1894. CONGRESSIONAL RECORD-SENATE. 149

I desire to yield to the gentleman from lllinois; but I supposed I the late war and the war with 1\iexico, passed March 2, 1889--to was under an obligation to the gentleman from Tennessee, and so the Committee on :Military Affairs. offered to surrender it back to him. By Mr. AITKEN: A bill (H. R. 8123) to amend section 279 of But whatever the parliamentary status may be, that, I think, chapter 11, title 3, of the Postal Laws and Regulations-to the under the circumstances ought to control. Committee on the Post-Office and Post-Roads. The SPEAKER. The parliamentary situation is this, as the By Mr. TAWNEY: A bill (H. R. 8124) to provide for the settle­ Chair understands it: At the conclusion of the remarks of the ment of controversies between ce1·tain railway companies and their gentleman from Pennsylvania [Mr. MAHoN] the Chair recognized employees, and for other purposes-to the Committee on the Judi­ the gentleman from Tennessee [Mr. PATTERSON], in charge of ciary. the measure, to make some proposition changing the rule of de­ By Mr McCREARY of Kentucky: A bill (H. R. 8126) to au­ bate on the pending bill. The Chair understood that objection thorize the appointment of a currency commission, and for other was made to the proposition, whereupon the Chair recognized purposes-to the Committee on Banking and Currency. the gentleman from New Hampshire [Mr. BLAIR] to proceed By :Ur. HATCH: A joint resolution (H. Res. 235) for the pub­ under the rules of the House. lication of the dah·y test made by the Columbia.Jl..-Exposition-to Mr. PATTERSON. My recollection of the parliamentary status the Committee on Agriculture. · is this: I made a proposition; there was a suggestion of an objec- By Mr. COOPER of Indiana: A resolution for printing part of tion made-' , · the annual report of the Secretary of the Treasury-to the Com­ The SPEAKER. There was a positive objection made, as the mittee on Printing. Chair understood it. By Mr. HATCH: A resolution to appoint an additional messen­ Mr. HAUGEN. The gentleman asked unanimous consent that ger, to be assigned to the Committee on Agriculture-to the Com­ general debate be closed and I objected. mittee on Accounts. The SPEAKER. -That is the understanding of the Chair. Mr. PATTERSON. During the pendency of that I yielded for PRIVATE BILLS, ETC. a few minutes to the gentleman from New Hampshire, but sup­ Under clause 1 of Rule XXII, private bills of the following titles posed I w~ld have the opportunity when he concluded to renew were presented and referred as indicated below: a request I had to make to the House. By Mr. HERMANN: A bill (H. R. 8127) to provide increase of The SPEAKER. That is a misapprehension. The gentleman pension to Hosea Brown, of the war of 1812-to the Committee on from Tennessee was not entitled to the floor. Objection was made Pensions. to his request, and the gentleman from New .Hampshire was rec­ By Mr. CURTIS of Kansas: A bill (H. R. 8128) for relief of ognized. JohnS. Friend, of ElDorado, Stat.e of Kansas-to the Committee Mr. BLAIR. Then I reserve ten minutes of the time, and yield on Indian Affah·s. the remainder to th~~entleman from Illinois (1\fr. CANNON]. By :M:r. MARTIN of Indiana: A bill (H. R. 8129) to increase th~ Mr. CANNON of .winois. Now, Mr. Speaker,Iwillaskthegen­ pension of Elias D. Pierce, of Pennville, Ind.-to the Committee tleman from Tennessee, having the time, does he desire to submit on Pensions. a proposition to close general debate now? By Mr. VAN VOORHIS of Ohio: A bill (H. R. 8130) granting Mr. PATTERSON. No. a pension to Charles F. Hamme-to the Committee on Invalid 1rir. CANNON of illinois. Then I will say further that I am in Pensions. , harmony~with him in a desire to see general debate closed and this bill considered under the five-minute rule in the House as in com- PETITIONS, ETC. mittee for amendments; and if I can do anything to bring about u d 1 1 f R 1 xxn f ll that condition, now or hereafter, I will cheerfully do it. But if n er c a use 0 u e 'the 0 owing petitions and papers were laid on the Clerk's desk and referred as follows: there is any objection, or if there is objection for the present until By Mr. CANNON of illinois: Petition of Mrs. Cyrena Kinser, the House is fuller than now, why the fact that I have forty f · 1 t f Co tin h · c minutes or over would not stand in the way when he next calls up or a speCia ac 0 ngress gran g er a pensiOn-to the om- mittee on Pensions. the bill if he can perfect his agreement to begin under the five- By 1rfr. BROWN: Papers to accompany the bill (H. R. 8112) to minute debate at that time. I have no desire to talk merely to increase the pension of Sarah J: Paynter, widow of Dr. Christian consume time, and I have no desire for general debate at all if we Paynter, second lieutenantCompanyD, Second Regimen.t Indiana can reach some agreement. . 1 t M · to th Co ·tt p · With that statement, as there is objection now, I will ask the v 0 un eers, eXIcan war- e mnn ee on enswns. entleman from Tennessee if it is his sense to have the debate pro- By Mr. LACEY: Petition and memorial to accompany House g bill 2134-to the Committee on Pensions. ceed at this hour, or is the gentleman willing to have an adjom·n- . ment? It is about twenty minutes to 5 o'clock-- Mr. PATTERSON. I desire to give notice to the House, befm::.e malting the motion to adjourn, that on next Tuesday, at 3 o'clock, SENATE. I will move the previous question on the final passage of this bill, MONDAY, J)ecmnber 10, 1894•. the substitute, and amendments. Ahd with that understanding I now move that the House adjourn. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Mr. CANNON of illinois. I yield to the gentleman to make The Vice-President being absent, the President pro tempore the motion, Teserving my time. (IsHAM G. HARRIS, a Senator from the State of Tennessee) took The SPEAKER. Certainly, the Chair understands the gentle­ the chair. man is entitled to the floor. JOSEPH C. S. BLACKBURN, a Senator from the State of Kentucky, - JosEPH M. CAREY, a Senator from the State of Wyoming, and ENROLLED BILL SIGNED. DAVID B. HILL, a Senator from the State of New York, appeared Mr. PEARSON, from the Committee on Em·olled Bills, reported in their seats to:day. . that they had examined and found truly enrolled the bill (H. R. The J o"'lrnal of the proceedings of Thursday last was read and 4453) providing for the dedication of the Chickamauga and Chat­ approved. . ~ tanooga National Park; when the Speaker signed the same. PROPOSED FINANCIAL LEGISLATION.· LEAVE OF ABSENCE. Mr. MORRILL. Mr. President, I had proposed to address the Pending the motion to adjourn, leave of absence was granted as Senate for about half an hour on Wednesday morning. I find follows: that it will be more convenient for myself and perhaps for the To Mr. BLACK of illinois, two days dming this month. Senate to do so to-morrow, Tuesday morning, immediately after To J\1r. FUNK, indefinitely, on accotmt of sickness in his family. the morning business is over. , To Mr. LUCAS, for to-day~ on account of sickness. The PRESIDENT pro tempore. The change of notice will be And then.the motion of Mr. PATTERSON was agreed to; and ac­ noted. cordingly (at 4 o'clock and 40 minutes p. m.) the House adjourned. MESSAGE FROM THE HOUSE. A message from the House of Representatives, by Mr. T. 0. CHANGE OF REFERENCE. TowLES, its Chief Clerk, announced that the House had passed a Under clause 2 of Rule XXTI, the following change of reference bill (H. R. 7854) to prevent the free use of timber on the public wasmade: - . lands and to revoke all permits heretofore granted in certain A bill (H. R. 1314) for the relief of MathewS. l1.'iest, with an Stat.es, and for other purposes; in which it requested the concur­ amendment of the Senate thereto-Committee on Military Affairs rence of the Senate. discharged, and referred to the Committee on War Claims. ENROLLED BILLS SIGNED. The message alsd announced that the Speaker of the House had · PUBLIC BILLS AND RESOLUTIONS. signed the following em·olled bills; and they were thereupon Under clause 3 of Rule XXII, bills and resolutions of the follow- signBd by the President pro tempore: ing titles wereintroduced, and severally referred as follows: _ _A bill (S. 447) to authorize the Secretary of the Interior to issue By Mr. RYAN: A bill: (H. R. 8122) to further amend section 9 a duplicate of a certain land warrant to Emma A. Ripley; of the act for the relief of certain volunteer and regular soldiers of A bill (S. 679) to provide, for the location and satisfaction of 150 c-oNGRESSIONAL RECORD-SENATE. DECEl\ffiER 10, outstanding military land warrants and, certificates of location A con~·ren~ resolution instructin~ our Senators and requesting our Repre­ sentatives m C~ngress to ta.k~ ~uc.n steps... b¥ memorial or otherwise, as will under section 3 of the act of J una 2, 1858; and be ID:Ost expedient f~r expediting a preliminary survey, with plans, speci­ A bill (H. R. 4453) providing for the dedication of the Chicka­ fica~ons, and approXllllate es~ates of cost thereof, for the construction of m~uga and Chattanooga National Park. a !>hlP cana.l of approved Width and depth, from the lower end of Lake . :UIChig:m to the head of navigation of the Wabash River. EXECUTIVE CO:IDIIUNIC.A.TIONS. Wherea-s the feasibility of• the construction of a ship canal to con"nect the lower water of Lake Michigan to the head of navigation of the Wab::. ash River The PRESIDENT pro tempore laid before the Senate a commu­ ~been gener~lly a~owledged, if not yet fully demonstrated the same bern~ .a work of mternal rmprovement long discussed by the public. the value nication from the Secretary of the Treasury, transmitting, in of ~mch for the future develOIJmEmt of the ~reat Northwest can ·hardly be response to a resolution of the Senate of June 27, 1894, requesting estunated; and the proper accounting officers of the Treasury to reexamine the . Whet:ea~ \arlo~ reports emanating from civil engineers of appro\ed scien­ Treasury settlements made in 1884 and 1885, and numbered 5000, tific sk;ill, mcluding rho re_l}Ort of Maj. G. L. Gillespie, United Shttes Corps of Engmeers, ~d~t<> the War Departmen~ Decelflber 27,1875, demonstrates 5085, 5201, 5300,5303, 5363, and 5368, heretofore certified to Congress the full _practicability of. such an enterpriSe; srud report showing, among for appropriation in favor of the 1·espective claimants for insurance other t_!rings, tha~ there IS~ fall approximating about 70 feet from the south end of Lake Michigan to said head waters of the Wabash River and tha.tsuch paid by them on vessels, and to submit the reasons for the certifi­ proposedcana.l, owing to the physical condition of thecountrythronah which cation, etc., the report of the Assistant Comptroller of the Treasury, It WQuld pass, the same being level and sandy, by which the construction of under date of November 2, 1894; which was, with the accompany­ such work could be d_onli}very cheapl:y ~ viewof_its magnitude; and ing papers, referred to the Committee on Claims, and ordered to Whereas from the tune of the subrmssion of s:nd report in 1875 to the War J?epartment no further Congressional action looking to the ultimate construc­ be printed. tion of such canal has been had; and He also laid befo1·e the Senate a communication from the Sec­ }Yher~aa, further, such proposed canal would Rhorten the waterway from retary of the Treasury, transmitting, in response to a resolution LaKe Mi$Jgan to the Gulf of Mexico by nearly 400 miles more than any other !Oute w~:nch ha.s been suggested or proJl()Sed: '.rherefore, in view of the prem­ of the Senate of August 24, 1894, directing that the proper account­ ISeS, be It ing officers of the Treasury be caused to reexamine the certified .Resoll:e? by the Sta-te senate of Indiana, the house of representatives concur­ claims of the Pennsylvania Railroad Company and its leased r~ng he:rem. That our Senators in Congress be insti"'llcted and our Representa­ tives ~equ.ested to p:ro~r1y memorllilize Congress, or take such other steps lines against the United States for transportation, numbered 4889 as t~eu· ~om may ~te, to expedite tho preliminary s,urvey with plans, of the year 1884, for the sum of $14,878.93, etc., the report of the sp~ifications, and estima.tes of the p-robable cost for the construction of such Second Comptroller of the Treasury under date of September 25, s'!llp can~ of approved Width and depth, to be constructed from the most de­ srrable pomt on the south end of Lake Michigan, and by the best possible route 1894; which, with the accompanying papers, was referred-to the to the head of navigation of the Wabash River. ' Committee on Claims, and ordered to be printed. CERTIFIO.ATE. HOUSE BILL REFERRED. STATE OF l'NDIANAr The bill (H. R. 7854) to prevent the free use of timber on the Office of flu, Secretary oj state, u; I, William R. Myers. secretaYy of st-ate of the State of Indiana, do hereby public lan9B and to revoke all permits heretofore granted in cer­ certify that the foregoing and annexed is a full. true, and complete copy of tain States, and for other purposes, was read twioo by its title, sen:1te concurrent resolution No. ID introduced by Senator McLean and and referred to the Committee on Public Lands. adopte.d January 30, 1893, as is shown by the records now on file in this'office. In Wltness whereof I have hereunto set my hand and affixed the seal of the PETITIONS AND MEMOIUA.LS~ ¥~~e of Indiana, at, the city of Indianapolis, this 21st day of November, A. D. The PRESIDENT pro tempore presented a communication from [SEAL.] W. R. 1\IYERS, Secreta:nJ of State. the Secretary of the Navy, under date of December 6, 1894, trans­ Mr. FRYE presented a petition of the Board of Trade of Port­ mitting for the favorable consideration of Congress a petition of land} Me., pr~ying for the.enactment of legislation to secure the the officers and enlisted men of the United States steamer Dolphin early completion of the Nicaragua Canal; which was ordered to relative to the retirement of regular soldiers and marines after lie on the table. thirty years' service, so as to inclnde the enlisted men· of the He als? presen~ a petition of local union No. 40, Cigar Makers' Navy; which was referred to the Committee on Naval Affairs, International Umon,. of P~land, Me~, p~ying for the passage of and ordered to be printed. House bill No. 7756ratithonzmgthe appomtmentof ano-npartisan He also presented a communication from the Secretary of the commission to collect information and to consider and recom­ Navy, stating that he had forwarded to the- House of Representa­ mend le~Iatio~ to meet problems presented bylabm·, agrieultnre, tives a petition of the officers and enlisted men of the United and cap1tal; which was refeiTed to the Committee on Education States steamer Franklin, praying for an amendment to the act and Labor. of February 14, 1885, authorizing a retired list for privates and noncommissioned officers of the United States Army who have Mr. SHERMAN pl'esented a memorial of the Board of Trade of served for a period of thirty years or upward, so as to include en­ Columbus, Ohio, remonstrating against the adoption of certain listed men of the Navy; which was referred to the Committee on proposed amendments to House bill No. 7273, providing for the Naval.AffaiTs, and ordered to be printed. legalization of pooling; which was referred tO the Committee on Mr. TURPIE. I present a concun·ent resolution of the gen­ Interstate Commerce. eral g~.ssembly of Indiana, in favor of legislation on the subject of 1\Ir. MITCHELL of Oregon presented the petition of John Fox the construction of a maritime ship canal from the lower end of of Albany, Oreg., late~ private in Company G, Twenty-sixth Ken: Lake Michigan to the head of navigation of the Wabash River. tucky Infantry, praymg for a correction of his military record· The memorial sets forth that the feasibility of the construction which was refeiTed to the Committee on Military Affairs. ' has been · generally acknowledged, and its value for the future Mr. CAFFERY presented a. petition of sundry sugar producers development of the great Northwest can hardly be estimated; bankers, brokers, merchants, underwriters, railroad and steamboat and that the various reports of civil engineers of approved companies, auctioneers, machinery manufacturers coopers and scientific skill, including the report of Maj. G. L. Gillespie, draymen, all in the State of Louisiana, praying for the enac-bnent United States Corps of Engineers, made to the War Department of legislation providing for the payment of the bounty to sugar December 27, 1875, demonstrate the fnll practicability of such an producers as far as earned and unpaid, under the act of October enterprise, t.b.e reports showing that there is a fall approximating 1, 1890, '"to cover sugars actually produced tmder the law p1·evious about 70 feet from the south end of Lake Michigan to the head to its repeal bythepresenttarifflawofAugust28, 1894,etc.· which waters of the Wabash River, and that the construction of the was referred to the Committee on Finance. ' work, owing to the physical condition of the country tlu·ough Mr. CAMER<;:>N presented a petition·of sund.l-y citizens of Free­ which it would pass being level and sandy loam, could be done l~nd, ~a., pra~g for the p~ssage ?f the ~o-called Stone immigra­ ve1·y cheaply in view of its commercial importance. The memo­ tion bill, proVIding for the mspectwn of rmmigrants by consular rial also sets for'th that the proposed canal would shorten the officials; which was referred to the Committee on Immigration. water way from Lake Michigan to the Gnlf of Mexico by nearly He also presented a memorial of sundry citizens of .Allegheny 400 miles more than any other route which has been suggested or City, Pa., remonstrating against the app:,:opriation of money by proposed. As the memorial comes from the legislature of the Congress for sectarian school purposes; which was referred to the State, I ask that it be printed in the RECORD and that it be Committee on Appropriations. referred to the Committee on Commerce. He also presented a petition of Col. F. H. Collier Camp, No. 139, The memorial was referred to the Committee on Commerce, Sons of yeterans, of Sharpsburg, Pa:, prapng for the passage of and ordered to be printed in the RECORI_>, as follows: House bill 5313, to prevent desecration of the Stars and Stripes· which was referred to the Committee on Military Affairs. ' INDIANAPOLIS, IND., November 24, 189/,. Mr. QUAY presented the petition of George W. Poellot and 65 MY DE.AR Srn: I have the honor to send you herewith a certified copy of other citizens of Bridgeville, Pa., praying for the passage of the se~a.te concurrent resolution No. 10,as the same was passed by the senate of this State, session of 1893. Our attention had not been called to the matter, so-called Stone immigration bill, providing for the inspection of hence the delay. immigrants by consular officials; which was referred to the Com- I am, sir, very truly, mittee on Immigration. · W. R. MYERS, Secretary of State. Hon. DAVID TURPIE, Mr. H.A:LE presented a petition of local union No. 40, Cigar United States Senator, City. Makers' International Union, of P3rtland, Me., praying for the . \

1894. CONGRESSIONAL, RECORD-SENATE. · 151

passage of House bill No. 7756, authorizing the appointmimt of a the Secretary of War to place on file in the War Department the nonpartisan commission to collect information and to consider and names of the officers and members of the Frontier Gum'ds, mus­ recommend legislation to meet problems presented by labor, agri­ tered into the volunteer military service of the United States on cultm·e, and capital; which was referred to the Committee on Edu­ the 16th day of April, 1861, and issue discharges to the same; which cation and Labor. was read twice by its title, and referred to the Committee ou Mil­ He also presented a petition of the Board of Trade of Portland, itary AffaiTs. Me., praying for the enactment of legislation to secure the early :Mr. MARTIN. IpTesentin connection with the bill a favorable completion of the Nicaragua Canal; which wa.s ordered to lie on report of the Senate Committee on Yillitary Affairs on a similar the table. measure in the Fifty-first Congress, fu-st session, containing a :Mr. PALMER presented a petition of local union No. 99, memorial in reference to the subject-matte!' of the bill. I move Cigar Makers' International Union, of Ottawa, lll., praying for the that the bill be referred to the Committee on Military Affairs, and passage of House bill No. 7756, authorizing the appointment of a that 500 copies of the accompanying report, No. 337, Fifty-first nonpartisan comm.iSBion to collate information and to consider and Congress, first session, be reprinted for the use of the Senate. recommend legislation to meet the problems presented by labor, The motion was agreed to. agriculture, and capital; which was referred t(} the Committee on Mr. QUAY introduced a bill (S. 2373) granting a pension to D. Education and Labor. W. C. ·:McCloskey; which was read t"ice by its title, and, with the He also presented the following petition; which was 1·eferred to accompanying papers, referred to the Committee on Pensions. the Committee on Finance, and ordered to be printed in the Mr. CAMERON introduced a bill (S. 2374) granting a pen­ RECORD: sion to Mrs. Anna Stewart; which was read twice by its title, and S'l'.A.TE GRANGE OF ILLINOIS, referred to the Committee on Pensions. PATRO:NS OF HUSBANDRY, SECRETA.RY'S OFFICE, Dunlap, fll., Decembe1· 5, 1894. Mr. GORMAN intl·oduced" a bill (S. 2375) for the purchase of the oil portrait of Maj. Gen. William Smallwood; which was read To- the United States Senate, Washin~on, D. C.: The State Grange of Dlinois at. its twenty-third annua.l session, held at twice by its title, and referred to the Committ.ee on the Library. Springfield, ID., November 13 to 16, lBlJi, adopted the following: :M:r. CAREY introduced a bill (S. 2376) granting a pension to Resolved, That we a.re in favor o:f the G-eneral Govm·nment issuing legal­ Richard King; which was read twice by its title, and referred to tender Treasury notes without the intervention of national banks, and are opposed to any further issue of interest-bearing Gave-Tnment bonds for cur­ the Committee on Pensions. rent expenses in tim.es of peace. He also introduced a bill (S. 2377) for the relief of H. F. Me­ Attest: [SEAL.] THOS. KEADY, SecretanJ. naugh, late postmaster at Rock Springs, Wyo.; which was read Mr. PA!ill-IER also presented the following petition; which was twice by its title, and referred to the Committee on Post-Offices referred to the Committee on Post-Offices and Post-Roads, and and Post-Roads. ordered to be printed in the RECORD: Mr. CALL intl·oduced a bill (S. 2378} opening the na.val reser­ ~TATE GRANGE OF lLLIKOIS, vation in the- counties of Lafayette, Suwannee, and Alachua to PATRO~S OF HUSBANDRY, SECRETARY'S OFFICE, homestead settlement, and confiTming the title of actual settlers Dunlap, fll., December 5, 1891.. thereon; which was read twice by its title, and referred to the Com­ To the United States Senate, Washington, D. C.: mittee on N av~J .Affairs. The State Grange of illinois, at its twenty-third annual session, held at Sprinldield, ru.,. N ovembm- 13 to 16, 1894, adopted the following: He also introduced abill {S. 2379) to proteet employees on rail­ Bes&1--ed, In the interest of equal postal privileges to a.lT classes of citizens, roads engaged in thecomme-rcebetweentheStates; which was read that wo ask of Congress· a law establishing free mail deltvory in the rural twice by its title, and referred to the Committee on the Judiciary. districts. He also introduced a bill (S. 2380) to change the boundaries of Attest~ [SEAL.] THOS. KEADY, Sec1·eta:ry. the collection distl"ict of Key ·west, Fla., and make Punta Gorda Mr. P.ALl\IER also presented the following petition; which was a port of entry; ·which was read twice by its title, and referred to referred to the Committee on Privileges. and Elections,. and ordet'ed the Committee on Commerce. "t9 be printed in the RECORD: He also. in:f;roduced. a bill (S.2381) to extend the boundaries of STATE GRASGE OF ILLINOIS, P .ATRONS OF HUSB.Al\"DRY, S.ECJn::TJ'..RY'S OFFICE, the.collection district of St. Augustine, Fla.; whieh was read tw.ice - Dtmlap, nz_, December 5, 18..%. by its title, and referr!3(]. to the Committee on Commerce. To the United states Senate, Washingto-n, D. C.: He also introduced a bill (S. 2382) to refund to the county of The State Grange of Illinois, at its twenty-third a.nnual session., held at Duval, in the State of Florida, the money expended in the improve­ Springfield, ill., November 13to16, 1~, adopted the followmg: ment of the St. Johns River, Florida; which was read twice by its Resol-ved. That we demand of Congress a constitutional amendment pro­ viding that United States Senators be elected by a direct vote of the people. title, and referred to the CommitteB on Commerce. Attest: [SEAL.] . 1.Ir. MITCHELL of Oregon introduced a bill (S. 2383) for the THOS. KEADY, Secretar~J. relief of :M:. S. Hellman, of Cany.on City, Oreg.; which was Tead Mr. PALMER !I~~ presented the following petition; which was twice by its title, and referred to the Committee on Claims. referred to the Co ttee on Agriculture and Forestl·y, and ordered :Afr. VEST introduced a bill (S. 2'384) to amend an act entitled to be printed in the RECORD: ''An act to authorize the construction of a bridge across the Mis­ STATE GRANGE OF ILLINOIS, so.uri River at some point within 1 mile below and 1 mile above PATROl\~ OP HUSBAl.'iDRY, SECRETARY'S OFFICE, Dunlap, fll., December 5, 189!.,. the present limits of the city of .Jefferson~ Mo.," approved MaJ To the United States Senate, Washingt.Qn, D. C.: 28, 1&34; which was read twice by its title, and referred to the The State Grange of lllinois, Patrons of Husbandry, at its twenty-third an­ Committee on Commerce. nual session, held at SRringfield, m, November 13 to 16, 189

He also submitted an amendment intended to be proposed by That the House recede from its disagreement to the amendment of the Sen­ ate numbered 3, and agree to the same with an amendment as follows: Strike him to the Indian appropriation bill; which was referred to the out all after the word "acre," in line 8 of the prop&!ed additional section 2, Co:illmitiiee on Indian Affairs, and ordered to be printed. and the Senate agree to the same. , That the Senate recede from its amendment numbered 4, and agree to the THE FIVE CIVILIZED TRIBES. following new sections in lieu thereof: On motion of Mr. PLATT, it was "SEC. 3. That when lands so purchased are within a. mining district such lands shall be considered mineral lands, and the patents to such lands shall 01·de1·ed, That the report of the commission appointed to ne~o~iate W"!-th not auth01'ize the purchaser to extract mineral therefrom, but all such min­ the Five Civilized Tribes of Indians, known as the Dawes comnnsswn, which eral shall bo r eserved for the United States; that a failure to utilize said report is attached to the annual report of the Secret.'1ry of the Interior asAp· lands for reservoir or water-storage purposes within three years after the pendix B, be printed as a Senate document. entry thereof, or abandonment th~reof after ~ork is commenced thex:eEc. 5. That any State or any county or district organization, duly organ­ either of s..'l.id reports. ized under the laws of any State or Territory, may apply for any of the stor­ INDEPENDENCE OF CUBA. age reservoir sites, not reserved by the United States, situated on unentered public l::l.nds, for the storage of water.for irrigating, mining,or other useful­ Mr. CALL submitted the following resolution; which was read: purpose, whereupon the SecretarY. of tlie·Interior shall set aside and withdrav<· from public sale, or other disposition, such site or sites, and permit the use Resolved, That the independence of the Island of Cuba is an object of great thereof for either or all of such purposes: Provided, That failure to commenC6 1mportance to the Republic of the United St;a.tes and to the commercial and operations within one year after the site is set aside, or of nonuser or abandon· political interests of .the people of both countries, and the President .of the ment thereof, before or after the completion of the works thereon, for a period United States be, and is hereby, requested to coiUIIrence negotiations with of two years, shall forfeit all rights and privileges thereto, toge'ther with all Spain for the reeognition of the independence of the island and for the guar­ improvements, to the United States; And pmvided further, That mineral antee by the United States of the payment of such a sum of money as shall lands shall not be subject to the provisions of this act." be agreed on between the United States and Spain. . And the House agree to the same. Mr. CALL. I should be very glad, if there be no objection to JOSEPH M. C~EY, it, that the resolution lie on the table, so as to give me an oppor­ S. PASCO, A. J. McLAURIN, tunity to make some observations upon it; but if the Senator ~om Confe1"ees on the pa1·t of the Senate. Ohio still desires that the resolution be refeiTed to the Committee THO. C. McRAE, on Foreign Relations, I shall move that reference. JOHN F. LACEY, Mr. SHERMAN. I think the resolution had better be ·printed ROBERT NEILL, and lie over. I could not hear it read very distinctly. Gonferees on the pa1·t of the House. The PRESIDENT pro tempore. The resolution will be printed, Mr. DOLPH. I have the utmost confidence in theSenatemem­ and go over under the rules. bers of the conference committee. I did not hear, however, dis­ tinctly what the measure is which is reported upon, and the con­ FORT JUPITER MILITARY RESERV.A.TION. ference report appears to be a very elaborate one, covering new Mr. CALL submitted the following resolution; which was con­ provisions affecting the question of sites for reservoirs and as to sidered by unanimous consent, and agreed to: minerals and the public lands. I should like an explanation from Resolved, Tb.at the Secretary of the Interior be instructed to report to the the Senator from Wyoming, or, if he will permit it, that the con­ Senate whether any locations of scrip have been made or attempted to be made on the Fort Jupiter Military Reservation in Florida; and, if so, when ference report may be printed, so that it may be examined and n.nd by whom suc!:t applications have been made, .and the ac~ion of ~he Inte­ called up at some future time. J'ior Department m respect to the same, and whether the said locations have The PRESIDENT pro tempore. The question is, Will the Sen­ ueen approved by the Seeretary of the Interior. ate consider the conference report at this time? WAR BETWEEN CHINA AND JAPAN. • Mr. SHERMAN. Let the report go over. Mr. CALL submitted the' following resolution; which was re­ Mr. DOLPH. I should like to have an opportunity to read the ferred to the Committee on Foreign Relations, and ordered to be report or to hear an explanation of it. It seems to be an elaborate printed: report, containing new provisions, and important ones, and I think, Resolved, That the further prosecution of the war betweenChinaa.ndJa.pan if.it is printed and goes over, it will be more satisfactory to cyery- to the disintegration of the ancient government and nationality of China will one. _ not be advantageous to the peace and civilization of the nations of the world Mr. GAREY. I suggest, with the consent of the Senate, that and their progress in the arts; and that the interests of the world require all governments shall unite in negotiations with Japan and China for the termi­ the report be printed, and that the amendments agreed to by the ,tlation of the war and the settlement of their differences by arbitration on conference committee be printed in the proper place in the bill. terms just and honorable to both nations, and for such guarantees by the 1\Ir. DOLPH. That will be more satisfactory. Government of China for the protection of the lives and property of the citi­ zens and subjects of foreign governments as shall be ?-dequate for this pur­ The PRESIDENT pro tempbre. It will be so ordered, if there pose. be no objection. The Chair hears no objection, and it is so ordered. LAND FOR GR.A. VEL PITS AND RESERVOIR PURPOSES. REPORT OF STRIKE COMMISSION. Mr. CAREY. I ask that the action of the House of Representa­ The PRESIDENT pro tempore laid before the Senate the follow­ tives on House bill 7451, which is in the nature of a conference ing message from the President of the United States; which wa~ report, be laid before the Senate. • read: The PRESIDENT pro tempore laid before the Senate the follow­ To the Senate and House of Representatives: ing resolution of the House of Representatives; which was read: I translnit herewith the reporJ; on the Chicago strike of June and July, 1894, lN THE HOUSE OF REPRESENTATIVES U:ro."'TED STATES, forwarded to me by the Strike Commission appointed July.26, 1894, under the .August 20, 1894. provisions of section 6 of chapter 1063 of the laws of the Umted States, passed Resolved, That the House agrees to the report of the committee of confer­ October 1, 1888. . . . ence on the disagyeeing votes of the two Houses to the amendments of the Sen­ The testimony taken by the ComiUlSSIOn ~d the suggestions a~d recom- ate to the bill (.t:t. R. 74nl.) entitled "An act to authorize the entry of land for mendations made to it accompany the report m t&~8VE~f ~F,~e~!':Nn. gravel-pits and reservoir purposes, and authorizing the gt·ant of right of way for pipe lines." EXECUTIVE MANSION, December 10, 1894. Mr. CAREY submitted the following report: :Mr. VOORHEES. I wish to offer a resolution in connection with the message which has just been laid before the Senate, and The comlnittee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 7451) "To authorize the to ask for its consideration. entry of lands for gravel pits and reservoir purposes and authorizing the The resolution was read, as follows: grant of right of way for pipe lines" having met, after full and free confer­ Resolved 1m the Senate (the House of Rep1·esentatives co;wm"'_"iftg), That there ence, have 2.greed to recommend and do recommend to their respective be :printed, bound in cloth, and properly wrapped for mailing, 20,000 extra Houses as follows: cop1es of the report on the Chicago strike of June and July, 1894, by the That the House recede from its disagreement to the amendment of the Sen­ United States Strike Commission appointed by the. President J~y 26, 1894; ate numbered 1, and agree to the same; and the Senate agree to the ~arne. 10 000 copies for the use of the House of Representatives, 5,000 copies for the That the Senate recede from its amendment numbered 2, and agree to the u.Se of the Senate, and 5,000 copies for the use of the Department of Labor. same with an amendment as follows: After the word" Columbia,'' in line 18, page 2, insert the following: · 1\Ir. VOORHEES. I will simply observe that it is a concurrent ".Andp1'0videdfurthe:r, That the nonuser by any railway company of any resolution, and the action of the other House upon it will be re­ of the lands purchased under this section by such railway company for the construction of reservoirs, for the purposes for which such lands were pur­ quired. The subject is one of great importance. There will be a. chased, for a period of two years, shall constitute a forfeiture of the title of great demand for this report, and I can conceive of no reasonable such railway company to the lands so nonuseq, and the same shall thereby objection to·the adoption of the resolution. 1·evert to the United States; and this provision shall be inserted in the patents to said la:1ds." The PRESIDENT pro tempore. If there be no objection, the .And the House agree to the same. message from the President will be printed and lie on the table, 1894. CONGRESSIONAL RECORD-SENATE. 153 and the resolution of the Senator from Indiana must go to the shall read the letter of the Attorney-General rettuning the reso- Committee on Printing. before it can be acted upon by the Senate. lution. It is as follows: • The resolution is so referred. DEPART:MEl<....£ OF JUSTICE, Washington, D. C., Jt~ly 27, 1894. Mr. VOORHEES. It is a resolution for the printing of extra Sm: I have the honor to acknowled?.e the receipt of the resolution of the copies. I sta.nd corrected, of course, by the President pro tempore Senate of this date, requesting me to • return to the Senate the resolution agreed to yesterday, calling for full copies of all telegraphic and other cor­ as to the rule. respondence which may have passed between him or his office or any of the The PRESIDENT pro tempore. The resolution must neces­ officers, agents, or attorneys of the Chicago, Rock Island and Pacific Railway sarily go to the Committee on Printing. Company," etc., and in reply thereto to return the resolution of the 26th instant as requested. M1·. VOORHEES. Very well. Very respectfully, MADRID HISTORICAL EXPOSITIO~. RICHARD OLNEY, Attorney-General. The PRESIDENT pro tempore laid before the Senate the follow­ The PRESIDE~T OF THE SENATE. ing message from the President of the United States; which was I have submitted the pending resolution, Mr. President, princi­ ordered to lie on the table and be printed: pally for two purposes: For the purpose of calling the attention To the Congress of the United States: of the Senate and the country to the manner in which the motion I transmit herewith a communication from the Secretary of State, inclosing was made to reconsider a resolution, to the i.mportant information the report, with accompanying papers, of the Commission of the United ~tates for the Columbian Historical Exposition in 'Madrid in 1892 and 1893, constituted the country is prevented from obt;aining in consequence of a recall in virtue of the a<~t of Congress approved May 13, a~~VER CLEVELAND. of the resolution, and for the purpose of bringing to the attention of the Senate the inegular manner in which the motion of the EXECUTIVE MANSIO~, Washington, Decembe1· 10, 1894. Senator from Alabama was entered and considered. NOTE.-Accompanying papers sent to House of Representatiyes. I did not know of the entering of the motion-and perhaps that is my fault-and the action of the Senate upon it until the second INDUSTRIAL TROUBLES IN CHICAGO, ILL. day of the present session of Congress. When I came here one The PRESIDENT pro tempore. If there be no further i·esolu­ morning I requested of the Secretary of the Senate a copy of the tions concurrent or otherwise, the Chair lays before the Senate a reply of the Attorney-General to the resolution, when my attention resol~tion coming over from a former day, which will.be read. was called to the fact that the very next morning af-ter the resolu­ The Secretary read the following resolution, submitted by Mr. tion had been acted upon by the Senate, in myf€mporary absence ALLEN on the 5th instant: from the Chamber, the Senator from Alabama had entered a mo­ Resolved That so much of the CONGRESSIONAL RECORD of July 27, 1894,, pa.ge tion to reconsider and recall it, and that that motion had been ~ -9"~1 , as is i'n the following language be, and the same is h ereby, expunged, to acted upon and the resolution recalled. I do not know that I Wt~kr. PUGH. With the ermissio'n of the Senator from ArkanEas, ~wish to should find any particular fault about that, for, perhaps, I should enter a motion to reconsider. Yesterday morning during the morru.ng hour have read the RECORD the next morning; but, Mr. President, when a. resolution coming over from the day b efore, introduced by the junior Sen­ ator from Nebraska [Mr. ALLEN], cafling for certain information from the the morning hour had expired, when business of this kind could Attorney-General was passed by the Senate nem.. con. I desire to enter a mo­ not properly be laid before the Senate, and when the Senate re­ tion to reconsider the vote by which that resolution was agreed to. sumed the discussion of the tariff bill then before it, I think I "The PRESIDENT pro t empore. The motion of th_e Senator. frol!'l Alal?ama will be entered. Does the Senator from Alabama rnclude With his motiOn a had a right to rely upon the rules of the Senate being carried out, request for a return of the resolution from the Department of Justice? and I had a right to rely upon the fact that neither the Senator "Mr. PuGH. I make that request, sir. . . . from Alabama nor any other Senator would call up a motion of " The PRESIDENT pro tempore. It is so ordered, if there be no ObJeCtiOn. this kind and cause the recall of the resolution without notice It is so ordered." And the re!!olution therein referred to is hereby directed to be forwarded at least given to me or to the Senate of his purpose to do so. to the Attorney-General for his consideration. I think, Mr. President, the truth is that the Senator from Ala­ Mr. ALLEN. 1\-ir. President, on the 25th of July last I intro­ bama act€d upon the suggestion of some other Senator. I have duced a resolution, which is found on page 7846 of the CoNGRES­ been informed that the Attorney-General sent a request to some "SIONAL RECORD of that date, in the following language: Senator in thi<;.Chamber to have the resolution recalled, and pos­ Resolved, That the Attorney-General be, and he is hereby, directed to trans­ sibly the Senator from Alabama acted upon the suggestion of that mit to the Senate full copies of all telegraphic and other correspondence Senator in entering the motion. which may have passed between him or his office and any of the officers, However that may be, it occurs to me that the resolution is an agents, or attorneys of the Chicago, Rock Island and Pacific Railway Com­ pany, the Illinois Central Railway~ Company, the Chicago, Milwaukee and important one. The colmtr~ ha.s a right to know the official cor­ St. Paul Railway Company, the Chicago and Northwestern Railway Com­ respondence carried on between the Attorney-General's Office and pany, and any and all other railway~ent.erinf; into Chicago that were in any the officers and agent-s of the railroad companies engaged in the manner engaged in or affected by the recentrndustrial troublesin the city of Chica"'O, ill., as well as all telegr~phic and other correspondence with the industrial disttll'bance in Chicago last summer. What c!].n there · Unite'a States district attorney at the city of Chicago, and any and all ~ecial be about this transaction that the Attorney-General shoUld send attorneys retained or taking any part in the litigation arising out of said a private letter to some Senator here to cause that resolution to be troubles, between the 1st day of June, 1894,, and the present date. rescinded and recalled? · When that resolution was introduced its immediate considera­ It is important for another purpose. It is important that the tion was objected to by the Senator from Connecticut [Mr. PLATT], true official history of that transaction in Chicago should be and under the objection it passed over until the next day. - On the known not only to the Senate, but known to the country; so that 26th of July, according to the CONGRESSIONAL RECORD, page 7879, proper legislation may be framed and adopted by Congress to pre­ the resolution was laid before the-Senate and was adopted with­ vent the recurrence of affairs such as the strike of la.st summer. out objection and without debate. On the 27th of July the REc­ Mr. HARRIS (Mr. TURPIE in the chair). I should be glad if ORD shows that, the morning hour. having expired-the morning the Senator would allow me to call his attention to what I con­ hour expiring at that time at 1 o'clock-several matters of general ceive to be a misapprehension upon his part. business had been taken up and considered by the Senate, a yea­ Mr. ALLEN. Certainly. and-nay vote had been taken upon a measure then pending befo1·e Mr. HARRIS. The Senator refers to the irregularity of this the Senate, and the President pro tempore laid before the Senate proceeding, at whatever date it occurred. I beg to assure the... the tariff bill, then under discussion, fdl: its consideration. Within Senator that the precise thing which was done was in strict ac­ a few minutes after that time, and irregularly, as I contend, the cordance with the rules of the Senate and with the parliamentary· Senator from Alabama [Mr. PuGH] made this motion. I refer to law controlling such action. pa~e 7921 of the RECORD of July 27, 1894: As I happened to be the Presiding Officer at the time, I feel it Mr. PUGH. With the permission of the Senator from Arkansas- is proper that I call the Senator's attention to- the fact that it is The Senator from Arkansas [Mr. JONES] at that time having the duty of the Chair to recognize any Senator who rises within the floor- two da.ys after the passage of any measure and makes a motion to ! wish to enter a motion to reconside1~ Yesterday mornin~ during the morn­ reconsider, a.nd, being recognized, he has a right to enter his mo­ ing hour a resolution coming over from the day before, rntroduced by the tion, and in a case like this, where a resolution or bill has left the junior Senator from Nebraska [Mr. ALLEN], calling for certain information from the Attorney-General, was passed by the Se-nate nem. con. I desire to Senate and gone to the other House, or gone to any one of the De­ enter a motion to reconsider the vote by which that resolution was agreed to. partments, it iS always proper to connect with the motion tore­ - '.rhe PRESIDE~T pro tempore. The motion of the Senator from Alabama consider a request that the thing proposed to be reconsidered be will be entered. Does the Senator from Alabama include with his motion a request for the return of the resolution from the Department of Justice? returned to the Senate. All that I desire to say is that the pro- Mr. PUGH. I mako that request, sir. . ceeding was absolutely regular. · . • The PRES £DENT pro tempore. It is so ordered, if there be no objection. It I know nothing of the merits of the controversy between the is so ordered. , · , Senator who offered the resolution and the Senator who moved to It appears that the resolution had be~n sent, upon its passage, to reconsid~r, and take no interest whatever in that; but as to the the Attorney-General for his action, and so·soon as this motion of regularity of the proceeding, it was absoluwly regular.- · the Senator from Alabama wa.s entered a request was sent to the Mr. PUGH. Will the Senator from Nebraska permit me? Attorney-General, evidently, from his letter which is now in my . Mr. ALLEN. Certaiilly~ possession, to return the resolution. It was returned on the same Mr. PUGH. I desire to say that so far as I a:m.informed there "d{Ly on which the Senator from Alabama entered his motion~ I is no controversy whatever between the Sen'lb:!.· from ·Nebraska 154 CONGRESSIONAL RECORD-SENATE. DECEMBER 10,

and myself in relation to this matter. He ha-s introduced a reso- resolution that the Senator from .1\...labama should have entered lution to expunge a motion which I made within time and in the ·his motion during the morning hour. Especially was it due to pr9per manner, to reconsider the vote by which his resolution was me that the Senator should not have insisted upon the adoption passed. That motion to reconsider could not be entertained in the of the motion in my absence, when it could have been called up ' absence of the re.._

way. If there are such circumstances I should like to have the fi:om Nebraska desires to bring to pass. The1·efore, I suggest to distinguished chairman of the Judiciary Committee tell us now in h1m whether the Senator from Alabama is not tight in his sug­ what respect such communications could be used. They would be gestion that the resolution should be withdrawn and the motion clearly hearsay; they would be clearrly incompetent and irrelevant to reconsider a-ct-ed upon. · to any prosecution that might be set on foot. But granting, for l':vfr. PUGH. That would bring up the question on its merits. argument 's s.."llke, that they might be material, does the chairman Mt·. HARRIS. I should like to suggest to my friend, the Sena- of the Judiciary Committee assel't as a proposition of law that the tor from Massachusetts, that in addition to the suggestion he has Government, like a thief in the night, has a right to withhold any made, which is certainly absolutely accurate and true, if the Sen­ fact essential t o the defense as well as to the prosecution of a case ate expunges from the RECORD what was said and done at that under the statu tes of the United States? particular time, the RECORD will fail to reflect a strictly orderly The truth is that the position of the Senator from Alabama is and parliamentary proceeding and will no longer be a truthful rae­ untenable. The rule is that the defendant has a right to this ord of what occurred he:re on the floor. 1."'nowledge rather than that the Att-orney-General can withhold it Mr. HOAR. I shouldlike to have read the firsttwo lines of the from him. He has a righ t to file a motion for a bill of particulars resolution so that my point can be seen. It is not necessary to setting forth everything essential to be proved by the United read the whole resolution. States and everything that may be essential to the preservation of 1\fr. A.IJLEN. If the Senator from Massa~husetts will indulge hi ~\'~,g~;: President , the chairman of the Judiciary Committee is me for a moment, I will state that the resolution provides, first, for expunging a poTtion of the CONGRESSIONAL RECORD. It pro­ too good a lawyer to make an assertion of that kind. Why, then, vides for the expunging of the motion of the Senator from Ala­ did the Attorney-General desire to secrete this correspondence? bama [Mr. PuGH] and his remarks in making that motion.' Then W s s it not essential to the country that the people should know it alBo provides that the resolution which was recalled be reissued · the true history of this transaction? Is there anything going on and sent to the Attorney-General for his action. I care nothing in the Attorney-General's Office that the Senate of the Unit~d t th t ti f th 1 ti hi h k f th · States ought not to know? Is any correspondence being held be- a 00 u a por on ° e reso u ._on w c as s or e expungmg tween the Attorney-General and the ·presidents or attorneys of of a part of the RECORD. I am perfectly willing to withdraw that - part of the t·esolution and let the rest of it stand. railroad corporations, with reference to public matters, about Mr. HARRIS. I hope the Senator from Nebraska will allow me which the people of this country and the Senate should not know? to suggest to him that he has a simple !md direct method of reach­ Sir, if the correspondence was legitimate and within the scope . of the power of the Attorney-General, there is no reason why he ·mg his object by asking that the Senate now consider the pending .. ,d f d fr kl d ·t th S f bl' · motion to Teconsider the vote by which his resolution was a!.treed s h ow. not ree1 Y an an Y sen 1 to e enate or pu Ication. to. When he gets action upon that motion, if the Senate refuses If, upon the contrary, the correspondence was surreptitious, if it was unlawful, it is proper that the Senate of the United States to reconsider thevot.e, the resolution goes immediately, and within should have it and that the country should understand it. Here the hour, to the Attorney-General. But just so long as the motion was one of the greatest industcial disturbances this country has to reconsider remains a pending question the resolution can not · d t' h t ·t histo It · 1 d ho ds f leave the table. The simple, direct parliamentary method is to Wltnesse nroug on 1 s ry · mvo ve many t usan ° dispose of the motion to reconsider, and I hope the Senator from men; it involved many of the most important railroad companies Nebra-ska will consent to abandon the resolution which he sub­ of the United States. Certainly the time was ripe and is ripe mitted a few days ago. It is really not an orderly~roceeding, and to-day to legislate to prevent a recurrence of such affairs. Is it ul not important and highly essential that we shall have the true wo d be subject, in my opinion, to a point of or er. But I hope · to I! th · +-. ti f th h' f 1 ffi f h G the Senator will consent, and if he agrees to do so, I will ask now his ry o_~. · lB ~J.·ansac on rom e c Ie aw 0 cer 0 t e ov- that the Senate take up for consideration the motion to reconsider ernment on which to base proposed measures to prevent then; the vote by which his original resolution was passed. recurrence? Why can the Attorney-General object to sending Mr. ALLEN. I consent. the correspondence to the Senate? The Senator from Alabama will not seriously assert that there Mr. PUGH. That was my purpose. is or can be in that correspondence anything which would be com- Mr · HARRIS. Then I ask unanimous consent that the Senate petent in evidence or germane to a prosecution for a violation of proceed at this time to consider the motion of the Senator from the statutes of the United States. Sir, it is a pretense and not a Alabama to reconsider the vote by which the resolution of the re3 lity to say that the con·espondence would uncover something Senator from Nebraska was agreed to. . vital to the _prosecution. In my judgment it is an attempt upon Mr. JONES of Arkansas. The Senator from Nebraska with- the part of the chief ~w officer of the Government to keep the draws the pending resolution? people of the United States ignorant of the position taken by him Mr. HARRIS. The &mator from Nebraska consents to with- during that event and the questionable position occupied by-the draw the pending resolution. Government with reference to that transaction. Mr. PUGH. The question now before the Senate is whether I ask 1.manimous consent for the present consideration of the tlre motion I made on the 27th of July last, to reconsider the vote resolution. I will stiike out that portion of the resolution which by which the original resolution of the Senator from Nebraska proposes to expunge a part of the CoNGRESSIONAL RECORD, if that was passed, sha.Il be adopted by the Senate. That will involve the will be satisfactory to the Senator from Alabama. question whether it is proper information for the Attorney-Gen- Mr. PUGH. If the Senator will-withdraw; his resolution to ex- eral to communicate to the Senate and make public. punge, I have no objection to taking the vote of the Senat-e upon Now, I desire to say again that if the Senate sustains my motion my motion to 1·econsider thevoie by which the original resolution to reconsider I will then move to refer the original resolution af of the Senator from Nebraska was agreed to. That would bring' the Senator from Nebraska to the Judiciary Committee. That is the question squarely before the Senate upon ita merits. the direction which was taken by a similar resolution submitted a Mr.ALLEN. Theresolutionembracesapropositiontoexpunge, few days a~o by the Senator from Kansas [Mr. PEFFER] calling and also a direction to send forward the original resolution. for similar mfOl'mation. ~ran argument by the Senator from The PRESIDING OFFICER (Mr. TURPIE in the chair). The Kansas, wlrichpresented thewholemeritsof the question involved question is on agreeing to the resolution of the Senator from Ne- in the resolution, there was a yea-and-nay vote of the Senate on braska. the propriety of adopting the resolution or referring- it to theJu­ Mr. ALLEN. I will strike out that portion of the resolution diciary Committee, and tha Senat-or from Kansas got 4 votes, and which proposes to expunge a part of the CoNGRESSIONAL RECORD. the reference.to the ~udiciary qommittee received the votes of 43 Mr. PUGH. I ask the Senator to withdraw his resolution and Senators. I mtend, if the motion to reconsider which I made is call up the motion to reconsider, which I am willing to have con- agi:eed to, to follow it up with a. motion to refer the original reso- sidered now and voted on. lutwn of the Sen~toT from Nebraska to the Judiciary Committ-ee, Mr. ALLEN. No, I will let it go. , where the~esol~ti~n of .the Sena~or from Kansas of !1 similar char- Mr. HOAR. I desire to call the attention of the Senator from acter, seeking srmila.r information, has gone by the vote of the Nebraska, before he exercises his discretion as to whether he will Senate. _ accept the suggestion of the Senator from Alabama, to the fact :M:r. ALLEN . . In view of the statement of the senio1· Senator that his resolution as it is framed is a resolution to expunge a part from Tenness~ [Mr. ~RIS] that the motion to reconsider ought of the CoNGRESSIONAL RECORD, a publication made for the con- to be taken up Immediately and considered, I a.m perfectly willing venience of the people, which has been printed and gone abroad. to withdraw the resolution which I inti·oduced. . I can not conceive of any way in which the expunging ·can be The PRESIDENT pro tempore. The resolution is withdrawn. done. But if it can be done in some way known to the Senatol' Will the Senate consent to the request for unanimous consent to or suggested by him it still leaves untouched the Senate Journal, proceed at this time to the consideration of the motion of the Sen­ which is the only record of our proceedings which governs the ator from Alabama [Mr. PuGH] to reconsider the vote by which Senate or any officer of the Government so far as he is affected by the former resolution of the Senator from Nebraska. [Mr. A.LLENl our proceedings. So, if the resolution shall be adopted nothing was agreed to? The Chair hears no objection. The Secretary will whatever seems to have happened of the sort which the Senator read the resolution. . 156 CONGRESSIONAL R:mCOR·D-SENATE. DEOEMBER 10,

The Secretary read as follows: has been engaged in a questionable transaction, if he has loaned IN THE SENATE OF THE UNITED STATES, the cloak of his great office to the furtherance of the interests of July t6, 1894. private..individuals, to the exclusion and to the injury of the public Resolved, That the .Attorney-General be, and he is hereby, directed to trans­ at large, it is due to the Senate of the United States and the conn· mit to the Senate full copies of all telegraphic and other correspondence try that we should understand the fact. which may have passed between him or his office and any of the officers, agents, or attorneys of the Chicago, Rock Island and Pacific Railway Com­ I know how easy it is to whistle a resolution of this kind down pany,jhe illinois Central Railway Company, the Chicago, Milwaukee and St. the wind. I know how easy it is to say, "I move to refer the res­ Paul ~ailway Company, the Chicago and Northwestern Railway Company, olution to the Judiciary Committee." But, Mr. President, I want and any and all other railways entering into Chicago that were many man­ to say that when the resolution is referred to the Committee on ner engag_ed in or affected by the recent industrial troubles in the city of Chicago ill., as well as all telegraphic and other correspondence with the the Judiciary, it will never see the light of day a~ain; that it is United States district attorney at the city of Chicago, and an¥ and all special simply a polite and indirect way of denying the ;:;enate and ths attorneys retained or taking any part in the litigation arismg out of said country this information, and the country will so understand it. troubles, between the 1st day of June, 1894, and the present date. Now I am willing to let the vote be taken.· The PRESIDENT pro tempore. The question is, Will the Senate Mr. PUGH. Mr. President, I regret that the Senator from agree to the motion of the Senator from Alabama to reconsider Nebraska entertains the suspicion that I am aiming to cover up the vote by which the resolution which ha~ just been read was any of the tracks of the Attorney-General in respect to the matter agreed to? - about which he and the country have felt so much interest. I do Mr. ALLEN. ~Ir,·President, before the question is put I de­ ~ot krrow what tracks the Attorney-General has made in reference sire to add merely a word. The Senator from Alabama in the last to that matter so that I could decide whether I desire to uncover remarks he has made has foreshadowed somewhl!t perhaps the them or keep them covered. fate of the resolution. He wa~ particular to call the attention of I regret that the Senator entertains the opinion he does of the the Senate to the fact that a few days ago a resolution similar to Judiciary Committee of the Senate, of which I am chairman. He­ this one was sent to the Judiciary Committee by a vote of 43 to 4, has prejudged the action of that committee, and has taken it for and he informs the Senate that if his motion to reconsider is sus­ granted that there will be no a-ction by that committee on his reso­ tained he will immediately move to refer the resolution to the lution. I undertake to state to him that he is greatly mistaken. Judiciary Committee, to the end, I suppose, that it may sleep the That· great committee ha~ no purpose, and can have none, to sleep that knows no waking with the resolution of my friend, the decline to act upon a resolution which the Senate has referred to Senator from Kansas [Mr. PEFFER]. it for consideration. I can tell him that as soon as it is practica­ Mr. President, I am not particular as to the fate of the resolu­ ble the committee will consider his resolution and the resolution tion. I have nothing personal to gain by its adoption or by its re­ of the Senator from Kansas. jection. I have discharged my duty as I view it when I call the Mr. ALLEN. Will the Senator from Alabama permit me a ques­ attention of the cotmtry to the manner in which the resolution tion? was disposed of last summer. I am not disposed to criticise the Mr. PUGH. Of course. Senator from Alabama unduly. I am firmly of the impression, Mr. ALLEN. What legal proposition is there about the resolu­ however, that the proceeding was inegular, and it would take tion which requires its reference to the Judiciary Committee? more than has been said this morning to convince me that I am What question is involved in it? wrong in this respect. I am firmly of the impression that the pur­ Mr. PUGH. The resolution calls for information in respect to pose was to hasten the resolution back into the Senate in order to matters of great public importance out of which criminal prose­ cover up the tracks of the Attorney-General, so that the people cutions have ~own and are now pending in the courts of the could not know the position he had taken with reference to this United States m Chicago. Efforts were made by the law officer of transaction. · the Government to ascertain 'Yhether in the unfortunate stl·ike, the I am not disposed to unduly criticise the Attorney-General. He great upheavel in that great Western city, there was anything which is the chief law officer of the Government, and according to pre­ required the attention of a grand jury, and for the purpose of pos­ sumption of law knows more than any other lawyer in the country. sessing himself of that information in the proper way he exercised That presumption follows his official position. Itis a presumption his power of communicating with the sources of information that of law, not, perhaps, a presumption of fact. But I can not under­ were open to him and his district attorney to collect facts to ena­ stand why the Attorney-General is so interested in having the res­ ble him to decide whether the criminal laws had been violated by' olution recalled. The people of this country have some rights, any P.ersons connect-ed with the strike. Now, I know nothing about and if this is a government ~f the people, if we are simply the what the Attorney-General has done. I know nothing at all about servants of the public, and the AttorneJ-General is a servant of the evidence uyon which the indictments that have been returned the public, I should like to know why he refuses to send a com­ as true bills were found by the grand jury. plete answer or why he enlists the services of my distinguished Mr. ALLEN. I hope my friend will not consider it an intrusion friend, the Senator from Alabama, in preventing a full and f;ree if I interrupt him for a moment. answer to tharesolution. • Mr. PUGH. Oh, no. It will not do for the Senator from Alabama to say that it is Mr. ALLEN. Certainly the Senator from Alabama does not competent or proper for the Attorney-General to introduce this pretend that there are any circumstances under which this corre­ con-espondence in evidence in some prosecution, either pending or spondence would be competent in tM prosecution there. to be begun. Mr. President, you understand, and so does the Sen­ Mr. PUGH. I can understand that that correspondence would ator from Alabama understand, that the correspondence is not not be legal evidence, but it might put the Government to great competent under any ch·cnmstances. The Senator from Alabama, disadvantage and afford a great advantage to the defendants in with his imagination, can not conceive of any circumstances keeping on the tracks of the Attorney-General that he made in · under which the correspondence would be competent in a prose­ discovering the guilt of the defendants. While it would not be clition, either civil or criminal, to say nothing about the rule legal evidence to introduce, it would certainly be very valuable to which prevails in this country, without a solitary exception, that them and their lawyers in preparing to meet the case of the Gov­ the men who are prosecuted, if they are to be prosecttted (and if ernment. If, as a coordinate lawmaking body, we are !"Oing to there are any violators of law there, I hope they will be prose­ interfere with the courts and the prosecuting officers of the Gov­ cuted), have the undoubted right to know everything in the pos­ ernment in ascertaining from them what evidence they have found, session of the Government that bears against them in that prose- what evidence they have introduced, how they obtained it, and cution. . what use they make of it-if .we are going to undertake to make that Certainly the Attorney-General is too good a lawyer to take the inquiry and compel the disclosure of this sort of information, the position announced by the Senator from Alabama. If he takes Senate of the United States is departing very much from its law­ that position it is simply because he desires to resort to so~e sub­ making powers and purposes. The proposition is to transfer the terfuge and to secrete from the country and the Senate his real matters from the Federal courts, that are now exercising criminal reasons. Can it be possible that theAttorney-Generalof the United jurisdiction in respect to them; to the Senate of the United States States is an extensive stockholder and officer in one or more of for trial and for ventilation by the Senator from Nebraska and the corporations involved in this industrial trouble? Can it be others. that Richard Olney, as Attorney-General, comes in conflict with the I can understand that while much that the Attorney-General interest of Richard Olney, a citizen of the United States, and there­ did and said and ascertained in the exercise of his duties as an fore the interest of the public mnst suffer while the interest of the Attorney-General in discovering the guilt of these parties, if they private individual is preserved? Is that possible, Mr. President? are guilty, would not be legal evidence, it would be very detri­ • Otherwise, why not bring in the correspondence here? Why not mental to the Government to uncover it and give the defendants lay it before the Senate if it is a lawful correspondence, so that the and their lawyers a great advantage in resisting the prosecution. Senate and the country may know the truth with reference to this Now, I haye no feeling in regard to this matter; I have not transaction, and so that we can frame and introduce and pass wise studied the_question of the guilt or innocence of these parties; and judicious legislation to prevent the recurrence of an affair of but I know that the proposition of the Senator from Nebraska, this kind again? . that the defendants have a right to the case of the Government, Sir, if it is unlawful, if it is wrongful, if the Attorney-General .to the facts upon which the prosecution is founded, before theJ 1894. CONGRESSIONAL RECORD-SENATE.

get it in a legal way in the trial in the courts-the proposition that a criminal offense may have full and eomplete information not the Senate of the United States, a lawmaking branch of the QQv­ only of the allegations of the indictment itself, but a bill of par­ ernment, can compel the prosecuting officers of the Government ticulars and a return of the evide,nce taken before the grand jury to furnish the defendants with and make public all the facts of which is to be introduced against him upon the trial before a trav­ the case upon which the prosecution is founded-is a little piece erse jury. . of law that! never have found in any book that had any respecta­ Yet, Mr. President, in view of these facts the Senator from Ala­ bility as an authority. bama says my position is untenable; and when the resolution goes Mr. ALLEN. I wish to interrupt the Senator from Alabama to the Judiciary Committee there will perhaps be found a number right there. , of laners there like my friend from Alabama, who will conclude The PRESIDENT pro tempore. Does the Senator from Ala­ that the Senate has nothing whatever to do with this transaction. bama yield to the Sefiator from Nebraska? I said a moment ago, and I repeat, that I have nothing to gain Mr. PUGH. Certainly. by the adoption or rejection of the resolution. My idea is, how­ Mr. ALLEN. I made no proposition of that kind, nor did I use ever (and I may be at fault in that respect), that the Senate of any language from which a deduction of that kind can be made. the United States has a right to know, and to know now, what 1\fr. PUGH. I am glad if the Senator is correct. evidence the AttOiney-:General or his assistant intend to introduce Mr. ALLEN. What I asked (and I should like to have the against persons charged with crime and what correspondence took ' judgment of the Senator upon the question) is whether the Gov­ place between the Attorney-General's Office and his chief officer - ernment has a right to secrete from a person who is put upon in the city of Chicago and especiaUy the Qfficers and agents and trial for his life or liberty any material fact that it expects to attorneys of the railroad companies whose men were engaged in introduce against him upon the trial of the case. ' that strike, to the end that the country may be informed and we Mr. PUGH. I say it has, and I think every lawyer in the Senate may formulate and pass intelligent legislation to prevent the re- would sustain me, except the Senator from Nebraska. The idea curren ce of an affair of that kind. • that in a criminal prosecution the defendant has the right to call Certainly there was nothing in the correspondence with the At­ on the Government that prosecutes him for a violation of criminal torney-General that bore upon the issuance of injunctions by law and demand before the case is ready for trial that the Govern­ Grosscup and Woods in the city of Chicago that could be used in ment shall uncover its case and furnish him with the e·videnoe upon a cri.J.ninal prosecution or that would develop any fact the law which the prosecution~ based is exactly the proposition that I officer sought to introduce in evidence in support of an indict­ stated, which the Senator denied he had advanced. I do not think ment for a violation of the law. For instance, a special attorney, there is any lawyer who can say that the evidence should be made Mr. Walker, was employed. Why not have that correspondence? public that goes before a grand jury which is sworn to secrecy, Why was that gentleman employed in connection with this mat­ when the grand jury is not permitted to make public their knowl­ ter? What was the Attorney-General doing when he was advis­ edge in reference to the prosecution. Here the Senate is asked to ing the issuance of injunctions that are in clear violation of pri­ ovenide the injunction upon the grand jury that they take an mary equity jurisdiction? Whynothavethe correspondence that oath to observe and compel the Attorney-General to uncover the passed between the Att<>rney-General's Office and the attorneys of evidence which: went to that grand jury, about which it is sworn those roads with reference to the anomalous injunctions which to secrecy and sworn not to make public. are flying in the air these days like blackbirds. Sir, such a proposition is unreasonable, and I am satisfied that Certainly there is nothing in that correspondence which would the Senator from Nebraska, upon reflection or upon suggestion ~e germane t~ a prosecution, or would aid or retard a -prosecu­ even, will see that he is going too far in reference to this matter. tion. Why not give us that information with other like informa­ Any how, I promise him that the resolution shall receive the con­ tion ~ssentiaJ to shed light upon t~is _gr~at transaction? No, Mr. sideration of the Judiciary Committee, and if we decide that any President~ the country must remam m Ignorance of the true his­ information can be properly communicated from the law depart­ tory of the transaction until it is forgotten. It is like filtering ment of the Government that is now pending in the courts of the water; it will filter out and flow by slow degrees, and to the dam­ country that committee will so report. And if the committee age of no man in public office. If the correspondence was lawful should make an adverse report that is not conclusive upon the and proper there is no reason why it should not be laid before the Senator, he can argue the case over again to the Senate of the country and before the Senate, and no facetious remarks from the United States and get their vote upon ag1·eeing to the report of Seru;ttor from fli!l'bama or any otper Senator will prevent my · the Judiciary Committee. The whole field will be open to him, statin~ so. I! It lS u~awful the S~nate of the United States ought and there can not be any failure on his part to say all that it is to deSll·e the mformatipn as speedily as possible and the country lawful for the Senate and its committees and the law officers to do at large ought to know it, in order that steps may be taken to pre­ in-¥espect to these matters. vent an affair so disgraceful in the future. Mr. ALLEN. Mr. President, before the resolution is voted on 1J.te PRESIDENT pro tempore. Will the Senate agree to the I desire to offer a word or two in reply to the Senator from Ala­ mottlOn of the Senator from Alabama [Mr. PUGH] to reconsider bama. I am more thoroughly convinced now than I was awhile the vote by which the resolution of the Senator from Neb1~aska ago that if the resolution goes to the Judiciary Committee it will was passed? probably remain there for some time. The very placid and amia­ Mr. PALMER. Mr. Presideut, as Chicagois apart of the State ble manner of the Senator from Alabama satisfies me of that fact, of Illinois, and as many of the actors in the scenes to which allu­ and especially the position he has taken with reference to the sion has been made are citizens of that State, I may be pardoned powers of the Attorney-General. for expressing some interest in this discussion and in the direction I did not say that the Senate had a right to uncover anything which shaH be given to the resolution. It is to the interest of the that was germane to the prosecution under an indictment. I did people of the whole United States that the laws shall be impar­ not say anything from which a deduction of that kind could be tially enforced. All the questions involved are now under the made. I did say, and I repeat (and if I am the only Senator and control of courts of justice, either of the United States in the lawyer in the Senate who says so, it is a matter of indiffer~nce to State of Illinois or before the State courts. Whatever judicial me), that the Government has no right to secrete from any man questions may be involved in the injunction to which the Senator who is put upon trial for his life or his liberty any fact germane alludes will in due time be determined by appropriate judicial tri­ to his defense or germane to the prosecution. bunals. Whatever may be the facts in respect to the conduct of I am, indeed, very loath to differ from as distinguished a lawyer the parties who have been indicted will be determined judicially. as my friend from Alabama. I do not do it flippantly or because What I am interested in is that they shall have a fair trial· that I desire to differ from him; but I differ from him because my read­ is,.tha~ t~e case sh~ll b~ fairly tried. It must be admitted (I ing of the law book~ out .in my little Western home has convinced thmk 1t will be admitted m a moment by any Senat<>r who will me that for the last three centuries at least of the common law think of it) that any report which may be made by the Attorney­ there never has been a ~e when a person put upon his defense, General or if all of the facts of the case should be presented by charged with a Clime, could not compel by proper motion a bill of the Attorney-General it would have some influence-- . particulars of .the offense with which he is charged and the evi­ The PRESIDENT pro tempore. The Senator fTom lllinois will dence upon which it is to be supported. That has been the com­ please suspend. The hour of 2 o'clock having arrived, the Calen­ mon law for more years a great deal than the Senator from Ala- dar under Rule IX is in order. ... bama has existed, to say nothing about the modification in the line MARITIME C.Al.~AL COMPANY OF NICARAGUA. I have indicated by statutes in the different States. In a great Mr. MORGAN. I move that the Senate proceed to the consid­ many States of the Union a grand jury which indicts is required eration of the bill (S. 1481) to amend the act entitled "An act to to preserve written minutes of the evidence adduced before them incorporate the Maritime Canal Company of Nicaragua," approved and to return those minutes with the indictment, and the minutes February 20, 1889. are to be filed with the clerk of the court mwhich the indictment The motion was ag1·eed to; and the Senate, as in Committee of is to be filed and in which the prosecution takes place. the Whole, proceeded to consider the bill. • Now, what is the policy of a statute of that kind? The policy of The PRESIDENT pro tempore. Does the Senator from Ala­ such a statute is in keeping and in line with the common law. It bama desire to have the bill read at length at this time? simply supplements it, so that the man who is put upon tria}. for Mr. MORGAN. Yes, sir; I desire to have it read. # CONGRESSIONAL RECORD-SENATE. D ECEMBER 10,

The Secretary read the substitute reported by Mr. MoRGAN, amendment reported by the Committee on Foreign Relations, from the Committee on Foreign Relations, .A.pri1 14, 1894. which has just been read. Mr. MORGAN. Without asking that it be read at the desk, I :r'he PRESIDING OFFICER (Mr. PROCTOR in the chair). It desire to insert as part of my rema~rks House bill7639, and I will Will be so ordered, in the absence of objecticm. ask to have it printed in the RECORD in parallel columns with the The bills refeiTed to are as follows: FIFTY-THIRD CONGRESS, SECOND SES­ FIFTY-THIRD CONGRESS, SECOND SES­ descriptions, real, personal, and said governments, and eight to be ap­ SION. SION. mixed; of all franchises and rights of pointed bythePresidentofthe United (S.1181.-Report No. lm.) (H. R. 7639.-Report No. 1201.) the said co~p:my, including its rights States, by and with the advice and and franchise to be a corporation. consent of the Senate, and removable IN THE SENATE OF THE UNITED IN THE HOUSE OF REPRESENTATIVES. S"!lany of Nica­ Maritime Canal Company of Nica­ cate by the officers of said company. or anything connected with the con­ ragua," approved February 20, 1889. ragua," approved February 20, 18SV. And such mortgage shall be recorded struction, equipment, or operation of Be it enacted, etc. , That the capital in tho office of the Secretary of the said canal, and not more than four of stock of the Maritime Canal Company s~~t~tt~;dJ£:~t~~\;=F81,~ Treasuey in Washington, and in the said directors shall be appointed from of Nicaragua shall consist of 1,000,000 pany of Nicaragua shall consist of propel:. offices in Nicaragua and Costa. one political party. - shares of $100 each, and no more. 800,000 shares of $100 each, and shall be Rica to be designated by the said SEc. 5. At their first meeting the SEC. 2. That the words •• the Nica­ nonassessable, and no more than this i)tates. directors appointed by the President r agua. Canal," whenever used in this number of shares shall be issued ex- SEc. 5. That the said mortgage of the ~nited States shall proceed to a ct, or the act to which this is a.n bonds shall be prepared, en_graved, divide themselves by lot mto three amendment, shall be held to include ce~~~-t~h~n£1{~\~~r~It.~~ssNiC-'1- and printed at the Bureau of Engrav­ classes, one ot which shall consist of all r eal and v.ersonal property and ragua Canal," whene>er used in this ing and Printing in the city of Wash­ two directors, who sha,ll hold office"for franchises, railroads, piers, channels, act, or the act to which this is an ington at the expense of said Mari­ two years; one ofthre~ directors, who da.ms, locks, embankm:ents, and other amendment, shall be held to include time Canal Company of Nicaragua., shall hold office for four years, and works necessary for or incidental to all real and personal property and and, after being duly executed "by the one of three directors, who shall hold t he constr uction, equipmen t, main­ franchises, railroads, piers, channels, officers of said company, shall be de­ office for six years, and until their tenance, and operation of the said dams, locks, embankments, and other posited in th~ Treasury of the United successors are appointed and q1tali­ interoceanic canal, made or that may works necessary for or incidental to St.'t tes a.t Washington, and shall be is­ fied, and their successors, respect­ be made by the Maritime Canal Com­ the construction. e9.uipment, main­ sued by the Secretary of the Treas­ ively, shall hold office for six years. pany of Nicaragua, or under its au­ tenance, and operation of the said ury from time to time to the said The director named by the holders of thority, by virtue of the said acts and interoceanic canal made or that-may Maritime Canal Company of Nicara­ stock, other than tlw.t held bv the the concessions granted or to be be made by the l'l1aritime Canal Com­ gua only a.s the work on the Nicara­ United States and the States of Nic­ granted by Nicaragua and Costa Rica. pany of Nicaragua, or under its au­ gua Canal progresses, as hereinafter aragua and Costa Rica. shall hold SEC. 3. That in consideration of the thority, by virtue o! the said acts and · provided. - ofilce for six years and until his suc­ provisions of this act, and before any the concessions granted or to be Before the issue of said bonds by the cessor is appointed and qualified. Six bonds are issued under the provisions granted by Nicaragua and Costa Rica, Secretary -of the Treasury he shall of the eleven directors, of whom five at thereof all the stock of the Maritime and shall include the exclusive right cause to be engraved and printed and least must be directors appointed by Canal Company of Nicaragua. hereto­ to navigate by steam the San Juan duly executed on each of said bonds the President of the United States, fore subscribed for or issued, except River and Lake Nicaragua granted to the guar:mty of the United States, in shall constitute a quorum for the as in this act provided, shall be calleQ. Senor F . A. Pellas by the Republic of accordance with such regulations as transaction of business. The board of in, canceled, and restored to the treas­ Nicaragua March 16,1877. may be prescribed by the President directors shall elect a president and ury of the company, so that none shall SEc.~ - That if the Maritime Canal of the United States, in the words and vice-prest_dent from their number, remain outstanding; all bonds issued Company of Nicaragua shall, within figures followin , to wit: and also a secretary and ar:.sistant sec­ by said company and obligations to nin.e months from the passage of this "The United States of America. retary and treasurer. hut neither the deliver bonds shall be redeemed and act, show-to the satisfaction of the guarantees to the lawful holder of secretary nor the assistant secl:'etary canceled; all outstanding liabilitie§ of Secretary of the Treasury that all the this bond the payment by the Mari­ nor the treasurer shall be a director. said company shall be satisfied, and stock of the Maritime Canal Company time Canal Company of Nicaragua. of The treasurer of snid Maritime Canal 'all contracts and agreements hereto­ of Nicaragua heretofore subscribed the principal of said bonds and the Company shall give bond to said com- fore made, not c6nsistent with the for or issued, except that heretofore interest accruing thereon, and as it provisions of this act, shall be can­ issued to the States of Nicaragua and accrues." ~b~r~~r =t~rs~Y be fixed by celed, to the satisfaction of the Sec­ Costa Rica, has been called in, re­ And no bonds shall be issued by the SEO. G. The com~nsation of the di­ retary of the Treasury, it being the turned to, and canceled by the treas­ said company except as p1·ovided for rectors shall be $5,000 per year, ex­ urer of the company so that none intent and object of this act.to secure in this act. . cept the president1 who shail receive the construction of the Nicaragua. shall remain outstanding,pnd that all And the Secretary of the Treasury $6,000 per ¥~ar . Tne actual traveling bonds issued by said company and ob­ expenses mcurred by said directors ~ftk~ fr~~~~o£:f::l~~~~~: ligations to deliver bonds have been rh:e~~~~~t~~r~~ ~~~~lt~ in the service of .the company shall be general supervision of the Secretary redeemed and canceled, and allliabil­ comes due is not j>aid into the Treas­ paid on approval of the same by the of the Treasury, to the extent herein ities of the said company have been ury of the United States by the Mari­ president of the board. The direct­ provided, unon the basis of the con­ satisfied, and all contracts and agree­ time Canal Company of Nicaragua., to ors shall fix the salaries and compen­ cessions of Nicaragua and Costa Rica ments heretofore made, includirig all :pay the same, and the sum required sation of a.ll their employees, a~nts, now owned by said canal company, as contracts with the Nicaragua. Canal for that purpose is hereby appro­ and managers, includirig engmeers far as practicable, at its actual cost. Construction Company, have been priated, out of any money in the not detailed for duty by the Secretary SEc. 4. That to secure the means to canceled, the Secretary of the Treas­ Treasury not othel"Wise a Pl?rOJlriated. of War. construct and complete said canal, ury shall, in behalf of the United And all payments of prinmpal of said Every director appointed by the and to meet the expenditures made States, subscribe for 700,000 shares of bonds, or the interest thereon, shall President of the United States shall on account thereof,_~he said Maritime the capital stock of said company, be made through the Treasury of the visit the canal and make a p ersonal Canitl Company of .N icara.,o-ua is here­ and said company shall thereupon is­ United States. ' examination of the works at least by authorized to issue either coupon sue to the said Secretary of the Treas­ The Maritime Canal Company of once each year. And they shall on or registered bonds, or both\ of the ury of the United States 700,000 shares Nicaragua shall ~y the interest on or before the 15th day of November said company, in denominatiOns of of the capital stock of said compana of each year make and send to the not less than $50 nor more than $1,000, ~~e!f;I:~trt~e~= g~~ef:toPt~~ President of the United States a full to an amount not exceeding $70,000,000, ~~~intE!o~~~:~ tgr brh~e¥f~i:d Treasury of the United States, and and complete re:port in writing of all to be dated on the 1st day of January, States, which st-ock shall be issued in 189-1, to be payable on the 1st day of 1 0 !~:Co{~1iefJ o~h~=e'1. ~~al~ ~t:~1!~1? a~fN!t~b~e s~t-rm~li July, 1924, but redeemable at the ~~~d ~i!~~s ~l~tfl~Yo~Y~~ selling the liability of said company of the progress and condition of the pleasure of the United_States at any companyt hereinafter provided for, as the principal obligor in said bonds. work, together with their recom­ time after the 1st day of July, 1904:, and shall oe regarded as fully paid and Upon the failure of said company to mendations. A copy of said report wit h interest at the rate of 3 per cent nonassessable. In addition thereto pay the interest a.s it becomes due on shall be laid before Con:vess by the per annum, payable quarterly on the 10,000 shares of nonassessable ca_pital said bonds, and upon the payment of President with his annuru mess..erl of tho bonds to said company be designated by the stockholders of with and shall pay to the United inbefore provided for, the Secretary by tne Secretary of the Treasury said Maritime Canal Company, whose Statestheamountspaid by the United of the Treasury of the United States from time to time as in this act pro­ stock has been surrendered and can­ Statesonsuchguaranty, with interest shall cause an account to bo sta.ted vided: Provided, Thatpriortothe1st celed as hereinbefore required. terest annually at~ per cent. until with the Maritime Canal Company of day of July ,1897, no bonds so indorsed SEc. 4. Upon the issuance and deliv­ paid. Nicaragua, which shall includo all sh~ ll be issued from the Treasury in ery of J;he stock hereinbefore pro­ SEC. 6. That for all sums that the necessary and proper expenditures excess of $30,000,000, and on or before vided for, the places of the directors of United States may pay upon the prin­ made by said company since the 3d said date the President of the United ' the :Maritime Canal Company of Nic­ cipal or interest·of said bonds under day of June, 1889, in and about the aragua, except such as represent the their said guara.n.ty~ the United States construction of said canal or incident ~;:Sof~dt ~lo;~d ~~n~~ll States of Nicaragua and Costa Rica, shall be subroga.rea. to all the rights thereto, including all r::illro.'l.d and Congress, being informed by him of shall become vacant. The board of and liens under the said mortgage telegraph lines built by said com­ • the reasons for such suspemuon, shall directors of the Maritime Canal Com­ which the holders of said bond.s or pany. For the reimbursement of said otherwise dh·ect. pany of Nicaragua shall consist of any of them would have had in re­ expenditru·es, so ascertained and by And said bonds shall be secured by eleven directors, one to be appointed spect thereof if the same had remained him approved, there shall be issued a first mort.,ooag& on its property and by Costa Rica, on e by N icaragua, and unpaid by the Maritime Canal Com­ and delivered to the agents selected rights of property now existing or one by the stockhold e-rs of the Mari­ pany of Nicaragua, and had not been by: the stockholders heretofore pro­ heresfter acquired of all kinds and time Canal Com-pany ot her t han the paid by the United States under their VIded for, capital stock of said .-;om- / '- 1894. CONGRESSIONAL"RECORD-SENATE. 159

guaranty; but until the expiration of pa.ny in .an amount equal at par value Treasury shall, upon the application anties to the lawful holder of this five years after the said canal shall be to the sum of such expenditures so of the board of directors, deliver to the bQnd the payment by the Maritime :put m operation, and so long as, dur­ ascertained, which sum shall not in said Maritime Canal Company bonds Canal Company: of Nicaragua of the mg said five years, the canal shall be any event exceed $-1,500,000. Said of said company, guaranteed as afore­ prineipal of said bond and the inter­ 'in operation and remain under the stock so issued shall be nona.ssessahle, said, amounting at the par value est thereon as it accrues., And the control of of the Maritime Canal Com­ and the acceptance of the same shall thereof to the sum of ~2,000,000, said Secretary of the Treasury is hereby pany of Nicaragua, this subrogated be full satisfaction of all claims bonds to bear interest from the date authorized and directed, if the inter­ lien and right of the United States as against the United States or the of th"S delivery; and the proceeds of est on said bonds as it becomes due aforesaid Shall not be enforced by Maritime Canal Company of Nicara­ said bonds, when sold by orde1· of is not _paid into the Treasury of the foreclosure or sale: Pr(Jvided, That in gua. the company, shall be used as a work­ United States by the :M:aritlln.e Canal case default shall be made by the said SEC. 8. The United States hereby ing capital, and shall be applied exclu­ Company of N1earagna, to pay the company at any time before the said reserves the right to purchase the sively to the construction of said same, and the sum required for that canal shall be pnt into operation in the stock issued as hereinbefore provided canal and shall be accounted for by purpose is hereby appropriated out par,ment of interest as it becomes due, for1 other than that issued to the said company in the final settlement of any money in the Treasury not or if default shall bemadeinanyother Uruted States and the States of Nica­ of its accounts for construction and otherwise appropriat-ed. And all respect~ the right of foreclosure and ragua and Costa Rica, at any time, at deducted from the total amount of payments of principal of said bond&. sale unaer saidmortgag~shallatonce such sum as may be agreed upon by bonds which it may become entitled or the interest thereon, shall be made attach in favor of the United States, the Secretary of the Treasury and to receive under the provisions of through the Treasury of the United without the necessity of judicial pro­ the said stOckholders, which sum this act. States. ceedin~s, and may be executed upon shall in no event exceed the par value SEC. ll 'l'hat the Secretary of th~ SEC. 11. The Maritime Canal Com­ the wl'ltten order of the President of of said stock, together with 3 per cent 'l'reasury shall cause an account to be pany of Nicaragua shall pay into the the United St:n;es, given to the Attor­ per annum thereon from the date of stated with the Maritime Canal Com­ Treasury of the United States the in­ ney-General. 1ts issue to the opening of the Nica­ pany of Nicaragua, as soon as J?racti­ tereston the guaranteed bondsherein SEC. 7. That after the pa~e of this ragua Canal to commerce. No divi­ cable after the pa.."Sage of this act provided for as it becomes due, and 1Wt, and before any bonds indorsed dend upon said stock shall e>er be which shall include all necessary and the guaranty of the United States under its provisions are issued, and made by said directors except from proper e::q>enditures made by sa-id shall not be held or construed as less­ .after the surrender and return to the the net earnings of said corporation. company smce the 3d d.."ty of June ening the liability of said company as treasury of the company of a.ll stock SEC. 9. That to secure the means to 1889, in and abont the construction of the principal 'mlligor in said bonds. that may have been issued, and after the said canal, or incident thereto, in­ Upon the failure of said company to the surrender and cancellation of all ~dstt~~e:f~ co~Atr~e~~:n~~ cluding the railroad and telegraph pay the interest as it becomes due on bonds, bond scrip, and obligations to account there~the said Maritime lines built by said company. For the said bonds, and upon the payment of issue bonds, the satisfaction of all lia­ Canal Company of Nicaragua i'3 here­ liquidation of the amount of such ex· such interest by the Uruted States bilities of said company and the can­ by authorized to issue coupon or reg­ penditures so ascertained, and by him the said company shall be charged cellation and extiriguishment of all istered bonds, or both, of the sa1d a J?proved, he sh.all deliver to said Mar­ with and shall pay to the United contracts and a~eements of said com­ comp~y, in denominations of not less itime Canal Company the bonds of said Statestheamountspaid by the Unit~ pany with inaividuals or corpora­ than $50 nor more than $1,000, to an company in an equal amount, but not States on such guaranty, with inte-r- tions, except the concessions · from amo~t not exceeding Si"O,OOO,OOO, to be to exceed $4,500,00J, with the guaranty Nicaragua and Costa Rica, but includ­ -dated on the 1st day of July, 1895, to of the United States thereon, as pro­ es~~~./~: 1~~c;~n;~~~~e ~ it.;; contract or agreement with the be payable on the 1st day of July, 199....5, vided in section 5 of this act. Uuited States may pay upon the prin­ Nicaragua Canal Construction Com­ but redeemable at the pleasure of the SEc. 12. That the President of th"6 cipal or interest of said bonds under pany for the construction of the said United States at any time after the United States is hereby authoriz.ed their said guaranty the Unit~ States canal, as is provided for in this act, 1st day of July, 1905twith intereRt at and directed to cause careful and de­ shall be subrogated to all rights and and after the acceptance of the pro­ the rate of 3 per cent per annum, pay­ tailed estimates and statements to be liens under the said mortgage which visions of this act by a resolution of able quarterly on the 1st days of Oc­ made, from time to time, by duly ap­ the holders of said bonds or any of the stockholders of said company at tober, January, April, and July of pointed inspectors of his own selec­ a meeting duly called and held for this each year, from the delivery of the tion, but not less often than quarterly ~~fff~ !::h~e:a~:s/~~ purpose, a distribution and disposi­ bonds to said company by the Secre­ each year, of the actual cost of all the paid by the Maritime Canal Company tion of the capital stock of the said tary of the Treasury from time to work done, and of the plant, material, of N icara.gua and had not been paid Maritime Canal Company of Nicara­ time as by this act required: ProtJided, and services supplied on said canal, by the United States under their gua shall be made by the officers of That the President of the enited including reasonable costs of adm.in.i& guaranty; but until the €:xpiration of the company, as follows, to wit: States may at any time suspend the tration during each quarter, or since five years after the said mna.l shall · First. Seventy million dollars of issue of said bonds until Congress, be· the last preceding estimate, and upon be J!Ut in operation, .and so long a~< the capital stock of said company at ing :informed by him of the reasons the filing with the Secretary of the dnrm.g said five years, the canalsha.u the par value thereof shall be issued for such suspension, shall otherwise Treasury of said estimate, duly certi­ be in operation and remain under the to the United States in consideration direct. And said bonds shall be se­ fied by the inspectors, the £aid Secre­ control of the :Maritime Canal Com­ for its guaranty of the bonds of the cured by a first mortgage on its prop­ tary of the Treasury shall deliver to pany of Nicaragua, this subrogated company as provided in section 5 of erty and rights of property now ex­ said Maritime Canal Company of lien and right of the United States as this act, and the said stock so to be is­ isting or hereafter acquired, of all Nicaragua tho bonds of the said com­ aforesaid shall not be enforced by sued shall be full pallY at any time before the said canal Second. That $6,000,000 -of the said rights and franchise to be a corpora­ to beoome due upon its out.standin~ shall be put into operation in the pay­ capital stock at the par value thereof tion. Such mortgage shall contain a bonds before tho next quarterly esti­ ment of mterest as it-becomes due, or shall be issued to the Government of provision for a sinking fund sufficient mate; but the total amoun't of such if default shall be made in any other the Republic of Nicaragua, and $1,500,- for the payment of saJ.d bonds at ma­ bonds to be delivered shall not exceed respect, the right of foreclosure under 000 of the said stock at the par value turity m accordance with the provi­ the total cost of said canal and its said mortgage shall at once attach in thereof shall be issued to the Govern- sions of section 12 of this act. Such equipment; and the proceeds of all favor of the United States, without ~ ment of Costa Rica, according to the mortgage shall ue so framed as to be said bonds shall be wholly applied in the necessity of judicial proceedings, terms of their respective concessions valid as a first lien under the laws of payment of the cost of the construc- and may be executed upon the written heretofore made. Nicaragua and Costa Rica. Theform order of the President of the United Third. The remainit:lg stock of the and sufficiency of such mortga.ge as ~?acl~~u~f~~~·:!~~~n:nofcet~~~: States, given to the Attor~ey·Gi=!n­ company, towit,$22,500,000,!at the par the first lien upon the Nicaragua Ca­ road, telegraph line, and vessels used eral. Out of its net earnings each value thereof, shall be disposed of as nal and of the provision for the sink­ in the construction thereof,or inciden­ year the said corporation shan pay< hereinafter provided. ing fund shall, before execution, be tal thereto, and reasonable expenses first, the interest upon the bondea SEa. 8. That to enable the :Maritime approved by the Attorney-General of of administration, and the accrued in­ debt guaranteed by the UD.ited States; Canal Compan:y to take up, cancel, and the United States, and the trustees terest upon the outstanding bonds of second, they may declare, out of the extinguish all ISSues of its stock here­ named in such mortgage shall be ap­ the company, and such bOnds shall balance of the net earnings, a dividend tofore made except those made to the proved by the Secrefary of the Treas­ not be sold or disposed of at less than upon the stock, in no year to exceed Governments1 of Nicaragua and Costa ury. Said'Illortgageshall bedulyexe­ par; and it shall be satisfactorily 5 per cent, and the balance of the Rica, and all outstanding obli!rations cuted in triplicate by the officers of shown to the Secretary of the Treas­ net earnings, if any there be, shall be for stock, bonds, or bond scrip tereto­ said company, and shall be recorded in ury, before delivering any install­ paid into the Treasury of the United fore entered into by said company, the the office of the Secretary of the ment of bonds as afC'resaid, that the States and constitute a sinking fund stock of said company, with the ap­ Treasury in Washington and in the proceeds of prior installments of for the payment of the principal and proval of the Secretary of the Treas­ proper offices in Nicaragua and Costa bonds have been properly applied ii1 interest of the mortgage. All divi­ ury, shall M. issued to the persons or Rica, to be designated by the said the payment of the cost of construc­ dends paid upon stock owned by the corporations to be designated by said States; and as additional security for tion and maintenance as aforesaid and United States shall also be paid into eompany not to exceed in the aggre­ the payment of said bonds, and to save interest on the bonds of the company. said sinking fund, and the Secretary gate the sum of $7,000 000 at its par the United States harmless by reason A sum or sums necessary to pay the of the Treasury shall, as rapidly as value, which stock shali be nonasses­ of its guaranty of the same, there is expense of making the inspections and possible, apply the same to the extin­ sable. The amount of stock so to be· hereby created a first lien in favor of estimates provided for in this section guishment of said mortgage debt. issued shall be finally determined by the United States upon the Nicaragua is hereby appropriated, out of any SEC. 13. That the said canal shall be the Secretary of the Treasury, on Canal. · money in the Treasury not otherwise constructed under-the supervision principles of justice and equity, but SEC. 10. That the said mortgage appropriated, but all expenditures so and according to the plans and specifi­ shall not exceed $7,000,000. bonds shall be prepared, engraveQ, made by the United States shall be re­ cations prepared by the Engineer De­ SEc. 9. That the proceeds of the re­ and printed at the Buroo.u of En_grav­ funded and repaid by the said com­ partment of the United States Army. mainder of the capital stock, if sold, ing and Printing, in the city of Wash­ pany upon a fl.ria:i accounting. The President of the United States, be applied exclusively to the construc­ ington, at the expense of said Mari­ SEc. 1.3. That to secure the proper upon the recommendation of the Chief tion of the said canal and the com­ time Canal Company of Nicaragua, applielltion of the aid to be furnished of· the Engineer Corps of the United -pany may offer the said stock for sub­ and, after being duly executed by the by the United Stat-es by this act, and States Army, shall detail three com­ scriptionandsaleatsuchtimeortimes officers of said company, shall be de­ for the better and more economical petent engineers from the War De­ and at sueh price or prices as they posited in the Treasury of the United execution of the powers conferred by partment toenterre~arly the serv­ shall, in their discretion, determine, States at Washington, and c;hall be this act and the act; to which it is an Ice of the Mruitime uanal ComJ!a.ny, but in no case shall the said stock or issued by the Secretary of the Treas­ amendment, section 4 of the act ap­ one of whom shall be chief engrneer any part thereof be issued or sold ex­ ury from time to time to the '>Bid provedFebruary20, 1889, entitled "An of said canal, and thereafter sh8.11 de­ cept for cash, nor at any price less Maritime Canal Company of Nica­ act to inco~ rate the Maritime Canal tail such additional number as may than ita par value. ragua only as the work on the Nica­ SEc. 10. That the working capital ragua Canal progresses, as herein­ ~~J>~ltha.f=~~~ee~ng~~ ~~::JI~~c~~r~~ tfh~n~f1~c~ immediately available for continuing after protided. Before the issue of ors of said company shall be appointed tion of said canal, provided the same the construction of the canal may be said bonds by the Secretary of the by the President of the United States, can be done without detriment to the darived from the proceeds of sale of Treasury he shall cause to be en­ by and with the advice and consent public service. _ the company's treasury stock, as pro­ graved and printed and duly exe­ of the Senate, not more than five of That it shall be the duty of the chief vided in section 9 of this act, but cuted on each of said bonds the guar­ whom shall be appointed from one po­ engineer in making his surveys and s'b.ould the company not be able to dis­ anty of the United States, in the litical party; and fiv-e of whom shall estimates, and of the directors in let­ pose of said .stook at par within a rea­ words and figures following, to wit: hold office for one year and five for ting contracts, todividethework into sonable time the Secretary of the "The United States of Americaguar- two years, as may be designated in such sections and pa1·ts as will secure 160 CONGRESSIONAL RECORD-SENATE. DECEMBER 10,

their appointments, and their succes­ the completion of said canal with the canal, and this without giving just cause of offense to any other sors shall hold office for two years. utmost expedition. And all parts of said act approved That said canal company sha.ll pay power. February 20, 1889, inconsistent with annually into the Treasury of the Sixth. That these States may freely unite in such a work under this act are hereby repealed. United States the official salaries of the concessions made to a common agent, and under charter rights ~Ec. H. That all the rights and :pow- said engineer officers while in the em­ and powers confened upon that common agent by the laws of the 8 ploy of said company, and, in addition ~fth:S:~'!~ !1u~~nfJ:lsbln ~~~:d~ thereto, shall pay to said officers for United States, and concurred in by the laws of Nicaragu:1 and ment are hereby reserved, and shall their use 25 per cent of such salaries. Costa Rica. apply also to thic; act. SEC. 14. That the board of directors Seventh. That there is neither danger, nor injustice, nor the SEc. 15. That in order to make cer- shall quarterly file with the Secretary of the Treasury a detailed statement threat of danger.or injustice to the commercial rights or sect:::.-ity of ~d ~~t t~et~:a.~~J:li~~f:~ai\~n~~~ of the work done and the expenses in­ any other nations or peoples in the execution of such an agreement. cessory works a board of three engi­ curred therefor during the preceding Eighth. That Nica,ragua and Costa Rica, having made very neers is hereby constituted, the mel}l­ quarter and the amount due and pay­ hers of which may be selected by the able thereon, together with all other valuable and important concessions, which have been solomnly President of the United States, one expenses incurred by said board, and confirmed by later acts of those Governments, to· a corporation from the Corps of Engineers, United on his examination and approval of ·chartered by the United States; and those concessions, including S tn.~c 3 .Army, one from the Engineers said statement he shall issue and de­ of tho Navy, and one from civil life, livt>r to said board of directors bonds real estate and rights of navigation, and rights of way, and rights and if tho President, in his discretion, sufficient at their par value to cover of free transit into and through the territory of those Republics, shall so direct, the said Board of En­ the amount approved by him. and the right to levy and collect tolls on ships that pass through "' ~ineers, under the direction of the SEC. 15. That the said Maritime Ca­ oecrctary of State, shall visit and nal Company shall not issue any bonds the canal, are all of very great value; and those rights having carefully inspect the route of the said or mortga~:es except a.s herein pro­ been accepted by the concessionair.es, and having been sarrctioned c..'tnal, to examine and consider the vided, and sha.ll not indorse or guar­ by the laws of the United States; and citizens of the United plans. profiles, sectiois, prisms, and antee the paper, contract, or obliga­ specifications for its various parts, and tion of any person. persons, or cor­ States having expended large sums of Il}Oney in actual work upon report thereupon to the President of poration whatsoever, except as herein the canal, under those concessions; that it is the duty of each of the United States. provided, and no contract shall be those Governments to protect and preserve those rights to Olll" SEc.l6. That,forthepurposeofpay­ entered into or purchase made by ing the necessary e:x;penses of the said companv beyond the amount of citizens, in full and free enjoyment, without diminution, and board of engineers created by section bonds ::mthbrized to be issued by this without interruption by them, or by any other power. 15 of this act, if the President of the act. Ninth. That there is nothing in the international law, and United States shall appoint them and SEC. 16. That the bonds so issuei'l to call them into service, the sum of $1.5,- said directors shall be disposed of by nothing in any treaty enga~ement between the United States, or 000, or so mnch thereof as may be nec­ them at not less than their par value, Costa Rica, or Nicaragua, With any other nation, that forbids or ren­ essary, is hereby appropriated, out of and the proceeds arising from such ders questionable any of the concessions made to citizens of the any money in the Treasury not other­ sales shall be paid into the treasury United States, and no nation has attempted to throw any doubt wise appropriated: Pr()Vided That of the canal company and sha.ll be the compensation of the members of used for the extinguishment of the around any act that has been done or is contemplated in this con­ Eaid board of engineers from civil life company's indebtedness contracted sentive method of executing the full plan and purpose of those shall be fixed by the President; and after the a~pointment, by the Presi­ concessions. the Secretary of State, with the ap­ dent of the United States, of the eight proval of the President of the United directors herein _provided for. Tenth. That the entire plan of building, completing, and operat­ States, shall make all needful regula­ SEC. 17. That Congress shall at all ing the canal is as legitimate and is as much under the protection tions for carrying this and section 15 times have the power to alter, amend, of these Governments, within the limits of international law and of of act into execution. And the Sec­ or repeal this act, and thic; act shall retary of the Treasury, with the ap­ be null, void, and of no effect if the treaty rights, as the very important part of the work that has proval of the President, shall make Maritime Canal Company of Nicara­ been"done, both on the sea and on the land. · all needful regulations for carrying gua sha.ll fail to comply with the re­ Eleventh. That no nation having objected in any form to any into effect all other parts of this act quirements of section 3 of this act and the act to which it is an amend­ and to communicate to the Secretary act that has been done under these public concessions and statutes ment. of the Treasury its acceptance of the of Co. ta Rica, Nicaragua, an'd the laws of the United States, such terms and conditions of this act objection, if now made, after full notice to the werld of all that within nine months from the passage thereof. has been done at so great a cost, would be an act of bad faith SEC. 18. That all acts and parts of which could not be tolerated or excused. acts inconsistent with the provisions Turning, now, from the general and international aspects of of this act are hereby repealed. this subject, as to which the bills reported to the two Houses of Mr. MORGAN. Mr. President, I have asked for the insertion Congress are necessarily agreed, we find that they also agree as to of these bills in the RECORD, not for the purpose of discussing the the powers of the Government of the United States to give pro­ House bill, but the better to enable me to discuss the Senate bill, tection, encouragement, and aid to the construction, maintenance, by reference to the matters on which they are based upon different and operation of this canal. lines of legislation. ' The twelfth point of agreement is as follows: That the United They agree in some leading and vital points, and disagree as to States may become a stockholder in the Maritime Canal Company,• some less important details; some of which differences I will point and may exercise the like control over the same, through its direct­ out for the purpose of showing the sentiment and convictions of ors, as is exercised, under the concessions and under the laws of the the peo;ple as expressed in the reports made by some of their repre­ United States, by the Governments of Costa Rica and Nicaragua. sentatives in the House and in the ~nate and in the State legisla­ Thirteenth. That the charter of the Maritime Canal Comna.ny, tive tribunals. All the light we can gain upon this Jmbject, from under which both Nicaragua and Costa Rica have held and"'exer­ whatever quarter, is useful and important. cised a power of direction in the company, retains to the United This subject has been under crucial examination jn many cotm­ States, whether or not we become stockholders, the right to have tries and in the minds of the rulers of many nations and of great sworn reports made, annually, or oftener, by the president and engineers and explorers for near three centuries, so that almost secretary of the company, as to the condition and doings of the nothing that careful investigation can reach has been left to doubt company, to the Secretary of the Interior; and this provision is in or conjecture. The whole subject, in all its relations and bearings, the nature of political control, to be exerted by the Government, has now been carefully investigated and is well understood. for the proper protection of all the persons and States interested First. These bills agree in the conclusion that a ship canal across in the conduct of the Maritime Canal Company, and for the pro-­ • the Isthmus of Darien is indispensable to the commerce of the en­ tection of the bondholders and stockholders of the corporation, tireworld. and of the interests and welfare of the people of the United States. Second. That by careful and exhaustive explorations and sur­ That to insure such protection these reports, tmder oath, were veys, completed by the best engineering skill of scientific men, it required of the officers of the corporation; and the further right has been established that the route through the San J nan River was res~rved to Congress to alter, amend, or repeal the charter and Lake Nica1·agua is the best and cheapest line that can be found so granted to carry the concessions into effect. for a ship canal to connect the waters of the two oceans. Fourteenth. That Congress had as full power to contribute to Third. That the canal can be constructed on this line at a cost the execution of the concessions of these foreign States for the ben­ that justifies the calculation that it will yield, at a low rate of efit of the people and Government of the United States as if those charges upon the traffic that will pass through it, a safe and remu­ rights, privileges, and advantages had been secured by formal nerative profit upon the money invested in the work and that wj.ll treaties with Nicaragua and Costa Rica. be required to keep it in order and to operate the canal. Fifteenth. That the concessions are valid; that they convey val­ Fourth. That the canal is especially necessary for the commer­ uable privileges and properties to certain citizens of the United cial growth bf t~e United S~ates and of the States bo!dering on States, and valuable privileges to our people at large and to the the Gulf of MeXIco, the Canbbean Sea, and the Amencan coasts Government, and that, under the terms of their provisions, the of the Pacific Ocean; and is equally important to the United States United States, as well as the other contracting States, may own in respect of their military security. stock and have directors in the Maritime CanaJ Company, if Con­ Fifth. That the United States, Nicaragua, and Costa Rica have gress should so provide by law; and those rights are inviolable and the right as sovereign powers, without derogating from their. irrepealable by the act of Costa Rica or Nicaragua without the con­ political autonomy or independence, to unite through a common sent of the United States. agent and under a fixed agreement, as stockholders in a public, Sixteenth. That the concessions made by Nicaragua and Costa. international corporation, in order to build and operate this Rica to citizens of the United States distinctly contemplate and 1894. CONGRESSIONAL RECORD-SENATE. 161'

carefully provide that the canal shall be constructed and controlled hogs, and mules it has few sup.eriors, if any. In this region the by a company to derive its charter powers from the laws of the chief productions are sisal, rice, cocoanuts, potatoes, beans, pine­ United States, and, therefore, to be under the political control and apples, and banana-s, on the lowlands, and corn, taro, sugar, cof­ protection of the United States. fee, arrowroot, bread fruit, citrons fruits of all varieties, india - Seventeenth. That the concessions provide for and invite the rubber, cinchona, cochineal, manila, nuts in many varieties, and purcha-se of stock in the canal company by governments other cocoa or chocolate beans. than those granting the concessions, but they positively prohibit Many valuable hard woods are found in the forests, such as the sale of the concessions to any foreign power. · grow in tropicali"egions, including mahogany and red cedar. Eighteenth. That the nearest approach that the United States It is a very healthy country and has an equable climate in which can make to the ownership of the canal, without a violation of the the range of the thermometer is confined between 70° and 85° Fah- sovereignty .of Nicaragua and Costa Rica, and without a viola­ renheit. · tion of our treaties with those States; and without a violation of For a country of tropical residence no part of the central zone or departure from the Clayton-Bulwer treaty withGreatBritain, of the earth affords greater comfort, better health, more productive is to be found in the verywiseand careful provisions of these con­ soil, more attractive natural featu1·es of land and water, or is more cessions, and in their execution, in the spirit of the Clayton-Bul­ central to commerce and travel than the State of Nicaragua, bor­ wer treatv~ by a company holding a national charter. dering on the lakes and on the ca:qal, when it is completed. Nineteenth. That the United States having declined to ratify The northwest trade winds eros§ the Isthmus of Darien through the Frelinghuysen-Zavala treaty of 1884, because it included pro­ this depression in the Cordilleras, and scarcely cease or lose their visions thatwerevirtuallythe exercise of sovereign powers by the volume in any day in the year. To this fact and to the elevation United States within the dominion of Nicaragua, that Govern- of the country and the absence of ·marsh lands in the interior of . ment justly concluded that the best plan for securing the desired Nicaragua is due the equable climate of the country and its free­ support of the United States in the construction, control, and dom from epidemics of yellow fever. neutrality of the canal was through the instrumentality of the In no haven of the tropical earth can be found a better place concessions to citizens of the United States, which these bills are for the refreshment of ships' crews after long sea voyages. For designed to execute. these facts I refer to the statements of men who are well ac­ Twentieth. That Nicaragua and Costa Rica, having made these· quainted with the country, some of whom have resided there dur­ concessions to our citizens upon the payment of a large money ing all seasons for many years. I will also read a statement of consideration, and the United States having granted a charter to Jacob W. Miller, general manager of the P. and S. Steamship Com­ the Maritime Canal Company for the sole purpose of carrying pany, made recently before the American Association for the Ad­ them into effect, the right-s thus acquired are, as to the conces­ vancement of Science: sionary powers, vested rights, which they are bound to respect, During the early days of October in the year 1870, a moderate-sized steamer, d'rawing 10 feet of water, left this1 port. Following that steamer on her and do respect; and, as to the United States, the charter powers so southern voyage, we would ha.ve found her, within a month, anchored in an granted to the Maritime Canal Company are lawful privileges and inland sea within 11 miles of the Pacific Ocean. A sailor going aloft upon the rights which are fixed and inviolable until Congress shall see fit mast of that steamer would, at the height of 41 feet, have be.en above the to alter, amend, or repeal them, and that, so long as our relations swrunit of the divide between the vessel and the Pacific, and might have seen the spars of a vessel at anchor in Brito roadstead. Gentlemen of the asso­ with foreign governments touchin~ these subjects remain as they ciation, does that not bring home to you the feasibility of cutting through are, and so long as these obligations rest upon Nicaragua and that low barrier, of deepening the outlet to the eastward, so that the fl.eets Costa Rica under those concessions, the United States can only of the world may no longer be buifet.ed by the winds of Cape Horn and the tem­ pests of the Austr:lllati~udes? I have been on tha.t steamer's deck at that exert fully its rightful and dutiful influence over the construction very spot. Several years afterwards I was, for one hundred and twelve days, and control of the canal by becoming a stockholder in the canal out of sight of all land, trying to reach New York from San Francisco; not a company and by amending the charter of the Maritime Canal day passed but I said to myself, How weak is the power of the nineteenth century if it cannot, in the mterests of commerce, in the name of humanity, Company so as to provide for that situation. in the cause of univet·sal advancement, solve "the secret of the strait" at Every other door of access to the use of these great and benign Nicara~. influences seems to have been closed to the United States by our Imagining ourselves once more on the steamer'sdeck, there would be, within the diStance of~ miles to the northward and westward, one of the richest own action, and these concessionary powers seemed to have been countries of the globe. . Three miles from the lake are the indigo plantations forced to resort to the plan that is now in proc~ss of execution of Rivas; tho pilasor dams for sog,king the plant, built of the lime with which in order to gain for this enterprise the support of the Government the loc:tlity abounds. The concrete is as smooth as porcelain, as hard as mar­ ble, and as old as the Spanish conquest. Further on are the cacao '{lh'l.ntations, of the United Stat-es. Without further stating the features of this as valuable as they are beautiful; while here and there in the vicinity of the broad subject in which the reports made to the House and the Sen­ town are the sugar haciendas and the coffee lands, intet-spersed with farms ate are in harmony, I will now invite the attention of the Senate devoted to the culture of the plantain, the banana, and the orange. Turning to the general characteristics of this interoceanic canal, be­ from the shore and steaming out into the open wateto, the great lake impresses us with the magnificence of its proportions. .Anchoring under the lee of ginning with the country through which it is being constructed. Ometepee, that island towers a perfect cone for 5,200 feet above the vessel, its The Nicaraguan Canal is located in the waist of the Western base clothed with perennial verdure, its summit hidden in the dark drifts of Hemisphere, at the point where the Cordilleras, known as the the eastern trade winds. - But scenery is not a necessary adjunct to a canal. Let us, therefore, see Sierra Madre Mountains, that reach through all the Americas, what are the practical benefits accruing from the lake. It is first to be noted North, South, and Central, have their lowest depression above that the Central American Cordilleras exist in one unbroken chain the entire · the level of the sea. Lakes Nicaragua and Managua, unit.ed by length of the Isthmus, but at one point, and that point near Rivas, they sink to the lowest elevation on the American continent, becoming simply hills an outlet from the latter, are at the crest line of this depres­ which skirt the Pacific shore. But, as the highlands lose their altitude, the sion in the mountains. They are connected with the Caribbean valleys to the eastward gain in depth, forming a basin into which the moun­ Sea on the east by an outlet called the San Juan River, which is tains of Costa Rica and Nicaragua pour the vast amount of water which drain from their lofty sides. .. ordinarily navigable into the lake for vessels drawing 4 feet of water. This basin is known as the Lake of Nicaragua, or Grenada. It covers an No silt, sand, or mud ever passes through this river. In the n.rea.lOO miles long by 40 broad; is in places over 100 fathoms deep;. contains a highest floods its waters are always clear. The coasts of these channel, from its eastern to its western extremity, capable of noating the largest ships; is only 100 feet above the ocean; and oy re~ of its magni­ lakes are rock bound, except at the outlet of the San Juan River, tudeil is subject ta none of those extreme changes of level so common in all and they never rise above 4 or 5 feet, under the greatest rainfall. sma bodies of water situated in the tropics. The water is fresh, and deep enough for the free movement and Freshets never occur, either in the lake or in the San Juan, for the first 64 miles of its course. It is the only river of the tropics not subject to sudden navigation of the largest vessels of commerce or war, and the rises; flowing through a narrow valley the greater part of the distance, with basin of Lake Nicaragua can easily accommodate many hundreds an average depth to-day of 40 feet during the last 18 miles, with no large of the largest ships. The western coast of Lake Nicaragua ap­ streams swelling its current, a dam of 52 feet is perfectly llracticable at tho San Carlos. This built, we have continuous lake navigation for 130 miles, proaches the Pacific Ocean within 12 miles, and the eastern coast leaving only 40 miles of actual canal. I empha.size this point, as one of the is within 70 miles of the Caribbean Sea. The whole distance objectiOns raised against Nicaragua is the length of the route. Every sea­ from ocean to ocean, over the line of the canal, is 169 miles. The faring man will acknowledge that 130 miles of smooth-water navigation would be preferable to the Gulf of Mexico, "northers" and tropical calms obtain­ terminals are Grey Town, on the Caribbean Sea, and Brito, on the ing north and south of Nicaragua, beyond the trade-wind belt. Commanders Pacific Ocean. The interior of the country, lyin~ between these of iron vessels also know what advantages there will be in ridding their ships points, has an average elevation above sea level of about 75 feet. of barnacles. Here, then, we have a reservoir capable of supplying a uniform and inex­ 'fhe level of thetiake is 110 feet above the level of the sea-about haustible amount of water, the gauges of the San Jua.p showing a flow of the same elevation that the floor of the Senate is above the over 900,000,000 cubic feet per day. Potomac River. The outline of the topography of this region is Over and above these advantages there is another of great importance. The undulating and rises into hills or ridges, between which the San lake divides the canal into two distinct sections, and consequently eliminates any danger from a "block," vessels being locked directly up to the lake, where Juan River flows. The country is covered in the unsettled parts they can remain quietly at anchor in fresh water, loading under the lee of by a dense tropical forest, chiefly of trees of moderate size. the numerous islands with the products of the country, repairing any dam­ The port of Nicaragua, lying between the lake and Grey Town, ages with timber of the best quality, or pro-eisioning for the coming ocean has but few inhabitants, the earlier settlements having been lo­ voh~Yil.ke is, then, the great port, and in considering the question of harbors, cated on the western shore of the lake and to the north of it. The at either terminus, it will pa well to remember that they can be limited in land is throughout of the highest fertility, is well watered, is con­ size to the accommodation of the few BhiJ?S which may daily arrive. This is specially true for the Pacific division, for if the weather prove inclemenththe - venient for residence and farming, and in many places remark­ outgoin~ vessels can remain in the lake and be locked down the 16 miles w en­ able for its picturesque beauty. As a country for raising cattle, ever desirable. XXVII-11 162 CONGRESSIONAL RECORD-SENATE. DECE:MBER 10,

The undeveloped water power of the lake can sca.rcely be estimated. The in that isthmus at any other localitY except throu~h Lake Nica­ canal once bull t, there will be a fall of over 100 feet in a distan9e of 9 miles on the Pacific Slope, in a length of 23 on the Atlantic. This f-all will be perfectly raguiL Lake Managua is 25 feet higher than La.tre Nicaragua,' under control and harpessed to serve commercial purposes. The products of and would scarcely afford a sufficient water supply for a ship the country will be cha.nged into merchantable commodities by the waste ~d . energy of the lake. Passing vessels will anchor here_, and raduce the bulk of their cargoes from raw material into manufacturea articles. Shipbuilding It is also h·ue that in no part of the world is there such facility industries, factories, and dockyards will line the lake where the fleets of the for constTucting a canal with locks as is afforded by the 1·oute 'Of world will meet. Cities willspringupwhere villages exist to-day. No longer the Nicaraguan Canal. will a ship canal be considered only a pass~ewa.y from ocean to ocean. The public mind will cease to couple the idea of ISthmia.n transit with u.n African The vast body of fresh water in those lakes, elevated 110 feet desert, a malarial Panama, or a mountainous Tehuantepec. There may be above the sea level of the two great oceans, fed by perennial and times when the ingenuity of man should take np the fight even against nature, unfailing springs in the mountaiil.S to the north of them, furni~hes and conquer obstacles almost superhuman. No such struggle is demanded at the navigation and the lifting power to pass the largest vessels Nicaragua. Providence gives ns the inland sea with all its advantages. It is for us to develop them when we are worthl the legacy. from oce3ll to ocean without the assistance'of any power but that Whatever, therefore. the Bosphorus is to Europe, the Red Sea to India, much which propels them when at sea, or a light tug to move sailing more will tllil Lake of Nicaragua be to America, vessels. It needs no comment to demonstrate the cheapness and I have thqught it proper to refer to the advantages of the region security of this transit. through which this canal is beingconsb.·ucted, because Nicaragua. Under the IJ12.n of sm·vey of this canal it is withdrawn from and Costa Rica have ceded to the 0\V"l..J.ers of their copcessions and absolutely protected against all risk and danger from any above 1,000,000 acres of land in that country, besides a grant of all flood that could be caused by the heaviest tropical minfall. The the land that will be submerged by dams to be constructed across line of the canal is diverted from the San Juan River into basins water courses. These grants'::tre in fee simple, and carry the formed behind a range of hills almost at right angles to the river right to the timber thereon for the use of the canal, and for all below the mouth of the San Carlos River, the only important commercial purposes as well. affluent of San Juan River. This factor of safety against floods This dowry of lands will be of great value when tl;le canal is is only second in importance to that of the two lakes at the top completed~ and at this time would be cheap at $1 per ae1·e. Few level of the canal, and completely avoids a danger that is neces­ persons would estimate its val:ue below $5,000,000 at the time when sarily fatal to the Panama Canal. the canal is in successful operation. And all minerals on these • The third important feature of this canal is the distance over lands are granted in fee simple to the company. The twenty lots which it furniShes slack-water navigation for ships. That dis­ of land that the company may select, anywhere they choose, can ta11ce is 154 miles of a total distance of 169 miles, along the summit J:>e located in a very rich mining region, already developed. leYcl of the canal line, from Grey Town to Brito. This distance is The population of all the Cenb.·al American country \vi..ll be b.·avers,ed by ships as freely and secw·ely, without impedim,ent, as if rapidly increased, and the inducemeJltS for immigration on un­ they were on the ocean. The fall of the San Juan River is about broken and cheap lines of travel will soon attract a great move­ 12 inches to the mile, and the normal outflow of water is never less ment of Europeans to the western coasts of the United Stat-es. than twenty times the quantity that is needed for all the pur­ T'nis canal will completeanequatoTial belt of navigation around poses of the canal. The wastage of flood water is provided for by the worl~ through the gateways of Suez and Nicaragua, and an estuary and weirs that a1·e on the San Carlos River, across the every other great canal or river in the continents and islands of San Juan River, and 3 miles or more distant from thepointwheTe the seas will make its contribution to the traffic that will pass the canal leaves that river; so that a flood would have to leave a tmou,gh it. Perpetual spring, summer, autumn, and winter will desceniling cunent and nm upstream to affect the canal inju­ pour into this line of transportation their yield of wealth, as the riously. earth swings back and forth to the sun in its annual course. No It was the exploration, discovery, and adoption of this arrange­ such impulse could be given to commerce as the construction of ment for the cheap construction, ease of employment, the security, this necessary complement to the Suez Canal. and the short reach of actual canalization, and the long stretch So that it is no wonder that the rulers of nations, and all far­ of slack-water navigation, that demonstrated the practical ability seeing friends of progress in civilization,.have for three centuries of our lunerican engineers who did the work. It was not what fixed their attention upon this great waterway and have laid is called gren.t and difficult engineering that worked out this grand claim to it for the benefit of mankind. but simple plan. The engineering is simple enough, and easy of It is this universal anxiety among thoughtful men to open the execution, and of being estimated at its cost. It is the simplicity ' oceans to the easy access of all commercial people through sa.fer, of the method of crroting in these waters, from the high and shorter, and cheape1· channels of communication that has cost broad fountain of the lakes, 154 miles of slack-water navigation, such a great expenditure of money and labor in the search for the and a canal of only 2ut miles of actual digging and blasting, that best canal route across the Isthmus of Darien. Few of the mod­ covers the entire dist..1.nce from Grey Town to Brito, that raises ern nations have failed to make surveys and explorations in that this exploit to a magnificent feat of engineering. naiTOW divide between the great oceans, to discover and measure To make a ditch or basin on a level lower than the fountain that the best route for a ship canal. supplies it with water, and then to dam it up until the water rises This subject ha.s given more concern to European nations than to the level of that fountain, is engineering that any little boy can it has to the States of North and South America, because they had underst.:'lld and accomplish. In general outline this is the whole colonies in the Pacific Ocean which could only be reached by plan of this canal. The lake is the fountain that supplies the doubling Cape Horn or the Cape of Good Hope through the coldest water, through a fall of110feet, to the canal thatleadsonttotheeast and most tempestuous and dangerous seas. The constraint in through the San Juan River, to the Caribbean Sea at Grey Town, which Great Britain is able to hold the Suez Canal, through her and to the west through the Lajas River and across a low divide to owrrership of stock in that company, her ownership of the Island thePacificOceanatBrito. Theslack-waternavigationisconnected of Cyprus, and her occupancy of Egypt, is a cause of earnest anx­ by simple dams across the course bf these waters, and by three lifts iety to other nations that gives to the neutrality of the Nicaragua or locks on each end of the slack water to raise and lower the Canal, susta.i~d by a power that has no alliances or partialities vessels to that level. among Em·opean States, a most welcome significance. In surveys such as these, the first important feature is to get France was :mxious, for this and other reasons, to have a .ship the height and strength and location of the dams that are requi­ canal at Panama; and she failed only because she. was misled site to the raising of the waters to the level of the lake; and then by the confidence of De Lesseps in a route that was impossible. the locks for lowering vessels to the level of the sea, or for raising It was impossible for three reasons, all of which were pointed out them to the level of the lake. by Admiral Ammen and Mr .1\ienocal, commissioners of the United If there is any mystery in this sort of engineering, the Chinese States to the congress at Paris in 1879, when the Panama route are entitled to the honor of having solved it three thousand years was selected in preference to the Nicaraguan route. Those rea­ ago. lligher dams across larger streams'have been built in many sons are now demonstrated to be, as they were then stated, first, parts of the earth, even by barbarous people, and larger and that a sea-level canal could neither be built nor maintained through stronger lifts than this· canal requires have been placed in the the broken strata of earth and rocks which seisrillc disturbances dockyards of almost every power in the world. had lBft piled in confused mountain heaps across the axis of the In my judgment, any cavil over the supposed-lnscrutability of proposed canal; second, that the heavy rainfall upon the steep the engineering required in building this canal is mere waste of watershed of thB Chagres River would destroy the canal as often time. I dismiss that inquiry as a meager prey to the hunger of as it might be constructed; and, third, the absence of a water sup­ objectors, and turn to the surveys that have demonstrated that ply on the divide between the eastern and westm-n coasts would the present location of this canal is not only the best, but that it is make it impossibb to build a canal, with locks, across the isthmus the only safe and practicable route for a ship canal at any point at that point. • across the Isthmus of Darien. There is an indisputable proof that The Panama failure has settled the fact that a sea-level ship attends this dispute, as it follows every conclusive settlement of a canal is impossible of construction or maintenance in any portion truth, that all suggestion of a respecta~le sort as to the possible of the Isthmus of Darien. superior claims of any other route has been dismissed from the It is equally as manifest that a canal with lifts can not be built minds of. inquirers and of civil engineers over the world. The 1894. CONGRESSIONAL RECORD- SENATE. 163 universal consensus of opinion, among those who have studied everybody has supposed tha~ such a thing was possible. It is this subject most faithfully, is that the Nicaraguan Canal is the demonstrated also that the route through Lake Nicaragua is the only route that needs to be -considered as being feasible. best to be found in the Isthmus of Darien, or in the world, for a These conclusions have been reached through many surveys of . ship canal with locks. It is equally demonstrated that this line oj the Isthmus of Darien, to find a feasible location for a ship canal. location is the best, {lheapest, and most advantageous that could I will mention some of them in an appendix to my remarks, which be selected to be operated from that great natural fountain of waters I will not now delay the Senate by reading. I will merely ob- collected in the two reservoirs of Lake Managua and Lake Nica­ serve, sotto voce, that the list furnishes the whole chronology ragua, in great rock-bound basins on the crest line of the Cordil­ of this subject and shows that the surveys across the Isthmus of leras-the divide line between the Atlantic and Pacific oceans. Darien have been more than one hundred to select the route upon The best engineering skill in America has made and_ reviewed wp.ich we have at last settled. and settled, so far as such matters are capabl..e of being ascertained The cost of this canal includes very few uil.certain factors. I by calculations based Em facts that are indisputable, the cost of have shown that the engineering is very simple and that it includes the work required to construct, equip, and conduct this canal. onlythe common work of digging earth, of dredging underwater, Experience acquiredinthe actual expenditure of near$4,000,000 of blasting rock, of building dams and waterways, and of build- on this work demonstrates that the canal will be completed at a ing canal locks, and sea walls or breakwaters. lower c"st than is set down in Mr. Menocal's estimates. At the No extraordinary work is required at any place on the whole pTices for labor -now paid by the great deainage canal in course of line of the canal. The canal leading from Liverpool to Manches- construction at... Chicago, the estimates of Mr. Menocal would be ter, which was opened within a year, has far more extraordinary reduced to $54,000,000 for the construction and completion of the work on it than this canal, which, indeed, has none. Nicaragua Canal. The reports of the bills by the committees of That canal floats ships as large as any that will everiJass through tb..e two Houses were therefore safely based upon theil· estimate the Nicaraguan Canal. That great work has been done so quietly that the sum of $70,000,000 would be an outside cost of the canal. and with so few spasms of fear about engineering problems that If there is an element of danger, or even of uncertainty, in the . I I doubt if.many who now listen to me' have ever h eard of it. It is propositions which I have so far discussed in respect of the legal 35 miles long and cost $75,000,000. situation, as it relates to international law or to our treaty Te- Can there be any doubt that Mr. Menocal and his able body of lations, or to those of Nicaragua or Costa Rica, I have failed to assistants, all of them in the service of the United States, haveob- discover it. Neither am I able to perceive that there is any doubt tained, by accurate and careful surveys-and by tests, the true data left open as to the sort of canal that must be built to enable ships UIJOn which to estimate the cost of this canal? I can find no rea- to pass from ocean to ocean; nor is there any real question that son, not the slightest, for questioning any statement he has made, this canal is located on the best and cheapest route. <>r for doupting that they are full and complete. Over and often It is my privilege, and o!le that I greatly enjoy, to give proper these surveys and tests have been examined, and they have been emphasis to the fact that American sentiment and conviction, so adopted and acted upon by very sagacious and careful men, who far as it has found expression in the reports of committees of the have based upon them an expenditure of millions of dollars of the two Houses, is united and moves in strong and perfect accord upon money of themselves and their friends. A direct proof of the con- every proposition.. I have thus far attempted to discuss. These servatism of his estimates is the fact that the cost of the work ~ropositions, if they are true, lead us safely past all supposed dif­ done, so far, by the canal company has been less than Mr. Meno- ficulties and embarrassments in this great work for our common cal's estimates. After his estimates weTe revised, in the most care- country which relate to the diplomatic situation and the other ful and conscientious manner, they were submitted, at his reJ environments of the entire subject. quest, to a board of five of the greatest engineers in America, none The Clayton-Bulwer treaty on the one hand, and the Monroe of whose names was even suggested by him, though he was re- do~b·ine on the other, are supposed to operate on this subject as quested to do so by the Maritime Canal Company. opposing forces, between which the United States, Nicaragua, and I will read from the last report made to the Senat& on this canal Costa Rica must lay their course of action, as if they were ships what is stated on this subject: in a storm, betw-een Scylla and Charybdis. Instead of this being Theg1·and total of the estimates of the actual cost of the canal, com_pleted true that treaty provides for and sanctions what is being done by for full service and extending to deep water in the Caribbean Sea and Pacifio these Governments in their movement for building this canaL Ocean through completed harbors, IS stated in the report of Chief Engineer A. G. Menocal "reVISed to conform to information obtained up to January 1, This project is within the letter and spirit of that ueaty as to all 1.890," at $52,067,a!0.55. To this sum :Mr. Menocal added "surveys. ho-:;pitals, that is proposed to be done in its construction, ownership, and shops, ~a.nagement. and contingencies, 25 per cent,' • amounting to $13,ffi6,835.45, control. making the grand total of $65,~,176. At the request of the chief engineer, the Maritime Canal Company sub­ The concessions under which the canal is being constructed fully mitted the full dnta of his estimates to a board of five en~eers, who were provide all the guaranties of neutrality, universal use without dis· selected without any suggestion from Mr. Menocal, for cntical examination crimination, freedom of navigation, protection, and exemption and revision. This board was compost>d of the following-named engineers: John Bogart, from all dominion by powers foreign to Nicaragua and Costa Rica, E. T. D. Myers, A. M. Wellington, H. A. Hitchcock, and Charles T. Harvey, all and all other material guaranties that aTe provided for in the Clay­ of them men of distinguished ability and established reputation. ton-Bulwer treaty. They united in a report dated May 9, 1892, in which they increased the esti­ mates of Mr. Menocal to the sum of $73,166,308 for actual cost of the canal and Great Britain, ~agacious""; alert, and courageous, with a full $14,633,262 "to cover specified and unspecified cvntingeneies, labor agencies, knowledge of all that has been done or that is contemplated in shops, police, sanitary service and incidentals." The g1-a-nd total of their esti­ mate was $87,799,570. this matteTwhich has been so long in open discussion in Congress The reasons for the increase of the estimates are stated fully in their report. and in the messages of our Presidents, has never intimated an They were cautionary in their charader and largely conjectural, as is shown objection, or even asked a question of our Government touching by the following extract from their report: this subject. I may, therefore, abstain at present from going into "We have carefully examined the unusually full IIUiiPS,Jlroflles, borings, samples of materials, etc., which have been prepared and collected under the the subject of possible conflicts between this legislation and the direction.<~ of your chief engineer, and the completeness and excellent form of Clayton-Bulwer treaty, or of our duty, already settled by many which reflect credit upon your engineering staff. • resolves of the Houses of Congress and proclaimed in many sol­ "We find certain elements of the designs submitted which may probably be advantageously modified. This would in some cases reduce and in others emn declarations of our Presidents, to preserve the•honor of our increase the quantities. It is also altogether likely that some parts of the country and the general welfare of our people against abuse or work may be let at lower and other parts at higher prices than are estimated. interruption by any transoceanic power. We_, however, are disposed to base our conclusions on quantities and prices which should prove sufficient to accomplish it upon the assumption of good If there are those who find in their fears of conflict with foreign and ho.nest_management, backed by an ample treasury. Wo have necessarily powers or in an exalted sense of international politeness a reason borne m mmd the fact that the cost of the notable precursors of this canal for obtaining in advance the consent of Great Britain to the pas­ project, both at Suez and Panama, has greatly exceeded the &mount of the original estimates, and that this has been true of many other important sage of this bill; or, if others are found who prefer a canal to be works. While this might be, perhaps, in a large meb.sure traced to unfortu­ held in partnership with Great Britain to "an American canal nate management, as well as the lack of such careful preliminary studies as under American control," I will try to meet theil· difficulties and have been laid before us in this case, we have nevertheless endeavored to g:uard against a similar result by a liberal allowance for every apparent con- to discuss their preferences when they are definitely stated and tingency. - supported by facts and argum.ents. Until thathappenslwillgive "Acting on this principle, we have not yet deemed it wise to reduce the no further time to such suggestions. quan~es or prices of -your chief ~n~eer's estimates in any instance, even when It appeared possible that this nnght prudently be done. His figures What I have already said i;l all I now think it necessary to say are, of course, founded upon a better knowledge of the local conditions than about the questions that relate to our duty in aiding in the con­ we can now possess. But to the extent to which it has appeared at all doubt­ struction of this canal, our right to do so, considered with refer­ ful we have liberally increased one or both." ence to other nations, and the commercial demand for its con­ It is thus demonstrated, as nearly as such things can be, that the struction. In all these points the reports and bills of the two construction of a sea-level canal across the Isthmus of Darien is Houses are agreed. impossible. This is proven by the reseaTches of the world's best en­ Another very important agreement between the plans submitted gineers, under the direction and support of the strongest and most to the two Houses by their committees is as to the matter of rais­ e.n.Jightened gover~ents, and by the failure of De Lesseps, after ing the $70,000,000 that- both agree is necessary for building the an expenditure of $300,000,000 at Panama, the only locality where canal. It is to be done by the guarantee of bonds issued by the 164 CONGRESSIONAL RE00RD-SEN:ATE. DECEMBER 10,

company. As to the guards and restrictions placed upon' the ex­ supports. The other powers will always see to it that the uses of penditures of the money, there is little difference. Those are the canal by neutrals shall be without unfair discrimination. The matters which are of easy adjustment. United States can neither have nor properly desire nor have need Whether the $70,000,000 is to be raised by appropriations from for any exclusive power over the international uses of this canal the Treasury or by a popular loan is a matter of financial expedi­ for commercial purposes. ency that does not seriously affeet the important question whether In time of war the occupation of these gateways of the oceans the subvention should be voted. I will not discuss that question will be controlled by military forces, so far as the belligerents are at this time. In reference to the subvention provided for in each concerned. No ti·eaty can prevent that condition or provide of these bills, it is very clear that there is no leading or important against it in advance. In a war with Great Britain all tl·eaty re­ precedent in our legislation, unless the purchase of the Louisiana quirements as to the canal at Sault Ste. :Marie and the Welland territory, the Alaskan tenit<>ry, and the Gadsden purchase fur­ Canal would vanish at the sound of the first gun. But in times nish such precedent. of peace the rights of nations are to be preserved iri the Nicaraguan I confess that I can see no clear distinction in principle as to the Canal by the power of the countries that own it. In this duty the power of the United States to purchase stock in a Nicar~ouan canal. United States will exert its authority with the firm and just im­ or in accepting a gift of such stock, and the power to purch as3 pa.rti.dity that becomes its character as a great Republic, having the land and sovereignty over the Louisianian and Alaskan terri­ no ent3.D.gling alliances with European or Asiatic powers. tories, and to accept, :::.s a result of war and of purchase, a cessi<>n I also assume that this canal will be built only through the over the vast domain acquired from Mexico under the tre:ttv. of assistance of a subvention from some great nation. Guadalupe Hidalgo and the Gadsden treaty. As to the differ­ .An an investment it is sufficiently attractive to draw the capital ence between land and stock in a corporation, the power to own needed from private sources. But the canal is so thoroughly stock in the United States Bank, as decided by the Supreme Court within the influence of international politics-diplomacy, in other of 1the United States, settles that question. words-that no private company and no weak power can give to If Great Britain can own stock in the Suez Canal, I can find no investors the security of the advantage of permanent operations reason why the United States may not own stock in the Nicara- necessary to their prosperity. The obligation of the United States guan Canal. ~ to protect this canal is not increased by the fact that it becomes I hold that the national and international powers of the Govern­ a sto~kholder. vV e send troops to Panama to protect a railroad ment of the United States are equal, under our Constitu-tion, to in which the United States has no property rights. those of any power on earth. I am a Democrat of so stlict a sect, It must therefore be built under the fostering support of some as to all that relates to the powers that Congress may exert over strong government. The Suez Canal, though much money was the States or against the people, that I sometimes feel that I m ay raised from private subscriptions to build it, was projected, con­ be dropped from the Democratic proc~sion as it moves in an ag­ ducted,.and protect-ed under the direct decrees of the Khedive of gressive course against our reserved rights. But I have always Egypt, confirmed by the firman of his suzerain, the Sultan of • supposed that this vital doctrine of the Democratic creed was in­ T1.ukev . tended for the protection of the rights of the States and their cit­ The original stock subscription was 397,438 shares of 500 francs izens within the Union, and were not limitations uponthepower each. Of this sum the Khedive of Egypt took 176,602 shares, of the United States to protect and defend the people and to pro-­ nearly half the entire stock, and gave the nght to the company to mote their general welfare in our dealings and relations with for­ demand from the Government the labor of the fellahin, or native eign peoples and governments. laborers, at the rate of 1t to 2 francs per day, with a ration of 1 As to these matters, I repeat I would very much regret to be ·piaster a day, or 4t cents in rice, sorgo, dates, and onions. At compelled to admit that the United States does not possess powers one time more tb.an twenty-five thousand of these people were at equal to t"twse of any nation in the world. • work on the canal. In the case of the United States Bank the Government owned a The British Government afterwards, in November, 1875, bought minority of the stock and the majority was owned by private citi­ the shares of the Government of Egypt for £3,976,582 and now has zens. This was, for this reason, a public corporation, although it the financial and military contl·ol of the entire canal. This canal engaged in the private business, even secret..busmess, of dealing was built under concessions to De Lesseps and a company he was in exchange, discounting notes, and collecting money on commis­ authorized to form under a decree of the Khedive, similar to that sion. formed under the laws of the United States by the 1\!aritime It was an instrumentality of government and was exempt from Canal Company, but not nearly so well guarded nor so just. The taxation by the States. This canal is to have a majority of its Khedive, in the first concession, retained the power to name the stock in the ownership of the United States as an asset of the Treas­ director of the company, in the Egyptian Government, chosen as ury. It is to have a majority of its directors appointed by the as far as possible from those most interested in the undertaking, President and confirmed by the Senate. Its business relates to and he also reserved to the Egyptian Government, yearly, 15 per the commerce and navigation of every nation of the earth. It is cent of the net profits shown in the balance sheet of the company. under the direct regulation of treaties with foreign powers. At This concession also provided that on the expiration of the con­ its council board of directors the official representatives of three cession at the end of ninety-nine years the Government (not the sovereign republics are assembled. In Nicaragua and Cosb Khedive) was to succeed to the company, enjoy all its rights, and Rica the Maritime Canal Company has t}le right to the exclusive enter into full possession of the canal. The same provision is in steam navigation of the SanJuan River. It is the owner of a body the concessions of Nicaragua and Costa Rica, with the option to of land more than 1,500 square miles in area in the State of Nica­ the canal company to extend the period to another term of ninety- ragua. It has the power to levy tolls on the ships of all nations nine years. ' passing through the canal, exemption from local taxation on all its The Egyptian concession also provided that no alterations could Importations for canal purposes, with the right to make and enforce be made in the statutes of the company (its by-laws and regula­ police regulations on and near the line of the canal and near all tions) without receiving the previous approbation of the viceroy. its works and appurtenances. With all these and other like T'.ae Suez Canal being entirely within Egyptian terdtory. it is powers, scarcely less than sovereign, there are still some who difficult to conceive of a case of more complete governmental con­ sternly persist in calling it a private corporation and in inveigh­ trol than was in that case exercised over the canal in all its stages ing against any" partnership of the United States with private by the Government of Egypt. These facts correct the assertion, owners of the stock of such a corporation. The point is not well sometimes made, that governmental contl·ol over such enterprises taken, because it is not tl-ue. Even if it were true, it would not be a is not necessary, and has not bee~ exercised in the case of the Suez worse form of interested concern in a private business thi:m is the Canal. encouragement and protection given by acts of Congress to the If the Nicaraguan Canal were built independently of the United manufacture of whisky in ol;der that revenue may be gathered States, with private capital alone, the only legal power left to us from its manufa<::ture and its sale under Government license and to control the conduct of the company is the power reserved to regulation. . amffil.d or repeal the charter. The concessions made by Nica,... The ownership of stock in this corporation is the sole method in ragua and Costa Rica belong to the Maritime Canal Company, and sight, or in contemplation, by whicb the United States can exert are not amenable to the power of the United States until the con­ an influence over the operations of this canal for the protection sent of the owner is given. That company can sell these rights to and benefit of the Government and people of the United States whom they please, except to some government, and the repeal otherwise than by forcible or hostile intervention with the nations of the charter would only dissociate the United States from all or the powers that will control it. control of the canal, and force the owners to go elsewhere for the I assume, upon the basis of experience, as well as that of unas­ corporate authority contemplated in the concessions, which they sailable logic, that it is necessary for the security of commerce, can now freely do, without any lawful power in Congress to pre­ and, consequently, of the peace of the great maritime powers, that vent them. the Suez Canal and the Nicaraguan Canal should be under the care It is evidently true that unless this canal is built with the aid and protection of some great maritime nation. The Suez Canal of a subvention from the United States we must abandon the is under such care from Great Britain, to which the acquisition of hope of opening this water way until we are wepared to acquire the Island of Cyprus and the occupation of Egypt are auxiliary from Nicaragua and Costa Rica such dominion in their territories •

-' 1894. CONGRESSIONAL RECORD-SENATE. 165. as we refused under the Frelinghuysen-Zavala treaty, fortherea­ first report upon it, made to the Senate, was unanimous, and the son, as I believe, that the Senate was apprehensive that. such a Senators who made it were from Maine, Vermont, Oregon, Louisi­ footing in Nicaragua as we acquired by that treaty was violative ana, Alabama, Georgia, New Y 01·k, and two fTom Ohio of different of the provisions of the Clayton-Bulwer treaty. political parties. That bill was far less restricted than the bill now So the future is hedged in, the past is irrevocable, and we must before the Senate. Further consideration and stronger pressure act now or abandon the canal to its fate. upon the owners of the concessions to meet objections that have To abandon this canal now, when the door to its success stands been urged against the measure as being a means of enTiching the so invitingly open, is a responsibility that I am unwilling to as­ pTomoters of the canal have induced their harsher treatment. sume, and is a dereliction that I fear our people will not forgive. I will state again that this measure had its origin in no request The present situation, that separates our coasts on the Pacific and of the owners of these concessions for Government aid, OT for any Atlantic oceans by 15,000 miles of dangerous navigation, which form of legislation. It originated with a resolution of the Senate, can be overcome or lessened by two-thirds by the investment, at which was addressed to the inquiry whether the canal was beiilg a profit and without danger of loss, of $70,000,000 of our credit, built by the Maritime Canal Company at a cost that would neces­ will become a lasting discredit to this generation if we do not at sitate too heavy a burden, in canal tolls, upon the industries and least attempt to alter it. corinnerce of the country. The inquiry developed the fact that The shortening t-f our coastwise line of traffic between the At­ this apprehension was true; but that it resulted from the fact that lantic and Pacific States would alone demand the expenditure of no set of individuals could obtain from capitalists so great a sum such a sum without the hope or expectation of other advantage of money on the credit of the canal company and its property with­ to come from it. We have taught the Oriental nations the use of out heavy rates of interest and large issues of bonds, backed by larg-e naval power in great steamships of war, and so formidable are issues of its stock. All this wa-s the usual course of business m they upon the ocean that itbecomes us toduplicateourNavyin the enterprises of such magnitude. No such work could be done with­ Pacific Ocean. The trade of that ocean is eagerly sought after by out such sacrifices. There was not, and could not be, any dishon­ all the great maritime powers, and the completion of the Siberian esty or reckless speculation in the matter. railroad, now well advanced by Russia, will make our interests It was obvious to all that the poweT of Congress to amend or in the west as important as they are in the eastern waters. We repeal the charter, if exercised in hostility to the Maritime Canal alreadyhave moreneedof fleets in the Pacific than in the Atlantic Company, would w.reck the company, destroy the enterprise, foTce Ocean. With this canal we could move our ships of war upon the forfeiture of the concessions, and lose to ouT citizens as much short lines with abundant fuel, and concentrate a fleet in three as $4,000,000 actually expended, besides great personal risks they weeks upon our western coast that we could not assemble in three had incmTed on account of the canal and a vast amount of labor months by doubling Cape Horn. performed by many of our first citizens. It was equally obvious In case of war with any transoceanic power we could certainly that our intervention in the matter would seriously affect the occupy the canal or the adjacent waters sooner than they could. credit and prospects of our own people in this great work unless Our proximity to and interest in the canal would give to us a Congress should agree to substitute tlie credit of the United States moral pow~r in this hemisphere that would keep the peace in all for that of the company and give to the Government the powers America against domestic turbulence and foreign assault. Our of a holdeT of a majority of the stock and a majority of the direct­ just influence in the commerce of the Western Hemisphere would ors in the corporation. then speedily ripen into richer harvests of profitable trade than all This plan could not be carried out until the company should that we now enjoy. New York would then become the commer­ cancel every outstanding contract and obligation connected with cial clearing house and mart of exchange, at least for American the canal except the concessions. merchants, if it diq not find that in its march to the west the This precedent necessity CTeated a difficulty that the Maritime empire of commerce would establish its throne in that metropolis. Canal Company found it hard to meet. But they undertook to It may be as well to state a few particulars as to the cruises of make provision for it in a way that is highly creditable to their our war ships, which would show a great economy in the cost-of patriotism and in keeping with an honorable ambition to accom­ fuel and in saving time in their voyages in the naval service if the plish this grand work, in which our whole people have a just Nicaraguan Canal was opened. I will append to my remarks a pride and the hope of great national growth in poweT. letter addressed to me from the Navy Department, which sets It is true that we have that company in a situation where we forth a list of six of our war ships that sailed :from our Atlantic can, by an indirection, confiscate their propeTty and convert its ports, and one from Gibraltar, during the past year. Four of them value into money in the Treasury and into a capital that will, in sailed around Cape Horn and two went throuO'h the Suez Canal. the indefinite future, yield great profits to the Government and Three ships -went to San Francisco, two to Yokohama, and one to great advantages to the people; or we can, by mere indiffeTence Honolulu. to the canal project, abandon them, with ruined credit and wasted A table carefully compiled on data furnished from the logs of money, to their fate. Neither course is just or necessary, and I these vessels shows that if they had passed through the Nica­ appeal to the justice of Congress that they shall J;l.Ot suffer wrong raguan Canal, instead of doubling Cape Horn or passing through at our hands in ordeT to gratify unjust suspicions against them the Suez Canal, the saving of time, at the same rate of speed, which are utterly without foundation in fa.ct.- The expenditures would have been two hundred and twenty-seven days for the six and the obligations of the Maritime Canal Company, for which vessels, or a fraction less than thirty-eight days to the ship. they must provide, in addition to the cancellation of their con­ Calculating the coal consumed on these voyages at the average tract with a construction company for building the entire canal, cost per ton that was paid for it, and the saving would have been are as follows: $93,836.06 in that item, or $15,638 fgr each ship for a single voyage. The amount actually expended in construction and for machin­ Passing through the route of the Nicara.guan Canal the cost of the ery, mate1ials, houses, railroad and telegraph lines, docks, wharves, coal consumed on these voyages would have been $28,906.19. breakwater and sea wall, and other necessary expenditures by the Steaming coal at Grey Town should cost not exceeding $5 per ton, canal company, is estimated in both bills at $4,500,000, and each which would give a profit to the collier of $2 per ton, but the cost bill provides foT that sum as a maximum, that may be reduced of the coal consumed on these six ships on these voyages ranged on an accounting with the Secretary of the Treasury. The out­ from $2.96 per ton at New York to $13.13 at Montevideo, 810 at standing obligations of the Maritime Canal Company, which both Saigon, $10.38 at Hongkong, $16 at Callao, and $21.50 at Acapulco. bills require them to take up and extinguish, are as follow~: The pay of ships' crews and other very heavy expenses of steam ships of war for two hundred and twenty-seven days is an addi­ ~~~ ~i~ ~~~ ~~k-~======~======~~ =::::::::~::::::~======:::::::: s~: ~M: ~ tional loss to the service in efficiency of great moment. Such de­ Stock paid ~or concessions to the owners ______------.------··- 12,000,000 lays, involving such heavy expenditures for fuel, must leave the - ~~~ carrying trade to and from our Pacific Coast -to sailing vessels and Bonds ISSued for work_-_--· __ .··- ____ ---·_-·-- ___ ..• ______-· ..• _-~-_.___ 6, 855,000 the monopoly of railroads. Here this great subject widens, until it seems to comprehend the advancement of every American in­ Total obligations for stock and bonds outstanding------····- 23,063,~ terest, and to arouse the proud hopes of every American citizen. The reitnbursement of these expenditures and the means of ex­ The general welfaTe of all America will be advanced with a mighty tinguishing these obligations, all of which were made in good faith progress by this canal. With one accord, in every quarter they and on the best conditions possible, in theinaugurationof this im­ raise their hands in imploration to Congress, and with united ac­ mense enterprise, should be provided for in a spirit of just liber­ claim they demand that we shall work while it is yet day for this ality. This is not done in either bill. No care is taken of the­ great national blessing. $6,000,000 stock reseTved to the grantees in tlie original concessions, This subject is so national and so international in its character and the $12,000,000 of stock issu~d to the owners of the conces­ that it has never been dwarled to the character of a mere party sions in payment for their property is wiped out, even on the terms question. The national conventions of both the great political par­ of the Senate bill, which provides $11,500,000 to pay $23,068,500 of ties of the country since 1856, and our Presidents and great states­ their outstanding- obligations. men long before that time, have been anxious foT this woTk to be­ The investigations made by the Senate com..lllittee into the con­ gin. As om· territory has expanded to the westward, it has become dition of the canal and of the opeTations of the Maritime Canal the earnest desire of every patriotic and impartial American. The Company did not extend, except incidentally, to any of the affairs ..

.166 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 10,

of the construction company. No recommendation of a subven­ there and to look after the washing of the hills and the filling up tion was possible to be made, only upon the condition precedent of the bay at Grey Town. He discoYered that the material which that all outstanding contracts of the Maritime Canal Company was borne out by the flood waters of the Colorado River was fur­ should be extinguished. The committee inquired as to the assets nished from the detritus of extinguished volcanoes, and that, in­ of the company that would pass to the company as it is reorgan­ stead of its being sand or mud, it was simply crushed stone; it was ized under this bill, and the debts and obligations that the Mari­ lava crushed up. time Canal Company would have to extinguish under its provi­ This lava was light enough to be borne by these heavy currents sions. of water and to be distributed under the pressure of the wmds The following statement i

l894. CONGRESSIONAL REOORD-SEN.ATE. ·167

Stat-es of furnishing coal-propelled steamers which will go around Atlantic, and passing through the Mediterranean and the Suez Canal, must then round alrilost the entits continent of Asia before they can reach Japan; the centl·al belt of the whole world in their travels. but, without the canal, European ships .have all the advantage. The area of all the valleys which are drained by the rivers of Europe that A rep~rt of United Sbt.es Con:;ul-G-enercl Mcivor, at Kanagawa, upon the empty into the Atlantic, of all the valleys that are drained by the rivers of cotto.n trade an~l industry of Jn.u:m, containa some interesti..ng information. Asia which eml?ty into the Indian Ocea.n, and of all the "Valleys th&t are drained According to the rcpo:rt there-arc in operation in Japan 1,000.000 s-pindles. by the rivers of Africa anu Europe which empty into the "Mediterranean, does Little if any cotton is produced in the Empire, and all th:l.t is used is imported. -not cover an extent of territory as ~reat as that IDcluded in the valleys drained Sine>} July 1, 189±, cotton is admitted duty :l'ree into Japan. Raw cotton, otJwr by the American rivers 2.lone which disc.harge themselves into om· central th:m American. i:! bought fol' mr.nufaeturing -purposes in EgYJ>t, India, and sea. Never 'wEts there such a concentration upon any sea of commercial re­ Cltin."!. In the .Il.lllJlufacture ol.' the fabric a certain proportion of the cotton, sources. NeTel' was there a sea known with such a back country tributary varying, according to the grade of the goods to beturnedout,from30to55per toi.t. cent, must be long staple. The Indian and Chinese cottons are short staple. The Egyptian is a very long staple, too long to be used in "\he ordinary S}!in­ To this I will add an extract from an article in the North Amer­ ning machinery without preparation in another an.d a s-peCial machine. The ican Review for February, 1881, written by GeneTal Grant: production of EgYJ>tian cotton is limited, and the wholesale price iS fr·om 15 The States of North and South America lying along the Pacific furnish in to :?0 per cent higher than that of our cotton. Japanese manufacturers are large abundance those commodities which are const.e.ntly supplied with mar­ ~ach year improvin~ the ~rade ~f their cotton ~abi1cs. a.nd are thus demand- kets in almost every country of Euro-pe. Of guano and niter the tr&de is im­ ~g th~t'~ lb1~o~~Ji~ t~eii?'~~l::e~o!~~~~:f~ 1~ the only long-staple cot- mense. From the ports of Chile nearly 400,000 tons of freight am shipped eastward annually. More than 1,000,000 tons of grain are shipped each yen.r And yet tile people of the United States, with all their claims to be enter­ from the Pacific States and Terrr..ories. There is no doubt that more than plising, :;;,re not able to carryon a direct trade with Japan in the most promi· 4,000,000 tons of merchandise find their way from these regions to the El.l.St, nent of American staples, but mu~t let foreigners do all the c:1rrying, allow and require water communic.."ttion in order that they may be shipped econom­ foreigners to sell at second hand .md. make all the profits1 permit foreigners ically and profitably, and this is merchandise to which railway tran.sporta-' to make all the marine insur:n.ce, and, in fact, control -&he trade in a com­ tion across the continent is wholly ina-pplicable. The great wheat crops of modity which, to the American feople, ought to be a large source of income. California and Oregon for instance, find their way to Liverpool around Cape The road out of the difficulty J.S to build the Ameriron Ship..CanaJ., and to Horn at the freight rate of 50 cents per bushel, a rate which would not carry permit the people of the United States to buy ships in the cheapest market, it by rail ho.lfway to Bruton or New Y m·k or Philadelphia, to be there shipped and to sail them under the United States flag. It is all well enough to boast to its European destination. about American enter-prise; but, for all that, our people sit down content to In addition to the commerce of the North and South American ports re­ let foreigners control their markets and carry all their commerce. It is tinle ferred to, there may be estimated also the advantages which would accrue to to be gatting a move on us. the trade of Australia and tho remote East Indies bmmd to Great Britain, n.nd The pending measure contains the most careful provisions to w'hich would undoubtedly add 1,000,000 tons to the frci(5ht seeking a pal'sage 1;hroughthe canal. When we consider tho time and distc.nce saved by the l)revent all possible combinations for speculativ-e profits, or for canal :l'or this vn.st amount of merchandise 1)y aToiding the passage around any abuse in estimates or expenditures. Some of these are prob­ Ca-po Horn, t>.n(1 the importancem these days of rapid transit and of a ready ably unnecessary; but, so far as I am concerned, I will adopt any app1"oach to a destined market, we ca.n ba.rilly understa.nd the value of the en­ :terprise to producor and shipper :md consup::ter alike. Leaving out of con­ suggestion that will give better guaranties for the honest, faith:. sideration tJw d&ngers alld del&ys of the cap~, we should net forget that by ful, wise, and economical administl·ation of the money to be ex- the canal now proposed the dist::mce from New 'Y'ork to Hongkong is short­ pended in this work · ened 5,870 miles; from New York to Yokoha.ma·, 6,800 miles; from New York to San. Franci-;co, 8.600 .miles; from New York to Honolulu, 6,980miles; from 11iy purpose at this time is to present to the Senate and the Liverpool to San Fr.1ncisco, 6,0C5 miles, and from Livel'pool to Callao, 4,374 country the leading features of this measure., and to invite fair and m.iles. And we need no longer question the valao of an interoceanic canal just criticism of its merit.,;. I have tried to do this a-s briefly as I on the Weste!'Il Continent, as we have long since ab::mdoned all doubt of the could, and with a dispassionate ~nd; dealing with these great :value of the Suez Canal to the cmnmerce of the nations af the East. 1 To Europeans the benefits and ad 'Vantages of the proposed canal are great; facts as impartially as I could, while greatly .aroused by the maj-· to the Ameri~ns tbey are:inCBlcnlable. Forming, as a canal properly organ­ esty of the subject and the importance of this crisis in the histm-y ized and constructed would, n. p&t of the coast line of, the United Sta.tes, it would increase our commerciaJ. facilities beyond calculation. Interfering of our actions as to the Nicaxaguan Canal. in no wo.~ with the interests of tho.se lines of railway which connect the If this Congress or the next shall fail to take this subject at its Atlantic States with the Pacific, but tending rather to stimulate t\nd increase present advantageous situation and to push this canal to comple­ tlle activity out of which their traffic grows, it would cheapen all staple trans­ tipn, the error will be fatal in the waste of an opportunity that port.'l.tion and add ·vastly to the ease a-ud econotny of -emigration from the East to the farms P..nd mines of the Pacific Elope. will be irreclaimab1e once it is lost. From the moment that we abandon this occasion for completing our political and commercial I will now call the attention of the Senate to a letter Hdch·essed geography as to our seacoast connections and secuTing our just to me by the late Senator Joseph E. Brown, of Georgia. RiB advantages by accepting this providential invitation, we shall wit­ wisdom in all financial affairs is fully app1·eciated by the people ness that loss of prestige which, when snrrender€d to inesolution, of the South, who will hear his opinions with profound respect. marks the first step in a nation's decline. Writing to· me on the 15th of January, ~891, when he was con-' fined in Atlnnta by sickness and could not get here to sign the Nations, like men, will shrink and decline when they fail to grasp firmly the opportunities for success and use them to the uttermost. ... fi'rst r€port made by -the Committee on Foreign Relations on this The world understands the decadence of national power to be al­ measure, he said: ways indicated by the loss of proper enterprise and fortitude... We I think the opening of the interoceanic can..'ll through Nicaragua the most im:rortant enterprise of this generation, and I cordially approve of the-states­ shall not be misread, if we fail of this great demand upon our manlike course of yourself and other Senators who hase taken the lead ill couxage and steadfastness, as a people,.and, in time, we may be­ this matter. It seems to me the United States should not neglect her oppor­ come to this enterprise what Egypt is to the Suez Canal; the im­ tunity to ban~ the canal completed within a reasonable time, and to have virt'.er­ subject of .American~otton in Japan: intendent of the Coast Survey, and theChief of the Naval Bureau of NaVJ.ga- One of the most important commercial arguments in favor of the early building of the Nicaragua Ship Canal is that it would vastly facilitate the ~0rh!At=?;~~~ep~~i~~c~a~~~~~~~~i'i~~~':~~:~~:~~ American cotton trade with Japan. who filled the positions named and served upon the Commission were Gen. Japan has 40,t:XXJ,OOO people, who chiefly wear cotton clothing, and the manu­ A. A. Hum.phreys, Supt. C. 1?. Patterson, and Commodore Daniel Ammen. facture of cotto,p goods IS, ;perhaps, the largest industry of the Empire. A The com.ID.J.SSion was mstructed to examine into and to make reports and very large amount of American cottoni,simportedinto Japan; but, strange to suggestions npon the subject of inter oceanic canal shi-p communication. say, it is never bought in this country, but always in Liverpool and London. After the first of these surveys was completed, Maj. Walter McFarland, The people of the United States have no ships of any account, and if they Capt. William H. Heuer, and Prof. Henry Mitchell, of the United States Coast bad they could not compete with foreign vessels in carrying frei~ht to Asia, Survey, were, at the instance of the commission, appointed to.make a further unless our ships had a Shorter route. This would be the case if the Nica­ examination of the route at Darian and at Nicara~'l, and to report thereon. ragua Canal were built and in use. Then ships loaded with cotton sailing Comma:n.der Lull made a further survey of the Istnmus of Panama, and Lieu­ frOm New Orleans, or other Gulf port8, through the canal, and thence across tenant Collins of what waskn.owna~the Atratro-N apipi route. There various the Pacific Ocean, would have a great advan~e over those which cross tlle surveys were completed and reporfs submitted to the co:znm.ission. The last. 168 CONGRESSIONAL · RECORD-SEN-ATE. DECEMBE.R 10, report, that of Lieutenant Collins, was dated December ID, 1875. On the 7th I presume, Mr. President, there is not any very great amount of February, 18i6, the commission reported to the President as follows: "The route known as the • Nicaragua Route'. beginning on the A-tlantic side of difference of opinion among the people of this country, taken as at or near Greytown; running by canal to the S:m Juan River; thence follow­ a whole, in regaTd to the propriety of the construction of that ing i:;a hft bank to the mouth of the San Carlos River, at which point naviga­ great work, The one question, however, that will attract atten­ tion of the San Juan River begins, and by the o.id.of three short canals, of an aggr.:;gate length of 3.5 miles, rea{!hcs Lako Nicaragua; from thence across tion, and doubtless will attract attention here and be discussed at tho lake and through-tho valleys of the Rio del Medio and Rio Grando to length perhaps in the Senate and in the other House, is as to the wh.a!; is known as a port of Brito on the Pacific coast, possesses. both for the extent of the control which the United States will have over the construction and maintenance of a canal, greater adv:mtages and offers fewer d.ifficulties from engineering, coinmercial, and economic points of view than canal after it shall have been constructed. So earnestly am I for any one of the other routes shown to be practicable by surveys sufficiently in one in favor of the early construction of this great enterprise, that, detail to enable a judgment to be formed of their relative merits, as will be so far as I am concerned individually, I am disposed to defer to briefly presente:l in the appended memorandum." the judgment of this able committee, and to follow them in what­ HISTORICAL REVIEW OF EXPLORATIONS MADE BY OTHERS TllAN THE UNITED ever they believe to be the right thing and the best thing that can STATP..S GOVERNME!\"T. be done in regard to the matter. A brief summary of the numerous explorations which have been ma-de will But, if it is agreeable to the Senator [Mr. MoRGAN] who has show how general and widespread was the interest in the subject. 1m. Survey of Tehuantepec route by .Antonio Cramer and Miguel del Cor- just -ta.ken his seat, I should like to ask a question or two in or­ ral, under oruers from Spam. . der that we may understand precisely where we are. The bill, I 1780. British expedition to take possession of the Nicarauga Canal route . understand, provides for the issuance of a hundred million dol­ .After tho capture of Castillo Viejo the enterprise was abandoned. lars of stock. 1781. E~loration of the San Juan River, Nicaragua, bdt Manuel Galisteo, Mr. MORGAN. It is limited to that amount. ~~:~ ~ Ml: ~~;?~~=tio~~ th:sc!~~wed by an or er of the Spanish Mr. :MITCHELL of Oregon. It is limited to that amount, 180!. Baron von Humboldt's investigation.. 182-L Exploration of Tehuantepac by General Orbegozofor the Mexican Gov­ $'70,000,000 of which are to go to th~ United States as paid-up ernment. stock: Six million dollars of it are to go to the Government of 1826. Surveys of t}J.e Nicaragu.3. route for Governor De Witt Clinton, of New the Republic of Nicaragua. York, and associ3.tes. 1827. Survey at Isthmus of Panama by Engineers Lloyd and Falcmar by ~fr. MORGAN. Under the concessions. order of General Bolivar. Mr. Lloyd recommended the adoption of a line :Mr. MITCHELL of Oregon. Under the concessions; and one substantially that finally chosen for the Panama Railroad. - million and a half lmder the concessions to the Government of 1838. Survey of the San Juan River and Lake Nicaragua route by Lieut. John Bailey for the Government of Central America. Costa Rica. Then $7,000,000, or at least a sumnotexceeding $7,- 1842. Survey of Isthmus of Tehuantepec by Don Jose de Garay, 1mder a con­ 000,000worthofstock,togetherwith$4,500,000worthofbonds,areto cession from the Mexican Government. be i;:;sued to the Maritime Qanal Company, incorporated, or at least 1843. Surve~ of route between Porto Bello and Panama by Napoleon Ga.­ the incorporation of which is extended by this bill, in order to en­ rella for the French Government. 1848. Surveys of the Nicaraguan route by Dr. Andreas Oersted, of Copenha­ able them to cancel their indebtedness, as I understand it. That gen, who published a map. is to say, that amount-not exceeding $7,000,000 of stock at its par 1840. Explorations of Isthmus of Darien by Dr. Cullen. value-are to be issued to such persons or corporations as may be 1849. Survey by Col. George W. Hughes of route for the Panama Railroad. This survey and the line of railroad constructed was the basis upon which designated by the Maritime Canal Company and which shall be construction of a canal at Panama was commenced by M. de Lesseps. approved by the Secretary of the Treasury for the purpose of en­ 18.Jl. Survey by Col. 0. W. Childs, of Philadelphia., of the San Juan River, abling such company to take up, cancel, and extinguish all issues Lake Nicaragua, and Brito route, made for Cornelius Vanderbilt and associ­ ates. This was the first survey that fully conformed to the requirements of of its sto~k heretofpre made, except those made to the Govern.­ engineering science. me11ts of Nicaragua and Costa Rica, and all outstanding obligar 1851. Survey of the Atratro-San Juan. routt}, parien, by J. C. Trautwine, for tions for .stock, bonds, or bond scrip heretofore enterEfey of the same and of the Atratro-Truando route, by Porter said company, while the $4,500,000 in bonds are for the purpose of and Lane, completed by Captain Kennish, at personal expe:nse of Frederick liquidating such amount as by the Secretary of the Treasury may, in M. Kelly of New York. an aceount to be stated with such company, be found to include 1801. Survey of route between Caledonia Bay and the mouth of the Lara River, by M. Dourdiol for the Societll d'Intudes of France. - all necessary and proper expenditures made by the Matitime Canal· 1864. Survey of the San Bias route, by McDougall, Sweet, Foreman and Company since June 3, 1889, in and about the construction of the Rude, for Frederick M. Kelly and his associates. Nicaragua Canal or incident thereto, or including the railroad and 1861-'65. - Explorations by De Puydt, Gogorga de Larcharme and Flachat telegraph lines built by such company. of the line between the Gulf of San Miguel and the Gulf of Urn.ba or Darien, under French auspices. Many of these surveys or explorations were made Then the proceeds of the balance of the stock, as I understand, in connection with concessions granted for the construction of a canal. some $15,500,000-which stock is to be sold by the company at THOROUGH INVESTIGATIONS W.A.RR.A....'IT CONCLUSIONS OF COMMISSION. such time or times and for such price or prices as the company From this and the preceding statement of explorations made directly under shall determine, but only for cash and not for anything less than the ~ntrol of the United States Government, it will be seen how thorough par-are to be applied exclusively to the construction of the canal. the investigation of the whole Isthmian territory has been, and what data were at the command of the United States Commission which reported the Then, there is a provision that of the fifteen directors provided "iNicaraguan Route * * * possesses both for the construction and main­ for under the old bill, if I understand it aright, ten of them shall tenance of a canal, greater advantages and offers fewer difficulties than any hereafter be appointed by the President of the United States, by of the other routes," etc. Seep. 4. and with the advice and consent of the Senate. REGENT SURVEYS FOR .A.N INTER-OCEANIC CANAL. The question, then, after this premise, which I desire to ask the · Following the report of the commission and between October, 1876, and 1\.Iay, 1879, partial surveys of the Darien and Panama territory were made by distinguishe<.l chairman of the Committee on Foreign Relations is Lieuts. Wyse and Reclus of the French Navy and a number of French and this: .Are the United States to look solely, in order to determine two Columbian engineers on behalf of the Societe Internationale de Canal the extent of th'e control of the United States over the canal after Inter-Oceanique, and in the following year the construction of the Panama Canal was recommended by the canal congress at Paris, organized under the it shall have been completed, to the two facts, first, that they hold auspices of the owners of the Wyse concessions, this notwithstanding the op­ $70,000,000 of the stock, and, secon

it can get to the question without a violation of the sovereignty Mr. DOLPH. Will my colleague allow me a moment? of Nicaragua and Costa Rica and without an infraction of the Mr. :MITCHELL of Oregon. Certainly. Clayton-Bulwer treaty or a departure from it, if it is not in exist­ Mr. DOLPH. Section 14 of the bill under consideration pro­ ence or if it is not worthy of recognition. vides "That all the rights and powers reserved to Congress by Mr. MITCHELL of Oregon. That is the construction I placed section 8 of the act to which this is an amendment are hereby re­ on the Senator's remarks, and that is why I am asking the ques­ served, and shall apply also to this act." Section 8 of the act re­ tions I am now propounding. We are to, understand, then, in t?e ferred to provides "That Congress shall at all times have power first place, as I understood the Senator, and a~ I understand hrm to alter, amend, or repeal this act, when in its judgment the now, that there is something either in our treaty with the Gov­ public good may so require." So there is nothing, even by impli­ ernment of Nicaragua, or in our treaty With the Government of cation, in the original act or in the pending measure which pre­ Costa Rica, or in the Clayt{)n-Bulwer treaty, or there is something vents any future legislation by Congress assuming any larger in some treaty that we have, or perhaps more than one, with so:ne powers over the canal project than are to be exercised tmder • other of the nations of the world, or there is something growmg this bill. out of the neighborly relations that one government owes to Mr. !diTCHELL of Oregon. I do not wish to be understood by another, which would prevent the Congress of the United Sta;tes anything that I have ·said to convey the impression that the com­ in passing this bill from placing in the body of the bill somethmg mittee had not in the preparation of this bill gone just as far as it more in the way of guaranteeing and securing control over that was possible under all the circumstances, whatever they may be, great enterprise to the United States than is to be found in ~he in providing that the Government of the United States shall have bill, namely, the holding of $70,000,000 of stock and by havmg control over this work after it shall becompleted; but I did think, two-thirds of the directors. and I still think, that if that has been done, as I sincerely trust 1\fr. MORGAN. If the Senator will pardon me a moment, I it has, it is a matter which should be pointed out clearly ana dis­ will point him to an illustration upon the very point he is now tinctly to the people of the United States, and I think it should be making, which has arisen in our own history, and about thissame u:r;~.derstood by the people of the United States that the provisions transaction. • of the bill as they stand to-day, if it is to become a law, go to the Under the Frelinghuvsen-Zavala treaty the Government of Nica­ extent of authorizing the United States to regulate the tolls on this ragua did·not become a subject power to the United. States; we canal in time of peace and to exercise absolute control in case ~f did not become a suzerain over that Republic, but we a.cquired a war. certain sovereign right to a certain area of territory-! think 12 Mr. DOLPH. Mr. President, I design to make some remarks miles wide, if I rememberthearea-runningthroughoneitherside upon the pending measure. It is not important whether they are of the axis of this canal, which was questioned in the Senate of the made this evening or on some other day. I am not so particular United States upon two propositions. The first was as to its direct about having an audience as I am about having the consideration effect upon the engagements of the Clayton-Bulwer treaty. of the bill hastened in the Senate. The Senator from Tennessee, Some people said that the treaty was of no value; that it had I thinlr, desires to make a motion for an executive session or an. been abrogated; that it had been departed from. Others said it adjournment. Having taken the floor, and being recognized on was in force. But conceding that it was in force, the Frelinghuy­ the bill, I am quite willing to suspend, if that is the desire of the sen-Zavala treaty, according to the impression of the Senate and Senate. the vote of the Senate, was in the way of our making that engage­ Mr. HARRIS (Mr. PLATT in the chair). I rose for the purpose ment With Nicaragua. But the other point is that no govern· of asking the Senator from Oregon if he would yield to a motion ment, not by treaty armngement, but under the laws of nations, to proceed to the consideration of executive business. has the right to invade the territory of -another nation or to assume Mr. DOLPH. .I will yield. jointly with it the exercise of any of its sovereign powers within Mr. HARRIS. I make that motion. its own territory, unless indeed it absorbs it and becomes respon­ The motion was agreed to; and the Senate proceeded to the con­ sible for its political actions to other nations of the earth, as the sideration of executive business. After eleven minutes spent in Five Civilized Tribes, which devolve a responsibility for their executive session the doors were reopened, and (at 4 o'clock and conduct upon the United States Government, although we have 27 minutes p.m.) the Senate adjourned until to-morrow, Tuesday, given them a certain sort of autonomy within our own limits. December 11, 1894, at 12 o'clock m. Now, it was that featureandnotthetreatyengagementbetween Nicaragua and Costa Rica and the United States, against which NOMINATIONS. the Senate of the United States was unwilling to proceecl to a con­ clusive arrangement, as provided in the Frelinghuysen-Zavala ExectLtive nominations received by the Senate Decernhe1· 10, 1894. treaty. We stood back and refused to move to the front when we UNITED STATES ATTORNEY. found that we were barricaded in our way by this great principle of John C. Black, of lllinois, to be attorney of the United States for international law, which made it incumbent upon us that if we. took the-northern district of Illinois, vice Sherwood Dixon, deceased. so much power from Nicaragua within the limits of her own doma.in PASSED ASSISTANT ENGINEE_R. we should come out with the consent of Nicaragua and say we are responsible for you in every particular. I remember that the Assistant Engineer Charles E. Rommell, to be a passed assistant President of the United States in his messa.ge withdrawing that engineer in the Navy from the 12th of September, 1894, vice Passed tTeaty intimated very clearly, if he did not say distinctly, that his Assistant Engineer William H. Nauman, promoted. objection to it was that it formed an entangling alliance with a POSTMASTERS. foreign state which was contrary to the usage and traditional con- Charles H. Giller, to be postmaster at Osawatomie, in the county duct of the United States Government, to all the 11!-a.xims of gov- of Miami and State of Kansas, in the place of Stanley H. Polley, ernment in this country that we have always abided by and have whose commission expired December 6, 1894. cheerfully obeyed. That was his reason. Henry Joint, to be postmaster at Norton, in the county of Nor- Now, it is a point of very great importance, it is one upon which ton and State of Kansas, in the place of John W. Graves, whose very much of the merit of this bill rests, that through the medium commission expired December 6, 1894. of these concessions, which are very wisely and very ably and dis- Robert G. Henry, to be postmaster at Cambridge, in the county tinctly and clearly drawn, the Government of the United States of Dorchester and State of Maryland, in the place of James H. C. has the express permission to assume as a stockholder in this cor- Barrett, whose commission will expire December 13, 1894. poration the control over the property and management of the Frank E. Doremus, to be postma~ter at Poi·tland, in the county corporation, and that is as close as we can possibly get to that of Ionia and State of Michigan, in the place of Franklin M. subject without what I might call an invasion of the sovereignty Cutcheon, ·deceased. of Nicaragua and Costa Rica. Martin N. Hine, to be postmaster at Lowell, in the county ot Then, again, Nicaragua. and Costa Rica, having made these con- Kent and State of Michigan, in the place of Leonard H. Hunt, cessions to our own citizens, our citizens with our consent having whose commission will expire December 13, 1894. expended their money in that country upon the concessions, those Charles McNamara, to be postmaster at Tower, in the county two Governments are bound by them absolutely to our citizens. of St. Louis and State of Minnesota, in the place of Samuel Owens, and if they should violate them it is our duty. not by virtue of any whose commission will expire December 18, 1894. treaty, but by virtue of international law, to see that they are not W. H. Cecil, to be postmaster at Mount Vernon, in the county robbed of·their rights by those people. 8{) Nicaragua and Costa of Lawrence and State of Missouri, in the place of James H. Rica have absolutely barricaded the way in front of them (so long Matthews, removed. as the concessions remain and they are claimed by the concession- James W. Williams, to be postmaster at Warrensburg, in the aires) to making any other overture whatsoever, or any progress county of Johnson and State of Missouri, in the place of Ira A. .. in the direction of getting the assistance of the Government of the Day, whose· commission expired December 6, 1894. ~ United States in the building and control of this canal, except only _ Benjamin Hilton, to be postmaster at East Orange, in the that which was disclosed and provided for very carefully in the county of Essex and State of New Jersey, in the place of Lowis concessions. McCloud, removed. .. 170 CONGRESSIONAL- RECORD-HOUSE. DECEMBER 10, W. Conover Smith, to be postmaster at Keyport, in the county :MILITARY ACADEMY. of Monmoutn and State of New Jersey, in the place of Benjamin The SPEAKER laid before the House a letter from the Acting A. Lee, whose commission expired September 27, 1894. Secretary of the Treasui·y) transmitting an estimate of appropria­ Robert B. Barrett, to be postmaster at Washingtonville, in the tion, submitted by the Secretary of War, for buildings and grounds, county of Orange and State of New Ymk, in the p1a.ce of Marvin :Military Academy; which was ordered to be pTinted, and referred R. Denniston, removed. to the Committee on Military Affairs. Henry J. Bue.ll, to be postmaster at Holley, in the county-of Or­ leans and Stat-e of NewYork,in the place of JamesP. O'Brien, de­ W~ T. HOLLL."'\GSWORTlJ, DECEASED, VS. THE UNITED STATES. ceased. The SPEAKER laid before the House a copy of the findings of John S. Edwards, to be postmaster at Sayville, in the county of the Court of Claims in the case of W. T. Hollingsworth, deceased, Suffolk and State of New York, in the place of W. N. Ray-.abr., 'I:S . The United States; which was ordered to be printed and 1·eferred • whose commission expired October 1,1894. - to the Committee op Wa:r Claims. James Halligan, to be postmaster at Canajoharie, in the county C.ALL OF CO:MMITTEES FOR REPORTS. of :Montgomery and State of New York, in the place of Charles W. Scharff, whose commission expired June 14,1894. The SPEAKER. The Clerk will call the committees for reports. De Witt C. McKeel, to be postmaster at Farmer, in the county The committees were called for reports. of Seneca and State of New York, in the place of Emmett C. Grant, BRIDGE ACROSS TilE 11IISSISSIPPI RIVER ABOVE' NEW ORLEANS. removed. Mr.l\I:A.LLORY, from the Committee on Interstate and Foreign George H. McKinley, to be postmaster at Clayton, in the county Commerce, repmtecl favorably a bill (H. R. 8079) to amend the act ·of .Jefferson and State of New York, in the place of Solon R. John- entitle(\ "An act to authorize the construction of a bridge across son, whos~ commission expired September 30, 1894. . the Mississippi River above New Orleans," approved January 26, Thomas A. Ril~y, to be postmftster at Ticonderog~ in the co'unty 1893; which was read a first and second time, and, with the accom­ of Essex and Stat-e of New York, in the place of Alex. H. W eecl, panying report, ordered to be printed and referred to the House whose commission expired December 9, 189±. C~lendar. William R. S. Smith, to be postmaster at Hempstead, in the STEAMERS CLARIBEL AND ATHOS. county of Queens and State of New York, in the place of John S. Snedeker, removed. lilT. BERRY. from the Committee on Merchant .~Marine and John C. Van Dyke, to be postmaster at Stamford. in the county Fisheries, repoited favorab1y a bill (S. 1?06) to provide registers of Dalaware .and State of New York, in the place of J. K. Grant, for the steamers Cla1'1.'bel and Athos; which was read a first and whose commission expired December 9, 1,894.. . second time, and, with the acuompanying report, ordered to be Winfield S. Watson, to be postmaster at Farrport, m the county printed and referred to the Hon8e Calendar. of .Monroe and State of New York, in the place of Smith Wilbur, YOSEMITE NA~IONAL PARK. Temoved. 1\fr. HARE, from theCommitteeon the Public Lands, reported a Percy C. McCord, to be postmaster at Lewisburg, in the county bill (H. R. 7872) authorizing in certain cases the Secretary of the of Marshail and State of Tennessee, in the place of Robert H. Hayes, Inte-ior, with the awroval of the President, to alter the bound­ removed. aTies of the Yosemite National Park, a forest reservation in Cali­ W. S. Rowa1·d, to be postmaster at Beeville, in the county of fornia; which was read a first and second time, and, with the .Bee and State of Texas, in the place of Mary E. Johnson, resigned. accompanying repm·t, ordered to be printed and referred to the Eugene B. Chase, to be postmaster at Derby Line, in the eounty Committ~e of the Whole House on the state of the Union. of Orleans and State of Vermont, in the place of Jerome T. Flint, removed. MESS.A.GE FROM THE PRESIDENT. Frank MeWhort.er, to be postmaster at .BaiTe, in the county of A message in writing from the President of the United States was Washington and Stateoi Vermont, in the place of Burt H. Wells, communicated to the Rouse of Representatives by 1\fr. PRUD&'Il, whose commiss1on expired December V, 1894. one of his secretaries, who also announced that the President had James Gwyn, to be postmaste1· at National Soldiers' Home, in approved and signed the bill (H. R. 7515) granting the right of the cOlmty of Elizabeth City and State of Vll.·ginia, in the place of ·wa-y through the Arlington reservation for electTic railway pur­ Augustus C. Paul, whose commission expired December 6, 1894. poses. John M. Callahan, to be postmaster at Neenah, in the colmty of FREE PUBLIC AND DEPARTMENTAL LIBRARY, DISTRICT OF COLUM- Winnebago and State of Wisconsin, in the place of Haskell E. . :BIA. CoP-ts, removed. Mr. li1!L-'\..RD. Mr. Speaker, this being the second 1\Ionday in 'Edward D. Doney, to be postmaster at Waupun, in the county the month, under the rules this day is to be devoted to business of Fond duLac and State of Wisconsin, in the place of James E. reported by the Committee on the District of Columbia. I now :Brinkerhoff, whose commission e::;1>ired June 2, 1894. call for that order and de.siJ:e to take up·the bill which we had un­ der consideration on the last District day (H. R. 6642) to establish a free public and departmental library and reading room in the District of Columbia. HOUSE OF "REPRESENTATIVES. Th~ SPEAKER. The Clerk will report the title of the bill. l\IoNDAY_, Decembm· 10, 1~94. The Clerk read. a£ follows: A bill (H. R. 66!2) to establish a free public and departmental library and The Honse met at 12 o'clock m., and was called to order by the reading room in the District of Columbia. Speaker. Prayer by the Chaplain, Rev. E. B. BAGBY. Mr. HEARD. I move that the House resolve itself into the The Journal of the proceedings of Saturday was read and ap­ Committee of the Whole for the consideration of this bill. _proved. The motion was agreed to. COMPEN'SATION OF OFFICERS, TREASURY DEP~Tl'...rENT. ORDER OF :BUSINESS. The SPEAKER laid before the House a letter from the Secretary Mr. HEARD. Mr. Speaker, the gentleman from :Missouri [Mr. the Treasury, inclosing, with a, favorable recommendation, a draft HATOHj was in the chair on the occasion when the bill was con­ of a bill to provide for the payment of compensation to officers sidered before. under the Treasury Departm~mt for services in excess of the term The SPEAKER. The gentleman is not now present. The of office for which they were appointed; which was ordered to be gentleman from Arkansas [Mr. :McRAE] will please take the printed, and referred to the Committee on Appropriations. chair. AUDITOR OF THE TREASURY. The House accordingly resolved itself into Committee of the Whole House on the state of the Union, for the consideration of The SPEAKER laid before the Honse a letter from the Secre­ the above bill, with Iv.I:r. McRAE in the chair. tary of the Treasury, transmitting a form of a bill and papers rela­ The OID.JRMAN. The House is in Committee of the Whole tive thereto for the improvement of the conduct of the business for the consideration of the bill which the Cle1·k will report. pertaining to the office of theAuMtor of the Treasury for the Post­ Mr. DOCKERY. I ask that tbe bill be read at length. Office Department; which was ordered to be printed, and referred Mr. HEARD. Mr. Chairman, the bill was read when it was to the Joint Commission to Investigate the Executive Departments being considered before. of the Government. , l\Ir. CANNON of illinois. Yes; but that was before the lat..e FOG SIGNAL, CAT HEAD POL.~T, MICHIGAN. war. [Laughter.l The SPEAKER laid before the House a letter from the Secretary The 01IAIRMAN. The Clerk will report the bill again. of the Treasury, recommending an appropriationior the establish­ The bill was read, as follows: ment of a fog signal at or near Cat Head Point, Michigan; which Be it enacted, etc., That there be, and is heroby, established in the city of W asbington a ·free public and departmental library and reading room, being ...: was ordered to be printed, and referred to the Committee on Inter­ also a circulating or lending h'brary, for the uso of the citizens of the District state and Foreign Commerce. of Columbia and of the. employees of the several Departments and offices of the

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