1886. CONGRESSIONAL RECORD- SENATE. 7875
Neal, Rice, Spooner, Wade, were communicated .to the Honse by Mr. PRUDEN, one of his secre Neece, Riggs, Springer, Wa.rd,J.H. Negley, Rockwell, Stahlnecker, Ward,T.B. taries. Nelson, Romeis, Stephenson, Warner, William The message also announced the approval of an ad (H. R. 3379) O'Hara, Rowell, Stone, E. F. Wea.ver,A.J. granting-a pension to George G. Early; • O'Neill, Charles Ryan, Strait, Wea.ver,J.B. O'Ne ill, J. J. Sawyer, Struble, Weber, An act (H. R. 5051) to place the name of Jacob Madison Pruitt on Osborne, Scott., Swinburne, West, the pension-roll; . ·. . . P&rker, Scranton, Swope, White, A. C. An act (H. R. 7531) grantrng a pensiOn to Catharme N1cke1·~; and Payne , Seney, Symes, Whitin Perkins, Sessions, · Tarsney, w~.· An a-ct (H. R. 8328) defining butter, also .imP_Osing a tax npo~ and Peters, Sey=our, Taulbee, Wilson, regulating the manufacture, sale, and importation and exportation of Pidcock, Shaw, Taylor, Zach. Wolford, oleomargarine. Pirce, Skinner, Tho=as, 0. B. Woodburn, Price, Smalls, Thompson, Worthington. MESSAGE FROM THE SENATE. Randall,· Snyder, Townshend, .A. message from. the Senate, by Mr. SYMPSON, one of its clerks, an· Reed,T.B. Sowden, Viele, nounced that the Senate receded from its disagreement to the amend NAYs-51. ment of the House to the bill (S. 2609) granting a pension to Emily J. .All~n. J . .M. Cox, · Hemphill, 0 1Ferrall, Ballentine, Crisp, Hende:rson, J. S. Perry, Stannard, and agree to the same. Barnes, Culberson, Herbert, . Also, that the Senate had passed without amendment bills of the Barry, Daniel, Hutton, ~f'w. Honse of the following titles: Bennett, Dargan, Irion, Richardson, Blanchard, Davidson, A. C. Johnston, T.D. Sayers, A bill (H. R. 822) for the relief of Wil~iam R: Wheeler; and . Bland, Dibble, Jones,J.H. Stewart, Charles . A bill (H. R. 8585) to provide for the lllSpect~on of tobacco, c1gars, Blount, Dunn, Jones,J.T. St. Martin, and snutf, and to repeal section 3151 of t~e ReviSed Statn~es. . . Breckiru·idge, C. R. Ellsberry, Laffoon, Cabell, Forney, Lanham, ~s!ii:aton, Also, that the Senate had passed ~ bill of ~he followi.Dg tttle; m Caldwell, Glass, Mcl\fillin, Warner,A.J. which the concurrence of the Honse was requested: Olell1ents, Green, W.J. McRae,. Wise. A bill (S. 2611) to authorize the construction of a bridge across the Cowles, Halsell, Oates, Saint Louis River at the most accessible point between the States of NOT VOTING--105. Minnesota and Wisconsin. · Adams, G. E. Davenp01·t, Le Fevre, . Spriggs, Adams, J. J. Davidson, R. H.l\1. Libbey, Steele, · The message furt.ber announced that the Senate h~d p~ed :with Aiken, · Dawson, Mark.hnm, Stewart,J. W. amendments the bill (H. R. 4883) relating to the taxatio~ of fractional Allen, C. H. Dorsey, Martin, Stone, W . .r., :J{y. parts of a gallon of distilled spirits, asked a confer.ence with the Honse Ande1·son, C.l\I. Dougherty, McComas, Stone, W. J., Mo. Anderson, J. A. Dunham, McKinley, Storm, on the disagreeing votes thereon, and had appomted Mr. ALDRICH, Arnot, Findlay, Miller, Taylor, E. B. Mr. JoNES of Nevada, and 1\Ir. HARRIS as managers at the confer Atkinson, Foran, 1\Iills, Taylor,LH. ence on the part of the Senate. Barbour, Gallinger, Mitchell, Taylor, J. M. Barksdale, Geddes, 1\forgan, Thomas,J.R. ORDER OF BlJSINESS. Beach, Gibson, Eustace , Morrill, Throckmorton, Belmont, Glover, Norwood, Tillman, [CrieS of "Regular order!"] Bragg, Goff, O'Donnell, Tucker, The SPEAKER. If there be no objection the message from the Brown, C. E. Green, R. S. Outhwaite, Turner President of the United States accompanying the approval of the Browne, T. M. GroSTenor, Owen, Van Schaick, Brumm, Grout, Payson, Wadsworth, bill- Buchanan, Hammond, Peel, Wait, Mr. MORRISON. Regular order. Burleigh, Hanback, Pettibone, Wakefield, 5 o~clock 5 Burnes, Harris, Phelps, Wallace, And then (the hour of and minutes p.m. having arrived) Candler, Hayden, Pindar, Wellborn, the Honse adjourned. · Caswell, Haynes, Plumb, Wheeler. · Clardy, Henderson,D.B. Ranney, White, 1\filo PETITIONS, ETC. Cobb, , Henley, Reese, Willis, Comstock, Hewit~ Robertson, Winans. The following petitions and papers were laid on the Clerk's desk, Cooper, Hires, Rogers, under the rule, and referred as 1ollows: Croxton, Houk, Sadler, Cutcheon, Howard, Singleton, By Mr. BYNUM: Petition ofW. ~-Ford and o~er cit~ens, fora pen So ( two-thinls voting in favor thereof) the ;motion t-o suspend the rules sion to Tilman Bush-to the Committee on Invalid Pens10ns. By Mr. CATCHINGS: Petitio~ ~f 9<>l~mb~s Love and.of James. D. and pass the bill was agreed to~ On motion of Mr. EDEN, by unanimous consent the reading of the McAllister of Monroe County, MlSSl.SSlppt, asking that theu war clam1s names was dispensed with. be referred to the Court of Claims-to the Committee on War Claims. The following additional pairs were announced: By Mr. DORSEY: Petition of ci?-zens of Neb;aska, praying fo~ the Mr. CLARDY with 1\Ir. OWEN, until further notice. passage ofthe bill to open up the Sioux reservatiOn-to theCommtttee Mr. HARRIS with Mr. WAIT, for the rest of the day. on Indian Affairs. Mr. STONE, of Missomi, with Mr. ANDERSON, of Kansas, for the rest By Mr. ER.MENTROUT: ~Iemorial of Messra. Sullivan & Bro., of of the day. Philadelphia, for the redemption of the trade-dollar-to the Committee 1\ir. BALLENTINE with Mr. WAKEFIELD, for the rest of the day. on Coinage, Weights, and Measures. Mr. WHITE, of :M.innesota, witlt Mr. MARTIN, on this vote. By Mr. HA.IUiER: Papers relating to the bill for the relief of W. The result of the vote was then announced as above recorded. H. Clay Fisher, United _States Marine Corps-to the Committee on Mr. BURROWS. Mr. Speaker, I am paired with my colleague, Mr. Claims. CoMSTOCK. On examining the pair I find it applies to political _ques By Mr. M.A. YBURY: Petition of Fairbanks Post, ~rand .Army ~f the tions. This is not regarded as a political question, and I would like to Republic of Detroit Mich., for the pa....t;sage of the bill for the relief of · vote. I have no doubt that my colleague if present would vote '' ay," Mrs. Co~elia R. Schenck notwithstanding the objections of the Presi and under the <: i.rcumstances I shall record my vote in favor of the bill. dent-to the Committee on Invalid Pensions. Mr. CAl\IPB ELL, of Ohio. I wish to ask, Mr. Speaker, if I am an- By Mr. PERRY: Petition of C. M. Fnrruan and others, for relief to the Committee on the Judiciary. nounced as paired? . . By 1\Ir. SNYDER: Petition of C. D. Fitzwater and others, of Nicho The SPEAKER. The Chair is informed that the gentleman IS purred for the day. · las County, West Virginia, in relation to the coinage of silver-to the Mr. CAMPBELL, of Ohio. If I were not paired, I should vote" ay" Committee on Coinage, Weights, and Measures. · on this question. Can I transfer my pair to the gentleman from West By Mr. TUCKER: Petition of citizens ofGoorgia, for relief in respect Virginia? to the Freedman's Bureau, &c.-to the Committee on the Judiciary. The SPEAKER. The Chair thinks the gentleman could do so if he By Mr. WEST: Protest of Luther M. Wheeler, Post _No. 92,_ G~nd saw proper. Army of the Republic, and veterans of the late war, aga1nst leg1S~at1on to 1\fr. WILSO~ . The gentleman from Ohio is paired with my col attaching pension bills propositions for raising re\enue-to the Com- league, Mr. GoFF. I am satisfied that if Ur. GoFF were present he mittee on Invalid P~nsions. · would vote in the affirmative on this motion. The SPEAKER. The Chair has no doubt the gentleman from West VIrginia would so record his vote. SENATE. Mr. CAMPBELL, qf Obio. Believing that to be true, I shall also record my vote in the affirmative. TUESD.A.Y, ..August 3, 1886. 1\.II. ATKINSO:N. Mr. Speaker, it is possible that I may be inter The Senate met at 10 o'clock a.m. . ested in this bill, and I ask leave to withdraw my vote. [Clies of . Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. " Regular order !"] The Secretary proceeded to read the Journal of yeste~day ' s proceed The SPEAKER. Is there objection to permitting the gentleman ings, when, on motion of l'IIr. EDMUNDS, and by unammous consent, from Pennsylvania to withdraw his vote? the further reading was dispensed with. There was no objection, and the vote was withdrawn. DEFICIENCY APPROPRIATION DILL. MESSAGE FROM THE PRESIDENT. Mr. HALE. I present the report of the conference committee on the Several me~ges ~writing from the President of the United Sta~s deficiency appropriation bill. - -· --- ', I
7"876 CONGRESSIONAL RECORD-SENA'l'E. · AUGUST 3;
The PRESIDENT pro tempore. The report will be read. year, and in a few cases of years preceding last year. .All of the e are The Chief Clerk read-as follows: ' sent in by regular estimates from the Departments, which are found in The committee of conference on the disagreeing votes or the two Houses on the various documents referred to in the bill. I! the amendments of the Senate to the bill (H. R. 9726) making appl'Opriations to When the bill reached the Senate and the Committee on Appropria supply deficiencies in the appropriations for the fiscal year endin;; June 30, tions proceeded to consider it, the committee found that in these regu 1886, and prior years, and for other purposes, having met, after full and free conference have agreed to recommend and do 1·ecommend to their respective lar estimates in several cases the llouse had put a portion into .the-bill llouses as follows: . and excluded other portions. That obliged the Senate committee to of That the Senate recede from its amendments numbered 4, 7, 17, 18, 22, 23, 24, 28, course consider everyitem-theitems put in bythe Honse to see what 36, 43, 44, ~3. 58, 59, 63, 64, 65, 66, 70, 71, 85, 100, 107, 112, 114, 115, 116, 119, and 120. Tlmt the House recede from its disagreement to the amendments of the Sen the foundation might be for them, and also the items rejected; and ate numbered 3; 5, 10, 11, 12, 13, I4, 15, 16,21,25, 26, 27,31,33,34, 35, 4.9,50,51,52,54,55, whenever the committee found that regular estimates from the heads 56, 57, 60, 61, 69, 92, 93, 99,109, Ill, and 113. _ of Departments were properly sustained by the accounting officers, in. Amendment numbered 20: Tlmt the House recede from its disagreement to the amendment of the Senate numbered 20, and agree to the same with au cases where they had been submitted to those accounting officers, the amendment as follows: In lieu of the sum proposed in the amended paragraph Senate committee added those to the bill as passed by the Honse, and I insert "$200,000; " and the Senate agree to the same. . think in every case the Senate adopted the action of its committee. Amendment numbered30: That the House recede from its disagreement to the amendment of the Senate numbered 30, and agree to the same with an When we came into conference, further examination and personal amendment as follows: At the end of the matter proposed t-o be insert-ed in-. communication with the conferees disclosed the fact that in certain sert the following: "and tho snm of ~25,000 additional is hereby appropriated claims which bad been sent down from the different Departments and 'for said purpose;" and the Senate agree to the same. Amendment numbered 32: That the House recede from its disagreement to which bad passed through the hands of the accounting officers of the the amendment of the Senate numbered 32, and agree to the same with an amend Treasury there were still objections, there were old claims, stal~ claims, ment as follows: In lieu of the matter proposed to be inserted insert the follow-· and war claims, around which some don bt was thrown from the very fact ing: "the board of engineers for fortificatioRs and for river and barbor.improve ments whether any changes are demanded for reasons of safety or economy in of their age. · The Senate .conferees found that t.he Honse conferees had the method of lining s::Ud tunnel heretofore adopt-ed and pursued, and whether examined into those and in some cases had detected what appeared to any changes are required in the method of lining and perfecting the reservoir: be defects in substance; and in those cases the bill as now reported ·un Prouided, That said board shall make full report thereon, and pending sucQ. ex amination the work shall proceed upon such parts thereof as the Secretary of der this report provides for a further examination by the accounting 'Var shall direct;" and the Senate agree to the same. officers of the Treasury, a reopening, and directs the Secretary of the Amendment numbered 46: That the House recede from its disagTeement to · Treasury to have the claims which are in dispute, and upon which the the amendment of the Senate numbered 46, and agree t-o the same with an amendment, as follows : In lieu of the matter proposed to be inserted, insert the conferees of the Senate found their associates of the Honse very firm, following: •· For completing coaling-shed and nav~l storehouse at Port Royal fully .examined and reported to the next session of Congress with the lln..rbor, So nth Carolina, $1,000; " aud the Senate agree to the same. reasons, if they are certified as allowed, for such certification and al Amendment numbered 62: That the House recede from its disagreement to the amendment of the Senate numbered 62, and agree tQ the same with an lowance. amendment as follows: In lieu of the matter proposed to be inserted by said 1\Ir. EDMUNDS. All those the Honse put in are left? amendment, insert the following: "The Postmaster-General is hereby directed 1\Ir. HALE. N'o; in this examination that the committE-e were led tQ examine the claim of the United States and Bmzill\fail Steamship Company for carrying the United States mails during the fiscal year ended June 30,1886, to make they also discovered that the Honse had put in of this same I and t-o report to Congress at its next session the amount of service so rendered, kind and nature of claims, and in making up the direction to the Sec and what sum!! in justice and equity be believed should be paid to said company retary of the Treasury the items put in by either Honse of this kind for said sernce; '' and the Senate agree to the same. - , Amendment numbered 67: That the House recede from its disagreement to the subject to dispute and raising naturally in careful minds questions are amendment of the Senate numbered 67, and agree to the same with an amend all comprehended there. ment as follows: Strike out the amended paragraph; and the Senate agree to Mr. EDMUNDS. Not to be paid until December? the same. Amendment numbered 98: That the House recede from its disagreement to the Mr. HALE. In fact they go O\er for future examination under the II amendment oftbe Senat-e numbered 98, and agree to the same with an amend direction of Congress . . It will put the accounting officers more upon mentas follows: SI:Fike out, after the name" William IU. Olin,"theword "as," their guard and will make them, as it should, very careful. nnd insert in lieu thereof the following: "The difference between the amount of compensation received by him as an employe of the Government and the The Committee on Appropriations finds every time that it considers salary of;" a.nd the Senate agree to the same. a deficiency appropriation bill that the accounting officers of the Treas kmendments numbered 102,103,104,105, and 106: That the House recede from ury Department have a great burden resting upon them in auditing and its di agreement to the amendments of the Senate numbered 102, 103, 104, 105, and 106, and agree to the- same with an amendment as follows: Strike out the deciding upon these accounts. They are very numerous. and it would amended paragraph; and the Senate agree to the same. be a strange thing if they did not sometimes make mistakes. Amendment numbered 108: That the Senate recede from its disagt·eement t-o That is the way that the bill has been left. ,, the amendment of the House to the amendment of the Senate numbered 108, and agree to the same. :M:r. SEWELL. May I inquire of the Senator from Maine if the ac 1: Amendment numbered 110: That the House recede from its disagreement to counts for sites of public buildings are included in those of which he the amendment of the Senate numbered 110, and agree to the same with an speaks? · · f:: amendment as follows: Restore the matter stricken out, and in lieu of the mat ter proposed to be inserted insert the following: "And the Secretazy of the .M:r. HALE. No; I am referring now more to those accounts in the Treasury is hereby directed to cause t.he proper accounting officers of the Treas nature of transportation accounts in the different Departments. ury to re-examinesaidexceptedclaims and to cause the said accounting officers Mr. SEWELL. Are they not adjudicated accounts? I ~ to re-examine the same and to certify anew the sums due and tQ whom due, li respectively by name, as non-resident aliens entitled to refunding of taxes col Mr. HALE. Y-es. lected prior to July 1, 1883; " and the Senate agree to the same. Mr. SEWELL. Then why are they not allowed? Amendment numbered 117: That the House recede from its disagreement to Mr. HALE. Because, as I have just stated (the SenA."tor probably the amendment of the Senate numbered 117, and agree to the same with an ,,, amendment as follows: Restore the matter stricken out, and in lieu of the mat was not in), there are certain claims which the Senate co!Uerees found r·· ter proposed to be inserted insert the following: "And the Secretary of the the House conferees had examined into and got all the papers cpon, and Treasury is hereby directed to cause the proper accounting officers of the Treas they presented the facts and conditions of the case in such a way as to li ury to re-examine said excepted claims and to cause the said accounting offi I'• cers tQ re-examine the same and to certify anew the sums due and to whom put the Senate conferees upon their guard. uue, respectively by name, as non-resident aliens entitled to refunding or taxes Mr. SEWELL. Were the conditions different from j;hose presented collected prior to July 1, 1883 ; " and the Senate agree to the same. by the accounting officers of the Government? Amendment numbered 118: Tbatthe Honse recede from its disagreement to the amendment of the Senate numbered 118, and agree t-o the same with an lli. HALE. The papers themselves convinced the committee that 1,' amendment as follows: In lieu of the matter stricken out and proposed tQ be the accounts ought not to have been passed; or at any rate they raised '·' inserted insert the following: "Except the claims numbered 4.317, 5245, and 1308 such a doubt that we did not venture to appropriate for them. There enumerated therein, 548,655.81. And the Secretary of the Treasury is hereby are some cases which, if the Senator himself would e~amine, he would directed to cause the proper accoun~ing officers of the Treasury to re-examine said excepted claims and also claim numbered 1212, as certified in said execu not want to take the responsibility of passing without further exami tive dO
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1886. CONGRESSIONAL RECORD-SENATE. 787_7
· priation ca"Q. 1)e·made directly to them rather than to the railroad com ferees before now, and he has as good an opportunity as I have of judg· panies as trustees for them. ing which ha.s the most backbone. -~ Mr. EDMUNDS. That is a. good point. Mr. HOAR. Every Senator seems to be entitled to have a. lick at Mr. CALL. I will ask the Senator from Maine if there were not the Senator from Maine, and I should like to have mine. · among the papers unquestionable evidence of who were the owners of Mr. HALE. As the Senator was not in when the very careful and this money, and a power of attorney from them to entirely responsible illuminating report was read from the desk,. I yield very willingly to and respectable persons to collect it. him. Mr. HALE. Only for a portion. Mr. HOAR. r merely wanted to ask my honorable friend ·from Mr. CALL. That portion was left unprovided for with the others, Maine (I do not know but the report covers it, but if it does I will ask .l understand? him to repeat it for my information) what is the tendency of late years Mr. HALE. With all the others. in regard to these deficiency bills, whether they are increasing in pro Mr. EDMUNDS. Is there any legislation in this bill? portion to the general appropriation bills, and whether there has been Mr. HALE. I think not. · any such increase growing out of a struggle in any quarter to make the Mr. MANDERSON. Mr. President--- general appropriation bills show a greater economy than really belongs The PRESIDENT p1·o tempore. Does'the Senator from Maine yield? to them? I do not know but that that has been dealt with in the. re Mr. HALE. Certainly. port by the Senator. Mr. MANDERSON. Simply for a question. I find it so difficult to Mr. HALE. The committee find that the Departments of the Gov keep track of the changes made in conference by the numbers men ernment are just as earnest and just as strenuous lor supplemental ap tioned in the report that I desire to ask one or two questions. FirSt, propriations to eke out their supplies ns they ever were. We do not in reference to an amendment placed upon the deficiency bill by the find-and this deficiency bill settles that-that the Departments of the Senate proposing to ~ay a certain amount of money for paving in front Govemment as administered at present can get along with any less of the public buildillg at Saint Louis. I ask what disposition was sum than their predecessors, as they were formerly administered. made by t}le conference committee of that item?. Mr.-HOAR. Imeanttoputmyquestiontocall outthispoint: !have Mr. HALE. Those paving matters were- the subject of a. great seen, and of coUISe every Senator, by the assignment of committee deal of controversy, the House conferees declaring that until a general work that he has, has occasion to know something about the method of policy had been fixed by law the Government should pave the streets dealing with this matter of public expenditure on the Appropriations opposite their own buildings, and we finally agreed upon propositions Committees of the two branches; and it seems to me that I have seen which involve the making of sidewalks opposite the Government build evidence that bills come up here from the House intended to make a great ing!', providing for those in a few cases; but the paving of the streets show of economy by omitting items which the necessities of the public upon the insistance of the House conferees was thrown out. service will require the Senate to put in those .bills, and then the Sen:_ Mr. MANDERSON. There was but one such item in the deficiency ate is taunted with being lavish while the House is .. economic.'tl; or if bill, and that was placed in the bill by the action of the Senate Com the items are kept out of the regular appropriation bills, the necessity mittee on Appropriations. Was that thrown out? of the case requires the passage of a deficiency bill :,md the items in the Mr. HALE. That was thrown out. . deficiency bill to eke out this want, tbis..deficiency which is occasioned Mr. MANDERSON. I ask the Senator whether he recalls the fact by the attempt at economy elsewhere. that there was abundant precedent for paying for the paving? I wish to say, if I may be pardoned in connection with this (and I Mr. HA;LE. Yes; sometimes the House itself has agreed to such will not detain the Senator in getting the bill through for more than provisions, and I think in one case some time ago it put a provision of a mom~mt), the attitude of the Democratic and Republican parties this kind upon such a bill as this; but all the same they insisted very seems to me to be exactly this: The Democratic party comes to us omit strongly that they would not agree that the Government upon this bill ting some provision which is essential to the very life of national ad should commit itself to the proposition of paving streets. · ministration, and they rely on the fact that we will not destroy the Mr. MANDERSON. And yet the House placed upon the deficiency child, that the Republicans are so interested in good and reasonably bill ofla.st year two items paying for paving in front of public build well-conducted government that we will take upon ourselves that bur ings. den to that portion of the. public who are d·eceived by such a proceed Mr. ALLISON. The House agreed to the Senate provisions. ing, and not let the appropriation bills fail at all, because we do not want Mr. MANDERSON. Perhaps the Senate plaood the provisions upon the confusion which would come from it; and therefore that year after the bill, but the Honse agreed to it, and established the precedent. year these gentlemen are enabled to make a certain pretense of superior Mr. HALE. It has never yet been adopted. economy to us, relying on us rather than have the Government suffer Mr. HAWLEY. Do !understand tbattheactuaJ.pavingatthefront to take upon our shoulders that burden of obloquy and reproach, and doors of a post-office itself, the sidewalk paving right at the doors, is give them that advantage. . not to be paid for? _ I wanted to ask in reference to that point how this deficiency bill Mr. HALE. Yes; sidewalks laid at the doors. We do not make any compares with former years, and whether there is not a great deal in point on that, and the House do not make any point on it. it which might have been fairly foreseen and which ou~ht to have been Mr. HAWLEY. There is an item in the bill concerning the Hart fairly foreseen and put in· the general appropriation bills? ford post-office that the Senate put in. · Mr. HALE. The Senator is undoubtedly correct. The Senate Com· Mr. HALE. I am not certain that that is in. mittee on Appropriations when it comes to deal with these bills that .Mr. MANDERSON. I think that was in the sundry civil bill, not are sent over by the House (and in what I say I do not mean to cast in the deficiency bill. any improper reproach on the co-ordinate branch of the Legislature) Mr. HAWLEY. Possibly. finds these bills fragmentary, and a great many items which have to Mr. MANDERSON. I should like to ask with reference to the ap be put on for the running of the Government are left out. We find a propriation of $90,000 to render it possible to give the fifteen days' leave page of regular estimates upon which two-thirds of the items have been of absence to t.he employes of the Public Printing Office, an amendment put into the bill by the Houseand the other third leftont, when there placed upon the bill by the Senate. . Is that held to by the conferees? is no difference between the two that we can find on examination. ' Mr. HALE. . It is. So the Senate committee bas to add to the bills as the Rouse sends Mr. MANDERSON. It remains in the bill? them over, and it does giYe rise to statements and to more or less dec Mr. HALE. It does. lamation in another branch of the Government as to the extravagance Mr. SEWELL. I wish to ask the Senator from Maine whether the of the Senate in increasing the appropriations made by the bills of the Honse conferees define the status of the Government in relation to a Honse of Representatives, w bile the fact is that the Senate is very care municipality as a lot and property-owner in the paving of streets? Is ful in its examinations and seeks to put on nothing but.wbat is neces it not as just a claim against that property as it is against an individual sary to run the Government. citizen in that municipality? . An impatience bas been felt not only by the Senator from Massachu Mr. HALE. That is a question which has not yet been settled by setts but by other Senators and by the Committee on Appropriations any affirmative law. As I have sa.id, the precedents have been that in. at this course, at our being charged and saddled with these increased a few cases they have been allowed, and in many other cases they have appropriations whi.ch we must put on. been disallowed. The cases have· been accumulating, and there are a I am bound to sa.y that in the Committee on Appropriations in deal good many of them now pending and waiting to come in again the next ing with this subject it is not in any way considered as a. party matter. year. . The Democratic members of the Committee on Appropriations, ns they Mr. SEWELL. A few get in from time to time. ~ave taken occasion to sa.y here upon this floor before, and as I know Mr. HALE. A few get in, and more are kept out. It is one of they feel now, have the same impatience at our being submitted to this those cases where if either.House insists they are not'allowed. There course as the Republicans. But there is nothing for the Senate to do bas not been any precedent fixed for allowing them on the appropria but to find the subjectH which are needed for the administration of the I tion bills. Government and to pu~ them on, even if we are charged with extrav· Mr. SEWELL. Are we not to infer from that state of affairs that agance. the conferees on the part of the House have more backbone than those As to the Senator's question w hetber as corn pared with previous years on the part of tbe Senate ? this evil is greater or less, my impression is that it is greater than it Mr. HALE. The Senato1· has been in conference with House. con- ha.':l been for the last few years; that we feel more and more .that W6 7878 CONGRESSIONAL RECORD-SENATE. AUGUST 3,
are confronted with bills which do not complet-e the appropriations nec on the sundry civil bill, because it was then a deficiency. There were essary for the running of the Government; and that we have to take two claims on the part of Saint Louis, one was for work which had act the burden of being charged with increasing the bills more and more. ually been done, and the other was for the two unpaved streets. One, That is my impression. the first amendmentt was put on the deficiency btU, wh€.re the work .Mr. EDMUNDS. What is the total amount of the bill? had been done, and that has been acceded to; the other is on the sundry :Ur. HALE. I hav(' not the figures here. They are in the r~pol't, civil bill. Not being a member of the conference committee on that but I can not give them exactly. The amount will be found in the bill, I do not know what its f.afe will be. report at the desk. · Mr. MANDERSON. I. know what :lts fate ought to be. :Mr. MANDERSON. Mr. President-- Mr. COCKRELL. I know the item to which the Senator refers The PRESIDENT p1·o tempore. Does the Senator from Maille yield ought to have gone on the deficiency bill. the floor? Mr. CALL. Mr. President, I think it due to myself to Eay that I 1t1r. HALE. Yes; I ask for the adoption of the report. I yield the should prefer if I had any power in this matter that Congress should :floor to the Senator from Nebraska. not adjourn until the 1st day of next December to consenting to what .' ~Ir. ED1tiUNDS. The report can not be adopt-ed until he yields the I regard as a disgrace and a dishonor to the Government· and the peo- floor. . ple of. the United States. . The PRESIDENT pro tempore. The Senator fro:rp. Maine paused, and It is within my knowledge that in regard to these taxes to be repaid the Chair merely inquired whether he was .through. to the owners of the tax which was improperly and illegally collected 1\Ir. HALE. If any Senator has any questions I shall be very glad from them under the income actr that there was no possible question to answer them. I am desirous of getting. the report to the other in regard to the obligation of the Government to pay those people; House as soon as possible. that it has been so adjudicated by the Treasury Department; that the Mr. ~!ANDERSON. I feel like congratulating the Senator from amounts have been fixed; that the c~im 1?-.ru:> ~n urged time and Maine upon possessing a degree of :firmness and determinatirn beyond time again; tlL.'l.t it is nothing bnt the taking from ihe citizen and sub that which he claims for himself. I can realize that in the multitude ject of another country a tax upon his income in no respect justified of changes made in this bill he might very readily forget as to the by the law in either its letter or its spirit; and that these people have action concerning some items. . been here before Congress with this adjudication of our own Depart I find upon examination that the House recedes from the disagree ment, with the fall and ample and unquestionable authority from the ment as to paying for the paving in front of the public building at Saint owners of the tax for the payment tO their representatives, and that Louis, following the precedent of last year. I simply make reference they are entirely responsible people. to this fact in order if possible to strengthen the conferees of the Sen This fact came to my knowledge in the person of one of my neigh ate that they may hold .to similar items in the snndry civil bill, ;hav bors, whom I have known for several years, a man of the highest re ing not only the abundant precedent of past years but a precedent in spectability, a lawyer of character and capacity, upon whose character the action of the House conferees at this sessio.u. no st..'\in rests.. .He brought the papers to me as a member of the Ap 1t!r. HALE. Th~re are so many items that I could not pretend to propriations Committee, exhibiting a power of attorney from the most be accurate as to a particular item. respectable banking firms in this country direct from the owners of this Mr. MANDERSON. Of couse; I realize that. tax which has been adjudicated by the Govemment, and which was Mr. HALE. I know that on the general subject we had a good deal originally extorted by the tax collectors under an improper construction of discussion, and that there are a great many of these cases which are of the law, a tax upon the income of a citizen and subject of a foreign accumulating, and which have not been settled. country who happened to own the bonds of corporations in this country .Mr . .MANDERSON. I submit to the Senator there should be no ex when· the income tax existed. There is no language which can too ception made. If the paving in front of a public building at Saint forcibly condemn this robbery of honest and uno:ffending people whose Louis is to be paid for to that municipality, certainly it should be.so property bas been forcibly taken away from them, to which we become with others. a party when we fail or refuse to restore their property to them. ~Ir. HALE. Undoubtedly. Mr. President, the reason alleged for it is a pretense, and one not .Mr. COCKRELL. I intended to explain to the Senator that he has worthy of consideration-of having the Treasury Department re-exam in his explanation rather confused the snndry civil and the deficiency ine them and report to whom these claims are to be paid, as if the bills. Treasury authorities could not do so as well after this appropriation lli. HAWLEY. Being on both committees. was made, and require the evidence that the parties who represented Mr. COCKRELL. Being on both subcommittees. . The pavement them were properly authorized to do so. To delay and refu e this pay que tion was receded from by the House on the deficiency bill. ment for years upon a pretense of that kind is unworthy the Senate of lli. HALE. On that single item. the United States, and for one I should never consent to such a repudi Mr. COCKRELL. All that was in it. ation of the honest obligations of the Government. Mr. HALE. Are there not otber items than that? I desire to call attention, if my words can be heard elsewhere, to an 1t!r. COCKRELL. Yes; the Texas matter at Galveston. other fact in regard to this bill. There was placed upon the bill by the l\[r. HALE. There may have been one or two others. Senate a provision authorizing and requiring the reauditing of thP. dis 1t1r. COCKRELL. Probably there are two or three others. They allowed accounts for the last four or five years where the evidence were all yielded by the House. showed that the money had been paid _under proper authority for serv lli. 1t1Al.'lDERSON. All of them paving matters? ices performed under proper executive authority, and the claim disal 1\Ir. COCKRELL. The Galveston was a paving matter which was lowed by reason of some tecp.nical objection or point in the law. It appropriated for at the last session of Congress, but the name was wrong comes within my knowledge that one of those cases was of this char and the pavement could not be made. This was simply a reappropri acter, where a contract was made in Florida for the survey of certain ation to the correct name. of the public lands of the United States, and the Surveyor-General in Mr. MANDERSON. This certainly should be no matter of favor structed the surveyor, in the interpretation of that contract, to survey ! do not mean to insinuate that it has been-but it isamatter of right. certain adjacent tracts of land. These municipalities have paid from their treasury the money neces The person who made that sun·ey, a poor man, an honest and a ca sary to pay for the paving of the streets in f.tont of these public build pable man, borrowed the money upon a mortgage of his homestead that ings. In most cases, nota.bly in the case of Omaha, the land upon protected his wife and children, performed the contract, it was accepted which the pu.blic building is situated was donated by the city, and the by the Government, the survey approved, but the money never paid Government of the United States is the only exception to the rule or because iii was not specifically described in the written contract, and the law which requires that the State, the church, the school-house, to-day an execution is about to turn out that man's wife and children that everything in the way of property shall pay its proportion of 1.he upon the street because the Government of the United States will not pavement in front of the property. I submit that it is a matter of pay jts honest obligation. common honesty and fairness on the part of the Government that it What object the committee bas in persecuting this poor man and his should pay. wife and children, who are not known to them, can not be discov-ered. Mx. COCKRELL. I should like to ask the Senator in co.lll:lection CertaJ:nl y no proper object of public policy c:m justify a failure to make with that if any estimate has ever been made for it, and if it has ever provision by law of such cas . been reported to Congress? 1t1r. President, I undertake to say that that i dishonest and dishon Mr. MANDERSON. In the case I mention? orable, and as one Senator of the United States !would stay here until Mr: COCKRELL. Yes. . the next session before I would allow the poor people of this country 1tlr. MANDERSON. It was reported by the officers of the munici- and their wives a11d children, who have honest claims against the Gov pality of Omaha to the Treasury Department, approved by the Treas ernment of the United States, to be turned upon the street because of ury Department, put in the Book of Estiinates, introduced in the form sqme idle and unreasonable objection on the part of those who have the of an amendment, and referred to the Committee on Appropriations. appropriations to make. It comes strictly within the rule, and was adopted on the sundry civil Mr. HALE. The Senate conferees stood out very long upon the prop bill by the Senate. osition which the Senate put ou in reference to su.c;pended accounts, Mr. COCKHELL. That was adopted on the sundry civil bill. If but it was undoubtedly in the form of legi lation, and the House con the moneJ'" had ever been paid out by the city it ought not to have gone feree.') would not for a momenL yielll or consent eYen to discuss it, and --
1886. CONGRESSIONAL RECORD-SENATE. 7879
in the end it had to go out with one or two other propositions that the The._PRESIDENT pro tempm·e. Is there objection to the present con Honse put on involving legislation. - . sideration of this resolution? I ask the adoption of the report. _ Mr. PLUMB. I object. !lfr. EDMUNDS. :Mr. President, on the general subjectrof these de The PRESIDENTpro tempo;·e. Objection being made, it will be placed :ticiencies I see in the estimate of deficiencies submitted on the 8th of on the Calendar. . February that the things which this bill is to provide for, and I sup Mr. VOORHEES. It went over yesterday. pose does, aredeficiencies in the StateDepartmentfor $80,0q<>--I leave Mr. EDMUNDS. But it is reported from a committee n-ow. off the odd hundreds to condense-in the Treasury Department, $394,- Mr. VOORHEES. It was referred to the Committee on Appropria 000; theDistrictofColumbia, $18,000; the War Department, $1,409,000; tions yesterday and is reported to-day from that commi~ee. the Navy Department, $442,000; the Interior Department, $6,000; the The PRESIDENT pro tempore. .A.nd therefore is open to objection. postal service, from the general Treasury, $6,000, and from the postal revenues $918,000; the Department of Justice, $432,000, and besides TEl\IPORA.RY APPROPRIA'fiONS. that there is already an appropriation at this session of $50,000 for :Mr. ALLISON. The Committee on Appropriations, to whom was rc4 urgent deficiencies in that Department, and some others for the other ferred the joint resolution (H. Res. 211) to continue the provisions ofa Departments. joint resolution entitled ''.A. joint resolution to provide temporarily for Anybody knows that as to nine-tenths of all that sum, amounting, the expenditures of the Government,'' have instructed me to report it including the Post-Office deficiency, to three and a half million dollars, favorably, and I ask for its present consideration. it was just as well known when we passed the regular bills at the last · :Ur. PLUMB. I object to the present consideration of that. session of Congress that they were not adequate to the public service as Mr. .ALLISON. I hope the Senator from Kansas will not object to it is now; .and when we come to the next session of Congress with all the consideration of this re...~lution. I will explain it briefly. this deficiency made up and all the regular appropriation bills passed, The PRESIDENT pro tempore. Is there objection to the present con we shall find a still larger deficiency again; but meanwhile we shall be sideration of the resolution? able to tell the dear people, the hard-working men, the farmers, ·and so Mr. EDl\fUNDS. Yes, sir; we all object for tlle present. We have on, how we have cut down the appropriations, and have been more done this thing often enough. economical than any of our predecessors, which will be true until after The PRESIDENT pro t{Jmpore. Objection being made, tho joint reso the election, butt then it will be false. lution goes to the Calendar. The PRESIDENT pro tempore. The question is on concurring in the 1\lr. EDMUNDS. I do not object to the-Senator from Iowa making rcport of the conference committee. a speecb. ~ · The report was concurred in. Mr. ALLISON. I think if I had un,nimous consent to say a word MESSAGE FROl\I THE HOUSE. both Senators would withdraw their obJection. · The P_.RESIDENT pro tempo1·e. The Senat.or from Iowa asks UIL'l.Di A message from the House of Representatives, by Mr. CLARK, its mous consent of the to make some remarks on this resolution. Clerk, announced that the House had passed the bill (S. 2056) to amend S~nate Is there o~jection? The Chair hears none. the pension laws by increasing the _pensions of soldiers and sailors who Mr. ALLISON. The appropriations of last year were extended to have lost an arm or leg in the service. the 31st of July and the sundry civii bill undoubtedly will not be signed TRAN::>FER OF APPROPRIATIONS. until to-morrow, so that there is a period of three days not provided for Mr. HALE. I am directed by the Committee on.A.pproprintions, to under the joint resolution ending on the 31st of July, aud which can whom was referred the bill (H. R. 4083) to empower the Commissioner not very well be provided for in the sundry civil bill. So all those who of Agriculture to transfer certain appropriations, to report it wit!J. an have been in the employ of the Government from the 31st of July to amendment. the 4th day of August will be in such employ withont pay unless this Mr. EDUUNDS. Let it go on the Calendar. resolution is passed. If this resolution shall pass they will be provided Mr. HALE. I do not ask for action. Let it go on the Calendar with for. That is all there is in it. the amendment of the committee. Mr. EDMUNDS. May I ask a question, Mr. President, by unani , The P .RESIDENT pro tempore. That course "\vill be pursued. mous consent? I should like to have the Senator explain how, when the sundry civil bill passes, it being a bill to provide for paying the THE CONGRESSIONAL LIBRARY. current expenses of the Departments that it covers from the 1st day of Mr. ALLISON. I am instructed by the Committee on Appropria July inclusive to the 30th day of June next inclusive, it is possible that tions, to whom was referred thejointlesolntion (S. R. 82) making ad these people who are now working can not be paid out of it. rlitional appropriation for purchase of site for Congressional Library, to Mr. ALLISON. There are two laws which. stand in absolute oppo report it without amendment, and I ask for its immediate consideration: sition to that view. The :first is that n-o money shall be expended with Mr. EDl\ffiNDS. Let it be read subject to objection. out a_specific appropriation. The second is a provision attached to an The joint resolution was read. appropriation bill two years ago whereby persons are prohibited from Mr. EDMUNDS. Let the letter of the Secretary of the Interior be 1·eceiving pay for voluntary service to the Government in every case read in the same connection so that the whole case may appear alto where there is no specific appropriation made at the time the service • gether. was rendered, except only in cases where life is involved. That will The PRESIDENT JJro tempore. .The letter will be read although it be found in an appropriation act of 1884. is not in order, being in the nature of debate. 1\fr. PLUMB. If I may be permitted to say a, word, I will state the Mr. EDMUNDS. In the nature of debate? reason of my objection. The-PRESIDENT p1·o tempore. The Chair is of opinion that objec The PRESIDENT pro tempore. The Chair hears no objection. 1 tion should be made on the reading of the resolution. If there be no Mr. PLUUB. I will say first that I do not think this resolution will objection, the letter will be read. meet the case as stated by the Renator-from Iowa because VQlunta.ry Mr. EDl\fUNDS. I do not so understand. The resolution was service has been rendered already from the first day of the month until read for consideration, snbject to objection. Now the resolution being now. under consideration, I ask for the reading of the letter of the Secretary Mr. ALLISON. For one day. of the Interior expla.ining the necessity for the resolution. I admit if Mr. PLUMB. It is not as wide as a barn <1ooror deep as a well, but anybody objects to ittheChairwonldprobablyhaveto put the question. it will do. Part of the time, at all events, the employes will not get The PRESIDENT' pro tempore. If there be no objection the letter any pay for, and I think we ought to take the whole subject into con will be read, although it is usual for objection to be stated on the read sideration when we got to that point ami know what we have to pro ing of the bill or resolution. vide for. lli. EDMUNDS. ·I stated distinctly that I would only consent to But there is another objection. The Senator from Iowa knows better this resolution being read and considered subject to objection. than I that the Honse has been very tardy in sei!ding the appropria The PRESIDENT JJro tempore. The letter will be rearl. tion bills to the Senate this year. This is the third time that we have The Chief Clerk read the letter, as follows: been asked to extend last year's appropriation> in order that the Gov DEPART:liENT OF THE L.'ITEB.lOR, Washington, .August 2,1886. ernment might go on. Sm: In view of the fact that the second jury appointed by the supreme court This is a proposition to extend appropriations for the third time·, not of the District of Columbia. to assess damages to property in squares 729,730, and 731, for site of building for the accommodation of theCongressionalLibrary, on account of any neglect of the Senate to do its duty thoroughly and have placed said damages at a sum of about $35,000 in excess of the appropria promptly and fairly and conscientiously with reference to all the in tion of $550 000, heretofore made for such purpose, I have the honor to recom- terests of the public service so flu· as they are connected with appro . mend and"beg leave to urge, that an additional appropriation of from $3.5,000 to &40,000 be made as soon as practicable to enable the commission to complete the priations, but simply because the House during the last eight months pur~e of said squares without further delay. has been neglecting its plain duty in matter of making appropriations I It is further suggested that the proceeds of sale of old material upon the site for the carryipg on of the Government. When the new rules came to in question may be made avaiL'\ble for disbursement by the commission for any purposes contemplated by the act notwithstanding the provisions of section be adopted in that body, for the purpose of relieving the Commitee on 3618 Revised Statutes. Appropriations from what had been considered an overload, some five or Ve!'y respectfully, six of the fourteen appropriation billS were taken away from that com L. Q. C. LAMA.R, Secretary of Ute Interior, Cl!ai:l'man Lib1'ai"!J Commission. mittee and given to oJ;her committees. The bills thus taken away from Ron. D. W. VooRHEES, • the Tegular Appropriations Committee came to this body in due time Chainnan Librcu'1J CommiUec, United States Senate. and in better shape than heretofore and have passed and become laws, ~------. "'
7880 CONGRESSIONAL REOORD-SENATE.
and all of them with possibly a single exception passed before the 1st the adjournment of this body until it has considered a bill introduced day of July. The bills which came from the regular Appropriations by me and reported from the Judiciary Committee on the 19th of April, Committee have all been delayed, from which it would seem that the 1886, entitled ''.A. bill to provide for . inquests under national au- House did not cut quite deep enough, did not tn.ke work enough away thority." . . from the regular Appropriations Committee. · If more bills had been I suppose that I am violating no propriety in saying that a commit sent to other committees Congress would have adjourned by or before tee of Republican Senators had considered the question of the business .July 1, n.nd been saved the spectacle of incompetency and disregard of to be taken up during this session and had assigned to that bill, as its [c , the public interest which has been exhibited during the lasL six weeks, importance·demanded, a very early place in the order of business, which one part of which has been the extension of last year's appropriations promised its consideration long ago, and it was well understood, I sup by such resolutions as the one now before us-a confe...~ion that the leg pose, on both sides of the Chamber that I for one desired the consider- islative machinery of the House of Represe~tatives has failed in the ation of that measure. . · . most important pa1ticular. Circumstances such as often happen in the course of legislation have The Senator from Iowa n.lso knows very well that the appropriation arisen which from time to time have caused the attention of the Senate bills as they came to the Senate according to the judgment of the heads to be occupied with measures which seemed to have a most immediate of Departments failed, very signally failed, to provide for the necessi and pressing demand n.nd which have prevented that proposed order ties of the public service. He knows that the Committee on Appro from being scrupulously ()bserved, until at last we are in the situation priations and the Senate, following that committee, put on various items which I never would have consented to if I had anticipated it when it for the different branches of the public service, which these Department seems unlikely that this bill can be taken up_and disposed of if the. officers said were absolutely necessary in order that those Departments Senate adjourn at the time. proposed by the Committee on Appropria :nllght run during this fiscal year. They as};ted that and received that tions. at the hands of their political opponents which they had not been able 11!r. President, I ask the Chief Clerk to read at the desk the bill which to get by solicitation or otherwise from the hands of their political I have named. · . friends in the other b9dy; and when those items came into conference The Chief Clerk read the bill (S. 2171) to provide for inquests under the Senator from Iowa well knows that objection was made to every national authority, as follows: thing the Senate had put on in toto upo11 the ground that the appropri Be it enact.t'd by the Senate and Hou.Se of Representatives of the United Slates Q/~ ation bills had originated in and been passed by a House of Represent Anu;rica in Congres& assembled, That wb,enever any three citizens of the United States shall, under oath, present to any judge of a circuit court, either in term atives in full accord with the administration, and that the Republican time or vacation, their petition setting forth that within the circuit for which Senate had no business to put anything on those biJls which related to such judge has jurisdiction, and within the State of which the petitioners are res administration; and out of that contention has grown also other days idents, any person has been killed. or has sustained serious bodily injury, or se rious injury in his estate, or been threatened with injury in person or estate, be of delay but Tor which the necessity of this joint resolution would not cause of tl1e race or color of such person so killed, injured, or threatened, or exit. because of any political opinion which such person so killed, injured, or threat We have staid here at great discomfort an 1886. CONGRESSIONAL RECORD-SEN ATE. 7881 which relates to the relations between these two parties, Mr. Douglass victed. The court in which be is tried is a lynching mob. This mob takes the place of" due process oflaw," of judge, jury, witness, and counsel. It does noli .has been famouS for his kindly and gentle utterances and the pacific come to ascertain the guilt or innocence of the accused, but to hang, shoot, stab, counsels to his people, and for the generous judgment and allowance burn, or whip him to death. Neither courts, jails, nor marshals are allowed to .which he makes for the difficult position in which their former masters protect him. Every day brings us tidings of these outrages. I will not stop to detail individual instances. Their name is legion. Everybody knows that what are placed. Now, let us see what Mr. Douglass states to us in this I say is true, and that no power is employed by the Government to prevent this pamphlet, which is the report of three addresses: one delivered at Louis lawless violence. Yet our chief magistrates and other officel'S, Democratic and ville, Ky., in 1883; one delivered at Washington in 1885 on the occa Republican, continue to go through the solemn mockery, the empty form of swearing by the name of Almighty God that they will execute the laws and the sion of the twenty-third anniversary of the abolition of slavery in the Constitution; that they will establish justice, insure domestic tranquility, and District of Columbia; and one delivered-in Washington in 1886. I will secure the blessings of liberty to ourselves and to our posterity. read several passages which I have marked. The first is from the ad M:r. RIDDLEBERGER. Allow me to ask whether he includes Vir dress of 1883. ~I.r. Douglass said, speaking of the condition of the peo- ginia in that section of country. · ple of his race: · Mr. HOAR. I am reading what lli. Douglass says. There are occasional cases in which while men are lynched i. but one sparrow :Mr. RIDDLEBERGER. I know, but it goes into the RECORD, and does not make a summer. Every one knows that what is caued Lynch la'v is peculiarly the law for colored people and for nobody else. If there were no if Virginia is considered as within those Southern States, I say that is other grievance than this horrible and barbarous Lynch-law custom we shou}d not true. be justified in assembling as we have now done to expose and denounce 1t. But this is not all. Even now, after twenty yeal'S of so-called emancipation, we :Mr. HOAR. I do not yield to the Senator. are subject to lawless raids of midnight ridel'S, who, with blackened faces, in :Mr. PLUMB. I should like to ascertain under what order this dis- vade our homes and perpetrate the foulest of crimes upon us and our families. cussion is going on. • This condition of things is too flagrant and notorious to require specifications or of proof. Thus in all the1·elations of life and death we are met by the color line. The PRESIDENT p-ro tempore. Under the presentation the reso We can not ignore it if we would, and ought not if we coul'd. It haunts us at lution to fix a time 1or adjournment, reported from the Oommittee on midnight; it denies us accommodation in hotels and justice in the courts,. ex A pp1·opriatioDs. cludes our children from schools, refuses our sous the chance to learn trades, Mr. GIBSON. I rise a parliamentary inquiry. What before and compels us to pursue only such labor as will bring the least reward. to is the Senate? Then, in a later passage: The PRESIDENT pro (empm·e. If the Senator from Massachusetts We therefore throw off the burden of disgrace and reproach from the laborer, whereMr. .Calhoun and othel'Sofhis cla!)swould place it, and put it on the land will allow, the Chail: will have the question before the Senate read. owner, where it belongta. It is tile old case over again. l.rhe black man does 1\Ir. HOAR. Very well. the work and the white man gets the money. The Chief Clerk read the resolution of the House of Representatives, Then he speaks of what is called the order system. See what is the as follows: testimony of this representative colored man as to the condition of his Resolved by the House of Representatives ( ll~.e Senate concurring), That the Presi dent of the Senate and the Speaker of the House of Representatives declare race on this subject: their respecth·e Houses adjourned sine die at 3 o'clock p : m., July 28,1886. No more crafty and effective device for defrauding the Southern laborers could be adopted than the one that substitutes ordel'S upon shopkeepers for cur Mr. PLUMB. The Senator from Iowa said he did not ~k for the · rency in payment of wages. It has the merit of a show of honesty, while it present consideration of the resolution. puts the laborers completely at the mercy of the land-owner and the shopkeeper. Mr: HOAR. I rose to make some rem9.rks on the resolution. He is between the upper and the nether millstones, and is hence ground to dust. It gives the shopkeeper a customer who can trade with no other shopkeeper, Mr. KENNA. 4-.llow me to ask whether that resolution is under and thus leaves the latter no motive for fair dealing except his own moral sense, consideration.- which is never t-oo strong. The PRESIDENT pro temp01·e. It is under consideration. Here is another passage: Mr. HOAR. I will proceed with the reading of the statement of Flag-rant as have been the outrages committed upon colored citizens in respect l\Ir. Douglass: to their civil rights, more flagrant, shocking, and scandalous still have been the Only a few weeks ago, ut Carrollton (co.urt-house), 1\Iiss., in the absence of all outrages committed upon our political rights by means of bulldozing and ku political excitement, while the government of the nation. as well as the govern kluxing, Mississippi plans, fraudulent courts, tissue ballots, an!I the liked_evices. ment of the Southern States, was safely in the hands of the Democratic party; '.rhree States in which the colored people outnumber the wh1te populatwn are when there was no pending election, and no pretense of a fear of possible negro without colored representation and their political voice suppressed. The col supremacy, one hundred white citizens on horseback, armed to the teeth, delib- ored citizens in those States are virtually disfi-anchised, the Constitution held erately assembled and in cold blood opened A. deadly fire upon a party of peare in utter contempt, and its provisions nullified. This has been done in the face able, una1·med colored men, killing eleven of them on the spot and mortally of the Republican party and successive Republican administ-rations. wounding nine othel'S, most of whom have since died. The sad thing is that, in the a,·erage American mind, horrors of this cha-racter have become RO frequent Now I come to the speech of 1885, in which Ur. Douglass, at a large since the slaveholding rebellion that they excite neither shame nor surprise, meetino- to which he was introduced by Mr. Bruce, late an honored neither pity for the slain nor indignation for the slayers. - membe~ of this body, states the metho!ls which were open to Presi Mr. President, it is said that these are political charges; that the dent Cleveland in disposing of this question: transactions have no politic.11 significance; that they have no relation First. He may adopt a policy of total indifference. He may shut his eyes to to the difference of race or to the difference of party; that they are the fact that in all of the Gulf States political rights of colored citizens are lit erally stamped out; that the Constitution which be has solemnly sworn to sup sporadic; that they grow out of a condition of things following a great port and enforce .is und~r the feet of the mob; that in those States there is !10 and excited civil war, which is inevitable so long as human nature re such thing as a fa1r electiOn and an honest count. He may utterly refuse to In mains the same. If that be true, so much the more is this measure terfere by word or deed for the enforcemt>nt of the Constitution and for the pro tection of the ballot, il.nd let the Southern question drift whithel'Soever it will to which seeks to substitute for the reports of newspapers, for the discus a porto! safety or.to a rock ~f disaster;., * "' * sions of orators, for the accusations of politicians or partisans a judicial inquiry presided over by a judge removed from politics. There is not Secondly. The President ma.y pursue a temporizing.. . policy. a homicide on the face of the earth wherever the common law prevails Thirdiy. ....:.... except this class, which, so far a& the reports come to us, goes unpun· I read these passages to show Mr. Douglass's statement of the exist ished and uninquiredinto, which would not be the subject of examina ing fact as it presents itself to him and to the people of whom he is a tion by a coroner-and the verdict of a coroner's jury. conspicuous representative- · Now, we ask that within the national power, in a judicial district of Thirdly. He may decide to accept the Mississippi plan ofconducting elections ut the United States where an offense of this kind is committed against the South ; encourage violence and crime; elevate to -office the men whose hands the citizen and it is alleged by three respectable citizens under oath are reddest with innocent blood; force the negroes out of politics by the shot that that offense is committed because of the political opinion or be· gun and the bulldozer's whip; cheat them out of the elective franchise; sup press the Republican vote; kill off their white Republican leaders, and keep cause of the race of the person against whom it is committed, the facts the South solid; and keep its one hundred and fifty-three electoral votes-ob shall be ascertained by the judge of the United States court and shall tained thus by force, fraud, and red-handed violence-ready to be cast for a be-properly reported to Congress for its proper action. Democratic candidate in 1888. I think this measure is needed for the vindication of these communi Now comes the statement of 1886, from which I will read two or ties if they be unjustly accused. I think it is needed for the vindica three passages: tion of American honor if it be unjustly suspected. The Republican As far as the colored people of the count.ry are concerned; their condition party have had no power of affirmative legislation in this country since seems no better and not much worse than under previous ndJninistrations. Lynch law, violence, and murder have gone on about. thesameasformerly,and the year 1875. At that time the Democrats took possession of the without the least show•of Federal interference or popular rebuke. The Consti House of Representatives and they have held it in every Congress since tution has been openly violated with the usual impunity, and t-he colored vote except on occasions when the Democrats held control of the Senate. It bas been as completely nullified, suppressed. and scouted as if the fifteenth amendment formed no part of the Constitution, and as "if every colored citizen has therefore been in the power of the Democratic party now for nearly of the South had been struck dead by lightning or blown to atoms by dynamite. twelve years to prevent any affirmative legislation which they did not There have also been the usual number of outrages committed against the civil app1·ove, and by their control of the appropriations to prevent the vig 1·ights of colored citizens on highways and by-ways, by land and by water, and the courts of the country, under the decision of the Supreme Court of the United orous enforcement of any existing law which they did not like. States, have shown the same disposition to punish the innocent and shield the I appeal to them to remove this question from the domain of parti guilty, as during the Presidency of M:r. Arthur. Perhaps colored men have sanship, to remove it as a temptation to political orators North or South, fared a little worse, so far as office-holding is concerned. to remove it as a speci.al grievance in the belief of the representatives Then Mr. Douglass goes-on: - of a race now numbering seven millions in this collntry, to remove it This protection is given to the vilest white criminal in the land. He can not. even from forensic discussion here or elsewhere, and transfer the investi be convicted while there is even a reasonable doubt in the minds of the jury as to his guilt. But to the colored man accused of crime in the Southern States a gation of these facts to t!te courts where they shall be investigated under different. rule is almost everywhere applied. With him, to be accused is to be con.. judicial &wction, under judicial responsibility, and by judicial processes. CONGRESSIONAL RECORD-SENATE. AuGusT 3, I have not now undertaken to express an opinion as to the truth or was only reported to-day, and can only be considered by unanimous falsity of these transa.cti~ns; I have not uttered a word upon the merits consent. of the particular questions; I only a.ffirm that there is a 'belief prevail The !?RESIDENT 111'0 tempo1'e. Objection wa made to it, but that ingin the minds of a large number of American citizens that these things o~ject~en was withdrawn. 1t is now under con~ ideration unless the are true, and I demand that the facts be investigated. Why, l'r!r. Pres objection is renewed, and theSenatorfi·om Delaware ~.1\Ir. AUJ.SBURY] ident, on that statement of Frederick Douglass alone, if there were an is recognized. affirmance of a single outragf} such as he describes in these eloquent Mr. CULLOM. May I inquire on which resolution? passages inflicted on a single American citizen of white blood in Mexico The PRESIDENT pro tempore. The Senator from Delaware i recog or on a fisherman in a Canadian port this· Congress would not adjourn nized as entitled to the floor. until i t had put the national defenses in order for war. :Mr. SAULSBURY. I do not intend to occupy much of the time of I will not put this measure as a measure of redress for an injury. I the Senate. put it now on the ground that it is demanded to remove from a large 1\Ir. CULLOM. I desire, by consent of the Senator from Delaware, number of people in this country a belief which is injurious alike to to make an inquiry whether it is the resolntion of tho Senator from their affection fC1" their country and to their happiness and contentment Ma achusetts or the resolution of adjournment that is before the Senate? as American citizens. The PRESIDENT p1·o tempore. The resolution providing for final Mr. KENNA. Mr. President, I ask the Secretary to read the reso adjournment. lution to which the Senator from Massachusetts has addressed his re- Mr. SAULSBURY. On that question I rise. marks. . Mr. CULLOM. It may make some difference -as to the method of The PRESIDENT p·otem.pore. The r E}_Solution with the amendment tli cussion. That is all. will be read. .Mr. SAULSBURY. I had hoped, as I supposed eYcry Senator on the The Chief Clerk read the resolution of the House of Representative , floor did, that we were about reaching a conclusion of oonlabors here, and also the amendment of the Committee on Appropriations, which and I rise now more especially to express my surprise that a Senator was to strike out "3 o'clock p. m., July 28," and insert'' 4 o'clock p. with the experience of the Senator from 1\Iru acbusetts, having served m., August 4;" so as to make the resolution read: in both bodies of Congress for a number of years, should have so far Reso1 ·ed by the House of Representatives (the Senate concurring), That the Presi departed from alllegisla.tiYe propriety as to inject ~to the discn ion dent of the Senate and Speaker of the House of Representati'l"es declare their of a resolution in reterenc~ to adjournment the virulent spirit which respective Houses adjourned sine die at 4 o'clock p. lll., August 4, 1~. has been manifested by the Senator in the discussion which he has Mr. KENNA. I desire simply upon my own responsibility to make ma.de. He has risen here in his pla-ce to make a ~Jlitical speech of a a very brief commentary upon this extraordinary spectacle. Here we malignant type against men of a different political persnasion at a. are in the last hours, in the very last moments of an expiring session time when he knew there was no opportunity to reply to him. ofCo:-~gress. We ha.vebeenhcre day after day, and month after month, I ay for one that the Senator will make no Teputation for himself, since the early part of last December. On the 19th day of April, as he 'vill make no advantage for his partybythe injection ofthis speech shown by a printed copy of the bill to which the substance of the re into the discussion of this resolution, for I am satisfied from the empty marks of the Senator from Massachusetts has been devoted, that meas seats while the Senator was delivering his tirade, quoting from speeches ure was reported to the 8enate. Up to yesterday, as far as my knowl of l\Ir. Douglass in order to 1mt them into tbe RECORD to go out as a edge goes, no eviden~.e has been furnished to this body by the Senator political campaign document-from the exhibition I saw on his own from Massachusetts or by any other Senator that any attempt would be side of the Chamber I knew he had not the approval of those with made at any time during this session of Congress to secure action upon whom he is politic..'llly affiliatM, nnd I exonerate his party of all com this measure. If any such purpose has been suggested it has not been plicity with the great impropriety which has been maniiested by the acted on. Senatm· from Massachusetts on this occasion. 1\lr. HOAR. I have informed Senators on the other side of the Cham I shall not go into a discussion. I hope we shall adopt the resolution ber for the last two or three weeks of my purpose to bring this up in offered by the Senator from Iowa, that we shall adjourn and go. home, some form and insist upon it. but I do want to emphasize my disapproval, my condemnation, my :Mr. KENNA. The bill has been on the Calendar ibr three months reprobation of the attempt on the part of the Senator from Massachu and more. setts in the closing hours of the session to make political c..'l.pital for his Mr. GEORGE. The Senator from Massachusetts has informed me party when he knew there would be no opportunity to reply 1o him. several times in the last week or two that it was his unalterable deter mination to call the bill up and have· action upon it at this session of :M~T REPORT. Congress. 1\Ir. GORMAN. I ask leave to make a report from a committee of , Mr. KENNA. No action has been taken. by the Senator from Mas conference. sachusetts, so far as I know, to carry out that unalterable purpose on his The PRESIDENT pro tempore. 'rhe Chair will receiYe it. part, and now, when Congress is within twenty-four hours of its final Mr. EDMUNDS. What bas become of the concurrent resolution? adjournment, on a resolution looking to the consideration of the ques The PRESIDENT pro tempore. A report of a committee of confer- tion of adjournment, even I believe down to a question of the very hour ence is a privileged question. of adjournment, this speech is injected in this body. It goes into our Mr. EDMUNDS. Do I understand the ~ enator from 1\Iaryland to RE ORD; it goes into this campaign as a bloody-shirt campaign docu object to the adjournment resolution? ment·, with the privilege of the public frank upon it, carried free The PRESIDENT pro tempore. Does the Se~ator from 1\Iaryland through the mails of the United States, for purposes which, so far as I object to the pending resolution as to adjournment? am concemed, aretoagitatesectionalsentimentand feeling, and which, Mr. GORMAN. I ask' that the report I make be consid.;ted. so far as I am concerned further, is a thing of the dead past, to remain The PRESIDENT pro tempore. The report is in order under the ex soforever. · press terms of the rule. I confess that I do not understand it. I confess that I do not see how The Chief Clerk read the 1·eport, as follows: the Senate and this country can understand the conditions or the pur The committee on conference on the disagreeing vote of the t\yo Hou es on the amendments_' of the Senate to the House concurrent resolution for printing poses for which this sort of discussion without opportunity on this side . the r eport of the Director of the 1\Iint on the production of the precious metals of the Senate or anywhere to reply should be precipitated on an issue in the United States, haYing met, after full and free conference bayc agreed to which invites the Senate to discuss a qnestlon involving a resolution recommend and do recommend to their respective llou e as follows : That the House recede from its disa.gxeement to the amendments of the Sen- for adjournment.. ate numbered 1 and 2, and agree to the same. Mr. HOAR. I gave public notice in niy seat here two or three days A. P. GORl\IAN, ago of my determination to bring this bill up. CHARLES F. M -DERSO~, JOS. R. HAWLEY, 1\Ir. KENNA.. The fact that the Senator gave that notice two or lJicm.agera on the 1>arl of the Senate. three days ago, when we we1·e practically in the same condition we are JAS. W. REID, in now, and when we all know this bill can not be considered maturely, JOHJ."i 1\T. FARQUHAR, does not alter the case or the..purposes of my remarks, and I am will R.P. BLA~D. ing to leave the matter there. Mdnagel's 01~ the pa1·t of the I1ouse. Mr. SAULSBURY, Mr. BERRY, and others addressed the Chair. Mr. EDMUNDS. To avoid there being a precedent about this bn i The PRESIDENT pro. tempo;·e. Reports of committees are still in ncss I respectfully , submit to the Chair that 1.he resolution about ad oTder. This matter will be pnssed O'\"er informally. journment i n. matter of higher consideration th. n :io conference report. JJir. BERRY. Is the resolution up for consideration? If so, I have The PRESIDENT pro te111pol'e. The Chair does not understand that a right to debate it. a resolution to provide for the adjournment of the two Houses of Con The PRESIDENT pro ten~ore . Does the Senator from Delaware rise gress has any preference oYer any other bill or resolution, and ilie rule to address himself to this resolution? expressly gives to reports of committees of conference precedence when- M:r. SAULSBURY. Yes, sir. eYer presented. · The PRESIDEN'r pro tompore. The Senator from Dela.ware was No action is necessary on the repmt of the committee of conference, recognized. Several Senators rose-, as the Chair supposed, to morning the Chair thinks. business. Mr. GORMAN. Am I to under8taud that the conference report is Mr. GORMAN. I rise to a parliamentary inquiry. This resolution agreed to? .. ~-. --- ~-- ---~~-- --=- --- ~ ·-- ~- • 1886, CONGRESSIONAL RJOOR~-SENATE. 7883 The PRESIDENT pro tempore. No action is necessary, the HoT Mr. BERRY. I will say to the Senator that I stated to his colleague having receded from its disagreement; the resolution is passed.~ [.Mr. DAWES] that I hoped the bill would not be pressed at this ses- ADJOURNMENT SINE DIE. sion, because a number of gentlemen desired to discuss it, and we had not time to do so. I stated that, having heard he was going to present The Senate resumed the consideration of the resolution of the ouse it, but being informed that it was the universal sentiment on that side of Representatives providing for final adjournment. of the Chamber that it ought not to come up, I supposed their. good :Mr. EUSTIS. Mr. President, as the Senator from Massachusetts judgment would prevail, and that the Senator would not bring it up. [Mr. HoAR] has referred to occurrences in the State of Louisiana, I I simply, however, intended to say this-- desire very briefly to state that he has not referred to a single occur- Mr. HOAR. Will the Senator pardon me one word? renee in that State which has not been the subject of investigation, of 1Jir. BERRY. Certainly. discussion, and of decision. I do not propose at this time to be enticed Mr. HOAR.· Does the Sena.tor say my colleague told him that that into any discussion of such stale subjects. At the proper time and on was the univeTSal sentiment on this side of the Chamber? anyproperoccasionihopethat I shall:fi.ndmyselfprepared both bythe Mr. BERRY. No, sir; I made no such statement. facts and the truth to defend the white people of the State of Louisiana Mr. HOAR. I should like to know where that information came against any such accusations as have been made. from. Since 1876, which was the year when the Democratic State govern- Mr. BERRY. The Senator charges me with words that I did not ment was inaugurated, I can not recall a single ocCUirfiDC6 represent- use. I did not say what his colleague had said one way or the other. ing any condition of things in Louisiana that does not exist in the State I said that my information was that it was in opposition to a large num of 1J1assachusetts itself, which should require the attention of this body ber of Senators on that side of the Chamber. orofanynational tribunal. There have prevailed peace and quiet and Mr. DAWES. The Senator will say injustice to my colleague and cont to accede to the wishes of the Senator from Massachusetts to call up this berg from an arctic region into an atmosphere of genial warmth and bill for consideration. If it be, and it is called up, I make no com sunshine, pervading not only this Senate Chamber but every part of our plaint of the lateness of the session, provided that no hour, no day common country. It has drifted from its moorings and is out of season shall ba fixed for adjournment until this discussion is over. and out of place, and ean not survive the patriotic warmth of this epoch I do not wish to be understood at this late hour as challenging a dis of unity and concord and friendship, but will melt and fade out of sight. cussion of this measure. I do not challenge it. I simply desire to be Edmund Burke declared that "to restore order and repose to an em understood as saying that if it be the wish of the majority to consider pire so great and so distracted as ours is merely in the attempt an un this bill I am content, but I do not wish to discdss it under the press derta,king that would ennoble the flight pf the highest genius and ob ure of an hour fixed for adjournment. There are very grave constitu tain pardon for the efforts of the meanest understanding.'' He declared tional questions in my opinion involved in the bill; there are constitu with all his genius and learning he found it impossible to fi'a,me an in tional objections to it which extend not only to the end and the aim of dictment against a whole people. The Senator from Massachusetts re the bill, but which extend with very great force to the instrumentali jects the example and the advice of this one of the most gifted.states ties by which this proposed investigation is to be had. I desire to con men who ever spoke the English tongue, and brings in here at the sider both of these questions calmly and coolly, and I desire to con very end of the session a bill the effect of which is to frame an indict tribute what little may be in my power to enable the American Senate ment against the entire population from the Potomac to the Rio Grande. tosettlethesegreatquestions in accordance with the Constitution which But, 11fr. President, I will not enter into the discussion of this mat we have sworn to support. ter, for I do not believe it is Lrought into the Senate for any seriou·s pur There is another question, Mr. President, raised by this bill which I pose; but I should feel that I was derelict in my duty to the people who think demands at some time or other the careful consideration not only have honored me with a seat on this floor if I did not bear testimony to of the American Senate but of the American people, a question which the peace, to the repose, to the good order that exists in the Common grows out of the very extraordinary condition in which the Southern wealth of Louisiana. States find themselves by what the Senator from Vermont on a former I have been familiar with the people of that State since the year of occasion denominated the WJ.mt of homogeneity in our population. I my birth. I have been identified mth them in every form and phase do not want this discussion opened or considered in a partisan spirit. of their fortunes. I was identified with the old society that existed in These interests are too grave, they are too important, they too much Louisiana during my boyhood. I was associated with her sons in the concern the welfare of both races in the State in which I live tQ be dis darkest hours of the struggle during the civil war. · I have been bon- · cussed in a partisan or sectional spirit.· ored by the good people of my State ·beyond my deserts. I h~ve trav Having said this much, I think I may with propriety ask that the eled through the State from one end of it to the other recently\ and I Senate may determine now whether it will consider this bill or not. If must bear testimony here to the perfect quiet and concord which ex it be the purpose of the Senate to ·consider it, I am prepared. If it be ists between the white and the colore.d people, and to t~e earnest desire the purpose of the Senate to not consi(\er it, to postpone it until the of the white people to educate a.nd elevate the colored people to tlie next session, I am content with that. extent of their ability. Mr. DAWE:?. Mr. President, before this matter is laid aside I de The senior Senator from Massachusetts who sits on my right [:M:r. sire to add a word after the statement of the Senator from Arkansas [Mr. DAWES] has referred to massacres in theSouthernStates. Sir, I .know ,.BERRY], who has stated truthfully, I believe precisely, the conference of none such. I know there have been disorders in American society between himself and myself upon this matter. It is possible, however, in the last twelve months. I know that occurrences have taken place that the impression may be left, if I remain silent, that the bringing of in certain parts of the country that have cast their shadows over the this matter before the Senate by my colleague has been withoJJ.t my ap Amet·ican Capitol and awakened the deepest concern in the minds of probation. My colleague communi~1.ted to me some time since his in Senators with respect to the peace and to the permanency of existing tention to bring this matter before the Senate before adjournment, and relations between our people in different parts of the country. I know although it is of no consequence to him, yet it is to me that I say that that in Chicago the peace of society was stirred· to its lowest depths and that proposition of his met w'th my approval; and when the Senator that throughout the whole section in which that city is located we have . from Arkansas sent to my colleague through me the message, I had beard the murmurings of discontent threatening not the re_ptification heard from no quarter on the side of the majority of .the Senate any of any particular wrongs in respect of any particular person or matter, disapprobation of the matter tbat has been brought bef9re the Senate but affecting the entire framework of society itself, the very founda by my colleague. I took the message to my colleague from the Senator tion upon which titles to property rest, the very guarantees and safe from Arkansas precisely as it was delivered to me, and returned to him guards which it has taken two hundred -years of statesmanship to erect such answer as was given me by my colleague. in order to protect life and property and liberty. . I wish to say, however, that my colleague truly represents the feel And yet in the presence of these disorders that are so grave, that ing in the State of Massachusetts on this question. The painful thing menace the yeryelements that constitute civil society, we are asked to abo.ut it is in the minds of the people of Massachusetts that those where turn away from them, as unworthy of our solicitude or concern. We these occurrences have recently taken place are indifferent. Terrible are asked to turn our attention to the South-and when we look out massacres have occuired from some cause or other in some of the South upon the section stretching from the Potomac to the Rio Grande we see ern States, and so far as I know in this body or the other branch and peace, quiet, not a ripple upon the surface, God blessing the people in the States themselves there bas been manifested such an indifference with a.bundant crops, relations between capital and labor undisturbed, to them as that the people of Massachusetts infer i"roip. this absolute not a strike, not a tumult, not a disorder, the law is executed, life and silence and from the absence of any ~ffort to seek out the cause or the property protected; and yet we are told. by the veteran Senator from proper remedy that there is necessity for some action to secure the rights Massachusetts that these conditions do not represent health but disease, of citizens. To th~ people of Massachusetts it is-a matter of serious con do not represent civil concord, but on the contrary are evidences of civil cern when they consider that the life and liberty of one citizen of the · death and the denial of political rights! United States, w}Jerever he may reside, are just as dear tO them, and Sir, if this be so, by what human standard are we to judge of the con his safety is of as much importance tO them, as are the life and liberty ditions of society in any part of the world? Where are the petitions and safety of those citizens of the United States who dwell within her coming into this body from any portion o( the Southern people asking own borders. for examination, for investigation, for ·inquiry? Point to one that has It may be that such a proposition as my colleague has submitted is been introduced here during this session. Where have there been any not the best remedy. The trouble among these people is that no at conventions or meetings in the Southern States demanding that the Fed tempt at a remedy finds the slightest response where there ought to eral Government should invest its judges with the ordinary powers of bo the greatest interest and the greatest assiduity in seeking out "the inquestintothepolitical relations that exist between the races in South proper remedy. My colleague can justify himself without my help ern society? :tor bringing the matter up at this time. I have said thus much lest But, sir, I will not betray myself into a further discussion of this what has passed between the Senator from Arkansas and myself might bill. I express my deep regret that the learning aQd accomplishments be interpreted here or elsewhere as if I felt an indifference to the trans .of the Senator from Massachusetts should be dedicated to a purpose actions out of which this measure has grown-a feeling I do not pos like this when that ampler field, the relations between capital and sess. I am in entire sympathy with an earnest and honest and calm labor, the reform of our land laws, of our currency and of our revenue effort Qf some kind to try to make the life and liberty and political system-all the great questions that to-day tax American statesman rights of every citizen of the United States, wherever he may live, to ship-invite him to put forth his very best exertions; a more fruitful be more secure than they are now. field never awaited the coming of an able and fearless statesman. Let Mr. GIBSON. .M:r. President, I must express my surprise and re him turn to these questions and trust the South. Those principles of gret that a gentleman of the learning and accomplishments of the Sen home rule and that sense of self-respect and responsibility which after ator from Massaehusetts [Mr. HOAR] should, at this hour, bring into all afford the only safeguards for free institutions will insure the just the Senate a subject calculated to create sectional debate. I have right of all persons there. We are all devoted to liberty and will pre served for many years in Congress with that distinguished Senator, and serve all its muniment. We ought to know their value, for they were I had cherished the hope that his patriotism, extending beyond the our inheritance from men you are proud to call your countrymen. Commonwealth he represents, might gr_adually widen until it embraced Mr. HOAR. Mr. President, I think the excited utterances of the the whole country from one end of it to the other. . Senator from Delaware [Mr. SAULSBURY] and the Senator from. West The speech of the Senator from Massachusetts comes to us like an ice- Virginia [Mr. KENNA] have been pretty well disposed of by the state- 1886. ' CONGRESSIONAL RECORD-SEN ATE. 7885 ments made upon the Democratic side of the House. They charge that I Mr. GEORGE. That is aJl I want to know. ' · - I have brought in here unexpectedly, out of time, in the dying hours Mr. HOAR. Of course it is; and I suppose I am violating no con o( the session, a bill which they speak of, some of them, as an indict- :fidence or propriety when I saythattheSenatorfrom Mississippi, being ment against a whole people, involving sectional strife. · about to depart from the Senate in search of health a few days ago, Why, Mr. President, just look at the history of this thing. On the· asked me if I would permit it to rest until he came back, because he 19th of April, 1886, now four months ago or thereabouts, the law com- was prepared to speak upon it and wished to be here when it .came up; mittee of this body directed me to introduce a bill-I violate no com- and I told him that although I did not think it would be reached be mittee secret when I say that, of course, the Democratic minority, the fore Monday of this week (which wa~ the time when he expected to four able gentlemen who represent the Democracy, on that committee return), such was my sense of the importance of the measure that I knew a.ll about the bill, knew its contents, its purpose, its scope, and could not con8ent not to take it up if I saw a chance, but that I did not its effect. believe if it was taken up it would be concluded before his return, and Mr. RIDDLEBERG ER. Will the Senator allow me to ask him a I would see that it was not so concluded before his return. question? Mr. GEORGE. Thatstatementisentll:elycorrect. Now, all !want Mr. HOAR. No, I wish to proceed. . is this: I want an order of the Senate to take up the bill, if that is the Mr. RIDDLEBERGER. I would ·Jike him to :mswer just this, sense of the Senate, and let us consider it in an orderly way. whether the law committee of the Senate-- Mr. HOAR. The Senator from Delaware and the Senator from West '.rhe PRESIDENT pro tempore. The Senator from Massachusetts de~ Virginia, if they have heard these statements confirmed by gentlemen clines to yield. on· the other side of the Chamber, will as gentlemen, as they are, take Mr. RIDDLEBERGER. I will ask the Senator after a while by in.: back what they said. quiry whether the law committee of this Senate directed him to make Mr. KENNA. If the Senator refers to me and will give me the op- . an indictment against all the Southern States for committing lynch poi-tunity at this moment, I will state that so far as the declaration of law-- his purpose to have this bill considered is concerned, I have no issue The PRESIDENT pro tempore. The Senator from Massachusetts has with him whatever, but frankly I do not see, and I can not see, no the floor. matter what his purpose may have been, that the history as stated by Ur. HOAR. I will now proceed. him of this subject and of his connection with it furnishes either the Mr. President, the bill was introduced by direction of the law com- cause or the pretext for the speech which has been precipitated upon mittee of this body with the knowledge of every man on it on the 19th this body to-day, wh~n he knows as well as every one must know that of April, 1886, in its present form without the dotting of au "i" or the bill would not and could not be considered. the crossing of a "t." . Mi. HOAR. I am coming to that next. , Next, the Republican majority of this committee held a meeting to Mr. MAXEY. Before the Senator goes to that I should like to have determine upon the order of business, and by the advice of a commit~ one thing explained. The Senator has stated that· this bill has been tee of their number they determined an order of business which they before the Senate by report for about two months. communicated· by authority to the other side, so that there is no secret .Mr. HOAR. Nearly four. as to what they did; and without a dissent so far as I know-if there Mr. :MAXEY. And passed through the Republican caucus as one was one I never heard of it-this bill was put down among the princi- of its pet bills. pal and leading public objects which were to be taken up in their order Mr. HOAR. I did not say any such thing. at this session, and that was done more than two months ago. Mr. MAXEY. Substantially that. Next that official and most important fact was communicated to the Mr. HOAR. I did not say the Republican caucus had passed the other side through a similar committee of their number, that the Re~ bill, or say this was a pet'bill. publicans had determined upon a certain order of business in which Mr. MAXEY. It was placed on the basis of bills to be considered? after disposing of :five or six other topics they were going 1;<> take this Mr. HOAR. Yes. up. That is _the next fact w~~ch relates to this bringing it up out ·or 1\Ir. MAXEY. That being the case, and it having been there for order! two months, I ask why it is that it has not been called up when the Next it appears that that order of business was proceeded with until Republicans have the majority and have the absolute power to call up about four or :five days ago every other matter upon it which preceded any bill they see proper at any time? Why has it not been called up this was disposed of; and if the appropriation bills had not taken the an~ · placed before the Senate in ample time to give Democratic mem place as they always do this would have come up, subject only to the ber~ full opportunity of discussing it? constitutional obligation of dealing with the Presidential vetoes. Mr. HOAR. I have answered that once and I will cheerfully answer So then it is in its place where it has been pub by a majority of the it again. An order of business was agreed on. It was made known to Senate and a place notice of which was given in the most formal man~ the other side, and the bills which preceded this in thab order of busi ner to the Democratic side of the body. · ness and the appropriation bills have taken up the time up to this duy. The appropriation bills have taken up the time for the last two or ·That being the case, and I having done everything that in reason and three weeks. The thirteen great appropriation bills and the river and decency I could by public notice, by private notice, by securing the ap harbor bill have at last got out of the way, and the time has come probation of the committee of the Republican caucus, by securing the when this matter comes up in its order with greater formality of action caucus itself, at last it turns o.ut that there comes into the Senate a reso by the Senate than any other subject, with the exception perhaps of lotion for adjournment leaving this matter on the edge, and I rise, as is l1alf a dozen that have come up here. Then I gave notice three or four my duty, to say at the :first moment that that resolution come8 in that days ago in my seat in the Senate that I proposed to demand a hearing we ought not to adjourn without completing the comrlderation of tbi.fi by this body on the :first practicable opportunity. I gave that notice bill. . to the whole Senate. '.I'here is the next fact. In addition to that, as Mr. GEORGE. Will the Senator allow me a moment? the Senator from Arkansas ha.s himself honorably stated, a message Ur. HOAR. Certainly. came tome through my colleague wishing to know whether itwas my Mr. GEORGE. I do not join the complail;tt made of the Senator's purpose to take up this bill, with the information that the other side conduct in this matter, but right there I believe I have a right to ob of the Chamber had twelve or fourteen speeches ready to make upon it. ject that the Senator in protesting against the adjournment of the Sen- Mr. BERRY. The Senator will excuse me. ate and speaking to that resolution injected a rather objectionable Mr. HOAR. Certainly. speech without an opportunity of reply. That is the point I object to. M:r. BERRY. The statement that I made was this: That I hoped Mr. HOAR. I am glad I have got your approbation, as I am quite ·the SenatOr would not press this bill at this session, because if the sure I ought to have so far, and now I am coming to·that point. Senator did I thought it would bring ten or fifteen speeches from our Mr. President, before I come to that i.mmediate point, however, let side and would delay the adjournment ·for a great many days. me say what I wa.s about to say. What is there in the nature of this Mr. HOAR. Very well; take it in that form. bill that is an indictment against a whole people, that is going to stir Mr. BERRY. I did not say any speech was prepared. up sectional strife? The bill simply says that if three citizens of the Mr. HOAR. Take it that way. In the next place, as the honorable United States, inhabitants of any judicial district, shall under oath de- Senator from Mississippi [Mr. GEORGE] most candidly and frankly clare to a court that.there has been a homicide or other serious offense stated when the question wa.s raised on his side of the Chamber, he against life or property by reason of the fad that the person killed or being a member of the Judiciary Committee,· that he has been aware injured held certain political opinions or was of a certain race, by reason for wee~ of my ~nalterable determination to bring this matter before of the race or politics, thereupon the judge should do what is done in the Senate. the case of every :fire inquest and every coroner's inquest throughout Mr. GEORGE. Will the Senator allow me to interrupt him right the land, inquire into the .facts, report them to the Attorney~General there? and to Congress, so that if the existing law furnishes a remedy the At- Mr. HOAR. Certainly. I wish to be corrected if _I misstate any- torney-Genernl may set it in motion, and if the existing law is defect- thing. ive Congress may remedy it. Mr. GEORGE. No, sir; I do not wish to make any correction, but What is there on earth that should require gentlemen to plead that I inquire whether it is the purpose of the Senator now to ask the Sen- that bill is an indictment against a woole people? It includes-the ate to take this up in an orderly way? • North as well a.s the South. It defends the Chinaman as well as the Mr~ HOAR. Of course it is. negro. It defends the Democrat in Vermont: where I suppose Dem- CONGRESSIONAL RECORD-SENATE. AUGUST 3,- ocrats are not a fifth of the voters-! do not know exactly what the pro What is it tha.t is producing the anger of the State of Texas with portion is-as much as the Republican in Louisiana. There is not a. Mexico to-day and the demand for the foicible interference of the ad mention in the bill of which race is likely to be attacked ~y any other. ministration, and war if need be? It is an affront to one or two Ame.r: There is not a mention in the bill of which party is likely to be attacked ican citizens,· and it warrants, if the reports be true, the feeling of in by any other; but it substitutes, and its purpose is to substitute, for the dignation and excitement which prevails in that community and which heated, angry political complaint the cool, dispassionate, non-partisan should prevail throughout the entire United States. Is an American judicial finding of the court. That is all which excites my brethren on citizen to be safer in Mexico than in Carrollton or Copiah ? If reports the other side of the Chamber. justify inquiry in the one case, dotheynotjustifyand demand inquiry Mr. GEORGE. Will the Senator allow me right there? alike in the other? Is the Mexican flag· to give more safety to the Mr. HOAR. Certainly. . American citizen than the Stars and Stripes? Mr. GEORGE. It is very true that the bill on its face appears to be l\Ir. GIBSON. Will the Senator from Massachusetts permit me to non-sectional and non-partisan, but there was a preamble to the bill, interrupt him? not printed with it but contained in the speech made by the Senator I\Ir. HOAR. Certainly. from Massachusetts when he introduced it, which defined its character. 1\Ir. GIBSON. If the State of·Texas should be so excited about a Mr. HOAR. That is precisely what I was going to deal with next, wrong done to an American citizen in Mexico-perhaps not a citizen of a.s I had assured my honorable friend I would before I sat down. So Texas-can we not presume that the State of Texas would become far I think I shall have the assent of all candid minds on both sides of equally indignant at a wrong done within her own jurisdiction against this Chamber that the bill was not precipitated, that I was not rash or one of her own citizens entitled to her protection? Would it not nat hasty, that it was notout of its place, but that my duty to the measure urally follow that Texas would take more interest in affording a remedy required me to give this notice. for a wrong done within her own household against one of the membeiS When I gave the notice I stated the reasons· which seemed to me to of her own political family than on n.ccountof any wrongs inflicted upon IDL'tke the bill impoitant to be dealt with at once. I stated that there a citizen of the United States in a foreign country? were rumors that the General of the Army had made a statement against Mr. HOAR If the wrong be to an ·American because of his Ameri one State. Is there any doubt about that? In former times-- can citizenship in Mexico it is the national duty to redress it, and not l\1r. GIBSON. Over twenty years ago. that of the State of Texas. · Mr. HOAR. I dare say. · 1\lr. GIBSON. The State of Texas is manifesting, the Senator sa.ys, Mr. EUSTIS. Has it ever been verified? its indignation at a wrong done against an American citizen. Mr. HOAR. I think it is abundantly and amply verified. Mr. HOAR. Suppose she is. If the offense be committed against 1\fr. EUSTIS. I think not. an American citizen in regard to those political or personal rights which Mr. HOAR. But I am not going into that. belong to his American citizenship at home, it is equally the duty of Ur. EUSTIS. The matter was investigated. the American Government to a..ffoTd the redress, and here is the place. Mr. HOAR. You can not fin a respectable white Republican in the Mr. GIBSQ.N. If the Senator from 1\lassachusetts will permit me, State of Louisiana, in my opinion-whether right or wrong, I do not I suggest that primarily it is the duty of the State of Texas to protect know; I never met one-who will admit that they have a fair and hon her citizens within her own jurisdiction. and if a wrong were done to est opportunity to cast the vote and to carry that State by a majority a citizen in Texas, no matter what may be the character of that wrong! ' and vote as they see fit. I am not charging Lonisiana. Do not get up whether in respect to the rights guaranteed to him by the Constitution now and say that I have made a charge against your State. I say that of the United States or by the constitution of the State of Texas, nev those reports come to me when I talk with men. I say that the lead c:!rtheless it is the duty, and I have no doubt it will be the will, of the II ing Democratic paper in South Carolina, the Charleston News and people of Texas, of the government of the State of Texas, to _pTotect one Courier, again and again, down to this very year, has made certain alle of her citizens in respect of either of these classes of right, and to afford gation.~ about the condition of things in that State. I am not saying ample and just remedy. now whether they are true or false. Ur. HOAR. Now, the Senator put me a question. I will put him Mr. EUSTIS rose. one. Does the Senator from Louisiana himself believe that there are !fr. HOAR. Let"me make my point, and then I will yield to the not communities in this country where if a Republican was shot down as Senator. I say that Frederick Douglass, the leading, candid, and hon Print Matthews was because of his Republicanism or a negro outraged· ored representative of the colored race, has made these statements as because he wan ted to vote, that they would find grand juries to indict to his belief of the condition of his people. I· do not say whether t"b.ey or petit juries to convict? Will the Senator, who everybody know to are true or false. I say that in the State of Mississippi, which my friend be a man of honor, ay that there are not communities to whom protec represents who has just interrupted me, there came a rumor,.and it was tion would be denied, and has been denied in the past? stated throughout the press of the whole country, that an attack was Mr. GIBSO~. I will answertheSenatorfromMassachusetts. I be· made on certain men, all of one mce, by certain men, all" of another race; lieve that there is not a community in the United States in which if and those statements are verified by the affirmations of respectable Dem any citizen were denied his right to vote or any other right 'to which [i ocratic papers in Mississippi itself among others. he was entitled under the laws of the Sta.te in which he resided. thnt I say it is affirmed that within three weeks an attack was made on this or nny other wrong would not be righted. In other words, I be certain colored laborers there, forbiddingtQ.em to labor, by certain white lieve that American citizens are as secure in their rights in the South laborers. . ern States as in the Northern States. I will admit that at seasons of :Mr. President, I am not here making these things as charges. I excitement growing out of neighborhood difficulties or of polities it am here saying that the existence of such a belief~ whether in the might happen that in any part of the United States wrongs might be press or in the minds of representative men throughout this country done against particular individuals without their being righted with warrants inquiry, and that such a belief in regard to one American citi that promptness which the Senatoi would desire and which I would li . zen in Mexico or Canada, if it were not removed, would produce war. desire, but these are exceptional ca es. I am here simply saying that while that belief exists we had better Mr. HOAR. Well,.M.r. President," I have not found so great faith; substitute the judicial inquiry for the political inquiry. no, not in Israel;" but if the Senator be right, and I admit his oppor Mr. EUSTIS. Will the Senator allow me to interrupt him? tunities of examination and of ascertaining the facts, thtJn certainly II. Mr. HOAR. Certainly. That is my point. this is a most harmless bill; it will not increase either the laboi or the Mr. EUSTIS. The Senator from Massachusetts dees not seem to expense .of the judicial'Y of the United States. commit himself as to whether he believes such a state of things to ex Mr. GIBSON. Ifthe Senator from Massachusetts will permit me, to ist, but he quotes the testimony of witnesses. Among other things he place a man on inquiry, to assume that there is something wrong in · said that there was not a respectable white Republican in the State of the character of a citizen which should justify his fellow-citizens, his Louisiana who did not state that the elections in Louisiana ere unfair. neighbors or friends in instituting an inquiry into his character or his Mr. HOAR. No; I did not. . I said I did not believe there was. life, creates of itself a suspicion that there is reasonable groqncl to be Mr. EUSTIS. I dislike to correct or to challenge the· testimony of lieve that he has done wrong; and to frame a bill to put whole com Republican witnesses, but I will make the statement that at the elec munities under inquiry and investigation in re pect of their conduct, tion in 1 84, as regards the election of President of the United. States the manner in which they enforce their laws-- and Representatives in Congress, the election in the State of Louisiana :Mr. HOAR. How does this bill do it? was as fair as in the State of Massachusetts. Mr. GIBSON. It authorizes the district jndges-- Mr. HOAR. I hope it was. 1\Ir. HOAR. The Senator mistakes the character of the bill. 1\Ir. EUSTIS. I know it was. l\Ir. GIBSON. It authorizes the district judges to make inquiries Mr. HOAR. I hope it was. into all these proceedings and to report them to Congress. Mr. EUSTIS. Therefore I am surprised that the Senator has insin- .Mr. HOAR. The bill·provides-- uated otherwise. . . 1\Ir. GIBSON. Ifthe Senator from :Massachusetts will permit me Mr. HOAR. The Senators on the other side of the Chamber are very The PRESIDENT pro tempore. Does the Senator from :Mas aclm- hard to please. First they criticise me for making a charge, and when setts yield? I point out to them I did not make it, but merely said this belief was :Mr. HOAR. Certainly. entertained, then they criticise me for not making the chn.rge and say Mr. G'IBSON. I desire to call the Senator's attention to that prin I am merely quoting the language of witnesses. ciple in human nature which will always impel certain men in com· 1886. CONGRESSIONAL RECORD-SENATE. 78S7 munities when they receive invitations from a powerful political or That the House recede from its disagreement to the amendment of the Senat-e numbered 3, and agree in lieu thereof to insert the following: "4,000; " and the ganization to account for t4e shortcomings of that organization in that Senate agree to the same. political community. That the House agree to the insertion, after the word" office," on line 8 of the It is an invitation-which many men construe, without a very gra\e joint resolution, of the following: ''And that l,OOOcopies be printed aud mount-ed, to be sold under the direction of the Secretary of the Interior, at Sl.50 e-ach;" senseofresponsibility, to pickup thecurrentrumorswhicharecirculated and the Senate agree to the same. in the community, the neighborhood scandals, to become scavengers in That the House recede from its disagreement to'the amendment of the Senate the community, to weld them together·and present them as they would numbered·4, and agree in lieu thereof to insertthefollowing: "10,125;" and the Senate agree to the same. gra>e charges against respectable citizens of the community. The Sen That the House recede from its d,isagreament to the title of the joint resolu: ator from Massachusetts will remember the effect which the Lion's tion as amended by the Senat-e; and ngree fu lieu thereof to insert the following: :Mouth at Venice had upon that community during the reign of the ".Joint r-esolution to authorize the Commissioner of the General Land Office to cause 7,500 copies of the map of the United Stales and Territories to be printed;" oljgarchy. and the Senat'? agree to the same. Mr. HOAR. Mr. President, I can not yield further. CHARLES F. l\1ANDEP.SON, Mr. GIBSON. It was a perpetual and standing invitation to every JOS. R. HAWLEY, A. P. GORMAN, man to become a witness against his neighbor. Managers on the part of the &nato. Mr. HOAR. I do not yield. · .T AS. W. REID, . 1rlr. GIBSON. And this, in my opinion-- JOHN 1\f. FARQUHAR, Mr. HOAR. I do not yield to the Senator for a long speech. P. DUNN, The PRESIDENT pro tempore. The Senator from Massachusetts de Manage1·s on the part of the House. clines to yield further. The report was concurred in. Mr. GIBSON: I do not wish to trespass upon the Senate or the ENROLLED BILLS SlGNED. courtesy of the Senator from Massachusetts. I supposed he was yielding. .A. message from the House of Representatives, by Mr. CLAnK, .its Mr. HOAR. I yielded for~heSenator's question and his cxplanat.ion. Clerk, announced that the Spea.ker of the House had ~igned the follow Mr. GIBSON. I have given it. ing enrolled bills and joint resolutions; and they were tl1erenpon signed Mr. HOAR.· But the Senator is making a comment on the bill which by the President pro tempote : . shows that he has not read it. It is the ordinary case which provides A bill (S. 201) to provide for the erection of a public building in the everyWhere for a coroner's inquest, except this is to be done under the city of Annapolis, Md.; direction of the judges of the United States in instances which are under .A. bill (S. 2056) to amend the pension laws by increasing the pension the cover of our national constitutional protection; and it simply says of soldiers and sailors who have lost an arm or ::11 leg in the service; that when a man is killed or injured seriously in body or estate and A bill (S. 2609) granting a pension to Emily J.•Stannard; three citizens petition the court and set forth that that is done on ac A bill (ll. R. 822) for the relief of William H. Wheeler; count of his race or political opinion, the j ndge shall ascertain the A bill (H. R. 6664) to increase the naval establishment; · facts. The Senator from Louisiana has not been ignorant that whethe1· A bill (H. R. 8585) to provide for the inspection of tobacco, cigars, true or false investigating committees by the hundred almost (one or and snuff, and to repeal section 3151 of the Revised Statutes; two of which you have been chairman, sir, two of which I have been Joint resolution (H. Res. 87) providing for the printing and d.istri chairman, and one of which the Senator from Colorado [Mr. TELLER] bution of documents of the monetary conferences of 1878 and 1881 and was chairman, and so on) have _reported that such things exist, and the report of the monetary commission created under the joint resolu- rumors are in the press, and they are going on now; and how any Sen tion of August 15, 1876; and . ator, when it is asked to substitute for the future for this kind of polit Joint resolution (H. Res. 201) for printing report of Commissioner ical investigation the calm and quiet of the judiciary, can get up an.d of Agriculture. · say why you are indicting a whole people, passes my comprehension. "' Mr. GIBSON. The Senator confesses that it is a political consider FORTIFICATIONS APPROPRIATION DILL. ation. J:\fr. DAWES. I move that the House of Representatives be req nested " Mr. RIDDLEBERGER. Mr. President- to return to the Senate the bill (H. R. 9798) making appropriations ior The PRESIDENT pro tempore. Is there objection to the further con fortifications and other works of defense, and for the armament thereo.t; I sideration of the resolution? for the fiscal year ending June 30,·1887, and for other purposes. _ 1\fr. ALLISON. I think I shall object for a moment. The motion was agreed to. · Mr. RIDDLEBERGER. I would have supposed an objection would have come just at this time. MARY J. NOTTAGE-VETO ~IESS.AGE . Mr. ALLISON. I do not object. I yield to the Senator from Vir- Mr. BLA.IR. I move that the Senate proceed to the consideration g:tma. I did·not.know that the Senator wished to make any remarks. of the bill (S. 2005) granting a pension to l\Iary J, Nottage, a vetoed Mr. RIDDLEBERGER addressed the Senate. [See Appendix.] case. Mr. BLAIR. Mr. President- The motion was agreed to. Mr. SPOONER. I wish to ask the Senator from Virginia a question. The PRESIDENT pro ii'11Tipore. The bill is before the Senate, and The PRESIDENT pro tempote. The Senator from New Hampshire the question is, Sha;ll the bill pass, the objection of the President of has been recognized. the United States to the contrary notwithstanding? l\Ir. BLAIR. I object to the further consideration of the resolution :M:r. BLAIR. Jrlr. President, the bill now before the Sei;tate is one at the present time. · of the ~wenty-fi~ private pension act.s originating in the Senate which The PRESIDENT pro temp01·e. Objection is made, and the resolu have been vetoed by the President of the United States, thevetomes tion goes over. sages having been referred to the Committee on Pensions and returned REPORT OF CO:ill\IISSIONER OF AGRICuLTURE. for action by the committee to the Senate. Since then I think two Mr. MANDERSON submitted the following report: more vetoes have been received, which are in possession of the com mittee. The reports of the cop1mittee and the views of the minority The committee of conference on the disagreeing votes of the two Houses on the amendments of the ·senate to the joint resolution (H. Res. 201) for printing COYering the general considerations touching all these veroes are before the Report of the Commissioner of Agriculture, having met, after full and free the Senate. They are in the form of ordinary printed reports, and they conference have agreed to recommend and do recommend to their respective are also to be found printed at large in the RECORD of last Saturday's Houses as follows: • · That the House recede from its disagreement to the amendments of the Senate proceedings, the RECORD of August 1, to which Senators can refer if numbered 1, 2, 3, and 4, and agree to the same. · they desire. CHARLES F. MANDERSON, I had contemplated in my remarks to the Senate upon this or some .TOS. R. HAWLEY, A. P. GORMAN, . other case a somewhat extended discussion of these vetoes, the causes Managers on the part of the Senate. apparently which have led to this action on the part of the Executive, JAS. W. REID, the effect it has had on the country, upon public sentiment,.theappar JOHN ~L FARQUHAR, ent effect it has had npon pending legislation, general legislation touch W. H. HATCH, Managers oy. the jJart of the House. ing the pensions which have been granted and on which it has been The report was concurred in. proposed to give to our soldiery and to their dependent relatives. It certainly has had this effect, that general legislation, providing sub UNITED STATES MAP. stantially for all the grievances which have been alleged by our sol Mr. -:MANDERSON submitted the following report: diery, has been arrested in its progress; and in the other branch of Con The committee of conference on the disagreeing votes of the two Houses on the gress, where apparently these bills were passed to a rapid and to a amendments of the Senate to the joint resolution (H. Res. 160) to authorize the Commissioner of the Genera:I Land Office to cause 15,000 copies of the map of the · favorable consummation, we now find them locked up as with a clamp United States and Territories to be printed, having met, after full and free con and an end put to their progress for the present. ference have agreed to recommend and do recommend to their respective Houses But the approaching close of the session and my extreme anxiety that as follows: That the House recede from its dL'>Rgreement to the amendment of the Sena.t.e there shall be action upon some of these cases, in order that the sense numbered 1, and agree in lieu thereof to insert the following: "7,500;" and the of the Senate may be tested to see whether it is possible to obt.ain ac Senate agree to the same. · . tion such as will override the veto in any of these cases upon their merib:l, That the Hous-e recede from its disagreement to the amendment of the Senate numbered 2, and agree in lieu thereof to insert the following: "2,000; " and the will preclude any att.empt upon my part at general discussion. I will Senat-e agree to the same. · only &"\y that so far as I am personally concerned I have taken occasion 7888 CONGRESSIONAL RECORD-SENATE. AUGUST 3, fu such of the reports to which I have alluded and in the preparation life insurance, and he was carefully and fully examined by the officers of which I have been concerned to give my views at length. of the 1ife insurance company, pronounced a good subject, and insur . I desire to call immediate and particular attention to the facts in this ance upon his life was effected. The evidence shows this conclusively case, and before so doing I wish to state the exact form in which the and fully. · question is presented to the Senate. It is a bill upon which both branches In addition to the testimony of the family physician, in addition to of Congress through their committees have passed favorable judgment, the testimony of the officel'S of the life insuramce company who testified and so far as it was possible for them to do so ha.ve redressed the griev to the examination and to the insurance just prior to the enlistment, ance of Mary J. Nottage. The bill then goin~ to the Executive met there is the further fact which by several bills which have passed,.fust with his veto. The facts in the ease are none of them different as they the one and then the other branch of Congress, is held to be conclusive come from the Executive from what they were as considered by the in the general judgment of Congress-the fact that he was actually two Houses of Congress. There is, in other words, nothing new·in the mnstered' in and accepted as fit tor the service by the officers of the case. There is nothing new in this case as it is presented to the two United States. This I think the Senate must accept as conclusively Houses of Congress, nothing difterent from what appeared in th& case establishiug the fact of physical ability to render the service at the as it was considered by the Pension Office itself. So from the begin time of the muster-in. ning.of the consideration of this case, from the time when it was first As I s..1.id before, there is no tra-ce of any evidence further tha,n I have decided in the Pension Office until the present moment, there is no in stated bearing upon the physical incapacity or disability of "this man creaseJ there is .no accumulation, there is no change in .the evidence prior to his muster-in. itself. With reference to the service act.ually rendered by him, as I stated, · TotheStmate the question presented is this: What ground for a change be was mustered in in the summer of 1861; be rendered about fourteen of action is there so that we are at the present time called ·upon to pass months' service, and was discharged in the month of September, 1862. a difterent verdict upon these fact-s from that which we did when we The evidence shows that during this period of time he performed his originally passed.the bill and sent it to the House for its consideration? duties as a soldier acceptably. · His officers and others have testified That is the real question, the only question that is now presented to as to his efficiency and high character and to his good desert as a soldier the Senate. AP, I stated before, there is neither increase nor diminu in the Army of the Union. tion in the evidence itself, and if the Senate now changes its judgment The captain of his company, who is now an officer in the regular it cannot befromanyother consideration save that the Executive, upon Army, Capt. James F. Rundlett, a man who by his gallantry; good the same evidence, upon the same state of facts, has come to a different conduct, and good character while in the volunteer service was after conclusion from that which was reached by the Senate, and which was ward acce:vtecl in the regular Army and has been in the regular Army also reaehed by the Qther House. e,·er since, says Nottage was always a good soldier, He states this I may say further that this case came from your committee to the substantially, and he s..1.ys in his certificate of discharge as follows: Senate with a unanimous report; that this case went through the Sen He was bot·n in Quincy, in the State of Massachusetts; is thirty-one years of ate and to the House of Representatives without opposition, with the age, 5 feet 10 inches high, dark complexion, black eyes, black hair, and by occu pation when enlisted a bGotma.ker. During the last two mouths sa.id soldier unanimous indoiSement ofthe Senate; that the.r:e was no opposition so llas been unfit for duty thirty days. Sergt. Thomas Nottage, jr., has been sick far as I know in the other branch of Congress; that it has had the unan much of tho time since enlistment with gravel complaint. Although always imous approval in committee and in the action of the two branches willing, his services are ever uncertain. upon the facts as they appear now and as they always have been before The certificate of the physician upon which the discharge is made is the Senate. to this effect: That, sir, is the precise issue,-and the form in which the question is I certify that I hn.ve.carefully examined the said Sergt. Thomas Nottage, jr., presented to us for consideration, and that form in constitutional lan of Captain Hundlett.'s company, and find him incapable of performing the duties oT a soldier, bec,:mse of lithier renalis arenosa, which has troubled him several guage, is stated thus: Shall the bill be passed, the objections of the Pres years, and now increasing. He has passed stones several times since in serv ident to the contrary notwithstanding? ice, and been under treatment. A few days since two passed as large as small· To come a little closer to this pa.rticular case, it is one in which there sized peas, attended with the usual symptoms. is no conflicting evidence whatever-not a particle. It is a case where These ex tracts from the testimony I read at this time in order that there is no question raised of the respectability of the applicant or of the strongest possible presentation may be had to the SenB.te of what the deceased husband, and there is·no contradiction of the testimony ever testimony there is indicative of any physical unsoundness at the of a single witness that is in the case; so that it .can not be claimed time of the muster in. The captain of the company says, as I have that he1·e is a different finding upon matters of fact by 1·eason of con stated, that he bad been sick much of the time since enlistment with flict of testimony. Every witness stands unimpeaehed; every fact that gravel complaint, and the surgeon of the regiment makes a statement is proven at all is proven without con~radiction; and thus it is tha.t if 'vitb reference to the difficulty under which he was then suffering and _upon· an examination and review of this evidence, every particle of on account of which immediately he was discharged.. · which is in print before the Senate, the several propositions which it But there is not in the testimony anywhere any trace of the origin of iS necessary to maintain in order to establish a claim for a pension are this difficulty prior to his entering the service.. Here is the gratuitous established at all, if there is the necessary unimpeached evidence to statement by the surgeon of the regiment that the difficulty had been establish these propositions, they must be accepted by the Senate for of several years standing, but there is no evidence of his acquaintance the reason that there is no contradictory testimony whatever. · with the man, and there is no testimony from any other source that As I said before, all the parties in the case are of the highest respecta any difficulty of this kind existed prior to the service. bility. There is no reason for impeaching a single witness. There is I call the particular attention of the Senate to the point that how no reason whatever, no testimony, no suggestion from any source that ever this may have been, and whether. it was the fact or was not the this is a bogus claim; tbatthereisanythingwrongaboutit; that there fact, he was discharged by reason of this existing difficulty at the time, is any assertion throughout the testimony of any question of fact which and that t.bat was not the cause of death. The cause of death alleged is is to be contradicted, or any witnesS whose truthfulness, whose up consumption, and that consumption is traced to the service by other rightness and reliability is in ·any wise to be impeached. It is that evidence. The claim of the widow to her pension is based upon the character of a case which it is now for the Senate to consider. death of the husband by reason of consumption, :which was the result . Mary J. Nottage is thewidowofThomasNottage. Thomas Nottage of other diseases, other dis:l.bilities contracted in the set·vice from which was a soldier of the Third New Hampshire Regiment. He enlisted he never recovered. · the 31st day of July, 1861. He was musteredinafewdayslater. He So this testimony, which is all that can possibly be relied upon from was in the service nearly fourteen months. Practically he was in the any source or which can be drawn from anything that is in the case it- . service somewhat longer, but he was discharged on the 15th day of Sep self, is entirely aside of the mark, and unless it may have contributed tember-of the year following the 31st day of July when he enlisted. of itself it is not claimed that the ultimate result of consumption is in He was a man of excellent character. He enlisted as a private. He no wise connected with the cause of death which is the basis of the claim rose to the position of a sergeant. for pension. A13 I have stated before, in the testimony there is noth The first question which would arise in the establishment of the claim ing to show that disease originated prior to the service, but on the con of the widow to a pension which is derived from the service of her de trary there is much in the testimony tending to show that it was itself ceased husband is as to his soundness and fitness for the service at the the result of the service, the gratuitous st.'\tement of the acting assistant time he was mustered in. Upon that point there is no· contradictory surgeon that it had troubled him for several years not being in itself testimony whatever. In the year 1853 he took the only sickness of in the nature of evidence, for there is nothing to lead to the supposi which there is any account in the evidence or from any source what tion that the assistant surgeon had any previous knowledge whatever ever prior to his muster-in. Then he had a lung fever. He was treated of the soldier himself. by a regular physician, who made him some :fifteen visit.s, as I recollect Passing that point and coming-to the evidence which bears directly the statement of the evidence. He was thoroughly cured; and the same upon the origin of the consumption which was the cause of death,_the physician who was the family physician of his father and.of this man surgeons of the regiment are both dead. It was impossible for the also for some forty years says that he was thoroughly recovered, and claimant to produ~e testimony of a medical character in regard to the that he was sound and well at the time of his enlistment; and had" condition of this man while in the service, the treatment being by the there been anything to the contrary his relations with the family were surgeons of the regiment in regimental hospital, a very common occur such that he would have known of it. rence, as every one familiar at all with the service well knows. Hence it is not to. be charged to this account as showing any improbability as 1 In the year 1860, the·. enlistment being July 31, 1861, he applied for ~- -~ - 1886. CONGRESSIONAL RECORD-SENATE. 7889 to the facts in tbis case; and there is no general hospital record .of his service, and advised him to apply for a pension to which he believed, disabilities. As I said before, the medical evidence of the surgeons of him to be· entitled. ·- • the regiment it is impossible to produce by reason of their death. . I cn.ll attention to this because it is sometimes urged against the claim The practice of the Pension Office and the law of course under these ant for a. pension that those entitled to it have allowed years to elapse citcumstances give us recourse to the testimony of non-professional without application. Itseems to be understood by some persons of this persons! or non-expert testimony, that is to say the testimony of ordi country that it is utterly impossible that there sho1;1ld have been any nary witnesses. I read :first a statement by Mr. Copp, who was the delu.y to make application for a pension when the party believed himself adjutant of the regiment. He swears that he was the adjutant of the to be entitled to it. But the contr"..ry is the fact, and any one familiar Third Ne Hampshire Volunteers: - with the pension record.:~ of this country and the many soldiers and offi.- - cers who have not made application for a pension at all knows that the That! was well acquainted with Thomas Nottage, sergeant in Company F of said regiment; that I have a distinct recollection of the serious sickness and most patriotic moti-ves have, as a rule, been the reason why _these ap inlfmse suffering of said Nottage during the summer of 1862, while the re~i plications have failed to be made; and it is a pretty hard thing after ment was stationed at Hilton Head, S. G., the disease being chiefly from malaria the Government has profited and the people have profited by the-with and kidney trouble, and resulting in his discharge from the service for disa bility; that r was well acquainted with said Nottage at the time of enlistment, holding of pensions to which men have been entitled during all these and for some· years before, and know he was an able-bodied, healthy man; years, at last when they are obliged to have them or suffer, or where that I met him frequently since 1864. living most of the ~ime in the same city, their relatives are living in want by reason of their death, and have come and that he was out of health, gradually growing worse to the time of his death. forward and claimed a pension, that they should be refused a pension He says that he has no interest in the claim. Another witness I will for the very reason that they have been dilatory in enforcing their right,· read, Mr. E. P. Emerson, a man of high character and the agent of the when that failure or delay·has been the result of the same patriotic insurance company who effected the insurance upon his life. He says: reasons wbich took them to the war and which led them tO risk more I Edward P. Emerson, on oath depose ·and say that I reside in Nashua, N.H., for their country than ~hose who have nothing to do but simply to as and am the general agent for New Hampshire and Vermont of the New England sist in paying the bills. Mutual Life Insurance Company of Boston, Mas~ .• and I have access to the rec ords of said company, and the foregoing is a correct copy from said records of I now read the testimony of Jonathan H. Nottage, a brother of the the examination of ThomAs Nottage, jr, for life insirrance in said company, deceased soldier: and saidNottagewasinsuredinsaid company, and the said Thomas Nottage,jr., - I, Jonathan H. Nottage, on oath depose and say that I r~side in East Boston, was well known to me for twenty-five years or more, and was the identical Mass., and am employed iu the iron works at the United States navy-yard at Thomas Nottage, jr., who was a sergeant in Company F of the Third Regiment Charlestown, Mass., and have been so employ,ed about two years, and that prior New Hampshire Volunteers and who died in said Nashua some time in the theret-o I was assistant foreman, having charge of one room, for eight or nine month of .January, 1879. and I have no interest whatever in the claim of his years in said East Boston, of the Atlantic Works, and worked at the Hoosae widow for a pension; that I have no hesitation in saying said Nottage was Tunnel and in Nevada, and that I am a brother of Thomas Nottage, jr., late of sound and free from disease at the time of enlistment, and that from and after Nashua,N. H., andasergeantinCompanyF of theThirdRegimentNewHamp his discharge from the service aforesaid up to the time of his death he was sick shire Volunteers, who died January 8, 1879, and whose widow. Mary J. Nottage, and ill from exposure, hardship, and disease contracted in said service, and is an applicant for a widow's pension. That said Thomas Nottage, jr., incurred that he finally died i~ _co~equence thereof._ malarial poisoning in said service, and was-discharged in consequence; that Tills is the testimony of a witness who boo constant knowledge 6! when he came home in fall of 1862 he was very emanciated, weak, and ill·- the man before enlistment, after his discharge, and so on up to the time I call attention ~ this us the most particular history of the case that of his death. I now read the testimony of two comrades who were we have- with him in his company during his service, and who testified in re-. at that time he looked as if he could not 1i ve a month. He was a shoemaker by" gard to the origin of the disease and his treatment for disease while in trade, but duriDg that year did not gain sufficiently to work at his trade. He was suffering with remittent fever. In the latt-er part of 1863 or first of 1864 I the service: secured him a place in my room in the Atlantic Works, where no bard work Personally came before me, a justice of the peace in and for aforesaid county was required, he not being obliged to lift a pound, but had charge of a machine and State, Alfred P. Hayden, aged fort,y-two years, and Norman E. Cobb, aged where judgment and skill were required more than any bodily exertion. forty-seven years, residents of Nashua, in the county of Hillsborough, Stateot This was done wtth a full understanding of his case by the foreman. Here he New Hampshire, who, being duly sworn, declare in relation to aforesaid case as worked with me in my room until about 1871, and during the whole time I fa follows: vored him about his work so that he had no hard manual labor topcPform, and That they were members of said company (said Hayden, sergeant, said Cobb, this was because during the whole of said time he was unfit for any bard man private); thattheywell knew said Nottage; that he was in good health, robust uallabor, and remained so until he died, on account of his disabilities contracted and strong, and he remained .in good health until the summer of 1862; that in the service aforesaid; and after he left East Boston he went to Fitchburg, in the summer of 1862, while on Hilton Head Island, doing' picket duty, when Mass., and for a few months worked for the· Fitchburg 1\Iachine Company, at it came his turn to go on duty from Stony Plantation, where the company was, work similar to what he had done under me in the Atlantic Works. Following to White House Landing, he was unable to go, which was the first we noticed that work at East Boston he came to me at the Hoosac Tunnel, where I was of his being sick. He did some light duty.after. The regimental hospit~ was master mechanic in charge of the machines of the eastern division; here I gave with us in the Stony Plantation mansion. He was treated in said hospital. him light employment for a year or more, such as he could do, which enabled He had swamp fever, the result of malaria, and before the summer was out suf him to live without charity. His mechanical skill stood in place of muscular fered very much from irritR.tion of kidneys and bladder. He grew thin and pale exertion, of which he was incapable. His family had t.heir home at Nashua, N. and weak, and kept growing worse so that he suffered the most inteni'JC pain. H., where also his mother resides. His work at Fitchburg was of short dura His countenance became yellow,as though he had the jaundice. It was under tion, and was aft-er he left the Hoosac Tunnel. From 1873 or thereabouts be stood that he could not live but a short time unless sentaway; so that in the fall worked in the repair. shop of the Jackson Company about five years as he was of1862 he was discharged on account of his said disability. To our knowledge able, but lost a great deal of time, and finally became unable to work, and, grow he passed gravel, which was attended with much suffering. The surgeon of the ing worse, died January 8,1879, at said Nashua. During the last year he worked regiment, Moulton, was away North, sick. Assistant Surgeon Eaton attended for tbe Jackson Company he lost nearly half the time. said Nottage, and said B. F. Eaton is, weare informed, dead. We saw but little During all the years that he was employed he suffered a great deal, and fre of said Nottage after our return from the Army. quently kept about his business while he was suffering with remittent fever and We further declare that we have no interest in said case, and are not concerned general debility. He had piles anc;l became very weak and feeble, and had a. in its prosecution, and are not related to said claimant. cough ever after he came out of the Army on the slightest exposure to cold. I have no interest in said claim of a pecuniary nature, and only us indicated These two witnesses make oath to what I have read. I again read by my connection by marriage with the claimant~ she being my said brother's an additional certiiicate by Captain Rundlett, who enlisted this man, widow. observed his service, and was acquainted with him afterward. I read Signed and sworn to by Jonathan H. Nottage. what he says under date of July 30, 1884, in a letter to the Commis There is other testimony to :the same effect from witnesses who knew sioner of Pensions; and it will be observed that this is to be treated as him in the various places where he worked as he was able to be em testimony, he being an officer now in the serviCe and every such state ployed from., the time he was discharged until his death, all showing ment being understood to be upon honor and accepted as upon oath: his weak and emaciated and feeble condition and his frequently suffer Sm: The widow of the late Thomas Nottage, of Nashua, N.H., having applied ing from these diseases contracted in the service. The physician who to me for testimony with regard t-o her husband's service, to be used in support attended him at his death certifies: of her claim to be pla-ced upon the pension list, I hereby certify that at time of That during the years '73, '4, '5, and 6 he suffered from repeated attacks of enlistment of said Thomas Nottage in the Third R-egiment New Hampshire remittent fever, occasioned by malarial poisoning. Also from irritability of Volunteers be was well known to me and believed to be in sound physical con bladdei' with inorganic deposits, dition, and known to have passed all the examinations required of him prepar- atory to his "muster into service " . He had professional care from 1873 to 187!), the time of his death. He was enrolled in Company F, of the Third New Hampshire Volunteers. I This physician further says: was captain of said company; Nottage became a sergeant, and was discharged as such on surgeon's certificate of disability at Hilton Head, S.C., about the 20th of That in '77 (autumn) he had an ischio-vectal abscess, which culminated in anal September, 1862. · fistula, which never healed. That in the spring of '78 he had sore throat and llmow by personal knowledge that the said Thomas :Nottage was broken down congh, which gradua-lly increased, phthisis pulmonalia resulting. with faithful service, and that he was not discharged until i.t was evident to all that it was necessary to save his life. And from that disease as the culmination of all his ailments he I further certify that I met the said Thomas Nottage several times after the war _finally died on the 8th of January, 1879. at his home at Nashua, N. H., and always found him suffering from the effects Not to weary the Senate with too much reading of this testimony, of his service, and advised him to apply for the pension I believed him entitled to receive from the Government. all of which is printed and to be found in the report of the committee, From the facts known to me, I believe that his death was hastened from ef I will submit the case substantially upon this statement of facts. As fects of disease contracted during the war, and that his widow's claim is entitled I said in the first place, it is not a case open to suspicion. Nobody has to all consideration provided for like cases. raised a suspicion of this testimony or of tbis man, for he was a man of At this point in passing I call attention to this statement of the cap as good standing in the community as any of us. It is not a bogus tain of his company, still in the regular service of the country, that be ca~e. There is no contradiction of the testimony. It shows that the saw him several tiQJes after his discharge and prior·to his death. He man was a well man; that he entered the ser~ice and was· accepted as always found him suffeting from these -disabilities contracted in the a well man and served fourteen months; that when he was finally dis· XVII--494 7890 CONGRESSIONAL RECORD-SENATE. AUGUST 3, -charged it was for a disease which pursued him, to be sure, the restofhis There have been great and notable discussions in this country with life, but was not the disease from which he actually died, but that the I>egard to the veto power. Great men have differed as to how and when , disease from which he did die, consumption, was the natural and inevita it ought to be exercised by the Executive; but I undertake to saythat ble result of remittent fever, of swamp fever, of kidney complaint, the in all these discussions it has never been claimed by any one that it piles, and other things which he contracted in the service, which left should be exe~sed as the Executive has seen fit to use it during tile him :m enfeebled ~nd emaciated and broken-down man from the day present session '6f Congress. The veto of pension bills is unprecedented of his discharge until the day of .his death, all these diseases in their in our history. future tendenc~ as :my man of common sense, to say nothing about a I hold in my hand a little table which I have prepared of the num medical expert, knows, tending so to enfeeble the constitution as to ber of vetoes prior to this administration, giving each administration result in the disease of which he :finally died-consumption. and the number of vetoes in each administration. Up to the commence · :M:r. President, these are the fa{)ts in the case. The widow I do not ment of the present administration the veto power had been exercised need to say anything in regard to further than that she is a woman of one hundred and nine times, a little more than :m average of one a year. respeotability, that she was left alone without any property and with John Adams did not exerciSe it at all. Neither did Thomas Jefferson. two small children. She applied for the pension to which her husband John Quincy Adams did not exercise it. Van Buren did not exercise was entitled, as I believe, upon these facts, a pension for which he was it. It was not exercised during the administrations of Tayior and Fill urged by his commanding officer to apply during his lifetime, but for mom. It was exerc1sed but once by Abraham Lincoln. And yetprior which he failed to apply although he evidently was entitled to it as a to July 12, 1886, Mr. Cleveland had sent to Congress one hundred and matter of right. She applied for it after his death, being left in de three vetoes, and the additional vetoes since July 12, 1886, will, I think, pendent circumstances, and the applicatioll was rejected by the Com make up the number so that it will equal the number of the vetoes of missioner of Pensions. all Presidents who have gone before him. .Ai!. the :table may be of use As I have stated before, upon these facfB I believe the Commissioner I will insert it_in the REcoRD. It is as·follows: of Pensions should have allowed the claim. I admit, however, that upon a narrow, close, and technical, and illiberal construction of the Vetoes. law and of the evidence, if you please, it was possible to disallow this u:i claim.in the Pension Office. At all events, it was disallowed, and on Administration of- Pedod. ~ No. application being made for its reconsideratio~ its reopening was refused. ~ There was then only one remedy and that was for this woman to come with her case to Congress, and here it has been the universal rule ever Wn. hington ...... 1789 to 1797...... 8 2 since I have known anything of this class of legislation, ever since the Adarog, J ...... 1797 t.o 1801...... 4 Jeffer on ...... 1801 to 1800 ...... 8 records of the Government and the history of this legislation, ever since J',!adison ...... 1809 to 1 17...... 8 G the enactment of our pension laws, it has been the rule to give to the 1\Ionroe ...... 1817 to 1825...... 8 1 facts in the case a liberal, fair construction. Adarog, J. Q.: ...... 1825 to 1829 ...... 4 Jackson ...... - ...... 1829 to 1837...... 8 11 Wherever there is any taint of fraud, any indication that the claim Van Buren ...... : ...... : ...... 1837 to lMl...... 4 is, in common parlance which has come to be applied to many of these Harrison and '.ryler ...... 1841 to 1845...... 4 9 cases, a bogus claim, of course the closest scrutiny and the readiest Polk...... 18-.15 to 1849...... 4 3 '.raylor and Fillmore...... 1849 to 1853...... • 4 epulsion and rejection of such claims is exercised by Congress; but Pierce ...... 1853 to 1857...... 4 9 wherever a claim is made in good faith and seems to boa fair one upon Buch3.0nn ...... 18.:>1 to 1861...... 4 4 the merits, it has always been the tendency of Congress to give tho tes Lincoln ...... 1861 to 1865...... 4 1 Lincoln and Johnson ...... timony a fair, liberal construction, to give, in other words1 to these peo Grant...... ~ ...... }:& i~ . i~~ : ::::::::::::: ~ ~ ple the benefit of the doubt, if there be any doubt, in the case, rather Hayes ...... ,. .. . 1fr77 to 1881...... 4 12 than to give it to the people at large. Congress is by no means bound Garfield and Arthnl'...... _...... , ... 1 1 to 1 -...... 4 4 by the action of the Pension Office; it seems an absurdity· to lay down this proposition; and yet in nearly all the cases which have been veto-ed, I ~ in one which came in yesterday, thethoughtof the Executive evi~ently Cle"Vela nd ...... m•· ······················-······ ·· ...... :! 1.8S.3 to July 12, l886l ..... 103 iS that these cases are to be allowed or ought to be allowed or disal lowed under the state of the law and under the rules of action which I think it quite time to stop and consider fora moment, in all court govern the Pension Office itself. esy and with all kindness to the Executive, whether such an unusual But I understand quite the contrary in regard to the rule which should exercise oft.he veto power is not one never contemplated by the Consti govern Congress. These cases come to Congress when disallowed in the tution. I agree that there is no absolute, express limitation of the Pension Office for the very reason that a remedy should be afforded, veto power in the Constitution, but I hold that, though it may have but on account of the restrictions which are imposed upon a mere ex been exercised within its letter, the spirit of the Constitution has been ecutive or administrative officer he is unable sometimes to afford that violated in its exercise, and ''it is the letter which killeth, but the relief which, under the equitable powers and those powers of general spirit giveth life." legislation which exist in Congress, should be afforded in order to do I hold further that while there may be no express limitations upon justice to the applicant. Under these general legislative powers to do the use of the veto power by the President, there must in the nature justice it seems to me that this bill ought to pass, vetoed, as it has been, of the case, there must in the history of its origin and from a consid evidently, from the reading of the veto message itself and the veto mes eration of the other provisions of the Constitution, be, and there is, a sage.3 generally which have come before us, under an impression that moral and equitable limitation upon the exercise of the veto power by Congress should be bound by the same state of facts that applied tore the President. In other words, the President who conceives that he strict the action of the Pension Office. It seem..c:; to me tl;lat the veto should veto e>ery bill which as a member of the Senate or of the ought not to have weight with the Senate in its decision of this case. House he would feel called upon to vote against has mistaken entirely That it is one of justice I think must strike every Senator who has ex the purpose of the >eto and the circumstances under which it was in amined the facts. It is not open to suspicion. A poor woman left with tended tbat it should be e."\:ercised. nothing save two children, with no helper but God and the American In reply to this it is said that the Constitution provides that "every Congress and the American Executive, this law-making power, ~t does bill which shall have passed the House of Representatives and the Sen seem to me that this case is entitled to the necessary two-thirds' vote ate shall, before it becomes a law, be presented to the President of the to pass it over the executive veto. I submit the case. United States; if he approve he shall sign it, but if not he shall return Mr. PLATT. Mr. President, ~hen the vetoes of the President of it, ·with his objections to that House in which it shall have origi the United States began to rain upon Congress like hailoutofasummer nated." cloud, I was led to make a somewhat critical examination of the cir I n discussions which have gone before it has been attempted to lay cumstances under whidh the power called.the veto power was given to emphasis upon the words "if be approve he shall sign it," as if it was the Executive in the convention which framed the Constitution and of an argument to the effect that whenever the President examining a bill ' the circumstances under which it has been exercised by Presidents of felt that if he were a member of the Senate or of the House he would the United States prior to the accession of Mr. Cleveland, and I came be compelled to voto against it he was, under the Constitution, com to the conclusion that, while the present Executive is undoubtedly pelled to veto it. But manifestly that can not be so. within the letter of the Constitution in the manner in which he bas ex In the first place, this veto power is in no sense a legislative func ercised this power, he is entirely outside of the spirit of the Constitu tion; the President has no legislative power whatever. All legislative tion in that exercise; I had intended, and I should be glad now if tinie power is conferred upon Congress~ and that is the very :first sentence permitted, to go somewhat at length into the history of the origin of in the Constitution of the United States. Article 1, section 1, clause this power, into the history of its exercise, citing the views not only of 1, says: ''AU legislative powers herein grant-ed shall be vested in a the 1athers of the Republic, but of all the great men who have preceded Congress of the Uni~d States, which shall consist of a Senate and the present administration, and the views of Presidents who have ex House of Representatives.'' ercised this power, for the purpose of showing that in no instance has The President then has no legislative function, no legi'3lative power. it been claimed that the veto power should be used as it is being exe.r The exercise of the veto is not a legislative function. I know that the cised by the present incumbent of the office of President of the United Executive has somtimes been spoken of as an independent power or State.s. factor in legislation. I know that in 1879 the Democratic papers accused ._ - ·-· -- · ~·-· 1886. CONGRESSIONAL RECORD-SENATE. 7891 General Gadield, when in the House .of Representatives, of saying that protect against the invasions of the Legislature: (1) the right of the Exec~ve, (2J of the judiciary, (3) of the States and State Legislatures. The present. IS the the President was an indepenaent factor in legislation, and then pro case of a right remaining exclusively with the States, and .consequently -one of ceeded to comment upon and denounce the statement. It was a mis those intended by the Constitution to be placed under its protection. take; General Garfield did not say it. It must be added, however, that unless th~ ~;resi_dent's mind on a vie~ ?f everything which is urged for and against thiS lnll, L<; tolerably clear that It 1s All legislative power is vested in Congress, and if 11; be established unauthorized by the Constitution; if the pro and the con hang so even as to ba.l that the President of the United States may properly TeTo any and every ance his judgment, a just respect for the wisdom of the Legislature would nat bill which is submitted to him for approval which as a.-legislator he urally decide the balance in favor of their opinion. His chiefly for cases where they are clearly misled by error, ambition., or interest., that the Constitution has might not •;approve," then the legislative power which is declared to placed a check in the negative of the President. be vested in Congress is a snare and a delusion. If it be established that the President can by vetoing any and every bill which is passed There is Thomas Jefferson, the father of the Democratic party, as by the two Houses, having at his back a fadion of one-third of each we are told, who in the day and time of it, February 1, 1791, held that House, prevent legislation, then the day of majority rule in this Gov the veto was a shield provided by the Constitution to protect against ernment is over with us and the day of minority legislation has been the invasions of the Legislature as to the right of the ExecntiV"e, of the ushered in. judiciary, of the States, and the State Legislatures, and mentions -no When the Constitution says regarding the President ''if he approve other purpose which it was to serve. he shall sign," that word possesses another meaning from what it I am not going to go over the authorities, but I want to call atten would have if it were applied to were 1-egislati ve duty. · The President, tion to Mr. 'Vebster. In his speech at Worcester, on the 12th of Octo in considering whether he "approves" a bill or not for the purpose of ber, 1832, after the exercise of the veto power by President Jackson, affixing his signature, must remember that by the Constitution of the he said: The power of the veto is exercised, not as an extraordinary, but a an oTdi United States "all legislati-ve power" is committed to Congress and nary power; as a common mode of defeating acts of Congress not acceptable no particle of it is committed to him. He must-remember the circum to the Executive. stances under which the qualified negative was conferred and why it was And again in~ speech he said, referring to the use of the veto: given to the President of the United.States. He must remember that This practical innovatio:Q. Oil the mode of administering the Government so it was intended not to destroy the legislative power of Congress, but much at variance with its general principles, and so capable of defeating the as a check only in rare instances. most useful acts, deserves public -consideration. Its tendency is to disturb tbe haTlllony which ought always to exist between Congress and the .E.xeeutin>, ami Not having the time to elaborate this matter fully, I wish here in to turn that wbic.h the Constitution intended only as an extraordinary remedy these closing hours to enter my dissent against any such exercise qf the for extraordinary cases into a common means of m :::udng executi vc disc-retion veto power as we have seen during this present session of Congress. pnramount to the discretion of Congress in the enactment of laws. . I hope that at the next session I may be able at length, recurring to I .call attention to that paragraph from 1\fr. Webster, and I ask for tbe past, recurring to the adoption of our Constitution, to the views its application to the case now under consideration. Again: l\I r. Web of the fathers, of the great men of the Republic, to show that I am ster, as is well known, was in Mr. Tyler's Cabinet as Socrctary of right in the view which I now take. . . . . State, was one of the Cabinet officers, and the only one who did not I will call attention to -a. very few anthonties only at thiS t1me. I resign after Tyler's historical vetoes of the bank and the tarift', and Mr. shall probably not occupy .fifteen minutes in doing so. Webster in his speech at Boston, while still Secretary of State, the ex . First, in the convention which 1ormed t4e Constitution probably no ercise of the veto power having then become a burning question iu matter was more thoroughly discussed or more frequently discussed than American politics, said this: · tho conferring on the President a negative on bills with certain limita Gentlemen, in speak-ing of events that have happened, I ought to say, and tions. The word" veto" was then never heard. Itwas not then called will, since I am making a full and free communication, that there is no one of my "thevetopower." Thattermcameintous.esubsequently. Itwascalled .age, and I am no longer very young, who has-written or spoken more ag:tinst the nbuse and indiscreet use of the veto power than I han•. .And U.1ere is uo one then a qualified negative given to the President. On four separate oc whose opinions upon this subject are less changed. I presume it is uuiversully casions in that constitutional convention this matter was discussed at known that I have advised against the use of the veto powet· on e\·cry qccasion great length by the ablest and strongest men .in thnt convention; :first, when it has been used since I ho;ve been in the Cabinet. when the Virginia plan was under discussion in the convention as in Yet it was used by President Tyler to veto great measures only, committee of the whole; second, when it was reported to the house; measures which, in eomparison with these separate private pension bills, third, when the report of the committee of detail was made; and fourth, assume an impo:rtan.ce which would almost justi(y a President in the on the very last day of the -convention -just before the signing of the exercise of the veto powe1·. Subsequently, in the administration of document thewhole matter was discussed and discussed a.t length j and Tyler there was such univen;al indignation in reference to the manner I want to put on record here without referring to the debate this state in which he exercised the veto power that .M.r. Clay introduced in the ment that in all that discupsion but one man ever suggested that the Senate a proposed amendment to the Constitution making it necessary qualified negative of the Executive was to be used except in two in to obmin only a majority to pass a bill over the President's veto, and stances, those two being to defend the President when the Legislature almost the last speech he made in tile Senate of the Uuit~d States was should"tlncroa.ch upon tlie executive prerOoo-ative or upon the Executive upon this subject. I will not stop to read much, for the extracts would branch of the Government; and second, when a bill which he believed be so long that too much time would be consumed thereby in these to be clearly unconstitutional should ha•e been passed by both Houses closing hours, but he characterized the veto as a desp-otic power. of Congress. . There, there, was the secmity One single member only ofthat convention (Mason, of Virginia) when it was urged that there was no danger to popular government in be He said- and not in this miserable despotic veto power of the President of the United stowing this qualified negative on the Executi-ve, when it was urged States. . that it would be like the power of the monarch of Great Blita.in, a valuable power in repose-when it was urged that it would never be 1\lr. Cln.y bad already given his views of the -exercise of the veto exercised by a President except to defend the executive branch of the power in 1832, when he said: · Government or prevent the-passage of unconstitutional laws, it was The veto is an extraordinary power, which, though tolerated by the Consti to tution, was not expected by the convention to be used in ordinary cases. It was suggested by .Mr. l\lason, of Virginia, that it might be used for other designed for instancesofprecipitate legislation in 1;lllguarded moment . Thus purpose.q, that it might be used to "prevent the passage of unjust or restricted, and it has been thus restricted by all former Pre idents, it might not pernicious laws.'' His view found no support in the convention. be mischievous. During 1\Ir. Madison's administration of eight years, there oceurred but two or three cases of its exercise. During the last ad.mi nistration, That was the only suggestion which was made in the convention that I do not now recollect that it was once. In a period lit~le upwli.rd of three years, the Presidential negative could ever be used except for the two purposes the present Chief Magistrate has employed the veto four times. ''V e now bear It quite frequently,in the progress of measures through Congress, the tatcment to which I have already alluded. was decried even then as a power that the President will veto them, urged as an objection to their passage. which would lead to the establishment of ''one-man power'' in this country. All the debates in the convention ranged around the ques I bad intended to read somewhat at length but I will forego doing so. tion whether this qualified negative should be given to the President Now, sir, to go outside of the authority of men who ha.ve been poli for those two purposes and those two purposes only, with the single ex ticians as well as statesmen I want to refer only to Kent's Commenta ception to whi.ch I have alluded in t}le debate. l'ies and a single other authority. Kent in the fourth volume of his The first time tha.t it was thought of exercising this power was when Commentaries comments upon the origin and exercise of the veto power, President W a.c:;hington inquired of his Cabinet whether he ought to veto and in the twelfth edition, published in 1873, is appended this note to the bill establishing a national bank. l\Ir. Jefferson, his Secretary of what he had already written: • State, was opposed to the bank, and gave an opinion that it was. un This qualified neg-ative of the President has, in the progress of the adminis constitutionn.l. Mr. Randolph, the Attorney-General, and Mr. Ham tration of the Government, since the first publication of these commentaries. in 1826, become a very grave power, and applied, under the ordinary name of ilton, the Secretary of the Treasury, wrote opinions that in their j udg veto, with a familiarity which appears not to have been anticipated by the gen ment it was constitutional; but 1\fr. Jefferson, though opposed to the eration which adopted the Constitution. bank, believing it to be unconstitutional arguin_g against it and in What would the men who adopted the Constitution have thought if favor of a veto, concluded his opinion with some observations on the in their discussion about conferring this power upon the President question of whether the President ought to exercise that power, which they bad been told that in future years a President of the United States are very short and which I will take occasion to read, reading from would veto in a single session a hundred bills passed to pension the .Jefferson's Works., volume 7, page .560: ' disabled soldiers of the war, their widows and their dependent rela The negative of ·the· President is the shield provided by the Constitution to tives? -- . - 7892 CONGRESSIONAL RECORD-SENATE. AUGUST 3, I want to tum for a moment to the views of one whom I regard as Senate and House of Representatives, report it without amendment. I perhaps the· first, if not the first, among the first, of the:publicists of ask for its present consideration. this country, Dr. Francis Lieber. In his Political Ethics, volume 2, Mr. EDMUNDS. I o~ject. page 391, he says: The PRESIDING OFFICER. Objection being made, it can not be The veto question, in modern political law, can never be properly treated, ex considered at this time. cept as a part of the greater question of executive concurrence in the great po BILL INTRODUCED. Htical act of making laws. 'l'his concurrence is the primary question, the veto a consequence only. The concurrence, however, is, as it appears to me, one of Mr. DOLPH introduced a _bill (S. 2887) granting a pension to Polly those necessary conciliatory principles so indispensable in politics. But it must H. Smith; which was read twice by its title, and, with the· accompany-· appear, likewise, plain that the veto, being but incident to the concurrence, while the concurrence is the last finish given to a law, not the essential production and ing papers, referred to the Committee on Pensions. generation of it, which is the province proper of_the Legislature, ought to be used with the utmost caution, and only when it appears to the Executive that insur FORTIFICATIONS APPROPRIATION niLL. mountable ob~ta.cles are in the way of his sanctioning the proposed measure. A message from the Honse of Representatives, by Mr. CLARK, its Lest it should be said that I am to some extent reviving here the old Clet~, returned to the Senate, in compliance with its request, the bill Whig doctrine that there should be, there must be, in the nature of the (H. H.. 9798) making appropriations for fortifications and other works case and that there is some limitation to be placed upon the exercise of defense, and for the arm_ament thereof, for the .fiscal year ending of the veto power by the President, I wish to refer to two good Demo June 30, 1887, and for other purposes. · cratic authorities, President Polk and President Pierce. President Mr. DAWES. I ask that that bill be bid before the Senate at this Polk in his fourth .annnal message discussed at length this power, and time. from that message I take this passage which I commend to the present The PRESIDING OFFICER. The Senator from Tennessee has the Executive: floor. The power of the executive -.;·eto was exercised by the first and most illustri Mr. WHITTHORNE. I yield . . ous of my predecessors. and by four of his successors who P.receded me in the The PRESIDING OFFICER. The Chair lays before the Senate the ndministro.tion of the Government, and, it is believed, in no instance prejudi cially to the public interests. It bas never been, ~nd there is but little danger bill (H. R. 9798) making appropriations for fortifications. and other that it ev.,;r can be, abused. No P1·esidept will ever desire unnecessarily to works of defense, and for the armament thereof, for the fiscal year place his opinion in opposition to that of Congress. He must always exercise ending June 30, 1887, and for other purposes. the power reluctantly, and only in cases where his convictions m.nke it a matter · of st-ern duty which he can not escape. Indeed there is more danger that the Mr. DAWES. I move that the Senate insist on its amendments to President, from the repugnance he must always feel to come in collision with the bill and ;~sk a conference with the House on the disagreeing votes. .Congress, may fail to exercise it in cases where the preservation of the Consti The mo · "n was agreed to. . - tution from infraction or the public good may demand it than that he will ever exercise it unnecessarily or wantonly. • By un imous consent, the presid1ng officer was authorized to ap To the Executive who ·can send to Congress messages returning bills point tb conferees on the part of the Senate; and Mr. DAWES, Mr. without his approval, breathing executive sneers such as are contained in PLUUB and Mr. GDRllAN were appointed. very many of these messages, I commend this language of President l\LiRY J. NOTTAGE-VETO MESSAGE. Polk: T Senate resumed the consideration of the bill (S. 2005) granting He must o.lways exercise the power reluctantly, and only in cases where his convictions make it a. matter of stern duty which he can not escape. a pension to :Mary J. Nottage~ returned by the President of the Uni!,ed Then, President Pierce, when he vetoed the French spoliation bill, States with his objections. _ ·:Mr. WHITTHORNE. Mr. President, one thing I have been grati E:lid: fied with, that the acting chairman of the Committee on Pensions has It is apparent, therefore, that the circumstances must be extraordinary which would induce the President to withhold his approval from a bill involving no this morning in addressing the Senate on the subject-matter now pend violation of the Constitution. ing avoided crimination ::md recrimination. And yet a.Imost a_hundred of those extraordinary occasions have, in . Looking at the question whether we shall approve the reasons given ihe judgment of the present Executive of the United States, occurred by the President ofthe United States in making known to the Senate, at this Yery session-ninety-seven, the Senator from Colorado [Mr. in which it originated, his objections to the"pending bill, I ba~c to say that I believe the Committee on Pensions during the short acquaintance TELLER] says~ pension vetoes alone. I go no further with these au 1 thorities. I have cited them to recall to the attention of the Senate of I ·have bad with it, has been actnated by a single desire to do its duty the Unitetl States and the country the idea which has prevailed uni alike to the C<)untry and to. th~ applicants for· pensions. versally hitherto in the history of our country with regard to the -ex-_ r may add that I believe for that committee that lt is moved, as I ercise of this veto power. I have spoken of them to arrest attention, believe every man ought to be moved, by his sympathy for the unfor tunate, tor the widow and for the orphan; but I should be unjust to to su~est inquiries as to whither we are tending, as to whether power is to be centralized in the executive branch which was intended by the everybody if I did not say that standing_as we do as members of that Constitution to reside alone in Congress. · · committee, so likely to be moved by ou1· sympatbie.q, so easily approached · I do not stop to quote here the views of .Abraham Lincoln, of John, by those who know how to move us, and the com&ittee being composed M. Clayton. and of many other distinguished statesmen, Representa of a large number there is more or less of divided responsibility, and tives, and Senators who have discnssed this subject hitherto in the Sen then knowing as we all must know how liable it is on the part of hu ate and House Qf Representatives. If occasion shall offer at the next manity to err, it~ not to_be wondered at that with this divided respon session of Congress I will go more fully into the subject. sibility, with our liability to yield to sympathetic appeals, mistakes Mr. WHITTHORNE. :Mr. President-- shall be more or less committed. Possibly if the responsibility was - Mr. CULLOM. Will the Senator yield to me to make a motion? lodged on each ona there would not be the same liability to error or . Mr. WHlTTHORNE. Yes, sir. . . mistake. Mr. President, in the consideration of a Presidential veto it is right CENSUS REPORT. and proper tha~ honesty and correctness of motive shall be allowed upon Mr. CULLOU. On tho 19th of July a communication was received either side; and no case present-a itself, at least to my mind, which better from the Secretary or the Inte:cior, transmitting, in response to a resolu illustrates this than the pending case. I am frank to say to the Senate tion of the 15th instant, a report of F.ted. H. Wines, special agent of that in my own judgment upon the face of the case it is one of merit. the Tenth Census, on the defective, dependent, and delinquentclasses, I was not a member of the committee when the bill passed this body. which I ask to have referred to the select committee to make provision I was not a member of this body at the time. I came therefore to look for taking the Tenth Census, and ascertaining the results thereof, and at it myself without any prejudice, and I make the frank admission printed. It was refetred without printing. I ask that an order be that on the face ofitthecaseis notwithontmerit; ..and yet when I come made for the printing. . to look at the President's veto and to examine the President's collation The PRESIDING OFFICER (Mr. PALMER in the chair). That or and marshaling of the facts I am, as a· jnst man, in my own opinion at der will be made if there be no objecti.on. The Chair hears none. least, bound to say, I am compelled to say, that the objections made by RETURN OF COTTON TAX. the President are well founded. - What are they? Mr. WHITTHORNE. Mr. President, before commencing any re Before I go to that may I turn back for a moment to notice the ar marks on the pending question may I ask unanimous consent to take gument made b,r the Senator from Connecti"ut [Mr. PLATT] that the from the table a hill introduced by myself, being the bill (8. 2864) to President is violating his privileges and prerogatives as cordew~d by the return the tax on cotton collected by the United States in 1865, 1866, Constitution when upon a mere question of fact-r shall so put it-he 1867, and 1868 from the people of certain States of the Uruon, to be places his judgment against that of this body. That can not be so. held and used by said States for educational purposes, and refer it to The history of the veto power is the history of our -country. }\or yea.rs the Committee on Education and Labor. in the public opinion of the country there was-waged a contest over the The PRESIDING OFFICER. That request will be granted if there construction of this prerogative of the President such as belongs to only be no objection. The Chair hears none. · one other provision of the Constitution. In that contest were enlisted the best political talent and wisrlom of that age, in which it is said the EXTRA PAY TO EMPLOY FE. giant statesmen of the country :flourished. It was in the days of Web Mr. JONES, of Nevada. I wish to make a report. The Cor;nmittee ster, Calhoun, Clay, and others, and upon popular appeals after that on Contingent Expenses, to whom was referred the joint resolution (S. cont€st, commenced in the year 1832 and running down to 1844, the R. 80) providing 1or one month's extra pay for certain employes of the popular judgment and verdict was in thvor of a large 'ancllibe!:tl dis- - ~ ' I 1886. CONGRESSIONA-L RECORD-SENATE . . 7893 cretion on the part of the _Executive in tlie exercise of this power, and piles, he had kidney complaint, all these diseases, although they are not since that day that judgment of the country unappealed from stands as named in his clischarge. Nevertheless the evidence shows that he con the judgment of all parties. . tracted them in the service and that they pursuetl him and that they I might retort to the Senator from Connecticut and· point to him, if broke him down and that they drove him to consumption. It is not I spoke in the spirit of a partisan, that possibly the greatest exercise of necessary to establish the connection between the consumption which this power in mere special matters, individual matters, by any other killed him and the gravel with which he suffered at the time when he President than the present one was by him who has been as largely en was discharged. shrined in the affections of his countrymen as any other President we :Mr. WHITTHORNE. 1\Ir. P1·esident, it would strike the expert have ever had, to wit, General Grant. To be sure, hitherto in the history ancl the inexpert mind the same way I take it. of our country the veto power has only been exercised upon theoretical In 1880 his widow made an application for pension, alleging that he contracted propositions or political questions; but in the history of the country in the service ." malarial poisoning, causjng remittent fe,·er, piles, general de there has been very little of special and individual legislation. Special J?ility, consumption, !1-nd death." tmd individual legislation is largely the result of the last few years; and, Mr. BL.A.IR. It does not sa.y .that he was discharged for those, but f!ir, may I not appeal to United States Senators here to-day if they will that he contracted them in the service. · not agree with me that the great danger to popular institutions is the in Mr. WHITTHORNE. The discharge was for ''disease of the urinary_ creaseofspeciallegislation, or job legislation, orindividualprofitsecured organs.'' j by legislation that has permeated the municipal bodies of the country, Mr. BLAIR. That was wha.t he suffered from at th. r 7894 CONGRESSIONAL RECORD-SENATE. AUGUST 3, It will hardly be claimed by any one that the veto power was given If o. magistrate so powe1·ful and so well fortified as a British monarch would have scruples abont the exexcise of the power under consideration, how much t~ the President to clothe him with legislative authority; certainly not g'l"eater caution may be reasonably expected in a "President of the United States an authority equal t Can it be possible that the people ofthe United States will be satis· cept that the death of the soldier was not due to his military service, and the acceptance of this finding, after an examination of the facts, leads me to disap- fted with the jndginent of one man, and that his judgment must be prove this bill. (House bill 2043.) • final, unless that judgment is disappro-ved by the concurrent action of It is very clear to me that the Pension Bureau properly rejected the widow's tw~thirds ofboth'branches ofthe National Legislature? cla.im for pension fur the reason that the soldier was not in the line of duty at the date of his death. It is also impossible to connect the death with any inci- It is true it is but a negative power the President exercises, but it dent of the soldier's military service. · prevents the majority of the representatives of the people and States It will be seen from the foregoing that if the President is satisfied from putting intO L'lw the principles and ideas advoc... I 7896 CONGRESSIONAL RECORD-SENATE. AUGUST 3, ~ the services ofthe soldier are such as tomeritsuchafavor. He asserts do this in all cases, important and unimportant, is an impos ibility; that it is for him to determine whether theapplicantis disabled or not; and in some cases the character of the work would be of so little im and if disabled, whether he received such disability in the line of duty portance compared with the greater cases presented to the President or not. In a word, all questions of law and fact decided by Congress, tor his consideration that it would appear to be folly to attempt it. as well as Congressional discretion, must be reviewed by him; and that The founders of our Government did not intend he should do that. if he differs with Congress as t() law, fact, or discretion, he will veto It was supposed the President would devote himself to the great mat the bill. "For," he sa.ys, " I am satisfied there is not a particle · of ters of public interest, and that matters clearly intrusted to him ""ould merit in this claim, and no facts are presente~ to me which entit.le it occupy all his time. to charitable consideration." (Senate bill 1192.) The Romans had a maxim: Aquila non capit muscas-A.n eagle do~a Iftbe President is to pass on all questions of fact, questiqns of law, not catch flies. The President of the United States spending his time and supervise the discretionary power of Congress with reference to a on the facts in a pension case, endeavOTing to ascertain whether Con pension, why not in all cases of legislation? Surely there is nothing gress .bad determined th9 facts corr.ectly or not, involving $8 a month, in a pension case different from the many other questions presented for is \ ery like an eagle catching flies. ''Trifles ought not to engage the the actiGn of Congress. Shall we have a liberal general law in dealing attention of kings." Eagles should have bigger prey than flies. with our disabled soldiers; or shall we have a bard, harsh law, full of Questions of Jact necessary to be determined in a pension case not difficulties and technicalities? That is a question surely for Congress. infrequently require the skill of the medical fraternity, and are more Shall we give to the soldier, disabled in the public service, sufficient to likely to be correctly determined by a doctor than a statesman. keep him from the poor-house; or shall we give him a mere pittance :As I ha\e before said, the grmt and important interests intrusted by on which he will be unable to-live, is a question for Congress and not the Constitution and laws to the charge and control of the Executive, for the Executive. · as well as the many questions which he must of necessity make himself Shall dependent father and mother, deprived of the ca.re of their sons, familiar with, precludes the possibility of the Executive giving his at be cared for by Government, or neglected, is not a question for the Ex tention to the minor details of legislation; and the people neither de ecutive but for Congress. mand nor expect th~t he will attempt this, or spend his tjme in deter If it is true as to this class of legislation, it is as to all. To allow mining questions that a doctor rcceiving $1, 00 a year is better qualified that the President of the United St:..'l.tes may supervise the action of to determine than he. Congress in this class of cases is to allow him to do it in all others, and Important as the question may be to the claimant for a pension, the to put the will and judgment of one man against two-thirds of the rep people will hardly be satisfied that the Executive of sixty million of resentatives of the people and the States. If this is allowed Congress people shall spend his time to determine the pathological connection will sit to register the decrees of the Executive. The E.xecutive bas between chronic diarrhea and sore eyes, even if they shall be satisfied sufficient power with the immense influence his position gives him. that his conclusions are correct. He has social position; public favors to bestow. The Executive of sixty A. President should find enough to engage his .attention without at millions of people Will not be without great influence and control over tempting to correct errors of fact of a co-ordinate branch of the Gov Congress, anq if to that we add the right to use and the consent that he ernment in a matter involving less than $100 a year. do use the veto power to the extent indicated by tl;le President's vetoes, If these reviews and revisions were in the interest of an honest admin the whole theory of representative government will be changed; or, I istration of Government, to prevent the robbery of the public Trell§_uryor should say, will be at an end. to compel the observance of good faith on the part of the Government, It may be said that no great danger can come to the country by the there would be no complaint; but when the great affairs of State go unat veto of a few hundred private pension bills. That is true; and it is tended, when our foreign commerce receives little or no notice from the not contended that great harm will be done in that direction, but the Executi\e, wben our hardy fishermen on our northern coast arc insulted danger lies in the assumption by the President of a power that may, and plundered by a neighboring nation with scarcely a passing .remark when freely exercised, set at naught the will of the people as expressed from the Executive office, our financial affairs in a deplorable condition through their constituted .agency. and intrusted to a bank clerk,_ that the President may raise an issue with It is no answer to the objection of the assumption of power to say Congress on a question whether a soldier did or did not receive his dis that it is exercised only in cases of minor importance, and that because ability in the line of duty, or whether be was sound or unsound when of the insignificance of the consequences that must follow such exer the Government accepted and receh·ed his services in its great war, the cise, no danger need be apprehended. If the President ma.y supervise people have just cause of complaint. . the discretion of Congress in a matter of no importance, he may do the The people are slow to complain of their Chief Uagist.rate. He rep same in the most important legislation. In fact, the most. alarming rr. ents the sovereignty of the people as well as the States. No matter feature of this exercise of power, heretofore exercised with great caution who be may be, nor of what political party, for the time being he is en and only in matters of the gravest character, is the fact that the Pres titled to and receives the respectful consideration of all the people; and ident exercises this power in matters of trifling importance. Other if the respect that they owe to the Chief :Uagistra.te has induced silence P1·esidentsappeared to think it was a power given to beusedonly where on their part, it will be ultimately discovered that they do not want danger might come to the Republic by the legislation propo ed, either their eagle to spend his time catching flies. becanse the proposed legislation wa,s a violation of fundamen~l law or But does the President give to these vetoes of small pensions to our some great principle of government, and that the exercise of the reto di&.'tbled soldiers his personal attention? Does he attempt to ascertain power was necessary to the welfare of the people. l)y a personal examination of the proofs before the committees of the The President of the United States is charged with great duties, all House and Senate before he determines the question that must bavo clearly defined in the Constitutionofthe United ~tates. Itishi~dnty been determined in the affirmative by the committees of Congress be· to call the attention of Congress to the needs and demands of the peo fore the bills could :pass? ple. He must inform Congress of the condition of !he country as well It is said that the committees are the eyes and ears of Congress. It as its wants. . He is charged with direction of onr J;elations with other is through that source that facts are brought in an official wa.y to Con l!ations; be must make and submit to the Senate treaties concerning in gress. Who performs this service for the Executive? We know 9..S a tercourse and trade with all the world. He must rccei ve ambassadors matter of fi1ct that tho President does not gi\·e his personal attention and other foreign ministers, and see that the laws of the United States to these bills. A.s I have said, it is physically impossible be should are executed. AU thi!? involves labor beyond the strength of one man; · do so. , If he attempts it in one case be must in all. If one applicant and much of this he must do by his Cabinet and other officials. for special relief rccei'es the attention of the Executive in the consid All these matters are of great importance; worthy of the attention of eratic'.l of his claim, it is but jusb and fair that all others should. the greatest and best. How can he do all this and attend also to this This he can not do, even if be should devote himself, as it is claimed branch of the public service, intrusted by the Constitution to the he does, on the Fourth of July and other holidays to the examination House of Representatives and the Senate? of these bills. It was never intended that the President should review the action of The committees of Congress charged with the examination of these Congress as an appellant court reviews the findings of an inferior court. cases call on· the Pen. ion Bureau for the evidence filed in that bureau. It certainly can not be supposed that the President is charged with the Such eyidence is transmitted to the committees. The applicant files duty of investigating the action of Congress and determining the ques such other eviden.ce as be can get and all the evidence that can be pro- tion whether Congress did or did not err in a question of fact necessary . duced. The committees act, and when the bill pas es one House the to be determined as the first step in legislation. The utter in.~~racti evidence is sent to the committee of the other Honse, and when the cability of the President's doing this in an intelligent and satisfactory bill is ready to go to the Pre ident the evidence rccei ved from the Pen manner can at once be seen. If the President attempts this it must sion Bureau, and that only, is returned to that office. .Whatever may be admitted that he must do it in person. It would not comport with have been before the committee not received from the Pension Bureau the high character of the function he is performing to .allow it to be is not seut. When the President receives the bills be sends them to done by a subordinate. He certainly should not leave a matter of so the Secretary of the Interior, and be to the Commissioner of Pensions, much importance and delicacy to be performed by a clerk or a subor- for examination. dinate of any degree. _ Heretofore it has been t.he practice of the Department of the Interior The relation that ought to exist -between the ~resident and the co to examine only as to the form of the bill to ascertain whether it would ordinate hranches of the Government would preclude the idea, that such· or would not secure to the soldier what Congress by the bill evidently action could be reviewed by any one save the Pl'esident himself. To intended he should have. If eorrect in form it was sent back for ex- 1886. CONGRESSIONAL RECORD-SENATE.- · 7897 ecutive approval. The practice now is to submit the bill to clerical in more than $40,000 ec'l.ch hour. Every minute of time during the three spection in the Pension Bureau, and a clerk makes up a synopsis of the hundred and thirteen working days of the year there drops into t\le evidence in that bureau, which, with such remarks as he chooses to make, coffers of the Government nearly enough to pay the pensions of ninety is transmitted to the President with the bill. Thus it appears that private soldiers for a month, and had the President signed all the bills the discretion and judgment of Congress is subject to the review of an passed during the Forty-ninth Congress granting pensions to all classes inferior clerk in a bureau of the Government. It may be that the very of people who were supposed by Congress to be entitled to Govern clerk who has in the first instance examined and rejected the claim for ment aid the whole annual sum could be paid by the income of one pension passes on the question whether Congress ought or ought not to third of a day, and all that has been saved by the vetoes could be paid have granted a pension. by the income of the Go~rnment for one half-hour. Uany of the cases contain a large amount of evidence contradictory Surely a Go:vernment so great and so rich will not honor itself by · in character, requiring inuch time and patience to sift the truth from attempting to save in that direction. If there is necessity for economy the abundance of material which must be examined. it is not that kind of economy that sends the soldier to the pauper's The clerk being informed of the former action "of the bureau, even home or consigns his widow and children to privation and want. if he has had nothing himself to do with it, can readily, and in most It has been said that there are now within the walls of public poor-. cases will, without intending so to do, color the character of the synop houses seven thousand men who served the Government in the hour of sis so as to give the President an impression not warranted by the facts its danger and distress for the paltry wages of a soldier. If this be proven. true Congress has not been lavish in its grant of special aid to that de It is apparent by an examination of the several vetoes sent to Con serving class, whose claim on the Government is not for what they are gress that either the committees and Congress have been in error as to but for what they did. condition of the soldier, the service rendered, and all the material facts All communications between the executive and the legislative depart necessary and proper to consider in determining whether the relief ments of Government should be characterized with dignity, frankne8s, should be granted or not, or the President has been in error. and courtesy; free from contemptuous or discourteous terms. Witti~ Congress can quite as correctly determine what the facts are ina case cisms, sneel'8, criticisms, reprimands, or rebukes ought not to find place us the Executive. and it by no means follows because the President in an official communicatiQn-certainly not in a veto message. Ques vetoes the bill and asserts a different state of facts from that stated by tions of ''quorum" or the proper and orderly procedure of theJegis~ the committee in its report to Congress that the President is right and lative branch of the Government, not being subject to the review or the committees apd Congress wrong. revision of the Executive, are not matters either for his approval or An issue of fact is at once raised between the Executive and Con disapproval. Each House must of itself determine whether the bill gress. Who is to be the :final arbitrator? It must be apparent to all passed in accordance with the formalities required in such cases. that such a condition of affuirs ought not to be brought lightly about. I regret that the President appears in some instances to have departed Such differences between co-ordinate branches of the Government are from the rules here laid down, which I think have been studion:sly ob· not calculated to promote that harmonious relation between co-ordinate served by his predecessors. It is to be hoped that this has arisen from branches of the Government indispensable to good government. inattention on his part, and not intended us a discourtesy to a co-ordi~ If such differences :tnust arise they should only arise in matters of nate branch of the Government. ~ great importance and when they can not be avoided without grez.t det Keeping in view the rules that I have laid down in reference to the riment to the public service. character of communications between the different departments of Gov Fortunately itv our history controversies of this character have rarely ~ment, and desiring to keep within the spirit of that rule, I have not ever occutred, and then only concerning matters of grea.t public in attempted to impugn the motives of the Executive, nor to speak lightly . terest. of his work; but to point out the error int{) which he has fallen in sup If the President has doubts about a bill presented for his approval posing it to be his province to participate in le~rislation and his duty to he. should submit it to his Cabinet; and I doubt whether any of his review the action of Congress in matters of comparative unimportant illustrious predecessors ever sent a Yeto message to Congress that had details. not been submitted to his Cabinet. I hardly think from the insignifi MESSAGE FROll THE HOUSE. cance of the sums involved, as well ns the character of some of the A message from the House of Representatives, by Mr. CLARK, its messages transmitting these vetoes, that this rule has been observed in Clerk,. announced that the House had concurred in the report or the reference to recent vetoes. committee of conference on the disagreeing votes of the two Houses on Insinuations in the veto messages of the soldier's lack of soldierly the amendment of the Senate to the bill (H. R 7480) making appro qualities, a charge that his application was a scheme to rob the public priations for the construction, repair, and preservation of cerli..1.in public Treasury, would seem to be out of place in a case where Congress had works on rivers and harbors, ru1d for other purposes. declared that there was sufficient merit to justify the special interposi tion of Congress making provision for his relief. · rRESIDENTIAL APPROVALS. Justice to the applicant who was a soldier (whether he is entitled to A message from the President of the United States, by Mr. 0. L. a pension or not) should deter the Executive from speaking lightly of PRUDEN, one of his secretaries, announced that the President had on his service or sneeringly of his wounds or disabilities. It is bad enough the 2d instant approved and signed the act (S. 2794) ta amend an act that a soldier who has served his country and who believes he is en entitled "An net 1or the erection and construction of a public building titled ·to a pension should be refused that boon without accompanying at Oxford, Miss.," approved July 12, 1882. such refusal with insult and contumely. Accident, partiality, or geod MESSAGE FROll THE HO.GSE. fortune may elevate one man to high public station, while another with equal merit may remain in the humblest obscurity. The" differ Ames....~gefrom thellouseofRepresentatiYes, by Mr. CLARK, its Clerk, ence is one of station and not of worth. announced that the House requested the return of the bill (S. 2056) to Official elevation adds nothing of value to head or hearti and all offi amend the pension laws by increasing the pension of soldiera and sailors cial declarations of and concerning the great and respectable class of who have lost an arm ~r leg in the service. people who hold no official position should be couched in language im- RIVER AND HARBOR BILL. plying no inferiority or lack of moral worth in them. l!Ir. McMILLAN. I submit the conference report on .the river and Great injustice may be and doubtless has been done to worthy and harbor bill. deserving men, whose only crime appears to be in believing that.serv- . The PRESIDENT pro tempore. The report will be read. ice in the Army of the United States entitles them to receive a pension The Secretary proceeded to read the report. from the Government that they faithfully served, by the harsh language Mr. ·HOAR. I inquire whether the rule of the Senate demands that of the President in reply to these claimants suffering with disease and the portions of that bill which have been read already not only when disability that at least they claim were received in the service of the it passed the Senate but on a former report of a conference committee Government. They are entitled to courtesy and kindness at the hands should be read again, or whether only those portions shall be read of·every Department of Government. If they must continue in want which are affected by the former disagreement of the two Houses? and distress they at least ought not to be subjected to insults and con- Mr. EDMUNDS. The whole of this report must be read, of course. tumely at the hands of the officials of the Government that they did The PRESIDING OFFICER (Mr. HAWLEY in the chair). The their part to sa.ve and preserve. Chair thinks the whole of the report should be read. Contumely and reproach ought not to be heaped on them until there Mr. HOAR. I suggest that only the points of disagreement need be ' is better evidence of their misconduct than is a.fforded to the Presi- read. dent by the examination of a clerk in the Pension Office or a special Mr. EDMUNDS. Let the repart be read through. I did not hear examiner in the field. . any .of it before. I do not think it can be said that there has been reckless legislation Mr. HOAR. I desire to say that this bill was read through when it concern.ing pensions; certainly not beyond the ability of the Govern· passed. It is not the ordinary case of a bill amended in certain par ment to meet. With an overflowing Treasury, with an income greatly ticulars, but a new dranght of the entire bill was substituted .as one beyond the needs of the Government, there ought to be no complaint amendment. Then when the first disagreement took place that was ~ about lavish expenditures in the interest of our sick and disabled sol- read to the Senate, and now the Senate will have all the substance if diers, their widows or orphans_ · what is found in the conference report on those parts of the bill about The Government receives every week-day O\er a million of dollars, . which the two Houses have heretofore disagreed is 1·ead. I submit / 7898 CONGRESSIONAL RECORD-SENATE. AUGUST 3, that when a bill has been read twice it is pretty hard on the rest of the Mr. SEWELL. I should ifnink the presiding officer could strike his Senators to takeJwo or three hours to read it over again for mere form signature out. . because one highly respected and esteemed Senator absented himself Mr. EDMUNDS. The way that has been done, I think, hitherto from his seat when the rest of the Senate listened to it before and de ! remember one or two instances-has been that by a concurrent reso mands now that it shall be read because he has not heard it before. lution the enrollment of the bill was agreed to be canceled, both Houses Still, of course; it is within the power of any Senator to object. agreeing to it, and then the bill, of course, would be open to reconsider I ask unanimous consent that so much of the bill as is not the sub ation as an engrossed bill in whichever House it then belonged, and the ject .of disagreement be omitted in the reading. matter could be reached; but it certainly requires concurrent action of Mr. EDMUNDS. That is a most extraordinary proposition, Mr. both Houses to change the bill now that it is enrolled. Sometime3 by President. We do not know without reading this report whether this unanimous consent it has been qgreed to direct the Secretary of the Sen report contains the parts of the bill that were read before or whether ate or Clerk of the House to put in something omitted, but the correct it does not. This is not the report that was read before. It is a new way is by concurrent resolution to set ~ide the enrollment, and that 1·eport. It may contain, and probably does in point of fact, a very large leaves the bill open.· part ofwhat was read before and of which it was said there was no :Mr. SEWELL. That requires a concurrent resolution. point of disagreement. I certainly do not wish to insist on anything :Mr. ED~IDNDS. I know it. that will give any discomfort to anybody, but it seems to me that it The PRESIDENT pro tempore. . The Chair would not feel at liberty is a very dangerous way to legislate, havinga new report here, to leave to change an -enrolled bill. it to the Chair or to the committee or to somebody to sayhow much of Mr. CULLOM. I inquire if the bill is effective as it is? it or of some other report is or is not embraced in this, and to only read Mr. SEWELL. It is complete as it is. The desired change is only what is new. necessary to avoid tautology. It is of no consequence really to make Mr. HOAR. Everybody I think understands it. the amendment. Mr. McMILLAN. Let the reading proceed. . :&Ir. CULLOM. Then I would not disturb the bill. The PRESIDING OFFICER. The Senator from Massachusetts asks The PRESIDENT pro tempore. It can only be done by unanimous unanimous consent that so much of the bill as has not been in contro consent by destroying the pre ent enrolled bill by the order of the two versy before this report be omitted in the reading. Houses. Mr. EDMUNDS. EY"ery single item in the bill was in controversy, Mr. ~EWELL. I think in order to satisfy the House we had better for we changed every item. · have unanimous consent that the bill be returned. li'Ir. McMILLAN. Let the report be read. The PRESIDENT pro tempore. Shall the enrolled bill be returned The PRESIDING OFFICER. The reading will pl'oceed. to the House of Representatives? Mr. SEWELL. Before the reading goes on, will the Senator from Mr. EDMUNDS. They can not erase the signature of the President Minnesota allow me to call up a message from the House requesting of the Senate. the return of a bill? Ur. CULLOM. I think the Senator had better have the House no Mr. McMILLAN. Yes. tified of the condition of the oill, that it has been signed by the pre AR.l\ILESS OR LEGLESS PENSIONERS-RECALL OF A BILL. siding officer, and that we have no power to ·do anything further with it. Mr. SEWELL. Well, I ask that that be done, that the House be Mr. SEWELL. I ask to call up the message of the House of Repre noti:fi.ed that the presiding officer of the Senate has signed the bill, and sentatives 1·equesting the return of a general pension bill. it is too late to interrupt proceedings upon it. The PRESJDING OFFICER. The Chair will lay before the Senate The PRESIDENT pro tempore. If there be no objection, the Ho~se a message from the House, which will be read. will be advised of the present situation of the bill. The Chief Clerk 1·ead as follows: . L....- THE HOUSE OF REPRESESTA.TIVES, August 3, !SSG. RIVER AlrD H.ABBOR BILL. ResolL-ed, That the Clerk be directed to request the Senate to return to the House ihe bill (B. 2056) to amend the pension laws by increasing the pension'S The Senate resumed the con.. ). , ~- -- - -~ -- ___ -- 1886. O_ONGRESSIONAL RECORD-SENATE. 7899 the 12-foot curve mentioned in the papers accompanying the report of the Sec nel of Elizabeth River to the port-warden's line on the eastern side, between l·etary of 'Var to the Senate dated March 1,1886 (Executive Document No. 81, Lambert's Point Light and Fort Norfolk, beginnirlg at Lambert's Point Light, Forty-ninth Congress, first session), 318,750. including the construction of the p1·oposed dike. Improving harbor at Boston, Mass.: Continuing improvement, $56,250; of . Improving harbor at Beaufort. N. C.: Continuing improvement, $15,000. which 818,750 are to be expended at Fort Point Channel, on Part A, below Con Improving harbor at Edenton Bay, North Carolina: Continuing improvement, gress street bridge. $2,000. Improving harbor at Lynn,l\Iass.: Continuing improvement, $6,000. Improving the inland water way between N ew Berne and Beaufort, N. C., Improving harbor at Nantucket, Mass.: Continuing improvement, $15,000. $10,000. Improving Hyannis Harbor, Massachusetts, Sl.O,OOO. · Impro·l'ing harbor at Charleston, including Sullivan's Island, South Carolina: Improving harbor at Newburyport, Mass.: Continuing improvement, ~,500. Continuing improvement, Sl87,500. Improving harbor at Wareham, Mass.: Continuing;. improvement, $15,000. Improving Winyaw B ay, South Carolina: Continuing improvem ent, $18,750. Improving harbor at Plymouth, Mass.: Continuing improvement, $,000. Improving harbor at Georgetown, S. C.: Continuing improvement, $5,000. Improving harbor at Hingham, Mass.: Continuingimprovement,$6,000. Improving harbor at Brunswick, Ga.: Continuing improvement, $22,500. Improving harbor at Provincetown, M;ass. : Continuing improvement, $3,000. Improvin-g Cumberland Sound, Georgia and Florida: Continuing improye- Improving harbor at Gloucester, M;ass., $5,000; of which $2,000, or so much as ment, $112,500. may be needed, for a. survey, and remainder on Babson's Ledge. Improving harbor at Savannah, Ga.: Continuing improvement, ~150,000. . For the n~tional harbor of refuge of the first class at ~andy Bay: Continuing Improving harbor at .Apalachicola Bay, Florida: Continuing uuprovement, 1m provement, $100,000. 512,000; of which $2,000 may, in the discretion of the Secretary of 'Var, be e:x Improving harbor at Scituate, Mass.: Continuing improvement, $10,000. peuded at the Carabello or Crooked River. Improving harbor at Westport, Mass.: Continuing improvement, 81,000, for For examination and survey of the enh'llnce to harbor at Key West, Fla., sand-fence. $2,500. Improving harbor at Wood's Holl, 1\Iass.: Continuing improvement,$14,500. Improving harbbr at Pensacola, Fla.: Continuing improvement, $20,000. ..._!mproving harbor at Block Island, R9ode Island: Continuing improvement, Improving harbor at Tampa Bay, Fla.: Continuing improvement·, $10,000 . ~.000; of which ~ . ooo shall be expended on the breakwater and$12,000 on the Improving harbor at Cedar Keys, Fla., $7,000. inner harbor. Improving harbor at :1\Iobile, Ala. : Continuing improvement, '90,000. Improving harbor at Newport, R.I.: Continuing improvement, 815,000. Improving harbor at Biloxi Bay, Mississippi: Continuing improvement, Sl-2,- Improving harbor at Bridgeport, Conn.: Continuing improvement, 20,000. 500; whicll sum, together with the money on hand heretofore appropriated for Improving harbor at Black Rock, Conn.: Continuing improvement, $5,000. the roadstead, is hereby directed to be used in deepening the channel from Mis Improving breakwater at New Haven, Conn.: Continuing improvement, sissippi Sound to the wharves at Biloxi. 6'75,000. . Improving Arkansas. Pass and Bay up to Rockport and Corpus Christi, Tex.: Improving harbor at New Haven, Conn.: Continulngimprovement,$20,000. Continuing improveme,nt, $101,250. Improving harbor at New London, Conn.: Continuing improvement, $2,000. Improving Brazos Santiago Harbor, Texas: Continuing improvement, 537,- Improving harbor at Nor walk, Conn.: Continuing improvement, $3,000. 500. Improving harbor at Stonington, CoDll.: Continuing improvement, $20,000. Improvement of entrance to GalYeston Harbor, Texas: Continuing improve Improving harbor at Stamford, Conn.: Continuing improvement, $10,000. ment, $300,000. Improving harbor at Buffalo, N. Y. :Continuing improYement, and repairs o.n Improving Pass Cava.llo, '.rexas: Continuing improvemet'lt, $37,500. the outer breakwater, 5112,500. Improving Sabine Pass and Blne Buck Bar, Texas: Continuing impro\C· Improving Buttermilk Channel, N. Y.: Continuing improvement, $56,250. ment, $198,750. Improving breakwater at Rouse's Point, N. Y.: Continuing improvement, 1m proving ship-channel in Galveston Bay, Texas, from Morgan's Cut to Bolivar $20,000. Channel: Continuing improvement, for which purpose the balance now re Improving harbor at Dunkirk, N.Y.: Continuing improvement., $20,000. mainingofthe money heretofore appropriated for this work is hereby directed to Improving harbor at Canarsie Bay, N.Y.: Continuing improvement, $10,000. be expended by the Secretary of War in the completion of said channel, in ac Improving harbor at Charlotte, N.Y.: Continuing improvement and repairs, cordance with the plans hm-etofore adopted, and in marking out said channel S26,250. by piles or stakes, so as to enable navigators to find the same without difficulty. Improving harbor at Flushing Bay, New York: Continuin·g improvement, Improving harbor at Ashtabula, Ohio: Continuing improvement, $30,000. $I.O,OOO. Improving barbox· at mouth of Black River, Ohio: Continuing improvement, Improving channel at Gowanus Bay, New York; Continuing improvement, Sl.O,OOO. $7,500. Improving harbor at Cleveland, Ohio, on the last plan projected, $93,750; of Improving harbor at Great Sodus Bay, New York: Continuing improvement, which $30,000are to be used in building a parapet on the existing breakwater, $1.6,875. and the $100,000 now on hand to be available for work on the last plan. ImproYing harbor at Greenport, New York: Continuing improvement, Improving harbor at Fairport, Ohio: Continuing improvement, Sl8,750. S5.000. Improving harbor at Huron, Ohio: Continuing improvem.ent, $3,000. Improving harbor at Little Sodus Bay, New York: Continuing improvement, Improving ice-harbor at the mouth of the l\luskingum River, Ohlo: Contin- $12,500. uing improvement, $37,500. Improving harbor at Oak Orchard, N. Y.: Continuing improyement by re- Improving harbor at Port Clinton. Ohio, by repairs of existing works, $2,000. pairs, $12,500. · For the purpose of acquiring the title to the land adjoining the inner end of Improving harbor a t Olcott, N.Y.: Continuing improyement and repairs, the west pier built by the United States for the improvement of the harbor at $10,000. Port Clinton, Ohio, the Secretary of War shall negotiate with the owner or own Improving harbor at Wilson, N.Y.: ContinUing improvement, $10,000. ers of the land for the purchase thereof at a. reasonable priQC, to be approved by Improving harbor at Ogdensburg, N.Y.: Continuing improvement, $10,000; Congress; and if an agreement as to price can not be made with the owner, which, together wit-h the amount on hand, is to be used in removing obstructions then the value of the same shall be ascertained in the mode provided by the from the mouth of the Oswegatchee and continuing the excavation at the lower laws of Ohio for the condemnation of latJ.ds for public uses in that State, there- - harbor up stream. suit of said proceedings of condemnation, if taken, to be reported to the next Improving harbor at Oswego, N.Y.: Continuing improvement, $71,250; of Congress for its approval. which $56,200 to be 'USed in repairs and 5~5,000 in continuing work on the har Improving harbor at Sandusky City, Ohio, by dredging the channel through bor. the' outer bar and within the bay; and for this purpose the money appropriated Improving harbor at Rondout, N. Y.: Continuing improvement, $2,500. by act of July 5, 1884, now on hand, is hereby made available, and the further Improving harbor at Saugerties, N.Y. : Continuing improvement, $15,000. sum of s.'),OOO is hereby appropriated. Improving harbor at Sheepshead Bay, New York: Continuing improvement, Improving harbor at Toledo, Ohio: Continuing improvement of the 1\Iaum.ee ss.oou. Ri•er by a straight channel along such line as may be approved by the Secretary Improving NewYorkHarbor,NewYork: To secure a30-footchannelatmean of War, $112,500; and the balance of the $2-5,000 heretofore appropriated are low water at the Sandy Hook entrance of the harbor, upon IIUch plan as the Sec- hereby made available for clearing the old channel. retary of War may approve,$750,000. . Improving harbor at Vermillion, Ohio: Continuing improvement, $3,000. Improving channel between Staten Island and the New Jersey shore, New Improving harbor at Michigan City, Ind.: Continuing improvement, $)6,2.50; York and New Jersey: Continuing improvement, $15,000. of which sum $1,875 are to be used on the inner harbor. Improving harbor at Raritan Bay, New Jersey: Continuing improvement, Improving harbor at Calumet, Ill.: Continuing improvement, &0,000. S37,500. . . Improving harbor at Chicago, Ill.: Continuing improvement, 875,000. ImproYing harbor at Waukegan, Ill.:· Continuing improvement, 520,000. Improving harbor at Plattsburg, N.Y.: Continuing improvement, 85,000. Improving harbor at Charlevoix and entrance to Pine Lake, Michigan: Con- For a more thorough and definite survey and examination of the harbor at tinuing improvement,•Sl.O,OOO. Atlantic Oity, N. J., with a view to mak-ing a harbor of refuge at that point, Improving harbor at Cheboygan, 1\Iich.: Continuing improvement, $15,000. S5,000; said examination and survey to be made by a board consisting of three Improving harbor at Frankfort, 1\lich., by extension of piers and repairs: Con United States engineers. tinuing improvement, 37,000. Improving harbor at Erie, Pa. : Continu.lng improvement, and also for the im Improving harbor at Grand Haven, Mich.: Continuing improvement, $30,000. provement of said harbo1· as recommended by the Chief of Engineers January Improving harbor ofrefuge'atGrandMarias, Mich.: Continuing improvement, 13,1885, $37,500: Provided, That the ,Secretary of War be, and he is hereby, au $26,250. thorized and directed to receive and accept for the United States, from the Improving harbor at Ludington, Mich.: Continuing improvement, $56,2;;0. marine hospital of Erie, Pa., the title to the peninsula of Presque Isle, at Erie Improving harbor at Manistee, Mich.: Continuing improvement, $10,000. Pa., as tendered by the said marine hospital, agreeably to the provisions of an Improving harbor at Marquette, Mich.: Continuing improvement, Sl.O,OOO. act of the Legislature of the State of Pennsylvania approved l\Iay 11,1871: And. Improving harbor at 1'tionroe, Mich·.: By repairs, 52,000. provided furth~r, That $22,500 of said sum shall not be expended until the afore Improvi_ng harbor at Muskegon, Mich.: Continuing improvement, $12,500. said title shall be accepted by the Secretary of War. Improving harbor at Ontonagon,l\Iich.: Continuing improvement, 13,000. Improving ice-harbor at Marcus Hook, Pennsylvania: Continuing improve Impt·oying harbor at Pentwater, Mich.: Continuing improvement, $10,000. ment, $15,000. Imp~·oving harbor at Portage Lake, Mich.: Continuing improvement, $15,000. The Secretary of War is authorized to cede to the city of Chester, Pa., the uppe1· Improving and repairing harbor of refuge at Sand Beach, Mich.: Continuing and lower pim·s located in said city and extending into the Delaware River and improvement, $75,000; of which not exceeding $!5,000 are to be used in repairs. formerly used as an ice-harbor. ' !~proving harbor at Saint Joseph, Mich.: Continuing improvement, $10,000. ~~proving Delawa1·e breakwater, Delaware: Continuing improvement, $.36,- Improving harbor at Saugatuck, Mich.: To complete improyem.ent, SS,OOO. 25 Improving harbor at South Haven, Mich.: Continuing improvement,$5,000. lmproving ice-harbor at New Castle, Del.: Continuing improvement, S-5,000. Improving harbor at \Vhite River, Mich.: Continuing improvement, $10,000. Improving harbor at Wilmington, Del.: Continuing improvement, $18,750. Improving harbor at Black Lake,l\Iich.: Continuing improvement, S5,000. Improving harbor at Baltimore, Md.: Continuing improvement, $150,000. Improving harbor at Ahnapee, 'Vis.: Continuing improvement, $15,000; but Improving harbor at Breton Bay, Maryland: Continuing improvement, $6,500. no part of said sum is to be expendea until the wharfage over the Governn1ent For continuing the improvement of the Potomac River in the vicinity of piers at that port shall be made free. · Washington, with reference to the improvement of navigation, the establish Improving harbor at Green Bay, ·wis.: Continuing improvement; $7,000. ment of.harbor-lines, and the raising-of the flats, under the direction of the Sec Improving harbor at Kf\nosha, \Vis.: Continuing improvement, $5,000. retary of War and in accordance with existing plans, S375,000: Provided, That Improving harbor at Kewaunee, Wis.: Continuing improvement, 10,000. no part of the sum hereby appropriated shall be expended upon or with refer Improving harbor at Manitowoc; Wis.: Continuing improvement, 15,000. ence to any place in respect of which the title of the United States is in doubt, Impro"!ng harbor at Menomonee, Wis. : Continuing improvement, 53,000. or in respect to which any claim adverse to the United States has been made. lmp.rovmg harbor of refuge at !\llilwaukee, Wis.: Continuing impro\'emont Improving harbor at Norfolk, Va., and improving approach to NorfolkHa.rbor on bay and harbor, $60,000. and the United States navy-yard at Norfolk: Continuing improvement by Impro~ng harbor at Oconto, Wis.: Continuillg improYement, $8,000. widening the channel of Elizabeth River to the port-wat·den's line on the eastern Improvmg harbor at Port Washington, \Vis.: Continuing improvement, $5,000. side, between Lambert's Point Light andFortNorfolk,$187,500· of which $50,000 Impro~g harbor at Racine, Wis.: Continuing improvement, SlO,OOO. shall be expended in improving the harbor, and $137,500 in widening the chan- Improvmg harbor at Superior Bay and Snint Louis Bay, Wisconsin: Continu- - ·~ 1,· 7900 CONGRESSIONAL RECORD-SENATE. AuGUST _3, ing improvement., $22,500; and the engin eedn charge, in his next annual report, Improving Choptank River,l\fa.ryland: Continuing improvement, SIO,OOO. shall submit an estimate of the cost of a dredge-boat or other facilities that may Improving Corsica Creek. Maryland: Continuing improvement, 10,000. be needed for dredging tho h arbors of Duluth and Superior. Thirteen thou- For rebuilding viers at Battery Island, head of the Chesapeake Bay, which sand five hundred dolla rs of the money hereby appropriated are to be expended were carried away by ice, strengthening and protectfng the works at that point in dredging in said Superior Bay and Harbor; and in repairing piers at natural from future destruction, $17,275. entry, and $9,000 in dredging Saint Louis Bay, along the dock-line on the Wis- Improving Susquehanna River, 1\Iaryland and Pennsylvania: Continuing con sin shore, from detlp water at Connor's Point to ward d eep water at Grassy improvement, SQ,OOO; to be expended above· the Philadel phi.A., ·wilmington and Point. Baltimore Railroad bridge. - Improving harbor at Sheboygan, Wis.: Continuing improvem ent, 815,000. Improving Pocomoke River, "Maryland: Continuing and completing improve- Impronng harbor at Sturgeon Ba y, Wisconsin : Continuing improvement, went, $8,000. $5,000. Improving. by dredging. and otherwise, the inland water way from Chi nco- Improving harbor at Ashland, Wis.: Continuing improvement . S22,500. teague Bay, Virginia, to De_laware Bay at or near Lewes, Del., to be used from The Secretary of 'Var is authorized and directed to appoint o. board of three Chincoteague Bay to Indian River Bay, $18,750. engineers f~·om the United States Army whose duty it shall be to examine, in Improving Appomattox River, Virginia: Continuing improvement, $18750. all their relations to commerce the Sturgeon Bay a nd Lake Michigan Ship-canal, Improving Chickahominy River, Virginia: Continuing improvement, $!,000. connecting the waters of Green Ba y with Lake l\Iichigan , in tlie State ofWis- lrnpro'\>·iugJamesRiver,Virginia: Continuingimprovementbelow Richmond, cousin, with a view to making the sameafreepasaage wayand h a rbor of refuge, $112,000. to conside1· their value, and all other matters connected with their usefulness to Improving Mattaponi River, Virginia: Continuing Jmprovement-, $5,000. navigatiou, and which shall give information as to the expediency of the work lmpro,ring New River, Virginia.: Continuing improvement b etween the lead- and the desirability of their acquisition and improvement. The said board"sha.U mines. in 'Vythe County, and the mouth of Wilson'sCreek, in Grayson County, report to the Secretary of War, who shall lay its 1:eport b efore Congress at its $10,000, together with the $3,000 now on band. next session, together with the views of himself and the Chief of Engineers ot Improving Pamunky River, Virginia: Continuing improvement,$5 000. the United State-s Army thet·eon; and Si>,OOO, or so much thereof as may be neces- Improving Rappahannock River, Virginia: Continuing improvement,1 S20,- sary, is hereby appropriated for this purpose. · 000. . · Improving harbor at Duluth, 1\Iinn. : Continuing improvement, and enlarging Improving $taunton River, Virginia : Continuing improvement, 810,000 ; one- basin between .Minnesot.a.a nd Rice's Points, $56,250; of which a sum not exceed- half of which is to be expended between the mounth of Pig River and the Mid ing S500 may be used in placing buoys in the channels and elsewhere where lana Railroad Crossing. needed in the harbor; and the consent of the United States is hereby given to Improving York River, Virgini:J.: Continuing improvement, $18,750. a change of_existingdock-Iine on tile east side of Rice's Point by the municipal Improving Dan River, Virginia: Continuing improvement, $10,000. I authorities of Dulutil: Prod ded, That such change meets tqe approval of the Improving Big Sandy River, West Virginia and Kentucky: Continuing im- [i Secretary of War. • provement, 830,000; of which sum $3,750 are to be expended on Tug Fork, in Improving harbor at Grand Marais, l\linn.: Continuing improvement, $10,000. 'Vest Virginia. and $3,750 on Lavisa Fork, in Kentucky. Improving harbor nt Agate Bay, Minn., $22,500. Improving Buckhannon River, West Virginia: Continuing improvement,$!,- Improving harbor at Lake City, r.Iinn.: Continuin~ improvement, $10,000. GOO. · · Improving harbor and bay at Humboldt, Cal.: vontinuing improvement, Improving Great Kanawha River, 'Vest Virginia: Continuing improvement, Si5i000: Pl"avidecl, That no part of said sum shall be expended untii the 12 acres $1.87 500. · - of .and necessary to said improvement shall have been conveyed to the United !~proving Elk River, 'Vest Virginia: Continuing improvement, $1,500. States free of expense. and such conveyance bas been approved by the Secretary Improving Guyandotte River. 'Vest Virginia: Continuing improvement, the of War, after the Attorney-General of the United States shall ha\e certified to amount h eretofore appropriated is made available for this purpose. the Secretary of War that the title is perfect. · Improving Little Kanawha River, \Vest Virginia: Continuing improvement, Improving harbor n.t Oa kland, Cal.: Continuing improvement., $60,000. ,. 16, 75; of which 81,875 shall be used in continuing the improvement of naviga- '.rhe sum of $11,000, or o much thereof as may be neces..,ary , is hereby appro- tion above the west fork. But no toll shall be collected by any person or cor priated for a. survey of San Francisco Harbor, San P ablo Bay, Suisun Bay, Strait poration for this improved navigation; and such right. if any exist shall be of Carquinez, mouth of San Joaquin River, and mouth of Sacra m ento River, relinquished, in a manner satisfactory to the Secretary of \Vnr. before the expen- California.. · diture of any of the money herein appropriated for this work. lruproving harbor at Red 'Vood, Cal.: Continuing improvement, $5,000. Improving Cape Fear River, .S orth Carolina: Continuing improvement, 8168,- The sum of $5,000, or so much thereof as may be necessary, is hereby appro- 7"50; of which sum $11,250 are to be expended above \Vilmington, the remainder priated for examination, survey, and estimated cost of obtaining a channel250 below and opposite the city of Wilmington, including as much of its northeast feet wide and 2! feet deep at mean low water across the onter bar, and from branch as lies in front of Wilmington. within the city limits. thence to a pofnt abreast of beacon No.2, in San Diego Harbor, Califon1ia; also Improving Contentnia Creek, North Carolina.: Continuing im;Jrovcment, of obtaining a navigable cilannel at least 8 feet in depth at mean low water at1 $15,000. Newport Harbor, California; also, of the establishment of a breakwater extend- Improving Currituck Sound, Coanjok Bay, and North1River Bar, North Car- ing in a southeasterly direction one-fourth of a mile, more or less, along tho olina; Continuing improvement, ~10,000. sunken reef commencing at or near 'Vbaler's Point, so called, at San Luis Obispo Improving Neuse River, North Carolina: Continuing improvement, $22.500. Harbor,.Californio.. Improving New River, North Carolina: Continuing improve ment, SlO,OOO. Improving harbol' at Wilmington, Cal.: Cont inuing improvement, ~.ooo. j Improving Pamlico and Tar Rivers, North Carolina: Uompleting improve- Improving harbor at Yaquina.Bay, Oregon: Conti.nuingimprovement, ti5,000. , ments, $5,000. . Improvement of the harbor at entrance of Coos Bay, Oregon, ~.750. ' Improving Black River, North Carolina, $.3,000: P,·ovidecl, That all claims of Improving Lubec Channel,l\Iaine: Continuing improvement, $to,OOO. private parties to the navigation of the river shall be ceded to the United States, Improving Moosebec Bar, 1\Iaiue: Continuing improvement, $10,000. free of cha1·ge,· before the c;!Ommencement of said iinpl'Ovement. Improving Penobscot River, 1\Iaine: Continuing improvement. by widening Improving Roanoke River, North Carolina: Continuing improvement, 820,- the channel opposite Bangor andremo'\lingobstructions near Crosby's Narrows, 000. '.rwo thousand tive Ilundred dollars, or so much thereof as may be neces- $15,000. . su.ry, of the aforesaid $20,000 shall be used for the purpo3e of removing obstruc- Improving Saco River, Maine, $12,500. tions in Thoroughfare and Cosboke Creek. Improving Narragaugu River, Maine, $10,000. . Improving Trent River, North CaroJina: Continuing improvement, $3,500. ImprovingCochecoRiver,NewHampsbire: Continuingimprovemcnt,$10,000. Improving Dan River, North Carolina: Continuing improvement between Improving Ipswich l{iver, Massachusetts, $2.500. Madison, N.C.• and Danville, Va.• $10.000. Improving '\Vo.rren RivE'r, Rhode Island, $5,000. Improving Yadkin River, North Carolina: Continuiug improvement, $10,000. ImprovingPawtucketRiver,Rhodeisland: Continuingimprovement,$30,000. I Improving the inland water way between Beaufort Harbor and New River, Improving Providence River and Narra,.o-ansett Bay, Rhode Island: Continu- North Carolina, through Bogue Sound, $10,000. ing improvement, $30,000. Improving Ashley River, South Carolina: Continuing improvement, $1,000. For removing Green Jacket Shoal, Providence Ri\·er, Rhode Island, $25,250. I Improving Edisto River, South Carolina: Continuing improvement, $3,000. Improving Pawcatuck River, Rhode Island, ~12,000. Improving Great Pee Dee Rh·er, South Carolina: Continuing improvement, I.i:nproving Connecticut River below Hartford, Conn.: Continuing improve- ~ $"20,000. mcnt,$26,250. Improving Salkehatchic River, South Carolina: Continuing improvement, Improving Housatonic River, Connecticut, $5,000. $2,000. . Improving Thames River, Connecticut: Continuing improvement, $2~,500. Improving Santee River, South Carolina: Continuing improvement, S18,750; Improving East Chester Creek, New York: Continuing improvement. $10,000. no part of which sum to be used for the construction of any road-bridge across Improving Hudson River, New York: Continuing improvement, ~ 26,2.'>0; of the Mosquito Creek Canal: Provided, That if salt water be found dowing into · which $15,000 may be used for the removal of the rock in·channel at Van \Vie's said Mosquito Creek; SJ,OOOof said sum, or so much thereof o.s may be necessary, Point. shall be nsed'for the construction of a dood-gate at upper end of the canal, to . ! Improving Newtown Creek and Bay, New York: Continuing improvement, prevent the same. ' ! $37,500; of which $9,375 to be expended on west branch between 1\:la.~p e th ave- Improving \Vaccama.w River, South Carolina: Continuing improvement $15,- nue and Dual Bridge, at Grand street and Metropolitan avenue; $9,375 to be 000. . expended on main branch between Easterly Grand street bridge to 1\fett·opolitan Improving Wappoo Cut, South CaroHna: Continuing improvement., $.'5,000 . avenue; and balance on lower end, from Maspeth avenue to the m outh of the Improving 'Va.teree River, South Carolina: Continuing improvement, $7,500. creek. Improving Congaree Ri\·er, South Carolina, $7,500. Improving Hell Gate, New York: f'..ontinuing improvement, $112,500. Improving Altahama River, Georgia: Continuing improvement, $20,000; o"L Improving Nar~ows at Lake Champlain, New York, from Benson, Vt., to . which SlO,OOO are to be used on Doboy Bar, or so much thereof as may be nee- canal locks at \Vbtteha.ll, N.Y., $30,000. . essa.ry. Improving Ticonderoga River, New York: Continuing improvement., $2,000. Imrroving Chattahoochee River, Georgia and Alabama: Continuing improve- Improving Maurice River New Jersey: Continuing improvement, $5,000. ; ment, $20,000. Improving Passaic River, New Jersey: Continuing improvement, $26,250; of 1 Improving Coosa River, Georgia and Alabama: Continuing improvement, wilich $2,250 are to be used above Newark. · I $!5,000. · Impro>ing R..'l.ritan River, New Jersey: Continuing improvement, $26 230. j Impl'oving Flint River, Georgia: Continuing improvement, ..,20,000; of which Improving Shrewsbury River, New Jersey: Continuing improvement, $10,000. sum $5,000 nre to be expended between .Albany and Montezuma, and SLS,OOO Improving South River, New Jersey: Continuing improvement, $.3,(100. below Albany. , Improving Saint Jones River, Delaware : Continuing improvement, $10,000. I 111 proving Ocm ulgee· Ri ve!J Georgia.: Continuing irn provemen t, $7,500. Improving Nanticoke River. Delaware: Continuing improvement ·up to and Improving Oconee River, u-eorgia: Continuing improvement, SIJ,OOO; Sl,500 near the town of Laurel, Del., SlO,OOO. of said sum to be expended between Sku U Shoals and the railroad bridJie. Improving Monongahela River, Pennsylvo.ni& and West Virgin in: Contino- Improving Romely Marsh, Georgia: To complete improvement, $17,475; and ing improvement, $90,900; but no charges or tolls shall be collected on any other so much of said sum as mAy be necessary may be applied by tile engineer in part of the river on any commerce on said river which originates aboV"e the charge, with the approval of the Secretat·y of War, to pay for work done on said works herein appropriated for. improvement, under the direction of the War Department, since the last appl.-o- For beginning the construct ion of a dam o.t Herr's Island, in the Allegheny ' priation was exhausted. :River, near Pittsburgh, Pn.., $37.500. Improving Savannah· River below Augusta, Ga.: Contbuing improvement, Improving Allegheny River, Pennsylvanio.: Continuing improvement, S30,000. ~15 , 000. Improving Schuylkill River, Penn:~ylvania: Continuing improvement, SIS,- Improving .Apalachicola Rive r, Florida: Continuing improvement, $1,000. 750. Improving Caloosahatcbeo River, Flori.da: Continuing improvement, $4.,000. Improving Delaware River, Pennsylvania and New ·Jersey: Continuing im- Improving Chocta.whntchee River, Florida and Alabama: Continuing im- provement fJ;om Trenton to its mouth, $210,000; of w h.ich S30,000 silall be applied provement, $15,000; of which sum $5,000 to be expended below Geneva, and to improving the channel between Camden, N.J., and Philadelphia, Pa.., and 10,000 to be expended between Geneva and Newton, Ala. $7,500, or so much thereof as may be needed, shall be expended on sa-id rivet· and Improving Conecuh-Escnmbia RiYer, Florida and Alalmma: Continuing im- its tidal tl·ibutru:ies above Bridesbm·g. · provement, ~12,UW. ·' ·~ 1886. CONGRESSIONA-L·· RECORD-SENATE. 7901. lmprovi11g La Grange Bayou, Florida: Continuing improvement, $2,000. Improving Tennessee River at Big Muscle Shoals, LiUie Muscle Shoals, and Improving Manatee and Pease Rivers, Florida: Continuing improvement, Elk River Shoals, Alabama: To complete improvements at these localities, $13,000; of which $5,000 maybe expended on P~ River. ' $262 500 . . Improving c.hannel over the bar at the mouth of Saint John's River, Florida: I~ proving South Fork of 9nmberland River, Kentucky: Continuing im- Contmuing improvement, 150.000. provement, $5,000. · · Improving Suwanee River, Florida: Continuing improvement, $5,000. Improving Kent1,1cky River, Kentucky: Continuing improvement, S187,500. Improving Vol usia Bar, Florida: To complete improvement, $7,500. improving Tradewater River, Kentucky: Continuing improvement, $2,000. Improving Withlacoochee River, Florida: Continuing improvement, $3,000. Improving the Falls of the Ohio River-at Louisville, Ky.: Continuing im• Improving Alabama River, Alabama: Continuing improvement, 815,000. provement, according to the last plan of the engineer in charge, and to be first Improving Black Warrior River from Tuscaloosa to Daniels Creek, Alabama, applied to the completion of the work now in progress, 3150,000: Pro-vided, That · f56,250, together with the $47,000 on land; to be expended in accordance with of that sum $50,000 shall be expended in enlarging the canal-basin, as recom~ the plan adopted by the board of engineers. · mended in the last report of the engineer in charge. _. lnproving Cahawba River, Alabama: tontinuing improvement, S7,500: Pro 'I he Secretary of War is hereby authorized and directed to ascertain tbe value vided, That no part of said sum shall be expended until the officer in charge and commercial importance of the works and property of the Green and Barren shall have reported that the railroad and other bridges a-cross said river have River Navigation Company, situated on the Green and Barren Rivers, in the been provided \vilh good and sufficient draw-openings. · State of Kentucky, a.nd of the Monongahela Navigation Company, situated on Improving Tallapoosa River, Alabama: Continuing improvement, $7,500. the l\Ionongahela River, in the State of Pennsylvania; and in order to acquire Improving Wl\rrior River, Alabama: Continuing improvement, 18,750; to be such information the Secretary of War shall appoint a board of three competent expended below Tusca.loosa. engineers from the Engineer Corps of the United States Army, which board lmprovingTombigbee Rh·er, Alabama and Mississippi: Continuing improve shall in each case report to the Secretary of War, who shall report thereon to ment, 18,750; to be expended-below Vienna,$11,250; and between Vienna and Congress at its next succeeding session; and the cost of such examination shall Fulton, $7,500. be paid out of the sum appropriated by this act for surveys: Pro~ided, That Improving Big Sunflower River, Mississippi: .Continuing improvement, $5,000; nothing herein shall be coustrued as committing Congress to the purchase of of which t2,000 to be expended between Woodburn and Lehrton. the said works. Improving Noxubee River, Mississippi: Continuing improvement, $7,500. Improvement of the 1\Iuskingum River, Ohio, between Zanesvil1e and the Improving Pascagoula River, Mississippi: Continuing improvement, includ mouth ofthe river, and for operating the same,$20,000. And the United States · ing bar at the mouth, and from there to the mills at Moss Point, $20,000; and the hereby accepts from the State of Ohio the said :M:uskingum River improvement, balance of the money now on hand heretofore appropriated for improving Horn and aU the locks, dams, and their appurtenances, and the canals belonging to Island Pass is to be applied to the same purpose. v · said improvement, and all the franchises and property of every kind, and rights Improving Pearl River, Mississippi: Continuing improvement, $17,625; of in said river, and its improvements, now owned, held, and enjoyed by the State which $2,250are to be expended between Edinburg and Carthage, $2,250 between of Ohio, including all wa.ter leases and rights to use water under and by vir~ue Carthage and Jackson, and the 'remainder below Jackson, including bar at the of any lease of water now running and in force between the Rtate of Ohio and mout-h of East Pearl River. all persons using said water, hereby intending to transfer to the United States Improving Steele's Bayou, Mississippi, including Washington Bayou: Con- such rights in said leases and contracts a~ are now owned, held, or reserved by tinuing improvement, $2,500. the State of Ohio; but not to affect any right to the use of the water of said Improving Tallahatchee River, Mississippi: Continuing improvement, $3,500. river now owned and held by the lessees ,9f any water right under any lease or Improving Tchula Lake, Mississippi: Continuing improvement, ~2,000. 7902 CONGRESSIONAL REOORD-SEN ATE. AUGUST 3, payment of the costs of such proceedings, and to pay any judgment that may For dry-dock at Des Moines· Rapids, $4;8,750. 4 be rendered therein; and on failure to do so the proceedings shall be dismissed. Improving ice-harbor at Dubuque, Iowa,the unexpended balance, or so much ImprovingillinoisRiver,illinois: Continuingimprovement,$112,500; ofwhich thereof as shall be necessary, shall be applied to paving instead of riprapping sum $3,750 maybe expended in dredging the river in front of Peoria. said ice-harbor. · Th,e Secretary of War is authorized and directed to appoint a board of three Improving Mississippi River from Des 1\Ioines Rapids to the mouth of the Dli· engineers from the United States Army, whose duty it shall be to eXa.mine in nois River, including the river at Quincy Bay and the removal of the bars at all their relations to commerce the illinois and Michigan Canal and the prQ4 the mouth of Whipple Creek and Hamburg Ba.y including also the strengU1en4 posed Hennepin Canal, to consider their value and all other matte18 connected ing ofSny Island Levee where it crosses Snicarte fHough and other sloughs: Con- with their usefulness to navigation, and shall report upon the acquisition and tinuing the improvement, J.5(),000. • improvementoftheDlinoisandMichiganCanalandtheconstructionoftheHen- Improving 1\Iississippi River from the mouth of the lllinois River to the nepin CanaL The said boardshallreportto the Secretary of War, who shall lay mo11th of the Ohio River, including the completion of the work at Alton, and, its report before Congress at its next session, together with the views of himself at the discretion of the Secretary of War, the protection of the Illinois shore op and the Chief of Engineers of the United States Army thereon; and 15,000, or posite the mouth of the Missouri River: Continuing improvement, S3'i5,000; of so much thereof as may be necessary, is hereby appropriated for this purpose: which $37,500, or so much thereof a.s may be necessary, to be expended in ex Provided, That nothing in this paragraph shall be construed as committing the tending the work for the protection of the eastwardly bank of the Mi.s:lissippi Gonrnment to the .said improvement. . - River at Cairo, and the pre,·ention of its wash or erosion, commencing at the Improving Gasconde River, Missouri: Continuing improvement~ S7"500. southerly end of the present Governmentrevetmentworkand continuing down Improving Osage River, Missouri: Continuing improvement by snagging and stream, and $22,500 for continuing improvement at Cape Girardeau, Mo., and r emoving obstructions, 10,000. Montona. Point, lllinois: Provided, That the Secretary of War, in his discretion, Improving Red River .of the North, Minnesota: Continuing improvement may use not to exceed $75,000 Qf smd sum of $375,000 to correct the cw·rent of from Breckenridge to the northern boundary-line of the United States, includ- the river and improve the channel at Saint Louis. ing dredging. removal of snags and bowlders, and construction of wing-dams, Improving Mississippi River from head of the passes to the mouth of the Ohio li &c., and the money heretofore appropriated for locks and dams is hereby made River: Continuing improvement, $2,000,000; which sum shall be expended li available for this purpose. under the direction of the Secretary of War, in accordance with the plaiU!,spec· Improving Yellowstone River between Glendive and the mouth, Montana: ifi.catioiU!, and recommendations of the l\lisslssippi River Commission: Pro ided, Continuing improvement, Sl8,750. That no portion of this appropriation shall be expended to repair or build Improving Mokelumne River, California, by 1·emoving obstructions, $2,500. leveej for the purpose of reclaiming lands or preventing injury to lands or pri- Improving Sacramento and Feather Rivers, California., 34.0,000 of the money vate property by overflows: P.ravided, howeve1·, That the commission is author I heretofore appropriated for improving said rivers that may remain unexpended ized t-o repair and build levees if, in their judgment, it should be done as part of li at the end of the present. fiscal year, for snagging and dredging operations and their plan to afford ease and snfet.y to the navigation and commerce o{ the river the not to be used until the Secretary of War be satisfied that hydraulic mining executed in said reaches or elsewhere until after it shall be found that the com4 hurtful to navigation has ceased on said rivers and their tributaries. If be be pletion of the permeable contracting works and uniform width of the high not so satisfied, be is hereby instructed to institute such legal proceedings as water channel will not secure the desired stability or the river banks: Provii.Ud, may be necessary to prevent the washing, sluicing, dumping, or discharging howevet·, That nothing herein contained shall prevent the construction of revet I ~tions or surveys, or both, to be made, and the cost of improvements to be Cottage City Harbor. estimated, at the following localities, to wit: Menemsha Harbor of Refuge. In f.4e States of- 'l'aunton River. Arkansas: Re-examination of Little River. ~~~~!d~~i)Qr. Ar~e lake8 connecting with Red River, between Shre;eport, La., and Fulton, l\1ichigan : Bar i.n Saint Clair Rh·c1· opposite aint Clair City. Re-examination of Ouachita above Oamdcn, Ark. Grand River. Saline River. North River between Essex and North bridges. Cache Rh·er. Biddle's Point at Mackinac Harbor, with a view to a breakwater. California: Harbor at Forestville, Lake Huron. San Pedro Bay near tbe enh·ance to "\Vilmington Harbor, with a view to estab- Pigeon River. ' lishing an outer harbor for the protection of deep-draught vessels. · l\Iout-h of Black River, Saint Clair County. :Mouth of Smith's River. Carp River at Leland, with a view to affording an entrance to Carp Lake for Crescent City Harbor, with a ;iew to a sea-wall from Battery Point to Flat harbor of refuge. · ' Rock. . Lake 1\fichiga.n at Empire, with n. view to cutting a channel across the bar from Lake Michigan to Bar Lake. Connecticut: Grand Traverse Bay, v.ith a view to connecting it with Torch Lake, near Five- Iile River Harbor. Eastport. Re urvey of Duck Island Harbor, on Long Island Sound, including plaus, Pinepog River. • specifications, and estimate of cost for rnnking the same a harbor of refuge. Rouge River at its junction with Detroit River, and up"the river to bridge of Dakota Territory: Saint Louis and Wabash Railroad. James River. Torch Lake Channel, Lake Superior. 1\finnesota.: Delaware: Red River of the North from l\loorhead to Fergus Falls. Duck Creek. Red Lake River from Grand Forks to Red Lake. Florida: Iississippi River between Saint Paul and Saint .Anthony's Falls. Punta Rassa. Harbor. 1\fumesota River, with a view to its improvement by locks and dams. Resurvey of Tampa Bay, inci ...... ; ~ ul.:.borough Ri-ver up to tho city of :rtfississippi: Tampa. Tombigbee River to ascertain what improvement is necessary to make said Be urvey of oul.er and inner bars at Pensacola. river continuously Il3.Vigable from Vienna, .Ala., to Walker' s Bridge, 1\Iissis Charlotte Harbor, including San Carlos Bay. sippi. Cleo.r Water Ha~bor, including Anclote and Saint Josephs Bays and theNar- I'ows into Bogn. Ciega. Bay. · Cassity Bayou. Wakulla. River from its mout.lt to Wakulla. Springs. Noxnbee Riv-er, to ascertain whether it can be m...1.-de continuously navigable Survey cfthe channel from Haul-over, on Indian River, to Gilbert's Bar. by a system of locks and dams, or otherwise. Saint .Augustine, for a. deep sea-channel on the outer bar. BearCreek. Georgia: . Missouri: Savannah River from cross-tides above Savannah to the bar, with a. view to Resurvey of the Osage River from its mouth to Osceola, with n. view to mov obtaining 28 feet of water in the channel. able locks and dams, or other methods of improvement. Flint River from Montezuma. to Old Agency. Little River from Hornersville to its junction with the S11.int Francis Rive1·. From Doboy Island to Doboy Bar. Saint Francis River from Greenv-ille to tho .Arkansas State line. Jekyl Creek. New Hampshire: Illinois: · Bellamy River. Farm Creek, with a view to changing its conrse. North Carolina: Kaskaskia River from New Athens to mouth. Alligator River. Bars in Hamburg Ba.y. Lockwood's Folly River. Calumet River from the forks of the river ne&r its entrance into Lake Calu- . Lumber River. met to Riverdale; also Calumet River from Riverdale to Blue Island. Yadkin River from South Carolina line to the Narrows. Mississippi River at Rush lsl~nd Bend :md Ivy Landing, with a view to con Catawba Riv-er. fining and deepening the channel. New Jersey: Indiana: Thoroughfare running back of the orean from Oape May to the Great Bay For a survey of the Ohio River nea.r the city of Evansville, Ind. with a. view north of .Atlantic City. to determine what, if anything, will be necessary to prevent a. cnange1 of the Channel back of Brigantine Beach, between Absecon and Brigantine Inlets. channel of the river in front of that city. · NewYor.k: Kentucky: Channel between Jamaica. Bay and Rockaway Inlet. Pond River. The East River, with a. view to the removal of a. ledge of rocks situa-ted be The Secretary of War is directed to report to the next session of Congress tween five and six hundred feet from the foot of Tenth and Eleventh streets in whether or not the Government dry-dock at Louisvilte and Portland Canal is the city of New York. adequate for the purposes or commerce, and what alterations, if anv,are neces- Spring Creek. sary,and thecostof making the same. · Waddington Harbor. Licking River from Farmer's t-o West Liber~y. Mouth of Patchouge RiTer. Salt River. Hudson River between New Baltimore and Coxsackie. For ice-harbor at Paducah. Ky. Peter's Neck Bay. . The bar at the mouth of Ll.mestone C.tcek, in tlle harbor of 1\Ia.ysvillo. Tonawanda llarbor and Niagara River between Black ROOknnd Tonawanda, Louisiana: with a -view to a 16-foot channel. Little River. Glen Cove Harbor. Bayou Rouge. Oregon: Dugdemona. River. 'Vood Uiver. Mouth of Bayou Plaquemine, with a. view to its connection with the Missis Link River. sippi River by locks; also Bayou Plaquemine and other connecting streams, to Snislaw River and Bar. form the best route to Grand Lake. Coquille River between Coquille City and 1\Iyrtle Point. Bogue I1"'alia from present landing to Covington. Naha.lem Bay :md Bar. Calcasieu Pass, the two bars obstructing the navigation thereof. Tillamook Bay and Bar. 1\Iouth of Calcasieu River, the bar obstructing its mouth. Umpqua River. Bayou Terrebonne from Houma t-o Thibodeaux. Ohio: Bayou T~che from Sa.int Ma.tinsville to Fort Barre. Sandusky Harbor, with a. view to a s tra i gb~ channel from the north cod of Mouth of Bayou La. Fourche, with a. view to the construction of a lock and Cedar Point to the east end of the e::dsting channel in front; of the' city. dam; Clear Lake, Black Bayou, Red Bayou, Black Lake, a.nd Kelly Bayou, to Big Hockhocking River from its mouth to Coolville. reopen navigable communication between those streams and Red River; Bayou Chagrin River at its mouth. La }~ ourche, to secure navigation at low water. · Corna.y River. Pennsylv.ania: Ouchita. River from Camden t-o mouth, with n. slack-water navigation. Darby Creek. Bayou Vermillion, to secure navigation from Abbeville to the railroad bridge Rhode Island : of the Louisiana and Texas Railroad. Littl-e Narragansett Bay, entrance to the wharves at Watch IDU. Bayou Rondeway. South Carolina.: Cypress Bayou. Mosquito Oreek between the South Edisto and .Ashepoo Rivers, with a view Bayou Vidal. to connect the South Edisto with the Ashepoo at or ni!ar Fenwick's lsln.nd. I Maine: Mingo Creek. Bayoducc River between the towns of .Penobscot and Brooksville. Clark's Creek. Big Rapids of Saint John's River. Little Pee Dee River. Camden Harbor. · Alligator River and other waters connecting Santee River and Bull's Bay. Rockport Harbor. Tennessee: . Kennebec River at Bath, and from .Augusta to lower end of Perkin's Island. North Fork of the Forked River below Dyersburg. Saint George's River from Vvarren to Thomaston. Obeils River.from the point where improvements have heretofore been made Matinicus Isle, with a. view to a harbor of ~fuge. · to the mouth of the West Fork. Penobscot River from Bangor to Bucksport Narrows. Saint Croix River from Ferry Point bridge, at Calais, to Breakwater Ledge. Texas: Bar Harbor, Me., with the view to establishing a. hreakwater and deepening Cedar Bayou where it empties into Galveston Bay. the waters of said harbor, and especially the channel between Rodick's Island Virginia,. and l\Iount Desert Island. Mattox Creek. 1\:Iaryland: Nansemond River. {)ambridge Harbor. Louisa Fork of Sandy River. Fairlee Creek. Roanoke River from Clarkesville, Ya., to Eaton Falls, North C. rolino.. Patuxent River from Benedict to Hill's Landing. Hunter's Creek. For widening the channel of Baltimore Harbor to 600 feet.. West Virginia: Massachusetts: Meadow Ri-ver. Manchester Harbor. Ganley River. Duxbury llarbor. Coal River. Welltleet Harbor. Wisconsin: . Falmouth Harbor of Refuge. Harbor at Hudson, Lake Saint Croix. Vineyard Haven Harbor. Examination and report on the causes of the extraordinary overflows of tha - - ·--· . 7904 CONGRESSIONAL RECORD-SENATE. AUGUST 3, Chippewa River, and What means, if n.ny, can be adopted to prevent their recur The PRESIDENT pro tempore. The explanation bas been made. rence. ~Ec. 7. For examinations, surveys, and contingencies, and for accidental re Mr. SEWELL. The explanation has been made. The House ·pairs, for which there is no special appropriation, for rivers and harbors, $100,000: amended the bill but did not get it in the record, so that the clerks Pro·rided, That no survey Rhall be made of any harbors or rivers until the Chief did not get it in the engrossed copy. They insist on making an amend of Engineers shall have directed a. preliminary examination of the same by the local engineer in-charge of the district, or an engineer detailed for the purpose; ment, which is of no importance pract.ically, but they insist on it. nnd such local or detailed engineer shall report to said Chief of EngineeTS Mr. EDl\IUNDS. '.('hen let the President sign the bill.' It will whether, in his opinion, said harbor or river is worthy of improvement, and haza1·d its passage very much to recall it. shall state in such report fully and particularly the fads and reasons on which he bases such opinion, including the present and prospective demands of com The PRESIDENT pro tempore. Does the Senator from New Jersey merce; and it shall be the duty of the Chief of Engineers to direct the making press his motion? of such survey if, in his opinion, the harbor or river proposed to be surveyed be Ur. SEWELL. Yes, sir. worthy of improvement by the General Government; and he shall report to the Secretary of War the facts, and what public necessity or convenience may The PRESIDENT pro te:npore. The Senator from New Jersey moves be subserved thereby, together with the full reports of the local engineer. Said to amend the resolution by striking out 1 1 the House of Representatl ves 11 reports of preliminary examinations and survey shall be made to the Honse of and inserting ''the nate." · · Representatives, and are hereby ordered to be printed when so made. Sxc. 8. That the Secretary of War shall report to Congress, at its next and The amend men as agreed to. each succeeding session thereof, the nameaqd place of residence of each civilian The r~olutio s amended was agreed to. engineer employed in ·the work of improving rivers and harbors by means and as the result of appropriations made in this and succeeding river and harbor RIVER -AND HAR.BOR BILL. appropriation bills, the time so employed, the compensation paid, and the The Senate resumed the consideration of the report of the committee place at and work on which employed. And the Senate agree to the same. of conference on the bill (H. R. 7 480) making appropriations for the S. J. R. McMILLAN, construction, repair, and preservation of certain public works on rivers 0. D. CONGER, .a.nd harbors, and for other purposes. . M. W. RANSOM, Managers on the pa,·t of the Senate. The PRESIDENT pro tempore. The ques_tion is on concurring in the ALBERT S. WILLIS, report of the committee of conference. JOHN M. GLOVER, .M:r. McMILLAN. Mr. President, I desire to make a brief statement H. H. 1\:lARKHAM, to the Senate in-connection with this report. · Managerson the part of the House. The bill as it :first came from the House appropriated $15,142,200. :UESSAGE FRm1 THE HOUSE. .As it passed the Senate it contained twenty-six new items and ap- A message from the House of Representatives, by Mr. CLARK, its propriated $14,013,393.25. · Clerk, announced that the House bad agreed to the report of the com The bill as agreed upon by the conference committee, and now re mittee of conferenee on the disagreeing votes of the two Houses on the ported to the Senate, aypropriates $14,473,900, which is $668,300 less amendments of the Senate to the bill (H. R. 9726) making appropria than the amount of the House bill. tions to supply deficiencies in the appropriations for the :fiscal year end The principal changes in appropriations n1ade by the conferees in the ing J nne 30, 1886, and for prior years, and for other purposes. bill as it passed the Senate are as follows: HELEN PLUNKETT. INCREASES. :Mississippi River, from h ea\1 of passes to mouth of the Ohio River, from Sl,- Mr. HOAR. I ask unanimous consent that the House be asked to 68i.500 to $2,000,000. . return to the Senate the bill (S. ·757) granting a pension to Helen For examinations and surveys at South Pass, from $3,750 to $5,000. Plunkett. An amendment was put into the bill by the Senate which For the general surveys of the Mississippi River, from SJ.8,750 to $30,00(). Red River, Arkansas, from $71,250 to $75,000. wrongly described the service of the husband of the widow for whom Saint Mary's River, Michigan, from $1!!7,500 to $250,000. the bill provides, describing him as 'belonging to Company A instead Hay Lake channel, Michigan, from $112,500 to $150,000. of Company E. I should like to have the bill sent back and the cor James River, Virginia, from $75,000 to $112,500. Arkansas River, Arkansas, from $56,250 to $75,000. rection made at once. It is a Senate bill which has not passed the Sandy Bay Harbor of Refuge, from $75,000 to $100,000. Honse and has not been reported from the committee there. Appropriation for genernl surveys, from $75,000 to $100,000. The PRESIDENT pro te-mpore. If there be no objection a message Wilmington Harbor, California, from $56,250 to $70,000. will be sent to. the other Honse as requested by the Senator from Massa All item8 of appropriations which were contained in the bill re chusetts. ported t.o the Senate by the Senate Committee on Commerce and which PH 1886. CONGRESSIONAL....'-- .. RECORD-SENATE. 7905 bill by the Senate in the first instance; but after we have conferred and injure the Hennepin Canal," and when the end comes the Hennepin reconferred and.come to the subject again we have at last got rid of the Canal has disappeared from the bill. canals and increased the appropriations for the rivers and little bays Mr. GIBSON. Will the Senator from Illinois permit me to inter- and harbors in the-country scattered all about, especially if they hap- rnpt him for a question? pen to lie close by the localities represented by some new conferee~ It Mr. CULLOM. Yes, sir. seems very remarkable that the committee on the part of the Senate Mr. GIJ3SON . ..I wish to state to the Senator from Illinois that I shouldallowtheseimportantmeasurestogoout,andinaddition to that,. supported the Hennepin Conal, and that I have had about as much to aftier we had scaled down the bill25 per cent., should make fish of one do with increasing the appropriations for the bayous in Louisia.n.a as he and fowl of another and put up a good many of the items that we had had. I do not nowmeantospeak, however, of the merits ofthose im passed upon. I do not understand it. provement:s. I merely wish to correct the intimation of the Senator that T:Pe honorable chairmanofthecommitteewhomakesthisreportsays I had sought to exert influence on the conferees. I have not been be that the conferees on the part of the House recede from their opposition fore them, nor have I attempted to exercise their judgment. , to the app:~;opriation for the Hennepin Canal with an amendment. . Ur. MILLER. I suppose theSenatorfrom Louisiana, who is a mem What is the amendment? The amendment is to wipe the whole thing ber of the Committee on Commerce, heard the report which was made, out and consent to another survey. The Government of the United which was to the effect that every item in the bill less than $20,000 States has been surveying tl!at canal ever since I can recollect. TheFe . had been put back to the fignre at which it originally passed the Sen is a beaten path almost from the Illinois to the Mississippi River made • ate before the reduction of 25 per cent. was made. That accounts for by engineers sent out by the Government year after year to survey the all these additions. · Hennepin Canal. After all that long, tedious, and laborious effort on · Mr. McMILLAN. -That is correct. I made the statement, and it the part of the Government to find out where the canal ought to be lo- is in the_ .RECORD. · cated, the honorable conference committee comes in again and says that Mr. GIBSON. If the Senator from Illinois will permit me, I have the House conferees recede fr.om their opposition to the Hennepin Canal no doubt the improvements alluded to, though they appear to him to with an amendment, which is to survey it again. That is all there is bear strange names, are meritorious. In fact I may say that they are of it. It is mere trifling, so far as the Congress of the United States is meritorious. The Bayou Bartholomew, to which he refers, runs for 300 concerned. · miles in the State of Arkansas, and is therefore an interna.tion~l stream,· I have stood here, and I expect to do so, year after year in favor of the because it runs through two States, and that is the definition some strict improvement of the water ways of the country. I believe that the Gov- constructionists require; but the appropriation in the bill about which ernment of the United States ought to make these improvements, and I concern myself! think is quite as important as the Hennepin Canal. I want to act in good faith in reference to this measure; but when I am That is the Mississippi River, a stream with which I suppose the Sen to be told for the fifth or· siith time that the Hennepin Canal is all ator from Illinois is familiar. right, that it is going to be surveyed again, I think it is pretty near Mr. CULLOM. Perfectly. tinie to stop and see what it all means. . It simply means that· it is not Mr. GIBSON. If I understand the object of the Hennepin Canal it intended to do anything; and why do not .'the committee say so like is to get communication with the Mississippi River, and I am sure that men, strike out the item, and stop spending the money of the Govern- the Senator from Illinois will not undertake to deny that if it is im ment in surveying the line? portant to improve the streams tributary to the Mi'3Sissippi River and I do not know that it is worth w bile for me to stand here and talk to dig canals in order to obtain communication from the lakes of the about this matt-er, unless I Cf>Uld talk until the session ends, and I interior States in the Valley of the Mississippi River with that great should be glad if I could and get rid o( this thing; but I want.to say, river itself, it is equally important that we should deepen and im and I say it in perfect candor, that it does seem to me strange, if Sen· prove the Mississippi ;River, the trunk line, to which all these other ators upon this floor are looking upon the interests of this country as a streams are tributaries. whole, that the Congress of the United States is not willing to enter · I desire now with the permission of the Senator from Illinois to say upon the work of building that great canal in the interest of the com-· that there has been no appropriatiqn whatever for the Mississippi River merce of thi~ ·country. -In my opinion the co~truction of that canal, Commission. This commission was org'anized under an aet of Congress or a canal between the Mississippi River and the lakes in'the region of approved June 28, 1879, and the Senate adopted an amendment on the Chicago, is worth more to the commerce of this country than all the sundry civil bill pro~ding for their salaries and expenses. I under rest of the bill outside of the .harbor of New York. I believe, taking stand that the conferees on the part of the Senate consented ~hat that this nation as a whole, that that improvement is of more public utility appropriation should be stricken from the sundry civil bill, and that . to the commerce of this country than all the rest of the bill except, as the conferees on that bill sent the amendment of the Senate respecting I say, the improvement of the harbor of New York. the Mississippi River Commission and the Missouri River Commission Take the bill as it now comes here and as it has been acted upon be- to- the conferees on the river and harbor bill, and that instead of plac fore by the Senate, take the multitude of little bayous and rivers that ing this amendment for the maintenance of the commissions intrusted we find in the bill, put them all together and they do not begin to com- with the improvement of these rivers and in~rporating it upon the bill, pare with the advantage to this country which would come from the they rejected it. I am constrained to express my profound regret at construction of that canal between that great river and the lake at this, though I have no doubt they did all that was possible under the Qhicago. . circumstances. The appropriation for the commission is, therefore, Just look at this bill, Mr. President, full of appropriations of small one under existing law not new legislation. sumsfortheimprovementoflittle rivers: Steele's Bayou in Mississippi, Here we are improving the Mississippi River, providing by law for Tchula Lake; Mississippi RiVer, $1,500; · Yalobusha River, Mississippi, the expenditUI'e of $2,000,000 on that river, and $500,000 for the im $1,500, raised to $2,000. I should like to know of the chairman what provement of the Missouri River, the next river in this country, and was the reason for that? yet denying the necessary funds for the payment of the salaries of the Mr. McMILLAN. What item is that? commissionandfortheirexpenses,andyetthatcommissionhasaplantof · Mr. CULLOM. · Theraisingofthe appropriation forYalobusha River over a million and a quarter dollars. Now, there is no business in that. from $1,500 to $2,000. Tha~ was a very momentous question to be con- Mr. COCKRELL. Then no such bill as this ought to pass. sidered by the committee of conference. · It was very important to get :Mr. GIBSON. On general principles it should not, and but for the that up $500 and skip these improvements of importance to the coun- perplexities and embarrassment attending this important bill I would try. Then when you get down to the Amite River in Louisiana, there make a motion to non-concur, but that motion might be construed to was $1,500 in the bill, but by some influence or other that item has reflect upon the conferees, which, with my knowledge of the difficulties been raised to $2,000 in this last report that the committee has brought they have had to overcome, I can not get my own consent to do. I here. When you get down to Bayou Bartholomew in Louisiana, $3,500 shall hope the Senator from Iowa [M:r. ALLISON], chairman of the Com was the bill as passed by the Senate, and by a strong effort from Louisi- mittee on Appropriations, will at the proper time offer the joint reso ana or. some place else that amount baa been .raised to $5,000. Then lution I have prepared to meet the case. And at the worst, in my judg go down to another bayou, Courtableau, $3,750, and the influence of my ment, the salaries and expenses of the commissionel'S may be paid out distinguished friend from Louisiana, I expect, raised it to $5,000. So of the appropriations for the Mississippi and Missouri Rivers. The when you get over into Texas, represented on the committee by my Secretary of War will, I hope, so determine. Of course the officers on distinguished friend the Senator from Texas [Mr. CoKE], the amount the commission authorized by law will be entitled to their salaries. for Cypress Bayou is increasedfrom$13,500to $18,000. · I wonder what Mr. CULLOM. I desire to say in response to my honorable friend, influence got hold of the committee of conference to give such a boost the Senator from Louisiana that I had no intention whatever of inti for that bayou down in Texas. mating that he had improperly attempted to meddle with any confer- So you may go through the bill, and for some unexplained reasons ence or had done anything either in the Senate or out of it which was or other the rivers and bayous in the South, which to-day is running not entirely right and proper. I am only glad, if the Fivers to which the country so far as legislation is concerned, have man~ed by some he refers are of the merit he seems to think they are, that the confer means or other to get all that was wanted for them, and I do not know ence committee glided into them so nicely and gave the amount of but more; while all the important improvements in the North have money they wanted without the asking for it on his part. I am only been passed by with the statement to me occasionally, "Do not ask sorry they did not see some of the rivers up in my country and do like for any more for Dlinois River, or for Chicago River, because it nrlght wise. XVIT--49o 7906 CONGRESSIONAL RECORD-SENATE. AUGUST 3, Mr. McMILLAN. They did not come mto the same classes. minutes. It is a bill of local importance .and it is -.cry much desired Mr. CULLOM. We did not seem to come into the same classes. · by the two Senators from California that it should p~ I wish to say furthermore that no man in the Senate or ont of it has ~fr. BLAIR. I feel obliged to call for the regular order. a greater desire than myself to see the grand Mississippi River iruproved The PRESIDENT pro tempore. Theregularorderisthe Nottege pnn· as fully as it is possible to do it by money and skill and engineering; sion bilL ·· • . · and I say it because I have always felt that way and. have always ad Mr. CONGER. I hope the Senator from New Hampshire will allo vocated that policy on the part of the Government, and not only in re this bill to pass. lation to the Mississippi River but all the great rivers of the country, Mr. BLAIR. I can not. I must insist on the regular order unless L and t~e lakes, and the seaboard on onr East and our West as well; and am overruled by a Tote of the Senate. . while I am for this grand improvement, which I regard as the most im Mr. PUGH. I ask the Senator from. New Ham}>Shire to :illow this portant measure that can come before Congress, I also want to see bill to pass. It will not take :five minutes. Unless tha_t House b\11 is Senators take a little broader view than simply to look to the nei~h- acted on now it can not go back to the House. ' borJ:10ods in which they live and get the rivers in which they are in Mr.. BLAIR The Honse bas .adjourned. terested provided for and let other improvements go simply because The .PRESIDENT pro tempore. Pending the regular order, the pen work upon them has not yet been begun. sion bill, the Senn.to.r from .Aln. bama asks-- Now, sir, referring.to this bill a little more, I see that when we get · Mr. BLAIR. I call for the regular order. over into Arkansas the rivers there fare- splendidly under the admin • The PRESIDE...~ pro tempo1·e. The regul.a.r order is before the Sen istration of this last conference committee. I do not know how to ex ate. Pending that, the Senator from Alabama moves to proceed to the plain it, unless it is because one of the new conferees happens to live consideration of a bill the title of which will be stated. close by Arkansas. · The CHIEF CLERK. A bill (H. R. 5196) to detach certain counties Mr. 1\IcMILLAN. Will the Senator state who that was? from the United States judicial district of California and create the Mr. CULLO:U. The Senatnr ean telL I suppose he was a gentle United States judi<'ia). district of Southern Califom.in. man from the House from tho city of Saint Louis who got onto the Mr. EDMUNDS. I appeal tn the Senator from .Alabama. I reported conference committee. If he desires that I should name him, I can do that bill myself, .and it ought to go thraugh; but it is the fair thing so. The result was that the appropriations for a number of rivers in about this vetoed pension bill that we should act upon it, and we can that State hav~ been increased.· provide for that bill in a little while. Do letns.doonethingata-ti.me. ·Then after going a little further on in the bill we get over after There is no objection to the bill, but there areagreatmanyothers, and a while into California, and there a new conferee turns up and there I think as a matter of fair pJ.a.y to the Pre:,"ident we ought to take one increases in appropriations are made. So that while I repeat again square vote on oae of. these vetoed bills. that I believe and have said all the time that the honorable confe1·ees Mr. KENNA. Can not we arrange an hou:r for the oonsidemtion of on the part of the Senate did the very best they could to resist these in the House bills on our Calendar? creases proposed in the South, and resisted the efforts on the part of the Mr. EDMUNDS. When we can get the one vote on this pension House conferees to get these canals out of the bill, yet their feeling was bill we shall see about that. such that they yielded. I do not pretend to stand up and blame them The PRESIDENT 11ro tempore. The Chair will r('ceive a message for it, because it is a serious question, when it comes to the question from the House of Representatives. whether we are to have no bill at·aU or the best we can get, what it is Mr. PUGH. The bill could be passed while we are talking about it. best to do, and I am willing to say that so far as they were concerned 1\IESS.AGE F.ROl\I THE HOUSE. they felt that the time had come, if they were to get any bill, that they A. messag~ .from the. House of Representativ~, by Mr: CLARK, its had to yield these measures apd submit to the djetation of the confer Clerk, announced that the House had concurred in the report of the ees Qn the part of the House. The result is before us. committee of conference on the disagreeing votes of the two Houses on. I But I repeat again that so far as am concerned, however much I the amendments of the Senate to the bill (H. R. 9478) making appro may feel interested in these improvements,. taking the country over I priations fo.r sundry civil expenses of the Government for the :fiscal year do not feel that I can, co~tently with my own sense of duty and my ending June 30, 1887, and for other purposes. ideas ofwhat ought to be done in this matter, submit to the passage of this bill as reported without objection on my part. · MARY J. NOTTAGE-VETO MESSAGE. I do not desire to take up the time of the Senate in discussing it for The PRESIDENT p1-o tempore. Does the Senator from .Alabama. the purpose of consuming time, but I wish simply to say that I feel withdiaw his motion? that the Senate conferees ought not to have consented to allowing those Mr. PUGH. Yes, sir. canals to go out of the bill and then report it here for the adoption of The PRESIDENT pro tempore. The question beforetheSenate is on the Senate. the passage of the bill (S. 2005) ~nting a pension to Mary J. Nottage, The PRESIDENT pro tempore. The question is on concm:ring in the the objections of the President of the United States to the contmry not report of the committee of conference on the river and harbor bill. withstanding. On thiJ question the yeas and nays will be taken ac The report was concurred in. cording to the requirement of the Constitution. · The Secretary proceeded to call the rolL , ARMLESS OR LEGLESS PENSIONERS-RECALL OF .BILL. Mr. HALE (when Mr. FRYE'S name was called). My colleague M.r. SEWELL. The House having adjourned for the day and the [l!r. FRYE] is absent and paired · with the Senator from Maryland resolution amended a short·time since not having gone ~ the House (Mr. GORMAN]. . for action there, I move to reconsider the amendment adopted by the Mr. GEORGE (when his name was called). I am paired with the Senate asking the President to return the general pension bill to the Senator from New Hampshire [Mr. PIKE]. If be ·were present, I House. should vote "nay." TbePRESIDENTproteJnpore. The Senator from New Jersey moves Mr. KENNA (when his Da'!Jle-was called). I Yote "nay," but I to 1·econsider the action of the·Senate amending a resolution of the desire in that connection to st.'lte that I have been instructecl to an House in regard to recalling the bill (S. 2056) to amend the pension nounce a number of pairs, but in the confusion of the closing hours of laws by increasing the pensions of soldiers and sailors who have lost the session I can not recall them, so that I may announce genemlly an arm or leg in the service. If there be no objection, the amendment that everybody who does not vote on this question is paired. will be reconsidered a:nd disagreed to. Mr. PALMER (when his name was called). I am paired with the ~rr. ED:UUNDS: I wish the Chair would put tlte question to a Senator from North Carolina [Mr. VANCE]. If he were here, I should vote. vote "yea." · ~ The PRESIDENT pro tempore. The Chair will put the question on Mr. PLATT (when his name was called). I am paired with the the motion of the Senator from New Jersey to reconsider the vote. Senator from South Carolina [Mr. HAMPToN]. If he were present, I The motion was agreed to. . should vote ''yea,.'' The PRESIDENT pro tempore. The resolution stands agreed to with Yr. RANSOM (when his name was called). I am paired with the out amendment. Senator from Illinois (Mr. LoGAN]. If he were here, I should Y"Ote RECESS. "nay." 1\fr. ALLISON. I move that at 6 o'clock the Senate take a receES Mr. Mc1tiiLLA.J.~ (when Mr. SABIN's name was called). My col until8 p.m. league (Mr. SABIN] is detained from the Senate by indisposition. Ho The PRFBIDENT p1·o tempore. The question is on the motion of has a general pair witll the Senator from West Vuginia [1\Ir. KENNA]. the Senator from Iowa that at 6 o'clock the Senate take a reeess until He would vote ''yea'' if he were here. 8 o'clock p. m. l\1r. KENNA. If the Senator from Minnesota [Hr. McMILLA.Nl The motion was agreed to. states that his collea.:,O"\le [Mr. SABIN] would vote • yea" if present, I withdraw my vote. Not knowing how he would vote, I will not take 1\f.A.RY J. NOl'T.AQE.....,.VETO MES GE. any risk of misrepresenting him. I cheerfully withdraw my Tote if Mr. BLAIR. I call for the regular order. the Senator thinks his colleague would vote~' yea.' The PRESIDENT pro tempore. The regular ord~ is called for. Mr. McMILLAN. I haTe no doubt in my own mind how he · ould !Ir. PUGH. I ask the Senate to proceed to the consideration of Or- vote if present. der of Business 1827, b~ing House bill 5196. It will hot take five 1\Ir. KENNA. Then I withdraw my Tote. / . .. ~· - --- .. 1886. CONGRESSIONAL REOORD_-SENATE. 7907 I Mr. SEWELL (when .his name was called). I am paired with my and they have beeil passed in the time of President Cleveland under colleague [?t'Ir. McPHERSON]. Otherwise I should vote "yea. 11 precisely sim.ilar circumstances. The roll-call was concluded. Mr.. COCKRELL. I should like io know how it is that a clerk com Mr. RANSOM. The Senator from Colorado [.Mr. BOWEN] is paired petent to discharge the duties of his office in the Pension Office could on this question with the Senator from Alabama [Mr. MORGAN]. make such a report. Mr. TELLER. My colleague '[Mr. BoWEN] is ~air-ed with the Sen Mr. WILSON, of Maryland. . It is very strange. ai;or from A.la.bama [Mr. MoRGAN]. The Senator from Rhode Island Mr. COCKRELL. Do they not keep in the Pension Office a record, [Mr. CHAcE] is paired with the Senator from Tennessee [Mr. WHIT independent of the bundles of papers with the labels on th-e m in each THORNE]. The Senator from Rhode Island would vote ''yea,'' if pres- case? ent, as wouJd my colleague. . Mr. WILSON, of :Maryland. I can not state to the Senator from Mr. CAMERON. I am· paired with the Senator ftom South Caro Missouri all the circumstances under which this report was made, but lina (Mr. BUTLER]. certain it is that the President had not the papers before him; certain Mr. SAULSBURY. I am paired with the Senator from Vermont [Mr. it is that the President states in his veto message that he has been in MORRILL]. If he were present, I should vote "nay. 11 formed by the Pension Office that sueh papers were not there and were The result was announced-yeas 26, nays 19; as follows: not in existence. I hold in my hand now the papers, and I think they YEAS-26. prove the state of fa-cts beyond all controversy, which if the President Allison, Evarts, Mahone, Spooner, had known he never would have vetoed the bill. As I said hefore, Blair, Hale, :1\io.nderson, Stanford, there are precedents innumerable in the history of the Government of Cameron, Harrison, Miller, Teller, pension bills passed in just such cases. Conger, Hawley, Mitchell of Oreg., Wilson of Iowa.; Cullom, Hoar, Riddleberger, Wilson of Md. l!Ir. COCKRELL. One question. I want to get at the point of how Dolph. Ingalls, Sawyer, this information came to be sent to the President that there were no Edmunds, Mcl\Iillan, Sherman, papers on file and that there had been no application filed. Do they NAYS-l!l. not keep in the Pension Office a record showing the name of the appli Beck, Call, Gray, Payne, cant, the date of his application, his post-office address, and whether Berry, Cockrell, Harris, Pugh, the application has been acted on, whether it is pending, or whether it Blackburn, Coke, Hearst, V es~. Brown, Eustis, , Jones of Arkansas, Walthall. has been allowed? · Butler, Gibson, Maxey, • Mr. WILSON, of Maryland. I presume they do, but I can only ac- - 4-BSENT-31. count for it by the carelessness on the part of the clerk on who e infor Aldrich, George, Mitchell of Pa., Sabin, mation the President acted. Bowen, Gorman, Morgan, Saulsbury, l!Ir. WHITTHORNE. I am thoroughly satisfied myself from my Camden, Hampton. Morrill, Sewell, examination of this case, not being on the committee at the time it was Chace, •Jones of Florida, Palmer, Vance, Colquitt, Jones of Nevada, Pike, VanWyck, originally examined, that there was a mistake, and that this is a meri Dawes, Kenna., Platt, Voorhees, torious case, and that it ought to pass, everybody to the contrary not Logan, Plumb, Whitthorne. Fair, withstanding. ' Frye, l\IcPherson, Ransom, The PRESIDENT pro tempol'e. The question is on the passage of the The PRESIDENT pro tempore. Two-thir.ds not having voted in favor bill1 the objections of the President of the United States to the con of the bill, it is not passed. trary notwithstanding; on which question the yeas and nays will be taken in accordance with the requirement of the Constitution. JOSEPH ROMISER-YETO 1\IESS.A..GE. The Secretary proceeded to call the rqll. Mr. BLAIR I desire to call tb.e attention of the Senator from Mr. PLATT (when his name was called). I am paired with the Sen Maryland [1\lr. WILSON] to the bill which ne has in charge, in regard ator from South Carolina [Mr. H.AJ.\IPTON], but I thlnk on this vote I to which I do not understand that _there is any controversy, which may vote. I vote ''yea.'' might be disposed of at this time, and very likely without any ·discus Mr. SAULSBURY (when his name was called). I am paired with sion atall, if theSenatorwill call it up. Itison the sixteenth page of the the Senator from Vermont [Mr. MORRILL]. . Calendar. It is the bill which has passed the House over the-reto and The roll-c.all having been concluded, the result was announced-yeas which has been reported unanimously by the Senate committee. 50, nays 0; as follows: Mr. HARRIS. Is that a vetoed bill? 1."E AS-50. Mr. EDMUNDS. Yes. Allison, 'Edmunds, Kenna., Sawyer, Beck, Eustis. 1\Icl\Iillan, Sewell, Mr. WILSO~, of faryland. It was returned to the House by the Berry, George, 1\.Iahone, Sl:ierman, President and there passed by a two-thirds vote over his objections. I Blackburn, Gibson, 1\Iandetson, Spooner, ask that it be taken up. Bl:l.ir, Gorman, 1\Iaxey, Teller, Brown, Gray, l\1iller, Van 'Wyck, The Senate proceeded to consider the bill (H. R. 1059) to grant a Butler, Hale, Mitchell of Oreg., Vest, pension to Joseph Romiser. Call, Harrison, Palmer, Walthall, The PRESIDENT pro tempore. The question is, Shall the bill pass, Cameron, Hawley, Payne, Wbitthorne, Cockrell, Hearst, Platt, . Wilson of Iowa, the objections of the President of the United States to the contrary, Conger, Hoar, Pugh, Wilson of Md. notwithstanding? . · Cnllom, Ingalls, Ransom, :M:r. WILSO~, of Maryland. This bill was vetoed by the President Dolph, Jones of .A.rk.nnsas, Riddleberger, under the supposition that no application had been made to the Pension N.A.Y8-0. Office for the allowance of a pension by the applicant in this case. The ABSENT-26. President had been informed from the Pension Office that no applica Aldrich, E\·art.s, Logan , Sabin. Bowen, Fair, McPherson, Saulsbury, tion had been made and no proof filed. Under that supposition he Camden, Frye, 1\litchell of Pa., Stanford, vetoed the bill, not having the facts of the case before him. In fact, Chace, Hampton, 1\Iorgan , Vance, the veto was not the deliberate judgment of the President. I have the Coke, Harris, Morrill, Voorhees. Colquitt, Jones of Florida, Pike, papers here now, which the President knew not of at the time· he vetoed Dawes, Jones of N eTada., P l umb, the bill. These papers contain proof sufficient to satisfy anybody that The PRESIDENT pro tempore. The bill is passed _un.anim~usly. the applicant is entitled to the pension. I firmly believe if the Presi dent had seen these papers and examined them the bill would now be COURTS I .e CALIFORNIA. a law and we should be saved the necessity of acting on t.he veto. ?tlr. BLAIR. We should like to consider some more of these cases ?tfr. HARRIH,. Does the Senator from 1\;Iaryland state that the Presi this evening. , dent sent to the Pension Office for the papers and: was told they were . Mr. EDNfUNDS. I w.1111t to ask unanimous consent to do something. not there? . I ask unanimous consent that the bill for the southern district of Cal Mr. WILSO~, of J.\laryland. The President sent for the papers, but ifornia may be taken up, considered, and passed. We can do it before it appears that when they were sent back from Congress after the bill 6 o'clock, and our friends from California have not asked any favors of ' had passed they were in some way misplaced in the Pension Office, and the Senate, and for them I make this request. when the President sent there the clerks could not find them, and a By unanimous consent the Senate,_ as in Committee of the Whole, . message was sent to the President from which he inferred that no ap- proceeded to consider the bill (H. R. 5196) to detach certain counties plication had been made and no papers :filed. · from the United States judidal dista:ict of California and create the :Mr. HARRIS. He came to the conclusion that no a-pplication had United States judicial district of Southern Caiil'ornia. ever been made to the Pension Office; and you think if he had seen the Mr. EDMUNDS. I ask unanimous consent to extend the time for papers he would have signed the bill? the recess five minutes. Mr. WILSON, of 1\Iaryland. I feel certain that pensions have been The PRESIDENT pro tmnpote. That order will be made if there be granted from the foundation of this Government and even· before its no objection. The Chnir hears hone. The amendments reported by foundation during the old Continental Congress under precisely such the Committee on the Judiciary to this bill will be stated. circumstances as these. Such bills were signed by General Jackson, The first amendment reportecl by the Committee on the .Judiciary and there are precedents back to the time of Washington. They were was to strike out section 4, in the following words: passed in the time of 'Lincoln; they were passed in the time of Grant, SEC. 4. That the circuit or district court for either of said districts may, in its -- --o- - - 7908 CONGRESSIONAL REOORD-SENATE. AUGUST 3, discretion, order special terms, and order a grand or petit jury1 or botl~ 1 to attend ing to the Calendar; I desire to ask u_'animous consent this evening or the same, by an order to be entered of record twenty days oefore t.ne day at which said specinl terms shall be ordered to convene; and said courts, respect to·morrow morning to pass.ait. . ively, at such special terms shall have all the powersthattheyhave at a regular Mr. HARRIS. It will be :th the same position if put on the Calen term appointed by law: PrO'Vided, however, That no special term of said circuit dar. court for either district· shall be appointed except by and with the concuttence and cor.osent of either the circuit judge or circuit justice. • The PRESIDENT pro tempore. The bill will lie on the table. Mr. MAHONE. The Committee on Public Buildings and Grounds The amendment was agreed to. report a joint resolution from the House of Representatives, that only The·next amendment was, in section 8, line 4, after the word "pay embraces about five lin~, which is necessary io give effect to a public able," to strike out "monthly" and insert "quarterly;" so as to building bill passed for the State of Georgia some weeks ago, and I ask read: its immediate consideration. SEC. 8. That there shall be appointed a district judge for said southern dis trict of California, who shall reside therein, and who shall receive an annun.l Mr. EDMUNDS. There is riot time now. salary of $4,000, payable quarterly from the Treasury. The PRESIDENT pro tempore. The hour of 6 o'clock and 5 minutes The amendment was agreed to. having arrived, it is the duty of the Chair to declare a recess until 8 The next amendment was, in section 9, line 6, o.fter the word ''fixed,'' o'clock. ·to insert "and limited;" and in thesamesection, aftertheword "Jaw," at the end of line 7, to strike out the words: · EYENIKG 'SESSIOR The same person may be appointed clerk of both courts. The Senate reassembled at 8 o'clock p. m. So as to make the section read: PETITION. SEC. 9. That the circuit and diRtrict judges of said southern disti·ict of Califor · Mr. BLAIR presented the petition of Mrs. Sarah E. Rose, of Bloom nia. shall each, respectively, appoint a clerk for their respective courts, who shall reside and keep their office at Los Angeles, in said district, and who shall re field, N.J., praying remuneration on account of confiscation of the ceive such fees and compensation for services performed by them, respectively, schooner W. H. Rutan by the Government; which was referred to the as are now fixed and limited by law. Committee on Claims. The amendment was agreed to. R • .A. l~ENNELL. The next amendment was, in section 11, line 5, after the words "and emoluments now," to strike out "received by them" and insert "pro M1·. VANCE, from t.he Committee to audit and Conb·ol the Contin vided by law;" so as to make the section read: gent Expenses of the Senate, reported the following resolution for con sideration: SEo. 11. That nothing in this act shall in any manner affect the tenure of of fice of the judge, marshal, United States attorney, or other officers of the present Reso~ved, That one month's pay, from 15th April to the 15th May, ~e paid by district of California, who shall, respecth.-ely, be entitled to the same salaries, the Secretary of the Senate out of the contingent fund of the Senate to R. A. fees, and emoluments now provided by law. Fennell, a messenger removed from office. The amendment was agreed to. BILL INTRODUCED. The next amendment was, after section 11, to insert the following Mr. BLAIR introduced a bill (S. 2888) granting a pension to Mary new section: J. Nottage; which was read twice by its title, and referred to the Com Sxc. 12. That all offenses heretofore committed in the district of California mittee·ou Pensions. shall be prosecuted, tried, and determined in the same manner and with the same effect, to all in tents and purposes, as if this act had not been passed. • MISSISSIPPI .AND ~IISSOURI RIVER CO"'Il\IISSIONS. The amendment was agreed to. · Mr. ALLISON. I ask unanimous consent to introduce a joint reso- Tne next amendment was to strike out section 12 of the bill, as lution and to put it upon its passage. · follows: · The joint resolution (S. R. 83) for the payment of the salaries of the SEc. 12. That this act shall take effect from ana after its passage. Mississippi and Missouri River Commissions, and for other purposes, was read the first time by its title. _ · . The amendment was agreed to.- The PRESIDENT pro tempm·e. Is there objection to the present con The bill was reported to the Senate as amended, and the amendments sideration of the joint resolution? were concurred in. Mr. EDMUNDS. I have uo objection to its being considered sub- The amendments were ordered to be engrossed and the bill to be ject to objection. · read a third time. Mr. ALLISON. Ve1·y well. The bill was read the third time, and passed. The PRESIDENT pro tempore. The joint resolution will be read, :Mr. EDMUNDS. I move that the Senate insist on its amendments subject to objection. and ask for a conference with the House of Representatives thereon. The joint resolution was read the second time at length, as follows: The motion was agree.d to. Be it resolved, &e., That the sum of SOO,OOO, out of any money in the Treasury not By unanimous consent, the President pro tempore wa.c; authorized to otherwise appropriated, be, and is hereby, appropriated for the pl\yment of the appoint the conferees on the part of the Senate, and Mr. EDMUNDS, salaries, traveling and office expenses, aud contingencies of the Mississippi River Commission and the assistant engineers under them; and the sum of li'OO 000 is :Ur. INGALLS, and Mr. P UGH were appointed. . hereby appropia.ted for the payment of the salaries, travelipg and offi~e ex penses, and contingencies of the 1\fissouri River Commission and assistant en ENOLS LLOYD. gineers under them. Mr.llA.RRISON. I wanttoasktheSenateto consideralitUeHouse bill of nine lines favorably reported from the Committee on Military Mr. EDMUNDS. I shall reserve the right to object. .A.s it is taken .Affairs-House bill3318. up, I should like to have the Senator from Iowa explain how it happens The PRESIDENT p1·o tempore. The Senator from Indiana asks the that after the sundry civil bill, and the deficiency bill, and the river unanimous consent of the Senate to proceed to the consideration of a and ha:rbor bill, and every other kind of a bill has been disposed of. bill the title of which will be.stated. that it turns out that it requires a special and speedy appropriation of The CHIEF CLERK. ".A. bill (H. R. 3318) for the relief of Enols this kind to carry on the affair. - Mr. ALLISON. I will explain. Hitherto it ha.s been the custom Lloyd." By unanimous consent the Senate, as iu Committee of the Whole, to app1·opriate for these two commissions in the sundry civil bill. The proceeded to consider the bill. It provides for payment to Enols Lloyd Senate inserted these two items in the sundry civil bill, and they passed of the pay of a wagoner of artillery from the lOth of May, 1863, to the the Senate. When the bill came into conference it was insisted on the 1st of Septembet, 1864, on account of services rendered in that capacity part of the conferees of the House that this properly and appropriately in Battery G, First Michigan Light Artillery Volunteers. belonged to the river and harbor bill, which I think was a very reason The bill was reported to the Senate without amendment, ordered to able claim, and they insisted that they would not appropriate for it in the sundry civil bill. Thereupon the Senate conferees agreed that the a third reading, read the third time, and passed. item might be stricken from the sundry civil bill, and it was so done. PACKING AND SELLING CUT TOBACCO. lmmediately I notified the chairman of the Committee on Commerce Mr. MAHONE. I offer an amendment which I intend to propose to and another conferee on the -part of the Senat-e on the river aod harbor the bill (H. R. 8738) to.so further amend section 3362 of the Revised bill that this was stricken from the sundry civil bill, and that ifpro Statutes as amended and section 3363 as makes a distinction in the vided for at all it should be provided for in the river and harbor bilJ. mode of packing and selling tobacco, and I move that it be referred to The conferees on the river and harbor bill provided for the continu the Committee on Finance. ance of the work on the Mississippi River and on the Missouri River The motion was agreed to. under these commissions, but failed to make provisions for the neces sary expenses of the two commissions, so that the river and harbor bill . REPORTS OF COMMITTEES. thus having passed to-day without this provision, and the E=undry civil Mr. MAHONE. I had no opportunity in the morning hour to make bill also having been passed without the provision, if these two com ./ some reports. I now desire to report from the Committee on Public missions are to remain in charge of the work on the 1tfississippi and Buildings and Grounds without amendment the bill (H. R. 9371) for Missouri Rivers it is necessary that the joint resolution should be the completion of a publie building at Santa Fe, N. Mex. passed. I also report from the same committee with an amendment the bHl 1\Ir. EDMUNDS. It is certainly a very singular thing that this em (S. 1597) for the erection of a public building at Yonkers, N.Y. pirical kind of legislation in what is supposed to be happily the last Mr. MILLER. I ask that that may lie on t.he table instead of go- hours of the session has to be resorted to, when two committees -- ~·- 1886. CONGR.ESSIONAL RECORD-SENATE. 7909 within twenty-four hours, one or the 'Other or both of which ought to Mr. COCKRELL'. Is that in order? have had this item, if it be proper, as I have no 'reason to doubt it is, in The PRESIDENT pro tempore. A motion is made to proceed to the one or the other of those bills, should follow right on after the passage of consideration of the resolution, which is in oTder. those bills, and it is necessary to have a separate measure to piece out Mr. BLAIR. It will take but a moment. one or the other of those two bills. I do not like that kind of legis The motion was agreed to. lation, but I shall not object if my friend from Iowa states, as I under The PRESIDENT pro tempore. The resolution is before the Senate, stood him to do, that tnis provision is precisely in the form in which and the question is on agreeing to it. · it stood in the sundry civil bill. · Mr. BLA.IR. Last year the committee was directed to proceed to the Mr. ALLISON. It is, except that the amount is reduced in one in- completion of its investigation, which is already substa.ntially com- J~ stance from $100,000 to $50,000. · pleted. It remains to prepare a single volume. Much of the evidence· :Mr. EDMUNDS. But the modus is the same. has been obtained and taken; but I ~hairman of the committee, and Mr. ALLISON. The ?nodus is substantially the same. owing to the fact that my election# did not take place until after the Mr. EDMUNDS. Then I shall not object, but I hope it will never termination of the session a question was· raised as to my authority to. be done again. - · proceed in the expenditure ol public money. I ·thought it was a ques- Mt. ALLISON. I hope not either; and I wish to say that the Com tion which was so serious that I did not undertake the completion of mittee on .Appropriations is in no sense responsible for this failure. It the work; and so it has not been done to the present time/ There will · is a matter which properly and legitimately belongs to the river and not be any great amount of expense attending it, and I sim~ly desire harbor bill, and it ought to have been provided for in that bill. authority to do in the coming vacation what otherwise would have been Another reason why the sundry civil bill does not contain it is the done in the last. fact that up to the very last moment, and up to the report of the. con Mr. TELLER. How much will be the expense? ferees on the part of the two Houses, it was not known whether the :Mr. BLAIR. Of course I can not tell exactly. I haYe no idea that Mississippi River Commission would be abolished or continued, because it will be $2,000. · the House bill abolished the MissisSippi River and Missomi RiYer Com.: Mr. COCKRELL: It will be the expense of a regular clerk and missions. The matter was thus held in controversy until the very last stenographer and the paraphernalia, I suppose, that attends these spe- moment, and it was not until to-day that it was ltnown whether the cial committees. · river and harbor bill would include these two commissions. :Mr. BLAIR. There have been smne eight or ten of the kind already Mr. RANSOl\f. Mr. President, I shall not detain the Senate. I granted at this session; and I assure the Senator that if the committee will simply say that the chairman of the Committee on Appropriations has a clerk, and it needs to have one, there will not probably be occa is mistaken in saying that this provision properly belonged to the river sion for the amount of expense that would otherwise attend the em and harbor bill. It never has been put upon that bill. However, I ployment of a clerk, as it is impossible to complete this work without do not care to debate the question. I wish to have the joint resolution some assistance. passed. Mr. COCKRELL. Does thi 26, 29,31, 32, 33,34, 35, 37. 41, 45, 50, :>9. 61, 7;), !76, 77,81, 82, 83,84,87,. 9,il8, 103,104, lOCi the amendmen of the Senat-e mJmbered 85;and agree to the same with an .:~,oo, 1.07, no, 113, 119, 12!! ~u. 12.3, 12q~ 134,135,136,146,149,150, IIH, 159, 161,162, 163. amendment as follows : In liE;?u of the sum proposed insert "~.~; " and the 1G4, 174, 1;11, 17 , 1 2 1 ··, 185, JSS, 193,·199, 200, !!01, 2ffi, 219,222, 2~ . 2:;3, ":}f, 235, and enate ag1·ee to t.he sa.me. • 236. • . Amendment numbered 86:' That the House recede from its disagreement to That the House recede from its disagreement to the amendments f the en . the amendment of. the Senate numbered 86, and agree to the same wlth nn ate numbered 2, 3, 8, 9, 17, 18,19, 20,2-1, 27,28, 30,42. 46,47,49,51, 52,53 54,05,56,57,5 ·. amendment as follows: In lieu of the sum proposed insert "$3,000 ; · and the 60, 62,04, 65, 66, 67, 97, 9!.:!, 100,101,102, Ill, 112,114,115,116,118,120, 12:J, 127, 31, 133, 131, enate agree to the same. 140,141,142 14J ,151, 152, 155;160,165;166, 167,168, 169,175, 177,180,181, 18!, 189,190,191, Amendment numbered 88: That the House :recede from its dlsagTeement to 192,194,196, l!l-7,193, 202,203, 205,206,208,209,210,211, 214T215, 2l6,217,. <><>r- , :.!'27, 22 , 229, the amendment of the Senate numbered 83, and agree to the same with an 230,238,ana 239,and agree to the same. amendment as follows; In lieu of the sum proposed insert "$1,500;" and the Amendment nui:nbered 1: That the House recede fxom its dis:lgTCLfilent to the &nate agree to the same. amendment of the·Sena"te numbered 1, llnd agree to the sa.me ith n amend Amendment numbered 90: That the House :t:ecede from its disa.greement to ment as follows I In lieu oftbe sum propo ed 1n said amendment inserl, "$10,000; " the amendment of the Senate numbered 90, and agree to the same with an and the Senate agree to the same. . amendment as follows: In lieu of the sum proposed insert "$4,000;_ and the Amendment numbered 5 : That the Hoase recede from its die&g eement to the Senate agree to the same. amendment of the Senate numbered 5, and agree to the same""ith ::m 1lmend .Amendment numbe1·ed 91: That the House recede from its disagreement to ment as follows: In lieu ofthe sum p~·oposed in said amendment i m:c rt "$50,000;" the amendment of the Senate numbered 01, and agree to the same with an and the Senate ngrce to the same. - , .. amendment as follows: In lieu of the sum proposed insert "$2,~;' and the Amendments numbered 6 und 7: That the House reced from 1t a disagree enate agree to the same. · ment to the runendments of the Senate numbered 6 and 7, and a., ee to the Amendment numbered 92: 'l'hat the Rouse 1·ecede from its disagreement to same with an amendment as follows: In lieu of the matter t.Tlcken out and in the amendment of the Senate numbered .92, and agree to the sam with an serted by said amendments strike out-the amended paragraph; ::.ml the enate amendment as follows: In lieu of the sum proposed insert "$1,500; " and the agree to the same. enate agree to the same. · Amendment numberedl2: That the House 1·ecede from i s · isa 1oement to Amendment numbered 94: That the House recede from itsdlsagreemcntto the the amendment of the Senate numbered 12, and agree to tbe s: rne with a1~ umendment of the Senate numbered 94; and agree to the same with au amend amendment as follows: In lieu of the sum proposed in said amendment insert ment as follows: In lieu of the sum proposed insert "$3,000;" and the enate "$15,000 ;" and the Senate agree to the srune. · . agree to the same. Amendment numbered 23; That the House recede from its i~gt·cement to . Amendment numbered 95 • That the House recede from· its disagreement to the amendment. of the Senate numbered 23, and agree to the · me \"\ith an the amendment of the Senate numbered <95, and agree to the same with an amendment. as follows: In lieu of the sum proposed in said am!.'J ument in ert amendment as follows: In lieu of the sum proposed insert "$101,550 ;" and the "$500;" and the Senate agree to the same. · Senate agree to the same. - Amendment numbered 25: That the House recede fxom.its is.,gt·eementto Amendment numbered 96: That the House recede fromits disagreement to the the nmendment of the Senat-e numbered 25, and agree f.o the same with an amendment of the Senate numbered 96.and agree to the same with an amend amendment, as follO"'fS: In lieu of the sum proposed in said amend·m.ent in ·et·t ment as follows; In lieu of the mattez: proposed to be inserted insert the follow "$l5,000;" nod the Senate agree to the same . ing: " For furnishing points for State i«trveys, to be applied as far as practicable . Amendment numbered 36: That the llouse recede from its diw<>-reement to · in States wbere points have not. been furnished, $8,000 ;" and the Senate agree the :uuendment of the Senate numbered 36, and agree to the same with an amend~ to the same. menta~ follo,>s: In lieu of the sum proposed in said amendment· nsert " '"12,000;" Amendment numbered 99: That the House recede from its disagreement to the and the Senate agree to the same. amendment of the Senate numbered 99,and agree to the same with an amend Amendment numbered 38 :. That the House recede from its disb.g caement to ment as follows: Strike out line 1 of the matter proposed to be inserted by said the urn endment of the Senate numbered 3 , and agree to the same with an.amend amendment, and in lieu of the sum proposed in the last two lines of the matter ment as follows: In lieu of the stun proposed in said amendment lm:.,J·t" $35,000 ·" proposed to be inserted insert "$125,178.82;" and the Senate agree to the "same. and the Senate agree to the same. Amendment numbered 132: That the House recede from its disagreement to Amendment numbered 39: Tbat the Hou c recede from its disagreement to U1e the amendment of t.he Senate numbered 132, and .agl'ee to the same with an amendment of the Senate numbered 39, and agt·ee to the same T-.-lth vn amend amendmentasfollows-: Inline 11and12offljl.idamendmentstrikeoutthewords ment as follon·s: In lieuofthesttm proposed in said amendment ins r L" $50,000; '' "the clail'nants or," and in lieu of the sum proposed in said amendment insert and the Senate agree to the same. "$5,000: " and thp Senate agree to' the same. Amendment numbered 40: That the House .recede from its i greement to Amendment numbered 138: That the House recede f.rom its disagreement· to the amendment of the Senate numbered 40, and agree to tb~ s:tme with an the amendment of the Senate numbered 138, and al\t'ree to the same with an amendment as follows: In lieu of the sum proposed in said amandment inser~ amendment as follows: In lieu of the matter proposed to be stricken out in "$10,000;" and the Senate agree to the same. sert the following, namely: "For extending the fo1;:.rth floor around the whole Amendment 'numbered 43: That the House recede from itS' di.sag·i-eement to buildn1g, to extend the wrought-iron gallery, and to provide light, heat, and ve n the amendment of the Senate numbered 43, and agree to the me with an tilation for the new fourth-story rooms to be used for record rooms, 61,000; " amendment as follows: In lieu of the sum proposed in said amendm.ent insert and the Senate agree to the same. "$20,000: n and the Senate agree to the same. :Amendment numbered 139: That the House recede from its disagreement to Amendment numbered 44: That the Honse recede from: it dis g1·eement to the amendment of the Senate numbered 139, and agree to the same with an the amendment of the Senate numbered 44, and agree to the same wiLh an amendment as follows: In lieu of t-he matter proposed to be stricken out insert amendment as follows: In lieu of the smp proposed in said n.mendment insert the following : ''In all, $150,000; and the said Pension Office building sh.'\ 11 be "$1,200; ' and the Se11ate agree to the same. under the control of the Secretary of the Interior and subject to such rules and -Amendment numbered 4l:!: That the House recede from it ills greement to regulations as he may prescribe; " an !I the Seua.t-e agree to the sRme. the amendment of the Senate numbe1·ed 48, and agree to t he Dflme with an Amendment numbered 143: That the House recede from its disag>-:eement to amendment as follows: Strike out the amended paragraph; r..n the Senate the amendment of the Senate numbered 14=3, and agree to the same with an agree to the same. amendment as follows: In lieu of the matter proposed insert the follo-wing: Amendment numbered 63: That the House recede from its di.w.gTeementto tht: " For introducing the electric light into the. entire Senate extension wing of the amendment of the Senate numbered 63, and agree to the same with an amend Capitol, under the direction of the Architect of the Capit{)J, $20,000 ; u and the ment as follows: In lieu of the matter proposed to be inserted b ~aid amend 'enate agree to the same. merit insert the following: "The Light-House Board is hereby authorized to Amendment numbered 14.5: That the House recede from its disagreement to place u. ligh_ t-ship off the south end of Ram Island Reef, Fisher's Island Sound, the amendment of the Senate numbered 145, and agree to the same with an Long I lanu ound. ~ewYork;" and the, enate agree to the same. amendment as follows: Restore the matter proposed to be stricken out by said _Amendment nmubereu 74: That the Senate recede from it dis3.greement to amendment, and at the end thereof add the folio wing : ''Except only so JU.uch as the amendment of the House to the amendment of the Senate numl' ered 74 , anu may be necessary to pay the actual cost of clerical services ·employed -exclu agree to the same. sively in contested cases, and they shall make report quarterl,y, under oath, of . ·Amendment numbered 73: That the IIouse recede from itil amendment to the all expenditures for such clerical services with vouchers therefor; " and the Sen Senate amendment numbered 78, with an amendment as folio s: Strike out of ate agree to the same. said Senate amendment the words "Great Kanawha Rive ·, Ves 'irginia; ' Amendment numbered 153: That the House recede fro~ its disagreement to and the enure agree to the same. the amendment of the Senate numbered . l5~ and agree to the same with an Amendment numered 79: That the House recede from its d"-.f,!}'reement to amendment as follows: Iu lieu of -the sum proposed in s.'1.id amendment 4tsert the amendment of the Se nate numbered 79, and agree to the satue with an "$25,000;" and the Senate agree to the same. amendment as follows: In lieu of the sun'l proposed insert ".,.lW.(l()(); " and the Amendment numbered 172: That the House recede from its disagreement to Senate agree fo the same. · the amendment of the Senate numbered 172, and agree to the snme wUh an Amendment numbered 80: That the House recede from its dis:.gTcem ent to amendment as follows: In lieu of the sum propo!ied in said amendment insert the amendment of the Senate numbered 80, and agree to the same with an '' $>00; '' and the Senate a.gree to the same. amendment as follows: In lieu of the matter proposed to be strickeuontinsert Amendment numbered 173: That the House recede from its disagreement to the following: "And including tl'aveling expenses of officers and men of the t.be amendment of the Senate numbered 173, and agree to the same with an Navy on duty; for commutation to officel"S of the field force while on field duty, amendment as follows: In lieu of the sum proposed in said amendment insert at a rate to be fix.ed by the Secretary of the. Treasury not exceeding $2.50 per "3t5,000; '!and the Senate agree to the same. day each; " and the Senate agree to the same. Amendment numbered-179: That the House recede from its disagreement to Amendment numbered 85: That the House recede from it dLs. g-reement to the amendment of the. Senate numbered l'iO, and agree to the same with an the amendment of the Senate numbered 85, and agt·ee to the mmc with an amendment as follows: In lieu of the matter proposed to be stricken out by said amendment as follows: In lieu of the sum proposed insert " 000; " and the amendment insert" to be expended by contract or otherwise, as the President Senate agree to the same. . mav determine;" and the Senate agree to t-he same. Amendment numbered 86: That the House 1·ecede fxom it d · g-reement to Amendment numbered 186: That the House 1·ecedc fxom its disagreement to the amendment of the Senate numbered 86, and agree to the r-: me with an the amendment of the Senate numbered 186, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "~;3 , 000; ' and the amendment as follows: In lieu of the sum proposed insert "$225,000 ; " ' and the Senate agree to the same. · Senate agree to the same. Amendment numbered 88: That the House recede from its d' ·rcement to Amendment numbered lfrt: That the House recede from its disagreement to the umendmcnt of the Senate numbered 88, and agree to the s me with an the amendment of the Senate numbered lfrt, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "Sl,~> ; " and the amendment as follows: In lieu of the matter proposed insert the follo·wing: Senate agree to the same. "Wharf at Fort :M:onroe, Virginia: In full for the construction and completion Amendment numbered 90: That the House recede from its isa., ement t o of a new wharf, and improvements to the roadway leading thereto, on the Go-v- the amendment of the Senate numbered 90, and agree to the n. me with an ernment reservation at Fortress :M:onroe, Va., upon plans to be approved by amendment as follows: In lieu of the sum proposed in ·ert "$!,000; " and the the Secretary of War, SlOO,OOO, or so much thereof as may be nece sary for the Senate agree to the same. . purpose ; '' and the-senate agree to the same. Amendment numbered 79: That the House recede. from its di · .,,;reement to Amendment numbered 195: That the House reced-e from its disagreement to the amendment of the Senate numbered 79, and agree to the same with an the amendment of the Senate 11umbered 195, and agree to the same with an ameudment as follows: In lieu of the sun1. p),'oposed ipsert "~1W , O" ; " and the amendment M follows: In lieu of the matter proposed by said amendment in Senate agree to the ame. · sert the foll~wing: "And in 1·educing the force the enlisted men at Fort Jllyer, Amendment nmnbeTed 0: That the House recede from i ts dlsngrcement to Virginia, denoted the' permanent party,' shall first be mustered out: ·Provided, . the amendment of the Senate numbered 80, and agree to the same with an That tbis .xcstriction shall not apply to the pay or commutation or ell..-pense of amendment a follows: In Jien of the matter proposed to be stricken out.insert ):eturn from their stations to their h'omes of any enlisted men in exce s of the the following: "And including' traveling espen es of officers nnd tnen of the four hundred and seventy men, a<.'Cruing})rior to U1e passage of this act;" and Navy ondnt - ~-; for commutation to officers of the field force w ilc on field duty, the Sen.'lte agree to the same. . at a rate to be fixed by the Secretary of ~he Treasm·y npt escccding $2.50 per Amendment numbered 212: That the House recede from its disagreement to day e::J.Ch; '' and the Senate agt·ee to the same. the amendment of the SeiUltc numbered 2L2, and agree to the same with an • Amendment numbered~: That the House recede from ii~· r !·,;recment-to amendment as follows: In lieu of the ~tter proposed insert: "For necessary J 1886. CONGRESSIONAL REOOR.D-·SEN.ATE. 7911 co tru~tion and repairs at Southern .Branch, llampton, Va., under estimate in finally arranged that $15,000 should be appropriated-to-the ·education Appendix: J j , pages 299 and 300, Book of E timates for 1887, $.>7,500;" and the of the native races ·in Alaska. Senate ngree to the same. · ' ·. Amendment numbered 213: That the llonse recede from its disagreement to Mr. DAWES. I should like to inquire if the committee went into the amendment of the Senat~ numbered 2l3, a;nd agree to the same with an an -inYestigation to ascertain about how much schooling in Alaska amendment as follows : In lieu of the sum propo ed insert " 1,631}>00;" and 15,000 would support? tile Senate agree to the same. Amendment numbered 220: That the House recede from its di agreement to Mr. ALLISON. We did not go-into a detailed statement of that the amendment of the Senate numbered 220, and agree to the same with au matter, although I think it would be healthy tQ make some iJl\·estiga amendment as follows: In lieu of the sum proposed in said amendment insert tion upon the subject. We had before the conferees a. report made by "$5,000; " and the Senate agree to the same. · Amendment numbered.221: That the Honse receuc from its disagreement to a responsible agent of the Government in Alwka., in wl;!ich he stated the a mendment of the Senate numbered 221, and agree to the same with an distinctly that there was one school·of which he bad familiar knowl amendment as follows: In lieu of the sum propo ed in said amendment insert edge wherein there were five pupils and three teachers, and we supposed "$40,000; " and the Senate a,<>Tee to the same. Amendment numbered 237: That the House recede from its disagreement t~ there might fairly be a reduction in the number of- teacher and in the the amendment of the Senate numbered 237, and agree to the same with an expenses in view of the statement made. amendment as follows: In line 1 of said amendment, after the word "and," MJ:. DAWES. Did the committee consider whether it mightnot be where it first occurs, insert the word "hereafter;" and the Senate agree to the s::t me. better to improve the administration than to cut down the appropria Amendment numbered 243: Tllat the House recede from U.s dis~Urree'Qlent to tion? tl1e amendment of the Senate numbered 243, and agree to the same with an M.r. ALLISON. Of course we should be very glad to improv~ the amendment as follows:· In lieu of the matter proposed to be inserted by said a mendment insert the following: administration if we could do so, but that we find is a very difficult "SEC. 2. That the nppro_p.riations herei provided for shall tnk:e-efl'ect from task at this moment. , and after Jaly 31,1886." Mr. DAWES. One question more, if the Senator will excuse me. And the Senate agree to the sa~e. W. 13. ALLISON, There was an amendment inserted by the Senate appropriating a suffi EGGENE HALE, cient sum for the purchase of some land at the Carlisle school. ·what J. B. BECK, disposition was made of that amendment? 1Jwwaers on the pa1·t of the Senate. Mr. ALLISON. I will say that the Senate conferees Yery relnct.untly SAl\1. J. RANDALL, WM. H. FORNEY, surrendered that appropriation, and we did it upon the statement frQm THOS. RYAN, the Honse conferees, first, that we were paying a considerable smn be Manage1·s on the part of the House. yond the value of the land, and, secondly, that the land which it was :Mr. EDMUNDS. I wish to hear that explained. proposed to ~urchase was not in the immediate neighborhood of the Mr. DAWES. I should like to make an inquiry of the chairman of present Carlisle school farm. the committee. In a recent act a light-house was authorized to be Mr. '!'ELLER. Then you weTe told what was not trne. erected at Gould Island in Narragansett Bay, and an appropriation was 1\Ir. ALLISON. Very likely, but in the hurry of the moment we inserted by way of an amendmtmt by the Senate Committee on Appro could not send to Carlisle for further information upon the subject, :and p-riations for -the equipment of that light-house. I should like to make concluded to let the matter go over unt.il next winter. an inquiry what disposition was made of that amendment by the com Mr. DAWES. It seems. that I have been very unfortunate in my mittee of conference. selection of inquiries thus far, and I shall omit making any more, lest Mr. ALLISON. That l_ight-house, I think, was· omitted from the I meet with further disappointment. bill as finally agreed on for the reason that· on consultation with the Mr. TELLER. I should like to say with reference to the Carlisle two secretaries of the Light-House Board they stated that this light school that the committee had before it the report of the Department house conld be postponed until next year. showing exactly how much this land would cost, the statement that it Mr. DAWES. I suppose that was on the ground that if there an was adjoining theschool, abutting right on the present ground. Every nccident did not happen, and if no wreck should occur there, caused by fact that w-as necessary the committee had in print, which had been t he ab euce of it, it would do just as well next year. If there was any submitted by the Department. I do not see why they should have need of the light-house, which is provided for by statute, that need it taken the information of the conferees of the House upon the question eems to me would be just as pressing between now and next year as when the Department had sent here under the signature of the Se~ after next year. Was the Senator informed by the secretaries of any . tary of the Interior a full and complete statement. reason why they thought it would be safe to do without a light-house :tlfr. DAWES. And a statement of the precise cot. unpil next year'? Mr. TELLER. Together with a statement of the cost and just what 1\Ir. ALLISON. I may say respecting the entire light-house provis wa,s to be done with the money. If the conferees of the House made ion, covering an aggregate amounting to nearly $500,000 inserted by the any statement that this land was not adjoining the land now occupied Senate because of a bill which had passed tlte Senate a day or two be by the buildings they were certainly ignorant of the facts. fore, and which was reported by the Senate Committee on Commerce, :Mr. ALLISON. It adjoins the barracks but, not the farm. . the House conferees insisted that they would not agree to an appropri Mr. '!'ELLER. The GoYernment has not got any farm. The pub ation for all these light-houses. We said to the House conferees that lic-spirited, enterprising people of this country-have bought a farm and inasmuch as there had been a recent statute upon this subject, and an put it in the hands of trustees and it is held for the benefit of tha~ examination by the Committee on Commerce, we could make no dis school. The Government has never put a dollar in it, and it has no i inction between these light-houses in respect to olir obligation to insert busin~s to exact that it should be adjoining that farm, which is 2l them in the bill, and that as it appeared to us from a recent adjudica- miles away.· It had nothing to do with this farm. · The Government 1 ion of one of our own committees and the action of the Senate and of has not any claim on it. It is getting the value of rents and the profits the House, we proposed toinsertthewholeofit. Thereupon the House out of it for the school, but it has never put in a dollar. ·onferees stated that they knew a portion of these light-houses could be Mr. DAWES. The farm spoken of was donated to the school by a postponed until next year; whereupon the two secretaries, the naval woman out of her own means, because the United States has never ap secreta5! the Army secretary of the board, were called to ascertain propriated a dollar for ·the maintenance of the plant of that school what s .be done -with these lights. Every dollar that has been put in there has been put in by the char The Go· tl Island light-I speak from memory-is a light which is itable contributions of those who have yielded to the solicitation of now supported, I believe, by one of the steamship companies whose Captain Pratt; and this is the first attempt that was ever made to geli boats tr.werse ;Long Island Sound, and it was thought that possibly the Go>ernment enlisted in purchasing means to carry on the school in they could maintain -this light for another year, as th{'y have main the manner in which it ought to be done. tained it for a good many years, and that the Government could build M:r. ALLISON. I must congratulate the generous woman who d() it next year as well as now; and it was upon that idea that the con nated this fund. ferees acted. Mr. DAWES. Congratulate the school. Mr. DA. WES. The amendment was left out on the advice of the Mr. ALLIB_ON. I do. But so far as these particular 90 acres are Light-House Board? concerned-- Mr. ALLISON. It was. M:r. TELJ,ER. One hundred and nine and a half acres. !l'lr. TELLER. How much would it cost to put it in? 1\fr. ALLISON. Very well. Will the Senator from Colorado tell Mr. ALLISON. It would cost $10,000. me the price per acre? Mr. DAWES. One question more. I should like to inquire of the Mr. TELLER. I understand that there are 109.57 acres that have enator what disposition was made of the amendment making an ap been Eold to parties who hold it for the purpose of turning it over to propriation of $25! 000 for the purposes of education in Alaska? theGo>emment at $18,500, without the intention or purpose of mak Mr. ALLISON. The Senator from Massachusetts takes the begin ing a cent out of it. That is the fact, and that fact was before the ning and the ending of .this bill and makes inquiries. The House con committee. ferees were not quite as vigorous on education in Alaska as were the Mr. ALLISON. Theappropriationproposed to be made was 37,000. Senate conferees. Mr. TELLER. The Senate inserted $37,000 at the request of the Mr. ~DMUNDS. They did not want Jjght on either side of the con Interior Department in a detailed statement which came to the com tinent? mittee and which was before the Senate and WI.LS, or ought to have been, Mr. ALLISON. Ko, ihey insisted that this item should be stricken befJre the conference committee, sho\viug exactly wheTe every dollar of out. After many friendly expressions of opinion on both sides it was· that money was to be _used. -- . - .- _.. _ - - 7912 CONGRESSIONAL RECORD-SENATE~ AUGUST 3, }.fr. D.A. WES. And the items. . the first attempt we have ever made to discharge our duty toward those Mr. TELLER. And the attempt now to say that that was all to buy people. A very considerable portion. of them are not wild Indians by a farm is simply an admission on the part of the conference committee any means, but educated and religious people, people tolerably well ad that they have not given attention to this matter. They ought not to vanced in civilization, and this conduct of the United States is simply come here :with•such a report; they ought not to be allowed to bring shameful. That is all. in a report here and legislate against the will of the Senate. The Sen Mr. CONGER. Mr. President, the Senate by a, decisive vote, after ate put this provision in the bill with uudersta.nding when the facts some discussion, put in an item of $25,000 for education in Alaska, the were before the Senate; and if the committee could not read that which same appropriation as last year, and after the members of the commit was submitted to them, it was very strange, to say the least. . tee had acknowledged the propriety and necessity of it. I wish more Mr. BECK. I have only to say that we were in conference with the Senators would read the report of the agent in relation to education in House conferees,·and they believed that tho price was extravagant; that Alaska than have read it. Instead of showing that there was a school the land adjoined the barracks and did not adjoin the farm, and that there with five children and three teachers it goes on to state that the just as good land could be had for half the price; and they positively very action of the men sent by this Government into Alaska bad broken l'efnsed to agree to the Senate amendment. up the schools, that when the charitable and religious public bad car When the Senator from Colorado says the conferees should not be al ried on for years education in Alaska, the only gleam of light came lowed to come here with a report of this character, he forgets that the from an appropriation by the United States, previous to which that peo House of Representatives has as many rights as the Senate, that we have ple were sinking from their fQrmer education and .from their former work no power to control them, and that when ~we make ~ proposition to buy in their churches and from their comfortable homes under rigid rules, a farm and they will not ag1·ce to it, it not being a matter necessary to sinkingg:radnallyintoignorance,forsakingtosomeextenttheirchu.rches, carry on the Government, we must yield if they insist upon it. A prop losing entirely their educational opportunities and privileges under the gsition made by one House and rejected by the other can not be enforced rule of the Christian nation and people Qf the United States. by the one that makes it.. 'l'here was a little appropriation given last year; and I have to say When it came to any proposition to carry on the Government under tha~ but for the opposition, the wrongdoing, the shameful wrongdo :my existing law, then a different position was presented, but when a ing of officials of the United States sent there a few years ago, those :proposition came to buy a farm at a price which the House conferees schools which were flourishing would have con tinned to flourish until said was double the value of it, detached altogether from the farm that this time; but the persecution of the representatives of a Christian peo is now used, no matter how they got their information, we were com ple destroyed here and there one or anothe1· of the schools and they left pelled to·yield; but for any sentimental. gentlemen to come here and without scholars the teachers who bad gone from motives of charity, of tell us, after sitting in conference three days and three nights struggling mercy, and of Christianity to that far-off land to teach for a pitt:mce to get what we could, that we ought not to be allowed to present are for the good of their kind. These agents of the Government drove away port that we can not force the House to agree to, I think is hardly be the children, brought suits against the teachers and against those who coming. I was about to use stronger language. were carrying on the schools, turning them out of the old warehouse3 Ur. TELLER. Very well; I will not take any exception to what the built by the Russians and improved a,ud finished for school-house-s by Senator sa.ys and I will not take hack ~nything I have said. I say that these missionaries and by these teachers. They were driving them ont when the ·committee come here and make a statement, as they have to make play-grounds for officers of this Government with the dancing ~orne here, and give the Senate to understa,nd that the whole $37,000 girls of that Territory. . That is the histor-y of education in Alaska. wa'3 for the purpose of buying the farm, they 'have simply failed to read I have before this expressed my gratitude that this administmtion..bad · the papers that were before them and that were before the Senate, and removed that class of officers, ha.d SP.nt better men there, who had some I say they ought nottoma,ke such a report to give the Senate to under idea of the obligations which this country was under to a people whom st~nd that thev have receded from this amendment of the Senate be we acqni.J:ed by treaty, and to a people who by treaty we promised to cause there was a job in it, or because there was an extravagant ouLlay take care of, and to look after the interests and the edncn.tion of, to pre of money, when tha,t statement is not supporte I of asking the people of the United States to contribute for a work that whatever the committee of the Senate ma,y heedlessly have admitted the Government by its attempts to do admits its obligation to do, is un I regreb; but I have no reproach to cast on any one. I regret more than worthy of a great and rich people. Either we ought to do it, and do I can express that when the attention of a1l the people of the United I it like men, or we ought to abandon the whole thing. We might as Stat.es was called by recent and frequent communications in the press well ask the charitable people to contribute to the payment of the ex to the condition of that country and by the indignation which followed penses of the f'enate and House of Representatives as t-o contribute to the acts of. our own agents there as they became known and were pn'!;l support the Indian schools if there is any obligation on the Govern lished in the religious and secular papers of the da.y-I say I regret ment of the United States to support those schools, and if there is not, more thm1 I can express the shame that brands my people and my na then we should abandon them at mice. tion by failing to do even a small part of its duty to these remote, f::tr }.fr. HAWLEY. Before we pass from 'the recollection of the appro o.ff people. priation concerning Alaska, I wish to enter my protest, without blaming I desire to call the attention of the Senator from Kentucky to the anybody but the United States Governmentfor its gross neglect of the fact that I asked him to examine this subject and to examine it in ref people, whom it may be said to have purchased from Russia. Russia erence to the necessities and to the wants and to the condition of these eared for them, I will say, tenderly, took care of their education, their people, and to some extent the Senator from Kentucky did it and was schools, and their churches. For the first time since the United States in favor of this amendment whenitwaspresentedin the Senate, favored ::t.equired that land, last yeat-I think that was the first time-we ap its passage, and did what au honest Scotchman ever will do-the right propriated $25,000 for the purposes of education in .AJaska. I do not thing for the people. know how far progress has been made in establishing schools; I do not .Mr. BECK. Now, I want to say to the Senator from Michigan that know the de~ils of the administration of that fund) but, as the Sena he called my a.ttention specially to this, and I examined it w!'l:.h all the tor fxom Massa<:hnsetts says, the remedy is to correct the administration care I could. We did urge it upon the Honse conferees as earnestly as II and not cut the appropriation down and leave the body of teachers to we could, but we were met by a Jetter from one of our agents up the1·e, make their way home as best they can, a,nd to abandon 40 per cent. of which showed a very bad condition of things, and it was a struggle for li ...... :,, I' I! ....i ~- ----··- ·------ 1886. CONGRESSIONAL RECORD-SENATE. 7913 days to keep even the $15,000 that we retained in the bilL It was the ferees would ·see its importance and yield to the desire of the Senate in best we could possibly do under the circumstances; and we Mme very t-his respect. near not getting one dollar allowed; and had it not been for the ear Mr. HAWLEY. Before we leave this point I beg leave to say just a nest effort made by the Senator from Michigan, and the efforts I tried few words. to make because of the faith I had in his statements and because of I do not know who that anonymous man was who vilified the schools the examination I made at his request, I doubt whether he would have ~nd the cause of education in Alaska, but I look to higher official sources. been able to do better in the face of such a letter as was read to us Here is an official report of the office~' in charge of education in Alaska (which, I am sorry to say, reflected somewhat severely on the manage under the laws passed a year or two ago, which was transmitted to the ment of the schools up there and was very hard to answer). I am glad Senate in response to a resolution and referred to the Committee on Ter we got this much; I am sorry we did not get more; but I assure him ritories March 4, 1886, and ordered to be printed-a considerable pam we could not get another dollar. phlet, thoroughly reviewing the whole subject. Governor Swineford, Mr. CONGER. Is the Senator willing to give the name of the of Alaska, in his annual report of last autumn, -says: · writer? The native Alaskans, as a rule, are industrious and provident, living in per Mr. BECK. I have not the letter with me; it was carried to the manent and substantial homes, arid all are self-sustaining. These people, it should be understood, are not Indians. Their appearance, habits, language, , House, and I would not like to ca.U names. complexion, and even their anatomy, mark: them as a race wholly different Mr. CONGER. I think I know. and distinct from the Indian tribes inhabiting other portions of the United Mr. ALLISON. I do not remember the name of the writer, but it States. They are far superior intellectually, if not in physical development, to the Indian of the plains; are industrious, more or less skillful workers in was written by a Tre._'\Sury agent. woods and metals; and that they ru-e shrewd, sharp traders all who have had Mr. BECK. Yes, it was a Treasury agent; I know that. dealings with them will, I think:, be willing to testify. They yield readily to Mr. CONGER. . No doubt ofit; it is such kind of men thatwe send civilizing influences, and can, with much less care than has been bestowed upon native tribes elsewhere, be educated up to the standard of good and in to that region, who join with the Indians in making with their rum telligent citizenship. and molasses their kootchinoo. I know them; they are tracked all over that country; any ope who goes there will see them. · Whoever li'. A. Walker, Commissioner of Indian Aft'a.irs, as long ugo as 1872, reads their statements will find out what kind of men they are. I in an official communication, said: · characterized those men a short time ago-the Lord knows I did not For myself, I have never believed lhat the natives of Alaska were Indians within the meaning of the Constitution any more than are Esquimaux or Kan believe this administration had sent there one of that class. I thought nkas, and I n.m disposed to avoid entirely the use of the word "Indian" as ap they had rooted them out, root and branch; but if there is any body there plied to them. ld't to write letters to a conference committee to give up edn(,!a.tion in He goes on to speak well of them, us Governor Swiriefo~d does. I Alaska, to turn over the children, the girls to degradation ~nd the boys put this report of Mr. Jackson and also the report of the governor of to infamy, I trust that the Presidentofthe United States, whetherthe Alaska against this unknown agent of the Treasury Department. The person be a Treasury agent or governor or commissioner or judge or governor in his official report as governor says-! read this language district attorney of that region, will do as he has done heretofore in re to correct an error into which I fell when I was up before: gard to officials there, reach ou•, even far off across the British territory, The organic act, approved May 17, 1884- . his strong hand of power and drag the villain home. That is the kind of men who destroy the prospects of the people in The first time we ever attempted to organize anything like a goycr~ Alaska; that is the kind of men who are thwarting and.have been for ment for these people- provided an appropriation _of $25,000 "for the educatio.n of the children of school years the earnest endeavors of Christian people, of philanthropic peo age in the Territory of Alaska., without reference to race," and by act of July 4, ple, of the Government itself, to do something good and useful to those 18&1, a further appropriation of ~ 11>,000 is made. · wards·of this nation. I had hoped that they were all gone; I had hoped that that class would never reappear there as the representatives Forty thousand dollars in the aggregate, and it was $25,000 last year of the dignity and majesty of this nation. Many of them have been and $15,000 this year, an~ next Y!ar ~here will it be? The Russia.ns :recalled. · had.very good schools in portions qf Alaska, but the schools were Now, in contrast with t'his man, whoever he may be-l do not care abandoned and the teachers went _home to Russia when we took pos for his name if he has written such a leLter as that-take the conduct session of the Territory. '.!;he goveJ;Uor says: . The general agent reports that he h.as, during the past summer, established of the naval officers and the revenue marine officers, whose names are and placed comP-etent teachers in charge of schools at Juneau, Sitka, Wrangell, :reverenced wherever their gooddeeds have been known for thelast:five Jackson, Boyd lHoonah), Haines, and Unalaska. A corps of teachers has also or six years, without authority of law but yielding to the manly and been sent to establish schools on the Kuskokwim River, 150 miles above where it empties into the Bering Sea. The schooner on which these teachers sailed ar- · noble and decorous influences which they had as they went up and rived at the month of the river on the 19th. of June, and presumably by this down on the Government boats there, restraining vice, prelfenting time have their buildings up and their schools in operation. - drunkenness, preventing lechery, preventing degradation, until their I suppose .they must come home. names have become a watchword for virtue and honor and manliness The governor proceeds to say: among the officers of the United States. In this connection I desire to say that in my opinion the sum appropriated Then compare ·that conduct with that of some of the men whose for the establishment and maintenance of common 'schools in Alaska. is not· names were sent here, and I am ashamed to say by an administration nearly sufficient. · No argument is needed to establish this fact. A glance at a map showing the location of the schools enumerated as having already been with which I was in accord, and who have been removed properly by and remaining yet to be established ought to be sufficiently convincing. Aside an administration with which I am not politically in accord. Contrast from tbe cost of their original establishment, the super·dsion and control in thoseoffice11> of the Navy and the revenue marine, whose names are held volves many thousands of miles of expensive travel annually on the part of the general agent and the teachers. '£he appropriation should be increased to at in remembrance by all-the good people of that region and of the United least $50,000. States for their kindly influence and protection to schools, with these other officers of the United Sta.tes, paid with the money of the United From two or three little islands up in that sea we get a very good States, sent there to represent the honor and dignity and glory of the interest on all the money we paid for Alaska, and the manner in which United States,-:who write back such letters as this man has written and we are discharging our duty to the people whom Russia educated is as many othel'oagents of the United States have written. I have them seen by the appropriation in this bill. • in my possession now, letters which I would be ashamed to read in the 1Y!r. DOLPH. Mr. President, I do not feel like letting this oppor presence of a virtuous and enlightened audience. tunity pass without adding my protest to those which have already Now, may.we not have a further conference on this matter? I do been made against the action of the committee, and my disapproval of not know whether this report is :final or only partial; but if we could the inadequate appropriation for schools in 43-aska, which is less by the bave a further conference we could express the opinion of the Senate conference report than the amount placed in the bill by the Senate. upon that appropriation of $25,000, for it is not the amount, it is the By the act providing a ciyil government for the district of Alaska, sec- cutting down even of the little pittance given that is so shameful. I tion 13, it was provided: · That the Secretary of the Interior shall make needful and proper provision should hope that another committee would insist upon retaining at for the education of the children of school age in the Territory of Alaska, with least what the Senate has voted in. out reference to race, until such time as permanent provision shall he made for Sir, Ispeak'.withsome.feelingon thissu~ject. Ihaver.ead andstudied the same. as carefully as I was able the reports of Wilkes's expedition in 1836 and . By the same act there was appropriated $25,000 for the supp<)rt of 1837, I think it was, and Gouverneur Morris's report when he was the schools in Alaska for children without.reference to race. At the same :~.gent of the Government in that country, and the reports of other offi session by the Indian appropriation bill there wasappropriated$15,000 cers; I have read all that I could find and two or three lately published for industrial schools, and at the second session of the Forty-eighth books in regard to the condition of Alaska, and I am interested in that Congress there was appropriated $20,000 for ind ustri.:'ll schools. Those people and I have become.interested in the honor of the United States are all the appropriations for schools in Al..'\Ska, except the appropria in maintaining its own dignity and its own interests there, and I tion made at the present session of $20,000 for industrial schools, and have no reproaches, as I said, to cast on the committee. I believe they as my recollection now serves me a previous appropriation of $50,000 have done all they thought they could, but if it be further opened, which was never expended and which lapsed into the Treasury. nnless this 1:eport is final, I would ask the committee in the name of The appropriation of $20,000 for industrial schools will not aftord the Senate that put the appropriation there to stand by that appro- school privileges for over one hundred and seventy-five pupils. There . priation, and I have no doubt, on proper representations, the House con- are in Alaska to-day, besides the white and Russian inhabitants, from ~· 7914 .:AL .-R.l1C AUGU T 3, thirty-three to thirty-five· thousand natiYes. . Ther re ~ t .least ten the p oplc of Alaslm.nu 1'' · r; • -I have said, to organize school or thou and children in Alaska of school age, from six to twenty-one years levy taxes or to make r, ,. J..peuditure for chool purpose . The thing of age. TheTe are in Southern Alaska, where schools ha.-ve been estab is a disgrace to Congre . · w ~ f o t Lo American people. lished and m:e now in opemtion, at lea t twenty-five hundred childTen I hold in my baud tl1 c ''<: 1 im. te of the amount required for schoo13 ·of s ·hool age. There were in the schools which were e tablished last which have been estabJL"t •I rtud. which it is propo ed to establish in yem. and carried on by the appropriation· made at tl1e t se ion of. tb ouihern part of A ..~~1, , v e, ginng the estimate for each <:;chool, the Forty-eighth Congress, at le~t a thousand children, Tn i n, white, tb nl:lries of te~cher ;.,. ·'net :1! the amount nece ary for the organiza- Rnsshn, and Aleutian. · . tion of these chools. a i,., :,.- .ollows: • It took the Interior Department a year tu devise l'l· plan. for the ex t' l: ' l' OF ED'CC. TIO~ . penditure of the money appropriated by tqe· org'.Ulic act of the Terri tory, so that the schools in 1885 and 18 6 have been- c.arried on by appxopri .d1• •'.l'lti!Jit of tlte nccJ{• ~ ~,. !It,. rfund for the education of children ill ation. made for the yeru.· 1884.,...'85. There IJe"rc.r has been but one ap _.p,, ,,z., ·· for 18 6- 87. propriation of 25,000 for day school , chools in 11hich ~ lL ilio children of school age in ihe 'Ferri tory, ·without refe:~:enc tQ rnee, . to be edu- o .:i'g ·E I ~ cated. -The teachei"S who are engaged in these scltoo ere brought _g a; ~ ":. f! e Qi _g bD from the East. They went to Ala ka with the- expect tion that Con- ~ i ~ g; -~·a ,...... I ,.... c gre would continue the policy of edu~ting the children t here. If ·.::: -;:,g i8 g. g3 g·~ there is an appropriation of only 15,000 for the upport of these ] ~ ~~ ~ ~ ~ schools a laTge portion of the thousand children who have .been in ------~ ------school during the last ye:.u must be remanded back to ignor ce, and the 1 U('toernl agent...... * 2, ;;oo teacl1ers will be leftwithout employment andwitbouttbe.means ofre- J. Hoonah...... I , GOO ...... 1 ~100 ...... ~ ...... 1,600 turning to their homes, three or four thousand miles n.w. y. 2. Juneau ...... , ..... : 1, 500 ...... , 100 ...... $>,000 6, 600 1 0 200 100 Mr. President, I do p.ot agree with 'what has been saitiin regard to ... ..· .··.·. .· ·.·.·. ·.. · ..· '- ...... , ,. 200 3,000 4,500 !·. ~~- t·~ ••n ~0 • • ·1· ·.·.·. · · .--·.r·. ·.:·.-.~.· ·. 300 ...... 100 ...... '3, 000 3, 900 thecomductoftheschoolsinAJaska.. ·ltmustberememJL edthatthe 5. itka ro.2 ..... ,...... ~ ~00 ~~ :: ·.::::::::: c:: :~::~. 1l: 1 lu · .~.:hool ~ have been in operatiort but a single year; lu.t Alaska is a ~: i:: ~~:~~:::·.:::: : :·.: ·. ·~ :: ~ .: . : .. :·. · ' "rritory, cont.o'l.iningo>er500,eOOsquaremiles,mthou roads,with- . Klawa.ck ...... :-;~ .. ~~ J: ;:~ ::~ . .lt, eans of transportation, and that the ·e native childrm:bre scattered !.\ • .Jackson...... _...... •;·• ·p .100 350 1,2;;o J >'Cr ll1'-h1s vast territory, living, some of them, in villages along the 10, K?uiflok ...... ,...... , .., ..... , .... 1,500 ...... 2'00 " 100 350 2, 150 t t t di ta f: h th T e t th t 'h ols estab ll. Afognak ...... u;oo 200 j 100 350 2, 150 ~c. . -:. r:rea s nces rom eac o er. o exp c fl. ~ - 12. Ung'a .... - .. .. -...... ~ · ~ · (500 200 100 350 2 150 l~lttJd an" gove.rnetd bhy rrl.ldesbestabli he(dl by afn ecntiYe- ~epart~ent 1 ~. ~~e 1!~ o ~k"~· · . , : ·.. ... : · :. _·~..•.~ r_._'-!-.t 't ,· ·~·'l()() . ,..... ;,- ... 100 35-o 3, 000 ~; !l-;;o 00 1 200 )r .c ,,wernmen s on1 ecome mo e1 s 0 (!y r:r 11enr.e ln a srng1 e 1 .... u 1 1 ., 1 ·1. n - ·w.·•· - - .. .. 00 . - · 000 1 200 100 400 2 200 "'e.. r ~,p .J ~ 1at we should have efficient schools for trn. housand chil- i~ : :1 . ~ 1~1!1\ 1 ·: .:::: :· :~ ~;... .._ J : ~ ...... 1 • ~h:n· wi 1~ t he small appropriation of 25,000 f"1 :1n r nti n~ srhoolyear J'i . •-: ,1in '\fi<:l ·1~1 ,,, J rl()() ... ~·200· , i~ ~~ g:~ 1 , :::::::::::: 1 · ·.p·:·'.J.'}SLrous. - - ---1--- j ,n ~·- in _\.laska myselflast year and made in qui .- j q J '~>_:;. r to th&e t •· :ranrl tl'bl ...... · ...... 1······· .... '\' ...... !" ...... ,.. :: ..... ;.. j 5:2,000 r;. :) <>]~n J. saw somaofthem, and I disagree "ththc. ,,..,·itcr oftllolet • ·~ Sulan·. ~ ,., .. ··li ,,,.,. nnd incidental expenses. ···;.- '-lidt :lS been mentioned us ha>ingbeenrecPi ' " l f l'TI' l a 1'r <>: l'4111'Y ,. 1 ' : ·.!•:nt. : far as I could learn, the schools were hri n:.?: rpml1~ tr:· \' ··:!t, ~ · ., ; '} I ·•: r ry well o ·w Te the administration of these choo1s, f·l.li:i y t:: d with economy, and were doing a. good "W N\:. In.n.·.; ,·,·;;- ' oi! ' :· ·• IJ 1Jl'l r will lm • ~ :1 .t:hool system for Alaska, or, at least for ... -~ ~vn I submit, and ask the Secretary to read, an extr-wtc fn•r• r , .. _ ,.1 , · , . ···u·:. ·ithou atl·:r1 •ate appropriations . by Congress. These port of the first grand jury ever assembled in the T >n'ii ''I t.l .. ,,,,.,. ·:·i!n; · ~:· :• ~• : d ct. ched; Lit£· \· :tr many. miles apart; there al'e no roads in 1 what this offi?i:.tl body says in regarcl to these schoo ~ , rn•.l '..' ! ''"" t'':;11' tJ!:· 't··• r: .\)ry, and th ea· .tre. no regular means of communication• . tatement agarnst the letter of the Treasury agent. r.;.i :1 . ,.. •. :· the fema1e L ~u.:l H 'I 'l t reach these schools ho.Te to travel for The PR;ESIDENT p1·o tempore. ·The papeP will b~ rp:d·. · .t;::• ;. u i~e.s and for d ~y:· ~· l ights in Indian canoes, paddled by na- The Cb1cf Clerk read as follows: • L .:. . ;.t order reac l;~_c~ to educate the nativ.e children. They 1 Extra ctofn reportofthegrni~djury,in tluHli:;trictcour' or •h ·· ru:'" ..... ,,: , , · h ., •·.·...:;•J nc t J~>T"from "l P~ :- · fdnty, 'llotforthecompensationwbicll for the di trict of Aluskn, May term, 1880. ti:·... • rcc .. i ,-e; they ha e ~:) n there from the East to devote themsches We have visited the sevm·al. chool ir1 itkn. under Go · t:I'Hlll.e pat.10n ~ n t · · k 1 · · d t t d th · t' d nml h:weheenmnch.pleusetl with their bowing. The Indian cltool is gradually 0 ll!S W (rf ~ , an< no 11 I::: Jn'Opo e 0 cu own e appropna 10nan winningits waytothef:n·or of thenatives. Thewhiteschooli Icrgely uttended, lea,· then1 "'·ithont SIJ I• r t, nnd, as I said before, to remand these and much interest is manifested by its pupils in. their studi.;.s. 'l'he training cbil!l '!'ll, ·who hn. ·e be0 1 ;n·t'(·i.v ing the benefits of instruction in these school under charge of the Presbyterian mis ion board seems to ewell con- schr• ]..;. b:1 t:k to ·,,-110 1"a ilo···· ducted, and all these schools are under zealou management tLDd evidently ac- 0 complishing much good . A proper Go>erllment building, ho .3v r, should be J f '::ll rt:d 0 sa;; t is I J t sentatives sent us after the expiration of the :fiscal year, for the first I am.profoundly disgusted with the condition in which this:;. park is time, this sundry civil appropriation bill, and when as rapidly as we now left, but-I am not disheartened.· I believe the sentiment of the · can, after a month of consideration, we have come to an end about it people of, this country is in favor of that park. I know the sentiment and sent it back to them and have put in what is really a pittance at of this Senate is in favor of it, and I propose. at the next meeting of the best for these purposes, the representatives of the House of Repre Congress to urge the adoption of a bill now upon the Calendar provid sentatives say to us, "Yon can have no bill at all, or you must leave ing for. the perllk'tnent government and improvement of that great res that item out." ervation. That is what it comes to, and for one, although I am rather anxious I had been aware for some time that an organized attempt would be to see the green hills of Vermont, I would rather stay here until De made in the interest of speculators and land-grabbers to break up that cember on a question of this kind-not to undertake to force the House park. The geyse:rs: and the waterfalls and the Yellowstone Lake re of Representatives to do anything that they will not on consideration n:iained there unnoticed "Lmtil the greed and avarice of these people do, they are independent, but to undertake to persuade them that have been aroused by the number ofvisitorswho have latelygo:p.ethere, honor and justice and humanity and public policy require that a liberal and this whole thing is in tended for the purpose of br.ea king up that res provision should be made for these objects. ervation, in order. that these speculators, that these children of -av:nrice You may, as the chairman of the committee has apparently convinced and greed may grab, each one of them, a..c; they can, one of these great, ·the Senator .from Massachusetts, postpone the building of a light-house wonderful products of nature, that he may make as much money ·out until next year, for the sea will be there and the islands will be there of it as is possible at the expense of the people at large. and, perhaps, the wrecks, and you can build it then; but -what would The park was originated by my distinguished friend from Ia,ssachu be thought of any legislator in a State who postponed-the school appro setls an my right [Mr. DAWES], who was th"e author of the law, :md I priation for his State tor one year? -There is the loss of a year that haYe imply supplemented his exertions and acted as his adjutant in the ca.n never be repaired and that can never be brought back to you j and whole matter. It was said yesterday in avery public place in this Cap therefore it does not do for me to be told, "Oh, well, we will wait, itol where I can neither speak nor vote that my interest in this Yellow now as it is late in the session1 and let it go to next year or some other stone Park arose from the fact that a ·constituent of mine had been year when the House of Representatives shall have been sufficiently edu appointed superintendent and that a number of :M:issourians had been cated to understand the value of education.and will be willing to appro appointed to positions under him. It is false. It is false, Mr. Presi priate some money for these fm-off dependent people." dent. Colonel Wear, the snperintend·ent of that pafk, was appointed Mr. President, I am going to vote against this report on this groutld at the instance of my colleague and myself. on aecount of his peculiar alone, to say nothing of othexs that might be mentioned, as a means of fi~es for that position. The park had been going sadly to rnin and expressing my sense of disapprobation of this way of treating appropri decay, and it was necessary t.o put some vitality in the enterprise, and ation bills at the very tail end of the session after eight months have we believed honestly that his appointment would do that thing. gone by, and then being tol~ under the pressure of being in the last He was a distinguished soldier, a colonel in the Federal Army. · He days of the session, that we can n<>t no.w appeal to the reason and re wn an ardent sportsm~n, devoted to the chase, to outdoor life. We flection and reconsideration of our friends at the other end of the Cap were not mistaken in that appointm.ent; and a great deal of this oppo itol to do what I think when they shall come to consider it they wiH sition has arisen from the fact that lle has stood against the s-pecula be quite willing to do. · tOJ and ad \enturers even at the peril of his life, and so stands there to Mr. MITCHELL, of Oregon. I should like to ask the chairman of day. the committee if be can inform me as to the fate of the amendment put This present. legislation breaks up the park as effectually as if the in this bill by the Senate for the· construction and introduction of new original act introduced by the Senator from Massachusetts had been boilers for the steamer Albatross and for expenses of the voyage from repeaJed. It is proposed to put troops there. Soldiers are as utterly New York to San Francisco? unfit for that duty as they would to become professors of astronom Ir. ALLISON. That was .agreed to in the conference. The Alba in auy college in the Janel. tross is safe. It was stated publicly yesterday in another place from thi that the Mr. :MITCHELL, of Oregon. I should also like to know .from the pre ent. uperintendent had put in a lot of political appointees. It is chairman of the committee what was done with .the amendment of not true. So far from that park being filled with my conmitu.ents, I 517,000, I think, on page 8 of the bill as reported from the.Senate. Com., haYe distinctly refused to give one single recommendation to Colonel , mittee on Appropriations, for approaches and .heating apparatus for Wear of n single citizen of my State, and I have in.variably written to · the custom-house andpost·office at Port Townsend, Washington Terri him to appoint men· upon his personal a.cqMintance and nporr their tory? knowledge of the mountains mid their fitness from their pa t lin:s for 1!-Ir. ALLISON. . That is also safe, I am glad to say. tho e positious. Mr. :MITCHELL; of Oregon. I am very glad to hear it. Then I I allude to this because Colonel ·wear can not speak for himse?f, and would like to know what became of the amendment appropriating he now goes out of office under this, legislation. For tbetmotiyo that $60,000 for the establishment of a light-house at Cape Meares, Oregon? prompts this attack upon me I have only the most unmitigated con Mr. ALLISON. That :;tppropriation shares the fate of the Gould tempt. It could only emanate from a small politician, who e polttical Island.light-house. On consultation with the proper officers of the Light horizon is limited and bounded by the area of greed for office and pat- House Board I regret to say that we were obliged to leave that out. ronage. _ Mr. MITCHELL, of Oregon. On what ground? · It wa said here the other day, and it was a cheap species of .rltetoric :Mr. ALLISON. On the ground that it would be diffi.cultto procure which I shall not emulate, that this park was reserved for the rich and the site for this light-l1ouse within the present fiscal year. That is our for the distinguished, and that the poor of the country were excluded recollection here. The Senator from Kentucky [Mr. BECK]. and my from it. I assert here to-night that there is_not one place of public ! 7916 CONGRESSIONAL· RECORD_-· SENATE. AUGUST ·3, ~ r. neer officer in charge of the park, and not at the instance of Colonel and the basest motives of avarice and of greed that can be found in Wear, and itwas issued and properlyissued to protect the roads in the any degraded human breast. · For them and their motives I have only ,: park from being destroyed by the heavy ore wagons that haul from the feeling which I have for any other loathsome object, and I shall 1: Cinnabar to Cooke City. · waste no more.words upon them or upon their attacks on me or those 1: It is said that this park to-day is under the control of a hotel mo who like me favor the Yellowstone National Park. nopoly. If the me~ who make this charge had the fairness and honesty But, God willing, with health and mengtb, .I will devote myself to to go to the Interior Department and investigate the lease under which reversing this conference report. It strikes down this park, it gives these hotels are built they would see that the Government has provided up this magnificent reserve to those people who are unworthy to press against a monopoly in every shape, form, or conception. It was in their feet upon its soil. I shall vote against the report for this reaoon, tended in that lease, of which I myself was a critic at the instance of if for no othex. the Secretary of the Interior-it provided in that lease in the most com Mr. BECK. I only d~ire to say a word about the Yellowstone Na plete terms that every citizen of the United Sta~ should have free tional Park. There are $20,000 given in the House bill as it now stands access and there should be no especial privileges .granted to any one. for the improvement of the roads and bridges in the park, and thela.w If I know myself, without pretending, without making the demagogic which authorizes the Secretary of the Interior to call on the Secretary of plea of being the especial friend of the poor man-if I know myselt; I War for sufficient force to guard it remains. While I regret as much would be accessary to no act of legislation which wouJd look to a mo as the Senator from Missouri does that the Senate amendment was I' nopoly on that subject in any shape or form. It is not true that any stricken out, and w bile I .believe that everything be says in re-gard to monopoly exists there to-day. the park is true, and while I will go as far as he·wm to maintain it, r· But, Mr. President,· I come now to a matter somewhat personal to believe that under the House provision, with the aiel of the Secretary of myself, which I desire to notice very briefly. It was said also in a War, the park can be preserved until some suitable provision for it can very public pla.ce in this Capitol yesterday: be made hereafter. Therefore I was unwilling, much as I differed with I desire to state here that the last I beard of the superintendent of that park the House in this regard, to jeopardize a bill of this importance by re was that he bad become partially interested in 1 coal mine which was situated fusing to agree to it.. Notwithstanding this was stricken out, believ ·on the margin of the park; and that thereupon, or immediately thereafter, no doubt without the knowledge ofthe Senator who introduced the bill,a bill was ing and feeling assured that the Secretary of the Interior, with the aid introduced in the Senate of the United States which would cut off that portion of the Secretary of War, will take care of the park until something bet of the park, leaving it in his possession with a title. If that is so, it indicates ter can be done, I shall vote for the adoption of the report. jobbexy. I do not mean to say tha t it was jobbery ; but if ll.n investigation is moved into this matter by an ybody, I will undertake to introduce a gentleman The PRESIDENT pro tempore. The question is on the adoption of of credible character to this House who cla ims to be able to give the informa- the report of the committee of conference. tion neces...-.ary ~ sub tantiate that fact. . ltfr. ALLISON. I call for the yeas and nays. Mr. TELLER. I should like to ask the Senator on which side of The yeas and nays were ordered. the park that is. Mr. ALLISON. Now, Mr. President, before the vote is taken, I de Mr. VE&T. The northern portion of it. sire to say a word in reference t<> this report. There are many things Mr. TELLER. I can say that that was recommended.by the Depart in it which are not agreeable to me; there are many things in it which II ment a long time before the bill was introduced, that the northern line I opposed to the last moment; but if appropriation bills are to be : should be moved south. passed, they must be passed by mutual concession between the two Mr. VEST. Not only that, but tbe---- Houses, and not because every Senator or any Senato1· has a particnlar Mr. TELLER. The Senator will allow me a moment. The line is item in the bill which he approves or disapproves. This bill has occu now north, runn~g into Montana. -The,Department propose to have it pied the attention of three members of this Senate for twenty-five hours moved south far enough to get upon the Wyoming line. . That recom between last. Thursday and last night, and we have done the best we mendation, involving I think about 6 miles, was made at least three could with reference to every item in this bill. years ago. . The item of which the Senator from· Missouri speaks was the last Mr. MANDERSON. Two miles in width. item that was given up by the Senate at the very last moment of the Mr. TELLER. Whatever it w~. There was an attempt to move it conference. The items which have been so severely criticised by Sen down on a recommendation· made to Congress a long time ago. ators were saved to the extent and ability of your conferees upon the Mr. VEST. Not only that, but the identical .language, e-very word part of the Senate; unless, as intimated by the Senator from Vermont, of it which is contained in the fourth section of the bill that I intro we propose to remain here until December, when we shall be no bet duced, and I believe I introduced every bill in regard to the Yellowstone ter off than we are at this moment with reference to these contro Park, its government, and its boundaries-every.sy liable of this section versies with the House of Representatives; in which they have an of the bill wa.s written by Mr. Hague, a ¥tember of the Geological equal voice with us and in which we have an equal voice with them. Bureau, who had been stationed in the park and who was familiar with Therefore I de. • - . 1886. . CONGRESSIONAL RECORD-SENATE. 7917 take care of their political fortunes, who does not know that that joint for that park, summons two Departments of the Government to pro l'esolution will be stricken down? tect and maintain it and not to give it up. The law as it stands to We are told then that we shall have an appropriation in December. day upon the statute-book, if it be enforced in a fair and consistent For the three months intervening the works upon the Mississippi and and sincere WaJ'1 amply protects that park from any danger that has Missouri Rivers are going to ruin, the boats are idle, there is no use for been mentioned here or been marshaled to-night as a danger. The the hands of the engineers in charge of those rivers; and am I, a West Secretary of the Interior is given jurisdiction in the park to care for ern Senator living upon the banksofthe Missouri River, to stand here it, to direct his attention and that of his Department to it, aud what and deliberately by my vote say that our conferees did right? I can ever is needed upon his request may be furnished by the War Depart not say it and I shall not say it. · ment for every otep of protection needed. ltlr. HOAR. Mr. President, I wish to say only one word. In my There are two Departments with their whole force. Whatever the judgment this Alaska business is as criminal as it would be if the Leg Secretary of the Interior may in his discretion believe is necessary to islature of any State in the Union, North or South, was to legislate or be done, he as the representative and head of the Interior Depart so to neglect to legislate as to shut up their common schools and leave ment call~ upon this other Department, and there is the whole Army; a generation of children without education. and it has not very much to do, and its officers are intelligent and en I would not lightly vote to strike down this conference report, but I lightened men, and most of their experience is in West-ern and frontier think it is a case and object in which the honor and decency of the life. United States are concerned. I think we ought at the cost of staying While it does not suit me, while I would rather have kept what we bere several days longer to compel the House of Representatives to ex have now as a system, I have no doubt in my mind that all of the ben press its own purpose and opinion upon ·this question of dealing with efits which shall be derived by American citizens in the years to come those people who have to their infinite sorrow and hurt passed from the from that park will be maintained if the Secretary of the Interior and control of semi-barbarous Russia, where they were educated and de the Secretary of War sit down together and consulting aboutthis mat cently cared .for, into the control of free, enlightened America. ter decide what is needed for the further protection of that park until I wantthatthingto besubmitted totheHouseof Representatives. I Congress can establish its will in a permanent law. If the Secretary of know something by report of the methods by which a one-man power is the Interior says to the Secretary of War, ''I need a force there as great made to control that Houseagainstitswill, when measurcswhichnine as that which has ~een heretofore employed by the Interior Depart tenths of that body desli'e to have passed .are stifled by its system of ment," the Secretary of ·war has ample material to call upon. rules. I think the condition of things is such that the true will and Believing that, for one I consented rather than that this bill should the true sense of honor and the true sense of the public interest in the fail, rather than tb.at it should come back here with the delay of a re House of Representatives will make its way over that obstacle, and I port of a conference without any agreement, rather than to develop want at any rate to have the experiment tried. more antagonism in the House of Representatives, I agreed for one to Mr. SAULSBURY. Mr. President, Ihopethattheconferencereport this report. Fully concurring with those Senators who believe in the will not be voted down. It may not be all that we desire. Perhaps if park, and who do not want it given up in every respect, I am here to any one member of the Senate could have shaped this conference re maintain the belief and conviction that no harm is coming to that great port according to his own will it would not have been such a report as institution of the Government. has been presented; but you have had a ·committee of intelligent Sena The Mississippi and Missouri River Commissions are disposed of tors, men selected by .the Senate itself to meet the conferees of the practically by the joint resolution submitted by the Senator from Iowa, Honse. They have labored assiduously, earnestly to reflect the will of which wi11 receive easy passage. The question that now confronts us the Senate in reference to all its amendments, and I think the criticisms is whether the report shall be defeated and the whole subject thrown on the committee are neither generous nor just. They have not been open and new controversies ent-ered into with the House of Represent able to accomplish all they desired, but they had to meet a co-ordinate atives. While I do not claim that the conferees have not made mis branch of Congress represented by their conferees, and they had to takes, and they are the furthest in the world from an infallible body, confer with them, and now they have come here with the best they I think they have done the best they could under the conditions. could do. Several Senators a{}dressed the Chair. I think that the criticisms on the House of Representatives are unjust. 1tlr. BUTLER. I move that the Senate proCE'ed to the consideration They have as much right to say what shall be the expenditures of the of executive business. ("No! no!"] . Government as the Senate of the United States. I have no doubt that The PRESIDING OF.I<'ICER {Mr. HAR~s in the chair).· The Sen they have been actuated by as honest motives and as honest purposes ator from South Ca~lina moves that the Senate proceed to the consid as the Senate of the United States is actuated by. It is a simple dif eration of executive business. ference of opinion between the two Houses. It is not to be expected Ur. DAWES.· Let us finish this matter. that there can be a concurrence of opinion between the Hou8e with Mr. BUTLER. It is perfectly obvious-- three hundred and twenty-five members of that body and the seventy The PRESIDING OFFICER. The motion is not debatable. six members of the Senate. You ~n get an equal number of men to Mr. BUTLER. I do not want to debate it, but simply to explain concur in opin~on up(>n scarcely any subject. I have no question but my motion. It is perfectly obvious that we can do no business here that the House of Representatives and its conferees have been just as to-night as long as the galleries are as full as they are. If the galleries honest in the position which they have taken as have been the Senate are cleared we shall get to business. and its conferees. I have no doubt that the conferees representing The PRESIDING OFFICER. '.fhe Senator from Sont~ Carolina each of the Houses have been actuated by a desire to accommodate moves that the Senate proceed to the consideration of executive busi themselves as far as they could to the wishes of the whole Congress of ness. the United States. The motion was rejected. Therefore I do not join in this criticism on the House of Representa Mr. DAWES. Mr. President, I wish to say one word. There are tives and this attempt .to throw all the blame for every miscarriage many disappointments to me in this bill. There are many points~ it oflegislation on the Honse of Representatives. They have equal rights thatn regret exceedingly have been lost in the conference; but although with us and they have asserted their rights. They have yielded some I was not upon the conference, I know something about the work the things and the conferees on the part of the Senate have yielded some conference committee B.ave been compelled to perform. I do not think things. · there has been for many years so laborious and so difficult a conference As to this attempt to force the House I apprehend that whenever the as this. Honse learns that there is a disposition on the part of the Senate to force I wish to say in regard to the Alaska appropriation that I agree with them from the positions they have assumed, they will, as every brave my colleague that it is an utter shame that such a miserable pittance man will do, teach by their acts that no attempt at compulsion will should be found in the bill from this Congress, but the sunimer is well force them from the propriety of their acts. nigh gone, especially in Alaska. There is no time to expend much I hope, therefore, that this conference report will be adopted and that money there now. The bill which should have become a law as early we may be allowed to return to our homes, although we may be indi as last March is now into August before itcau become a law, and there vidually disappointed in our wishes as to what has been incorporated is probably not more than a month or six weeks left for the expendi in the report. ture of money there. 'Ve had better not, therefore, in my opinion, · Mr. HALE. Mr. President, so far as the Yellowstone Park goes, I spend much time upon the question whether the appropriation should for one agree with the Senator from Missouri as to the importance of be $15,000 or $25,000. · maintaining it and of not giving it up as a great national institution. All these other matters have received the attention of the committee The more that I hear about it from those who have visited it the more in a manner which ought to receive the commendation of the Senate. I believe in maintaining it, but the conferees representing the Senate Much as I am disappointed, I. am for maintaining the report, and for upon this matter did not by any means believe that by agreeing to this attempting at the next session of Congress to undo much there is in this report the park is abandoned. bill and to do much that the bill bas omitted to do. We found the conferees of the House firm, fixed, immovable. The I hope, therefore, that the report will be concurred in. whole subject had been discussed both here and there; and at last Mr. CALL. Mr. President, I wish to say a single word. I do not what I think controlled the conferees of the Senate in yielding more understand this question to be a question of agreeing with the House than anything else was the fact that the fundamental law, which up to of Representatives upon the amendments to the bill. I regard it as a to-day has been fixed by the two Houses and is established as the law question in the light which the Senator from Missouri. has stated it. to 7918 CONGRESSIONAL REOORD-SENATE. AuousT 3, be, of an agreement on the part of the Senate to sacrifice the plain and Congressional Library, w hlch was n p this morning for consideration and apparent public interest and public service of the country. objected to and the objection afterward withdrawn. It will take but a There are -various items in theconferencereportand in the bill, with moment. out criticising or condemning the members of the Senate who have been By unanimous -consent the Senate, as jn Committee of the Whole, on the committee and who have doubtless striven .to do their duty, proceeded to consider the joint r olution. which are a. disgrace to·the country, and we ought to sit here until the The joint resolution was reported tot.he Sena-te without amendment, end of this year and until the _people of this country should decide ordered to be engrossed for a third reading, read the third time, and whether such a sacrifice of the public interest as is apparent here should passed. be tolerated. _ The preamble was agreed to. The idea of refusing to make a. small appropriation in the interest of PUBLIC BUILDL.'G AT SA YANNAH. education, which we are bound by treaty to do, is a diSgrace to the coun Mr. SPOONER. I ask that the joint resolution which I reported try, ·which ought not to be tolerated. The idea of submitting in the from the Committee .on Public Buildings and Grounds this evening last hours of this session to a demand made upon this co-ordinate body relative to the public building at avannah, Ga., be taken up at this to reverse a solemnlawofthis country passed by both Houses of Congress time. . setting apart the Yellowstone National Park and organizing it with By unanimous consent, the Senate as in Committee. of the Whole, its proper staff upon the demand of a few individuals, however they proceeded to consider the joint resolution (H. Res. 209) permitting the may control a co-ordinate branch of this Government, without consid public building authorized by act of Congress approved June 13, 1886, eration, withoutanopportunityforargument, withouttime to giveoon at Savannah, Ga., to be located not less than 40 feet from any other to it, and upon the pressure ofanecessityofthe Senate togo sidera.tion building, instead of 50 feet, as pro->ided in said act. to their homes and attend to their business, is a method of legislation The joint resolution was reported to the Senate without amendment, which ought not to be submitted to. It is not a question whether th.e ordered to a third reading, read the third time, and passed. Army can _protect the National Park; it is the question whether we shall be forced to abandon the law passed by both Houses of Congress organ CllARLr:S JIAHNE~IAN. izing that park in a particular manner and asssigning a particUlar staff Mr. DAWES. I ask for the pre ent consideration of tlle bill (H. R. of officers for its preservation. · 8180) to increase the pension of Charles Rahneman. · The question whether the great Mississippi and Missouri Rivers and 1\Ir. BUTLER. I o~ject. Let us go into executive session. their tributaries covering half the continent, the improvement of which 1\Ir. DAWES. Let that poor fellow's bill pass. It is a House bill has been provided for by acts of Congress time and again, and a com which has come over here-. - mission appointed, whether good or bad, to carry it into effect, shall be 1\Ir. BUTLER. There have been so many poor fellow , and I am set aside and destroyed and no provision made for it, without-consid not going to sit here all night. I object. eration on the part of Congress and without a repeal of that legislation Mr. CULLO~f. I should like to make a motion to take up the these are questions important to the very existence and preservation of House pension bills, all of them. the Government, questions which are utterly indefensible, and which 1\Ir. COCKRELL. When we take them up we .will take them all demand, in my judgment, that the conference report should not be up at once. agreed tD. . EXECUTIVE· SESSION. The PRESIDING OFFICER. The question is on concurring in the M:r. BUTLER. I move that the Senate proceed to the consideration report of the committee of conference, on which the yeas and nays have of executi e business. been ordered. The motion was agre~ to; and the Senate proceeded to the consid The Secretary _proceeded to call the roll. eration of executiTe business. After 43 minutes spent in executive M:r. CHACE (when Mr. ALDRICH'S name was called). 1\ly colleague session the doors were reopened, and (at 11 o'clock p. m.) the Senate [Mr. ALDRICH] is paired with the Senator from West Virginia [Ur. adjourned until to-morrow, Wednesday, August 4, 1886, at 11 o'clock CAl\IDEN]. . a.m. 1\fr. SAULSBURY (when his name was called). I am paired with the Senator from Vermont [Mr. MORRILL], but I believe if he were here ·he wot-ild vote fot; this conference report, and I shall therefore NOMINATIONS. vote. I vote "yea." Ea:ecutit e nominations 1·eceived by tlte Benate tlte 3d day of A ugusl, 1886. The roll-call was concluded. CLEllK OF SURVEYS. l\Ir. :MANDERSON. I am paired with the Sen:ltor from Kentucky John A. Parsons, of Salisbury, 1\Id., to be principal clerk of ur>eys (Mr. BLACKBURN]. If he were present, I should vote "nay." in the General Land Office, vice Frank Gordon, resigned. The result was announced-yeas 37, nays 14; as follows: COLLECTOR OF ~TERN .AL REVENUE. YEAS-37. Thomas Cooper,· of lllinois, to be collector of internal revenue for the Alli on, George, Miller, Teller, Beck, Gorman, Mitchell of Oreg., Vance, eighth district of Illinois, vice Jacob Wheeler, resigned. Berry, Gray, Payne, Van Wyc~. [The nomination of Thomas Cooper to the above-named .office, do Brown, Hale, Pugh, Voo1·hees, li>ered to the Senate December 15: 1885, is this da.y withdrawn.] Butler, Harris, Ransom, '\.V a.lthall, Coke, Harrison, Saulsbury, Whitthorne, REGISTER OF LAND OFFICE. Colquitt, Ingalls, Sawyer, Wil on of Iowa.. Cullom, Jones of Arkansas, Sewell, Frank J. 1\Iott, of Denver, Colo., to be register of the land office at Dawes, McMillan, Sherman, Denver, Colo., t·iee Louis Dugal, commission expired. E\·arts, Maxey, Spooner, RECEIVERS OF PUBLIC 1\IONEYS. NAY8-14. Allen Wood, of Susanville, Cal., to be receh;.er of public moneys at Blair, Conger, Hawley, Vest, Call, Dolph, "Hoar, Wilson of Md. Susanville, Cal., vice Frank G. Ward, who has resigned. Chace, Edmunds, Palmer, William J. UcClure, of Camr d'Alene, Idaho, to be receiver of pub Cockrell, Gibson, Platt, lic moneys at Creur d'Alene, Idaho, vice James F. Legate, who has re- ABSENT-25. ~igned. . Aldrich, Frye, McPherson, Plumb, · IXDIAN .AG~T. Blackburn, Hampton, Mahone, Riddleberger, Bowen,- Hearst, 1\Ianderson, Sabin, Joseph Hollman, of Emerson, Nebr., to be agent for the Indian of Camden, Jones of !~lorida, :Mitchell of Pn..., Stanford. the Onu'lha. and Winnebago agency in Nebraska, vice George W. Wil Cameron, Jones of N eTada. l'l!organ, kins,. who has resigned. Eustis, Kenna, 1\Iorrill, Fair, Logan, Pike, REJECTIONS. So the report was concurred in. E xecutive n6Jnination rejected by the ~.:. erwte .Attgu '2, 1 86. J _OIIN ELLIS. UNITED STATES J\I.ARSHAL. l\Ir. SAWYER. I inove that the Senate proceed to the consideration James H. Freeman, of Tennessee, nominated to be marshal of the of the bill (H. R. 3908) for the reliefof John Ellis. It is simplya bill United States for the western district of Tennes ee. for the relief of a messenger of the Honse of Repr esentatives. The motion was agreed to; and the Senate, as in Committee of the Execttti'l:e nominations rejected by the Senate August 3, 1 6. Whole, proceeded to consider the bill. It proposes to pay John Ellis POSD!ASTERS. $210, in full for services rendered as messenger to the Forty-fifth Con George P. Sanfor~ nominated to be po lmaster at Lansing, in the gress from October 15, 1877, to February 1, 1878. county of Ingham and State of Michigan. The bill was reported to the Senate without amendment, ordered to Henry H. Porter, nominated to be postm!lSter at Dowagiac, in t.he a third reading, read the third time, and passed. county of Cass and State of Michigan. CO~GRESSION.AL LIB.R.A..RY. COLLECTOR OF CU TO:U . Mr. ALLISON. I ask now m take from the table the joint resolu Adclard Gue.rnon, of Milmesota, nominated to be collector of customs tion (S. R. 82) making additional appropriation for purchase of site fm· for the district of Minnesota, in the State of Minnesota.