1905. l CONGRESSIONAL RECORD-HOUSE. 3413

John Gretzer, jr., shall hereafter be held and considered to have HOUSE OF -REPRESENTATIVES. been discharged from the military service of the United States as a private of Company D, First Regiment Nebraska Volun- SATUP.DAY, February ~5, 1905. - teer Infantry, on the 23d day of August, 1899, by reason of disa­ bility resulting from a wound incurred in that service and in The House met at 12 o'clock m. the line of duty. Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. '1'he bill was reported to the Senate without amendment, or­ The Journal of yesterday's proceedings was read and approved. dered to a third reading, read the thir~ time, and passed. RESERVATION OF SOUTHEAST LADIES' GALLERY• . HENRY BEEGER. Mr. COOPER of Texas. Mr. Speaker, by special order of the House, 3 o'clock to-day has been set apart for appropriate exer­ The bill (H. R. 16266) to remove the charge of desertion cises upon the acceptance of the statues of Sam Houston and from the record of Henry Beeger was considered as in Commit­ Stephen F. Austin. I therefore ask unanimous consent for the tee of the Whole. It provides that Henry Beeger shall be held immediate consideration of the resolution which I send to the and considered to have been honorably discharged from the service as a sergeant of Battery D, Second Artillery, as of date desk. of January 20, 1851, and the Secretary of War is authorized to The Clerk read as follows : Resolved, That the southeast ladies' gallery be reserved for the rela­ issue an honorable discharge in accordance with this act. tives of Sam Houston and Stephen F . .Austin and for such citizens of The bill was reported to the Senate without amendment, or­ Texas as may attend the exercises appropriate to the reception of the dered to a third r~ading, read the third time, and p~ssed. statues of Sam Houston and Stephen F . .Austin. FREDERICK H. STAFFORD. The SPEAKER. Is· there objection? [After a pause.] The Tile bill (H. R. 15763) gi'anting an honorable discharge to Chair hears none. Frederick H. Stafford was considered as in Committee of the The resolution was agreed to. Wllole. It p1·ovides that J.i"'rederick H. Stafford, late captain PUBLIC CONVENIE ~cE STATIONS IN DISTRICT OF COLUMBIA.. Company G, One hundred and thirty-ninth ~egiment New York Mr. BABCOCK. Mr. Speaker, I call up a. conference report Volunteers shall hereafter be held and considered to have been honorably 'disch:uged from the military service of the United on the bill (S. 4156) for the establishment of public convenience States on the 2d day of September, 1864, and shall be entitled stations in the District of Columbia. The conference report and statement are as follows~ to all the rights and privileges and benefits that ar~ now or may hereafter be provided by law for honorably discharged The committee of conference on the disagreeing votes of the officers or soldiers of the United States. two Houses on the amendment of the House to the bill ( S. 4156) The bill was reported to the Senate witllout amendment, or­ an act for the establishment of public-convenience stations in dered to a third reading, read the third time, and passed. the District of Columbia, having met, after full and free con· BERT E. BARNES. ference have agreed to recommend and do recommend to their respective Houses as follows: The bill (S. 7254) fo·r the relief of Bert E. B3;rnes was con­ 'l'hat the Senate recede from its disagreement to the amend­ sidered as in Committee of the Whole. It authonzes the Secre­ ment of the House numbered one, and agree to the same, with tary of War to amend the record of Bert E. Barnes ~o as to an amendment as .follows : In line 13, of section 2, strili:e out show him honorably discharged from Company D, Ftfty-first the word " purchase " and insert in lieu thereof the word " ap. Iowa Infantry, for disability contracted in line of duty. proaches; " and the House agree to the same. '.rba bill was reported to the Senate without amendment, or­ That the Honse recede from its amendment numbered two. dered to be engrossed for a third reading, read the third time, J. W. BABCOCK, and passed. AMOS L. ALLEN, AGREE~fENT WITH SHOSHONE INDIANS. W. S. CoWHERD, The PRESIDING OFFICER. This completes the list. The Managers on the pat·t of the House. Senate will now take up the bill which the Senator from Wyo­ J. H. GALLINGER, ming [Mr. CLARK] desires to have considered. H . C. HANSBROUGH, The Senate as in Committee of the 'Vhole, proceeded to con­ THOMAS S. MARTIN, sider the bill' (H. R. 17994) to ratify and amend !ill ag~·eament Managers on the part of the Senate. with the Indians residing on the Shoshone or Wmd Rtver In­ dian Reservation, in the State of Wyoming, and to make appro­ Statement ot rn.anagers on tlte pa1·t of the House. priations for carrying the same into effect; which had been re­ The Senate recedes from its disagreement to the amendment ported from the Committee on Indian Affairs with amendments. of the House, making the appropriation for maintenance avail· The first amendment of the Committee on Indian Affairs was, able for the fiscal year 1906, and agrees to the same with an In article 2, on page 11, line 7, after the words " Secretary of amendment, striking out the word " purchase " and inserting the Interior," to insert the following proviso: therefor the word " approaches," to correct an error in the Ana pro1:ided, That nothing herein contained shall impair the ri9_hts language of the measure. under the lease to Asmus Boysen, which has been appro':ed by the ;:sec­ retary of the Interior; but said lessee shall hav~ for tbuty days fr<;>m The House recedes from its amendment reducing the amount the date of the approval of the surveys of said land a_ preferential appropriated for maintenance, leaving the sum for this purpose right to locate, following the Government sur.veys, not to exceed 6~0 as carried in the original Senate act. acres of contiguous mineral or coal lands in said reservatiOn ; that s:ud Boysen at the time of entry of such land shall pay cash therefor at the The question was taken, and the conference report was rate of $10 per acre and e.urrcnder said lease, and the same shall be agreed to. canceled. GEORGE H. BRUSSTAR. The amendment was agreed to: The next amendment was, in article 3, on page 12, line 19, Mr. MIERS of Indiana. Mr. Speaker, I call up the confer­ after the word" reserve," to strike out the following proviso: ence report on the bill (H. R. 17117) granting an increase of pension to George H. Brusstar. Provicled, That the constitution ~nd laws of the .state of Wyoming shall not operate to secure any rights having pnority to those of The conference report and statement are as follows : members of the Shoshone tribe of Indians to the use of th_e waters within the territory hereby open_ed to sale and settlement,, mcludlng The committee of conference on the disagreeing votes of the Big Wind River and its tributanes, for PJ?.rposes o~ iqigabon of .the two Houses on the amendment of the Senate to the bill H. R. lands compris.ed within such territory until such bme as the Umted States shall have perfected allotments to the members of the Shoshone 17117, an act granting an increase of pension to George H. Indian tribe either from the lands to be opened for settlement or Brusstar, having met, after full and free conference have agreed within the diminished reservation of said Indian.s, and comp!eted the to recommend and do recommend to their respective Houses as necessary steps under the law to secure the desired water nghts for follows: the said allotments. . '!'hat the Senate recede from its 'amendment and agree to an The amendment was agreed to. amendment, inserting in lieu thereof, the word "thirty," and The bill was reported to the Senate as amended, and the that the House agree to the same. aniendments were coneurred. The amendments were ordered to be engrossed, and the bill THOS. W. BRADLEY, to be read a third time. CHARLES E. FULLER, The bill was read the third time, and passed. ROBERT W. MlERS, The preamble was agreed to. Managers on the pm·t of the House. Mr. ALLISON. I move that the Senate adjourn. P. J. McCuMBER, The motion was agreed to; and (at 6 o'clock and 37 minutes N. B. ScoT'!', p. m.) the Senate adjourned tmtil Monday, February 27, 1905, JAS. P. TALIAFERRO, at 9 o'clock and 50 minutes a. m. Managers on the pm·t of the Senate. 3414 OONQ-RESSION4L RECORD--HOUSE. FEBRUARY 25, ·

Staternent of conferees on the .part of the Hou.se. gard the persons owning or operating such bridge shall be deemed 2·uilty of" a violation of the provisions of this act, and in addition shall be liable This bill originally passed the House at $24 per month, but in any court· of competent jurisdiction to the persons injured in a sum was amended in• the Senate to $40 per month. The result of double the amount of the injury. . the· conference is that the Senate recedes from its amendment S~JC. 5. That any persons who shall fail or refuse to comply wlih the lawful order of .the S~creta~y of War ·present consideration of the following concurrent resolution. of any structures erected or maintained in violation of the provisions The Clerk read as follows : of this act or the order or direction of the Secretary of War or Chief R esolved by the House of Representatives (the Senate concut·ring), of Engineers made in pursuance thereof may be enforced by injunction, That the President be requested to retl}rn to the House of Representa­ mandamus, or other summary process, upon application to the circuit tives the bill (H. R. 15657) entitled "An act granting an increase of co?rt in the district in which such structure may, in whole or in part, pension to William Tawney." · ex1st, and proper pr·oceedings to this end may be instituted under the directiIllinois whether this bill mitted to and received the approval of the Chief of Engineers and of the Secretary of War. affects all navigable streams in the country? SEc. 2. That any bridge built in accordance with the provisions of Mr. MANN. '.rhis bill, Mr. · Speaker, only affects acts of Con­ this act shall be a lawful structure and shall be recognized and known gress which may hereafter be passed authorizing the construc­ as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions tion of bridges. I may state to the gentleman the Secretary of of war of the United States than the rate per mile paid for the trans­ War now has authority under existing law to grant a permit portation over any railroad, street railway, or public highway leading for the consh·uction of a bridge across a river lying wholly to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and tele­ within a State. · phone lines across and upon said bridge and its approaches; and equal Mr. SCUDDER. I know of that provision of law, and I privileges in the use of said bridge and its approaches shall be granted would like information whether this applies to the whole Union to all telegraph and telephone companies. SEC. 3. That no bridge erected or maintained under the provision~ and to docks, wharves, bulkheads, and piers or only bridges. of this act shall at any time unreasonably obstruct the free navigation Mr. MANN. This bill applies to bridges, and only applies, of the· waters over which it is constructed, and if any bridge, erected I may say to the gentleman from New York, to bridges which in accordance with the provisions of this act, shall, in the opinion of the Secretary of 'Var, at any time unreasonably obstruct such naviga­ are hereafter authorized by Congress. The sole object and pur­ tion, either on account of insufficient height, width of. span, or other­ pose of the bill is simply summed up in this, it avoids putting wise, or if there be difficulty in passing the draw opening or the draw­ the same provisions in all the bridge bills which we do pass; span of such bridge by rafts, steamboats, or other water craft, a shall be the duty of the S~cretary of War, after giving the parties interested so that hereafter, if this bill be enacted into law, it will be . uf­ reasonable opportunity to be beard, to notify the persons owning or ficient that a bridge bill provide that So-and-so be authorized to controlling such bridge to so alter the same as to render navigation construct a bridge in accordance with the provisious of this through or under it reasonably free, easy, and unobstructive, stating in such notice the changeH · required to be made, and prescribing in each act, and we avoid repeating these provisions and avoid a con­ case a reasonable time in which to make such changes, and it at the suruption of the time of the House and cumbering up the statute E>nd of the time so specified the changes so required have not been made, books. · the persons owning or controlling such bridge shall be deemed guilty of a violation of this act; and all such alterations shall be made and Mr. SULZER. Mr. Speaker, I · wish to ask the gentleman all such obstructions shall be removed at the expense of the persons from Illinois one question. I should like to know whether this owning or operating said bridge. The persons owning or operating will change in any way the powers and the rights of the Sec­ any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Secretary of Commerce and Labor shall retary of War now existing under law? prescribe. If the bridge shall be constructed with a draw, then the 1\lr. MANN. It will not draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other 1\Ir. WACHTER. Does it affect railroad bridges as well, water craft. If tolls shall be charged for the transit over any bridge and county bridges built over navigable waters? constructed under the pt·ovisions of this act of engines, cars, street Mr. MANN. It affects any kind of a bridge which requires cars, wagons, carriages, vehicles, animals, foot passengers, or other passengers, then the Secretary of War may, at any time, prescribe the the consent of Congress, and only applies when an act of Con­ reasonable rates of toll for such transit over such bridge, and the rates gress granting permission has been enacted. . so prescribed shall be the legal rates and shall be the rates demanded The SPEAKER. Is there objection? and received for such transit. :Mr. CLARK. Mr. Speaker, I should like to inquire, does this SEc. 4. That whenever complaint shall be made to the Secretary of War that by reason of the placing in any navigable waters of the United give the Secretary of War the right to give anybody permi sion States of any bridge, pier, or abutment, constructed in accordance with to build a bridge across a navi-gable stream who wants to do so, tbi.s act, the current of such waters has been so deflected from its nat­ ural course as to cause serious damage or danger to property by pro­ without any further proceedings in Congress? ducing caving of banks or otherwise, the Secretary of War shall have Mr. MANN. It does not. the authority to cause the owner or persons operating such bridge to Mr. CLARK. Well, what does it do? repair such damage or prevent such danger to property by snch means as he shall direct, and within such time as be may name ; and in default Mr. MANN. If this bill passes, the provisions of this bill are of compliance with the direction of the Secretary of War in that re- those which the committees of Congress now insist shall go into 1905.· . CONGRESSIONAL RECORD-HOUSE.

_-every bridge bill; or which are now in the acts of Congress af­ Statutes of the United States~ which I send to the desk and ask fecting bridges. If this bill becomes a law it will only be nec­ to have read. essary hereafter to bring in a bill something like this, " That The Clerk read as follows : the John Doe Railroad Company be; and it is hereby, author­ · Be it enacted, etc., That section 13 of chapter 394 of the Supplement ized to construct, maintain, and operate a bridge across- the to the Revised Statutes of the United States be amended so as to read a$ follows: That any person who shall submit or cause to be sub­ Richard Roe River, at or near Black Acre, in the State of --, mitted to any postmaster or to the Post-Office Department or any in accordance with the provisions of the act entitled 'An act to officer of the postal service any false evidence, relative to any publi­ regulate tbe construction of bridges over navigable waters,' ap- cation for the purpose of securing the admission thereof at the second­ proved on the date of the appro-ral of this act." ' class rate for transportation in the mails, shall be deemed guilty of a misdemeanor, and for every such offense, upon conviction thereof, shall Mr. CLARK. If you _have to go through that performance of be pu~:li~hed by a. fine of not less than $100 nor more than $500. getting a bill passed for each particular bridge, what good does this bill do? ' The SPEAKER. Is there objection? Mr. :MANN. It will save a great deal of time in the House Mr. BARTLETT. 1\Ir. Speaker, I do not want to object now, and in the Senate, in the co-mmittees and in the War Depart­ but I desire to h.-now what this bill does. ment~ besides preven.ting the cumbering up of the statute books. Mr. OVERSTREET. Mr. Speaker, this measure is recom­ That is all it does. mended by the Post-Office Department, has passed the Senate, Mr. STEPHENS of Texas. What. effect does this bill have and has passed the House Committee on the Post-Office and upon bridges built across ri-rers forming the boundaries be­ Post-Roads unanimously, without any amendment. The only tween two States, or between a State and a Territory? point that it affects is to strike from the present law the words Mr. MANN. If you wish to build a bridge now across such " the character of,'' in the statute which provides a penalty upon a river you must come to Congress and get the authority, but the making of false statements or false evidence submitted when you come to. Congress. for that authority the committees when an application is made to ontain the privilege of second­ having jurisdiction of the bill will insert these provis.ions 1n class postage. Under the present construction of the existing that bill. Jf this bill becomes a law you will still have to come law they are limited in the language to the character of the to Congr~ss for the authority, but your bill will be a short one, publication, which refers to the reading matter; but a false and these provisions. will be in the general statute instead of in statement which might be made with respect to any other that particular bill. It is simply to save time and space. . matter would not be prohibited by the law, and the striking Mr. STEENERSON. It seems to me from the reading of the out of the words "tlie character of" will leave the prohibition. bill that the United States circuit court is given exclusive juris­ of the statute against any false statement which might be made diction of questions arising out of the construction of a bridge, by an applicant seeking the privilege of ·second-class mail. whereas in an ordinary bridge bill I believe the State courts Mr. BARTLETT. It is confined altogether to the second class? and the Federal court are given concurrent jurisdiction.- · Mr. OVERSTREET. Entirely so. 1\lr. ·MANN. I may say to the g~ntleman pn that point that 1\Ir. BARTLETT. I saw a statement in a newspaper some the United States court ·is not given exclusive jurisdiction. but time ago that a sheriff in one of the counties of Michigan had if a bridge crosses a river which forms th-e boundary line be­ been indicted by the grand jury of the United States court tween two States the bill provides that _the circuit ~ourt _upon there because he transferred through the mail a false state­ either end of the bridge may have jurisdiction, and the provision ment to the governor with reference to his transactions. as of the bill in that respect is taken from the existing statutes. sheriff in the county. I thought that was stretching the juris­ :Mr. HUGHES of West Virginia. I want to ask the gentle­ diction of the United States very far. man a question. This bill, I think, is a step in the right direc­ Mr. OVERSTREET. Under existing law before any person tion. The only objection I have to it is that it does not go far can obtain the privilege of second-class postage he must of enough. course ·make an application, with certain evidence. If he makes M_r. MANN. Then I hope the gentleman will not object, be­ a false statement about the transaction, we seek to prohibit it cause we are not willing to go any further. by this statute. but ·unde-r the existing law the language, with _Mr. HUGHES of West Virginia. I think this bill ought to reference to the false statement, is limited to a statement con­ give the Secretary of War the right to grant these franchises cerning the chara·cter of the publication, and would eliminate when he deems it necessary. all other false statements which enter primarily into the essen­ l\Ir. MANN, Many other people think as the. gentleman from tial features upon which the application would be made. ,Wt-..st Virginia does, but the committees of Congress which have Mr. BARTL:mTT. Then, if a newspaper about to be published jurisdiction of these bills have many times seen cases where they applied to the Post-Office Department to ha-re that paper ad­ thonght the Secretary of War ought not to have that authority. mitted as second-class matter and were to make what the De­ Mr. PARKER. I desire to call the attention of the gentle­ partment considered a false statement with reference to its man to this fact, that this bill provides that no bridge can be subscription list, do I understand this law would cover it? built until certain plan~ have been approved, and then it pro­ Mr. OVERSTREET.- It is not limited to the Departinent at vides that those plans shall not be deviated from unless the all. It is a statute~ . and there would have to be proof of the modification has been submitted to and received the approval falsity and the willfulness of the statement. That would have of the Chief of Engineers and the Secretary of War ; but there to be proven like any other criminal charge. is. no provision, such as there ought to be, allowing the Secre­ Mr. BARTLETT. I understand there is alrea.dy a law which tary of War before the erection of the bridge to change those in a measure meets the proposition, but it does not do it com­ pla)ls and impose other arrangements. pletely. · I ask him, tberefore, if he can not withhold this until we can 1\fr. OVERSTREE'J'. It does not, and the principal features perfect an amendment which would cover that, which I know about which the false statements are made as a usual thing are is_within the gentleman's views, because the third section pro­ not covered by the statute. · · vides only for modifications after the bridge is erected, and I Mr. KLUTTZ. 1\Ir. Speaker, I will state to the gentleman have already been through the difficulty of having a. bridge from Georgia [Mr. BARTLETT] that this bill has the unanimous authorized by the Secretary of War, which was a pile bridge report of the committee. and which was remonstrated against by all the people plying on The SPEAKER. Is there objection? the river. The plans thereupon were modified by the Secre­ ·There was no objection. tary of War; but no such power is given in this act The SPEAKER. The question is. on the third reading of the . Mr. MANN. Well, Mr. Speaker, I do not agree with the Senate bill. · gentleman as to tbe power that is within the act. 1 think the · The bill was ordered to be read a third time, read the third act_ is sufficient. and to withhold the bill at this time would time~ and pas.sed. mean its defeat at this session of Congress. On motion of Mr. OVERSTREET, a motion to reconsider the last Mr. PARKER. Will the gentleman allow an amendment cov­ vote was laid on the table: · ering that ground? Mr. MANN. Oh, I do not think so at this time. I hope the AMENDING STATUTES RELATING TO THE POST-DFFICE DEPART.MENT. gentleman will not ·offer it. Mr. OVERSTREET. M~L Speaker. I also ask unanimous con· Mr. PARKER. It will be very short. sent for the present consideration of the following Senate bill. The SPEAKER. Is there objection? The SPEAKER. The gentleman from Indiana asks unani­ 1\fr. RANDELL af Texas. Mr. Speaker, I .object. mous. consent for the conS-ideration at this time of the Senate The SPEAKER. The gentleman from Texas objects. bill which the Clerk will report. The Clerk read as follows : FALSE. EVIDENCE AS TO- SECOND-CLASS MAIL MATTER~ An aet (S. 33.79} to amend section 66 of the act o! June 8, 1872, en· titled "An act to Fevise. consolidate, and. amend the statutes relating l\Ir. OVERSTREET. Mr. Speaker, I ask unanimous consent to the Post-Office Department." for the present consideration o.f the bill (S. 7239) to amend Be it enacted, etc., That whenever any of the sureties of postmasters,. section 13 of chapter 394 of th~ Supplement to the Revised _clerks, or _other persons in the postal service, employed in the Post· 3416 CONGRESSIONAL- RECORD-HOUSE. FEBRUARY 25;

Office Department or elsewhere, notify the Postmaster-General of the RELINQUISHING CERTAIN PROPERTIES IN PENSACOLA, FLA., TO JACO!! desire to · be ·released from theh· ·suretyship, or when the Postmaster­ Gen,eral deems a new bond necessary or expedient, he may require said . LIPPS AND T. E. WELLES. person to execute such new bond with surety. When accepted by the Mr. LAMAR of ~lorida. Mr. ·speaker, I ask unanimous con­ Postmaster-Genet·al the new bond shall be as valid as the bond already given by · such person ; u.nd the sureties of postmasters in the prior sent for the consideration of the bill S. 4699, favorably reported bond ~hall be released from responsibility for all acts or defaults of by the committee. the postmaster which may be done or committed subsequent to the last The SPEAKER. '.rhe gentleman from )!"lorida asks unani­ day of the quarter in which such new bond shall be executed and ac­ cepted, and the sureties of other persons in the prior bond shall be mous consent for the consideration of the Senate bill, which the released from responsibility for all acts or defaults of sucl;l persons Clerk will report which may be done or committed subsequent to the day such new bond 'l'he Clerk.read as follows: becomes operative. 'The Postmaster-General may authorize the can­ cellation of bonds of post-office clerks upon recommendation of the An act (S. 4699) to relinquish and quitclaim to Jacob Lipps, of Pen... postmaster that bonds are no longer necessary. sacola, Fla., his heirs and assigns, and '1.'. E. Welles, of Pensacola, Fla., his heirs and assigns, respectively, all the right, title, interest, The substitute was read, as follows : and claim of the United States in, to, and on certain properties in That whenever any postwaster, clerk, carrier, or other person in the the city of Pensacola, Escambla County, Fla. pos~al service, employed in the Post-Office Department or elsewhere, Be it enacted, etc., That the United States hereby relinquishes and notifies the Postmaster-General of his desire to execute a new bond, or quitclaims· to Jacob Lipps, of Pensacola, Fla., his heh·s and assigns, all whenever any of the sureties of such postmaster, clerk, carrier, or the l'ight, title, Interest, and claim of the United States in, to, and on other person, notifies the Postmaster-General of his desire to be released the following-described property, situated and lying in the city of Pen­ !row such suretyship, or whenever the Postmaster-General deems a sacola, county of Escambia, State of Florida, known and described as new bond necessary or expedient, the execution of the new bond may be follows: Beginning at a point on the north side of Sarragossa street in directed by the Postmaster-General. When accepted by the Postmaster­ said city of Pensacola 100 feet from the corner of Commendencia and General the sureties of postmasters In the prior bond shall be released Sarragossa streets; thence northward to a point on the north line of from responsibility for all acts or defaults of the postmaster which may !ot D; thence westward 8 feet 10 inches; thence southward 34 feet 7 be done or committed subsequent to the last day of the quarter in rnches; thence westward ·15 feet; thence southward to the north line which such new bond shall be executed and accepted, and the sureties of Sarragossa street ; thence along said north line of Sarragossa street of other. per~ons in the prior bond shall be released from responsibility 22 feet to the point of beginning. · for all acts or defaults of such persons which may be done or com­ SEc. 2. '.rhat the United States hereby relinquishes and quitclaims to mitted subsequent to the day such new bond becomes operative. ~- E. 'Yelle~, of Pensacola, ~'la., his heirs and assigns fol'ever, all the FI~ht, title, rnterest, and clarm of the United States in, to, .and on the l\Ir. CLARK. :Mr. Speaker, I would like to inquire of the gen­ following-described property, situated and lying in the city of Pensa­ _tleman how this changes existing law? cola, county of Escambia, State of Florida, known and described as follows : Beginning at the southwest corner of lot C, on the northeast ·Mr. OVERSTREET. Mr. Speaker, the Senate bill, or the corner of Jefferson and Sarragossa streets; thence running east along legis.Iation sought to be adopted in the Senate bill, has been the northern line of Sarragossa sh·eet 134 feet 5 inches ; thence run­ recommended by the Department, and the House Committee on ning northwardly at right angles to the line of Sarragossa street 106 feet 7 inches; thence west 40 feet; thence south 10 feet; thence west Post-Offices and Post-Roads have unanimously reported a sub­ 120 feet to Jefferson street; thence south along Jefferson street to the stitute which meets the feature, in our judgment, better than point of beginning. the Senate bill. Under the existing law the legal advisers of The SPEAKER. Is there objection? [After a pause.] The the Post-Office Department have held that · when once a post­ Chair hears none. master or any postal employee of whom any bond is exacted The bill was ordered to be read a third time; was read the under the law has executed such bond that the liability con­ third time, and passed. tinues as long as such employee is in the service, and if either upon the motion of the postmaster or employee himself, or upon GRANTING PERMISSION TO YING HSING WEN AND TING CHIA CHEN, the motion of the surety for a release, or by transfer of the em­ OF CHINA, TO BECEm INSTRUCTION AT THE MILITARY ACADEMY ployee or promotion of the employee to a different positi9n the AT WEST POINT. liability on the old bond has not ceased. Mr. HULL. Mr. Speaker, I ask unanimous consent for the Therefore this law provides that if the postmaster or any passage of the resolution which I send to the Clerk's desk. other postal employee of whom a bond is properly required The SPEAKER. The Clerk will report the resolution. shall either on his own motion or upon the demand of the The Clerk read as follows : surety for .release,' or upon the requirement of the Postmaster­ Resolved, eto., That the Secretary of War be, and be hereby is, au­ General, who niay deem a· new bond expedient, that in either thorized to permit Ying Hsing Wen and '.ring Chia Chen, of China, to one of those cases surh new bond may be given with surety, receive instruction at the Military Academy at West Point: Provided. and when it is given that the liability upon the old bond, so far That no expense shall be caused to the United States thereby, and that the said Ying Hsing Wen and Ting Cbia Chen shall agree to comply as postmasters are concerned, shall cease and the liability upon fully with all regulations for the police and discipline of the United the new bond shall begin at the· beginning of the next quarter States Military Academy, and shall be studious and give their utmost following the acceptance of the new bond; and, so far as all efforts to accomplish the courses in the various departments of instruc­ tion : And tJt'O 't;~ ded furlhm·. That in the case of the said Ying Hsing the other bonds are concerned, the liability on the old bond Wen and. Ting Chia Chen the provisions of sections 1320 and 1321 of shall cease and the liability of the new bond shall begin upon the Revis~ Statutes of the United States shall be suspended. the acceptance of the new bond. · 1\fr. MADDOX. Mr. Speaker, I reserve the right to object Mr. CLARK. Well, now, this change in the law does notre­ until we can hear something about t.hjs. Jieve the surety of the officer in question from any delinquency Mr. GILBERT. So do I. 1\fr. Speaker, there are half a dozen that he commits while the old bond is in existence? · of young men in my district that would be exceedingly anxious Mr. OVERSTREET. Not at all. · to attend West Point upon precisely the same terms, and while The SPEAKER. Is there objection? [After a pause.] 'l'he I do not desire to enter any captious objection to this resolu­ Chair hears none. tion I would like to have some very lucid explanation as to why Mr. OVERSTREE'l'. Mr. Speaker, the motion is upon the thls resolution ought to pass. . substitute? Mr. HULL. Mr. Speaker, the resolution comes to the House The SPEAKER. The question is on .agreeing to the substi- from the Secretary of State. It is in usual form. It is re­ tute. quested by the Chinese minister. The question was taken ; and the substitute was agreed to. Mr. MADDOX. Mr. Speaker, I want it understood I have The bill as amended was o-rdered to be read a third time ; and the ·right to ·object. was read the third time, and passed. · The SPEAKER. The right to object is understood, of course. The SPEAKER. Does the gentleman from Indiana desire to Mr. HULL. 1\Ir. Speaker, as I was saying, it comes from the ask for a conference? Secretary of State, and I would ask that the letter of transmit­ Mr. OVERSTREET. On the substitute, yes .. tal, both from the Chinese minister. and the Secretary of State, The SPEAKER. The gentleman from Indiana asks for a be read. I desire to say before they are read, · however, that - conference, and without objection a conference is ordered. this is a courtesy the Government has not yet refused to· any The SPEAKER announced as conferees on the part of the friendly nation that has asked this permission. House Mr. OVERSTREET, Mr. GARDNER of New Jersey, and Mr. Mr. GILBERT. Mr. Speaker, I would like to ask the gentle­ MOON of Tennessee. man from Iowa [Mr. HuLL] how many foreigners are now at- BRIDGES ACROSS NAVIGABLE STREAMS. tending that institution? · - · ' Mr. MANN. Mr. Speaker, I understand that the gentleman Mr. HULL. I should think five or six. from· Texas [Mr. RANDELL] is willing to withdraw his objection Mr. GILBERT. How many of them are from China? to the general bridge bill, which was-just read by the Clerk. . Mr. HULL. None. This is the first request that China has Tbe SPEAKER. Is there objection to the consideration of ever made. Mr. Speaker, I ask that the correspondence· be read. ' · tbe bill? [After a pause.] The Chair hears none. Mr. CLARK. I would like to ask if there is plenty of room 'l'he question was taken; and the amendment was agreed to. for these men? The bill as amended was ordered to be engrossed for · a third 1\Ir. HULL. -· My understanding is that there is room enough reading, was read the third time, and passed. for these and all we have authorized. We have authorized two On motion of Mr. MANN, a motion to reconsider the last vote from the South American Republics this Congress. was laid on the table. . Mr. CLARK. And it does not crowd our cadets'l 1905. "\ CONGRESSIONAL RECo-ltD-HOUSE.- 3417

Mr. HULL. It does not crowd our cadets out. objected to by the Department, but is in fact recommended by it. Mr. CHARLES B. LANDIS. Mr. Speaker, I would like to Mr. REID was a member of the subcommittee, and the bill was ask the gentleman from Iowa [Mr. HuLL] if other nations ex­ unanimous1y reported by the subcommittee to the full committee, tend this courtesy to young men from the United States? and the committee have unanimously reported it to this House. ' Mr. HULL. England and France do. I do not know whether Mr. WILLIAMS of Mississippi. Are- the- roads competing any other nations do or not. lines? The SPEAKER. The Clerk will read the letters referred to Mr. CUR'l'IS. They_are not in any way. One is a north and by the gentleman from Iowa [l\fr. HULL]. south road and the other runs east and west. 'l'be Cle~·k read as follows : Mr. LITTLE: I desire to ask the gentleman from Kansas DEPA.RTMEXT OF STATE, one question. Has the litigation in Arkansas been adjusted? Washington, Febrtwt·y 24, 1905. Mr. CURTIS. I have a dispatch from Mr. REID stating that Ron. Jon:i A. T. H ULL, it has been, and there is no objection to the passage of the bill. Chairman Committee on Mil-itary Affairs, House of R ept·esentatives. Mr. LITTLE. My colleague [Mr. REID] was on the subcom­ Sm : I have the honor to inclose herewith a copy of a note from the mittee that had charge of this bill. Chinese minister requesting, on behalf of his Government, that permis­ ·Mr. CUR'l'IS. He was. ' sion be ~ranted to two Chinese young men, named Ying Hsing Wen and Mr. S'l'EPHENS of -Texas. Mr. Speaker, I desire to. ask · Ting Ch1a Chen, to enter the Military Academy at West Point in order . to pursue the course of study prescribed at the academy. the gentleman a question· as to· whether or not this in any way The Secretary of War states in -his letter, a copy of which is herewith changes the line running into the State of Texas-? inclosed, that his Department has no objection to the granting by Con­ Mr. CURTIS. It does not, as I understand it. gress of the necessary permission for these young men to enter the Military Academy. Mr. STEPH;ENS of Texas. It only touches a few miles? I have the honor to inclose herewith, for the consideration of the Mr. CURTIS. . So I understand. Committee on Military Affairs, a draft of a joint .resolution .usual _in Mr. UACON. I would like to ask the gentleman from Kan­ such cases, and to request that, if the committee agree thereto, it may be presented to Congress at its present session. · sas if there .is anything in the charter granted to the Rock A letter similar to this has been addressed to the chairman of the Island Railroad Company that prohibits it or exempts it from Committee on Military Af!'airs of the Senate. paying taxes? . · I have the honor to be, sir, your obedient servant, JOH~ HAY. Mr. CURTIS. The act authorizing the construction of the road does not exempt it from taxation, and th~ act in regard No. 54.] CHINESE l-EGATION, to the Choctaws reserves the right to impose additional taxes, · Wa.shington-, Februat·y n, 1905. and upon the organization of a _ State the same authority is Srn: The Imperial Chinese Government,- greatly appreciating the extended to the State. I have not read the charter and know high standard of excellency which marks _the military education ?f the nothing about it but I do know what the act authorizes. officers of the Army of the United States, and relying _up_on the friendly I ,. . ,. .. ACON 'y· . k thi b ') disposition which, your Government has always manifested to China, . .1)1 r. J.u • . ~u _now no ng a out that charter. . ha.s instructed me to make application for the admission of two Mr. CURTIS. No, Sir. ., Chinese young men ~o the Mllitayy ~ca';lemy at West Point to pursue · Mr. FINLEY. Do the present railroads in the Territories the cour13e of study given at that mstltutwn. ta . ? Their names are Yin 0"' Hsing Wen and Ting Chia Chen, who are now pay any xes n~w · in the ~nited States. . 1 may add that th.ey will comply fJ!llY with all Mr. CURTIS. Oh, yes. All railroad property in the Terri­ the .reqJ!Irements usual in the case of foreign stude!lts admitted to that tory pays taxes now in the cities and towns Schools are mstitutwn, and that the Imperial Government will gratefully accept . . . · · . favorable action on its request as another evidence of the friendly spirit bemg mamta1~ed out of the taxes collected from the railroads w!J.ich animates the Government of the United States in its relations and other prop~rty in cities. And the road is required to pay · With my . country. a certain amount for the use of the tribes throuO'b whose reser Accept, sir, the renewed assurances of my highest consideration. . . e - ·· CuENTUNo LIANG-CHENG. -vatwn the road runs. Hon. J'OH:!'i HAY, Mr. FINLEY. What is the provision in any charter of the Secretary ot State. railroad in reference to the paying of taxes in the event this 1\lr. MADDOX. Mr. Speaker, I object. I am like the gentle- Territory is admitted into the Union as a State? man from Kentucky [Mr. GILBERT]. I have five or six or ten Mr. CURTIS. There is no exemption whatever; It will be men in my district that would be glad to take advantage of subject to the laws of the State, and will pay taxes just th' the same proposition. same. The act authorizes the State to impose additional taxes. Mr. HULL. I hope the gentleman from Georgia [Mr. MAD- (See act of :B'el.Jruary 18, 1888, vol. 25, p. 35.} It also provides DOX] will not object. It does not keep the young men be refers for the regulation of charges for passengers and freight. to out. Mr. FINLEY. Is there a general reservation in this bill that Mr. MADDOX. It does keep them out. No man can enter Congress shall at all times have the right to alter or amend? from any district -in the United States unless he is appointed. Mr. CuRTIS. There is such a provision in the original bill. The SPEAKER. The gentleman from Georgia objects. Mr. FINLEY.. Is that not repealed by this bill? CHOCTAW, OKL.A.HOMA AND GULF RAILROAD COMPANY. Mr. CURTIS. Only that part which might prevent the sale from one company to another. , Mr. CURTIS. Mr. Speaker, I ask unanimous consent for Mr. FINLEY. Does this bill reserve to Congress the right to present consideration of the bill (H. R. 17709) which I send to alter, amend, or repeal the act? the Clerk's desk. Mr. CUR1'1S. The original act does. . '.rhe SPEAKER. The gentleman from Kansas [Mr. CURTIS] asks unanimous consent for the consideration of a bill which the Mr. WILLIAMS of Mississippi. ~fr. Speaker, I want atten­ tion just one minute. Reserving the right to object, I want to Clerk will read. 'l'he Clerk read as follows : say this, especially to this side of the House : When these re­ quests for unanimous consent come up it is presumed that the Be it ettacted, etc., That the Choctaw, Oklahoma an·d Gulf Railroad Company be, and it is hereby, authorized and empowered to sell and minority members of the committee have attended to their work, convey to the Chicago, Rock Island and Pacific Railway Company all I take it for granted, and wherever a report comes in unani- the railway, property, rights, franchises, and pl'ivileges of the Choctaw, . mously indorsed by the committee I feel myself absolved of the Oklahoma and Gulf Railroad Company, and the Chicago, Rock Island and Pacific Railway Company is hereby authorized and empowered to duty of objection, if they all agree to the measure. I want to purchase, hold, maintain, and operate the railway heretofore con­ say that, so that we can all keep it in mind. structed by the Choctaw,· Oklahoma, and Gulf Railroad Company, sub­ Mr. G ILBEUT and Mr. HITCHCOCK rose. ject, however, to all the conditions and limitations contained in the· several acts of Congress authorizing the organization of the Choctaw, '.rbe SPEAKER. '.ro whom does the gentleman yield? Oklahoma and Gulf Railroad Company and the construction of its :Mr. CURTIS. To the gentleman from Nebraska. iines in the Indian Territory : Provided, however, That before any such Mr. HITCHCOCK. I would like to inquire whether there is sale and conveyance shall be made the terms thereof shall be approved by a majority of the directors of the Choctaw, Oklahoma and Gulf any provision in this 'bill authorizing the purchase which limits Railroad Company. the amount for which the purchased railroad can be capitalized SEc. 2. 'rhat all the provisions of any act of Congress inconsistent in additional stock tbat.can be added? with this act be, and the same are hereby, repealed. Mr. CURTIS. There is nothing in this bilJ, but in the original The SPEAKER. Is there objection? bill there is a limitation. The act of August 24, 1884, requires Mr. LITTLE. I reserve the right to object. the company to determine the amount of capital stock and bonds 1\fr. WILLIAMS of Mississippi. I have not been able to to be issued. The company could not fix the amount of capital gather in the hubbub going on exactly what this bill authorizes. stock in excess of the capital of said company, and no bonds Mr. CURTIS. I will say to the gentleman that this bill au­ could be issued except for value recei-ved in cash or property. thorizes the Choctaw, Oklahoma and Gulf Railroad Company to But the Rock Island owns the road now and have a nine hun­ sell its road to the Rock Island Railroad Company. . This rail­ dred and ninety-nine year lease of it, and this is simply a mat­ road is now in the possession of the Rock Island Railway Com­ ter of accommodation in bookkeeping. It will save them the pany under· a lease for nine hundred and ninety-nine years. expenses of maintaining two offices and two sets of officers. This bill ~imply aUthorizes the purchase of the road. It is not Mr. HITCHCOCK. I understand that one of the great evils 3418 CONGRESSiONAL RECORD-HOUSE. FEBRUARY 25, we are s·uffering from now in this country has been the over­ 1\Ir. BABCOCK. Mr. Speaker, I should like to hear a state- capitalization of railroad property, and one of the means for ment from the gentleman from New. York. . capitalization is the acquisition of one railroad by another. :Mr. SHERMAN. Mr. Speaker, the United States long ago Now, it seems to me that this bill provides for the acquisition conveyed a large tract of land to the State of Oregon. The ·.of one railroad company by another-- State of Oregon thereafter conveyed a large portion thereof to 1\Ir. CURTIS. But they are not competing lines. the California and Qregon Land Company in consideration of Mr. HITCHCOCK. That makes no . difference. Supposing that company constructing certain roads. When the Klamath this railroad is given authority by Congress by which a .small Indian Reservation was laid out, by an error it covered a por­ road is added, or a large road, and twice the amount of capital tion of this land. The land company insisted upon their rights stock is added. which are all added to the purchase, and then to the land, and the matter was taken to the United States ·the road is required to pay dividends on unduly increased cap­ court in an action brought by the United States, I suppose in ital stock. It seems to me if Congress has the right to authorize the nature of ejectment. The court decided in favor of the land the purchase of this road it also has the right, and it is its duty, company-that they had the fee title to the 109,000 acres of to limit the capital stock which may be added by reason of the land. · The United States Supreme Court has affirmed the de­ purchase. cision, and there the matter stands. This bill provides for an Mr. CURTIS. The amount of stock is limited in the original investigation by the Department to ascertain the value of the act. . land and the improvements thereon. Twenty-four' thousand Mr. GARBER. This simply does away with bookkeeping in acres of it, by the way, haT"e since been allotted to the Indians. duplicate. The Rock Island controls and operates now, as it This bill provides for an investigation to determine the value has for several years, the Choctaw road, and is known as the of the improvements and to ascertain whether or not some ar­ "Choctaw district" of that system. rangement may be made to trade with the Indians for other Mr. CURTIS. That is so. There are limitations in the original lands instead of those they are now occupying. It obligates act as to freight and passenger rates and the issuance of stock the United States in no way. It simply provides for an inves- and bonds, and this bill does not in any way change those limi­ tigation and a report to the next Congress. ~ tations. Nothing can be done without the approval of the di­ The SPE.A~ER. Is thet:e .objection? rectors of the company making the sale. · There was no objection. Mr. ZENOR. This matter was very carefully considered by The bill was ordered to be engrossed and read a third time ; the subcommittee, and the facts were ·pretty generally understood and was accordingly read the third time, and passed. in the full committee. I wish simply to say that this is not the On motion of 1\Ir. SHEBMA-~, a motion to reconsider the last case of a merging of two railroad companies or of two com­ vote was laid on the table., peting lines. There is but a small portion of this Choctaw road DAM ACROSS BOOK RIVER AT LYNDON, ILL. that is .constructed in the Indian Territory. It comes up and Mr. PRINCE. Mr. Speaker, I ask unanimous consent for the connects with what is known as the Rock Island Railroad, as I present consideration of the bill (H. R. 15440) authorizing the understand it, and creates simply a continuation of line. The construction of a dam across Rock River at Lyndon, Ill. sale is to be made subject to all the conditions. and terms of the The SPEAKER. The gentleman from Illinois asks unani­ original chai'ter granted to the Choctaw Nation. Therefore all mous consent for the present consideration of a bill which will the restrictions that are imposed by the charter upon the Choc­ taw company will continue in force and effect under the sale be reported by the Clerk. proposed to the Rock Island Railroad Company. The bill as proposed to be amended by a committee substitute Mr. SULZER. Will the gentleman yield for a question? was read, as follows : Be it enacted, etc., That permission be given to Edward A. Smith, Mr. ZENOR. Yes. Harvey S. Green, and John J. Hurlbert, of :Morrison, Ill., of their as­ 1\fr. SULZER. I want to ask the gentleman if the Indlans are signs, to erect a dam with an 8-foot head across Rock River at or near in favor of this? Lyndon, Whiteside County, Ill., the south end of said dam to be lo­ <:ated n£'.:tr the line between sections 21 and 22 in town 20 north of 1\lr. ZENOR. This matter has been already determined, so range 5 east of the fourth principal meridian, and the north end of far as the Indians are concerned, because the right of way has said dam to intersect the bank of said river in section 21 in the same been granted to the Choctaw Railroad Company to build this town, range, and meridian: Provided, That the plans for the construc­ tion of said dam shall be submitted to and approved by the Chief of l'Oad. The rights of the Indians are protected under the law ll}ngineel's and the Secretary of War, and until appl'oved by them the which authorizes the construction of that road. consti-uction of the dam shall not be commenced ; and after such ap­ 1\fr. SULZER. Is this bill unanimously reported from the ptoval the plans shall not be changed, either before or after the com­ pletion of the structure, unless authorized by the Chief of Engineers ·committee? and the Secretary of War, and the Secretary of War may at any time ~:1r. ZENOR. Unanimously reported from the committee. require and enforce, at the expense of the owners of the structure, such Mr. SULZER. Is it approved by the Interior Department? modifications and changes in said structure as he may deem advisable in the interest of navigation: Provided further, That the Secretary of Mr. ZENOR. It is approved both by the Secretary of the War may at any time require the grantees under this act to construct Interior and by the Commissioner of Indian Affairs, who recom­ at their own expense in connection with said dam suitable locks, canals, mend the passage of the bill. sluiceways, or other structures, for the pass~ge of boats and other water craft, the said structures to be built upon plans which he may The SPEAKER. Is there objection? approve; and the said grantees shall maintain and operate said locks. Mr. HITCHCOCK. I object. canals, and other structures at their own expense, and shall pass ali' wnter craft through the same without delay and without any charge KLAMATH INDIAN BESERVATION, OREG. whatever as long as said dam is maintained; and if said dam and other structures shall be abandoned by the said grantees at any time, Mr. SHERMAN. Mr. Speaker, I ask unanimous consent for all portions thereof shall be promptly removed by the grantees at the presept consideration of the bill (H. R. 18586) to aid in their own expense. SEc. 2. That before entering upon the construction of the works quieting title to certain lands within the Klamath Indian herein authorized compensation shall be made to any person, firm, or Reservation, in the State of Oregon. corporation whoso lands or other property may be taken, overflowed, or The SPEAKER. The gentleman from New York asks. otherwise damaged by the construction. maintenance, and operations of the said works in accordance with the laws of the State where such unanimous consent for the present consideration of a bill lands or other property may be situated and if any litigation arises whlch will be reported by the Clerk. from the construction, operation, or mamtenance1 of the said works, The bill was read, as follows : cases may be tried in the proper courts, as n.ow provided for that pur­ pose in the State of Illinois and the courts of the United States. Be it enacted, etc.• That the Secretary of the Interior be, and he is SEC. '3. 'That SllCh sultal>le fishways shall be constructed and main­ hereby, authorized and directed to investigate and ascertain the tain£'d by the grantees under this act at their own expense as may be reasonable value of the lands heretofore conveyed by the United required from time to time by the United States Fish Commission. States to the State of Oregon as. a part of the grant of lands made SEC. 4. That this act shall be null and void if actual construction ot to said State by the act of Congress approved July 2, 1864, entitled the dam herein authorized be not commenced within two years and "An act granting lands to the State of Oregon to aid in the construc­ completed within. four years from the date hereof. tion of a military road from Eugene City to the eastern boundary SEc. 5. That the right to alter, amend, or repeal this act is hereby of said State," and embraced within the boundaries of the original expressly reset·ved. ~urvey of the Klamath Indian Reservation in said State, and being the lands involved in the suit of The United States v. The California The SPEAKER Is there objection? and Oregon Land Company, decided in favor of said company by the Supreme Court of the United States at the October term, 1903 There was no objection. (vol. 192, p. 3G5, U. S. Rep.), what part of said lands have been 'I\he substitute was agreed to. allotted to Indians and the value o! the Improvements thereon, The bill as amended was ordered to be engrossed and read a and also for what price the said Ca.lifornla and Oregon Land Com­ third time; and was accordingly read the third time, and pany will convey the said lands to the United States, or on what terms the said company will exchange sucb lands for other lands, passed. not allotted to Indians, within the original boundaries of said On motion of Mr. PniNcE, a motion to reconsider the last vote reservation. And it is hereby made the duty of the .Secretary of the Interior to make a full and specific report to Congress, on· or before was laid on the table. the first day of the next session, in pursuance of the jurisdiction and Mr. McCLEARY of Minnesota was recognized. duties imposed on him by this aet. Mr. WILLIAMS of Mississippi. Mr. Speal>:er, without being The SPEAKER. Is there objection? invidious and without knowledge of whnt the gentleman from 1905. CONGRESSIONAL RECORD-HOUSE.

Minnesota wantS, having spent an hour on unanimous consent be passed. These are claims orjginating between 1879 and 1887. matters, I think I had better call for tbe regular order. There is no statement of the amount which is claimed is due. The SPEAKER. 'l'he gentleman from Mississippi calls for I understand from the gentleman from Colorado [Mr. IloGG] the regular order. The regular order is the next· bill under that it a.mounts to between tliirty and forty thousand dolla1;s. what is known as the" Dalzell order," and the Clerk will report There was never any contract made between the Indian tribes tbe bill. and these traders. Certain individual Indians did get suppljes, - The Clerk read as follows : and this is an attempt to charge the individual debts of some Indians against the tribal f1md. The Department is opposed A bill (H. R. 14327) for the relief of Indian traders Marion Wescott, F. F. Green, and J. A. Leige, assignee. of J'oseph F. Gauthier, a Me­ to this bill. It recommends that the bill be not passed. 'l'his nominee Indian trader, with the Menominee Indians of Wisconsin. · account in no sense is a claim against the tribal fund. With Be it enacted, etc., That the Secret!ary of the Interior be, and he is that attitude on the part of tbe Department a.fter investigation, hereby; authorized and directed to examine· and audit the accounts of of what use is it to p:rss a bill compelling it to investigate again licensed Indian traders Marion Wescott and F. F. Green, and of J'. A. Leige, assignee of J'oseph F. Gauthier, a Menominee Indian trader, with and determine whether the fund of the Indians shall be utilized the Menominee Indians of Wisconsin at the Green Bay Agency, who to pay this indebtedness 1 A memorandum has been prepared . purchased supplies and goods, wares, and merchandise of said traders by the Department in opposition to this bill. · and said Gauthier after the year 1880, and which have not been other­ wise paid for. An identical bill witb this bill was referred to the Secretary SEc 2. That the said Secretary shall cause to be paid, out of the of the Interior and was adversely reported upon by him. I funds due to said Menominee tribe of Indians in the hands of the United States Government, such sums as he shall find to be justly due hope, under these circumstances, that the House will not pass and owing from such Menominee Indians to the said Marion Wescott this measure compelling the Department to again investigate a and F. F. Green as such licensed Indian traders, and to the said J'. A. matter which it has already determined and declaring that if it Leige, as assi3nee of J'oseph F. Gauthier, a Menominee Indian, who finds to be a fact what it has already found is not a. fact this l~k;~~he J~~~~i~~~.rb~ ~~i~;dfa~ ~~a~\sc~:it1:x!~:t:a:whwfhee~~o paid $40,000 should be paid out of the Indian funds. The only reason .Mr. MADDOX. 1\fr. Speaker, does this come up under the this bill can be considered at all is the fact tbat tbe money is to Dalzell order? be paid out of the funds of the Indians and not out of the funds of tbe United States. If it was attempted to charge it up against The SPEAKER. It does. It was passed without prejudice the funds of the United States, it would not be considered here on a former occasion when consideration of these bills was being for an instant. · bad. Mr. LACEY. Mr. Speaker, I would like to ask the-gentleman Mr. 1\IADDOX. From what committee does it come? if he will read the communication from the Department. 'l'he SPEAKER. 'l'he Chair is not informed. Mr. FITZGERALD. I have not the communication from the Mr~ r~ACEY. The Committee on Indian Affairs. Mr. Fl'l'ZGERALD. 1\fr. Speaker, I hope this bill will not Department; I have here a memorandum which was prepared be pressed. for the gentleman from Kansas [Mr. CURTIS] by the Depart­ The SPEAKER. But the bill is up for consideration. ment. The letter is not here, I understand, but this memoran­ Mr. FITZGERALD. Yes; it is in order. dum says: Mr. HOGG. Is there any objection to it? H. R. 14327, a bill for the relief of Indian traders Marion Wescott, F. F. Greene, and J'. A. Leige, assignees of J'oseph F. Gauthier, a Me­ Mr. BARTLETT. We want to know something about it. nominee Indian trader, with the Menominee Indians of Wisconsin. for :Mr. HOGG. It is a bill that comes from the Committee on supplies amo~ting to $41,797.97, during the lo~;glng season of 1882 to Indian Affairs, reported unanimously by that committee. It 1886, for the Menominee Indians of Wisconsin, lS identical with Senate bill 5676, upon which this office made an adverse report to the hon­ embraces accounts of Indian traders-those who were licensed­ orable Secretary of the Interior May 5, 1904, said bill having been re­ of, perhaps, altogether nearly. $40,000. At a time when these ferred to the Department for report by the chairman of tile Senate Indians were starving they undertook to furnish lumber, down Committee on Indian Affairs. . · timber, that they were entitled to remove, to the market. The Now, it is that Senate bill which it is proposed to pass at traders furnished them with supplies necessary to carry on the this·time. The memorandum says furtber: business. 'l'he tribe, a.s I understand it, undertook to see that these parties supplying the necessaries were reimbursed out Upon a report made by the United States Indian agent, Green Bay Agency, Wis., this offic~ stated that in its opinion the .whole matter of the sal~ of the timJ:>er. They went ahead, but tbe Government of the claim of traders resolved itself into a debt between the indi­ took all the money there was, and there was not much in it, vidual Indians and the trader.s, in which the Menominee tribe as a and left the traders without any reimbursement whatever. The party had no interest and should not be made a party thereto, and Indians could· hardly live without it. This bill does not appro- recommended that the proposed bill be not approved by the Department. -priate a.ny money whatever. They failed to get a settlement In the face of that statement from the Indian Office, I ask with the Indian agent, and it run along until a. subsequent ad­ of what value would it be to pass this bill directing that office ministration of that office, and then they failed to get any settle­ again to. ascertain whether this was a claim against the tribal ment whatever. This thing ha.s been running along ever since fund, and if it finds it to be a claim against the tribal fund, to ·the goods were furnished, which was between 1882 and 1887. pay it out of the tribal fund? Up to tlie present time the Department is unable to determine Mr. HOGG. Is it not true that the Department has never these facts, or at least so state. All this bill provides is that determined this matter by any sort of investigation? Is it not . the Depa.rtment shall be authorized to investigate it. .. It does true that they could get no statement from the agent, and the not appropriate any money, but simply authorizes the Depart­ matter was allowed to drift along until another agent was ap­ ment to investigate the accounts, and if they find the money pointed? is due, then the account shall be audited and allowed and paid Mr. FITZGERALD. .I have no knowledge of that. I was out of the triba.l fund. The tribe has something like .$2,000,000 not present when this bill was considered in the committee, as coming to it, and this sum, if found due, is to be paid out of I recollect. Since it has been on tbe Calendar I have looked that tribal fund. into it. This memorandum bas been prepared by the Depart­ Mr: STEPHENS of Texas. As I understand, if the gentle­ ment and furnished to the gentleman from Kansas [Mr. CURTIS]. man from Colorado will pardon me, this provides that the Sec­ Mr. HOGG. Yes; but the fact appeared before the committee retary of the Interior sltall investigate these accounts-see that no auditing was ever made of this bill by anybody, and it \Yhether or not tbe a.ccounts of these Indian traders should be is for that reason that we want this bill passed in order that paid ·out of the tribal fund going to this tribe. it may be audited. ~ l\:lr. HOGG. That is it.· Mr. FITZGERALD. The Department says now-this memo­ Mr. S'l'EPHENS of Texas. They have a fund coming to them randum having been prepared since yesterday or tbe day be­ from the sale of down timber. As I understand, the traders fore-that in its opinion the whole claim is one between the furnished supplies to these Indians who cut this timber and traders and the individual Indians, and should not be charged placed it in a position to be marketed. The Indians did cut and against the tribal funds; and in the face of that statement I sell the timber, but the money was covered into the Indian fund, can not see the propriety of passing this bill, compelling the De­ as the traders have never received pay for the supplies that partment again to investigate with a view of charging this they furnished the Indians while tbey were cutting and prepar­ claim against those funds. I call attention to the fact that after ing this timber for the market. twenty years this claim comes here, amounting to $42,000, to Mr. HOGG. That is it. be charged against this fund. Mr. STEPHENS of Texas. The bill proposes to permit the :Mr. SULZER. Mr. Speaker, I would like to ask the gentle­ Secretary of the Interior to investigate tbe matter and see wltat . man a. question. Who will get this money in case this claim is amotmt shalf be paid, if anything. I do not think there is any allowed? objection to the bill. Mr. FITZGERAI~D. I could not tell that; that is beyond the Mr. HOGG. I will yield five minutes to the gentleman from information in my possession. New York. Mr. SULZER. This is another attempt, is it not, to rob the .Mr. FITZGERALD. Mr. Speaker, I hope this bill will not poor Indians? 3420 OONGRESSIONAL RECORD-HOUSE. FEBRUARY 25,

1\lr. FITZGERALD. ·wen, I hardly think I would use the The Clerk read as follows : same lan.,oouage as does my colleague the gentleman from New Be it enacted, etc., That the Secretary of the Navy be, and he is ,York, whatever my views might be. hereby, authorized to remove the charge of disobedience to orders and absence without leave now standing against the record of Theodore 1\Ir. SULZER. Same old scheme to get the Indians' money. H. Bishop, late of United States Navy, and issue to him an honorable 1\Ir. PAYNE. 1\Ir. Speaker, I would like to ask whether this discharge. bill provides for an investigation as to whether the tribe ever The bill was ordered to be engro ed for a third reading ; made any contract for supplies? and was read the third time, and passed. 1\Ir. HOGG. Certainly; that is the purpose. 1\Ir. PAYNE. The gentleman said it was for an accounting. KENNETH M' ALPINE. 1\Ir. HOGG. Well, it is. The next business under the special oi·der was the bill ( S. .Mr. P ATh'I'E. Of course an accounting would not im·olve that 68-!G) to reinstate Kenneth McAlpine as a lieutenant in the question. Navy. , ' 1\11'. l:IOGG. It embraces the payment of quite a long and The Clerk read as follows : considerable account between a great many individuals of this Be it enacted, etc., That the President of the United States be, and he tribe. Now, the position, as indicated by the gentleman from is hereby, authorized to aDpoint, by and with the advice and consent of the Senate, Kenneth l\IcAlpine a lieutenant on the active list of the New York [l\Ir. FI'l'ZGMALD], is that some question has arisen Navy, to take rank as .tiio. 1 on the list of lieutenants, the said .whether or not the b:ibe is re pon~ible. The contention of the Kenneth McAlpine having served for a period of twenty-five years and teu months, from September, 1877, to July, 1903, as an engineer claimants is that the tribe met in regular council and authorized officer in the Navy. this before these people would furnish these goods, and that it SEC. 2. That the said Kenneth McAlpine shall receive no pay or therefore became a tribal debt. · Since that time they have been emolument except trom the date of his appointment, and that he shall unable to get any accounting. The Government has not seen be additional to the number of officers prescribed by law for the grade of lieutenant in the Navy, and to any grade to which be may hereafter :fit to make an accounting, and it is for the purpose of securing be promoted. And that for the purpose of computing his pay his lon­ this accounting and nothing else, to determine whether the n·ibe gevity shall be considered the same as if he had never been out of the is responsible for this ru:nount or not, and if so, in what runount, service. SEc. 3. That the said Kenneth McAlpine shall perform engineering and authorizing such surr1 to be paid as they may :find due. That duty only. is all there is to it. l\Ir. HULL. .lUr. Speaker, I would like an explanation of that. Mr. LACEY. I would like to ask my colleague one further It looks to me as if it were both a promotion and an increase of question, and that is, after this . accounting has been made pay. whether this bill does not also compel the payment of the ac­ The SPEAKER. The Chair will state that after examination count out of the tribal fund; that it is not merely a matter of it seems to the Chair that it comes within the order. accounting, but it n.Iso secm•es the payment? · The bill was ordered to be read a third time; and was read Mr. HULL. Yes; the payment out of the fund. There is no the third time, and passed. question about that. The SPEAKER. The question · is on the engrossment and SUNDRY CIVIL APPROPRIATION BILL.. third reading of the bill. 1\Ir. HEME:r-.~v AY. Mr. Speaker, I moYe that the IIouse re­ The bill was ordered to be engrossed and read a third time. solve itself into the Committee of the Whole House on the state 'l'he SPEAKER.· The question is on the passag~ of the bill. of the Union for the further consideration of the sundry civil ap­ 1\Ir. FITZGERALD. Mr. Speaker, I move that the bill be propriation bill. recommitted ·to the Committee on Indian Affairs. 'l'he. motion was agreed to ; and accordingly the House re­ The SPEAKER. The gentleman from New York moves that solved itself into Committee of the Whole Bouse on the state of the bill be recommitted to the Committee on Indian Affairs. the Union for the further consideration of the bill H. R. 18969, The question was taken ; and the Ohair announced that the the stmdry civil appropriation bill, 1\Ir. SHERMAN in the chair. noes seemed to have it. The CHAIR1\1L~. The House is in Committee of the Whole Mr. FITZGERALD. I ask for a division. House on the state of the Union for the further consideration The SPEAKER. The gentleman from New York demands a of the sundry civil bill, the title of which will be reported by the division. Clerk. The House divided; and there were-ayes 43, noes 61. The Clerk read as follows : So the motion to recommit was rejected. A bill (ft. R. 18969) making appropriations for the sundry civil ex­ The SPEAKER. The question now is on the passage of the penses of the Government for the fiscal year ending June 30, 1906, and bill. . . for other purposes. The question was taken ; and the blll was passed. The CHAIR:l\1AN. The Clerk will read the bill. On motion of Mr. Hoaa, a motion to reconsider the last vote The Clerk read as follows : White Sulphur Springs (W. Va.) Station: Superintendent, $1 500 • :was laid on the table. fish-culturist, 900; three laborers, at $540 each; in all, $4,020. ' ' G. G. MARTIN. Mr. BARTLETT. Mr. Chairman, I move to strike out the The next business under the -special "Order was the bill ( S. last word for the purpose of putting in the RECORD a certain 2560)· for the relief of G. G. Martin. resolution, which I ask the Clerk to read. I shall detain the The Olerk read as follows : committee but a moment. Be it enacted etc., That the Secretary of War be, and he is hereby, The CHAIRMAN. The gentleman from Georgia moves to authorized and directed to issue to G. G. Martin, late lieutanant-colonel strike out the last word, and asks that the Clerk read the reso­ First United States Colored Troops, an honorable discharge as of date lution which he sends to the Clerk's desk. December 31, 1863. l\Ir. BARTLETT. 1\Ir. Chairman, I desire to call attention The bill was ordered to be read a third time ; was read the to the fact that at a meeting of the Georgia Peach Growers' third time, a.nd passed. Association, held in the city of Macon on the 22d, the resolution JOHN JACOBY. which the Clerk will read was unanimously passed by that nssociation, which is taken from the Macon News. The next business tmder the special order was the bill ( S. The Clerk read as follows : 3043) for the relief of the estate of the late John Jacoby. Resolved by the Georgia Peach G1·owers' Association in. meeting The Clerk began the reading of the bill. regularly assembled, That we nse all our influence to secure the passage :Mr. PAYNE. Mr. Speaker, I make the point that that bill of a bill in Congress putting all private cnr 11ne under the control does not come under this order. of the Interstate Commerce Commission; that it is the sense of this meeting that our representatives in Congress be requested to favor the The SPEAKER. The bill does not come within the rule. passage of such a bill and that each member of the as ociation write to his Representative n.nd Senator and urge his support of such a bill. BERT E. BARNES. Mr. BARTLETT. Mr. Chairman, at that convention, in The next business under the special order was the bill (II. R. 1.·esponse to a letter from its secretary, a letter was written by 19030) for the relief of Bert E. Barnes. myself upon the subject then to be discussed, and was read by The Clerk read as follows : the secretary of the association. In that letter I took the same Be it enacted, etc., That the Secretary of War is authorized to amend position that I occupied upon the floor of this House when the the record of Bert E. Barnes so as to show him honorably discharged railroad regulation bill was under discussion, on the 8th of from Company D, FiftY-first Iowa Infantry, for disability contracted in line of duty. February instant. I there occupied the position which I now . The bill was ordered to be engrossed for a third reading ; occupy, and have -always occupied, that it is the right of the was read the third time, and passed. United States Government to authorize the Interstate Com­ merce Commission to regulate the charges as well as the THEODORE H. BISHOP. business oj: the private car lines engaged in interstate com­ The next business under the special order was the bill (H. R. merce. That has always been my position, and that is my 15251) for the relief of Theodore H. Bishop. position now. I have not had an opportunity to vote on that tg05. OONGRESSIONAL RECORD-HOUSE. 3421

foT the facts demonstrate that the evns against which the shippers and proposition, ·but when I 'do I shall east my vote it. The bill producers complain exist. I shaU be w'illing to do all in my power to recently passed by the House did not provide for the control ·of remedy sueh evils by a just and fair regulation of this business. I am the private car lines, and I had no opportunity to so rameiid it. but a Representative of the people, and desire to 'Carry out their wishes in this as in 'R.ll <>ther .matters, it I can find out what they .are. I .do I k permission, Mr. Chairm3Jl, to insert in the RECORD the not mean by this that ·any unjust or extreme demand by my constitu­ letter I holu in my hand and which w11.s rea.d befm·e the conven­ ents should necssarily be supported by me; I do not believe they lon to which I have referred, and which expresses my views would make any such demand upon their Representative, but I -do be­ lieve that when they shall call my attention, as their Representative on this subject. in Congress, to evils and wrongs that exist in the matter of tra:nspor:­ The CHAIRMAN, The gentle:man trom Georgia [Mr. BART­ tation of their products to the markets, to excessive charges for trans­ LETT] -asks unanimous consent to ·extend his remarks in the . portation, and to practices which dis-criminate a-gainst them, and thereby compel them to pay more than a reasonable and just .rate for REco-nD. Is there -objection? transportation, it becomes my duty as a Member of C<>ngress, exer­ There was no objection. cising the right which Congress has under the Constitution, to correct The letter is as follows.: these evils and abuses by constitutionalleglsla.tlon, and by .a reasonable and just regulation of such rates. and the prohibition of practices BOUSE 011' REPRESENTATIVES, which discriminate :against the shipper, or which unjustly oppress him. lVashingtm~, D. 0, Febnmrv 19, l!JOS. The railroads themselves ought to providi! for the expeditious, prompt, Yr. F1 W. HAZLEHtrnST, ~nd proper transportation of freight along their lines, including 'fruits, Bem·etary ana Trea:surer Glrorgia Peach vegetables, and things of that sort. Whenever they undertake t<;» cany Growers' Association, Macon-, G-a. on the business of transportation it "becomes their duty to proV1de the DEAR SIR : I am in receipt ot your favor of. the l6t'h instantt in­ necess-ary facilities fo1· such transportation, and 1f they choose rather closing copy of a letter addressed by you to Hon. E . .B. Lewis, in ref­ to contract with special car lines for the transportation of a ·special erence to ruih·oad-rate legislation, including the regulation <>f what are class -of freight, requiring refrigerator cars or other special equipment, known as private· car lines. . then the citizen .should have the right i:o have these special <:ar lines I send yon, bl. this mail, a copy of the bill that passed the House, and their rates of transportation controlled and ·regulated by the Gov­ known as "the 'Esch-Townsend" ·bill, :and also copy <>f a bill that ernment. It is but :a necessar.y sequence that the citizen has the right was introduced by Mr. STEVENS of Minnesota, which seeks to correct to have such rates regulated and controlled by the Government when what are known as "the private car line evils." the iransportation companies permit the ·special cars to be operated on I made 'B. speech on the Esch-Townsend bill, which I .f<>rward to you, theil· lines. This is certainly '8. conservative view, as conservative, in and hope it will reach you before the meeting of your association on the fact, as those engaged in the transportation business of the country 22d instant. From this speech you will observi! what my views are ought to expect any man to maintain who desires to see fair dealing on the subject. between the -shippers und the transportation companies. I voted for the bill which passed the House--'llot beca:use I was The railroad companies themselves have expressed their willingness satisfied with it, but because U was the best I could vote for, the rule and desire that the private car lines and fast freight lines doing an under which the bill was considered not permitting any amendment to interstate business should be brought within the jurisdiction of the it. If I could have had my way, I would have embraced in this bill Interstate Commerce Commission ·and under the control of that ~om­ . ·a distinct proposition to give the Interstate Commerce Commission mission. It was so stated before the committees of the House and Sen­ tile right to inquire into and consider complaints made -against private ate navjng this matter under consideration. .Mr. Samuel ·spencer, the car lines, and to determine whether -their rates are reasonable or un­ president of the Southern Railway Company, who said that he spoke rPasunable, just as in the case of railroads. rt was cla-imed by some for his own company and a large number of uther railroad companies, of the advocates of the bill that passed the House that the first sec­ stated to the -committee of the lrouse, as ·one of his suggestions as to tion of the bill would extend th·e -power of the 'Interstate CommercE> what Congress should do : Commission to investigate the rates of private ·car lines, but I do not ".Bring the private car lines. the last freight lines, and the water belleve that to be true, and I do not think the courts would so con­ lines doing an mterstate business through traffic within the jurisdiction strue it. of the inte1-state-commerce act.'• . In presenting my views on the subject I did not discuss at length the The Interstate Commerce Commission has for -a number of years subject of the regulation of private car lines, because I did not believe .called attention to the evils existing in the matter of private car llnes that that proposition was embraced in the bill; but, as at present ad­ 'B.nd suggested that Congress should correct them. The Industrial 'Com­ vised, I am of the opinion that the private car lines should be brought mission, appointed by mmlssion. lie was not the States and of the United States and violates no privilege or ri.g'ht which pioneer by any means ln this proposed legislatlon but he simply ad­ these companies should be permitted to enjoy. Whenever these com­ vanced and stood upon ground that had previoUSly1 been occupied by panies undertake to do this public business by authority and permis­ others. sion of the soverei~ authority, whether State or national, they engage So far as I ;am concerned, as a Representative o! the people, if 'I in such business Wlth full knowledge that the sovereign, whether State remain of the opinion as 1 am at present that the private ·car lines or national, within their respective spheres, have the right under the ·should be controlled and regulated, I shah vote that way, believing .fundamental law of the States and of the United States to regulate such a course to be for the interests of my constituents and the public that business. generally. • Having this unquestioned right, whenever the transportation com­ 1 have endeavored to give you my vl.ews on the subject at length, and panies exact of the people excessive rates and chargt>s, or make dis­ of l!ourse you can make such use of thls letter as you see proper. criminations, or grant rebates to .favored shlppe1·s, it becomes the duty Very truly., yours, of "the law-making power representing th'e l)eople to correct these evils, and, while this power should be exercised with care, having dne regard CHARLES. L. BAllTLETT. to the great interests .of the railroads and transportatlon cumpanies and special car lines, the legislators should also have regard for the Mr. BARTLETT. Mr. ·Chairman, I will not now furth-er dis­ Tights and interests of the shippers, because the shipper is compelled cuss the proposition that the Congress of the United States, .un­ to have his produce transported to market, and the railroads and the agencies they use, or permit to be used on their. lines, a:re the only der the Constitution~ has the 'tight to r€gulate the agencies now means by which the producer and .shipper can reach the markets. It being used in :interstate commerce and known as~ private car is the history of railroad eorporations :md others engaged in serving lines. In my own judgment that question is one not now de­ the public that, When they have a monopoly of .such business, with full batable. This· power of· Congress being admitted, the only license and without the restralni.n~ hand <>! the soverlgn power of thi! Government upon them, excesses Will grow up and evils will exist which question to be determined is whether it shall be exercised and must be corrected. As for myself, I believe that everyone should be how. Fer myself, I shall favor the _proposition, when presented, left free to carry on the business .he may select legitimately and prop­ erly, and that the Government ought not to inti!t'fere either to increase to extend to the Interstate Commerce Commission the same or diminish the business of the privat~ citizen, but the business of the power and control over private car lin-es, which it bas or should transportation companies and the agencies they use, or permit to be have to inquire into and regulate the rates of the great inter­ ·used on their Jines, is not a :private business, but is a public business, state .railways over which these ,private rear lines operate their and iB operated primarily for the benefit of the public, under the charters which such companies obta.in from the sovereign power; and when car~ these ·companies thus undertake to do a public business and perform a :Mr. MANN rose. public ·service, then I believe they must submit to the coni:rol <>I the Government-certainly to such an ·extent that the Government shall The CHAIRMAN. The gentleman from Illinois IMr. MANN] prevent the charging of excessive rates or the continuation of practices desires to make a pro forma amendment. which work to the injury of the public. Mr~ MANN. Mr. Chairman, I introdu{'ed in the House yester­ Of course I am .not as yet tully jnfor.med as to the extent of the evils day two bills, one to prevent "Common carriers av'Oiding their of the private car lines. I am ~ndeavoring to inform myself, and shall be glad to have any information that the Fruit Growers' Association common-law liabilities, and the -other for the regulation-of freight and other shippers who use these private car lines may convey to me. rates, npon which bills I wish to extend a few remarks in the I assm·e you tllat I will give such information or suggestions my care­ ful consideration. ·RECORD. And I ask unanimous ·cons-ent to do so. My prime object shall be to vote for such legislation as will correct Mr. SULZER. Mr. Chairman, I would like to ask the gentle­ the evils suggested in your letter to Mr. LEWIS, or any other e vils man from Illinois [Mr. MANN] the nature of his request. :against which the shippet·s have a rtght i:o complain. The correc::i on Mr. MANN. I say that I introduced in the House yesterday of these :evils, 'SO ·far as I am cmwerned, does not require the abolit ion or destruction of the private car lines. They have undoubtedly been two bills on the subject of common carriers, a.nd I wish t'O ex­ of great service to the public in the transportation of fruit, vegetables. tend my 'remarks in the ·RECORD sufficiently to -explain those bills. etc., and they can continu:e to be of .great service. I am petfectly :Mr. SULZER. Mr: Chairman, I have no obj-ection to that. satls:fioo that they t:Jhall make the business one of profit to themselves as well as to the shipper, but when the question is presented to me, and The CHAIRMAl~. The gentleman from Illinois [Mr. MANN] 3422 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 25,

asks unanimous consent to extend in the RECORD remarks upon -Mr. · FITZGERALD. Providing that agent and assistant the subject which he has indicated. Is there objection? agent of fish hatcheries in Alaska be appointed by the Secretary There was no objection. / of Commerce and Labor. The CHAIRMAN. The pro forma amen~ent offered by the Mr. HEMIDN\VAY. These agents are now appointed by the gentleman from Illinois [Mr. MANN] will be considered as ~resident. For that reason they do _not feel the same obliga­ withdrawn. tion as the head of the bureau ~f fisheries as they would if they The Clerk read as follows : were appointed by the Secretary of Commerce and Labor. · Fish hatchery, Clackamas, Oreg.: For ·the purchase of land and con­ Mr. FITZGERALD. Who are they appointed by? struction of buildings at Clackamas and auxiliary stations, $5,000. Mr. HEMENWAY. They are appointed by the President - Mr. MARTIN. Mr. Chairman, I desire to offer an amend­ now, and this seeks to make the appointment by the Secretary. ment, which I send to the Clerk's desk. of Commerce and Labor. The CHAIRMAN. The gentleman from South Dakota [Mr. l\Ir. FITZGERALD. Does it change the manner in which the MARTIN] offers an amendment, which the Clerk will report. officers are to be appointed so· that they must be confirmed by the The Clerk read as follows : Senate, or are the appointments simp!Y made by the President? Mr. HEMENWAY. They are made by the President. I sup­ After line 21, page 64, lnsert : "Fish hatchery, Spear:fish, S. Dak.: For the purchase of additional pose they have to be confirmed by the Senate, but they are not lands, construction of buildings, repair of damage caused by flood, and officers of sufficient importance to be appointed by the President protection of station against floods, $11,000." and ·have to be confirmed by the Senate. They should be ap­ · Mr. HEMENWAY. Mr. Chairman, I would like to ask the pointed by the Secretary of Commerce and Labor, and ought to gentleman from South Dakota [Mr. MARTIN] if the provision be responsible to him. in the bill provides for the purchase of additional land? Mr. FITZGERALD. Are they under the civil service? Mr. MARTIN. This is the exact estimate, the exact language Mr. HEMENWAY. They are not. of the Treasury estimate. Estimates were for $17,500 for this Mr. FITZGERALD. Will they be if they are changed as item. proposed? Mr. HEMENWAY. And the gentleman's amendment is Mr. HEMENWAY. No. $11.000? Mr. BABCOCK. Mr. Chairman, I desire to ask the gentle­ Mr. MARTIN. Eleven thousand dollars. man from Indiana as to whether there· is not an error in this Mr. HEMENWAY. This is made necessary by tloods, as I section. I find that it provides for the salary of one agent at understand it? $2,500 and one assistant agent at $2,000, which is $4,500, but _ Mr. MAR'l'IN. Something over $5,000 is made necessary by the total given is $7,000. · the tloods. The balance is -for rounding out the plant, the fin­ Mr. HEMENWAY. There were some other items included. ishing of the superintendent's co_ttage, the building of a barn, Mr. FITZGERALD. This agent and assistant agent are ap­ and other improvements in rounding out the station. The sta­ pointed by the President for some specific time, are they not? tion had a very small i_nitial appropriation. Some additional Mr. HEMENWAY. I think not. I do not think there is any amounts have been allowed since, but the request or estimate fixed time. · was for $5,000 for certain buildings, giving the items, and $1,000 Mr. FITZGERALD. If they were appointed by the Secretary . for additional land, and the balance, up to $17,500; for building of Commerce and Labor, would not they become necessarily a bulkhead for protection against tlood, and so forth. There civil-service employees? · was a ·very serious tlood there. Mr. HEMENWAY. This does not change their status. The None of the buildings were injured by the tlood. They are only object is to make them responsible to the Secretary of Com­ 1Ji.gh above the tlood line of the stream. So are the upper merce and Labor, being appoJnted by him. . ponds. The f1ood water cut into the Government land on the Mr. FITZGERALD. That will not affect the men now in lower bench near the creek and injured two or three of the office? lower ponds. It is proposed to repair these ·ponds and build a Mr. HEMENWAY. I think not. stone bulkhead to protect against high water in the future. Mr. - FITZGERALD. I think I will insist on the point of 'l'he first hatchery plants have usually cost about $40,000 0~~ - to construct, and the amount now asked will not make the cost Mr. HEMENWAY. I think the gentleman makes a mistake of the Spearfish hatchery in excess of the-usual expenditure. in insisting on the point of order, unless he ·has some well-de­ The Spearfish is one of the most beautiful mountain streams fined purpose in view. in the United States. It has its source in clear, cold springs .Mr. FI',I'ZGERALD. Wh!, it seem_s .to me that the next step in the interior of the Black Hills. It carries a volume of over Will be to cover these men mto the CIVIl service. 2,000 miner's inches at low water. The hatchery is supplied Mr. I,IEMENWAY. Oh, no; there is no such purpose. with purest water from independent springs owned by the Gov­ Mr. FITZGERALD. I can not understand why a man should ernment. The product of the hatchery is some 3,000,000 young feel any more responsibility in the performance of the duties of his office if appointed by a member of the Cabinet than he would trout per annum. These are distributed throughout the many if appointed by the President of the United States. The con­ ideal trout streams of the Black Hills and in the waters of the trary, I think, is true. Rocky Mountains and Sierra Nevadas. This hatchery and two Mr. HEMENWAY. The gentleman can understand that if others, one at Bozeman, Mont., and one at Leadville, Colo., are he were in charge of a great business he would rather appoint the only hatcheries in the int~rmountain States. They are his own employees than have them appointed by some one else. about 800 miles apart and are all necessary in order to keep the streains of the West and Northwest properly supplied with Mr. FITZGERALD. The President will appoint men recom­ fish. mended by the Secretary of Commerce and J.~abor, will he not? 1\fr. HE.M:ENWAY. :Mr. Chairman, the recommendation was Mr. HEMEN\VAY. I do not know anything about that. I have not the slightest idea about the work of the place. It is for $17,500. 'l'he committee has received ·information since recommended by the Secretary of Commerce and Labor and by passing upon the item, and they have no objection to the amend­ the Commissioner of Fish and Fisheries that these appointments ·ment. be made by the Secretary of Commerce and Labor, and the rea­ Mr. BARTLETT. I understand the committee make no ob- son given is that the appointments being made by him, be would jection to the item. · have better control of the men. . They report to him ; they are The· CHAIRMAN. The question is on agreeing to the amend­ under him; and there is no reason why a $1,800 or $2,000 mnn ment offered by the gentleman from South Dakota [Mr. .MAR­ under the Secretary of Commerce and Labor should be ap­ TIN]. pointed by the President when there are many employees under The question was taken, and the amendment was agreed to. the Secretary of Commerce and Labor now receiving larger sal­ The Clerk read as follows : aries that are appointed by the Secretary of Commerce and For the protection of the salmon fisheries or Alaska, Including sal­ aries of one agent, at $2,500, and one assistant agent, at $2,000 : Pro­ Labor. Then, Mr. Chairman, the gentleman, as I understood, vided, That hereafter the agent and assistant agent provided for by withdrew his point of order, and there was further discussion law shall be appointed by the Secretary of Commerce and Labor, $7,000. on the item; and it now comes too late. Mr. FITZGERALD. Mr. Chairman, I r~serve a point of Mr. FITZGERALD. I think not. order against the language on lines 6, 7, and 8. Why is that The CHAIRMAN. The Chair thinks not. change made? Mr. FITZGERALD. I will insist upon my point of order, I l\Ir. HEMENWAY. I do not catch the statement of the gen­ will say to the gentleman from Indiana, unless there is some tleman from New York (l\Ir. FITZGERALD]. very good reason that make it inadvisable that they should be 'l'be CHAIRMAN. The gentleman from New York [Mr. appointed by the President. · FITZGERALD] raises .a point of order against lines 6, 7, and 8, on Mr. HEMENWAY. I will say to the gentleman that I do not page 65. care to waste any time on it. I care very little about the point, CONGRESSIONAL RECORD-HOUSE. 3423 and ·if the gentleman wants to. make the-point of order· he can not employed from ·time to time-, as the exigencies of the do so-. service demand, as stated in this paragraph? 1\fr. FITZGERALD. I insist upon tbe p()int of. Ol'der. ~ HEMENWAY. It is ,carried just as it is in the present The CH.AIR~!AJ..'f. The Chair sustains the point of order. appropriation act. I understand they are employed: at $2 a day Mr. SHOBER. Mr. Chairman, I did not catch what the gen~ as typewriters to get out this work. It is a service that pay tleman from Indiana said about the a12propriation of $1,000 for back to- the Government a great deal mor.e than the expense of these two .agents. . I . think he made some explan-ation to- the it. My notion is-I am not sur.e that I anL right about it­ gentleman from Wisconsin, but I i:Iid not hear. · that these are clerks whu. are employed without regard to the­ - The Clerk read as follows-: civil service. I Contingent expenses shipping service: For rent, stationery, and other 1\Ir. FITZGERALDd My information is· that there are a num­ requisites fo-r the triUlsaction of·the business of shipping commissioners' ber of clerks who a_ number of years ago. were appointed- up offices, $7;000; and this-sum shall be in full for all such expenses for there_for- temporary duty ; that they were not appointed under the fiscal year 1905, and shall be so disbursed as to prevent a deficiency thtrein. the civil service; tbat_they ha-ve been continued fuom year to year, and that they are doing, the same charactel! of work that Mr. H.EJ~IENW AY. Mr. Chairman, I have an ·amendment to a number of other clerks who are paid proper compensations offer, which is simply to correct the date. are-doing, and· that these elerks: either should: be paid decent sal­ The Clerk read as follows : aries or else they should not be.retained there at all. l_,age 66, line 18, strike out the word " five " and fusert in lieu l\fr. HEMENWAY. I struck. the appropriation out of the bill thereof the word "six." four or five years ago, and I know there was great pressure The amendment was agreed to. brought to bear by these people, who said it would put them out The Clerk read as follows : of the service and result in great hardship, and so forth. So Toward the construction ot the fireproof building for committee the amendment was put back m' th b'll1 th fi 0 f th rooms- and offices for the Hoose of Representatives, provided fo1~ in · · · e - · orr e OOI: e the sundr.y civil act ·approved March 3, ~903, including not exceeding :S:ouse. The gentleman is right. . There are a number of clerks '500 for the purchase of necessary technical and other books, $980,000, employed the1·e, receiving $2 a day, and_I have no doubt some; to continue available until expended ; anq the said office building ~hen of them- are very competent t() earn larger salaries complete, aniL the employ.mt-nt of all services that may be appropriated 1\£, F z . . ~ . for by Congr~ss, necessary for it protection, care, and operation shall, .ll.J...l'. IT GERALD.. I WISh. to- .repeat_ agrun, I understand subjt-ct to the approv~l and' direction of the Committee on ~~es of the that these clerks at this compensa,bon are._ not paid adeqmrtely, House of ReQresentatives, _be und~r _the control and supervtswn of ~e , and for the purpose of testing-the sense of the committee: I wish Superintendent of the Capttol Bmlding and Grounds, who shall submit to ff - annually to Congress estimates in. detail for all such services and for O er an amendment. other expenses in co·nncction with s~d building and necessary ~or its l\.Ir. HEMENWAY. I shall. object to any amendment.raising t~:se and oc~upancy; and said' C~mmlttee on Rule~ shall f!:om time ~o this pay. The· gentleman from Wyomina0 [Mr MoNDELL.] bad t1me prescribe rules and regulatiOns to aovern said superrntendent m h · . . : . • making au· such employments, together wlth rules and regulations gov- t em un~er hts ~mploy for a while, and poss1bly he can- giVe erning the use and occupancy of all rooms and spaces in said building. us some Informati-on as to what they do. _ _ Mr. BABCOCK. I make the point. of order against the part · The ~HA.IRMAN. Does the gentleman from New York with- of page 67 indicated. draw his pro forma· amendment?. The Clerk read as follows· Mr. FITZGERALD, I do. I make the point of order ·a~ainst that part of· page 67, after the Mr. l\IONDELL. These clerks receiv~ inadequate c.ompensa- word " expended," in line 12, down to and including line 25. · tion.. There is no question about that; but this is not regular · . · , , and. steady work. This force is increased and decreased as- Mr. BABCOCK. l\Ir. Chairman, my point of order is that there is a demand for their services. It would -be impossi.ble is new legislation, and not in accord with the rules of tlie House. 1\-!r. HEl\fENWAY. There is- no doubt it is subject to the t

. 3424 CONGRESSIONAL. RECORD-HOUSE .. FEBRUARY 25,

it by resh·icting it to $3 a day, or $1.50 a day. This is a limita­ several States and Territories may be entitled to In lieu of lands granted tion upon the appropriation. them for educational and other purposes which may have been sold or included In some reservation or otherwise disposed of, and· other sur­ The CHAIRMAN. The Chair thinks not The Chair thinks veys shall be confined to lands adapted to agriculture and lines of that fixing a salary is not a limitation. The Chair sustains the reservations, except forest reservations, and lands within boundai:ies of point of order. forest reservations, except that the Commissioner of the General Lund .Office may allow, for the survey and resurvey of lands heavily timber~d, , Mr. MANN. Mr. Chairman, I move to sh·ike out the last mountainous, or covered with dense undergrowth, rates not exceeding word. I simply wish to say that several years ago I had struck $13 12er Unear mile for standard and meander lines, $11- f township, out on a point of order-and this is subject to a point of order, and ~7 for section lines, and in cases of exceptional difficulties in the surveys, where the· work can not be contracted for at these rates, com­ and was so held by the Chair at that time-this item and a pensation for surveys and resurveys may be allowed by the said Com­ number of other items in the bill similar to it missioner, with the approval of the Secretary of the Interior at rates I think that is the reference that the gentleman from Indiana not exceeding $18 per linear mile for standard and meander lines, $15 for township, and :ji12 for section lines : Pt·ovided further, That in the made. It ne""Ver went out of the law because the item was re­ States of California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, stored ~n the Senate, but at that time I had occasion to look up Washington, Wyoming, the Territories of Arizona and New Mexico, and this matter of the clerks. There is a definite number. It is the district of Alaska, there may be allowed, . in the discretion of the Secretary of the InteriOI', for the survey and resurvey of lands heavily not so many this month and another number next month and a timbered, mountainous, or covered with dense undergrowth, rates not less one the next month, as suggested by the gentleman fiom exceeding $25 per linear mile for standard and meander lines, $23 Wyoming. There is a fixed number of clerks maintained right for township, and $20 for section lines ; the provisions of section 2411, Revised Statutes of the United States, authorizing allowance for sur­ along, and their salary has been the same for years, and- the veys in California and Oregon, are hereby extended to all of the above­ same sum has been appropriated. named States and Territo~·ies and, district. And of ·the sum hereby Mr. HEMENWAY. I will suggest that that was fixed after appropriated there may be expended such an amount as the Commis­ sioner of the General Land Office may deem necessary for examination the gentleman made the point of order, for the reason that the of public surveys in the several surveying districts, by such competent appropriation was $10,000, and they would spend it all in the surveyors as the Secretary of the Interior may select, or by such com­ first half of the year; so we ascertained as nearly as possible the petent surveyors as he may authorize the surveyor-general to select, at such compensation not exceeding $6 per day, and such per diem allow­ number of people they had and put this limitation on. ance in lieu of subsistence not exceeding $3, while engaged in field Mr. MANN. I am not criticising the limitation. I will say, examinations, as he may prescribe, said per diem allowance to be also for tile benefit of the gentleman from Indiana, that at that time made to such clerks who are competent surveyors who may be detailed to make field examinations, in order to test the accuracy of the work in I asked the Department to furnish me with a list of the clerks the field, and to prevent payment for fraudulent and imperfect surveys employed under the per diem allowance, and I found that there returned by deputy surveyors, and for examinations of surveys hereto­ were not fiye employed in any one division; but some were em­ fore made and reported to be defective or frandulent, and Inspecting mineral deposits, coal fields, and timber districts, and for making by ployed in every division. They would employ clerks under this such competent surveyors fragmentary surveys, office examination of division and put them at work in other divisions that had noth­ surveying returns, and such other surveys or examinations as may be ing,to do with this work. required for identification of lands for purposes of evidence In any suit Mr. FITZGERALD. Mr. Chairman, I offer the following or proceeding in behalf of the United States. , amendment. . Mr. l\10NDELL. Mr. Chairman, I offer the following amend­ The CHAIRMAN. The gentleman from New York will offer ment, which I send to tlie desk and ask to have read. an amendment, which the Clerk will report ~'he Clerk read as follows: The Clerk read as follows : Page 72. line 15, strike out " three" and lnsert In lieu thereof the word "four." In line 13, page 72, Insert: " Prov ided, That whenever any vacancy I occurs in the places provided for herein, such vacancy shall not be l\fr. 1\fONDELL. l\Ir. Chairman, the proposed amendment filled. ·• increases the appropriation for public-land ·surveys $100,000, Mr. HEMENWAY. I make a point of order against that and I hesitate about offering an amendment increasing by. this amendnient that it is a change of existing law. large amount an item in a bill which has been as very carefully. The CHAIRMAN. The Chair sustains the point of order. prepared as thi3 billllas, but in view of the numerous items that Mr.- ·FrTZGERALD. Mr. Chairman, I wish· to call attention a bill of thls kind c:irries it is manifestly· impossible- for the to the fact that there is no existing law ; that this provision is committee to have full. and complete knowledge of the reason­ all the authorization there is. ableness of every item. I want to call attention to the fact The CHAIRMAN. It has been carried in the bill year after that my amendment leaves the appropriation $36,000 less than year. The Chair sustains the point of order. it was last year and that it raises the item to the amount asked Mr. Fl'l'ZGERALD. l\Ir. Chairman, I move to strike out by the Secretary of the Interior. Now, the estimate of· the Sec­ the last word. My attention has been called to the condition retary of the Interior was low in the extreme, as was stated ·by of these clerks. I understand as the gentleman from Illinois the Assistant Commissioner in the hearings. In the first place; does, that tllere are a certain number of clerks who originally let it be remembered that no estimates were made by the sur­ were put in this otfice because the exigencies of the service re­ veyors-general of the various States, except where· settlers have quired that they should be employed there temporarily. The applied for land surveys. Their estimates this year amount to exigency passed long since, but these clerks have been retained. $600,000 for surreys where settlers 'vho were already on the There are a number of clerks engaged particularly in this land had applied to_ have the Jand surveyed. Add to that $100,- work and in different offices of the Department of the Interior 000, which is the estimated amount required for examinations, at a salary of $2 a day. '.rhey have no fixed tenure of office; for fragmentary surveys, for the purpose of examining into the they are at the will of the chief of these different divisions. bona fides of applications for surveys, and we have $700,000. Their compensation is grossly inadequate compared with other In addition to that, tWs Congress has provided for resurveys clerks doing similar work side by side with them in the office. amounting to $134,000. I think tbe chairman of this committee should adopt some such If one-half of those resurveys were to be executed this year amendment as this so that when these clerks who were brought the total amount required for lands where settlers have applied in there and have been kept there leave the service, for what­ for surveys, for examinations, and fragmentary surveys, for ever cause, that this system of employing clerks should cease, half of the surveys authorized by this Congress; would amount and if this Department requires additional help it should be to $800,000, and the Commissioner has asked for only $400,000, given to it at decent wages. · one-half of tlie amount which really ought to be expended. We My attention has been called to the condition of some of have in the United States, exclusive of Alaska, and of lands these clerks, and their condition is very pitiable. I am sure open to entry, over 210,000,000 acres unsurveyed, and with uri the gentleman from Indiana, if he were to familiarize himself appropriation of $400,000 this year it would require a· like with the facts, would not care to ha'e the situation continued. appropriation for thirty years to survey the remaining un'slli--. I do not know how many there may be of these clerks, but veyed lands in the United States, exclusive of Alaska, without those who are there should have their salaries increased, or mentioning resurveys and fragm~ntary surveys. Now, these when a vacancy occurs, the employment should ·cease; and if land surveys are the foundation of all settlement. There can the Department needs additional help they should be employed be little permanent settlement and development in the West under the general law. until the surveys have been executed. Formerly the amount The Clerk read as follows : available for surveys was much larger than recent years and SURVEY! TQ THE PUBLIC LANDS. we did survey . vast tracts where there was little settlement, For surveys and resurveys of public lands, $300,000, at rates not exceed­ but in late years no surveys have been executed except where ing $9 per Uneat· mile for standard and meander Unes, $7 for township, settlers have ~ applied for them and where the examiners for and $5 for section lines : Provided, '.rhat in expending this appropria­ l)epartm~nt lu~ve, in tion preference shall be given, first, in favor. of surveying townships the by examinations the field, proveu occupied, in whole or in part, by actual settlers and of lands granted the bona fides of those applications, so tbat we ure sure that to the States by the acts approved February 22, 1889, and the acts this appropriation will not be used except in those cases where approved .July 3 and .July 10, 1890; and, second, to .surveying under such other acts as provide for land grants to the several States and there are settlers ~n the lands and where tile surveys must Territories, except railroad land grahts and such Indemnity lands as the be executed if they are to be allowed to make their entries 1905. CONGRESSIONAL RECORD-HOUSE: 3425 and secure title to their lands. The amount we now ask is with $300,000 the necessary surveys next year could be made, $200,000 less than would be required to survey the lands so they cut off the estimate on this item $100,000. which settlers have applied for, without taking into considera­ Mr. LITTLEFIELD. And the bill carries nearly $8,000,000 tion the resurveys which have been provided for by this Con­ more than last year, in the aggregate. gress, and without taking into consideration the $1001000 re­ .Mr. HEM:ENW AY. The bill carries $8,000,000 more than quired for fragmentary surveys, examinations of bona fides, last year. and the suryeys of fragmentary tracts. In other words, what Mr. LITTLEFIELD. Notwithstanding these cuts you have we ask for now is one-half what we ought to have to carry on made. ' the surveys as they should be carried on. The estimate of Mr. MONDELL. Will the gentleman .allow me to answer the Commissioner was an exceedingly conservative one, and I the questions which he propounded? The gentleman asks, first, hope that the committee will see its way clear to agree to When will we get through making resurveys? Now, in the first the amendment. · place, this item will not allow for the survey of any large por­ Mr. DIXON. Mr. Chairman, I sincerely hope that this tion of the resurveys provided by Congress. We will get amendment will prevail. There is not a Congressman from the through making resurveys when we have resurveyed the old, ,West whose mail is not overwhelmed and flooded with letters faulty surveys made twenty-five or thirty years ago, when there from actual settlers wanting to know why their lands can not were no examinations made of surveys. The committee wants be surveyed, so that they can. get title. In the bill which has to understand that there are no resurveys made, never have been reported $100,000 has been stricken from the recommen­ been, and probably never will be, of any land surveyed within dation of the Commissioner of the Land Office, and at the rate the last twenty years, or since we adopted the policy of ex­ of surveys allowed for this year it will take sixty-five years amination in the field of ·an land surveys. Resurveys are to finish surveying the State of Montana. The bill as reported only required on the old surveys where there was no exami­ will provide for the surveys of only thh·ty-seven townships of nation in the field and where, as a matter of fact, a surveyor, in Iand-in the pro rata portion allowed in the estimate of the many instances, never crossed the country which he claimed to Department for the whole _State of Montana-during the ensuing have surveyed, so that the matter of rE::surveys should not be year, while there are petitions on file from hundreds of bona raised in connection with this item. Now, the gentleman sug­ fide settlers praying that their lands may be surveyed, so that gests we are appropriating large sums for topographical and geo­ they may obtain title. We appropriate here $100,000,000 for logical -surveys. Now, I have no disposition to criticise those battle ships for a navy, $17,000,000 for rivers and harbors, and items, but they are, after all, as compared with land surveys, hundreds and thousands of bona fide settlers in the West are somewhat in the nature of luxuries. We wish to have the living the1;e year after year with no remedy in sight, asking topographic surveys extended, for they are of great value. Yet only that the amount of $100,000 shall be added, as asked for the settlement and development of the country depend to a by the Department I sincerely hope the amendment will prevail. less degree upon the extension of topographic and geological Mr. LIND. Mr. Chairman, will the gentleman from Mon­ surveys than upon land surveys. tana yield to a question? The settlement and development of all the West depend upon Mr. DIXON. Certainly. _ the extension of the public-lands surreys. The State of Mon­ Mr. LI~TD. Is it not a fact that the Department recom­ tana to-day has 53,000,000 acres unsurveyed out of her 100,000,000 mended $100,000 more than the bill carries? acres. · Several of the Western States and Territories are but 1\fr. DIXON. Yes; and then based the recommendation on half surveyed at this time. The settlement and development only two-thirds of the amount for surveys petitioned for by of that region is more rapid to-day than it ever has been before. settlers. They cut it down 33! per cent in the Department. The settlers are going into the mountain valleys. They are Mr. LIND. Mr. Chairman; I would like to ask the chairman attempting to farm, develop, cultivate, and reclaim where they of the committee why this estimate was cut. never have attempted it before, and not a penny is expended or. Mr. HEMENWAY. Pardon me. will be expended under this appropriation except where the set­ Mr. I ... IND. I would like to ask why this estimate was cut. tler is already on the ground and where he is demanding that Mr. HEMENWAY. I would say to the gentleman that some- the Government survey his lands. And even with the increase thing like $9,000,000 have been cut below the estimates, and this we ask only half of the surveys can be made that are asked for is one of the cuts. We have been appropriating for many years, by settlers and provided for by Congress. And certainly this ranging all the way from $50,000 a year up to $400,000 a year. committee can not afford to cut down an item which goes to the In 1903 our appropriation was $325,000. Now, as I understand very foundation of the settlement and development of the west­ it, nearly all the agricultural lands in the Western States have ern country. · been taken up and surveyed, and they are spending large sums Mr. GARDNER of Michigan. Mr. Chairman, I would like to of money here in malting surveys that seem to us to be unneces­ call the attention of the gentleman from Montana [Mr. MoN­ sary at this time, and the committee believing that with $300,000 D.ELL] to some statements here: the necessary surveys could be made reduced the estimate from And of the sum hereby appropriated there may be expended such an $400,000 to the $300,000 recommended by the committee. amount as the Commissioner of the General Land Office may deem necessary for examination of public surveys in the several survey­ Mr. MONDELL. Will the gentleman allow me? Did the ing districts by such competent surveyors as the Secretary of the In­ committee take into consideration the fact that no surveys are terior may select, or by such competent surveyors as he may authorize made in these days except where settlers have applied for the the surveyor-general to select, at such compensation not ex~eedin~ $6 per day, and such per diem allowance in lieu of subsistence not exceed­ surveys, and even then, if there be any doubt of the bona fide ing $3, while engaged in field examinations, as he may prescribe, said character of the settlem~nt, not until examinations have been per diem allowance to be also made to such clerks who are competent made in the field of the bona fides of those applications, and surveyors who may be detailed to make field examinations, in order- that this Congress has authorized a hundred and forty-one thou­ For what?- sand dollars worth of resurveys, and that, with the appropria­ to test the accuracy of the work In the field and to prevent payment for f raudulent and imperfect surveys returned by deputy surveyors and tion raised as we propose to raise it, it will only take care of for examinations of surveys heretofore made and reported to be de­ one-half the demand and one-half of what Congress has pro- fective or fraudulent and inspecting mineral deposits, etc. vided for? - Now, the point is this. A vast deal of imperfect surveying :\1r. HEMENWAY. 'Therein the trouble comes. Congress is has been done. The Government has expended more money in all the time recommending resurveys. When on earth will we surveying than it could expend judiciously and accurately· in get a survey that will not have to be resurveyed over and over its work. Now, what? It asks $400,000, a part of which shall again? It looks to me that the $300,000 appropriation would be used-how much is not stated-not to resurvey, you say, but take care of all necessary surveys. The gentleman has been in to see whether the surveys already made are accurate. By charge of the Land Office. I believe that was his position-- whom? By the Government; by the Secretary of the Interior. Mr. MONDELL. In a minor capacity. Do you want to expend $400,000 to go over the work done and Mr. HEMENWAY. But we find in the items for survey we repeat the operation? Is it not better to go slowly and be sure are spending a world of money. Through this item we are you are right, give them less money and let them do well the spending a lot of money for surveys, and it looks like through­ work they have to do, and not come in here next year and ask out every department of the Government this question of sur­ a hundred thousand dollars, more or less, to test whether the veys gets in until there is no end of the amount of money we are work made this year_has been accurate or not? In other words, paying right along. This appropriation has run for 1894, it is up to the Department of the Interior to do its work and do $200,000 ; for i895, $250,000 ; 1896, $250,000, and so on down. it right, and not ask the Congress to make an appropriation by All along the line, in every department of the Government, they which to do it over agairi in order to make it right. make the statement that the appropriations must be increased 1\Ir. MONDELL. 1\Ir. Chairman, I think the gentleman from all the time. Now, then, there must- be a cut somewhere. The Michigan [Mr. GARDNER] misconstrues the meaning of the sec­ committee, after giving this careful cOnsideration, believed that tion or the part of the section which he has just read. No part XXXIX--215 3426 CONGRESSIONAL RECORD-· HOUSE. FEBRUARY 25,

of the appropriati"On herein proposed is used to test the a.ceura~y TOPOGlU.PHIC SUBYEY·S. of any survey that bas been accepted .by the Government The [Sundry civil bill, p. 77.] gentleman certainly 'Will not criticise the field examination of (1) Why the desired -tn.crease in the appropriations was not included surveys, which examination makes it impossible for a _fraudu­ in. the estimates from the Inte1'ior Deparlment.-The Secretary of the In.terior and the Director of the Geological Surve-y, in their desire to lent or erroneous suiTey to be executed and .accepted. The · follow conservative lines, have carried out the Pres1dent's general re­ item for examination in the field is used in this way: A con­ -quest in not asking for inc-reased appropriations when it was possible tract is let to a deputy surveyor"' who is a sworn officer of the to avoid doing so. Consequently no increase in the appropriation f.or topogra~hic surveys was included in the estimates. Government, though not under Government pay. He is a con­ (2) '1. he demand for achlition-al topographic surveys comes 1wl from tractor. 'I'he contract is Jet generally for, not to exceed $5,000 Washington, but from thte people.-The demand for this increase In to any one -person, or the amount that a deputy surveyor can the appropriation fo:r making the topographic surveys of the -country comes dlreetly from the people living in the many different States e-xecute in one .surveying season. When that deputy surveyor and Territories who are trying to build up the varied industries of the calls to the attention of the surveyor-general of the State the country. fact that he has completed his survey in the fiel~ then one of It comes from the State geologists and mining commissioners, who are trying to build up the mlneraf industries of the country. these examiners .is sent into the field to examine the llnes of It comes from the commissioners of agriculture and others, who are sm'"lrey. He takes up the lines of survey bit or miss. He does trying to build up the acricultural Interests of the country. not rer:un all of them, but he endeavors to examine the survey it comes from those who are endeavoring to develop tbe forests. It comes from the State engineers, who are trying to develop the wa· in several places and on different sides and to examine its accu­ ter supplies and water powers of the country. · racy, and upon examination he reports to the Department, and It comes from the road builders in different parts of the country. upon that report the survey is either accepted or the surveyor It comes from the engineers of the Army, who are ende.avorin.g to co.n­ is ordered into the field for the purpose of correcting hiS survey, struct the much-needed military maps of the country. The CHAIRMAN. The time of the gentleman from Wyoming APPROPRIATION ll'O.R UNITED STATES GF.OLOGICA.L SURVEY. CUr. 1\!oNDELL] has expired. [Sundt•y civil bill, page 77, line 4.] The question is on agreeing to the amendment. Increase of appropriation. for topographic IU~l/B Trom $300,000 to The question "Was taken, and the Chair announced that the $350,000. noes seemed to have it. Since 19-02 there has been no increase in tbe appropriation for topo­ graphic surveys, the amount standing at $300,000 per annum-a om l\fr. l\1 0 ND ELL. Di-vision ! sufficient to permit the allotment of not. over 6,000 annually to the The committee divided; and there were---ayes 43, noes 22. work in each Staie and Territory; a sum too small to permit work in So the amendment was .agreed to. more than one Congressional uist:rlet an.oually in each State, whereas. the demands for surveys by Members of Congress in behalf of their The Clerk read as tollows : constituents require several t1mes this amount. For topographical surveys in various portions of the United States, In the first twenty-five years of its existence the tooogra1>hk branch f300,000, to he immediately available. at the Geological Survey has mapped nearly 1,000,000 quare roUes, which Is about one-fourth of the area ol the United States, including Mr. .ADAMSON. Mr.. Ghalrman, I offer the amendment that Alaska. At this rate It will be seventy-five years before the whole I send to the Clerk's desk. country is mapped. Meantime, the immediate demand f.or the wo-rk is , The Clerk read as 'follows : pressing, and important developments in all parts o! th~ country are being held back aud hampered by the lack of good maps. Page 77. Une 4, strike out .the words "three hundred •• and insert The appropriation for this work sbon1d be increased tllls year at the words " thl'ee bandred .and :fifty." least $50,000. The larger faclllt1es for tbe efficient d-oing of this l\Ir. .ADAMSON. !r. Chairman, I send to the Clerk's desk additional work are immediately available., so that no time need be lost. Without increase of approjlriation the Survey is falling behind a. memorial presented by the geologists and mineralogists of the 1n the topograpWc work-dom~ less (\ach year, because of the demand several States. It is in the torm of a etter addressed to the !or a Wgher grade of wo-rk, whtch makes the funds go a less dlstance. Speaker of the House, with some statement 'Of information The development of our natural resources and lndustrles is being retarded for lack of topographic maps, while tbe United States is to--day compiled by these aforesaid gentlemen. I ask unanimous con­ more deficient in military maps than is any other great country. . sent that it may be read at the Clerk's ~esk without being They are being called for in every section of the country, and by the War, Post-Office, and AgricoltUl'al DeQartments; they .are needed charged to my time. for public road improvement, in railw-ay devek>pment, as a basis for The CHAIRMAN. The gentleman from Georgia asks unani­ soil examination and other agricultural development, for water-supply mous consent that the memorial be read without being charged developments for towns and cities, for forest examinations and improve­ against his time. Is there ()bjection? [After a pause.] The ments, a.s guides in tbe planning a.nd operation of rural free-delivery Chair .hears none, routes, and for many other purposes.. The Clerk read as follows : · Mr. .ADAMSON. Mr. Chairman, the paragraph itself prac­ FEDRU.A.R't 23, 1905. tieally recites the purposes of tills appropriation as well .as the n:'he SPEAKER HOUSE Oll' REPRESENTATIVES, benefits expected therefrom. The !act that $300,000 ; has been WCJ:Shington, D. 0. appropriated annually for three or four years is argument Srn: In order that the Director of the United States Geological Snr­ v.ey may. prepare more raJ)idly the topographic map of the United States, enough that it is a good thing. T.be only objection to it 1a we re pectlully ask that the appropriation frrr topographie surveys be there is not enough of it. lt does not get along fast enough nor largely increased. extend far -enough in the distribution of the benefits of the Geo~ ~'his work can not be done by the several States, as years would be required for training men and organizing a system such as the General logical Survey to the people throughout the country. For eight Government has already In force; and the methods and results In sur­ years I have been endeavoring to secure only one of the e quad­ veyina, engraving, and publishing would be so diverse that the value rangles, and each time I .have been assured that it would be o! the maps, both for local and natiMaryland ; E. A. Birge, State geologist of Wisconsin; Edward Orton, State larger sums often appropriated for purpose not .balf ·so worthy geologlst ot Ohio .: Frank A. Wilder, State geologist or necessary. The present appropriation permits less than one o! Iowa; W. B. Blatchley, State geologist of In­ North Carolina; E. A. ering the vast revenues of the Government, the vast and varied Smith, State geologist of Alabama ; Alfred C. Lane, interests of the country, the multitudes of different people, State geologist o! Michigan; E. R. Buckley, State geologist of Missouri ; G. H. Perkins, State geologist classes, and professions concerned and to be affected by this of Vermont; Lesley A. Lee, State geologist of Maine; survey, the vast local utility as well as general advantage to Wm. North Rice, State geolo~ist of Connecticut_; accrue therefro~ we can afford a little bit of an increase; a Erasmus Haworth, State geologist of Kansas; c. J. small modicum, so as to gratify the people in those localities Norwood, State ~eologist of Kentucky; H. B. Knm­ mel, State geologist of New :Jersey; Thos. L . Watson, that are most loudly demanding an extension of this survey, State geologist of Virginia; Earl Sloan, State geolo­ I appeared before the Committee on Appropriations and re­ gist of South Carollna; Chas. N. Gould, Territorial quested this .increase after the Director of tbe Geological Survey geologist of Oklahoma; Wm. :P. Blake, Territorial geologist o! Arizona; E. H. Barbour, geologist, Lin­ had assured me be did n<>t have money en<> ugh to begin all the coln, Nebr. ; E . F. White, .commissioner of mines of necessary work demanded .and would not have it unless this Colorado ; :r. W. Finch, State geologist of Colot·ado; H. C. Beeler, State geologist of Wyoming; Louis E. appropriation should be increased. I received the reply, among .Au bury, State mineralogist of California; :r. N. Pew, others, that they would not increase it, because. estimates had chairman geologist and topographic survey commls­ not been submitted asking that an increase be made. Qf course .sion ot Pennsylvania; Henry A. Van Alstyne. · State engineer of New York; F . W. Hodgdon, chief engi­ I understand that, as of course every bureau and Department n eer, Massachusetts harbor and Land commission._ is now trying to economize, trying to cut otr expenses. The ·1905:> CONGRESSIONAL RECORD- HOUSE. 3421

Director of the Geological Survey can not increase the esti­ this appropriation for soil-surface maps or topographical sur­ mates .without the approval of the Secretary. The Secretary, veys since 1902, and, with the growtll of the country, something in a general effort to hold down the expenses, would not wish should be done, and done now, to meet the demands of the peo­ to increase the recommendation, yet the Director tells us that ple for the increase of this appropriation. The-re is a growing our requests are meritorious and that if we can increase the and increasing demand for this work of the Government. appropriation he can and will extend the survey ; and we, rep­ Mr. GILLETT of Massachusetts. This is quite distinct from resenting the people, come here and ask for this increase, backed the soil maps. Those are "lnade by the Agricultural Department. up by the popular will, from every State and Territory, from Mr. THOMAS of North Carolina. I understand very well the all over the country-the geologists, the mineralogists, the road distinction, Mr. Chairman. Certainly these topographical sur­ builders, those interested in extending rural free delivery, those veys have to do with the soil, and they are demanded by the interested in the various water supplies, railroad building, and agricultural people of the country. everything else--and ask this House to increase this appropria­ 1\Ir. HEMENWAY. The gentleman is mistaken. The topo­ tion $50,000. Let not those who have already been served ob­ graphical maps have nothing to do with the soil. ject to extending the system to us and our people, who have Mr. ·WILLIAMS of Mississippi. If the gentleman from In­ thus far been neglected. [Loud applause.]. ~ diana will pardon me, they have practically very much to do Mr. GILLE'lv.r of Massachusetts. . Mr. Chairman, it would with it. The Agricultural Department has uniformly refused of course be very pleasant if this appropriation could be made to make a soil survey where there is no topographical map. large enough to go all around. It would be pleasant if each Mr. THOMAS of North Carolina. That is true. one of us could have some of it ·in his district. It would be Mr. 'WILLIAMS of Mississippi. Down in Mississippi, for ex­ pleasanter still if we could appropriate money enough to justify ample, they were extending the soil map until they came to a a complete survey of the whole United States this year. But certain line where there were no topographical surveys made by we all appreciate that that is impossible. The question for us the State or National Government, and they therefore quit­ to decide is how much is a reasonable amount for us to appro­ and they were sensible in doing so-because they had to make priate to keep on extending this survey in which the United two surveys at the sam~ time, and it cost more money, and they States is engaged. Now, as the gentleman from Wyoming ~aid preferred to use their money where the topographical survey in discussing the last amendment, this topographical survey is had already been made. · after all a luxury. It is not a necessity. It is an excellent Mr. THOMAS of North Carolina. They are used, 1\Ir. Chair­ thing for our communities, for our corporations, for our roads; man, as the basis of the soil surveys or soil examinations and but it is not necessary for the development of the country. It is other agricultural developments. OI,lly a luxury. Now, tile committee bas felt that for the last Now, since 1902 there has been no increase for these topo­ twenty years that this appropriation-- graphical maps, and, as stated by the gentleman from Georgia 1\lr. SHERLEY. Will the gentleman state bow much of this [Mr. ADAMSON], they are demanded by the people of the coun­ luxury the State of Massachusetts has had? try, and are needed for public road improvements, in railway de­ Mr. GILLETT of Massachustts. I have not the least idea. velopment, as a basis for soil examination, for water-supply Mr. SHERLEY. Has not the whole State been mapped? developments for towns and cities, for forest examinations and Mr. GILLETT of Massachusetts. I think not. improvements, and as guides in the planning and operation of Mr. SHERLEY. I thought the gentleman was informed. rural free-delivery routes. I hope the amendment offered by the Mr. GILLETT of Massachusetts. I have no idea what locali­ gentleman from Geogia [Mr. ADAMSON] will prevail, and that ties have been surveyed and what not. the appropriation will be increased. I would be glad to discuss I am very strongly of this impression, however, that the State the matter further, but we are anxious to get a vote and the of Massachusetts has cooperated with the Survey and paid half sense of the committee upon this proposition. of the expenses and has already done as much as the United The industrial development of the whole country demands States has. A good many of the States have been doing that larger appropriations for these topographical maps; State geolo­ same thing for years. gists and commissioners of agriculture demand more money for 1\Ir. WILLIAMS of Mississippi. Does not the Bureau de- this important work, and the people of the country demand it. mand that? · Mr. FINLEY. .Mr. Chairman, I think that this amendment Mr. GILLETT of Massachusetts. It does not. I think it sho11ld prevail, notwithstanding the fact that the full amotmt of would be a good plan if the Bureau would demand it. the estimate is contained in this bill. Why, Mr. Chairman, it is Mr. WILLIAMS of Mississippi. Practically it has done no true that there was a demand upon the various Departments this work where the State has not? year for economy, and while it is true that the Geological Survey 1\fr. GILLETT of ;Massachusetts. Yes; last year the Bureau asked for $300,000, which is no more than has been granted for had $300,000 and they only received from the States $100;000, several years past, it is also trtie that other Departments of the showing that they only received one-third as much as the Gov­ Government have asked for a great deal more than has been ernment appropriated. I think it would be a good plan if the appropriated for during the past three years. I do not think Bureau would say that they would only expend the money that anyone will dispute the proposition that topographical where the State would contribute one-half, but they have not surveys are necessary. 'I'here can be no geological surveys without clone so as yet. a topographical survey having first been had. Not only is this h-ue, But, Mr. Chairman, the development of this Survey shows but in the various areas of the TJnited States where there are that until 1903 we never expended more than $250,000. Then minerals to-day the areas that show the greatest development the Treasury being flush, we increased the appropriation to are those areas where topographical surveys ha\e been made. $300,000, and for the last three years we have had $300,000 a These surveys are the foundation for geological surveys and the year, and that is all the Survey estimated and asked for this geological surveys are necessary for any intelligent investigation year. Now, this year the Treasury is pinched, and the com­ of tl1e mineral resources of any community. mittee thought that if we were to make any change this year, · Now, I know in the South, in the particular section where I instead of inereasing the appropriation, we should diminish it, live, there is to-day a demand that makes it a necessity if the but we have given the same amount this year that ·we have for mine1'al interests are to be developed. There was mined in the last three years-the most that we have ever given. We do South Carolina 'last year 40 per cent of all the gold produced not think this year is the time when we should increase the ap­ in the United States east of the Mississippi River. There has propriation, and therefore I hope that the amendment offered been no geological survey there, and it is a necessity. In that by the gentleman from Georgia will fail. section there are deposits of tin of commercial importance. Mr. LITTLEFIELD. May I ask the gentleman a question? Only last year one man mined and shipped two carloads of tin Mr. GILLETT of Massachusetts. Certainly. ore from Gaffney, S. C., to Cornwall, England, at a profit of Mr. LITTLEFIELD. I would like to inquire whether this $12,000 on the two carloads. appropriation is equal in amount to the recommendation of the Mr. HEMENWAY. Mr. Chairman, let me ask the gentleman Department? right there. The gentleman made a profit of hQw many thou­ Mr. GILLETT of Massachusetts. I have already said that sand dollars? it was exactly the amount estimated for · and asked by the De­ Mr. FINLEY. Twelve thousand dollars on two carloads. partment. Mr. HEMENWAY. Had he better not do a little surveying Mr. LITTLEFIELD. So that the committee has reported all for himself in place of asking the Government to keep on mak­ tLat the Department wants? ing these surveys in order that private individuals may make Mr. GILLETT of Massachusetts. Everything that they ask. large profits? Mr. THOMAS of North Carolina. Mr. Chairman, I move to Mr. FINLEY. Well, my friend, Captain Ross, who has made strike out the last word. I think this is a question of neces­ this find, and has been so fortunate, is not here asking the sity and is not a question of luxury. I think the records will Government for a survey, but the people of that section wlto bear me out in the statement that there has been no incease in believe that they have tin wish a geological survey for the 3428 CONGRESSIONAL RECORD-HOUSE~ FEB~UARY 25,

purpose · of prospecting tbe matter intelligently~ The same In fi:r-e yea:rs this appropriation has moved up $498,000. We is true as to mGn.azite and cop-per~ Not only is this 'true as to hm·e this condition presented to Congress : ElVery dollar the minerals, but it is also true as to water powers, and t-o-day in Director of the Geological Survey ash.--s for on this item is given, all that northern section of South Carolina, and the southN"n .and yet we hay-e -coming from that .side of the Rouse a proposi­ and western sections of North Carolina., it is of th utmost im­ tion to go him one bette-r, and then we have from our own .side portance that intelligent .surveys be p1ade of the water powers. -of tb..~ House the .statement that notwithstanding the estimate So, Mr. Chairman, I submit that it is a necessity, and we are is .giren, they want more money. Yes; they want more money! not here a.Jct.ng the Congress .of the United 'States to a-ppro­ In the last Congress we decreased the estimates $42,:000,000; priate money for an unnecessary purpose. While it is argued but notwithstanding that fact, when this fiscal year closes we that other· States contribute, I a"Sk, Is it fair and right for the will have a de.ficieney of $20,000.000; and from the other side of Government of the United States to .appropriate money for a the House the other day I heard some one saying, " Didn't you public purpose and then to provide in effect that that money Republicans say you could keep within the reT'enues1 " shall only be expended in State.s where the States chip in, go .1\Ir. WILLIAMS of Mississippi. Mr. Chairman-- in copartnership with the Government, so to speak? That Mr. HIDIENWAY. I will yield directly. Keep within the would mean that the wealthy States; tbe 'States having the revenue! When you have a chance to vote to help keep within ability to do that, would obtain all of the benefits of this class the revenue, why do you not dolt? . of appropriations. This policy is unsound from the standpoint Mr. VANDIVER. Will the gentleman yield for a question? of every sound theory 'Of government.that I am acquainted with. Mr. HEMENWAY. Why do you vote for every increase in I hope the amendment will prevail. _ the appropriations that is .suggested in Committee of the 'Whole, Mr. OLMSTED. Mr. Chairman, I move to strike out the last where there is no record vote, and then when the time comes word. I do not know what the Department may have included hold up your hands and say, "Wlly didn't you keep down the in the original estimate as the amount desired. but I do know appropriations? " r that the Department does desire and does ask for more money, :Ur. VANDIVER~ Will the gentleman yield? and I feel that it ought to huve it. • 1\Ir~ HEMENWAY. No ; I do not yield. When we come to :Mr. HEl\IENWAY. · JI.Ir. Chairman, I will ask the gentleman this ~rote, let us se.e how many of you gentlemen will vote to in­ where he gets his information. We have before us the esti- · crease the estimate mad~ here by the Director of the Geologieal mates in which the Department asks for so .much money. Now, Survey. if the head of the Geological Survey, ·Or the Secretary of the In­ 1\fr. VANDIVER. Will the gentleman yield? terior, outside of his estimates, c.omes lobbying around with 1\ir~ H1ITI\1ENW..AY. I decline to yield to the gentleman. the 1\Iembers of Congress we Qught to know it. We ought to What is the increase wanted for? Why, ~ see before me the know whether or not they submit their estimatesJ or whether it representative ·Of one -of the great western cities, who appem·ed comes in the way of lobbying wlth Members of Congress after before the committee the other day. He wanted m-or-e money estimates haTe been submitted to the House. [Applause.] for t-opographical surveys. Why! He said they are building 1\Ir. OLMSTED. We~ Mr. Chairman, the chairman of the inter:urban railroads throughout the country, .and it i.s a great Committee on Appropriations, the gentleman from Indiana [l\1r. advantage to them. Why, yes, the Government makes the sur­ HEMENWAY], may_... accuse gentlemen without information on the vey for them. When they get the topographical survey they subject. do not have to make their own survey. He says, n We are Mr. HEMENWAY. I am asking the gentleman. We have building highways, and it is a great advantage to us." Yes; the estimate here, and the gentleman makes the statement the Government makes the .surveys" and they d-o not have to -that notwithstanding the estimates he knows that they want make any surveys for the highways. It is a great advantage more money. I ask the gen'tleman how he knows it? to the railroads generally. Yes; the topographical .survey of · Mr. OLMSTED. I know it, and I think the gentleman knows the Government obviates the necessity of their having to make it, and we all know it. surveys. Of course it is of great advantage to them; but be-: l\!r. HEMENWAY. Upon the other hand, I do not know it. cause that is true, are we going to vote into this bill a larger Upon the .other hand, the gentleman in charge of the survey insists sum of money ·than that asked for by the Director of the that he does not lobby with !!embers of Congress after making Geological Survey himself? I do not believe that Congress is his estimates. going to do that. I do not believe that these gentlemen w.ho Mr. OLMSTED. I am not accusing .any member of any De­ profess to .stan.d for economy, when efforts are being mad-e not partment with lobbying with Members, but I say that I know, only by the Republican members of the Committee on Appro­ and I think the chairman of the Committee on Appropriations priations, but by the Democratic members Qf that .committee- knows, that that Department would like to llave had a larger 'l'he CHAIRMAN. The time of the gentleman has expired. .Sum in this bill for this purpose, and I submit that there is no Mr. HEMENWAY. I ask for five minutes more. appropriation carried by this bill, and I might almost add by The CHAIRl\iAN. The gentleman from Indiana asks unani­ any other bill, that results in affording .such useful information mous consent that he may proceed for five minutes. Is there upon so many subjects to .so many people in the Unit:W. States -objection"? The Chair hears none. as does this 3.J)propriation for topog1·aphica..l survey.s~ _These Mr. VANDIVER. Reserving the right to object, I want the surveys to help develop the water supply of the country, which is gentleman to answer a question. becoming a question of the greatest importance in m~y parts ; 1\fr. H.E.'JI,fE.L~WAY. Do not reserve any right to object, but they help to develop the agricultural resources; they help to object if you want to. I do not answe1· questions under such a develop the mineral resources ; they help to develop the trans­ condition. portation resources ; they help in very many ways. They are Mr. VANDIVER. Then I object. . so important that some ai least of the States., my own in particu­ Mr. COOPER of Texas. Mr. Chairman, I call attention to lar are willing to contribute to help the Government in the same the fact that a special order .was fixed for 3 o'clock · for the dir~ction. Without taking up the time of the committee, I ven­ exercises .appropriate to the reception and aeceptan~e fr"om the ture to express the hope that this amendment will be agreed to. State of Texas of the statues of Sam Houston and Stephen F. 1\Ir. HE:MENWAY rose. Austin. Mr. 'SHACKLEFORD. Mr. Chairman, I want to offer an Mr. . HEMENWAY~ ·Mr. Chairman, I move to strike out the amendment to the a.m~ndment. last word. The CHAIRMAN. The gentlemun from 'Indiana is recognized. The CHAIRMAN. The gentleman from Texas calls the Mr. HEMENWAY. Mr. Chairman, since1901-and I w.ant the attention of the Chair to the fact that a special order Qf the attention of the House--we have met with criticism, and espe­ House has been made f{)r 3 o'clock. cially we have met with criticism fro~ the Democrati-c side of Mr. HEMENWAY. That being the case, I move that the this House, because of extravagant appropriations. Only a few ,committee -do now rise. minutes ago a hundred thousand do'llars was voted into this The motion was agreed to. bill, and we succeeded in securing from the Democratic .side of The committee :.ac.eordingly rose; and the Speaker having the House just two votes against it resumed the chair, Mr. SHERMAN, Chairman of the Committee These gentlemen .are great at standing for economy and talk­ of the Whole House on the state of the Union, reported that ing for economy and criticising this side of the House when that committee had had under -consideration tile bill H. R. Congress adjourns, saying that we have made extravagant ap­ 189G9, tlie sundry ci vii appropriation bill, and had come to no propriations. Yet when the time comes to vote, when you can resolution thereon. vote appropriations off or vote them on, only two gentlemen on that side stand up when a hundred thousand dollars are .added to MESSAGE FROM THE SEN ATE. this bilL · A message from the Senate, by 1\!r. PARKINSON, its reading Now, during the last five years-from 1901 to 1005-we have clerk, announced that the Senate had insisted upon its amend­ increased· the appropriation for the Geological Survey $498,000. ments to the bill (H. R. 1474f)) to enabie the people of Okla- . CONGRESSIONAL. RECORD--HOUSE• .. 3429\ 1905.- . . . hGma. and of' the Indkl.-11: Territory to fOrnl. a CQDStitution anili. ; 8-TAiTUES: OE! SAM: HOUSTON• AND~ STEPHEN F;. AUSTIN4 St:tte government and. be admitted int-o . the Union. Oil! an. ~ The· SPEJ.AKIDR. The· Cierlt-wilL report the speeiai order.. equur footing with the original States; and to enable· the peo·- ' The: Cl~rk read as. follows-: pie· of New Mexiea and:. of, Arizona to- form a. CO.ij.Stitution and· i R68'ddess, , every faun· and, satyr, Resowed, . That on Mond-ay next, the' 21th day of February,. at 10 ev-ery naiad. and nymph known. to their- mythology. But tlie o'clock w m., the Senate shall proc~d to vot-e;, without d~ba-te, on the_ Greek mind' was exparu;ive and original~ It had repmliatad the several articles of impeachment. •rfie Presiding Officer shall direct the Secretary to read the several ru:ticles o:r impea'Chment in theil'- regular doctrine of monarchy ann kingly assumption of divine right to order. After the reading of each· artide the Presiding Officer shall rule, and had established' the first democracy-. Recognizing that put the q,uestion following;:. " Senators, how say yon.;, is the respondent; a good. citizen might deser.ve the gratitude:· and remembrance of Charles Swayn.e, guilty. or n-ot: guiltyc as charged. in. this article?-" The Secretarr wil'l proceed, to call the roll for tfie_ re.sp-onses oi Senators. his. countrymen, as truly as- might a king, the G'reeks preserved Whereupon, when his· name i& called, each Senat-or sha,ll. arise- in his• memories. of their poets, their historians, their philosophers, and place and give his reaponse. "Guilty," or- " Not guilty," and· the Secre- their military heroes·._ tary shall reeol'd the came. · Resolved., That the Secretary notify_ the House of Repres.entatives of Rome and the modern world have feebly copied Gr.ee-ce in thus the f-oregoing. · honoring those whose eminent services to their· countTy or to Attest: · humanity- have entitled them to such recognition. CHA.S. G. BENNET'!'~ Secreta;ry. The Government of the United· Sta.tes, appreciating the his­ ENROLLED BILLs- 8-IG.NED; torical va-lue· to· future generations: of the collection of the stat­ Mr. WACHTER, from the· Committee on Enrolled .Bills, re­ ues of those· who were prominent rn our ear-ner history,. has in­ ported tll.at they had examined and f011.D.d tru:Iy enrolled: bills vited· each- State in the- Federal Union to-erect in Statuary Hall of the following titles; w.hen the- Speaker signed- the same: two statues in honor of those tw:o- of' her citizens whom it might H. R. 2531. An act to. divide Washington into- two judicial deem most worthy· of that distinguished honor. districts; In. hearty com~nance · with this invitation the State, Of Texas H. R. 17579; An act- to create, a new division ot· the western has placed in that han- the statues of· Sam Houston and Stephen j-udicial district of Louisiana and: to provide for' terms. ot· court F. Austin. at Lake Charles, La., and for' other· purposes ; and The early history of Texas was stirring and eventful. On H. R. 7022; An act to amend section .4 of- an. act· entitled "An the borderland between the widely different-often antagonis~ act relating to tlie Metrepolitan poli·ce of the Disb:i:ct of Colum­ tic--eivilizations: of the progressive Saxons: and· the conserva­ bia," approved Feb-ruary 28, 1001. tive Latin it was first a theater on wfiich the scenes- of explora­ The SPEAKER announced, his signature: to enrolled bllls- of tion, CO-l()nization~ oppression, insurrection, revolution, invasion; the following titles · ~ and independence were presented in quick succession. Then S. 7157. An act to am~md an a:ct to provide for eliminating for a few peri1<>us years it existed as- an independent Republic, certain grade crossings on the line of the Baltimore, and Poto­ threatened by- Mexico; com·ted· by European. nations, but long mac Railway Company in the city of Washington, D~ C., and repulsed! by tbe United. States in its- efforts to secure a union requiring said company to depress ana elevate its tracks,. and· with that cwar of 1812, the Hart­ due succession, a full ratification of the contract originally made ford convention, and the Government's Indian policy kept popu­ with his father by the Mexican Government. Returning to lar interest wide awake, while looming up into the fore­ Texas he found his colony rapidly disintegrating through the ground of the near future were the Monroe doch·ine, the 1\fis­ influence of a lawless element that had entered Texas during souri compromise, nullification, and the United States Bank. his absence. His contract with Mexico had conferred upon him Into this whirlpool of political turmoil had fate cast Houston's judicial and military powers which rendered him almost inde­ youth and early manhood. His mind grasped, in comprehen­ pendent of the local government. This fortunate circumstance sive outline, the salient features of each question, and his whole not only gave free scope for the exercise of his great adminis­ public career was characterized by rugged strength of convic­ trative abilities, but it brought order, peace, and prosperity to tion, clearness of statement and understanding, and a control­ the colony. Violence and lawlessness disappeared under his ling regard for the public interest. As a fearless and faithful rigid but just rule. Industry was encouraged, ~rovi~~nce and soldier for five years on the Indian frontier, he gained the thrift were inculcated, trade was fostered, pubhc sp1nt awak­ knowledge of the art of war, which no doubt proved of great ened civic pride developed by his precept and example. He neg­ value to him when years afterwards upon the plains of Texas, lected marriage. He built no home for himself, but lived among with an army far inferior in numbers, discipline, and. equip­ his colonists as a common guest of the community, heartily wel­ ment, he confronted and afterwards crushed the Mexican army come at every fireside. He lived among them as a father and under Santa .Ana the vaunted "Napoleon of the West." Re­ friend, a tn1sted counselor in every ·trouble, a faithful nurse. in signing from the United States Army~ he chose the law. for his sickness, a p1·ovider in time of need, a guard in ~he hour of dan­ profession, and entered a career seemmgly full of prom1se. He ger an umpire whose ever-just and ever-satisfactory awa.rd rose rapiaiy to distinction in his profession. settled disputes, a judge whose decision ever found unquestion_ed He was the pupil, if not the protege, of Jackson, and his life­ accep-tance among the litigants, a patriarch whose paternal m­ lon(J' friend, personally and politically, and from Jackson, to :fluence bound together his widely scattered people in the bonds so~e extent, was gathered that spirit of independence and firm­ of a common brotherhood. [Applause.] ness which strongly marked hiS' whole official life. Houston was But .Austin's diplomatic skill fully equaled his ability as an elected to Congress from the State of Tennessee in 1823 and executive. At the head of a commission sent by the · Mexican again in 1825. He left Congress in 1827 to accept the govern­ State of Texas to the l\Iexican capital, after much suffering and orship of Tennessee, to which high position the peopl~ of that great trials, he secured such modifications of existing federal State had called him. 1905." CONGRESSIONAL RECORD-HOUSE: 3431

Two years later, under the shadow of a great domestic sor­ nificent State he helped into being, protected ip. its · infancy., . row, be resigned his place as governor and sought seclusion and ably represented in these Ha-Ils in its early maturity; among his old friends, the Cherokee Indians, in the Indian Ter­ ritory. From the solitude of his secluded life among the Chero­ AUSTlN AND HOUSTON. kee he heard the first faint murmurs of the coming Texas revo­ Mr. Speaker, the generation that knew these men and loved lution. With his strong sense of justice he recognized the right them and honored them has nearly passed away, and a swarm­ of the que tions involved in that revolution, and with character­ ing population is now building the superstructure of a mighty istic promptness he removed to Texas in 1832 and espoused the State on the foundations so solidly laid by Austin and Houston. cause of right and justice. Two beautiful cities and two popular counties preserve on "\\.. ithin a year from the date of his arrival in Texas he was Texan soU the names of her nvo noble sons, and their statues, made a member of the first (San Felipe) constitutional conven­ chiseled in marble, perpetuate their memories here ; but if, tion and placed at the head of the military arm of the provi­ as has been said, the most enduring monuments are those we sional government then and there instituted. build in the hearts of men, then the fame of Austin and Hous­ He was also a member of the second convention (New Wash­ ton is indeed secure, for as long as the great Commonwealth ington). ThiS body adopted a declaration of independence, and by the southern sea stands as a bulwark of freedom and a Houston was again chosen commander in chief of the Texas monument of heroic achievement, so long will the names ot forces then being marshaled to resist the invasion of the Mexi­ these two men endure. can army unde,r Santa . Ana. The world knows the history of Austin and Houston ! The founder and the liberator! Fel­ that campaign, of the battle of San Jacinto, the annihilation of low-citizens of the United States, admit these statues to their the Mexican army, the capture o! their commander in chief, and rightful place in this Hall of Fame. Texas offers them as her the subsequent and consequent recognition of Texan independ­ proud contribution to this impressive symposium of American ence. greatness. As the countless hosts of visitors from every land Houston's victory at San Jacinto was so complete that even pass through that Hall these memorials will impress upon them the enemy accepted it as final and not another gun was fired on the fact that, despite all our commercialism and love of wealth • Texas soil. and show, the American people still measure . men by their It would have been strange if, after his eminent services to merit, and that they honor, without respect to birth or class, his newly adopted State, Houston had not been chosen as the those who have served their country well. And if the evil day first President of the new-risen Republic of Texas, which his should ever come-in some far-off century, if at all, we hope-­ generalship had saved from extinction. He served the Republic when our ideals shall have changed and our free Republic shall · in that capacity from 1836 to 1838. IDs policy was marked by be replaced by the rule: of a man or class, may these statues the same traits that characterized his official life in all other still look down from their pedestals into the upturned faces stations-economy in public expenditures, justice in dealing with bE:>low and tell in speechless eloquence of that happy long ago the Indians, strict regard for private right with all classes of when this circle of heroes and statesmen and sages lived upon citizens, and a tenacious adherence to whatever course he had earth and each gave his life's best work to found and perpetuate once decided on as right. Men of this character invariably a Government which, ruled by right and justice, will re:tlect the meet with bitter opposition, and Houston was no exception to glory of God and promote the good of man. [Loud applause.] the rule. Yet he retained that thorough respect from his critics Mr. RICHARDSON of Tennessee. Mr. Speaker, Texas, im­ which honesty of conviction always inspires·; and the wisdom of perial in her area and resources, honors herself when she places his admi)listration as the first President of the Texan Republic the statues of Sam Houston and Stephen F. Austin in the Me­ was attested by the fact that he left the Republic at peace with morial Hall of this Capitol. Others have spoken to-day, and the Indians, friendly with Mexico, and with its treasury obli­ still others wiH yet speak of both of these meiJ., but in what I gations at par. shall say I shall refer alone to Houston. In the brief time · From 1839 to 1841 he was a member. of the Texan Congress, allotted reference can be made to only a comparatively few of. was reelected President of Texas in 1841, and during the darlt the incidents and events in his long, varied, unique, and some­ days of the Republic's infancy, when it was encompassed by times thrilling eareer, and they can barely be mentioned, while financial and political dangers and seemed on the verge of ruin, much, .very much, that is of surpassing interest and importance Houston's strong personality, his steadfast faith in his country's in hls life must necessarily be omitted. It is peculiarly appro­ future, and his strong persistence saved the Republic from priate that Texas should honor Sam Houston, for while he was ~bdicatin~ its place among the nations and seeking absorption born in Virginia and g1·ew to manhood in Tennessee, and there into some European state. won the very hig.hest position in the State, and in fact· to all in­ Foreseeing with prophetic eye the brilliant destiny awaiting tents and purposes made himself a Tennessean, yet at last it was the American Union, and recognizing the superior political and in Texas, before and after she became a State of the American commercial advantages that would accrue to the Texan people Union, that he reached the zenith of his fame. It was in Te.x:as by the cons.olidation of their Republic with its more powerful that he not only won renown for himself, but made the very northern neighbor, he took the first step toward annexation name Texas a SJnonym for all that stands for patriotism, and remained a steadfast advocate of that policy until its final courage, and heroism. I shall not put forth the claim that consummation. Houston alone won this glorious distinction for Texas, for there The new State of Texas, in prompt and liberal recognition of were other heroes and patriots, whose names I have not time his distinguished services, sent him to the United States S~nate, to barely mention· here and now, who justly sbared it with him. where for ~elve years he was a central figure in a body of men '.rhere is one, however, I am constrained to name, because he numbering among themselves some of the ablest statesmen of too was a Tennessean, a native of that State. I refer to the­ American political history. With Calhoun and Webster, Clay immortal Davy Crockett. [Applause.] He was born in Ten­ and Benton, he discussed the great questions of that day ; and nesfee, and represented one of her districts on this :floor for linked with them in their strenuous official careers during his three Congresses. He was at last drawn to Texas ·by her earthly life, he now shares with them the full measure of polit- thrilling story and the burning desire to assist her in her herojc Ical immortalitY.. . struggle for liberty and independence. .A.t the Alamo he gave The closing act of his official life was in strict keeping with his life. to . Texas. Houston and Crockett! What a priceless the character of the man. Being required to take the oath of legacy Tennessee bequeathed to Texas in these two men-men allegiance to the new Confederacy into which Texas had en­ whose names stand for courage, duty, and heroism, and are tered, he could not stultify himself by casting lightly aside the indissolubly associated with both States! fruits of that union with the United States for which he had Houston was born March 2, 1793, in Rockbridge County, Va., long and successfully labored. He declined to take the oath, and was of Scotch-Irish descent. When. he was quite young, his resigned his position as governor of Texas, and retired to the father died and his mother removed with him, when he was only shades of private life, carrying with him the u:qstinted respect, 12 years of age, to Blount County, Tenn., and located near the the high admiration, and .the profound gratitude of all his line of the Cherokee Indians. As a boy he spent much of his fellow-citizens. · time with these Indians, became warmly attached to them, and In 1863, amid the fierce clamor of that great civil war, which was adopted by one of the chiefs. His early Ffe was spent perhaps forms the most memorable landmark in the march of there in their new home on the banks of the beautiful stream the Anglo-Saxon people up the centuries of political progress, which gave its name to the State, and he was a frequent inmate Houston passed into the calm and peace of that world peopied of the wigwams of this Indian tribe. It was here that h.e first by the spirits ot "the just made perfect." In a simple grave, tasted the pleasures of that romantic and undisciplined mode of devoid of show, lie the remains of the plain man and citizen life characteristic of the red man, imd which possessed a strong who in life shunned all pretense and display. Around him, fascination for him·, as it has often been shown to possess ev

and fought with desperate bravery through the Creek war. In be daily submitted to a sensible expression of their will. And although shielded by a perfect consciousness of undiminished claim to the confi· the battle of the Horse Shoe, where he was badly wounded, he dence and support of my fellow-citizens, ahd delicately circumstanced as attracted the attention of General Jackson, who caused him to I am and by my own misfortunes more than the fault or contrivance of be commissioned as a second lieutenant in the Regular Army. any one, overwhelmed by sudden calamities, it ls certainly due to myself and more respectful to the world, 'that I retire from a position which His wounds were so severe that he was borne to the home of his in the public judgment, I might seem to occupy by questionable author~ mother in East Tennessee on a litter. In 1818 he was pro­ ity. It yields me no small share of comfort, so far as I am able ot moted to be a first lieutenant Soon after this promotion, and taking comfort fr~m any circumstance, that in resigning my exccutivtt charge, I am placmg it in the hands of one whose inteoority and worth while John C. Calhoun was Secretary of War, his conduct in have been long tried; who understands and will pursue the true inter­ connection with the smuggling of negroes from Florida into the ests of the State; and who, in the hour of success and in the hour ot United States was criticised by the War Department, and he re­ adversity, has been. the consistent and valued friend · of the great and good man, now enJoying the triumph of his virtues in the conscious signed from the Army. An investigation was had, and it was security of a nat!on's gratitude. conclusively shown that the charge against him was unfounded, SAM HOUSTON. that he had actually endeavored to prevent the smuggling, and To Gen. WM. HALL, he was completely exonerated. He then made his home in Speaker of the Senate, Tennessee. Nashville, Tenn., where he studied the law. In 1819_ he was elected I wish here to emphasize one passage in this letter, as I deem district attorney; was early thereafter appointed adjutant-gen­ it worthy of especial notice, and it may' be commended to all eral of the State, and in 1821 was elected major-general of State politicians. ' It seems to me to be the refinement of delicate Militia over strong opposition. He was elected to Congress sentiment. The clause of his letter to which I refer is this~ from the Nashville district, in which General Jackson resided, in "That veneration for public opinion by which I have measured 1823, and w_as reelected in 1825. every act of my official life has taught me to hold no delegated During his second term he fought a duel with Gen. Wm. power which would not daily be renewed by my constituents 'Vhite, of Nashville, whom he wounded. As a member of the could the choice be daily submitted to a sensible expression of House he met his old comrade and commander, General Jackson, their will." , who was then a United States Senator from Tennessee, and as Houston was of a tall and commanding figure, imposing in they each served on the Military Committee of their respective appearance, pleasant and affable in demeanor, and of popular Houses, they were frequently officially ·brought together. In manners. · Public speaking and political oratory had not been so Congress he acted with Jackson, and in opposition to the policies fully developed in his day as now, and yet as an att0111ey and in of John Quincy Adams and Mr. Clay, and gave high evidence of other ways he had shown that he possessed oratorical powers ot ability and statesmanship. In 1827 he was the successful candi­ no mean order. He wa~, howe\er, more a man of action than of date for governor of Ten'nessee, defeating Willie Blount and words. In 1832 he made a visit to Washington on business of Newton Cannon, both men of much ability, and each of whom at the Indians. He came clothed in the ·garb of the Indian and different times was chosen governor of the State. In all of these was kindly received by almost everyone, and particulariy by contests he was the ardent friend and partisan of General Jack­ President Jackson, who, of course, knew him well. While in son, .which fact doubtless had influence in aiding him . in each Washington on this visit he was charged by 'Villiam Stanberry, contest to win the victory. While governor of Tennessee, in a Member of Congress from Ohio, with attempting to obtain a January, 1829, he married Miss Eliza Allen, the daughter of a fraudulent contract for furnishing Indian supplies. He felt highly influential and prominent family in Sumner County. himself insulted by Mr. Stanberry, for which he attacked and Three months thereafter he suddenly separated from his wife, beat him severely. He· was arraigned for this offense af the bar resigned from the office of governor, and without a word of ex­ of the House, was tried, and was reprimanded and fined, but the planation left the State, and went to the territory west of the fine was remitted by the President. · Mississippi River, and again settled among the Cherokee In­ His trial before the House lasted for about four weeks, durinO' dians, making his home with the old Indian chief who had which ·period there was much bitterness shown in the debate; adopted him in early life. His resignation was highly sensa­ on the subject, the friends of the Administration of President tional, and throughout the State of Tennessee a storm of vitu­ Jackson usually taking Houston's side of the controversy. The peration was raised against him that was not easily quelled. 1President himself was outspoken in his behalf, and dicl not Governor Houston, with emphasis, declined to give to the find fault with him for his a sault on the member of the House. public any reason or cause for his course, yet he did not It is alleged_that be. said that "Af-ter a few more examples of hesitate to say that the cause of the separation from his ,the same kind, membe1·s of Congress would learn to keel> civil wife in no way affected her character. On the date of his tongues in their heads." On leaving Washington for his separation from his wife he addressed a letter to the speaker Indian home after this trial he passed through Tennessee and of the senate of the Tennessee legislature, Mr. Hall, who was received throughout the State wherever he went 'with was to succeed him under the law in the office of governor. flattering demonstrations of regard. He was urged to remain This letter bas remained buried in the archives of the Tennessee in the State, but chose not to stay, preferring to return to Historical Society at Nn.shville, and I believe was never published his wigwam in the Indian Nation. After returning to the until recently, when a prominent gentleman (A. S. Colyar) at Indians and remaining a while in Arkansas, he determined to/ Nashville, a man of ability and literary attainment gave it to leave that region and remove to Texas, where he was to find the public in a valuable work written by himself, entitled the a broader field and wider opportunities for the display of the "Life and Times of Andrew Jackson." He says of this letter sti·ong and excellent qualities of .mind he possessed. and where that "the original is in a small, round hand, signed in clear, bold he no doubt thought he woul'd be the better enabled to accom­ band, without an error in spelling or punctuation, and would plish nis destiny. pass for the product of a man of high literary attainment. In While in Arkansas he met Ellias Rector, afterwards governor sentiment, delicate in touching his great family affliction and of that State, and Albert Pike, both men more or less resembling beautifully remembering the nation's great soldier, who had himself in spirit and resolution, and between whom and himself been more than a father to him, and in separating from a people strong ties of friendship were formed. General Pike a few who had so honored him, no -attainment in literature could years before his death Telated the following incident in tlie life improve it" I will reproduce this letter, as it will assist in of Houston : · illustrating the cl!aracter of this many-sided man. It is as Houston was leaving Arkansas for his new home in Texas follows: and circumstances threw Rector and himself together for a rid~ EXECUTIVlll OFFICE, on horseback of a day or two, when their paths were to sepa· Na~7rv ille, Tenn., April 16, 1829. ~·ate, each to go his way. Rector . was then United States SIR : It has become my duty to resign the office of chief magistrate marshal of the Territory. The horse upon which he was of the State, and to place in your hand the authority and responsibility, which on such an event devolves on you by the provisions of the con­ mounted was a stronger and better one than was Houston's. stitution. In dissolving the political connection which has so long and The latter, it seems, was mounted on a small pony that had suf­ in such a variety of forms existed between the people of Tennessee and fered the misfo~tune of losing his tail. As they were about to myself, no private affliction, however deep or incurable, can forbid an expression of the grateful recollections so eminently due to the kind separate, Houston proposed a trade of their horses, because, as partialities of an indulgent public. From my earliest youth, whatever be said, his had no tail with which to defend himself from the of talent was committed to my care, has been honestly cultivated and flies, which were a sore pest in the southern country whither he expended for the common good; and at no period of a life, which has certainly been marked by a full portion of interesting events, have any was journeying, and Rector consented. They dismounted and views of private interest or private ambition been permitted to mingle proceeded to make the exchange, each keeping his own bridle in the higher duties of public trust. In reviewing the past I can only and saddle. While on the ground, and as he was about to bid regret that my capacity for being useful was so unequal to the devotion of my heart, a.nd it is one of the few consolations of my life, that even his friend Rector good-by, he made a little speech in the nature had I been blessed with ability equal to my zeal, my country's generous of an apostrophe to his pony, the title to which had passed fi·om support in every vicissitude of life has been more than equal to them him. General Pike said be could not give Houston's speech in both. That veneration for public opinion by which I have measured every act of my ofilci.al life, has taught me to hold no delegated' power the exact words he used, but that in substance it was as follows: which would not daily be renewed by my constituents, could the choice "Jack, my faithful old servant, you and~ must part We ha:ve

I 1H05 . . CONGRESSIONAL RECORD-HOUSE. 3433

been friends a long time and have been mutually beneficial to the trouble with Mexico was averted by him. While President each other. You have been a good servant to me; but, Jack, .he put into effective play some of his powers as a diplomat He there comes a time in the life of every man when he and his .was sincerely desirous of having Texas annexed to our Union, friends must separate. 1.'hough you have served me long and and had allowed no opportunity to escape him while serving faithfully, and we have been true friends, the time has now eome Texas to advance this project He was a farsighted statesman, when we must take final leave of each other. At such a time it and realized in its fullest importance the advantages of having is but just, my good old companion, that I should give expression the protecting arm of our Government extended over her. He to my feelings. · You are a faithful pony. You are a hardy pony. was acquainted with her vast resources, and knew that under You are a sure-footed pony. But cruel man has made you defense­ the benignant rule of this Government with her genial climate less against the· common enemy ~f your kind, the pesky flies. and her fertile soil she would be speedily developed, and that This is the hot season, and where I am going they are very the interest likewise of the United States would be promoted by thick. Against these pests the Almighty saw fit in his wisdom annexation. · to give you defense, but man has taken it from you, and against As a means of inducement to the United States to give en­ them without a tail you ru:e helpless. I must therefore with couragement to him and his colaborers in their efforts tor annex­ pain and anguish ·part with you." When he was ready to ation, he began coquetting in a diplomatic way with France, mount and leaye Rector, the latter said to him, "Houston, I England, and Spain. He knew that the pronounced opposition wish to give you something as a keepsake before we separate, of the United States to the intrusion of any European nation and I have nothing that will do for the gift except my razor. into American territory could not be overcome, and in diplo­ I never saw a better one. They say one ought not to give his matic fashion he availed himself of this feeling and prejudice to friends an edged tool as it might cut friendship, but this one quicken the sense of this country in favor of annexation. At will not cut your friendship and mine." Houston accepted the the time of which I speak the question of the annexation of razor and said, " Rector, I accept your gift and, mark my words, Texas was becoming a burning issue in the political parties of -if I have good luck this razor will sometime shave the chin of this country. The efforts of those favoring annexation with us, the President of a republic." [Applause.] The dream of a re­ and those in Texas who followed the lead of Houston, were suc­ public for Texas was eT"en then in the mind of this rem~rkable cessful, and on December 29, 1845, Texas entered our Union as man, and in yisions thereof he saw himself as its President. a State. By this action, the second time in her history, she His friend Rector probably thought it was a hallucination of his became a part of the United States. She had been once before eccentric friend, but he lived to see the dream, if it were a under our f!ag, and had been unwisely or improvidently ceded dream, of Houston a liVing reality. He went directly to Texas. away to a foreign power, but now she was in the Union as a It was not long after his arrival before a convention was called sovereign State, and in to stay. This was the first instance in to meet at San Filipe de Austin. It met April 1, 1833, and our history that a State has been admitted as such, without Houston was chosen a member of it This convention adopted a having gone through a probationary term as a Territory. '.rhis constitution, but not until Houston had· had inserted in it a accession to our territory was under President Polk's adminis­ provision forb.idding the establishment of banks by the legis­ tration, and it was characterized by him as a bloodless achieve-: lature. He was then elected attorney-general of a portion of ment. He said no arm of force had been raised by the United •.rexas. and was chosen a member of the "general consultation" States to produce the result; that the sword had no part in the of 1835 that met to establish a provisional government. He did victory ; that we had- not sought to extend our territorial not at that time favor absolute independence, but was elected possessions by conquest, or our republican institutions over a commander in chief of the army of Texas. reluctant people. It was the deliberate homage of each people A convention of which he was a member met at New Wash­ to the great princ~ple of our federative union. ington and adopted a declaration of absolute independence If we consider the extent of territory involved in the annexa­ · March 2, 1836, which also reelected him commander in chief. tion, its prospective influence on America, the means by which it Following this action on the part of Texas can1e war with Mex­ has been accomplished, springing purely from the choice of the ico, in which Houston took a prominent and highly honorable people themselves to share the blessings of our Union, the his­ part The Mexican army, commanded by Santa Ana, invaded tory of the wodd may be challenged to furnish a parallel. And Texas and achieved several important and bloody victories, but he said in contemplating the grandeur of this event, it is not to on April 21, 1836, their army, 1 ,800 strong, met the Texans, 750 be forgotten that the result was achieved in despite of the dip­ strong, tmd~r Houston; on the banks of the San .Tacinto, and lomatic interference of European monarchies. Even France, after a fierce conflict the Mexicans were totally routed, losing the country which had _been our ancient ally, the country which 650 killed .and 730 prisoners, their general, Santa Ana, being has a common interest with us in maintaining the freedom of among the captured. When the numbers engaged are taken the seas, the country which, by the cession of Louisiana, first into account, history does not record a more brilliant achieve­ opened to us access to the Gulf of Mexico, the country with ment. Houston was himself wounded by a shot in his ankle, which we have been every year drawing more and more closely which fractured the bone. The result of this battle was the the bonds of successful commerce, most unexpectedly, and to complete rout of the Mexican army, and it gave independence our unfeigned regret, took part in an effort to prevent annexa­ to •.rexas. The Republic of Texas was promptly recognized by tion and to impose on Texas, as a condition of the recognition of England, France, Belgium, and the United States. Houston, by her independence by Mexico, that she would never join herself reason of his physical condition, was taken to New Orleans for to the United States. We may rejoice that the tranquil and per­ medical treatment 1.'he election of the first regular president of vading influence of the American principle of self-government Texas wns appointed for the first Monday of September, 1836. was sufficient to defeat the purposes of British and French The candidates were Sam Houston, Steven F. Austin, and Henry interference, and·that the allilost unanimous voice of the people Smith. Houston was elected, receiving 4,374 votes out of 5,014, of Texas has given to that interference a peaceful and effective the wllole number cast. He at once appointed his two late oppo­ rebuke. From this example European Governments may learn nents, Austin and Smith, to the principal offices in his cabinet. how vain diplomatic arts and intrigues must ever prove upon During his term of office he set to worlr to secure the admission this continent against that system of self-government which of Texas into our Union of States. He placed her financial seems natural to our soil, and which will ever resist foreign affairs on a healthy basis, her paper was at par, she was at interference. And he bespoke for Texas at the hands of Con­ peace, not only with Mexico, but with the Indian tribes. When gress a liberal and generous spirit in all that concerns her he retired from the Presidency he served two years in the Texas interest and prosperity, to the end that she should never have · Congress, and in 1841 was again elected President of the cause to regret that she had united her "lone star" to our Republic. glorious constellation. AI though he had been out of the Presidency for only about . Houston was one of her two first United States Senators, two years, he found important errors of his predecessor to cor­ taking his seat in :March, 184-6, and serving until 1859. He was rect. By unwise and .unfortunate management, strife and con­ warmly attached to the Union of the States, as is shown by flicts with the Indians had been stirred up, and the public debt, his votes and speeches in the Senate. He opposed the repeal which was insignificant when Houston retired two years before, of the Missouri Compromise, the Kansas-Nebraska bill, and had increased to nearly $5,000,000. He enforced while in office voted against the Lecompton constitution of 1857, which pro­ the most rigid economy ; reduced all salaries, including his own, vided for slavery in Kansas, and in this displeased many of his about one-half; abolished all offices not strictly required for Southern colleagues. He advocated the admission of Califor­ the service, and permitted no appropriation to be made except nia as a free State, and the construction of the Pacific railroad those necessary for the existence of his government, and at the through Texas. He was always the friend of the Indians and or same time restored amicable relations with the Indians. In measures in the Senate that tended to the betterment of their June, 1842, the . Texas Congress passed a bill declaring him condition. It was a favorite expression of his that "no· treaty Dictator, and voted 10,000,000 acres of land to resist the threat­ made and carried out in good faith had ever been violated by the ened Mexican invasion. Houston vetoed these measures, and Indians." He was popular with both of the great political par- 3434 CONGRESSIONAL· RECOIID-: HOUSK FEBRUARY "2:-5., t1M, as Bnown rt).y the fact that he 'w.a:S coilsidered available by twenty-first rille-, and flew at eac:h othei:~s -throats in discussions bf the membet~s of e3iCh as a candidate for President V.otes were cast vetoes o1' President Tyler. And here Douglas fleshed his nearly maiden blade in a discussion 9f the Teras boundary with the veteran who, as for hbn for the pt'esi{fential nomination by delegates. in. the con­ Secretary ot: State in Monroe' Cabinet, had claimed aU Texas. It was vention of the Democratic party in 1:852, and ·in that of the here that 'S. S. Prentiss made the most eloquent speech Congress ever Amerkan party in 1856. In the .convention of the Union m­ beat·d, if we are to believe traditiEurope, has -contributed to the best of the citizen­ see did break away from his colleagues and voted for Hous­ ship of Texas, and we bave, doubtless, the most commingled ton, and it is -certainly true that Mr. Bell, wha was the idol of blood on the face of the earth. The deepest dBbt of gra.ti tude, his party in the State, was the only man who could have r-e­ perhaps, she owes for such gifts is to those tw.o splendid Com­ ceived the vote ot TennessBe over him. monwealths-Tennessee and Missouri. [Applause.] For the In the election for: governor of Tex~s in 1857 he was defeated, first gav-e her Sam Houston and the second Stephen F. Austin. but in 1859 he was again chosen to- that office. This time he It is not my purpose to speak at le-Bo~h as t-o the chaxacter­ became the seventh· governor of Texas, as he bad been the and cap-acity of these two il'Iustrious men or t-o reoount in detail seventh governor ·of Tennessee. As I have already indicat-ed, he the heroic events in which each bor~ so potent and conspicuous was warmly attached to the union of the States, and willie he a part. greatly deplored the ·election of Mr. Lincoln as the result of the Sam Houston had a most :remarkable. a most romantic, a most national contest in 1860, he declared that in his election alone successful career; He was governor of Tennessee ; he was com­ he saw no grounds for secession. After the seoes ion of the mander in chief of the Texas _revolutionary army, the first State of Texas, in 1.861, he refused to take the oath or 6ffi.c:e to President of the Republic of Texas,. gavernor of the State of the Confederate government and was deposed from his offi-ce Texas, and a Senator from that State in the Senate of the as governor of the State. The Government at Washington United States. In all these positions he tilled them to the thereupon o:tiered to assist him, but he fu.-m1y ssings to their posterity. [Loud u.wlause.J · wa~ not to be. By cold and -exposure on this trip he sickened Mr. BURGESS. Mr. Speaker, the act of Congress creating and died. A few days before his death, h6wever, be received Statuary Hall as a place in which ·each State of the Union the welcome news of the approval of his application to plant a could place the statue of two of its citizens is grounded upon colony in Texas, and he died leaving both as a· deathbed injunc­ a wise patriotism, in that it tends to both State and national tion and .as a glorious inheritance as well t-o this son of his pride, to the uplift of our national character, to tbe increased this enterprise which he bad so successfully inaugurated. The tension of " the mystic co-rds of memory stretching fxom every: son was sei~ed with the same ardor which possessed the father battlefield and patriot grave to every living heart and hearth­ and he journed down to Texas and fi>unded a colony under the stone all over this br-oad laud." The- place selected is one of first colonial charter by which white settlement was authorita­ the most appropriate to further the purpose; na.mely., the 'Old tively made in Texas. This grant to found a col-ony in Texas Hall of the House of Representatives. bore date January 17, 1821, and it provided that the colonists That gifted wr-iter, who has so often entertained and in­ should be Roman Cathollcs, or agree to become such before they structed us by his articles in the Washington Post-Savoyard­ entered Spanish territory; that they should furnish evidence of recent1y says of this Hall : their good character and habits -and take .oath of fidelity to the . This Hall is the famous. .echo chamber, according to Captain Kennedy; King to defend the government and political constitution of the the chief of the Nati-onal Capitol guides, the most perf-ect In the world. Spanish monarchy. It was in this Hall that some ot the most illustrious men in all parlia· From that time to the date .of his death, with untiring zeal, mentary history engaged in forensic combat. Here Clay was five w-ith the loftiest ;patriotism., with the greatest conservative · ~bil­ times chosen Speaker. Here was debated the 1ssues represented bl! Jefferson and the eider Adams, Jackson and the younger . Adams, ity, he lab01·ed to build up tlmt Territory in :the best interest of alien and sedition, embargo ana wat, the ta.r.i:f( ot 1828., the farce btU ·of all the colonists who flocked not only to his standard but to the 1831 and the ·compromise of 1832. the Mexican w.at and the Wilmot staJldards of many others wh,o "fallowed in his wake. His wise proviso, the compromise o:t "1800 .and the Kansas-Nebraska biU., the Dred Scott decision and Lecempton, secession and the war of 1861- co-unsel was -ever a tower of "Strength to the struggling colonists nll "'Jhese were here debated, and numbedess other kindred political throngh all that stormy period which led to the .establishment isst..es that necessarily -arise in a tree country~ w.here parties have their of the Texan Republic. Yoakum, who wrote one of the earliest germ tn the individo.allsm ot the citizen or the paternalism ot the government. . . and best histories of Texas., says of Austin : Volumes might be written of the men ·wllo made this old Hall his­ Although Austin's powers were -almost absolute. he governed with toric and .illustrious. Here Randolph lorded it as has no other man, pa,rental mildness. His soul was absor:bed in tbe great business of the and here the younger Adams earned the ·title "old man eloquent." Here successful c01nplefion of his enter:prise. He was esteemed by ·each col­ he assailea Webster and was assailed by Evans. It was here that onis-t, not so much. as a ·ruler as .a father and friend. By example ana :Haz:shall ·and Wise.. encountered the old state~man. in debates .on. the pr~c:evt }Je i.nspi:re4. ~m 'Wi1:4 ..the,. love "Dt oraer and tnd.ustrs:. . . . "1905. CONGRESSIONAL RECORD-HOUSE. 3435

The same historian pays his memory this beautiful tribll,te: . came here as the result. These colonists met in the open and If he who by conquest wins an empire and receives the world's ap- they wrote a declaration of independence, and achieved it by planse, how much more is due to those who, by unceasing toll, lay in the a short, . desperate, but decisi\e war. '.rhey ordained a consti­ wllderness the foundation for an infant colony, and build thereon· a tution, they selected a flag typical of the Republic which they vigorous and happy State! Sm·ely there is not among men a more bon- llacl founded. This fla2' had a blue field, wherein gleamed a orable destiny than to be the peaceful founder and bullder of a new ~ empire. Such was that of the yotmger Austin. lone star, which stood for ·the sovereignty of the Republic for About these two men-Houston and Austin-cluster a series which they had sacrificed so- much. They had their Gonzales, of e¥ents as remarkable as any recorded in the history of the where the first shot was fired in resistance to tyranny and lit world. . a fire of freedom that could not be quenched; their Alamo Tllese two great men are gone. If they could return now to and Goliad. The desperate valor of the one and the merciless the scene of their heroic action and behold the State which butchery of the other made the glory of their San Jacinto pos-­ tlley founded and for which they fought, what joy would ani- sible, for they gave that battle cry "Remember the Alamo and mate them! Now they would-behold a great State of the Union, Goliad" to Sam Houston's army-the most stirring, vengeful, inllalJited by more than 3,000,000 people, cultivating more acres animating war cry that ever fell from patriot warriors' lips of land than any ·state of the American Union; the greatest si.nce the dawn of history. agricultural and stock-raising State in this Union; a State an- As I believe, in the providence of God the time came when nually bringing into the channels of American commerce more the people of the United States and the people of the Republic gold from Europe than any other State; a State wllose popula- of Texas agreed to unite under one flag of the United States, tion is more happily distributed than any other territory in the and the Republic of Texas took its lone star· from the flag of world; a State whose internal government, whose low taxation, its republic and pinned it in the blue field with the stars of the whose educational funds and institutions, whose administration States of the Union, to mingle with them in the same flag and of justice, are second to none. And, standing in the proud pres- under the same Constitution, in a common glorious destiny. ent, thinking of the glorious past, the contemplation of the fu- May the radiance of these stars light the liberty for which they ture would stagger even these far-seeing intellects. For no stand to the remotest corners of the earth. May the sweet human vision can foretell what the resistless sweep of civilization lilies of peace, rooted in the blood of re¥olution shed for free­ and progress shall accomplish in the coming years in the State dom's sake, exhale their fragrance in the hearts of men, till the of the Lone Star, with a territory comprising so much fertile nations of the world shall catch step to that sacred song which soil, of such various adaptability to all the forms of agricul- in the long ago echoed over Judea's hills, " On earth peace, good ture possible on the western continent; with a great Gulf coast will toward men." [Loud applause.] upon which mouths to the open sea are calling for the com- Mr. CLARK. Mr. Speaker, I shall attempt no panegyric merce of so vast an area to pour it out into the markets of the upon Texas or upon Texans. They need none. Even if they world, and which invite in return so much of imports to so large did, her Representatives here are amply qualified and always a section. When the Gulf of Mexico becomes, as it surely willing to sound her praises, which ·no tongue or pen can ex­ will, the Mediterranean of the Western-Continent, and factories llaust. The intense State pride which was erstwhile character­ mingle with agriculture, a progress and a power will be ours . .i tic in an extraordinary degree of Virginians, South Caro­ far beyond our ken. '.rho8e of us who live there pray that our linians, and :Massachusetts people is eclipsed by that of the . patriotism and that of our posterity may be equal to the dis- citizens of the Lone Star State. They are fully justified in charge of all the great tasks that our great future will hold that laudable feeling, for State pride is patriotism. Here is a for us. May the spirit of our fathers fall with tender benedic- fine mot by Henry Ward Beecher: "When I see a man who has tion and inspiring purpose upon us and our children forever. nothing good to say of the place he came f1·om, I want to know Texas has not only a glorious but a unique history. She what mean thing he did there." [Applause.] Most assuredly comprises tlle only territory upon the surface of the globe th~ great preacher would have had no occasion to complain of a which has a history that parallels in patriotic purpose, sn·ug- Texan on that score, for he is as thoroughly enamored of his gle, and achievement that of the thirteen colonies of America. · State as is any youth of his sweetheart or any man· of his wife. These thirteen colonies were peopled by lovers of liberty, In his eyes she is perfection itself. His passion fo-r her ap­ who came from almost every section of the Old World to find proximates idolatry. And who shall blame him for his tower­ in the New a religious and civil liberty which they yearned for, ing pride in and his undying affection for that mammoth but could not secure in the Old. Oppression and tyranny Commonwealth? · With a most glorious past, with a most pros­ gradually followed them across the Atlantic, and laid the verous present, Texas faces a future to which none but the "mailed hand" with ever-tightening grip upon them and greatest of the major· prophets and the sublimest of the epic their descendants. That spirit of liberty, which is immortal, poets could do justice. It makes even a hardheaded, uuimagina­ was so widely disseminated among the colonists as that tive outside admirer and friend dizzy to contemplate by the resistance to oppression became the ' birth cry of revolution. eye of faith the Texas that is to be. [Applause.] . So I re­ Those brave spirits, whose splendid capacity was often excelled luctantly leave Texas to the Texans on t.his occasion, though by their unselfish courage, formulated in the open, wrote and no orator could desire a nobler theme. signed a bold, defiant declaration of their independence, and The law gives to each State the right to erect in Statuary Hall succ:}ssfully achieved it by a war never excelled in privation the statues of two, and only two, of her distinguished citizens; and patriotism. They ordained a constitution for the preser· but Fortune, generous to imperial Missouri in this as in all vation of that independence they had achieved and the con- things else, has placed five of her illustrious sons in that servation of that liberty which they loved. They selected a goodly company. Missouri herself contributed statues of Col. flag typical of the Government which they thus established, Thomas Hart Benton and Gen. Francis Preston Blair. Illi­ and in its blue field they pinned thirteen stars, one for each nois sent that of Gen. James Shields, a hero in two :wars, State in the great Republic which they had organized. In that who represented in the Senate of the United States Illinois, war they had their Lexington, which gave tongue to the revo- Minnesota, and Missouri-a record never equaled and perhaps lution; Saratoga·, which brightened their hopes, and York- never to he equaled. West Virginia is represented by Senator town, which brought assurance of success. They had their John E. Kenna, who was reared in Missouri. Now comes Texas Bunker Hill, Monmouth, and Trenton, and the pathetic the magnificent and brings still another Missourian, Stephen privations of Valley Forge, where the soldiers of the Revo- Fuller Austin, to stand forever as one of her chosen representa­ lution verily trod the Valley of the Shadow of Death-all tives in that group of renowned historic characters. As his memorable in those glorious annals which record the struggles companion in perpetual glory she dedicates Gen. Sam Houston, of patriots to secure liberty. statesman, soldier, orator, "the liberator of Texas," than whom Some years after, away down by the Gulf of Mexico, in as e\en good Sir Walter himself never drew a more fascinating, a fair a land as ever was kissed by the rays of the sun, brave, more romantic, or a braver figure. [Applause.] adventurous spirits went to settle, to make homes for them- The coming of Austin to join Benton, Blair, Shields and selves and their children. From the territory of the great Mid- Kenna suggests a thought not much enlarged upon in the books, die ·west, from the shores of the Atlantic, from almost every but of vast importance, and ·that is that Missouri has been State and Territory of the Union they came to this fair land lavish of her children in building up the West, Southwest, and and settled in what is now known as Texas-what was then Northwest. There is scarcely a city, town, hamlet, ranch, or Mexican territory. They settled originally und,er the fairest mining camp from the Mississippi to the Pacific and from the promises of just treatment by the parent Government with British line to the Gulf in which the sentence " I am a Mis­ respect to all the rights which affected their life, their liberty, sourian " would not prove an " open sesame." There is not a and their property. . But here, too, the hand of tyranny was laid trail beyond the "Father of Waters" which has not been red­ upon them, as had been the case with the thirteen colonies. dened with the blood of her sons in the triumphal progress of The same love of liberty, the same reckless devotion to human Caucasian civilization; and contemplating the splendid States rigbts throbbed in the bosoms of these colonists that had been which she helped to plant in that rich wilderness, she rejoices so potent among those of the thirteen colonies. Revolution in her sacrifices. If Virginia deserves the proud title of "Mother OONGRES&ION. .AL ·RElJ.QRD--.;.HQUSE: .- FEBRUARY 25, of Presidents,'.' Missouri·: may: without arrogance , lay claim to Fe, Albuquerque; and . T.amaulil}as; and. the· other · northern Mexican that Of "T"'e mother of States/' [Applause.]! States objected.to tlle trade between Missouri and New Mexico. It was ..u - extremely ' Iucrative to these Mexican merchants to have a monopoly of. In the entire. range of. profane ·literature. there is:. nothing: su- the sale o.f goods. to their own people, and whenever any e>f these mur- perior to. Lord. Bacon:s essays. In the· one on. Honor and: Repu- der.ous Indians were made. prisoners by- the· Missourians there· were al­ ways· found among them Mexicans. dressed like the Indians, ap-pealing· tation be says, inter alia: · to. their passions and prejudices and leading them on. to these terrible The true·. marshaling of the degrees. or· S<>Vereign honor are · these: outrages. In the first place are ·• condJtores- imper-iorum,'• founders. of states~ and· GeDgrDallas. tlleir valor· ~J:Iexas sprang full armed;. as Minerva from the bram On the return trip. one of my traveling- companions was· my­ of Jove. So long. as, .. courage and· for.titudec are prized. among· friend, Maj. Har:vey .- W. Salmon, of- Missouri, who,. by reason o:e·· men so lone. as the hope of freedom endures, the·· names- of. Hous~ his- service in the:' Confederate army, of · his commercial rela­ ton, ,. Aus-tin~ Bowie, Travis, Burleso.n,. l\firabeau, '!3~ · Lamar•. Sid- tions, and of his poHtical activity, has a wide:. acquaintance in ney Sherman, Deaf Smith,.and Davy· Crockett will be chenshed·. the Southwest We -fell to tal1dng of-the extraordinary number as household words~ [Applause.] of: Texans of a high order-of· ability still in the prime of· life,. · Stephen F~ AUstinj . to whom Texas is-·t}lls .day, paying a most whereupon he gav~ - this: explanation of: that-pleasing· fact. He unusual but well-deserved honor. was the son of Moses Austin, said•that originally. 'l'exas was settled·by tile-very cre.am of the a-pioneer in improved·methods in lead smelting-a most· impoT- human ~ race · from - Amel"iica and Europe; and that during the evil tant fact in our industrial and' commercial history. The elder days of reeonstruction conditions· were-so bad in the other south­ AuBtin has a better claim, perhaps, to be· called the father of ern states-: that thousands· of the flower- of southern youth· Te:xas than any other man who ever· lived. immigrated to Texas,. expecting to sojourn there only· till the Before uoin" to Texas Stephen F. Austin was, .a: member of storm blew over, but once there they loved the State so well· the Misso1~ri l~gislature, while his father. was.interested in_ lead. that:· tliey remained' permanently, thereby contributing largeJy, milling in Washington County; Mo. Later. tbe· you~ger Austin by their talents and their achievements to the wonderful de­ was a United· States: judge in Arkansas. At tbe-dymg request velopment of all things Texan. That was an explanation which of his fatbe:~: he continued: the work of coloniz~tion .in Texas, explained which the elder. Austin· liad begun. He took w1th hrm: to the There is a reason for every· human thought, word, and act,, Brazos 300 -Missouri families, among·the: fore.most:of the State. ' if we-could. only ascertain it: · The reasons w.hy I: am speakin " It is a fact well authenticated that not a : singl-e-member· of here to-day are these: The storyrof Texas has always appealed 'Austin's colony was ever· charged with: theft. or rnisdemean.or, with irresistible force to my· imagination and to my heart. nor. did any of them ever occupy a felon's cell," a truth of Which- Texas and. Missouri are bound· together by geography_, by cern:... both Mis;sourl and Texas may·well.be·prtlud. munity of interest; and by ties of blood. According-to-the cen- President Roosevelt says, in. his· life•of Benton, that when a suS- of 1000, out of' her· population of 3,048;828 more than thousanci. Missourians loaded their· wiv-es and children, their. 56;000 were Missourians. born-that is, one out of1 every· fifty­ grins and household goods, together· with th~ · imple:r:nents ~f bus- four. Two out· of six of my first cousins on my mother's side· bandry into their wagons,. and marehed with then": flocks and are Texans by adoption. The Texans at home have welcomed herds~ to Oregon, settling there as. permanent r.esiden~, they de- me- with open arms when I have visited the State. Texans· termined at once and forever. the ownership of the- entire Oregon here have treated me almost as a h."insman- ever since my ad­ country, which had: been ~upied jointly and quarreled· over vent in w-ashington; Ji shall always count it among the richest rancorously for many· yeru.-s by Great Britain-· and the. Uni!ed blessingE? of• my life that during my. fir~t service here Judge·· States. This -~ rem.ark: applies . with egual!foree to the mrgratwn Dav:id ' Browning Culberson, one of the greatest merr I eyer . of Austin and his little band of MiSSDurians- into Texas. "What knew [ap_plause]-God bless him in his grave-was my imme­ these two small companies of· Missourians a.ccomplished in Ore- diate neighbor in the House.· One of the best, truest, and most· gon and in Texas is_ likely to be repea.ted on rr larger scale to unselfish friends I ever· had• or· ever-expect to have is the lion·­ the north of us, for the stream of our people now pouring into hearted young•Texan, JosEPH WELDoN· BAILEY. [Applause.] Uanitoba wilUn.alLhumanprobability in a ,few years American- Stephen F. Austin was a Missourian-one of the most·distin- ize all of Great Britain's North American possessions ~ and make. guished of that splendid. breed of men. In addition to all this­ them constituent members of the great :J;tepublic-a.consumma- Austin was an-alumnus of Transylvania University, now Ken- tion devoutly to be wished; · - 'tucky University, at. which famous seat of learning I spent three- Old Ben Hardin, one of Kentucky~s. greatest: characters: and of: the happiest, most laborious, and most profitable years of· a most skillful lawyers, was wont to say tbat:" bJood. is:· thicker busy. life. The two most celebrated names on the roster-ot· her· than water." So, when•Texas-threw·off-the Mexican yak~ and~ students were those ot· Jefferson Davis and Stephen F. Austin. began . her · wa~ for independence, from· no State did-she r:eceLve (Applause.] Frequently when I can snatch a moment. fr~m more:. sympathy- and more aid than. from· Missouri. 'Vhen our this-strenuous life my heart fondly travels back over mountam, troubles were brewing with M:e:x;ico no men. ever were more vale, and river to the· days of my youth about· Lexington. eager to fight than..were the·l\iissourians; when the calll fo:t: vol- Still o'er these scenes my memory wakes, unteers was made. thrice as many Missourians rushed to the And fondly broods with miser care ; standards as. could be accepted;· and-from the~ beginning•of hos- Time but-the, impression stro.nger- makes, tilities to the hour when our :flag floated ~ in triumph over Santa As streams their channels deeper wear. Ana's capitol,. they fought with the. traditional courage of- their 'J'he- intellectualits and1 scholarship of pioneers- in genera], race. and· ~xas_ pioneers in particular: have been much undei'rated. The. cause which. impelled the Missourians to narticipate so Of course. there were ignoramuses and unlettered boors among enthusiastically- in that war was_ thus eloquently stated by.- the· them, just ~ as- there were· among the barons who· farced 1\iagna.. late Senator· George Graham Vest, in his. brilliant oration on· Charta from King John at Runnymede. There were also Thomas H. Benton : among-these western. pioneers men ofl brains·; of learning, and ot. No mn.n who ever existed ln. the public life of this. country more com- manners which would have graced· anY' SOciety in the· worJd. pletely and appn.rently committed suicide Unm Thomas . ~· Benton. ~e . MY. · friend ROBERT L. HENRY. of· Texas, told me these. inter­ knew as-we.ll or better than any other man wha.t .the. preJudice and OPlJ;~.- esting facts~ He says that w1len1 in 1859; Bon. A. W. Terrell, ions of the people of Missouri were on the subject of sta.very, and thelr a. M.issourian, was. district judge in Texas, nnd came to empanel sympathy with their brethren of. the ·southern States that had goneBto . a grand JU" -ru comp"'sed o...._ sixteen members, he noted. among· Texas, thrown off . the yoke- and established an independent. State.· ut 4" o J. more than this, he knew there was not. a family m western. Missouri them. twelve-college:andt university graduates. . Colonel•Terrell is that bad not lost-. father, brother, husband, -:;r s~~ ~n the; S~ta- ~e a· pl'G!Oundl scholar . a brilliant orator, and bas held. many; 8 8 ~~~il~v~;:~~f.a::~£ooms~:f{~ r:s~:f1~~m~ a~ tha~ th~ ~~~~~ ofD:lJiis~- p-~sitions . of honor:· ~nd · Of' trust He· waS:. minist~ to Turkey·· souri. firmly beUe-ved that the Mexica.na· had, incited. thP.· Indians, to · ·during· Cle:veland'S-i Adm_inistration, and has· mmgled· much) make these attaclts. It was- well known that the merehants of· Santa- ' - · · 1905. CONGRESSIONAL RECORD- HOUSE. 3437

with the great; but it is doubtful if in any circle in which he In 1691 Governor Teran, governor of Coahuila and Texas, has moved he eyer came in contact with any coterie of men planted several settlements in Texas, but they- were soon driven who were blessed with a higher average_rate of education or out by starvation and hostile Indians. native ability than that grand jm-y in the wilds of Texas in In 1714 Crozat, to whom Louis the Fourteenth, of France, antebellum days. granted the territory east of the Rio Grande, sent St. Den­ Mr. HENRY also declares that after a thorough investigation nis to the Rio Grande to take possession of Texas. In 1717 Into the matter he is satisfied that the signers of the Texan this aroused the Spaniards and they established a number of declaration of independence were of the same high charac­ missions in Texas, among which was the famous Alamo, at ter as the signers of the American Declaration, endowed with San Antonio. France continued to assert her claim to Texas, equal mentality and educatiOnal equipment. and in 1730 the Indians tried to drive out both French and • I love to think of the bold, adventurous men who blazed Spaniards, but did not succeed. the path~ay of civilization across the continent to the shores In 1762 France ceded Louisiana to Spain, and in 1800 Spain of the peaceful ocean. They, and not the politicians of this era, re-ceded it to France. The sale by France of Louisiana to the made this a world power. We owe them a debt of gratitude United Stutes made it necessa-ry to define the boundaries which we can never repay except by being model Citizens. They between France and Spain, and in 1819 the Sabine River .had none of the ordinary incentives to high endeavor. They was agreed. upon between the United States and Spain as the acted their parts in a rude age, upon an obscure stage,_far from boundary. the teeming centers of population and publicity, with no Boswell From 1821 to 1834 colonists from the United States settled to follow at their heels to record their words, with no news­ southeast Texas. The colony of Stephen F. Austin was the first paper correspondents to blazon their deeds. No trumpet of and most important.· It covered the lower Brazos and Colo­ fame sounded in their ears, cheering them on in their onerous, rado rivers, including the land where the city of Austin now hazardous, self-appointed task; but they wrought nobly for stands. their country and their kind. In 1830 the Mexican Congress prohibited further immigra­ Standing by the humble graves of western pioneers, I have tion from the United States, and in 1833 the people of Texas often recalled the noble lines of Gray: tried to secure from Santa Ana a separate State government, Nor you, ye proud, impute to these the fault, but failed, and in 1835 Texas revolted. If memory o'er their tomb no trophies raise, In 1836 (April 21) Gen. Sam Houston defeated the Mexican Where thro' the long-drawn aisle and fretted vault, army at San Jacinto and captured Santa Ana. This vic­ The pealing anthem swells the note of praise. tory, one of the decisive battles of history, ended the war and PerJiaps in this neglected spot ls laid · · · secured the independence of Texas. On March 2, 1836, Texas Some heart once pregnant with celestial fire ; Hands that the rod of emrore might have sway'd, declared her independence, and on September 2, -1836, adopted a Or waked -to ecstasy the living lyre. constitution and elected Houston President of the Republic, and Some village Hampden that with dauntless breast Aust· was chosen secretary of state. The little tyrant of his fields withstood, The electors at this election declared in favor of annexation Some mute inglorious Milton here may rest, to the United States. · Some Cromwell guiltless of his country's blood. The United States refused to annex Texas, because President Mr. Speaker, we are all proud of our several States, but Van Buren declined the proposition on account of the slavery prouder still to be citizens of this mighty Republic, built not question. for a day, but for all time, and destined under God to be the Again, in 1844, the antislavery sentiment prevented annexa­ dominating influence of all the centuries yet to be. tion. In 1845 President Polk secured its annexation and the Four States are squarely in the race for first place in the war with Mexico followed. In 1861 Texas seceded from the rare and radiant sisterhood-New York, Illinois, Missouri, and Union and joined the Southern Confederacy, and from June, IT'exas. All good Missourians hope that Missouri may win the 1865, to March, 1867, it was under a provisional government, greatly coveted prize; but if it be decreed by Fate, to whose and from that date until September, 1869, was under a military mandates eyen the haughtiest and most powerful must bow, government, when it was restored to the Union. · that she shall be outstripped in this contest of glory, she will Mr. Speaker, this brief history shows that Texas had five yield the palm of victory with more grace and less regret to the separate and distinct governments and gave allegiance to fiye colossal Commonwealth which this day pays her highest tribute separate flags in less than half a century. She was first under to Sam Houston and Stephen F. Austin than she would to any the Spanish flag, and so remained until l\fexico rebelled against ,other, becaus~ Missouri feels that Texas is bone of her bone and Spain and formed a separate government in 1824. Texas was flesh of her flesh. [Loud applause.] from that time until 1836 under the .Mexican flagJ at which time Mr. STEPHENS of Texas. Mr. Speaker, the· Texas legisla­ she rebelled against Mexico and became a separate republic ture, in presenting the United States with the statues of her under the Lone Star flag. two most worthy citizens, had a very delicate task to perform. See! Just above th' horizon's farthest edge The Loi;te Star State has a perfect galaxy of gifted and pa­ A lone star rises in the gloomy night ; triotic sons to choose .from~ but a selection had to be made, Dimly and tremblingly its rays are seen, and the people of Texas without a dissenting voice, so far as I Shining through cloud rifts or concealed from sight ; Faintly it glimmers o'er the Alamo ; know, have approved the wisdom of its legislature in selecting Redly it gleams above Jacinto's field ; Stephen F. Austin and Sam Houston as the proper persons to Higher it rises-now, brave hearts, rejoice- represent her in the American Valhalla known as "Statua1-y 'Tis fixed in beauty on heaven's azure shield. HalL" In 1845 she was annexed to the Pnited States by a vote of her Forty years ago Congress set apart and dedicated the old ve.ople and the consent of the Congresses of the two Republics. House of Representatives in this mRt,onificent Capitol building From 1845 to 1861 Texas was a part of the United States, and as a Statuary Hall, and each State legislature is permitted to the Stars and Stripes became its flag by voluntary adoption. select two of its citizens for this honor. In 1861 Texas seceded from the Union and joined the Confed­ While all true Texans thus delight to honor Houston and erate States government and substituted the Confederate stars Austin, they do not forget their long list of brave and noble and bars for Old Glory, and after the fall of the Confederacy sons, many of whom sleep in unmarked or unknown graves. Texas resumed her place in the Union. Thus it is seen that the Of these silent slumberers it can only be said that- Spanish, the Mexican, the Texan Republic, the United States, No slab of pallid marble, and the Southern Confederate flags floated in rapid succession With white and ghostly head, over the imperial domain of the Lone Star State. Mr. Speaker, Tells the wanderers of our vale The virtues of our dead. it was in this history-making epoch that Houston and Austin The wild flowers be their tombstone, lived and wrought so well for the1r adopted country. What And dewdrops pure and bright State in the Union has a history so rich in great events and so Their epitaph the angels wrote fruitful of great results? What Stnte can approach the Lone In the stillness of the night. Star State in the heroism and datmtless courage of its pioneers, .Mr. Speaker, Texas bas a unique and strange history. in the· magnitude of its territory, the diversity and richness of The self-sacrificing devotion and heroic deeds of her noble sons its soil, the salubrity of its climate, the diversification of its have been seldom equaled and never surpassed in the world's crops, the healthfulness of its inhabitants, and its wonderful history. Their actions are the pride and the priceless · heritage natural resources in timber, coal, iron, oil, and minerals? · of every Texan. Mr. Speaker, for this imperial domain we owe Houston, Aus­ Cabeza De Vaca first visited Texas in 1528, and La Salle made tin, and their compatriots a debt of gratitude never to be dis­ the first settlement on the Lavaca River in February in 1685, charged. Let us contrast and compare the lives of "these dis.: for the French, and named tb.e fort St. Louis. This fort was tinguished Texans. They were each born in the year 1793 in destroyed by the Indians and La .Sal•e was killed, and the rem­ the State of Virginia, Austin near Austinville, and Houston in nant of his followers captured by the Spaniards. Rockbridge County. 3438 CONGRESSIONAL RECORD-HOUSE .. FEBRUARY 25,

Their fathers were veterans of the Revolutionary war. posure while endeavoring to secure the annexation of Texas to Houston's ancestors were of Scotch origin; Austin's were of the American Union. the sturdy New England stock. Austin was a graduate of Tran­ He had sacrificed the best years ·of his life for his beloved syh·ania University, while Houston was not a graduate, but in his Texas. He made a long and dangerpus journey to Mexico for youth he preferred chasing the deer with his Indian friends to his people and was there cruelly imprisoned by Santa Ana for engaging in the pursuit of knowledge in the schools. Houston, many months. .whose family had removed to Tennessee, was a sergeant in the He opposed taking up arms against Mexico as long as there war of 1812 and was the best driJled officer in his regiment. He was any hope of securing justice from that country; but when served under General Jackson in his campaign against the the struggle for liberty and independence could no longer be Creek Indians and was dangerously wounded in the battle of averted he did everything in his power to throw off the Mexican Horse Shoe Bend, in Alabama. yoke and create the Lone Star Republic. During these years .Austin, whose father had removed to He lived long enough to see Texas become an independe:r!t Missouri, was, when only 20 years of age, elected to its Terri­ Republic. ·No blot ever rested on the name or charat'ter of this torial legislature and served several terms, and greatly distin­ unselfish patriot, hero, and statesman. To no one more justly guished himself therein. belongs the name of" the father of Texas" than to Stephen F. IIouston, on resigning from the Army, had studied law and .Austin, and it is well that the beautiful capital city in the began its practice at Lebanon, r.renn., and became a very suc­ greatest State in the greatest Government on earth sho"uld bear cessful advocate. In 1823 he was elected to Congress and the name of Austin. served two terms ; in 1827 he was elected governor of Tennessee, Mr. Speaker, further comparing the lives and services of and in 1832 removed to Texas and made it his future home. Houston and Austin, we find but few points of analogy in their In 1821 Austin removed to Texas, and was the first American providential work and character. Austin was the pioneer and to plant an Anglo-Saxon colony in Texas. At that time the set­ colonizer, the Capt. John Smith, while Sam Houston was the tlement at Nacogdoches was the only settlement between the Washington of Texas. They were the respective leaders of Sabine and San Antonio. the citizen soldiers who conquered the Indians, Spaniards, and Austin's father, Moses Austin, had received a grant of land Mexicans then inhabiting Texas and brought into this Union from Mexico for this colony, but died and left his son, Stephen its future empire State. For, Mr. Speaker, if I may indulge in F.,. to carry out the project, and be proved himself equal to the prophecy, I would state that in my .judgment Texas will during emergency and planted a colony :that remains to-day, thus prov­ this century surpass every State in this Union in population, in ing anew the untiring energy and courage possessed by this wealth, and in material prosperity. Mr. Speaker, I have a sturdy and determined man, as well as this further fact, well deep personal pride in the heroic history of Texas. I was born established by history, that when the Anglo-Saxon conquers a within its borders. My parents and grandparents were among countri and makes it his home, he keeps it Texas had been the men and women who founded and defended it My mater­ claimed alternately for centuries by France and Spain; but it nal grandfather, James Truit, was a member of the Congress of still remained for Austin and the Anglo-American colonist to the Lone Star Republic and served therein with Sam Houston, conquer, civilize, hold, and Christianize this magnificent domain. while my paternal grandfather, John Stephen~, served with In the year 1835 Austin was chosen to command the army of him under General Jackson in the war of 1812 and in the Texas, and he conducted a short but successful and brilliant Indian war that I have before alluded to. They were, therefore, campaign against the Mexicans at San Antonio, thus showing his close personal and political friends. that he possessed military genius of a high order. On November Mr. Speaker, Stephen F. Austin was the right man to lead 28, 1835, he was appointed a commissioner to the United States and defend a colony in a new country, and there to organ­ for the purpose of securing funds to ca1Ty on the war. His ize society and found a State, while Houston was the brave mission was a ·delicate and difficult one. He secured many loans Bnd experienced soldier, the liberty-loving patriot and states­ of money, and pledged his private fortune as security for re­ man, ever ready to fight the battles of liberty and establish in payment, and while on this mission, at Louisville, Ky., he made an alien land, by revolution if needs be, the principles of the an address in behalf of Texas, in which he said: American Constitution. Houston has the matchless distinction In doing this [referring to the rebellion of Texas against Mexico] of having been a governor, a Congressman, and an officer in the the first step is to show, as I trust I shall be able by a succinct state­ army of two republics, as well as the further distinction of ment of facts, that our cause Is just and is the cause of light and liberty, the same holy cause for which our forefathers fought and bled ; llaving been the President of one republic and a Senator in the same cause that has an advocate in the bosom of every freeman, another. When the civil war broke out he was the governor of no matter in what country or by what people it may be contended for. Texas, and when the State he had aided in founding seceded •. He did not return to Texas until after the battle of San from the Union and joined the Southern Confederacy he refused Jacinto, but became a candidate that year for President of the­ to take the oath of allegiance to the new government and Republic of Texas. General Houston was his opponent and retired to private life. defeated him by a small majority. In a speech made at this time he became a true prophet. He .Under the new order of things Austin became the secretary said that his " misguided counb·ymen were then; in the mad­ of state and entered immediately upon his duties. A prime ness of the hour, incapable of calmly comprehending the danger measure with the administration was to secure the annexation of the coming war. But when Texas and the sunny southland of Texas to the American Union. The people had almost should be overrun with Federal soldiers, and the best ·blood of unanimously approved that measure at the late election. One the South spilled on the battlefield, the negro slaves set free, of the first acts of the secretary was to prepare instructions martial law proclaimed in every Southern State, and all south­ for the diplomatic agents to be sent to Washington. He was ern men disfranchised, and the negroes given the ballot, then, a good part of three days, and portions of nights, engaged in and only then, would his fellow-citizens see that Sam Houston this work. The accommodations for the Government at Colum­ was right in opposing secession and the war." Mr. Speaker, bia were very inadequate. The weather was cold, and Austin we know that this prophecy came true. But Providence, per­ was compelled to write in a room without fire. haps kindly, on July 26, 1863, removed this prophet and 'l'he exposure in an unfinished and unfurnished room brought patriot from earthly scenes. He died while the civil war was on a cold, which was succeeded by an attack of pneumonia, raging on every hand and before the dark days of reconstruc­ of which he died at the house of George B. McKinstry, in Co­ tion, so well foretold by him, had actually come. lumbia, December ·27, 1836. The following order was imme­ Mr. Speaker, General Houston's retirement during the civil diately issued from the war department: war was not a happy one. He looked upon secession as an ac­ The father of Texas is no more. The first pioneer of the wilder­ complished fact; he viewed with inexpressible grief the war ness has departed. Stephen F. Austin, secretary of state, expired this measures adopted by both contending armies ; he feared that day at half-past 12 o'clock at Columbia. As a testimony of re­ spect to his high standing, undeviating moral rectitude, and as a mark republican institutions would l>e superseded by two centralized · of the nation's ~atitude for his untiring and invaluable ser::vlces, all despotisms in which the liberties of the people would be swept officers, civil ana military, are requested to wear crape on the right away; and the prospect saddened him. His last appearance arm for the space of thirtl. days. All officers commanding posts, gar­ risons, or detachments wil , as soon as information is received of this before a public audience was in the city of Houston, on March melancholy event~ cause twenty-three guns to be fired, with an Interval 18, 1863, and in the opening paragraph of his speech said: of five minutes oetween each; and also have the garrison and regi­ mental colors hung with black during the space of mourning for the Ladies and fellow-citizens: With feelings of pleasure and friendly Illustrious dead. greeting, I once again .stand before this large assemblage, who, from By order of the President : their homes and dally toll, have come to greet once again the man WILLIA.lll S. FISHER, Secretary of War. who so often has known their kindness and affections. I can feel that even yet I hold a place in their high regard. IIis remains were accompanied by President Houston and This manifestation Is the highest compliment that can be paid to his cabinet, both houses of Congress, and other officers of the the citizen and patriot. Government to the family burying ground at Peach Point, Bra­ As you have gathered here to listen to the sentiments of my heart. knowing that the days draw nigh unto me when all thoughts of am­ zoria County. bition and worldly pride give place to the earnestness of age, I know Xhus it appears that this pioneer and p~triot died from ex- you will bear with me wh~le, with calmness and without the fervor 1905. CONGRESSIONAL RECORD-HOUSE.

a.nd eloquence of youth, I express those sentiments wblch -set>m natural -The statues ·Of Washington, J:.etr:e.r.so:n, Hamilton, Lincoln, Grant. ana to my mind, in view .of the conditicn of the country. Baker:, .of Oregon, were not presented by their States, and 11re not. I have been buJfeted by the wav-es as I have be.en borne along time's tht>refore, included in the above llst. -ocean until shattered and worn I approach the narrow isthmus whieh '.rhe following are not represented In ·statuary Hail : Alabama, Ar- 1livides it from the sea of eternity beyon.d. · kansas, .California, Colorado, Delaware, Florida, GeGrgia, Idaho, Wash­ Ere I .step forwar.d to journey through the pilgrimage of death I ington, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Montana, would say that all my thoughts a.nd hopes are with my country. · Nebraska, Nevada, Wyoming, North Carolina, North Dakota, Orq~ If one impulse rises -above another, it is for the happiness of these 'South Carolina, South Dakota. Tennessee, Utah, and Virginia. people. 'The welfar~ a:nd glory of Texas will be the uppermost thought SAM HOUSTON~ THE HERO_, THE STATESMAN, AND THE PATJllOT. while the spark of life lingers in this breast. 1\!r. Speaker, it appears that these noble characters-Houston Mr. GIBSON. · Mr. Speaker, whenever and. wherever there is - and Austin-whom we to-day delight to honor_, when they finaly an assemblage of people to do homage tD the name of Sam found themselves standing on the T'erge of the dark river .each Houston, Tennessee enters her appearance and -claims the right ·spoke .and thought of the future happiness, honor, and glory <>f to tender her tribute to his fame and deposit her wreath in Texas ; and may we not indulge the fond hope that they now his honor. Tennessee received Houst<>n to her bosom while hB from a higher sphere, with clear and unclouded vision, delight was yet in his infancy and trained him up to manlwod and in seeing a reunited country and in t;ealizing that their ·beloved , bestowed her honors upon b.im, .fitting him to perform the · Texas is one -of the .brightest stars in the constellation of States part of a star actor on that grand Texan stage where his au- in this the greatest Republic Roger Sherman----- Conn~cticut --- House of Representatives, 17~1-!793. Jonathan Trumbull ______do------House of Reprk!sentatives, First, Sec­ next moment a barbed ill'row pierced .his thig~ Di:sregarding ond, and Thlrd; Senate,.l795-96. the woUild, he leaped down .among the Indiilllil and :beat them James Shi.elds ------illinois------Senate, 1849-1855, Illinois; 1858-59, off until his men had time to climb over and j.oin him. Not-. Minnesota; 1871, Missouri. 0. P. Morton ______Indiana------Senate, 1867-1877. withstanding this terrible wound be eontinued m the thickest John J.lngalls ------Ka.risas ______Senate, 18'13-1889. of the battle until shot d-own by two bnllet wounds m his right John Winthrop_----- Massachusetts_. No service. shoulder, when he was carried off the field and laid upon the Samuel Adams------_____ do------Do. · Continental Congress. ground to die. From these wounds be nev~ fully :remvered ;. ~1!a~~iL::=: -~~.1~~d·:::: Senate, First Congress; resigned.1792. they discharged more or Jess almust every duy tmtil .he died, Noserviee. fo1·ty-nine years afterwards, and his linen was wet with the dis- ~~~~-=~:::::: lh~g;!;::::: Senate, 1B45-l848. his death. - Thomas H. Benton __ Missouri..~--- Hth;d.of Representatives, Thirty- charge in the hour of Houston was a born warrior, and when the sounds .of battle F. P. Blair------...•• House of Representatives, "Thirty- in Texas reached his ears ibe William Allen------.••• ..do------House. of Re£1.esentatives, Thirty- fatuus scintillating amid the exhalations and vapors arising ~~~ -T · ty-seventh; Senate, from political commotions, more .a dr-eam ()f aspiring . pntrio~­ Robert Fulton ______Pennsylvania __ No .service. ism than a .substantial reality, until Sam Houston'.s foot struck J.P.G.Muhlenberg __ ----do ______Hou'S.e of ReprB.Senta.tives, First, the soil of the struggling territory, and then its star rose visible Nathanael Greene____ Rhode Island__ N~!:~~~d Sixth. and cleat' above the horizon; and when he was put in command Roger Williams----- _____ do------Do. of the Texan army that .star rose still higher and shone with Sam Houston....--~--- Texas-~----- Honse of Representatives, l823-1825; greater brilliancy and attracted greater .attention ; and when Senate, l846-1Ba9. Stephen Austin...... _____ do--·---·---- No service. . he turned that army's face toward the invading Mexicans that JacobCollamer ______Venaont______House €if Representatives. Twenty- star, instinct with .fate, blazed with a glorious ,effulgence pro­ eighth and Thirtieth. :and his Ethan All®------_____ do---..----- No service. . phetic of victory .empire; and when Houston and heroie John E. Kenna------West Vi.rginla._ House of .Re1J:resentatives, Forty­ compatriots 'Stood at rughtfal1 vletorlous on the neld or b.attte sixth, Forty-seventh, and Forty­ at the 'San Jacinto, that star rose majestically to the zenith, a .eighth; Sen2.-te, 1883-1893. F ..IL.Pie.rpont --~- _____ do ______No_· service. lnminary of resplendent magnificence, and Texas· was foreveT P~re Marquette------Wisconsin____ Do. fi•ee, the Alamo :and Goliad had been ·avenged, and the loae · Frances E. Willard ___ Dlinois______Do. st.ar of Texas had :beoome the .star of .empire. Texas was peopled by heroes. Down to the day .she estab- 3440 CONGRESSIONAii RECORD-HOUSE. FEBRUARY 25,

llshed her independence no coward bad ever set foot upon her HOUSTON THE COMPEER OF REGULUS AND WEBST»R. soil. The men who died fighting in the Alamo, the· men wllo The picture of Regulus standing in chains before the Roman nere slaughtered at Goliad, the men who faced the appalling senate and counseling the senators against making peace with perils of campaigning on the Texan frontiers, the men who Carthage (he well knowing at the time that he was pronouncing triumphantly charged the Mexican army at San Jacinto, were his own. doom), and his voluntary return to Carthage to submit as valiant and fearless as ever faced death on the field of bat­ to a most cruel death-this picture has from my early boyhood tle, and their devotion to the cause of liberty as intense as ever thrilled me with its heroic and patriotic sublimity. 'I'he picture inspired the hearts of patriot heroes since the days of Marathon of Daniel Webster standing on the floor of the American Senate, 'and Thermopylre. And, Mr. Speaker, when in distant ages bound by his oath to the Constitution, pleading for the passage the sons of Texas shall assemble, as assemble they will, to do of the bills necessitated by that Constitution in tile interest of ·honor to Houston and his heroic -compatriots and commemorate slavery, well knowing that he was pronouncing his political their mighty triumph at San Jacinto, then will it be said of doom, but preferring his love for the Union to his love for his ·them, "There were giants in the earth in those days." [Ap­ State-not that he loved his State lesR, but tilat he loved his 'plause.]. co·untry more-this act of political self-sacrifice bas always in HOUSTON'S STRENUOUS LIFE. my eyes stood forth on the canvas of history as the sublimest s~m Houston lend a strenuous life. Born and cradled in picture in tile whole record of the American Senate. Virginia, he crossed the mountains with his strenuous widowed The picture of Sam Houston, governor of Texas, sitting in the mother ·and settled in Tennessee when he was 13, taught the gUbernatorial office, whittling his pine stick, while the State "three R's " in a log schoolhouse when 18, enlisted in the Army convention in the ball over his head was calling upon him to when 20, campaigned against the Creek Indians and received come forward and take an oath of allegiance to the Confederate three wounds in battle wben 21, was United States Indian agent States, and while the multitude were singing hosannas to the when 24, Illltde adjutant-general of Tennessee when 25, a !}is­ Confederate banner, Houston refusing to notice the call, and trict attorney of Tennessee when 26, major-general of the State thereby forfeiting the great office he held because of his over­ when 28, Member of Congress from Tennessee when 30, and gov­ mastering love for the . old Union, not that he loved Texas less, ernor of T&nnessee when 34. Soon afterwards he left Tenne"see, but that he loved Texas more as a State of the old Union than crossed the Mississippi River and joined the Cherokee Indians, as a State of the new Confederacy-this picture of the old hero . whom he bad known well in his boyhood. Next we find him and statesman, suffering voluntary political martyrdom rather here in Washington fighting before Congress and the Depart­ than forswear the country and flag of his fathers, in whose de­ ments in behalf of the Cherokee, exposing the frauds perpe­ fense he had shed his young blood and to the advancement of trated against them, and denouncing in thundering tones and whose welfare he had devoted the best years of a long, active, fiery words the perpetrators of these frauds, their aiders and and glorious life-this picture of Sam Houston is well worthy abettors. As champion of the Cherokee and vindicator of to stand beside those of Regulus and Webster as grandly illus­ their rights and avenger of their wrongs, he found himself trative of the sublimity of heroic, self-sacrificing patriotism. encompassed by unscrupulous adversaries, and in the struggle HOUSTON A PROPHE·r OF PROGRESS. he waged, among other deeds of violence, he knocked down a Houston had a prophetic eye; he . foresaw the greatness and Member of Congress, for which offense be was tried before the glory of his country ; he vigorously advocated the construction bar of the House of Representatives and fined $500, which fine of a railroad from the Mississippi to the Pacific; his patriotic President Jackson remitted, to the extravagant delight of his and prophetic spirit saw the great tide of American population friends and the mortification and humiliation of his enemies. and American civilization spreading over the prairies, over the The next year Houston went to Texas, and in 1835 we find him plains, over the mountains, over the valleys to the shores of the commander in chief of. the Texan army of independence ; in Pacific, and from the Arctic Ocean to the Isthmus of Panama. 1836 we find him at the bead .of that rmy charging, like a Like his great commander and friend, Andrew Jackson, he ~ god of war and as an avenger of the Texan heroes who died at believed in the "manifest destiny" of the American Republic Goliad and in the Alamo, upon Santa Ana and the Mexican and in "expanding the area of freedom." He dreamed of invaders intrenched on the San Jactnto, and winning a victory, these tremendous events ; he talked of them ; he made speeches against great odds, so complete .and so decisive that no second . in advocacy of them; he fought to promote them ; he shed his battle was necessary and the independence of Texas was won. blood in support of them, and he died praying that in the provi­ In 1836 we find him president of the republic of Texas; in d~nce of God they might all be realized. 1846 we find Texas a State of the American Union and Sam The great crevasse in the levee of the Republic through which Houston its first Senator in the Senate of the United States; flowed, as with apparently irresistible force, the mighty tides in 1854 we find him pleading the cause of the Union before the oj secession, inundating one-third · of the Union, and sweeping American people; in 1861 we find him again back in Texas and over his own State, bearing down all opposition from the Poto­ again its governor, trying to stay the rising tide of secession, mac to the Rio Grande and overwhelming the champions of but trying in vain, and at last overwhelmed by the irresistible the Union everywhere except in the mountains, carried along inundation. on its foaming crest the grand old hero of Tohopeka and San One continual struggle marked his career, and one continual Jacinto. storm of abuse and vilification pitilessly assailed him, even Houston worshiped the Union with the devotion of a saint; when engaged in the noblest efforts to sustain the most right­ but he worshiped Texas also. Texas was, as it were, his child. eous and patriotic causes. Envy wagged at him her spiteful It was the scene of his greatest exploits. His valor and wis­ tongue, calumny hurled at him her poisoned darts, political dom had made Texas an inde_pendent nation, and it was long malice ·showered upon him its most fiery invectives and its most his supreme ambition to see her a member of the glorious sis­ bitter vituperations. terhood of the United States. When the object of this anlbi­ Fuliy and most bitterly did he realize that- tion was consummated by the annexation of Texas, when he He who ascends to mountain tops shall find saw the lone star of 'Texas join, as though by divine power, the The loftiest peaks most wrapped in clouds and snow ; grand and glittering constellation of the American Union, and He who surpasses or subdues mankind Must look down on the hate of those below. when be found himself a Senator from Texas in the Senate of tile United States, in the company of Webster, Clay, and Cal­ liOUSTOX'S PERSONAL APPEARANCE. houn, Thomas H. Benton, I.ewis. Cass, John J. Crittenden, Having seen Houston while I was a boy, I feel constrained to Reverdy Johnson, Daniel S. Dickinson, and other illustrious say that the marble statue of him we are this day accepting, statesmen, his happiness was complete, his most improbable while probably picturing him in his youth, does not do full jus­ ·dream had been substantiated, his most magnificent aspirations tice to the magnificent physique he possessed when in after days had been consummated, and he real.ized with a glow of patriotic he became the hero of two nations. Houston was a man of gratitude, not unmixed with a justifiable pride, that be at last majestic proportions, and wherever he went ne-ver failed to im­ had received the full measure of compensation for all his labors press all beholders with the conviction that he was one of the and dangers, for all the blood he had shed on the fields of giants of the earth. His appearance is thus described by one battle and all the agonies be had endured on the bed of suf­ who heard him speak at Galveston a few days before Texas f~ring, thus demonstrating that in his case, at least, republics joined the Confederacy: had not been ungrateful. The zenith of his greatness and his There he stood, an old man of 70 years, on a balcony 10 feet abOV(' the heads of the thousands assembled to hear him, where every eye fame had been reached. 'l'he clock of destiny had sounded could scan his magnificent form, 6 feet and 3 inches high, straight as high noon in the career of Sam Houston. [Loud applause.] an arrow, with deep-set and penetrating eyes looking out from heavy .Mr. FIELD. 1\fr. Speaker, in the .Memorial Hall of the Re­ and thundering eyebrows, a high open forehead, with something of the infinite intellectual there, crowned with white locks partly erect, and a public, in the silent . assemblage of the nation's great ,ones, voice of the deep basso tone, which shook and commanded the soul of in sculptured marble, wearing the garb of the pioneers_ of the. the hearer ; added to all this a powerful manner, made up of delibera­ wilderness, typical of the age and time in which they lived, tion, self-possession, and restrained majesty of action, leaving the hearer impressed with the feeling that more of his power was hidden stand Stephen F. Austin, the father of-Texas, and Sam Hous­ than x·evealed. ton, tb,e right arm of the infant Republic, placed there by tbe 1905. CONGRESSIONAL RECORD- HO"QSE. 3441

wishes or 3,000,000 or happy, prosperous people, their bene­ Texans. Independence had not yet been declared, and all of the ficiaries, as evidence of their admiration and devotion, and as battles of 1835-Gonzalas, Conception, the Grass Fight, the a declaration to all the world that these are the greatest of all storming of Bexar by old Ben Milam and his followers-were of Texas's mighty dead. Their brave hearts no longer beat; fought in defense of their rights under the constitution of 1824, their strong arms are rigid, their lips forever sealed, and yet and Travis and Bowie and Crockett and Bonham and all of eloquent in marble, they bring back to memory the most lumi­ the immortals at the Alamo "fell with the flag of the constitu­ nous and glorious pages in American history. But for the com·­ tion of 1824 floating over their heads, when four days before, age, the· statesmanship, and self-sacrificing devotion of Stephen but unknown to them, the banner of a free republic-the Lone F. Austin to the early colonists of Texas they would have been Star of Texas-had been unfurled on the banks of the Brazos." driven from the fair land to which he had led them, and Texas, Santa Ana was marching on the Alamo; there was no longer like her sister Coahuila, would now be a State of the Mexican a peace party in Texas. Austin and Houston now advised for Republic; and but for the wise counsel, the strong arm, and Texas independence, and were ·as enthusiastic even as Archer bright blade of Sam Houston at San Jacinto the lone star of (the 1\Iirabeau of the revolution), the Whartons, and others of the infant Republic, dazzling in beauty as it was, would have their followers; and on the ·ever memorable day of :March 2, faded from the galaxy of nations before it added new luster to 1836, the declaration of independence was declared, and on the the flag of our great Republic. 16th the constitution of the new republic was adopted. Texas These statues of Texas's greatest heroes, however, were not was born in the midst of revolution and of peril, and soon the placed in the nation's Pantheon as reminders of their heroic bloodiest chapters in the book of time were to be written and acts and deeds alone, but as the grandest types of the age the most heroic acts performed in the history of the world. and scenes in which they lived and moved, and the most perfect Did time permit me, I would like to speak at· length of the exponents of the glory of the past-the heroic days of Texas. battles and the heroes of the revolution ; how old Ben 1\.filam, Far back in the remote ages of romance and chivalry the Span­ to settle controYersy, cut the Gordian knot by drawing a line ish conqueror, with bloody sword, rifled the treasures of the ­ upon the ground, stepping across, and calling, " Who will fol­ Montezumas, and in his eager march and search for gold faced low old Ben 1\filam '!" and 300 more, as brave as he, stepped the rising sun and crossed the great River of the North far across, and the storming of Bexar commenced. Five days and into the plains of Texas, where since creation's dawn silence nights the assault went on, from house to house, through nar­ and peace had reigned ; and following close in the soldiers' row streets and plazas broad. Old Milam fell, but Johnson on­ wake came the devout, mysterious monk, to heal the wounds ward led the charge until victory was won, and 500 1\Iexicans, of war, to bear the Messiah's message and teach the arts of with many dead behind, ma:rched out with banners trailing peace, whose monuments remain in those quaint mission cas­ across the Rio Grande, and there remained rio hostile foe in Texas. tles from the Rio Grande to the Salado, and" whose dismantled At the Alamo, liberty's purest shrine, the fruitful theme of ruins still keep the memory of those adventurous days." eloquence, poeh·y, and song; how Travis and his immortals, Spanish oppression filled the land with grief for many hun­ conscious of their doom, sent the last message back that they dred years until the pious priest Dolores raised the standard would never surrender or retreat, and when surrender was de­ of revolt, proclaimed the magic word of liberty, which, though manded answered back with a cannon shot; how the " stillness crushed out many times, at last bore fr.uit, which now appears of that Sabbath dawn was broken by the trumpet's blast, and in the stable government beyond the Rio Grande. Texas, for every band broke forth in the shrill and terrible strains of the many hundred years, remained the home of the wild beasts deguello ( da-gwal-yo), the music of merciless murder," and and the savage tribes of the plains, until Moses Austin, the 10,000 Mexicans rushed on ; at last broke down the southern father of Stephen F. Austin, obtained permission from the gate, and like a stream long pent up, the murderous tide poured 1\fexican Government to locate 300 families as colonists in that in. Brave Travis fell near the outer wall by his cannon, no vast wilderness. He viewed the land, but was ·not permitted longer useful ; Bowie, though sick, piled many a ghastly corpse to possess it;· but died, broken down by many hardships, leav­ around him. ere he died; and where the dead lay thickest old ing to his son, as his last injunction, to carry out .his plans. Davy Crockett fell. Ln thirty minutes 177 Texans fell, with How well he did it we need but look upon that great State, its gun in hand; none escaped, and none in flight sought safety, fruitful fields, its prosperous people, growing cities, and un­ but round them lay 500 of the foe. I would like to speak, too. limited resources, to-realize. of Goliad, of Fannin and his murdered martyrs, and tllen Ol' 'Vhat was said of Epaminondas, as the greatest of the Greeks, Houston, of Burleson, and Lamar, and San JaCinto's field, wherE. could with truth be said of Stephen F. Austin, "A faithful the twin sisters spoke in deadly chorus-where Goliad and the portrait of his mind and heart would be his only eulogy." Alamo were avenged and Texas, in heroic battle, achieyed Stephen F. Austin, in January, 1822, established on the waters her sovereign independence.- But these fruitful themes of elo­ of the Brazos his first colony, the beginning of Anglo-American quence I must leave to others, for want of time. civilization in '.Texas, and from that time on to the close of Mr. Speaker, Texas was not bought with gold, but by the his useful and eventful life to its development and extension blood of heroes won, and she is worth the price, eyery drop, as -he devoted all of his energy and · great ability. He was the precious as it was. Look at the fair land-an empire in vast colonists' truest friend; in all assemblies their most trusted extent, reaching northward from the Gulf; 700 miles from counselor, and their leader in battle, except when performing east to west, 900 north and south, as beautiful and productive duties even of greater importance. When first the colonists' as any part of earth. In the South and East, when the earth rights were threatened by revolutionists in Mexico, he jour­ was new, with the profuse hand of nature was scattered abroad neyed to the Mexican capital, arriving there alone and a the seed of the pine tree, the cypress, and the oak, from whose sh'anger, with no knowledge of the language or customs of the great forests come the thousands of happy homes of the western people. He displayed such ability and statesmanship that he settlers. Moving to the north rolls out those beautiful prairies not only secured additional privileges for the colonists, but where, in the dim distance, the verdure of the earth seems to shaped the policy of the Mexican Government and largely mingle itself with the azure of the sky; sh·etching far, far to framed the Mexican constitution of 1824. And it is worthy of the west those immense plains, where countless cattle roam, note, and evidences the devotion and loyalty of the colonists of behind whose mountain bal'riers the setting sun descends; Texas to constitutional government, that though this constitu­ and when the tide comes in at early night, the Gulf breeze un­ tion ignored the inalienable rights of every English-speaking obstructed moves far to the north, bringing refreshing sleep man-the right of habeas corpus and trial by jury-still Aus­ to weary man and beast, and gentle showers quickening into ti-n and his colonists, true to their compact, defended it against life all nature's growth. Her fertile bosom would feed all the all the revolutions of Mexico, until Santa Ana declared him­ hungry of the nation, and clotlle them, too, and give them. shelter self military dictator, set aside the constitution of 1824, and from the winter's storm. Deep down within her bosom she subjugated every State in Mexico except Texas, and was then holds the treasures of her mines, and gas, and gushing oi1, and, marching with his hitherto invincible army upon the doomed like a rich and prudent mother, gives them to her children from city of San Antonio. Under the despotism of Santa Ana time to time as her treasures they explore; and hugh granite events were rapidly moving to a revolution in Texas. mountains to build and beautify her future cities, too. In this The blood of patriots had been shed, and the soil of Texas fair land there is no place for any future State. There 3,000,000 was thenceforth dedicated to liberty. people dwell ; in many things of different minds and views, each Austin, hoping to avert the threatened revolution and amelio-· intent· upon his own, in one thing only, in mind, in heart, in firm rate the intolerable oppression of th,e colonists, again journeyed resolve, united that in the superstructure of that great State no alone and in disguise across the great plains to the City of contraction shall be made, but they will build as long and wide Mexico; but despotism was then supreme. He was thrown into as are the foundations which their fathers laid and cemented prison, and remained a captive for two and one-half years, a: with their blood, from the Sabine to the Rio Grande, from the hostage of his people, whi~h restrained action on the part of the Red River to the rolling Gulf. [Loud applause.] XXXIX--216 . 3442 CONGRESSIONAL RECORD-· HOUSE. FEBRUARY 25,

Mr. 'PINCKNEY: Mr. Speaker, the great State of Texas after his settlement was made. to visit the seat of government chose well when she elected, out of all the noble sons who have Nothing daunted at the prospect; he traveled the 1,200 miles helped spread glory upon the pages of her history, who have that intervened on horseback and alone. He stayed for twelve shed their blood and died upon her battlefields that she might months at the capital, and by ·his tact and energy had all his live and attain her liberty, or who have distinguished them­ grants renewed, his powers for good enlarged, and returned selves in the councils of the nation, the men for· whom this hour to his colony the representative of his Government and clothed is set apart to honor. with almost absolute authority. I say she chose well when she selected to grace the balls Then began that period when the wise exertion of his power of the nation's Capitol the statues of Stephen Fuller Aus­ as impresario of his colony ·and his judicious· administration tm; her first and most deserving love, and Sam Houston, her of its public affairs endeared him to the hearts of his people most renowned chieftain, the leader and commander of her and inspired them with boundless love and confidence, a love armies in the days of her momentous struggle for Uberty. and confidence that remained unshaken to the end. His colony - 'l'hese two men justly deserve that this honor should be con­ was made the model of all others that followed, and his leader- ferred to their memory, because of tlte deeds they performed . ship became the example and inspiration of every colony for her in the beginning of her life, that life which has grown throughout the State. so beautifully grand in so short a time. For a time everything :went well. The colonists were grad­ Eighty-three years ago the vast domain over which the lone ually overcoming their initial hardships. The Mexican laws star flag of Texas floats in fadeless glory, stretching from Red encouraged immigration, and settlement followed settlement River to the Gulf and from the Sabine to the Rio Grande, was in rapid succession. No foreboding of evil clouded the ·appar­ R wilderness inhabited only by savage tribes and over which-in ently brilliant prospects. But soon there came a change. freedom roamed the wild horse and the buffalo. The plow­ Texas had for governmental purposes been attached to the share was unfelt by her rich and alluvial soil, and the merry neighboring State of Coahuila, but had been promised in the song and laughter of the plowboy broke not her lonely solitude. beginning that as soon as her population became sufficiently 'I'o-day all is bustle, a land of life, prosperity, and happiness. numerous she would have separate government. Thousands of homes stand upon her hillsides or nestle in her This arrangement soon became, for obvious reasons, very in­ valleys. Her countless towns and cities, her waving fields of convenient and annoying to the eolonists. Their general laws grain, her cotton, rice, and cane, all speak in thunderous tones were written in a language foreign to th~m; and the seat of gov­ of her matchless growth and energy. ernment 800 miles away, and reached only after weeks of travel Austin found it in 1821 a wilderness, broad and dense. Yet, and hardship. Her vote in the common council was only two, in 1836, when he died, he left it a free and ingependent repub­ while Coahuila had ten, which brutal majority was often used lic, acknowledged by the world, and ready to take her place in to her sore disadvantage. This condition of affairs soon became the catalogue of nations. His was the· matchless mind and re­ so irritating to the minds of a people reared in the pure air o:t sistless energy that directed her hardy people and molded them liberty and justice that efforts were made to obtain separation, for their high destiny, and when the people of to-day and those but they were to no avail. Meanwhile the steady inpour of im­ to come look upon the memorials to the nation's great they migration n·om the North began to alarm the Mexican Govern­ will gaze upon none grander or more worthy thnn Austin, the ment, which began to fear the results to itself from the infusion father of Texas. of the ideas of liberty, and laws were passed restraining further Who has accomplished more and brought forth greater ~ immigration. JUutterings of wrath became beard over the colo­ suits than did Austin in the forty-three years of his life? Who nies, the demand for separation from Coahuila became urgent, ever sacrificed more for a cause and fought adversity more and. at last, in 1833, a convention was ca.lled at San Felipe de calmly or with a firmer determination than· that which he began Austin, the capital of Austin's colony, and a petition was formu­ at the request of his father, who first conceived the idea of lated, setting forth the reasons for such separation, and asking founding a colony in the wilds of Texas? relief of the 1\le.xi,can Government. Austin was chosen to pre­ Stephen F. Austin was born in Wythe County, Va., on the 3d sent the petition, and with a characteristic spirit of energy and day of November, 1793, his father being Moses Austin, a na­ self-sacrifice made preparation for the long and arduous joui·ney tive of Connecticut, and his mother, Miss Mary Brown, of Ph1la­ to the capital. But there, also, had come a change. The spirit delphia. When Stephen was 6 years of age his parents removed of the dictator, Santa Ana, ruled the nation, and his anger to Missouri, whence, at 11 years of age, he was sent to Connecti­ was aroused against the proud-spirited, tyrant-resisting people cut to school, where he remained three years. He then fin­ of Texas. Austin was thrown into prison and remained for two ished his education at Transylvania College, Kentucky. At 20 years, ever on occasion advocating the cause of his people and years of age he was a licensed lawyer and member of the legis­ his adopted State. lature of the Territory of Missouri. At 27 he was a United The thought of final separation from the mother country had States district judge for the Territory of Arkansas. He had not as yet permeated the brain of the Texas citizenship, but gained the respect and confidence of noted men. He had at­ when the manner in which their petition and their representa­ tained high position in the service of his country. His pros­ tive had been received became known to them the mutterings pects for glory, fame, and leadership, for a life of ease and of the coming storm became louder and more persistent. When, prosperity, were all that he could wish, yet when the call of after two years of obstinate persistence in a policy of oppres­ filial duty reached him there was no hesitation and no regret. sion, the dictator of Mexico realized at last the serious aspect of · The restless spirit of his father in 1820 had led him to seek affairs and released Austin with' many assurances of confidence and secure a grant of land in Texas and permission to make set­ and esteem and many promises of reforms, the wave of revolu­ tlements, but before he could put his ·scheme into execution the tion· had reached such height and momentum that it could not hardships of the trip to the Mexican authorities~ which he was be calmed or stayed. Austin hastened home to prepare his peo­ compelled to undergo, proved too much for his endurance, and ple for the coming struggle. He told them that Santa Ana he died, leaving a request that his son should carry his plans had usurped the supreme authority, had overridden all law, and into execution. Without delay or protest, young Austin· has­ was intent upon the destruction of the colonies, and that the tened to the seat of government and secured from the Mexican time for action in defense had come. The people rallied to the authorities a renewal to him of his father's grant, selected the call Austin was chosen commander in chief of the army, which lands between the Colorado atl.d Brazos rivers l'or his colony, was quickly organized; and under his direction were fought the and on the 1st day of January, 1822, landed his first settlers battles of Gonzales and Concepcion~the Lexington and Concord upon the banks of the Brazos and began the settlement and of Texas-and the opening blows of the struggle which ended development of Texas. · on the glorious field of San Jacinto. Soon others, inspired by his success, followed his example, Soon a provisional government was organized and prepara­ and the solitude of the wilderness began to give slowly way tions ·for the struggle began to be made. Weak and isolated as before the sturdy energy of the hardy natives of the young Re­ they were, the colonists realized that in order to cope with their public lying to the north, who comprised the bulk of immigration powerful adversary they must receive assistance, and the Mace­ to Texas, and wh~re had been molded the principles of libertY donian cry went to the people of the young giant republican which sustained them in the dark hours of their later struggles~ Government to tbe north. Feeling that wise, tactful, and ener­ The hardships of pioneer life are ever marked and many, getic representation could secure for them the much-needed but when to the vicissitudes of nature there are added the assistance, aU eyes· in Texas were turned upon Austin to help troubles of an unstable and sometimes oppressive government them in their trying hour,. and he w~s asked to go. Without these hardships become much magnified and call for constant hesitation or protest; but in the full realization of his duty, watchfulness and care. · Austin laid down the commission of commander in chief and de­ :Mexico, which had but recently thrown off the Spanish yoke, 'partoo upon his mission, and by his representations and efforts was in a formative, even somewhat chaotic state, and changes resulted the financial aid and volunteer assistance that made of-administration were frequent. It thus happened that Aus­ San Jacinto possible. .tin, ever watchful of his colony's interest, was compelled, soon And now, Mr. Speaker, upon the arena of action appears 1905. CONGRESSIONAL -RECORD- HOUSE.

that other gigantic figure which illumines the pages of early Mr. Speaker, I have tried in a brief way to touch upon some Texas· history. · · ' of the reasons w by upon these two men fell the unanimous Sam Houston, who di"tides with Stephen Austin the honors we choice of the people of Texas when it came to select its repre­ would pay to-day to Texas heroes, was born in Rockbridge sentatives in Statuary Hall of the nation's C;tpitol. The allu­ Cotmty,- Va., in the year 1793, .on-a day made eve:~: menror..able sions must of necessity be brief and the descriptions meager_. by the Texas declaration of independence, the 2d day of March. The knightly figure of Austin presents itself at every turn of It thus happens that grand old Virginia, the mother of heroes the early pages of Texas history. His was the mind and energy and statesmen, gave to Texas and to the world the two men that molded and guided its early growth, and the impress of Texas holds most dear and the memories of whose achievement his mind and thought is found in the principles of its early will go down the ages. government, and the influence of his kindly spirit, his farseeing His father was a soldier of the Revolution and his mother grasp of the possibilities of the future are shown in the great was Elizabeth Paxton. Her husband dying, Mrs. Houston re­ and lasting institutions that have arisen in the country that moYed to Tennessee when Sam was 13 years of age. He was a be founded. He did not Jiye_to see the complete fulfilment of bold and headstrong boy, of an imperious will, and born to rule. all his hopes and aspirations, but he died in the full knowledge He joined the Army of the United States under 4Ddrew Jack­ that he had founded an empire whose glorious history and son, fought and was wounded at the battle of Horseshoe Bend, mighty achievement were to call forth tl!e plaudits and ~hal- ·· where, by his daring and gallantry upon the field, be won pro­ leuge the admiration of the world. He died in 1836, shortly motion and the lasting friendship of his great chief. after the establishment of the new goverment, full of glory, At the age of 30 be was in the Congress of the United States, and in the full confidence and love of his people. and in 1827 was elected governor_ of Tennessee. This office He died, and yet he lives in undiminishing glory. F.or him he soon resigned nnd went to live with a tribe of Indians, whose and in his honor is the capital named, and for hi.m and in his friendship be had gained wllen he was a boy, and in 1832 came honor is named the county in which the historic town of San to ~'exas and cast his lot with the colonists of that province, Felipe, his seat of government, is situated. His memory is where his wise counsel and military training soon brought him graved upon tablets of stone and in the hearts of his country­ into prominence. men. He lives and lives forever. When, therefore. the resignation of Austin necessitated the He will live upon the.lips of children, choice of another commander in chief, all eyes were turned to Live in manhood's deepest prime ; Houston, and be was unanimously chosen to serve. Accepting InF~cfel~~~hil~~; fe~st so;bll~~an, the position, he at once set about to organize his forces and get them in hand. Houston lived to reap the full, rich reward of his matchless Meanwhile events were fast transpiring in the history of the genius. Ever :Nil of that rugged manhood and tireless energy province. Santa .Ana had suddenly appeared before San An­ that enabled him to mold and shape his little army for its tonio, the principal town of the province, and after a brief siege lleroic struggle, wise and conservative in all things, he was the carried tile Alamo by storm and put its garrison-to the sword. one man to take up the work of Austin and carry it forward to Its glorious defense is without a parallel in history, and the the end. names of Crockett, Travis, Bonham, and Bowie, who there suf­ And Texas honored him with her confidence and her love. fered heroic martyrdom and placed their lives as a willing She made him the first President when she became a Republic, sacrifice upon their country's altar, are emblazoned in undying and she elected him again to the same position. She elected characters in the balls of the world's heroic dead. him as her governor when she joined the galaxy of States in Fannin bad fallen at Goliad, and his little band of patriots had our great Republic, and she sent him as her Senator in the been ruthlessly massacred, and the victorious army of the con­ nation's council, to watch and work for her welfare. Even queror was sweeping in three divisions toward the Sabine when, under the gathering clouds of civil war, the stern Roman~ boundary. Terror and consternation seized upon all. It took like principles of his nature caused him to take a stand at s1rategy and gP.neralship to meet the forces that were now variance with his people, he was allowed to retire to the shades being hurled against the devoted _patriots of Texas. Sam Hous­ of private life, his name. unsullied, and the memory of his heroic ton, stern, rugged. and brave, was the one man equal to the greatness remained a heritage to his country. Full of years occnsion. Feeling his little force to be too weak to meet the and honors, at his home in Huntsville he laid aside the cares of enemy, he retired, vigilant and grim, before it, ever watchful the world, and " soothed and sustained by an unfaitering trust, to turn and stt·ike when the opportunity presented. Santa Ana wrapped the drapery of his couch about him and lay down to marched to San Felipe; Houston diverged to the left and trav- pleasant dreams." · eled up the Brazos. · As in the case of Austin, so in the case of Houston Texas Santa Ana, with the main body of his army, crossed that bas sought to honor him in no uncertain way. The city of stt·eam and threw himself between Houston and the seat of Houston, named in his honor, is the metropolis of our· Lone Star goyernment, but Houston remained firm and the government State. The county of Houston is princely in its extent and moyed. He was molding his army into that resistless ma­ progressive in it'3 development. Sam Houston Normal Insti­ chine which later was to cover itself with fadeless glory on tute, for the education of the State's teachers, stands the peer the memorable field· of San Jacinto. The Alamo had fallen of any institution of its kind in the country. on the 6th of March, 1S36, and Fannin bad been massacred Thus has Texas sought to honor her heroic dead. And she a few days later, yet by the 21st of April Houston, by liis comes now to-day to offer another testimonial of her love and resistless energy and generalship, had so inspired his counh·y­ reverence in the form of the beautiful statues which are to­ men that there had rallied to him an army of 800 men whom day presented to the National ·Government. And it is with he had molded into a machine and inspired with a deathless pardonable pride that I say to-day, Mr. Speaker, that these zeal in the service of his counh·y. He had so maneuvered are not ordinary works of art. They are the artistic creatioru; that army as to lure his foe away from his support, and they of one in whose veins flows the proud: blood of a marshal of were at last face to face upon a battleground of Houston's France, and who could, if she would, show proofs of as proud ow-n choosing. · · a lineage as ever held itself before the pages of European his­ Let me quote you, Mr. Speaker, the languag. ~ of Hon. Guy tory. She is a citizen of our Lone Star State, and Texas is J\f. Bryan, a nephew of Stephen F. Austin, and himself a proud to own her. She has brought fame to herself and honor soldier of the republic, delivered before the Texas veterans, to her State, and these two creations will ever stand as death­ May, 1873, in description of this battle: less monuments to her artistic power. I need not tell you of that glorious onset and rout of the enemy. And now, 1\fr. Speaker, in the name of Texas we' deliver into Texans would have won that battle had the whole Mexican army been there, instead of the sixteen hupdred they killed, wounded, ·or your charge and into the nation's care the statues of our great captured. Under the thrilling cries of " Remember the Alamo ! " ;md honored dead-Austin, the father of his country, and " Remember Goliad ! " with the conviction of success, with the high­ Houston, the hero of San Jacinto. [Loud applause.] souled determination and enthusiastic energy inspired by the past, a full knowledge of the awful responsibility of the present, with the Mr. WALLACE. Mr. Speaker, we to-day formally accept cries ot fleeing wives and children sounding in their ears, with from the State of Texas the statues of Stephen F. Austin and bated breath and pallid cheeks they sprang forward to the charge Sam Houston, epoch makers in the history of the country. On to conquer or to die. . What Waterloo was to Napoleon was San Jacinto to Santa Ana. his departure from Tennessee, under the shadow of a great sor­ 'What Bannockburn was to Scotland was San Jacinto to Texas. row, Houston dwelled with the Indians for a season in Arkan­ On that glorious day all that Austin had planned and worked sas Territory. Moses Austin traversed the same with chain for was accomplished. Sam Houston had proven himself a and compass, Stephen, his son, following in his footsteps and matchless leader. At the close of that fated day a new era had sharing his hardships. Later he exercised the functions of opened for Texas and a new star had risen in the firmament judge. A town in my State, not so pretentious as the capi­ of nations. ~'he army of Santa Ana had been routed, and tal of Texas, likewise bears the name of Austin. So Arkan­ Sam Houston had '~on. · sas may share with Virginia and Tennessee and Missouri 3444 CONGRESSIONAL RECORD-HOUSE. FEBRU.AR~ 25, and Texas} something of homage and kinship with these names­ admirabl~ . as it was unconquerable! But here I must take names not born to die. Of Houston it is said· he "was the refuge in the lines of the poet who said : most imposing in personal appearance in all Texas. His eagle Nature ne'er meant her secrets to be found, eye read men at a glance. His majestic personality enabled And man's a riddle which man can't expound. ~ him to control the excited masses at critical periods when no other man could. His penetrating vision grasped the whole With opportunity at hand, had he made law alone his profes­ of Texas--her resources and capabilities of the present and fu­ sion, he could have been Choate or Grundy. Had he made ora­ ture-a grasp that was only relaxed by death." And of Austin, tory alone his profession, he could have been Wise or Olay. " that he had more culture and possessed a more refined and Had he made war alone his business, he could have been Wash­ loftier spiritual image." ·wars and treaties and history I shall ington or Jackson. ·Had he made statecraft alone his business, leave largely to the historian and those inclined to thread the he could have been Adams or Madison. But whatever doubt narrative here. Upon the brow of Houston, with his stern vir­ may e:tist of hls ability to have equaled any of these one thinoo tues and diversifi.ed occupations, I shall attempt to wreathe the is certain, that in the multiplied stations of honor ~d endur~ laurel leaf. In private life he was gentle, chivalric, and ance he bore, in the successes and victories he won, not one of courtly. In Texas he wore buckskin breeches and a Mexican these men could ever have been Sam Houston. [Applause.] blanket, which tempted General Jackson to remark: "There is Well may history rest his fame at San Jacinto. There cul­ one man at least in Texas of whom God Almighty, and not the minated the struggle which divested Texas of a hostile foe de­ tailor, had the malting." [Laughter.] With personal courage tained Santa Anna as a hostage for peace and independ~nce that never failed him, with humanity that never sought innocent builded a republic and immortalized its builder. The mor~ blood, with honor unsullied by successes or reverses, he began remote but not less important sequence was the annexation of and ended his lffe a benefactor of his race. Texas to the American Union. The Stars and Stripes floated Houston was admitted to the bar on one-third the time pre­ over the halls of the Montezumas and the domain of our Repub­ scribed by his preceptor. Soon he came to practice at the Nash­ lic was augmented by concessions of territory stretching flway ville bar, which was conspicuous for talent and forensic power. t? ~e Rio Grande and Pacific; and Mexico, then a mockery of So many duties, civic and military, crowded into his life that he CIVIl government, was constructed into a modern republic wel­ abandoned his profession too early, perhaps, to be accredited a comed to the family of nations, and honored by the pow~rs of great lawyer, but not before he had achieved wide distinction the earth. A blue shaft, rising in broad stretches of magnificent and phenomenal success. Mastering the details of complicated environment at San Jacinto, and speaking through its granite cases, he was strong in their presentation to court and jury. silen.ce tJ:!.e people's love for their patriot son, may lose its majesty, His powers of analysis and penetration, supplemented by his and 1ts strength, but the name wrought deep in its polished shaft, rare gifts of speech, made him a " foeman worthy the steel of but deeper wrought in the hearts and consciences of men shall all comers "-the Achilles of some vanquished Hector in almost endure until God's hand shall rend the firmament and' God's every legal battle. He comprehended the science, acted out the voice shall rock the earth and in the tumult of dissolving nature great principles of the law. He depended on no " cork sinker " time's last revolution "breaks on eternity's wave." [Applause.] of the jury panel for success; despised mean advantage and petit Austin's idea, which prevailed for a time, was to establish jealousies among associates at the bar. His relations toward a local state government under the Mexican constitution of his professional brothers were open and manly. His bearing 1824. Houston's idea was to establish a republic or a state before the court and jury was dignified and courtly. He de­ absolutely independent and defiant of the Central Mexican scended not to :tow abuse, but was unsparing in his arraignment of government, with the ultimate object of annexation to the a false witness. Around him he invoked all the ghostly horrors United States. The Republic was established and modeled that broke the sleeping hours of the "false and perjured Clar­ after our form of government. Houston was the first Presi­ ence." Superb lawyer and brilliant ·advocate, in all.the service. dent. He found the young Republic pledged to the payment that made him perhaps the unchallenged promise of the Teunes­ of a debt of $3,000,000. His administration fixed its eyes see bar, it can not be said, he ever first on land robbers. Then a small impost duty was imposed, an ad valorem tax levied, and land scrip issued and put upon " Crooked the pregnant hinges of the knee, the market for sale. He kept peace with the enemies of the That thri!t might follow fawning." Republic, and started it well on the way to a high and noble Houston had no early military training, save that gained by destiny. He was succeeded by Mirabeau Lamar, whose first experience among the Indians and heroic discipline under Gen­ official declaration was that the "sword should mark the eral Jackson-his antetype and his model. When first enlisted boundaries of the Republic;" which at once incurred the his friends rebuked hiru. But it was no part of his nature to hostility of Mexicans and Indians alike. abandon the course upon which he had determined, and his At the close of his administration the public debt had in­ answer was: "You don't know me now, but you shall hear of c~·eased from three to eight millions, and Texas had a popula­ me." But his mother said: ":My son, take this musket; never tion of only 55,000. The popular will cried out for Houston disgrace it, for I would rather all my sons should fill one honor­ and he again became president. He at once inaugurated ad: able grave than turn a single back to the foe. My cabin door is ministrative reforms to correct existing abuses, and at the end open to brave men, but eternally shut against cowards." Words of his term in 1844 saw his Republic at peace with l\Iexico and worthy the Greek matron, as paraphrased by Montgomery: the Indian tribes and a " cash balance " in her treasury. As a statesman, there was nothing of the iconoclast in his nature. Then said the mother to her son, On the contrary, he was of the type of creative, constructive And pointed to his shield, publicists. If Austin laid the corner stone, Houston erected the " Come with it, when the battle's done, Or on it, from the field.'· superstructure and fashioned into splendid proportions this magnificent structure of a Republic and a State. He laid his [Applause.] _ impress there, and Texas will go down the years as the superb Oh, a mother's courage, a mother's love ! They stumble not embodiment of his martial spirit, the composite ideal of his where man falls; falter not where man fails, and over the stn.tesmanship; and the fairest gem of his handiwork. [Ap­ wreck of his ea:rt.bly ambitions and the night of his earthly plause.] woes, shine as a beacon of destiny, a star of inspiration and Efforts on the part of Houston and others to annex Texas to hope. Who shall doubt that the memory of that voice haunted the United States were thrice denied by this country. As a him from the moment he was stricken with wounds almost mor­ diplomat, Hous~on paid court to France and England, and other­ tal at Tohopeka until, at San Jacinto, immortality crowned wise exerted h1s subtle and powerful intluence to stimulate the him her own? One said of him that he always slept with one jealousy of this country against any European nation that de- eye open. He said that, while the policy of warfare with his igned a foothold in the Western Hemisphere. Soon James K. associates-F ani.n, Bowie, and Crockett-was to divide, ad­ Polk and the Democratic party espoused the cause of annexa­ vance, and conquer, his own was to concentrate, retreat, and tion and . triumphed at the polls. Strange enough, when the conquer. final steps were taken in 1845 to annex 'rexas, Houston seemed He was not unlike the later Jackson. Mysterious, incompre­ to oppose or take no part in it ll'or this he was abused and de­ hensible to his foes, he won advantage at a move, victory at a nounced by his friends. In response to the matter of paying blow. Sword and prayer were bis weapons, and he mingled court to France and England, afterwards in a speech he illus­ them with the lurid lightnings that played upon the battle trated his position as follows: "Suppose," said he, "a charming cloud and thundered in the storm of war. Those who may lady has two suitors. One of them, she is inclined to believe, have followed closely his career-first living in peace with would make the better husband, but is a little slow to make then battling against and again dwelling in exile with the interesting propositions. Don't you think, if she were a skillful red m:m-must look with wonder on this strange, unfathom­ practitioner at Cupid's court, she would pretend thn.t she loved able character-romantic as it was daring, weird as it was bold, the other • feller' the best and be sure that her favorite would 1905. CONGRESSIONAL RECO~RD-HOUSE.

know it1 If ladies are- justified' in maltlng use of coquetry in Mr. GILDESPIE. Mi. Speaker~ by tlie act of Congress passed securing thclr annexation to good and agreeable husbands; you in 1864: eacfi State of the Union is invited to place in Statuary must excuse me for making use ~f the same' means to annex Han of this 0apitor the statues of two of her sons renownea in .Texas to the United States." [Laughter- and· applause.J Annex­ civil or military llf~ Texas lias accepted this inv-itation and ation was: the ambition, the passion of his life. His great heart presented to the nation the statues of Stephen F: Austin a:nd beat with unmistakable emotion when he looked upon the " lone Sam. HOuston. Austin, the revered father of· Texas-, and Hous­ star" of his Republic gleaming in the noble group that formed ton, her matchless defender and preserver. Texas is most for­ the coats of' arms of the States of this Union! But alas for tunate in her choice, and the nation may be congratulated· upon the mutability of human success. The blight of war came in it, for the lives of these· two men furnish foraible examples of 1861, and hearing the signal guns proclaim the withdrawal of those noble deeds and' high resolyes which slione scr· resplen­ Texas from the Union he exclaimed: " My heart is broken;" dently in tlie lives of the founders of this nation, and have ever and those who knew him best record that Houston was never been and ever will be· cherished as the most sacred memories himself again. [Applause.J of our peonle: They also furnish. the highest fiope and surest But, Mr. Speaker, Texns has·' men to-day, if. not still tarrying inspiration for the preservation of our liberties. Austin's life In the flesh, might pose in marble with the group of immortals embodies hope ; Houston's, courage. Hope and courage are in Statuary Hall. There is Reagan, at the head of a numerous the parent virtues of our race. Hope plants, courage defendS. list. [Applause.]' With her vast stretches. of prairie, bouya.ncy Both these men were born in Virginia the same year. Hous­ of life and luxuriant landscape, fields of grain and shrines of ton, March 2, 1793 ; Austin, November 3'. Houston's parents memories, one can but exclaim-great is '.rexas! But greater moved· to Virginia from :Pennsylvania; Austin's, from Connecti­ than Texas are her-men, and greater than the men are the noble cut and New Jersey. They. were both of the· stock we call women of Texas. [Applause.] At every point of struggle and Scotch-Irish. The hearts of their Old-World ancestors were set liour of trial the "Daughters of the Republic of Texas," though orr fire for religious freedom by the eloquence of John · Knox. called not by the- sterner name of hero, filled the measure of They migrated from Scotland to the north of Ireland, whence all that heroes were, all that heroes mean. [Applause.] Watch­ they largely peopled these shores and constitute our best citi­ ers in the night of war; toilers in the day of hope, dauntless sol­ zens. They have been found wherever privation was to be diers in the army o-t home, they prayed with words of fire, · endured, the forest to be felled, cities to be founded; States to loved with hearts of gold. At tidings good, tears of joy dauced be built, the savage to be driven back, liberty to be defended, in laughing eyes; at tidings ill, tears of sorrow like molten fire or God to be worshipped. streamed down pale and withered cheek. And what magic, .Mr. Speaker, in reviewing the early history of Texas froJ;D what miracles wrought by these tears upon fathers and sons in the time her life-giving sunshine· first enveloped the frail form the bloody charge, in the battle's storm. of Stephen F. Austin and her healthful -breezes first coolffi his As the astronomer takes the level of the sea to measure all patriot brow, on through his wonderful labor of. love and. sacri­ Important heights and depths, so must we take the plane upon fice, on yet through the time when the fai.r form of. Texas lib­ which men mo~e to measure the influence of their lives upon erty first attracted. the eye and engaged the· heart of Sam Houa­ humankind. A giant gloried in the strength of his own great ton and caused him. to throw his strong arms around her, on arm and was slain by the shepherd youth. Byron dazzled the until Texas took her· place in· the Union of our fathers. When world with his genius, overshadowed Walter Scott as poet, and we review these things we are. brought face to face with t~ put him to the task of giving the world among the richest of ever-watchful care of Almighty God, who numbers the very its types of romance. But who is· prepared to say mankind hairs of our head and without whose knowledge a sparrow·f.alls gained more in the birtli than· in the death of Byron? not to the ground. How he fitted the means to the end. To / Newton mounted to the stars and saw the· forces that bound accomplish] what Austin accomplished required the use of every all nature in harmony and system. In it · he saw the hand of virtue of head and heart; and Austin possessed them. He was the Creator and blessed mankind by his living. Sam Houston, modest and unassuming ; he: was candid', sincere, plain, and a decade before his death, listened to a discourse from the text: direct; he was painstaking, cautious, and watchful ; he was " Better is he that ruleth his spirit than he who taketh a city." patient and industrious; he possessed the· sublimest moral It soon " fastened conviction " upon him, and he lived a Chris­ courage and the noblest spirit ot self:sacrifice; he was well tian; died not only as a philosopher, but almost like a god. [.Ap­ educated, · skillful and sagacious; his language and conduct plause.] were pure and chaste;. he was both a statesman and a patriot. .Mr. Speaker, I have seen part of.a summer's sky-overcast with Men delighted to intrust him with their lives, their property, cloud and the gentle showers fall and the raindrops· spar1rle as their fortunes. He ruled by love. His- colony- absorbed his very so many diamonds on tree and shrub and flower, and I believed being. But every human life has· its limitations, beyond which it beautiful. r have fancied myriad forms in the. strange phe­ it can not pass. So.- Austin had his. Although he possessed the nomena of the lieavens, and believed it grand. I have looked power of a military dictator over his people he never once ex­ on the mellow glow of sunset and believed it challenged the erted it. He established courts; even-handed-justice was meted utmost stretch of my fancy for· the beautiful ; but the most out to all. charming picture, perhaps, that may challenge the imagination The civil administration o! his colony is one of the proudest is a shaft of liglit spanning· from the effigies of earth to heaven, monuments- to his genius and patriotism. But other colonies and human souls, loosed from their morta1 environment, ascend­ were establi,qfied in Texas and other settlements made after ing that shaft to the God who gave them. Austin had founded his-notably De Witt's colony, whose cap­ Let this be the vision we have of the great souls, now, per­ ital was Gonzales, and the· settlement of Victoria, southwest of haps, not less the idols of their eternal than erstwhile of their Austin's colony, and those of Nacogdoches and San Augustine, earthly homes. Let it be they abide in peace by the fountain in east Texas. New settlers were constantly arriving. Many 'ot living waters, and where· the skieS" bend softest and the of them were young, bold, ambitions spirits; many alsa were flowers bloom eternal. Noble and cultured Austin! ·Great and reckless and lawfess. At the beginning of' the revolution in pi.cturesque Houston! By the work of this day we but recall Texas, in 1835~ when the purpose of Santa Ana to disarm the the magic of thy genius, but review the pioneer pageant of Texans and hold the province. in absolute subjection to his will, thy march from cradle to grave. It has not been left for us or to drive out the American settlers with fire an~ sword, was to add one cubit to statures, like gods descended, stood in the made manifest, it became necessary for all the people of Texas councils, moved the hearts, and molded the judgments of men. to act together. The situation demanded. a leader. Why not It has not been left for us to immortalize thy names, for- beyond· Austin? our feeble reach they are g1·a.ved on the tablets and shrined in The newcomers knew not Austin. He ha.d' no· military experi­ the. hearts of nations. It has not been left for us. to wreathe ence ; his presence was not commanding-; the gift of eloquence thy brows with. lintels that defy the touch of time, for the world was not his.; his modesty and retiring manners were interpreted has crowned. them with laurels that shall en

3446 CONGR·ESSIONAL RECORD-HOUSE. _ FEBRUARY 25;

his sudden rise to the goyernorship o:t Tennessee; the separa­ upon more willing ears. At the close of his life be said of these tion from his wife; the consequent convulsions produced in early heroes in a public address to the people of Texas : Tennessee ; the sudden dashing from his lips the cup of fortune I stand the last almost of a race who learned from their lips the and quitting the State of 'l'ennessee as a citizen forever, taking lessons of human freedom. up his life again among the Indians ; his visit to Washington This, too, was a school in which be was taught. He possessed in their behalf ; his famous trial by Congress for assaulting a a fine memory. That he had a strong mind and could go by Member in Washington; the triumphal issue of this trial-the leaps and bounds where the average mind must plod along is fame of these things preceded Houston to Texas, and when be abundantly shown by his writings, State papers, and speeches, stood among her people there was about him an irresistible no less than his quick step to the front as a lawyer when he fascination and· attraction for all men. There be stood, a took up that profession in Tennessee.

-prince among men, God's best endowed, and nature's nobleman. Houston must be torn loose from Tennessee. We therefore I Yes, be .stood there clad in buckskin with an Indian blanket have the separation from his wife, the consequent turning thrown across his shoulder, a dress suited to. his day and work. aloose the tongue of slander all over the State. This brought As of Austin so of Houston it can be said that none but envy and jealousy to the front. All Tennessee was stirred. Houston could have accomplished Houston's work. Every Houston and anti-Houston parties were formed, until a situation accident of Houston's history was preparatory to his great work was produced which, if persisted in, appeared to Houston would in '.rexas. For the little band of patriots to successfully cope put him in the attitude of warring against a woman. His with 1\lexico the Indians must be kept down. Houston, before chivalrous soul shrank from this, and be suddenly resigned the he began his famous campaign ending with San Jacinto, made a office of governor and sought refuge from this great secret sorrow treaty with the Indians which they faithfuiJy kept. Houston's around the council fires of the old Indian chief who had been knowledge of the Indian character was mos_t profound; he was the friend of his boyhood. And here, too, Houston must have their sincere friend. It is said that the Indians never broke a the opportunity to convince the India~s that not only could he treaty they made with Houston. His greatest efforts in the enter into their lives with them as a boy, but that as a man he United States Senate were in behalf of the Indians. He be­ could undertake great things for them at Washington and even lieved the Indian capable of high development if properly suffer persecution for their sake, which he did. treated. He mourned till the last over the Indian's fate. This Before Houston left Washington the last time, before going is a description of an eyewitness to a meeting in Washington to Texas, President Jackson offered him different honorable between IIouston and a party of Indians while Houston was positions, but owing · to the charges against him in Tennessee Senator: and also the accusations made against him by the friends of During the latter part of June, 1846, General Morehead arrived at the dishonest Indian agents whom he had caused to be expeiied Washington with a party of wild Indians from Texas, belonging to from the service, he thought that his acceptance of a position more than a dozen tribes. 1 We saw their meeting with General Hous­ ton. One and all ran to him and clasped him in their brawny arms under the President might embarrass the latter, so he refused. and hug?ed him like bears to their naked breasts and called him Therefore, when he left Washington this time it was again to go "father.' Beneath the copper skin and thick paint the blood rushed ·and their faces changed ; the lip of many a warrior trembled, although into voluntary exile so far as the white man was concerned. the Indian may not weep. 'i'hese wild men knew him and revered But he had agreed with the President to go on a secret mission him as one who was too directly descended· from the Great Spirit to to the Comanche Indians at San Antonio, Tex. Also he had in be approached with familiarity, and yet they loved him so well they mind the selection of a cattle ranch. So his first trip into could not help it. These were the men " he had been too subtle for on the warpath, too powerful in battle, too magnanimous in victory, Texas in December, 1832, was for this purpose. He passed too wise in council, and too true in faith.'' ':Fhey had flung away through Nacogdoches, Tex., on his way to San Antonio, had their arms in Texas, and with the Comanche chief who headed their file they had come to Washington to see their "father." I said these his meeting with the Indians at the latter place, and passed iron warriors shed no tears when they met their old friend, but white again on his way back through Nacogdoches. When he ·reached men who stood by will tel1 what they did. We were there, and have this place he was given such a warm welcome by the inhabitants ~ witnessed few scenes in which mingled more of what is called the " moral sublime." In the gigantic form of Houston, on whose ample and so besought by them to become one of their· number, that brow the beneficent love of a f.ather was struggling with the sternness be consented. It was also explained to him that delegates were ot the patriotic warrior, we saw civilization awing the savage at his to be elected right away to a constitutional convention at San teet. We needed no interpreter to tell us that this impressive su­ Felipe de Austin, April 1, 1833, and requested him to permit premacy was gained in the forest. his name to be used as a candidate for delegate. He consented Houston, in the United States Senate, .thus poured out the to this. This circumstance doubtless aroused the slumbering lamentation of his soul over the Indian's fate: ambition of his soul. Who could more clearly than Houston As a race they have withered from the land. Their arrows are broken see the possibilities that Jay before him in the event he cast his and their springs are dried up ; their cabins are in the dust. Their council fire has long since gone out on the shore, and their war cry is fortunes with these pioneer patriots? They saw in him their fast dying out to the untrodden West. Slowly and sadly they climb the leader; he saw in them his opportunity, and Houston was him­ mountains and read their doom in the setting sun. They are shrinking self again. He went on to Natchitoches, La., to give the United before the mighty tide which is pressing them away; they must soon hear the roar of the last wave, which will settle over them forever. States Government the result of his confereuce with the In­ Ages hence the inquisitive white man,. as he stands by some growing dians and returned to Nacogdoches to find that he had been city, will pondE.'r on the structure of their disturbed remains and won­ unanimously elected a delegate to the convention at San Felipe der to what manner of person they belonged. They will live only in the songs and chronicles of their exterminators. Let these be faithful de Austin. Houston attended this convention, and there, so far to their rude virtues as men, and pay due tribute to thelr unhappy fate as history tells us, .lllet for the first time Stephen F. Austin. as a people. And this convention was the first deliberatiye assembly com­ Preparatory to Houston's power over the Indians we have his posed of men of the Anglo-Saxon race that ever met withiu life among them. For his power over men we may trace the the dominion of :Mexico and the first s~ep in that great movement cause beyond his fame, his eloquence, · and his personality. that never stopped until it reached the Pacific Ocean. Here is what is said of his father: '.rhis convention adopted a constitution for Texas as a sepa­ His father was a man of moderate fortune; indeed, he seems to have rate State of Mexico, and also a memorial to the central govern­ possessed the means only of a comfortable subsistence. He was known ment praying that Texas might be admitted as a separate Mex­ only for one passion, and this was for military life. He had borne his part in the Revolution, and was successively the inspector of General ican State. Stephen F. Austin was appointed one of three com­ Bowyer's and General Moore's brigades. The latter post he held till his missioners to convey this constitution and memorial to the City death, which took place in 1807, while he was on a tour of inspection of Mexico and urge the admission of Texas into the Mexican among the Allegheny Mountains. He was a man of powerful frame, fine bearing, and indomitable courage. These qualities his son inher­ Union. Houston and Austin both had no other purpose at this ited, and they were the only legacy he had to leave him. time than the advancement of the interests of Texas as a l\Iex­ And this of his mother : ican State. Austin had always been true to the constitution of His mother was an extraordinary woman. She was distinguished by Mexico, which was adopted in 1824, and which provided for a . a full, rather tall, and matronly form, a fine carriage, and an impres­ republican form of government, and was modeled after that of sive, dignified countenance. She was gifted with intellectual and moral the United States. It is believed that Austin himself drew the qualities, which elevated her in a still more striking manner above most of her sex. Her life shone with purity and benevolence, and yet she draft of this constitution while be was in the City of Mexico, was nerved with a stern fortitude, which never gave · way in the midst 1822 to 1824, whither he had gone to protect the rights of his of the wild scenes that chequered the history of the frontier settler. colonists, and it is known that while there he drew the plan of Her beneficence was universal, and her name was called with gratitude hy the poor and suffering. Many years afterwards her son returned colonization provided for in that constitution and that his opin­ from his distant exile to weep by her bedside when she came to die. ions were sought and highly prized by the statesmen of Mexico. · Houston was educated in no school but the wilderness; he bad In all the shifting scenes of the government in Mexico from access to no books but Nature, Pope's Iliad, and the Bible. The 1824 to 1835 Austin only contended for the rights of Texas under hunger of his soul was his only teacher. Houston awoke to the constitution of 1824. While the military of the Texas prov­ consciousness in the days that were resounding with. the praise ince was against Santa Ana, the colonists, under Austin's lead, of the heroes of tbe Revolution, many of whom were still living, were with him, because Santa Ana pretended to be the friend from whose lips he heard their wonderful story, and it never fell of the constitution of 1824, and not until he clearly showed in 1905. OONGRESSIONAL RECORD-HOUSE. 3447

1833 and afterwards .that he intended to· overthrow this consti­ fort of Santa Ana-this conduct has won for Houston the praise tution and lm ve himself declared military dictator of Mexico of all true men~ It reveals what manner of man was beneath did Austin lose the hope of securing the rights of Texas under the buckskin. dress, and is an honor to hnmanity. the government of. Mexico and advise the Texans to declare for This victory lifted Houston into the arena of national poli­ independence. · tics, where he easily impressed himself upon the countl·y as a When Austin reached l\!exico with the constitution and me­ wise and sagacious statesman, also his broad Ame-rican spirit morial of 1833 he was received coldly and given to understand was revealed to the world. Houston was almost unanimously that the actions of the Texans were- offensive to Santa Ana, elected the first president of the republic, with so great a name who was then the government. He remained in Mexico long in Texas as that of Stephen F. Austin used in opposition to him. enough to become thoroughly convinced of the ren.l designs of However, Austin lllll.de no e1rorts in his own behalf. Houston ·santa Ana. When he did become so convinced he wrote a offered Austin the choice of two positions--secretary of state and letter back home advising 'l'ex:as of the true situation and prob­ minister to the United States. The latter was more preferable ably suggesting defensive measures-. Thi.g letter was inter­ to Austin, because the long confinement in the Mexican prison cepted by the Mexican authorities and declared to be treason­ and the strain of the revolution had undermined his constitu­ able. Austin was on his way home and had gotten as far as tion and his health had given way. He felt that he needed· Saltillo, where he was arrested and taken baek to Mexico and res-t. But the people, too often unmindful of the welfare of confined in a dark camp prison for several months. After a their benefactors, clamored for Austin t() take the position of while the rigor of his imprisonment was relieved, but he was . secretary. Austin knew more about their land titles and in­ still kept a prisoner. He was anxious for a tlial, but no court ternal affairs than any living man. Austin yielded to thei-r de­ would try him. Finally Santa Ana released him, and he re­ mands and offered himself a further sa.crifice for the people of turned to Texas in 1835. When the news of Austin's persecu­ Texas. The burden was too heavy for his frail frame, and he tion by Santa Ana reached Texas the people beCa.me vecy in­ died December 21, 1836, and President Houston issued the fol­ dignant and arose as one man for protection against the tyr­ lowing order : anny of Santa Ana, who also issued an idict demanding of WAR DEPARTME~T, COLUMBIA, December !7, 18SG. the Texans the surrender of their small arms. This, if carried , The father of Texas is no more. out, would leave them defenseless against the Indians, as well The first pioneer of the wilderness has departed. Gen. Stephen F. Austin, secretary of state, expired this day at half past 12 o'clock, at as many of them without the means of procuring subsistence, Columbia. · since they lived upon the meat of wild animals. The revolu­ As a testimony of respect to his high standing, undeviatin~ morn! tion was now on. Committees of safety were formed. A con­ rectitude, and as a mark of the nation's gratitude for his untinng zeal and invaluable services, all offi-cers, civil and military, are requested to sultation convention was called to meet at Washington about , wear crape on the right arm for the space of thirty days. All officers October 1, 1835. This convention met. About this time_ the commanding posts, garrisons, or detachments will, as soon a.s tnforma­ Mexican soldiers undertook to carry off a smal1 4-pound cannon tion is received of the melancholy event, cause thirty-three guns to be fired, with an interval of five minutes between each, and also have the from Gonzales, the capital of De Witt's colony. This cannon garrison and regimental colors hung with black during the space ot was used as protection against Indians. The citizens resisted mourning for the illustrious dead. · its removal. This was the first struggle of the revolution. By order of the president ; · The Texans triumphed. Austin ap-peared and was made com­ WILLIAM S. Frs:rum, Secretary of War. mander in chief of the army of Texas. Houston, in the mean­ Th1IS was gathe-red unto his fathers Stephen F. Austin, whose time, had been declared commander in chief of the army of memory shall be cherished by men as lQng as ·gratitude sh~ll Texas east of the Trinity. Houston made several eloquent dwell in their hearts, and they shall love truth, purity, honor, speeches at different assemblies urging deliberation on the part the noble, and the true. "He sowed and the seed fell upon of the Texans. Austin's troops had captured San Antonio and good ground, and the whole nation is now reaping the harvest Goliad. of his labors. The consultation convention met at Washington and changed Houston's history, from his election as president of the Re­ to San Felipe. From this place Austin invited them to his public of Texas until his death, is but the history of Texas as a camp near San Antonio. Houston and the majority of the con­ republic and a State. His first and controlling purpose was- to vention went. Austin offered to surrender his command to have Texas admitted into this Union. He at first assumed the Houston, who refused it. A council of war was held, and _it attitude of a suppliant When he saw that was a failure he was decided to leave it to the 800 men of the army whether a took an indifferent, independent, almost defiant, position. He provisional government should be established. The army de­ very adroitly let it be understood that England or F.rance was cided unanimously for a provisional government. The members anxious to form an alliance with Texas. He managed to place of the convention then went bacl\: to San Felipe, reorganized, before the people of the United States the great-advantage Texas and provided for a provisional government and elected Houston would be to either England or France. He even went so far · s commander in chief of the army of Texas, and Austin as a com­ to direct his minister at Washington to withdraw the applica­ missioner to the United States to secure aid for Texas. tion of Texas for admission· into· the Union arid give out the Events rapidly developed. The declaration of independence statement that the .next advance toward that end must come was adopted March 2, 1836. Santa Ana invaded Texas with from the United States. Houston had attracted to Texas the an army of 7,000 men. The Goliad and Alamo tragedies oc­ eyes of the ambitious statesmen of England and France by first cm>red.· . Houston's famous retreat, starting with an army of gaining their respect He did this in a very able appeal to the 374 men, pursued by Santa Ana with 5,000. On this retreat civilized powers of the world, asking them to intervene to stop Houston's army grew to 700. Santa Ana divided his army Mexico from pursuing her barbarous methods of warfare against bto three divisions, which became widely separated. Only one Texas in violation of all laws of civilized nations-that is, not division, led by Santa Ana himself, numbering about 1,500, by marching her armies into Texas and trying her fortunes in immediately followed Houston. honorable battle with those of the little republic, but by sending Learning this, Houston turned to meet his enemy. The two raiding bands across the Rio Grande, whose only object was to armies faced each other on the field of San .Jacinto the day be­ plunder and murder the peaceful inhabitants of Texas. This fore the battle. The next morning the sun arose without a address gave the history of Texas as only Houston could write it. cloud to break his beams. The Mexicans were entrenched be­ This plan of Houston's was successful. The first great ob­ hind a breastwork made up of camp equipage, saddles, and ject of his ambition after San Jacinto was accomplished. such scanty material as was convenient. The Texans had been Texas became a member of this Un1on and Houston and complaining at their long retreat. They were anxious for the Rusk were her first Senators. Both of Houston's adminish·a­ fray. It was difficult to restrain them the day before when tions of the affairs of the Republic were marked by conserv­ they first faced the Mexicans. They had everything to fight atism and the highest devotion to the best interests of the peo­ for-their homes, their country, their honor, their vengeance, ple of Texas. Wherever his policies were pursued, order and their liberty, their religion. They were drawn up in line of stability and prosperity resulted; when his advice was ignored, battle. Houston's eloquence stirred them. The order to charge dissentions arose, wild schemes were resorted to, and disorder was given. They rushed upon their enemy like demons. The prevailed. Houston's broad American spirit shone most first volley of the Mexicans missed them, and they rushed on resplendent when he took his position in the Senate of the over the enemy's breastwork. A slaughter, a rout began; United States. He· was an uncompromising friend of the within twenty minutes the field was won, won to the everlasting Federal Union. He was the everlasting foe to sectional jeal- , . renown of ttle Anglo-Saxon, won to human freedom, and to the . ousies, animosities, and dissensions. He was opposed to seces­ highest and best civilization the world ever saw. sion. He loved. the Union. He believed with all his soul that ' !Jieutenant Sylvester, volunteer from Ohio, captured Santa the peace, happiness, and prosperity of the American people, ~a. He was carried to Houston.· Houston's magnanimous not less than the hope of human freedom everywhere, de­ treatment .of his fallen foe; his sagacity in protecting him pended upon the preservation of this Union. History affords from the just wrath of the Texans, his extreme care for the com-- no better example of sublime moral courage than that Hous-

• 3448 CONGRESSIONAL·. RECORD-HOUSE. FEBRUARY 25,-

ton gave to the world in the closing days of his life. He loved climate of unsurpassed excellence. Rich and succulent grasses the South, he, loved Texas, but his judgment and his conscience sustained vast herds of wild horses ; the buffalo and deer marked out for him the path of duty. He thought secession were in countless numbers on every prairie ; the air of spring­ was wrong in principle, and, if admitted, meant the destruc­ time, then as now, was redolent with the perfume of flowers, tion of all government on this continent While in the Senate beautiful and abundant, and every tree and bush had its chorus he threw his whole force against the current of this movement, of singing birds. and afterwards, while a candidate for governor of Texas, and The land-hungry Americans could not be kept frolll such a while governor of Texas, he exerted all the powers of his soul, paradise. Comfort and independence beckoned them on. mind, and body, save a resort to force, to keep Texas in the Yet it remained for Moses Austin, a Missouri merchant, and Union. But the tide was too strong, even he could not stay his . immortal son, Stephen, to do peaceably in a few years it; but he would not go with it, and quitted the capital of his what organized filibusters had tried in vain to accomplish. State forever and retired to his modest home to die, July 25, '!'he difficulties in the way of the peaceable American colonists 1863, the uncompromising friend of the American Union. were many. 'l'he people and the Government of Mexico were Thus the child of the wilderness, the brave soldier of Tohopeka, Catholic in religion. The majority of the Americans, partic­ the governor of two States, the president of one republic, the ularly the class from which such colonists could be drawn, United States Senator, the hero of San Jacinto, was gathered were Protestants. Texas was a province of the Kingdom of unto his fathers. Two purer, nobler, braver spirits never Spain, while the American immigrants were Republicans after blessed the earth than Stephen F. Austin and Samuel Houston. the maner of Jefferson. In fact, every condition save the fer­ [Loud applause.] tility of the soil and the beauty of the climate was calculated Mr. SLAYDEN. Mr. Speaker, few countries have a more to. repel emigration, from the States of the American Union. picturesque and interesting history than Texas. It bas all the Gradually the French and Spanish titles in North America elements of an absorbing drama. High courage, devotion to had been relinquished to the irresistible Anglo-American. The duty, carnage of the battlefield, and the intellectual play of the transfer of Louisiana and of the Floridas were significant facts council chamber are a few of the chapters one may read in the of recent history which did not allay the jealous apprehension history of the State. Making due allowance for the partiality of the Mexican authorities. To this unpromising field the Aus­ of a devoted son of the great Commonwealth who bas enjoyed tins applied their energies and talents. her favor, I feel that I am well within the truth when I say that 'Vhile Sam Houston is easily the most picture que and emi­ her history, which is certainly unique, should command the ad­ nent figure we have, the profound student of Texas history will miration of all Americans. find no difficulty in reaching the conclusion that citizens of the Once a _province of Spain, she was coveted and claimed by State owe an equal debt of gratitude to the Austins-father France. Then a part of the first Mexican Republic, she suf­ and son. . . fered for a few years the vicissitudes of that country, to emerge · In speaking of these two really. great men Professor Garri­ in 1836 an independent nation. · Nine years later by a solemn son, of the university which their labors helped to create, says: treaty between the high contracting parties she became a State It Is only of late that the world, wlth the results before Its eyes, ha~ of the American Union. For four years she gave her allegiance begun to realize what they accomplished. If they themselves, upon to the Co;nfederacy of the South, but is now back in the Union, the threshold of their undertaking, could have looked forward to the where, in the fullness of time, she is destined to become the revolution of 1836, annexation, the Mexican war, the acquisitions made by the treaty ot Guadalupe Hidalgo, and the marvelous development of dominant partner of the Federal alliance. 'l'exas and California, they must have been staggered by the conse­ The introduction of Anglo-American civilization into Texas quences that were to flow from their enterprise. Yet this chain of began in a feeble way about the close of the eighteenth century. events has followed " as ni&:ht the day " the work planned and begun But the colonization of that day was desultory and unimportant. 'by Moses Austin and carriea out by his son Stephen. Now and then an individual or a few individuals, conscious Dr. Garrison, who has gone to the root of things in his study only of a selfish purpose but none the less instruments of civili­ of Texas history, declares the ~ork of the Au tins to have zation, as we understand the term, invaded the wilderness west been of " vast and manifest importance." He calls them the of .the Sabine. Occasionally organized bodies of men, in whom makers of Anglo-American Texas. it was hard to distinguish the quality of trader from that of Moses Austin, who for years had been a merchant iii Virginia filibuster, marched and fought their way to the West. and Missouri, traveled on horseback from what is now Washing­ The Spanish authorities were jealous and watchful, and when ton County, Mo., to San Antonio-a distance of about a thousand they could do so drove these invaders back to the Valley of the miles-in order to arrange with the authorities of Spain for tile Mississippi. introduction of a colony. The political nature of these expeditions to Texas i$ con­ Having overcome the objection .of the governor, his petition spicuously shown in that which set out from Natchez in 1819, for a contract to settle 300 families in Texas was indorsed and under the command of Col. James Long. His party, after many forwarded to the national capital for approval. There were the adventures and hardships, finally reached Nacogdoches, then usual delays in the Mexican capital, and Austin decided to re­ the most important place in Texas after San Antonio de ·Bexar, turn to his home in Missouri to await the arrival of the papers where they proclaimed the Republic of Texas. As Colonel from Mexico. In crossing Texas to Natchitoches he was robbed Long only had seventy-five men, and as be failed to enlist the and abandoned by his Indian guides and wandered about for support of the Republicans who were supposed to be in Texas, days, subsisting on roots and nuts until discovered and rescued or other help, the puny Republic did not survive its early infancy. by white trappers. He su:i'tered so from the hardships and ex­ It would be tedious, and for this occasion unprofitable, to posures of the journey that he died soon after reaching Mis­ trace the history of Texas through the bewildering maze of souri. But just before his death he learned that- his petition had revolution and counter revolution of the Mexico of that period. been granted. To his son, Stephen Fuller Austin, he bequeathed The meager resources of the Texans contrast strangely with the contract and its responsibilities. the mighty enterprises in which they engaged. Only the sacri­ No trust was ever put into safer hands. In him were for­ fices and sublime courage with which they supported their plans tunately combined the vigor of youth and the wisdom of age. saved them from the ridicule of historians. He immediately proceeded to San Antonio by way of Nacog­ In all the yast and fertile area of the province of Texas there doches, where he met the commissioners who had been sent by were then only about 4,000 people, including Indians. Scat­ the Spanish authorities to confer with his father. tered as they were, cohesive action, either for the defense of After the official formalities had been settled he proceeded to their property and lives or for political aggression, was almost the execution of the contract. In December, 1821, settlers were impossible. Yet the poverty of their numbers and circumstance brought in and pi aced on the land. did not prevent them from entertaining dreams of empire. The The lot of the American pioneer bas not always been a happy territory and the fruits of what was to become, a generation one. As disasters came to the settlers at Jamestown, so did later, the independent Republic of 'l'exas were battled for by they also come to those upon the Colorado. The wisest fore­ adventurers from everywhere during this period. thought and the most prudent administration could not avoid Lafitte, the pirate, who had been expelled from Barataria, some degree of disaster, and so·, in the next year or two, many near the mouth of the Mississippi, but who had taken time from of the less hardy emigrants returned to the United States. Sup­ his illicit trade to help repel the British at New Orleans; Mina, plies that had been shipped from New Orleans did not arrive, a Spanish soldier, who had reached some distinction during the seed were scarce, crops failed, and the savages were annoying. Peninsular war, and Lallemand and Rigault, from the armies of But 'iluring all these trying times Austin never wavered in his Napoleon, with a horde of American adventurers, were striking faith nor ceased.his exertions for the benefit of the settlement. . if not honorable figures of that time. . . It· was particularly unfortunate that. at this crisis in the Stretching from the Sabine to the Rio Grande and from the affairs of the colony he was compelled to go to the City of Mex­ Gulf to and beyond Red River on the north was a land as fair ico to have his grant confirmed and to receive instructions con­ and as rich as ever tempted the cupidity of man. It had a cerning its administration. He at once undertook the overland

• 1905. CONGRESSIONAL RECORD-HOUSE. 3449

trip of 1,200 miles, through a country infested by robbers, where Austin, who was a lawyer and an ex-judge, trained to the ob­ Inw was only occasionally administered and order rarely known. servance of all laws, as. well as a man of supersensitive con­ The historian suggests a picture of northern Mexico of that science, was the most conservative :figure in Texas at that time. day when he says that by "good fortune Austin got safely He admitted his obligations to the Mexican Government and through." He was detained in the Mexican capital for nearly tried to live up to the contract. It was his influence that de­ a year. It was during that year and under the most trying layed the open revolt. circumstances that the mettle of the man was shown. Po­ By 1835 the demand for separation was so general and the litical conditions i'n Mexico at that time were possibly without reasons for it so abundant that evan Austin gave way before parallel in any other part of the world. The concession to the resistless tide. Indignities from Santa Ana, who had suc­ Moses Austin had been made by the Kingdom of Spain. When ceeded to the presidency of Mexico, added to the wrath of the Stephen F. Austin reached the capital of Mexico he dealt with Texans. Men like Henry Smith and William B. Travis, who the republic which followed the expulsion of the Spaniards. were leaders of the war party, were urging a declaration of 'I'hen came the empire of Iturbide, which endured for a few independence. Austin, who some time before had gone to months only. It was- succeeded by another so-called republic Mexico to try to ameloriate the condition of his colony, and who that was born in a revolution headed by Antonio Lopez de had been imprisoned for some months while in Mexico, returned Santa Ana, whose subsequent connection with the history of during the summer of 1835 to :find his and other colonies in a Texas did not increase his -reputation. state of almost open revolt He was made chairman of the During this epoch of turbulent and rapidly changing gov­ committee of safety in the fall of 1835, and on the 19th of Sep­ ernments Austin never lost sight of the purpose of his visit to tember of that year issued an address to the people of Texas Mexico. He always kept in mind his duty to the colonists advising them that war was inevitable and urging the imme­ whom he had brought to Texas. When his contract was an­ diate organization of military companies. - nulled by one government, he secured its renewal by ·another. That the enterprise in which they were about to engage was He was diligent, and above all he was diplomatic. . Each ad­ desperate could not be denied:. An orator of the day, in dis­ ministration in its turn yielded its respect and confidence to cussing the situation, said: the quiet, persistent American. Like St. Paul, he was all And is the population of Texas sufficient? We presume lt may be things to all men. When the opportunity offered he advanced said with tolerable accuracy that we are 50,000 people, counting In­ dians. Ten hundred thousand make one million, and the smallest his enterprise. nation that sustains its relations with the powers of Christendom When circumstances demanded delay he was patient. He de­ numbers, I believe, one and one-half million souls. voted his leisure to the study of the Spanish language and· be­ Texas, then, contains less than one-twentieth of the population of the most insignificant among the nations of the earth. The population o:f came expert in its use. He made himself acquainted with the Mexico is over 7,000,000. The disparity, therefore, is 140 to 1. We are laws of Spain and of Mexico, and so much did he impress him­ proud to claim for the citizens of Texas much gallantry and much self upon the leading men of Mexico that he is said to have been greater aptitude for war than can be accredited to their antagonists; but 140 to 1 is fearful odds. an important factor in writing the constitution of 1824, a viola­ '!'he towering form o:f Thermopylre, which stands preeminent among tion of which by the Federal Government is given as the techni­ the monuments of ancient glory, was achieved against mighty odds, but cal cause of the revolution of 1836. not such odds as this. When ·Austin returned to Texas from Mexico he was author­ But the counsels of the prudent were not regarded. The revo­ ized by the Federal Government to exercise administrative, mil­ lution was on, and the :first blood was shed at Gonzales, on the itary, and judicial functions.· In fact, he was made dictator for 2d of October, 1835. Thereafter events marched rapidly. the colony. He was that rare person, a benevolent dictator in Gonzales was followed by the :fi.glrt at the mission Concepcion, whom, some have contended, the ideal government is to be found. near San Antonio, which later was the scene of the most re­ But under this governor, who had been clothed with such ex­ markable battle in the world's history. traordinary powers,- free speech, popular elections, and demo­ From Gonzales and Concepcion to San Jacinto was, by the cratic government were the practice. calendar, only about six months, but the period of gestation Such independence of thought and freedom of. movement as was long enough for the birth of a nation. It covers the siege characterized the Texans were hardly guaranties of continued and massacre of the Alamo. It runs to the triumph of Hous­ loyalty to the revolutionary government in the remote capital ton's army over Santa Ana. It was long enough to show that of Mexico. The American colonists were hardly fit material Texans knew how to fight and die. It sufficed to prove their out of which to make loyal subjects of a Spanish monarch or wise generosity to a fallen foe, whose murdey of the immortals contented citizens in an unstable and badly administered re­ of the Alamo had placed him beyond the right of .any such con­ public. They were descendants of the. men who fired the :first sideration. shot at I.exington and of those whose bloody feet stained the It brought to the surface a large number of men of talent snows of Valley Forge and compelled the surrender of Cornwal­ To call the roll would be tedious, but out of the many I hope I lis at Yorktown: They were in training for the sacrifice of the may be pardoned for mentioning the names of Bowie, Crockett, Alamo and the success of San Jacinto. With such a setting, -Milam, Fannin, and Travis among those whose talents were ex­ with such actors, and under such conditions, a severance of the ercised only in a military way. The soldier-statesman class political ties which bound Texas to Maxico was only a question embraced, among others, Rusk, Burnet, Lamar, Sherman, Bur­ of time. · leson, and Zavalla. The obligations of the contract were not always respected After the battle of San Jacinto, Houston and his colleagues by the Government of Mexico, and, although Austin tried loy­ devoted themselves to the work of putting the new Republic on ally to discharge his duty and to induce the colonists to a full a solid foundation. · appreciation of theirs, friction increased between the people Ill-health denied to Austin the share in this work for which and the Federal authorities. Convention succeeded conven­ his talents and training gave him ·special :fitness. He died on tion, in all of which the Texans set out their grievances and the 29th of December, in the same year that witnessed the birth asked for relief. These petitions were either denied, ignored, of the new Republic. Just as much as any man who dies on the or grudgingly and partially granted. Always the impending field of battle Stephen F. Austin gave his life to the State he conflict was made more apparent and open revolt brought nearer had loved and for which he had fought and sacrificed. Hard­ and nearer. ships that can not be understood by people who do not know In December, 1832, the most romantic and conspicuous :figure the frontier and the fou1 air of the Mexican prisons had done of" all her history came to Texas. Saln Houston-for it is he of. their work. whom I now speak-came with the halo of romance and a great His place in history was justly given by :{>resident Sam Hous­ reputation as a statesman and soldier. He had been governor ton, whose ·proclamation of sorrow sai(,l: " The father of Texas of Tennessee for two years, a Member of Congress, and was a is no more. The :first pioneer of the wilderness has departed." soldier of experience. After resigning the governorship of the _ Slowly the work of the pioneer is coming to be appreciated. State of Tennessee in 1829 he sought his old friends, the Cher­ No longer is he regarded as merely a man who opens new terri­ okees, and was formally received into citizenship by that tribe. tory to commerce. He laid the foundations of government, and After remaining with them for more than three years he yielded on his labors much of t11e glory and prosperity of this great to the importunities of his friends in Texas and began the really country is based. Chiefest among the pioneers is Stephen great work of his life. His :first public appearance in Texas Fuller Austin. was in the convention at San Felipe in 1833. He had only b~n Of the brilliant career of Houston. you have just been told by in the State about three months, but men of his experience and the eloquent gentlemen who have preceded me. I very much ability were not so abundant that they could be overlooked. In hope that what they have said and what, in a feeble way, I those days of quick development the new citizen of to-day be­ have hinted at may induce a closer study of Texas history. came the old inhabitant of to-morrow. The Texans were divided If you want an illustration of courage and devotion to duty, into two parties, one clamoring for war, and the other pleading where can you find one to match the story of the Alamo? for peace. For days a mere handful of men-178, but all dauntless ne- 3450 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 25,

roes-withstood the assaults or· an enemy which numbered thou­ The SPEAKER pro tempore. The question is· on the adoption sands. They scorned all suggestions of capitulation, and in the of the resolutions. end all perished. The question was taken, and the resolutions were unani­ " Gr~ter love hath no man than this, that a man lay down mously adopted. his life for his friends." Mr. COOPER of Texas. A~r. Speaker, I move that the House If your faith in Democracy ever falters, read the story of do now adjourn. Texas and learn how a few scattered Americans in the face of The motion was agreed to; and accordingly (at 6 o'clock and great obstacles showed the true genius for government by bring­ 25 minutes p. m.) the House adjourned to meet to-morrow at ing order out of chaos, and through it all obeyed the popular 12 o'clock noon. will. • We present to the Federal Union images of two of our great Texans, and rejoice in the knowledge that they are fit for the EXECUTIVE COMMUNICATIONS. noble company they are to keep forevermore. [Loud applause.] Under clause 2 of Rule XXIV, the following executive com· Mr. COOPER of Texas. 1\Ir. Speaker, I ask unanimous con­ munications were taken from the Speaker's table and referred sent that my colleague, Mr. SHEPPARD, may print his remarks as follows: in the REcoRD. A letter from the Secretary of the Treasury, transmitting a The SPEAKER pro tempore. Without objection, it is so or­ statement of the documents received and distributed by his dered. Department during the year 1904-to the Committee on Print­ There was no objection. . ing, and ordered to be printed. 1\Ir. COOPER of Texas. Mr. Speaker, I have bad handed me A letter from the Secretary of War, recommending an appro­ a statement of the statues in Statuary Hall. As a public docu­ priation' for the public building at Jacksonville, Fla.-to the me:nt I -would like for it to be priuted ln the RECOBD, and I ask Committee on Appropriations; and ordered to be printed. w1animous consent that it may be printed. A letter from the Secretary of the Treasury, transmitting a The SPEAKER pro tempore. Without objection, it will be copy of a communication from the Secretary of War submitting so ordered. an estimate of deficiency appropriation for supplies for the There was no objection. Quartermaster's Department-to the Committee on Appropria· ~'he statement is as follows: tions, and ordered to be printed. .A. letter from the Secretary of the Treasury, transmitting, StatUes in Statuary Hall, United States Capitol, from July !, 1864, to Feb­ with a letter from the Attorney-General, a list of judgments ruary Z5, 1905. against the United States by circuit and district courts-to the [The number of States having only one is 5, marked thus •.] Committee on Appropriations, and ordered to be printed. A letter from the assistant clerk of the Court of CJaims, trans­ Statue. State. Congressional service. mitting a copy of the conclusions of fact and law in the French spoliation cases relating to the schooner Zilpha, Samuel Briard, Roger Sherman------Connecticut--- House of Representatives, 1791-1793. master-to the Committee on Claims, and ordered to be printed. Jonathan Trumbull .. _____ do----·---- Hous.e of Representatives, First, Sec­ ond, and Third; Senate, 1795-96. James Shields------illinois--·------Senate, 1849--1855, Illinois; 1858-59; Minnesota; 1879, Missouri. REPORTS OF COMMITTEES ON PUBLIC BILLS AND Frances E. Willard ______do------~-- No service in Congress. Oliver P. Morton _____ Indiana.*.••.... Senate, 1.867-1877. RESOLUTIONS. John J. Ingalls------Kansas*------­ Senate, 1873--1889. Under clause 2 of Rule XIII, bills and resolutions of the fol· John Winthrop ------Massachusetts. No service in Congress; gove1·nor. Samuel Adams------_____ do------Delegate to Continental Congress, lowing titles were severally reported from committees, delivered 1774-178L to the Clerk, and referred to the several Calendars therein John Hanson------Maryland ______Dn~y~~'k.OO Continental Congress, named, as follows : Charles CarrolL _____ .....do------Senate, First Congress; resigned 1792. Mr. PARKER, from the Committee on the Judiciary, to which William King.------Maine* ------Governor. • was referred the bill of the Senate (S. 5768) to provide for an Lewis Cass ______Michigan"'----- Senate, 1845--1848, IM9--185'T. Thomas H. Benton ... Missouri. ______House of Representatives, Thirty­ additional judge of the district court of the United States for third Congress; Senate, 1821-185L the district of New Jersey, reported the same without amend· Francis P. Blair------.•.•. do------House of Representatives, Thh'ty­ ment, accompanied by a report (No. 4857) ; which said bill fifth to Thirty-eighth; Senate, 1871- 1873. and report were referred to the Committee of the Whole House John Starke------New Hamp­ No se1·vice in Congress. on the state of the Union. shire. Daniel Webster------.....do------House of RApresentatives, Thir­ Mr. -LITTLEFIELD, from the Committee- on the Judiciary, teenth1 Fourteenth, Eighteenth, to which was referred the bill of the Senate (S. 2207) to fix and Nmeteenth; Senate, 1827, 1845-- the compensation of criers and bailiffs in the United States 1850. Richard Stockton---- New Jersey---­ courts, reported the same without amendment, accompanied Di~'~te Continental Congress, 177S-- by a report (No. 4859) ; which said bill and report were re­ PhiL Kearn;v ------..••. do------No service in Congress. ferred to the Committee of the Whole· House on the state of RobertR.Livingston. New York ____ _ Delegate to Continental Congress, 1775, 1177-1779 1781. . the Union. · · George Clinton ...... _____ do ______Delegate to Bontinental Congress; Mr. JENK!J.~S, from the Committee on the Judiciary, to whicli Vice-President, 1804:-1808. was referred the bill of the House ( IL R. 4100) to provide for James A.. Garfield .... Ohio ------House of R~ presentatives, Thirty­ eighth to Forty-sixth; Senate, 1881, the appointment of a district judge for the western judicial dis· and President, 1881, trict of South Carolina, and for other purposes: with amend­ William Allen------.•...do------House of Representatives, Twenty­ ments of the Senate thereto, reported the same, accompanied by third; Senate, 1831-18491 and gov­ ernor, 1874-1876. a report (No. 4860) ; which said bill, amendments, and report Robert Fulton______Pennsylvania.. No service in Congress. were referred to the Committee of the Whole House on the state John Peter G. Muhl- .•••.do------House of Representatives, First, enberg. Third, and Sixth, and Senator. of the Union. · Nathanael Greene .... Rhode Island __ No service in Congress. Roger Williams------.....do------Do. Sam Houston ______Texas------House of Representatives from Ten­ nessee, 1823; Senate, Texas, 184.6- REPORTS OF COMMITTEES ON -PRIVATE BILLS AND 1&'""9. RESOLUTIONS. Stephen F. Austin ..•...... do------No service in Congress. Jacob Collamer ----- Vermont______House of Representatives,. Twenty­ Under clause 2 of Rule XIII, eighth, Twenty-ninth, and Thir­ Mr. BRANDEGEE, from the Committee on Naval Affairs, to tieth; Senate, 1800-1865. Ethan Allen_----- ____ ..... do------No service in Congress. which was referred the bill of the Senate (S. 6846) to reinstate John E. Kenna . ------West Virginia_ House of Representatives, Fortv­ Kenneth McAlpine as a lieutenant in the Navy, reported the fifth, Forty-sixth, Forty-seventh, same without amendment, accompanied by a report (No. 4858) ; Forty-eighth; Senate, 1883-1893. Francis H. Pierpont...... do------No service in Congress; governor. which said bill and report were referred to the Private Calendar. P~re Marquette ------Wisconsin*---- No service in Congress.

The following are not represented in Statuary Hall: Alabama, Ar­ CHANGE OF REFEREJNCID. kansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Wash­ ington, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Under clause 2 of Rule XXII, the Committee on Invalid Pen· Nebraska, Nevada, \Vyoming, North Carolina, North Dakota, 0Te"'on, sions was discharged from the consideration of the bill (II. R. South Carolina, South Dakota, Tennessee, Utah, and Virginia. Total, 7357) granting a pension to Georgia A.. Whitehead, and the 26 States. The number of States having their quota is 14. same was referred to the Committee on Pensions. 1905. CONGRESSIONAL RECORD-HOUSE. 3451

PUBI... IC BILLS, RESOLUTIONS, AND ME~IORIALS. PRIVATE BILLS AND 'RESOLUTIONS. Under clause 3 of Rule XXII, bills, resolutions, and memorials Under clause 1 of Rule XXII, private bills and resolutions of of the following titles were introduced and severally referred the following titles were introduc~d and severally referred as as follows: follows: By :Mr. JAMES: A bill (IJ.. R. 19140) to authorize Trigg By Mr. BURLEIGH: A bill (H. R. 19142) granting an in­ County, Ky., to bridge the Cumberland River at or near Canton, crease ·of pension to George F. Bachelder-to the Committee on Trigg County, Ky.-to the Committee on Interstate and Foreign Invalid Pensions. Commerce. By Mr. SOUTHALL: A bill (H. R. 19143) to allow Simeon H. Wootten pay for property destroyed by the Federai Army By Mr. FINLEY: A bill (H. R. 19141) relating to the removal after the war-to the Committee on War Claims. of civil cases from the State courts to the United States courts­ to the Committee on the Judiciary. By Mr. McNARY: A bill (H. R. 19144) to amend an act en­ PETITIONS, ETC. ti tied "An act to provide. revenue for the Government and to Under clause 1 of Rule XXII, the following petitions and encourage the industries of the United States," approved July papers were laid on the Clerk's desk and referred as follows : 24, 1897, as to import duties on hides, harness, leather, boots, By the SPEAKER: Resolution of the legislature of New and shoes-to the Committee on Ways and Means. Mexico, protesting against the establishment of a leper colony Also, a bill (H. R. 19145) to amend the customs drawback within the limits of said .Territory-to the Committee on the law-to the Committee on Ways and Means. Territories. · Also, a bill (H. R. 19146) to amend the customs drawback Also, petition of the Kansas State Temperance Union, favor­ law-to the Committee on Ways and Means. ing bill H. R. 4072--to the Committee on the Judiciary. Also, a bill (H. R. 19147) to amend the customs drawback Also, petition of the Barbers' _Union Business Association, of law-to the Committee on Ways and Means. Savannah, Ga., for a constitutional amendment for the preven­ Also, a bill (H. R. 19148) to amend the customs drawback tion of barber's itch and kindred diseases-to the Committee on law-to the Committee on Ways and Means. the Judiciary. Alse, a bill (H. R. 19149) to amend- the customs drawback Also, petition of citizens of Wayne, Clinton County, Pa., fa­ law-to the Committee on Ways and Means. voring equitable railway rates-to the Committee on Interstate By Mr. BABCOCK: A resolution (H. Res. 533) relating to the and Foreign Commerce. resolution adopted by the House February 2, 1905-to the Com­ Also, concurrent resolution of the Kansas legislature, favor­ mittee on Accounts. ing power of Interstate Commerce Commission to fix railway By Mr. W.l\1. ALDEN SMITH: A resolution (H. Res. 535) di­ rates-to the Committee on Interstate and Foreign Commerce. recting the Clerk of the House to pay a certain sum of money to By 1\Ir. BEIDLER: Petition of citizens of Cuyahoga, Ohio, Charles Douglas-to the Committee on Accounts. favoring railway:.rate legislation-to the Committee on Inter­ By Mr. BOWERSOCK: A memorial from the legislative as­ state and Foreign Commerce. sembly of the State of Kansas, asking amendment of the inter­ By 1\Ir. BROWN of Wisconsin: Petition of citizens of Wood state-commerce law-to the Committee on Interstate and Foreign County, against religious legislation for the District of Colum- Commerce. bia-to the Committee on the District of Columbia. · Also, memorial from the legislative assembly of the State of By Mr. CRUMPACKER: Petition of Lafayette (Ind.) Sub­ Kansas, asking that United States Senators be elected by di­ division, No. 7, Brotherhood of Locomotive Engineers, against rect vote of the people-to the Committee on Election of Presi­ employment of engineers without three . years' experience as dent, Vice-President and Representatives in Congress. firemen-to the Committee on Interstate and Foreign Com- By Mr. MURDOCK : Memorial from the senate and bouse of merce. the legislature of the State of Kansas, favoring the use of part of Also, petition of Lake Michigan Subdivision, No. 30, Brother­ the reclamation fund in developing the underflow of the Arkan­ hood of Locomotive Engmeers, against employment of en­ sas Valley in Kansas-to the Committee on Irrigation of Arid gineers without three years' experience as firemen-to the Lands. Committee on Interstate and Foreign Commerce. Also, memorial of the senate and house of the legislature of By Mr. DARRAGH: Petition of Walter White and 19·others, Kansas, favoring Senate bill 1640 and requesting its passage­ against repeal of the Grout bill-to the Committee on Agricul­ to the Committee on Claims. ture. Also,- memorial of the legislative assembly of the State of Also, petition of F. Lamere ux and 19 others, favoring par­ Kansas, favoring immediate steps for procuring an amendment to cels-post and currency law-to the Committee on the Post­ the Constitution of the United States providing for the election Office and Post-Roads. of United States · Senators by the people-to the Committee on By Mr. DEEMER: Petition of citizens of Potter, Pa., favor­ Election . of President, Vice-President, and Representatives in ing equitable railway rates-to the Committee on Interstate Congress. and Foreign Commerce. Also, memorial from the legislative assembly of the State of Also, petition of citizens of Roulette, Pa., favoring equitable Kansas, indorsing the recommendations of President Roosevelt freight rates-to the Committee on Interstate and Foreign as to proposed methods of legislative dealing with corporations Commerce. engaged in interstate commerce-to the Committee on Interstate By Mr. DRAPER: Petition of citizens of Washington County, and Foreign Commerce. N. Y., favoring railway-rate legislation-to the Committee on Also, memorial from the legislative assembly of the State of Interstate and Foreign Commerce. Kansas, in favor of the immediate passage of a bill empowering By 1\Ir. DWIGHT: Petition of William W. Garrett et al., the Interstate Commerce Commission ·to determine and order favoring equitable railway rates-to the Committee on In­ just and equitable rates for the transportation of persons and terstate and Foreign Commerce. property-to the Committee on Interstate and Foreign Com­ Also, petition of Gardner R. Colby Subdivision, No. 311, merce. Brotherhood of Locomotive Engineers, against employment of engineers without three · years' experience as firemen-to the By Mr. CAMPBELL: Memorial from the legislative assembly Committee on Interstate and Foreign Commerce. of tb_e State of Kansas, asking that United States Senators be By Mr. GILLETT of Massachusetts: Petition of Springfield elected by direct vote of the people-to the Committee on Elec­ . Subdivision, No. 63, Brotherhood of Locomotive Engineers, tion of President, Vice-President, and Representatives in against employment of engineers without three years' experi­ Congress. ence as firemen-to the Committee on Interstate and Foreign Also, memorial from the legislative assembly of the State of Commerce. Kansas, asking that greater powers be granted the Interstate By Mr. GROSVENOR: Petition of citizens of Perry County, Commerce Commission-to the Committee on Interstate and Ohio, favoring a parcels post-to the Committee on the Post­ Foreign Commerce. Office and Post-Roads. By Mr. REEDER: Memorial from the legislative assembly of By Mr. HULL: Petition of citizens of Sandville, Iowa, against the State of Kansas, asking that the United States Senators be religious legislation for the District of Columbia-to the Com­ elected by direct vote of the people-to the Committee on Elec­ mittee on the District of Columbia. tion of President, Vice-President, and Representatives in Con­ By 1\fr. KYLE: Petition of citizens of Springfield, Ohio, gress. against religious legislation for the District of Columbia-to the Also, memorial from the legislative assembly of the State of Committee on the District of Columbia. Kansas, asking that greater powers be conferred on the Inter­ By Mr. LACEY: Affidavits of J. 0. Pool and W. C. Thompson, state Commerce Commission-to the Committee on Interstate relative to the Choctaw and Chickasaw Indians-to the Com­ and Foreign Commerce. mittee on Indian Affairs. 3452 CONGRESSIONAL REOORD-HOUSE. FEBRUARY 26·,

By 1\Ir. CHARLES B. LANDIS : Petitions' of citizens of So send, we-beseech Thee, our heavenly Father, these angels Goshen, Frankfort, Grant County, Buffalo, Franklin, Elkhart, to comfort the hearts of the colleagues, friends, and families of 'Anderson; Clinton County; Jamestown, ·Wolflake, and Henry those for whom we have gathered here to-day in loving remem­ County, Ind., against religious legislation for the District of brance, and Thine be the praise forever, through Jesus Christ, Columbia-to the Committee on tbe District of Columbia. our Lord. Amen. . By ?tlr. LAWRENCE: Petition of citizens ol Hampden and The Journal· of yesterday's proceedings was read and ap­ Hampshire counties, Mass., favoring· equitable freight rates-to proved. the Committee o:n Interstate and Foreign Commerce. . THE LATE HON. WILLIAM F. MAHONEY. · By Mr. LUCKING: Petitions of Alden, Montcalm County, Mr. MANN. Mr. Speaker, I offer the resolutions which I Fairgrove, Alma, and Leetsville, Mich., ·against religious legisla­ send to the Clerk's desk. tion for the District of Columbia-to the Committee on the Dis- The SPEAKER pro tempore. The gentleman from Illinois trict of Columbia. . offers the resolutions which the Clerk will report. .... By 1\fr. MARTIN: Petition of citizens within the Black Hills The Clerk read as follows : Forest Reservation in South Dakota, relative to the sale of ResoZvedJ That in pursuance of the special order heretofore adopted lands within the Black Hills Forest Reservation-to the Com­ the House proceed to pay tribute to 'the memory o! Ron. WILLIAM F. mittee on the Public Lands. MAHON'EY, late a Member of this House from the State of Illinois. Resolved, That as a particular mark of respect to the memory of the By Mr. McCALL: Petition of the Massachusetts State Grange, deceased, and in recognition of his eminent abilities as a faithful and in favor of free importation of basic slag and the passage of the distinguished public servant, the House, at the conclusion of the memo­ Grout oleomargarine bill unamended-to the Committee on rial proceedings of this day, shall stand adjourned. Resolved, That the Clerk communicate these resolutions to the Senate. Ways and Means. Resolved, That the Clerk be, and is hereby, Instructed to send a copy Also, petitions of residents of Beaklan.d, Conway, and Brock­ of these resolutions to the family of the deceased. ton, 1\fass., protesting against passage of bill H. R. 4859-to the Committee on the ·District of Columbia. 1\Ir. MANN. 1\lr. Speaker, WILLIAM FRA...."'l"K MAHONEY was · By Mr. 1\fcl\IORRAN: ·Petition of citizens of Sanilac, Mich., born February 22, 1856. He died at his home in Chicago on De­ favoring equitable freight rates-to the Committee on Interstate cember 27, 1904. He was born in ~hicago, he lived in Chicago and Foreign Commerce. · all of his life, and he· died in Chicago. He was born in tbe dis­ Also, petition of Buel Center Grange, against repeal of the trict which he represented in Congress, a condition which has Grout law-to the Committee on Agriculture. seldom, if ever, been paralleled in Chicago. He was educated Also, petition of citizens of St. Clair, Mich., favoring equitable in the public schools, ·and at the age of 20 entered upon a suc­ railway rates-to the Committee on Interstate and Foreign cessful business career which made him one of the prominent Commerce. merchants of his city. · · By 1\fr. ?tiURDOCK: Petition of citizens of Barber County, The parliamentary contest in Ireland excited his active atten­ Kans., against religious legislation for the District of Colum­ tion in his early life, and he became a considerable contributor bia-to the Committee on the. District of Columbia. to the Irish-parliamentary funds, as well as prominentiy iden­ By :Mr. ROBINSON of Indiana: Petition of G. H. Walberry, tified with various Irish-American societies. of Hamilton, Ind., and 65 others, favoring railway-rate legisla­ I first met l\!r. MAHONEY when I was elected a member of tion-to the Committee on Interstate and Foreign Commerce. the Chicago city council, in April, 1892. He was then a member of Also, petition of the secretary of Grange No. 2143, of Whitley that body. He was elected to the city council six times, each County, Ind., favoring railway-rate legislation-to the Com­ term being for t\yo years, and each reelection increased his mittee on Interstate and Foreign Commerce. majority. By 1\Ir. SCO'l'T: Petition of tobacco traders and labor unions, I came to know him well in the city council and to have re­ against decrease of the tariff on Philippine cigars and tobacco­ spect for his manly figure, his courteous ways, and his mild to the Committee on Ways and Means. but determined manner. He was a Democrat. I was a Repub­ By Mr. Wl\I. ALDEN SMITH : Petition of citizens of Gay­ lican. We were of opposite political faiths, and our views as lord, Kinderhook, Lake County, Frankfort, Onaway, Livingston, to the terms upon which public franchises ought to be granted and Marine City, Mich., against religious legislation for the by the council did not agree. District of Columbia-to the Committee on the District of We were usually on opposite sides of important questions, but Columbia. . I learned to respect and admire him. The city council of Chicago · By 1\Ir. SMITH of Pennsylvania: Petition of citizens of Jef­ then had sixty-eight members. It was the sole local legisla­ fei·son County, Pa., favoring parcels-post and postal currency tive body for a population of between one and two millions. law-to the Committee on the Post-Office and Post-Roads. The amount of business transacted by it was enormous and Also, petition of citizens of Jefferson County, Pa., favoring covered all the range of subjects possible to arise in a growing equitable freight rates by railways-to the Committee on In­ city or locality. It required the same devotion to duty, the terstate and Foreign Commerce. same attention to constituents, the same constant lo.oking out By l\1r. WRIGHT: Petition of citiz·ens of Athens, Bradford for the welfare of · his ward, in order to make a good County, Pa., favoring restriction of immigration-to the Com­ city alderman, that it does to make a good Member of mittee on Immigration and Naturalization. CongreSs. To be six times elected to the city council of Chicago is proof of the affectionate esteem in. which Mr. MAHONEY was held by the people of his ward whom he repre­ HOUSE OF REPRESENTATIVES. sented. He was raised in their midst; he was with them as SuNDAY, February 26, 1905. a boy, as a young man, and as a public servant. His sweetness of disposition, his kindliness of manner, his readiness to attend The House was calied to ·order at 12 o'clock noon by WILLIAM to their needs and their wants, his willingness to at all times ·J. BROWNING, Chief Clerk, who announced that the Speaker had be of service to the humblest of them, even at the sacrifice of designated the Hon. WILLIAM · P. HEPBURN as Speaker pro tem­ his personal comfort, gained for him not only their esteem pore for this day. and their admiration, but as well their love. Mr. HEPBURN took the chair as Speaker pro tempore. Having served a long career in the legislative body of his The Chaplain, Rev. HE1-.TBY N. CounEN, D. D., offered the fol- city, he was transferred by his constituents as their Representa­ lowing prayer : - tive in the National Legislature, and was first elected in 1900 Our Father who art in heaven, we thank Thee for that deep as a Member of the Fifty-seventh Congress, and reelected to ·and ever-abiding faith which looks up to Thee as the creator, the Fifty-eighth Congress in 1902. upholder, and sustainer of all, and for that eternal hope which He was not naturally a boisterous man in any way. He was binds us to Thee by ties which time nor space can sever. " For I quiet. He was mild mannered. Among the new associates in am persuaded that neither death, nor life, ~or angels, nor prin­ this body, he was yet diffident and somewhat bashful. ~~ese cipalities, nor powers, nor things present, nor things to come, traits would naturally have made him less well known among nor height, nor depth, nor any other creature shall be able to the membership here than would otherwise have been the case. separate us from the love of God, which Is in Christ Jesus, our But he never enjoyed good health after he came to Congress. Lord." For without these angels from Thy heart, 0 God, life The fatal malady had already commenced its work. He did .would be indeed a desert without a single oasis to cheer the not realize this so soon as some of his ·friends who observed weary tra"leler on bis way. With these even the mystery of him. He stuck to his post here and did the best he could, but death is solved, so when it comes and takes away our dear ones his poor health kept him more or less in retirement. He re­ we can throw ourselves into the everlasting arms and feel the mained at his desk in the House until the last, and attended the .warm pulsations of a heavenly Father's heart and say: last meeting of the· House before the holiday adjournment. There is no death! What seems so is transition; Just a few days before that I had requested the Chicago 1\!em- " This life of mortal breath Is but a suburb of the life elysian, bers of Congress to gather in my committee room for the pur­ :Whose portal we call Death. pose of consulting about an appropriation for postal appliances