2380 CONGRESSIONAL RECORD-SENATE.. OCTOBER 11,

manufactured glass bottles-to the Committee on Ways and Mr. QUAY. I present the petition of a very large number Means. of business men of the city of Wilkesbarre, Pa., not one of the By Mr. CLANCY: Resolutions adopted by the Scandinavian petitioners being a banker, praying for the repeal of the so­ Democratic Club, of Kings County, expressing their loyalty to called Sherman silver law. I move that the pet1tion lie on the the great and honorable principles of which the President of table. the United States is the standard-bearer-to the Committee on The motion was agreed to. Banking and Currency. Mr. HUNTON. I present a petition of business men of Nor­ By Mr. HITT: Petition of the Puget Sound Annual Confer­ folk, Va., praying for the prompt and unconditional repeal of the ence of the Methodist Episcopal Church, 7,000 members, of Seat. purchasing clause of the Sherman law. I would unroll the peti­ tle, Wash., for the repeal of the Geary anti-Chinese law-to the tion, but I fear there is not room enough in the Chamber. As Committee on Foreign Atl'airs. the bill to which the petition relates is now pending before the By Mr. HOOKER of New York: Petition of 34 citizens of Senate, I move that the petition lie on the table. Jamestown, N.Y., protesting against the official recognition of The motion was agreed to. Sig. Francisco Satolli as the official representative of the Papacy Mr. HUNTON presented petitions of the Chamber of Com­ in this country-to the Committee on Foreign Affairs. merce, of Richmond, Va.; of the Chamber of Commerce, of Nor­ By Mr. McNAGNY: Petition of Susan Hemmick, for restora­ folk, Va.; of the Board of Trade and Exchange, of Portsmouth, tion to pension rolls-to the Committee on Invalid Pensions. Va.; of citizensofPittsylvaniaCounty, Va.,andof Danville, Va., By Mr. POST: Petition of 0. Latimer and 45 other citizens of and of merchants, business men, and citizens of Lynchburg, Va., Abingdon, Ill., for the repeal of the purchasing clause of the praying for the repeal of the silver-purchasing clause of the so­ Sherman silver law-to the Committee on Coinage, Weights, called Sherman law; which were ordered to lie on the table. and Measures. Mr. HAWLEY presented a petition of the Board of Trade of Also, two petitions of E. A. Mosher, M. Z. Clark, E. C. Zoll, Bridgeport, Conn., praying for the immediate repeal of the sil­ and 89 other citizens of Cuba, Til., in favor of the free and unlim­ ver-purchasing clause of the so-called Sherman law; which was ited coinage of silver-to the Committee on Coinage, Weights, ordered to lie on the table. and Measures. REPEAL OF THE SHERMAN LAW-PERSONAL EXPLANATION. Also, petition of John Meyer, Martin Kausen, and 50 other cit- . Mr. BATE. Mr. President, in view of the fact that a series izens of Peoria, Ill., against the purpose of the monopolists to of resolutions passed by two commercial organizations of Mem­ force a gold standard, and against a contraction of the currency­ phis, Tenn., were read and placed in the RECORD, and to be to the Committee on Banking and Currency. found in yesterday's RECORD, I ask that the resolution which I By Mr. CHARLES W. STONE: Petition of 69 citizens of send to the desk be likewise read, as part of my remarks. McKean County, Pa., in favor of the retention of the present tariff The VICE-PRESIDENT. The Secretary will read as indi­ on window glass-to the Committee on Ways and Means. catod. Also, resolutions of the Pennsylvania Legislature concerning The Secretary read as follows: service pensions-to the Committee on Invalid Pensions. THE SILVER MEETTNG-CITIZENS MEET AND ADOPT RESOLUTIONS. By Mr. WEADOCK: Petition of Enos Marks for relief-to the According to a call for the meeting en masse of the people of Lincoln Committee on Invalid Pensions. County on the first Monday in October,irrespective of party amliations, for the purpose of discussing the silver question in general and adopting such resolu tions, after mature deliberation, as they deemed best, a large number of our citizens gathered at the court-house at 12m. • • ... A report was made by the committee on resolutions, which was adopted by the meeting, SENATE. and is as follows: "Whereas there is being made in the Congress of the United States an WEDNESDAY, alarming effort to demonetize silver, which ls recognized by our Federal October 111 1893. Constit ution as one of our money coins, and made by law one of the legal tenders in payment of all obligations and debts, as provided by the existing The Senate met at 11 o'clock a. m. statutes passed by the Congress of the United States; and Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. "'Vhereas we r egard such unfriendly and hostile legislation against silver The Journal of yesterday's proceedings was read and approved. as money as detrimental to t he best interests of the country, especially to all industry that provides wealth and gives prosperity and happiness to the PAYMENT OF INTEREST ON BONDS. coUlltry, and we regard such effects as being alone in the interest of the The VICE-PRESIDENT laid before the Senate a communica­ we:~.lthy and creditor class; and ''Whereas we are firmly and unalterably opposed to a single gold basis or tion from the Secretary of the Treasury, transmitting, in re­ standard, as contemplated by such legislation. and hereby declare our ad­ sponse to a resolution of September 28, 1893, a statement of the herence t<> silver money, and that it is one of the money metals of our annual interest on Government bonds on which interest has been country. made such ·oy the fathers and framers of our Federal Constitution, and as su ch it must remain, and its enemies are our enemies, and its friends anticipated by the Treasury Department; which, with the ac­ are our friends; and companying papers, was ordered to lie on the table, and be "Whereas we believe an unconditional repeal of what is knoWn. as the silver·purchasing clause of the Sherman bill means the demonetiza.tion of printed. silver and its ultimate extinction as money: Therefore 'l'REATIES WITH INDIAN TRIBES IN OREGON. Rewlvtd, That we indorse the action of our United States Senators, Hons. IsHAM G. HARRIS and WILLIAM B. BATE in their etrorts to defeat the repeal Mr. DOLPH. Mr. President, yesterday morning, when my of said act without provisions made for the free coinage of sflver and gold, attention was directed to something else, a report came in, in and we indorse the action of our member in the Lower House of Congress response to a resolution of my colleague, asking for information in voting as he did on the measure, and all the members who voted with in regard to Indian reservations in Oregon. At the suggestion him. R~ aolved, That we are in favor of the free coinage of both gold and silver of the Senator from Missouri [Mr. CoCKRELL] the maps accom­ as it stood up to the time of the fraudulent act of 1873, when silver was de­ panving the reports were not ordered printed, but were referred monetized, and we indignantly repel the etrorts of England to dictate to the American people the kind and character of their financial policy, and we call to the Committee on Indian Affairs to settle the question whether upon all true Americans to stand by the American people in this contest. they should be printed or not. Information now comes to me 'l'o tamely submit to the demands and aggressions of the money power now from the Commissioner of Indian Affairsthatthemapsareneces­ is only to invite further demands and aggressions, and we do here declare our determined purpose to stand up for our constitutional rights at all haz· sary to a proper understanding of the report. I therefore ask ards and all costs. that the order referring the maps to the Committee on Indian .TOE D. CARRIGAN. Affairs may be rescinded, and that the maps may be ordered A. E. SMITH. W. H. FOSTER. printed with the report. I ask unanimous consent thatthatmay E. N. CRAWFORD. be done. DR. W. C. GRISWELL. The VICE-PRESIDENT. If there be no objection it will be so ordered. The Chair hears none. Mr. BATE. I desire to state in this connection that the citi­ zens of other counti~s in Tennessee have taken similar action, PETITIONS AND MEMORIALS. but no general action over the State has been taken up to this Mr. BUTLER presented a petition of the Chamber of Com­ time, because it was thought there was no cause for general ac­ merce of Charleston, S.C., praying for the speedy repeal of the tion touching this matter by way of instruction or recommenda­ so-called Sherman law; which was ordered to lie on the table. tion to their Senators, as their po~itions were understood and Mr. COKE. I present a telegram in the nature of a memorial, approved of. In the county of Maury, in my State, resolutions signed by J. W. Butler and H. J. Higgins, representing the work­ similar to those which have been read were passed, and in Gib­ ing people of San Antonio, Tex., remonstrating against there­ son County, in that part of the State near where Memphis is, peal of the silver-purchasing clause of the so-called Sherman they have likewise passed similar if not stronger resolutions law. I move that the memorial lie on the table. than those which have been read, indorsing the action of my The motion was agreed to. colleague and myself upon the pending measure; and likewise in Mr. COKE al&o presented a petition of the Chamber of Com­ Hickman County the same action has obtained; and in Davidson merce of San Antonio, Tex., and a petition of the Board of Trade County, where the city of Nashville is, although petitions have of San Antonio, Tex., praying for the repeal of the silver-pur­ come from Nashville expressing a contrary opinion, yet action chasing clause of the so-called Sherman law; which were ordered has been taken there favorable to the course pursued by my col­ to lie on the table. league and myself. 1893. CONGRESSIONAL RECORD-SENATE. 2381

In consideration of the fact that the resolutions of the two by that exchange on the 26th of the preceding November, in op­ commercial bod~es of Memphis have gone upon the record here, position to the Washburn-Hatch antioption bill, and praying I prefer to say something in regard to the subject. I will not for the passage of that or some similar measure. ask that those resolutions be read, because they are already of So, Mr. President, exchanges, as well as individuals, change record. I will merely refer to them. their opinions, and a Senator can not at all times exactly know Mr. President, while I was temporarily absent from this which side of any question a body so changeable will occupy. Chamber my colleague presented a series of resolutions passed It may be that next week or next month a minority of the Mem­ by the Cotton Exchange and the Merchants' Exchange of Mem­ phis Cotton Exchange may remove cloture there and become a phis, Tenn., which, as I have seen, were read and became a part silver-supporting maj~rity, and in happy cooperation with the of the RECORD. Having previously received a copy of them I great body of their fellow-citizens in the State. With such ex­ doubted the propriety of my noticing them in my official capa.c­ perience, I feel that the people of Tennessee will excuse me from ity in the Senate, but thought it more proper to reply to them, attempting to follow an organization so variable and unstable in if need be at all, by an open letter. They having, however, be­ its convictions on economic measures. come a matter of record in the proceedings here, and properly In the last canvass of Tennessee I expressed my conviction too. so, no doubt, through the better judgment of my colleague, I often and too positively in favor of the free coinage of silver for ought not to be silent lest my motives might be miscontrued; there to be any uncertainty as to my position; and my reasons and as they reflect, to some extent, on this body as well as on for my vote, assigned in this Senate, were expressed and avowed my colleague and myself, I therefore, Mr. President, beg to whenever I addressed the people of the State. I heard no ob­ briefly say that while I do not personally know but few of those jection, but, on the contrary, every expression of approval fol­ citizens who compose these two organizations, and have no idea lowed my remarks; and that campaign, with all my avowals as of how many of their members were present and took part in to free coinage, returned a Legislature which on the first ballot the "meeting which passed the unjust and objectionable resolu­ reelected me by an overwhelming majority, over able and popu­ tions as published, I am persuaded that they were ~ot accurately lar opponents. Am I not justifiable in accepting that reelection informed as to what has thus far occurred in the course of this and aU that it implies, rather than follow the opinions of any debate, else, I regret to say, they have shown themselves, in my small portion of the people? While I respect the gentlemen who opinion, to have been Unnecessarily critical and unjustly suspi­ compose these exchanges and regret to differ from them on this cious of the motives which have actuated Senators in their re­ or any other important subject, yet I can not abandon what I cent debate on the pending bill. believe to be the best interest and welfare of the people of the Mr. President, I recognize the undoubted right of every citi­ State at the frown and disapproval of any organization, commer­ zen and every association of citizens to form opinions and express cial or otherwise. the same by resolutions or otherwise, as they may deem proper, There was, Mr. President, once a class of men whom the great and have them presented to the Senate. I claim for myself the statesman Edmund Burke designated as "grasshoppers who same right, and feel it my duty to represent the people of Ten­ made the field ring with their importunate chirps, while thou­ nessee according to my judgment-responsible only to the people sandsof great cattle which chew the cud are silent." If there are of the whole State. I have not neglected nor failed to present any of that class in my State they are not the onl v inhabitants of to the Senate any petition, remonstrance, or memorial forwarded Tennessee; Neither are they many in number uwhen one con­ to me for that purpose by citizens of the State in regard to this siders the nearly two millions of citizens in Tennessee who have question, as the record o.f the Senate proceedings will show. been thus far silent on this question-and they have been silent I ask the Secretary to read the extracts from the RECORD to because they have faith in my colleague and myself carrying out which I refer, as indicated in the two pages sent to the Clerk's the pledges in our party platforms, State and national. These desk. merciless critics are vehement in their expressions, no matter The VICE-PRESIDENT. The Secretary will read as indi­ which side they espouse; but fortunately their convictions often cated. last but a short time, and are readily changed to the other side, The Secretary read as follows: as alraady shown in regard to the antioption bill. I can not, August 29, 1893. therefore, find the public opinion of Tennessee in the uncertain Mr. BATE presented a memorial of citizens of Gibson County, Tenn., re­ action of these exchanges, but shall gather it from the voices monstrating against the unconditional repeal of the so-called Sherman sil­ which come to me from thous:m.ds of sourc2s, some approving, ver law; which was ordered to lie on the table. others disapproving my courae, but all giving me credit for the September 15,1893. honesty of my purpose and the sincerity of my convictions. Mr. BATE presented a petition of sundry citlzens of Memphis, Tenn., pray­ Among the arraignment of the Senate in these resolutions I ing for the unconditional repeal of the so-called Sherman silver law; which find the strange charge that the minority of the Senate has was ordered to lie on the table. taken undue advantage of what is called" Traditional freedom." September 16, 1893. The rules of proceeding in this body to-day are the same which, :JI.lr. BATE presented a petition of 263 merchants, manufacturers, and busi­ ness men of Nashville, Tenn., praying for the passage of what is known as since its organization, have served the purpose of all lagisla­ the Wilson silver-repeal bill recently passed by the House of Representa­ tion. These very rules in the last Congress saved the society tives; which was ordered to lie on the table. in which the members of these two exchanges live, as they did September 18, 1893. the whole South, from demoralization and disorganization. Mr. BATE presented a petition of citizens of Grundy County, Tenn., pray­ They were not complained of by these exchanges when they ar­ Wag:~~~~~i~F:.al of the so-.called Sherman silver law; which was ordered to rested the majority in the Fifty-second Congress; but now.in September 30,1893. this Congress, when another minority is threatened with de­ struction and ruin, spreading over another section, these ex­ Mr. BATE presented a petition of the Chamber of Commerce of Knoxville, Tenn., praying for the passage, without further delay, of the repeal bill now changes forget the service which these rules rendered the South pending before the United States Senate; which was ordered to lie on the when t he force bill was imminent. table. If these resolutions really represent the whole membership of Mr. BATE. Mr. President, it will be seen from these extracts these exchanges, which I am inclined to hope is not the case, from the CONGRESSIONAL RECORD that a wide difference of for I do not know how many members were present-whether opinion exists among myfellow-citi?ens on this question-for the ten, twenty, or one hundred-nor do I know what notice for the county of Gibson remonstrated against the unconditional re­ meeting was given; nor whether only" unconditional repealers" peal, and it is a part of current history, published in our Ten­ were expected; nor can I conjecture, judging from the past, how nessee papers, copies of which have been sent to me, that the soon another meeting may revoke the action, and tendering its counties of Maury and Hickman, and one meeting in Davidson, respects to the Senate, pray the speedy defeat of these repeal where I live, have taken similar action to that taken in Gibson, bills. remonstrating against the unconditional repeal of what is pop­ Mr. President, I submit these remarks, in part, in the nature ularly known as the Sherman law, while the exchanges of Mem­ of an apology to the Senate for the discourtesy put upon this phis petition for the repeal. body by these two organizations, hoping that the language of I can not forget that stability of conviction about public meas­ these resolutions will not be regarded as a sample of the respect ures has not· always characterized the :Memphis Cotton Ex­ and regard of the people of Tennessee for this exalted body. I change, for I haye heretofore been called upon to present peti­ do not intend to be deterred from doing my duty as I see it, re­ tions from that exch ange which were diametrically opposed to gar dless of such threats of defection as are found in t.hese reso­ each other. At t he first session of the Fifty-second Congress, l utions, but will endeavor in a .fair and legitimate way to prevent on March S, 1892, I presented the memorial of the Memphis Cot­ alike the death of silver as money, and defeatasingle gold stand­ ton Exchange remonstrating againAt the passage of the Wash­ ard, though dictated by English policy. burn-Hatch antioption bill; and at the second session of the same Congress, December 15, 1892, I was called on to present, REPORT OF A COMMITTEE. and did present, the memorial of the Memphis Cotton Exchange, Mr. GALLINGER, from the Committee on Pensions, to whom the aame organization. remonstrating against the a.ction taken was referred the bill (S. 882) granting a pension to Fr~.nces 2382 CONGRESSIONAL RECORD-SENATE. OOTO~ER 11,

Col"Ee, widow of Gen. John M. Corse, reported it without amend­ PURCHASE OF SILVER BULLION. ment and submitted a report thereon. The VICE-PRESIDENT. The morning' business has closed. BILLS INTRODUCED. Mr. VOORHEES. I move that the Senate proceed to the Mr. GORMAN introduced a bill {S. 1067} for the relief of consideration of House bill No. 1. Marie Demainville; which was read twice by its title, and re­ The motion was agreed to; and the Senate as in Committee of ferred to the Committee on Pensions. the Whole, resumed the consideration of the bill (H. R. l~to He also introduced a bill (S. 1068) for the relief of Mrs. H. E. ~peal. a part of an act, approved July 14,1890, entitled ''An act Kettlewell; which was read twice by its title, and referred to the directing the purchase of sll ver bullion and the issue of Treasury Committee on Claims. no~s thereon, and for other purposes," the pending question He also introduced a bill (S. 1069) for the relief oi the estate bemg on the amendment proposed by Mr. PEFFER to the substi­ of Thomas Sherwin, deceased; which was read twice by its title tute reported from the Committee on Finance. and referred to the Committee on Claims. ' Mr. COCKRELL resumed the floor in continuation of the Mr. FAULKNER introduced a bill (S. 1070) to provide for speech begun by him on the 9th instant. After having spoken 'the immediate erection of adequ&te public buildings for the two hours and a hp.lf, he sl.id: accommodation of the Government Printino- Office; the ac­ I was r_equeste~ bJ: the junio~· Senator f1:om New Jersey [Mr. quirement by condemnation of title to site ~elected therefor S~TH}, if I fel~ JUStified .m domg so, to yield a few minutes to as provided in the act. of Congress approved August 30 1890! him, that he might.submit some statements he desired to make. making immediately available the sum appropriated th~refo; Ai3 I find. I am making very good progress, I will yield to him. by ~a~d act of Congr~ss approved August ?O, 1890; makit;tg an STATUE OF PERE MARQUETTE. additional a~propnat;on for st;c~ s1te; makmg an appropriation ~fr. MITCHELL of Wisconsin. If in order I should like to for the erection of smtable buildmgs for the accommodation of ask unanimous consent that the joint resolutio'n which has.just the Government Printing Office, and declaring an emergency· come over from the House of Representatives be considered at which was read twice by its title, and referred to the Committe~ this time. on Public Buildings and Grounds. The PRESIDING OFFICER {M.r. BRICE in the chair). The Mr. PETTIGREW introduced a bill (S.10TI) extendino- relief Chair lays the joint resolution before the Senate. to Indian citizens, and for other purposes; which was read twice T~e joint res

amendment which I will submit to him, I will then have no the earth beneath, I have acquired more information and more further objection. kinds of information than I had supposed could be obtained in Me. MITCHELL of Wisconsin. I am not sticklin~ for the as many years as the weeks which have passed. passage of the me~sure at this time, but there seem~ to be a I have heard that England still dorn.i.r1ates this country; that lull in the proceedings of the Senate and I thought It a good Lombard street and Wall street are tbe chief thoroughfares of time to dispatch a little merely formal business. the devil's dominions.; that the President"smessage should have The PRESIDING OFFICER. Objection being made, the joint borne the signature of Queen Victoria instead of Grover Cleve­ resolution will lie over for the present. _ land; in brief-although not in brief origimlly-that the Revo­ Mr. MITCHELL of Wisconsin subsequently said: I ask the lution was a failure and that the UnitedStatesarestillaBritish Senator from .Missouri to yield, that I may call up the joint reso­ colony. I fully appreciate, Mr. President, that this is import­ lution relating to the statue of Pere Marquette at the Capitol. ant, if true. I also recognize the fact that irreverent persons It was withdrawn temporarily that the Senator from Massachu­ not connected with this body regard such assertions as a species settes might formulate an amendment. of extraordinary eccentricity, ii not, indeed, of driveling idiocy. The PRESIDING OFFICER (Mr. JONES of Arkansas in the I shall reserve the r lg h t to express my own opinion till some fu~ chair). Does the Senator from Missouri yield for the purpose ture time when plain speaking shall be in m·der. indicated? I have he.ard that the East is the evil genius of the West-a Mr.COCKRELL. Yes, sir. relentless enemyeagereven toexactinterest upon money loaned, Mr. HOAR. The joint resolution has been read by title. Let and bent upon burning the prairies and 1 uining the people. Not it te read at length. being a resident of a trans-Mississippi State where E.:LStern sen­ The joint resolution was read the second time at length1 as fol­ timent is so accurately gauged, I hesitate to express a contra­ lows: dictory opinion. And yet I can not escape the cvnclusion that this strange antipathy must be of very recent origin. Unless I Be it resolved, etc., That the State of Wisconsin be, and is hereby, a.nthor­ lzed and granted the privilege of placing in Statuary Hall, at the Capitol, have been misiniormed, a large portion of then oney which built the statue of Pere Marquette, the faithful missionary, whose work among the great railroads of the West came not only from the East. but the Indians and explorations within the borders of said State in early days from those very dens of financial iniquity known as Boston, New are recognjzed all over the clvilized world. York, and Philadelphia. The PRESIDING OFFICER. Is there objection to the pres­ I had supposed, moreover, that no small part of the money in­ ent consideration of the joint resolution? vESted in Westernlarm mortgages was earned in New England, By unanimous consent the Senate, as in Committee o.f the New York, and New Jersey. I had even been told that the rates Whole, proceeded to consider the joint resolutjon_ of interest on such loans had decreased nearly 50 per cent dur­ Mr. HOAR. I move to amend the joint resolution by adding ing the past twenty years. I had read, too, that the fathers of the at the end: West were the sons o! the East, and that all were united by kin­ The same to be received as one of the two statues furnished and provided dred and patriotic ties in a common purpose to conserve the in­ by said State in accordance with the provisions of section 1814 of theRe· terests o! the whole country. Can it be that all this is false; vised Statutes of the United States. . that the East helped to develop and build up the West only that .· Mr. MITCHELL of Wisconsin. The amendment seems a per­ it might rejoice in the wreck of its own creation? It seems in­ fectly proper one, and I hope it will be adopted. credible. And ye~ Mr. President, if one-half of the assertions The amendment was agreed to. made in my hearing during the past two months are true, every The joint resoiution was reported to the Senate as amended, man, woman, or child who has loaned either his inherited mil­ and the amendment was concurred in. lions or his hard-earned mite for the development of his coun­ The amendment was ordered to be engrossed, and the joint res­ try is a Shylock more crafty, more grasping, and more despicable olution to be read a third time. than was ever conceived by the brain of William Shakespeare. The joint resolution was read the third time, and passed. And why? Simply because he asks to be repaid in the same kind of money, of the same value, as that which he gave. PURCHASE OF SILVER BULLION. For this and no other reason, barring perhaps a willingness to ­ The Senate, as in Committee of the Whole, resumed the con­ profit by trade with other nations, he is denounced as the im­ sid-eration of the bill (H. R.l) to repeal a part of an act approved personation of avarice, oppression, and all else that is evil. Mr. July 14, 18\:JO, entitled "An act directing the purchase of silver President, no Senator in this Chamber deplores sectionalism bullion and the issue of Treasury notes thereon, and for other more than myself. Moreover, the little experience I have had purposes.'' in politics has taught me that the surest cure for demagogy is Mr. SMITH. Mr. President, when this Congress met on talk. But it does s~m to me that the time is approaching when August 7 ,Ihadneither intention nor desire to address the Senate somebody must really venture to say a few words on behalf of npon the bill now under consideration nor upon any other sub­ that section of the country which lies east of the Allegheny ject. Mountains. And if that time should come and the contrast be I had two, and only two distinct objects in view. One was to c1rawn between the creditor who asks merely for his own an.d acquil·e informa.tion regarding the merits of the so-called Sher­ the debtor who wouldreduce his obligation by act of law, it will man act. The other was to vote. It is with deep regret that, be interesting to see which will impress the public as the honest after eight weeks of patient attention, I am forced to admit that and which as the dishonest man. neither of these objects has been accomplished. I have heard I have heard much about banking systems. I have heard de­ · no word spoken in defense of the Sherman act and I have had nunciations of the national banking act so bitter that one almost no opportunity to vote because of t,he indisposition of the ma­ expects to be branded as a felon if he says a word in its favor. jority to deprive the minority of what seems to be considered its It is not my purpose to defend that system at this time, but in right to rule. view oi the fact that argument upon this, as upon nearly every 1t would not be becoming, sir, in me, a new member of this other subject, has been certainly very one-sided, i.f not narrow body, to pass criticism upon the conduct of its affairs, but I think and unreasonable, I think it can do no harm to record the simple I may be permitted to express the surprise and disappointment facts that of the 716 banks which failed between the 1st day of which l cert:linly feel. !listened with the other Senators to the January ano the 1st day of September of the present year 155 reading in this Chamber of the message of the President of the were national banks and 560 State and private banks, and that United States convening this extraordinary session. That mes­ of those which resumed business in this period 70 were national sage contained extended mention of but one subject and a single banks, against only 72 State and private banks. recommendation-the repeal of the purchasing clause of the Moreover, during the thirty years in which thenational bank­ Sherman act. For that and no other purpose was this Congress ing system has been in force the average number of failures per convened. On that and apparently no other question the senti­ annum was less than seven and no person lost a dollar on the ment of the Senate was, and I suppose still is, unanimous. All notes issued by these banks. I have no desire to disturb the want the law repealed. Whether the fact that it still remains theories of those wbo advocate a return to the old system. I upon the statute books is due to theextraordinary unanimity of have no intention of taking any position antagonistic to that of sentiment against it is a question which I must leave to be an­ the Democratic platform, but I do insist that these few facts swered bv some one who is more familiar with the time-honored should be sufficient to convince any Senator that the greatest traditionS of the Sen'lte. care should be taken in revolutionizing a system of finance which Of the motives which seem to me to have given rise to this seems certainly to have possessed the primary element of safety. strange condition I shall speak presently. But before doing so That a change of some kind must be made eventually and should I desire to remove any misapprehension concerning a previous be made, perhaps, by this Congress, is apparent to all. But we remark which may have se~med to imply lack of appreciation. shall have ample opportunity to take up and dispose of this sub­ While, as I said before, the discusoion has shed no light upon ject in the regular session, the beginning of which is now so near the merits of the Sherman act, yet uponothe.rsubjects-Imight at hand. It bears no relation whatever to the sole purpose for almost say upon all other subjects-in the Heavens above and in which this extra-ordinary session was convened. I twas noteven 2384 CONGRESSIONAL RECORD-SENATE. OCTOBER 11, mentioned in the President's message, and it has no claim upon taining the Sherman act upon our statute books I do feel quali­ our consideration at this time. fied to speak, for the simple"reason that I have both seen and l have heard a great deal about the "rights of silver." The felt t h e immediate result of the distrust for which that policy is larger portion of this talk, Mr. President, has come from the responsiblB. very lips which some years agouttered words justasearnestand I speak earnestly upon this point, Mr. President, because as a coined phrases quite as belligerent regarding the "rights of business man I know that not only the success and prosperity of gold." But we hear nothing of that now. Gold lost its" rights" the employers of labor, but the well-being, happiness and almost when the mining of silver became more profitable. Discover to­ the very existence of hundreds and thousands of workingmen are morrow a gold belt stretching from the Missouri to the Pacific trembling in thdbalance to-dayandaredependentuponcomplete and with in three months speech in this Chamber will be as golden restoration of public faith. · as silence is to-day. It is true that instant relief followed the quick response of the Mr. President, it seems to be conceded in this Chamber that House to the demand of the country, but it was only partial re­ of all existing things, foreign ordomestb,animateorinanimate, lief and only ternporary. Already the reaction consequent upon divine or human, none is entitled to quite so much respect as the disappointment at the inaction of this body is being felt, and silver. If a Senator mentions that hallowed word above a whis­ it is gaining strength every day. per, such as he would breathe in the presence of the dead, he is Let the business world be once convinced that the repeal of pounced upon by the champions of liberty and mines and de­ the Sherman act is impossible, and a period of depression and n ounced as a traitor to his country, a hater of the flag and some­ hardship will be inaugurated such as this country has not ex­ times in extreme cases as that most odious of living creatures­ p~rienced in a generation. a gold bug. And yet, sir, I deny that silver has any rights. These, Mr. President, are but a few of the many things I haye Neither has gold. Each is a metal designated by the Constitu­ heard during the pasttwomonths. Butthereisonething-which tion to b9 used as money, but in such relative proportions and I have not heard. I have not heard in all this discussion one in such ways as may be most advantageous. The people have solitary word spoken in defense of the law which the President the right to use silver, but silver has no right to use the people. of the United States, in obedience to the demand of the country, So, sir, I go further and say that while I sympathize with the has asked us to repeal. The only excuse offered for the obstruc­ idle miners, who form, after all, a very small proportion of the tive policy of the minority is that their wishes reg-arding :finan­ great army oi unemployed to-day, the Government is under no ciallegislation must be gratified before they will consent to a obligation and has no right to support them at the expense of vote. the farmers of Illinois and the mechanics of New .Jersey. For that and no other purpose this evil thing, this harmful I have heard that'' the common people" are opposed to repeal. and iniquitous law, which has not a defender in the world, is Barring perhaps the "rights of silver" the "common people" maintained and used as a club to force the many to yi.eld to the have come in for a larger share of attention than any other sub­ few. It is the old plea, advanced by every man engaged in un­ ject in this debate. The "masses,'' we are told, demand free worthy work since the world began, of the end justifying the coinage before even the Sherman law shall be repealed. What means. I fully appreciate the wisdom and perhaps necessity of "masses," Mr. President? The "mass" of 45,000 in Nevada? maintaining the greatestlatitude of debate and consideration in Yes The mass of 8±,000 in Idaho? Yes. Even the overwhelm­ this body but, sir, I have no hesitation in denouncing such a. ing mass of 412,000 in Colorado? Yes. These are the "masses," policy as un-American, dishonest, and discreditable. the allied" masses." And being masses they hold massmeet­ We are told by the opponents of this measure that they do not ings and adopt bloodthirsty resolutions, and threaten to annihi­ deal with the merits of the Sherman act because simple repeal late anybody or anything that stands between them and a double is no longer the question. It was the question-the only ques­ price for the product of their mines. That is what is called tion. May I ask, sir, who has changed it? Did the President an outpouring of public sentiment. Understand me. I do not of the United States even hint at any other in his message to blame the people of the mining States. I would like to see them Congress? Has he since uttered a word indicating so much as get all they want and more. But what absurdity to designate a doubt that tuls ''cowardly makeshift" should be wiped from the their expression as public opinion. It is not public opinion. statute books at once? Is it not true that whatever change has It is self-interest. And it is not a very loud cry at that. Let the taken place has been made by those who did not dare and do not Congress of the United States enact to-morrow a law providing dare to-day to face the original and only issue raised by the President~s for the free coinag'\3 of leather1 or even the purchase of $50,000,- message? 000 worth per annum at twice 1ts actual value, and I will guaran­ But sir, I grant that simple repeal is no longer the question. tee amassmeeting in a single ward of the city of Newark, N . .J., Fair, honest, and legitimate debate upon that subject ceased long larger than can be raised in the whole State of N-evada to protBst ago. The traditions of the Senate are now being used to defeat in the most vociferous tones against its" demonetization." the will of the people. The courtesy of the Senate is employed Unlike those Senators from the far West who indignantly to defeat the will of a majority of the Senate. The question .has deny that they have any personal concern in the disposition of changed. It is no longer simple repeal. It is not silver coin­ this measure, I frankly admit, Mr. President, that I have a very age. It is not bimetallism. It is not monometallism. It is not strong self-interest. I have the misfortune-for it is a misfor­ banking. The qnestio:q which this Senate must now determine tune at the present time-to be a manufacturer. My factories, is whether it shall nullify the first essential principle of popu­ in common with those of my neighbors are closed. They can lar government by conferring upon the minority the power to not be reopened while the present conditions continue. Re­ make the laws. sumption of business therefore would mean much to me. And How that question can best be answered I can not say. If by yet my interest is so trifling when compared with the interests cloture, then I am in favor of cloture. If by a continuous session, of the thousands who are dependent upon their daily toil for then I will be one of forty-three Senators to remain in this Capi­ their daily bread that perhaps I should feel ashamed even to ad- tol until a vote shall be taken. If by preventing consideration mit it. , of any other subject until this shall be disposed of, then I will The point which I desire to emphasize is that a Senator need join with any other Senator for that purpose. Party pledges, not hail from Nevada, or Colorado, or even bleeding Kansas to tariff legislation, election bills, appropriations-all fade into in­ speak authoritativelY for the workingmen of this country. It significance when confronted by an attempt to rob the people of is easy, Mr. President, to charge that the representative of a their first and ~rea test privilege. rich and populous community is necessarily the representative The minority, Mr. President, has many rights, all of \vhich, of only capital and corporate interests. I think it may be the and perhaps a few more, have been enumerated with great care part of wi dom to treat such insinuations, which have been made in this debate. But under the theory of government by the with great freedom upon this floor, with the contern ptuous silence people and under the Constitution of the United States the which they deserve. But, I desire to say that, while the great majority has one right. That, sir, is the right to rule. And to majority of the citizens of the State which I have the honor to uphold that right I for one am ready and willing to stand squarely represent in part, are uncommon, rather than common people, upon the issue raised by the President for the people-not an­ they know no classes and have sufficient self-reliance and self-re­ other week nor another month but, if need be, for years. spect to ask no favors of the Government beyond the right to Mr. President, I am r.. Democrat. I represent in part a Demo- . work out their own destinies without restraint of legislation. cratic State, a State which has never faltered in its support of I have heard that the hard times are over, that confidence has Democratic principles. and whose representatives have never returned, and that no further apprehens'ion need be felt. That failed to uphold the doctrines of .Jefferson and Jackson. During s~teme nt has been made on this floor as proof that repeal is•no the long period of party disaster and despair which followed the longer needed. Sir, I would be the last member of this Senate civil ~war, when her sister States New York and Connecticut, to place so much as a straw in the path of returning prosperity, and even Indiana forsook their allegiance, New Jersey remained and I should hesitate to express an opinion upon the relative ad­ steadfast and true. To the people of the South during those vantages in theory of gold and silver or both as the basis ·of our long years of political wrongs and oppression she must indeed currency aga.inst the views of those who have made the subject have appeared as the beacon light of the North. a life-long study. But of the direct effect upon business of re- So, sir, as one who in common with the majority of her citi- •(

1893. CONGRESSIONAL RECORD-SENATE. 2385

zens has felt a pride in that loyalty, I think I have a right to poorer, but through it all he has stood like an iron wall in de­ address the Senators from the Southern States who are opposed fense of the principles and doctrines of the Democratic party, to repeal, not as one who has sought a temporary alliance for hoping through this agency to be allowed to make an honest the accomplishment of his own purpose, but as a brother who living and to get pay for his services as a laborer, a toiler, and has been tried in every partisan warfare during the past thirty producer. His main reliance for this end was the restoration years and has never been found wanting. I make no complaint of the Democratic party to power in both branches of Congress; of the gratitude expressed by the Senator from Tennessee to but it has been in vain, for now that we are in control we are those Senators from the far Western States who aided.in repul­ asked to yield to the forces which have always and persistently sing the latest attack upon the liberties of the Southern people, opposed us. but I can not refrain from calling his attention to the fact that As the representative of our people I would be derelict in my at least one of the Republicans who gave his vote to that cause duty were I to fail at this time to voice their sentiments and to is now as earnest a supporter of the policy of the Democratic utter in this presence their solemn protest against what is now President as he was then of the Democratic party. threatened to be enacted. Our people are Democrats from prin­ I think I may add also without fear of contradiction or of giv­ ciple. The Democratic party is their party. They do not pro­ ing offense, that the desertion of a single Northern Democratic pose to be driven out of it by the President or any of the self­ Senator at that critical time would have beenfatal to the opposi­ constituted leaders of the Democratic party of this nation. A tion. Two of those Senators represented the State of New Jer­ party is what the people who belong to it make it and demand sey. There was no doubt at any moment of their position. that it shall be. My people were honestly opposed in the first They were the old friends. The others were the new. Between place to the nomination of Mr. Cleveland. I am now opposed to them now has arisen the differencewhich is breaking party tbs the proposition under discussion. I am opposed to it because it and severing the friendships of the past. On the one hand are is wrong and undemocratic. I am opposed to it as a man, as a representatives of a political party which has pursued the peo­ Senator, and as a Democrat. ple of the South with all the relentless energy of vindictive This country is now supposed to have a Democratic majority partisanship. They rendered a single service. On the other in the House and Senate andaDemocratic Executive,and I wish hand stand the members of their own party who in all these to say that no man in this honorable body, or out of it, h as tried years have never failed to respond to a call for help, and who harder to reconcile his ideas oi duty and responsibility with the now for the first time ask a single service in return. wishes of the Executive and his friends, who now propose to co­ If the request seemed to me unreasonable I should not expect nor erce the Senate, than 1 have. I come, sir, from the cradle of desire that it be granted. But itis both reasona.bleand just. We true Democracy. It has produced oome of the greatest and Democrats of the North do not ask you of the South to vote con­ best Democratic statesmen that ever lived. I believe as firmly trary to your convictions. We ask you simply to vote. And in Democratic principles as I do in my Bible, and I always will that we have a right to ask in the name of the Democratic party contend that the only way to steer the ship of state clear of the which has been intrusted with power by the people and will be shoals and rocks of socialism and anarchy is by a return to true held by them responsible. So I say now to my friends on this Democratic principles in the administration of affairs. side of the Chamber, ~all the old ties be broken and new ones It is the love and fealty I bear to the cause of Democracy that formed? Shall the first great opportunity for which we have has prompted me to keep silent and strain every nerve in an ef­ been fighting shoulder to shoulder for years to redeem party fort to conform, if possible, to the wishes and policy of the pow­ pledges and maintain the ascendancy of Democracy be cast ers that be in the Democratic party; but, sir, when I see the aside? Have you lost faith in those who have not once deserted mantle of Democracy used to cover Republican monopolists while your cause in a generation? Have you ceased to believe the man they rob the greatcommonpeople, this s:1mesentiment that bas whose nomination at Chicago your people and mine united in prompted me to silence and obedience bids me imperatively to demanding? My friends, you have indeed come to the parting call a halt and revolt against such an imposition upon Democ­ of the ways. Which shall it be-the old friends or the new? racy and justice as is now proposed. I can not keep my seat and [Applause in the galleries.] see the banner of Democracy submerged in the cesspool of Wall · Mr. COCKRELL. I yield to the Senator from South Carolina street greed, nor can I remain silent and see it polluted to the (Mr. lRBY]. basest uses by the protected hand of monopolistic avarice from Mr. IRBY. Mr. President, I am the only farmer in the Sen­ New England. _ ate, the only member of this body whose sole occupation is farm­ Call it what you will, I propose to stand for true Derriocra.cy, ing. I represent the farming element of South Carolina, but I so true, in fact, that I will denounce those who propose and fol­ can also say, for I feel, that I represent the farming and produc­ low Republican methods while masquerading in Democratic ing element of the entire nation. I believe that ft will not be clothes, no matter who they may be-eventothePresidenthim­ denied that the farmers of this country have a deep, vital inter­ self. I am deeply grieved to sg,y this, but honesty and truth est in the great question now at issue before the Senate. That compel me, and before I shall have finished my brief remarks­ interest is not something new. Their relations to the money for I !!!hall only occupy a few minutes-I propose to draw the line question, while they have always been close, became very promi­ of demarcation between the Democracy and the Administration nent and came home to them in a most practical and substantial methods of to-day so plainly that never again in the history of manner when the demonetization of silver was effected in 1873. this country need they be confounded. That was to them a new era, not unlike that, in many respects, of I am opposed to this measure as a man because my manhood the new conditions with which they were confronted at the close revolts against the idea of settling a great national question by of the war. When the war closed the soldier of the South returned the physical endurance of the Senators. It is both humiliating to a land which had lost everything. The difficulties with which and futile: Humiliating because it is an effort to apply cloture he was beset have often been described, but I believe never with by physical force in order to shirk the moral responsibility; and adequate force or detail, nor shall I attempt it now. is a mere makeshift that must excite the contempt of thinking, I could perhaps sum it all up in the statement that he came uecent,and honest people "throughout the world: Futile because out of the war without money, without home, and without hope. the minority can not, will not yield while life remains. I mean He left ruin behind him as he approached his home, and he found by this that knowing as I do that a large majority of the people it there on his return. His fields were abandoned for years, the of South Carolina are not in favor of the repeal of the Sherman soil had deteriorated, debts had accumulated, his home was in law without substituting some provision that will improve the ruins; there was utter desolationat home and in the fields. The financial system of the nation, it is my duty, and the duty of all returned farmer, and even those who were not soldiers, began who believe a.s I do, to resist any and all physical opposition to life anew, opposed by obstacles such as seldom fall to the lot of us in the discharge of our obligations and responsibilities as long an industrious people. as there is a breath of life in us. We have no alternative com­ I could draw a picture of the misfortunes, the terrible strug­ natible with honor; and should we die at our posts I have no gles made by my people to restore their fallen fortunes, of the doubt that our constituents would elect others to fill our places heroic sacrifices, of the long and patient endurance of want, who would do the same. Hence the barbarous effort to coerce self-denial, and all the ills of enforced poverty; but as I have by brute force must in the end prove futile. · said that has all been vividly depicted in the history written I am opposed to it as a Senator because it is incompatible with and unwritten of our country. But through all that trying the dignity of this honorable body. This is the highest delib­ period our people remained as they were from the beginning, erative body in the nation. Here we have mariy of our wisest Democrats of Democrats. A~though bankrupt in fortune, they .men, questions presented are weighed by men of the most ma­ clung with devotion to their political heritage, and, by the in­ ture judgment and experience, and to admit that any ques­ domitable courage which they exhibited on the field of battle, tion can not be decided by reason and discussion without a per­ they had to a large extent recouped their fortunes in the period sonal conflict of physical force or endurance is to reflect upon from 1865 to 1873, when :the act destroying the money of the plain the sincerity of the members of this honorable body. It is con­ people was passed. trary to the laws and usages which have always governed the From that time to this the farmer has grown poorer and deliberations of the Senate. Every law and usage of this body :XXV-150 I '

2386 CONGRESSIONAL RECORD-SENATE. OCTOBER 11, from its foundation has been based upon the presumption that abandoned the platform on this question, and who, su.stained by here Senators would engage in mental con:fiict only. It is con­ the Executive, are -endeavoring to commit a crime, which, in trary to the Constitution of the United States, becauseaecording my judgment, could never beex-piatedexcept by the utter over­ to that democratic document the thl'ee branches of the Govern­ throw of the Democratic party at the next national election. - ment were supposed to be coordinate and independent of each ThB people of my State want a revision of the tariff, but they other, and this effort to coerce this body at the bidding of the are willing that this question shall be relegated to the rear Executive is a bold and flagrant violation of the spirit of the for a quarter of a century rather than to .see the financial ques­ Constitution which, if now tolerated, will be a precedent for the tion solved in the m ::~. nner proposed "oy the Administration. I future prostitution of the Senate to the complete and absolute know that I represent my people when I tell you that, with tariff · domination of the Executive. revision and the demonetization of silver, they would be still I have said that my people were opposed from the first to the hopelessly wrecked; for what good would the revision of the nomination of Mr. Cleveland. They entered their protest, vio­ tariff do them if they were so poor that they could not reap the lent as some people would say, in May, 1892, opposing his nom­ benefit of the low prices under an aJ.leged revised ts.riff? I know ination. For this they have been condemned, but unjustly so. that I represent them when I tell you as a Democrat that I will They opposed him through their representatives to the very la.st not be coerced. I despise the patronage which has been so at Chicago, but, true and loyal Democrats as they haye ruways ruthlessly withheld from 90 per cent of the honest and genuine been, they supported him at the general election and gave him Democrats of my Sbte. 50,000 majority over Mr. Harrison, thereby giving practical dem­ Ifitisfoundnecessarytooverpoweru.s with Republican votes in onstration of their devotion to the Democr~y. They believed this Senate I dare to tell you that you can-not revise the tariff. that the Democratic party of this nation would be true to the You may call that treason, but I answer i1 that be treason make promises ol its platform, and with this understanding they sup­ the most of it. I desire, however, on this point to be distinctly ported Mr. Cleveland. understood, and to make myself perfectly plain to the minds of For myself I havealway.sbeenaDemocrat. Ihavenevervoted every Senator present and the country at large in making this other than the Democratic ticket. I have the honor to be the statement. I do not make it as a threat nor for the purpose of chairman of the Democratic party in South Carolina. By the coercing, or introducing any element of violence into this dis­ Democratic party I was elected to the high position which I now cussion. I make it with reluctance .and deep regret, and would hold; but as a Democrat, true, as I sincerely believe, to all of its gladly avoid the responsibility of taking this position, but I be­ principles, I must demand that a halt be called upon this un­ lieve it a solemn duty to the producers of this nation in every usual, irregular, and outrageous proceeding by Senato1·s favor­ State, and especially to the noble~ patriotic, and liberty-loving ing the unconditional repeal of the purchasing clause of the people of South Carolina, to raise the hand of warning and place Sherman law. those who seem intoxicated with power, upon positive notice If the Democratic party are responsible for the laws which are that if they ruthles.sly and by the aid of Republican votes over­ enacted or repealed during this Administration, the Democrats ride our wishes in this, the most important of all the questions alone should decide the policy of our party. I would be willing of public policy, I for one will not follow their lead another step. to submit this or any other question to the caucus of the Demo­ I do not wish for a moment to be understood as wavering in crats of this Congress, and if a majority decide against my opin­ my allegian{}e to the importance of tariff reform, but thi.s meas­ ions I should yield; but I mu.st and do now most solerimly protest ure I deem of the greatest import9.D.cel and I firmly believe that against the right of a minority of the Democratic Senators to it has the unqualified indorsement of a majority of the people, use Republicans to coerce into submission a majority of the Dem­ but the tariff law, when presented in this body~ if it ever is pre­ ocratic Senators and to enact laws to which the Democratic sented for a T"ote, will be decided by a strict party vote, and I tmrtJT of this nation are opposed. · am unwilling to follow a fraction of the Democratic party that We believe thatitwasunjust, unfair, and undemocratic for the will prepare that law after they have depended upon the Re­ national convention to use the representatives ol Republican publican party to assist them in carrying a measure of more im­ States to foist upon us a nominee that does not represent us, but portance-the repeal of the purchasing clause o.f the Sherman it is also ftagrantly·wrong that that nominee, after his election, law. should u.se the Republican party to pass laws that mean ruin and I mean by this to say that the presumption is clear and con­ destruction to the plainer and poorer class of the South and West. clusive, on account of the present attitude of the Administration We are told that it is all right for the minority to desert the and i t.sfriends toward the Republican contingent in Congress, that platform .and use Republicans to enact thislawwhich a majority they have made coneessions and .agreements in regard to t ariff of Democrats oppose, but that it would be treason for me to de­ reform and the retention of Republicans in office in exchange sert the platform upon the question of tariff reform. for Republican support of the pGitding measure. Believing this, This is a palpable absurdity, because the Administration I conceive the position which I now and here take to be the only f01·ces, by allying themselves with Republicans to ena-et measures one compatible with true Democracy and personal honor. in the interest of the weal thy and favored class and opposed to the The Administration may coerce, command, and control one interest of the masses of the people, establish a precedent and branch of Congress and perhaps some members of this body, but place themselves in an attitude which not only justifies us who I it can not and will not control me or my people. As for myself, truly believe represent the people, but makes it in my opinion I am not one of the .silver men who ask for or will accept any our bounden duty to oppose such tariff laws as may meet the ap­ compromise short of the free and unlimited coinage of silver at proval and be presented by this unholy allianoe. If this great a ratio of 16 to 1, or the complete rehabilitation of silver as a crime against the people is perpetrated by them in regard to money metal. this, the most important of all the legislative questions now be­ This issue is broader and deeper than the mere doliars and fore the people, I dare to not follow them, and my people will cents involved in the solution of the silver problem or any solu­ susbin me, upon the otherquestion.s of lesser importance. tion of the money question. It goe.s to the very foundations of And when I say that I will not follow them upon other ques­ this system of government, .and calls for a decision uyon the tions, I mean to convey the idea that the people of South Caro­ possibility of the perpetuation of Democratic institutiOns. A lina will no longer follow the leadership of men who assume free government, such as this, c.an only exist while it commands that they are the Democratic party of the nation and reflect and the patriotism: love, and fealty of its subjects; and it can only give utterance alone to true Democratic principles and doc­ reach a higher development and a more glorious achievement trines. by bestowing its greatest rewards and honors upon wisdom, I mean to say that any tariff law, any revision of the tariff merit, integrity, honesty, virtue, frugality, and indus try, there­ which shall be offered here under the same auspices as those by encouraging those virtues and stimulating the youth of the which now propose to commit the crime against silver, will be land to strive for them. open to such suspicion a.s to preclude any Democrat from lending On the other hand, when political success is known to be the it his support. A tariff law, sir, prepared by the hybrid politi­ result of low cunning or the suppression pf principle, and the cal alliance, now marshaling its ranks for the suppression by highest gifts and honors of the nation are bestowed as a reward force of the voice of the people in this Chamber, must inevita­ for a pliant conscience, a premium is placed upon corruption, bly be regarded by the rank and file of the Democr~y of the and it would be a thousand times better to sweep away all sem­ United States as a part of the con.spiracy against.silver desired blance of popular government at once and resort to a monarchy. to be .consummated here. Such being the case, when I assume Despotism crushes, while corruption debases. Of all things, the attitude that I have indicated, I believe that I speak for the corrupt practices and methods., which depend upon the corrupt people of my State. use of oower for success, are most tD be dreaded in this form of As for them and myself, there could never be a desertion of, government. It is better, sir, lor the present ills to continue any withdrawal from the Democratic party, so long as it pursues until we can agree upon a 3ust and equitable solution of them, the policies of its platform. The Democrats of the United States, than to submit to the youth of this nation the sad and humili­ sir, prefer to follow the platform of the Democratic _party than ating spectacle of a Democratic minority combining with theRe­ that contingent of the Democratic Senators who have plainly publicans under the whip and spur of the Executive in order to 1893. OONGRESSION.A.L RECORD--8EN.ATE. 2387

S.egislate in opposition to the wishes and :financial interests of with having resorted to obstructive methods. It is true they the great masses of the people. have debated and discussed the question. You can not and will Again, I bid you of the opposition halt! Halt before it is ~or­ not charge them with having willlully wasted time for purposes ever too late. We have now come to the forks of the road, and of delay. I havebeenat some pains toexaminethe RECORD and 1., for one, will perish before I prove recreant to the high trust find that while the 32 opponents of repeal have spoken, 22 of its ~ep o sed in me by the true Democracy ol South Carolina. Apply champions have also spoken.

7the torture you propose, if you will, but the proud spirit of I refer to careiully prepared and set speeches. There have American liberty will no more heed such tactics than the chaste been as many if not more interruptions and colloquies brought moon heeds the baying of a mangy cur. This proud, this grand, on by the friends than by the opponents of repeal. The friends this truly American spirit of pure Democracy will p !iss on to of the pending bill have consumed about one-third of the time higher and grander achievement based on absolute truth, equHy, oi the Senate in discussing this measure. With this record all and justice. must admit that if there has been any delay it can not be laid From the very moment you vote to perpetrate this proposed at our doors alone. I desire to call att:mtion to this pertinent act, which I balieve to be a crime against the productive interests fact, which is also taken from the REcoRD: During the past three of the nation, neither my people nor I will longer follow your lead. weeks there have been numerous roll calls to ascertain if a quo­ Again and in conclusion, I beg of you as you love your country rum was present. On many of those calls more Senators who and its glorious history, halt! As you love the Democratic party are friendly to silver answered to their names than antisilver and its pure principles, halt! And as you love the priceless Senators. On no one of those calls did 32 antisilver Senators boon of civil liberty, and would transmit it as an unstained her­ respond. At any time the silver men could have stopped the itage to posterity, halt! I have given you fair warning, and if business of the Senate by simply refraining from answering to the Democracy be now divided the entire responsibility must their names. We have been more anxious to proceed than have rest uoon you. [Applause in the galleries.l ~ our opponents and have constantly furnished a quorum. The... PRESIDING OFFICER. The Ohair desires to admonish I desire, too, to state the posi~ion of individual Senators on the the galleries that demonStrations of approval or disapproval of pending bill so that the country may understand it. Any Sen­ what occurs on the floor of the Senate arein violation of the rules ator may verify my statement by checking up the Senate roll. of the Senate, and a repetition of the conduct on the part of those There are 39Senators who favorunconditionsl repeal; 38 Sen­ in the galleries will lead to their being cleared. ators are opposed to unconditional repeal, and would so vote. Mr. COCKRELL. Mr. President-- Eight Senators are against free coinage and against uncondi­ Mr. DOLPH. Will the Senator from Missouri yield tome for tional repeal, and -desire a compromise between the two which a moment? will furnish a constant and continued use of silver. Some of Mr. COCKRELL. I must decline to yield any further. these eight h ave introduced amendments which they would pre­ Mr. DOLPH. It is only in regard to the printing of some fer, but all of them are anxious to reach a basis ol settlement on maps accompanying a commmunication which came to the Sen­ a compromise. I admit that most likely every one of these eight ate yesterday, and to the printing of which the Senator then ob­ Senators would vote for unconditional repeal if forced to a vote. jected. Their reasons are honorable and sufficient for themselves and Mr. COCKRELL. I think that can be done afterwards. I their motives are not questioned. They would much prefer not have yielded more time than I anticipated, and I am anxious to to be forced to vote on the pending bill, however. · proceed. Another fact, which is important, must be patent to Senators. The PRESI DING OFFICER. The Senator from Missouri is The country has been steadily drifting to the silver side. While entitled to the floor. the daily newspapers in the large cities, and the b.1nkers, are [Mr. COCKRELL resumed, and concluded his speech. See abusive and intolerant and clamorous for repeal, the people are Appendix.] ' making their wishes known to Senators through public meet­ ings, privatecommunications,andcountrypapers in such a man­ Mr. ALLEN addressed the Senate, in continuation of the ner as to make their influence felt. speech begun by'him on the 7th instant. After having spoken New York City has been most anxious for repeal, to judge some time, from its press and the activity of its m oneyed interests, yet the Mr. DUBOIS said: Will the Senator from Nebraska yield to Republican State convention, in its platform adopted last week, me? says not one word on the subject, but, -on the contrary, favors T he VICE-PRESIDENT. Does the Senator from Nebraska bimetallism. They h ave no word of condemnation of our course, yield to the Senator from Idaho? and none of praise for yours. It is significant, and I am very Mr. ALLEN. Certainly. glad that the party to which I belong is coming so quickly and Mr. DUBOIS. Mr. President, it has passed the hour of 6 unmistakably to the support of silver and the people. · o'clock, the usual time of adjournment. The Senator from In­ I have gone thus somewhatintodetail, showingtheconditions diana [Mr. ~OORHEES], who has charge of this bill, usually which exist in the Senate and outside of it, to make plain the moves to adjourn at that hour. I ask him if he is going to make lack of cause, uselessness, and unfairness of resorting to the that motion this evening? methods which you have apparently inaugurated. 1\'Ir. VOORHEES. Mr. President, I feel it to be my.highest You know as well before you start in as you will when you duty not to make that motion this evening, but, on the contrary, emerge that you must fail. Conditions such as exist in the Sen­ to ask the Senate to stay togetherincontinuoussession until the ate preclude all hope of :radical legislation. You are as likely pending measure is disposed of. to pass a free-coinage bill as you are to absolutely destroy silver. Mr. DUBOIS. Will the Senator from Nebraska yield to me It looks as though you wera trying to convince someone outside for a few moments longer? of this Chamber of something which you already know your­ Mr. ALLEN. Certainly. ~ selves. Even if you accomplish that, the result will not justify Mr. DUBOIS. The statement of the Senator from Indiana the ordeal which you will compel Senator.3 to underg-o. There means that the Senate is to be held in continuous session until are distinguished Senators on this floor, now in the decline of the pending bill is brought to a vote in the Senate, or until it is life, who have served the Republic with patriotism and honor ·.. demonstrated that it can not be brought to a vote. · for many years. Their br ains are as clear and their convictions I feel that this is a fair statement, having in mind the notice as strong as thirty years ago. ser>ed on the Senate last Saturday by the distinguished chair­ In a combat where learning and ability is a factor, younger man of the Finance Committee, as well as the presentattitude of men would be at a disadvantage; but in a game of this sort, re­ the Senator and his supporters. quiring nothing but physical strength, they are placed at tre"" I should be pleased to consider the situation in a dispassionate mendous if not dangerous odds. Unless the reasons are power­ manner with those who are resorting to this unjust and unusual ful you should not put these Senators (some of whom, also, are procedure. Let us be frank with each. other in an honest pre­ not well) to this test. They are entitled to our solicitude and sentation of facts in order to avert, if possible, the undignified care. They have our most profound respect and admiration. and !l.ncalled-for exhibition which we will afford the country. They merit this on account of their g rea tabilities. Il my friend, The question before us is far-reaching and most important. I the distinguished Senator from Indiana, will pardon me, I class think that I do not overstate when I say that its settlement for him with the Senators I have just been describing; and I cap not or against silver will more directly affect this country for good think he desires to subject himself or other Senators whom he or bad than any legislation which has been before Congress sees around him to this hardship. Hls well-known kindness of for thirty years. It should be debated, then, with calmness and heart precludes such a thought. He is impelled by that strong without pt·ejudice. The reason of Senators should be appealed sense of duty which has a.lways been his guide, and he himself to. This legislation should not be rushed through by inhuman no doubt will. submit to this torture as long as nature holds out. methods and brute force. There is no argument in that which Is there any sense in it or justification for it? We think not. will satisfy Senators or the country. We regard it as unusual and indefensible. We have never in­ You can not charge the opponents of the pending measure terposed any obstructions even to the long hours which the Sen- 2388 CONGRESSIONAL RECORD-SENATE. OCTOBER 11,

ate has been keeping. We have maintained a. quorum for you I would have been glad to have done so at an earlier period, but and have offered no objection to your management of business. I had no rule to enable me, and whether young men or old men, ll you havtl concluaed to abandon appeals to reason and judg­ we have to present. the spectacle to the world of testing our ment and to risk the settlement of this great question to the test physical endurance to get to a vote upon a question like this. of which side can stand the most punishment, we desire to give Sir, this episode in our history will result in reforming the notice now that we shall protect our side in every way possible. rules of this body. I am ready at the proper time (not in con­ We will insist that you furnish the quorum, and that you keep nection with heated discussion as we are in now) to vote for some it constantly in the Chamber even if it necessitates innumerable measure by which a termination of debate can be reached. Other­ roll calls. We will not aid you in this or in anything else which wise this body will lose its proper inflllence and standing before will tend to prolong the struggle and the discomfort of all. The tbe American people and befpre the world. responsibility for what is to follow must rest wi.th you as well as Yes, I repeat, that this body must have rules by which to con­ its physical effect upon individual Senators. clude discussion and reach a vote of a character higher, more Mr. VOORHEES. Mr. President, the great respect I enter­ reasonable, more sensible, and more decent than the rule under tain for the Senator from Idaho, and the more than respect, the which we are acting now. affection I bore his father in his lifetime, precludes me from any I stand here asking the opponents of the bill whether they will feeling of resentment toward the somewhat dictatorial tone he has name any day, and they will not; whether they will name any adopted. As he grows into the ranks of those he commiserates, time, and they will not; and they will resort then to dilatory has a little more age, perhaps he will not assume so much; and I measures to prevent adion being taken at all. Who is to quit? would now suggest to him the ol9. saying, "Let him who taketh Who is to stop? his armor off boast himself, and not he who puts it on." We will Sir, Iwouldrather be carried from this desk feet foremost and see later on who fails in this transaction. I feel that my feet are be laid to sleep at my dear home in Terre Haute forever than to on a rock, and there I shall stand and vindicate a great and yield the principle that the majority has the right to govern. I mighty principle. stand here for the highest principle of free government known But before I go further, I ask the Senator from Idaho whether to men or known to history. We started in here some weeks ago he will fix. any future day to take a vote? Will he fix a day at all to discuss the repeal of a bad measure of financial legislation. I on which he will be willing to vote? He has assumed to have have nothing to say on that question now, but we have reached a majority here, or so near it that this is a doubtful question. I a higher question than that. We have reached the principal suggest to him that we try and settle that doubtful question; question of free government. We have reached the greatest and if he will indicate a day I will be obliged to him. I will sa.y problem of free constitutional government. We have reaehed in this connection I have tried to be liberal on the subject of the question whether we have a Government that can adminis­ freedom of debate. I think I have succeeded. I have succeeded ter itself by a lawful majority. beyond the approval of a good many people away from here who Idle, vapid talk has taken place in the papers in regard to do not understand the situation. I have not cramped the boun­ abolishing the Senate of the United States. The Senate of the daries of discussion. We have had a great debate, and if it was United States can no more be abolished than the Constitution, the plea now that Senators on the other side had not fully dis- for it is a great part thereof; but it can be governed by rules of - cussed this question, !would have more toleration for the propo­ its own making so as to make it a self-acting, a proper and a rea­ sition of obstruction than I have now. Therefore, I again ask sonable body of deliberation and legislation. the Senator from Idaho whether he will name a day at any time I confess, sir, that when I confronted this question, when it for a vote? fell to my fortune to manage the pending bill and I found how Mr. DUBOIS. Does the Senator want an answer now? powerless I was, it almost paralyzed my energies of action. ~ Mr. VOORHEES. Yes. found myself clothed with a mighty responsibility, a keen, eager, Mr. DUBOIS. I thank the Senator very much for his kind hungry expectation on the part of the public for speedy action, allusions to myself; but be knows as well as I do that there are without any power at all to respond to it. Never, sir, dol desire distinguished Senators on this floor who have made a study of to be placed in such an attitude again. Never do I desire any this subject for years and wl).o have not been heard. The fact other man to be so placed, and he never shall be if by my agency is it has been very difficult for Senators to get an opportunity to a reform can take place in the rules of this body whereby a gen­ make speeches. The Senator from Colorado [Mr. TELLER] has tleman standing in the attitude I am here to-night shall be not made his speech on this question. He has been cut off. He clothed with power, power under the rules, power under the has made parts of speeches, but he has not made a continuous Constitution, power under the laws, not lawless power but power speech. The Senator from Nevada [Mr. JONES] has not spoken regulated by law, to bring about a vote. at all, and there are other Senators. There have been at least Mr. President, I am tender of minorities; I would not injure half as many speeches made on your side as ours, and some of the minority here, but shall the minority govern? Answer me, them need answering. I can not tell, nor can anyone .tell, when Shall the minority govern? Somebody has to rule. Somebody the debate should properly close on this subject. has to control this body. Shall it be the minority or the majority? Mr. VOORHEES. Mr. President, can! notgetmyyoungand The Senator from Idaho signified that possibly they had a esteemed friend to indicate approximately some time when those majority, and then I said let us ascertain that by a vote and we Senators could get done speaking? I should be very glad if he will submit to it gladly, willingly; if we are the minority, will would make a suggestion of how much time, or nearly how much you? No. Then the question comes whether or not·we h ave time, would be satisfactory? But without pressing him further, a government at all. The question comes whether the Senate I understand the situation perfectly well. There will be no day can be governed by a majority, or whether that vicious principle named. If there could be a day named on the other side of the in government, the most vicious known in human history, that Chamber or on this side by the opponents of the pending bill we thefewshallgovern the many, shallobtain. Throughoutmylife, would come to an understanding directly. It is because obstruc­ which in some of its parts has been a stormy one and is not now tion pure and simple is resorted to against legislation that we short, I have stood for the rule of the m ajority, and whatever are in the condition we are now. the majority pronounces under the forms of law ought to be I regret extremely, Mr. President, to have to resort to the gracefully submitted to. I stand for that simply to-night. methods now before us; but the Senator from Idaho is mistaken I stand here not talking of compromise, either. A great deal when he says they are unusual. They have been resorted to has been talked of compromise in the last week. I have not hundreds of times. This is not the first time by very many that shared in it. There is a mighty principle involved in this ques­ I have sat under the gaslight in the years I have been here. 1 tion, and I am going to the end with it, so far as I am concerned. h ave sat here all night on great questions and looked at the If I go down I will go down with my flag nailed to the masthead. stars as they faded out of the sky in the morning. So it is not If compromise is to take place, compromising on the principle unusual. The Senator is mistaken. that the minority has the right to dictate, it will be done by Mr. HOAR. Will the Senatorfromlndianapermitme tosug­ others and not by me. gest that the Bland-Allison bill, passed by the friends of silver, Mr. President, one or two other things I might say; in fact, I was passed at a session which lasted until about 5 o'clock in the will. I see myself criticised every day for the failure of tlie pas­ morning? sage of the pending bill at an earlier period. If there is a Sen­ Mr. VOORHEES. There are so many such instances that ator on either side of the Chamber, friend or foe of the measure, they pass before my memory like a kaleidoscope, and I can not who knows how that could h ave b~en done, and be will arise and distinguish them. convince me of that, I will remain silent forever hereafter . The Senator from Idaho said it was unjust. Who makes it I h ave been criticised for my bearing towards the opponents of unjust? He speaks of it as inhuman. Well, I am not inhuman the bill. I saw in one paper, from Boston I think, that I should in my nature. It is notmydisposition to hurt anybody; I would have denounced the Senators opposed to repeal as ferre natune, have let the fly out of the window as soon as Uncle Tobydid, but wild animals. Sir, I am proud of the fact that I h ave treated I am here charged with a great duty, together with Senators each representative of an Am..erican State as a Senator should be around me. It is the duty of legislation. We must go forward. treated, so that when it is all over it will not be said that I have 1893. CONGRESSIONAL RECORD-SENATE. 2389 narrowed my mind by any unworthy passions, that I have not Indiana, in his management of the pending bill. It affords me belittled the place I hold here by casting aspersions upon Sen­ quite as much pleasure to say that if he had been the veriest of ators who are sent here by States and are necessarily the peers martinets he was powerless to have secured action earlier than of every or.her Senator. So far as I am concerned in this dis­ action may come, for while he has been courteous to every Sen­ cussion and the struggle on which we now are entering, pro­ ator, he has been generous, liberal, and fair in his deportment ceeding into the night, and to-morrow and to-morrow night, it in the management of the bill, he has from time, to time, and will be conducted to the end upon the same principles of de­ continuously, urged that its consideration be hastened and a corum, dignity, honor, and fairness which have thus far char­ conclusion reached at the earliest practicable moment. acter ized it. I hold the Senator from Indiana blameless in his management I have no criticism to make of the bearing of Senators in oppo­ of the bill; and while it is now half aft.er 6 o'clock, and we have sition to the bill. The Senator from Idaho in his well-turned been here in session since 11, making seven hours and a half of sentences said, awhile ago, that when the roll was called at continuous session, long after the usual hour of adjournment, I times here during the last two weeks there were more of them desire to say for myself-and I know I voice the sentiment ot in attendance than on our side. That is true; but the reason several Senators on this side of the Chamber, who, like myself, why there was not more vigilance on this side was my knowledge will never vote for the unconditional repeal of the law under of the fact that an agreement entered into with the Senator consideration-if the Senator from Indiana, in charge of the from Colorado, who sits here near me [Mr. TELLER], was as bill, desires us to sit here and go on, I will never ask the Senate binding as the laws of the Medea and Persians and would not be to adjourn, nor will I vote for an adjournment. He shall have broken. I knew that perfectlr well. the session, so far as I can control it, as long as he may desire. Now, a word in regard to criticism upon what is styled leader­ Mr. JONES of Arkansas. So s9.y we all. ship. Sir, I assume no leadership. Providence and the kind­ Mr. HARRIS. I know I voice the sentiment of several Sena­ ness of my people at home have placed me where I am, and I tor on this side, who, like myself, will never vote for uncondi­ have to do my duty, but in doing so and in assuming the man­ tional repeal, who would gladly meet upon any reasonable com­ agement of the bill, how is it to be done except under the rules promise ~round, and adjust this question and settle it upon a of the Senate? The rules of the Senate are the emanations of compromise ground. But if we can not do that, so far as I am the Constitution of the United States; they are provided for in concerned, and so far as the few Senators who I know are in full the Constitution; and when each Senator takes an oath upon his sympathy with my views are concerned, you will not beannoyed admission here he swears to support the Constitution, and con­ by any motions to adjourn. We will stay with you. I am not sequently the rules and laws which govern this body. I have quite as robust as I was forty years ago; but I will stay here and had it suggested to me frequently, by letter and in the press, to answer the roll call. go outside of the rules, to appeal to the Presiding Officer of this Mr. President, this is all I care to say. body to sustain me in a motion not provided for in the list of Mr. BUTLER. Mr. President, as one of those who is opposed motions, not provided for in the rules, to proceed to a vote. I and has been opposed to the pa.ss:tge of House bill No.1, I can would as soon think of CQmmitting open high tre:1son, or pri­ not permit the observations of the Senator from Indiana to pass vate murder, as to conimit such a crime. Perjury is an ugly without a brief notice. thing to rest upon the human soul. Like the Senator from Tennessee, I acquit the Senator from And now, while on this point, allow me to say another thing. Indiana-if any such acquittance is necessary-of any illiberality This debate seems very long to a cerbin class of people. It, in­ or ungenerous conduct or unfairness in the management of the deed, seems long to us here, because we have all been in it and pending bill; and if the Sen~ttor will permit me to say it in his are tired. But you and I are aware, Mr. President, that there presence, he is incapable of injustice or unfairness or ungener­ are instances in American history where debates have taken osity, whether as to minorities or majorities. But when the place in this body four times as long as this. When I am criti­ Senator shtes that the issue now confronting us is whether the cised for allowing debate, when I am criticised for granting Government shall stop whether the Senate of the United States freedom of discussion that has run now to thirty-three days ot is capable of self-government, I submit to him he has gone one ootual occupancy-in regular order-on this bill, because that step beyond the issue. has been done it has struck a great many people that too much Are we to be told, sir-is this country to be impressed with the liberty has been given. conviction, that because House bill No. 1 can not pass the Sen­ Why, sir, the admission of States, great questions involving ate there is revolution in this country, and that the Senate can personal freedom, the right of habeas corpus, trial by jury, the not govern itself? Is that the idea? reconstruction and preservation of States, have occupied this Was the present session of Congress convened for no other body time and again until the debate in this case would appear purpose except to repeal what is known as the Sherman law? but a speck of time. The admission of California and the settle­ Was it for that purpose, in a disagreeable period of the year, at ment of the Territorial questions therewith connected lasted 2'reat personal inconvenience to every Senator and Representa­ nearly seven months, almost entirely occupying the time of the tive, we were summoned here, and for nothing else? I submiti Senate. The admission of Missouri and the compromise attend­ in common fairness to those who have been opposing this bil ing it lasted nearly three months. Otherinstanceslmightcite and who are now opposing it, that that conclusion is neither le­ without number. gitimate, logical, or fair. But we will derive a lesson, nevertheless. in connection with Sir, I have in my hand the Calendar of this body, crowded with the present debate on account of this criticism, for it shows us subjects for legislation, teeming with important measures de­ that the question of money and financial stringency and crisis, manding the attention of the Senate and of Congress; and yet, trouble in monetary matters, are a far severer test to the patience because we have occupied a few weeks in debating the proposed 1 of the people than even the loss of the great foundation princi­ repeal of the Sherman law, we are told that we are filibusters, ples of liberty or the exclusion of States from the Union. obstructinglegislation,stoppingthe Government, guilty of revo­ I must be pardoned for saying that this I think is about the lution. first time certain moneyed classes and moneyed interests have For myself I say, here and now, the taunts and sneers and accu­ ever taken notice of a long debate in the Senate, because it sations brought against me personally by the press in certain touches them as it-never has before. But taking it all together sections of the country have no terrors or concern for me. I am I meet the situation with saying the best has been done which under myoath to support theConstitution,discharging my duty the rules permitted so far as I know; and now, and in de .1 lt of as I understand it, and not as it is dictated to me, or attempted any answer when a vote can be reached I invoke the sp1rit of to be dictated to me by newspaper editors, by chambers of com- wisdom, fairness, patience, and manhood on both sides, and we merce, and boards of trade. - wHl proceed. I deny it now, sir; it is not true, in my judgment and belief, Mr. President, I have not a doubt of the result. The majority that there is a majority of the people of- the United States in can govern. The majority ought to govern. The majority must favor of the unconditional repeal of the Sherman law; and it govern. It is the law of our being that it should be so. The our institutions permitted it, I would be quite willing to go to spirit of this Government is on my side of this question. The the people of the countryonit and submit ittotheirverdictand spirit of liberty regulated by that law is that, with proper respect decision. I believe an overwhelming majority of the people of for the rights of a minority, the legally ascertained majority the lJnited Sbtes would be with the so-called minority in the must and shall govern. I feM at this important hour that we Senate in regard to the unconditional repeal of the law of 1890. have swept beyond the magnitude of the mere repeal of the Sher­ If we have· any evidence by which we are to be controlled or man act into the greater and higher question, shall this Govern­ will be controlled, the last verdict of the American people was ment be a government of majority or shall a minority dictate? rendered in November last, and while a part of that verdict was Shall the many govern or shall the few? the speedy repeal of the Sherman law, there were other princi­ ¥r. HARRIS. Mr. President, it affords me great pleasure to ples involved as well to which that verdict and judgment re­ s a~ that c.ertainly no Senator can pomplain of any want of liber­ lated; and for one I do not intend without a protest to hear the ality or kmdness of conduct upon the part of the Senator from proposition of the Senator from Indiana that a majority of the I I

2390 CONGRESSIONAL RECORD-SENATE. 00TOBEE 11,

people of the United States demand the unconditional repeal of knows the great ~d brilliant services to the country rendered theShermanlaw. Whereis theevidenceof it:> The New York by my distinguished friend from Indiana, knowing as we all do press'? Does that represent the majority? The chambars of com­ the capacity of his great big heart, and equally knowing as we merce and boards of trade? Do they represent the majority of do his unswerving courage when he thinks he is right, 1 would the great millions of American people? I do not think so. So appeal to that distinguished Senator to throw himself into the I am not quite content to sit quietly and permit that allegation breJ.ch. It would be no derogation of his high dignity, it would and statement to go uncontradicted. be no detraction from his eminent sarvices. It would add new This measure is not the pivot upon which the Government re­ laurels to his long and brilliant and distinguished eareer. volves; it is not the crucial test of republican institutions, for I believe, and I state it solemnly and sincerely, that he more the Senator from Indiana himself said that never before had the than any other one man on this continent to-day can by throw­ moneyed interests of this country manifest-ed so much interest. ing himself into the breach settle this controversy honorably, It touches their pockets, and they have created, in my judg­ fairly, and legally, and make such a settlement as will leave no ment, a false opinion in this country by undert::tking to raise a sting in it, make such a settlement as will carry the party to clamor against the Senators who are opposing the pending bill which he and I belong Ior\vard in the great mission which the as obstructionists, and filibusterers, and revolutionists. Mr. American people have bestowed upon it. That, sir, is my judg­ President, it is not always that portion of an audience which ment. My disting-uished friend (and I know he will permit me makes the most noise that necessarily represents a majority. to call him my friend) will pardon me if I have transcended the The experience of all of us convinces us of that fact. The mon­ limits of propriety in making this appeal. But, sir, the people eyed interest to which my friend from Indiana referred is dor­ whom I have the honor in part to represent on this floor feel as mant, silent, unheard anywhere, whilst the liberties of the profoundly as the people feel in the city of New York or in the country might be trembling in the balance. They do not get city of Boston or the city of Philadelphia or any other financial their newsp:tpers and their lobbies to flood the Senate and the center, and in justice to their rights and what is due to them, as country with clamors and representations that we are in danger I understand it, I shall never consent, if I can prevent it, to the except as the Senator from Indiana has stated, when their pockets unconditional repeal of the Sherman law. are touched we hear in thunder tones that we are on the eve of a Mr. ALLEN rose. great and solemn crisis, that a revolution is impending, that the Mr. DOLPH. Will the Senator from Nebraska yield to me Senate is a failure and must be blotted from our system of gov­ for a moment? ernment. Mr. ALLEN. Yes, sir. The Calendar of this body is crowded with other matters of Mr. DOLPH. While I do not share in the impressiDn which legislation requiring our attention. 'rhe very first bill on the prevails that the Sherman act is responsible for all our troubles, Calendar is a bill to provide for the issue of circulating notes to I expect to vote Ior the repeal of the purchasing clause of the national banks, ''reported by Mr. VOORHEES, Committee on Sherman act if we ever come to a vote; but I desire to make a Finance, read twice." Then there is a bill referring to the Court suggestion now to our friends on the other side (in view of what of Claims the claim of William E. Woodbridge, etc. That is a has been said about the rig-ht of a majority to rule and the ne­ private matter, of course. The next is a bill to repeal Title cessity for rules in the Senate by which that right can be se­ XXVI of the Hevised Statutes of the United States known as cured) to a matter of history which ought to be fresh in the the Federal election law, reported by "Mr. HILL, Committee recollection of Senators because it is so recent. on Judiciary." That is of no consequence; there is nothing at On the night of the 21st of January, 1891, the Senate under­ all in that. Oh, no. Send your marshals and your supervisors took to sit out and secure a vote on a measure which was pend­ and your paid minions to destroy the rights of the people and it ing before the Senate and had been under discussion for a long is all right; not one word is said or heard about it. time. My friend, the junior Senator from Florida [Mr. PAscoj, That bill is pending before this body. It involves a right much was one of the Senators on the other side of the Chamber who dearer to the people than the question as to what shall be the was evidently deputed to be on hand and watch the proceedings. form of their currency. There is not one word heard, tlfere is When the Senate became a little thin the junior Senator from no step taken to consider that bill; but as the Senator from Idaho Florida moved a call of the Senate, and it resulted in showing has stated, when we debate with deliberation and candor and that 42 Senators were present. frankness House bill No. 1 (within rea.sonable limits, I insist.), Mr. HAHRIS. What was the measure under consideration weare told that it is the end of the constitutional government at the time to which the Senator refers? and that liberty lies bleeding in the streets. I find here sixty­ Mr. DOLPH. The Federal election bill. two measures now pending before the Senate in the forms of re­ Mr. GRAY. No; it was an amendment of the rules. ports of committees, besides seventeen subjects on the table' for Mr. DOLPH. Or it w·as a proposed amendment of the rules. consideration. Mr. GRAY. It was an amendment of the rules providing for Mr. President, I do not desire to see the day ever arrive in a cloture. this country when a minority shall control its destiny. I believe Mr. HARRIS. The force bill, as it was called, waa displaced in the doctrine of the majority exercising its powers and rights by a motion of the Senator from Rhode Island to take up the under the Constitution of the Union, but I shall stand here now cloture rule. and as long as I am honored with a seat on this floor, and con­ Mr. DOLPH. That is true. test with .my honorable friend from Indiana inch by inch and Mr. HARRIS. That is the history. step by step every infringement he or those who think with him Mr. DOLPH. I remember the disoussion very distinctly, be­ may attempt upon the legitimate constitutional right of the mi­ cause I par.ticipated in it. nority in this body. Mr. HARRIS. I remember it very distinct,ly, because:r was Sir, if we are at the end of our usefulness upon this measure I very deeply in it. [Laughter.] invoke the powerful aid of the distinguished and able Senator Mr. DOLPH. The Sena.torfrpmRhodeisland[Mr.ALDRICH] from Indiana in the passage of the bill reported by the Senator moved that the Sergeant-at-Arms be directed to request the at­ from New York [Mr. HILL]from the Committee on the Judiciary tendance of absent Senators. That was ordered, and the Ser­ in favor of the repeal oi the Federal election laws. Mr. Presi­ geant-at-Arms then made the following report to the Senate: dent, I submit, in all candor and frankness and honesty, this at­ SERGEANT·.A.T·ARMS UNITED STATES SENATE, tempt to convince the Senate and the country that the Govern­ Washington, January 21, 1891. ment is to be stopped, that constitutional liberty is to be de­ Sm: In obedience to the order of the Sen:tte received by me at 9:40p.m., di­ stroyed, that republican institutions are to be no more because recting that I request the attendance of absent Senators, I have the honor to report that I have requested the attendance of Senators SAWYER and forsooth this body can not under its rules pass one measure, pales Spooner, who responded that they would come a.t once; also Senators into insignificance as compared with other measures now pend­ .FAULKNER, GORMAN, BERRY, COKE, and Carlisle, Who were enjoyin {lunch in the Democratic conference room of the Senate. and they responded that ing before us. they would come when they got thl·ough with their lunch. The order is But! suppose, sir, the ukase has been issued, the imperial edict being further executed by deputy sergeants-at-arms. has been given to the world that this measure must pass and the Very respectfully, country's Government must stop until it does pass, and we are E. K. VALENTINE, Sergeant-at-Arms United States Senate. called upon to obey. For one, I shall not obey as lo~g as I. have The PRESIDENT OF THE SENATE. the power under the Constitution to express my d1sobed1ence. I shall not now enter into the merits of this matter. I beg par­ The Senator from Rhode Island then moved that the Sergeant­ don of my disting-uished friend on my right [Mr. ALLEN] for at-Arms be directed to compel the attendance of absentSenators, taking up so much of his time. The Senator from Tennessee and that motion showed the following nays: Messrs. BATE, [Mr. HARRIS] has said, and I reiterate and reecho the sentiment, COCKRELL, HARRIS, MORGAN, Payne, and myself. I voted for .' that he and I .and those who think with us are prepa.red in the reasons of my own; I think because I desired to raise the ques­ exercise of our constitutional duty hereto meet our friends more tion as to the power of the Senate to compel the attendance of than half way in regard to the pending measure. absent Senators. I certainly. must have had some reason. The If I had the right to do it, knowing as I do and as the country Senat-or from Delaware [Mr. GRAY] changed his vote in order -. 1893. CONGRESSIONAL RECORD--SEN.ATE. 2391

that he might move to reconsider. He voted in the affirmative, This shows that om· friends on the other side have not always and then moved to reconsider, and, after quite an exciting col­ been quite willing that the mEl.jority should rule, and that they loquy between him and the Presiding Officer, the vote was taken have been quite willing to make such an attempt as is being and showed -the following Democratic Senators in the nega­ made here to-night to force it. Now I am going to stay with the tive-- Senator from Indiana as long as he can .secure a quorum. Mr. GRAY. The then Senatorfrom New Hampshire, Mr. Blair, Mr. GRAY. I ask the Senator from Oregon H he has read all was in the Chair. I remember the circumstance. that to help the Senator from Indiana? Mr. DOLPH. The follo,ving Senators voted in the negative: Mr. DOLPH. I propose to say that I am going to stay with Messrs. BATE, GRAY, HARRIS, MORGAN, and PASCO. Five the Senator from Indiana as long as he can procure a quorum. Democratic Senators represented on this .floor the negative. If it is demonstrated that there is no power in the Senate to com­ Then the following order was made: pel the attendance of absent Senators, or if there fails to be a "UNITED STATES SENATE, quorum at any time, I am going home. I am not going to stay "Washington, IJ. C.• January 21, 1891. here to take part in a farce, as every att-empt to sit out a bill "Ordei·ed, That the Sergeant-at-Arms be directed to use all necessary meau.s since I came into the Senate ten years ago has proved a farce. to compel the attendance of absent Senators, except those detained on ac­ We have never secured a vote on any proposition whatever by count of sickness." Mr. GRAY. 1 rise to a point of order on a question of the highest privilege. such means. The PRESIDING OFFICER. Debate is not in order. Mr. ALLEN. Mr. President, the Senator from Indiana{Mr. Mr. GRAY. I rise to a question of order. VOORHEES] and the Senator from Idaho [Mr. DUBOIS], as well The PRESIDING OFFICER. The Senator will come to order and take his seat. Mr. GRAY. I rise to a question of order. as the Senator from Oregon [Mr. DOLPH], are in error some­ The PRESIDING OFFICER. No debate is in order. what in this discussion. The Senator from Indiana addresses Mr. GRAY. I rise to a question of order. I want to state my point of or­ the Senator from Idaho as representing what he calls the other der. I address the Chair respectfully to give me an opportunity to statelllY point of order. side of this question. The Senator from Oregon speaks of the The PRESIDING Ol!'FICER. The Chair will read th.e rule of the Senat-e. two different parties. I desire to remind those Senators that Mr. GRAY. I raise a question of order, and request the Chair to hear my there are three parties in the Senate; and with all due respect point of order. The PRESIDING OFFICER. The Chair declines to hear the Senator. The for my friend from Idaho, he has no power to speak for the Popu­ Senator will take his seat. list p:1.rty so far as it is represented here. There is no occasion Mr. GRAY. It is a queslion of the highest privilege. for the Senator from Indiana to conclude by any means that the Tbo PRESIDING OFFICER. The Chair declines to recognize the Senator. Mr. MORGAN. That is an outrage. country is going to the dogs. Mr. GRAY. Of course it is anoutra.ge. It is quite true that a majority have a right to rule in this Mr. VEST. It is a gross outrage. country, but they have a right to ru~e only when the minor­ There were several roll calls. At the next roll call there ity have expressed their opinion according to legal methods wereinthenegative: Messrs. BATE, COCKRELL, GORMAN, GRAY, and in accordance with the Constitution or the statutes creating HARRIS, MORGAN, and PASCO. and giving power to the minority to express themselves. Noth­ At thenextone, therawerein the negative Messrs. CocKRELL, ing is better settled in this country (and 1 diverge at this point GORMAN, HARRIS, MCMILLAN, MANDERSON, PADDOCK, PASCO, for a moment) than that this Government is a Government of laws, Spooner, and STEWART, and so on. not of men; and whenever the Constitution gives a minority the These votes show the number of Democratic Senators present. right to contest the ground occupied by a majority and eventu­ I will simply state that after these proceedings were continued ally bring them to their senses, if they have lost their senses untilll o'clock and 51 minutes, nearly midnight, the Senate ad­ upon any public question, the minority have a right to do that journed untll Thursday, January 22, 1891, at 10 o'clock a.m. without being charged with being filibusterers or obstructing The majority did not prevail there. After that I did discuss the th~ orderly conduct of the Government. question somewhat with the Presiding Officer as to the power I am one of the Senators in this Chamber whoconscientiously of the Senate to compel the attendance of absent Senators, and believe that the Sherman act should not be repealed unless the the next day, on the 22d of January, I introduced the following repeal is coupled with oome measure looking towards the coin­ resolution: age of silver. I am one of the Senators in this Chamber who Mr. DOLPH. I of!er a. resolution for reference to the Committee on the believe that silver money is the money of the Constitution. 1 Judiciary. am one of the Senators who believe that to abandon silver money The VICE-PRESIDENT. 'l'he resolution will be read. is a direct, open, flagrant nullification of a constitutional pro­ The Chief Clerk ead the resolution, as follows: .Resolved. That the Committee on the Judiciary be, and they are herAby, di­ vision; and as long as I so believe I shall resort, as far as I am recteJ. to inquire and report to the Senate, at as early a. day as practicable, concerned, to every constitutional and lawful method to obstruct whether clause 3 of Rule V of the rules of the Senate is such a compliance the destruction of the Sherman act until the majority, if there with the requirements of section 5 or Article 1 of the Constitution as to the manner in which the attendance of absent members may be compelled, as is a majority here in favor of its repeal, are brought to a real­ to authorize less than a quorum of the Senate when in session to compel izing sense of the injury they would inilict upon the country by the attendance of absent members. and whether a direction by the Senate, an unconditioual repeal. less tnan a quorum being present, to the Sergeant-at-Arms of the Senate to compel the attendance of absent members. as provided for in said third Mr. PALMER. May I ask the Senator a question? clau:;e of Rule V, 1s a sutllcient warrant and authority to the Sel'geant-at­ .Mr. ALLEN. Certainly. Arms to u.uthorize him to use force, 1! necessary, in bringing absent Sena- Mr. PALMER. I ask the Senator whether he means to put tors to the Senate Chamber. · that in this simple form, that he will resist the repeal of the The resolution came up the next day and the Senator from Sherman act until the majority submit? . Is that his meaning? Ma1 yland [Mr. GORMAN] then said: Mr. ALLEN. I do not know what the majority will do. If I I trust the Senator from Oregon will let the resolution go over and not had power to defeat the majority, if there is a majority here: I press it now. am frank enough to say to the Senator from Illinois I am going Mr. ALLEN. Mr. President­ to help to do it. If, unfortunately, I am t!tken sick and can not Me. DOLPH. I am about through. stay here when the final act comes, it will be my misfortune. Mr. ALLEN. I do not desire the Senator, reprea.enting the Mr. PALMER. My friend from Nebraska and I have some gold interest, as he does, to obskuct the debate. ties that bind us together. One of those, I think, imposes upon Mr. DOLPH. No, I will not obstruct the debate. I am go­ him the obligation to speak frankly in answer to a question ing to state my position. I do not like to let the statement frankly put. My question is, whether he means, in his view of which has been made in regard to the right of the majority to duty, that he will resist a vote upon the passage of the pending rule to go without some reference to this very recent portion of bill repealing the Sherman law until the majority, if that hap­ our history. I said: pens to be for the bill, submit to do something else? If the l'esolution is likely to provoke discussion, I a.m willing that it Mr. ALLEN. As long as I can do so within the pale of the law, should go over, retaining its place. I do not desire it to go to the Calendar. I did not see how anyone could object to the inquiry proposed, but· I am I shall do it. fast learning that the rules or the Senate are not to be enforced. I am not Mr. PALMER. That is frank. very particular about the resolution. Mr. ALLEN. When Washington wascontestingthequestion The colloquy was continued. I wanted the resolution to be of the supremacy of the American arms in thiscountryand usino­ t•eferred to the Committee on the Judiciary, as it was a legal prop­ hio handful of r aw troops against the trained English troops and osition. The junior Senator from ~iaine [Mr. HALE] suggested the hired Hessians, suppose somebody had said to that d.il:>tin­ that it should go to the Committee on Rules. I said: guished American, "You are in the minority, you ought to If that is satisfactory to the Senator from Maryland, I will consent to it. surrender;" and if he had submitted what would have been the The Senator from Maryland said: consequences upon civil liberty in this country? Mr. PALMER. May I interrupt the Senator? I suggest that the resolution go over. Mr. ALLEN. Cerhinly. I said: Mr. PALMER. I ask the Senator if he means to compare Retaining its place? his colleagues or associates on this fioot: with either thft' British To which the Senator from Maryland said H yes." or the Hessians?

' 2392 CONGRESSIONAL RECORD-SENATE. OCTOBER 11,

Mr. ALLEN. With some qualifications I think the compari­ or half past 6 o'clock this evening, but on account of his phys­ son is perfect. ical condition he has retired to his room. I promised him that Mr. PALMER-. I am very much obliged to the Senator for I would explain to the Senate the reason of his absence. It is admitting that there are some differences between the two. physical disability which compels him to absent himself. Mr. ALLEN. Suppose when a mere boy, carrying a gun and Mr. BLACKBURN. I desire to state that the junior Senator a knapsack under my distinguished friend from illinois, in one from Maryland [Mr. GIBSON] has been seriously ill for some of the numerous contests during the late war, it had been sug­ days. He was able to be in the Chamber for a short while this gested to my friend that his troops were in the minority and afternoon and evening, but he is not able to be here now. that he ought not to obstruct the majority, what would have The PRESIDING OFFICER. Sixty-two Senators have an­ been the result in a case of t hat kind? swered to their names. A quorum is present. The Senator Mr. PALMER. Does the Senator want an answer? from Nebraska will proceed. Mr. ALLEN. I should like to have an answer. Mr. ALLEN resumed his speech. Mr. PALMER. I should have s!tid, "Well, we will try it." I Mr. DUBOIS (at 12 o'clock p.m.). With the permission of was fighting the public enemy, as I supposed. the Senator from Nebraska, I suggest that there is no quorum Mr. ALLEN. So we propose to try it. present. Mr. PALMER. For what reason? The VICE-PRESIDENT. The want of a quorum being sug­ Mr. ALLEN. As we are fighting the public enemy. gested, the Secretary will call the roll. Mr. PALMER. That is frank. The Secretary called the roll, and the following Senators an• Mr. ALLEN. We are fighting the combined money power of swered to their names: England and this country, that would dethrone the people and Allen, Dixon, Hoar, Pettigrew, overturn the Constitution and dishonor the flag if they can make Allison, Dolph, Hunton, Platt, Bate, Faulkner, Kyle, Proctor, money out of it. I propose to fight them at every point within Berry, Frye, Lindsay, Quay, the Constitution, and if it has come to a question of physical en­ Blackburn, Gallinger, Lodge, Roach, durance, then I am here and I can hold a full hand in that, and Brice, George, McMillan, Smith, Caffery, Gordon, McPherson, Squire, I propose to stay here. Now, that is frank. Call, Gorman, Manderson, Stockbridge, Mr. PALMER. My friend will allow me to make one other Camden, Gray, Martin, Turpie, . I remark. The difference in our ages during the war was about Cameron, Hale, Mitchell, Wis. Vilas, Carey, Harris, Palmer, Voorhees, the same that it is now. I staid with him then. I will stay with Coke, Hawley, Pasco, Walthall, him now. [Laughter.] Cullom, Higgins, Peffer, Washburn, Mr. ALLEN. I desire to say to my distinguished friend from Davis, Hill, Perkins, White, La. illinois, for whom I have the highest respect, that I staid with Mr. GORMAN. I desire to announce that my colleague [Mr him for a little over three yeaJ:S. GIBSON] is detained at home by illness. Mr. PALMER. Nobly, grandly. Mr. DOLPH. My colleague [Mr. MITCHELL of Oregon] is ab­ Mr. ALLEN. And if he will stay with me now, barring sick­ sent by leave of the Senate, on account of serious illness in his ness and death, we will ba here at the end of three years. family. Mr_ PALMER. That is right. Mr. HARRIS. I announce once more for all of this session Mr. ALLEN. Or the minority! as it is called, will triumph in that the Senator from Vermont [Mr. MORRILL] and the Senator this great cause. from Georgia [Mr. COLQUITT] are both absent on account of Mr. PALMER. My friend will allow me to say that some­ physical indisposition. I shall not make the announcement again. times we could not stay then where we were, and perhaps we When we come to vot-e I am paired with the Senator from Ver­ may not be able to stay now; but we will do our best. mont [Mr. MORRILL]. Mr. ALLEN. We will stay around in the neighborhood. The VICE-PRESIDENT. Fifty-six Senators have answered Mr. PALMER. Yes; "there or thereabouts." to their names. A quorum is present. The Senator from Ne­ Mr. ALLEN. Thus much, Mr. President, for this question of braska [Mr. ALLEN] will proceed. physical endurance. I regret myself exceedingly that in the Mr. ALLEN resumed his speech. Senate of tho United States the great question of vital impor­ Mr. DUBOIS (at 12 o'clock and 45 minutes a.m., Thursday, tance to the people of this country should come down to a ques­ October 12). Mr. President, I suggest that there is no quorum tion of physical endurance. It does seem to me that there is in the Chamber. wisdom enough iri this organization to resort to the brain power The PRESIDING OFFICER (Mr. FAULKNER in the chair). of man instead of his muscle to settle a question of this impor­ The Senator from Idaho having suggested the absence of a quo­ tance, and I was in hopes that it would be settled by the ordinary rum, the Secretary 'Yill call the roll. and usual method of settling a question of this kind. The Secretary called the roll, and the following Senators an­ Mr. ALLEN resumed his argument in opposition to the bill. swered to their names: Mr. DUBOIS (at 8 o'clock and 15 minut,es p.m.). Mr. Presi­ Aldrich, Dixon, Lindsay, Platt, dent, I suggest that there is no quorum present. Allen, Dolph, Lodge, Proctor, Allison, Faulkner, McMillan, Quay. The PRESIDING OFFICER (Mr. LINDSAY in the chair). Bate, Frye, McPherson, Roach, The absence of a quorum being suggested, the Secretary will Berry, Gallinger, Manderson, Smith, call the roll. Blackburn, Gorman, Martin, 8qu1re, Brice, Gray, Mills, Vest, The Secretary called the roll, and the following Senators an­ Caffery, Hale, Mitchell, Wis. Vilas, swered to their names: Call, Harris, Morgan, Voorhees, Camden, Hawley, Murphy, Walthall, Aldrich, Davis, Irby, Proctor, Carey, Higgins, · Palmer, Washburn, Allen, Dixon, Kyle, Pugh, Coke, Hill, Pasco, White, La.. Allison, Dolph, Lindsay, Quay, Cullom, Hoar, Peffer, Bate, Dubois, Lodge, Ransom, Berry, Faulkner, McMillan, Smith, Davi.'l, Hunton, Perkins, Blackburn, Frye, McPherson, Stewart, Mr. WALTHALL. My colleague [Mr. GEORGE] is very much Brice, Gallinger, Manderson,. Stock bridge, indisposed, and left the Chamber a half hour ago. Butler, Gordon, Martin, Turpie, Ca!l'ery, Gray, Mitchell, Wis. Vest, The PRESIDING OFF'ICER. Fifty-four Senators having Call, Hale, Murphy, Voorhees, answered to their names, a quorum is present. The Chair rec­ Camden, Harris, Palmer, Walthall, ognizes the Senator from Nebraska. Cameron, Hawley, Pasco, Washburn, Carey, Higgins, Pe:f!er, White, La.. Mr. PALMER. Will the Senator from Nebraska yield to me Coke, Hill, Perkins, Wolcott. for an inquiry? Cullom, Hoar, Platt, Mr. ALLEN. Certainly. Daniel, Hunton, Power, Mr. PALMER. The Senator from Idaho [Mr. DUBOIS] de­ Mr. MANDERSON. I was requested by the Senator from manded a call of the Senate, and I believe did not answer him- Ohio [Mr. SHERMAN] to announce that he is detained from the self. I ask if that is proper in a parliamentary sense? Chamber by reason of the death of a relative, and probably will Mr. MANDERSON. That parliamentary inquiry, I may sug- not be able to be here to-night or to-morrow. gest, might be supplemented by the proposition that an absent Mr. ALLISON. I desire to state that my colleague [Mr. WIL- Senator can not vert well suggest the absence of a quorum. SON] is detained from the Senate by illness. , Mr. PALMER. ask pardon of the Senator from Nebraska, Mr. DOLPH. I desh'e to state that my colleague [Mr. MITCH- I did not hear his suggestion. ELL of Oregon] is absent by leave of the Senate on account of Mr. MANDERSON. I· say the inquiry of the Senator from serious illness in his family. Illinois might be supplemented by the suggestion that it is hardly Mr. HARRIS. I desire to state that the Senator from Ver- possible that an absentSenatorcansuggestthelackofa quorum. mont [Mr. MORRILL], with whom I am paired, has been absent That would seem to be physically impossible. for some weeks, and is absent on account of {hysical disability. Mr. PALMER. That would seem to be so, but still it is 1m­ The Senator from Georgia [Mr. COLQUITT was here-up to 6 portant to settle these questions as we progress. The Senator 1893. CONGRESSIONAL RECORD-SENATE. 2393

from Idaho, I understand, is delegated to do the very thing he October 12). It is obvious that there is not a quorum present, ha~ done. If that is consistent•with parliamentary law it is sir. important to be settled. To me it aeems-perhaps I had better The PRESIDING OFFICER. The Senator from Virginia stop right here. suggests the want of a quorum. The Secretary will call the roll Mr. WHITE of Louisiana. The Senator will not have any doubt of the Senate. about the consistency of the Senator from Idaho after having The Secretary called the roll, and the following Senators an­ heard the statement of that Senator to-night that there had swered to their names: been no obstruction in this body. Considering that statement Aldrich, Dixon, Kyle, Platt, and what has just occurred, the Senator from Illinois can judge of Allen, Faulkner, Lindsay, Proctor, Allison, Frye, Lodge, Quay, the consistency of the Senator from Idaho. Bate, Gallinger, McMillan, Roach, Mr. ALLEN. If the Senator from Idaho is acting a part ii1 Berry, Gordon, McPherson, Smith, the Senate I do not know it. He is not acting a part for me nor Brice, Gorman, Mills, Turpie, Caffery, Gray, Mitchell, Wis. Vilas, with my consent. Whatever the Senator from Idaho or any Camden, Ha.rris, Murphy, Walthall, other Senator does here, he does upon his own responsibility so Carey, Hawley, Palmer, Washburn, far as I am concerned. Cullom, Higgins, Pasco, White, La. Daniel, Hill, Peffer, Mr. PALMER. Will the Senator from Nebraska allow me to Davis, Hlll!.ton, Perkins, make a single remark? Mr. ALLEN. Certainly. The PRESIDING OFFICER. Forty-six Senators having an­ Mr. PALMER. I acquit the Senator from Nebraska of all swered to their names, a quorum of the Senate is present. The responsibility of this matter whatever. I have no further re­ Senator from Nebraska is entitled to the floor. . mark to make. Mr. ALLEN resumed his speech . The PRESIDING OFFICER. The Senator from Nebraska Mr. WOLCOTT (at 4:30o'clock a.m., Thursday, October 12). [Mr. ALLEN] is entitled to the floor. • Mr. President-- Mr. ALLEN resumed his speech. . The PRESIDING OFFICER. Does the Senator from Ne­ Mr. DANIEL (at 2 o'clock and 15 minutes a.. m., Thursday, braska yield to the Senator from Colorado? October 12, 1893). There is evidently no quorum here. I beg Mr. ALLEN. Certainlyc leave to call attention to the fact. Mr. WOLCOTT. I think the answers of the Senator from The PRESIDING OFFICER. The Senator from Virginia Nebraska to the inquiries of the Senator from Louisiana are suggesting the want of a quorum, the Secretary will call the worthy of hearing by Senators, and I suggest that a quorum roll. ought to be present to hear them. The Secretary called the roll, and the following Senators an­ The PRESIDING OFFICER. The lack of a quorum being swered to their names: suggested, the Secretary will call the roll. The Secretary called the roll, and the following Senators an­ .Aldrich, Dolph, Lindsay, Platt, swered to their names: Allen, Faulkner, Lodge, Proctor, Allison, Frye, McMillan, Quay, Aldrich, Dolph, Lodge, Proctor, Bate, Gallinger, McPherson, Roach, Allen, Faulkner, McMillan, Quay, J3erry, Gordon, Manderson, Smith, Bate, · Frye, McPherson, Roach, Blackburn, Gorman, .Martin, Squire, Berry, Gallinger, Manderson, Smith, Caffery, Gray, Mills, Turp1e, Blackburn, Gordon, Martin, Squire, Call, Hale, Mitchell, Wis. Vest, Caflery, Gorman, MilL'>, Tm·pie, Comden, Harris, Morgan, Vilas, Call, Gray, Mitchell, Wis. Vilas, Carey, Hawley, Murphy, Voorhees, Camden, Harrfs, Murphy, Walthall, Cullom, Higgins, Palmer, Walthall, Carey, Hawley, Palmer, Washburn, Daniel, Hill, Pasco, Washburn, Cullom, Higgins, Pasco, White, La. Davis, Hunton, Peffer, White, La. Daniel, Hill, Peffer, Kyle, Davis, Hunton, P erkins, Dixon, Perkins, Dixon, Lindsay, Platt, The PRESIDING OFFICER. Fifty-five Senators having an­ The PRESIDING OFFICER. Forty-nine Senators having swered to their names, a quorum of the Senate is present. The answered to their names, a quorum of the Senate is present. The Senator from Nebraska will proceed. Chair recognizes the Senator from Nebraska. Mr. ALLEN resumed his speech. Mr. ALLEN resumed his speech. Mr. DUBOIS (at 3 o'clock and 25 minutes a.m. Thursday, Oc­ Mr. KYLE (at 4 o'clock and 50 minutes a.m., Thursday, Octo­ tober 12). Mr. President, I suggest there is no quorum in the ber 12). Before the Senator from Nebraska proceeds, I suggest Chamber. that there is no quorum. The PRESIDING OFFICER. The Senator from Idaho sug­ The PRESIDING OFFICER. The Senator from South Da­ gests the want of a quorum. The Secretary will call the roll. kota suggests the want of a quorum. The Secretary will call Mr. PALMER. I should like to inquire, as a matter of in­ the roll. formation. Two or three times the Senator from Idaho [Mr. The Secretary called the roll, and the following Senators an­ DUBOIS] has indicated that there was no quorum and has him­ swered to their names. self failed, as I believe, to answer upon the roll call. I dv not Allen, Faulkner, Lodge, Quay, know what the rules of the Senate are-- Bate, .Frye, McMillan, Roach, The PRESIDING OFFICER. The Chair will suggest that the Berry, Gallinger, McPherson, Smith, Caffery, Gordon, Manderson, Squire, qu~.stion is not debatable, as nothing can be entertained by the Call, Gorman, Mills, Turpie, Cbn.ir except the calling of the roll under the rule of the Sen­ Camden, Gray, Mitchell, Wis. Vest,. ate. Carey, Hawley, Palmer, Vilas, Cullom, Higgins, Pasco, Walthall, Mr. PALMER. Still, I suppose a question of order might be Daniel, Hill Peffer, Washburn, raised. Am I correct in that? - Davis, Hunton, Perkins, White, La. The PRESIDING OFFICER. The facts involved in the ques­ Dixon, Kyle, Platt, Wolcott. tion of order suggested by the Senator from Illinois, in the opin­ Dolph, Lindsay, Proctor, Ion of the Chair, have not been reached. The Secretary will The PRESIDING OFFICER. Forty-seven Senators having call the roll. answered to their names, a quorum of the Senate is present. The Secretary called the roll, and the following Senators an­ The Chair recognizes the Senator from Nebraska. · swered to their names: Mr. ALLEN resumed his speech. Aldrich, Frye, Lodge. Proctor, Mr. DUBOIS (at5 o'clock and 45minutesa. m., Thursday). I Allen, Gallinger, McMillan, Quay, suggest that there is no quorum here. Allison, Gordon, McPherson, Roach, Mr. ALLEN. I hope the Senator from Idaho will not raise Berry, Gorman, Manderson, Smith, Blackbm·n, Gra.y, Mills, Squire, that question now. Brice, Hale, Mitchell, Wis. Turpie, Mr.FAULKNER. I rise to a point of order. Caffery, Harris, Morgan, Vest, The PRESIDING OFFICER (Mr. BLACKBURN in the chair). Cullom, Hawley, Murphy, Vilas. Daniel, Higgins, Pal~r. Walthall, The Senator from West Virginia will state his point of order. DaVis, Hill, Pasco, Washburn, Mr. FAULKNER. My point of order is that the Chair can Dixon, Hunton, Peffer, White, La. not recognize the Senator from Idaho. The Senator from Ne­ Dolph, Kyle, Perkins, Faulkner, Lindsay, Platt, braska has the floor and has not yielded. The PRESIDING OFFICER. The point of order is well The PRESIDING OFFICER. Fifty Senators having an­ taken. ~wered to their names, a quorum is present. The Senator from Mr. FAULKNER. On the point suggested, or any other, a Nebraska will proceed. Senator can not be recognized by the Chair under such circum­ Mr. ALLEN resumed his speech. stances. Mr. DANIEL (at3 o'clock and 50 minutes a. m., Thursday, Mr. ALLEN. Certainly; I will yield to the Senator from OONGRESSION.AL REOORD-SENATE. OCTOBER 11,

Idaho ii he desires to call for a quorum, but I prefer to let Sena- Mr. MANDERSON. I understood that I had unanimous con- tors sleep who are sleeping. It is a little cruel to bring them sent simply to make a sugge'ltion. out so e:-ll'ly in the morning. The PRESIDING OFFICER. The Chair hears no objection. Mr. DUBOIS. I suggest, with the consent of theSenatorfrom and the senior Senator from Nebraska will proceed. · Nebraska, that no quorum is present. Mr. MANDERSON. The raising of a quorum, I suggest, is Mr. ALLEN. I yield to the Senator from Idaho to make such the raisingof a.pointof order. Under the Constitution this body suggestion as he sees fit. can not do business except with a quorum. The making of a Mr. DUBOIS. There is no quorum present. ~peech ~s simp!~· a matter of business, and listening to a speech The PRE:3IDING OFFICER. The Senator from Idaho sug- 1s sometimes a matter of very severe and hard business. Cer­ gests that there is no quorum present. The Secretary will call tainly when we sit and listen to my distinguished colleague. in the roll. the interesting remarks with which he has entert:tined us for the The Secretary c:>.lled the roll, and the following Senators an- last few minutes, we are tr.msacting business, and it is the right swered to their names: of any member of the Renate to rise in his place and, addressing Aldrich, Dixon, Kyle, Proctor. himself to the Chair, interrupt the debate and raise a question of Allen, Dolph, Lindsay, Quay, order. I doubt very much whether any precedent can be found Bate. Faulkner, Lodge, Smith, such as is spoken of by the Senator from West Virginia, and I ~f~·~Itmrn, ~~iinger, ~~W~;:~n, ~~~. hope if the question is raised again that the Presiding Officer Caffery, Gorman, Manderson, Vest, will give it full consideration, for I believe in having an occa- Call, Gray, ~~c"'hell, Wis. Vilas, sional stopping place out of pure humanity for my colleague. g;~~~n, ~~:iey, Palmer, ~~;~:~; Mr. ALLEN. I am very thankful, indeed, to my colleague Cullom, ~gg,ins, Pasco, washburn. for his consideration. I have not felt any weariness thus far,. Daniel, Hill Perltins, Mr. President. I do not know how soon a spirit of weariness Davis, Hunton, Platt, may come over me and compel me to leave the floor, but I h0pe The PRESIDING OFFICER. Forty-six Senators have re- to complete my remarks at least partially and get in the first two sponded to their n9>mes. A quorum is present. The Senator or three sections of my speech before I am called upon to retire. from Nebraska will proceed. However, I may be compelled to postpone the conclusion of my Mr. TELLER. I ask the Senator from Nebraska if he will remarks until another time. yield to me for a moment? Mr. ALLEN proceeded with his argument in opposition to the Mr. ALLEN. Certainly. bill. Mr. TELLER. The Senator from West Virginia raiPed a Mr. WOLCOTT (at 6 o'clock and 25 minutes a.m., Thursday). point of order which Idpnotdesire shall be passed unchallenged. Will the Senator from Nebraska yield to me for a few moments? The Senator raises the question whether a Senator can be taken Mr. ALLEN. Yes, sir. off the floor to call attention to the fact that there is no quorum Mr. WOLCOTT. I think the table he is about to read is of present. I should like to say, in the first place, that the Sen- such vast importance that a full Senate should hear it, and I ator is not taken off the floor by such a suggestion anymore than 1 suggest that no quorum is present. he is when a question of order is raised. A question of order The PRESIDING OFFICER. The Senator from Colorado can be raised at any time when a Senator is on the floor and he suggests the absence of a quorum. The Secretary will call the is not taken off the floor; he hasarightto resume it. He is re- roll. quieed by the rules of legislative bodies, until the quest.ion of The Secretary called the roll: and the following Senators an- order is settled, to cease speaking, but he is not taken off the swered to their names: flooe; he is still entitled to the floor; he is simply interrupted. Aldrich, Frye, McMillan, Proctor, The same is true as to the call for a quorum. I will read the Allen, Gallinger, McPherson, Quay, rule: Allison, Gordon, Manderson, Roach, Berry, Gorman, Mills, Smith, RULE V. Blackburn, Gray, Mitchell, Wis. Squire, Caffery, Hawley, Morgan, 'l'urpie, • * ~ * * • * Call, Higgins, Murphy, Vest, 2. If, at any time during the daily sessions of the Senate, a question shall Carey, Hill, Palmer, Vilas, be raised by any Senator as to the presence of a quorum, the Presiding om­ Cullom, Hunton, Pasco, Voorhees, cer shall forthwith direct the Secretary to call the roll and shall announce Davis, • Kyle, Pe:lfer, Walthall, the result, and these proceedings shall be without debate. Dixon, Lindsay, Perkill.s, Washburn, Dolph, Lodge, Platt, White, La. I wish to say to the Senator from West Virginia that it has never been the custom in the Senate to ask a Senator who has The VICE-PRESIDENT. Forty-eight Senators have an­ the floor to yield either for a suggestion or motion of this kind. swered to ·their names. A quorum is present. The Senat.or He is asked to yield for a motion to go into executive session or from Nebraska will proceed. to adjourn, because those are not questions which can be raised Mr. ALLEN resumed his speech. without his consent. To allow a Senator to take the floor and Mr. SHOUP (at 7 o'clock and 13 minutes a.m., Thursday, Oc­ continue to speak, as he might do, for a length of time with no tober 12). Will the Senator from Nebraska yield to me? quorum would be to allow business to be transacted without a Mr. ALLEN. Certainly. quorum. The rule is as broad as it could be made, "If, at any Mr. SHOUP. It is evident, Mr. President, that there is no time during the daily sessions." This is the first time I have quorum present. ever heard the suggestion made that the consent of the Senator The VICE-PRESIDENT. The absence of a quorum being on the floor must be had. suggested, the Secretary will call the roll. Mr. FAULKNER. If the Senator from Nebraska will permit The Secretary called the roll, and the following Senators an­ me, I am satisfied that the point of order I made is a correct one, swered to their names: and that when the occasion shall arise, if the Chair is called upon Aldrich. Dixon, Lindsay, Platt, Allen, Dolph, McMillan, Quay, to decide it, the authority of the Senate can be laid before the Bate, Faulkner, McPherson, Smith, Chair sustaining the position which I have taken. A que!:ltion Berry, Frye, Manderson, Squire, of order raised by a Senator is under general parliamentary law Blackburn, Gallinger, Martin, Turpie, Brice, Gordon, Mitchell,Wis. Vest, addressed. immediately to the Chair and he can raise it at any Caffery, Hale, Murphy, Vilas, time. That is under general parliamentary usage; but when a Coke, Hawley, Palmer, Voorhees, Senator has the floor no Senator can address the Chair and re­ Cullom, Higgins, Pasco, Walthall, ceive the att-ention of the Chair unless he is recognized by the Davis, Hill, Petfer, Washburn Chair, and no Senator can be recognized by the Chair so as to The VICE-PRESIDENT. Forty Senators have answered to stop the debate on the part of a Senator entitled to the floor un­ their names. There is no quorum present. less it is under some express rule of the Senate. The rule of the Mr. FAULKNER (at7 o'clock and 18minutes a.m., Thursday, Senate referred to by the Senator from Colorado does not author­ October 12). I move that the Sergeant-at-Arms be directed to ize such an interruption without the consent of the Senator en­ request the attendance of absent Senators. titled to the floor; and I am satisfied I can present a decision of The VICE-PRESIDENT. The question is on the motion of the Senate to that effect which has been passed upon aftel' an the Senator from West Virginia, that the Sergeant-at-Arms be appeal from the decision of the Chair. directed to request the attendance of absent Senators. Mr. MANDERSON. Mr. President-- , The motion was agreed to. The PRESIDING OFFICER. The Chair will state that there The VICE-PRESIDENT. The Sergeant-at-Arms will execute is no question of order pending. the order of the Senate. Mr. MANDERSON. I ask unanimous consentsimp_ly to make Mr. CAMDEN, Mr. HUNTON, and Mr. PERKINS entered a !mggestion. the Chamber and responded to their names. The PRESIDING OFFICER. The Chair suggests that this The VICE-PRESIDENT. Forty-three Senators ha-ve a~ · dekt

Mr. WOLCOTT. I rise to a point of order. But, I submit, Mr. President, if this'rule is in contravention of The VICE-PRESIDENT. The Senator will state his point of the plain import of the Constitution, it falls to the ground, and order. that forty-fl. ve members of this body, and not forty-three, consti­ Mr. WOLCOTT. The point of order is that whilst a major­ tute its quorum. ity of all the Senators constituting this body make a quorum Mr. ALDRICH. The rule which has been read in the hear­ 45 Senators are required to be present before a quorum is pres­ ing of the Senate, and which has been the rule of this body since ent in this Chamber; and I ask for a ruling of the Chair on that 18ti4, is certainly as clear and explicit as language can possibly point. make it. It is true that the Constitution provides that each Mr. ALDRICH. I ask for the reading of the rule. Stato shall choose two Senators to represent it upon this floor, The VICE-PRESIDENT. The Chair will h9.ve the rule read. but the Senate itself is composed of the men who are qualified The Secrehry read the second clause of Rule III, as follows: and chosen, under the language of this rule, and no other per­ 2. A quorum shall consist of a majority or the Senators duly chosen and sons are members of the Senate, except such persons as are qual­ sworn. ified and sworn, and a majority of the members of the Senate by Mr. MANDERSON. I ask that the constitutional provision the Constitution constitute a quorum; with i·eference to a quorum of the two Houses of Congress may The Senators who discussed this question in 1874 were Mr. be read. Fessenden of M .iine, Mr. Reverdy Johnson of Maryland, and Mr. The VICE-PRESIDENT. The Secretary will read as re- Trumbull of Illinois, on one side, and Mr. Davis of Kentucky quested. . on the other. I think upon the question of constitutional law The Secrektry read as follows: certainly it could be said, without the slightest disrespect to our Each House shall be the judge of the elections, returns, and qualifications former colleague in this body, that Mr. Reverdy Johnson, Mr. or its own members, aud a majority of each shall constitute a quorum to do Trumbull, Mr. Fessenden, and Mr. SHERMAN, and the other business; but a smaller number may adjourn !rom day to day, and may be authorized to compel the attendance of absent members, in such manner, and Senators who participated in that discussion, were all well in­ under such pen3.lties as each House may provide. formed in constitutional law and in p::trliamentary law as the Mr. MANDERSON. If I may be allowed I wish to make a Senators who took the other side. suggestion, for this is a question of very grave import, and I For thirty years the Constitution has been interpreted by the make the suggestion, not with any view of preventing a quorum, plain rule of the Senate in this way! that a quorum sha.ll consist for I am grea.tly desirous that a quorum of this body shall be of a majority of the members who have been qualified and sworn. present and that we shall get to a vote upon the questions in­ Mr. McPHERSON. May I ask the Senator from Rhode Island volved in the amendments to this bill and upon the bill itself. a question before he sits down? The Senate, by the Constitution of the United States, is com­ Mr. ALDRICH. Certainly. posed of two Senators from each State; and the provision of the Mr. McPHERSON. I ask, is this a Senate in the meaning Constitution which has just been read provides that a majority and intent of the Constjtution? of the Senate shall be necessary to constitute a quorum, not a Mr. ALDRICH. [t seems to me very plainly it is. major·ity of those who may be qualified to beseatedhere or who Mr. McPHERSON. If it is a Senate, will not a majority of may have been elected to seats here, but a majority of the Sen­ the Senate be sufficient to pass a bill? ate, the potential Senate, with its representatives of two Sena­ Mr. ALDRICH. It seems to me so. tors, representing each sovereign State. Mr. McPHERSON. If this is not a Senate in the contempla­ Cushing in his Manual lays down in very decisive and em­ tion of the Constitution, we had as well adjourn and go home. phatic language the proposition that as to each House it is nec­ Mr. HALE. I suppose there is no question as to what the essary that the majority of the House, as it is composed in its rule is. It has been read here, and is as plain as language can full membership, shall constituteaquorum. Ireadfrom section make it; and until the Senate changes the rule it is clearly a 261 of Cushing's Manual: guide for us and for the Presiding Officer, and under it we do When the number of which an assembly may consist a.t any given time is business. · fixed by constitution, and an aliquot proportion of such assembly is re­ Mr. PALMER. Mr. President, after the remarksby the Sen­ quh·ed in order to constitute a quorum, the number of which such assembly ator from .M.aine [Mr. HALE], I feel that I am scarcely justified may consist and not the number of which it does in fact consist at the time in question is the number or the assembly, and the number necessary to con­ in occupying the attention of the Senate. stit-ute a quorum is to be reckoned accordingly. Thus, in the Senate of the The rule which has been read is a rule of the Senate; it has United States, to which by the Constitution each State in the Union may been adopted by the Senate. Countervailing authority may have elect two members, and which may consequently consist or two members of each State, the quorum is a. majority ot that number, whether the States some persuasive value in the mind of the SenatorfromNebraska ha.,-e all exercised their constitutional right or not. So in the second branch or myself, but where this body has authoritatively settled the of Congress, in which, by the Constitution. the whole numberor Representa­ question the Presiding Officer, as a matter of course, could ttives of which the House may consist is fixed by the last apportionment, in­ creased by the number or members to which newly admitted States may be hardly be expected to disregard the authoritative rule of the entitled, the quorum is a majority of the whole number, including the num­ Senate. ber to which such new States may be entitled, whether they have elected I understand that I am in the condition of a judge in Illinois, members O!." not, and making no deductions on account of vacant districts. who listened to arguments for two or three hours as to the con­ This language is exceedingly plain, and it is supported by all struction of a certain statute, and after the arguments were ex­ the early decisions upon this question in the two Houses of Con­ hausted he said, •· Gentlemen, the law was repealed several gress. It continued as the measure of the quorum until the rule years ago." [Laughter.] which has been y·ead was adopted, after considerable debate, on Mr. ALLEN. Mr. President- the 4th day of May, 186!. The circumstances of that time are The VICE-PRESIDENT. The Senaoor from Nebraska will recalled by the mere mention of the date. Both Houses of Con­ suspend until the point of order is disposed of. The second gress were under great stress. Certain States had seceded from clause of Rule III says: the Union; they were without representation in either House of A quorum shall consist or a majority of the Senators duly chosen and Congress; and it was under the stress of the great necessity that sworn. the constitutional provision should receive strain that this rule The Senate, as at present constituted, consists of 85 members. was adopted. A most valuable debate was had upon that day,· Forty-three constitute a quorum. It is the duty of the Chair to participated in most actively by Mr. D.1vis of Kentucky, on the enforce the rule of the Senate; and the Chair has no doubt that one hand, and by Mr. R everdy Johnson on the other; and upon is the correct decision. that debate, it is true, that by the decisive vote of 26 to 11 the Mr. WOLCOTT. I feel it my duty to appeal from the deci­ rule which has been read, and which has since obtained in this sion of the Chair; and on that appeal I ask fortheyeas and nays. body, was adopted, and there is no question but that the rule has The VICE-PRESIDENT. The question is, Shall the deci- since that time been enforced; but if the rule of the Senate as sion of the Chair stand as the judgment of the Senate? read is in contravention of the constitutional provision, then, of Mr. HALE. I move to lay the appeal on the table. course, it falls to the ground. Mr. WOLCOTT. On that I call for the yeas and nays. There is no necessity for such stress or strain to-day. There The yeas and nays were ordered; and the Secret::try proceeded are no States now out of the Union; they are all represented to call the roll. here, but, unfortunately, three of the sovereign States of the Mr. HIGGINS (when his name was called). I am paired with Union are represented by but one Senator from each; so that the senior Senator from Arkansas [Mr. JONES]. In his absence there are eighty-five members who have been chosen and have I withhold my vote. . been qualified to sit here; but, none the less, the Senate of the Mr. HILL (when his name was called). I do not understand United States is composed, under the Constitution, of eighty­ that thisisaquestionaboutwhichapairis to apply. !understand ~igbt members, two from each State, and I submit that, when that this is simply a clean: naked question of parliamentary law, the Constitution says a majority of the Senate-not of those on which Senators are. to vote according to their judgment. It elected, not of those chosen or appointed, not of those qualified, seems to me it is a question where pairs do not come in. I vote but a majority of the Senate as a body-shall constitute a quo­ "yea." rtAm, there can be no question as to what the language means. Mr. DOLPH (when the name of Mr. MITCHELL of Oregon was 2396 CONGRESSIONAL RECORD-SENATE. OCTOBER 11,

called). My colleague [Mr. MITCHELL of Oregon] ds absent on Mr. ALLEN. I am somewhat unfamiliar with the usages of leave of the Senate. He is paired with the senior Senator from the Senate. The Senator from Kansas, as I understood, asked Wisconsin [Mr. VILAS]. me to surrender the floor to him. Mr. PERKINS (when his name was called). I have paired Mr. VOORHEES. I have every respect both for the Senator :for three hours with the junior Senator from Massachusetts[Mr. from Nebraska and the Senator from Kansas, but I do not under­ LODGE]. Not knowing how he would vote on this question if stand that the Senator has that right. present, I withhold my vote. Mr. ALLEN. Mr. President, I do not care anything about Mr~ VILAS (when his name was called). I have a general being catechised by the Senator from Indiana. pair with the Senator from Oregon [Mr. MITCHELL]. I do not Mr. VOORHEES. I am not catecbising the Senator. understand that it extends to a question of this kind, and I shall Mr. ALLEN. I have finished, Mr. President. take the liberty of voting "yea," unless I shall be advised by Mr. VOORHEES. Mr. President, I move.to lay the pending Senators older on the floor that a pair of that kind ought to have amendment to the bill on the table. effect on such a vole. The YICE-PRESIDENT. The question is upon the motion Mr. DOLPH. As far as I am concerned, the Senator will have of the Senator from Indiana to lay on the table the amendment to exerciee his own judgment. My colleague sent word to me submitted by the Senator from K ansas[Mr. PEFFER] to the sub­ by his secretary that he was paired', but whether he construed stitute reported by the Committee on Finance. this as a case in which the pair should be observed I am not Mr. ALDRICH. On that I ask for the yeas and nays. able to say. I suppose he meiDt the pair in reference to the Mr. MARTIN. Mr. President-- pending bill or any measure which involved a party division. Mr. HARRIS. Let the amendment be reported in full. Mr. VILAS. I met the Senator's colleague in Chicago only The VICE-PRESIDENT. The amendment will be read. two days since, and from the conversation I had with him I feel Mr. WOLCOTT (at 8 o'clock and 3 minutes a.m., Thursday, entilely authorized to vote. October 12). Mr. President, there is evidently not a quorum :tv.rr. DOLPH. What I have shted is all that !know about the present in the Chamber. matter. The VICE-PRESIDENT. The Secretary will call the roll. The roll call was concluded. The Secretary called the roll, and the following Senators an­ Mr. DAVIS (after having voted in the affirmative). I am swered to their names: paired with the Senator from Indiana [Mr. TURPIE], and with­ Aldrich, Daniel, Hill, Perkins, draw my vote. Allen, Dixon, Hunton, Platt, Bate, Dolph, Lindsay, Proctor, Mr. CAMERON. I am paired with the Senator from Ohio Berry, Faulkner, McMUlan, Quay, [Mr. SHERMAN], and therefore withhold my vote. Blackburn, Frye, McPherson, Smith, Mr. HARRIS. May I inquire of the Chair what the question Brice, Gallinger, Manderson, Squire, Caffery, Gordon, Martin, Vest, is? I came while the roll call was proceeding. Call. Gray, Mitchell, Wis. Vilas, The VICE-PRESIDENT. The Chair will state to the Sen­ Ca.mden, Hale, Murphy, Voorhees, ator from Tennessee that the Senator from Colorado [Mr. WoL­ Cameron, Harris, Palmer, Walthall, Coke, Hawley, Pasco, Washburn, COTT] appealed from the decision of the Chair that forty-three Cullom, Higgins, Peffer, White, La. Senators constituted a quorum as the Senate is at present con­ stituted. The Senator from Maine [Mr. HALE] thereupon moved The VICE-PRESIDENT. Forty-eight Senators have an­ to lay the appeal of the Senator from Colorado on the table, and swered to their names. A quorum is present ;and the question the yeas and nays are being called upon the motion of the Sen­ is upon the motion of the Senator from Indiana [Mr. VOORHEES] ator from Maine. to lay on the table theamendmentproposed by the Senatorfrom Mr. HARRIS. I am paired with the Senator from Vermont Kansas [Mr. PEFFER] to the substitute reported by the Com­ [Mr. MORRILL], who is absent. Notwithstanding that pair, mittee on Finance, which will be read. being absolutely satisfied as to how that Senator would vote if The SECRETARY. At the end of line 13 of the amendment of here, I record my vote" yea." the Committee on Finance it is proposed to insert: Mr. MANDERSON. I am requested by the Senator from That the standard for both gold and silver coins of the United States shall hereafter be such that of one thousand parts by weight nine hundre

Senator from Iowa [Mr. ALLISON] is paired with the Senator Mr. PERKINS. I can not assume the authority to do so. The from Missouri [Mr. CocKRELL], whose name has just been called. Senator from Massachusetts left the Senate Chamber for three If the Senator from Iowa were here, he would vote " year." hours, and I gave my word that I would pair with him. I have Mr. DAVIS (when his name was called). I have a general no authority to transfer the pair. pair with the Senator from Indiana [Mr. TURPIE], but I know Mr. QUAY. Very well. how he would vote on this question, and I vote "yea." ,. Mr. WHITE of Louisiana. I desire to say that whenever my The Secretary c:1lled the name of Mr. DUBOIS. vote will ma.ke a quorum, I shall consider, under the agreement Mr. VILAS. The Senator from Idaho [Mr. DUBOIS] is pres­ m:1de with the Senator with whom I am paired, that I am at ent in his chair. The roll requires a Senator to vote when his liberty to vote. name is called, unless excused. by the Senate. I ask for a ruling Mr. VILAS. I ask to have the rule read which relates to the of the Chair on that point. obligations of a Senator when his name is called to vote; and I Mr. HARRIS. I suggest to the Senator from Wisconsin that ask the attention of the Senatorfrom Idaho [Mr. DUBOIS] to the he raises t~e question prematurely. It is after the roll call and rule while it is being read. before the result is announced that the question he now sug­ The VICE-PRESIDENT. The Chair will first announce the gests can be raised, if l,'aised at all. result of the vote. M:::-. VILAS. I withdraw my point for the present, if that is Mr. HARRIS. The question the Senator from Wisconsin pro­ according to the regular order of proceeding. poses to r aise must be raised after the roll call and" before the Mr. GRAY (when his name was called). On all votes con­ annoancement of the result. nected with this question I am at present paired with the Sena­ The VICE-PRESIDENT. The rule will be read as suggested tor from California [Mr. WHITE]. If he were present I should by the Senator from Wisconsin. vote '' vea." Mr. MANDERSON. I ask whether the vote has been reca­ Mr. FRYE. I understood an arrangement had been made pitulated by the Secretary? with the Senator from Florida [Mr. P .ASCO] by which the pair of The VICE-PRESIDENT. It has not been. the Senator from California [Mr. WHITE] was transferred to the Mr. MANDERSON. It seems to me the proper time to raise Senator from New Hampshire [Mr. CHANDLER], who is absent, the question is after the recapitulation, but before the announce­ and when the roll call was finished I proposed to announce that ment of the result of the vote by the Chair. fact. Mr. HARRIS. There is no question about that. Mr. GRAY. Then I transfer the pair I announced with that Mr. MANDERSON. The vote should certainly be recapitu­ Senator from California to the Senator from New Hampshire, lated, otherwise it would not be known who had voted. and shall vote. I vote "yea." The VICE-PRESIDENT. The Secretary was about to reca­ Mr. DUBOIS. Mr. President, I ask if the authority of the pitulate the vote when the Senator from Tennessee made the Senator from California [Mr. WHITE] to this transfer of his point. pair has been obtained, and I would ask if his colleague [Mr. Mr. HARRIS. My suggestion was before the announcement PERKINS] knows what disposition the Senator from California of the result of the recapitulation; but I think it is wholly im­ desires to make of his pair? material whether it comes before or after. Mr. GRAY. I have never known, in the observation of some The VICE-PRESIDENT. The Chair thinks it is not very years now, the authority to transfer a pair questioned where the material. The Secretary will recapitulate the vote. parties are known to vote on different sides of a question. Mr. DOLPH (after having voted in tlie affirmative). Has the Mr. PERKINS. I will state in substance the same as the Sen­ Senator from Mis.sissippi [Mr. GEORGE] voted on this motion? ator from Delaware [Mr. GRAYl has stated, that my colleague. Mr. WALTHALL. I announced his pair with the Senator [Mr. WHITE] informed me that he had paired with the Senator from Oreg-on. . from Delaware upon all questions relating to the bill now pend­ Mr. DOLPH. Then I withdraw mv vote. I voted inadver- ing,or on the silver question. Whether my colleague has trans­ tently. w ferred his pair or authorized anyone to do so, the Senator from The VICE-PRESIDENT. Rule XII will be rea-d by the Sec­ Delaware is, of course, the one to be the judge, not I. retary. Mr. HARRIS (when his name was called). I have a general The Secretary read the second paragraph of Rule XII, as fol­ pair with the Senator from Vermont [Mr. MORRILL]. If he were lows: present I should vote ''nay" on this question. 2. When a Senator declines to vote on call of his name, he shall be required Mr. HIGGINS (when his name was called). On this bill and to assign his reasons therefor, and having assigned them, the Presiding Oftl.· its amendments I am paired with the Senator from Arkansas cer shall submit the question to the S'ilnate: "Shall the Senator, for the [Mr. JONES]. I do not see him in the Chamber and therefore reasons assigned by him, be excused from voting?" which shall be decided without de bate; and these proceedings shall be had after the roll call and withhold my vote. If he were present I should vote ''yea." before the result is announced; and any further proceedings in reference Mr. McMILLAN (when his name was called). I am paired with thereto shall be after such announcement. the Senator from North Carolina [Mr. VANCE]. If he were 'pres­ ent I should vote "yea" and he would vote "nay." Mr. VILAS. I should like to have the first clause of Rule XII Mr. PERKINS (when his name was called). I am paired until read. 9 o'clock with the junior Senator from Massachusetts [Mr. The VICE-PRESIDENT. The clause referred to will be read. LODGE]. He not being present, I withhold my vote, not know­ The Secretary read as follows: ing how he would cast his vote. 1. When the yeas and nays are ordered, the names of Senators shall be Mr. QUAY (when his name was called}. On thisandallother called alphabetically; and each Senator shall, without debate, declare his assentor dissent to the question, unless excused by the Senate; and no Sen­ questions I am paired with the Senator from Alabama [Mr. ator shall be :permitted to vote after the decision shall have been announced MORGAN]. by thePresidmg Ol'H.cer, but may forsu.fficientreasons, with unanimous con· While upon my feet I will also mention the pair of my col­ sent, change or withdraw his vote. No motion to suspend this rule shall be in order, nor shall the Presiding omcer entertain any request to suspend it league [Mr. CAMERON] with the Senator from Ohio [Mr. SHER­ by unanimous consent. MANi. Mr. VILAS (when his name was called). I have a ~eneral Mr. WHITE of Louisiana. I desire that my name shall be pair with the Senator from Oregon [Mr. MITCHELL]. If he called. · were present I should vote "yea.'' The VICE-PRESIDENT. The Secretary will call the name Mr. WHITE of Louisiana (when his name was called). I have of the Senator from Louisiana. a genera.! pair with the Senator from Montana [Mr. POWER], The Secretary called the name of Mr. WHITE of Louisiana. with the understanding, however, that whenever it is necessary Mr. WHITE of Louisiana. Under the terms of my pair with to make a quorum, I shall be at liberty to vote. I shall deter­ the Senator from Montana [Mr. POWER], I consider that I am at mine later whether it be necessary. liberty to vote to make a quorum; and I vote "yea." The roll call was concluded. Mr. IRBY (after having voted in the negative). I voted under Mr. WALTHALL. I wish to state that my colleague [Mr. a misapprehension. I am paired with the Senator from Wyo­ GEORGE] has a general pair with the Senator from Oregon [Mr. ming [Mr. CAREY}, and therefore withdraw my vote. DOLPH]. Mr. HIGGINS. If the Senator from South Carolina is willing Mr. PALMER. (after h aving voted in the affirmative). I am to transfer his pair, as I am paired with the Senator from Ar­ informed that my vote ought to be withdrawn, and I will do it kansas [Mr. JoNEs], we can transfer the pairs so that the Sena­ on account of my pair. I am paired with the Senator from North tor from Arkansas will be paired with the Senator from Wyo­ D .::~.kota [Mr. HA.J.~SBROUGH]. ming, and the Senator from South Carolina and myself can vote. Mr. QUAY. As I have sta.ted, I am paired with the Senator Mr. IRBY. I do not feel authorized to transfer my pair. from Alabama [Mr. MORGAN]. The Senator from California The VICE-PRESIDENT. Upon the motion of the Senator [Mr. PERKINS] is paired with the Senator from Massachusetts from Indiana to lay on the table the amendment of the Senator [Mr. LODGE]. I suggest to the Senator from California that we from Kansas [Mr. PEFFER] to the substitute reported by the transfer our pairs so that we may both vote. Committee on Finance, the yeas are 29 and the nays are 12. /'

2398 CONGRESSIONAL RECORD-SENATE. OcTOBER 11, >

The yeas and nays are as follows: a.tor from WisconBin [Mr. VILAS], and will direct the roll to be called. YEAS-29. The Secretary proceed to call the roll. Aldrich, Frye, McPherson, Smith, Mr. DAVI~ (when his name was called). I am paired with the Brice Gallinger, Manderson, Squire, Cafiery, Gordon, Mills, Voorhees, Senator from Indiana [Mr. TlJRPIE]; but he would vote" yea" Ca.mden, Gray, Mitchell, Wis. Washburn, if present, and I therefore vote " yea." Cullom, Hale, Murphy, White, La. Mr. HARRIS {when.his name was calle l ). I am paired with Davis, Hawley, Platt, Dixon, Hl"ll, Proctor, the Senator from Vermont [Mr. MORRILL]. Faulkner, Lindsay, Ransom, Mr. HIGGINS (when his name was called). I announce again NAYS-12. my pair with the Senatorfrom Arkansas [Mr. JoNES] and with­ hold my vote. If he were present I should vote" yea." Bate. Call. Hunton, Petrer, Berry, Coke, Martin, Vest. Mr. BERRY (when the name of Mr. JONES of Arkansas was Blackburn, Daniel, Pasco, WalthalL called). My colleague [Mr. JONES of Arkansas] is paired with the · Senator from Delaware ~Mr. HIGGINS]. If my colleague were NOT VOTING-44. present, he would vote ' nay/' Allen, Gibson, McMillan, Sherman, Allison, Gorman, Mitchell, Oregon Shoup, Mr. McMILLAN (when his name was called). I have a gen­ Butler. Hansbrough, Morgan, Stewart, eral pair with the Senator from North Carolina [Mr. VANCE]. Cameron, Harris, Morrill, Stockbridge, I transfer that pair to my colleague [:Mr. STOCKBRIDGE], and _ Carey. Higgins. Palmer, Teller, vote" yea." Chandler, Hoar, Perkins, Turp~. Cockrell, Irby, Pettigrew, Vance, Mr. PALMER (when his name wascalled). I again announce Colquitt, Jones, Ark. Power, Vilas my pair with the Senator from North Dakota [Mr. HANS­ Dolph, Jones, Nev. Pugh, White, Cal. If Dubois, Kyle, Quay, Wilson, BROUGH]. he were present, I do not knowhow he would vote; George, Lodge, Roach, Wolcott. but I should vote "yea." Mr. PERKINS (when his name was called). I am paired with The VICE-PRESIDENT. No quorum has voted. the junior Sen:ttor fromMassachusetts[Mr. LODGE]. Not know­ 1\fr. VOORHEES. I move that the Sergeant-at-Arms be di­ ing how he would vof!e on this question, I withhold my vote. rected to request the attendance of absent Senators. Mr. PROCTOR (when his name was called). I am paired Mr. MANDERSON. There must be a call of the Senate be­ with the Senator born Florida[Mr. CALL], and withhold my vote. fore that order can be made. Mr. QUAY (when his name was called). I am paired with the Mr. HARRIS. There being no quorum shown by the vote. Senator from Alab.1ma [Mr. MORGAN]. If it meets with the ap­ 1\fr. VOORHEES. I st~md corrected of course, Mr. Presi­ proval of my colleague fMr. CAMERON], who is paired with the dent, but I thought the announcement by the Chair of the Senator from Ohio [Mr. SHERMAN], I shall transfer the pair,and absence of a quorum sufficiently proved that fact; butif it has to he and I can both vote. be done by n. roll call, I have no objection. Mr. CAMERON. That is satisfactory to me.· I vote "yea." The VICE-PRESIDENT. No quorum being shown by the Mr. QUAY. I vote "yea." yote, the Secretary will call the roll~ Mr. SQUIRE (when hjs name was called). I am paired with The SecretYy called the roli, and the following Senators an­ the Senator from Virginia [Mr. DANIEL], and not seeing him swered to their names: present, I withhold my vote. Aldl!ich, Faullmer, McMillan, Proctor. Mr. VILAS (when his name was called). I am paired with the Bate. Frye, McPherson, Ransom, Senator from Oregon [Mr. MITCHELL], as I before announced. Berry. Gallinger, Manderson, Smith, Caffery, Gordon, Martin, Squire, · Mr. WHITE of Louisiana (when his name was called). I again Ca.IL Gray. Mills, Vilas, announoo mypair with the Senator from Montana [Mr. POWER]. Camden, Hale, Mitchell, Wis. Voorhees, Under the terms of my pair I am at liberty to vote if my vote i Col'e Harris, Murphy, Walthall, Cullom, Hawley, Palmer, Washburn, nece:.sary to make a quorum. Daniel, Higgins, Pasco, White, La. The roll call was concluded. Davis, Hill, Peffer, Mr. GRAY. I intended to announce when my name was called Dtx:on, Hunton, Perkins, Dolph, Lindsay, Platt, that I am paired with the Senator from California [Mr. WHITE]. I again announce that I have a general pn.ir with him upon this The VICE-PRESIDENT. Forty-five Senators have answered q uestionr but that pair has been transferred to the Senator from to their names. A quorum is present. New Hampshire [Mr. CHANDLER]. Mr. VILAS. Mr. President-- . I have already recorded my vote, "yea." The VICE-PRESIDENT. The Chair will order the roll to be Mr. CAMDEN (after having voted in the affirmative). I have again called upon the motion of the Senator from Indiana to lay a general pair with the Senator from South Dakoh [Mr. PETTI­ on the table the pending amendment to the amendment. GREW], and I observe he is not in the Chamber .. In making the Mr. VILAS. I desire to call attention to the fact that if Sena­ pair I reserved the privilege to vote to make a quorum. I will tors who are present were voting-and no excuse or reason for withdraw my vote for the present, and, if necessary, shaJl here­ not voting has been given-a voting quorum is present. after vote to make a quorum. I drew the attention of the Senate to the fact that the Senator Mr. HOAR (after having voted in the affirmative). I am from Idaho was in his seat at the time when the vote was taken, paired with the Senator from Alabama [Mr. PUGH} and shall and that the rule of the Senate, which I asked the Chair to di­ withdrawmyvote before the result is announced unless the Sen­ rect to be read, and which was read, is explicit-- ator returns to the Chamber or is paired with some one else. Mr. TELLER. Mr. President, I rise to a question of order. Mr. BATE. The Senator from Alabam!t [Mr. PuGH] is not Mr. VILAS. I believe I have the floor at present. present.

Mr. TELLER. I rise to a question of order, and the Senator Mr. HOAR. Then I withdraw my vote for the time being1 does not have the floor then. unless an arrangement may be made. The VICE-PRESIDENT. The Chair will hear the qu-estion of The VICE-PRESIDENT. The Senator's vote will be with­ order. . drawn. Mr. TELLER. The Senator from Wisconsin is out of- order. Mr. CAMDEN. I ask if my vote will make a quorum. The next thing is tbe ro~l call. He has no right to be heard The VICE-PRESIDENT. It will not, with the pairs an­ now. After the roll call he may raise the queBtion. nounced. Mr. HALE. Before the announcement. Mr. WHITE of Louisiana. Under the arrangement of my Mr. VILAS. Mr. President-- pair I vote to make a quorum. I vote " yea." Mr. TELLER. I submit that the question is not debatable. Mr. CAMDEN. I shall votetomakeaquorum. I vote'' yea." The VICE-PRESIDENT. The Chair will decide the point of Mr. VILAS. I think this is the orderly time under the ruling order. Upon 1·efiection the Chair will hear the Senator from of the Chair for calling attention to Rule XIT. I desire to ask Wisconsin on the point of order. attention to the fact, to which I have already called attention, Mr. VILAS. I only ask to make one additional observation, that the Senator from Idaho [Mr. DUBOIS] was present in his and it is this, that it is hardly fair to ask Senators to wait while seat and did not vote upon the call of the roll, and that his vote the Sergeant-at-Arms brings in other Senators or brings in was necessru·y to make a quorum. th€>se who are temporarily absent, when Senators who are pres­ We have heard considerable about the lack of rules in the ent proffer no excuse for not voting, the rule being imperative Senate. We have been called several times during the past night that every Senator should discharge that responsibility which by the Senator from Idaho in order that the rule for the main­ is upon him by virtue of his holding a place in this Chamber. tenance of a quorum should be constantly observed. This rule of The VICE-PRESIDENT. Th.e Chair will sustain the point the Senate declares that when the yeas and nays are ordered the of order made- by the Senator from Colorado I Mr. TELLER] as names of Senators shall be called alphabetically and each Sen­ to the time in which the point of order may be made by the Sen- ator shall, without debate, declare his assent or dissent to·the •..

·... .\ 1893. CONGRESSIONAL RECORD-SENATE. 2399

question, unless excused by the Senate. That rule contains this thought necessary. There is another reason which is of more addition: importance. There is a most important amendment before the ·- No motion to suspend this rule shall be in order, nor shall the Presiding Senate, one far-reaching in its consequences to this country. A omcer entertain any request to suspend it by unanimous consent. motion was made to lay that amendment on the table, thus cut­ There, sir, is a rule which, if observed, would render it un­ ting off debate. The author of that amendment- asked the necessary for sending at all for absent Senators by the Sergeant­ courtesy of the Senat,a for a few minutes to explain his amend­ at-Arm}) in order to declare the opinion of the Senate upon the ment, which was 1·efused. I have refused to vote for those rea­ vote now depending. Is that rule to be observed? The Senate sons, and J submit that they are. sufficient. My duty to my was organized in the earlier days of the Republic upon the prin­ constituents should and will control my vote. I shall cast or ciples which our great courts are organized-- withhold my vote as their interests demand. I am to judge Mr. TELLER. Mr. President, I rise to a quest~on of order. what their interests require. They gave me the vote to use for The question of order I state to the Chair is that this is not a them and the best interests of the country. debatable question. If the Senator from Wisconsin is to debate The VICE-PRESIDENT. Under the rule the Chair submits it, then everybody else must have the same right. to the Senate the following-- Mr. VILAS. There is no man upon this floor who will wel­ Mr. HOAR. I ask leave to transfer my pair with the Senator come a cessation of debate more heartily than I-- from Alabama [Mr. MORGAN] to the Senator from Rhode Island Mr. TELLER. The Senator will speak in order. [Mr. ALDRICH], who will withdraw his vote. I will vote" yea." Mr. VILAS. Upon this or any other question ready to de- Mr. ALDRICH (after having voted in tb.e affirmative). Un· bate-- · _ der the arrangement suggested, I withdraw my vote. Mr. TELLER. I ask the Chair to rule upon the question of Mr. TELLER. I rise to a question of order. order. The VICE-PRESIDENT. The Senator from Colorado will The VICE-PRESIDENT. The Chair will consider the ques­ state his question of order. tion of order raised by the Senator from Colorado. Mr. TELLER. Is there a quorum present? Mr. TELLER. I wish the Chair would make the Senator The VICE-PRESIDENT. The ChaiJ· will state that the vote from Wisconsin remain in order until the Chair considers it. has not ye~ been announced. The rul~ has just been read, and Mr. VILAS. Unless the point of order made by the Senator under the rule the Chair will submit to the Senate the follow­ from Colorado is correct, I am in order until ruled to be out of ing: Under the second section of Rule XII shall the Senator order. I am entitled to proceed; andJ with great respect to the .from Idaho, for the reasons assigned by him, be excused from Senator from Colorado, I am sure he will think so. voting-? Mr. TELLER. The Chair does not seem to have any chance Mr. BUT-LER. On that !ask for the yeas and nays. to rule upon the question. The yeas and nays were ordered, and the Secretary proceeded The VICE-PRESIDENT. Theattentionof theChairhasbeen to call the roll. called to a rUle which will again be read. Mr. DAVIS (when his name was called). lam paired with the The Secretary read as follows: Senator from Indiana [Mr. TURPm], but I am satisfied how he RULE XII. would vote, and I vote "nay." VOTING, ETC. Mr. I;IARRIS (when his name was called). I am paired with 1. When the yeas and nays are ordered, the names of Senators shall be the Senator from Vermont [Mr. MORRILL]. called alphabetically; and each Senator shall, without debate, declare his Mr. McMILLAN (when his name was called). I am paired assent or dissent to the question. unless excused by the Senate; and no Sena­ with the Senator from North Carolina [Mr. VANCE]. I will tor shall be permitted to vote after the decision shall have been announced by the Presid.ing Officer, but may for sufficient reasons, with unanimous con-. transfer the pair to my colleague [Mr. STOCKBRIDGEj, and vote· sent, change or withdraw his vote. No motion to suspend this rule shall be ''nay." in order, nor shall the Presiding Officer entertain any request to suspend it by unanimous consent. . Mr. PERKINS (when his name was called). I am paired with 2. When a Senator declines to vote on call of his name, he shall be required the junior Senator froin Massachusetts [Mr. LODGE]. Not know­ to assign his reasons therefor, and having assigned them, the Presiding Of­ ing how he would vote upon this question, I withhold my vote. ficer shall submit the question to the Senate: "Shall the Senator, for the Mr. VILAS (when his name was called}. I withhold my vote reasons assigned by him, be excused from voting?" which shall be decided without debate; and these proceedings shall be had after the roll call and· 'unless it is necessary to make a quorum. I am paired with the before the result is announced; and any further proceedings in reference Senator frgm Oregon [Mr. MITCHELL] thereto shall be after such announcement. Mr. WHITE of Louisiana (when his name was ca.lled). I am Mr. VILAS. I desire to call the attention of the Chair to the paired with the Senatol' from Montana [Mr. POWER]. Unless fact that the second clause of that rule as read requires that the my vote is necessary to make a quorum, I shall not vote. Senator declining to vote shall be require!'! to assign his reasons The roll call was concluded. for such declination. I suppose that that duty is upon the Mr. RIGGINS. I announce my pair with the Senator from Chair. - Arkansas [Mr. JONES]. In his absence I withhold my vote. Mr. PROCTOR. The Senator from Florida [Mr. CALL] has Mr. HALE. I am paired with the Senator from Alabama [Mr. come in since !announced my pair, and! should like to have my PUGH]. name called. Mr. VANCE. I am paired with the Senator from Michigan The name of Mr. PROCTOR was called by the Secretary. and [Mr. STOCKBRIDGE] on this question. If he were present I he voted in the affirmative. · should vote '' yea." . Mr. CAMDEN (after having voted in the negative). It is Mr. BUTLER. I should be very glad to inquire of the Chair not necessary for me to vote now to make a quorum. I with­ or of some Senator more familiar with the parliamentary rules draw my vote. The Senator from South Dakot9. [Mr. PETTI­ than I am what would be the effect of the witharawal of my vote GREW], with whom I have a general p::1.ir, has come in. if I chose to do so? I should like to have that question decided The VICE-PRESIDENT. The Senator from Wisconsin has Have I a right to withdraw my vote? called the attention of the Chair to the fact that a Senator pres­ The VICE-PRESIDENT. Does the Senator from South ent has not voted. Rule XII has been read. The Chair will di­ Carolina desire an answer? rect the Secretary to call the name of the' Senator from Idaho. Mr. BUTLER. No,. sir; I will not press it. The Secretary called the name of Mr. DUBOIS, who failed to Upon the question, SJ?.all Mr. DUBOL.c;; beexcusedfrom voting? respond. the result was announced-yeas 21, nays 29, as follows: The VICE-PRESIDENT. The Chair will read the rule. YEAS-21. RULE Xll. Bate, Coke, Kyle, Squire, 2. When a Senator declines to vote on call of his name, he shall be requi.red Berry, Daniel, Lindsay, Vest, to assign his reasons therefor, and having assigned them, the Presiding Of­ Butler, Faulkner, Martin, Walthall, ficer shall submit the question to the Senate: " Shall the Senator, for the Call, George, Morgan, reasons assigned by him, be excused from voting? " which shall be decided Cameron, Hunton, Pefrer, Without debate; and these proceedings shall be had after the roll call and Garey, Irby, Ransom, before the result is announced; and any further proceedings in reference NAYS-29. th~reto shall be after such announcement. Aldrich, Frye, Manderson, Qnay, The Chair will hear any excuse that the Senator from Idaho Blackburn, Gallinger, Mills, Sherman. desires to make. Caffery, Gordon, Mitchell, Wis. Smith, Mr. DUBOIS. Mr. President, there are several very good Camden, Gray, Murphy, Voorhees, Cullom. Hawley, Palmer, Washburn. excuses that I could give. If I am correctly informed (if not I Davis, Hoar, Pasco, shall be very glad to be corrected) the Senator from New Hamp­ Dixon, McMillan, Platt, shire [Mr. CHANDLER] has not authorized definitely any pair of Dolph, McPherson, Proctor his. The Senator from California [Mr. WHITE] very definitely NOT VOTING-35. paired with the Senator from Delaware [Mr. GRAY] in order to Allen, Cockrell, Gorman, Higgins, protect his interests on this question. I have noticed that sev­ Allison, Colquitt, Hale, Hill, B:.ice, Dubois, Hansbrough, Jones, Ark. eral Senators have voted and withdrawn their votes as they Chandler, Gibson, Harris, Jones, Nev. 2400 CONGRESSIONAL RECORD-SENATE. 0CTOBEU 11,

Lodge, Power, Stockbridge, White, Cal. .Mitchell, Oregon Pugh, 'l'eller, White, La. The Chair has .already ruled upon the question raised by the Morrill, Roach, Turpie, Wilson. Senator from Rhode Island that debate is not in order. I insist Perltins, Shoup, Vance, Wolcott. that the Sen3.tor from Wisconsin be required to conform to the Pettigrew, Stewart, Vilas, ruling of the Chair. I make the point that he is out of 01·der. So Mr. DUBOIS was not excused. Mr. VILAS. I rise to a point of order. The VICE-PRESIDENT. The Chair will announce the vote The VICE-PRESIDENT. As the Senator from Wisconsin i upon the motion of the Senator from Indiana [Mr. VOORHEES] states that-he rises to a point of order, the Chair will hear him to lay on the table the amendment of the Senator from Kansas before deciding on the point raised by the Senator from South [Mr. PEFFER] to the pending bill. Carolina. Mr. SHERMAN. I desire to vote before the result is an­ Mr. VILAS. I do not me3Jl to dissent from what the Chair nounced. I vote " yea." rules, but for the completion of the order of the Senate declin­ Mr. VILAS. I desire t.o call the attention of the Chair to the ing to excuse the Senator from Idaho it is necessary that his fact that he has announced that the Senate has refused to ex­ name shall be called, and that he shall be required to vote in cuse the Sen a tor from Idaho from voting. obedience to the order. The VICE-PRESIDENT. The Chair has so announced. The VICE-PRESIDENT. The Chair will state that the name Mr. DOLPH. The Senator from Idaho has not voted. of the Senator from Idaho was caUed in accordance with that Mr. MANDERSON. I suggest that his name be called. suggestion, and that, without the action of the Senate, that is The VICE-PRESIDENT. The Secretary will call the name the end of the authority of the Chair upon the point. Prior to of the Senator from Idaho [Mr. DUBOIS]. that, under the last clause of the rule to which the Chair has The· Secretary called the name of Mr. DUBOIS, who failed to called the attention of the Senator from Wisconsin, it is the duty respond. of the Chair to announce the vote. Mr. MANDERSON. I rise to a parliamentary inquiry. Mr. VILAS. Then I ask that the fact that the Senator from The VICE-PRESIDENT. The Chair will hear the parlia­ Idaho refuses to vote be entered. mentary inquiry. The VICE-PRESIDENT. It will be entered, of course. in the' Mr. MANDERSON. Before making the parliamentary in­ proceedings. · quiry of the Chair, I should like to make a suggestion. Noth­ The result was announced on the motion to lay Mr. PEFFER'S ing, of course, is more desirable than that every Senator being amendment on the table-yeas 33, nays 17; as follows: present should vote, unless he has such an interest in the ques­ YEAS-33. tion as to prompt him to abstain from voting on account of his Catrery, Gallinger, McPherson, Sherman, interest. Camden, Gordon, Manderson, Smith, The rule has been read requiring that every member of this Carey, Gray, Mills, Squire, Cullom, Hale, Mitchell, WiB. Voorhees, body shall vote unless excused by the vote of the Senate, after Davis, Hawley, Murphy, Washburn, he has given his reasons for not voting. The question proposed Dixon, Hill, Platt, White, La. by the Senator from South Carolina [Mr. BUTLER] is one that Dolph, Hoar, Proctor, Faulkner, Lindsay, Quay, opens up the utter uselessness of such a rule. Suppose that on Frye, McMillan, Ransom, the vote which has just been taken as to whether the Senator from Idaho shall be excused, some Senator present did not vote. NAYS-17. Bate, Cameron, Irby, Petrer, The motion could at once be made that that Senator mw.st vote Berry, Coke, Kyle. Vest, unless excused by the Senate, and upon that vote the same thing Blackburn, Daniel, Martin, Walthall. might occur, and we might thus go around in a circle until the Butler, George, Morgan, end of time, piling motion upon motion and order upon order in Call, Hunton, Pasco, that way. It is because of this, as it seems to me, that there is NOT VOTING-34. not in the history of the Senate a precedent where a Senator has Aldrich, Gorman, Palmer, Teller, Allen, Hansbrough, Perkins, 'l'urpie, been compelled to vote. By whatprocesscouldhe be compelled? Allison, Harris, Pettigrew, Vance, Mr. ALDRICH. Mr. President- - Brice, Higgins, Power, Vilas, Mr. MANDERSON. How would you open his mouth if he sees Chandlt>r, Jones, Ark. Pugh, White, Cal. Cockrell, Jones, Nev. Roach, Wilson, fit to stand mute? Colquitt, Lodge, Shoup, Wolcott. Mr. ALDRICH. I dislike to interfere with the Senator from Dubois, Mitchell, Oregon. Stewart Nebraska, but I raise the same point of order which was raised Gibson, Morrill, Stockbndge,1 a few moments ago by the Senator from Colorado. So Mr. PEFFER's amendment was laid on the table. , The VICE-PRESIDENT. What is the point of order? Mr. VOORHEES. I desire now to state the condition of the Mr. ALDRICH. That pending the motion to lay upon the table business before the Senate. That is the only pending amend­ (and it is pending until a final decision is made) debate of all ment except the amendment which was reported to the House kinds is out of order. bill by the Committee on Finance. That is the next pending The VICE-PRESIDENT. The Chair will sustain the point of amendment, and that is debatable, and on that the Senator from order and announce the vote. Kansas [Mr. MARTIN] desires the floor, and I yield to him. Mr. MORGAN. I desire to vote. What is the question? Mr. MARTIN. Mr. President- The VICE-PRESIDENT. Thequestionon which the roll was Mr.MANDERSON. Iaek.thatthependingquestion bestated, called is the motion of the Senatorfromindiana[Mr. VOORHEES] so that we may know the parliamentary status of the bill. Is to lay on the table the amendment of the Senator from Kansa.s the question on the committee's amendment? [Mr. PEFFER] to the pending bill. Mr. VOORHEES. Yes. I will state a little more distinctly Mr. MORGAN. On that motion I vote "nay." that the amendment just laid on the table was the only pending Mr. CAMDEN. The Senator from South Dakota [Mr. KYLE] amendment except that reported by the committee itself to the is now in the Chamber and I will vote. I vote" yea." original House bill. That is still pending and will be the next Mr. KYLE. I vote" nay." in order for a vote. That being debatable, the Senator from Mr. VILAS. The question whether the Senator from Idaho Kansas takes the floor upon that amendment. shall be excused from voting for the reasonswhich:hestatedhas The VICE-PRESIDENT. The Chair has recognized the Sen­ been submitted to the Senate and the Senate has declined to ex­ ator from Kansas. cuse him. I suppose before any announcement of the vote the Mr. BUTLER. Will the Senator from Kansas yield to mefor Senator from Idaho should be required to obey the decision of a parliamentary question? the Senate. Mr. MARTIN. Certainly. The VICE-PRESIDENT. The Chair will call the attention Mr. BUTLER. May I ask the Senator from Indiana what be· of the Senator from Wisconsin to the last clause of Rule XII: came of the other amendments offered to the bill? And these proceedings shall be had after the roll call and before the result Mr. VOORHEES. Theyhavenotbeenformallyoff.ered. They 1:> annolmced; and any further proceedings in reference thereto shall be have been submitted as intended to be offered, and printed. after such announcement. Mr. McPHERSON. Will the Chair please state what is now It is for this reason that the Chair sustained the point of order the pending order of business? made by the Senator from Rhode Island. Mr. VOORHEES. House bill No.1. Mr. VOORHEES. I ask that the vote be declared on the mo­ The VICE-PRESIDENT. The Chair will state in response tion to lay on the table the amendment of the Senator from to the inquiry of the Senator from New Jersey that the pending Kansas. question is the amendment of the Committee on Finance to Mr. VILAS. Mr. President, one moment. House bill No.1. Upon that the Senator from Kansas [Mr. Mr. BUTLER. I rise to a point of order. MARTIN] is recognized. The VICE-PRESIDENT. The Senator from South Carolina Mr. McPHERSON. I wished to have it stated by the Chair, will state his point of order. · that is all. Mr. BUTLER. The Senator from Wisconsin is out of order Mr. PEFFER. Mr. President-- -.

1893. CONGRESSIONAL RECORD- SENATE. 2401

Mr. VOORHEES . . I object to- vote and to hold office in the Cherokee Outlet, Oklahoma Terri· Mr. PEFFER. I wish simply to give notice of an amend­ tory, at the first municipal elections, was read twice by its title, ment to be offered hereafter. and referred to the Committee on Territories. Mr. VOORHEES. I do not want to have it offered now. I HEARINGS BEFORE WAYS AND MEANS COMMITTEE. shall object to it now, but to a notice to be offered hereafter of course I shall not object. The following concurrent resolution from the HouseofRepre­ Mr. PEFFER. I have t:P.e permission of my colleague. I de­ sentatives was referred to the Committee on Pdnting: Resolved by the House of Representatives (the Senate conl>urring), That the sire to give notice that I shall propose the amendm~nt at the Public Printer be, and is here'Jv, authorized to print 2,000 copies of the hear­ proper time 'which I send to the desk. I ask that 1t may be ings before the Committee on Ways and Yea.ns, for the use of the House. printed. MESSAGE FROM THE HOUSE. Mr. MORGAN. Let it be read. A message from the House of Representatives, by Mr. T. 0. The VICE-PRESIDENT. The Secretary will read the amend­ TOWLES, its Chief Clerk, announced that the House had r:assed ment intended to be proposed by the Senator from Kans3s [Mr. the joint resolution (S. R. 33) authorizing the Joint Committee PEFFER.] on the Library to grant the privilege of using and drawing The SECRETARY. It is proposed to add to the bill the follow­ books from the library to the chief justice and associate jus­ ing additional sections: tices of the court of appeals of the District of Columbia. SEc. 2. The silver coins of the United Sta~es shall hereafter be the dollar, the half dollar, the quarter dollar, and the dime, made of standard metal as The messarre.alsoannounced that the House had agreed to the provided in section 8 of the act of Congress approved January 18, 1837. amendment of the Senate to the joint resolution (H. Res. 14) au­ SEc. 3. That of the silver coins the dollar shall be of the weight of 412! thorizing the State of Wisconsin to place in Statuary Hall at the grains; the half dollar of the_weight of 206} grains; the quarter dollar of the Capitol the statue of Pere Marquette. weight of 103k grains; the dime, or tenth part of a. dollar, or the_weight of 41t grains. And that dollars, half dollars, quarter dollars, and dimes shall ENROLLED BILL SIGNED. be legal tenders of payment, according to their nominal value, for any sums whatever. The said coins shall be made in the same form and have upon The message further announced that the Speaker of the House them the same devices and inscriptions as the silver coins now in circula.- had sig-ned the enrolled joint resolution (H. Res.14) authorizing the State of Wisconsin to place in Statuary Hall at the Capitol ti~~c. 4. The gold coins or the United States shall hereafter be the double eagle to contain 516 grains of standard gold, and to be of the value of $20; the the statue of Pere Marquette; and it was thereupon signed by eagle; to contain 2:'>8 grains of standard gold, and to be of the value of $10; the Vice-President. the half eagle, to contain 129 grains of standard gold, and to be of the va~ue of $5. The said coins shall be made of the same form and dimensions, With PURCHASE OF SILVER BULLION. like inscriptions and devices as the coins of like denominations made under the provisions of the act or Congress approved February 12, 1873, and shall The Senate, as in Committee of the Whole, resumed the con­ be JeO'al tenders, according to their nominal value, for any sums whatever. sideration of the bill {H. R. 1)to repeal apartof anactapproved SEC. 5. That the standard for both gold and silver coins of the United States shall hereafter be such that or 1,000 parts by weight900shall be of pure metal July 14, 1890, entitled "An act directing the purchase of silver and 100 of alloy; and the alloy of the silver coins shall be or copper; and the bullion and the issue of Treasury notes thereon, and for other alloy of the gold coins shall be of copper and silver: Provtded, That the sil­ purposes," the pending question being on the substitute reported ver do not exceed one-half of the whole alloy. from the Committee on Finance. SEC. 6. That the silver coins heretofore issued at the mint of the United States and the gold coins issued since the 31st day of July, 1834, shall con­ Mr. MARTIN addressed the Senate, and after having spoken tinue to be legal tenders or payment for their nominal values on the same for some time- terms as if they were of tbe coinage provided for by this act. SEc. 7. That gold and silver bullion brought to the mint for coinage shall Mr. PEFFER (at 9 o'clock and 52 minutes a.m., Thursday, be received and coined, by the proper officers, for the benefit of the depos­ October 12). Mr. President-- itor: Provided, That it shall be lawful to refuse at the mint any deposits The PRESIDING OFFICER (Mr. FAULKNER in the chair). or less value than $100 and any bullion so base as to be unsuitable for the operations of the mint: Ana provided also, That when gold and silver are Does the Senator from Kansas yield to his colleague? combined, if either of these metals be in such small proportion that it can Mr. MARTIN. I do. not be separated advantageously, no allowance shall be made to the depos­ Mr. PEFFER. I suggest that there is no quorum present. I itor for the value or such metal. SEc. 8. That when bullion is brought to the mint for coinage it shall be request that there be a quorum present that my colleall'ue may weighed by the Treasurer, in the presence of the depositor, when practicable, be heard by a full Senate. and a receipt given which shall state the description and weight of the bul­ The PRESIDING OFFICER. The Senator from Kansas sug­ lion: Provided, That when the bullion is !.n such a state as t.o require melt­ ing before its value can be ascertained the weight after melting shall be con­ gests the want of a quorum. The Secretary wi!l call the roll. sidered as the true weight of the bullion deposited. The Secretary called the roll, and the followmg Senators an­ SEc. 9. That all provisions or existing laws relating to coinage which are swered to their names: not inconsistent with the provisions of this shall be construed in aid of the execution of this act. Allison, Dolph, Lindsay, Proctor, SEc. 10. That all provisions of law in contlict with the provisions of this Bate, Faulkner, Lodge, Sherman, act are hereby repealed. Berry, Frye, McPherson, Smith, SEc. 11. That this act Shall take effect and be in force immediately. Blackburn, Gallinger, Manderson, Squire, Call, George, Martin, Stockbridge, The PRESIDING OFFICER (Mr. FAULKNER in the chair). Cameron, Hale. Mills, Vance, Carey, Harris, Murphy, Vest, The amendment intended to be proposed by the Senator from Coke, Hawley, PaJmer, "" Vilas, Kansas will lie on the table and be printed. .Cullom, Hunton, Peffer, Washburn. Dixon, Jones, Ark. Platt. MESSAGE FROM THE HOUSE. The PRESIDING OFFICER. Thirty-nine Senators have re­ A message from the House of Representatives, by Mr. T. 0. sponded to their names. A quorum of the Senate is not present. TOWLES, its Chief Clerk, announced that the House had passed What is the pleasure of the Senate? the following bill and joint resolution; in which it requested the Mr. ALLISON. In the absence of the Senator from Indiana, concurrence of the Senate: I move that the Sergeant-at-Arms be directed to request the A bill (H. R. 1986) to amend section 6 of the act approved presence of absent Senators in the Chamber. March 3, 1891, entitled "An act to repeal timber-culture laws, The motion was agreed to. and for other purposes;" and The PRESIDING OFFICER. The Sergeant-at-Arms will A joint resolution (H. Res. 65) fixing the qualifications to vote execute the order of the Senate. and to hold office in the Cherokee Outlet, Oklahoma Territory, Mr. BRICE, Mr. DANIEL, Mr. HILL, and Mr. WALTHALL at the first municipal election. entered the Chamber and answered to their names. The message also announced that the House had passed a con­ The PRESIDING OFFICER (at 10 o'clock and 2 minutes a. current resolution authorizing the Public Printer to print 2,000 m., Thursday). Forty-three Senators having answered to their copies of the hearings before the Committee on Ways and Means names, a quorum of the Senate is present. for the use of the House; in which the concurrence of the Sen­ ate was requested. Mr. ALLISON. I move that further proceedings under the call be disp~nsed with. BILL INTRODUCED. The motion was agreed to. Mr. CALL introduced a bill (S.1076) to release certain limita­ The PRESIDING OFFICER. The junior Senator from Kan­ tions existing in an act of Congress touching the Episcopal sas will proceed. Church at St. Augustine, Fla.; which was read twice by 1ts title, Mr. MARTIN resumed his speech. and, with the aecompanying papers, referred to the Committee Mr. WOLCOTT (at 10 o'clock and 20 minutes a. m., Thurs­ on Private Land Claims. day) Mr. President- The PRESIDING OFFICER. Does the Senator from Kansas HOUSE BILLS REFERRED. yield to the Senator from Colorado? The bill (H. R. 1986) to amend section 6 of the act approved Mr. WOLCOTT. There are less than 30 Senators in the March 3, 1891, entitled "An act to repeal timber-culture laws, Chamber, and I suggest that there is no quorum present. and for other purposes," was read twice by its title, and referred The PRESIDING OFFICER. The Senator from Colorado to the Committee on Public Lands; and suggests the want of a quorum. The Secretary will call the roll The joint resolution (H. Res. 65) fixing the qualifications to of the Senate. XXV- 151 2402 CONGRESSIONAL RECORD-SENATE. OCTOBER fl,

The Secretary called the roll, and the following Senators an­ The motion was agreed to. swered to their names: The PRESIDING OFFICER. The Sergeant-at-Arms will Allison, Dixon, Jones, Ark. Ransom, execute the order of the Senate. Bate, Dolph, Lodge, Sherman, Mr. GORMAN. I ask that my colleague [Mr. GIBSON] be ex­ Berry, Faulkner, McPherson, Smith, Blackburn, Frye, Martin, Stockbridge, cused from attendance. His health is such that his attendance Brice, Gallinger, Mills, Vance, is impossible. Call, Geor.!$e, Murphy, Vest, The PRESIDING OFFICER. The Senator from Maryland Cameron, Barns, Palmer, Vilas, Carey, Hawley, Pe!l'er, Voorh~es, [Mr. GORMAN] asks that his colleague [Mr. GIBSON] be excused Coke, Hill, Platt, WalthalL from the order of the Senateraquiring the Sergeant-at-Arms to Cullom, Hoar, Proctor, request the attendance of absent senators. Is there objection The PRESIDING OFFICER. -Thirty-nine Senators have re­ to the request? The Chairs hears none and the junior Senator sponded to their names. A quorum of the Senate is not pres- from Maryland is excused. ent. · Mr. MURPHY, Mr. PALMER, Mr. PASCO, Mr. VANCE Mr. McPHERSON. I move that the Sere-eant-at-Arms be and Mr. VIJ...~AS entered the Chamber and answered to their directed to summon the absent Senators. - names. Th'e motion was agreed to. The PRESIDING OFFICER (at 10 o'clock and 58 minutes a. The PRESIDING OFFICER. The Sergeant-at-Arms will ex­ m. Thursday). Forty-three Senators having answered to their ecute the order of the Senate. names, a quorum of the Senate is present. Mr. DAVIS, Mr. HALE, Mr. MANDERSON, Mr. SQUIRE, Mr. McPHERSON. I move that further proceedings under and Mr. WASHBURN entered the Chamber and answered to the call be dispensed with. their names. The motion was agreed to. The PRESIDING OFFICER (at 10 o'clock and 30 minutes The PRE3IDING OFFICER. The junior Senator from Kan­ a.m., Thursday). Forty-four Senators have answered to their sas will proceed. names. A quorum is present. Mr. MARTIN resumed his speech. Mr. McPHERSON. I move that further proceedings under Mr. PEFFER (at 11 o'dock and 30 minutes a.m. Thursday, the call be dispe~sed with. October 12). Mr. President, I suggest there is not a quorum The motion was agrr ed to. present. The PRESIDING OFFICER. The junior Senator from Kan­ The PRESIDING OFFICER. The Senator from. Kansas sug­ sas will proceed. gests the want of a quorum. The Secretary will call the roll. Mr. STEWART. Will the Senatorfrom Kansas give way tome The Secretary called the roll, and the following Senators an­ for a moment? !have a message here. It is one that comes from swered to their names: an enthusiastic gold m:tn. It is similar to others which have Allison, Faulkner, Hunton, Pe1·ldns, been put on my desk and I sometimes like to read them. The Bate, Frye, Lindsay, Platt, letter is as follows: Berry, Gallinger, Lodge, Proctor, BA.LTO., Oct. 11th, 1'93. Brice, George, McMillan, Ransom, Mr. WM. W. STEWART: Call, Gordon, McPherson, Roach, Camden, Gorman, Mandetson, Sherman, MY DEAR Sm: I looks in my mind that you are the leader in this great ag­ Carey, Gray, Mills, Smith, itation that is going on in the u. S. Senate for about 8 weeks. Don't you Cullom, Harris, Mitchell, of Wis. Stockbridge, know that there are hundreds of thousands of working in this supposed free Daniel, Hawley, Murphy, Walthall, country waiting and thousands starving for t.he repeal of that dastardly Davis, Higgins, Palmer, Washburn, Sherman bill? You are now warned not to put your foot on the toiler's neck Dixon, Hill, Pasco, White, of La. although you have him down, for there might be something drop between llolph, Hoar, Petrer, your feet that will surely explode. Ta.kewarnin\y ONE WHO KNOWS. Mr. JOSEPH C. S. BUCKBURN will also take warning. The PRESIDING OFFICER. Forty-seven Senators h..o1.ve an­ P. S. This is no anarchist talk; lam an American born. swered to their names. A quorum of the Senate is present The He has his bomb pictured here [exhibiting] . . Ch ir recognizes the S~nator from Kansas. Mr. ROAR. II the Senator from Nevada will allow me, I of Mr. MARTIN resumed his speech. . course will not undertake to criticise him, except he will allow Mr. POWER (at H o'clock anu 8 minutes p.m., Thursday, Oc­ me to say in all courtesy that I do not think such things do any tober 12). Mr. President, I suggest the propriety of having a good to read in the Senate. I have had three or four from the quorum present. far West which I treated as a mere jest. My honorable friend Mr. MARTIN. I should be glad to have my friend from Mon­ from Colorado [Mr. TELLER] will remember that I showed him tana withdraw that until I can answer my friend from New Jer­ one early in the session, which purported to come from his State., sey. in which the Senator from Ohio [Mr. SHERMAN] and myself were The PRESIDING OFFICER. The Senator from Montma marked out-w-ith skull and crossbones, but! supposed thatit was having suggested the want of a quorum, the suggestion can not one of those very poor jests of men who are out of employment, be withdrawn. The Secretary will call the rolL and who sometimes resort to such things to relieve the tedium The Secretary called the roll, and the following Senators and monotony of their existence. answered to their names: Mr. STEWART. I would not have called attention to the let­ Allison, George, McPherson, Ransom if Berry, Gorman, Manderson, Roach, ter it were not almost in harmony w1th the language of the Brice, Gray, Martin, Sherman, public press of New York. Call, Hale. Murphy, Smith, The PRESIDING OFFICER. The Chair recognizes the Sen­ Cameron, Harris, Palmer, Stockbridge, Carey, Hawley, Pasco, Vest, ator fJ·om Kansas [Mr. MARTIN]. Cullom, Higgins, Peffer, Vilas. Mr. MARTIN. I suppose that the letters received by my dis­ Faulkner, Lindsay, Perkins, Walthall, tinguished friend from Massachusetts from people out West of Frye, Lodge, Platt, White, of La. that character were from people who had recently gone West Gallinger, McMillan, Proctor, from Massachusetts. The PRESIDING OFFICER. Thirty-nine Senators having Mr. ROAR. I dare say. answered to their names, a quorum of the Senate is not present. Mr. MARTIN rmmmed his speech. What is the pleasure of the Senate? Mr. POWER (at 10 o'clock and 46 minutes p.m.). ~'l:r. Pres­ Mr. McPHERSON. I move that the Sergeant-at-Arms be di­ ident, I suggest the lack of a quorum. rected to request the presence of absent Senators. The PRESIDING OFFICER. The Senator from Montana The motion was agreed to. suggests the want of a quorum. The Secretary will call the roll. The PRESIDING OFFICER. The Sergeant-at-Arms will ex­ The Secretary called the roll, and the following Senators an­ ecute the order of the Senate. swered to their names: Mr. GORDON, Mr. RILL, Mr. HOAR, and Mr. HUNTON Allison, Dolph, Higgins, Proctor, entered the Chamber and responded to their names. Bate, lt,aulkner, Hoar, Ransom, Berry, Frye, Lindsay, Roach, The PRESIDING OFFICER. Forty-three Senators having Blackburn, Gallinger, .Lodge, Sherman, answered to their names, a quorum of the Senate is present. Call, Gordon, Manderson, Smith, Mr. HARRIS. I move that further proceedings under the call Cameron, Gorman, Martin, Stockbridge, Carey, Gray, Mills Wa.lthal, be dispensed with. · Cullom, Hale, Petrei·, Washburn. The motion was agreed to. Davis, Harris, Perkins. Mr. MARTIN resumed his speech. Dixon, Hawley, Platt, • Mr. JONES of Nevada (at 12 o'clouk and 21 minutes p.m., The PRESIDING OFFICER. Thirty-eight Senators have re­ Thursday,October 12). I notice, sir, that there is not a quorum .sponded to their names. A quorum of the Senate is not present. present. I ask for a quo1·um . Mr. McPHERSON. I move that the Sergeant-at-Arms be The PRESIDING OFFICER. The Senator from Nevada sug­ directed to request the attendance of the absent Senators. g~sts the absence of a quorum. The Secretary will call the roll. .•

1893. CONGRESSIONAL RECORD- SENATE. 2403

The Secretary called the roll1 and the following Senators sist on a call of the names of the absentees and to compel their answered to their names: attendance. If we are to sit here all the time subject to a fif­ Allison, Gorman, McPherson, Sherman, teen-minute call they shall do the same as far as it is in m y Berry, Gray, Manderson, Smith, power to secure it. Call, Hale, Mart in, Stockbridge, Cameron, Hawley, Mills, Vest, The VICE-PRESIDENT. The Senator from Kansas will pro­ Carey, Higgins, Murphy, Vilas, ceed. Cullom, Hill, Palmer, Voorhees, Mr. MARTIN resumed his speech. Faul!tner, Hoar, Peffer, Walthall. Frye, Hunton , Perkins, Mr. JONES of Nevada (at 1 o clock and 55 minutes p. m. 1 Gallinger, Lindsay, Platt, Thursday). I desire to ask for a quorum. I find nobody on this Gordon, Mc.M:iJlan, Ransom, side. The PRESIDING OFFICER. Thirty-seven Senators having The PRESIDING OFFICER (Mr. GRAY in the chair). The answered to their names, a quorum of the Senate is not present. Senator from Nevada suggests the absence of a quorum. The Mr. McPHERSON. I move that the Sergeant-at-Arms be Secretary will call the roll. directed to request the attendance of absent Senators. The Secretary called the roll, and the following Senators an­ The motion was agreed to. swered to their names: The PRESIDING OFFICER. The Sergeant-at-Arms will Aldrich, Frye, Lindsay, Quay, execute the order of the Senate. Allison, Gallinger, Lodge, Ransom, Bat e, George, McMillan, Sherman,· Mr. BRICE, Mr. GEORGE, Mr. HARRIS, Mr. LODGE, Mr. Berry, Gordon, Manderson, Turpie, QUA Y, and Mr. ROACH entered the Chamber and responded Caffery, Gorman, Martin, Vance, to their names. Cameron, Gray, Mills, Vest, Carey, Harris, Murphy, Vilas, The PRESIDING OFFICER. Forty-three Senators having Coke, Hawley, Pasco, Voorhees, answered to their names, a quorum of the Senate is present. Davis, Higgins, Perkins, Walthall, Mr. McPHERSON. I move that all further proceedings un- Dolph, Hoar, Platt, White, La. der the call be dispensed with. Faulkner, Hunton, Proctor, The motion was agreed to. 'rhe PRESIDING OFFICER. Forty-three Senators having Mr. MARTIN resumed his speech. responded to their names, a quorum is present. Mr. POWER (at 12 o'clock and 51 minutes p.m., Thursday, Mr. l\1ARTL.'i proceeded with his remarks. October 12). Mr. President, I suggest that there is no quorum Mr·. P OWER (at 2 o'clock and 25 minutes p.m., Thursday). present. Mr. President. there seems to be no quorum here. The PRESIDING OFFICER. The Senator from Montana The PRESIDING OFFICER. The Senator from Montana sug­ suggests the absence of a quorum. The Secretary will call the gests the absence of a quorum. The Secretary will call the roll. roll. The Secretary called the roll, and the following Senators an­ The Secretary called the roll, and the following Senators an­ swered to their names: swered to theirnames: Aldrich, Frye Lindsay, Quay, Allison, Gallinger, Lodge, Shennan, Allison, George, McMillan, Sherman, Bate, GOl'don, McMillan, Smith, Bate, Gordon, McPherson, Smith, Caffery, Gray, Manderson, Turp1e, Berry, Gorman, Manderson, Stockbridge, Call, Hale. Mills, Vest, Brice, Hale, Martin, Vest., Cameron, Earris, Mitchell, Wis. Vilas, Caffery, Harris, Murphy, Vilas, Carey, Hawley, Murphy, Voorhees, Call, Hawley Pasco, Voorhees, Coke, Higgins, Palmer, Walthall, Cameron, Higgins, Perkins, Walthall, Cullom, Hill, Pasco, Washburn, Carey, Blll, Platt, Washburn, Davis, Hoar, Perkins, White, ~a. Faulkner, Hoar, Proctor, White, La. Dolph,. Hunton, PlaLt, Frye, Lindsay, Quay, Faulkner, Jones, Ark. Proctor, Gallinger, Lodge, Ransom, The PRESIDING OFFICER. Forty-two Senators having an­ The PRESIDING OFFICER. Forty-six Senators having an­ swered to their names, a quorum of the Senate is not present. swered to their names, a quorum is present. What is the pleasure of the Senate? Mr. MARTIN resumed his speech. Mr. VOORHEES. I move that the Sergeant-at-Arms be di­ Mr. POWER (at 3 o'clock and 2 minutes p. m., October 12). rected to request the attendance of absent Senators. I c.:1.ll the attention of the Chair to the fact that no quorum is The motion was agreed to. present. The PRESIDING OFFICER. The Sergeant-at-Arms will exe­ The PRESIDING OFFICER (Mr. GRAY in the chair). T h e cute the order of the Senate. Senator from Montana suggests the absence of a quorum. T he Mr. PLATT. Mr. President, I ask that the names of the ab­ Secretary will call the roll. sentees may pe read. The Secretary called the roll, and the following Senators an­ The Secretarv read the names of the absent Senators. swered to their names: Mr. MILLS and Mr. PALMER entered the Chamber andre­ Aldrich, Frye, Lodge, Proctor, Allen, GaJlinger, McMillan, Ransom, sponded to their names. Allison, George, Manderson, Sher]llan, The PRESIDING OFFICER. Forty-four Senators having Bate, Gordon, Martin, Smith, answered to their names, a quorum is now present. Berry, Gorman, Mills, Stockbridge, Caffery, Gray, Mitchell, Wis. Turpie, Mr. VOORHEES. I move that further proceedings under the Carey, Hale, Palmer, Vance, call be dispensed with. Cullom, Hawley, Pasco, Vest, The motion was agreed to. Davis, Higgins, Peffer, Voorhees, Dixon, Hill, Pe1·kin.s, Walthall, Mr. MARTIN resumed his speech. Dolph, • Hoar, Pettigrew, Washburn, Mr. POWER (at 1 o'clock and 20 minutes p. m., Thursday). Faulkner, Lindsay, Platt, White, La. Theee is not a quorum present. I ask that the roll be called. The PRESIDING OFFICER. Forty-eight Senators have an­ ' The VICE-PRESI DENT. The Secretary will call the roll. swered to their names. A quorum is present. The Senator The Secretary cn.lled the roll, and the following Senators an­ from Kansas will proceed. swered to their names: Mr. MARTIN resumed his speech. Allison, Gallinger, Hunton, Proctor, Mr. POWER (at 3 o'clock and 25 minutes p. m. Thursday). Bate, George, Lindsay, Quay, 1 Berry, Gordon, Lodge, Ransom, There-seems to be no quorum present, Mr. President. Brice, Gorman, McMillan, Stockbridge, The PRESIDING OFFICER. The Senator from Montana Caffery, Gray, McPherson, Turpie, raises the question of a quorum bE:ing present. The Secretary Call, Hale. Manderson, Vest, Carey, H arris, Martin, Vilas, will call the roll. paniel, Hawley, Morgan, Voorhees, The Secretary called the roll, and the following Senators an­ Dolph, Higgins, Pasco, Walthall, swered to their names: Faulkner, Hlll, Perkins, Washburn, Frye, Hoar, Platt, White, La. Aldrich, Gallinger, Lodge, Proctor, Allison · Gordon, McMillan, Sherman, The VICE-PRESIDENT. Forty-four Senators have answered Bate, Gorman, Manderson, Smith, to their names. A quorum is present. Beny, Gray, - Martin, Stockbridge, Caffery. Hale, Mills, Turpie, Mr·. VOOH.HEES. I wish, with the permission of the Senator Ca r ey, Hawley, Mitchell, Wis. Vest, from Kansas, to say a single word. It is obvious that there is to Cullom. Higgins, Pasco, Voorhees, be Dixon, Rill, Peffer, Walthall, a call of the Senate everv fifteen minutes or at most every Dolp h, Hoar, Perkins, Washburn, thirty minutes with a notable absence of certain not.tbilities Fa.ulkne1·, Hunton, Pettigrew, White, La. opposed to the bill, the object doubtless being to compel an attend­ Frye, Lilldsay, Platt, ancs on the part of the friends of the bill all d J.y while theyare The PRESIDING OFFICER. Forty-three Senatorshave an­ sleeping for to-night. I give notice that for every call that is swered to their names. A quorum is present. The Senator made for a quorum of the Senate from this time on, I shall in- from Kansas will proceed. . ' 2404 CONGRESSIONAL RECORD-SENATE. OCTOBER 11,

[Mr. MARTIN resumed and concluded his speech. [See Ap• Mr. POWER (at 5 o'clock and 51 minutes p.m., Thurday). pendix.] There seems to be no quorum present. Mr. MORGAN. Mr. President, I have an amendment to the The PRESIDING OFFICER (Mr. PASCO in the chair). The pending measure which I desire to propose at the proper time. Senator from Montana suggests the absence of a quorum. The I ask now that it may be read and printed~ and I desire to make Secretary will call the roll. a brief explanation. The Secretary called the roll, and the following Senators This amendment was drawn by my colleague in the House of answered to their names: Representatives, Mr. TURPIN, of Alabama, who voted for the Allison, Faulkner, Lodge, Quay, passage of the bill that h ss come to this body. I heartily com­ Bate, Frye, McMillan, Ransom, Berry, Gallinger, McPherson, Smith, mend the amendment, with the exception of a single clause in Caffery, George, Manderson, Stockbridge, it, and that relates to the legal-tender quality of the paper is­ Call, Gordon. Mills, Teller, sues that are based upon the Sherman act and u~on the legal­ Ca~den, Gorman, Mitchell, Wis. Turpie, Cameron, Gray, Murphy, Vest, tender qualities also of the silver dollar which are provided for Carey, Hawley, Palmer, Vilas, in this added section of the bill. If I were offering the amend­ Cullom, Higgins, Pasco, Voorhees, ment in my own right and without any surrounding history, the Davis, Hill, Perkins, Walthall, Dixon, Hunton, Platt, Washburn. part tl:).at I should not approve is this: Dolph, Lindsay, Proctor. That all debts and dues~public and private, except where otherwise ex­ pressly stipulated in the contract- The PRESIDING OFFICER. Forty-seven Senators have answered to their names. A quorum is present. ! do not believe that the Congress of the United States has the Mr. TELLER resumed the floor, and after having spoken for right to impose upon the legal tender that qualification. But it some time said: has been done. It was done in the Bland act and in the Sher­ I wish to ask the indulgence of the Senate that at some other man act, and has become, I think, an element, I may say, in a time I may continue my remarks. I have not concluded what I great many contracts in this country and abroad, which have wish to say_ I have reached a point where I dislike to break pff, been based uponit. I am willing to renew the language which but I have had no rest since night before last, and I am not really is contained in those two cases in this proposed amendment, for feeling able to go on very much longer. I ask the indulgence the reason that these contracts have been thus made. After all, of the Senate. I do not want the rule invoked upon me that I it is a question that must be submitted to the courts to deter­ make two speeches, but I simply ask that I may be allowed to go mine what is the legal and constitutional significance of such a on to-morrow if the opportunity presents itself, and that it shall provision as that. · be considered as the same speech. If there is no objection, I I ask that the amendment may be read. should like to pursue that course. The amendment was read, and ordered to lie on the table and The VICE-PRESIDENT. Is there objection to therequestof to be printed, as follows: the Senator from Colorado? The Senator !rom Alabama [Mr. MoRGAN] moves to amend the title o! Mr. FAULKNER and Mr. GRAY. What is the request? House billl by adding after the word" bullion," under the act approved July 14-, 1890, entitled "An act directing the purchase of silver bullion and the The VICE-PRESIDENT. The Senator from Colorado will issue of Treasury notes thereon, and for other purposes," so that the title please restate his request. will read as follows: A billdiscontinuingthepurchaseof silver bullion under Mr. TELLER. The Senator from Nevada [Mr. STEWART] is the act of July 14, 1890, entitled. The Senator from Alabama [Mr. MoRGAN] offers an amendment to House ready to take the floor to submit some remarks. lam in the mid­ bHl 1, as follows, to wit: dle of my speech, buif I really do not feel that I ought to go on Strike out all the words in said bill after and including the word "and," very much longer, and I ask that I may be allowed to go on to­ in line 14, and insert the following: ·'There shall be coined at the several mints of the United States sllverdol­ morrow, it being considered the same speech, and that the rule lar::s of the weight of 412~ grains t.roy o! standard silver, as provided in the which provides that a Senator shall speak but once on one sub­ act of January 18, 1837, on which shall be the devices and superscriptions pro­ ject shall not be invoked against me. vided by this act; which coins, together with all silver dollars heretofore coined by the United States of like weight and fineness, shall be a. legal tender The VICE-PRESIDENT. Is there objection to the request at their nominal value for all debts and dues. public and private, except where of the Senator from Colorado? The Chair hears no objection. otherwise expressly stipulated in the contracts. rMr. TELLER'S speech will be found in the Appendix.] "And the Secretary of the Treasury is authorized and directed to pur­ chase. from time to time, an amount and quantity or silver bullion at the Mr. DUBOIS (at 6 o'clock and 20 minutesp. m., Thursday). I ma1·ket nrice thereof, and have the same coined intO standard silver dollars suggest that there is no quorum present. equal in-number to the number of gold dollars coined at said mints during The VICE-PRESIDENT. The Secretary '\fill call the roll. each of t.he calendar months, commencing on the first day of January, 1894, so that there wHl be as many standard silver dollars coined in each calen­ The Secretary called the roll, and the following Senators an­ dar ruon th and in each calendar year, as there are gold dollars coined at said swered to their names: mints; and "Provided fut·tker, that the purchases of silver bullion as above provided Aldrich, Frye, McPherson, Smith, Allison, Gorman. Manderson, Stewart, shall be paid for by the Secretary of the Treasury in standard silver doJ.. Bat,e, Gray, Mills, Stockbridge, la.rs. Berry, Hale, Mitchell, Wis. Teller, •· SEc. 2. All acts or a part of acts inconsistent with the provisions of this Brice, Harris, Morgan, Vest, act are hereby repealed." Call, Hawley, Murphy, Vilas. Mr. MORGAN. When I proposed that amendment I intended Camden, Higgins, Palmer, Voorhees, Carey, Hill, Perkins, Walthall, to propose Senate ~ill 570, reported ?ack from t~e C?mmittee on Cullom, Hunton, Platt, Washburn. Finance, as a substitute for House bill No.1, whtch 18 now pend­ Davis, Lindsay, Proctor, ing before the Senate. Dixon, Lodge, Quay, Mr. TELLER addressed the Senate. After having spoken Faulkner, McMillan, Ransom, some time, Mr. WALTHALL. I desire to state that my colleague [Mr. Mr. WOLCOTT (at 4 o'clock and 35 minutes p.m., Thursday, GEORGE] is quite unwell, and has left the Chamber on that ac­ October 12). Mr. President, I suggest that there is not a quorum count. pr·esent iri this Chamber. The VICE-PRESIDENT. Forty-six Senators have answered The PRESIDING OFFICER. The Senator from Colora-do to their names. A quorum is present. suggests that there is not a quorum present jn the Chamber . Mr. STEWART addressed the Senate. The Secretary will call the roll. . Mr. POWER (at 7 o'clo_ck and 5 minutes p.m., Thursday). The Secretary called the roll, and the following Senators Mr. President, I suggest that there is no quorum present. answered to their names: The VICE-PRESIDENT. The Secretary will call the roll. Aldrich, Dixon, Hoar, Platt, 'fhe Secretary called the roll; and the following Senators Allison, Dolph, Lindsay, Proctor, answered to their names: Bate, Faulkner, Lodge, Quay, Aldrich, Davis, Hunton, Smith, Berry, Frye, McMillan, Smith, Allison, Dixon, Lindsay, Stewart, Blackburn, Gallinger, McPherson, Stockbridge, Bate, Faulkner, Lodge, Stockbridge, Brice, George, Manderson, Teller, Berry, Frye, McMillan, Turpie, CaJI'ery, Gorman, Mills, Vest, Brice, Gallinger, McPherson, Vest, Call, Gray, Mitchell, Wis. Voorhees, Ca1fery, Gordon, Mitchell, Wis. Vilas, Cameron, Hale, Murphy, Walthall, Call, Gorman, MurlJhy, Voorhees, Carey, Harris, Palmer, Washburn. Camden, Gray, Palmer, Washburn, Coke, Hawley, Pasco, Cameron, Harris, Perkins, White, La. Cullom, Higgins, Peffer, Carey, Hawley, Platt, Davis, Hill, Perkins, Cullom, Higgins, Proctor, The PRESIDING OFFICER (Mr. BLACKBURN in the chair). Daniel, Hill, Ransom, On the call '()f the Senate, 49 Senators having responded to their The VICE-PRESIDENT. Forty-five Senators have answered names, a quorum is present. The Senator from Colorado has the to their names. A quorum is present. The Senatorfrom Nevada. floor. is recognized. Mr. TELLER resumed his speech. Mr. STEWART resumed his speech.

•. 1893. CONGRESSIONAL RECOR.D-SENATE. 2405

Mr. SHOUP (at 7 o'clock and 25 minutes p.m., Thursday). Mitchell, Wis. Proctor, Smith, Turpie, Murphy, Quay, Squire, Vest, Mr. President, it is evident there is no quorum present. Pasco. Ransom, Stewart, Voorhees, The VICE-PRESIDENT. The Secretary will call the roll. Platt,· Shoup, Sto3kbridge, Washburn. The · S~cretary called the roll, and the following Senators answered to their names: The PRESIDING OFFICER. Forty-four Senators have an­ swered to their names. There is a quorum present. Aldrich, Faulkner, Lindsay, Shoup, Bate, Frye, McMillan, Smith, Mr. QUAY. I feel it my duty to suggest that there is not a Berry, Gallinger, McPherson, Stewart., quorum of the Senate present. Blackburn, Gordon, Manderson, Stockbridge, It will be observed that the effect of the decision made by the Caffery, Gorman, Mitchell, Wis. Turpie, Call, Gray, Murphy, Vest, Chair a few moments ago would put the absolute machinery of Carey, Hale. Pasco, Voorhees, this body in the power of any one Senator; because, if the de­ Cullom, Harris, Perkins, Walthall, cision is correct, if there is no discrimination to be allowed to Daniel, Hawley, Platt, Washburn, Davis, Hill, Proctor, White, La. the Senate or to the Ch :tir, as rapidly as a computation is made Dixon, Hoar. Ransom. of Senators present upon the call of the roll for a quorum the call will be renewed, and a single Senator may check all legislation. The VICE-PRESIDENT. Forty-three Senators have answered Mr. STEWART. I object to debate. It is out of order. to their names. A quorum is present. The Senator from Ne­ The PRESIDING OFFICER. The Senate of the United States vada. is t he most dignified body in the world. The fr amers of these Mr. STEWART resumed his speech. rules did not suppose .that any Senator would violate the pro­ Mr. POWER (at 7 o'clock and 55 minutes p. m., Thursday). prieties or the decencies of the Senate; and therefore the rule is Mr. President, I suggest that there is no quorum present. made without any limitation upon a Senator, exceot his own The VICE-PRESIDENT. The Secretary will call the roll of ~~~ri~~ - the Senate. Mr. QUAY. The Chair, of course, will understand that my Mr. STEWART. I think there ought to be a quorum when I call was merely in the nature of an object-lesson. While the read the high authority I was about to read. theory of the constitution of the Senate of the United States The Secretary called the roll, and the following Senators an­ may be as stated by the Chair, my recent experience has shown swered to their names: that it may be used to the contrary. Bate, Faulkner, Hoar, Quay, Mr. STEWAR.T. I object to debate. Berry, Frye, Hunton, Ransom, The PRESIDING OFFICER. The Senator from Nevada [Mr. Cafl'ery, Gallinger, Lindsay, Smith, STEWART] is entitled to the floor. Call, Gibson, Lodge, Stewart, Camden, Gordon, McMillan, Stockbridge, Mr. CAREY. Has not the point been raised that there is no Cameron, Gorman, McPherson, Turpie, quorum present? Coke, Gray, Mitchell, Wis. Vilas, The PRESIDING OFFICER. The Chair understood the Sen­ Cullom, Harris, Murphy, Voorhees, Daniel, Hawley, Pasco, Walthall, ator from Pennsylvania to withdraw the suggestion he made. Davis, Higgins, Platt, Washburn, Mr; CAREY. I now make the point that there is no quorum Dixon, Hill, Proctor, White, La. present. The VICE-PRESIDENT. Forty-four Senators have answered The PRESIDING OFFICER. The Senator from Wyoming to their names. A quorum is present. The Senator from Ne- suggests that there is no quorum present. vada. · Mr. STEWART. I hope the Senator will not filibuster. Mr. STEWART resumed his speech. Mr. ALDRICH. I raise the question of order whether that Mr. SHOUP (at8 o'clock and 20minutesp. m., Thursday). Mr. point is in order at this time. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The Secretary will read the Mr. VOORHEES. I rise to a parliamentary inquiry. rule. The PRESIDING OFFICER (Mr. FRYE in the chair). The The Secretary read from Rule V, as follows: Senator from Indiana will state his parliamentary inquiry. 2. If, at any time during the daily sessions of the Senate, a question shali Mr. VOORHEES. I should like to know to what extent the be raised by any Senator as to the presence of a quorum, the Presiding Of­ ficer shall forthwith direct the Secretary to call the roll and shall announce right to call for a quorum may be abused in this body, bow often the result, and these proceedings shall be without debate. it may be resorted to; whether, with a knowledge that a quorum is present, that rule can be resorted to every five minutes in or­ The PRESIDING OFFICER. "If, atany time" and "by any der to impede the progress of business? That is my inquiry­ Senator." The Chair sees no escape from that. whether there is any limit of restraint, or whether that rule Mr. ALDRICH. It seems plain to an observer that that rule, stands in the same need of reformation that some other rules do if carried out as the Chair now rules, would destroy all action by in this body? I wis]l to know, Mr. President, whether there is this body at the will of any one Senator. Of course, if we were any restraint upon men resorting every five minutes to this to understand that in this dignified body no Senator would raise rule? the question of the want of a quorum simply for delay and to It seems to me, sir, that the Senate of the United States was embarrass Senators, then the interpretation put upon the rule organized when it was composed of gentlemen who would not by the Chair would probably be a correct one; but if these sug­ abuse a right of this kind. I should like to know the construc­ gestions are to follow one after another, it will work the destruc­ tion which the Chair gives to the privilege of occupying time tion of the legislative functions of this body a.t the will of one in calling for a quorum, even though every seat may be filled Senator. with Senators present. I suggest that that interpretation of the rule must be erroneous. The PRESIDING OF·FICER. In the terms of the rule there T here must be some interposition or some business to intervene is no limitation, and the Chair knows of no power in the Presid­ between one call of the Senate and another, it seems to me. ing Officer to place a limitation. Mr. FAULKNER. I should like to ask the Senator from Mr. STEWART. I will say that I hope the roll will not be Rhode Island whether the only official information that we have called unless there is a count to find that there is not a quorum, at this time, or whether there is or is not a quorum is not the for we are entitled to a quorum. announcement from the Chair, which has just been made, and Mr. VOORHEES. Of course you are; but five or six times whether some interval of the time must not necessarily inter­ within the last hour a call has been made, and each time enough vene between that official announcement and the time when the Senators have responded to comply with the rules of a quorum, want of a quorum is suggested? and without any evidence that anybody had left or that that I admit, Mr. President, that it is a very difficult question to number had been diminished the call is again and again and decide what interval of time or what business shall intervene be­ again made. tween an official announcement that a quorum is present in the Mr. SHOUP. I h ave suggested the want of a quorum, Mr. Senate and the privilege conferred upon any Senator to announce President. to the Chair that, in his judgment, a quorum is not present. But The PRESIDING OFFICER. The Senator from Idaho sug­ certainly there must be a reasonable interpretation put upon gests that there is no quorum present. The Secretary will call that rule; and after the official announcement of that sort one the roll. call, ~mmediately followed by another, it seems to me, should The Secretary called the roll, and the following Senators an­ not be entertained by the Chair. swered to their names: The PRESIDING OFFICER. The Senate cari give a con­ Aldrich, Carey, Gallinger, Hill, struction to the rule by an appeal from the decision of the Chair. Allison, Coke, Gibson, Hoar, 1r. STEWART. I think there is no question pendino· now. Bate, Cullom, Gordon, Hunton, The appeal is withdrawn. ' "' Caffery, Davis, Gorman, Lindsay, Call, DiXon, Hale, Lodge, Mr. ALDRICH. I understood the Senator from Wyoming Camden, Faulkner, Hawley, McMillan, [Mr. CAREY] to raise the question that there is no quorum Cameron, Frye, Higgins, Manderson, present. 2406 CONGRESSIONAL RECORD-SENATE. OCTOBER 11,

The PRESIDING OFFICER. He did, and the Chair directed The PRESIDING OFFICER. Does the Senator from Nevada the Secretn.ry to call the roll. yield to the Senator from Tennessee? Mr. ALDRICH. On that I raised the question of order, and Mr. STEWART. Certdnly. the Chair decided that that suggestion was in order. Mr. HARRIS. I do not C!Lre to have the amendment read, but The PRESIDING OFFIC.EH,L The Chair does~ The Secre­ I ask that it be printed and lie on the tab'e. ary will eall the roll. Mr. ALLISON. I should like to heH the amendment read, if 'I'he Secretary called the roll; and the following Senators an­ the Senator from Nevad:1 will permit. swered to their names: Mr. S I'EW AR I'. Certainly. Aldrich, Frye, Hunton, Stewart, The PRESIDING OFFICER. The amendment will be read. Bate, Gallinger, Lodge, Stockbridge, Berry, Gibson, McMillan, TUrpie, The amendment was read, as follows: Caffery, Gordon, McPherson, Vest, . Amendment intended to be proposed by Mr. HARRIS to the bill (H. R. 1) to Call, Gorman, Ma.nderaon, Vilas, repeal a pare ?fan act ~pproved J~y 14, l8JO, entitled "An act directing the Camden, 'Gray, Murphy, Voorhees, purchase-of Silver bullion and the Issue of Treasury notes thereon. and ror Cameron, Hale, Pasco, Waithall, other purposes,'' .viz: :::itrike out all in line 14, p ge 2, to line 26, inclusive, and Carey, Harris, Platt, Washburn, insert the followmg: cunom, Hawley, Proctor, White, La.. "That the seigniorage or profit fund which has resulted from the purchase Davis, Higgins, Quay, or coinage of silver bullion shall be coined into silver dolla:rs of standard Dixon,, Hill, Ransom, weight and fineness. with. full legal-tender quality, at the rate of not less Faulh-ner, Ho tr, Squire, than $3,000,000 per month, and such dollars shall be covered into the Treas­ ury. The PRESIDING OFFICER. Forty-five Senators have an­ •· SEc. 2. That when all the seigniorage o:r profit-fund bullion shall have been swered to their n3.ID.es. There is a quorum present. coined as required by the first section of this act, it shall be the duty of the Mr. STEW ART resumed his speech. Secretary of the Treasury to purchas.e each month silver bullion at the mn.r­ ket value in quantities sufficient to coin not less than-- dollars, each and Mr. WOLCOTI' (at 9 o'clock and 13 minutes.p. m., Thursday). every mon h; and he is hereby directed to coin the said bullion monthly. as A count discloses the fact that there are but 2~ Senators in the fast as pmchased, into standard silver dollars, and a sum su:licient to carry Chamber. I suggest the absence of a quorum. into effect the provisions of this act is hereby appropriated out or any money in the Treasury not otherwbe appropriated. The PRESIDING OFFICER (Mr. FRYE in the chair). The "SEO. 3. 'l'ha.t when any•pa.J?er circulating notes or certificates, of whatso­ Senator from Colorado suggests that there is no quorum pres­ ever character, of denominatwns less than $10, issued under authority of the ent. The Secretary will call the roll. United :::itates, exce]}t :national-bank notes or certificates redeetDable only in silver dollars, shall be received at the Treasury or any subtreasul'y, they The Secretary called the roll, and the following Senat9rs an­ shall not be reissued, but shall be assorted, counted, and recorded, and im­ swered to theh' names: mediately destroyed in accordance with exiscing provisions of law. An.d Allison, Dixon, Hoar, Quay, as rapidly as said notes or certificates are destroyed they shall be replaced Bate, Faulkner, Hunton, Ransom, by an equal amount of like notes. or certificates of denominations not less. Blackburn, Frye, Lindsay, Smith, than $10. Brice, Gallinger, Lodge, Squire, ' ·SEc. 4. That hereafter no national-bank notes shall be issued of a. less de­ Caffery, Gordon, McMillan, Stewart, nomination than 10, and all such national-bank notes when received at the CalL Gorman, McPherson, Stockbridge, Treasury or any subtreasury shall be destroyed in accordanee with law; and Ca.mden, Gray, Manderson, Turpie, the national banking associations whose notes are destroyed under the pro­ Cameron, Hale, Morgan, Vest, visions of this section shall be re.spectively require to substitute notes o.r Carey, Harris, Murphy, Voorhees, denominations not less than $10 in lieu of those destroyed. Coke, Hawley, Pasco, Walthall, "SEC. 5. That trom and after the passage of this act the coinage of the two­ Cullom, Higgins, Platt, Washburn, and -one-half dollar gold piece, and the five-dollar gold piece. is here by prohib­ Davis, Hill, Proctor, White, La. ited, and the coins aoove named shall not be struck or issued by tt1e Mint of the United States, and such coin.s when received at the Treasury or any The PRESIDING OFFICER. Forty-eight Senators have re­ subtreasury shall be withdrawn from circulation and recoined into eagles spon.ded to their n!:t!Iles. A quorum is present. and double eagles in accordance with law. Mr. SI'EvVART resumed his spe~ch. ·' SEc. 6. That the holder of any standard silver dollars \Vhich have been or may be coined may deposit the same with the Treasurer oT any assistant Mr. DUBOIS (at 9 o'clock and 45 minutes p.m., Thursday). treasurer of the United States in any sum, ana receive therefor notes of Mr. President-- denominations let>s than $10 only, which notes shall have the same le­ Mr. STEWART. I hope the Senator from IdHho will not in­ gal-tender quality as the coin for which tht~y are exchanged. The coin de­ posited for or r epresenting the said notes shall be retained in the Treasury terrunt me. Let me go on. for the payment or the same on demand." Mr~ DUBOIS. There are only 17 Senators in the Chamber. I ask tbat the roll becalled toascert:l.in the presence ol a quorum. The PRESIDING O FFICER. The propo!;ed amendment will The PRESIDING OFFICER (Mr. GALLINGER in the chair). be printad and lie on the table. The question ha ving been raised by the Senator from Idaho that Mr. ALLISON. This amendrr:ent, coming as it does from the a quorum of the Senate is not prasent, the roll will be called. distinguished Senator from Tenne.:;see, a member or the Finance The Secret.::Lry called the roll, and the following Senators an­ Committee, h:tS a significance which does not ordinarily attach swered to their names: to amendments offered in the Senate. I notice an import::mt ~llison, Frye, Lindsay, Smith, clause with a blank. I wish t0 ask the Senator from Tennessee 13lackburn, Gallinger. Lodge, Stewart. whether that is not an omission? Brice, Gorman, McMillan. Stockbridge, Mr. HARRIS. It i:> not~ The blank was left so that the Sen­ Call, Gray, McPherson, Turpie, Camden, Hale, ManJerson, Vest, ator from Iowa or any other Senator can test the sense of the Carey, Harris, Morgan, Voorhees, Senate as to the amount which shall fill that blank. It was in­ Coke, Hawley, Murphy, Walthall, tentionally left. Cullom, Higgins, Pasco, Washburn. DaYis, Hill, Platt, The PRESIDING OFFICER. The Senator from Nevada will Dixon, Hoar, Proctor, proceed. Faulkner, Hunton, Quay, Mr. STEWART resumed his speech. 'l:he PRESIDING OFFICER. Forty-one Senators have an­ Mr. WOLCOTT (atlOo'clock and 16minutes p.m., Thursday). swered to their names. Less than a quorum of the Senate is There. are but 22 Senators in the Chamber and I suggest the ab­ present. What is the pleasure oi the Senate? sence of a quorum. Mr. VOORHEES. I move that the Sergeant-at-Arms be di­ The PRESIDING OFFICER. The Senator from Colorado hav­ rected to secure the a.ttendmce of Senators-to request, secure, ing raised the point that a quorum of the Senate is not present, compel, or whatever order is necessary. the Secretary will c ill th.e roll. The PRESIDING OFFICER. It is moved that the Sel'geant­ The Secret:lry called the roll, and the following Senators an­ at-Arms be directed to request the attendance of absent Sena­ swered to their names. tors. Aldrich, Faulkner, Lindsay, Proctor, The motion was agreed to. Allison, Frye, Lodge. Quay, Bate, Gallinger, McMilla.n, Smith, The PHESlDING OFFICER. The Sergeant-at-Arms will Caffery, Gorman, McPherson, Stewart, execute the order of the Senate. Camden, Hale. Manderson., Turpie, . Mr. ALDRICH, Mr. MITCHELL of Wisconsin, Mr. RAN­ Carey, Harris, Mitchell, Wis. Voorhees, Coke. Hawley, Morgan, Walthall, SOM, Mr. SQUIRE, and Mr. WHITE of Louisiana entered the CUllom, Hiq;gins. MurpJ.y, Washburn, Chainber and l'hnswered to their names. Davis, Hill, Pasco, White, La. The PRESIDING OFFICER(at 9 o'clock and 50 minutes p.m., Dixon. Hoar, Platt. Thursday). Forty-six Senators have answered to their names. The PRESIDING OFFICER. Thirty-nine Senators having A quorum of the 8enate is pr ~sent. answered to their n'lmes, less th1.n a quorum of the Senate is Mr. HARRIS. I move that all further proceedings under the present. What is the pleasare of t he Senate? call be dispensed with. Mr. VOORHEES. I move th3,t the Sergeant-at-Arms be di­ The motion was agreed to. rected to request the attend:mce of ab3ent Senators. The PRESIDING OFFICER. The Senator from Nevada will The motion was agreed to. proceed. The PRE3IDING OFFICER. The Sergent-at·Arms will ex­ Mr. HARRIS. I ask the Senator from Nevada to yield to me ecute the order of the Senate. for a single moment in order that I may send to the desk an Mr. CALL, Mr. GRAY, Mr. HUNTON, and Mr. RANSOM amendment which I shall propose hereafter to the pending bill. entered the Chamber and answered to their names. 1893. CONGRESSIONAL RECORD-SENATE. 2407

The PRESIDING OFFICER (at 10 o'clock and 20 minutes p. Mr. VOOR'IEES. Yes, he will be here in a few moments. m., Thursday). Forty-three Se~ators having answered to their Mr. PALMER lat 11 o'clock and!) minutes p. m., Thursda;y) names, a quorum of the Senate lS present. entered the Chamber and answered to his name. Mr. VOORHEES. I move thatfurtherproceedingsunderthe Mr. ALLISON. My colleJ.gue [Mr. WILSON] is detuned at call be dispensed with. his home in Iowa by illness. I ask that he may be excused from The motion was agreed to. attendance. · Mr. ST.fijWART resumed his speech. The VICE-PRESIDENT. Is there objection? The Chair Mr. WOLCOTT (at 10 o'clock and 47 minutes p. m., Thurs­ hears none, and the request is grant ~ d. day). Mr. ~resident, there is a conspicuous absence of a quo­ Mr. VILAS (at 11 o'clock and 24 minutes p.m., Thursday) en­ rum. tered the Chamber and responded to his name. The PRESIDING OFFICER. The Secretary will call the roll. Mr. BERRY (atllo'clock and25 minutes p. m., Thursday) en­ The Secretary called the roll, and the following Senators an­ tered the Ch.1mber and responded to his name. swered to their names: The VICE-PRESIDENT. Forty-three Senators have an­ Allison Gordon, Lindsay Proctor, swered to their names. A quorum is present. Bate, Gorman, Lodge, Quay, Mr. STEWART. Mr. President-- Catrery Gray, McMillan, Smith, Camden, Hale, McPherson, Squire, J,1:r. VOORHEES. If ~he Senator from Nevada will allow CulJom Harris, Mander son, Stewart, me, I move to suspend all further proceedings under the c:tll. Davis, Hawley, Mitchell, Wis. Turpie, The VICE-PRESIDENT. The question is on the motion: of Dixon, Higgins, Morgan, Voorhees, Faulkner, Hill Murphy, Washourn, the Senator from Indiana. Frye, Hoar, Pasco, White, La. The. motion was agreed to. Gallinger, Hunton, Platt, Mr. STEWART resumed his speech. Tho VICE-PRESIDENT. Thirty-nine Senators have an­ Mr. WOLCOTT (at 11 o'clockand58minutesp. m., Thursday). swered to their names. _There is no quorum present. With the permission of the Sena.tor from Nevada, as this seems Mr. VOORHEES. I a k that the names of the absentees be to be a pertinent point to int3rrupt him and there is an absence called of a quorum here, it is my duty, Mr. . President, to make that The VICE-PRESIDENT. The Secretary will call the names suggestion. of the absentees. The PRESIDING OFFICER (Mr. FAULKNER in the chair). The Secretary called the names of the absent Senators. The Senator from Colorado suggests the absence of a quorum. Mr. BRICE (at 10 o'clock and 51 minutes p. m~) entered the The. Secretary will call the roll. Chamber and answered to his name. The Secreta.ry called the roll, and the following Senators an­ Mr. VOORHEES. I move that the Sergeant-at-Arms be di­ swered to their names~ · rected to request the attendance of absent Senators. Allison, Frye, Lindsay, Quay, The motion was agreed to. B a.te, Gallinger, Lotlge, Smith, Berry, Gordon, McMillan, Squire, The VICE-PRESIDENT. The Sergeant-at-Arms will execute Brice, Gorman, McPherson,. Stewart, the order of the Senate, Caffery, Gray, . Manderson, Vilas, Mr. GORMAN. I ask that my colleague [Mr. GIBSON] may Camden, Hale, Mit chell, Wis. Voorhees, be excused from attendance to-night, as he is too ill to be here. earey, Hawley, Morgan, Washburn, Cullom, higgins1 Murphy, White, La. The VICE-PRESIDENT. Is there objection to the request of Davis, Hill, Palmer, the S .m ator from Maryland, that his col]J3agUI3 [Mr. GIBSON] be Dixon, Hoar, Pasco, excused on account of sickness? The Chair hears no objection, Faulkner; 'Hunton, Platt, and it is so ordered. The PRESIDING OFFICER. Forty-one Senators have an­ Mr. TURPIE. I ask that the same action be taken in respect swered to their n't!D.es. A quorum of the Senate is not present. to the Senator from Mississippi [Mr. GEORGE]. He was quite ill Mr. VOORHEES. I ask that the names of the absentees may when he left the Chamber this evening. be called. The VICE-PRESIDENT. Is there objection to the request of The PRESIDING OFFICER. The Secretary will read the the Senator from Indiana, that the Senator from Mississippi [Mr. names of ab.:;ent Senators. GEORGE] be excused on account of sickness? The Chair hears Mr. VOORHEES. And with particular emphasis on the no objection, and it is so ordered. names of those who are in the Chamber and not answering to Mr. GRAY. I ask that the Senator from Mississippi [Mr. their names. WALTHALLl be excused on account of indisposition. The Secretary read the names of the absent Senators. The VICE-PRESIDENT. Is there objection? The Chair Mr. VOORHEES (at 12 o'clock and 3 minutes a.m., Friday, hears none. October 13). I move that the Sere-eant-at-Arms be directed to Mr. LODGE. I ask that the Senator from Michigan [Mr. request the attendance of absent Senators. STOCKBRIDGE], who left the Senate Chamber owing to indispo­ The motion was agreed to. sition, be excused. The PRESIDING OFFICER. Tlie Sergeant-at-Arms will Th{:3 VICE-PRESIDENT. Is there objection to the request of execute the order of the Senate. the Senator from Massachusetts, that the Senator from Michigan Mr. VOORHEES. I desire to say in this connection-­ [Mr. STOCKBRIDGE] be excused? The Chair hears no objection, The PRESIDING OFFICER. Deb.:tte can not proceed ex­ and it is so ordered. cept by unanimous consent. Is there objection? The Chair Mr. GORDON. I ask that my colleague [Mr. CO-LQUITT] be ex­ hears none. cused on the same ground. Mr. VOORHEES. My colleague [M1~. TURPIE}, who came to The VICE-PRESIDENT. Is there objection to the request of this session of Congress out of health, has answered every roll the Senator from Georgia, that hiscolle1gue [Mr. CoLQUITT] be call except the last. He has been compelled to retire from the excused on the ground of sickness? The Chair hears no objec­ Chamber and go home, on account of indisposition. I ask that tion, and it is so ordered. he may be excused. Mr. ALLISON. My neighbor, the Senator from Oregon [Mr. The PRESIDING OFFICER. Is there objection to the re­ DOLPH], about 6 o'clock thifl evening stated to me that he felt quest of the Senator from Indiana? The· Chair hears none, quite unwell and was obliged to return to his home on account and it is so ordered. of illness. I hope under the circumstances he may be excused. Mr. VOORHEES. I think it butrightthatishouldstatethat The VICE-PRE3IDENT. Is there objection to the request of the Senator from Missouri [Mr. VEST] told me that he left the the Senator from Iowa, that the Senator from Oregon [Mr. DOLPH] Chamber this evening bec::~.use o.f severe indisposition. While be e'{cused? The Chair hears no objection, and it is so ordered. he did not ask me to announce the fact or have him excused, yet Mr. BATE. I ask that the gentleman from North Carolina I venture to do so; and I ask that he may be released h·om the [Mr. VANCE j be excused. opera.tion of the order. • The VICE-PRESIDENT. Is there objection to the request The PRESIDING OFFICER. Is there objection to the re­ of the Senator from Tennessee, that the Senator from North quest oftbe Senator from Indiana. The Chait· hears none, and Carolina [Mr. VANCE] be excused on account of illness? The it is so ordered. Chair hears no objection, and it is so ordered. Mr. GORDON. As is well known by theSenate,my colleague Mr. CULLOM. Mycolleague[Mr.PALMER]hasbeenvery-­ [Mr. COLQUITT] is unable to attend, and I ask that he be ex­ Mr. VOORHEES. I have sent for the Senator's colleague. cused from the order of tbe Senate. He requested me to send for him when wanted. I know where The PRESIDING OFFICER. The Chair will state to the he is. He is in his committee room. He will be here in a. few Sena.tor from Georgia th!tt an order has ..already been made ex­ moments. cusing his colleague from further attendance. Mr. CULLOM. All right. I was going to state that my col­ Mr. GORDON. I was not aware of it. league had been very regular in attendance, and I have no doubt Mr. BERRY~ I ask that the Senator from Mississippi (Mr. he is ill or he would be here now. WALTHALL) may be excused from attendance. 2408 CONGRESSlONAL RECORD-SENATE. OCTOBER 11,

The PRESIDING OFFICER. That order has been made. uous session unbroken. It woula not do for me to have this con­ Mr. BERRY. I was not present when it was done. tinuous session broken, because I have said to the country, and Mr. MANDERSON (at 12:17 o'clock a.m., Friday, October 13). the newRp=tper press will hold me to what I have said, that the I ask whether a report has come to the Senate from the Ser­ session must be continuous from this on. If we should adjourn geant-at-Arms touching his action under the Senate's order? to-day it would not be continuous. To-morrow we should be in The PRESIDING O:B'FICER. The report has not yet come, a new session, in a session of Friday, whereas if we take a recess the Chajr will state to the Senator from Nebraska. we should be in sesswn as of Wednesday. This would enable Mr. MANDERSON. I hope when it comes, it may be laid be­ me to keep my wot>d, which is exceedingly important to the . fore the Senate for its information. press of the country. Mr. GALLINGER. Mr. President, I ask -unanimous consent Mr. STEW ART. The Senator has promised the press, and to make a brief statement. · he must keep his promise. The PRESIDINGOFFICER. Is there objection to the request Mr. VOORHEES. I explain myself fully and state all tha t is of the Senator from New Hampshire? The Chair hears none. going on in my mind even to our private conversation here. II Mr. GALLINGER . Mr. President, I came into the Senate I could prevail upon the Senator from New H ampshire to pre­ Chamber on Wednesday at 11 o'clock in the forenoon and h ave vail upon these other folk to let m e to do so, I believe I should remained here continuously, not having gone outside of the Cap­ venture to move a recess and take a little rest, per h aps, for, after itol building; have gone absolutely without rest; h ave answered all, human nature h as its limits, Mr. President, and nobody all the roll calls, forty in number; and now, at 12 o'clock and 45 must expect that men can go both day and night very long with­ minutes a.m. on Friday, I am here and find the Senate without out sleep and without rest. and in violation of all the laws of a quorum, and apparently withoutanyprobability that a quorum health and of life. will be found. Mr. GALLINGER rose. I rise simply for the purpose of asking the distinguished Sen­ Mr. VOORHEES. I yield to the Senator from New H amp­ ator who has charge of the pending bill, whether he expects us shit>e with pleasure. to continue here much longer without sleep, or whether he would The PRESIDING OFFICER. Is there objection to the Sen­ feel that some of us who have followed him in his advocacy of ator from New H ampshire speaking? The Chair h ear s none, the pending bill, greatly desiring to reach a vote upon it and and the Senator will proceed. ready to vote at any time, would be discharging our duty if we Mr. GALLINGER. In response to the kindly suggestion of should leave the Senate Chamber and seek much-needed rest. the Senator from Indiana, it is perhaps unfortunate that I have The Senator need not answer unless he chooses, but if he does very little influence with the so-called silver Senators on this not answer I certainly shall feel it incum\>ent upon me, before side of the Chamber. many more hours elapse, to seek rest, which I very much need. Mr. VOORHEES. I would ask the Senator if he knows of Mr. VOORHEES. Mr. President, I have no hesitation-­ anybody who has? [Laughter.] The PRESIDING OFFICER. If there be no objection the Mr. GALLINGER. If I had such influence, Mr. President, I Chair will recognize the Senator from Indiana. The Chair hears should be very happy indeed to exert it to the utmost of my none, and the Senator from-Indiana will proceed. ability to accommodate the Senator from Indiana and myself. Mr. VOORHEES. I have no hesitation whatever in answering It strikes me there is one difliculty, and the Senator from In­ as well as I can. There are, however, situations in life when it diana will discover it upon a moment's reflection~ it any effort is is difficult to make answer, and this is one of them. made now to take a recess. As I understand the matter, we are After much delay we em barked yesterday in an effort to reach here without a quorum, and only one motion can be made under the end of this controversy and action upon this m easure. I the rules of the Senate, which is to adjourn. I do not urge an knew that it was not a voyage of ease or pleasure; I knew that it adjournment. I appreciate the position the Senator from In­ was not an effort of one day or one night, or two days or two diana has taken, that he desires the session to be continuous. nights. I think, perhaps, my experience warned me and pre­ Of course, that is entirely in his hands, and I certainly should pared me for what has happened a little better than some others not feel it my duty or privilege to interfere. who have not been so long in public life as I have been . . Mr. VOORHEES. If there was not a disposition.to look too I would gladly to-night give rest to the Senate, but I thought narrowly into the question of a quorum, we might take a recess; there had not been time enough occupied to iustify a break. I for really in numbers there is a quorum here. My good friend, know two nights in succession upon men who have reached 50 the Senator from Nevada [Mr. JONES], with his great abilities, and some 60 and some more than 60 years of age, is an extreme always insists that the question of money is governed bynum­ trial. Since 6 o'clock yesterday morning, now, I believe, about bers. That is the way with a quorum, and the fact being that fort.y-two hours, I have slept perhaps ten minutes more than one way, if it were not too narrowly inquired into, I think we could hour. I anticipated this, and prepared for it as well as I could, have a recess until to-morrow at 10 o'clock. I am aware that we and I am meeting it in as cheerful a spirit as possible. can adjourn, but I have preferred to wait for a quorum rather I confess, Mr. President, if I could so order it at this time, I than to make the effort to adjourn. should ask for a recess from this time, sayuntillO o'clock to-mor­ I believe that is all I can say. row morning. There is an effort being made to bringaquorum Mr. MANDERSON. I should like to ask the Senator from here. I do not think a quorum ought to have left to-night. I Indiana whether he considers that a continuous session which think a quorum will be brought here if we stay. I think a quorum has the break which he proposes from 1 o'clock until10? will l>e shown; but after it comes here, there is not much to grow Mr. VOORHEES. It will so appear in the RECORD. [Laugh­ out the balance of the night. There are about forty Senators now ter.] here answering to their names, and seven or eight kindly lux­ Mr. MANDERSON. I am asking as to the physical fact, and urious souls sitting around who do not answer to their names. not the record fact. [Laughter.] They are enjoying themselves to such an extent Mr. VOORHEES. The Senator knows very well, for he is a that they do not even make the exertion to answer. They are better parliamentarian than I, that that is a continuous session too indolent and too much disposed to care for themselves to in parliamentary law. make that exertion; of course there is no other motive, except Mr. HILL. Mr. President-- they want to rest and be quiet. I make all due allowance for The PRESIDING OFFICER. If there be no objection the them. But, aside from them, taking the active, well-disposed Chair will hear the Senator from New York. The Chair hears persons who answer to their names, there are forty, perhaps no objection, and the Senator will proceed. forty-one, and we shall get some more here directly. Our Ser­ Mr. HILL. Mr. President, there is one view of this question geant-at-Arms is an efficient executive officer. which has not been presen~d. Of course, if an adjournmentor I have seen how these things work. They make delay and we a recess is to be h ad, it ought to be had without injustice to any­ sit here and recall circumstances and pass away the time as well one, We all know the fact that the distinguished Senator from as we can. I have been sitting here the last hour with my friend Nevada[Mr. STEWART] has really had no opportunity this ses­ from West Virginia [Mr. CAMDEN]and·his friend sitting by him sion to express his views upon the subject of silver [laughter], and there. I do not mind taking the Senate and the country into our I pr otest against any injustice being done him by an adjourn­ confidence. We h ave been talking about the John Brown raid ment or a recess at this time. He oug-ht to h ave an opportunity and talking about my attending a trial down there. Then we to present his views upon this new and mo t int e restin~ subject. proceeded to discuss Henry A. Wise and things of that kind. He has a larger audience here to-night than he has h aa on some So that we get pretty nearly even with those gentlemen who will occasions during the day time [laughter], and I think he ought not exert themselves enough to answer to their names. If they to be permitted at the earliest opportunity as soon as a quorum will stay here long enough we shall have a quorum and go on. arrives-we have assurances that somewhere one is on its way Bu.t if I could made a lodgment in their minds at this time, toward this building-we may then hear the distinguished Sen­ and they would not resist it, I am not certain but what I should ator from Nevada discuss this subject so ably as he always does. suggest, possibly put it in the shape of a motion, that we go Mr. STEWART. Thank you. [Laughter.] home and rest until t.o-ruorrow at 10 o'clock, or half past 10, and Mr. HILL. Don't mention it. [Laughter and applause in the then come bJ.ck and go to work. That would keep the contin- galleries.] • 1893. CONGRESSIONAL RECORD-HOUSE. 2409

The PRESIDING OFFICER. The Chair will call the atten­ HOUSE OF REPRESENTATIVES. tion of the galleries to the fact that any evidences of approval ~r disapproval are not permitted by the rules of the Senate, and If WEDNESDAY, October 11, 1893. persisted in the Chair will require the Sergeant-at-Arms to clear ·The House met at 12 o'clock m. Prayer by the Rev. RUMSEY the galleries. SMITHSON, of Washington, D. C. Mr. QUAY. Mr. President-- The PRESIDING OFFICER. The Chair will recognize t~e JOURNAL. Senator from ·Pennsylvania, if there be no objection. The Chair The journal of yesterday's proceedings was read. hears none. Mr. BURROWS. Mr. Speaker, I notice that the Journal Mr. QUAY. !should like to hearfrom the Senator from Colo­ stated that the report from the Secretary of the Interior in re­ rado [Mr. WOLCOTT], who seem~ to have some influence with the gard to pension matters was referred to.the Committee on In­ silver Senators, whether there 1s any response to .be had upon valid Pensions and not ordered to be prmted. It ought to be that side to the suagestion of the Senator from IndB.na? • printed. I suppose the order can be made now. Mr. MANDERs'bN. According to the record the Senator The SPEAKER. It will be ordc.red printed. The order can from Colorado is not present. be made now. Mr. PROCTOR (at 1 o'clock and 4 minutes a. m., Friday) en­ Mr. GOLDZIER. Mr. Speaker-- entered the Chamber and r esponded to his name. The SPEAKER. For what purpose does the gentleman rise? Mr. BLACKBURN (at 1 o'clock and 6 minutes a.m., Friday) Mr. GOLDZIER. I rise to a question of personal privilege. ~ntered the Chamber and answered to his name. The SPEAKER. With reference to the Journal? The PRESIDING OFFICER. Forty-three Senators having Mr. GOLDZIER. I desire to state that I was on my way to answered to their names, a quorum is present. · attend the session of the House yesterday and was prevented Mr. GRAY. I move that further proceedings under... the call reaching here by an accident that occurred on the road. Had! be dispensed with. been present I would have voted" nay" on both the amendments, The motion was agreed to. and would have voted '' '3-ye" on the passage of the bill before the The PRESIDING OFFICER. The Senator from Nevada will House. proceed. The SPEAKER. If there be no objection the Journal will be Mr. STEWART resume~his speech. approved. Mr. WOLCOTT (at 1 o'clock and 24 minutes a. m., Friday). There was no objection. There are but seventeen Senators in the Chamber. I feel it my duty to sugaest the absence of a quorum. LEAVE OF ABSENCE. The PRESIDING OFFICER. The Senator from Colorado By unanimous consent, leave of absence was granted as follows: suggests the absence of a quorum. The Secretary will call the To Mr. HULL, for three weeks, on account of important busi­ roll. . ness. The Secre ary called the roll, and the following Senators an­ To Mr. TAWNEY, for two weeks, on account of important busi­ swered to their names: ness. All1son, Frye, Lindsay, Proctor, Bate Gallinger, Lodge, Quay, To Mr. HOPKINS of Pennsylvania, indefinitely, on account of Berry, Gordon, McMillan, Smith, important business. Camden, Gray, McPherson, Squire, To Mr. HARRIS, for three days, on account of important busi­ Oarey, Hale, Manderson, Stewart, Cullom, Hawley, Mitchell, Wis. Vilas, ness. Davis, ~ftns, Palmer, ~~:£:n., SELECTION AND PURCHASE OF SITE FOR BUILDING AT SAN ~J~ner, Hoar, ~~~ · White, La. FRANCISCO, CAL. The PRESIDING OFFICER. Thirty-six Senators have an­ swered to their names. A quorum of the Senate is not present. The SPEAKER laid before the House a letter from the Sec­ Mr. HUNTON entered the Chamber and answered to his retary of the Treasury transmitting, pursuant to House resolu­ tion of the 4th instant, all papers relating to the selection and name. purchase of a site for a building at San Francisco. Mr. VOORHEES. I ask that the names of the absentees be The SPEAKER, This communication will be referred to the called. Committee on Public Buildings and Grounds. There will be no The PRESIDING OFFICER. The Secretary will call the order to print this report, because it is very voluminous, until names of the absentees. it can be looked over by the committee and they can determine The Secretary called the names of the absent Senato~s. Mr. WHITE of Louisia,na. My colleague lMr. CAFFERY] has whether they desire to haveit printed or not. been here continuously since tlTIS session began. He :was sud­ COLUMBIAN DEAF AND DUMB INSTITUTION. denly obliged to leave the Chamber on account of sickness a short while ago. The Speaker appointed Mr. WILSON of West Virginia and Mr. VOORHEES. I move that the Sergeant-at-Arms be di­ Mr. DINGLEY directors of the Columbian Institution for the rected to request the attendance of absent Senators. Instruction of the Deaf and Dumb. The motion was ageeed to. PROPOSED RECESS OF CONGRESS. The PRESIDING OFF ICER. The Sergeant-at-Armswillex­ ecute the order of the Senate. Mr. HUNTER. Mr. Speaker, I ask unanimous consent for Mr. VOORHEES. I ·ask if the Sergeant-at-Arms is in the the present consideration of the joint resolution which I send Chamber? to the desk. . The PRESIDING OFFICER. The Chair has directed the The joint resolution was read, as follows: Be it 1·esolved, etc., That Congress take a recess from Saturday, the 14th Sergeant-at-Arms to notify absent Senators and mak~ his report day of October, 1893, until noon on Wednesday, the 1st day of November, in writing. 1893. --After some delay, Mr. ALDRICH, Mr. BLACKBURN, Mr. BRICE, Mr. GORMAN, and Mr. MURPHY entered the Cham­ The SPEAKER. Is there objection to the request of the gen­ ber and answered to their names. tleman from Illinois for the present consideration of this reso­ The PRESIDING OF FICER (at 1 o'clock and 43 minutes a. lution? m. Friday). The Chair lays before the Senate the report of the Mr. OUTHWAITE. I object. Let it go to the committee. Se~geant-at·Arms, which will be read. 'l'he joint resolution was referred to the Committee on Hules. The Secretary read as follows: STATUE OF PERE MARQUETTE. SERGEANT-AT-ARMS, UNITED STATES SENATE, Washington, October 13, 1893-1:45 a.. m. Mr. BRICKNER. Mr. Speaker, I ask unanimws consent for Sm: In obedience to the order of the Senate " requesting the presence of the present bonsideration of House resolution {H. Res. 14) au­ absent Senators "I h ave the honor to report that two are absent from the thorizing the State of Wisconsin to place in Statuary Hall of the c-ity, twelve are ' excused on account.of f?ickness, f ~mr answered summons that they were too ill to attend, and rune m the Cap1tol made no answer, and Capitol the statue of P ere Marquette. sixteen were reported absent from their residences and coula not be found. 'l'he joint resolution was read, as follows: R. J. BRIGHT, Be it 1·esolved, etc., That the State of Wisconsin be, and is hereby, author­ Sergeant-at-Arms United States Senate. ized a.nd granted the privilege of placing 1? Statuary Hall at the Capitol the To the PRESIDENT OF THE SENATE. st:J.tue of P in·e Marquet te, the faithful missionary whose work among the Mr. VOORHEES. Mr. President, Ifeel thatihavedischarged Indians and explorations within the borders of said State in early days are my duty up to date. Without any comment upon the facts dis­ recognized all over the civilized world. closed by the report of the Sergeant-at-Arms, I move that the The SPEAKER. Is there objection to the request of the gen­ Senate do now adjourn. tleman from Wisconsin for the present consideration of this joint The motion was agreed to; and (at 1 o'clock and 45 minutes a. resolution? m. Friday, Octob.3r 13} the Senate adjourned. There was no objection. C.ONGRESSIONAL RECORD-HOUSE. OCTOBER 11,1

The joint resolution was ordered to be engrossed and read a this information were called for, I think the resolution would third time; and being engrossed, it was accordingly read the third be complete. time, and p.1ssed. Mr. CUMMINGS. Mr. Speaker, the resolution is reported Mr. BRIC.t{NER moved to reconsider the vote by which the back exactly as it was presented to the House by the gentleman joint resolution was passed; and also moved that the motion to from New Hampshire [Mr. BLAIR]. The resolution was based reconsider be laid on the t:lble. upon reports, and is intended to cover all that those reports al­ The latter motion was agreed to. lege, and no more. . The SPEAKER. The question is on agreeing to the resolu­ INFORMATION IN RELATION TO PENSIONS. tiOn. Mr. MARTIN, from the Committee on Invalid Pensions, sub­ The resolution was adopted. mitted the following as a privileged report and asked for its im­ DYNAMITE-GUN CRUISER VESUVIUS. mediate consideration: The SPEAKER. The morning hour begins at 20 minutes past HOUSE OF REPRESENTA.TIVES,September 9, 1893. 12 o'clock. The Clerk will re.td from the RECORD a statement Resolved, That the Secretary of the Department of the Interior be respect­ of the business coming up in this morning hour. tully requested to communicate to the House of Representatives informa­ The Clerk read as follows: tion relating to the act entitled "An act granting pensions to soldier s and sailors who are incapacitated for the performance of manuallabor, and pro­ The SPEAKER. The gentleman from Maryland asks unanimous consent vtding for pensions to widows, minor children, and dependent parents," that the pending bill, called up by the Uommittee on Na-val A1Ia.irs be not approved June Z'l, 1890, as follows: further considered until the 11th day of October, and that rmtil that time it First. How many applications for pensions have been made under this retain its present status: not that it be made a special order for th::-t dl:fy, law. but that when the morning hour is reached on the 11th day of October it be Second. How many claims were adjudicated and admitted prior to March taken up for consideration; or, if there be no morning hour on that day, 16, 1893, and how many were rejected. then that on the first subsequent day when there is a morning hour for the Third. How many claims have been adjudicated and admitted since March consideration of bills, this bill be taken up. 16, 1893. and how many have been rejected. There was no objection, and it was so ordered. Fourth. How many pensions under this act have been su~pended, and un­ der what law or order of the Department or the Interior have such suspen­ The SPEAKER. The Clerk will read the title of the bill. sions been made. The Clerk read as follows: Fifth. What rules and regulations of the Department of the Interior made A bill (H. R. 222) to remit the penalties on the dynamite-gun cruiser Vesu­ in the construction of this act. as provided in section 2, were in force and vius. effect prior to the Z'lth day of May, 1893, and what are the rules and regUla­ tions of the Department now? · The SPEAKEI:t. This bill is in Committee of" the Whole. Your committee have consjdered the resolution o1! September 9, 1893, sub­ Mr. TALBOTT of Maryland. I move that the Hou e resolve mitted by the gentleman from Nebra!!ka [Mr. MEIKLEJOHN], requesting in­ formation from the Departme-nt of the Interior relative to the administra­ itself into Committee of the Whole for the furthar consideration tion of the act of June 27, 1800. and, inasmuch as the information asked for of the bill. is such as can be readily furnished by the Pension Bureau, and such as The House accordingly resolved itself into Committee of the may prove of value to the members of the House and to the public, your committee recommend that the resolution be adopted after amendment Whole (Mr. DOCKERY in the ch:tir), and resum2d the considera­ by substituting the fifth section instead of th"' fourth; said fourth section tion of the bill (H. R. 222)toremitthe penalties on tlite dynamite­ being eliminated for the reason that th& purpose thereof bas beerr met by a gun cruiser Vesuvius. resolution hen:tofore reported cy this committee and adopted by the House. 'rhis report presents the unanimous action of the committee. Mr. TALBOTT of Maryland. Under the rules, the present hour is under the control of the opponents of this bill. The Mr. MARTIN. Mr. Speaker, I know of no reason why this gentleman from Texas [Mr. SAYERSj, who has developed into resolution should not be adopted at once. It is the unanimous one of the opponents of the me1sure, has assented to an under­ report of the Committee on Invalid Pensions, and the informa­ standing that we are to have on b 3half of the bill twenty-flvnalty, be ai r-tight under working pressure. such question. with all facts r elating thereto, shall be submitted to the Sec­ " C. The chambers for the h andling of the ammunition and the retary or the Navy tor consideration, and his decision thereon shall be con­ service of the guns shall be conveniently disposed and arranged. clusive and binding upon all the parties to this contract. ''D. Reasonable provision shall be made for insuring the safety So it may readily be perceived, Mr. Chairman, by members, of the crew while handling the shells and while loading and fir­ whether of the legal profecsion or otherwise, that the parties to ing the guns. this agreement left the decil:!ionof such differences entirely with •· E. The discharge of each gun must promptly follow the op­ the Secretary of the Navy, whose decision was to be final and eration of the firing lever or other firing mechanism. conclusive. "F. The rate of firing, as prescribed by the aforesaid act of Mr. COBB of Alabama. Will the gentleman from Texas allow Congress, to be determined by firing five (5) shots from each a question for information? gun, each shell to contain 200 pounds of dyn~mite. Mr. SAYERS. Certainly. "G. The projectiles must be steady in Iiight, and not tumble Mr. COBB of Alaba.ma. I wish to ask whether what you have or break up in air, o:r be mechanically destroyed on impact before read applies to the original contract only, or whether it also em­ detonation of the charge. braces the contract as changed, as I understand it was? " H. The accuracy of each gun to be determined by firing at Mr. TALBOTT of Maryland. That is it exactly. least six (6) shots-each shell to contain t OO pounds of dyna­ Mr. SAYERS. Unquestionably. mite-at a horizont:ll target 50 by 150 feet 1 statute mile dis­ Mr. COBB of Alabama. You think it applies to any change t ant. For this part of the trial the vessel may be anchored in in the contract, as well as to the original contract? smooth water, or the guns may be mounted on shore, at the op­ Mr. SAYERS. It applies to the contract whether it be the tion of the contractors. Not less than 50 per cent of the shots original or the contract as amended at the instance of the con- fired must strike the target. tractors. · '·I. The projectiles ard to be furnished with fuses, which, on Now, Mr. Chairman, we will consider the question from an trial, shall prove to be effective impact fuses with adjustable de­ equitable standpoint. Ia,yed action; also wit.h fuses which, on trill, shall prove to be Mr. B i NGHAM. Before the gentleman from Texas proceeds, effective immersion fuqes, cap -tble of adjustment for either the will he allow an interruption? time or the depth of immersion. Mr. SAYERS. Certainly. "J. It must be demonstrated by experiment that the fuses Mr. BI N"GHAM. In reading the paragraph which the gen­ and primers produce certain and complete detonation of the tleman has just finished, does he desire to impress on the House charge. that the Secretary of the Navy had the power to remit the pen­ "K. Provision must be made for varying-, at will, the range alties in this case, but has not done so? of the projectile within the st\.tute mile down to two hundred Mr. SAYERS. On the contrary, when he accepted the ves­ (200) yards from the muzzle of the gun-the t 1rget to be as afore­ sel the Secretary of the Navy expressly refused to remit the said, and not less than 50 per cent of the shots fired to strike the ~n~~- . target. Mr. BINGHAM. Now, is it not true that it has been the pre­ '' 7. That the hull, fittings, m achinery,engines, boilers, equip­ cedent of the Department without exception, in the remission men t, armament, and appurtenances of said vessel shall be found of such penalties, that the parties havA always been compelled to be strong and well built, and in strict conformity with the to come to Congress? W as it not so in the case of the Petrel? contract, and shall be approved by the secret.1ry of the Navy." Mr. SAYERS. I can not say as to that. The vessel was accepted by the Secretary of the Navy. Mr. BiNGHAM. I wish to est:tblish that fact, that the De­ Mr. CUMMINGS. What Secretary of the Navy? · partment always comes to Congress for such authority. Mr. SAYERS. The immediate predecessor of the present Sec- Mr. SAYERS. Mr. Chairman, it is a well-known prrnciple of ret ::~. ry. · equity that whoever desiresequitytobedonemust.first doequity I hold in my hand, Mr. Ch ~irman, extracts-and I wish gentle­ himself. In other words, he must come into a court of equity men to pay attention to them-from the reports of the Bureau of with clean hands arid show that he has done everything under Ordnance, touching the vessel and her armament, which should the contract that it requires of him to do, exc?pt that special be considered conclusive. These reports and the trials to which thing for which he asks relief, and h e must also show just grounds they refer were made sinc.e the vessel was accapted. for relief. According to the terms of this contract, and accord­ ''Commenting upon the result of the trials which took place ing to letters which I have before me from the Secretary of the in May, 1891, the Bureau of Ordnance, in its annual report for Navy, as' well as the report of the Board of Ordn::tnce, this com­ that year, rem ..c. rked: pany has wholly failed to make such a vessel as it contracted to " ' While tha repo1·t of the board of officers of the accuracy of furnish· and by a vessel I mean not only the hulk and m otchinery, the guns of the Vesuvius leaves the question still in grave doubt but also thearmament-thearmamentbeingthemost important. whether the system is of any value, it is nevertheless highly im­ Mr. TALBOTT of Maryland. Ifthatbaso. please explain why probable in the ru.ture of things. due weight being given to the the Department accepted the vessel, if it did not comply with effect of the movements of the gun platform or of a strong cross­ the conditions of the contract. wind blowing, th:tt they are e uectively accurate. Mr. SAYERS. That is for the Department to explain. "'The Bureau considers this vessel in no respect fitted as a Mr. TALBOTT of Maryland. I ask you to explain it. gun platform for c> rtillery of this description, even if the latter Mr. SAYERS. I can not. proved of any military value. It will be readily appreciated Mr. TALBO.rT of Maryland. No, I do not think you can. thJ.t , unarmored as the Vesuvius is, her stores of high explo:sive Mr. SAYERS. I can not, and I do not intend to try. and a large portion of the length of her guns are completely ex­ At any rate, the vessel was accepted, and, with the enforce­ posed to the fire of rapid-fire ordnance. -The etfect of a single ment of the penalties, the amount paid to the company being a shell from the 1-pounder in her magazine of high explosives may fair value for the hulk and machinery. be imagined. The committee will further learn from the letters to the chair­ "'The vessel, as is well known, possesses only indifferent man that this vessel is being used, not for the purpose intended steering qualities-; and this being the case, it is probable that 2412 CONGRESSIONAL RECORD-HOUSE. OCTOBER 11, : two torpedo boats of the type of the Cushing armed with an ofprice,whichshall not be exceeded in any future contracts which auto-mobile torpedo and with rapid-fire guns of smaller cali­ the Government may desire to enter into for the purchase of the ber would very much overmatch her. It is considered, there­ company's guns.' fore, that the question of the value of the guns for war purposes "The Vesuvius was completed, and was accepted by the Sec­ should receive an early conclusion. retary of the Navy on the 26th day of May.1890, after trial. The "'It is believed that the range of efficiency of the Vesuvius Secretary of the Navy, upon the acceptance of the Vesuvius, re­ would be greatly increased by turning her into a torpedo cruiser. served as penalty for delay in the construction of the vessel the Her displacement is such that, with her dynamite guns removed sum of $37,550. and a battery of considerable power placed for fore-and-aft fire, ''From the reports of the boards, in accordance with which the supplementing the larger calibers of rapid-fire guns with a Vesuvius was accepted, it appears that the construction of the number of 6-pounders, this vessel would then become a formid­ vessel, her machinery and guns, and the performance of the able antagonist for any of the unarmored types.' same upon trial and tests, fulfilled the requirements of the con­ "And again, on the report of the board of which Capt. Sicard tract sufficiently to warrant acceptance; but it appears that was the senior member, the Bureau, referring to the several much was left to be desired in the effectiveness of the guns; and trials which had been made of the Vesuvius's guns by different from the reports of boards appointed to make further tests o! boards, indorsed as follows: . the guns of the Vesuvius since her accepktnce it appear s that '' 'Each time the conclusion of the board has been more or less while the guns are reasonably efficient in cert9.in particulars and favorable. Each report, however, has stated that the accuracy under the most favorable circumstances, they lack a good deal of the guns leaves much to be desired. It is manifest that the of constituting a satisfactorily efficient system of armament for accuracy of a gun is its most important quality, and without a a vessel of war. satisfactory degree of accuracy all other advantages are of minor "The fourth trial of the guns was concluded February 23 , 1893, importance. and the report of this board and the reports of other boards in "'The difficulty in the pneumatic guns appears to center in reference to the Vesuvius and her guns are now being copied, the main valve, which admits the air to the gun. At all ranges and will be forwarded to you as soon as completed. except near the maximum, the successful working of the gun ''In reply to your question as tow hether the sum asked for in demands that this valve should open and close in an exceedingly the bill now pending before Congress is intended to cover the short time, probably a small fraction of a second. The difficul­ increased expenses on account of the change in the dimensions ties encountered in accomplishing this have not been overcome. of the boat and the increased size of the guns, or whether it is The Department has already expended $30,000 upon experiments for penalties which have been withheld for delay in the construc­ with these guns without any decided improvement. tion of the vessel, I beg to say that I understand the claim to be ' 'Without entering further, at this time, into the merits of for penalties withheld which the company claims ought not the sy3tem, the Bureau recommends that further experiments equitably to have been reserved, because it claims that the delay be deferred until after the installation at Sandy Hook of the 15- i.n the construction of the vessel resulted from increasing the inch guns now in course of construction for the War Depart­ dimensions of the vessel and of the guns. These increases were ment. made by the company voluntarily and were assent:= d to by the '''In these guns the company promise to overcome the diffi­ Navy Department. culties which exist in those of the Vesuvius.' "The purpose of the company in making these changes in di­ "The recommendations contained in the above indorsement mensions was undoubtedly to give the Government a more effi­ were approved by the Department on June 9, 1893. cient vessel and moreefficient guns, the company hoping thereby "W. T. SAMPSON. to commend this style of vessel and guns to the favorable con­ "BUREAU OF ORDNANCE, September 20, 1893." sideration of the Government, as it expected, in C.iSe the per­ formanceof the vessel and guns should ·be satisfactory, to entitle The CHAIRMAN. The gentleman has occupied fifteen min­ itself to further contracts. utes of his time. "At the session of· Congress of 1888-'89, a proposition was be­ :Mr. SAYERS. I will take five minutes more. These reports, fore Congress to build other vessels like the Veouvius, and the Mr. Chairman, coming as they do from able, experienced, and act of March 2,1889, making appropriations for the Naval Estab­ impartial officers, show conclusively that the vesgel is utterly lishment, contained the following provision: worthless for the rurpose for which she was i.ntended. " 'And the President is also hereby further authorized to con­ Mr. Chairman, ask permission from the committee to insert tract with the Pneumatic Dynamite Gun Company for the con­ in the RECORD two letters from the Secretary of the Navy upon struction of one additional cruiser of the Vesuvius type, of not this subject, which I have not time to read, and also the con­ less dimensions than that vessel, and to attain a speed under tract. similar conditions as to trial of 21 knots an hour, with an endur­ The CHAIRMAN. Without objection that order will be ance of not less than fifteen days at 10 knots an hour, to be armed granied. · with two pneumatic dynamite guns of 15-inch caliber, and to be The letters are as follows: fitted for such other armament as the Secretary of the Navy "NAVY DEPARTMENT, Washington, Septembe1· 26, 1893. may prescribe: Provided, That the contractors shall guarantee a speed of 20 knots an hour, and that there shall be deducted ' "Sm: Referring to your verbal request of the 25th instant for from the contract price the sum of $10,000 for every quarter information concerning the efficiency of the dynamite cruiser knot that said vessel fails of reaching the further speed of 21 Vesuvius and her guns, and the question as to whether another knots per hour: And p1·ovidedjurtlte1·, That the Secretary of the vessel of that type is to be constructed in accordance with the au­ Navy shall be satisfied, after official tests made with the Vesu­ thoritv of the act of March 2,1889, I have the honor to state that vius and her guns, as to the efficiency of the arm%ment of that the act of August 3, 1886, authorizing the construction of the ves el; and the cost of said vessel shall not exceed the sum of Vesuvius, was as follows: $450,000.' '' ' SEC. 9. That the Secretary of theNavy is here by authorized '' The Department has never yet entered upon theconstruct.ion to contract with the Pneumatic Dynamite G'un Company, of New of this vessel presumably because the performance of the dyna­ York, for one dynamite gun cruiser, as follows: Said cruiser to mite guns was not satisfactory. The ammunition for all these be not less than 230 feet long, 26 feet breadth of beam, 7t feet t rh ls was furnished by the Government, and in all cases the di­ draft, 3,200 horse power, and guaranteed to attain a speed of r ections of the company as to the quality and character of the 20 knots anhour,and to be equipped with three pneumatic dyna­ projectiles and fuses were followed carefully. The cost to the mite guns of lot-inch caliber, and guaranteed to throw shells con­ Government of this ammunition was about $22,875, in addition taining 200 pounds of dynamite or other high explosives at least to which about $10,000 were expended previous to the fourth 1 mile, each gun to be capable of being discharged once in two trial of the vessel, in making sundry improvements on the guns, minutes, at a price not to exceed $350,000; said contract to be and in making a general overhauling and refitting of the same made only on condition that there shall be a favorable report and their appurtenances. made by the existing naval board 'On the system; to be paid for as the work progresses, and upon the report of such board or "The Vesuvius has, since her acceptance, been used as a part boards of inspectors as the Secretary of the Navy may for that of the North Atlantic fle~t. She has never been sent upon a purpose appoint, reserving 30 per cent on all such payments un­ foreign cruise. til the whole work is completed and accepted by the Secretary ''Very respectfully, of the Navy. "H. A. HERBERT, " 'The Pneumatic Dynamite Gun Company shall furnish bonds "Secretary of the Navy. satisfactory to the Secretary of the Navy for the faithful per­ formance of its contract. and for the refunding of the money "Hon. JOSEPH D. SAYERS, paid hereunder in c :~ se of the nonperformance of the same, and ''Chairrnan Committee on App1·op1·iations, shall further agree with the Secretary of the Navy upon a limit "House of Bep'resentatives." 1893. CONGRESSIONAL RECORD-HOUSE. 2413

"NAVY DEPARTMENT, Washington, October~' 1899. on account of delays, the latter sum having been deducted Jrom "Sm: Referring to your communication of the 29th ultimo, payments made previous to the acceptance of the vessel the total requesting information as to the total contract price of the Ve­ amount deducted as penalties on account of delays being $39 700 suvius: and the amount paid upon her, and as to the cost of the ".In case you desire an: esti~ate of the cost of the equip~ent: hull, the machinery, the equipment, the fittings, and the arma­ fittmgs, and armament, mcludmg guns, of the Vesuvius as fur­ ment, including guns, each item separately, or, in case the ac­ nished by the contractors, the same will be f-urnished as' soon as tual cost of these different Dal'ts of the vessel can not be given, practicable upon request therefor. an estimate of their value separately, and as to whether or not ''Very respectfully, by the terms of the contract for the construction of the Vesu­ "H. A. HERBERT, vius, the Government undertook to pay the expenses of the sev­ '' Sec?·etaTy of the Navy. eral tests which were made before and after she was received "Hon. JOSEPH D. SAYERS, · by the Department, I have the honor to state as follows: " Ohai1·man Committee on App'rop'riations, " The total contract price of the Vesuvius is $350,000; the '' House of Representatives." amount of that price that has been paid upon her is $310;.028.65, "Contract for the construction of a dynamite-gun cruiser. in addition to which there have been paid the sums of $~ 1 669.89 for the trial trip expenses, in accordance with the provisions of "Contract of two parts, made and concluded this 11th day of the contract, and the further sums of $7,526.68 for additional February, A. D. 1887~ between t.he Pneumatic Dynamite-Gun draftsmen and other expenses incurred in the preparation of the Company, of New York, a corporation created under the laws of plans and drawings made to be retained on the files of the Bureau the State of New York, and doing business at the city of New york, in s~id State, represented by Spencer D. Schuyler, pres­ of Construction and R epair, and $9,346.10 for the vessel's outfit, ldent of sa1d company, parties of the first part, and the United provided at the expense of the Government, under the Bureaus States, represented by William C. Whitney,. Secretary of the of Equipment, Ordnance, Construction and Repair, and Steam Navy, party of the second part: Engineering, these sums being for items not contemplated by the "Whereas by the ninth section of the Mt of Congress entitled contract, making a total amount of $329,571.32paid on account of 'An Mt to increase the naval establishment,' approved August the Vesuvius, exclusive of the ammunition used in all tests of 3, 1886, the Secretary of the Navy is authorized to contract with her guns. For a st:ttement of the cost of ammunition that has the aforesaid company for the construction of one dynamite-gun been paid for by the Department, I would refer you to my letter of the 26th ultimo relative to tha Vesuvius. cruiser to be ' not less than 230 feet long, 26 feet breadth of beam "The difference, $39,971.35, between thecontractprice, $350,000, 7t feet draft, 3,200 horse-power, and guaranteed to att3.in ~ and the lportion of that price which has been paid, $310,028.65, speed of 20 knots an hour, and to be equipped with three pneumatic comprises the total amount of the deductions, $39,700, from dynamite guns of lot caliber, and guaranteed to throw shells con­ tainin~ 200 pounds of dynamite or other high explosives at least the contract·price on account of the delays in the completion of one mile, each gun to be capable of being discharged once in two the vessel and the sum of $271.35 retained to cover the value of minutes·' · certain articles required by the contract which were not deliv­ "And 'whereas it is provided, in and by said section 9 of the ered by the contractors with the vessel. act of Congress aforesaid, that the contract therein authorized '' Inasmuch as the contract required that the contractors should shall be made only on condition that there shall be a favorable C?nstruct the ve~sel, including ~er machinery, equipment, fit­ report made by the existing Naval Board on the system· tmgs, and guns, m accordance w1th the contract and specifica­ "And wherQas the said board, known as the' Pneum~tic Dy­ tions, and provided that the lump sum of $350,000 should be paid namite-Gun Board,' has, in a report to the Secretary of the therefor, it is not possible for the Department to state the actual Navy, dated December 1,1886, approved the system of said Pneu­ cost of those different parts of the vessel separately, and it is not practicable to furnish an estimate of the cost of those parts matic Dynamite-Gun Company; of the vessel in a short time, because it would be necessary to "And whereas the said company has furnished a bond of even ascertain by correspondence with the commanding officer of the da;te herewith, satisfactor.y to the Secretary of the Navy,for the vessel the character of the articles of equipment, fittings and fa1thful performance of th1s contract, and for the refunding of armament, and to make calculations of the cost thereof a~d of the money .Paid thereunder in case of the nonperformance of the the other parts of the vessel mentioned in your letter. It ap­ same by sa1d company; and has further agreed, as required by pears, however, from a report to the Department of the chief said act, upon' a limit of price which shall not be exceeded in ~ny future contracts which the Government may desire to enter of the Bureau of Supplies and Accounts that the amountstated mto for the purchase of the company's guns,' which agreement in the bills as rendered and paid was divided between the hull has been signed by the respective parties to this contrMt and is and machinery-as follows: of even date herewith. ;; For the hull __ ------_·______$168, 301.27 "Now, therefore, this contract witnesseth that, in considera­ And for the machinery------141,727.38 tion of the premises and for and in consideration of the payments to be made as hereinafter provided for, the parties of the first "Constituting the sum oL------310,028.65 par~, for themselves,. their successors, heirs, and assigns, and paid from the contract price as above stated. the1r and each of the1r personal and leo-al representatives do " It. is considered that the amount s!ated to have been paid for hereby jointly and severally covenant, ~ontract, and agred to machmery was the val_ue of -the maphmery alone, but in the sum and with the United States as follows-that is to say: s~ted to h~v~ been pa1d for the hull, $168,301.27, it is considered "First. The parties of the first part will, at their own risk and tnat there 1s mcluded the cost of the articles of equipment fit- expense, construct, in accordance with the provisions of the tings, armament, and guns required by the contract. ' aforesaid a.ct of Congress relating thereto and in conformity with ''By paragraph 8 of the eighth clause of the contract for the the plans and specifications approved by the Secretary of the Vesuvius, it is provided' that if the trial as aforesaid shall be Navy and hereto annexed, one dynamite-guncruiserwithfittings successful, the expenses thereof, except the cost of ammunition as specified, of the following principal dimensions: used, which shall be furnished by the contractors shall be borne " Length on water line ______239 feet. by the party of the second part, it being expre~sly understood "Length over alL ______216 feet. that the expense of all unsucces~ul trials of said vessel or arma­ "Extreme breadth of beam______26 feet 6 inches. ment shall be wholly borne by the contractors·' and in accord­ ''Draft of water not less than______7 feet 6 inches. ance with that provision the expense of the · s~ccessful trial of the vessel and her machiner y and armament amounting to such vessel to be constructed of steel of domestic manufacture· $2,669.89, as stated above, .was paid by the Department. The to be provided and fitted with machinery, engines, and boilers' cost of all tr:ials of the vessel and her machinery prior to the complete. in all their parts, ai?purtenances, and spare parts; to b~ successful tr1al of the vessel upon the strength of which she was fully eqmpped, and armed w1th three pneumatic dynamite guns accepted, was paid by the contractors; and the cost of all tests of .the calib~r and capacity required by the act o! Congressafore­ and experiments that ha ve since been made was necessarily paid srud, and w1ll deliver the same, includino- her equipment and by the Government, there being noprovision in the contractfor armament aforesaid, in all respects compl;te and ready for serv• such tests. ice, at the navy-yard, League Island, Pa., to such person or per­ "Referrina- to my letter addressed to you under date of the sons as the Secretary of the Navy may desig nate. 26th instant, relating to the Vesuvius, and referring especially "Second. The construction of the hull, machinery, fittings, and to that par agraph thereof in which it is stated that the sum of equipment of the vessel herein contracted for shall conform to $37,550 was deducted from the contract price as penalties on ac­ and with the plans and specifications hereto annexed which count of delays, at the time payments were made upon the ac­ shall. be deeme~ and t aken as forl!ling part of this contr~t, with ceptance of the vessel, May 26, 1890, I have to state that in addi­ the llke operatwn and effect as 1f the same were incorporated tion to said sum the sum of $2,150 was also >Vithheld as penalty therein. No omission in the drawings, plans, or specifications, 2414 CONGRESSIONAL RECORD-HOUSE. OCTOBER 11, of any detail, object, or provision necessary to carry this contract date of this contract, $200 per day; all penalties thus incurred to into full and complete eifect, in accord tnce with the object and be offset, from time to time, against any p.:tyment or payments intent of the act of Congress above mentioned, shall operate to falling due under this contract; vrovided, however, that such delay the disadvant •ge of the United States, but the same shill be s s.t­ shall not have been caused by the act of the party of the second isfactorily supplied, performed, and observed by the parties of the part, or by fire or water, or by any strike or stand-out of work­ first part; and all claims for extra compensation by reason of, or men employed in the construction of said vessel oe armament, or for or on account of, such extra performance are hereby and in by other circumstances beyond the control of the parties of the consideration of the premises expressly waived; it being expressly first part, but such circumstances shall not be deemed to include understood, covenanted, and agreed by and between the parties to delays in obtaining materials when such delays ari::;e from causes this contract that the party o.f the second part, in approving the other than those herein specified; provided turthe1·, that in case said plans and specifications, or in his action upon any change or of such strike or stand-out, the contractors shall give immediate changes therein which m :ty be proposed or made, does not and notice thereof to the Se c r~tary of the Navy. shall not be deemed to assume any responsibility whatever for "ln case any question shall arise, under the provisions of this the success of said plans and specifications. or for the result of any contract concerning penalties, as to the liability o! the contract­ change or changesthatmay be made therein; it baing further un­ ors to the infliction of any such penalty, such question, with all derstood that the parties of the first part shall be free to propose, the facts relating thereto, shall be submitted to the Secretary in writin!r, to the Secretary of theNavy, from time to time during of the Navy for consideration, and his decision thereon shall be the progress of the work, any change or chwges which m ense of the contractors; and appliances provided for and used or to be used in the con­ provided, however, that no change in the said plans or specifi­ struction thereof, shall be kept duly insured, which insurance cations shall be made without the approval of the Secreta.ry of shall be renewed and increJ.Sed from time to time by and at the Navy first had and obtained. the expense of the parties of the first part, the loss, if any, to "Third- The materials and workmanship used and applied in be stated in the policies as p:tyable to the United States; the in­ the construction of the hull, m ~chinery, fittings, equipment, and surance to be effected in such manner and in such companies as armament of said vessel, in details and finish, shall be first class shall be approved by the Secretary of the Navy, and in an amount and of the very best quality, and shall, from the beginning to to be fixed from time to time by h im , not exceeding the amount the end of the work, be subject to the inspection of the Secre­ of advance payments made under this contract. tary of the Navy; it being h ereby expressly understood, c-ove­ "Eighth. The parties of the first part hereby further cove­ nanted, and agreed that the s aid Secretary may appoint suita­ nant and agree that the vessel constructed under this contract ble inspectors, to whom the contractors agree to furnish such shall be sufficiently strong to carry, in addition to her machin­ samples, and such information as to the qU3.lity thereof and the ery, equipment, and armament, the coal and stores presQribed manner of using the same as maybe required, andalsoanyassist­ by the Secretary of the Navy; and th!Lt when the vessel, includ­ ance they may require in determining the weightandqualityof ing her machinery, equipment, and armament! is completed and steel and other metals, and of wood and other m aterials, either ready for delivery as aforesaid, the same shall be subjected to a used or in tended for use in the construction of said vessel, ma­ a trial to test the hull, machinery, fittings, equipment, and chinery, equipment, or armament, and the inspectors may, with arm:tment, and shall be accepted only on fulfillment of, and sub­ the approval of the said Secretary, peremptorily reject any unfit ject to4 the conditions and &oo-reements hereinafter set for th: material or forbid the use thereof. The inspectors shall, at all "1. That the working of the machinery in all its parts shall times during the progress of the work, have full access thereto, be to the satisfaction of the Secret!l.ry of the N avy. and the contractors shall furnish them with full facilities for the "2. That the collective indicated horse-power developed by inspection and superintendence of the same. the engines shall be not less than 3,200, maintained successfully ''Fourth. The steel to be used in the construction of the hull during the trial herein provided for or during a straight run of 20 and boilers of the vessel to be built under this contract shall knots separate!y h !i.d for the purpose of such test. conform to the 'tests of steel' embraced in the specifications "' 3. That the m:meuvering power of the vessel shall b e suffi­ annexed to and forming a part of this contract. cient to insure the accura-t e pointing of the guns by means of "Fifth. The parties of the first part, in consideration of the the helm or motive power, or both. premises, hereby covenantand agree toholdandsavethe United "4. That the magazin~ capacity of the vessel shall be sufficient States harmless from and against all and every demand or de­ for the stowage of at least ten projectiles for each dynamite gun. mands of any nature or kind for or on account of the adoption of " 5. The '{>arties of the first p.1rt guaranty that the vessel any plan, model, design, or suggestion, or for or on account of shall attain a speed of not less than 20 knots an hour under the the use of any patented invention, article, or appliance, which followin~ conditions, viz: has been ormay be adopted or used in or about the construction "A. The vessel, equipped and armed as required by the afore­ of the hull, machinery, fittings, equipment, and arm3ment of said act of Congress and by this contract. shall, in addition to said vessel or any p::trt thereol, under this contract, and to pro­ her stores, h ave not less than 4 tons of ammunition or its equiv­ tect and discharge the Government from all liability on account alent in weight on board, and not less than 28 tons of coal in her thereof by proper releases from patentees or otherwise, and to bunkers, and the trial sh:W.l hke place in smooth watar, in Del­ the satisfaction of the Secretary of the Navy, before final pay­ aware River or Bay, or in such oth..er proper and convenient lo­ ment under this contract shall be made. cality as shall be agreed on in advance by the -parties to this con­ ''Sixth. The vessel to be constructed under this contract shall tract. be completed, equipped, armed, and ready for inspection for the "B. A nautical mile shall be laid off and marked at each end purpose of delivery to the ·United St!ttes, on or before the ex­ by two stakes placed in a line at right angles to it. If practica­ pirationof twelve months from the date of this contract; but the ble, the mile shall be laid off in the direction of the tidal cur- lien of the United States upon said vessel, including her equip­ rent. · ment and armament, for all moneys advanced on account thereof, " C. There shall be four successive runs at full power over shall commence with the first payment, and shall-thereupon at­ the measured mile at a speed of not less than 20 knots an hour . tach to so much of the work and materials as shall then have ."D. The s team is not~ under any circumst=tnces, to be even been performed and furnished, and shall in like manner attach, partially shut off while off the course for the purpose of securing from time to time, as the work progresses and as further pay­ a higher result while on it. ments are m ade, and shall continue until the same shall have "E. In lieu of the runs over a measured mile, as above pro­ been properly discharged. vided for, there m 9.y, at the option of the contractors, be two " In case the completion of the vessel and machinery and her successive runs over a course of 10 measured nautical miles, or equipment and armament shall be delayed beyond the s::~.id period one continuous run over a course of 20 me9.Sured nautical miles. of twelve months, penalties shall be imposed upon the parties of under the conditions above stated applicable to runs over i the first part for each and every day (excepting Sundays) in ex­ measured mile, and in such case allowance shall be made for cur­ cess of said period, and until the vessel, including her machinery, rent. equipment,andarmament, is complete, and readyforinspection, ''6. The. parties of the first part further guarantee that the as follows, viz: dynamite guns constituting the" armament of s:tid vessel shall "During the six months next succeeding the expiration of said throw shells cont:1 ining ~00 pounds of dynamite or other high period, $25 per day; during the three months next succeeding explosives at least 1 mile, and that e J.Ch gun shall be capable of the expiration of eighteen months from the date of this contract, being discharged at least once in two minutes; also that the fol­ $5Qperday; duringthetwenty-second. twenty-third, and twenty­ lowing conditions as to the armamont and the tests thereof shall fourth months from the date of this contract, $100 per day; and be fulrilled, viz: for each and every day (except Sundays) during which such com­ "A. The air compressors and reservoirs shall be sufficient to pletion shall be delayed beyond a period of two years from the maintain the stipulated rate of firing, and shall be efficient in 1893. CONGRESSIONAL RECORD-HOUSE. 2415 operation, and the air reservoirs and conduits shall have been and they do hereby, in consideration of the premises, jointly and tested bat lelSt double the pressure which it is intended to em­ severaliy,forthemselves and their successors. heirs, and assigns, ploy in practice. and their and each of their personal and legal representatives, "B. All parts of the system, including valves and joints,shall acknowledge themselves to be, justly indebted to the United be air-ticrht under working pressure. · States, as for liquidated and ascerta,ined dam:.tges, in a sum equal "C. The chambers for the handling of the ammunition and to the aggregate amount of all advance payments theretofore the service of the guns shall be conveniently disposed and ar­ made to them for or on account of the work to be done under this ranged. contract, and do further jointly and severally, as afores:rid, cove­ "D. Reasonable provision shall be made for insuring the safety n 1.nt and agree to refund the same on demand, and that the of the crew while handling the shells and while loading and firing United Sbte& shall and m!l.y hold, as collater ..1.l security for. such the guns. refund, the vessel, ·machinery, materhls, fittings, equipment, ''E. The discharge of each gun must promptly follow the opera­ and armament, or so much thereof as shall then have been con­ tion of the firing-lever or other firing mechanism. structed or furnished or as shall be on hand for the purposes of ''F. The 1·ate of firing, as prescribed by the afores!l.id act of construction. Congress, to be determined by firing five (5) shots from each gun, ''Eleventh. It is mutually understood, covenanted, and agreed each shell to contain 200 pounds of dynam1te. by and between t.he 'respective parties that it shall not, under "G. The projectiles must be steady in flight, and not tumble any circumst:mces, be oblig.1tory upon the party of the second or break up in air or be mechanically destroyed on impact be­ part to accept the vessel or armament, or any part thereof, to fore detonation of the charge. be construct=d under this contract, unless the same shall have "H. The accuracy of each gun to be determined by .firing at been completed in st,rict conformity with this contract and in least six shots-each shell to contain 200 pounds of dynamite­ accordance with the provisions of the act of August 3, 1886, re­ at a horizontal target, 50 by 150 feet, 1 statut-e mile distant. For lating thereto, and that this qualification shall be deemed and this part of the trial the vessel may be anchored in smooth water, taken as applicable and applying to e:wh and every clause, cove­ or the guns may be mounted on shore, at the option of the con­ nant, and condition, express or implied, in this contract con- tractors. Not less than 50 per cent of the shots fired must strike tained. · the brget. "Twelfth. It is hereby mutually and expressly coven"1.llted and "I. The projectiles are to be furnished with fuses which, on agreed, and this contract is upon the express condition, that no trial, sh::tll prove to be effective impact fuses with adjustable de­ Member of or D3legate to Congress, officer of the Navy, or any layed action; also with fuses which, on trial, shall prove to be person holding any office or appointmbn t under theNavy Depa,rt­ .effective immersion fuses, capable of adjustment for either the ment shall be admitted to any share or p::trt of this contract or time or the depth of immersion. to any benefit to arise therefrom. "J. It must be demonstrated by experimentthatthefusesand ''Thirteenth. The United States', inconsideration of the prem­ primers produce certain and complet-e detonation of the charge. ises, do hereby contract, promise, and engage to and with the ''K. Provision must be made for varying at will the range of parties of the first part as follows: _ the projectile within the statuta mile down to 200 yards from "1. The contract price to be p:rid for the vessel, fitt.ings, ma­ the muzzle of the gun-the target to be as aforesaid, and not less chinery, equipment, and armament, to be constructed and fur­ than 50 per cent of the shots fired to strike the t::1rget. nished in accordance with this contract, shall be $350,000. " 7. That the hull, fittings, machinery, engines, boilers, equip­ "2. Payments shall be made by the United States in ten equal ment, armament, and appurtenances of said vessel sh '111 be found installments, as the work progresses, with a reservation of 30 per to be strong and well built, and in strict conformity with the cent from each installment. contract, and shall be approved by the Secretary of the Navy. "3. No payment shall be made except upon bills, in triplicate, "8. If, upon such trial, there shall be any failure in the ves­ certified by the inspectors in such manner as shall be directed self, including her fittings, machinery, equipment, and arm!! men t, by the Secretary of the Navy, whose final approval of all bills to meet fully the requirements of the aforesaid act of Congress thus certified shall be necessary before payment thereof. and of this contract, the contractors shall be entitled to make "4. All warrants for payments under this contract shall be further trials, sufficient in number to reasonably demonstrate the made payable to the contractors or their order. capabilities of the vessel and armament, provided that the num­ "5. The bst p.:tyment shall not be made until this contract ber of such trials shall be determined and limited by the Secre­ shall have oeen fully performed by or on the part of the parties tary of the Navy, and provided further that, if the trial as afore­ of the first part, and the vessel, fittings, machinery, equipment, said sh1ll be successful, the expense thereof, except the cost of and armament shall have been accepted by the party of the sec­ the ammunition used, which shall be furnished by the contract­ ond part, as in the ninth clause of this contract hereinbefore re­ ors, shnJ.l be borne by· the party of the second part, is being ex­ cited. pressly understood that the expense of all unsuccessful trials of "6. When all the conditions, covenants, and provisions of this said vessel or armament shall be wholly borne by the contractors. contract shall have been performed and fulfilled by and on the "Ninth. If, at and upon the trial above provided for, the fore­ part of the contractors, they shall be entitled, within ten days going conditions shall be fulfilled, the vessel shall be· accepted after the filing and acceptance of their claim, to receive the said and the final payments made, including all reservations, subject, special reserve or so much thereof as they may be entitled to, however, to a special reserve of $20,000 from and out of the reser­ on the execution of a final release to the United States, in such vations herein ::titer provided for, whic~ reserve shall be held by form as shall be approved by the Secretary of the Navy, of all the party of the second part for a period of three months from claims of any kind or de:Bcription under or by virtue of this con­ and after the date of the acceptance of the vessel and armament, tract. upon the following conditions, viz: that if, at any time during "Fourteenth. If any doubts or disputes arise as to the meaning said last-n!lmed period, there shall be developed any weakness of anything in the drawings, plans, or specifications, or if any dis­ or defect in either the hull, fittings, machinery, engines, boil­ crepancy appear between the drawings, plans, or specifications, ers, equipment, or appurtenances of said vessel, or in case there and this contract, the matter shall be at once referred to the Sec­ shall be any failure, breaking down, or deterioration thereof or retary of the Navy for determination, and the parties of the first therein, other than that due to fair wear and tear, the same shall. part hereby bind themselveR and their successors, heirs, and as­ be corrected and repaired to the satisfaction of the Secretary of signs, and their and each of their personal and legal represent­ the Navy by, and at the expense of, the contractors-it being, atives, to abide by his decision in the premi~es. however, mutually understood and agreed that the contractors "In witness whereof the respective parties have hereunto set may, if ·they so desire, have an engineer of their own selection their hands and seals the day and ye:u- first above written. to be present in the engine room of said vessel, at any time or "PNEUMATIC DYNAMITE GUN COMPANY, [SEAL.] times during the period last mentioned, who shall have full op­ "By SPENCER D. SCHUYLER, P ·resident. portunity to observe and inspect the working of the machinel'y "Attest: in all its parts, but without any directing or controlling power "GEO. R. WILLIAMSON, Se

2416 CONGRESSIONAL RECORD-HOUSE. OcTOBER 11,

Mr. DINGLEY. It seems that the vessel has been accepted Mr. TALBOTT of Maryland. I compared them yesterday, in by the Secretary. company with the gentleman from Ohio [Mr. HULICK]. Mr. SAYERS. But when the vessel was accepted, the sum This is exactly what was contracted for, as I have stated, and which this bill carries was especially reserved by the Govern­ I have stated exactly what was constructed. Now, then, these ment. gentlen;ten who are in opposition to the passage of this bill say Mr. COBB of Alabama. Did that have anything to do with that th1s vessel was a failur~. Mr. Speaker and gentlemen of the acceptance? the committee, that is not correct. The guns \Vere tested. The Mr. HOPKINS of Illinois. That was a part of the accept­ contract was that they were to throw a 200-pound shelll mile. ance. When the test was made by the board of naval officers, in the Mr. SAYERS. At the time of acceptance the reservation of three trials, they threw one shell weicrhing 540 pounds 1 mile this sum was made. · an of the contract there can be no question. It was a contract fix­ Department was concerned, and that the claim of the cont-ractors for relief ing a time limit. That seems to be always necessary in the con­ from these penalties was one for the consideration of Congress alone. tracts which the Govarnment makes for the construction of its In a letter addressed to Hon. William Elliott, chairman of the commit­ tee's subcommittee on construction and repair, dated May 14, 1892, Mr. Tracy vessels, in order that, should danger or emergency arise, the said: vessels contracted for may be ready in time, so _that neither loss, "It appears, therefore, from the facts stated that the completion of the damage, nor injury shall result to the Government. In this case, vessel was delayed by increasing her dimensions and the size of her arma­ ment over the contract requirements, but the Department is unable to state in a time of peace, we know that the delay in the construction whether or not such delay was wholly due to that cause." of a vessel of this character could not possibly have inflicted in­ Whether this delay was wholly the result of changes or not, it seems to be jury on the Government. certain that the Governmentd.id, byreasonofthedelays, get a larger and bet­ ter vessel and guns, and that the vessel and guns cost the contractors a con­ The proposition for the construction of this vessel was novel. siderably larger sum than wo~d have been the case had thtrvessel.l!t_nd g~s In the carrying out of the det?.ils of the contract it was thought been built as originallv designed. The Government consented to th1s proper to increase the caliber of the guns as well as the size of change and got the bene-fit of at least the larger vessel. This .is certainly an equitable claim on beha.lf of the contractors, which should be fairly consid­ the vessel. The ·gun specified under the original contract the ered by Congress. company were capable of constructing immediately. The guns Responding further to oral inquiries made since the receipt of your letter that were required under the changed instructions of the De­ by Hon. Mr. TALBOTT, a member of the Committee on Naval Atl'airs, I have to say that the vessel is staunch and very fleet, and, together with her ma­ partment became distinctively experimental with the company chinery is well built and entirely satisfactory. 11 upon further trials the that had the contract. It was their first attempt to build pneu­ dynamite guns upon the vessel shall be considered incapable of being made matic guns of so large a caliber, hence the delay to a certain ex­ to perform satisfactorily. the Department will probably arm her with other guns, and she will undoubtedly be an emcient naval vessel. tent. The Government extended the time of the company one For the committee's further information in this connection reference i~ month by its own voluntary action. The delay occurred, and made to the Department's letters addressed to Hon. William Elliott, under the penalty was enforced, the Secretary being compelled to en­ date of April 8 and May 14, 1892, in relation to the question of remitting the time penalties on the Vesuvius (see report or the Committee on Naval Af­ force it under the requirements of the statute. Not having ex­ fairs, No. 1680), which letters are no doubt easily accessible in the files of the tended the time, he must enforce the penalty. In every case where committee. penalties of this character have been incurred, the Secrebry of Very respectfully, H. A. HERBERT, the Navy has recommended to Congress a remission, and Con­ Secretary of the Navy. gress has acted in every case favorably. I have before me the case of the Petrel-- Hon. AMOS J. CUMMINGS, Gkai1'11tan Committee on Naval AJfai1•s, House of Rept·esentatives. Mr. HOPKINS of Illinois. I understood the gentleman to say that the Government extended the time one month. Now, Mr. Chairman~ this vessel was built at a cost beyond the Mr. BINGHAM. I said that the Government extended the contract; it was accepted by the Department, and. is in service time one month voluntarily. to-day. I am informed that the vessel, on yesterday, was or­ Mr. HOPKINS of Illinois. Yes; and the time was extended dered by the Department to blow up the derelicts and aban­ from the 11th of February to the 20th of May. doned vessels in the ocean. She is in the service. We are not Mr. BINGHAM. Very well. That was a little longer time, asking, Mr. Chairman and gentlemen of the committee, for any but that makes no important difference. In the case of the Pet­ additional sum which may have been expended by these con­ rel, Mr. Chairman, Cong-ress remitted a penalty of $56,450 in­ tractors beyond the originalcontractprice. We are asking here curred on account of delay. In the case of the Charleston it to give them the contract price, and not let it besaid that these remitted n. penalty of $33,384, incurred on account of failure to contractors, in addition to the loss of $90,000, are to lose$38,000in develop the horse power as specified in contract. The dela,y in penalties, making altogether a loss of $128,000, and thus making the case of the Petrel occurred from the action of the Depart­ such an enormous loss on experiments in union with the Gov­ ment in changing the details of the original contract. ernment. The Government has the vessel. Now, we ask that The Vesuvius followed a different line in contract from the these gentlemen may be allowed to receive the contract price other great vessels that have been built for the Government. alone. It was built by Cramp Sons, of Philadelphia, that great estab­ Mr. CANNON of Illit•ois. Will the gentleman yield tome for lishment which has given you, with the exception of a few ves­ a question? sels built upon the Pacific coast, the formidable American Navy Mr. TALBOTT of Maryland. How much time have I remain­ that you now possess. It is to-day the fastest vessel in the Amer­ ing? ican Navy, perhaps in the world. The CHAIRMAN. The gentleman has nine minutes of his Mr. SAYERS. Did Cramp & Sons contract with the Gov­ time remaining. ernment to build this vessel? Mr. TALBO'£T of Maryland. I yield five minutes to the gen­ Mr. BINGHAM. No, sir; and I did not say so. I said that tleman from Pennsylvania [Mr. BINGHAM]. they built it. The contract was with the Pneumatic Dynamite Mr. CANNON of Illinois. Will the gentleman yield for a Gun Company of New York. As to the efficiency of the gun, quest~Dn? that is a Department obligation, and has nothing to do with this Mr. TALBOTT of Maryland. Yes, sir. penalty, which is a time penalty and not a gun penalty. Had the Mr. CANNON of Illinois. Is it not true that this gun and that s':tme specifications and requirements as to horse power and speed vessel were in fact experimental, and that the experiment was been incorporated in the contract for the Vesuvius that has been made only after repeated applications had been made to Con­ incorporated in a great number of the new contracts for the gress and the Navy Department, and was entered upon perhaps other vessels, the speed contract alone would have been $300,000 reluctantly on the part of Congress to see what would come of premium, and the horse power premium would have been $124,- it? Did not the Secretary make the contract under the author­ 000 above the contract price. Let me go into some detail. There ization, having the power to remit the penalty, and as the ship have been two kinds of premiums, one for excess of indicated and the gun have been built and so far have proved failures! is horse power, which in all ships has been $100 per unit of power; it not true that Secretary Tracy was justified in refusing to re­ and the other for excess of speed, which has been varied from mit the penalty? $5,000 to $50,000 per quarter knot, according to the speed guar­ Mr. TALBOTT of Maryland. I will say in reply to a part of anteed. the gentleman:s question that neither the vessel nor the gun is If excess of horse power be taken as a basis, at the usual pre­ a failure. mium of $100 per unit, the Vesuvius, on therecord of her official Mr. SAYERS. ,The report of the Bureau of Ordnance says trial, would have earned accordingly the ditierence between that they are failures. 3,200 guaranteed and 4,445 developed as a mean of observations Mr. TALBOTT of Maryland. And Secretary Tracy said in a take'n on each of her two runs over the measured course. '£hat communication to Congress that the Government had expe­ difference is 1,245, which, at $100 per unit, as paid in all other rienced no damage. Therefore, where no damage has been sus­ horse-power trials-that is to say, those of the Yorktown, Balti­ tained, there ought not to be and there can not justly be any more, and Newark-would have amounted to $124,500. penalty inflicted. It is proper to remark that, in the report of the Chief of the Mr. HULICK. The gentleman might add that the investi­ Bureau of Construction and Repair for 1892, page 18, the Vesu­ gations of the committee have satisfied them that this report is vius is credited with 3, 794.86 indicated horse power. But this correct, and that this is a case of equity on behalf of these par- was the result of a subsequent trial, conducted aboutayearafter ties. I the official trial at the instance of the engineer in chief, the ob­ Mr. TALBOTT of Maryland. Yes, sir. I now yield five min­ ject of which was simply to demonstrate to his satisEaction that utes to the gentleman from Pennsylvania [Mr. BINGHAM]. she could exceed the guaranty of 3,200. No effort was made to XXV-I -152 2418 CONGRESSIONAL RECORD-HOUSE. OCTOBER 11,

push her above that figure on this occasion, both the steam On page 174 of the British Naval Annual for 1890 occurs the pressure and the revolutions having been much less than on the following: · official trial, when the m ::tchinery was naturally driven to its During their trials the Seagull class have given mnch trouble with their maximum capaci-ty within limits of safety. But even if we take engines and boilers in cooling down after a turn of speed. Serious leakages this performance as a basis, the premiul}l would have been have developed themselves in the boiler tubes. The structural stren gth of $59,486. the hull, too. has not been sut!lcitmt to stand the strain from l.he engine On a basis of speed, as in the cases of all the later ships, begin­ when working at full power. ning with the Philadelphia and San Francisco, the Vesuvius Testimony to the sameeffectfromother sources might be mul­ would have er.rned premiums to the extent of six quarter knots. tiplied, butas the British Naval Annual is the highest author­ In all cases of guarantee of or above 19 knots the premium has ity there is no need of additional testJmony. been $50,000 per quarter knot; but the Department has held that To sum up, the Vesuvius was guaranteed to make 20 knots and it could not recognize fractions of a knot less than a quarter, so made21.646, while the Seagull class, guaranteed to make 21 knots, that the Vesuvius, though running 21.646 knots against a guar­ made 20.1. The Vesuvius was guaranteed to develop 3,200 in­ anty of 20, would have received premium for only H knots ex­ dicated horse-power and developed 4,445. The Seagull class was cess. This would have been $300,000 if fixed at the rate awarded guaranteed to develop 4,500 and developed 3,630 as the maxi­ to all other ships in her class for guarantee of speed. mum performance of one vessel out of a class numbering nine. The information is taken from official records upon which the (See British Naval Annual for 1892, page 114.) acceiJ'"'..ance of the Vesuvius by .the Department was based. The fact that British boats of the same class have failed is, of Gentlemen say and have said the vessel and guns are an "ab­ course, no argum~nt in favor of the Vesuvius. But the compari­ solute failure." son shows at least th~:~.t if gentlemen would take a little pains In a general way this reckless and unfounded allegation was to inform themselves as to the actual facts their denunciations sufficiently met and disposed of by Col. FELLOWS, of New York, would doubtless be more guarded. and others; but some additional particulars from the technical The Cramps, at Philadelphia, built the hull, machinery, and or professional point of viewmay be interesting. pneumatic torpedo gear of the Vesuvius. They did not devise The Vesuvius was designed in 1886. At that time other naval the syst .... m. The Department deter mined it upon its merits. I powers were developing a class called seagoing torpedo vessels maintain that, so far as hull and machinery are concerned, the or torpedo cruisers, r anging generally from 500 to 800 tons dis­ United States possesses in the Vesuvius the best torpedo vessel placement, having great speed, and carrying a few light rapid­ in the world. If the officers of the Navy prefer the water-borne fire guns, but designed to use the torpedo as their main weapon. locomotive torpedo to the aerial projectile torpedo they can re­ This class is represented in the BritishnavybytheSalamander, move the pneumatic gear and install the ordinary ejector tubes Sharpshooter, Seagull, and six other vessels, the construction of in its place. The existing gear weighs, including tubes, com­ which was begun about a year alter the authorization of the Ve­ pressors, reservoirs, loading chambers, firing valves, etc., 140 suvius. tons. The ordinary locomotive torpedo gear having four tubes O ther powers followed suit on similar lines, but for purposes would weigh, with the usual number of Whitehead or Howell of comparison we will consider only the British Sharpshooter torpedoes, less than 40 tons, thus leaving over 100 tons for addi­ class, as being the nearest to the Vesuvius in size, motive power, tional coal and stores, and considerably augmenting the berth~ and other elements of ship design. The features in which the ing sps.ce and comfort of the vessel as a cruiser Ve uvius differs radically from the British torpedo vessels are The Vesuvius as a vessel is a great shipbuilding success and that she projects her torpedo through the air by means of a pneu­ not in any way "an absolute failure." matic tube, w bile they launch theirs in the water by means of an Now, to pursue the logic, let us suppose the existing pneumatic ejector, and that her torpedoes are fired directly at the. target, gear taken out. The Vesuvius is then a vessel of 7\JO tons nor­ while theirs are of the locomotive type and are left to make the mal displacement instead of 930, and draws about 9 feet of water best of their way through the water to the target after launch­ instead of 10 feet 7 inches. On this displacement and draft, with ing. her 4,445 horse-power, she can run 26 knots, and becomes the Vessels of this class should be compared in two directions, the most effective torpedo-catcher afloat. first embracing the character of the ship itself as to seaworthi­ The torpedo-catcher is almost a distinctive type,and the British ness, speed, h andiness, structural strength, coal endurance, cruis­ are building several of them, somewhat larger than the Seagull ing radius, and the second as to the efficiency of their armament. class. They are not yet finished, and the experience of the Sea­ Exhaustive experiments have been tried with both systems­ gull class seems to indicate that British estimates of perform­ the aerial projectile torpedo, as used by the V esu vi us, and the ance beforehand are not reliable. However, I would not hesi­ water-borne locomotive torpedo~ as used by the Sharpshooter tate to match the Vesuvius against any of them when completed, and class-so that comparisons of record are available as to rela­ notwithstanding that her design is six or seven years. older. tive efficiency of armament. The penalty· under contract was of neces~ity enforced. The Both types have been subjected to repeated and thorough Secretary had no discretion. Congress alone could direct re­ trials of speed and seaworthiness under varying conditions, af­ mission. It has done so before, and I think has always so enacted. fording- abundant record for comparison in that direction. The delay occasioned by the change in structural condition of For brevity I will present these records as follows, prefacing the vessel and the building of pneumatic guns of so large a c-al­ it with a statement of comparative dimensions: iber made it impossible for the company to deliver the vessel on time. But the Government did not suffer, but, on the other Vesuvius. S~~~~ hand, received a larger and better vessel, greater speed, and guns of larger caliber without additional cost. As a mattel' of ------~------l ·------1~ fact, Secretary Tracy has stated "the Government suffered no 2.'il ~~~!Jh.o~~~~~!_-_-_-_-:_·_-_-_-_-_-_-_~---_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-;J~~~~~ 26} damage by reason of the delay." 7 Load draft ____ ------____ do ___ _ 101>< I think the equities are all w.ith the company and their ap­ Load displacement ______---- __ ----_---- ______----tons __ 930- peal is in accordance with rule and precedent; and, further, Speed on omcial trial ______knots __ *21.646 Etfective range of torpedo ______------______feet __ 7,500 Congress has at all times acted in generous fairness, and in thiR Weight of explosive in each torpedo ______pounds __ 500 special claim it should not be forgotten that the proposition for Tubes ______------______------____ number __ 3 the use of a. new projectile in naval warfare run along the line of scientific experiment and novelty of construction, therefore * Chief constructor's report for 1892 says 22.5 knots. justlv warranting an appeal to Congress for a remission of This exhibits in brief the leading characteristics of the two penalty on time delivery when neither damage, injury, nor loss ·' types. h as been inflicted upon the Government . Both vessels have been in commission over three years. The [Here the hammer fell.] Vesuvius has been cruising up and down the Atlantic coast, and Mr. TALBOTT of Maryland. I yield the residue of my time in a voyage from New York to Port Royal her seaworthiness was to the gentleman from Ohio [Mr. HULIOK]. tested in one of the severest storms ever known. No trouble has Mr. HULICK. Mr. Chairman, as a member of this commit­ occurred with her machinery under any test of service. Her tee, I took it upon myself to satisfy my own conscience and trials of torpedo-throwing at Port R{)yal were successful as to judgment as to the equity of this case. I cross-examined every range and accuracy. Some of the torpedoes failed to explode, by member of the committee from whom I could obtain informa­ reason of defective fuses. But I have never heard of a war ship tion, and I secul'ed all the evidence I could :bearing on the ques­ being condemned as a whole because of defective shell-fuses among tion. I find that this contract is the result of an act of Congress her ammunition. Her hull has proved stiff and strong under all of August 3, 1886, which was for the purpose of trying an ex­ forms of trial and conditions of service. periment with this kind of a vessel, and the result was that the Now, let us see what is the record of the British type under contract which you have heard read h-ere was entered into. comparison. The committee, as your representatives, have been diligent in 1893. CONGRESSIONAL REOORD-HOUSE. 2419_

getting all the testimony, and they report·to you that upon the have shown that the vessel and the guns for the purpose for 'evidence they find this fact which I think·this Committee of t.he which they were constructed are a failure. Whole, sitting a£ a jury to determine the question between these Now, let uB look at this matter for a moment. I desire to im­ contractors and the Government, should observe and act upon, press upon members of the House this fact-that this vessel was that the Government suffered no damage by rea.son of 'the delay. , constructed upon a different plan, under a different contract: and ·I quote from the report: under different conditions from the vessels which were men- The bill having been referred to the secretary of the Navy for his views, tioned by the gentleman from Pennsylvania [Mr. BINGHAM]. was returned by thatofllcerwith the statement that the vessel has ·been com- · Those vessels were constructed upon conn· acts given out on open plated and accepted by the Department, and that the Government suffered! competition under the general law, where there were no experi- no damage by reason of the delay. h · 1 d I h. th t The alterations 1n the cruiser, which made it in every way more valuable ments w atever Invo ve . n t IS case e company came o to the Government, were made with the approval of th~ Department, and Congress and represented that they had a pneumatic dyna­ as the Government not only lost nothing by the delay, but on the contrary mite gun which could be utilized by the Government and which got a much better vessel in every respect than it contracted for without ad- would prove an -enormous advant .o-e in naval warfare. They ditional cost, it appears to your committee to be a case that most strongly 9--o appeals to the just and equitable coiL<-.ideration of Congress. were persistent in season and out of season in their efforts to get Your committee therefore report back the bill and recommend its passage. the Government to enter in to a contract for the construction of The committee makes this report upon the evidence before it, a dynamite-gun cruiser. They kept up their efforts until a bill and not upon assumptions as gentlemen who oppose this measure was passed through Congress at their special instance by which base their arguments upon. Good conscience and equity require they were enabled to enter into-the contract referred to in the our Government to pal,': over to these contractors the money that remarks of the gentleman from Texru; [Mr. SAYERS]. is now lying in the l'reasury and justly belongs to them. It In this contract they agreed a~d gu'lranteed to construct for does not require an appropriatiqn. The money is only with- a given sum a vessel with these dynamite guns constituting the held by the Secretary of the Navy because technically under the armament of said vessel. The guns were to be efficient and with contract he can not pay it over to the contractors. a capacity of throwing shells containing 200 pounds of dynamite The Secretary can not in this matter exercise equitable·juris- at least one mile. They also guaranteed the accuracy of the gun, diction-every lawyer understands this principle of law-and he the accuracy of the flight of the projectiles. This is one of the therefore refers it to Congress, just as numerous other cases guaranties in the contract: ;, The projectiles must be steady in paraJlel to this have been referred to Congress by former Secre- flight and not tumble or break J.lP in the air or be mechanically taries where larger amounte of money were involved! and in every destroyed on impact before detona,tion of the charge." instance Congress, looking at the justice of the cases, granted Mr. COBB of Alabama. Will the gentleman allowmeaques- the relief sought. I have examined several of these other cases, tion right there? and I find this one appeals more strongly for relief than any of Mr. HOPKINS of Illinois. I can not yield at this moment. them, because of the equityof the case. To refuserelieftothese It was in consideration of the guaranty which this company contractors would inflict a greatwrong,for which I can not give gave k> the Government of the United Shtes that this contract my vote. I hope the House will do only a simple act of justice was entered into. Now, what is the result? It was provided in and pass this bill. the contract that i1 there were any matters of difference between The CHAIRMAN. The time of the .gentleman from Ohio the Government and this company the Secretary bf the Navy [Mr. HULICK] has expired. should be the arbiter between the two, and thatb.isruling should Mr. SAYERS. I yield three minutes to the gentleman from be conclusive upon that point. It was also provided-- Texas [Mr. HUTCHESON]. · Mr. TALBOTT of Maryland. Will the gentleman yield a Mr. HUTCHESON. .Mr. Speaker, I make one proposition moment? - whichwillinfluence myvote and which, it seems to me, ought to _ Mr. HOPKINS of illinois. :ijot now. influence the vote of every member of Congress upon a question · It was also provided that the vessel should be completed within of this chotr acter. This bill is in the nature of an appeal from a given time. After the contract was made, without any appli­ the judgment and decision of a Department of this Government cation on the part of the Government, this company proposed to on a contract of the Government. incre3.Se the size of the guns and to make some other changes. Now, if Congress could be appealed to when the Government Mr. SAYERS. They reserved that power in the contract. sustains injustice under a contract, and could settle equities in Mr. HOPKINS of Illinois. Yes, that power was reserved in favor of the Government-if Congress were not a court of appeal the contract; and they proposed to exercise it. They went to the where simply the individual always comes and to which the Secretary of the Navy and by their _persistent efforts inducerl Government never can come-I should be in favor of adjudicat- him to acquiesce in those changes. Now, to show to members of ing the equities of contracts in this tribunal. But in view of the the House-- fact that this tribunal never cg,n settle an equity in favor of the MI.'. BINGHAM. Will the gentleman allow me a single mo- Government-always must settle an equity against the Govern- ment? His statement is not correct. ment (for no contractor will ever come here when he has obtained Mr. HOPKINS of Illinois. I can not yield. In order to show an advantage of the Government), therefore, in my humble judg- members of the House that no advantage was taken of this com­ ment we should stand by the contracts of this Government, the pany I will cite the fact that on account of the increased size of decisions of the Departments on those contracts, fulfill them like the guns and the changes which were made in the construction men, own up, pay up, shut up, on both sides, and never come to of the vessel, the Secretary of the Navy extended the time for this Congress. - the construction and delivery of the completed vessel to the Mr. CUMMINGS. But suppose after the construction of a Government. vessel is authorized by the Government the contract is changed; There is nothing in the official correspondence that shows what becomes then of the gentleman's proposition? that the time which was given to the company was not satis- Mr. HUTCHESON There is no evidence that this contract factory to them. rrhere is anothm• point to which I wish to call was ever ~hanged. your attention, that if the Becretary of the Navy had the au- 1.1r. TALBOTT of J\iaryland. 1'he letter which was read thority-as he undoubtedly had under the contract-to extend shows that this contract was changed by· the consent of the Gov- the time for the completion of the vessel, then I maintain that .ernment. under the same contract he had authority to still further extend Mr. HUTCHESON. As to the character of the illiltrument, it if in his judgment equity and good conscience required it. yes; but not as to the nature of the contract. But the fact that after one extension of the time he demanded Mr. TALBOTT of Maryland. As to the character of the ves- of this company the delivery of the vessel within the specified sel. time, or else the exaction of the penalty, is proof positive to my Mr. SAYERS. I yield the remainder of my time to-the gen- mind, and it seems to me that it should be to the members of tleman fr()IU illinois (Mr. HOPKINS]. _ this House, that no evidence was offered to the Secretary of the Mr. HOPKINS of Illinois. Mr. Chairman, if this bill had Navy showing him that this company was entitled to more time, any equity I for one would not be in favor of invoking the -strict or that the penalty exacted in the contract should be remitted. principles of law to deprive these parties of the $39,000 or $40,- The gentleman from Penneylvania [Mr. BINGHAM] has-stated 000 which have been taken from them by a ruling- of the Secre- that the Government is estopped now to deny the claim of these ta-ry of the Navy. But the examination which I h ave given to parties because it has a-ccepted the -vessel. How? Why, Mr. the subject has satisfied me that in:stead of these parties st:tnd- Chairman, in the very acceptmce of the vessel the Secretary of f the Government, and looking to the inter­ ·And ·these experiments, as reported by the Bure3.u of Ordnance, est of the United States, when they proposed t.o have him ac- . 2420 CONGRESSIONAL RECORD-HOUSE. 00TOBER 11,

cept the vessel, he said, "No, gentlemeni_ I will not accept it. I pended in the way of experiments, is now propo3ed by the Navy can not, unless with the penalty." Department to be turned into a torpedo boat. A torpedo boa; Mr. TALBOTT of Maryland (interrupting). Where is your can be constructed for from $90,000 to $100,000-- evidence of that? Mr. SAYERS. And has been. Mr. HOPKINS of Illinois. I hope the gentleman will not in­ Mr. HOPKINS of Illinois. And has been. Mr. Chairman, I terrupt me at this point. The Secretary said he would not wish I had more time to show how utterly without merit this accept it unless he exacted the penalty. bill is. Mr. TALBOTT of Maryland. Again I ask the gentleman The CHAIRMAN. The time of the gentleman has expired. where is the evidence of thatfact? The morning hour has expired, and the committeewillnow rise. Mr. HOPKINS of Illinois. The gentleman asks where is the The committee accordingly rose; and the Speaker having re­ evidence. I say, Mr. Ch airm~n, that if he had given the subject sumed the chair, Mr. DOCKERY, chairman of the Committee of any attention he would s~e the ver y fact that the Secretary of the Whole House on the Private Calendar, reported that the com­ the Navy exacted the penalty when he accepted the vessel is all mittee had had under consideration the bill (H. R. 222) to remit the evidence which could possibly be required to substantiate the penalties on the dynamite cruiser Vesuvius, and had come the position that the Secretary evidently took in regard to the to no resolution thereon. matter. MESSAGE FROM THE SENATE. Mr. BINGHAM. But he had no discretion. A message from the Senate, by Mr. PLATT, one of its clerks, Mr. TALBOTT of Maryland. Will the gentleman point to a announced that the Senate had agreed to the amendments of the single exception to that rule? House of Representatives to the bill (S. 824) granting settlers on Mr. HOPKINS of Illinois. Another fact, Mr. Chairman, Ide­ certain lands in Oklahoma Territoey the right to commute their sire to impress on the minds of the House is this: That when the homestead entries, and for other purposes. Secretary of the Treasury accepted the vessel he exacted the It also announced that the Senate had passed joint resolution penalty; and if in his judgment that penalty should have been (S. R. 33) authorizing the Joint Committee on the Library to remitted, and the position of my friend from Pennsylvania is grant the privilege of using and drawing books from the library correct, which I deny, then, sir, he would h ave made a recom­ to the chief justice and associate justices of the court of appeals mendation to Congress asking the remission of the penalty. of the District of Columbia; in which the concurrence of the But nothing of the kind was done. He has made no such House was requested. recommendation, and so far as his official acts are concerned, A further message from the Sen:.tte, by Mr. PLAT'l', one of its stands opposed to any measure of the character of the pending clerks, announced that the Senat9 had passed with an amend­ bill. ment joint resolution (H. Res.l4) authorizing the State of Wis­ Now, let us see for a moment the test made by the Govern­ consin to place in Statuary ~all at the Capitol the statue of Pere ment and the company when the vessel was accepted. What Marquette, in which the concurrence of the House was re­ was that test? Why, Mr. Chaieman, it wa-s the veriest farce that quested. could have been enacted. They reported that the Vesuvius ENROLLED BILLS SIGNED. made 21 knots an hour on her trial trip. But how did she do it? Why, in the very smoothest of water-in Delaware Bay-her Mr. PEARSON, from the Committee on Enrolled Bills, re­ testing draft was 9 feet 6 inches, while her cruising or fighting­ ported that they had examined and found truly enrolled the bill trim draft will be 11 feet; you see from this she drew 1 foot (S. 824) granting settlers on certain lands in Oklahoma Terri­ 6 inches less water on her trial than she will when ready for sea. tory the right to commute their homestead entries and for other Was it a test of such a character as the Dolphin was subjected to, purposes; when the Speaker signed the same. when it was put in a rough sea under all of the disadvant:l.ges of LEAVE OF ABSENCE. such a condition? Not at alL This company, and the board that made the test, took the vessel out into perfectly smooth By unanimous consent, leave of absence was granted as fol­ water and made a test by a six-minutes' run in one direction and lows: a seven-minutes' run in the other direction, and on that they ':I:'o Mr. DE FORREST, for ten days from October 14, on account figured out that it would make 21 knots an hour. of important business. Mr. TALBOTT of Maryland. Twenty-one knots an hour. To Mr. HEPBURN, indefinitely, on account of important busi­ Mr. HOPKIN~ of Illinois (continuing}. And the only test ness. made at the time the vessel wa.s accepted was a test of that char­ CHINESE EXCLUSION. acter. I say, then, that such a test is a fraud on the Government Mr. OUTHWAITE. I call up the repot·t from the Commi~ of the United States. tee on Rules providing for . the consideration of the bill H. It. Mr. BINGHAM. By whom? 3687 • .M.r. HOPKINS of Illinois. I care not whether the officials of The SPEAKER. The Clerk will report the resolution: the Navy Dep:.trtment were to blame or not. Whoever did it, The Clerk read as follows: it was no fit test by which to bind the Government to the accept­ Resolved, That immediately upon the adoption of this order, the House ance of such a vessel. It was an unheard-of thing. But what proceed to the consideration of the bill (H. R. 3687) to amend an a.ct entitled has been the result of further and later tests by the Navy De­ "An act to prohibit the coming of Chinese persons into the United States, • approved May 15, 1892; and that the consideration thereof be continued troiQ p artment? That this vessel is perfect in all of its appointments, day to day, immediately arter the second morning hour, until said bill shall and that pneumatic dynamite guns will do what it was con­ have been fully disposed or. tracted they would do when this contract for the construction The resolution was agreed to. of the Vesuvius was signed? Not at all. Up to this day the The SPEAKER. The Clerk will report the bill referred to in Vesuvius has been a total failure for the purposes for which the the resolution just adopted. Government agreed to pay these parties $350,000. The Clerk read as follows: I hold in my hand a report from the Board of Ordnance-­ A bill (H. R. 3687) to amend an act entitled "An act to prohibit the coming Mr. SAYERS. There are two reports there. of Chinese persons into the United States," approved May 5, 1892. Mr. HOPKINS of Illinois. This report is dated September 20, Be it enacted by the Senate and House of Rep1•esentatives of the United State• 1893. Now mark, this report of the Bureau of Ordnance of the of .America in Congress assembled, Tha.t section 6 o! an act entitled" An act to Navy Department was given to the public less than one month prohibit the coming of Chinese persons into the United States," approved May 5, 1892, is hereby amended so as to rt and a large port.ion of the length or her guns, are passage or this act for a certi.tlcate of residence; and any Chinese laborer completely exposen lost or destroyed. at an ex:pens~ of $325,000, and which has had $30,000 more ex- he shall be detained and judgment suspended a reasonable time to enable 1893. CONGRESSIONAL . RECORD-HOUSE. 2421

him to procure a. duplicate from the om.cer granting it, and in such cases as laborers, other classes not being included in the limitations. the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person, other than a Chinese laborer, having a right to be and Legislation taken in regard to Chinese labo: ers will be of such remain in the United States, desiring such certificate as evidence of such a character only as is necessary to enforce the regulation, limita­ right, may apply for and receive the same without charge; and that no pro­ tion, or suspension of immigration, and immigrants shall not be ceedings for a violation of the provisions of said section 6 ot said act of May 5, 1892, as originally enacted, shall hereafter be instituted, and that all pro­ subject to personal maltreatment or abuse. ceedings for said violation now pending are hereby discontinued." The second article of this tl'eaty declares that- SEc. 2. The words "iaborer '' or "laborers," wherever used in this act, or Chinese subjects, whether proceeding to the Upited States aa teachers, 1n the act to which this is an amendment, shall be construed to mean both students. merchant~. or from curiosity, t-ogether with their body and house· skilled and unskilled manual laborers, including Chinese employed in min· hold servants, a.nd Chinese laborers who are now in the United States, shall tng, jlshing, huckstering, peddling, laundrymen, or those engaged in taking, be allowed to go and come of their own free will and accord, and shall be drying, or otherwise preserving shell or other fish for home consumption or accorded all rights, privileges, immunities, and exemptions which a1·e ac­ exportation. corded to the citizen:; and subjects of the most favored nation. Mr. McCREARY of Kentucky. Mr. Speaker, the bill under Soon after the ratificationof this treaty, Congress, in 1882,en­ consineration is very important, and the necessity for its passage acted a law suspending for ten years the coming of Chinese is urgent. It involves the continuance of amicable relations be­ laborers to the United States, and in 1884 this act was amended tween two great countries, and it concerns nearly 100,000 Chi­ by imposing heavy penalties and punishments on those who viO.: nese persons. If passed, it will s:...ve millions of dollars to the lated 1t. In 1888 a supplement to the act of 1882 was passed pro- . United States, and meet a widespread -demand for legislation hibitingChineselaborerswho had formerlyresidedin the United that will prevent the further coming of the Chinese to the United States, but who had departed, from returning to the United States. · States. The pending bill was ordered to bE. reported by the Committee On the 5th of May, 1892, was passed "the act to prohibit the on Foreign Affairs, with but one dissenting member. It amends coming of Chinese persons into the United States," which the the Chinese exclusion act passed May 5, 1892, known as the present bill seeks to amend. Geary act, by extending the time from the passage of this bill At that time, according to the Census Report of 1890, the Chi­ six months, in which Chinese persons now in the United States nese population of the United States was 100,688. Of thi::; num­ may register and obtain certificates of residence. It also amends ber 95,477 were located in the Pacific States and Territories, and that act so as to require "one credible witness other than the residue were located in various cities of the United States. Chinese" to prove that the applicant for a certificate was a resi­ That act made it the duty of all Chinese laborers within the dent of the United States on the 5th of May, 1892, instead of United States at the time of its passage to apply to the collector "one credible white witness." It also requires that the word of internal revenue of their respective districts within one year "laborer" or "laborers," wherever used in this act or in the after the passage of the act for a certificate of residence, and any act to which this is an amendment, shall be construed to mean Chinese laborer within the limits of the United States who both skilled and unskilled manual laborers, including Chinese failed to comply with the act, or who, after one year from the employed in mining, fishing, huckstering, peddling, laundry­ passage thereof, were found in the United States without .such men, or those engaged in taking, drying, or otherwise preserv­ certificate of residence, was ordered to be arrested and deported ing shell or other fish for home consumption or exportation. from the United States The tre:~.ties between the United States and China, and the After the passage of the act of May 5, 1892, known as the Geary subsequent legislation adopted by Congress to prevent the immi­ act, prominent representatives of Chinese persons in the United gration of Chinese laborers into this country, terminating in the St ~\ tes emploved Messrs. Choate, Carter, and Ashton, threa able exclusion act of May 5, 1892, are too well known to require and experienced attorneys, to examine and render opinions on lengthy discussion at this time. I will only refer briefly to the said act. Each of these attorneys rendered opinions in which treaties and to the acts of Congress. The first treaty between they declared the act of May 5, 1892, repugnant to the Constitu­ the United States and the Empire of China was concluded on tion of the United States. Their opinions were watched for the 3d of July, 1844, and ratifications exchanged in December with much interest by Chinese persons within the United States,

of the following year. r and they exerted a great and controlling infl uence with them. The next treaty was negotiated with the Chinese Government Immediately after the expiration of the time allowed for reg­ in June, 1858, and ratifications exchanged in August of the fol­ istration by the exclusion act of 1892 there were three writs of lowing year. Both of these treaties were in the interests of h ?,bea.s corpus granted by the circuit court of the United Stn.tes peace, amity, and commerce between the two nations, and re­ for the southern district of New York upon petitions of Chinese newed the promise of protection to all citizens of the Unit-:! d laborers arrested and held by the marshal of the district for not States in China peaceably attending to their ~Lffairs, and stipu­ h aving ce1·tificates of residenc3 under ection 6 of said act. In lated for security to Christiai].S in the profession of their reli­ each ct; se the circuit court, after a hearing upon the writ of ha­ gion; but neither the treaty of 1844 nor that of 1858 referred to beas corpus and the return of the marshal, dismissed the writs the emigration of the citizens and subjects of the two nations, of habeas corpus and allowed an appeal. On appeals in these respectively, from one country to the other. cases from the circuit court of the Unit3d States in and for the It was in 1868 that a new treaty was negotiated by Anson Bur­ southern district of New York, five of the justices of the Su­ lingame and others, called a " treaty concerning trade, consuls, preme Court of the United States held (three of the justices dis­ religious toleration, and emigration." This was the harbinger senting and one b :::ing absent) that- of a new era in the history of China, because it opened a country Upon careful consideration of the subject the only conclusion which a.p­ to free intercourse with other nations that had for ages been iso­ pen.rs w us to be consistent with the principle of international law aud with lated and closed to all foreigners. the Constitution and laws of the United States and with the previous deci­ sions of this court is that in each of these cases the judgment of the circuit I read article 6 of that treaty to show how broad and cordial com·tdismissing the writ of habeas corpus is right and must be amrmed. our relations with China were at that time: This decision was not rendered until the 15th day of May, 1893, ARTICLE 6. Citizens of the United States visiting or residing in China. shall enjoy the same privileges. immunities, or exemptions in respect to travel or ten days after the time had expired in which Chinese persons residence as may there be enjoyed by the citizens or subjects of the most could register and obtain certificat ~ s of residence. favored ua tio:c.: and. reciprocally, Chinese subjects visi t.ing or residing in the It seems just and fair that, as many Chinese persons were mis­ United States shall enjoy the same privileges, immunities, an-I exemptions in respect to travel or residence as may there be enjoyed by the citizens or sub­ led by the opinions rendered by Messrs. Choate, Carter, and Ash­ jects ol the most favored nation. nut nothing herein contained shall be held ton, and failed to register and obtlin certific ttes in the time pre­ to comer naturalization upon the citizens of the United States in China, nor scribed by law, and as the opinions of these eminent lawyers were upon the subjects of China 1n the United States. s::tstained on the main question by the Chief Justice of the Su­ The large immigration of Chinese to our country which oc­ preme Court of the United States and two associate justices, • curred after this treaty was made, their peculiar habits and their the Chinese should have six months additional time in which to failure to assimilate wit.h our people, the growing unpopularity register and obtain certificates of residence. of Chinese laborers, and the belief that their presence here was There is also another strong and convincing reason for the inimical to our institutions, led to the treaty concluded in 1880, passage of this bill which concerns the United States. There­ known as "the treaty regulating immigration into the United port of the Secretary of the Treasury shows that 13,242 Chinese States." It provides in its first article, that whenever in the persons registered and obtained certificates of residence under opinion o1 the Government of the United States the coming of the act of May 5, 1892, leaving 93,443 who f.lUed to avail them­ Chinese laborers to the United States, or their residence therein, selves of the privileges of said act. Assuming thatabout 10 per affects m· threatens to affect the interests of that country, or to cent of these will be entitled to exemption as teachers, students, endanger the good order of the said country, or any locality merchants, and ,persons traveling for curiosity, there would r~ within the territory thereof, the Government of China agrees main about 85,000 that would be liable to depJrtation under the that the Government of the United States may regulate, limit, law. or suspend such coming or residence, but may not absolutely The Secretary of the Tre!:tsury s:1ys th:tt he has but $25,000 prohibit it. The lh:nitation or suspension shall be reasonable, available of the fund for enforcing the deport'1tion act of 1892; and. shall apply only to Chinese who. may go to the United States that the lowest cost for the tr..:.noportation of Chinese from San 2422 CONGRESSIONAL REOORD-HOUSE. 00TOBER ll.,

Francisco to Hongkong is $51 per capita for steerage passage, Tres,sury! you not only give your judges in California, where and that other expenses incident to the arrest, trial, and inland there are 71,000 Chinese persons, time to attend to their busi· transportation would average not less than $35 more per capita. ness without being occupied for years in the trial of these cases, If, therefore, all Chinese persons within the United States who but you also do an act of justice and fairness to this class of are r equired to register unde~ the law and h a.ve fa iled to do so peoule. should be transported to China, the cost involved would amount to Mr. HILBORN. Suppose1v-epassthis bill and extend the time $7,310,000. It will therefor e not only be fair and just to Chinese for the registration of these Chinese, and suppose they should persons, but wise economy to p:lss the pending bill and save mil­ again refrain from registering; what will then be the position of lions of dollars for the United States. the United States? Would not our Government be rather hu­ Mr. BRETZ. At tbe time when you say the advice was given miliated. by these attQrneys to the Chinese tha.t the act was unconstitu­ Mr. McCREARY of Kentucky. The gentleman is supposing tional~ the decision of the Supreme Court had been rendered, a case. I am here to-day to discuss a case that actually exists. had it not? Eighty-five thousand Chinese persons are to-day watching the Mr. McCREARY of Kentucky. It ha.d not . .... Congress of the United States and anxiously waiting to see what Mr. BRETZ. Consequently they lost their opportunity to will be their fate. register? In China hundreds of missionaries, teachers, and travelers are Mr. McCREARY ofKt>ntucky. Yes, sir. Iwillexplain to the alarmed and anxious lest there should be retaliation on them for gentleman.from Indiana that a case could not be made until the any severe treatment extended to Chinese in this country. We one year allowed by the Geary act had expired. Each of the are confronted with a condition and not a theory to-day, Mr. attorneys for the Chinese ad vised them that the act was uncon­ C.h9irman. stitutional. Mr. GEARY. Will the gentleman allow an interruption just The year expired on the 5th day of May, and as early as pos­ there? sible, to wit, on the 6th day of May, steps were taken to Cdrry Mr. M cCREARY of Kentucky. Certainly. cases to the Supreme Court of the United States, and that court Mr. GEARY. Is it not t rue that these s:1me missionaries have did not decide the cases referred tQ until the 15th day of May, a bill before our committee, asking that they be granted in China and at that time the one year allowed by the Chinese exclusion the same rights p recisely that we gra nt to the Chinese here? act had expired and the Chinese could not register. The bill Mr. McCREARY of Kentucky. I do not understmd-­ now pending is simply for the purpose of giving them six months Mr. GEARY. I mem a bill introduced in the House andre­ more tim-e in which to register and obtain certificates of resi­ ferred to the Committee on Foreign Afiairs, which proposes to dence. grant to the missionaries identicaily the rights in China that Mr. CAMINETTI. WM there not a plan by which these we grant to the Chinese here. Chinese could have registered during the year, and yet could Mr. McCREARY of Kentucky. Howcan we bylegislationdo rais.e that point in the way that it was raised afterwards by the that? attorneys? Mr. GEARY. I am not arguing whether we can or can not. I Mr. McCREARY of Kentucky. I know of no sucn plan, am now suggesting that they are content to have the same rights Mr. -CAMINETTI. Could they not have nearly all registered we accord to the Chinese. and then raised the point upon three of the Chinese purposely Mr~ McCREARY of Kentucky. If a missionary desires con­ l,"emaining unregistered, and then, if the Supreme Court of the cessions of that character he should apply to the Chinese au­ United Statesdld notsustaill the opinion of theirattorneys,there thorities. would have been no harm done? Mr. LOUD. I would like to ask the gentleman from Kentucky Mr. McCREARY ofKentucky As I understand it, the Chinese if he is authorized from any reliable source to guarantee to this relied upon the opinions rendered by Attorneys Choate, Carter, Rouse, provided this time be extended, that these Chinese per­ and Ashton, as did their employers and advisers; and the fact sons will conform to the law then:' that only five justices of the Supreme Court, out of nine, decided Mr. MCCREARY of Kentucky. I am not authorized to make that the Geary act was constitutional, certainly shows that there any guaranty on the subject. I have not conferr-ed 'fith Chinese was some ground for the opinions rendered by attorneys. persons. But I do know that the minister from China has said Mr. HEARD. I would like to ask the gentleman whether the to the Secr~tary of State that Chinese persons in the United report in favor of the bill under consideration is a unanimous States desire further time in which to register and prove their report of the Committee on Foreign Afiairs? residence in the United States. Mr. McCREARY of Kentucky. It is, with the exception of Mr. LOUD. He also asked for the repeal of the bill, did he one member, the gentleman from California [Mr. GEARY]. not? .M1·. HEARD. Has there been a minority report filed? Mr. MnCREARY of Kentucky. To my knowledge he has not. M1·. McCREARY of Kentucky. No, sir. It is not necessary in my opinion, Mr. Speaker, for rr...e to say Mr. COX. Does the Gea.ry act require that women and child­ more on the amendment extending the time in which Chinese ren shall be registered? laborers may obtain certificates of residence. • The next amend­ Mr. McCREARY of Kentucky. It requires that Chinese la­ ment! desire to call to the attention of the House is that in re- borers shall be registered? gard to striking out the word " white" in the GeJ.ry act. · Mr. COX. But does that include women and children? T he pending bill amends the acto! 1892 so as to strike out the Mr. McCREARY of Kentucky. The gentleman will have to word "white," and requires "one credible witness other than put his own construction on that section of the Geary act. Chinese" to prove thn.t the applicant for a certificate was a res­ Mr. COX. That is, as to whether women and children would ident of the United St:1tes on the 5th of May, 1892, instead of be regarded as laborers? "one credible white witness.n The propriety of this amend­ Mr. McCREARY of Kentucky. If they are regarded as la­ ment is so manifest that no discussion 1s necessary. borers, they would have to be registered. The bill also amends the act of 1892 by defining the meaning . A MEMBER. As a matter of fact, the women do not labor. of the words "laborer" and ''laborers." The act of 1882 de­ Mr. COX. II the women and children were required to r eg­ clared that the words" Chinese laborers," wherever used, shall ister that would seem to me a strong argument in support of the be const rued to mean both skilled and unskilled laborers and position of the gentleman from Kentucky. Chinese employed in minin~ and the act of 1884 provides that Mr. McCREARY of Kentucky. But there is another matter nothing in that act nor in the treaty 9f 1880 shall ba construed that should be considered. If 85,000 Chinamen are not given ad­ as embracing within the meaning of tbe word "merchant," ditional time in which toregister they will employ counsel, they huckBters, peddlers, or those engaged in taking, drying, or oth­ will resort to every defense that they can make to prevent de­ erwise preserving shell or other fish for home consumption or portation. There will necessarily be a trial in each case. The e xport ation. It is therefore deemed proper to define the word effect of such a proceeding may be illustrated by reference to the "laborer" or "laborers " as set forth in this bill. This is made State of California. In that State, I believe, there are three necessary also, because the definition given to these words by United States judges. Every Chinaman who is arrested will the present Secretary of the Treasury and the former Secretary make hiH d efense, and it is fair to assume that these three judges, of the Treasury, in their circulars and orders, are practically the if they would give all their time to this business, would not get same as se t forth in the pending bill. · through with the trial of these cases and the ordering of the Mr. BRETZ. Will the gentleman allow a question? deport:1tion of Chinamen in years. They could not each of them Mr. McCRE~illY of Kentucky. Yes, sir. try more than five cases daily and attend to the other business Mr. BRETZ. I wish to ask a question with 1·eference to sec­ of tbe court, so that the deportation of 85,006 Chinese persons tion 2 as to the words·' laborer H or'' laborers." I wish to ask if would be going on for twelve or fifteen years. you think that amendment goes far enough. Take, for instance, Therefore I say that in extending for six months the time for a contracoor. Suppose a China@aa is a contractor who does not the registration of these Chinese and thus enabling them to ob­ do any manual labor hlmsel£ but employs others. Would you tain certificates of residence, you not only save $1,000,000 to the term him a laborer under your definition? ... . 'I

~1893. CONGRESSIONAL RECORD-HOUSE. 2423 .· Mr. McCREARY of Kentucky. I think so? 13, 1889. It was held in that case in regard to the exclusion of Mr. BRF.TZ. Why? albns that- Mr. McCREARY of Kentucky. I think he is a laborer. I The power of exclusion or foreigners being an incident of sovereignty be­ think he labors. . . longing to the Government of the United States ~s a. part or th~se sover• eign powers delegated by the Constitution, th"0 nght to its exae1se at any Mr. BRETZ. Do you think he is a manual laborer? time when, in the jud-gment of tne Government, the int.erests of the country Mr. McCREARY of Kentucky. Under the treaty between require it, can not be granted a way or restrained on behalf .of anyone. the United States and China, teachers, atudents~ merchants, and And as follows, as regards the annulment of a treaty: travelers for ~leasuro and curiosity are exempted. The validity of this act, as already mentioned, is assailed, as being in efieet Mr. BRETZ. Would he be termed a manual lab01--er, within an expulsion from the country of Chinese laborers in violation o1 existing the definition of this section, when in fact he does not do any t~:eaties between the Unilied :States and the Government of China., and of rights vested in them under the. laws of Congress. The objection that the labor himself, and only oversees and employR others to do the act is in conflict with the treaties was earnestly pressed in the court below, work? and the answer to tt constitutes the principal part of its opinion (S6 Fed. Mr. McCREARY of Kentucky. I say to my friend from In­ Rep., 431). Here the objection made is, that th~ act of 1888 impairs a right vested under the treaty of 1880, as a. law of the United States, and the statutes diana [Mr. BRETZ] that I have been trying to show that in the of 1882 and of 188! passed in execution or it. It must be conceded that the acts of 1882 and 1884 these definitions occur, as regards '' laborer " act of1888 is 1n contravention of express sttpula.tious of the trep.ty of 1868 and and '' laborers," a.nd that Secretary Foster, the preceding Sec­ of the supplemental treaty of 1880, but it is not on that ~ecount invalid 'Or to retary of the Treaaury, and the present Secretary of the Treas­ be restl'icted .in its enforcement. ury have defined" laborer" as stated in the amendment. They The act of Co.pgress passed in 1888 is a violation of expressed said in their instructions: stipulations of the treat.y of 1808 and also o1 tb.e supplementary treaty of 1880. There is no necessity for a further violation of Collectors o! internal revenue and their deputies are instructed that all classes of skilled and unskilled laborers. and pen:ons employed in mining, the treaty. We should, so far as possible, preserve the. amicable as well as huck-sters, peddlers, and persons engaged in taking and ~~ or relations which now exist betw'Jen -our c::mntry and Chma. Our otherwise preserving shell~ or fish for home consumption or exportation, trade with China last yeJ.r amounted to $24,000,000. We should and laundrymen, shall be classed as laborers. adhere to the policy so fGI'cibly announced by Mr. Jefferson Mr. BRETZ. Now, suppose a Chinaman is engaged in this when he said, "Peace, commercel and honest friendship with city in the laundry business. He does not do any work himself, all nations and entano-ling alliances with none." but he simply oversees and conducts the laundry. Do you say Acts of Congressal~·eady passed-compel Chinese pe1·son.s in the that he is a laborer? United States to register and obtain certificates of residence, Mr. McCREARY of Kentucky. He is a laundryman, and showing age, occupation, description of person, local residence, laundrymen are mentioned in the amendment. etc., and pay heavy expenses, and these burdens are imposed on Mr: BRETZ. Pardon me just a moment. Would not a. mer­ no other class in our country. chant who is engaged in the sale of his goods be a laborer also, The acts to which I have referred deny to the Chinese the within that definition, provided he works in his stOre as a sales­ right conceded to all other persons, of indictment and trial ba­ man. fo.e conviction. The law also denies, so far as the Chinese are Mr. McCREARY of Kentucky. Merchants have been ex­ concerned, the universal rule of the presumption of innocence, empted by the treaty. and makes every man presumably guilty until he proves himself innocent. There is no good reason now for our Government to Mr. HERMANN. I desire to ask aauestion as a matter ofin­ still further violate the treaty between the United States and lor.mation, because it may become a matter of very grea,t im­ China by requir ;ng them to be tag-ged, marked, or photographed. · portance to our people on the Pacific coast. Underwhat defini­ Mr. RAWLINS. Is not the right of a foreigner to come and tion would a woman come, who is not a l.aborer, but who was reside within this country in the nature of a political privilege here on the 5th day of May, 1892? rather than a vested -or natural right, .and is it not customary to Mr. COX. That is a point ths.tl wanted to direct attention to. make reg-ulations even for citizens of the United States upon Mr. HERMANN. And then rwould like to ask you how would which such citizenB may exercise a privilege analogous in its e. person not 21 years oi age! 10 years or 5 years oi age, a child, nature tothatof coming from abroad and settling in this country? be defined? Would a child be excluded, and if not, what pro­ For instance, a citizen goes to vote and he is required to register vision of law is there which would protect it from exclusion"? and to take an oath, and in some cases there is raised against him Mr. McCREARY of Kentucky. I would say to my friend a presumption of disqualification which he is required to remove that he and others on the Pwifie coast have, since 18132, been by conforming to cert.lln conditions. introducing various acts and supporting them. They passed Mr. McCREARY of Kentucky . . Will the gentleman please the act of 1882 and the act of 1884. They passed the act of 1888, name any class -of foreigners who.comeherefrom any other coun­ and thev passed the act of 1892. I have simply collected in this try who are required, as the Chinese are required undertheactof amendment what you stated in the various acts referred to with the 5th of May, 1892, to register, and prove their places of resi­ a view to help you define the mea.ning of the words" Chinese denoo and attach to their certificates a description of their per­ laborer;" and I caJl the attention of the gentleman from Oregon sons, and of the place where they reside_ (Mr. HERMANN] to a decision lately rendered by Judge Ross, in Mr. RAWLINS. I do not know that there areanysuch other California, who held that .a gambler was a laborer. He held persons, but I ask the gentleman again1 is it not true that this is that nobody was exempted except the classes mentioned in the rather in the nature of a privilege accorded to the foreigner treaty, to-wit, teachers, students, merchants, and travelers for than a right, and, as a privilege, is it not to be accorded upon pleasure. such terms and conditions as the United States may prescribe? Mr. COX. Will myfriendyieldfora moment? Suppose there Mr. McCREARY of Kentucky. I ~ave already said, .Mr. is a Chinese child 10 years old in this country. Ten years from Spe a. ~er, that I am not objecting to the existing requirements to-day he will be a laborer. Now, what do you do with that of the Geary act. I voted for that act; but I am objecting to the child? We ought to understand this. additional burdens th.

The Secretary of the Treasury, on May 24, 1893, in his circular Mr. CANNON of illinois. I would like, with the permission letter to the collectors of revenue, before whom Chinese laborers of the gentleman from Kentucky, to ask the gentleman from were required to go in order to obtain certificates of residence, California a question, as I desire to understand the matter. Do said: [understand that they were remanded, or that they were fresh Inviting your attention to the first, second, third, fourth, and fifth se?tions a-rrivals, and deported because they had not registered-did not of the act approved May 5, 1892, entitled "An act to J?rohibit the commg of Chinese persons into the United States," which contmued in force the pro­ reside here. . visions of the previous acts prohibitin~ thfl coming into this country of Mr. MAGUIRE. I understand thatno Chinaman has yet been Chinese laborers, and provide for the tnal, imprisonment, and deportation deported for having refused to register. of such persons who under said laws· are found to be not lawfully entitled to remain in the United States, you are directed to use all the means under Mr. GEARY. Except one. your control to vigorously enforce said provisions of law and. to take such Mr. MAGUIRE. One I am told. measures as may be necessary to secure the arrest and. prosecution of Mr. BOWERS of California. Will the gentleman allow me to Chinese laborers who are unable to show that they have obtained lawful ad­ mission into the United States. ask him one other question just here? I want to get at the facts. It is this: The law has been declared constitutional. Now, can Mr. BOWERS of California. Will the gentleman yield for a all these Chinamen go to the Supreme Court and carry their question? cases there under an appeal. I would like to ask why, if the law Mr. McCREARY of Kentucky. I will. is settled, they can not go on and deport them to the extent of Mr. BOWERS of California. Could not the Administrati.on, this other $25,000? if it bad $25,000 on hand, have expended that sum by deportmg Mr. McCREARY of Kentucky. I have already answered that about :five or six sailing shiploads anyhow? _ question. If the House of Representatives desire that 85,000 Mr. McCREARY of Kentucky. I am glad my friend from Chinese persona shall be driven out of this country and not al­ California has asked me that question. It gives me an oppor­ lowed to register and prove their residence, then all they have tunity to answer a question that has been asked before, and to do is to refuse to extend the time six months and appropriate which has caused some criticism. $7,000,000 to pay the expense. The gentleman from California asks me why, as the Govern­ Mr. OUTHWAITE. Will the gentlemanallowme to askhim ment had $25,000 on hand for the purpose, it did not use that a question? ' amount as far as it wctuld go, for deportingafew of the Chinese. Mr. HERMANN. Will the gentleman allow me to ask him a The Revised Statutes of the United States provide: question? In answering the gentleman from California in regard SEC. 763. From the final decision of any court, justice, or judge inferior to the circuit court, upon an application for a writ of habeas corpus or upon to the arrest and deportation of Chinese, it cerbinly occurs to me such writ when issued, an appeal may be taken to the circuit court for the that the gentleman is in error in regard to his statement that these district in which the cause is heard. . Chinese were residents of this country upon the 6thday of May, 1. In the case of any person alleged to.be restrained of his liberty in VIO­ lation or the Constitution, or of any law or treaty of the United States. 1893 , when the limitation took effect. I hold in my hand a copy 2. In the case of any prisoner who, being a subject or cit~zen of a foreign of a letter to the United States district attorney-- state and domiciled therein, is committed or confined, or m custody by or Mr. McCREARY of Kentucky. I did not say that they were under the authority or law of the United States, or of any State, or process residents. founded thereon, for o1· on account of any act ~one or omitted under any al­ leged right title, authority, privilege, protectiOn, or exemption, set up or Mr. HERMANN. Then, bearing upon that question, I hold claimed under the commission, order, or sanction of any foreign sta~ or in my hand a communi?ati.on from the Attorney~General of t~e sovereignty, the validity and effect whereot depend upon the law ot nat10ns, or under color thereof. United States to the d1str10t attorney of the Umted States d1s· SEc. 764. From the final decision ot such circuit court an appeal may be trict court for the southern district of California. taken to the Supreme Court 1n the cases described in the last clause of the preceding section. To UNITED STATES ATTORNEY DENNIS, Pending the proceedings or appeal in the cases mentioned in · the preced­ Lo1 .Ange&es, Cal.: ing sections, and until final judgment therein, aD:d after final judgment of I am advised by the Secretary of the Treasury that there are no funds to discharge any proceeding against the person so lillprisoned or confined or execute the Geary law, so far as the same provides for the deportation of restrained of his liberty, in any State court, or by or under the authority ot Chinamen who have not procured certificates of residence. On that state any State, for any matter so heard and determined, or in process of being · of facts the circuit court of the United States for the southern district of heard and determined, under such writ of habeas corpus, shall be deemed New York, made the following order: " Ordered that--be, and he here by null and void. is discharged from the custody of the marshal, and ordered to be deported In: pursuance of these sections to which I have referred the Su­ from the United States whenever provision for such deportation shall be made by the proper authorities." Ask the court to make similar ~rder 1n preme Court of the United States, in rule 34, says: like cases. · Pending an appeal from the final decision of any court or judge declining OLNEY, Attorney-General. to grant the wrlt of habeas corpus, the custody of the prisoner shall not be disturbed. Mr. McCREARY of Kentucky. Who is that from? Chinese laborers who were arrested and tried have taken ap­ Mr. HERMANN. It is from Attorney-General Olney. peals, and, under the rule, pending the appeal the custody can That explains the reason why no deportations have been made not be disturbed. from the United States to-day. Mr. BOWERS of California. Will the gentleman permit me Mr. McCREARY of Kentucky. That, Mr. Speaker, is ex­ to ask him another question? I want to get information. I am actly what I have been trying to show; that we have but $25,000 not a lawyer. After the six months provided for in this bill have to carry out the act, which will costz.. if we carry it out according expired, if the time is extended six months, will we noli meet the to the estimate sent to the House, $·1 ,000,000. same condition then? There can be but one understanding of Mr. HERMANN. Why not, if it is your intention to execute your proposition, which is substantiap.Y: that it will be just as the act, expend the money that has been appropriated to the ex· impossible then to enforce the law as 1t 1s to-day_, and that you tent the money will go? can not get85,000cases through the Supreme Court of the United Mr. McCREARY of Kentucky. There has been one case of States in eighty-five years. Is not that the fact? deportation under the a-ct, as stated by the gentleman from Cal­ Mr. McCREARY of Kentucky. No, sir. ifornia [Mr. GEARY], and there have been one hundred and :fifty· Mr. BOWERS of California. Is not that what you are get­ two, as I showed a while ago, deported in the last fiscal year, tinCT at? ... m any of whom were apprehended just after crossing the boundary Mr. McCREARY of Kentucky. No! sir. I assert this: That line from Canada. if six months additional time are allowed in which to register, I have already spoken longer thi\n I intended. It is very im.r most, if not all, of the Chinese persons who have failed to reg­ portant that there should be speedy legislation on the subjects ister will do as the 13,000 have done who have registered. They referred to in this bill. Eighty-five thousand Chinese persons ;vill go and register, the Supreme Court of the United States are anxiously awaiting the action of Congress to a.scertain their having held that the act is constitutional. If perchance any of fate, and hundreds of American missionaries, teachers, and them should take their cases to the Supreme Court of the United travelers in China are greatly agitated, and in somepla.ces trem­ States and the court again holds the act constitutional, that bling witll fear onaccount of the contentions and serious prob­ would be the end of it, and they will be deported. Does the lems growing out of the enforcement of existing laws against gentleman from California [Mr_ BOWERS] know how many Chi­ Chinese. The passage of the pending bill will give the proper nese persons have b~en deported in the last year? I ask that relief and help to make effective the "act to prohibit the com· question of the gentleman. ing of Chinese persons into the United States." [Applause.] Mr. BOWERS of California. I do not know. Mr. GEARY was recognized. Mr. McCREARY of Kentucky. One hundred and fifty-two Mr. DINSMORE. Mr. Chairman, I understand that the gen· Chinese persons have been deported from the United States in tleman from California desires to occupy more than the usual the last year. allowance of time, and I therefore ask unanimous consent now ~1r. MAGUIRE. They were remanded for coming in in viola­ that he be allowed to proceed to the conclusion of his remarks. tion of the Scott exclusion act. There was no objection, and it was so ordered. Mr. McCREARY of Kentucky. They were tried, convicted, and sent out of the country. [Mr. GEARY withholdi his remarks for revision. See Ap­ Mr. MAGUIRE. Yes. pendix.] 2426 CONGRESSIONAL RECORD-HOUSE. OCTOBER 11,

LEAVE OF ABSENCE. Also, a bill (H. R. 3873)placing spool thread·of cotton on the free By unanimous consent,leave of absence was granted as follows: list-to the Committee on Ways and Means. To Mr. COCKRAN, indefinitely, on aecount of sickness. By Mr. CUMMINGS: A joint resolution (H. Res. 73) author­ 'To Mr. SPERRY, for one week, on account of important busi­ izing and instructing the Secretaries of the various Departments ness. of the Government of the United States to afford aU necessary To Mr. FELLOWS, indefinitely, on account of"sickness. aEsistance to secure proper r epresentation of the United States at the Antwerp International Exposition-to the Committee on LEAVE TO WITHDRAW PAPERS. Foreign A !fairs. By unanimous consent, on motion of Mr. HOOKER of New York, By Mr. HUNTER: A joint resolution (H. Res. 74) that the Con­ leave was gra nted to withdraw the papers in the case of J . .M:. gress take a recess from Saturday, the 14th da.y of October, 1893, Andrews from the files of the House. till noon on Wednesday, the 1st day of November, 181}3-to the And then, on motion of Mr. McCREARY of Kentucky (at 4 Committee on Rules. o'clock and 58 minutes p.m.), the House adjourned until to-mor­ By Mr. SPRINGER: A r esolution calling upon the Secretary row, October 12, 1893, at 12 o'clock noon. of the Treasury for informa tion regarding the suspending of banks with certain other information -to the Committee on Bank­ ing and Currency. REPORTS OF COMMITTEES ON PRIVATE BILLS. Under clause 2 of Rule XIII, private bills and resolutions were severally reported from committees, delivered to the Clerk, and PRIVATE BILLS, ETC. referred to the Committee of the Whole House, as follows: Under clause 1 of Rule XXII, private and river and harbor bills By Mr. SNODGRASS, from the Committee on Pensions: A of the following titles were presented and referred as follows: bill (H. R. 3318) granting a pension to Mrs. Fannie M. Norman. By Mr. ARNOLD: A bill (H. R. 3826) for the relief of R. W. (Report No. 95.) Barber-to the Committee on Invalid Pensions. By Mr. BUNN, from the Committee on Claims: A bill (H. R. Altm (by request), a bill (H. R. 3827 ) granting a pension to An­ 529) for the relief of W. J. Tapp & Co. (Report No. 99.) drew Litzelfelner, of Pocahontas, Mo.-to the Committee on In­ Also, a bill (H. .R. 526) for the relief of Joseph Haxthausen. valid Pensions. (Report No. 100.) By Mr. BROOKSHIRE: A bill (H.R.3828)grantingapension to Albert G. Collier-to the Committee on Invalid Pensions. CHANGE OF REFERENCE~ Also,abill (H. R. 3829) granting an increase of -pE:'nsion toClif­ ford W. Ross-to the Committe a on Invalid Pensions. Under clause '2 of Rule XXII, committees were discha1·ged from Also, a bill {H. R. 3830) increasing the pension of Nancy Ann the consideration Qf the following bills; which were referred as Green, a Revolutionary pensioner-to the Committee on Pen­ follows: sions. A bill (H. R. 3701) for repayment of purchase money to E. C. Also, a bill (H. R. 3831) for the relief of Mary A. Bridwell­ Masten on erroneous entry of public _lands-the Committee on to the Committee on Military Affairs. the Public Lands discharged, and referred to the Committee Also, a bill (H. R. 3832) to correct the military record of Eli­ on Claims. jah Watts-to the Committee on Military Affairs. A bill (H. R. 506) for the relief of James B. McEihose-the Also, a bill (H. R. 3833) granting a pension to Candes Bailey­ Committee on Claims discharged, and referred to the Committee to the Committee on Invalid Pensions. on War Claims . . Also, a bill (H. R. 3834) to correct the military record of Enols A bill (H. R . 2899)forthe relief of the firm of Bertrand & Scull, Loyd-to the Committee on Military Affairs. late of Arkansas-the Committee on Claims discharged, and re­ Also, a bill (H. R. 3835) to correct the military record of James ferred to the Committee on War Claims. M. Blankenship alias Charles M. Smith-to the Committee on A bill (H. R. 2893) for the relief of the estate of J. H. Moseby­ Military Affairs. the Committee on Claims discharged, and referred to the Com­ Also, a bill (H. R. 3836) to pension Abraham Lane-to the Com­ mittee on War Claims. mittee on Invalid Pensions. A bill (H. R. 281)8) for the relief of the estate of James Scull, Also, a bill (H. R.3837) granting a pension to Amanda E. Poe­ late of At·kansas-the Committee on Claims discharged, andre­ to the Committee on Invalid Pensi..ons. ferred to the Committee on War Claims. Also, a .bill (H. R.38J8) for the relief of John Schierling, ad­ ministrator de bO'Tlis non of the estate of Gallus Kerchner, de­ PUBLIC BILLS AND RESOLUTIONS. cea£ed-to the Committee on Claims. Also, a bill (H. R. 3839) granting a pension to Sarah A. Con- Under clause 3 of Rule XXII, bills and resolutions of the fol­ over-to the Committee on Invalid Pensions. . lowing titles were introduced and severally referred as follows: Also, a bill (H. R. 3840) to pension Joel A. Walters-to the By Mr. ALDERSON: A bill (H. R. 3820) to amend section 5528 Committee on Invalid Pensions. of the Revised Statutes of the United States-to the Committee Also, a bill (H. R. 3841) granting pension to Ella Wolsey-to on Election of President, Vice-President, and Representatives the Committee on Invalid Pensions. in Congress. Also, a bill (H. R. 3842) appropriating money for the payme nt By Mr. SWEET: A bill (H. R. 3821) to provide for the purchase of the claim of the Warren ScharfAs-phaltPaving Company, of of a site and the erection of a public building thereon at Boise New York,forgradingand pavingwithasphslt, of North Seventh City, in the S tate of Idaho-to the Committee on Public Build­ street, opposite the United States post-office, in the city of Terre ings and Grounds. Haute, Ind.-to the Committee on Claims. By Mr. BAKER of New Hampshire: ~bill (H. R. 3822) for Also, a bill (H. R. 3843) granting a pension to Nancy A. Pitt­ the relief of sundry citizens of the District of Columbia-to the roan-to the Committee on Invalid Pensions. Committee on the District of Columbia. Also, a bill (H. R. 3844) granting a pension to Woodson D. By Mr. McMILLIN (by request): A bill (H. R. 3823) to amend Angel-to the Committee on Invalid Pensions. sections3433, 3433a, 3433o, and :M34, internal-revenue laws-to the A lso, a bill (H. R. 3845) to correct the military record of George Committee on Ways and Means. · Brown-to the Committee on Military Affairs. By Mr. MUTCHLER: A bill(H. R. 3824)makinganappropria­ Also, a bill (H. R. 3846) granting a pension to JamesL. Carty­ tion for the immediate ei'€ction of suit!tble buildings for t he ac­ to the Committee on Pensions. commodation of the Government Printing Office, declaring an Also, a bill(H. R. 3847) for the relief of James Staggs-to the emer gency therefor, and providing for the acquirement by con­ Committee on Military Affairs. demn'ttion of title to site for same-to the Committee on Public By Mr. BARTHOLDT: A bill (H. R. 3 -!8} for the relief of Buildings and Grounds. Samuel E. Sneed-to the Committee on Claims. By :Mr. BRAWLEY: A bm (H. R. 3825) to suspend the opera­ By Mr. BANKHEAD: A bill (H. R. 3849) for the relief of the tion of the laws imposing a tax of 10 per cent upon notes issued estate of John R. Carpenter, deceased, late of Greene County, during the period therein mentioned-to the Committee on Bank­ Ala.-to the Committee on War Claims. ing and Currency. By Mr. COX: A bill (H. R. 3850) for the relief of M.A. Buford­ By Mr. ELLil::i of KentuC"lky: A bill (H.R. 3811) to amend sec­ to the Committee on War Claims. tion 17, chapter 108, Statutes at L arge, approved May 28, 1880, By Mr. COBB of Missouri: A bill (H. R. 3851 j to authorize the entitled "An act to amend the laws in relation to internal rev­ Third Auditor of the Treasury to audit certain quartermaster's enue"-to the Committee on Ways and Means. vouchers belonging to John Finn, of St. Louis, Mo.-to the Com­ Also, a bill {H. R. 3872) to amend sections 4 and 5 of an act mittee on Claims. ap'Proved September 19, 1890, and for other purposes-to tl;J.e By Mr. EPES; A bill (H. R. 3852) for the relief of the estates of Committee on the Revision of the Laws. John Flower and Thomas B. Flower, deceased, late of Dinwiddie \ 1893. CONGRESSIONAL RECORD-HOUSE. 2427 and Prince George OountieB, Va.-to the Committee on War Also, petition of citizens oi the city of Ithaca, N.Y., for repeal Claims. of the Sherman act-to the Committee on Coinage, Weights, By l\ir. HARMER~ A bill(H. R . .3853Horthereliefof William and Measures. J. G'roggin-to the Committee on War Claims. By Mr. ROBINSON of PBnnsylvania: Petition of glass-bottle By Mr. KYLE: A bill {H. R. 3854) for the relief of John C. workers, urging that no further change be inade in the tli'iff B ailey,of Marshall County, Miss., for stores and Bupplies, as in­ schedule on manufactured glass bottles-to the Committee on vestigated and reported favorably by the Court of Claims under Ways and Me"11ls. the provisions of the act of March 3, 1883-to the Committee By Mr. SNODGRASS: Petition of M. A. Lewis, of Marion on War Claims. County, Tenn., praying for the refer.ence of his claim to the Also, a bill (H. R. 3855) for the relief of James Sims, of Mar­ Court oi Chims-to the Committee on War Claims. shall County, Miss.-to the Committee on War Cltims. By Mr. CHARLES W. STONE: Resolutions of the Pomona Also, a bill (H. R. 3856) for the relief o f John C. Bailey, admin­ Grange, of Warren County, Pa., in favor of the establishment of istrator of Andrew Nichols, d€ceased, late oi Marshall County, postal savings banks-to the Committee on the Post-Office and Miss., for stores and supplies, as investigated and reported Post-Hoads. favorably by the Court of Claims under the provisions o1 the act of March 3, 1883-to the Committee on War Claims. Also, a bill (H. R. 3857) for the relief of Henry C. Nichols, of . Marshall County, Miss., fo.rstores and suvplies, as investigated HOUSE OF REPRESENTATIVES. and reported favorably by the Court-of Claims under the provi­ THURSDAY, October 12, 1893. sions o1 the act of March 3, 1883-to the Committee on War Claims. · The House met at 12 o'clock noon, and was called to order by By Mr. RANDALL: A bill (H. R. 3858) to pension Mrs. Eliza the Speaker. B. Peirce, widow of Charles Peirce, ol New Bedford, Mass.-to Prayerby Rev. RUMSEY SMITHSON, of Washington, D. C. the Committee on Pensions. The Journal of the proceedings of yesterday was read and ap. By Mr. ROBINSON of Pennsylvania: A bill (H. R. 3859) for proved. the relief of Matthew Clark Reed, of Oxford, Pa.-to the Com­ LEAVE OF ABSENCE. mittee on War Claims. By unanimous consent, leave of absence was granted: By Mr. REILLY: A bill (H. R. 3860) for relief of estate of To Mr. MEREDITH, for five days, on account of important busi­ Holmes Sells-to the Committee on War Claims. ness. By Mr. SCHERMERHORN: A bill (H. R. 3861) for the relief STATUE OF PERE MARQUETTE. of Austin A. Yates-to the Committee on Claims. By Mr. TATE: A bill (H. R. 3862)granting a pension to John J. The SPEAKER laid before the House the following House Prewit-to tbe Committee on Invalid Pensions. resolution with a Senate amendment: By Mr. VAN VOORHIS of New York: A bill (H. R. 3863) for Joint resolution (H. Res. 14) authorizing .the State of Wisconsin to place the relief of J ohn Scott-to the Committee on Claims. in St-atuary Hall, in the C.a.pito.I, a. statue of Pere Marquette. By Mr. ELLIS of Kentucky: A bill(H. R. 3864)for the benefit of The Senate amendment was rea.d, as follows: · J.D. Rudd-tu the Commi.ttee on War Claims. In line 6, after "world," insert "the same to be received as one of t~e two statu-es furnished and provided by said State in accordance with the provi­ Also, a bill (H. R. 38o5) granting an increase of pension to John sions of section 1814 of the Revised Statutes of the United States." W. McClanahan-to the Committee on Invalid Pensions. Also, a bill (H. R. 3866) providing for completing the rebuild­ Mr. BRICKNER. I ask the House to concur in the Senate ing lock No ..2, at Rumsey,Ky.-totheCommitweonRivers and amendment. Harbors. Mr. DINGLEY. What is the amendment? Also, a bill (H. R. 3867) for the relief of John G. Bailey-to The SPEAKER. The Clerk will again report the amend- the Committee on War Claims. ment. Also, a bill (H. R. 3868) to remove the charge of desertion The amendment was again read. against William Turner-to thB Committee on Militar~ Affairs. Mr. DINGLEY. That is all right. Also, a bill (H. R. 3869) for the relief of Frank W. Clark-to The amendment was concurred in. the Committee on War Claims. LIBRARY PRIVILEGES. Also, a bill (H. R. 3870) for the relief of W. H. Jackson-to the Committee on War Claims. The Speaker laid before the House the following Senate joint resolution, which was referred to the Committee on the Library: Joint resolution (S. ~- 33) authorizing the Joint Committee on the Li­ PETITIONS ETC. brary to grant the privilege of using and drawing books from the librarv to the chief justice and associate justices of the court or appeals. · Under clause 1 of Rule XXIT, the following petitions and pa­ LAND IN SIOUX RESERVATION NEBR. pers were laid on the Clerk's desk and referred as follows: 1 By Mr. CANNON of Illinois: Memerial of Thomas K. Heath, Mr. MEIKLEJOHN. Mr. Speaker, the bill (H. R.1986) to on behalf of Danville (Ill.) Typographical Union, favoring the amend section 6 of the act. approved March 3, 1891, entitled construction of a new Government Printing Office by time work­ "An act to repeal timber-culture laws and for other purposes," to the Committee on Public Buildings and Grounds. which is reported unanimously by the Committee on the Public By Mr. HARTER: Petition of thB North Ohio Conference of Lands, is of special local interest to Nebraska. It provides that the Methodist Episcopal Church, for the repeal of the Geary certain provisions applying to the p 'Jrtion of the Sioux Reserva­ law-to the Committee on Foreign Affairs. -. tion in South Dakota shall also apply to that portion of the res­ By Mr. HOOKER of New York: Resolution of the Chautauqua ervation in,Nebraska. I ask unanimous conse:o.t for the present County Pomona Grange, opposing the t•epeal of the Sherman law consideration of that bill. unless some law be enacted which will prevent a decrease in the The SPEAKER. The gentleman will send it up,. and the circulating medium-to the Committee on Coinage, Weights, Clerk will report the bill, after which the Chair will ask ~f there and Measures. be objection to its consideration. ~ Also, resolution of the Chautauqua County Pom~:ma Grange, in The bill was read, as follows: opposition to the unconditional repeal of the Sherman act and to Be it enacted, etc. , That section 6 of an act approved March 3, 1891, entit'ed "An act to repeal timber-culture laws, and for other purposes," is hereby the demonetization of silver-to the Committee on Coinage, amended by adding in line 11, section 2301, after the words ';South Dakota," Weights, and Measures. "and in the State of Nebraska," so a.s to read: Also, petition of glass-bottle workers, urging that no further "And the provisions of this section sha.ll apply to lands on the ceded por· tion of the Sioux Reservation, by act approved March 2, 1889, in South Da­ change be made in the tariff schedule on manufactured glass bot­ kota and in the State o1' Nebraska, but shall not relieve said settlers from tles-to the Committee on Ways and Means. any payments now required by law." By M1·. HOUK of Tennessee: -Papers incase of James H. Bunn, SEc. 2. That all acts and parts of acts in conflict with this act are hereby for restoration, etc.-to the Committee on Military Affairs. repealed. By Mr. LUCAS: Petition of the Black Hills Mission Confer­ · The SPEAKER. Is there objection to the request of the gen­ ence of the Methodist Episcopal Church, for the repeal of the . tleman from Nebraska? Geary law-to the Committee on Foreign Affairs: Mr. BRETZ. Mr. Speaker, this isanimportantbill, andishall By Mr. RAY: Petition of citizens of the village of Windsor, have to object until I know something about it. Broome County, and of the village of Andes, N.Y., for repeal Mr. BURROWS. Let the report be re.id. of the Sherman law-to the Committee on Coinage, Weightsl Mr. MEIKLEJOHN. Will tb.e gentleman allow thB report to and Measures. be read, as that covers the statute'? Also, two petitions of merchants and citizens of Bingham­ Mr. BRETZ. Yes, sir; reserving the right to object. ton, N.Y., for the repeal of the Sherman law-to the Committee The SPEAKER. The report will be read subject totheright on Coinage, Weights, and MeasurBs. · of objection. -