama is the Panama Rail That project fell with the Hay-Hen·an treaty, and is now re road Company, chartered under the laws of New York. Yet, as newed under the Hay-Varilla treaty, with the price enhanced to its rights we are quite indiffer ~nt. above $40,000,000, but to what amount is not known. It is the only highway for commerce or passengers in the De France has interposed and required Panama to agree to adopt partment of Panama, and is therefore the only transit that the and ratify all the concessions made to the canal company by any United States has ever protected or has any occasion to protect. authority in Colombia, and to require the United States to pur About 85 per cent of the stock of this company is held by the chase these rights and properties from the New Panama Canal New Panama Canal Company under conditions that are fraudu Company, as the landlord, instead of being the lessee, and to pro lent and scandalous, as I have demonstrated in the Senate, and vide in this treaty that our title to the ceded canal belt shall not has been stated in reports of the Committee on Interoceanic Canals. be absolute until we have consummated such pm·chase. It is a valuable property, yielding great dividends that will in I need not restate these indisputable facts that no one denies, crease during all the time the canal is under construction. It is or the fact that the prominent men in the New Panama Canal the only foreign company there that yields any revenue. Company agreed to subscribe its capital stock and to complete the An American who has any regard for the rights and property canal in order to obtain releases from heavy fines and pardons of Americans would look after the interests of this corporation from convictions for felonies, for robberies of th_e old company. in making a treaty with Colombia or with Panama that includes No one has denied or can deny these facts. I again refer to them this railroad in the same zone that includes the incomplete Pan to show that_these men have no claims to the indulgence of the ama Canal. United States or to be tolerated in conducting and contmlling our The consent of that company to any transfer of its concessions negotiations with Colombia or Panama for canal concessions. to the United States, secured by a contract with it , is quite as In this treaty they have so provided, in Article XXII, that we can necessary and quite as important as the consent of the Panama not get an absolute title to the canal zone from Panama until we Canal Company . .:Yet in this treaty and in the Hay-Herran have purchased and paid for their canal property and conce sions treaty and its progenitor, the Hay-Concha treaty, no mention is at a price that is satisfactory to them, and France has bound made of the Panama Railroad Company, except that its railroad Panama to respect and enforce- their demands as the condition of is sold outright by the Panama Canal Company to the United their recognition of its independence. States with the consent of Colombia in the Hay-Herran treaty, It is to fasten this part of this treaty bargain and to secure and with the consent of Panama in the Hay-Varilla treaty, just profits thereby in speculations in the stocks of the New Panama as if that company and its railroad and its concessions belonged Canal Company and the bonds of the old company, that this treaty to the New Panama Canal Company. is to be rushed through the Senate and ratified, to the exclusion Why has this distinction been made between these two com of all amendments, even those that the committee have recom panies, thus ignoring the United States corporation, while the mended to the Senate. French company is not only consulted, but it is admitted, through This urgency for swift dispatch, at the expense of the reputa Cromwell, its general counsel, to pru:ticipate in the negotiations tion of the Senate as a careful and deliberative body, does not conie with the United States and is everywhere in evidence in all that from Panama, but from those who are manipulating the demands is done in obtaining concessions for a canal zone? , of the New Panama Canal Company and the holders of its stocks Why is that company"here now, with its hands red with Colom and the bonds of the old company in syndicates that have bought bian blood, demanding that the Senate shall hasten to ratify this them for a song in times when theirprospectivevaluewas greatly treaty? depressed. · The answer is plain enough. It is because the Panama Rail Such combinations are in control of such powers in our country road is complete, and the sale of its stock by the canal company that to contend with them seems to be a fruitless endeavor. involves no great sum of money and furnishes no margin for specu The point of urgency at this moment is to realize their profits lation. But the canal is incomplete, and the New Panama Canal before the French courts have passed upon the rights of Colombia Company never intended to complete it. They were compelled still to assert the obligations of their contracts against the Pan either to sell it or forfeit their entire property, under the W yse ama canal and railroad companies: concession, to Colombia. This seems to be a desperate situation If the Senate should ever find a worse situation than that as to the Senator from Wisconsin [Mr. SPOONER], who evidently signed to it by these operators in the effort they make to shape thinks it an outrage that this company shall be compelled to com the action of this body, its past splendid reputation will only be ply with its contracts. a memory of better days, passed forever. It could only be sold to the United States-the only possible That we should refuse to give the people of Panama, on the purchaser-and the right to become the vender of the property demand of such persons, the opportunity to discuss a treaty with was the only chance to realize anything from its property; that the United States lest they should find objection to it, is an exhi was then utterly incapable of ever earning a cent of money for its bition of oppreEsive power that even the syndicates who are stockholders. making this urgent preEsure upon the Senate will deride us for The sum of $40,000,000, that the United States bid for this prop when their greed is satisfied. erty, gave to that company the power to set on foot an immense I respectfully submit that what I have shown to the Senate contest among speculators, lobbyists, and lawyers, and they had furnishes ample reason for the deliberate and courageous action the power and the audacity to push their demands into the most of the Senate in providing for the future welfare and safety of reserved counsels of governments. the country, and that is all that I now insist upon. What they had to sell is the same that a person sometimes sells The days will be few and full of trouble until it will be mani to doctors-his body for post-mortem uges on the dissecting table. fest that·our determination to push this treaty through the forms This is not an imaginary or overdrawn statement. of ratification without amendment and without submitting it to The New Panama Canal Company had no possible chance to an organized government in Panama is a fearful mistake. perform its contract for the completion of the canal, according to I have tried to do my duty to prevent this unnecessary borrow its terms, by the 31st of October, 1904. Or if that term should ing of trouble, and will still perform it, in good faith, to avoid or be extended to October 31, 1910, it was equally impossible that modify or correct those evils that will crowd upon us in the near they could have completed the canal or even to have made an im future, and with this declaration I will be free from responsi pression upon it. They only put $12,000,000 into their treasury bility from results that our rash action will flood upon the country. to complete a canal that had already cost the old company I am very much obliged to the Senator from Wisconsin for his $260,000,000 to dig two-fifths of it. courtesy. . The New Panama Canal Company had no right to occupy the I desire to append to my remarks as a supplement an article relation to the United States of vendor of its ditch and plant or entitled "The recognition of Panama," an address delivered at the ground it occupied, or of the concessions from Colombia. the Massachusetts Reform Club, by Mr. Moorfield Storey. He 1904. CONGRESSIONAL RECORD- SEN ATE. 2129 treats the subject entirely as a publicist and lawyer would treat employment of armed force to fulfill its guaranties under the thirty-fifth article of the treaty of 184G, in order to keep the transit open across the Istl;l it, without any political motive. mus of Panama. Wit~ the consent of the Senate I will append it as a supplement "Desirous of exercising only the powers expressly reserved to us by the to my remarks. treaty. and mindful of the rights of Colombia, the forces sent to the Isthmus were instructed to confine their action to 'positively and efficaciou'3ly' pre The PRESIDENT pro tempore. The Senator from Alabama venting the transit and its accessories from being 'interrupted or embar asks unanimous consent that there may be printed as a supple rassed.' The execution of this delicate and responsible task necessarily 'ment to his remarks a paper by Mr.Moorfield Storey. of Boston. involved police control where the local authority was temporarily powerless, but always in aid of the sovereignty in Colombia. The prompt and succei'!Sful Is there objection? · The Chair hears none and the order is made. fulfillment of its duty by this Government was highly appreciated by the Gov The paper referred to is as follows: ernmentof Colombia, and has been followed by expressions of its satisfaction. * * * The restoration of peace on the Isthmus by the reestablishment of THE RECOGNITION OF _PAN.A.MA. the constituted Government there being accomplished, the forces of the United States were withdrawn." Address delivered at Massachusetts Reform Club, December 5, 1903, by While, therefore, we had once or twice landed troops when there were Moorfield Storey.] riots or insurrections on the Isthmus, we had done so in aid of the sovereignty of Colombia sometimes at the request of her authorities, and always witJr In order to discuss intelli~ently the action of the Administration towa1·d her approval. the Republic of Colombia it lS necessary first to know the facts, and I will en- We had insisted that upon her rested the duty of protecting the transit deavor to state these briefly. - against attacks from insurgents, and had notified her that "the discharge The treaty·of 1846 between the United States and New Granada, in the of this duty will be insisted upon." Our interpretation of the treaty and our words of Secretary Hay, "is not dependent for its efficacy on the personnel action under it had been in accordance with the clear language of the treaty. of the signers or the name of the territory it a'fi'ects," but "is a covenant, as We had helped Colombia to discharge her duty and t{) a ert her sovereignty. the lawyers say that runs with the land."· That is, it binds both the United We had never interfered nor claimed the right to interfere against her. States and the Republic of Colombia, which has succeeded to the rights and There is another diplomatic precedent which should not be forgo ~ten in obligations of New Granada. this connection. I refer to the famous Ostend manifesto. In 1854 Messrs. This treaty contained the following reciprocal agreements: Buchanan, Mason, and Soule, the ministers of the United States at London, "The Government of New Granada guarantees to the Government of the Paris, and Madrid, met at Ostend and issued a joint declaration advising the ·united States that the right of way or transit across the Isthmus of Panama purchase of Cuba by the United States for $120,000,000, and proceeding: upon any modes of communication that now exist, or that may hereafter be "If Spain, dead to the voice of her own interest and actuated by stubborn · constructed, shall be open and free to the Government and citizens of the pride and a false sense of honor, should refuse to sell Cuba to the Uru ted St9.tes, United States," and "as an especial compensation for the said advantages then the question will arise, What ought to be the course of the United States and for the favors they have acquired by the fourth, fifth, and sixth articles under the circumstances?" of this treaty the United States guarantee positively and efficaciously to New They answered their own question by saying: Granada by the present stipulation the perfect neutrality of the before- "After we shall have offered Spain a price for Cuba far beyond its present mentioned Isthmus, with the view that the transit from one sea to the other value, and this shall have been refused, * * * then by every law·. human may not be interrupted or embarrassed in any future time while this treaty and divine,· we shall be justified in wresting it from Spain, if we have the . ' exists. and inconsequence the United States also guarantee in the same man- power." · . - . · ner the rights of sovereignty and property which New Granada has and pos- This immoral declaration was justly condemned at the time and by none sesses over the said territory." - . more distinctly than by the Republican pP.rty, which in its national platform Construing the language fairly, New Granada warrants to the United in 1856 asserted the true doctrme in these words: States thattravelacrosstheisthmusshall not be interrupted, and the United "The highwayman's plea that' might makes right,' embodied in the Os States warrants toNew Granada her rights of sovereignty and property over tend circular, was in every respect unworthy of American diplomacy, and the Isthmus. would bring shame and dishonor upon any government or people that gave · The agreement of New Granada bound her to prevent any interference by it their sanction.'' her citizens with travel across the Isthmus, and the agreement of the United We have·also a statement of the true American position from President States bound her to defend the sovereignty of New Granada. If either party Roosevelt. who, in his message to Congress in lOOJ, said: failed to keep its engagement a claim for damages would arise in favor of "No indepEmdent nation in America need have the slightest fear of agP.es- . the other, and this was the clear understanding of the parties, as is shown by .sion from the United States. It behooves each one to maintain order Within this provision of the treaty: its own bordin·s and to discharge its ju..<>t obligations to foreigners. When "If, unfortunately, any of the articles contained in this treaty should be this is done, be they strong or weak, they have nothing to di·ead from out violated or infringed in an-y way whatever it is expressly stipulated that side interference." neither of the two contracting :parties shail ordain or authorize acts of re- Surely there is nothing in these words to indicate that a nation whose sov prisal, nor shall declare war agalllSt the other on complaints of injuries or ereignty we had expressly guaranteed was in a less favorable position than damages, until the said party considering itself offended shall have laid be- other American nations. · fore the other a statement of such injuries or damages, verified blcompetent 1 These precedents show wha~ we had considered our obligations to Co 1om proofs, demanding justice and satisfaction, and the same shal have been bia under the treaty of 1&!6, and how aggression on a weak power was re denied." garded by the Republican party at its birth and by its present official chief, . New Granada, in a word, agreed to protect travelers across the Isthmus while we may recall the peaceful declaration of Secretary Hay that our con ·against interference, and to pay damages· in case she failed. It was clearly duct to other nations is regulated "by the Monroe doctrine and the Golden her duty, and therefore her right, to use a.ll force necessary for the pur- Rule." pose. In consideration of this the United States agreed to help New Granada Let us now compare these a•owed principles with the recent action of our ·and not to act against her. It is impossible to torture language so as to find Governm{lnt. Within the dominions of Colombia lies the half-finished Pan in the treaty any right on our part to prevent her keeping order and pro- ama Canal, begun under a concession from that Government to a French tecting tra•el on her own territory, especially in the face of our" positive" company. This conr.ession, in tBrms provided that the company might and 'efficacious" guaranty of her sovereignty. transfer it to another company or individuals, but "not to any foreign na- Suc~ langua~e can not .mean "If any of yo~ subjects revolt, and so tion or gover~ent." Th~ wa.s a ~easonaple condition, as no nation could seem likely to mterfere Wlth travel, we, the Uruted States, shall have the afford to adnnt another natwn mto Its terntory as the owner of such a canal :right to help them and prevent your asserting your sovereign rights against without a very distinct understanding as to the respective rights of e~ch . them." The French company became involved, and finally, after much negotiation, This construction of the treaty is supported by the language of the next the United States agreed to buy its rights for $40,000,COO, but in order to go on treaty, made in 1857, which was a convention negotiated for the purpose of with the work it wa.s necessary to reach some agrooment with Colombia. adjusting claims made by Americans for losses caused by a riot at Panama. Colombia was enjoying from the transisthmian railroad an income of about The first article of this treaty uses this language: "All claims on the part 600,000, which was an important part of her revenues. Her two cities of Pan of * * * citizens of the United States upon the Government of New Gra- am.a and Colon owe their prosperity to the fact that they are the termini of nada, * * * and especially those for damages which were caused by the steamshi:p lines, where goods and passengers are em barked and disembarked riot at Panama on the 15th of Avril 1856, for which the said Government of for transit from ocean to ocean. When the canal is built they become wav New Grenada acknowledges its 1ia.bility arising out of its privilege and obli- stations by which steamers will sail, taking from them perhaps some small ga.tion to preserve peace and order along the transit route." supplies, but otherwise contributing little or no busine ~ s to their citizens. This shows where the dut-y and of course the right to deal with insnrrec- Colombia, therefore, had a right to some compensation for the loss which tion was then thought to reside by so aggressive an American as Lewis Cass, she would probably sustain from the building of the canal, and it was vital then Secretary of State. · to her that the relations between her Government, as sovereign over the ter- On April30, 1866, Secretary Seward wrote to our minister at Bogota: "The ritory, and the United States, as the owner of the canal, should be defined United States desire nothing else, nothing better, and nothing more in regard clearly and satisfactorily. A great power is a dangerous subject of a weaker to the State of Colombia than the enjoyment on their part of eomplete and ab- nation. solute sovereignty and independence. If those_great interests shall ever be The Hay-Herran treaty was an attempt to reach a sati factory agreement ' assailed by any power at home or abroad, the United States will be ready on all these points, but it was rejected by the Colombian legislature, as our cooperating with the Government and their ally, to maintain and defend Senate rejected the Hay-Pauncefote treatv and the many other treaties them." which are buried in that'' graveyard of treaties." A conspi0uous case was the On October 27, 1873, Secretary Fish said in an official dispatch to Mr. Keeler, rejection of the Johnson-Clarendon treaty for the settlement of the Alaban~a referring to the provision under discussion: claims, which was given but a scant consideration because we could not pre- "This engagement, however, has never been acknowledged to embrace the sent such large claims under it as we though should be presented. duty of protecting the road across it from the violence of local factions. AI- _ The Colombian Senate acted strictly within its rights, and we have no though such prot~tion was. of late efficiently given by the f<;>rce under the more right t? abuse the citizens of that Republic or their representatives be command of AdmiralAlmy, It appears to have been granted With the consent cause they did so than England had to abuse us for endangering the peace and at the instance of the local authorities. It is, however, regarded as the between two great nations by rejecting the Johnson-Clarendon treaty, or undoubted duty of the Colombian Government to protect the road against than any man hast{) denounce another for refusing to sell his property at the attacks from local insurgents. The discharge of this duty will be iilsi.sted price which the first wishes to pay for it. As a matter of fact, the provi!ions upon." regulating ths jurisdiction of Colombia over the canal were very unsatisfac- Secretary Bayard thus stated our position: . tory. It is-from Harper's Weekly that I quote the following: "On several occasions the Government of the Uni~ States, at the instance •· The Hay-Herran treaty wa.s unsatisfactory on these grounds: First. the and always with the assent of Colombia, has, in times of civil tumult, sent its lease was not perpetual, but renewable at long interv-als; secondly~ the canal armed forces to the Isth:J?.US of ~a~'l.l!la to preserve American citizens RD;d zone leased was~ n!lrrow; thirdly, a conflict of j~?-sdiction within the ca. property along the transit from InJuries which the Government of Colombia nal zone seemed meVItable by reason of the comple::nty of the provisions of might at the time be unable to prevent. But in taking such steps this Gov- the convention." ernnumt has always recognized the sovereignty ahd obligation of Colombia Is it necessary to assume that the Colombians were actuated only by base in the p~em~s, and has never acknov:Iedged, but, <,>n the. contrary, ~ e?'- mo~ives ~refusing: to admit their powerful and not too careful neighbor into pressly disclarmed, the duty of protectmg the transit agalllSt domestic diS- the1.r territory until this complexity was removed? When a supporter of the turbance." . - President's policy thus describes the rejected treaty, it is safe to infer that President Cleveland in his annual messaJ;e of December, 1885, spoke thus: the Senate of Colombia could gi•ejood reasons for refusing to accept it. "Emergencies growing out of civil warm the United States of Colombia With any powerful nation we shoul have begun fresh negotiations; but Co demanded of the Government at the beginning of this Administration the lombia was weak, and a different course suggested itself to our rulers. XXXVTII-134 • '2130 CONGRESSIONAL REO.ORD- SENA"TE. FEBRUARY 20, Let me state it in the words whicb President "Roosevelt intended to use in Colombian troops withdrew to a. hill outside while their colonel sent a mes his annual message to Congress: senger to Panama., who was to return on the 5th. Hubbard occupied Colon "It seems evident that in a matter such as this we should finally decide on the 5th, and the Colombian troops were confronted oy our marines, ana 'Which is the best route; and·if the advantages of this route over any other on the afternoon of the 5th, Teports Captain Hubbard, their colonel "was possible 1·oute are sufficiently marked we should then give notice that we finally persuaded to embark * * * and return to the Cartagena." can no longer submit to trifling or insinaere dealing on the part of those Now let us compare the language of Secretary Hay: "They prepared the whom the-accident of position has placed in temporar¥ control of the ground machinery of revolution in advance. * * * They accomplished their in· through which the route must pas ; that if they will come to agreement dependence. * * * A part of the Colombio.n -forces joined the revolution; with us in snraightforward fashion -we shall in return act not only with ~us the rest returned to Colombia." . tice, but with generosity, and that if they fail to come to such agreement The machinery of 1·evolution was on board onr gunboats. It was our with us we must forthwith take the matt~r into our own hands." forces that accomplished the independence of Panama. We can not doubt Can anyo!le point out the difference between this doctrine and that of the for a moment that Dr. Manuel Amador spoke the truth when he said in the Ostend manifesto? There our right to seize Cuba, if Spain refused to sell it, Independent last week: was placed upon "the law of self-preservation." The President would have "Of com"Se we expected that the United States would not let the Colom placed our right to take a canal zone on "snfficientlr.marked advanta~es" bian troops attack us." of -the Panama route over other routes. St>a.in s probable r.efusa1 to sell uuba Who gave him the right to expect this? was attributed to "stubborn J)ride and a ralse ense of honor." Colombia's What is the Government now called ''the new Republic?'' A self-constitu fed rejection of our offer was to be treated M 'trilling or insincere dealing.' junta of three men . . Who is their re.Presentative m Washington? A French In both cases we were to take by force what the owner r efused to sell at a engineer connected with the French canal company, appointed by the three. pric fixed by us wJ:lich, in our own opinion, was just and generous. They have-no courts, no constitution;no frame of government, no 1egislature, While the .Administration was in this mood occurred what Mr.1Iay calls no evidence of popular assent. "the sudden and startling events which have so recently attracted the at "So far as we are able to 'judge, the new Republic," says Secretary Hay, tention of this country and of-th~ world." "begins its ca1·oor with no organized opposition throughout the entire extent . His account of these eventB .may be quol;ed from his statement to the coun of tlie Isthmus." try made on November 7. T.he people of Panama, he t~lls us, " went to work WhY/ Because the United States withstood the forces of the Go-vernment 'With that talent for p1·ompt and secret organization to which there is no forbade them to fire, and forced them to leave the Isthmus. The organized parallel among people of Northern blood. They prepared the maahinery of opposition of the Colombian Government was paralyzed by our superior revolution in advance, and suddenly in a single d~.ty, without the firing of a force. It takes a few days to organize a new opposition. The insurrection shot-with the exception of a few sh~ that were thrown into the city from began on the night o.f the 3d. Becretary Hay's statement was issued on the 7th. a Colombian steamer in the harbor of :Panama-they accomplished their in That opposition exists, and the reason why it is not organized may be dependence. A government, consisting of the leading citizens of -the State, gathered f1·om the news brought by passengers on the .AUianee from Colon .was at once organized and proclaimed to the world. A p!!rt of the Colom and telegraphed from New York on December·l. uianforces joined the revolution; -the rest returned to Colombia; and, so far ' It was denied that the prisons were filled with political prisoners, but as we are able to judge, the new Republic be_~ins its career with no organized about 130 persons ill all, it was said, were deported for showing discontent." opposition throughout the entire ex.tsnt of t.ne Isthmus." A government of three men has already banished one hundred and thirty There is no word in all this t{) indicate that thisTevolution was not as sud for showing discontent, and this arbitrary junta is called a republic. Surely den and startling to him as to the country, or that the success of the revolu these men do not feel very secure of their fellow-citizens or they could afford -tion wa£ in anyway due to the United States. to neglect a few malcontents. With the forces of the United States behind He proceeds: "The com"Se of the President in this conjunction was marked the junta their fellow-citizens can .not resist them if they would. out in advance by our principles and precedents. He.gave ot·ders that traffic On the 5th the United States received from Panama a formal announce from one side of the Isthmus to the other should be kept unimpeded b_y either ment, si!r];ed by the three persons callin_g themselves a junta, that the Re party, and charged our officers in the Isthmus to use their utmost inftuence" public of. Panama was established. (and "inftuence" is a ~leasant, peaceful word) ''to _prevent any attack by one On the 6th the new Government of .Panama is recognized. Thus reads the of-the contending factions upon the otherwhichwonld be calculated to cause a aispatch of·that date to om· minister at Bogota: disturbance of traffic. When it was 1·eported to him that a government capa ''The pe::>ple of Panama havin~, by an apparentlyunanimons movement, ble of maintaining order had been established and was working without op dissolved their political connection ith the ·Republic of Colombia and re position,"he did whitt wasalways done under such circumstances. He directed .aum.ed their independence, and having adopted a Government of their own, our r epresentative at Panamabas soon as he was certain that a government republican in form." capable of maintaining the pu lie peace had been e tablished by the consent Since when was a self-elected junta of -three, supported by foreign bayo of the people, that he-wa ·to enter into official relations with it. He a1so di nets against their lawful rulers, not elected by th~ people, and with absolute rected our mmister at Bogota -to infm·m the Colombian GoTernment that we power unfettered by constitutional restraint, a ~overnment "republican in had entered into relations with the new provisional Government of .Panama." form?" What did our Government know as to tne sentiments of the people We may note in passing that our representative was instructed to enter of Panama in less than two days ¥tar this junta had seized the powert into relations with the new Government when'he became satisfied of certain On the 27th of .Novem beT the commissioners from the junta eent to nego -thin~ , but-the Administration did not wait for nis report on this question~ tiate a new treat-y- reached this country. The treaty was ready for them and rmm.ediately informed the Government of Colombia that relat10ns hau when they reached Washington, and it was negotiated, signed, and sealed actually been established with the new State. between lunch and dinner. Its first a.rtwle is as follows: Now, what were the facts? "The 'United States guarantoos and agroos to maintain the independence The insurrection broke out late in the evening of NovemberS. of the Republic of Panama." On June 9 Mr. Hay cabled om· minister at Bogota: ".If Colombia should Its second article cedes to the United States a strip of land across the now reject the treaty or unduly delay its ratification the friendly under Isthmus. standing between the two countries would be so seriously compromised that Th~ treaty is sent to the junta for ratification. The 'SlO,OOO,OOO which Co action might bo taken by the Congress next winter which ev.ery friend of lombia rejected is now to oe paid to Panama, and on December 2 the junta Colombia would regret." ratifies the treaty. On October 24: the cruiser Dixie was ordered to put to sea at once with 400 All this has b9en done against the prote t of Colombia, prevented by the marines in addition to her regular crew, and it was reported that she was forces of the United States from quelling the revolt at once, and now noti sent to Guantanamo, but, in fact, she went to Colon. fied that the United States will resist any attempt by it to assert that sov On Novemoor 2 the Navy Department cabled to the commander of the ereignty which the Unitea States by solemn treaty agreed "practically and JYasl!ville at Colon; efficaciously" to maintain. "Maintain free and uninterrupted transit. If interruption threatened by These facts are undisputed. %ey appear by official documents. It is not armed force, occupy the line of railroad, prevent landing of any armed force necessary to point out that the revolution was hatched in New York. It is wit.h hostile intent, either Government or insurgent, either at Colon, Porto not necessary to inquire whether the revolutionists consulted Mr. Hay in .Bello, or other points." Septemoor, informed him that the outbreak was ''scheduled to take place on The same orders were sent to the commanders of the Boston and Dixie, September 23," and were advised to postpone it, as is stated in the New York . While to Admiral Glass atAcapulcowassentthe following: -papers. We know that the plan was known to om· authorities in advance; ''Proceed with all possible dispatch to Panama. "Telegraph in cipher your that they prepared to aid the revolutionists by force; that they did so, and departure. Maintain free and uninterrupted -transit. If interruption is that to tneir mterposition the success of the re-volution is due. threatenedb~ armed force, occupy the line. Prevent landing of any armed It is clear that our action is in distinct violation of onr solemn treaty. Its force, either Government or insurgent, with hostile intent, at any point within language is plain, and the obvious interpratationof thatlanguageissustained 50 miles of Panama. If doubtful as to the intent of any armed force, occupy by Olll' action under previous Administrations. Ancon Hill strongly with artillery. If the Wyoming would d~lay Concord or It is clear that if there had been no tre:1ty,our action would have been in Marblehead, her disposition must be left to yom· ·discretion. Government flagrant violation of international law. Our mere recognition of the new force reJ?artedawroaching the Isthmus in vessels. Prevent their landing, if Government as and when it was made was unj nstifted. in yolll' JUdgment landing would precipitate a conftict." To quote throo authorities: John Quincy Adams, in dealing with the ques These orders were given to a force whichnad boon gathered at and near ·tion of recognizin~ the SonthAmerican republic , said to President Monroe: the Isthmus before any insurrection had occlll'red. "There is a stage m such contests when recognition of independence may be On the next day, November 3, at 3.40 p.m., the Assistant Secretary of granted without departure from the obligations of neutrality. It is the stage State Mr. Loomis, sent to our consul at Panama this dispatch: when independence is establisheil as a matter of fact, so as to le..·we the "Uprising on Isthmus reported. Keep Department promptly and fully chances of the opposite party to recover their dominion utterly desperate." inf01·med." Charles Sumner, in an elaborate speech on the action of England in recog At 8.15 on the same day the consul replied; "No uprising yet. Reported nizing the Southern Confederacy as a belligerent, after a careful review of the -will bs to-ni.ght. Situation is critical." p1·ecedents said: · About an hour and a half later the revolution occurred, and the Depart "The cohclusion, then, is clear. To justify recognition it must appear ment was informed of the "sudden and startling event" for which the Gov beyond doubt that de facto the contestis :finished and that de facto the new ernment had made such complete prep:1rntions in advance. .gove1·nment is est.:iblished secure within fixed limits. The are conditions On the night of November 2,1003, Captain Hubbard, of the Nashville re precedent, not to be avoided without open offense to a friendll power and ports that he allowed four or five hundred Colombian troops to land at Colon, open violation of that international law which is the guardian o the world's not feeling justified in prevent~ them, as the insm·:rection had not broken out, though he knew it was immment, for he telegraphed on November 3 to pe~A;med recognition is simplyTecognition by coercion. It is a belligerent the Nayy Department: "It is possible that movement m{ty be made at act, constituting war, and can be vindicated only as war. * * * But an at Panama to-night to decln.re independence." At 8.20 p. m . on the 3d the land tempt, under gu:ise of recognition, to coerce the dismemberment or partition ing of these troops was reported to the State Department. At .45 p. m. the of a country is in its nature offensive bevond ordinary war." Department replied: "The troops which landed from the Ca1·tagena should In his..m.essage of Aprilll, 1898, Mr. McKinley, seeking to justify his refusal -not ~roceed to Panama." An hour later came the first news of the insur- to recognize the independence of Cuba said: TectlOn. . "They are evidences that the Unit~ States, in additiontothetestimposed The Colombian generals in command went to Panama on November 3 and by public law as the condition of the recognition of independence by a neutral were seized when the revolution began. "Ex.ce~t to a few people" nothing state---to wit, thlrl the revolted state shall 'constitute m fact a body politic, ·:was known of this in Colon till the morning tram arrived from Panama on havingago-vernmentmsubstance as well as in name, possessed of the Ellements -the 4th; but on the 3d Captain Hubbard went ashore and learned what had of stability,' and forming de facto, 'if left to itself, a state among the nations happened and thlrl the Colombian generals wanted their troops sent across reasonably capable of discharging the duties of a state '-has imposed for its w Panama. On the 3d Claptam Hubbard -refused to aTiow this, and early on own governance in dealing with cases like these the further condition that "the 4th he ga-ve written notice that they could nut 'leave. On the afternoon recognition of independent statehood is not due to a revolted dependency of the 4th he ordered a force from the Nashville· ashore and took possession until the danger of its being subjugated by the parent state has entirely of the railroad station, so that the Colombian troops could not move. The passed away." . 1904. CONGRESSIONAL RECORD-SENATE. 2131 It 1s impossible to say that on November 6 the Government of Panama was Mr. MONEY. It will be just as convenient to me to speak after such a government as Mr. McKinley described, or that the danger of its be ing subjugated by Colombia. had passed away, when Colombia had har.dly the Senator has concluded. learned that an insurrection had occurred. Mr. SPOONER. I will yield to the Senator. As I understand Remember our denunciation of England's action during the civil war. him, he will not take much time. R-emember our repeated refusals to recognize Cuba, our long delay in re<>og .:Mr. :MONEY. I do not expect to speak long, but of course it nizing the South American republics, our ll;Ction toward t~~ T!3-nsvaal R~ public and the Orange Free State, our denml that the Philippme Republic is very difficult in speaking on a question of t.his sort to tell how existed, though it had legislature, courts, schools, and the devo~d St?-PP<:>rt long one may occupy the floor. It depends a great deal upon in ... of a whole people, and then tell me where are the precedents which JUStify the Administration's course. It is a gross violation of international law. It terruptions and other matters. is the doctrine of the Ostend manifesto adopted and put in force by the Gov The PRESIDENT pro tempore. The Senator from Mississippi ernment of the United States. It is war. will proceed. International law has no meaning if it does not bind the strong nation in its dealin~s with the weak if it is obeyed only when it is dangerous to dis Mr. MONEY. Mr. President, as I have just said, I have been obey it. That great system of jurisprudence bunt up by the labors of en unavoidably absent from this discussion, but from the bits of it lightened statesmen and jurists during centuries rests upon principles of . which I received from hearing the public prints read and parts of eternal justicE~, and if its rules can be set aside from motives of iz?.terest or ambition whenever a. great people or its rulers for the moment desire, there the RECORD, I know the discussion has been unusually rich in pro is no international law save "the highwayman s plea that 'might makes found and original study of the main question and those cognate r:ght.'" It should be the highest ambition of our great Republic to be a leader to it. I do not, therefore, expect to contribute anything to the among the peoples in scr"!lpulous regard f!Jr the rights 0( the weak rather than in the recklessexermse of overwhelming power at then· expense. literature of this discussion or to convince anyone by argument,· But we want the canal. That is true; but not at any cost. We want many and I am only speaking now in my own behalf that the people good things in this world. We should like to see'J)roperty more equally di whom I have the honor in part to represent may understand my vided. We should like to see land held by men who would use it best for the interests of all rather than by the shiftless and inefficient. We should like vote. to see criminals promptly punished. We should like to see men who have Mr. President I do not wish to be considered as factious in this plundered their neighbors compelled to disgorge their ill-gotten gains. We matter, nor too querulous, nor too critical, but I must take the should like to sea corrupt politicians driven from public life. But we do not b6lieve in securing these good things by lawless violence. We wish ours to liberty to deplore many of the incidents antecedent and relating be ''a Government of laws and not of men." We believe in courts, not in to the canal treaty. I do not believe that the Chief Executive of irresP.onsible despotism, and we refUEe to let the most honest reformer re this country has strictly followed the law, and he himself in his distn"t?ute our vrop.erty or punish our criminals as he~~ best. The cry ing evil of the time 1S the tendency of men to make the1r de Ires the standard message, by way of confession and avoidance, said he was aware for other men's duties, a!ld to consider their will backed by their hands a he had violated international law, but that he believed it was an substitute for law. It is not safe to let a strong man decide what is just to exceptional case. _ the weak. Such a doctrine means anarchy. Justice is the same for indi viduals and nations, and a great power has no more right to rob a weak one It is very well in a country whose institutions give an extraor than the prize-fighter has to plunder the minister. dinary power to its chief magistrate that he should at times sub The coU1'3e of the Administration is wrong legally and morally. stitute his single judgment or that of his council for the law of It violates at once the solemn obligations of a treaty and the well-settled rules of international law. It teaches the weaker republics of this helni the land; but in a cotmtry framed as ours, where the people are sphere to distrn&t and fear us and to adopt, perhaps, the l\Ie:rican proverb, supposed to govern it, and who have adopted a form of govern •· There is no such wolf as the shameless Yankee." It tarnishes the fair name ment prescribed in an instrument which they call a constitution, of this country among the nations of the world. It establishes a precedent which is sure m the future to embarrass us. It sets an unhappy example of it is exceedingly dangerous when the Chief Magistrate can at any. lawlessness to our citizens, already too prone to disregard the law at the dic time see fit to set aside a law and to substitute therefor his own tates of passion or interest. Far worse than all these, it lowers the moral judgment. st.'l.ndard of our whole people, since many just and honest men struggle to apologize for action which their consciences disapprove, and which, if taken It is dangerous for the Chief Executive to begin to think. The by Germany or England, they would indignantly condemn, either because thinking belongs to Congress. It is the great political depart: they confound their country with the politicians who repre entitand believe ment of the Government. It is to frame the laws which are to that patriotism compels them to defend whatever these politicians do, or be cause they feel bound to stand by their party, rightorwrong, and to put their receive the approval or not of the President; but the initiatory party above their country. movement in any matter of public policy or law should never be Hear the voice of a friendly English journal: undertaken by the Executi~e, except by suggestions, as the Con ''We regret exceedingly that President Roosevelt has allowed the fair name of his Administration to be smirched by a transaction so utterly at va stitution says, which he may make from time to time to the Con riance with the most elementary principles of public law and international gress. morality. We can not conceive a more lamentable outrage on the public We will take the situation as it was a few months ago. We conscience of the ciVIlized world." (London Graphic.) If you prefer American testimony, you may find it in the history of Mr. had failed in a treaty which we supposed gave us a reasonably Rhodes, where, speaking of the Ostend manifesto, he saiditssentiments were liberal concession. We had totally failed in the desire on this 11 abhorrent to justice and at war with the opinion of the civilized world." side of the Chamber to get a canal along the Nicaraguan route, Emerson has well stated the universal law: "The end for which man was made was not crime in any form; and a man which I and a great many others believe still to be the best route can not steal without incurring the penalties of the thief, though all the legis in every particular-the cheapest according to the estimates of latures vote that it is virtuous, and thou~h there be a general conspiracy the Canal Commissioners, the most healthful according to every among scholars and official persons to hola him up and to say, 'Nothing is good but stealing.'" authority, and the most easily built. However, we lost the It would be better for this country, for its teachers and its young scholars, Nicaragua Canal, and after doing what I could for it I united if we had taken the Isthmus by open force than it is to take it as it has b3en with the gentlemen on the other side in voting for the Isthmus taken, while pretending that our course is justified by international law and public morals. Robbeqr is wrong. but it lacks the element of mean hypoc of Panama Canal. risy which attends obtaming goods by false pretenses. Open robbery also is I wish to say that my recollection is that only a few Senators recognized as wrong and is condemned: but if crime is concealed by specious voted against that proposition in the whole Senate, and some of phrases it goes undetected. "The world is still deceived by ornament." It is not patriotic to defend such action. The true patriot must desire for those votes came from gentlemen who would not vote for a canal his country that "righteousness" which "exalteth a nation." May he not anywhere. So there were really very few, probably two or three, jealously guard her honor and treat as a public enemy him who would tar who opposed the Panama Canal bill as it passed. nish it? It is by such acts as this that a nation loses its greatest strength, the strength which our country once enjoyed and which comes from the respect We failed in ratification of the treaty at Bogota. It is a long and confidence of our fellow-men. We have the same right and the same story, which I shall not attempt to recount in the few minutes I . duty that the first Republican national convention exercised and discharged shall consume of the time of the Senate. A revolutionary general when it declared that the Ostend manifesto "was in every respect unworthy of American diplomacy, and would bring shame and dishonor upon any gov thera, uniformly.successful, had beaten the Federal troops of Pres ernment or people that gave it their sanction." ident Manoquin, and at last had defeated his army with great loss Let us strive to save our country from such shame and dishonor now by ·and slaughter and captm·ed 2,000 men, 15 generals, and all his vigorously protesting against the spoliation of Colombia, and let us urge our countrymen to believe that a deserved reputation for scrupulously regarding artillery and colors at the second battle of Agua Dulce, and it was the rights of others-a sincere belief in justice-is worth more than aU the rumored around this Capitol that the j~..np from $7 000,000 to dollars which can be piled upon our broad territory. $10,000,000 to go to Colombia was to buy the capitulation of that 1\fr. MONEY. Mr. President, I understand that it is the right revolutionary army, in order that there might be no oppo3ing of the Senator from Wisconsin to close the debate. As I have force in Colombia when they came to the time to ratify this treaty. necessarily, on account of very distressing and prolonged sickness These are things that are not necessary, perhaps, to be repeated in my family, been unable to attend the meetings of the Senate, at all, but they bring u:; on down to the time when the Congress I will ask if he will yield to me for a little while in order that I at Bogota declined to ratify, for reasons good, bad, or indifferent. may state my views very briefly upon the pending measure and But the question was whether they did or not, and they did not my reasons for my vote thereon. ratify. 1\fr. SPOONER. The Senator from Mississippi is resting under According to the Spooner law the President was then author a misapprehension as to my right to close the debate or as to its ized or instructed to go to Nicaragua and Costa Ri9a and renew . being my purpose at all to clo e the debate. I must finish- negotiations according to the protocol which we had with those Mr. MONEY. I thought there was S3me agreement of that countries, and probably elsewhere, if he saw fit giving him a rea sort. Of course, then, I will not ask the Senator to yield. sonable time to perfect arrangements with Colombia. Mr. SPOONER. No, wait a moment. I am distressingly anx When a country has rejected a treaty we suppose that the ious to finish at as early an hom· as possible what I have to say, "reasonable time " has expired, for there is nothing to do beyond but I can not decline to yield to the Senator under the circum that, and the time arrived for negotiating with the ot.her coun stances, and I therefore do yield to him, tries named in the law, There is no necessity to wait, as it is vEry .. 2132 CONGRESSIONAL. REO.ORD-SENATE. FEBRUARY 20, difficult to say that anybody could have reliable information that the respon ibility-of violating international law generally by an the government which has rejected a treaty is c people of a. country as to what they have to say. We do not deal negotiating a treaty has: seen fit t.o make this one with us, and as with the pe0ple; we deal with the government, and'nothing else. we coiild.not under·any.circumstan:ces ever· get a I>etter one, then. That Government had just as much right to cont:ract, as soon as· ram for taking tlii .. ._. it-was acknowledge({ de. facto; as it ever will have or. as Great I do-not mean to say that I prefer the Panama route to· the Britain has, Nicaragua route·,. for I do not. In the first place, this canal runs A new tl' _jaty for a canal lias been negotiaterr, and it is before through the deadliest zone in the world. It is only equaled by us .for ratifi.eathm. Whatever I may think of the proceedings in- the mangrove swamps-of westerrr..Africa. It. is said. that every~ cident to that treaty, whatever opinion I may·hold of· the conduct single cross-tie in the Panama railroad· has cost a hmnau li.fe. of the Exe say, so far as the world i3 concerned, that it would be a very South American Republic, her neighbor, it is easy to be believed happy event if the Senate could pcll a unanimous vote on this that but for the influence of our promised protection the Isthmus question. of Panama would have passed to another South American nation Mr. SPOONER. I am mainly anxious, Mr. President, to con years ago. clude as rapidly as maybe the speech which I began on Thursday Mr. President, what was our contract? It has been assumed in last under unusually depressing circumstances. this debate that the President has violated the obligation of this I think the legislatm·e of Mississippi furnished adequate evi Government by what has been done by the United States on the dence of intelligence and wisdom by reel~cting my friend [Mr. Isthmus. I deny it. There is no obligation resting upon this MoNEY] who has just addressed the Senate, and I think we may Government under Article :XXXV except to intervene there for assume, without any difficulty, that they were well advised upon the maintenance of neutrality and the protection of the rights of this subject when they passed the resolution through both branches sovereignty and of property of New Granada and her successor, requesting their Senators to vote for the ratification of this treaty. the Government of Colombia, as against invasion by foreign I do not care, Mr. President, at this time to advert to the speech powers. which the Senator from Alabama [Mr. MoRGAN] delivered to-day. That proposition would need no support in authority, because it When the bitterness of this time shall have passed, I venture the is absolutely impossible, unless the language were so explicit as prophecy that the Senator from Alabama, perusing it, will find to permit no escape from the conclusion, to impute to the United something in it to regret. Portions of it illustrate pointedly the States an obligation to maintain order for Colombia among her truth of the proposition that excess of suspicion is as incompati own people on that Isthmus. That is what Colombia bound her ble with sound judgment as is excess of credulity. self to do. That was a unilateral contract on the part of Colom When I surrendered the floor on Thursday I was dealing with bia, and in consideration of that came our obligation to stand Article XXXV of the treaty of 1846, which is substantially the between her and foreign aggression. heart of all the controversy which has arisen or can arise over this Nor is that all. Colombia has made various demands upon the treaty outside, perhaps, of what may be said as to the terms of United States dming these fifty-seven years, based now upon one the instrument itself. construction and then upon another of Article XXXV, so far as it I had called attention to the fact-and I do not intend to repeat relates to our duty-constructions which sometimes took no ac that it was perfectly clear from the exposition of motives confi count of the language and which found origin only in the necessi dentially communicated to this Government at that time by Mal ties for the time being of Colombia. First, Colombia claimed as larino, the foreign minister of New Granada, that the main pur long ago as 1865, when an expedition from Cauca, one of the States pose of the treaty was Article :XXXV, and that in the statement of the New Granadian Confederacy, was fitted out to invade the of compensation the provisions or references to articles of the Isthmus of Panama, th::j>t she was entitled under this treaty to call treaty relating to customs, to reciprocity, to commerce were-sim upon the-United States, as if Cauca were a foreign power, to pre ply a cover for the dual obligations of Article XXXV. vent that invasion. New Granada guaranteed to the United States: The Secretary of State, Mr. Seward, in a letter to Mr. Burton. The right of way or transit across the Isthmus of Panama upoa any modes under date of November 9, 1865, announced our construction of of communication that now exist or may be hereafter constructed. the treaty as follows: DEPART::llE~T OF STATE, And that it should be free and open to the Government of the Washington, November 9, 1865. United States, as well as to the citizens of the United States. The question which has recently arisen under the thirty-fifth article of the That, I contended, and contend, is both a grant by a sovereign treaty with New Granada as to the obligation of this Government to comply with a. requisition of the President of the United States of Colombia for a grantor and a guaranty by the sovereign grantor to keep it good. force to protect the Isthmus of Panama. from invasion by a body of insur No man in his senses, Mr. President: can impute to the United gents of that country has been submitted to the consideration of the Attor States a willingness to make the guaranty which, in considera ney-General. His opinion is that neither the text nor the spirit of tho stipu lation in that article, by which the United States engages to preserve the tion of that grant, this Government made for any mere commer neutrality of the Isthmus of Panama, imposes an obligation on this Govern cial privileges with New Granada. ment to comply with a requisition like that referred to. I called the attention of the Senate to the fact that we engaged The purpose of the stipulation was to guarantee the Isthmus against seiz ure or invasion by a foreign power only. It could not have been contem as a government to efficaciously maintain during the life of this plated that we w~re to become a. party to any civil war in that country by treaty the perfect neutrality of the Isthmus and the rights of sov defending the Isthmus against another party. As it mav be presumed, how ereignty and property of New Granada in the whole Isthmus. ever that our object in entering into such a stipulation was to secure the freedom of transit across the Isthmus, if that freedom should be endangered Why? " With the view that the free transit from the one to the or obsb·ucted, the employment of force on our part to prevent this would be other sea may not be inter?'Upted or embarrassed in any future time a. quE>stion of grave expediency to be determined by circumstances. * * * while this treaty exists." WILLIAM H. SEWARD. That means that if any foreign government-a South American Many, many times when there bas been trouble on the Isthmus ' republic or a government across the sea-invaded the Isthmus of of Panama-and there has been trouble there only fifty-three times Panama this Government stood in honor bound to send there its in fifty-seven years-Colombia has called upon the United States war ships and its soldiers to fight in order to keep good this gov for help upon the theory that we were bound by this article even ernmental pledge. to suppress riots there among her own -people. They barbarously Right here, Mr. President, it may be truthfully said that while the United State has not been called upon to protect Colombia murdered once a large number of Americans in transit there for money-robbery; and once, 1\Ir. President~ so variable, so utterly ugainst actual foreign invasion of the Isthmus the obligation absm·d, so ignorant and undignified in the treatment of this article which she assumed by Article XXXV of the treaty of 1846 to do have they been that when a popular consul of the United States died so has been of incalculable benefit to Colombia. at Panama and the commander of our war ship sent a band of It was said by Mr. Fish, in a note to the Colombian minister of music unarmed, with a platoon of marines with guns charged May 27, 1871: with blank cartridges, to attend his obsequies, Colombia protested A principal object of New Granada in entering into the treaty is under stood to have been to maintain her sovereignty over the Isthmus of Pa?-ama against it as an attack upon her sovereignty, permission not hav against any attack from abroad. That obJect has be.en fully accomplished. ing been obtained; and her officials withheld their presence from No such attack has taken place, though this Department has reason to be the funeral. lieve that one has upon several occasions been threatene~ but has been averted by warning from this Government as to its obligations under the Early in 1866 this was declared by Colombia to be the measure • treaty. of our obligations under Article XXXV of the treaty of 1846: In January, 1885, Colombia appealed to the United States to As to the interposition due from the Government of the United States by avert hostilities with which she believed herself to be menaced by the treaty existing between the two nations in the event that an insurrection by armed force should take place on the Isthmus for the purpose of· segregat the Government of Italy over the Cerruti case, and this Govern ing it from the Union, the Government of Colombia understands that, if such ment through Mr. Bayard suggested to Italy the- a movement should be effected with the view of making that section of the serious concern which it could not but feel were a European power to resort Republic independent and attaching it to any other foreign nation or power to force against a sister republic of this hemisphere as to the sovereign and tha~ is to say, ::m ~rder to transfer by any mea~ whatever the s9vereignty uninterrupted use of a. part of whose territory we are guarantors under the which Colombm JUStly possess~ over that tel!1tory to any foreign nation solemn faith of a tt·ea.ty. or power whatever-the case will then have arlSen when the United States of America, in fulfillment of their obligation contracted by the thirty-fifth The mere fact that this great Republic, which observes its article of the treaty existing between the two Republics shoul ever, has never been acknowledged to embrace the du..ty of protecting t.a.e which we incurred an onerous obligation, vested in us a right of road across it from the violence of local factions; but itisregarded as the un doubted d·uty of the Colombian Government to protect it agai:ut attacks from unobstructed passage across the Isthmus, and if Colombia failed local insurgents. in her guaranty to afford it to us we had a right to maintain it You are consequently requested to address a representation upon this sub ourselves. ject to the Colombian minister for foreign affairs, and to ask that a sujficient If force be kept on the Isthrnus to deter attacks upon tke 1·oad, its officers, or my friend from illinois [Mr. COLLoM] grants to me a right sen.· ant.~ . of passage across his farm or his lot, and I am interfered with by I can understand from the character of the Colombian admin intruders in its rightful use, I may employ such force as is neces istration how that Government can put forth inconsistent con sary to enable me to exercise the granted right. structions of Article XXXV and demand of us, under penalty of And when Colombia so far derogated from her sovereignty as injury to life and property of Americans and interruption of the to grant to this Government for itself and its citizens a right of transit on the Isthmus, assistance which we are under no obliga way or transit across the Isthmus from sea to sea, pledging her tion to render, but I confess my surprise that SenatOTS are able power as a sovereign to maintain it, in exchange for a govern to find in the language of the treaty, against the long-contin mental obligation upon our part to maintain, in order to secure ued construction placed upon it by distinguished men who have the tranquil enjoyment of the granted right without obstruction been called UJ>On to act under it, an obligation on the part of the or l:lmbarrassment, perfect neutrality on the Isthmus and the United States, upon the request of Colombia or without it, to rights of sovereignty and property of Colombia on the Isthmus maintain order on the Isthmus between contending factions of against all foreign nations, there inhered in the grant the right to that Republic. Colombia~ as late as 1881, in the most solemn way utilize it, and to use the necessary power to that end, except as repudiated any such construction. She then proposed to Mr. against the Government of Colombia herself. Had she attempted Evart , Secretary of State a protocol of construction of Article to prevent its use by us-in other words, to obstruct it as against XXXV, which defined, as she asserted it, the true construction of us-a different status would have arisen. the article, as follows: Second. Independent of the treaty the United States has pos se sed, of course, a right to protect the lives and property of Second. (a) Concerning the neutrality of and sovereignty of Colombia over the territory called the ''Isthmus of Panama," guaranteed by the United American citizens, Colombia failing so to do, on the Isthmus. States of America, according to the paragraph and article cited .from the I utterly repudiate the notion which seems to be entertained treaty of 1846, it is understood that said territo}'y is the same as is now em here that under no circumstances might we rightfully protect the braced by the State of Panama. in the Colombian Union, and th:l.tth9 neutral ity and sovereignty guaranteed applies to the whole extent of said territory transit and other American interests without the preliminary re (b) The guaranty of neutrality consists in that the United States of quest of Colombia. or her permission. To say that the United America will prevent by all adequate means, includ.ing that of mak:in"' them States Government solemnly entered into the obligation to be by salve belligerants as allies of the United States oi Colombia, that sai~ terri tory be made the theater oi ho3tillties by any foreign power; or if it shall it performed under Article XXXV, involving an expenditure of have taken place the same not having been opportunely prevented, the unknown millions of money and the lives of its soldiers and ma United St..'l.tes of ~erica. will comet<> the defense while sa1d hostilities con rines, in consideration of a grant of right of way for itself and tinue and compel the resp0118ible (respective) J.X>Wer to make due reparation. (c) The guaranty of sovereignty consists m that the United States of citizens across the Isthmus, and is not, under any circumstances, .America. will prevent.by all necessary means, including the use of force, that permitted to protect that right of way, its citizens, and an Ameri the territory referred to be made the object of conquest or usurpation, or of can corporation in the enjoyment of its property without first invidious steps tending to separate it from the Colombian Union by any for eign power or unauthorized p1-ivate expeditions. obtaining the request of Colombia would give us at the option of Colombia in exchange for our obligation nothing. ltir. Evarts declined to agree to this protocol, not challeng ing the correctness of the construction, which was in harmony OPERATIONS ON ISTHMUS Ul\"'".DER ARTICLE XXXV. with our own (except as to the words "or unauthorized private I have thought since I began to study the history of the ad eXJ>editions" which phrase would itself require construction), ministration of Article XXXV that the obvious necessity for us upon the ground that the article was plain and that this Govern to intervene to protect the transit and American interests and ment was unwilling either to enlarge it or to diminish it. the certainty that we would do so has rendered Colombia quite Recently Colombia, consistent in her inconsistency, asserts indifferent to the seasonable and honest discharge of her own practically a new demand UJ>On the United States, through Gen guaranty and grant of right of way or transit. eral Reyes, her special envoy, who says, in his correspondence Mr. President, I hold in my hand Senate Document 143 of this with Secretary Hay: session, which contains the history, from the standpoint of the It may be said that the power of the United States is for the time being State and Nayy Departments, of the administration of Article limitless, not only by reason of its laws and its resources of every kind, but XXXV by Colombia and the United States dm·ing the life of the also on account of the respect with which its greatness inspires the world. treaty. Colon and Panama and the transit line across the Isth But in order to deal justly with a. weak country this circumstance should be taken into account--that, in stipulating to guarantee "theJJerfect neutral mus have been the home of revolution, riot, and all sorts of dis ity and property of the Isthmus," it could not be supposed that the words order. Fifty-three times in fifty-seven years there have been "neutrality" and "property" could ba given any other interpretation than riots, insurrection, attempted revolution, and other public disor the technical one they have. If, by a coup de main, the revolutimrists have snatched from Colombia the der. As early as May 22, 1850, the record is, "Outbreak; two property of ilie Isthmus, it seems natural that the United States, in view of Americans killed. War vessel to quell outbreak." I will incor the aforesaid stipulation, should return the property to its legitimate owner. porate in the appendix to my remarks this list, only partial, taken It doe not seem right to give the word "neutrality" the interpretation that, by its application, the acts of the revolutionists shall be left free, because, from the President's message of December 7, 1903. among other I'aasons, the stipulation conta¥ted in the thirty-fifth article I can not, of course, go through this administratiye history, above quoted excepts no case. but I state accurately that it demonstrates two things: I am utterly unable to find in the language of the treaty ground Fh·st, that Colombia has violated this treaty systematically for dissent n·om the construction placed upon it by Mr. Seward, from the beginning by failing to maintain the transit; that she Attorney-General Speed, Mr. Fish, Mr. Evarts, and several times has frequently notified us of her inability to do so, and frequently in the most formal way by Colombia herself through her officials, demanded of us that we discharge, by protecting the transit and that is to say, an obligation to maintain perfect neutrality on the maintaining order on the Isthmus, an obligation which was en whole I thmus, and the rights of sovereignty and proJ>erty as tirely her own, and which we had not as a government entered against governments foreign to Colombia. into. It is clear to me that Mr. Fish was absolutely correct that under Second, that from beginning to end the heart of the Isthmus the treaty it was an essential and vital part of the guaranty of is Colon, Panama, and the line of railway transit and canal con Colombia that she should at all times maintain a garrison at Pan struction. These two ports and this line of transit have been the ama and Colon adequate to repress insurrections and disturbances theater of substantially all the fighting and disorder. As far back which involved the freedom of transit. In this view we have rested as 1856 this Government was obliged to land troops from the Inde under no obligation at any time to land marines upon the Isth pendence and St. Ma1'1J'S at the railroad station, and did land 160 mus upon the request of Colombia to suppress disorder and vio men n·om both ships~ occupying the station with a field piece. The lence among her own citizens. We would have violated no treaty following year martial law was proclaimed at Panama, the city was duty if we had refused upon such a request to do so, but we have assaulted by insurgents, and a guard was landed to protect the had a twofold ground always upon which we had a right, where consulate, the authorities having agreed, in the expectation of Colombia could not or would not make good her guaranty of free another attack- transit and protect the citizens of the United States within her to request, in writing, the commanders of the United Stat-es a.nd British domain on the Isthmus from spoliation and loss of life, to land om· forces fu the .harbor to land and have joint occupation of the town tempo !fiMWes upon the Isthmus for the forcible protection of American rai·ily. mterests and of our treaty right of free transit, and this latter not In 1861 the intendente-general for Panama informed our consul only for the benefit of American commerce and citizens but of general at Panama that a lawless expedition was fitting out at commerce generally over that transit. ' Cartagena to invade the Isthmus, and requested, in the event of First, the right of way or passage for the Government and for its landing at Aspinwall, now Colon, or any other of the Isthmu;s the commerce of our citizens granted to us by A.rtic~e XXXV, for ports, the interposition of the U~ted. States naval forces to maiu· 2136 CONGRESSIONAL RECORD-SENATE . . FEBRUARY 20, train neutrality and to protect the transit from violence of a law- ! would have succeeded us. The French Government would have less character, ''which he had every reason to apprehend in case looked after the immense French interests and French invest a landing was effected by the expedition." In the same year Mr. ments and rights, which, under concessions to Frenchmen owned Seward was notified by the minister from Colombia as follows: by a French company, had grown up with vast expenditure of Should the invasion (from Cauca, a part of New Granada adjoinin~ the French money on that Isthmus. Isthmus of Panama) tak~ ~lace, it will become the duty o~ the authorities of And so we have been obliged to go along all these years respond- ~~;l~!f~p~r~~~~1ds~h!t lt~;th~~bJc~:~r:~:::a~t~~~~~~lly~ ing to the ?ails of 9Glom~ia, contentiD:g <:mrselve~ with simple cut off all communication between the Atlantic and Pacific shores, which protest agamst the mfidehty of Colombia m fulfillmg her treaty would necessarily ~uta ~P to ~n ~·~ffic along the. ra~way. This mea ure obligati?ns, senili?g our wa;r ships there that their presence might ~ould doubtless prove.vmy preJudicrnl to commeice m general, and espe- repress msurrect10n and disorder protecting by o · ·· th ·emily to that of the Umted States. . . .' . m marmes e · 11 d t te t th t 't It. lives and property of Amencan citiZens, and the sa.fetv and free- A n d so we were ca e on o pro c e ra?SI . IS a 1ong dom of the transit. " story. Colon has been attacked and burned by msurgents. Pan ama has been captured more than once. Ten times we have been WE HAVE AIDED COLOMBIA. TO OPPRE3S THE PEOPLE OF THE ISTIDIUS. obliged to land marines to protect the transit and the lives and And in all this incidentally, although effectively, we have re property of American citizens, and many times the presence of pressed the aspirations of that people for freedom and held them our war ships there has served to prevent insurrection, and our subject to a tyranny. It has been, Mr. President, from the stand intervention through marines has served to put an end to insur point of liberty, a cruel piece of business. on the part of the United rection, and to force a surrender of revolutionists to the Gov States Government, and brought us into a practical partnership ernment. which can not fail to be offensive to right-thinking men. The I will show, Mr. President, as I go along, thattheinsurrections failiD;·e of Colombia to discharge her obligation has forced us, in and attempted revolutions on the Isthmus of Panama have not the discharge of a plain duty and in the exercise of a plain right been by any means in most cases the result of mere lawlessness for tl?-e pro~ection of American interests, to become an ally of Co or desire for spoliation and plunder. In thirty-three instances lombia agamst the people of the Isthmus. We have been an in there have been revolutions, attempted independence, revolt strument of tyranny, not daring to cast away the sword of tyranny. against the sway of the Government at Bogota, not riots. One Comparatively few of our people, in fact very few of the Sena of these revolutions lasted for three years. Once during revolu tors. have realized or perhaps now realize the extent to which the tion in Colombia she withdrew all troops from the Isthmus, not United States has. been made under this treaty the instrument withstanding imminent danger to the transit, thereby forcing us of vio~ation of t~e commonest rights of mankind, in outrage to intervene. And whenever there has been fighting there it has upon liberty, holdmg down the heavy hand of Cplombian tyranny involved and embarra sed the transit and the operation of the upon the people of that Isthmus by suppressing insurrection and railway. I wish I might call attention to some of these reports of 1'et:olution, and maintaining the Bogota authority The people our consuls and our naval officers to prove this. of Panama are the same race of people as the people of Bogota. There is a report, for instance, of a train stopped at a bridge The Spanish people are not afraid to die. That the spirit of lib until a battle could be fought out at the other end of it; another of erty has never been extinguished on the Isthmus the record of a train run between two contending forces, the soldiers of each revolts, attempted revolutions, and struggles for independence standing with cocked rifles aimed at the train and the passengers. abundantly Ehows. There is not a Senator in this Chamber who, There was another occasion on which the soldiers on each side of had he been a Panamaian, would not have been a Lader in these the railroad, by agreement, stopped firing at each other until the insurrections and in the struggle for independence so often made trains and mail could pa~s through. and so often repressed by the power rf the Unite States. It is absolutely impossible for one who familiarizes himself at It is not a great while since this ChambEr ran:s with eloquent all with the geographical situation there and the population, to voices in favor of liberty. It is not very long, Mr. Fresident, fail to realize that in the event of hostilities between Colombia since burning words were spoken here in denunci:?..tion of tyranny and her people in that locality, the theater of war must be Colon, and outrage and wrong UJ;:On a people. But I stand here to say Panama, and the railway and canal lines of transit. to-day that, with all the Spanish oppression in Cuba until the re Doctor Nunez, who became dictator in 1885, in his addre s of concentrado days of Weyler Cuba was a paradise of govern November 11, 1 85, to the honorable members of the State dele mental purity and justice compared with the long-continued gates. after speaking of the cost of the civil wars of 1876 and 1885, condition of Panama ruled from Bogota. estimating the former at nine millions in direct damages only WRO.'GS OF PANAMA. and the latter at double the cost, said: Up to 1885 Panama was a sovereign state, which with other The State of Panama alone requires a numerous and well-paid garrison, so sovereign states constituted the Republic of New Granada, then as to avoid such occurrences, which have ah·eady happened, and which rnight endanger ow· national sove1·eignt11; without this precaution, excluding the Colombia. She had her own legislatm·e enacting her own laws se'"m·er one of cultivating with favorable results our amicable relations with for domestic administration; she was a sovereign member of a the Government of North America, which has just given us such a palpable confederacy of states, not a union. She, with the other !tates, proof of thei1· good faith. had delegated to the Central Government at Bogota certain To the performance of this obligation she has been disgracefully powers to be exercised by the President and his cabinet and the indifferent. Every time during the life of this treaty we have Congress. But two-thirds of the states had the power to overrule been forced by her failure to repress disorder to land our marines, any action of the Congress. She chose her own governor and other protect the transit and our citizens, she has committed a gross officials. She enjoyed home rule. She conferred, of course, upon violation of the obligation which she undertook by way of grant the Central Government the conduct of foreign relations-the and guaranty in Article XXXV of the treaty. For each of these right to make treaties. violations we had a right at our election to denounce and put an But, Mr. President, with 1885 came an entire change in her end to the treaty, but our position has been such that, however status. It was brought about, shortly stated, by a coup d etat of gross and systematic her violation might be, we were absolutely Doctor Nunez, the President, who set aside the constitution, made precluded as a Government from exercising our clear right to put· and put in force a new one, in the making of which Panama had an end to the treaty. in fact no part or voice, under which he became a practical dic The situation of the United States in this respect has been alto tator. This constitution established a centralized government gether unique. It is the only treaty obligation, so far as I know, and maintained the statehood of all the States aut Panarna, and by which this Government has been thus complicated with another provided that Congress should have power" to regulate the au government. Colombia well understood this. We were without ministration of Panama." She lost the right which during all remedy for her violations of solemn grant and guaranty of free the years her people had enjoyed of home rule; she lost the power transit. Had we denounced the treaty of course it would have been to legislate for the wants and needs of her own people. She be· insisted that our right of way or transit aero s the Isthmus from came, Mr. President, a province, a department, under the abso the one to the other sea by highway or canal would have fallen lute command and despotism of a government 800 miles away, with the treaty. It has been so valuabletoourcommerce, and of having nothing whatver in common with the people of Panama. such consequence for the future, that its surrender was not to be Why was this done? Senators may inquire. I can conceive of thought of. Moreover, had we withdrawn from the obligations of no reason except that it was to enable the politicians at Bogota Article· XXXV to maintain the neutrality of the Isthmus and the to reap where they had not sown-to reap a harvest of dollars from rights of sovereignty and property of Colombia thereon, some other the Isthmus of Panama while leaving only to ·the people of the government would have undertaken the obligation which we had Isthmus a harvest of death. With the cutting of the canal and cast off. We could not tolerate it under the 1\Ionroe doctrine that the throwing up of the new earth came pestilence that did not any foreign government should occupy the position as to any South reach the clear ail· of the mountain plains at Bogota, but they American republic which we have under the treaty occupied as took the money at Bogota derived from the concessions, and the to Colombia. on the Isthmus of Panama. people of the Isthmus of Panama faced disease and death in utter Jt is not difficult to identify the foreign government which helplessness. 1904. CONGRESSIONAL RECORD-SENATE. 2137 I want to read-for it is the truth, Ihaveverifieditas far as possi cattle killed ~pon the Isthmus, while the tax imposed in the other Depart ble; it was read by the distinguished Senator from Indiana [Mr. ments is but~ in paper for the same privilege, a discrimination of 30 to 1. F .AIRBANKS] in the speech which he made-a statement published What but a spirit of diabolism could devise that? And we have over the signature of an eminent and frank man at Bogota of the helped all the years by our action in "protecting the transit" treatment which has been accorded by Colombia to the people on there to make permanent over the people of that Isthmus this that Isthmus: absolutism and robbery! These taxes and impositions might be endured if the Isthmus had in turn We have eonverted the lords and masters of that territory [Panama] into derived a reasonable part thereof for its own betterment, but the facts of pariahs elf their native soils. We have cut their rights and suppressed all the case are notoriously the reverse. Not a school has ever been established their liberties unexpectedly. We ha>e robbed them of the most precious by the central government of the Department of Panama, not a college has faculty of a frae people-that of electing their mandataries, their legislators, been erected, not a bridge m· 1·oad built in all the territory, not a hospital, not their Judges. an asylum for the insane, and not a single woTk of eleemosynary or humane Senators, it is a pitiful thing for a man who has been well-to character has been founded. do, it is worse for a woman who has been well-to-do, to be re And yet Senators seem to think it an astounding thing that duced to penury, to be compelled to bear, after a life of luxury, when the canal treaty failed at Bogota-when it became apparent the hardships of poverty. He who has always been a slave knows that this Government was to be held up indefinitely until the little of liberty; but people who have been free, who for number franchise or concession of theNew Panama Canal Company, with less years have been accustomed to govern themselves; to enact its property, could be forfeited, and until the end of a long litiga· their own legislation, to administer their own laws, feel, of com·se, tion or a fight with France, there was to be no canal, no ray of with indescribable keenness reduction to a condition of absolute light-they revolted. Who would not have revolted? dependence and practical slavery. That was the situation in THE REVOLUTION. Panama. Was evei· a revolution better justified in the sight of God and We have restricted for them the right of suffrage; we have falsified the man, Mr. President, than was this one? To say that it was sim count of votes; we have made prevalent over the popular will the will of a ply for a canal is to close the eye to the long history of misrule, mercenary soldiery and that of a series of employees entirely strange to the interests of the Department; we have taken away from them the right of violence, tyranny, and robbery. It is to forget that without re lawmaking, and as a compensation we have put them under the iron yoke gard to a canal long ago, but for us, the peop~e of the Isthmus of of exceptional laws; state, provinces and municipalities have lost entirely Panama would have become independent. the autonomy which they were enjoying formerly. * * * not intend, Mr. President, to spend much time in dealing In towns of a cosmopolitan character of the Isthmus we did not found any I do national schools where children could learn our religion, om· language our with the details of what occurred on the Isthmus. It is enough history, and how to love their country. In the face of the world we have to say that the reYolution evidently had been long in preparation. punishei'l with imprisonment, with expulsion, with fines, and whippings the writ:!I'S for the innocent expression of the thought. Since December, lbS4, to On the night of the 3d of November: 1903, there was an uprising. October, 1900, the Presidents, governors secretaries, prefects, mayors, chiefs On the morning of the 4th the people of the Isthmus declared of police, military chiefs, officials, and soldiers, inspectors of police,.,!Jte police their independence of Qolombia, and a provisional government it elf, captains and surgeons of harbors, magistrates, judges of au descrip tions, State attorneys, everybody came from the high plains of the Andes and lowered the flag of Colombia and raised in its place the flag of the from other parts of the Republic to impose on the Isthmus the will, the law, Republic of Panama. . or the whims of the more powerful, to sell justice or speculate with the treas On the 6th of November the President authorized the repre· ury. This series of employers, similar to an octopus with its multiple arms, wa sucking the blood of an oppressed people and was devouring what only sentative of this Government at Panama to enter into relations the Panamaians had a right to devom. with the new Government, which he proceeded to do. That was We have made of the Isthmus a real military province, and when this na a recognition of a new independent state. It was the recognition tion of 350,000 souls had men of continental reputation like Justo Arosemana, of a fact, for, from ~e standpoint of international law, inde legislatoi of the first order, and of an irresistible popularity like Pablo ~·ose mana and like Gil Colunje, men of talent like .Ardila, brilliant diplomats like pendence is a fact. On the 13th of November the President for Hurtado and scientific celebrities of European reputation like Sosa we leave mally recognized the Republic of Panama by receiving an envoy them aside, we relegate them in contempt and m forgetfulne~s instead of putting them at the head of the Isthmus in order to quench the thirst of extraordinary and minister plenipotentiary from that Republic, equity and justice and satisfy the legitimate aspirations of all the Panama. and a little later appointed, by and with the advice and consent ians. Such a way of proceeding has wounded the pride, the dignity, and the of the Senate, an envoy extraordinary and minister plenipotentiary patriotism of all the intellectual people of the Isthmus, and has provoked and developed the hatred and the anger of the popular mass. to the Republic of Panama. The result is of all those errors-we are touching them now! The last The President has been severely and harshly criticised in de twenty yeai'S have been for the Pamimaians too bitter and too sad, and they bate here on various grounds in connection with the birth and will never in the future like to be Colombians if they have to continue live recognition of the new Republic. It has been charged that this under a regime that did not allow them to be citizens in their own territory. Government incited the revolt. That is but the breath of suspi Senators wonder, when the Congress at Bogota, encouraged by cion. The President needed no defense against such a charge, the Government which negotiated this treaty, locked and baned but he made haste to place upon the permanent records of the the door of hope to the people of the Isthmus, that they rose in Government this unqualified denial: revolt, and seem to think it a strange thing, to be accounted for I think proper to say, therefore, that no one connected with this Govern only upon an hypothesis which does dishonor to the President. ment had any part in preparing, inciting, or encouraging the late re-volution on the Lsthm.us of Panama, and that save from the reports of our military Who here, had he been a Panamaian, would not have been a rev and naval officers, given above, no one connected with this Government had olutionist? Was anything ever more natural, Mr. President, than any previous knowledge of the revolution except such as was accessible to the resolve of. the people of that Isthmus in that moment to free any person of ordinary intelligence who read the newspapers and kept up a themselves from this tyranny or die? cmTent acquaintance with public affairs. The Senator from Massachusetts [Mr. LODGE], in the very ad General Reyes, in his correspondence with Secretary Hay in mirable speech which he presented on this measure, incorporated dulged the same intimation, based upon statements in the public a report in detail of the war taxation extorted from individuals in press, which brought from that distinguished official the follow Panama by the sword and bayonet. It is one of the most infamous ing explicit and final reply: tales of outrage and robbery that ever a people was obliged to Any charge that this Government, or any re ponsible member of it, held intercourse, whether official or unofficial, with agents of revolution in Co submit to. lombia is utterly without justification. Through its own officials, appointed for the Department of Panama, the Equally so is the insinuation that any action of this Government prior to Central Gove.rnment has appropriated and withheld in the form of loans the re>olution in Panama, was the result of complicity with the plans of the from the Department of Panama to the Republic of Colombia a sum of over revolutionists. 'fhe Department sees fit to make these deniaLs, and it makes $2,000,000, which it refused to repay: or recognize as an obligation. them finally. The Government has received from the Panama Canal and the Panama. Railroad Company a total sum of over $15,000,000, of which not a penny has These denials from such a source are, of course, conclusive. been applied by the Central Government for impro>ements in the De Basing the chru:-ge upon telegraphic orders to the commanders partment of Panama, save only the sum of $25,000 per annum expressly pro of our war ships, which I do not stop to read, but which I insert vidM by the railroad concession to be paid directly to the Department. as an appendix, it has been elaborately argued and insisted upon And yet, Mr. President, Panama was the narrow strip of land that with undue haste and suspicious anticipation our war ships through which the oceans were to be wedded! It was through were assembled at Colon and Panama. That our officials knew Panama and in the midst of that people that the work of construc that revolt was threatened no one can dispute. That it was their tion went on. It was the Panama inhabitants who suffered from duty to know and be prepared for a situation which would call the wild men who came from the West Indies to engage in that for the protection of American interests and rights is self-evident. work and from the pestilence which came as a consequence of It was for that that the Constitution places in the hands of the construction) but every dollar of the $15,000,000 went to Bogota, Executive the conduct of our foreign relations. It is the duty of upon the plain of the Andes. our representatives in foreign ports and places to keep the execu Panama is the one Department- tive department aQ.vised fully of conditions menacing American interests and of prospective changes in government. This·has Think of it ! - always been so and always will be so so long as executive duty is Panama is the one Department in the whole Republic where silver is the intelligently and faithfully discharged. legal tender, the other Departments having a depreciatedpaper cmrency in the ratio of Su"' paper to Sl sih·er. With this palpable difference in money But, looking through the records, it will be discovered that the values the Government of Bogota imposes a tax of $10 in silver per head upon President in this instance can not be charged with undue haste 2138 CONGRESSIONAL RECORD- SENATE. FEBRUARY 20, in assembling at Colon and Panama American sirips of war. At Hay, and that if th~:~ treaty was-not ratified by September 22, when it expired Colon was the third-rate shin the Nashv'ille, and at Panama, the by limitation, a revolution on the Isthmus was certain and that it would have ·¥ American support. port at the Pacific.end of the transit there was no American war "I sent subf.eqmmt cables to my Government along the &'lome line, and fcl- ship. Until N ovem.ber 9 American interests were looked after at lowed them with long written ad vices containing thft information I had Panama by the British war ship ArnphiCYit, the Marblehead: which ga!~ecteg.n~t~~~~.:ri~te with detectives after the visit of Du~ue and Hart, had been ordered from Acapulco to Panama. having sailed from for I had already made arrangements, chiefly through friends to eover the that port November 4, reaching Panama November 9. If any meetings oft.he revolutionary committee in New York. I did not pay a gl'eat · th · t 'th the t' d tm t deal of attention to these meetings at first, lnkt during the latter pa1·t of .Au f ault Can b e f ound 1n IS respec W1 execu lVe epar en ' gust I began to take a lit-ely. mtere tin them. I knewtcho attended all of the it is for not having seasonably at Panama an American war ship meetings and just what was said by everyone there. I follou:ed these meetings to safeguard American interests. to the end, and kept my Government fully informed as to what tmnspired at But one of the principal, if not the stronges~ grounds af com- them." plaint of the President in his relation to what occurred on the Yet, Mr. Pre ident, notwithstanding repeated official wnrnings Isthmus is that he violated Ar.tide XXXV of the treaty of 1846 from Doctor Herran and the fact that the Government knew that by preventing the landing of Colombian troops to repress or sup- ths only hope of the people of the Isthmus for the future was in press revolution. This cht'!Jrge is based entirely upon the cable- the completion of a canal, Colombia had as a garrison on the grams which I insert in the appendix to my remarks. These Isthmus 200 oldiers, who went promptly over to the revolution cablegrams have been so thoroughly discussed by SenatJrs, in- ist and ·sent only 450, 'Who were permitted to land, but not to eluding myself, on other occasions, that I shall not dwell upon fight on the line of transit-, and who, on the evening of the 5th, them at this time. It will be observed that the governing point- took with their officers the mail steamship back to Cartagena. in each of them was to maintain free and uninterrupted transit. L..U.JJTI>G- oF COLOID3TAN 'l'ROOPS HAs BEim PREVENTED n:mroiUJ. There was a situation in which was threatened, because of the It will be seen that Colombia had as usual, relying upon th~ delay of Colombia, being fully warned, to make timely prapa.- United States continuing to be an easy victim under this treaty, ration to carry out her obligation, fierce and long-continued the obligation of which she would not herself perform, and which fighting along the railway and at Colon and Panama, involving we dared not denounce, failed to make any adeq_nate provision not only stoppage of the kansit and commerce, but po::sibly the whatever to discharge. her obligation.. Mr. President, even if the destruction of. the transit. troops which came, inadequate as they were, had been prevented Tlie shelling of Panama by the Colombian gunboat, in violation from landing to fight in Colon or Panama or along the line of of the laws of war, had not the interference of the foreign con- railway it would not hav~ been the fir t time that such a thing suls prevented its continnanoo, might easily have destroyed has been done by the United States at Panama. In 1 3, when through conflagration Panama and all the commercial facilities, Mr. Cleveland was Pre ident-it was shortly after his inaugura mterru~ing th~transit for months. We were under no obliga- tion, and therefora before: he had ceased to be a Democratic tion to permit- Colombia to destroy or endang~r the transit, the President from the standpoint of a number of Senators on the principal benefit which we derived from the treaty of 1846, by a other side-there was fighting on the Isthmus along the transit. belated effort to maintain her supremacy on the Isthmus. She Mr. Whitney, Secretary of the Navy, sent a naval expedition to was either too weak to maintain her sovereignty there or re-lied the Isthmus commanded by Admiral Jouett, and, under dare of n-pon us to do it for her, not against any foreign power, but April 3~ 1885., instructed him as follows: against her des-perate, disappointed, and long-suffering citizens or The object of the expedition is the protection by the United States of its subjects upon the Isthmus. citizens, to preserve the neutrality-and keep open the transit from Colon to I have said Colombia had been fully forewarned of the immi- :Panama, and, further, to pl'otect the li~esand prop rtyof American citizens. · I h d been dis d · th Se f C The circumstances. as under tood, from which the necessity fOI." the ex.pedi- n ence o f :revo1 :ution. t a cusse In ~e nate o o- tion ha ai'isen are, in general, thats steamship belonging to Americans has lombia in connection with the appointment of Obaldia as gov- baen seized at Colon by an ann.ed force and goods in transit-tnken from her, er-nor of Panama. It had been reported by representatives n·om he:r officers and the American consul imprisoned, and the trnnsit acro~ s the . t"t. · · 1 t Isthmus interrupted. With the consequences involved in tb.ese past acts you the Isthmu.a in t h e Congress 0 f C 0 1om b I.a on u.eiT amva a are not concerned. Your sole duty i& coafined to seeing that a free and 1mia- Bogota. Doctor Herran, the charge representing Colombia at terrupted transit across tlte bthmus is ,·estored and that the lives and prop this capitalt had officially warned the Government of the prepara- erty of .Amvican citizens are pmtected. tions for revolution. I read from an interview by him in the We had several war ships there. The officer in command of Washington correspondence of th~ New York World, Monday, Colombian troops, who were not permitted to land, was Colonel, J"anuary 18, 1904.: now General, Reyes. recently the special envoy of Colombia to Dr. Thomas Harran, the Colombian charge., was tremendously interested, this capital, now in Paris endeavoring to defeat the transfer of anc1 it~:a vel'Y interesting story. As to the charge that stock speculating the canal company property to this Government upon the ground was at the bottom of the Panama revolution, I can_ say nothing more than that Panama is still Colombia and that no change has bean that I have heard rumors to the same effect. I can talk only on the part of wrought in her ownership and sovereignty. I read from the the story witft which I am directly connected, and I wish to conect some rennrl: minor details in that, so that no one will be done an injustice." .t:~ On Monday ev-ening, the 27th after the departure of the garrison for DUQUE AND H.ART IN WASHINGTON Pa.rniso, the L.'IDding party from the Iroquois (which had arrived off Panama Is the headline. - the day before) came asltore and wn.s quartered for the night on the railiond ""'l'hat Mr. Duque and Mr; Hart called on. me on September 4, immediately wharf. Early Tuesdaymornin~ theBO]J.aca, with_ the canal tug,hulkGuaua- . h Se .. ,~ H tth Stat D rt t ... -ted quil, schooner and three whaleooats were seen in the bay. · after their conference Wit ere.,._ .r ay a e e ~a men as sw. Lieutenant Reeder was sent to call on the commander in chief to pre ent in the World, is true put they.a.renot both 019- frie~. 0 mine.nor did t~ey my compliments, and to explain, if neces...c:aey, more fully the request con give me one word of inform.at10n. Mr. Hart. 1s an._ Intimate n·1end of mme, mmed in the following communication: and I think a great deal of him." · HEIA.DQUAHTERS U.S. N.A.V.AL FORCE ON l.s'I:HliUS Oli' PANAMA, He was the former minister, I think,_ at Bogota. Panama, .April fS, 188~. "I do not believe he had any hand in the revolution. He met l\Ir. Duque Srn: I have the distingu]shed honor, in the absence of my coiXliilander in here by appointment to introduce him to Ml·. Hay. I met Mr. Duq_ue casu- chief, Admiral Jouett, at. Colon, to inform yoathat.for the protection of the ally two or three times when I was on the Isthmus for a few days waning for transit across the Isthmus, and for the protection of Americans and their a steamer, in 1898. property, I occupy the r.ailroad station at this place with a United States Mr. Hart and 1\fr. Duque called on Mr. Haybetweenlland 12 o'clock on naval force. Septilmber 4, and the World's account of what happened ~t their Cya, who had been appointed militn!Y and oivil ohief of the the Colombian diplomatic representative at Washington who had Stat.e of. P~. was on. 00 ~1;'d the Boyaca,, as well. n.s Colonel Reyes, the -h. ty commander m chief of the nnlitary force, which coD.SlSted of about 600 men.. negoti at e d th e Hay- H erran t.Uea11 • DuTing the conversation Colonel Reyes- "Ha told me nothing I did not kn.ow, and nothing which was not apllarent Who had made no protest- to any casual observer on the Isthmus." A st:tted to Lieutenant Reeder that he was having the entrance to the Rio HE.RRAN W..A.RNED ~oGoT · . Grande south of the city, examined with the view of finding out whether he "After their departure !verified a few pomts on which I had not been ab- would lKl able to land his forces in that vicinity. solutely certain, and the next day I cabled Bogota. I said that on the pre- . . vious day Mr. Duque and Mr. Hart had a long conference with Secretary Some miles from the_ City, 1904. · CONGRESSIONAL· RECORD-SEN ATE; 2139 I Rear-Admiral Jouett having come to Panama on the afternoon of Tuesd!.ty, ured to the benefit of Colombia, there came a time when protect- the 2 th, on Wednesday Colonels Reyes and Montoya and Aizpuru- ing the transit inm·ed to the benefit of the people who lived along Aizpuru was the general commanding the insurrectionary forces the Jine of t1·ansit and at either end thereof. who had command at Panama, who had been allowed, because of There is no justification for imputing to the President and those the absence of national troops, to seize the Isthmus and who was who acted under him a purpose nominally to maintain the transit respecting the transit- and protect American interests and citizens and life and property, met in the railroad office, Rear-AdmiralJouetttakingpartin the conference. but really a dark, damnable purpose to expel Colombia from The conference resulted in an agreement being signed between the repre- the Isthmus in violation of treaty obligations, and to build up sentatives of the Colombian Government and Aizpuru by which the latter there an independent republic, from which we could obtain a was to surrender. canal. It will not do. And he did sm·render; and the report, which is the report of It is of no moment that the 450 soldiers who were landed would Admiral Jouett, continues: not have been permitted to land had the telegraphic orders to the The quasi government represented by Aizpuruhavingentirely.disappeared commander of the Nashville been received at an earlier hour. It with the signing of the capitulation, the reasons which had hitnerto made it is enough to know that they did land. Nor is there anything of imperative- substance in the complaint that troops were not permitted to "The reasons which had hitherto made it imperative"- cross the Isthmus on the railwav transit. The revolutionists de- ·to prevent the landing of the Colombian forces within. our lines now ceased to sired that they be transported to Panama, and were ready to fight exist. They accordingly landed at the railroad wharf early on the morning them. What was done in this respect was identical with what of the 30th, and we were able to facilitate their disembarkation. was done by Adm:U:al Casey in 1902, without essential criticism Here again the United States," protecting the transit," helped in this country. There is no evidence that Colombia intended to to bring about the surrender of the revolutionists and the rein- send troops, or knewthatthey would be prohibited from landing. stallation of the Bogota Government. No Comanche war whoop As late as November 12 Beaupre was invited to the palace at Bo~ was heard in the country against President Cleveland" for having gota, and asked officially to construe the last clause of Mr. Hay's violated a ~olemn treaty of the United States," and, so far as the telegram of November 6, announcing that we had entered into re documents show, the action of Admiral Jouett was approT"ed by lations with the Republic of Panama, as to whether it meant that the Administration. No one without injustice or almost malice the United States wou1d not permit the landing of Colombian could criticise that action, because to have permitted those troops. troops to land meant fighting along,the line of transit, with inter- General Reyes states in a communication to Secretary Hay that ruption inevitable and destruction possible. being unacquainted, except in an imperfect manner, with the at- I wonder if Senators here expect the United States eitherto de- titude assumed by the American war ships he had the honor to nounce the treaty with its rights, and rid herself of the obligation address a note to Rear-Admiral Coghlan, who in reply told him imposed by it, or to go on forever and, by performing an obligation that, "The present orders are to prevent the landing of soldiers which rested upon Colombia, press down in perpetuity upon the with hostile intent within the boundary of the State of Panama." inhabitants of that Isthmus the heavy hand of Colombian tyranny. This was the 17th or 20th of November, several days after· the There is indubitable evidence in this Senate Document 51 that formal recognition of the Republic of Panama. And one may in Colombia thoroughly knew, as we from all our experience knew, fer from his correspondence that the first information as to the that there would not be fighting on the Isthmus except along the attitude of the United States in respect of permitting Colomb~an line of transit and at Colon and Panama. I find here a cablegram troops to land was derived from the publication of the dispatches from Mr. Beaupre to Mr. Hay, under date November 7, the day themselves in a public document, after his arrival in this country. after the recognition of the Republic of Panama, as follows: It is one thing for Colombia to say that we prevented her landing As the Government of the United States has war vessels at Panama and troops tvhich she sent for that P1..l11JOSe; another thing for her to Colon, minister for foreign affairs has requested me to ask will you allow say that she knows now that if she had sent t1·oops, which she did Colombian Government to LAND TRoo\>s AT THOSE PORTS To FIGHT THERE not send, they would not have been pe1mitted to land. AND o~ THE LTh""E oF RAILwAY. All that has been done there would have evoked no criticism in Of course they knew perfectly well that if they could not have this country but for the canal. The Senator from Colorado [Mr. permission to land troops at Colon and Panama to fight at those PATTERSON] nods his assent. Let me analyze my statement, and ports and along the line of railway, it would be useless to send see whether he nods his assent. · Everything that has been done them at all for the purpose of subduing revolt. there I eay, would not have been criticised; it would have been It must be remembered that about October 16 Lieutenant- in harmony with what has been done before, without criticism, General Young had laid before the President a memorandum as but for the canal. Why should it be criticised? If not on its to what two regular officers, Captain Humphrey and Lieutenant merits open to criticism had we gone to Nicaragua why should it Murphy, who had just returned from a four months' tour through be criticised because when liberty came at last to that people and the northern portions of Venezuela and Colombia and had stopped independence and a power to conserve the education of their chil in Panama on their retm'll in the latter paTt of September, had dren and the happiness of themselves it brought also a termina reported as to conditions on the Isthmus, as follows: tion of the partnership between this country and Bogota and ten- That while on the Isthmus they became satisfied beyond question that, der of generous terms for the opening of a canal so vital to them? owing largely to the dissatisfaction because of the failiD'e of Colombia to It seems strange to me that in all this debate Senators who spoke ratify the Hay-Herran treaty, a revolutionary party was in course of organ- so beautifully, so eloquently, so tenderly for Cuba have had no word izr..tion, having for its object the separation of the State of Panama from Co- f th f th d d ti d · f th 1 f lombia, the leader being Dr. Richard Arango~ a former governor of Panama; o sympa Y or e egra a on an oppresswn o e peop e o that when they were on the Isthmus arms ana ammunition were being smug- Panama; that Senators who hailed with such justdelightthe'dawn gbrl into the city of Colon in piano boxes, merchandise crates, etc., tlie small of freedom to the people of Cuba have met with execration and arms received being principally the Gras French rifle, the Remington and · d 'ti · th d f fr d f th d the :Mauser; that neal'ly every citizen in Panama had some sort of rifle or carpmg an .en Clsm e awn o ee om or e oppres e peo- gun in his possession, with ammunition therefor; that in the city of Panama pie on that Isthmus; Their tenderness and commiseration is for thert> had been organized a fire brigade, which was really intended for a revo- Colombia alone. lutionary military organization; that there were representatives of the revo- It is sug!lested that the uprising in Panama was not much of a lutionary orga-nization at all im:portant points on the Isthmus; that in Pan- '"' ama, Colon1 and the other principal places of the Isthmus police forces had revolution. It was enough. No one can read the statement of the been orgamzed which were in reality revolutionary forces; that the people two officers to which I have referred without being convinced that on the Isthmus seemed to be unanimous in their sentiment against the Bo- th · t gth fi hti h b h' d h gota Government and then· disgust over the failiD'e of that Government to ere was Immense s ren , g ng strengt , e m t e revo- ratify the treaty providing for the construction of the canal, and that a revo- lution. Of course no battles were fought. That is fortunate. It lution might be expected Immediately upon the adjournment of the Colom- is not necessary in order to achieve independence through revo- bian CongreSd without ratification of the treaty. lution that it should always result from hard-fought battles . . It will be seen that the President was justified in the belief that This is not the first time in the history of the world that with due the organization for revolution was a powerful one and thoroughly preparation a coup d'etat or a coup de rna in without bloodshed organized. That it was made up of men who were ready to fight has brought independence to a long-suffering people. had been demonstrated too many times to leave it in doubt. No The revolutionists are not to be criticised for emplo:ying money one can doubt that if the United States had permitted Colombia, to gain support. "In the corrupted cun·ents of this world," Mr. had she so desired, to land a considerable force at Panama and President, struggles for liberty have always possessed phases of Colon, any more than Colombia doubted it, as shown by the cable- this kind. If an insun-ection or attempted revolution fails, it is gmm I have read from Beaupre, there would have been fierce and a crime; if it succeeds, it is a virtue and an honor. protracted fighting in both of the cities and along the line of rail- It is Eaid contemptuously here that the revolution had few way, in which it would have been impossible for us to protect the leaders. Is that exceptional? Revolutions have few organizers. property and lives of our citizens and to maintain the freedom of That is the history of the world. That was not peculiar to transit without becoming a participant on one side or the other, Panama. or against both, which no one would have justified. It was said that the Government of the United States connived And thus it happened that while our prior interventions had in- at it, encom·a~ed it, was a party to it. It was darkly hinted over 2140 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, and over again that something was being held back. Has any- It had definite boundaries. It ruled within the ancient limits thing been held back? of the forme:r State of Panama, with none within its boundary to 1\fuch comment is made upon the fact that a few of these con- dispute its authority. It had a supreme court. It municipalities spirators were in the United States! "Conspirators" is not a bad were in operation. It had an army. It had nearly as much of a word in this case. We had them in Bo.ston and other New England navy as Colombia had. It had the Padilla, one of the strongest c:lt1es and viUag~s in the days of the Reyolution. Conspiracy is of the naval ships of Colombia. It had a flag, and on that date it not always used in a bad sense~ Revolutions are always plots; was the only power on the Isthmu.s to which the United States or they are always deliberately prepared. Some Senator said the its citizen.s or any other government could look for protection, o.r revolution in Panama was" hatched in the darkness of a back with which it could deal. It was the sole sovereignty th~re. and room." I do not know whether it was "hatched" or not; but I its sovereignty was complete and undisputed. The power of Co. have no doubt it was not plotted in the front room with the lombia having been expelled, whether for a long period or a blinds open and the sun shining brightly into the room. What short one, I would be glad to have some Senato:r inform me what revolution ever was prepared in that way? principle of international law interdicted the President from en- And they appropriated money that was in the bank to the credit tering into relation.s with the only governing power in existence of Colombia. Why not? It was money of which the people of on the Isthmus. Panama had been robbed~ They had the same right to take that Here was in fact independence,. and the President s act was money that they had to seize Government cannon or guns or the efficaciou.s only to recognize that fact of independence. Between gunboats or any other Government property belonging to Co- the 6th and 13th of November, when the President more formally lombia~ recognized the independence of the Republic of Panama no How strange it is that such observation.s should be made as to change had taken place in its status, except that more complete1 this reyolt on the Isthmus of Panama, and such criticism in- evidence was afforded from day to day of the enthu.siastic support dulged and wonderment expressed that some of the con.spirators of that Government by the people and the initiative of proceed should for a time have found lodgment in this country! The ings for the framing of a constitution and the establishment of whole Cuban revolution was plotted in New York. The Cuban permanent administration. The Republic of Panama on the 6th junta conducted their operations from New York, issued bonds and on the 13th, constituted as it was~ answered the definition in New York, issued money in New York, and bought guns and given by the international writers of an independent state. Pro- ammunition in New York. There was not one word of criticism fessor Woolsey says, page 34, section 36: in this Chamber for thatr so far as I have ever heardr A state is a. community of parsons livingwithincertainlimit.sof territory, :Mr. Cleveland said in one of his messages: under a permanent organization, which aims to secure the prevalence of jus- Many Cubans reside in this country and indirectly promot~ the insnrrec- tice by self-imposed laws. The organ of the state by which its relations with tion through the J?l'ess. by public meetings~ by the purchase and shipment other stat-es are managed is the government. of arms, by the raiSing of funds, and by other means which the spirit of our Vattel adopts this definition. of a state: institutions and the tenor of our- laws do not permit to be made the subject of criminal prosecution. Every nation which governs itself, under what form soeyer, without de- pendence on any foreign power, is a sovereign sta. te. Tile man who plans for liberty finds a resting place under every Pbillimore says: decent government in the world, the neutrality laws being ob- A state may be defined to be a people permanently occupying a. fixed tar- served. ritory (certam. sedem), bound together by common laws, habits, and customs CONSTITUTIO~.AL POWER TO RECOGNIZE IN PRESID~. into one body politic, exereising through the Itleans of an organized govern ment independent sovereignty and control over ail persons and things within Among the powers confen-ed by the Constitution on the Presi- its boundaries, capable of making war and peace and of entering into all in- dent is to "receive ambassador_s and other public ministers~" To ternational relations with the other communities of the globe. receive an ambassador or other public minister is the most formal Pomeroy says, section 50, page 47: method of recognizing an independent state. The conduct of ou:r A municipi'Um, civitas, or state, in its strict sense, is an independent p<>+ foreign relations is placed by the Constitution entirely in the litical society, with its own organization and government, possessing in itself hands of the President. To no other department of the Govern- inherent ana absolute powers of legislatwn. * * • So far forth as it pos- ment tl.~n t'-e "[;'1-ecu:tive 18· O'i""'en the power to deal WI'th foreign sesses the attributes without limit, and so far forth as it has clothed its con .l..la J..l.l .£JA o~ • · stitut.ed rulers with functions that involve these attributes under li.mi±s; it nations or to receive ambassadors and other public ministers. knows no su:perior to itself. It is not subordinate to any other political so He is likewise o-iven the power, by and with the advice and con- ciety or gonrnment. Such a political society is a. state; this state posses es o• d d th bl' · political sovereignty. It may have any orgamzation, from the pnTe t democ- sent of the Senat.e, to appoint am.bassa · ors an o er pu IC mm- racy to the most .absolute monarchy; but, considered in its reL.'l.tions to the isters. It would be a waste of time to support by argument the rest of mankind and to its own individual members, it must exist to the ex- proposition that the recognition of independence isy under the tent, at least, of enacting law for itself as an integral commonwealth among Constitution, an Executive function. nations. It has been ably argued at other sessions of Congress, has been It must, of course, in some way govern itself and be legally free ex8rcised as an Executive function from the beginning of the from external control over its affairs~ It is important here to Government, and is supported both by the. decisions o~ the courts note the following from Professor Pomeroy, page 50: and the opinions of ou:r leading statesmen. To cite authorities in When it is said that enry state is independent and sovereign, that is, free support of it is an affectation of learning, and especially since the from dependence upon any other authority and having capacity to legislate · [M H ] fully for itself, we mean legal dependence-dependence according to some presentation in the Senate by the Senator from M arne r. ~E constituted order of things, through which the will of one community may of the authorities contained in Senate Documents 40 and 56, Fifty- be legitimately imposed upon another. Moral dependence can not, of course, f -+h C d · I think · this d bate the h s · be ])revented. A weaker nation will often be subjected to an o.verwhel..ming OlU l.t ongress, secon SesSIOn. ill e ra a :in.fiuence from a powerful neighbor that will go. far to Shaj>e its policy ana been no challenge, save perhaps one, qualifiedly, that it is an Ex- suggest, if not dictate, its ~islation, butitis none the lesslegallysonreigu; ecutive function. Being an Executive function, it is for the ithasnonetheless international rights. * *. * There must be organiza President to determine when to exercise the powe:r. tion however simple; a goYernment a.nd ;Iaws of some form snffi.cient and That a ~emature and unJ'nstifiable recoguition of a revolting capable of securing at home the observa.n.ce of rightful relations with other P L states. .It is certainly not necessary tha. t the people of a state should be homo province as an independent state may be taken by the parent state geneous, nor is it essential that all of their laws should be the same through- to be an unfriendly act and a just provocation for. 'Y'~ does n_ot out th.e extent of the national teiTitOl>y. in any wise derogate from the powe1·. One may cntic1Be the WIS- Professor Woolsey says:. dom of recognition in a given case, but no one can successfully It is scarcely necessary to add that a difference of size-and of power neither impeach the validity of the.act. .It is not~ decJar~tion of war by adds ro nor subtracts from the sovereignty of a state nor affects its rights the President, nor an exerCise of mtervention. It IS but the exeT- in any particular. ci e of a conceded power which may involve the country in war. Chief Ju.stice Marshall said, speaking of the equality of states (Pomeroy s Constitutional Law, sees. 671, 672.) (10 Wheaton, 66), "Ru sia and Geneya haveeqnalrights," and so INTERN.A.Tio:s-.AL LAw JU TIFIEDTHE PRESIDENTDJmERING moRELA- the United States and the Republic of Panama have, from the TlONS WITH THE REPUDLIC OF PANAMA NOVIDrnER 6. standpoint Of international law, equal right . The Pres~dent s action in recognizing on the 6th of November Professor Pomeroy upon this subject says.:. the independence of the Republic of Panama by entering _into But this equality is. of course, only legal. It is certainly not moral. Nor relations with it was not only within his power, but was stnetly does this equality of rights always shield a weaker nation from unjust de in accordance with the settled principles of international law :O~:~rJ>:=~~!~uct, acts of violence and wrong, at the handso~ more upon the subject. On that date there no ~anger remaine.d-and no one can challenge this statement-a vestlge of Colombian ~u- Of course the laws which were in force on the Isthmn.s. of Pan thm1.ty or power on the Isthmus of Panama. The Colombian ama prioT to the revolution which separated the State from troops which had been sent there ha~ _sailed awa~. The ~overn- Colombia would continue in farce untl1 changed by the new Eov ing power of the Isthmus was a proVISional comnnttee, whwh had ereignty. To permit them to remain in force and to enforce abe created a temporary government under the name of the Republic dience to them was an adoption of them, and in itself an exercise of Panama. It had, it is trne no constitution. It had no laws of of sovereignty_ By every test l.aid down by international law its. own enactment: except so far a.s the governing body, supported the Republic of Panama on the 6th of November and on the 13th by the people, changed existing laws. ~t was supported by the of November was sovereign and independent. Its internal saver people. It enforced law. It protected life and property. eignty was complete; its independence was complete. Recogni- 1904. OONGRESS.IONAL RECORD-SENATE. 2141 tion of fue fact of independence did not add to its sovereignty or Iboth-tJ:le reas?r;t of the thing anq the ~nc;ien,t and modern pra.ctic~ Qf n~tions independence, but operated to admit it, so far as the United are qmte declSlve. · : States was concerned, into the family of nations. Mr. Dana says, Dana's Wheaton, page 42: I am not at all oblivious to the fact that there is a distinction But with reference to a final recognition by a general treaty or by the as- between the recognition of the de facto government or adminis- tablishing of full diplomatic intercourse a more positive rule can be laid tration of an independent state and the recognition of an inde- down. The only test required is that the new state shall be in fact what tM . h recognizing state assumes it to be, for it may be conceded, once for an, that pendent state. The state is one thing, its government IS anot er. it is among the necessities of nations to have treaties and diplomatic mter• International law recognizes the right of the people of a nation course with existing states. The practice of nations furnishe the best defi· · d · d d t t han th · f f t nition and limitations of the condition of things in the new state which will recogru.ze as In epen en: o c ge err orm 0 governmen · justify such a recognition. It is not necessa1y that the parent state or the de- Revolution may destroy a monarchy and substitute a republic, posed dynasty should hat·e ceased from all ejf01·ts to regain its pou:er. On the or it may destroy a republic operating under a constitution and other hand, it is necessan; that the contest should have been t·irtually decided. substitute for it a dictatorship without destroying at all the identity of the state as a member of the family of independent Manning saysr page 100: states. In such case instructions to an amba ador or minister Public recognition for the purpose of general intercourse on equal terms of a newly formed~ though perhaps not yet firmly established, government. to recognize that government which de facto administers a pre * * * It need oruy be added here that the recognition of a de facto govern viously recognized independent state are necessary: and may be ment no longer actually sh·uggling with its armed enemies requires very few special grounds of justification, while active interposition in a contest given at qnce. still progressing requires very many. It is not a recognition of independence, nor does it commit the Government to the proposition that the de facto government is a Hall says, pages 77 and 78: 1 de jure government. We have had a great number of such in 1. Definitive independence can not be held to be established, and recog stances, of course, in our history. Minister Washburn was ac nition is consequently not legitimate so long as a su.bstantiql struggle is be ing maintained by the formerly sovereign state for the recovery of its credited to France when she was an empire under Louis Napoleon. authority; and that When the Empire was overthrown and the Republic was substi 2. A mere pretension on the part of the formerly s0vereign state, or a tuted for it he was instructed to recognize the new Government, struggle so ina-dequate as to offer no reasonable ground for supposing that succe may ultimately be obtained, is not enough to keep alive the rights of but the identity of France as an independent nation was not in the state, and so to prevent foreign countries from falling under an obliga* terrupted nor did the recognition of the-Republic involve in any tion to recognize as a state the community claiming to have become one. wi e the question of independence. The same thing was true of Brazil. Historicus says (Creasy, p. 680): But where a state is dismembered by revolution and a revolt On the other hand, if persons who once owned the relation of subjects have been able, either by force of am1.s o1· otherwise, to dive t themselves in a fina.l ing province becomes in fact sovereign it becomes in fact i'nde and p3rmanent manner of the status of subjects, then diplomatic transac pendent, and a recognition of the goyernment in such case is a tions with such persons afford no justifiable ground of offense to their former recognition of the independence of the state. De facto independ sovereign, nor can they be regarded as a breach of neuh·ality or friendship. ence is de ftu·e independence in international law, for States do Lorimer says (vol. 1, p. 24): not inquire concerning the right or wrong of revolution which That a doctrine of recognition of some sort must form the basis of the posi: brings independence. In such case the rule as to recognition in tive law of nations is a subject on which there is, I believe, no difference of point of conditions and time is different, yet well defined. It is opinion. The de facto existence of the nation being given, that its de jure said by Mr. Wheaton, Lawrence's Wheaton, page 28: recognition by other nations becomes a right inherent in it, and a duty in cumbent on them, is an application of the de facto principle, the universal ad· Sovereignty is acquired by a state either at the origin of the civil society mission of which in practice, if not in theory, is one of the strongest historical of which it is composed or when it separates it£elf from the community of arguments for the soundness of the de facto principle itself. So far the rights which it previously formed a part and on which it wa.s dependent. This of the nation are on a level with the rights of the person, and international principle applies as well to internal as to e:rternal sovereignty. But an im law is on a level with municipal law. portant distinction is to be noticed in this respect between these two species of sovereignty. The internal sovereignty of a state does not in any degree Apply these principles to the Republic of Panama, as it existed depend upon its reco~tion by other states. A new state springing into ex istence does notreqmre the recognition of other states to confum its inter on the 6th and 13th of November, and the justification of the· nal sovereignty. The existence of the state de facto is sufficient in this re President's act is complete. spect to establish its sovereignty de ju:re. It is a state because it exists. Mr. HOAR. May I ask the Senatol' from Wisconsin a question The recognition of a new state, of course, involves delicate and in order that I may unde1·stand his proposition? sometimes difficult questions, so long as the- parent state has re Mr. SPOONER. Certainly. fused to recognize its revolted subjects. Mr. Pomeroy saysl page Mr. HOAR. I suppose the Senator does not mean to state that 30.'3: there is any difference in the power of the President of the United Under such circumstances may other nations, disregarding the attitude States in the two cases? of the parent state, take the final step 3Jld make a formal, absolute recogni Mr. SPOONER. Oh, no; not at all. The power of the Presi4 tion of the independence, sovereignty, and equality of the new society, thus dent to recognize the new government of an independent state and treating it, so far as they are concerned, as de jttre as well as cle facto a state? All writers upon international law answer this question in the affirmative, to recognize a new independent state is the same. The one is as and assert that such recognition, when properly made, gives no just cause of ample as the other. Each is derived from the same language in offense to the parent state. The universal practice of civilized nations is in the Constitution. Only in international law it is customary, and perfect accordance with these doctrines of the publicists. Under what cir cumstances, then, is such a formal recognition justifiable? perhaps necessary, often to more quickly recognize a changed government or administration of an independent state than in Speaking of recognition of independence, he says: the case of a new independent state. This grade of recognition necessarily implies that, in the opinion of the na 1\Ir. HOAR. The Senator will pardon me. I did not put the tion recognizing, the revolted community has completely succeeded in estab lishing its actual independence, and the parent tate has completely failed in question as indicating for a moment a doubt on my part of the its attempts at coercion, and that all further attempts will be equally unsuc correctne s of the proposition now made, or because I misunder4 cessful. There must, therefore, be a very different state of circumstances to stood the Senator. But I was afraid his sentence. that there was warrant this grad.e of recognition than is sufficient to justify either of the le r grades. this great difference between the two, following what he had just The revolted province must have been able to maintain its integrity, its said, might be understood in some quarters to imply a difference government, its exclusive control, over a definite country. It must have in the powers of the President. entirely repelled all attempts of the parent state to recover that country or to exercise jurisdiction therein. Further still, the parent state must have Mr. SPOONER. I have not the slightest doubt that the sen either virtually ceased to make any organized attempts to recove•its hold tence as I uttered it justly challenged the Senator's attention, and and reassert its dominion, or it must be evident that these attempts will be I thank him for giving me by his question an opportunity to dis4 fruitless. Under these circumstances, if a foreign power grants the formal, ab olute recognition, the parent state will have no ground for complaint. claim any such thought, because there is no possible distinction The effect of such recognition is to admit the new state into the family of between the President s power in the one case and his power in nations and to clothe it with all international rights. the other. Phillimore sums up the discussion, volume 2, pages 19 and 20: Mr. TILLMAN. Mr. President-- The PRESIDENT pro tempore. Does the Senator fro!D. Wis· Speaking generally, two facts should occur before this g:rave step be taken: (1) '!'he -practical cessation of hostilities on the part of the old state, which consin yield to the Senator from South Carolina? may long precede the theoretical renuncin. tion of her rights over the revolted 1\!r. SPOONER. Yes, sir. member of her former dominions. (2) There should occur the consolidation Mr. TILLMAN. The Senator from Wisconsin is discussing a of the new state, so far, at least, as to be in a condition of maintaining inter· national relations with othar countries; an absolute, bona fide possession of very important and interesting phase of this subject, and merely independence as a separate kingdom, not the enjoyment of perfect and undis in order to get some light from a legal standpoint I am going to turbed internal tranquillity, a test too severe for many of the oldest king ask him what are the President's powers, acting under a treaty, doms, but there should be the existe~ca of a government acknowledged by the people over whom it is set, and ready and able to prove its responsibility in relation to the preservation of the transit, and the condition for then· conduct when they come in contact with foreign nations. which would arise after the railroad, for instance, or the canal, Where such P. ~overnment as this exists, the q.uestion of formal recognition or whatever it is, changed its owneTship? Now, we were pro is rather one which concerns the inte1'lllll policy of other kingdoms than a question of an international character. Bu.t the ,·ejusaZ 01· the 'Withholding of tecting the transit, but we had a treaty with Colombia. After the consent of the old state, after the semblance of a present contest has ceased, we recognized Panama did the same condition exist, and did tho upon the ba1·e chance that she may one da?J or other ,-eco1.'e1· her authority1 is no President have the same right in law, international or otherwise, le!]itintate bar to the complete and formal recognition of tlte new tate-oy the other conimunities of the world, though it iS most desirable that this recogni to preserve the transit? tion should follow, and not precede, that of the old state. Upon this point Mr. SPOONER. I will get to that. 2142 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, Mr. TILLMAN. Well, I want the Senator to get to it. It is are going to build a canal through that country for our benefit on this very subject of the Pre~iident 's power. I do not want him and for theirs too? ' Why did we wait until after the treaty had to forget this point. been rejected at Bogota before we found out that those people Mr. SPOONER. I am hurrying to it; but I want to say, in re were so much oppressed, that they were in such a horrible condi ply to the Senator from South Carolina, that what the United tion of being tyrannized over and robbed? States did on the Isthmus of Panama in protecting the transit it Mr. SPOONER. Does the Senator deny that ever since 1885 would have had an ab olute right to do without any treaty in a they were deprived of their Government and all that? counLry which acknowledged nq law and which was either habit Mr. TILLMAN. I do not doubt it. ually incompetent or unwilling to afford the protection of law to Mr. SPOONER. Does the Senator deny that they were bru- foreign citizens, their lives, and their property. tally oppressed? Mr. TILLMAN. Does the Senator first appeal to the law and Mr. TILLMAN. I do not. then to the higher law? Onght we not to confine ourselves to the Mr. SPOONER. Does he deny- one or the other and not take both? Mr. TILLMAN. Mind you, I do not admit it, and I do not Mr. SPOONER. I was not appealing to any higher law when deny it because I have not been there, and I am a little skeptical I asserted that, independent of the treaty-and I think my friend about the report that come here. I think there ha been a fear the Senator from Colorado [Mr. TELLER], who is a great interna ful lot of lying done. tional lawyer, will agree with me-if there had been no treaty, and Mr. SPOONER. I think myself there has been a good deal. our citizens, with their property and their families, were resident As the Senator will neither admit nor deny it- in a country which wa' lmable or unwilling to enforce law for Mr. TILLMAN. I will do this- then: protection, it is inherent in and is the power and duty of the 1\lr. SPOONER. Then his answer to my que tion ought to be, Government to see to their protection. "I do not know." Mr. TILLMAN. I will acknowledge that, and the Senator Mr. TILLMAN. Well, I do not know. But what I want to need not go over my head to the Senator from Colorado. The point find out from the Senator, if he is willing to tell me, is why we I can not understand is why the Senator first appeals to our treaty have merely discovered at thi late day, after the treaty has been rights with Colombia and then, after I ask him to e·xplanl the con rejected, that those people at Panama were so tenibly oppres ed? dition which existed after the treaty died by reason of the sever Now, if you are going to bring a parallel between our interfer ance of Panama from Colombia, and whether the President then ence in Cuba and the great good we did tho e people, and the situ had any right under the treaty~ he jumps onto the inherent right ation in Panama, in order to soothe the American con cience in to protect citizens in jeopardy and all that kind of thing. the action that we have taken in Panama, that is one thing. But Mr. SPOONER. 1\fr. Pre ident- we ought not to play double with ourselves and undertake to de Mr. TILLMAN. I am trying to get back to the actual legal ceive ourselves into the belief that we are doing a great and noble question as to what were the Preside::1t's powers and rights with and generous thing in relieving Panamaians from di tres and regard to this spot of ground. from oppression. If there was not a canal in it; if-as the Sena " Mr. SPOONER. Before the Senator came into the Chamber I tor from Maasachu etts has graphically and in a dozen lines por attempted to how, and I am not going over it again, that under trayed th~ situation-if the big policeman had not been warned the treaty, which grantecl us the right of way or transit and by this Government that the man under arrest (Colombia) must guaranteed it, if Colombia failed to make that guaranty good, hand over the jewels to us, the Senators argument and all of his there inhered in the treaty right the power on our part to utilize contention would meet my hearty approval. it· and I said that if there were no such treaty :right, we would l\Ir. SPOONER. Now- h~ve the right to do on the Isthmus just what we have done. Mr. TILLMAN. But with the canal- Mr. TILLMAN. 1\Ir. President- .Mr . SPOONER. Now I will answer the Senator s question. Mr. SPOONER. Now,if my friend-and I rarely object to his Mr. TILLMAN. I will sit down. interruptions, but I have spoken too long-- Mr. SPOONER. Very well. The Senator seems to be worried Mr. TILLMAN. I do not like to interrupt the Senator. He is about this propo ition only because there is a canal in it. In other tired. I have no doubt he is, for he has been speaking for several words, to put it concretely, the Senator would say that the people hours. I do not want to trespass on his good natlu-e. I merely of Panama had been for a great many years grievously-- have a little doubt in my mind as to whether we can take advan Mr. TILLMAN. Oppre ed. tage of two points oflaw here. Either we must confine om·selves Mr. SPOONER. With unspeakable brutality and greed and to our treaty rights or we must confine om·selves to the general selfi hness oppre ed. They had, if ever any people had, ground international law. for revolt. During many years the United States bas helped to Mr. SPOONER. Does the Senator doubt our right to utilize fasten the shackles upon them and to maintain the tyranny over the right of way or transit under the treaty? them. At last they revolted. There came a situation where they Mr. TILLMAN. None in the world. were the only governing power on the Isthmus. They established :Mr. SPOONER. Very good. If there were no treaty and our a government. They called it a republic. They set about the r citizens had gone down there, and they were about to be destroyed, formation of a constitution. They held the only election that has both as to life and property, in a country which did not protect been held on the I thmus for many many years. Their repub them, does the Senator doubt om· right to protect them? lic was supported by all the people. Mr. TILLJ\1.AN. None in the world. The United States, upon every principle that is dear to us-that Mr. SPOONER. Then what on e:1rth is the difference between spirit and principle which moved us to go to war for Cuba-obey the Senator and myself? ing every dictate of humanity, ac~ording to the Senator, ought to Mr. TILLl'tf.AR. The difference is that the Senator has not have ?'ecognized it, but the PTenident should not have done this shown yet and I was trying to get some light in my own mind righteous act because there 1.cas a canal in it, notwithstanding the as to wher~ the legal right lay. I want to ascertain what right only hope of prosperity and happiness for the Isthmians is the the President had to warn Colombia not to land troops within canal. Is that it? 50 miles. Mr. TILLMAN. That is it from our standpoint, but it ought Mr. SPOONER. I think the President had every right in view not to be it from the standpoint of high morals or honesty. of the history which is in this book, and which, perhaps, the Sen Mr. SpOONER. Then, Mr. President, it amounts to this: All ator has not read-and if he has not I commend it to him-to warn that the United States has done down there, that the Pre ident Colombia, belated and neglectful after long notice, not to land has done, has told for liberty, told for righteou ness, told for good, troops anywhere on that Isthmus that would bring about speedily and is beyond criticism, worthy of all praise, if the President had a fight in Colon or Panama or along the line of the railway. only in addition disobeyed the act of Congress and ?·efused, lest the Mr. TILLMAN. Now, Mr. President, if the Senator will allow motive and hono1· of this country be un}ustly attacked, to take the me, ¥can not help-- canal u;hich Congress has conunanded hint to obtain if h ~ could. Mr. SPOONER. Ju t as Pre ident Cleveland did in 1885. If there is any comfort to the Senator or any of his associates in Mr. TILLMAN. The point I want the Senator to explain, if that logic, they are welcome to it. he will, is why at this late day he wastes sympathy-! will not say he wastes it- EVIDEXCES OF STABILITY. Mr. SPOONER. I guess I waste it so far as the Senator from :Mr. President, these interruptions, not pertinent to what I was South Carolina is concerned. considering, and involving repetition, have taken up too much of Mr. TILLMAN. On the Panamaians, or whatever you call my time. them. I will just say the inhabitants of Panama-- The President found a republic well e tablished, with every Mr. SPOONER. That is all right. reason in the world to regard it as a stable republic. Why? Not Mr. TILLMAN. If these people were so downtrodden and op onlywas there no' substantial struggle" progressing on the part pressed or such subjects of sympathy and charity and pity, why of Colombia to reassert her sovereignty but there was none what did not the United States step forward and say to Colombia, ever. None had been prepared or attempted, e~cept as evidenced ''Here, we a!e going to take these people under our wing. and we by the arrival of the 450 men, who quickly sailed away, Colom- 1904.: CONGRESSIONAL RECORD-SENATE'" 2143 bia, after a three years' war,justended, was exhausted to the point that it violated her constitution. She could not make the treaty of ruin, as General Reyes says in his con-espondence with Secre with us on the ground also that it diminished her sovereignty by tary Hay. Probably he had better opportunities for accurate giving us the right to maintain courts of justice there, before knowledge than Senators have. With4,500,000people she had an which our own citizens and the subjects or citizens of other gov army of only 10,000 men, as General Reyes says, and probably he ernments than Colombia. suing our citizens might appea1·. knows. She wanted to give us the treaty, but could not, because the Colombia iB absolutely bankrupt. She has no Cl'edit abroad, honor of the Government, the oaths of the Congressmen, would not and one hundred million or more of irredeemable paper currency permit it. But the moment she found that the United States would at home. She has no navy of appreciable efficiency. She is iso not any longer be her ally in tyranny; that there was a concen lated from the Isthmus of Panama, and General Reyes says: ''It trated, well-prepared revolution pending on the Isthmus, and is known that there is no overland way to reach Panama with realized her weakness, she came to us with characteristic incon troops from the interior .of Colombia." Nor is that all. Colom sistency, saying that if we would play the old role again, would bia has troubles nearer home. Cauca, the most powerful of her shut out the sun, which is for the first time shining in many years States, is and has been on the verge of revolt. The same thing over the people of Panama, and put them back under the tyranny can be said of Antioquia, and there are others. Already, in order which has oppressed them, she would give us the treaty just as it to prevent the dismemberment of Colombia, the Bogota Go ern had been signed. But it was too late. ment has issued an order to all governors to immediately call for llli.·. TILLMAN. Will the Senator allow me another question? an expression from theu· different municipalities as to the urgency Mr. SPOONER. Yes. one. of some constitutional reforms, and as to how they belie-ve these llli.·. TILLMAN. I believe the reason why Panama seceded was shall be brought about. (Buchanan, S. Doc. 95, p. 35.) · because the treaty was rejected. Was not that it? On the same page will be found a letter, which would be a credit .Mr. SPOONER. If the Senator would only read the declara to any man, from General Triana, the commander of a division, tion of the people of Panama-- and actually president of the .council of the Department of Cauca, Mr. TILLMAN. Ohc~ we do not want any manifestoes gotten in which General Triana says: up in New York. Since your excellency desired tD know my views, I have expressed them Mr. SPOONER. The Senator does not want anything except openly and frankly. In the same way it is my duty to inform your excel to have his own way about this business. len w; that the indignation is ~eneral in the Cauca in consequence of the blun ders in Bogota, and that in spite of information which the Government may Mr. TILLMAN. No; I want to have the right to have my own have received to the contrary, the idea about separation is almost unanimous. ideas abont it. To crush that opinion not a smgle battalion could be organized, because the Mr. SPOONER. Is the SenatoT willing to ignore as a power outcome would be futile. Further, if the Government wishes to keep intact the integrity of Colombia, instead of attempting the task by the use of bayo ful element {)perating upon the people of Panama this long-con nets it would be well to empower commissions to carry out the work diplo tinued reign of outrage and robbery? matically, offering something that shall be complied with in admin.istrati>e Mr. TILLMAN. Now, will the Senator allow me to answer matters of municipal life which does not exist, and of civil and political him? Uberty.The events m· P a.nama be'u1~ accomplish e d f a cts, there IS,· m· my opm10n,· · Mr. SPOONER. I have to allow the Senator to answer no other recourse left but to convene a national convention, to be composed Mr. TIL.LUAN. My idea about this matter is- of the leading representatives of all the political parties, in order to come to . an agreement as to a modus vivendi, and contrive to heal the wounds inflided Mr. SPOONER. But I beg the Senator to be brief. on the nation. Mr. TILLMAN. The Senator has proved very conclnsi-vely In the condition she was in at home, Colombia did not ·dare send that there would have been no secession but for tyranny. But sufficient troops to attempt the resubjugation of Panama. The somehow or other that tyranny never came out in the open. We people of the Isthmus had a right to take advantage of the exhaus never heard anything about it until the treaty was rejected. And tion and wea.kness of Colombia, and in considering the question now the Sena.tor plays us on both prongs. He takes advantage of of recognition the President had no right to close his eyes to the either side of this issue that is pTesented. It is either tyranny or same condition. it is becanse the canal treaty was rejected. Now, the Senator Nor is that all. General Reyes, in his correspondence with ought to confine himself to one or the other of those issues. Secretary Hay; recognizes the impracticability of a resubjugation 1\Ir. SPOONER. I have said that the people revolted because of Panama. He says: of the tyranny, because there was but one ray of hope, one path If Colombia llad not suffi,cient force to compel Panama to remain a part of way to light out of that darkness, and that was the canal and the national unit it would, without doubt, have asked the mediation of some through it the consequent pro perity of tJ1e Isthmus; and that friendly country in order to reach an unde1·st.'l.nding with the de facto gov when the door was locked upon that canal and all thingst.aken to ernment whick has been established there. gether they l?ecame desperate and resolved to be free or to die, and In the same letter he speaks of the true character of the new if the Senator fr{)m South Carolina had been there he would have State of Panama, as he does of the dread, because af the example been the chief of the conspirators and revolutionists. of the people of the Isthmus, of the" anarchy, license, and disso Mr. TILL:ll.AN. You have paid me a great compliment. lution which a future dismemberment might occasion.'' He ought Mr. SPOONER. When the Senator says I pay him a great to know: Nor is that all. In a. cablegram from our minister at compliment, he speaks the truth, and he admits unwittingly the Bogota, November 7, there comes from the minister of foreign force of all I have said. a:ffail·s of this worn-out, til·ed-out, bankrupt Government, in many Mr. TILLMAN. Lest the Senator's remarks should be taken ways much to be pitied, the desire to be informed whether- too broadly- Also, if the Government of the United States will take action to maintain Colombian right and sovereignty on the Isthmus in accordance with Article Yr. SPOONER. It can not be naiTow. XXXV, the treaty of 1846, in case the Colombian Government is entirely unable 1\Ir. TILLMA.N. I want the SenatoT to recall the fact that I to suppress the secession movement there. have had some opinions and I have expressed them about this busi While Senators here are proclaiming glibly and repeatedly that ness in a brief way here, and I spoke of the Colombians as a Panama could not have lived a day had our ships and support mangy lot. been withdrawn, the Government of Colombia is officially ap I\fr. SPOONER. You took it back. pealing to us to know if we would not suppress the Republic of Mr. TILLMAN. No; I did not take it back. I stand by it. I Pa,nama under the treaty of 1846 in contemplation of the entire have never taken it back. The Senator has made them out a heap · inability of Colombia to suppress the secession movement there mangier lot than I have ever said or thought. Therefore the Sen herself. Who knows best as to the power of Colombia to retake ator can not say that I am tmdertaking to defend that tyranny that sovereignty, the Senator from.South Carolina or the Colom over Panama. I do not. I simply object to the manner in which bian foreign minister? the United States has dealt with this matter. Mr. TILLMAN. Will the Senator allow me to ask him a .ques 1\:Ir. SPOONER. No, Mr. President, rather than consider this tion? revolution a movement for liberty, as natural as ever came since 1\fr. SPOONER. I made a mistake. [Laughter.] governments were created, to the tmderlying and palpable justifi The PRESIDENT pro tempore. Does the Senator from Wis cation for it, growing out of years of tyranny, the Senator prefers consin yield? to pass suspicious squint-eyed judgment upon the President and Mr. SPOONER. I do. to find some theory for it, all against nature, upon which to ba-se Mr. TILLMAN. I have never made any assertion along the an attack upon a Republican Administration. line the Senator has just been speaking. Mr. TILLMA.l'r. The Senator discloses his own partisanship in Mr. SPOONER. Then I withdraw the question so far as it re charging such thoughts to me. But I want to ask him this ques lates to the Senator. tion: Suppose Colombia had not listened to the complaint of the Mr. TILLMAN. But I want to ask the Senato1·, has not Colom governm· of Cauca-one of her pl'ovinces, a constituent State bia also notified us that if we would reopen negotiations she would would it be our business to go down there and set Cauca up1n the ratify the treaty and give us eyerything we wanted? business of a republic? :Mr. SPOONER. Oh, yes. ·Colombia rejected the treaty upon Mr. SPOONER. No, sir. the ground that it did not give her what she ought to have within Mr. TJ:LL]f.A.N. Now,theSenatormustconfinehim.selftosome some twenty-five ·or thirty million dollars; upon the ground also limitation somewhere. If it is ouT business to become a guardian 2144 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, ad litem for all mixed populations, Latin populations. and others that so long as Colombia maintained her sovereignty over the down in South America and below us to the South, the Senator Isthmus she retained her rights of property; no longer. All ought to say we should do so; and if it is not, why single out the money she received by way of rentals from the railroad concession only one that has a canal and then try to make out that we are and for extensi9ns of time to the canal company before Panama honorably getting in the position we are now in? became independent are hers. They were rentals and money re Mr. SPOONER. If the Senator can not see the distinction be ceived by the proprietor during the proprietorship. The owner tween our relations to the Isthmus of Panama for the last sixty ship by operation of law has changed. It inheres in the sover years and our relations to Cauca and Antioquia and other De eignty, and when Colombia lost the sovereignty she lost the partments of Colombia, I confess my utter inability to give him ownership and the nation which acquired the sovereignty acquired light upon that subject. the ownership. Henceforth the Republic of Panama has alone to deal with the WHY SHOULD THE PRESIDENT HAVE DELAYED RECOGNITION? carral company and its concession, with the railroad company and Mr. President, I emphatically assert that when the President its conce sion. If under the terms of the Wy e conce sion the found that Government established, with no struggle for its con canal company property should become forfeit, would anyone con quest in progress or threatened, exercising sovereignty and juris- tend that it would become forfeited to Colombia, and that Colom - diction throughuut the Isthmus, enforcing law, protecting prop bia could sell it. with a right to use it, to some other company or erty-independent in fact--it was his right and his duty to government? Upon what theory Colombia could acquire prop recognize it promptly, and the facts do not warrant any man in erty under the sovereignty of a foreign government in that way this country in impeaching either his wisdom or honesty of pur- it is impossible for me to discover. If this be not true, it follows pose in so doing. . that although Colombia has lost the ownership which she pos . Now, ::M:r. President. each state is to decide for itself whether sessed by virtue of her sovereignty she is entitled forever, if the or not and when it will recognize an independent state. It is a canal were completed, to collect the rents, and although the canal matter of policy. It d_eperids somewhat upon sympathy, somewhat lies in the ten-itory of another government and under the sover upon interest. The question did not present itself to this Gov eignty and jurisdiction of that government, it is as alien to its ernment altogether as it ·did to governments across the sea wmch owner hip and contl:ol as if the Republic of Panama were Great had no such relation to the Isthmus as we had sustained for nearly Britain. sixty years. - The truth is, in my judgment, that the Republic of Panama It was right for the President to act promptly, justified by the stands as to both concessions as if '' Colombia '' were stricken from sympathy of this people for the downtrodden: by the impossibility the original concessions and the'' Republic of Panama'' inserted. of our denouncing the treaty of 1846 of holding Colombia to the It is for her, not Colombia, now to coment or to refuse to consent enforcement of her guaranty, of continuing to be her ally as an to the transfer of the canal concession by the New Panama Canal oppressor of the people of the Isthmus. It involved our dignity Company to this. Government. It is for her, not Colombia, to as a government and the safety of the Republic, as_a _ s~o r_t canal grant extensions of time to the canal company or to refu e it. It will double the capacity of our Navy; and enable us to reach more is for her alone to insist upon forfeitures or to waive-forfeitures. quickly our coast on the Atlantic or Pacific. It involved the Her title is as complete and absolute as if it were del-ived by grant Monroe doctrine in more ways than one, enabling us through from Colombia. She owns the territory, and she has acquired it that short canal to carry more efficiently its protection to the cum onere. It is burdened with the canal conces ions; a portion South American republics on the western coast. It sub erved the of it is burdened-with a ·railway concession. She owns the prop interest of every South American republic. In short, there was erty. subject to the burdens which were on it when it came to every reason of humanity; of sympathy, of international law, of her through revolution and independence. justice, of reparation, of interest, of safety, why he should recog nize the independence of. the Republic of Panama. EFFECT OF INDEPENDENCE UPON ARTICLE XXXV. . Why should he have waited, and how long_ should he have What else followed the indePendence of this State, Mr. Presi· waited? The unanimity of sentiment among the nation which dent? Upon well-settled principles of international law I insist followed the example of the United States in this recognition is of that the 1-ight granted to the United States by Article XXXV of itself an overwhelming evidence, from the standpoint of inter th9 treaty of 1846 constitutes in international law a servitude, national law. that the President's action was·correct under its recognized in the books and in the operations of governments as principles. Seventeen governments proceeded to place the seal an international servitude, and that the Republic of Panama upon of their a!Jproval upon the action of the President, as follows: becoming independent and acquL-.fug the territory t<:>ok it subject to all the ser_vitude-s and treaty obligations of _Colombia, so far as List of govenwtents which have 7'ecognized the independence of Panama, with · the dates of recognition. they were local in their nature to that territory. In all the refer ences in the books to international servitudes the 1·ight of 1cay or United States_--·--- ______Nov.l3,1903 Nicaragua ...... _ .·-----.... Dec.l5,1903 ?'·ight of pq.,ssage is clearly included. There were some which France ______--··-_ ..... N ov.l6, 1903 Peru _____ .... ··-·------· .Dec.l9, 1903 China ______Nov. 26,1903 Cuba ______- ___ ---- ___ _Dec.23, 1!:03 are considerea an imperfect right, or " customary privilege," but Austria-Hungary ______Nov.27, 1903 Great Britain------· ______Dec.24, 1903 which when embodied in contract or treaty become rights, and the right of passage or way across a territory is not only a servi GermanyDenmark ______--·--- ...... Nov.Dec. 30,190.33 1903 IJ~palyn ======~~~=~~==~ ====B~: ~·,}~ Russia _____ -· ______.Dec. 6,1903 Costa Rica. ____ : ____ -- _____ Dec. 28,1903 tude. but in the nature of a real servitude. Sweden and Norway ..... Dec. 7,1903 Switzerland ...... Dec.28,1903 Hall says: Belgium ...... De_c. 9,1903 What is true as between the new state and foreign powers is true also as between it and the old state. From the moment of independence all trace of ~ It is unaccountable that the approval of these nations, whose the joint life is gone. Apart from special agreement no survival of it is pos agreement constitute international law, should have so little sible, and the two states are merely two beings possessing no other claims on weight with the distinguishe~ Senators who have so bitterly one another than those which are conferred hy: the bare provisions of inter national law. And as the old state continues Its life uninterruptedly, it pos- • attacked the President in this matter. _ sesses everythillg belonging to it as a person which it has not ex_prc lylo t; THE EFFECT OF INDEPENDENCE. so that proper ty enjoyed by it as a personal whole, or by its subJects in vir tue of their bemg members of that whole, continues t:> belong to it. On the The moment the Republic of Panama became independent, that other hand, 1·ights possessed in 1·espect of the lost ten·itory, including 7·ights unde1· treaties relating to cessions of tel'l'itory and demarcations of bound moment from the international standpoint, it.was as completely ary obligations contmcted with t·eference to it alone, and property which is free frodt Colombia as if from the beginning of time the ·a,epublic within it, and which has therefore a local character, or which, though not of Panama had existed as an independent nation. Colombia be within it, belongs to state institutjons localized there, transfer themselres to came absolutely a foreign State to the Republic of Panama. Its the new state pe1·son. (Sec. Z7, pp. 78, 79.) p"eople are no longer under the Colombian constitution, and what Mr. HOAR. Will the Senator permit me to remind him at that legal result follows from that? The Senator from Alabama argues, point that our great fishery rights, if it were otherwise than he and upon my life I can not comprehend such a contention, that states, would · have been extfngtiished by our revolution on the Colombja still owns the canal conces ion and the railway conces one side, or would be extinguished if Canada should separate her sion, and that neither can be transferred to the Government of self from England on the other? the United States without her consent. That is an impossibility, Mr. SPOONER. Of course. Mr. President, in-law. _ Mr. HOAR. So we are pledged to thatdocti-inein the strongest The moment the Republic of Panama became sovereign and in manner. dependentit became the successor-in sovereignty and proprietor Mr. SEOONER. 0~ course; but, Mr. President, I must insert ship to Colombia of the railway conces ion and the canal concession the authorities without comment: as fully as if she had originally granted them. They are all on · A state may limit or qualify its sovereignty and jurisdiction over its ter territory now a part of her domain. B~ing in<]_ependeri~, C~lo~~ ritorial propert y by permitting a foreign state to _p ·tonn within its bounds bia has no more sovereignty over her terntory or ownership Wlthm certain acts otherwise prohibited; or by surrenderm&' the right to·exercise certain pal'ts of its domestic jurisdiction as a protection to others. R~tric her boundaries than I have over the· home of the Senator from tions thus imposed upon the sovereignty of a state are known as servitud~ , Michjgan [Mr. ALGER] in Detroit. It must be admitted, of course, which may be either positive or negative. (Taylor, sec. 217, p. 263.) 1904. CONGRESSIONAL RECORD-SENATE. 2145 NOTE.-The term servitude is borrowed from Roman law, wherein it sig 245. Martens speaks of treaties which create a Eervitude of public law nifies n.n innocent ·use as distinguished from a right. In order to convert the (une servitude dn droit public) in favor of one nation within the territory former into the latter, some kind of contract or stipulation was necessary. of another. The term servitude is borrowed from the civil law of the Ro (Justinian's Institutes, II, Title II. De Servitutiblts.) . mans, where it is used to designate certain forms of innocent use; as, for in A narrower and more technical rule prevails when the parent state is de stance, a right of way across the land of a neighbor. A servitude was distin priYed of a porti~n of its territory whi~h is. erected into .an entirely distinct guished by the Roman jurists from a right, and in order to convert a servi politicalcommuruty. Theco~entreasorungmsuch acase1sthat asamanwho tude into a right some compact or stipulation to that effect was requisite. loEes an arm or leg in battle IS not thereby relieved of any part of his obliga "Si g.uis velit ncino aliqnodjusconstituere pactionibns atquestipulationibus tions, so a state that is so dismembered a-s to suffer no loss of identity re id effi.cere debet." mains bound as before for its entire general indebtedness. "Such a change," The right of innocent ·ttse is only an imperfect right, but under certain cir Halleck says, "no more affects its rights and duties than a change in its in cumstances a right of innocent use may be likewise a right of necessity. ternal organization, or in the person of its rulers. This doctrine applies to Thus the midchannel of a river may be the territorial boundary between debts due to as well as from the state, and to its rights of property and treaty two nations, whilst neither nation may be able to gain access by the river to oblign.tiollS; except so far as such obligations may have 1Jarticula1· reference to its own ports, owing to the set of the current or the force of the wind, with the revoltea or dtSmembe1·ed territo1·y or province." out passing over portions of the river which belong to the other nation; or In other words, as the old state continues its corporate life without inter the territory of a nation may be surrounded by the territory of another na ruption, it re~ a~ genera~ s~te property and all geJ?.era~ bene~ts rest)lt tion., and the former may have no means of access to the open sea without ing from treaties, With full liability for all general obligatlollS With which passing over the territory of the latter nation. Thus the territory of the the new creation taken from its side may disavow all legal connection. The Swiss Confederation is inclosed on all sides by the territory of other nations, new state on its part carries with it only local obligations, whether contracted so that, until the treaty of Vienna declared the nangation of the Rhine, fo1· local objects or secured by a lien on local revenues, and such local duties amongst the other great European ri\'"ers, to be free to all nations, the Swiss as arise out of agreements to maintain the channel of a rive1· or to levy no m.ore nation had not any access to the open sea, except by passing over the terri than cerfain toll.s along its cpurse: (Taylor, sec. 166, pp. ID3,20i.) .. tory of another nation. Servitudes may be classified m vanous ways. They may be "poSitive," Again, a nation may have some portions of its territoryseparatedfrom the consisting "in patiendo " or "negative," consisting "in non faciendo;" "ap rest of its territory "by the territory of another nation; thus the Rhenish parent" or nonapparent. (Citing Holland's Elements of Jurisprudence, pp. provinces of Prussia are separated by the territories of other German powers 195, 196. See Kliiber's interpretation of a se.rvitude.) from the North German and Polish provinces of Prussia. Under circum 257. InternatiOnal servitua.es may be created by express compact, or they stances of this nature a treaty which creates a servitude-in other words, may be based on prescription. Interna~onal sro:vitud~ have the ~ff~ct ?f which establishes a right of way across the territory of one nation in favor restraining a state from the full and entrre exerciSe of r1&"hts of donnmon m of another nation-is held to create an obligation, which may be suspended in one of two ways: 1. The servitude may prevent the sel'Vlent state (i. e., the deed by the occurrence of war, but which revives on the return of peace. state which is subject to it) from free action in some particular rna tter. This Kliiber has given to the expression servitude a much larger interpretation; so is called a negative servitude-a servitude by which the party on whom the much so that if his use of the term be correct, it would seem doubtful whether onus of it lies is under an obligation 1wn facere. 2. A servitude may be a it could be safely maintained that all conventionswhichcreateaservitude of servitude pati, that is, may impose on the partJ: subject to its onus !he duo/ public law in favor of one nation within theterritoryofanotherareperpetnal of suffering that the party who posseEses the right to put the serVItude m m their nature and are not extin~hed by the event of war. Mr. Wheaton force, who has the beneficial jus sen:itutis, shall be at liberty to do ?Omething is careful in limiting his own pos1tion of law to treaties which create" a per on the territory of the servient party which would not be lawful mthout ex- ma71:ent sen;itude," about which there can arise no dispute. (Twiss, Law of press permission if_no sucl!- servitude existed. . . . . Nations, sec. 2!5, pp. 423, 424.) 258. Bluntschli gives as InBtances of the first kind of mternational serVI As to conventions or treaty relations of public right, it is meet to make a tudes, of servitudes nonfacere, the following cases: distinction. (a) A states being under an ~bligation not to keep up_ more tbftn a cer Ther.e are some which are obviously terminated by the Yery fact of the tain number of troops or of ships of war, or not to fortify certam places state going out of existence. Such are those which were personal to the ex within its own territory. tinct state and necessarily presupposed its existence in the character of an (b) The obligation of a state to abstrun from exercising any or full juris independent state subject to the law of natiollS. There are likewise termi diction over the subjects of some other state within its territories. nated treaties of alliance, amity, commerce, navigation, extradition, and (c) The obligation to levy no duties, or only duties according to a specified general association treaties. They may be renewed expressly, but relations limited scale, on things imported by specified foreigners, or on specified for thus renewed are no longer the former relations-they are new rela.tions. eign articles. On the other hand, the condition of things created by treaties of disposition (d) The obli&"ation on a state not to set up custom-houses on its territory is generally independent of the permanency or extinction of the nation that along the frontier of some other state. concluded them. It therefore subsists after that nation has ~een absorbed 25\l. He gives as instances of international servitudes of the other class by one other or more. These treaties frequently bear on matters of private (servitudespati) to which a state may be liable: law, or they may concern the territory, antl under that head also their effect (a) The being: obliged to allow passage of the troops of another state must subsist, as will be exp!a.ined hereafter. through its territories or any portion of them. The German Confederation had the right to occupy the fortress of Lux (b) The being bound to suffer the troops of another state to occupy any embourg, which was the federal fortress. The dissolution of the confedera portion of the territory of the servient state; or to allow another state to ex tion, in 1866, termina.ted this right. Even with the authorization of the states ercise jurisdiction, or to levy duties or taxes in such territory, or to organize of South Germany, the Northern Confederation of Germany would have and regulate postal services therein. been unable to exercise it. 260. 1nternational servitudes may come to an end- When the Kingdom of Hanover was incorporated in the Prussian Kingdom, a) By agreement between the two states. in 1866, the Hanoverian treaties of amity, commerce, navigation, and extradi • b By the dominant state renouncing its right. tion, as well as those relating to copyri~ht, were terminated. They were c~ By nonuser sufficient to raise the presumption of international aban- superseded by the Prussian treaties be::m.ng on the same subject. donment.~ (Creasy, sees. 257, 258, 259, 200; pp. 257, 258.) . On the other hand, Prussia recognized as being still in force the Hanoverian 13. Origin and application of the term.-The term sen;itude IS borrowed treaties or boundary,railroad track connectiollS, etc. from the Roman law, and is applied in the international relatiollS of states ''The rule," says Mr. Bonfils'l. "is that treaties concluded by the annexed to express an obligation upon the part of one state to pennit a thing to be done state with other nations unavoiaa.blyexpire, and thatconventiollS previously m· a 1·ight to be. enjqyed by_ another state within or upon its .terri~ory. The concluded by the annexed state apply ipso facto to the annexed territory. thing done or the nght enJoyed, however, must not be sufficient m amount It is the solution recognized by French jurisprudence. It is rejected by sev· or importance to constitute a t•estriction upon the sovereignty or independ eral authorities, especially as regards commercial treaties." ence of the servient or subordinate state. The state enjoying the benefit or Other relations, rights, and obligations posseESa real character. They con privile~e of the servitude is called the dominant state. The state lying under cern territory. Now, while it may pass int.o foreign hands the territory re the obligation involved is called the servient state. The existence of a servi mains. These relatiollS do not, therefore, lose their foundation from the fact tude is not inconsistent with entire sovereignty and independence on the that the state has disappe.. DEPAR'nJID."'"T OF STATE, [Translation.] Washington, November 3, 1903. (Sent 11.18 p.m.) W A.SHINGTON, D. C., November 9, 1903. Message sent to Nashville to Colon may not have been delivered. Accord DIEHL, Boston: ingly see that following message is sent to Nashville immediately: Upon the arrival of the Marblehead sufficient force must be sent to watch "NASHVILLE, Colon: movements closely of the British steamers seized at Buenaventura and to "In the interests of peace make every effort to prevent Government troops prevent the landing of men with hostile intent within limits of the State of at Colon from proceeding to Panama. The transit of the Isthmus must be Panama.. Protect the British steamers if necessary. kept open and order maintained. Acknowled"e. MOODY. "DARLING Acting." EXECUTIVE SESSIO~. Secure special train, if necessary. Act promply. ' Looms, Acting. Mr. CULLOM. I move that the Senate proceed to the consid· eration of executive business. DEP.ARTliENT OF STATE, Washington, November 4, 1903. (Sent 12.0Z'p. m.) The motion was agreed to; and the Senate proceeded to the con· Commnnicate with commander of gunboat Bogota and state plainly that sideration of executive business. Mter seven minutes spent in this Government, being responsible for maintaining peace and keeping tran executive session the doors were reopened, and (at 5 o'clockand 25 sit open across Isthmus, desires him to refrain from wantonly shelling the minutes p.m.) the Senate adjourned until Monday, February22, city. We s]lall have a naval force at Panama in two days, and are now or dm'ing men from the Nashville to Panama in the interests of peace. 1904, at 12 o'clock meridian. Looms, Acting. NAVY DEPARTMENT, NOMINATIONS. Washingt01t, D. C., NovemberS, 1903. Exe N .A VY DEPARTliE~"T, M. M. Lee to be postmaster at St. Marys, in the county of Pot Washington, D. C., NovemberS, 1903 . tawatomie and State of Kansas, in place of Henry F. Heisler, re .AMERICAN CONSUL, Panama: signed. Message sent Nashville fu Colon may not have been delivered. Accord MASSACHUSETTS. ingly see that the following message is sent to Nashville immediately: "NASHVILLE, Colon: Thomas F. Hill to be postmaster at Georgetown, in the county "In the interest of peace make every effort to prevent Government troops of Essex and State of Massachusetts, in place of Stephen Osgood. at Co~on from proceeding to Panama. The transit of the Isthmus must be Incumbent's commission expires March 6, 1904. kept open and order maintained. Acknowledge. William L. Nickerson to be postmaster at Chatham, in the "DARLING Acting." Secure special trains if necessary. Act promptly. ' county of Barnstable and State of Massachusetts, in place of Looms, Acting. William L. Nickerson. Incumbent's commission expired Decem ber 13, 1903. [Translation.] N .A VY DEPA.RTMENT, MICHIGAN. Washington, D. C., November 4, 1903. NASHVILLE, Colon: Eugene T. Slayton to be postmaster at Lapeer, in the county of Gunboat of Colombia shelling Panama. Send immediately battery 3-inch Lapeer and State of Michigan, in place of Eugene T. Slayton. field gun and 6-pounder with a force of men to Panama to compel cessation Incumbent's commission expires March 6, 1904. bombardment. P.ailroad must furnish transportatiOJl immediately. DARLING, Acting. MISSOURI. Lauriston H. Condit to be postmaster at Canton, in the county [Tra.nsla tion.] of Lewis and State of Missouri, in place of Lauriston H. Condit W. ASHINGTON, D. C., November 5, 190S. Incumbent's commission expired February 2, 1904. ' Bo TON, ca1·e of American Consul, Panama: Prevent recurrence bombardment of Panama.. Acknowledge. NEW JERSEY. MOODY, George F. Breder to be postmaster at Egg Harbor City in the county of Atlantic and State of New Jersey, in place of George NAVY DEP.ARTME..."ff, Washington, D. C., November 5,1903. F. Breder. Incumbent's commission expired December 12, 1903. N .ASHVILLE, Colon: ~r;w YORK. Prevent any armed force of either side from landing at Colon, Porto Bello, or vicinity. William C. Collins to be postmaster at Homer, in the county of MOODY. Cortland and State of New York, in place of William C. Collins. Incumbent's commission expires March 6, 1904. [Translation.] Clarence L. ~g to be postmaster at Tupper Lake, in the W .ASHINGTON, D. C., November 6, 1903. county of Franklin and State of New York, in place of Clarence M~, Woods Hole, Mass.: Proceed at once to Colon, coaling wherever necessary to expedite your ar L. King. Incumbent's commission expired December 13, 1903. rival. Acknowledge. Frank F. Simpson to be postmaster at Highland, in the county MOODY, of Ulster and State of New York, in place of Frank F . Simpson. a Same to commander o! Bost01t at San Juan del Sur, Nicaragua. Incumbent's commission expired December 13, 1903. 2148 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 20, PE!I"'NSYLV .ANI.A. for the fiscal year ending June 30, 1905, and for other purposes, W . H. Longwell to be postmaster at Oil City, in the county of with Mr. HEPBURN in the chair. Venango and State of Pennsylvania, in place of W illiam M. Mc Mr. FOSS. Mr. Chairman, I yield to the gentleman from West Kim. Incumbent's commission expires March 1, 1904. Virginia [Mr. DAYTON] snch time as he desires. James H. Morrison to be postmaster at Marienville, in the Mr. DAYTON. Mr. Chairman, I pr01nise the committee that county of Forest and State of Pennsylvania, in place of James H. I will not occupy very much of the time that the chairman has Morrison. Incumbent's commission expires March 6, 1904. so kindly given to me. It seems to me that it is almost unneces sary to discuss the provisions of this bill, and especially the broad CONFIRMATIONS. proposition of the necessity of maintaining the naval service of the United States. I listened with a great deal of interest to the Executive nominations conji1·med by t~ Senate February 20, 1904. speech of the gentleman from California [Mr. LIVERNASH] last POSTMASTERS. night. · I was impressed with the earnestness with which he pre CALIFORNIA. sented the plea in behalf of American seamen. George Brown to be postmaster at Corona, in the county of I did not understand him to make the assertion that the condi Riverside and State of California. tions he insisted prevailed in the merchant marine existed in the CONNECTICUT. enlisted force of the Navy of the United States, but that there Alfred E. Goddard to be postmaster at Essex, in the county of may be no misunderstanding or misapprehension as to the treat ment of the enlisted force in the Navy and the earnest desire of Middlesex and State of Connecticut. Congress to care for their needs as well as the other needs of the LOUTBI.AN.A.. service, I want to call the committee's attention to the fact that R. Blanchard to be postmaster at whltecastle, in the parish of the American enlisted man in the Navy of the United States to Iberville and State of Louisiana. day is receiving the largest pay of any enlisted seaman in any MICHIGAN. navy in the world; that he is given the best rations that is given Fabiu.s A. Fisk to be postmaster at Colon, in the county of St. in any navy in the world; that he is given more and better cloth Joseph and State of Michigan. · ing upon the date of his enlistment than any other seaman in any Walter W. Harrington to be postmaster at Northbranch, in the navy in the world; that we give them besides this the right to go county of Lapeer and State of Michigan. from the lowest rank to the highest in the American Navy; that Charles E. Ramsey to be postmaster at Central Lake, in the he can pass through the grades of petty officers' force, through county of Antrim and State of' Michigan. those of the officers' force, to the rank of rear-admiral, if his MTh~'ESOT.A. genius and his ability warrants him to do so. Fred N. Corey to be postmaster at Elk River, in the county of In addition to that I want to say that nnder recent regulations, Sherburne and State of Minnesota. which in my judgment are calculated to create a very great ad Ole C. Enge to be postmaster at Elmore, in the county of Fari vance in our na"Val service and in the effectiveness of it, every bault and State of Minnesota. man aboard a ship of war has opportunity now to drill in the training and the firing of our guns, so that he may become an ex NEW H.AMPSHIRE. pert gunner. We have had a good deal of trouble and a good George L. Stokell, jr., to be postmaster at Exeter, in the county deal of difficulty about this. Any of you who will stop a moment of Rockingham and State of New Hampshire. will know it is a very easy matter upon land and upon a stable ~'EW JERSEY. foundation to point a gun at a target with a reasonable hope of Edward Burroughs to be postmaster at Metuchen, in the county hitting it. When you are aboard ship, where you are subject to of Middlesex and State of New Jersey. . the fluctuations that come from the rising from the bottom to the R. Frank Treweeke to be postmaster at Butler, in the county crest of a wave, where there is constant motion, the greatest diffi of Morris and State of New Jersey. culties that the navies of the world have had have been to invent NEW YORK. a system by whic4 they could aim those guns at a target and be Winfield S. Spenc~r to be postmaster at New Rochelle, in the able with any reasonable degree of certainty to hit it. county of Westchester and State of New York. I want to call your attention to the fact that by improvements l\Iyron A. Wheeler to be postmaster at Churchville, in the made largely through the skill of Lieutenant-Commander Sims county of l\Ionroe and State of New York. in recent years, following the researches of Captain Scott, of the Harry F . Zimmerlin to be postmaster at Lyons, in the county English navy, we are now able to accommodate the gun mount of Wayne and State of New York. to those fluctuations which come from the rolling of the sea, so that that difficulty is overcome, and in order to encourage the seamen aboard our battle ships every man of them is gi'"en the HOUSE OF REPRESENTATIVES. privilege of training himself and learning this system and being able to fire the guns and fire them effectively. No matter from SATURDAY, February 20, 190.1;. what quarter of the ship he may come, he who shows the great est proficiency is rewarded for that emciency, and it makes a The Honse met at 12 o'clock m. part of his record and enables him to advance in the service. Prayer by the Chaplain, Rev. HENRY N. CounE...~, D. D. The Journal of yesterday's proceedings was read and approved. So that, as I started to say, the condition of the American sea men aboard the American battle ships, while it may not be ideal, REPORT FROM THE CO:MMITTEE ON INDIAN AFFAIRS. is far and away ahead of the conditions of the men under similar Mr. SHERMAN, from the Committee on Indian Affairs, re cil·cumstances in the ships of other countries. ported back the bill (H. R. 12684) making appropriations for the Now, :Mr. Chairman, I want to say a word or two in regard to current and contingent expenses of the Indian Department, and the general policy of building up the Navy. I congratulate tho for fulfilling treaty stipulations with the various Indian tribes for gentleman from California and the gentleman from Louisiana the fisclli year ending June 30, 1905, and for other purposes; which [Mr. MEYER] and others on the other side upon the very patriotic was re~d a first and second time, referred to the Committee of position which they have taken in regard to the naval service. the Whole House on the state of the Union, and, with the accom As the gentleman from Louisiana and the gentleman from Cali panying report. ordered to be printed. fornia both said, th~ upbuilding of the American Navy is not a Mr. FITZGERALD. Mr. Speaker, I reserve all points of order. partisan question. The SPEAKER. The gentleman from New York [Mr. FITZ Mr. Chairman, the upbuilding and maintaining of the United ~ALD] reserves all points· of order. States Navy is a question as broad as the nation's peace, as the REPRINT OF BILL. nation's honor, and the nation s defense. It includes the protec Mr. CURTIS. Mr. Speaker, I desire to ask nnanimons consent tion of every man, woman, and child from the North, from the for a reprint of bill H. R . 7873. South, from the East, from the West. It is a question npon which The SPEAKER. The gentleman from Kansas asks unanimous all parties can agree. While we may have differences of opinion as to the method of consent for the reprint of the bill H. R. 7873. Is there objection? strengthening this service, the character of the ships that may be [After a pause.] The Chair hears none. built, the expenditures of money that may be put in this navy NAV .AL APPROPRIATIO:N BILL. yard or that navy-yard, the extent of the increase of this branch Mr. FOSS. Mr. Speaker, I mo"Ve that the Honse resolve itself of service, the decrease of that branch of the service, yet the gen into the Committee of the Whole House on the state of the Union eral policy of upholding the naval service is one that is vital to the !or the further consideration of the naval appropriation bill. interests of every man and every woman and every child in this The motion was agreed to. great Republic. Why? With 80,000,000 people in this country, Accordingly the Hou e resolved itself into the Committee of the naturally trained by its recollections of the past and by its his Whole House on the state of the Union for the consideration of tory, there is no man to-day who would have fear or would enter the bill (H. R. 12220) making appropriations for the naval service tain for a moment the question of successful invasion of this coun-